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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Universities)
Bill 2016
A BILL FOR
An Act to amend the
Flinders
University of South Australia Act 1966
and the
University
of Adelaide Act 1971
.
Contents
Part 2—Amendment of Flinders
University of South Australia Act 1966
3Amendment of section 1—Short
title
4Amendment of section
2—Interpretation
5Amendment of section 3—Establishment and
incorporation
3AReferences to
Flinders University of South Australia in Acts etc
7Amendment of section
5—Council
8Amendment of section 6—Term of
office
9Amendment of section 18—Conduct of
business in Council
13Insertion of sections 30 to 33
30Creation and
administration of trust funds and other funds
31Establishment of
investment common funds
32Distribution of
income of investment common funds
Part 3—Amendment
of University of Adelaide Act 1971
16Amendment of section
12—Constitution of Council
17Amendment of section 12A—Term of
office
20Insertion of sections 30 to 33
30Creation and
administration of trust funds and other funds
31Establishment of
investment common funds
32Distribution of
income of investment common funds
Schedule 1—Transitional
provisions
1Certain members of Council of Flinders
University to continue to hold office for remainder of term
2Members of Council of University of Adelaide to
continue to hold office for remainder of term
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Universities)
Act 2016.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Flinders University of South Australia
Act 1966
3—Amendment
of section 1—Short title
Section 1—delete "of South Australia"
4—Amendment
of section 2—Interpretation
Section 2, definition of University—delete "The
Flinders University of South Australia" and substitute:
Flinders University
5—Amendment
of section 3—Establishment and incorporation
Section 3(1)—delete "The Flinders University of South
Australia" and substitute:
Flinders University
After section 3 insert:
3A—References to Flinders University of South
Australia in Acts etc
(1) A reference in any other Act, regulation, by-law, instrument or
document to The Flinders University of South Australia will, on the
commencement of this clause, be taken to be a reference to Flinders
University.
(2) Nothing in this clause limits the operation of section 4A or
4B.
7—Amendment
of section 5—Council
(1) Section 5(3)(d)—delete "10" and substitute:
8
(2) Section 5(3)(f)—delete "2 members" and substitute:
1 member
(3) Section 5(3)(g)—delete "2 members" and substitute:
1 member
(4) Section 5(3)(h)—delete "3" and substitute:
2
8—Amendment
of section 6—Term of office
Section 6(4)—delete "1 year" and substitute:
2 years
9—Amendment
of section 18—Conduct of business in Council
Section 18(3)—delete "11 members of the Council" and
substitute:
one half of the total number of members of the Council (ignoring any
fraction resulting from the division) plus 1,
10—Substitution
of section 19A
Section 19A—delete the section and substitute:
19A—Delegation
(1) The Council may delegate any of its powers or functions under this Act
to—
(a) a member of the Council; or
(b) an employee of the University; or
(c) the holder of a particular office or position in the University;
or
(d) any committee of the Council or the University.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the Council to act in any matter;
and
(d) is revocable at will by the Council.
(3) A power or function delegated under this section to the
Vice-Chancellor, or to a committee of the Council or the University, may, if the
instrument of delegation so provides, be further delegated.
Section 27—delete the section and substitute:
27—Annual report
(1) The Council must, not later than 30 June in each year, present to the
Minister a report on the operation of the University during the year ending on
the preceding 31 December.
(2) The report must include a copy of the audited accounts of the
University, and of every statute and regulation of the University allowed by the
Governor during the year ending on the preceding 31 December.
(3) The Minister must, within 12 sitting days of receiving a report under
this section, cause a copy of the report to be laid before each House of
Parliament.
Section 29—delete the section and substitute:
29—Indemnities
The University must indemnify and keep indemnified—
(a) each member of the Council; and
(b) any member of a committee constituted or appointed by resolution of
the Council or by or under a statute or regulation; and
(c) any member of the Academic Senate,
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 power or duty
conferred or imposed—
(d) on the Council, any committee or the Academic Senate; or
(e) on any member or members of the Council, committee or the Academic
Senate,
by or under this Act.
13—Insertion
of sections 30 to 33
After section 29 insert:
30—Creation and administration of trust funds and
other funds
Subject to this Act, the University may create and
administer—
(a) trust funds; or
(b) funds for any other purpose.
31—Establishment of investment common
funds
(1) The University may establish 1 or more investment common funds for the
collective investment of any trust funds and other funds held by or in the
custody of the University.
(2) Without liability
for breach of trust, the University may bring into or withdraw from any
investment common fund the whole or any part of any trust fund or other fund
held by or in the custody of the University.
(3)
Subsection (2)
applies despite any direction to the contrary, whether express or implied,
contained in the trust instrument.
32—Distribution of income of investment common
funds
(1) Subject to
subsection (2)
, the University must, in accordance with the instrument that established
the investment common fund, periodically distribute income from each investment
common fund among the funds participating in the pool.
(2) From time to time,
the University, if it considers it expedient to do so, may—
(a) add some portion of the income of each investment common fund to the
capital of the common fund; or
(b) establish a fund or funds as a provision against capital depreciation
or reduction in income.
33—Commissions etc
(1) The University may
periodically deduct an amount (not exceeding an amount determined by the Council
of the total funds under management as part of the common fund) as commission
for the administration of a common fund.
(2) Despite section 19A, the Council must not delegate the power to make a
determination under
subsection (1)
.
(3) The commission
deducted under
subsection (1)
is to be received and accepted by the University or fund manager (as the
case requires) as full payment for the costs of administration of the common
fund.
(4) The University must not make any other charges on the trust fund in
addition to the commission received under
subsection (3)
except in accordance with the trust instrument.
Long title—delete "The Flinders University of South Australia" and
substitute:
Flinders University
Part 3—Amendment
of University of Adelaide
Act 1971
Section 10—delete the section and substitute:
10—Delegation
(1) The Council may delegate any of its powers or functions under this Act
to—
(a) a member of the Council; or
(b) an employee of the University; or
(c) the holder of a particular office or position in the University;
or
(d) any committee of the Council or the University.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the Council to act in any matter;
and
(d) is revocable at will by the Council.
(3) A power or function delegated under this section to the
Vice-Chancellor, or to a committee of the Council or the University, may, if the
instrument of delegation so provides, be further delegated.
16—Amendment
of section 12—Constitution of Council
Section 12(1)—delete subsection (1) and substitute:
(1) Subject to this
section, the Council consists of not less than 12 and not more than
16 members, of whom—
(a) 1 will be the Chancellor ex officio; and
(b) 1 will be the Vice-Chancellor ex officio; and
(c) 1 will be the presiding member of the Academic Board ex officio
(or, if the Vice-Chancellor is the presiding member of the Academic Board, a
member of the Academic Board elected by the Academic Board (not being a member
appointed or elected to the Academic Board as a student of the University));
and
(d) up to 7 will be persons appointed by the Council on the recommendation
of a selection committee; and
(e) 1 will be a member of the academic staff, elected by the academic
staff; and
(f) 1 will be a member of the general staff, elected by the general staff;
and
(g) 1 will be a postgraduate student, appointed or elected in a manner
determined by the Council; and
(h) 1 will be an undergraduate student, appointed or elected in a manner
determined by the Council; and
(i) 1 will be a
graduate (not being a current staff member nor student of the University),
elected by graduates in a manner determined by the Council after consultation
with the presiding member of the Graduate Association; and
(j) 1 may, if the Council so determines, be a person co-opted and
appointed by the Council.
17—Amendment
of section 12A—Term of office
Section 12A(3)—delete "1 year" and substitute:
2 years
Section 25—delete the section and substitute:
25—Annual report
(1) The Council must, not later than 30 June in each year, present to the
Minister a report on the operation of the University during the year ending on
the preceding 31 December.
(2) The report must include a copy of the audited accounts of the
University, and of every statute of the University confirmed by the Governor,
and every rule made by the Council, during the year ending on the preceding
31 December.
(3) The Minister must, within 12 sitting days of receiving a report under
this section, cause a copy of the report to be laid before each House of
Parliament.
Section 29—delete the section and substitute:
29—Indemnities
The University must indemnify and keep indemnified—
(a) each member of the Council; and
(b) any member of a committee constituted or appointed by resolution of
the Council or by or under a statute or rule; and
(c) any member of the Academic Board,
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 power or duty
conferred or imposed—
(d) on the Council, any committee or the Academic Board; or
(e) on any member or members of the Council, committee or the Academic
Board,
by or under this Act.
20—Insertion
of sections 30 to 33
After section 29 insert:
30—Creation and administration of trust funds and
other funds
Subject to this Act, the University may create and
administer—
(a) trust funds; or
(b) funds for any other purpose.
31—Establishment of investment common
funds
(1) The University may establish 1 or more investment common funds for the
collective investment of any trust funds and other funds held by or in the
custody of the University.
(2) Without
liability for breach of trust, the University may bring into or withdraw from
any investment common fund the whole or any part of any trust fund or other fund
held by or in the custody of the University.
(3)
Subsection (2)
applies despite any direction to the contrary, whether express or implied,
contained in the trust instrument.
32—Distribution of income of investment common
funds
(1) Subject to
subsection (2)
, the University must, in accordance with the instrument that established
the investment common fund, periodically distribute income from each investment
common fund among the funds participating in the pool.
(2) From time to
time, the University, if it considers it expedient to do so,
may—
(a) add some portion of the income of each investment common fund to the
capital of the common fund; or
(b) establish a fund or funds as a provision against capital depreciation
or reduction in income.
33—Commissions etc
(1) The University
may periodically deduct an amount (not exceeding an amount determined by the
Council of the total funds under management as part of the common fund ) as
commission for the administration of a common fund.
(2) Despite section 10, the Council must not delegate the power to make a
determination under
subsection (1)
.
(3) The commission
deducted under
subsection (1)
is to be received and accepted by the University or fund manager (as the
case requires) as full payment for the costs of administration of the common
fund.
(4) The University must not make any other charges on the trust fund in
addition to the commission received under
subsection (3)
except in accordance with the trust instrument.
Schedule 1—Transitional
provisions
1—Certain
members of Council of Flinders University to continue to hold office for
remainder of term
(1) A member of the Council who, immediately before the commencement of
section 7
of this Act, held office under section 5(3)(d), (f), (g) or (h) of the
Flinders
University of South Australia Act 1966
, will continue to hold office until—
(a) they are removed from office under that Act; or
(b) the completion of their term of office,
whichever occurs first.
(2) To avoid doubt, nothing in this clause affects the operation of
section 6(5) of the
Flinders
University Act 1966
.
2—Members
of Council of University of Adelaide to continue to hold office for remainder of
term
(1) A member of the Council who, immediately before the commencement of
section 16
of this Act, held office under section 12 of the
University
of Adelaide Act 1971
will continue to hold office until—
(a) they are removed from office under that Act; or
(b) the completion of their term of office,
whichever occurs first.
(2) To avoid doubt, nothing in this clause affects the operation of
section 12A(5) of the
University
of Adelaide Act 1971
.