Victorian Numbered Acts

UNIVERSITY OF MELBOURNE ACT 2009 (NO. 78 OF 2009) - NOTES

No. 78 of 2009

__________________

Victoria

University of Melbourne Act 2009^[†]

No. 78 of 2009

[Assented to 1 December 2009]

Preamble

The University of Melbourne was created by the Parliament of the fledgling Colony of Victoria as one of several demonstrations of pride, confidence and aspiration for its future.

The preamble to the University Act, 16 Victoria, Act No. 34 declared "...it is expedient to promote sound learning in the Colony of Victoria and with that intent to establish incorporate and endow an University at Melbourne open to all classes and denominations of Her Majesty's subjects...". The University came into being on 11 April 1853.

The Act set in motion the appointment of a Council to manage its staff, affairs and property and enabled the matriculation of students to study for admission to degrees in Arts, Medicine, Law and Music, and the affiliation of colleges and licensing of other establishment as student residences.

The University was endowed with an annual grant from the Treasury.

The administration of any religious test in connection with the obtaining of any "advantage or privilege" of the University was expressly debarred. The University's degree granting powers were subsequently extended to encompass all disciplines, except divinity.

On 14 March 1859 Queen Victoria granted Letters Patent that the University's degrees in the fields of Arts, Medicine, Law and Music "shall be recognised as Academic distinctions and rewards of Merit and be entitled to rank precedence and consideration in Our United Kingdom and in Our Colonies and possessions and throughout the world as fully as if the said degrees had been granted by any University of Our said United Kingdom".
Preamble

In 1881 The University of Melbourne was the first university in Australia and one of the first in the world to admit women. The first woman to graduate from the University did so in December 1883.

Subsequently the University and its colleges were enriched by the gifts of many civic-minded Victorians, it forged enduring links with the city's growing cultural and professional institutions. The first anatomy lessons in the southern hemisphere were one of many significant contributions it made to education in the broader region.

In the post Second World War period, it became a much larger institution drawing not only more broadly from across the Victorian population but from across Australia and with a significant proportion of international students.

It mentored the undergraduate school of the Australian National University.

The University granted the first Australian Doctorates of Philosophy in 1948.

Graduates and former students of the University have contributed to inquiry, knowledge, understanding and achievement in many fields and have thereby enriched Victoria, Australia and the world.

The University of Melbourne is a public-spirited institution with a mission that encompasses learning and teaching, research and knowledge transfer, all of which exist for public benefit.

To enable The University of Melbourne to continue and expand its mission, it is expedient to re-enact the law relating to The University of Melbourne in a more modern form.

The Parliament of Victoria therefore enacts:

^[†]     Minister's second reading speech—

    Legislative Assembly: 17 September 2009

    Legislative Council: 15 October 2009

    The long title for the Bill for this Act was "A Bill for an Act to re-enact with amendments the law relating to The University of Melbourne, to repeal the Melbourne University Act 1958 and other Acts, to make consequential amendments to other Acts and for other purposes."

INDEX

Subject	Section
Academic board	11, 20, 31
Act
amendments to other Acts	64–66
commencement	2
purposes	1
repeal of Acts	63
repeal of Divisions 1 and 2 Part 8	78
transitional provisions	67–76
Affiliated colleges	3, 72
Audits	47, 49–51
Borrowings	45
Chancellor	3, 11, 24, 25, Sch. 1
Corporations	48, 50
Council
as governing body of University	8
composition	11
definition	3
delegation	18
establishment	8
indemnities	19
members
appointed members	12
Council appointed members	13
eligibility	14
general provisions	17, Sch. 1
remuneration	16
responsibilities of	15
powers, functions, primary responsibilities	8, 9
powers, responsibilities in regard to
Academic board	20
appointed members	13
audits	47
Chancellor, Deputy Chancellor	24, 25
common seal of University	7
compliance with guidelines	58
degrees, awards	10
delegation of Trust powers	43
faculties, departments, colleges etc	21
investments	46
statutes and regulations	28–31
Vice-Chancellor	26, 27
procedure	17, Sch. 1
transitional provisions	70, 71, 74
Definitions	3, 67, Sch. 1
Deputy Chancellor	25
Fines	61, 62
Subject	Section
Investments	46
Joint ventures	48
Land
acquisition	36
disposal	37, 38
Limited companies	3, 49, 51
Minister
powers regarding
borrowings	45
Council members	11, 12, 16, Sch. 1
land	36, 37
statutes	32
university commercial activities	52, 54–56, 59, 60
Partnerships	48
Property	35
Regulations	77
Revenue	44
Staff	3, 73
Statutes and regulations
availability	31
commencement	32
judicial notice	34
making of regulations	30
manner of making	31
not statutory rules, subordinate instruments	33
power to make, subject matter	28, 29
regarding
Academic board	20
appointments to Council	26, 27
colleges	21
conferral of degrees, awards	10
transitional provisions	76
Transitional provisions	67–76
Trust funds
creation and administration of trust funds, other funds	39
delegation of Council's powers	43
investment common funds	40–42
transitional provisions	75
University commercial activities
declaration	52
definition	3
guidelines
approval	55
compliance	58
consistent with statutes, regulations	57
consultation	54
interim	55
publication, availability	56
submission to Minister	53
referral to Auditor-General	60
reports to Minister	59
Subject	Section
University of Melbourne
custody, use of common seal	7
establishment, continuation of	4
objects of	5
powers, functions	6
transitional provision	69
Vice-Chancellor	3, 11, 26, 27, 31
Visitor	3, 22, 23