Part 5. University Administration
Division 1. Chancellor, deputy chancellor and Vice-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.
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—
a. must be under a written contract; and
b. 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—
a. acting as, or nominating, the returning officer for the conduct of University elections; and
b. any other function conferred on the University Secretary by the Vice-Chancellor.
Division 3. Policies
The objective of establishing policies is to facilitate the effective, efficient and equitable administration of the University, consistent with University legislation.
The University must maintain a register of policies.
25. Making policies
1. Policies may be made by—
a. the Council;
b. the Academic Senate; or
c. 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—
a. 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.
b. the name of the body or person to whom the delegation is made;
c. the date of the instrument; and
d. 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—
a. available for public inspection by arrangement;
b. 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—
a. as directed by the Council in accordance with section 7 of the Act;
b. as authorised by the Vice-Chancellor or University Secretary in accordance with section 28; or
c. 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—
a. testamurs for University awards;
b. statutes or regulations;
c. documents required by legislation to be sealed;
d. legal documents including agreements, deeds and forms;
e. 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—
a. formal; or
b. 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—
a. the Vice-Chancellor;
b. a Council member;
c. 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]
[signature of Vice-Chancellor]
[signature of 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—
a. a deed executed by the University—
i. be in any particular form; or
ii. be signed by more than one person; or
b. the execution of a deed by the University be witnessed.