New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"Southern Cross University" means the University established by the
Southern Cross University Act 1993 .
"former University of New England" means the University of New England
established under the University of New England Act 1989 .
"former University at Armidale" means the University of New England, Armidale,
being the network member of that name under the University of New England Act
1989 .
"new University" means the University of New England established by this Act.
"transfer day" means the day on which the University of New England Act 1989
is repealed.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part--
"officer" , in relation to the former University at Armidale, means a person
who, immediately before the transfer day, held any salaried office or
employment in the staff establishment of that institution otherwise than as a
temporary staff member or a staff member employed on a fixed term contract.
"superannuation scheme" means a scheme, fund or arrangement under which any
superannuation or retirement benefits are provided and which is established by
or under an Act.
"temporary staff member" , in relation to the former University at Armidale,
means a person who, immediately before the transfer day, was employed in the
staff establishment of that institution on terms and conditions that allowed
for his or her services to be dispensed with at any time.
(1) The Minister may, by order in writing, direct that a person who immediately before the transfer day held any salaried office or employment in the staff establishment of the former University of New England is taken for the purposes of this Schedule to have held that office or employment in the former University at Armidale, and any such direction has effect accordingly.
(2) The Minister may give directions to the new University and to Southern Cross University requiring either to make specified payments to the other for the purpose of making adjustments between them in relation to their liabilities in respect of persons who become members of their staff establishments as a result of the operation of this clause. Such a direction has the effect of creating a liability to make any payment directed to be made.
(3) The Minister is not to give a direction under this clause without first consulting with the Vice-Chancellor of each University to be affected by the proposed direction and unless satisfied that the Universities have been given a reasonable opportunity to resolve by agreement between themselves any dispute with which the proposed direction is concerned.
(1) Each officer of the former University at Armidale becomes, on the transfer day, an officer of the new University.
(2) Except as provided by this Part or the regulations, the terms and conditions on which a person becomes an officer of the new University under this clause are the same as those on which he or she was an officer of the former University at Armidale.
(1) An officer of the former University at Armidale who, pursuant to this Part, becomes an officer of the new University becomes such an officer on the same terms and conditions as to remuneration, and duration of appointment, as those on which he or she was employed at the former University at Armidale immediately before the transfer day.
(2) Such part of the remuneration referred to in subclause (1) as is salary or wages is subject to any adjustment necessary to give effect to any fluctuation in the applicable basic wage in force under Part 2 of Chapter 2 of the Industrial Relations Act 1991 until the salary is, or the wages are, lawfully varied.
(1) An officer of the former University at Armidale who, pursuant to this Part, becomes an officer of the new University--(a) may continue to contribute to any superannuation scheme to which the person was a contributor immediately before becoming an officer of the new University, and(b) is entitled to receive any payment, pension or gratuity accrued or accruing to the person under any such scheme, as if he or she had continued to be such a contributor during his or her service as an officer of the new University.
(2) Service by an officer of the former University at Armidale as an officer of the former University of New England is taken to be service as an officer of the former University at Armidale for the purposes of any law under which the officer continues to contribute to any such scheme or by which an entitlement under any such scheme is conferred.
(3) An officer of the former University at Armidale who, pursuant to this Part, becomes an officer of the new University is regarded as an officer or employee, and the new University is regarded as the employer, for the purposes of the superannuation scheme to which he or she is entitled to contribute under this clause.
(4) If a person would, but for this subclause, be entitled under subclause (1) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under any such scheme--(a) the person is not so entitled on the person's becoming a contributor to any other superannuation scheme, and(b) the provisions of subclause (3) cease to apply to or in respect of the person and the new University where the person becomes a contributor to any such other superannuation scheme.
(5) Subclause (4) does not prevent the payment to an officer of the former University at Armidale, on the officer's ceasing to be a contributor to a superannuation scheme, of such amount as would have been payable to the officer if the officer had ceased, by reason of resignation, to be such a contributor.
(1) An officer of the former University at Armidale who, pursuant to this Part, becomes an officer of the new University retains any rights to--(a) annual leave, and(b) leave in the nature of long service leave, and(c) sick leave, accrued or accruing to the person as an officer of the former University at Armidale.
(2) A person's entitlement to any such leave is to be calculated--(a) for such part of any period during which that leave accrued or was accruing as occurred before the transfer day--at the rate for the time being applicable to the officer, as an officer of the former University at Armidale, before that day, and(b) for such part of that period as occurred after the transfer day--at the rate for the time being applicable to the officer, as an officer of the new University, after that day.
An officer of the former University at Armidale who, pursuant to this Part, becomes an officer of the new University is not entitled to claim, both under this Act and any other Act, dual benefits of the same kind in respect of the same period of service.
(1) Each temporary staff member of the former University at Armidale becomes, on the transfer day, a temporary staff member of the new University.
(2) A temporary staff member of the former University at Armidale who, pursuant to this clause, becomes a temporary staff member of the new University becomes such a staff member on the same terms and conditions (including conditions as to remuneration) as those on which he or she was employed at the former University at Armidale immediately before the transfer day.
(3) Such part of the remuneration referred to in subclause (2) as is salary or wages is subject to any adjustment necessary to give effect to any fluctuation in the applicable basic wage in force under Part 2 of Chapter 2 of the Industrial Relations Act 1991 until the salary is, or the wages are, lawfully varied.
A fixed term contract in force, immediately before the transfer day, between a person and the former University of New England in relation to the former University at Armidale (being a contract under which the person performed services for the former University at Armidale)--
(a) is taken, for the remainder of its term, to be a contract in the same terms, between the person and the new University, under which the new University assumes the rights and obligations of the former University of New England, and
(b) may be arbitrated, terminated or renewed in any manner provided by the contract.
This Part does not apply to a person holding office as chief executive officer of a member of the University network under the University of New England Act 1989 , or as Vice-Chancellor under that Act.
(1) Nothing in this Part affects the operation of the Industrial Relations Act 1991 .
(2) Neither the contract of employment nor the period of employment of a person is taken to have been broken by the operation of this Part for the purposes of any law, award or agreement relating to the employment of that person.
(3) A person is not entitled to receive any payment or other benefit merely because the member ceases to be a member of staff of the former University at Armidale by the operation of this Part.
In this Part--
"assets" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description (including money), and includes securities, choses in action and
documents.
"instrument" means an instrument (other than this Act) which creates, modifies
or extinguishes rights or liabilities (or would do so if lodged, filed or
registered in accordance with any law), and includes any judgment, order and
process of a court.
"liabilities" means all liabilities, debts and obligations (whether present or
future and whether vested or contingent).
"rights" means all rights, powers, privileges and immunities (whether present
or future and whether vested or contingent).
(1) For the purposes of this Part, the assets, rights and liabilities of the former University at Armidale comprise--(a) those assets, rights and liabilities of the former University of New England that relate to the former University at Armidale, and(b) any assets, rights and liabilities of the former University of New England that the Minister directs by order in writing are to be regarded as assets, rights or liabilities of the former University at Armidale.
(2) The Minister may in a direction under this clause specify a particular day that is later than the commencement of this clause as the transfer day for the purposes of any asset, right or liability to which the direction relates and the day so specified then becomes the transfer day for the purposes of the operation of this Schedule in relation to that asset, right or liability.
(3) The Minister is not to give a direction under this clause without first consulting with the Vice-Chancellor of each University to be affected by the proposed direction and unless satisfied that the Universities have been given a reasonable opportunity to resolve by agreement between themselves any dispute with which the proposed direction is concerned.
(1) On and from the transfer day--(a) the assets of the former University at Armidale vest in the new University by force of this clause and without the need for any conveyance, transfer, assignment or assurance, and(b) the rights and liabilities of the former University at Armidale become by force of this clause the rights and liabilities of the new University, and(c) all proceedings relating to the former University at Armidale commenced before the transfer day by or against the former University of New England and pending immediately before the transfer day are taken to be proceedings pending by or against the new University, and(d) anything done or omitted to be done in relation to the former University at Armidale before the transfer day by, to or in respect of the former University of New England is (to the extent that it has any force or effect) taken to have been done or omitted to be done by, to or in respect of the new University, and(e) a reference in any other Act, in any instrument made under any Act or in any document of any kind to the former University at Armidale or to the former University of New England (to the extent that it relates to the former University at Armidale) is to be read as, or as including, a reference to the new University.
(2) The new University has the control and management of land that was under the control and management of the former University of New England in relation to the former University at Armidale immediately before the transfer day.
(3) The assets of the former University at Armidale vested in the new University by this clause are vested subject to any trusts or conditions subject to which they were held immediately before the transfer day and are to be applied by the new University for the purposes of the new University.
(4) The transfer, by this Part, of the control and management of any asset to the new University does not affect any power of the person or body by whom the control and management of that asset has been conferred, or of any lawful successor of that person or body--(a) to remove the control and management of that asset from the new University, or(b) to vary the conditions subject to which the control and management of that asset may be exercised by the new University,that could have been exercised by that person or body, or by that lawful successor, in respect of that property had this Act not been enacted.
(1) The operation of this Part is not to be regarded--(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.
(2) No attornment to the new University by a lessee from the former University of New England is required.
(3) Any instrument executed only for--(a) a purpose ancillary to or consequential on the operation of this Part, or(b) the purpose of giving effect to this Part,is not chargeable with stamp duty and is exempt from payment of any other fee or charge that would otherwise be payable under any other Act in respect of the registration of any such instrument.
(1) Pending the commencement of section 9, the Council is to consist of such persons as the Minister appoints for the purposes of this clause (referred to in this Part as the
"interim Council" ).
(2) The members of the interim Council hold office, subject to this Act, until the commencement of section 9.
(3) The Minister may call the first meeting of the interim Council in such manner as the Minister thinks fit.
(4) A member of the interim Council designated by the Minister is to preside at all meetings of the interim Council until the election of the first Chancellor of the University.
(5) The interim Council is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that a Council is duly constituted under section 9 so as to take office within 12 months after the commencement of this clause or within such extended time as is specified in a proclamation at any time during that period of 12 months.
(6) The interim Council has and may exercise all the functions of the Council until the commencement of section 9, except the functions of the Council under sections 10 (Chancellor) and 11 (Deputy Chancellor). The provisions of this Act (except clause 1 (Term of office) of Schedule 1) applicable to the Council or the members of the Council apply to the interim Council and the members of the interim Council.
(7) Schedule 1 has effect in relation to the members and procedure of the interim Council as if those members were appointed members of the Council.
(1) The Board of Governors of the University of New England, as constituted immediately before the repeal of the University of New England Act 1989 is dissolved.
(2) The persons holding office as members of the Board of Governors, Chancellor, Deputy Chancellor and Vice-Chancellor immediately before the repeal of the University of New England Act 1989 cease to hold office as such on that repeal.
(3) The offices of chief executive officer of a member of the University network under the University of New England Act 1989 are abolished and the persons holding office as such immediately before the repeal of that Act cease to hold office as such on that repeal.
(4) Nothing in this clause affects any entitlement to compensation that a person who held office as Vice-Chancellor or chief executive officer of a member of the University network immediately before the repeal of the University of New England Act 1989 has as a result of ceasing to hold that office.
(5) The Minister may give directions to the new University, Southern Cross University and any other university that the Minister considers should bear responsibility for compensation referred to in subclause (4), requiring the making of specified payments by them for the purpose of adjusting their liabilities in respect of that compensation. Such a direction has the effect of creating a liability to make any payment directed to be made.
(6) The Minister is not to give a direction under this clause without first consulting with the Vice-Chancellor of each University to be affected by the proposed direction and unless satisfied that the Universities have been given a reasonable opportunity to resolve by agreement between themselves any dispute with which the proposed direction is concerned.
The election of the first Chancellor of the University by the Council is not to take place until the Council is (apart from the election of Chancellor) fully constituted as provided by section 9.
The first appointment of a person under section 9 (6) as a member of the Council is not to take place until the other members of the Council provided for in section 9 (2), (4) and (5) have been elected or appointed.
(1) The first Vice-Chancellor is to be a person appointed by the interim Council on the recommendation of a committee established with the approval of the Minister for the purpose of selecting a person for appointment.
(2) The interim Council may, instead of appointing a person to be Vice-Chancellor, appoint a person to act as Vice-Chancellor pending the appointment of a Vice-Chancellor.
(3) If the interim Council has not appointed a person to be Vice-Chancellor before the commencement of section 9, a vacancy in the office of Vice-Chancellor is considered to have occurred (for the purpose of enabling the Council constituted under section 9 to appoint a person to be the Vice-Chancellor).
(1) Each person who was, immediately before the transfer day, a student of the former University at Armidale enrolled in a course of study becomes on that day a student of the new University in that course of study and the new University must provide such courses of study as are necessary for the purposes of this clause.
(2) A course of study provided by the new University that is equivalent to a course of study provided by the former University of New England (
"the former course" ) is taken to be the same as the former course and accordingly a student enrolled in such a course of study is to be given credit in that course for any subject or work completed by the student in the former course.
(3) Students enrolled in courses of study under this clause are entitled, on satisfactory completion of their courses, to appropriate awards conferred by the new University.
(1) The new University must enter into arrangements with Southern Cross University for the purpose of affording students transferred to Southern Cross University who were enrolled in courses of study at the former University of New England immediately before the transfer day the opportunity (if they wish) to complete those courses as provided by the new University.
(2) The
"students transferred to Southern Cross University" are the students who become students of Southern Cross University pursuant to clause 22 of Schedule 3 to the Southern Cross University Act 1993 .
(3) Students of Southern Cross University who satisfactorily complete their courses under the arrangements referred to in this clause are entitled to appropriate awards conferred by the University of New England.
(1) The By-laws of the University of New England (as in force immediately before the transfer day) continue in force as if they had been made by the Council under this Act and may be amended and revoked accordingly.
(2) A reference in those By-laws to the Board or the Board of Governors is taken to be a reference to the Council and a reference to the Academic Senate is taken to be a reference to the Academic Board.
(3) The Armidale College of Advanced Education By-law is repealed.
Any delegation made by the Board of the former University of New England in respect of the former University at Armidale and in force immediately before the transfer day continues to have effect as if it were a delegation made by the Council, but may be revoked at any time by the Council.
Nothing in this Part affects the validity of any investment made by or on behalf of the former University of New England before the transfer day.
(1) For the purpose only of enabling the Council to be duly constituted on or after the commencement of section 9, elections may be conducted and appointments made before that commencement as if the whole of this Act were in force.
(2) A member who is elected or appointed to the Council under this clause does not assume office before the commencement of section 9.
In any other Act or in any statutory instrument (including any industrial award or industrial agreement) or other document, a reference to the former University at Armidale is, on and from the transfer day, to be read as a reference to the new University.
(1) Any question arising in connection with the operation of this Schedule--(a) as to which land is under the control and management of any particular institution, or(b) as to which institution any assets, rights, liabilities or obligations belong or relate to, or(c) as to which institution the employment of any staff pertains to,is to be determined by the Minister.
(2) A certificate by the Minister as to a determination under this clause is, for any purpose, evidence of the matters contained in the certificate.
(3) The Minister is not to make a determination under this clause without first consulting with the Vice-Chancellor of each University to be affected by the proposed determination and unless satisfied that the Universities have been given a reasonable opportunity to resolve by agreement between themselves any dispute with which the proposed determination is concerned.
(1) The Minister may give directions to the University of Sydney (as the institution responsible for Orange Agricultural College) requiring that University to make specified payments to the new University and Southern Cross University for the purpose of adjusting the liabilities of those Universities arising under this Schedule or Schedule 3 to the Southern Cross University Act 1993 that the Minister considers are attributable to the Orange Agricultural College.
(2) The Minister is not to give a direction under this clause without first consulting with the Vice-Chancellor of each University to be affected by the proposed direction and unless satisfied that the Universities have been given a reasonable opportunity to resolve by agreement between themselves any dispute with which the proposed direction is concerned.
(3) A direction under this clause has the effect of creating a liability to make any payment directed to be made.
This Act and the Southern Cross University Act 1993 supersede the operation of the Higher Education (Amalgamation) Act 1989 in relation to the former University of New England, the former Armidale College of Advanced Education and the former Northern Rivers College of Advanced Education.
(1) Section 13 (2) extends to disputes and other matters arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
(1) Any by-law made or taken to have been made under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994 , but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994 , but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
Until an order is made under clause 2 of Schedule 2 (as substituted by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 ), approval is taken to have been given by order under that clause to the investment by the Council of any funds of the University in any manner that the Council was authorised to invest those funds immediately before the Council ceased to be an authority for the purposes of Part 3 (Investment) of the Public Authorities (Financial Arrangements) Act 1987 .
Any act or omission occurring before the substitution of section 6 by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 that would have been valid had that section as so substituted been in force from the commencement of that section as originally enacted is (to the extent of any invalidity) taken to be, and always to have been, valid.
In this Part--
"amending Act" means the University Legislation Amendment Act 2004 .
"former section 9" means section 9 as in force immediately before its
substitution by the amending Act.
"new section 9" means section 9 as substituted by the amending Act.
"relevant day" means the date of assent to the amending Act.
The provisions of this Part are subject to any regulations made under clause 2.
(1) Subject to this Act, on the relevant day--(a) a person holding office under former section 9 (2) ceases to hold that office, and(b) a person holding office under former section 9 (4) or (6) is taken to be appointed as a member under new section 9 (1) (b) or (c), respectively, for the balance of the person's term of office, and(c) a person holding office under former section 9 (5) (a), (b), (c), (d) or (e) is taken to be elected as a member under new section 9 (1) (d), (e), (f), (g) or (h), respectively, for the balance of the person's term of office.
(2) The Council is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that the Council is duly constituted under new section 9 as soon as is reasonably practicable after the relevant day.
(3) For the purposes of making the by-laws referred to in subclause (2), the Council must be constituted so as to include all of the members required to be appointed under new section 9 (1) (b).
(4) The Council is taken to be properly constituted until such time as it is constituted in accordance with new section 9.
(5) A casual vacancy occurring in the office of a member before the Council is duly constituted under new section 9 is to be filled as follows--(a) if the vacancy occurs in the office of a member appointed under new section 9 (1) (b), the Minister is to appoint a person whom the Minister considers appropriate,(b) if the vacancy occurs in the office of a member appointed under new section 9 (1) (c), the Council is to appoint a person whom the Council considers appropriate,(c) if the vacancy occurs in the office of a member elected under new section 9 (1) (d) or (e), the Council is to appoint a person qualified to hold that office,(d) if the vacancy occurs in the office of a member elected under new section 9 (1) (f) or (g), the Council is to appoint a person qualified to hold that office following consultation with the relevant student body or bodies recognised by the Council,(e) if the vacancy occurs in the office of a member elected under new section 9 (1) (h), the Council is to appoint a person qualified to hold that office following consultation with the alumni association or body for the University.
(6) Subject to this Act, a member appointed under subclause (5) holds office from the time that person is appointed under that subclause until the expiry of the term of that member's predecessor.
(7) Subject to this Act, if, on the expiry--(a) of a member's term of office that is continued under subclause (1) (b) or (c), or(b) in the case of a member appointed under subclause (5), of the term of office of the member's predecessor,the by-laws necessary to enable a person to be duly appointed or elected (as the case may be) to that office under new section 9 are not yet in force, the member may continue to hold that office until such time as a person is so duly appointed or elected.
(8) For the purposes of subclause (1), a member filling a casual vacancy and holding office immediately before the relevant day is taken to hold that office immediately before the relevant day under the provision under which the member's predecessor was elected or appointed.
(9) A person who ceases to hold office under subclause (1) (a)--(a) is not entitled to any remuneration or compensation because of loss of that office, and(b) is eligible (subject to this Act and if otherwise qualified) to be appointed as a member.
(1) Consecutive years of office served by a member of the Council immediately before the relevant day are to be taken into account in applying clause 1 (3) of Schedule 1 in respect of the member.
(2) However, clause 1 (3) of Schedule 1 does not affect the operation of clause 39 (1) (b) or (c) or (7) of this Schedule.
Section 21G, as inserted by the amending Act, applies only in relation to breaches of duty constituted by acts or omissions occurring after the relevant day.
No amendment made by the amending Act affects the continuity of the Council.
In this Part--
"amending Act" means the Universities Legislation Amendment (Regulatory
Reforms) Act 2014 .
The Guidelines approved for the time being under section 21B, as in force immediately before the amendments made to that section by the amending Act, continue to have effect as if they were Guidelines determined by the Council under that section as amended.
An amendment made to this Act by the amending Act does not affect the appointment of a funds manager or the validity of any investment made by or on behalf of the University before the commencement of the amendment.
Section 18 (2)-(3), as inserted by the amending Act, extend to land acquired from the State before the insertion of those subsections.
(1) Terms used in this clause and also in the Universities Governing Bodies Act 2011 have the same meanings in this clause as in that Act.
(2) In this clause--
"amended provision" means a provision of this Act and the by-laws amended as set out in an order made by the Minister under section 4 of the Universities Governing Bodies Act 2011 .
"existing member" of the Council means a member of the Council as constituted immediately before the governing body resolution took effect.Note : The governing body resolution took effect on the day on which the Universities Governing Bodies (University of New England) Order 2016 commenced.
"governing body resolution" means the governing body resolution made by the Council on 27 November 2015.
(3) An existing member of the Council continues in office until the expiration of the term for which the member was appointed or elected (subject to the member's office becoming vacant earlier for a reason other than the expiration of the member's term of office).
An amendment made to this Act by the Statute Law (Miscellaneous Provisions) Act 2017 does not affect the validity of any financial accommodation made by or on behalf of the University, any transaction or arrangement entered into or participated in to manage a financial risk, or any disposal or other dealing with property of the University, before the commencement of the amendment.