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UNIVERSITIES GOVERNING BODIES ACT 2011 - SCHEDULE 1

SCHEDULE 1 – Standard governing body provisions

Incorporation instruction : Each reference in this Schedule to the "governing body" is to be read as a reference to the "Council", "Board" or "Senate" as appropriate and, accordingly, any amendments to a University Act made by the operation of section 4 are to be made to reflect the correct title of the governing body affected by the amendments. Similarly, references to the "non-academic staff" are to be replaced with references to the "general staff", and a reference to the "Academic Senate" (instead of "Academic Board") inserted, if appropriate. Each section is to be renumbered (with cross-references updated consequentially) as appropriate on incorporation in the University Act concerned.

Division 1 - The [governing body]

1 Definitions

In this Division:

"appointed member" means a [governing body] appointed member or a Ministerially appointed member.

"categories of members" --see section 3 (3).

"constitution rules" --see section 3 (4).

"elected member" --see section 5.

"external person" means a person other than a member of the academic or non-academic [general] staff of the University or an undergraduate or graduate student of the University.

"[governing body] appointed member" --see section 7.

"graduate member" --see section 6.

"Ministerially appointed member" --see section 8.

"official member" --see section 9.

2 [Governing body]

(1) There is to be a [governing body] of the University.
(2) The [governing body] is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.
(3) Schedule 1 has effect in relation to the members and procedure of the [governing body].

3 Size of [governing body]

(1) The [governing body] is to consist of a minimum of 11, and a maximum of 22, members.
(2) The total number of members is to be determined from time to time by a resolution passed by at least two-thirds of the members of the [governing body] (the
"total number of members" ).
(3) The [governing body] is to include the following categories of members:
(a) official members,
(b) elected members,
(c) [governing body] appointed members,
(d) Ministerially appointed members.
(4) Subject to subsection (6), the number of members (other than official members) in each category is to be prescribed by rules made by the [governing body] (in this Division called the
"constitution rules" ).
(5) A rule for the purposes of subsection (4) may be made only by a resolution passed by at least two-thirds of the members of the [governing body].
(6) The majority of the total number of members must be external persons.
Note : Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of subsection (6).
(7) The number of members in any one category of members must not at any time constitute a majority of the total number of members.
(8) The [governing body] must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.

4 Qualifications and experience of members

(1) Of the members of the [governing body]:
(a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and
(b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).
(2) All appointed members must have expertise and experience relevant to the functions exercisable by the [governing body] and an appreciation of the object, values, functions and activities of the University.

5 Elected staff and student members

(1) The constitution rules are to prescribe the number of persons to comprise the following categories of members:
(a) elected (academic staff) members,
(b) elected (non-academic [general] staff) members,
(c) elected (student) members.
Note : There may also be elected (graduate) members if the constitution rules so provide--see section 6.
(2) Of the members elected under this section:
(a) at least one must be a member of the academic staff of the University elected by members of the academic staff, and
(b) at least one must be a member of the non-academic [general] staff of the University elected by members of the non-academic [general] staff, and
(c) at least one must be a student of the University who:
(i) is not employed on a full-time basis (or on such other basis as the by-laws may prescribe) as a member of the academic or non-academic [general] staff of the University, and
(ii) is elected by the students of the University.
(3) The members referred to in subsection (2) (a)-(c) are:
(a) to have such qualifications as may be prescribed by the by-laws, and
(b) to be elected in the manner prescribed by the by-laws.

6 Graduate members

(1) At least one member of the [governing body], or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.
(2) The constitution rules may provide for the persons referred to in subsection (1) to become members of the [governing body] in any one or more (or combination) of the following ways:
(a) by election as elected (graduate) members in the manner prescribed by the by-laws,
(b) by appointment by the [governing body] under section 7,
(c) by appointment by the Minister under section 8.
(3) A rule providing for the appointment of a member by the Minister under section 8 may be made only with the approval of the Minister.
(4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.

7 [Governing body] appointed members

(1) The [governing body] may appoint as members of the [governing body] such number of external persons as is prescribed by the constitution rules for the category of [governing body] appointed members.
(2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.

8 Ministerially appointed members

(1) The Minister may appoint as members of the [governing body] 2 external persons, or such greater number of external persons (not exceeding 6) as is prescribed by the constitution rules for the category of Ministerially appointed members.
(2) The Minister may not appoint a member of the Parliament of New South Wales, the Parliament of the Commonwealth or another State or the Legislative Assembly of a Territory as a Ministerially appointed member.
(3) Without limiting the discretion of the Minister under subsection (1), the [governing body] may suggest to the Minister persons who the [governing body] considers would be appropriate for appointment by the Minister.

9 Official members

The
"official members" of the [governing body] are the following:

(a) the Chancellor,
(b) the Vice-Chancellor,
(c) the person for the time being holding the office of President of the Academic Board [Academic Senate] (if the person is not the Vice-Chancellor) or of Deputy President of the Academic Board [Academic Senate] (if the President is the Vice-Chancellor).

10 Term of office

(1) Subject to this Act, a member of the [governing body] holds office as follows:
(a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,
(b) in the case of a Ministerially appointed member or [governing body] appointed member, for such term (not exceeding 4 years) as may be specified in the member's instrument of appointment,
(c) in the case of an elected member other than an elected (graduate) member, for such term (not exceeding 2 years) as may be prescribed by the by-laws,
(d) in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.
(2) The need to maintain an appropriate balance of experienced and new members on the [governing body] must be taken into account:
(a) by the [governing body], when making the by-laws required under this section, and
(b) by the Minister and the [governing body], when appointing members to the [governing body].
(3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the [governing body] otherwise resolves in relation to the person).

Division 2 - Other officers and bodies



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