University Foundations Statute 2012

The Council makes the following Statute:
Dated: 5 March 2012

Part 1. Preliminary

1. Objectives

The objectives of this Statute are to—

  1. provide for the establishment of foundations connected to the University or to a division, campus, department, school, institute or centre of the University; and
  2. provide for the making of regulations to establish individual foundations.

2. Authorising provision

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

3. Definition

In this Statute—

Act means the Swinburne University of Technology Act 2010;

prescribed means prescribed by regulations;

regulations means regulations of the University made under Part 5 of the Act;

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; and

University legislation means the Act, statutes and regulations.


Part 2. University Foundations

4. Establishment of foundations

  1. Regulations under this Statute may establish University foundations.
  2. A foundation must be connected to—
    1. the University; or
    2. a division, campus, department, school, institute or centre of the University. 

5. Purpose, objects and constitution of a foundations

  1. A foundation has the purpose of encouraging, promoting and developing the University or the division, campus, department, school, institute or centre with which it is connected. 
  2. Regulations which constitute a foundation may—
    1. specify the objects of the foundation; and
    2. regulate the operation of the foundation.
  3. The objects of a foundation must be consistent with—
    1. the Act; and
    2. the purpose of the foundation.
  4. The regulations may require that a foundation carry out the conditions of a gift, grant, bequest or devise. 

6. Board of management

  1. The regulations which constitute a foundation may establish a board of management of one or more persons for the foundation.
  2. A board of management of a foundation has power to administer the foundation, subject to University legislation.

7. Funds

  1. All money received for the purposes of a foundation forms a fund for that foundation and may be invested, withdrawn, distributed or used in accordance with Divisions 3 and 4 of Part 6 of the Act. 
  2. If a board of management has been established under section 6, the board of management must be consulted from time to time about the investment, withdrawal, distribution and use of the fund.

Part 3. Regulations

8. Regulations

  1. Regulations under this Statute may be made by—
    1. the Council; or 
    2. the Vice-Chancellor.
  2. Regulations under this Statute may be made for or with respect to—
    1. establishing University foundations; 
    2. the objectives and constitution of University foundations; 
    3. the management and operation of University foundations; 
    4. generally, the good governance and management of University foundations and carrying out the objects of the Act and this Statute in relation to University foundations. 

9. Procedure for making regulations

Regulations made under this Statute must be made and promulgated in the manner prescribed by the Governance and Administration Statute 2012.


Part 4. Revocation

10. Revocation

Statute 24 – Foundations Statute 2004 is revoked.