2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Education and Training)

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Education and Training)

An Act to amend the University of Canberra Act 1989 and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the University of Canberra Amendment Act 2006.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the University of Canberra Act 1989.

Note This Act also amends the Remuneration Tribunal Act 1995 (see s 13).

(1) The council consists of the following members:

(a) the chancellor;

(b) the vice-chancellor;

(c) the chairperson of the board;

(d) 8 people appointed by the Chief Minister;

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(e) 1 member of the academic staff elected by members of the academic staff;

(f) 1 member of the general staff elected by members of the general staff;

(g) 1 undergraduate student elected by undergraduate students of the university;

(h) 1 postgraduate student elected by postgraduate students of the university.

(2) A member mentioned in subsection (1) (d) must not be appointed—

(a) for a term of longer than 3 years; or

(b) if the total period of the member’s appointment is longer than 9 years—without the council’s agreement.

(3) The conditions of appointment of a member mentioned in subsection (1) (d) are the conditions agreed between the Executive and the member, subject to any determination under the Remuneration Tribunal Act 1995.

(4) A member mentioned in subsection (1) (e), (f), (g) or (h)—

(a) holds office for the period the statutes provide in relation to the member; but

(b) must not hold office for a total period longer than 9 years.

(1) The council may recommend people for appointment to the council under section 11 (1) (d).

(2) In deciding to appoint a person to the council, the Chief Minister must have regard to the desirability of ensuring there is a balance of skills, expertise and gender among members of the council.

(3) The Chief Minister must try to ensure that the members appointed—

(a) have skills in finance, management, commerce, law or teaching to contribute to the effective working of the council; and

(b) have an appreciation of the values of a higher education provider, its core activities of teaching and research, its independence and academic freedom and the community’s needs.

(4) Without limiting subsection (3)—

(a) at least 2 members appointed must have a high level of relevant financial expertise; and

(b) at least 1 member appointed must have a high level of relevant commercial expertise.

(5) The Chief Minister must not appoint to the council—

(a) a member of—

(i) the Commonwealth parliament; or

(ii) a State parliament; or

(iii) the Legislative Assembly; or

(iv) the legislature of another territory; or

(b) a member of the academic staff or general staff of the university; or

(c) a student of the university.

A resolution is a valid resolution of the council, even if it is not passed at a meeting of the council, if at least ²/3 of the members agree to the proposed resolution in writing or by electronic communication.

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Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(f) for a member mentioned in section 11 (1) (e), (f), (g) or (h)—ceases to be qualified to be elected as mentioned in the paragraph concerned.

section 11 (1) (c)

section 11 (1) (d)

(1) The council must appoint the chairperson of the board.

(2) The chairperson must be a professor of the university.

(3) In deciding the appointment of the chairperson, the council must consider any recommendation of the vice-chancellor.

(4) The chairperson holds office on the conditions and for the period stated in the statutes.

Fees payable to the university, including student contribution amounts and tuition fees, are payable in accordance with the statutes.

The council must apply the following only for the purposes of the university:

(a) any financial assistance paid to the university under the Commonwealth Act;

(b) student contribution amounts paid to the university under the Commonwealth Act;

(c) tuition fees paid to the university under the Commonwealth Act;

(d) any other money received by the university under this Act or otherwise.

(r) the payment to the university of—

(i) fees, including student contribution amounts and tuition fees, within the meaning of fee in the Commonwealth Act, section 19-102; or

(ii) fees not included within the meaning of fee by the Commonwealth Act, section 19-102;

Commonwealth Act means the Higher Education Support Act 2003 (Cwlth).

student contribution amount—see the Commonwealth Act, section 93-5.

tuition fee—see the Commonwealth Act, schedule 1—dictionary.

• a member of the University of Canberra council appointed under the University of Canberra Act 1989, section 11 (1) (d)

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.