The Kath Watson Foundation Regulations 2012

The Vice-Chancellor makes the following Regulations:
Dated: 24 August 2012

Preamble

Kath Watson AM (BA BEd) was a Swinburne Institute of Technology board member and Council member from 1991 until 2004 and was also a member and chair of numerous Council sub-committees. During this time, Kath Watson advocated for greater female participation at the University and was committed to advancement of educational opportunities for female students from low socio-economic backgrounds.

The University shares Kath Watson’s vision of equitable access for female students from disadvantaged backgrounds to fulfil their aspirations for university and technical and further education at Swinburne.

Kath Watson wishes the University to establish and maintain the Foundation to encourage increased participation of female students from disadvantaged backgrounds pursuing tertiary education at Swinburne.

The University has agreed to receive monies on these conditions and the Vice-Chancellor has approved the establishment of the Foundation to support the object of the Foundation and to acknowledge and honour Kath Watson’s contributions to the University.

It is appropriate to provide by regulation for the establishment and continuing conduct and regulation of the Foundation.


Part 1. Heading

1. Heading

The objective of these Regulations is to continue in operation, under the Act and the University Foundations Statute 2012, the Kath Watson Foundation.

2. Authorising provision

These Regulations are made under the University Foundations Statute 2012 and sections 28, 29 and 30 of the Swinburne University of Technology Act 2010.

3. Definitions

In these Regulations—

appointed Board member means a Board member other than an ex officio Board member;
Board means the Board of Management of the Foundation;
Foundation means The Kath Watson Foundation continued in operation under these Regulations;
revoked Regulations means Regulation 24.5 – The Kath Watson Foundation Regulation made under the Swinburne University of Technology Act 1992.


Part 2. The Foundation

4. Continuation of the Foundation

There is established the Kath Watson Foundation.

5. Objects and Functions

  1. The object of the Foundation is to increase the number and proportion of female students from disadvantaged backgrounds studying at the University.
  2. The functions of the Foundation are to—
    1. administer the awarding and presentation of financial scholarships and awards to support female students from disadvantaged backgrounds to study at the University;
    2. disseminate information and raise awareness among female students from disadvantaged backgrounds of opportunities to attend the University and of possibilities for related financial assistance;
    3. provide other forms of support for female students from disadvantaged backgrounds;
    4. solicit donations, gifts, bequests and conduct fundraising activities consistent with the Foundation’s object; and
    5. support such other things or activities at the University which are necessary, incidental or conducive to the advancement of the Foundation’s object and functions.

Part 3. Management of the Foundation

Division 1. Financial

6. Money held by the Foundation

All money held, received or raised for the Foundation, and all accumulations from the investment of money held for the Foundation, must be held by the University and recorded in a separate University ledger account in the name of the Foundation.

7. Investment

  1. Money held for the Foundation may be invested by the University, either separately or in common with other funds of the University.
  2. If money is invested in a common fund, the investment must be identified as a separate sub-fund of the common fund.

8. Report by University on investment of money

The University must, by 31 March in each year, cause to be submitted to the Board a report on the investment of money held by the University for the Foundation for the previous calendar year.

9. Expenditure

Money held for the Foundation may be expended, both as to capital and income, only—

  1. in accordance with the object of the Foundation and on the recommendation of the Board;
  2. to pay administration fees (if any) imposed by an external investments manager.

Division 2. Board of Management

10. Board of Management 

  1. The business and affairs of the Foundation are vested in the Board.
  2. The Board comprises—
    1. Kath Watson or nominee (including a representative of the estate of Kath Watson or nominee);
    2. ex officio: the Vice-Chancellor or nominee;
    3. ex officio: the Director of Student Services or the Director of the unit of the University most closely associated with providing academic and general support services to students, as determined by the Vice-Chancellor, or the Director’s nominee;
    4. ex officio: the Scholarships Manager or the manager most closely associated with management of University scholarships, as determined by the Vice-Chancellor, or the Manager’s nominee;
    5. two staff members appointed by the Vice-Chancellor who have knowledge, experience or expertise in areas of student equity and scholarships.
      Examples
      The Equity Manager, the Equity Officer, the Equity Scholarships Officer.
  3. The position of an ex officio Board member becomes vacant if—
    1. the Board member no longer holds the relevant office;
    2. the Board member—
      1. retires from the Board;
      2. resigns from the Board; or
      3. is removed from the Board by the Vice-Chancellor on the ground that, in the opinion of the Vice-Chancellor, the person is no longer suitable or the most appropriate person for the position.
  4. An appointed Board member under subregulation (2)(e) holds office until—
    1. the Board member ceases to be a University staff member;
    2. the Board member—
      1. retires from the Board;
      2. resigns from the Board; or
      3. is removed from the Board by the Vice-Chancellor on the ground that, in the opinion of the Vice-Chancellor, the person is no longer suitable or the most appropriate person for the position.
  5. Subject to subregulations (3) and (4), a Board member holds office until the Board member retires or resigns. 

          11. Payment and reimbursement 

          1. A Board member is not entitled to be paid any remuneration in respect of the office of Board member.
          2. However, Board members may be reimbursed for reasonable travelling or other expenses incurred in attending Board meetings or otherwise in connection with the management of the Foundation. 

          12. Chairperson 

          1. The position of chairperson of the Board becomes vacant—
            1. at the expiry of one year from when the chairperson is elected; or
            2. when, for any other reason, the chairperson ceases to be a member of the Board.
          2. If the position of chairperson is vacant, the Board must elect one of its members to become chairperson.
          3. A member of the Board who is chairperson immediately before the position of chairperson becomes vacant is eligible for re-election. 

          13. Board meetings 

          1. The Board must meet at least once each calendar year, and more often if needed.
          2. The Board must regulate its own proceedings.
          3. A quorum for a Board meeting is three members.
          4. If the chairperson is absent, the members must elect a chairperson for that meeting.
          5. Questions arising at a Board meeting or being dealt with by circulation must be determined—
            1. by a majority of votes; or
            2. in the case of an equality of votes, by the chairperson casting a second or casting vote.
          6. The Board must cause minutes to be kept of all Board meetings and of matters dealt with by circulation. 

          14. Committees 

          1. The Board may appoint committees comprising two or more persons (who need not be Board members).
          2. A committee must report to the Board on matters referred to it. 

          15. Secretary and other officers

          The Board may appoint, without remuneration, for the administration of the Foundation—

          1. a person to act as secretary to the Board; 
          2. other persons to act as officers of the Board.

          16. Validity of decisions unaffected by defects in appointment

          The validity of decisions of the Board is unaffected by—

          1. any defect in the appointment of Board members;
          2. the vacancy of a position; or
          3. the unwillingness of a person to act in an ex officio position.

          17. Effect of vacancy

          If there is a vacancy on the Board, the remaining Board members may continue to act and the validity of the Board’s decisions is unaffected by the vacancy.

          18. Annual report by Board

          1. The Board must, by 30 April in each year, cause to be submitted to the Vice Chancellor an annual report on the activities of the Foundation for the previous calendar year.
          2. If the University receives and is satisfied with the accuracy of the annual report, it must publish a University-wide report on the activities of the Foundation for the relevant period.

          Division 3. Distribution by University

          19. Distribution if objects cannot be carried out

          1. This regulation applies if the Board and the Council determine that it is illegal, impracticable or impossible to carry out the object of the Foundation.
          2. If this Regulation applies, the University may spend the funds for the purposes as the Board and the Council consider most closely accord with the object and functions of the Foundation.

          Part 4. Miscellaneous

          20. Revocation

          Regulation 24.5 – Kath Watson Foundation is revoked.

          21. Transitional

          1. Despite the revocation of 24.5 – Kath Watson Foundation—
            1. the former Board—
              1.  subject to subparagraph (ii), is taken to be the same body as the Board constituted under these Regulations; and 
              2. continues in existence as if constituted under these Regulations; and
            2. the former Foundation is taken to be the Foundation constituted by these Regulations.
          2. On and from the commencement date, all property vested in the Foundation under the revoked Regulations, including money held by the University for the Foundation, may be held and used in accordance with these Regulations.