South Australian Consolidated Acts

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FLINDERS UNIVERSITY OF SOUTH AUSTRALIA ACT 1966 - SECT 6

6—Term of office

        (1)         Subject to subsection (5a), a member appointed to the Council by the Council will be appointed for a term of 2 or 4 years to be determined—

            (a)         in the case of a member appointed on the recommendation of a selection committee—by that selection committee; and

            (b)         in the case of a member co-opted and appointed by the Council—by the Council.

        (2)         A person elected by the Academic Senate to the Council will be elected for a term of 2 years.

        (3)         A member of the academic or general staff of the University elected to the Council will be elected for a term of 2 years.

        (4)         A student of the University appointed or elected to the Council will be appointed or elected for a term of 1 year.

        (5)         Subject to subsection (5a), at the expiration of a term of office, a member appointed or elected to the Council is eligible for reappointment or re-election.

        (5a)         A person may not, except by resolution of the Council, be appointed or elected as a member of the Council if the appointment or election (as the case requires) would result in the person being a member of the Council for more than 12 years.

        (6)         Subject to this section, the Council may remove an appointed or elected member of the Council from office for—

            (a)         mental or physical incapacity to carry out official duties satisfactorily; or

            (b)         failing, without reasonable excuse, to comply with the Council's requirements in relation to attendance at Council meetings; or

            (c)         conviction of an indictable offence; or

            (d)         serious misconduct.

        (6a)         An appointed or elected member of the Council may only be removed under subsection (6)(d) by resolution passed by at least a two-thirds majority of the members of the Council.

        (7)         The office of an appointed or elected member becomes vacant if the member—

            (a)         dies; or

            (b)         completes a term of office and is not reappointed or re-elected; or

            (c)         does not continue in the capacity in which he or she was appointed or elected to membership of the Council (unless the date of the next appointment or election to his or her office is within 3 months from the date on which the member ceased to continue in the capacity in which he or she was appointed or elected); or

            (d)         resigns by notice in writing addressed to the Chancellor; or

            (e)         is removed from the office by the Council under subsection (6); or

            (f)         is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth.

        (8)         If a member of the Council is appointed by the Council to the office of Chancellor or Vice-Chancellor, a casual vacancy occurs in the office held by that member.

        (9)         On the office of an appointed or elected member of the Council becoming vacant under this section, a person must be appointed or elected, as the case may require, to the vacant office in accordance with this Act.

        (10)         Subject to this Act, a member appointed or elected to fill a casual vacancy in the membership of the Council holds office for the balance of the term of his or her predecessor.

        (11)         An act or decision of the Council is not invalid by reason only of a vacancy in its membership or on the ground of any defect in the appointment of a member.



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