Victorian Numbered Acts Victorian Numbered ActsFor sections 15, 16, 17 and 18 of the Melbourne College of Divinity Act 1910 substitute —
(1) The President or, in the absence of the President, the Vice-President must preside at a meeting of the Council at which he or she is present.
(2) If neither the President nor Vice-President are present at a meeting the members present may elect a member to preside at the meeting.
(3) The person presiding at a meeting has a deliberative vote and a second or casting vote.
(4) A majority of the members of the Council currently holding office constitutes a quorum.
(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 at a meeting of the Council or in writing addressed to the President.
(2) If the President receives a written declaration under sub-section (1), the President 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 sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the minutes of the meeting.
(4) After a declaration is made under sub-section (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.
(1) A member of the Council must act in the interests of the College as a whole and is responsible to the Council for furthering the purposes of the Council and the objects of the College rather than any constituent person or body who appointed the member.
(2) A member of the Council must not make improper use of his or her position on the Council including the improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any advantage for himself or herself or any other person.
(3) A member of the Council, in carrying out his or her functions and duties, must—
(a) act in good faith, honestly and for proper purposes consistent with the objects and interests of the College;
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all conflicts of interest unless they are disclosed in accordance with section 16.
(1) If a majority of the members for the time being of the Council sign a document circulated by, or on behalf of, the President containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the Council held on the day on which the document is signed or, 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, under sub-section (1), taken to have been passed at a meeting of the Council, each member must be advised as soon as practicable and given a copy of the terms of the resolution.
(3) For the purposes of sub-section (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more members, shall be taken to constitute one document.
(4) In this section, "member" , in relation to a resolution, does not include a member who, by reason of section 16, is not permitted to vote on the resolution.
The Council, by resolution of the Council or by or under regulation, may delegate all or any of its powers, authorities, duties and functions, other than—
(a) the power to make regulations; and
(b) this power of delegation—
to the Dean of the College, the Registrar of the College, any of the members of a committee or board appointed by the Council, a member of the Council or a person employed by the College.
The College must indemnify and keep indemnified each member of the Council and any member of a committee or board constituted by resolution of the Council or by or under regulation against all actions or claims (whether arising during or after the term of office of that member) in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of any powers or duty conferred or imposed upon the Council, committee or board or upon any member or members of the Council by or under this Act.'.