Governance, Academic and Student Affairs Statute 2013
PART 1 – PRELIMINARY
2. Authorising Provision
PART 2 – UNIVERSITY COUNCIL
5. Calling of Meetings
6. Meeting Procedure
7. Council Composition
PART 3 – ACADEMIC BOARD
Division 1 – Establishment, Powers and Functions
8. Establishment of the Academic Board
9. Functions and powers of the Academic Board
Division 2 – Membership of the Academic Board
10. Membership of the Academic Board
Division 3 – Meetings and Decisions of the Academic Board
Division 4 – Review by the Council
13. Consideration by the Council
PART 4 – ELECTIONS
Division 1 – Conduct of University Elections
14. Application of this Statute
15. Elections to be conducted in accordance with the regulations
Division 2 – Eligibility to Vote
16. Eligibility to vote
17. Voters’ Rolls
Division 3 – Returning Officer
18. Functions and powers of the returning officer
PART 5 – CHANCELLOR, DEPUTY CHANCELLOR, VICE-CHANCELLOR AND DEPUTY VICE-CHANCELLOR
20. Deputy Chancellor
22. Functions and powers of Vice-Chancellor
23. Acting Vice-Chancellor
24. Deputy Vice-Chancellor
PART 6 – DEGREES, DIPLOMAS, CERTIFICATES AND OTHER AWARDS
Division 1 - Awards offered by the University
25. Award on completion of requirements
26. Degrees, diplomas, certificates and other awards offered by the University
27. Register of awards
Division 2 - Conferral or Granting of Awards
28. Conferring of awards
29. Roll of graduates
Division 3 - Revocation of awards
30. Power to revoke degree or other award
31. Investigation procedure
PART 7 - TITLES AND HONORARY AWARDS
Division 1 - Titles
32. University may confer titles on people associated with it
Division 2 - Honorary Degrees
33. University may award honorary degrees
PART 8 - ADMISSION, CONDUCT AND EXCLUSION
Division 1 - Admission
34. Admission as a student
Division 2 - Student Misconduct
35. Student misconduct
36. Student academic misconduct
37. Student general misconduct
Division 3 - Academic Progress
38. Academic progress review
Division 4 - Suspension, Exclusion and Penalties
39. Sanctions for student misconduct
40. Suspension and exclusion
41. Suspension or exclusion on health or safety grounds
42. Withholding of results
PART 9 - INTELLECTUAL PROPERTY
43. Ownership of intellectual property
44. Transfer, licensing and sharing of benefits
45. Securing and protecting intellectual property
46. Confidential information
PART 10 - UNIVERSITY PREMISES, FACILITIES AND ACTIVITIES
47. Restricted access and use
48. Fees, charges, conditions and requirements
49. Fixing of fees and charges
Note – Section 6 of the Act provides that the University may do all acts and things that a body corporate may do, including fixing fees and charges.
50. Unpaid fees and charges
51. Restrictions imposed on person’s presence on University premises
PART 11 - MISCELLANEOUS
Division 1 - Regulations
52. Power to make regulations
53. University Council’s power to make regulations
54. Vice-Chancellor’s power to make regulations
55. Making, amendment and promulgation of regulations
Division 2 - Policies
57. Register of policies
58. Power to make and revoke policies
Division 3 - Delegation
59. Register of delegations
60. Delegation to the Academic Board
Division 4 - Common Seal
61. Use of the common seal
62. Purposes for which the common seal may be used
63. Authorisation by the Chancellor or Vice-Chancellor
64. Affixing and authentication
65. Register of sealed documents
66. Form and execution of deeds
Division 5 - Evidentiary Provisions
PART 12 - REPEALS AND TRANSITIONAL PROVISIONS
69. Repeal of statutes
70. Revocation of regulations
71. Transitional provisions
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The objectives of this Statute are to -
This Statute is made under section 28 of the Victoria University Act 2010.
This Statute comes into operation on 1 July 2013.
In this Statute-
Council meetings must be called in accordance with policy established by the Council.
Subject to University legislation, the Council may determine its meeting procedure.
The Council may from time to time consider its size and composition and whether a resolution should be considered under section 63(2) of the Act.
For the purposes of section 20 of the Act, the Academic Board is equivalent to an academic board.
(1) The Academic Board is the principal academic and education advisory body in the University.
(2) The functions of the Academic Board are -
(3) The Academic Board has power to carry out its functions, including -
(1) The Academic Board comprises -
(2) The term of office of the Chair and Deputy Chair of Academic Board is the term prescribed by the regulations.
(3) The term of office of a member of the Academic Board other than the Chair or Deputy Chair of the Academic Board is the term prescribed by the regulations.
(1) Notice of meetings of the Academic Board and its committees must be given in accordance with the regulations.
(2) Meetings of the Academic Board and its committees -
(3) Minutes of meetings must be published in accordance with the regulations.
The Academic Board must report to the Council -
The following documents must be placed before the Council for its consideration-
This Statute applies to -
(1) Subject to University legislation, elections must be conducted by the returning officer.
(2) In this section, the returning officer means the person appointed by the Vice-Chancellor to be returning officer.
(1) A person is eligible to vote at an election of the Academic Board or other body of the University if, at the time of voting, the person’s name is recorded on the appropriate voters’ roll.
(2) In this section, voters’ roll means a voters’ roll, established and maintained by the returning officer in accordance with the regulations.
The voters’ roll must -
(1) The functions of the returning officer are-
(2) The returning officer has power to carry out the functions and to discharge the duties conferred or imposed on the returning officer by University legislation.
(1) The Council must, at or before the time it appoints a Chancellor, fix the term of office.
(2) The Chancellor holds office for the term, not exceeding five years, fixed by the Council, and may be reappointed.
(3) The Council may, by regulation, determine how the appointment of a person as Chancellor shall be conducted.
(4) A person appointed to the office of Chancellor -
(1) The Council must appoint at least one Deputy Chancellor and, at or before the time it appoints a Deputy Chancellor, fix the term of office.
(2) The Deputy Chancellor holds office for the term, not exceeding five years, fixed by the Council, and may be reappointed.
(3) Where there is more than one Deputy Chancellor, the regulations must specify the number of Deputy Chancellors.
(4) The Council may, by regulation, determine how the appointment of a person as Deputy Chancellor is to be conducted.
(5) A person appointed to the office of Deputy Chancellor -
(1) The employment of the Vice-Chancellor -
(2) The Vice-Chancellor may be reappointed for one or more further terms.
(1) The Vice-Chancellor is responsible to the Council for the management of the University, including-
(2) In carrying out the responsibilities referred to in sub-section (1), the Vice-Chancellor may implement such administrative arrangements as he or she thinks appropriate to establish and maintain an efficient management structure for the University.
(3) The Vice-Chancellor has the functions, powers and duties conferred or imposed upon him or her by University legislation or by Council.
(4) Subject to University legislation and any resolution of the Council, the Vice-Chancellor may-
(5) The Vice-Chancellor must report to the Council at its next meeting if he or she -
(1) In this section, temporary absence means an absence for a period of not more than three months.
(2) If there is to be a temporary absence of the Vice-Chancellor, the Chancellor, after consultation with the Vice-Chancellor and prior to the temporary absence, may appoint a person to be Acting Vice-Chancellor during the temporary absence.
(3) The Acting Vice-Chancellor holds office for the period of the temporary absence, and may be reappointed.
(4) Where the Vice-Chancellor is to be absent for a period of more than three months, the Council shall appoint an Acting Vice-Chancellor for a term fixed by the Council, and may be reappointed.
(5) The Acting Vice-Chancellor has the powers, duties and functions of the Vice-Chancellor.
(1) A deputy vice-chancellor may be appointed by the Council under section 27(2) of the Act on the recommendation of the Vice-Chancellor and may be reappointed.
(2) The term of office of a deputy vice-chancellor is the period specified by the Vice-Chancellor in the recommendation made under subsection (1).
(3) A deputy vice-chancellor holds office for the term or terms, on the conditions and with the title or designation determined by the Vice-Chancellor, unless he or she sooner resigns, retires or otherwise ceases to hold office.
(4) The Vice-Chancellor may change the title or designation of a deputy vice-chancellor.
(5) A deputy Vice-Chancellor has the powers, duties and functions conferred on a deputy Vice-Chancellor by the Vice-Chancellor or by University legislation.
(1) A student who completes the requirements for a degree, diploma, certificate, or other award is entitled to an award.
(2) A person’s entitlement to an award is subject to-
The Council or Vice-Chancellor may determine the degrees, diplomas, certificates, and other awards that are offered by the University after considering advice from the Academic Board.
(1) The University must maintain a register of degrees, diplomas, certificates and other awards offered by it.
(2) The register may be kept electronically.
(1) The Council may confer degrees and grant diplomas, certificates, and other awards.
(2) The University may issue a testamur for a degree, diploma, certificate, or other award conferred by the Council.
(3) The regulations may make provision about the form and content of a testamur.
(1) The University must maintain a roll of persons who have a testamur issued to them or have completed the requirements to have a testamur issued to them.
(2) The roll may be kept electronically.
(1) The Council may revoke a degree, diploma, certificate, or other award if, having complied with the procedure referred to in section 31, it is satisfied that it was obtained-
(2) If a degree, diploma, certificate or other award has been revoked, the roll of graduates must be amended to record that fact.
(3) In this section, material misrepresentation includes a representation relating to a person who subsequently receives a degree, diploma, certificate, or other award where-
The Council must not revoke an award unless an investigation has been conducted in accordance with the regulations.
The University may in accordance with the regulations confer a title on a person who is associated with the University in a substantial way, including a person who is not employed or appointed to an established or recurrent position.
The Council may in accordance with the regulations confer an honorary degree on a person who-
(1) The University must conduct admission of students in accordance with University legislation and the policies of the University.
(2) Subject to any agreement or arrangement with a government agency or other body empowered to administer university admissions, the University may decide, in its discretion, whether to accept an application for admission as a student.
(3) Upon enrolment, a student is bound by the University’s statutes, regulations and policies.
A person commits student misconduct if the person commits student academic misconduct or student general misconduct.
A person commits student academic misconduct if he or she while a student engages in conduct that is prescribed to be student academic misconduct.
A person commits student general misconduct if he or she while a student engages in conduct that is prescribed to be student general misconduct.
(1) The University may, in accordance with the regulations, review whether a student has maintained satisfactory academic progress.
(2) The University may, in accordance with the regulations, exclude a student who has failed to maintain satisfactory academic progress.
A person who is found to have committed student misconduct is liable to the sanction determined under the regulations.
(1) Unless the regulations provide otherwise, subject to subsection (2)-
(2) The University may, to enable consideration of an application for review or appeal, stay a sanction.
(3) If a sanction is stayed under subsection (2), the sanction takes effect on completion of the review or appeal unless otherwise determined by the person or body determining the review or appeal.
(4) The regulations may-
(5) Unless the regulations provide otherwise, a person who has been expelled or is suspended-
The University may refuse to enrol a person as a student, or may suspend or exclude a student, if it appears that the student-
If a person has outstanding fees, fines or penalties under University legislation, the University may, in accordance with the regulations and until such time as the outstanding fees, fines or penalties are paid-
(1) Except where otherwise determined in accordance with section 44, the University owns intellectual property which is created by-
(2) Without limiting the meaning of sub-section (1)(a)-
(3) Without limiting the meaning of sub-section (1)(c), the University owns copyright in commissioned material and course materials generated by an academic visitor in the circumstances described in that sub-section.
The University may-
(1) In this section University intellectual property means intellectual property referred to in section 43.
(2) A creator of University intellectual property-
(1) Unless authorised by the University, a staff member, student or academic visitor must keep confidential information secret and protect it from unauthorised access.
(2) The regulations may specify requirements relating to the disclosure of confidential information.
(1) A person must not, without the permission of the University-
(2) A person who enters University premises, uses University premises or facilities or participates in a University activity must comply with-
(1) The University may impose or charge fees, charges, conditions or requirements on persons, whether University staff, employees, students, visitors or other persons, who are-
(2) The fees, charges, conditions or requirements which may be set under sub-section (1) include-
(1) Without limiting section 48, University policies may fix fees and charges which are payable to the University.
(2) Fees and charges fixed under University policies must not be inconsistent with fees and charges fixed by the regulations.
(1) If a person fails to pay a fee or charge within 60 days after it becomes payable to the University-
(2) If a person pays a fee or charge referred to in sub-section (1)(a), the payment operates to discharge the fine.
(3) Sub-section (2) does not affect any liability to pay costs which are payable by the person in relation to the recovery of the fine.
(1) A person must-
(2) If a person fails to comply with subsection (1)(b), the University or a person authorised by the University may take reasonable steps to bring about the person’s removal from University premises or take reasonable steps to ensure that the person cannot continue to use University facilities and services or engage in University activities.
Regulations may be made-
(1) The Council may make regulations for or with respect to the governance of the University and the management of its affairs.
(2) Without limiting subsection (1)-
(3) Without limiting subsection (1) or subsection (2), the Council may make regulations which it considers will promote-
(1) The Vice-Chancellor may make regulations for or with respect to any subject-matter in relation to which, in accordance with section 53, the Council may make regulations.
(2) For the purposes of subsection (1), a reference in 53(3) to the Council is to be read as a reference to the Vice-Chancellor.
(3) Any regulation made under sub-section (1) will be placed before Council at the first meeting held immediately after the date the regulation is made.
(1) Regulations are made-
(2) Regulations may be amended or revoked by-
(3) The University must promulgate Regulations in the manner which it considers appropriate, taking into consideration the need to bring the Regulations, and the fact that they have been made, to the attention of staff, employees, students and persons who use the University facilities and services or who are in University premises.
The objective of establishing policies is to facilitate the effective, efficient and equitable administration of the University, consistently with the Act, statute and regulations.
The University must maintain a register of policies.
(1) Policies may be made by-
(2) The Council may revoke any policies.
(3) The Vice-Chancellor may revoke policies made by the Vice-Chancellor.
(1) The University must keep a register of delegations.
(2) The register of delegations must set out-
(3) The register must be kept in a form (which may be electronic) determined by the University.
The Council may, subject to section 18 of the Act, delegate its powers or functions under the Act to the Academic Board.
(1) The common seal must not be used except as authorised by this Statute or the regulations.
(2) The common seal may be affixed-
(1) The Vice-Chancellor may authorise the common seal to be affixed to-
(2) If the common seal is affixed by the authority of the Vice-Chancellor, the Vice-Chancellor must, as soon as practicable, report to the Council on the fixing of the common seal.
(1) The Chancellor or Vice-Chancellor may direct that the common seal be affixed to a document if, in the opinion of the Chancellor or Vice-Chancellor, the matter is-
(2) If the common seal is affixed in accordance with a direction under this section the Chancellor or Vice-Chancellor must, as soon as practicable, report to the Council on the fixing of the common seal and the reason for it.
(1) The regulations may prescribe a sealing clause to be used when the common seal is affixed to a document.
(2) Subject to the regulations, a document to which the common seal is to be affixed may be in any form.
(3) The affixing of the common seal must be authenticated by not fewer than two of the following persons-
and in accordance with the regulations.
(1) The University must keep a register of documents to which the common seal has been affixed (which may be electronic), in which is recorded, in respect of each document-
(2) The register must be kept available for perusal by members of the University by appointment.
(1) A document that is expressed to be executed as a deed, when signed by two or more of the persons specified in section 64(3), is to be taken to have the seal affixed.
(2) Subject to the regulations, a deed may be in any form.
(1) A certificate in writing purporting to be issued by the University is evidence of its contents if it states-
(2) A certificate in writing, purporting to be issued by the University, certifying that specified information was, on a specified date, contained in the roll of graduates-
(3) The roll of graduates-
In this Part–
All statutes in force as of the transition date are repealed.
All regulations in force as of the transition date are revoked.
(1) Until a policy is established in relation to the calling of Council meetings for the purposes of section 5, the calling of Council meetings is at the discretion of the Chancellor.
(2) The University may, but is not required to, include in the roll of graduates persons who, before the transition date-
(3) Student discipline proceedings which commenced before the transition date must be dealt with as though this Statute and any regulations under it had not been made.