Victorian Numbered Acts Victorian Numbered ActsSCHEDULE 1
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MEMBERSHIP AND PROCEDURE OF THE COUNCIL
1 Terms and conditions of office of Council members
(1) Subject to this Act—
(a) an appointed member holds office until 31 December in the second year next following the year his or her appointment takes effect;
Example
B is appointed to the Council and B's appointment takes effect on 1 January 2010. B holds office until 31 December 2012.
(b) a Council appointed member holds office until 31 December in the second year next following the year his or her appointment takes effect;
(c) an elected member elected or appointed by members of staff holds office until 31 December in the second year next following the year his or her election or appointment takes effect;
(d) an elected member elected or appointed by students holds office until 31 December in the year next following the year his or her election or appointment takes effect.
Example
C is elected to the Council and C's election takes effect on 1 March 2010. C holds office until 31 December 2011.
(2) Despite subclauses (1)(a) and (1)(b)—
(a) the Governor in Council may appoint an appointed member until 30 June in the year, or in the year following the year, the member's appointment takes effect to ensure that 2 offices of appointed member fall vacant each year;
(b) the Council may appoint a Council appointed member until 30 June in the year, or in the year following the year, the member's appointment takes effect to ensure that 2 offices of Council appointed member fall vacant each year;
(c) a member of the Council appointed in accordance with paragraph (a) or (b) holds office for the period specified in his or her instrument of appointment.
2 Members eligible for reappointment
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(1) A member of the Council is eligible to be re-appointed or re-elected to the Council at the end of the member's term of office, if the member's period in office does not exceed 12 years of membership, whether consecutive or not.
(2) Subclause (1) does not apply to a member of the Council whose membership exceeds 12 years if the Council passes a resolution that the person may continue to be a member beyond that period.
3 Council's power of removal
(1) The Council may remove a member from office in accordance with this clause.
(2) The Council may only remove a member from office if it is of the opinion that the member has failed to comply with the responsibilities of a member of the Council.
(3) The Council must not remove a member from office unless—
(a) another member gives notice at an ordinary meeting of the Council of an intention to move a motion for the member to be removed from the Council and sets out in the notice the grounds for removal; and
(b) the member gives that notice no later than at the last ordinary meeting of the Council before the meeting at which the motion to remove the member will be put to the Council; and
(c) if the member to be removed is
not present at the meeting at which that notice is given, the Council gives
the member written notice of the intention and sets out in the notice the
grounds for removal; and
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(d) the Council gives the member to be removed an opportunity, at or before the meeting where the motion for removal is to be considered, to make submissions in writing or personally before the Council of the reasons why the member should not be removed from the Council; and
(e) by a majority of two-thirds of the members present at the meeting, the Council passes a resolution removing the member from office on the grounds stated in the notice given under this clause.
4 Vacancies in membership of Council
(1) A member's office becomes vacant—
(a) on the expiry of his or her term of office; or
(b) if he or she resigns from office; or
(c) if he or she is removed from office; or
(d) if he or she is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or
(e) if he or she becomes an insolvent under administration; or
(f) if he or she is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act; or
(g) if he or she ceases to be eligible for the category of member for which the member was elected or appointed; or
(h) if he or she is elected as a member of the Parliament of Victoria or of the Commonwealth or of any other State or Territory; or
(i) if he or
she has failed to attend 3 consecutive ordinary meetings of the Council,
without the Council's prior approval.
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(2) If a member of the Council becomes entitled to be a member ex officio—
(a) that member is deemed to hold office ex officio; and
(b) the vacated office of that member must be filled in the manner set out for the filling of casual vacancies.
5 Filling of vacancies on retirement
The appointment or election of a person as a member of the Council to fill a vacancy caused by the retirement of a member at the end of a term of office—
(a) except in the case of Council appointed members, may be made within 6 months before the date of the end of the term of office of the retiring member and takes effect at the end of that term of office; and
(b) in the case of Council appointed members, must be made on or before the last scheduled meeting of the Council before the end of the term of office of the retiring member.
6 Conduct of elections
Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes.
7 Casual vacancies
(1) If—
(a) at any election for elected members of the Council—
(i) no vacancies are filled; or
(ii) a number
of vacancies less than the whole number which should have been filled is
filled; or
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(b) any election should have been held but is not held—
the vacancies which should have been filled and are not filled are taken to be casual vacancies.
(2) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.
8 Filling of casual vacancies generally
(1) A casual vacancy in the office of an elected member, an appointed member or a Council appointed member must be filled by the election or appointment of a member to fill the vacancy.
(2) A person who is to be elected or appointed as a member of the Council must have the like qualification (if any) as that of the member whose office has become vacant.
(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.
(4) Subject to this Act, a member elected or appointed to fill a casual vacancy is entitled to hold office during the remainder of the term of the member whose office the new member fills.
(5) Despite subclause (4), if a casual vacancy occurs within 3 months before the expiry of the term of office of an elected member, an appointed member or a Council appointed member, it is not obligatory to fill the vacancy for the remainder of that term.
9 Interim Ministerial appointments
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(1) Despite section 12 and clause 8, after consultation with the Chancellor, the Minister may make an interim appointment of a person to a vacancy in the office of an appointed member.
(2) An interim appointment under subclause (1)—
(a) is made by order published in the Government Gazette; and
(b) is for the period specified in the order, being a period not exceeding 6 months; and
(c) may be made despite the requirements of section 12.
10 Chairperson
At every meeting of the Council—
(a) the Chancellor or, in his or her absence, a deputy chancellor elected by the meeting, is to preside as chairperson; and
(b) in the absence of the Chancellor and a deputy chancellor, the members of the Council present must elect a chairperson.
11 Declaration of interests of Council members
(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—
(a) at a meeting of the Council; or
(b) in writing addressed to the Chancellor.
(2) If the Chancellor receives a written
declaration under subclause (1), the Chancellor must report it or cause it to
be reported, at the next meeting of the Council.
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(3) The person presiding at a meeting at which a declaration is made under subclause (1) or reported under subclause (2) must cause a record of the declaration to be made in the minutes of the meeting.
(4) After a declaration is made under subclause (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 .
12 How questions are to be decided and quorum
(1) No question must be decided at any meeting of the Council unless there is a quorum of at least 8 members present.
(2) Subject to any university statute made under subclause (3), all questions which come before any meeting of the Council must be decided by the majority of the members present.
(3) Subject to there being a quorum as required by subclause (1), the Council, by university statute, may provide that certain resolutions, or resolutions of certain classes, have effect only if passed by a specified majority of members or of members present and voting.
(4) The Chairperson at any meeting has—
(a) a vote; and
(b) in case of an equality of votes, a casting vote.
(5) Subject to this Act, the university statutes and the university regulations, the Council may regulate its own proceedings.
13 Resolutions without meetings of
the Council
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(1) If a majority of the members for the time being of the Council sign a document circulated by, or on behalf of, the Chancellor containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms must be taken to have been passed at a meeting of the Council—
(a) held on the day on which the document is signed; or
(b) 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 taken to have been passed at a meeting of the Council under subclause (1), each member must—
(a) be advised as soon as practicable; and
(b) be given a copy of the terms of the resolution.
(3) For the purposes of subclause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is to be taken to constitute one document.
(4) In this clause, "member", in relation to a resolution, does not include a member who, by reason of clause 11, is not permitted to vote on the resolution.
14 Approved methods of communication
for Council meetings
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(1) If not less than two-thirds of the members of the Council so agree, a meeting of the Council may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the Chancellor for the purposes of that meeting.
(2) For the purposes of this Schedule, a member of the Council who participates in a meeting held in accordance with subclause (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.
(3) In this clause, "meeting" includes a part of a meeting.
15 Committees and delegation of powers
(1) The Council, by resolution, may constitute and appoint any committees as it thinks fit.
(2) At least one-third of the members of any committee must be members of the Council.
(3) The Council, by resolution, may delegate to any committee or to any member of a committee all or any of its powers, authorities, duties and functions other than—
(a) this power of delegation; and
(b) the power to make university statutes and, except in accordance with section 30, university regulations.
(4) A delegation under this clause is revocable by resolution of the Council.
Note
See also sections 42 and 42A of the Interpretation of Legislation Act 1984 .
16 Validation of acts or decisions
despite vacancy or disqualification
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(1) An act or decision of the Council or a committee of the Council is not invalid merely because of—
(a) a defect or irregularity in, or in connection with, the appointment or election of a member of the Council; or
(b) a vacancy in the membership of the Council, including a vacancy arising from the failure to appoint a member of the Council.
(2) Anything done by or in relation to a person purporting to act as Chairperson, a member of the Council or on a committee is not invalid merely because—
(a) the occasion for the appointment or election had not arisen; or
(b) there was a defect or irregularity in, or in connection with, the appointment or election; or
(c) the appointment or election had
ceased to have effect.
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