Swinburne Sports Foundation Regulations 2012

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

Part 1. Preliminary

1. Objectives

The objective of these Regulations is to continue in operation, under the Act and the University Foundations Statute 2012, the Swinburne Sports 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 Swinburne Sports Foundation continued in operation under these Regulations;
revoked Regulations means Regulation 24.1 – Swinburne Sports Foundation made under the Swinburne University of Technology Act 1992

Part 2. The Foundation

4. Continuation of the Foundation

There is established the Swinburne Sports Foundation.

5. Objects

The objects of the Foundation are to—

  1. promote and improve sport at the University;
  2. promote and encourage sport, recreation, leisure, fitness and health;
  3. promote and encourage the development of sporting and recreation clubs associated with the University;
  4. promote, encourage, conduct and administer both intra-university and inter-university sport;
  5. administer the granting and presentation of sporting awards;
  6. disseminate information throughout the University community in connection with sport, recreation and related issues;
  7. solicit donations, gifts and bequests to the University for the purposes of promoting and improving sport at the University; and
  8. support other such things at the University which are necessary, incidental or conducive to the advancement of these objects.

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 objects 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. one person, appointed by the Vice-Chancellor from the staff, who is a person actively involved in or has a substantial record of playing, coaching, managing or administering sport;
    2. two persons, appointed by the Vice-Chancellor from the students after consultation with any relevant student association, sporting body or club, who are persons actively involved in or have a substantial record of playing, coaching, managing or administering sport;
    3. one person appointed by the Vice-Chancellor from the alumni of the University after consultation with a relevant alumni association;
    4. one person appointed by the Chancellor from the community, being a person who—
      1. is not a staff member or student at the University; and
      2. is a person involved in or with knowledge or experience of sport;
    5. ex officio: the most senior staff member willing to act of the University’s sport, recreation and fitness service, its successor unit or otherwise the unit of the University most closely involved in sport at the University, as determined by the Vice-Chancellor.
  3. An appointed Board member holds office for a period of two years and may be reappointed.
  4. The position of an appointed Board member becomes vacant if—
    1. the Board member resigns or retires; or
    2. the person who appointed that Board member removes the Board member.
  5. In subregulation (4)(b), the person means—
    1. the person who appointed the Board member; or
    2. if that person no longer holds the relevant office, the holder of that office.
  6. If a person ceases to be a Board member, the resulting vacancy must be filled by an appointee or ex officio member in accordance with the relevant provision of subregulation (2).

11. Payment and reimbursement

  1. A Board member is not entitled to be paid any remuneration in respect of his or her office as a 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—
      1. one year from when the chairperson is elected; or
      2. the term of the chairperson (whether or not that person is reappointed to the Board); 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 if 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

  1. 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.

Part 4. Miscellaneous

19. Revocation

Regulation 24.1 – Swinburne Sports Foundation is revoked.

20. Transitional

  1. Despite the revocation of Regulation 24.1 – Swinburne Sports Foundation—
    1. the former Board—
      1. subject to subparagraph
      2. is taken to be the same body as the Board constituted under these Regulations; and
      3. 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.