Education Legislation Amendment (TAFE and University Governance Reform) Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Principal Act 2 Part 2—Amendment of the Education and Training Reform Act 2006 3 4 TAFE institute and boards 3 5 Board directorship 3 6 New section 3.1.16A inserted 4 7 Section 3.1.18 substituted—Removal of directors 5 8 New section 6.1.40 inserted 6 9 Schedule 2—Terms and conditions of appointment of members 9 Part 3—Other amendments to the Education and Training Reform Act 2006 10 10 New section 3.1.12E inserted 10 11 Accountability of TAFE institute boards 10 12 Strategic plans 10 13 Minister may object to appointment of chief executive officer 10 14 Authorised officers 11 Part 4—Amendment of university Acts 12 Division 1—Deakin University Act 2009 12 15 Definitions 12 16 Council membership 12 17 New section 11A inserted 13 18 Specific subject matter for university statutes and university regulations 14 19 Orders in Council 15 20 Repeal of section 76—Constitution of Council 15 21 Members of Council 15 22 New Division 4 of Part 8 inserted 15 23 Terms and conditions of office of Council members 17 -- 1 of 89 -- Section Page ii Authorised by the Chief Parliamentary Counsel 24 Members eligible for reappointment 17 25 Filling of vacancies on retirement 17 26 New clauses 6 and 7 inserted in Schedule 1 18 27 Filling of casual vacancies generally 19 28 Chairperson 20 29 Validation of acts or decisions despite vacancy or disqualification 20 30 Statute law revision amendments 20 Division 2—Federation University Australia Act 2010 21 31 Definitions 21 32 Council membership 21 33 New section 11A inserted 22 34 Specific subject matter for university statutes and university regulations 24 35 Orders in Council 24 36 Repeal of section 76—Constitution of Council 24 37 Members of Council 25 38 New Division 5 of Part 8 inserted 25 39 Terms and conditions of office of Council members 26 40 Members eligible for reappointment 27 41 Filling of vacancies on retirement 27 42 New clauses 6 and 7 inserted in Schedule 1 27 43 Filling of casual vacancies generally 28 44 Chairperson 29 45 Validation of acts or decisions despite vacancy or disqualification 29 Division 3—La Trobe University Act 2009 30 46 Definitions 30 47 Council membership 30 48 New section 11A inserted 31 49 Specific subject matter for university statutes and university regulations 33 50 Orders in Council 33 51 Repeal of section 76—Constitution of Council 33 52 Members of Council 33 53 New Division 4 of Part 8 inserted 34 54 Terms and conditions of office of Council members 35 55 Members eligible for reappointment 36 56 Filling of vacancies on retirement 36 57 New clauses 6 and 7 inserted in the Schedule 36 58 Filling of casual vacancies generally 37 59 Chairperson 38 60 Validation of acts or decisions despite vacancy or disqualification 38 61 Statute law revision amendment 38 -- 2 of 89 -- Section Page iii Authorised by the Chief Parliamentary Counsel Division 4—Monash University Act 2009 38 62 Definitions 38 63 Council membership 39 64 New section 11A inserted 40 65 Specific subject matter for university statutes and university regulations 41 66 Orders in Council 42 67 Repeal of section 77—Constitution of Council 42 68 Members of Council 42 69 New Division 4 of Part 8 inserted 42 70 Terms and conditions of office of Council members 44 71 Members eligible for reappointment 44 72 Filling of vacancies on retirement 44 73 New clauses 6 and 7 inserted in Schedule 1 45 74 Filling of casual vacancies generally 46 75 Chairperson 47 76 Validation of acts or decisions despite vacancy or disqualification 47 Division 5—Royal Melbourne Institute of Technology Act 2010 47 77 Definitions 47 78 Council membership 48 79 New section 11A inserted 49 80 Specific subject matter for university statutes and university regulations 50 81 Orders in Council 51 82 Repeal of section 76—Constitution of Council 51 83 Members of Council 51 84 New Division 4 of Part 8 inserted 51 85 Terms and conditions of office of Council members 53 86 Members eligible for reappointment 53 87 Filling of vacancies on retirement 53 88 New clauses 6 and 7 inserted in Schedule 1 54 89 Filling of casual vacancies generally 55 90 Chairperson 56 91 Validation of acts or decisions despite vacancy or disqualification 56 Division 6—Swinburne University of Technology Act 2010 56 92 Definitions 56 93 Council membership 57 94 New section 11A inserted 58 95 Specific subject matter for university statutes and university regulations 59 96 Orders in Council 60 97 Repeal of section 76—Constitution of Council 60 -- 3 of 89 -- Section Page iv Authorised by the Chief Parliamentary Counsel 98 Members of Council 60 99 New Division 4 of Part 8 inserted 60 100 Terms and conditions of office of Council members 61 101 Members eligible for reappointment 62 102 Filling of vacancies on retirement 62 103 New clauses 6 and 7 inserted in Schedule 1 62 104 Filling of casual vacancies generally 63 105 Chairperson 64 106 Validation of acts or decisions despite vacancy or disqualification 65 Division 7—University of Melbourne Act 2009 65 107 Definitions 65 108 Council membership 65 109 New section 11A inserted 66 110 Specific subject matter for university statutes and university regulations 68 111 Orders in Council 68 112 Repeal of section 80—Constitution of Council 68 113 Members of Council 68 114 New Division 5 of Part 8 inserted 69 115 Terms and conditions of office of Council members 70 116 Members eligible for reappointment 71 117 Filling of vacancies on retirement 71 118 New clauses 6 and 7 inserted in Schedule 1 71 119 Filling of casual vacancies generally 72 120 Chairperson 73 121 Validation of acts or decisions despite vacancy or disqualification 73 Division 8—Victoria University Act 2010 73 122 Definitions 73 123 Council membership 74 124 New section 11A inserted 75 125 Specific subject matter for university statutes and university regulations 76 126 Orders in Council 77 127 Repeal of section 76—Constitution of Council 77 128 Members of Council 77 129 New Division 4 of Part 8 inserted 77 130 Terms and conditions of office of Council members 78 131 Members eligible for reappointment 79 132 Filling of vacancies on retirement 79 133 New clauses 6 and 7 inserted in Schedule 1 79 134 Filling of casual vacancies generally 80 135 Chairperson 81 -- 4 of 89 -- Section Page v Authorised by the Chief Parliamentary Counsel 136 Validation of acts or decisions despite vacancy or disqualification 82 Part 5—Repeal of amending Act 83 137 Repeal of amending Act 83 ═══════════════ Endnotes 84 1 General information 84 -- 5 of 89 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015† No. 69 of 2015 [Assented to 15 December 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Education and Training Reform Act 2006 in relation to the constitution of boards of TAFE institutes; and Victoria -- 6 of 89 -- Part 1—Preliminary Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 2 Authorised by the Chief Parliamentary Counsel (b) to amend various university Acts in relation to the constitution of councils of universities; and (c) to make related consequential amendments and other miscellaneous amendments to those Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 September 2016, it comes into operation on that day. 3 Principal Act In Parts 2 and 3 of this Act, the Education and Training Reform Act 2006 is called the Principal Act. -- 7 of 89 -- Part 2—Amendment of the Education and Training Reform Act 2006 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Education and Training Reform Act 2006 4 TAFE institute and boards (1) After section 3.1.11(2)(f) of the Principal Act insert— "(fa) make provision for— (i) the conduct of elections of members of staff of a TAFE institute including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution; and (ii) the training and support of elected directors of the board of a TAFE institute; or". (2) In section 3.1.11(3) of the Principal Act, for "subsection (2)(f), (g)" substitute "subsection (2)(f), (fa), (g)". 5 Board directorship (1) For section 3.1.16(1) of the Principal Act substitute— "(1) An Order in Council or Ministerial Order made under section 3.1.11 must provide for a board of a TAFE institute consisting of not less than 10 and not more than 15 directors of whom— (a) at least half must be appointed by the Minister; and (b) a minimum of one director or any other greater fixed number of directors must be a staff member or members of the institute elected by staff of the institute; and -- 8 of 89 -- Part 2—Amendment of the Education and Training Reform Act 2006 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 4 Authorised by the Chief Parliamentary Counsel (c) one must be the chief executive officer of the institute; and (d) the remaining directors must be appointed by the board by co-option. (1A) In subsection (1)(b), a reference to a fixed number of directors is a reference to the number of directors to be elected by the staff of the TAFE institute fixed by the Order in Council or Ministerial Order made under section 3.1.11.". (2) In section 3.1.16(2) of the Principal Act, for ", or advising about persons for appointment as directors to a board, the Minister and the directors" substitute "the Minister and the board". (3) For section 3.1.16(3) of the Principal Act substitute— "(3) A person who is a member of Parliament must not be appointed or elected as a director of the board.". 6 New section 3.1.16A inserted After section 3.1.16 of the Principal Act insert— "3.1.16A Chairperson of board—appointment and removal (1) The board must elect and appoint a director of the board (other than an elected director or the chief executive officer) as the chairperson of the board in accordance with this section. (2) Before appointing a director as chairperson of the board, the board must notify the Minister in writing of the proposal to make the appointment. -- 9 of 89 -- Part 2—Amendment of the Education and Training Reform Act 2006 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 5 Authorised by the Chief Parliamentary Counsel (3) The Minister may, within 20 days after receiving the notification and after considering the board's proposal, give to the board written notice of the Minister's objection to the proposed appointment. (4) The board must not appoint a director as chairperson of the board if the Minister has objected to the appointment under subsection (3). (5) The board may suspend or remove the chairperson from office at any time. (6) The Minister may suspend or remove a chairperson from office if the Minister is satisfied that exceptional circumstances exist.". 7 Section 3.1.18 substituted—Removal of directors For section 3.1.18 of the Principal Act substitute— "3.1.18 Removal of directors (1) The Minister may suspend or remove a director appointed by the Minister at any time. (2) If the board believes that an elected director or a director co-opted by the board has contravened a code of conduct that is applicable to the director or a duty or obligation otherwise imposed on the director by or under this Act, the board may— (a) suspend the director from office for a period not exceeding one month; or (b) remove the director from office. (3) A suspension imposed under subsection (2)(a) cannot be extended or renewed. -- 10 of 89 -- Part 2—Amendment of the Education and Training Reform Act 2006 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 6 Authorised by the Chief Parliamentary Counsel (4) A suspended director is, by force of this subsection, restored to office at the end of the period of suspension unless the director is removed from office within that period. (5) In exercising a power conferred by subsection (2) to remove a director from office, the board must do so by notice in writing delivered to the director that— (a) specifies a date, not earlier than 7 days after the date of the notice, on which the removal is to take effect; and (b) informs the director that at any time prior to the removal taking effect the director may submit to the board reasons as to why the director should not be removed from office. (6) If the board exercises a power conferred by subsection (2) to remove a director from office, the board may revoke the notice of removal, by notice in writing delivered to the director, at any time before it takes effect.". 8 New section 6.1.40 inserted At the end of Chapter 6 of the Principal Act insert— "6.1.40 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 2 of the amending Act— (a) an Order in Council made under section 3.1.11 relating to the board of a TAFE institute, which was in force immediately before the commencement day, continues in operation, subject to this Act, until it is remade under -- 11 of 89 -- Part 2—Amendment of the Education and Training Reform Act 2006 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 7 Authorised by the Chief Parliamentary Counsel section 3.1.11 in accordance with subsection (2); and (b) the board of a TAFE institute is taken to be the same body on and after the commencement day despite the changes to its constitution made by Part 2 of the amending Act and no decision, matter or thing is to be affected by the changes to the constitution of that board made by Part 2 of the amending Act; and (c) a person who on the day immediately before the commencement day held office as a director of the board of a TAFE institute referred to in paragraph (b) continues to hold office as a director of that board on the same terms and conditions as those on which the person held office immediately before the commencement day, subject to this Act and the relevant Order in Council continued under paragraph (a), until the commencement of the Order in Council that is remade in accordance with subsection (2); and (d) sections 3.1.16 and 3.1.18 apply to a board of a TAFE institute referred to in paragraph (b) and a director referred to in paragraph (c) as if those sections had not been amended by Part 2 of the amending Act. (2) The Minister must ensure that within 6 months after the commencement day, or within any further period or periods fixed by the Minister in respect of the board of a TAFE institute, every Order in Council relating to the board of a TAFE institute -- 12 of 89 -- Part 2—Amendment of the Education and Training Reform Act 2006 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 8 Authorised by the Chief Parliamentary Counsel continued in operation under subsection (1)(a) is reviewed and remade under section 3.1.11. (3) The Minister must cause a notice to be published in the Government Gazette of any further period fixed by the Minister under subsection (2). (4) On and after the commencement of an Order in Council relating to the board of a TAFE institute that is remade under section 3.1.11 in accordance with subsection (2)— (a) the board of that TAFE institute existing immediately before the commencement day is abolished and its directors go out of office; and (b) if the person who held office as the chairperson of the board of a TAFE institute abolished under paragraph (a) is appointed by the Minister as a director of the incoming board of that TAFE institute, that person is taken to be the interim chairperson of the incoming board of that TAFE institute; and (c) if the person who held office as the chairperson of the board of a TAFE institute abolished under paragraph (a) is not appointed by the Minister as a director of the incoming board of that TAFE institute, the Minister must appoint a director of the incoming board of that TAFE institute as the interim chairperson of the incoming board. -- 13 of 89 -- Part 2—Amendment of the Education and Training Reform Act 2006 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 9 Authorised by the Chief Parliamentary Counsel (5) The term of office of an interim chairperson who is taken to be appointed under subsection (4)(b) or who is appointed by the Minister under subsection (4)(c) ends on the earlier of the following— (a) 2 months after the term of office begins; or (b) when a chairperson of the incoming board is elected and appointed in accordance with section 3.1.16A. (6) In this section— amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015; commencement day means the day on which Part 2 of the amending Act comes into operation.". 9 Schedule 2—Terms and conditions of appointment of members After clause 2(1) of Schedule 2 to the Principal Act insert— "(2) An elected member holds office for up to 3 years and is eligible to stand for re-election except as provided in any Order establishing the authority.". -- 14 of 89 -- Part 3—Other amendments to the Education and Training Reform Act 2006 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 10 Authorised by the Chief Parliamentary Counsel Part 3—Other amendments to the Education and Training Reform Act 2006 10 New section 3.1.12E inserted After section 3.1.12D of the Principal Act insert— "3.1.12E TAFE institute to keep books and accounts (1) A TAFE institute must establish and keep full and complete books and accounts of all money received and paid by the TAFE institute and must arrange for a continuous audit of the income and expenditure to be made at any intervals not exceeding one month that the Minister directs. (2) The books and accounts referred to in subsection (1) must be kept in the form and manner approved by the Auditor-General.". 11 Accountability of TAFE institute boards Section 3.1.15(3) and (4) of the Principal Act are repealed. 12 Strategic plans After section 3.1.18A(3) of the Principal Act insert— "(3A) If the Minister refuses to accept a strategic plan under subsection (3)(c), the board of the TAFE institute must, at the time or times determined by the Minister, amend and resubmit the strategic plan to the Minister for acceptance.". 13 Minister may object to appointment of chief executive officer In section 3.1.24(2) of the Principal Act, for "10 days" substitute "15 days". -- 15 of 89 -- Part 3—Other amendments to the Education and Training Reform Act 2006 Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 11 Authorised by the Chief Parliamentary Counsel 14 Authorised officers In section 5.8.1(1)(b) of the Principal Act omit "the board of". -- 16 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 12 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of university Acts Division 1—Deakin University Act 2009 15 Definitions In section 3 of the Deakin University Act 2009 insert the following definition— "elected member means a member of the Council referred to in section 11(4A);". 16 Council membership (1) For section 11(1) of the Deakin University Act 2009 substitute— "(1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members; and (c) a minimum of one or any other greater fixed number of Council appointed members; and (d) the elected members.". (2) After section 11(4) of the Deakin University Act 2009 insert— "(4A) The elected members are— (a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and (b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.". -- 17 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 13 Authorised by the Chief Parliamentary Counsel (3) After section 11(5) of the Deakin University Act 2009 insert— "(5A) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". (4) In the note at the foot of section 11 of the Deakin University Act 2009, for "76" substitute "11A". 17 New section 11A inserted After section 11 of the Deakin University Act 2009 insert— "11A Council membership pending Order under section 63 (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being— (a) the official members; and (b) at least 4 government appointed members; and (c) at least 4 Council appointed members; and (d) the elected members. (2) The official members of the Council are— (a) the Chancellor; and (b) the Vice-Chancellor; and (c) the president (however designated) of the academic board or its equivalent. -- 18 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 14 Authorised by the Chief Parliamentary Counsel (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". 18 Specific subject matter for university statutes and university regulations In section 29(1) of the Deakin University Act 2009— (a) for paragraph (u) substitute— "(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;"; (b) after paragraph (u) insert— "(ua) the elected members of the Council including— -- 19 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 15 Authorised by the Chief Parliamentary Counsel (i) fixing the number of each category of elected member; and (ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i); (ub) training and support of the members of the Council;". 19 Orders in Council In section 63(1)(a) of the Deakin University Act 2009, for "a category of member" substitute "government appointed members and Council appointed members". 20 Repeal of section 76—Constitution of Council Section 76 of the Deakin University Act 2009 is repealed. 21 Members of Council Section 78(2) of the Deakin University Act 2009 is repealed. 22 New Division 4 of Part 8 inserted After Division 3 of Part 8 of the Deakin University Act 2009 insert— "Division 4—Further transitional provisions 79 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day. -- 20 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 16 Authorised by the Chief Parliamentary Counsel (2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day. (3) Despite the commencement of Part 4 of the amending Act— (a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and (b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2). (4) On and from the commencement day— (a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the amending Act and no decision, matter or thing is affected by those changes; and (b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office. (5) In this section— amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015; -- 21 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 17 Authorised by the Chief Parliamentary Counsel commencement day means the day on which Part 4 of the amending Act comes into operation.". 23 Terms and conditions of office of Council members In clause 1(1) of Schedule 1 to the Deakin University Act 2009— (a) in paragraph (b), for "effect." substitute "effect;"; (b) after paragraph (b) insert— "(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations; (d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.". 24 Members eligible for reappointment In clause 2(1) of Schedule 1 to the Deakin University Act 2009, after "re-appointed" insert "or re-elected". 25 Filling of vacancies on retirement In clause 5 of Schedule 1 to the Deakin University Act 2009, after "appointment" insert "or election". -- 22 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 18 Authorised by the Chief Parliamentary Counsel 26 New clauses 6 and 7 inserted in Schedule 1 After clause 5 of Schedule 1 to the Deakin University Act 2009 insert— "6 Conduct of elections Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations. 7 Elected member vacancies taken to be casual vacancies (1) This clause applies if— (a) at any election for elected members of the Council— (i) no vacancies are filled; or (ii) a number of vacancies less than the whole number which should have been filled is filled; or (b) an election for elected members of the Council to fill vacancies should have been held but is not held. (2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies. (3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.". -- 23 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 19 Authorised by the Chief Parliamentary Counsel 27 Filling of casual vacancies generally (1) For clause 8(1) of Schedule 1 to the Deakin University Act 2009 substitute— "(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.". (2) For clause 8(2) of Schedule 1 to the Deakin University Act 2009 substitute— "(2) A person who is to be elected or appointed as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.". (3) For clause 8(3) of Schedule 1 to the Deakin University Act 2009 substitute— "(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.". (4) In clause 8(4) of Schedule 1 to the Deakin University Act 2009, for "appointed" substitute "elected or appointed". (5) For clause 8(5) of Schedule 1 to the Deakin University Act 2009 substitute— "(5) Despite subclause (4), it is not obligatory to fill a casual vacancy for the remainder of the term if— (a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office; -- 24 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 20 Authorised by the Chief Parliamentary Counsel (b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.". 28 Chairperson In clause 10(b) of Schedule 1 to the Deakin University Act 2009, after "elect a" insert "government appointed member or Council appointed member as". 29 Validation of acts or decisions despite vacancy or disqualification (1) In clause 16(1) of Schedule 1 to the Deakin University Act 2009— (a) in paragraph (a), after "appointment" insert "or election"; (b) in paragraph (b), after "appoint" insert "or elect". (2) In clause 16(2) of Schedule 1 to the Deakin University Act 2009, after "appointment" (wherever occurring) insert "or election". 30 Statute law revision amendments (1) In section 3 of the Deakin University Act 2009, in paragraph (a) of the definition of student, for "university" substitute "University". (2) In section 32(1) of the Deakin University Act 2009, for "commenced date" substitute "commencement day". -- 25 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 21 Authorised by the Chief Parliamentary Counsel Division 2—Federation University Australia Act 2010 31 Definitions In section 3 of the Federation University Australia Act 2010 insert the following definition— "elected member means a member of the Council referred to in section 11(4A);". 32 Council membership (1) For section 11(1) of the Federation University Australia Act 2010 substitute— "(1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members; and (c) a minimum of one or any other greater fixed number of Council appointed members; and (d) the elected members.". (2) After section 11(4) of the Federation University Australia Act 2010 insert— "(4A) The elected members are— (a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and (b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.". -- 26 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 22 Authorised by the Chief Parliamentary Counsel (3) After section 11(5) of the Federation University Australia Act 2010 insert— "(5A) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". (4) In the note at the foot of section 11 of the Federation University Australia Act 2010, for "76" substitute "11A". 33 New section 11A inserted After section 11 of the Federation University Australia Act 2010 insert— "11A Council membership pending Order under section 63 (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being— (a) the official members; and (b) at least 4 government appointed members; and (c) at least 4 Council appointed members; and (d) the elected members. -- 27 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 23 Authorised by the Chief Parliamentary Counsel (2) The official members of the Council are— (a) the Chancellor; and (b) the Vice-Chancellor; and (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". -- 28 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 24 Authorised by the Chief Parliamentary Counsel 34 Specific subject matter for university statutes and university regulations In section 29(1) of the Federation University Australia Act 2010— (a) for paragraph (u) substitute— "(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;"; (b) after paragraph (u) insert— "(ua) the elected members of the Council including— (i) fixing the number of each category of elected member; and (ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i); (ub) training and support of the members of the Council;". 35 Orders in Council In section 63(1)(a) of the Federation University Australia Act 2010, for "a category of member" substitute "government appointed members and Council appointed members". 36 Repeal of section 76—Constitution of Council Section 76 of the Federation University Australia Act 2010 is repealed. -- 29 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 25 Authorised by the Chief Parliamentary Counsel 37 Members of Council Section 78(2) of the Federation University Australia Act 2010 is repealed. 38 New Division 5 of Part 8 inserted After Division 4 of Part 8 of the Federation University Australia Act 2010 insert— "Division 5—Further transitional provisions 85 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day. (2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day. (3) Despite the commencement of Part 4 of the amending Act— (a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and (b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2). (4) On and from the commencement day— (a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the -- 30 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 26 Authorised by the Chief Parliamentary Counsel amending Act and no decision, matter or thing is affected by those changes; and (b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office. (5) In this section— amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015; commencement day means the day on which Part 4 of the amending Act comes into operation.". 39 Terms and conditions of office of Council members In clause 1(1) of Schedule 1 to the Federation University Australia Act 2010— (a) in paragraph (b), for "effect." substitute "effect;"; (b) after paragraph (b) insert— "(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations; (d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the -- 31 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 27 Authorised by the Chief Parliamentary Counsel university statutes and any university regulations.". 40 Members eligible for reappointment In clause 2(1) of Schedule 1 to the Federation University Australia Act 2010, after "re-appointed" insert "or re-elected". 41 Filling of vacancies on retirement In clause 5 of Schedule 1 to the Federation University Australia Act 2010, after "appointment" insert "or election". 42 New clauses 6 and 7 inserted in Schedule 1 After clause 5 of Schedule 1 to the Federation University Australia Act 2010 insert— "6 Conduct of elections Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations. 7 Elected member vacancies taken to be casual vacancies (1) This clause applies if— (a) at any election for elected members of the Council— (i) no vacancies are filled; or (ii) a number of vacancies less than the whole number which should have been filled is filled; or (b) an election for elected members of the Council to fill vacancies should have been held but is not held. -- 32 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 28 Authorised by the Chief Parliamentary Counsel (2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies. (3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.". 43 Filling of casual vacancies generally (1) For clause 8(1) of Schedule 1 to the Federation University Australia Act 2010 substitute— "(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.". (2) For clause 8(2) of Schedule 1 to the Federation University Australia Act 2010 substitute— "(2) A person who is to be elected or appointed as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.". (3) For clause 8(3) of Schedule 1 to the Federation University Australia Act 2010 substitute— "(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.". -- 33 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 29 Authorised by the Chief Parliamentary Counsel (4) In clause 8(4) of Schedule 1 to the Federation University Australia Act 2010, for "appointed" substitute "elected or appointed". (5) For clause 8(5) of Schedule 1 to the Federation University Australia Act 2010 substitute— "(5) Despite subclause (4), it is not obligatory to fill a casual vacancy for the remainder of the term if— (a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office; (b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.". 44 Chairperson In clause 10(b) of Schedule 1 to the Federation University Australia Act 2010, after "elect a" insert "government appointed member or Council appointed member as". 45 Validation of acts or decisions despite vacancy or disqualification (1) In clause 16(1) of Schedule 1 to the Federation University Australia Act 2010— (a) in paragraph (a), after "appointment" insert "or election"; (b) in paragraph (b), after "appoint" insert "or elect". (2) In clause 16(2) of Schedule 1 to the Federation University Australia Act 2010, after "appointment" (wherever occurring) insert "or election". -- 34 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 30 Authorised by the Chief Parliamentary Counsel Division 3—La Trobe University Act 2009 46 Definitions In section 3 of the La Trobe University Act 2009 insert the following definition— "elected member means a member of the Council referred to in section 11(4A);". 47 Council membership (1) For section 11(1) of the La Trobe University Act 2009 substitute— "(1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members; and (c) a minimum of one or any other greater fixed number of Council appointed members; and (d) the elected members.". (2) After section 11(4) of the La Trobe University Act 2009 insert— "(4A) The elected members are— (a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and (b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.". -- 35 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 31 Authorised by the Chief Parliamentary Counsel (3) After section 11(5) of the La Trobe University Act 2009 insert— "(5A) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". (4) In the note at the foot of section 11 of the La Trobe University Act 2009, for "76" substitute "11A". 48 New section 11A inserted After section 11 of the La Trobe University Act 2009 insert— "11A Council membership pending Order under section 63 (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being— (a) the official members; and (b) at least 4 government appointed members; and (c) at least 4 Council appointed members; and (d) the elected members. -- 36 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 32 Authorised by the Chief Parliamentary Counsel (2) The official members of the Council are— (a) the Chancellor; and (b) the Vice-Chancellor; and (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". -- 37 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 33 Authorised by the Chief Parliamentary Counsel 49 Specific subject matter for university statutes and university regulations In section 29(1) of the La Trobe University Act 2009— (a) for paragraph (u) substitute— "(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;"; (b) after paragraph (u) insert— "(ua) the elected members of the Council including— (i) fixing the number of each category of elected member; and (ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i); (ub) training and support of the members of the Council;". 50 Orders in Council In section 63(1)(a) of the La Trobe University Act 2009, for "a category of member" substitute "government appointed members and Council appointed members". 51 Repeal of section 76—Constitution of Council Section 76 of the La Trobe University Act 2009 is repealed. 52 Members of Council Section 78(2) of the La Trobe University Act 2009 is repealed. -- 38 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 34 Authorised by the Chief Parliamentary Counsel 53 New Division 4 of Part 8 inserted After Division 3 of Part 8 of the La Trobe University Act 2009 insert— "Division 4—Further transitional provisions 79 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day. (2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day. (3) Despite the commencement of Part 4 of the amending Act— (a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and (b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2). (4) On and from the commencement day— (a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the amending Act and no decision, matter or thing is affected by those changes; and -- 39 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 35 Authorised by the Chief Parliamentary Counsel (b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office. (5) In this section— amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015; commencement day means the day on which Part 4 of the amending Act comes into operation.". 54 Terms and conditions of office of Council members In clause 1(1) of the Schedule to the La Trobe University Act 2009— (a) in paragraph (b), for "effect." substitute "effect;"; (b) after paragraph (b) insert— "(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations; (d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.". -- 40 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 36 Authorised by the Chief Parliamentary Counsel 55 Members eligible for reappointment In clause 2(1) of the Schedule to the La Trobe University Act 2009, after "re-appointed" insert "or re-elected". 56 Filling of vacancies on retirement In clause 5 of the Schedule to the La Trobe University Act 2009, after "appointment" insert "or election". 57 New clauses 6 and 7 inserted in the Schedule After clause 5 of the Schedule to the La Trobe University Act 2009 insert— "6 Conduct of elections Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations. 7 Elected member vacancies taken to be casual vacancies (1) This clause applies if— (a) at any election for elected members of the Council— (i) no vacancies are filled; or (ii) a number of vacancies less than the whole number which should have been filled is filled; or (b) an election for elected members of the Council to fill vacancies should have been held but is not held. (2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies. -- 41 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 37 Authorised by the Chief Parliamentary Counsel (3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.". 58 Filling of casual vacancies generally (1) For clause 8(1) of the Schedule to the La Trobe University Act 2009 substitute— "(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.". (2) For clause 8(2) of the Schedule to the La Trobe University Act 2009 substitute— "(2) A person who is to be elected or appointed as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.". (3) For clause 8(3) of the Schedule to the La Trobe University Act 2009 substitute— "(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.". (4) In clause 8(4) of the Schedule to the La Trobe University Act 2009, for "appointed" substitute "elected or appointed". (5) For clause 8(5) of the Schedule to the La Trobe University Act 2009 substitute— "(5) Despite subclause (4), it is not obligatory to fill a casual vacancy for the remainder of the term if— -- 42 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 38 Authorised by the Chief Parliamentary Counsel (a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office; (b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.". 59 Chairperson In clause 10(b) of the Schedule to the La Trobe University Act 2009, after "elect a" insert "government appointed member or Council appointed member as". 60 Validation of acts or decisions despite vacancy or disqualification (1) In clause 16(1) of the Schedule to the La Trobe University Act 2009— (a) in paragraph (a), after "appointment" insert "or election"; (b) in paragraph (b), after "appoint" insert "or elect". (2) In clause 16(2) of the Schedule to the La Trobe University Act 2009, after "appointment" (wherever occurring) insert "or election". 61 Statute law revision amendment In section 5(f) of the La Trobe University Act 2009, for "Straight" (where twice occurring) substitute "Strait". Division 4—Monash University Act 2009 62 Definitions In section 3 of the Monash University Act 2009 insert the following definition— -- 43 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 39 Authorised by the Chief Parliamentary Counsel "elected member means a member of the Council referred to in section 11(4A);". 63 Council membership (1) For section 11(1) of the Monash University Act 2009 substitute— "(1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members; and (c) a minimum of one or any other greater fixed number of Council appointed members; and (d) the elected members.". (2) After section 11(4) of the Monash University Act 2009 insert— "(4A) The elected members are— (a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and (b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.". (3) After section 11(5) of the Monash University Act 2009 insert— "(5A) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and -- 44 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 40 Authorised by the Chief Parliamentary Counsel (b) one must be a person with commercial expertise at a senior level.". (4) In the note at the foot of section 11 of the Monash University Act 2009, for "77" substitute "11A". 64 New section 11A inserted After section 11 of the Monash University Act 2009 insert— "11A Council membership pending Order under section 63 (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being— (a) the official members; and (b) at least 4 government appointed members; and (c) at least 4 Council appointed members; and (d) the elected members. (2) The official members of the Council are— (a) the Chancellor; and (b) the Vice-Chancellor; and (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). -- 45 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 41 Authorised by the Chief Parliamentary Counsel (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". 65 Specific subject matter for university statutes and university regulations In section 29(1) of the Monash University Act 2009— (a) for paragraph (t) substitute— "(t) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;"; (b) after paragraph (t) insert— "(ta) the elected members of the Council including— (i) fixing the number of each category of elected member; and (ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i); -- 46 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 42 Authorised by the Chief Parliamentary Counsel (tb) training and support of the members of the Council;". 66 Orders in Council In section 63(1)(a) of the Monash University Act 2009, for "a category of member" substitute "government appointed members and Council appointed members". 67 Repeal of section 77—Constitution of Council Section 77 of the Monash University Act 2009 is repealed. 68 Members of Council Section 79(2) of the Monash University Act 2009 is repealed. 69 New Division 4 of Part 8 inserted After Division 3 of Part 8 of the Monash University Act 2009 insert— "Division 4—Further transitional provisions 80 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day. (2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day. -- 47 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 43 Authorised by the Chief Parliamentary Counsel (3) Despite the commencement of Part 4 of the amending Act— (a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and (b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2). (4) On and from the commencement day— (a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the amending Act and no decision, matter or thing is affected by those changes; and (b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office. (5) In this section— amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015; commencement day means the day on which Part 4 of the amending Act comes into operation.". -- 48 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 44 Authorised by the Chief Parliamentary Counsel 70 Terms and conditions of office of Council members In clause 1(1) of Schedule 1 to the Monash University Act 2009— (a) in paragraph (b), for "effect." substitute "effect;"; (b) after paragraph (b) insert— "(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations; (d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.". 71 Members eligible for reappointment In clause 2(1) of Schedule 1 to the Monash University Act 2009, after "re-appointed" insert "or re-elected". 72 Filling of vacancies on retirement In clause 5 of Schedule 1 to the Monash University Act 2009, after "appointment" insert "or election". -- 49 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 45 Authorised by the Chief Parliamentary Counsel 73 New clauses 6 and 7 inserted in Schedule 1 After clause 5 of Schedule 1 to the Monash University Act 2009 insert— "6 Conduct of elections Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations. 7 Elected member vacancies taken to be casual vacancies (1) This clause applies if— (a) at any election for elected members of the Council— (i) no vacancies are filled; or (ii) a number of vacancies less than the whole number which should have been filled is filled; or (b) an election for elected members of the Council to fill vacancies should have been held but is not held. (2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies. (3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.". -- 50 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 46 Authorised by the Chief Parliamentary Counsel 74 Filling of casual vacancies generally (1) For clause 8(1) of Schedule 1 to the Monash University Act 2009 substitute— "(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.". (2) For clause 8(2) of Schedule 1 to the Monash University Act 2009 substitute— "(2) A person who is to be elected or appointed as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.". (3) For clause 8(3) of Schedule 1 to the Monash University Act 2009 substitute— "(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.". (4) In clause 8(4) of Schedule 1 to the Monash University Act 2009, for "appointed" substitute "elected or appointed". (5) For clause 8(5) of Schedule 1 to the Monash University Act 2009 substitute— "(5) Despite subclause (4), it is not obligatory to fill a casual vacancy for the remainder of the term if— (a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office; -- 51 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 47 Authorised by the Chief Parliamentary Counsel (b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.". 75 Chairperson In clause 10(b) of Schedule 1 to the Monash University Act 2009, after "elect a" insert "government appointed member or Council appointed member as". 76 Validation of acts or decisions despite vacancy or disqualification (1) In clause 16(1) of Schedule 1 to the Monash University Act 2009— (a) in paragraph (a), after "appointment" insert "or election"; (b) in paragraph (b), after "appoint" insert "or elect". (2) In clause 16(2) of Schedule 1 to the Monash University Act 2009, after "appointment" (wherever occurring) insert "or election". Division 5—Royal Melbourne Institute of Technology Act 2010 77 Definitions In section 3 of the Royal Melbourne Institute of Technology Act 2010 insert the following definition— "elected member means a member of the Council referred to in section 11(4A);". -- 52 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 48 Authorised by the Chief Parliamentary Counsel 78 Council membership (1) For section 11(1) of the Royal Melbourne Institute of Technology Act 2010 substitute— "(1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members; and (c) a minimum of one or any other greater fixed number of Council appointed members; and (d) the elected members.". (2) After section 11(4) of the Royal Melbourne Institute of Technology Act 2010 insert— "(4A) The elected members are— (a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and (b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.". (3) After section 11(5) of the Royal Melbourne Institute of Technology Act 2010 insert— "(5A) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". -- 53 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 49 Authorised by the Chief Parliamentary Counsel (4) In the note at the foot of section 11 of the Royal Melbourne Institute of Technology Act 2010, for "76" substitute "11A". 79 New section 11A inserted After section 11 of the Royal Melbourne Institute of Technology Act 2010 insert— "11A Council membership pending Order under section 63 (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being— (a) the official members; and (b) at least 4 government appointed members; and (c) at least 4 Council appointed members; and (d) the elected members. (2) The official members of the Council are— (a) the Chancellor; and (b) the Vice-Chancellor; and (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). -- 54 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 50 Authorised by the Chief Parliamentary Counsel (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". 80 Specific subject matter for university statutes and university regulations In section 29(1) of the Royal Melbourne Institute of Technology Act 2010— (a) for paragraph (u) substitute— "(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;"; (b) after paragraph (u) insert— "(ua) the elected members of the Council including— (i) fixing the number of each category of elected member; and (ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i); -- 55 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 51 Authorised by the Chief Parliamentary Counsel (ub) training and support of the members of the Council;". 81 Orders in Council In section 63(1)(a) of the Royal Melbourne Institute of Technology Act 2010, for "a category of member" substitute "government appointed members and Council appointed members". 82 Repeal of section 76—Constitution of Council Section 76 of the Royal Melbourne Institute of Technology Act 2010 is repealed. 83 Members of Council Section 78(2) of the Royal Melbourne Institute of Technology Act 2010 is repealed. 84 New Division 4 of Part 8 inserted After Division 3 of Part 8 of the Royal Melbourne Institute of Technology Act 2010 insert— "Division 4—Further transitional provisions 79 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day. (2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day. -- 56 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 52 Authorised by the Chief Parliamentary Counsel (3) Despite the commencement of Part 4 of the amending Act— (a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and (b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2). (4) On and from the commencement day— (a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the amending Act and no decision, matter or thing is affected by those changes; and (b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office. (5) In this section— amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015; commencement day means the day on which Part 4 of the amending Act comes into operation.". -- 57 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 53 Authorised by the Chief Parliamentary Counsel 85 Terms and conditions of office of Council members In clause 1(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010— (a) in paragraph (b), for "effect." substitute "effect;"; (b) after paragraph (b) insert— "(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations; (d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.". 86 Members eligible for reappointment In clause 2(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, after "re-appointed" insert "or re-elected". 87 Filling of vacancies on retirement In clause 5 of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, after "appointment" insert "or election". -- 58 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 54 Authorised by the Chief Parliamentary Counsel 88 New clauses 6 and 7 inserted in Schedule 1 After clause 5 of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 insert— "6 Conduct of elections Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations. 7 Elected member vacancies taken to be casual vacancies (1) This clause applies if— (a) at any election for elected members of the Council— (i) no vacancies are filled; or (ii) a number of vacancies less than the whole number which should have been filled is filled; or (b) an election for elected members of the Council to fill vacancies should have been held but is not held. (2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies. (3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.". -- 59 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 55 Authorised by the Chief Parliamentary Counsel 89 Filling of casual vacancies generally (1) For clause 8(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 substitute— "(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.". (2) For clause 8(2) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 substitute— "(2) A person who is to be elected or appointed as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.". (3) For clause 8(3) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 substitute— "(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.". (4) In clause 8(4) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, for "appointed" substitute "elected or appointed". (5) For clause 8(5) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 substitute— "(5) Despite subclause (4), it is not obligatory to fill a casual vacancy for the remainder of the term if— -- 60 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 56 Authorised by the Chief Parliamentary Counsel (a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office; (b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.". 90 Chairperson In clause 10(b) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, after "elect a" insert "government appointed member or Council appointed member as". 91 Validation of acts or decisions despite vacancy or disqualification (1) In clause 16(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010— (a) in paragraph (a), after "appointment" insert "or election"; (b) in paragraph (b), after "appoint" insert "or elect". (2) In clause 16(2) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, after "appointment" (wherever occurring) insert "or election". Division 6—Swinburne University of Technology Act 2010 92 Definitions In section 3 of the Swinburne University of Technology Act 2010 insert the following definition— "elected member means a member of the Council referred to in section 11(4A);". -- 61 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 57 Authorised by the Chief Parliamentary Counsel 93 Council membership (1) For section 11(1) of the Swinburne University of Technology Act 2010 substitute— "(1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members; and (c) a minimum of one or any other greater fixed number of Council appointed members; and (d) the elected members.". (2) After section 11(4) of the Swinburne University of Technology Act 2010 insert— "(4A) The elected members are— (a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and (b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.". (3) After section 11(5) of the Swinburne University of Technology Act 2010 insert— "(5A) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". -- 62 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 58 Authorised by the Chief Parliamentary Counsel (4) In the note at the foot of section 11 of the Swinburne University of Technology Act 2010, for "76" substitute "11A". 94 New section 11A inserted After section 11 of the Swinburne University of Technology Act 2010 insert— "11A Council membership pending Order under section 63 (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being— (a) the official members; and (b) at least 4 government appointed members; and (c) at least 4 Council appointed members; and (d) the elected members. (2) The official members of the Council are— (a) the Chancellor; and (b) the Vice-Chancellor; and (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. -- 63 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 59 Authorised by the Chief Parliamentary Counsel (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". 95 Specific subject matter for university statutes and university regulations In section 29(1) of the Swinburne University of Technology Act 2010— (a) for paragraph (u) substitute— "(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;"; (b) after paragraph (u) insert— "(ua) the elected members of the Council including— (i) fixing the number of each category of elected member; and (ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i); (ub) training and support of the members of the Council;". -- 64 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 60 Authorised by the Chief Parliamentary Counsel 96 Orders in Council In section 63(1)(a) of the Swinburne University of Technology Act 2010, for "a category of member" substitute "government appointed members and Council appointed members". 97 Repeal of section 76—Constitution of Council Section 76 of the Swinburne University of Technology Act 2010 is repealed. 98 Members of Council Section 78(2) of the Swinburne University of Technology Act 2010 is repealed. 99 New Division 4 of Part 8 inserted After Division 3 of Part 8 of the Swinburne University of Technology Act 2010 insert— "Division 4—Further transitional provisions 79 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day. (2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day. (3) Despite the commencement of Part 4 of the amending Act— (a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and -- 65 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 61 Authorised by the Chief Parliamentary Counsel (b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2). (4) On and from the commencement day— (a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the amending Act and no decision, matter or thing is affected by those changes; and (b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office. (5) In this section— amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015; commencement day means the day on which Part 4 of the amending Act comes into operation.". 100 Terms and conditions of office of Council members In clause 1(1) of Schedule 1 to the Swinburne University of Technology Act 2010— (a) in paragraph (b), for "effect." substitute "effect;"; -- 66 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 62 Authorised by the Chief Parliamentary Counsel (b) after paragraph (b) insert— "(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations; (d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.". 101 Members eligible for reappointment In clause 2(1) of Schedule 1 to the Swinburne University of Technology Act 2010, after "re-appointed" insert "or re-elected". 102 Filling of vacancies on retirement In clause 5 of Schedule 1 to the Swinburne University of Technology Act 2010, after "appointment" insert "or election". 103 New clauses 6 and 7 inserted in Schedule 1 After clause 5 of Schedule 1 to the Swinburne University of Technology Act 2010 insert— "6 Conduct of elections Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations. -- 67 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 63 Authorised by the Chief Parliamentary Counsel 7 Elected member vacancies taken to be casual vacancies (1) This clause applies if— (a) at any election for elected members of the Council— (i) no vacancies are filled; or (ii) a number of vacancies less than the whole number which should have been filled is filled; or (b) an election for elected members of the Council to fill vacancies should have been held but is not held. (2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies. (3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.". 104 Filling of casual vacancies generally (1) For clause 8(1) of Schedule 1 to the Swinburne University of Technology Act 2010 substitute— "(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.". (2) For clause 8(2) of Schedule 1 to the Swinburne University of Technology Act 2010 substitute— "(2) A person who is to be elected or appointed as a member of the Council must have the like eligibility or qualification (if any) as that of -- 68 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 64 Authorised by the Chief Parliamentary Counsel the member whose office has become vacant.". (3) For clause 8(3) of Schedule 1 to the Swinburne University of Technology Act 2010 substitute— "(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.". (4) In clause 8(4) of Schedule 1 to the Swinburne University of Technology Act 2010, for "appointed" substitute "elected or appointed". (5) For clause 8(5) of Schedule 1 to the Swinburne University of Technology Act 2010 substitute— "(5) Despite subclause (4), it is not obligatory to fill a casual vacancy for the remainder of the term if— (a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office; (b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.". 105 Chairperson In clause 10(b) of Schedule 1 to the Swinburne University of Technology Act 2010, after "elect a" insert "government appointed member or Council appointed member as". -- 69 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 65 Authorised by the Chief Parliamentary Counsel 106 Validation of acts or decisions despite vacancy or disqualification (1) In clause 16(1) of Schedule 1 to the Swinburne University of Technology Act 2010— (a) in paragraph (a), after "appointment" insert "or election"; (b) in paragraph (b), after "appoint" insert "or elect". (2) In clause 16(2) of Schedule 1 to the Swinburne University of Technology Act 2010, after "appointment" (wherever occurring) insert "or election". Division 7—University of Melbourne Act 2009 107 Definitions In section 3 of the University of Melbourne Act 2009 insert the following definition— "elected member means a member of the Council referred to in section 11(4A);". 108 Council membership (1) For section 11(1) of the University of Melbourne Act 2009 substitute— "(1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members; and (c) a minimum of one or any other greater fixed number of Council appointed members; and (d) the elected members.". -- 70 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 66 Authorised by the Chief Parliamentary Counsel (2) After section 11(4) of the University of Melbourne Act 2009 of the University of Melbourne Act 2009 insert— "(4A) The elected members are— (a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and (b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.". (3) After section 11(5) of the University of Melbourne Act 2009 insert— "(5A) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". (4) In the note at the foot of section 11 of the University of Melbourne Act 2009, for "80" substitute "11A". 109 New section 11A inserted After section 11 of the University of Melbourne Act 2009 insert— "11A Council membership pending Order under section 63 (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being— -- 71 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 67 Authorised by the Chief Parliamentary Counsel (a) the official members; and (b) at least 4 government appointed members; and (c) at least 4 Council appointed members; and (d) the elected members. (2) The official members of the Council are— (a) the Chancellor; and (b) the Vice-Chancellor; and (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". -- 72 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 68 Authorised by the Chief Parliamentary Counsel 110 Specific subject matter for university statutes and university regulations In section 29(1) of the University of Melbourne Act 2009— (a) for paragraph (u) substitute— "(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;"; (b) after paragraph (u) insert— "(ua) the elected members of the Council including— (i) fixing the number of each category of elected member; and (ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i); (ub) training and support of the members of the Council;". 111 Orders in Council In section 63(1)(a) of the University of Melbourne Act 2009, for "a category of member" substitute "government appointed members and Council appointed members". 112 Repeal of section 80—Constitution of Council Section 80 of the University of Melbourne Act 2009 is repealed. 113 Members of Council Section 82(2) of the University of Melbourne Act 2009 is repealed. -- 73 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 69 Authorised by the Chief Parliamentary Counsel 114 New Division 5 of Part 8 inserted After Division 4 of Part 8 of the University of Melbourne Act 2009 insert— "Division 5—Further transitional provisions 83 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day. (2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day. (3) Despite the commencement of Part 4 of the amending Act— (a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and (b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2). (4) On and from the commencement day— (a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the amending Act and no decision, matter or thing is affected by those changes; and -- 74 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 70 Authorised by the Chief Parliamentary Counsel (b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office. (5) In this section— amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015; commencement day means the day on which Part 4 of the amending Act comes into operation.". 115 Terms and conditions of office of Council members In clause 1(1) of Schedule 1 to the University of Melbourne Act 2009— (a) in paragraph (b), for "effect." substitute "effect;"; (b) after paragraph (b) insert— "(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations; (d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.". -- 75 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 71 Authorised by the Chief Parliamentary Counsel 116 Members eligible for reappointment In clause 2(1) of Schedule 1 to the University of Melbourne Act 2009, after "re-appointed" insert "or re-elected". 117 Filling of vacancies on retirement In clause 5 of Schedule 1 to the University of Melbourne Act 2009, after "appointment" insert "or election". 118 New clauses 6 and 7 inserted in Schedule 1 After clause 5 of Schedule 1 to the University of Melbourne Act 2009 insert— "6 Conduct of elections Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations. 7 Elected member vacancies taken to be casual vacancies (1) This clause applies if— (a) at any election for elected members of the Council— (i) no vacancies are filled; or (ii) a number of vacancies less than the whole number which should have been filled is filled; or (b) an election for elected members of the Council to fill vacancies should have been held but is not held. (2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies. -- 76 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 72 Authorised by the Chief Parliamentary Counsel (3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.". 119 Filling of casual vacancies generally (1) For clause 8(1) of Schedule 1 to the University of Melbourne Act 2009 substitute— "(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.". (2) For clause 8(2) of Schedule 1 to the University of Melbourne Act 2009 substitute— "(2) A person who is to be elected or appointed as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.". (3) For clause 8(3) of Schedule 1 to the University of Melbourne Act 2009 substitute— "(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.". (4) In clause 8(4) of Schedule 1 to the University of Melbourne Act 2009, for "appointed" substitute "elected or appointed". (5) For clause 8(5) of Schedule 1 to the University of Melbourne Act 2009 substitute— "(5) Despite subclause (4), it is not obligatory to fill a casual vacancy for the remainder of the term if— -- 77 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 73 Authorised by the Chief Parliamentary Counsel (a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office; (b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.". 120 Chairperson In clause 10(b) of Schedule 1 to the University of Melbourne Act 2009, after "elect a" insert "government appointed member or Council appointed member as". 121 Validation of acts or decisions despite vacancy or disqualification (1) In clause 16(1) of Schedule 1 to the University of Melbourne Act 2009— (a) in paragraph (a), after "appointment" insert "or election"; (b) in paragraph (b), after "appoint" insert "or elect". (2) In clause 16(2) of Schedule 1 to the University of Melbourne Act 2009, after "appointment" (wherever occurring) insert "or election". Division 8—Victoria University Act 2010 122 Definitions In section 3 of the Victoria University Act 2010 insert the following definition— "elected member means a member of the Council referred to in section 11(4A);". -- 78 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 74 Authorised by the Chief Parliamentary Counsel 123 Council membership (1) For section 11(1) of the Victoria University Act 2010 substitute— "(1) The Council consists of the fixed number of members being— (a) the official members; and (b) a fixed number of at least 4 government appointed members; and (c) a minimum of one or any other greater fixed number of Council appointed members; and (d) the elected members.". (2) After section 11(4) of the Victoria University Act 2010 insert— "(4A) The elected members are— (a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and (b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.". (3) After section 11(5) of the Victoria University Act 2010 insert— "(5A) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". -- 79 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 75 Authorised by the Chief Parliamentary Counsel (4) In the note at the foot of section 11 of the Victoria University Act 2010, for "76" substitute "11A". 124 New section 11A inserted After section 11 of the Victoria University Act 2010 insert— "11A Council membership pending Order under section 63 (1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being— (a) the official members; and (b) at least 4 government appointed members; and (c) at least 4 Council appointed members; and (d) the elected members. (2) The official members of the Council are— (a) the Chancellor; and (b) the Vice-Chancellor; and (c) the president (however designated) of the academic board or its equivalent. (3) The government appointed members are— (a) at least 3 persons appointed by the Governor in Council under section 12(1); and (b) one person appointed by the Minister under section 12(2). (4) The Council appointed members are the persons appointed by the Council under section 13. -- 80 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 76 Authorised by the Chief Parliamentary Counsel (5) The number of government appointed members must be equal to or greater than the number of Council appointed members. (6) Of the members referred to in subsection (1)(b) and (c)— (a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and (b) one must be a person with commercial expertise at a senior level.". 125 Specific subject matter for university statutes and university regulations In section 29(1) of the Victoria University Act 2010— (a) for paragraph (u) substitute— "(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;"; (b) after paragraph (u) insert— "(ua) the elected members of the Council including— (i) fixing the number of each category of elected member; and (ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i); (ub) training and support of the members of the Council;". -- 81 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 77 Authorised by the Chief Parliamentary Counsel 126 Orders in Council In section 63(1)(a) of the Victoria University Act 2010, for "a category of member" substitute "government appointed members and Council appointed members". 127 Repeal of section 76—Constitution of Council Section 76 of the Victoria University Act 2010 is repealed. 128 Members of Council Section 78(2) of the Victoria University Act 2010 is repealed. 129 New Division 4 of Part 8 inserted After Division 3 of Part 8 of the Victoria University Act 2010 insert— "Division 4—Further transitional provisions 79 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day. (2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day. (3) Despite the commencement of Part 4 of the amending Act— (a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and -- 82 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 78 Authorised by the Chief Parliamentary Counsel (b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2). (4) On and from the commencement day— (a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the amending Act and no decision, matter or thing is affected by those changes; and (b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office. (5) In this section— amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015; commencement day means the day on which Part 4 of the amending Act comes into operation.". 130 Terms and conditions of office of Council members In clause 1(1) of Schedule 1 to the Victoria University Act 2010— (a) in paragraph (b), for "effect." substitute "effect;"; -- 83 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 79 Authorised by the Chief Parliamentary Counsel (b) after paragraph (b) insert— "(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations; (d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.". 131 Members eligible for reappointment In clause 2(1) of Schedule 1 to the Victoria University Act 2010, after "re-appointed" insert "or re-elected". 132 Filling of vacancies on retirement In clause 5 of Schedule 1 to the Victoria University Act 2010, after "appointment" insert "or election". 133 New clauses 6 and 7 inserted in Schedule 1 After clause 5 of Schedule 1 to the Victoria University Act 2010 insert— "6 Conduct of elections Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations. -- 84 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 80 Authorised by the Chief Parliamentary Counsel 7 Elected member vacancies taken to be casual vacancies (1) This clause applies if— (a) at any election for elected members of the Council— (i) no vacancies are filled; or (ii) a number of vacancies less than the whole number which should have been filled is filled; or (b) an election for elected members of the Council to fill vacancies should have been held but is not held. (2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies. (3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.". 134 Filling of casual vacancies generally (1) For clause 8(1) of Schedule 1 to the Victoria University Act 2010 substitute— "(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.". (2) For clause 8(2) of Schedule 1 to the Victoria University Act 2010 substitute— "(2) A person who is to be elected or appointed as a member of the Council must have the like eligibility or qualification (if any) as that of -- 85 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 81 Authorised by the Chief Parliamentary Counsel the member whose office has become vacant.". (3) For clause 8(3) of Schedule 1 to the Victoria University Act 2010 substitute— "(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.". (4) In clause 8(4) of Schedule 1 to the Victoria University Act 2010, for "appointed" substitute "elected or appointed". (5) For clause 8(5) of Schedule 1 to the Victoria University Act 2010 substitute— "(5) Despite subclause (4), it is not obligatory to fill a casual vacancy for the remainder of the term if— (a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office; (b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.". 135 Chairperson In clause 10(b) of Schedule 1 to the Victoria University Act 2010, after "elect a" insert "government appointed member or Council appointed member as". -- 86 of 89 -- Part 4—Amendment of university Acts Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 82 Authorised by the Chief Parliamentary Counsel 136 Validation of acts or decisions despite vacancy or disqualification (1) In clause 16(1) of Schedule 1 to the Victoria University Act 2010— (a) in paragraph (a), after "appointment" insert "or election"; (b) in paragraph (b), after "appoint" insert "or elect". (2) In clause 16(2) of Schedule 1 to the Victoria University Act 2010, after "appointment" (wherever occurring) insert "or election". -- 87 of 89 -- Part 5—Repeal of amending Act Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 83 Authorised by the Chief Parliamentary Counsel Part 5—Repeal of amending Act 137 Repeal of amending Act This Act is repealed on 1 September 2017. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 88 of 89 -- Endnotes Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 No. 69 of 2015 84 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 21 October 2015 Legislative Council: 26 November 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 in relation to the constitution of boards of TAFE institutes and to amend various university Acts in relation to the constitution of councils of universities and for other purposes." -- 89 of 89 --