Governance and Administration Statute

The Council makes the following Statute:
Dated:  15 March 2016

Part 1. Preliminary

1. Objectives

The objectives of this Statute are to—

  1. provide for the organisation, management and good governance of the University;
  2. make provision in respect of the Academic Senate; and
  3. provide for the making of regulations.

2. Authorising provision

This Statute is made under section 28 of the Swinburne University of Technology Act 2010.

3. Definitions

In this Statute—

Academic Senate means the Academic Senate established by the Council under section 20 of the Act;

Note: 
Section 20 of the Act provides for the Council to establish an academic board or its equivalent. On 9 August 2010 the Council, under section 20, established the Academic Senate.

Act means the Swinburne University of Technology Act 2010;
Common seal means the University common seal referred to in section 7 of the Act;
information technology resources means services provided electronically, computer hardware, systems, networks, software and data;
intellectual property means rights in relation to copyright, designs, inventions, plant varieties, trade marks (including service marks), confidential information, trade secrets, know-how, circuit layouts and patent rights, whether or not registered;
prescribed means prescribed by regulations;
regulations means regulations of the University made under Part 5 of the Act;
register of delegations means the register established under section 26;
register of policies and procedures means the register established under section 24;
Registrar means the person or persons appointed as Registrar by the Vice-Chancellor;
returning officer has the meaning given to it in section 12;
section means, except when used in reference to the Act, a section of this Statute;
statute means a statute of the University made under Part 5 of the Act;
University activities includes—

  1. attendance at or participation in University lectures, seminars, assessments and classes;
  2. participating in internships, placements, study tours or student exchanges associated with or organised by the University;
  3. participating in excursions, trips, functions, events, games or competitions associated with or organised by the University;

University facilities and services includes any building, equipment, vehicle, service or amenity provided by the University including University library resources and information technology resources;
University legislation means the Act, statutes and regulations;
University premises means premises—

  1. owned by the University;
  2. occupied by the University; or
  3. under the control of the University;

University Secretary means the person for the time being holding the office of University Secretary established by section 22.


Part 2. The Council

4. Repealed

5. Repealed

6. Repealed

7. Calling of meetings and proceedings

  1. Council meetings must be called in accordance with policy established by the Council.
  2. Except as provided by University legislation, Council meetings must be conducted as determined by the Council.

Part 3. Academic Senate

8. Functions of the Academic Senate

The functions of the Academic Senate are as set out in the Academic and Student Affairs Statute 2012 and the regulations made under it.

9. Status of Academic Senate

For the purposes of section 20 of the Act, the Academic Senate is an equivalent to an academic board.

10. Membership of Academic Senate

  1. The Academic Senate comprises—
    1. one member, who shall be the chair of the Academic Senate, appointed by the Council on the recommendation of the Vice-Chancellor; 
    2. one member, who shall be the deputy chair of the Academic Senate, appointed from the membership of the Academic Senate by the Vice-Chancellor in consultation with the chair of the Academic Senate; 
    3. a prescribed number of other members, who, in accordance with the regulations, shall be appointed, ex officio or elected.
  2. The term of office of the chair and deputy chair of Academic Senate is the term prescribed by the regulations. 
  3. The term of office of a member of the Academic Senate other than the chair or deputy chair of the Academic Senate is the term prescribed by the regulations.

Part 4. Elections

Division 1. Conduct of University elections

11. Application of this Statute

This Statute applies to elections for membership of University bodies which are required under University legislation or otherwise prescribed for the purposes of this section.

12. Elections to be conducted in accordance with the regulations

  1. Subject to University legislation, elections must be conducted by the returning officer. 
  2. In this section, returning officer means the University Secretary or a person nominated by the University Secretary.

Division 2. Eligibility to vote

13. Eligibility to vote

  1. A person is eligible to vote at a University election 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.

14. Voters Rolls

The voters roll must—

  1. contain information necessary to enable an eligible voter to cast his or her vote; and
  2. be prepared in accordance with the Regulations.

Division 3. Returning officer

15. Functions and powers of the returning officer

  1. The functions of the returning officer are—
    1. to organise, supervise and conduct University elections; 
    2. to ensure that elections are conducted in accordance with law and good practice;
    3. to declare the result of elections;
    4. to make recommendations in relation to the conduct of elections; and
    5. to perform the functions and to discharge the duties conferred or imposed on the returning officer by University legislation.
  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. 

Division 4. Casual vacancies

16. Returning officer may fill casual vacancies

  1. Subject to University legislation, the returning officer may appoint a person to fill a casual vacancy that would otherwise be filled by an election conducted under the regulations if it appears to the returning officer that there is likely to be a delay in the filling of the vacancy resulting in one or more meetings of the body occurring without that vacancy being filled. 
  2. The returning officer, in making the appointment, must specify the duration of the appointment, so that it terminates—
    1. on a specified date; or
    2. on the appointment or election of a person to fill the casual vacancy in accordance with University legislation.

Part 5. University Administration

Division 1. Chancellor, deputy chancellor and Vice-Chancellor

17. Chancellor 

  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. 

18. Deputy chancellor 

  1. The Council must, 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. 

19. Vice-Chancellor 

  1. The Council may only appoint a person to be Vice-Chancellor under section 26(2) of the Act after it has invited applications for the position by public advertisement. 
  2. The employment of the Vice-Chancellor under section 26(2) of the Act—
    1. must be under a written contract; and
    2. for a term specified in the written contract.
  3. The Vice-Chancellor may be reappointed for one or more further terms. 
  4. Subsection (1) does not apply if the Council decides to reappoint the Vice-Chancellor. 

20. Acting Vice-Chancellor

An acting Vice-Chancellor appointed by the Council under section 27(1) of the Act holds office in the circumstances and for a period stipulated by the Council.

Example
The Vice-Chancellor is on personal leave for three weeks. Professor Bottomsworth was appointed under section 27(1) of the Act for a period of three years to act as Vice-Chancellor whenever the Vice-Chancellor is on such leave. Professor Bottomsworth is accordingly the acting Vice-Chancellor during the Vice-Chancellor’s period of leave.

21. Deputy vice-chancellor 

  1. A deputy vice-chancellor must be appointed by the Council under section 27(2) of the Act on the recommendation of the Vice-Chancellor. 
  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 may be reappointed. 
  4. A deputy vice-chancellor has the powers, duties and functions conferred on the deputy vice-chancellor by the Vice-Chancellor. 

Division 2. University Secretary

22. University Secretary 

  1. There is hereby established the office of University Secretary. 
  2. The University Secretary must be appointed by the Vice-Chancellor. 
  3. The functions of the University Secretary include—
    1. acting as, or nominating, the returning officer for the conduct of University elections; and
    2. any other function conferred on the University Secretary by the Vice-Chancellor. 

Division 3. Policies

23. Objective

The objective of establishing policies is to facilitate the effective, efficient and equitable administration of the University, consistent with University legislation.

24. Register

The University must maintain a register of policies.

25. Making policies 

  1. Policies may be made by—
    1. the Council;
    2. the Academic Senate; or
    3. the Vice-Chancellor.
  2. Policies made by the Academic Senate or the Vice-Chancellor may be revoked or amended by the Council. 

Division 4. Register of delegation instruments

26. Register of delegations

  1. The University must keep a register of instruments of delegations. 
  2. The register of instruments of delegations must set out—
    1. the name of the body or person making the delegation;
      Note #1
      The Council may delegate powers or functions under section 18 of the Act;
      Note #2
      The Vice-Chancellor may delegate functions, powers and duties under section 26 of the Act.
    2. the name of the body or person to whom the delegation is made;
    3. the date of the instrument; and
    4. a brief summary of the powers, functions or duties being delegated and of any conditions or limitations on the delegation.
  3. The register must be—
    1. available for public inspection by arrangement;
    2. kept in a form (which may be electronic) determined by the University.

Division 5. Common seal

27. Use of the common seal 

  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. as directed by the Council in accordance with section 7 of the Act;
    2. as authorised by the Vice-Chancellor or University Secretary in accordance with section 28; or
    3. as authorised by the Chancellor or Vice-Chancellor under section 29. 

28. Purposes for which the common seal may be used 

  1. The Vice-Chancellor or University Secretary may authorise the common seal to be affixed to—
    1. testamurs for University awards;
    2. statutes or regulations;
    3. documents required by legislation to be sealed;
    4. legal documents including agreements, deeds and forms;
    5. other documents prescribed by the regulations or approved by the Council.
  2. If the common seal is affixed by the authority of the Vice-Chancellor or University Secretary under subsection (1)(d), the Vice-Chancellor or University Secretary must, as soon as practicable, report to the Council on the fixing of the common seal. 

29. Authorisation by the Chancellor or Vice-Chancellor 

  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—
    1. formal; or
    2. of special urgency.
  2. If the common seal is affixed in accordance with a direction under subsection (1) 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. 

30. Affixing and attestation

1. The sealing clause to be used when the common seal is affixed to a document other than a testamur is—

“The Common Seal of Swinburne University of Technology was affixed to this document by [ insert description if appropriate, for example direction of the Chancellor] in the presence of—

.............................................
[signature of authorised witness #1]

.............................................
[signature of authorised witness #2]

2. The persons who may sign a document other than a testamur as authorised witnesses are—

  1. the Vice-Chancellor;
  2. a Council member;
  3. the University Secretary

3. The sealing clause to be used when the seal is affixed to a testamur is as follows (with at least two of the signatories)—

“.............................................
[signature of Chancellor]
Chancellor

.............................................
[signature of Vice-Chancellor]
Vice-Chancellor

.............................................
[signature of Registrar]
Registrar”

4. A register of sealed documents (which may be kept electronically) must be kept available for perusal by members of the University by appointment.

31. Instruments expressed to be sealed

  1. Nothing in this Division requires the University to affix the common seal to an instrument that is expressed to be sealed.
    Note:
    Deeds do not need to be executed under the common seal.
  2. It is not necessary that—
    1. a deed executed by the University—
      1. be in any particular form; or
      2. be signed by more than one person; or
    2. the execution of a deed by the University be witnessed.

Part 6. Intellectual Property

32. Ownership of intellectual property 

  1. Except as provided in section 33, the University owns intellectual property which is created by—
    1. a staff member in the course of employment or on professional development leave (or its equivalent); 
    2. a student, if generation of the intellectual property has involved use of the University’s resources, facilities or services beyond that which is ordinarily provided to students enrolled for the same course of study or program;
    3. an academic visitor, if generation of the intellectual property arises from research design or scholarship, teaching, administration or other activity conducted by the University or using the University’s resources, facilities or services; 
    4. a person who is a participant requested by the University to participate in a research project where—
      1. generation of the intellectual property relies on pre-existing intellectual property owned by the University;
      2. the intellectual property forms part of intellectual property generated by a team of staff members or students or other persons (or a combination of those); or
      3. the intellectual property has been generated as a result of project-specific funding provided to the University by other persons.
  2. Without limiting the meaning of subsection (1)(a)—
    1. subsection (1)(a) applies to intellectual property
    2. arising from research, design or scholarship, teaching, administration and any other activity within the course of employment that takes place within the University or utilises University resources, facilities or services;
    3. the University owns copyright in—
      1. commissioned material;
      2. course materials; and
      3. any general materials created by the staff member in the course of his or her employment with the University.
  3. Without limiting the meaning of subsection (1)(c), the University owns copyright in commissioned material and course materials generated by an academic visitor in the circumstances described in that subsection.  

33. Transfer, licensing and sharing of benefits

The University may—

  1. transfer or licence intellectual property;
  2. in accordance with the regulations, share the proceeds from intellectual property with its creators;
  3. enter agreements with third parties to determine the ownership and treatment of intellectual property and any benefits or proceeds arising from it. 

34. Securing and protecting intellectual property 

  1. In this section University intellectual property means intellectual property referred to in section 32. 
  2. A creator of University intellectual property—
    1. must, at the request of the University, execute any document (including a deed) and do anything else which is necessary to enable the University to exercise the rights of ownership of the intellectual property and to benefit from it;
    2. must not deal with the intellectual property in a way which is inconsistent with the University’s ownership of it;
    3. must comply with any prescribed requirements relating to the intellectual property.
  3. Protection of University intellectual property and the exercise of any rights of ownership or exploitation of University intellectual property are at the discretion of the University.

Part 7. University Premises, Facilities, Services and Activities

35. Restricted access and use

A person must not, without the permission of the University or as otherwise authorised by law—

  1. enter University premises;
  2. use University facilities and services; or
  3. participate in University activities.

36. Fees, charges, conditions and other requirements

  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—
    1. on University premises;
    2. using University facilities and services; or
    3. engaged in University activities.
  2. The fees, charges, conditions or requirements which may be set under subsection (1) include—
    1. those prescribed by regulations;
      Note
      Section 29(1)(p) of the Act provides that university statutes and university regulations may be made with respect to fees charged by the University.
    2. those due pursuant to contracts entered into by the University;
      Note
      Section 6 of the Act provides that the University may do all acts and things that a body corporate may do, including entering into contracts.
    3. fees and charges fixed by the University; and
      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.
    4. those which are necessary or convenient to be done for or in connection with the University’s objects, powers and functions.
      Note
      Section 6 of the Act provides that the University may do all acts and things that a body corporate may do, including things necessary or convenient to be done for or in connection with its objects, powers and functions.

37. Fixing of fees and charges

  1. Without limiting section 36, University policies, procedures and directions may fix fees and charges which are payable to the University.
    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.
  2. Fees and charges fixed under University policies, procedures and directions must not be inconsistent with fees and charges fixed by the regulations.

38. Unpaid fees and charges

  1. If a person fails to pay a fee or charge within 60 days after it becomes payable to the University—
    1. the person is, by force of this provision, fined by the amount of the fee or charge; and
    2. the fine may be recovered in accordance with section 61 of the Act.
  2. If a person pays a fee or charge referred to in subsection (1), the payment operates to discharge the fine.
  3. Subsection (2) does not affect any liability to pay costs which are payable by the person in relation to the recovery of the fine. 

39. Conditions imposed on use, access and engagement

  1. A person must—
    1. comply with conditions imposed on the person’s—
      1. presence on University premises;
      2. use of University facilities and services; or
      3. engagement in University activities; and
    2. if the relevant permission of the University is withdrawn—
      1. leave University premises;
      2. not use University facilities and services; and
      3. not engage in University activities.
  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.
  3. For the purposes of subsection (2), person authorised by the University includes—
    1. an employee of the University; and
    2. a person employed or engaged by a contractor of the University to provide security services.

Part 8. Miscellaneous

Division 1. Regulations

40. Power to make regulations

Regulations may be made—

  1. by the Council—
    1. for or with respect to any subject matter in relation to which, in accordance with sections 28 and 29 of the Act, university regulations may be made;
    2. in accordance with this Statute;
    3. in accordance with the Academic and Student Affairs Statute 2012;
    4. in accordance with the University Foundations Statute 2012;
  2. by the Vice-Chancellor—
    1. for or with respect to any subject matter in relation to which, in accordance with section 29 of the Act, university regulations may be made;
    2. in accordance with this Statute;
    3. in accordance with the Academic and Student Affairs Statute 2011;
    4. in accordance with the University Foundations Statute 2012;
  3. by the Academic Senate, in accordance with the Academic and Student Affairs Statute 2012.

41. Making, amendment and promulgation of regulations

  1. Regulations are made—
    1. by Council resolution and application of the common seal;
    2. by resolution of the Academic Senate and application of the common seal; or
    3. by written decision of the Vice-Chancellor and application of the common seal.
  2. Regulations may be amended or revoked by—
    1. a statute;
    2. a provision of the same regulations which comes into operation on a later date;
    3. later regulations made by the person or body who or which made the regulation; or
    4. a resolution of the Council.
  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’s premises, University facilities and services or engage in University activities. 

42. Construction of regulations

Where a regulation is made under a statute, expressions used in a regulation shall, unless the contrary intention appears, have the same respective meanings as they have in the statute as amended and in force for the time being.

Division 2. Evidentiary provisions

43. Certificate

A certificate purporting to be issued by the University is evidence of its contents if it states—

  1. that a person is, or on a specified date (or during a specified period) was, a student;
  2. that a fee, charge or fine is, or on a specified date was, payable by a person;
  3. any other fact, matter or circumstance extracted from University records.

44. Notices

  1. A notice to a student under a statute or regulation is given if it is in writing and is—
    1. personally served on the student;
    2. posted to the student at the address shown on the student’s record as his or her postal address on the date of posting;
    3. delivered by courier to the address shown on the student’s enrolment record as his or her address on the day of delivery;
    4. emailed to the student’s University email account; or
    5. sent in any other form or method approved from time to time by the University for the purposes of bringing a notice to the attention of the student.
  2. A notice is deemed to have been received—
    1. if sent to an address within Australia, on the third working day after it was sent;
    2. if sent to an address outside Australia, on the seventh working day after it was sent;
    3. if delivered by courier, on the date recorded in the courier’s records as the date of delivery;
    4. if sent by email, 24 hours after the time it was sent;
    5. if sent by any other method determined by the University, on such date as the University in the determination specifies as the date of deemed receipt of that notice.

Part 9. Revocations and Transitional Provisions

45. Revocation of Statutes

The following Statutes are revoked—

  1. Statute 1 – Interpretation;
  2. Statute 2 – The Council;
  3. Statute 3 – Meetings;
  4. Statute 6 – The Common Seal;
  5. Statute 7 – Members of the University;
  6. Statute 8 – The Chancellor and Deputy Chancellor;
  7. Statute 9 – The Vice Chancellor;
  8. Statute 10 – Deputy Vice-Chancellors;
  9. Statute 11 – The Registrar;
  10. Statute 12 – The Secretary;
  11. Statute 15 – Elections;
  12. Statute 17 – University Assembly;
  13. Statute 19 – Regulation Making Power.

46. Transitional provisions

  1. Until a policy is established in relation to the calling of Council meetings for the purposes of section 7, the calling of Council meetings is at the discretion of the Vice-Chancellor. 
  2. The person who, immediately before the commencement of this Statute, was the University Secretary must be deemed to have been appointed as University Secretary under this Statute.