Victorian Current Acts Victorian Current ActsSchedule 1—Membership and procedure of the Council
1 Terms and conditions of office of Council members
Sch. 1 cl. 1(1) amended by No. 73/2012 s. 84(1).
(1) Subject to this Act, including an Order in Council made under section 63—
Sch. 1 cl. 1(1)(a) amended by No. 73/2012 s. 85(1), substituted by No. 31/2018 s. 90(1).
(a) a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;
Sch. 1 cl. 1(1)(b) amended by Nos 73/2012 s. 85(2)(b), 69/2015 s. 100(a), substituted by No. 31/2018 s. 90(2).
(b) a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;
Sch. 1 cl. 1(1)(c) repealed by No. 73/2012 s. 85(2)(a), new Sch. 1 cl. 1(1)(c) inserted by No. 69/2015 s. 100(b).
(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations;
Sch. 1 cl. 1(1)(d) repealed by No. 73/2012 s. 85(2)(a), new Sch. 1 cl. 1(1)(d) inserted by No. 69/2015 s. 100(b).
(d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.
Sch. 1 cl. 1(2) amended by No. 73/2012 s. 85(1), repealed by No. 31/2018 s. 90(3).
* * * * *
Sch. 1 cl. 1(3) inserted by No. 73/2012 s. 84(2), repealed by No. 31/2018 s. 90(3).
* * * * *
2 Members eligible for reappointment
Sch. 1 cl. 2(1) amended by Nos 73/2012 s. 85(2)(c), 69/2015 s. 101.
(1) A member of the Council is eligible to be re‑appointed or re-elected to the Council at the end of the member's term of office, provided that the member's period in office does not exceed 12 years of membership, whether consecutive or not.
(2) Subclause (1) does not apply to a member of the Council whose membership exceeds 12 years if the Council passes a resolution that the person may continue to be a member beyond that period.
3 Council's power of removal
(1) The Council may remove a member from office in accordance with this clause.
(2) The Council may only remove a member from office if it is of the opinion that the member has failed to comply with the responsibilities of a member of the Council.
(3) The Council must not remove a member from office unless—
(a) another member gives notice at an ordinary meeting of the Council of an intention to move a motion for the member to be removed from the Council and sets out in the notice the grounds for removal; and
(b) the member gives that notice no later than at the last ordinary meeting of the Council before the meeting at which the motion to remove the member will be put to the Council; and
(c) if the member to be removed is not present at the meeting at which that notice is given, the Council gives the member written notice of the intention and sets out in the notice the grounds for removal; and
(d) the Council gives the member to be removed an opportunity, at or before the meeting where the motion for removal is to be considered, to make submissions in writing or personally before the Council of the reasons why the member should not be removed from the Council; and
(e) by a majority of two-thirds of the members present at the meeting, the Council passes a resolution removing the member from office on the grounds stated in the notice given under this clause.
4 Vacancies in membership of Council
(1) A member's office becomes vacant—
(a) on the expiry of his or her term of office; or
(b) if he or she resigns from office; or
(c) if he or she is removed from office; or
(d) if he or she is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or
(e) if he or she becomes an insolvent under administration; or
(f) if he or she is elected as a member of the Parliament of Victoria or of the Commonwealth or of any other State or Territory; or
(g) if he or she is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act; or
(h) if he or she ceases to be eligible for the category of member for which the member was elected or appointed; or
(i) if he or she has failed to attend 3 consecutive ordinary meetings of the Council, without the Council's prior approval.
(2) If a member of the Council becomes entitled to be a member ex officio—
(a) that member is deemed to hold office ex officio; and
(b) the vacated office of that member must be filled in the manner set out for the filling of casual vacancies.
Sch. 1 cl. 4A inserted by No. 39/2012 s. 59.
4A Leave of Absence
(1) The Council may, in accordance with this Schedule, grant to or approve for a member of the Council such leave of absence as the Council determines and subject to such terms and conditions as the Council determines.
Sch. 1 cl. 4A(2) amended by No. 73/2012 s. 85(1).
(2) The Council may grant a government appointed member of the Council leave of absence for a period not exceeding 3 months.
Sch. 1 cl. 4A(3) amended by No. 73/2012 s. 85(1).
(3) The Council, with the prior approval of the Minister, may grant a government appointed member of the Council leave of absence for a period not exceeding 12 months.
Notes
1 Clause 4(1)(i) refers to leave of absence from ordinary meetings of the Council.
2 Section 41 of the Interpretation of Legislation Act 1984 provides for the appointment of a person to act in place of the holder of an office if the holder of the office is absent or unable to act.
Sch. 1 cl. 4B inserted by No. 39/2012 s. 59.
4B Terms and conditions of appointment of acting members
The Minister may determine the terms and conditions of appointment of an acting member of the Council including remuneration and fees (if any) to be paid to the acting member.
Sch. 1 cl. 4C inserted by No. 39/2012 s. 59.
4C Operation of Interpretation of Legislation Act 1984
Unless the contrary intention expressly appears, this Schedule does not affect or take away from section 41 of the Interpretation of Legislation Act 1984 .
Sch. 1 cl. 5 amended by Nos 73/2012 s. 85(2)(d), 69/2015 s. 102.
5 Filling of vacancies on retirement
The appointment or election of a person as a member of the Council to fill a vacancy caused by the retirement of a member at the end of a term of office—
(a) except in the case of Council appointed members, may be made within 6 months before the date of the end of the term of office of the retiring member and takes effect at the end of that term of office; and
(b) in the case of Council appointed members, must be made on or before the last scheduled meeting of the Council before the end of the term of office of the retiring member.
Sch. 1 cl. 6 repealed by No. 73/2012 s. 85(2)(e), new Sch. 1 cl. 6 inserted by No. 69/2015 s. 103.
6 Conduct of elections
Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations.
Sch. 1 cl. 7 repealed by No. 73/2012 s. 85(2)(e), new Sch. 1 cl. 7 inserted by No. 69/2015 s. 103.
7 Elected member vacancies taken to be casual vacancies
(1) This clause applies if—
(a) at any election for elected members of the Council—
(i) no vacancies are filled; or
(ii) a number of vacancies less than the whole number which should have been filled is filled; or
(b) an election for elected members of the Council to fill vacancies should have been held but is not held.
(2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies.
(3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.
8 Filling of casual vacancies generally
Sch. 1 cl. 8(1) amended by No. 73/2012 s. 85(1)
(2)(f)(g),
substituted by No. 69/2015 s. 104(1).
(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.
Sch. 1 cl. 8(2) amended by No. 73/2012 s. 85(2)(h), substituted by No. 69/2015 s. 104(2), amended by No. 31/2018 s. 91(1).
(2) A person who is to be elected as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.
Sch. 1 cl. 8(3) amended by No. 73/2012 s. 85(2)(g)(i), substituted by No. 69/2015 s. 104(3).
(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.
Sch. 1 cl. 8(4) amended by Nos 73/2012 s. 85(2)(h), 69/2015 s. 104(4), 31/2018 s. 91(2).
(4) Subject to this Act, a member elected to fill a casual vacancy is entitled to hold office during the remainder of the term of the member whose office the new member fills.
Sch. 1 cl. 8(4A) inserted by No. 31/2018 s. 91(3).
(4A) Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.
Sch. 1 cl. 8(5) amended by No. 73/2012 s. 85(1)(2)(f), substituted by No. 69/2015 s. 104(5), amended by No. 31/2018 s. 91(4).
(5) Despite subclauses (4) and (4A), it is not obligatory to fill a casual vacancy for the remainder of the term if—
(a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office;
(b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.
9 Interim Ministerial appointments
Sch. 1 cl. 9(1) amended by No. 73/2012 s. 85(1).
(1) Despite section 12 and clause 8, after consultation with the Chancellor, the Minister may make an interim appointment of a person to a vacancy in the office of a government appointed member.
(2) An interim appointment under subclause (1)—
(a) is made by order published in the Government Gazette; and
(b) is for the period specified in the order, being a period not exceeding 6 months; and
(c) may be made despite the requirements of section 12.
10 Chairperson
At every meeting of the Council—
(a) the Chancellor or, in his or her absence, one of the deputy chancellors elected by the meeting, is to preside as chairperson; and
Sch. 1 cl. 10(b) amended by No. 69/2015 s. 105.
(b) in the absence of the Chancellor and the deputy chancellors, the members of the Council present must elect a government appointed member or Council appointed member as chairperson.
11 Declaration of interests of Council members
(1) A member of the Council who has an interest in a matter being considered or about to be considered by the Council must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest—
(a) at a meeting of the Council; or
(b) in writing addressed to the Chancellor.
(2) If the Chancellor receives a written declaration under subclause (1), the Chancellor must report it or cause it to be reported, at the next meeting of the Council.
(3) The person presiding at a meeting at which a declaration is made under subclause (1) or reported under subclause (2) must cause a record of the declaration to be made in the minutes of the meeting.
(4) After a declaration is made under subclause (1) by a member of the Council—
(a) unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and
(b) the member is not entitled to vote on the matter; and
(c) if the member does vote on the matter, the vote must be disallowed .
12 How questions are to be decided and quorum
Sch. 1 cl. 12(1) substituted by No. 73/2012 s. 86.
(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who is on leave of absence granted under clause 4A.
(2) Subject to any university statute made under subclause (3), all questions which come before any meeting of the Council must be decided by the majority of the members present.
(3) Subject to there being a quorum as required by subclause (1), the Council, by university statute, may provide that certain resolutions, or resolutions of certain classes, have effect only if passed by a specified majority of members or of members present and voting.
(4) The Chairperson at any meeting has—
(a) a vote; and
(b) in the case of an equality of votes, a casting vote.
(5) Subject to this Act, the university statutes and the university regulations, the Council may regulate its own proceedings.
13 Resolutions without meetings of the Council
(1) If a majority of the members for the time being of the Council sign a document circulated by, or on behalf of, the Chancellor containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms must be taken to have been passed at a meeting of the Council—
(a) held on the day on which the document is signed; or
(b) if the members do not sign it on the same day, on the day on which the last member to sign signs the document.
(2) If a resolution is taken to have been passed at a meeting of the Council under subclause (1), each member must—
(a) be advised as soon as practicable; and
(b) be given a copy of the terms of the resolution.
(3) For the purposes of subclause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is to be taken to constitute one document.
(4) In this clause, "member", in relation to a resolution, does not include a member who, by reason of clause 11, is not permitted to vote on the resolution.
14 Approved methods of communication for Council meetings
(1) If not less than two-thirds of the members of the Council so agree, a meeting of the Council may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the Chancellor for the purposes of that meeting.
(2) For the purposes of this Schedule, a member of the Council who participates in a meeting held in accordance with subclause (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.
(3) In this clause, "meeting" includes a part of a meeting.
15 Committees and delegation of powers
(1) The Council, by resolution, may constitute and appoint any committees as it thinks fit.
(2) At least one-third of the members of any committee must be members of the Council.
(3) The Council, by resolution, may delegate to any committee or to any member of a committee all or any of its powers, authorities, duties and functions other than—
(a) this power of delegation; and
(b) the power to make university statutes and, except in accordance with section 30, university regulations.
(4) A delegation under this clause is revocable by resolution of the Council.
Note
See also sections 42 and 42A of the Interpretation of Legislation Act 1984 .
16 Validation of acts or decisions despite vacancy or disqualification
(1) An act or decision of the Council or a committee of the Council is not invalid merely because of—
Sch. 1 cl. 16(1)(a) amended by Nos 73/2012 s. 87, 69/2015 s. 106(1)(a).
(a) a defect or irregularity in, or in connection with, the appointment or election of a member of the Council; or
Sch. 1 cl. 16(1)(b) amended by No. 69/2015 s. 106(1)(b).
(b) a vacancy in the membership of the Council, including a vacancy arising from the failure to appoint or elect a member of the Council.
(2) Anything done by or in relation to a person purporting to act as Chairperson, a member of the Council or on a committee is not invalid merely because—
Sch. 1 cl. 16(2)(a) amended by Nos 73/2012 s. 87, 69/2015 s. 106(2).
(a) the occasion for the appointment or election had not arisen; or
Sch. 1 cl. 16(2)(b) amended by Nos 73/2012 s. 87, 69/2015 s. 106(2).
(b) there was a defect or irregularity in, or in connection with, the appointment or election; or
Sch. 1 cl. 16(2)(c) amended by Nos 73/2012 s. 87, 69/2015 s. 106(2).
(c) the appointment or election had ceased to have effect.
Í Í Í Í Í Í Í Í Í Í Í Í Í Í Í