Melbourne University (Victorian College of the Arts) Act 2006

i Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—INTEGRATION 3 3. Definitions 3 4. Abolition of the College 3 5. Transfer of assets and liabilities of the College 4 6. Gifts, trusts etc. 6 7. Staff of the College 7 8. Students of the College 8 9. Statutes and regulations of the College 9 10. Powers of the College 10 PART 3—CONSEQUENTIAL AND OTHER AMENDMENTS 11 11. Repeal 11 12. Amendment of the Melbourne University Act 1958 11 29A. Establishment of the Faculty of the Victorian College of the Arts 11 ═══════════════ ENDNOTES 13 -- 1 of 14 -- 1 Melbourne University (Victorian College of the Arts) Act 2006 † [Assented to 29 August 2006] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to provide for the integration of the Victorian College of the Arts with the University of Melbourne; and Victoria No. 62 of 2006 -- 2 of 14 -- Part 1—Preliminary Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 2 (b) to establish a faculty of the University of Melbourne to be called the "Faculty of the Victorian College of the Arts". 2. Commencement (1) This Part comes into operation on the day after the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on 1 January 2007. __________________ s. 2 -- 3 of 14 -- Part 2—Integration Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 3 PART 2—INTEGRATION 3. Definitions In this Part— "award course" means a course at the College which is approved as an award course by the academic board of the University; "the College" means the Victorian College of the Arts incorporated under the Victorian College of the Arts Act 1981; "the University" means The University of Melbourne within the meaning of the Melbourne University Act 1958. 4. Abolition of the College On 1 January 2007— (a) the College is abolished; (b) a person holding office as a member of the Council of the College immediately before that date ceases to hold that office; (c) a person holding office as the President of the College or the Deputy President of the College immediately before that date ceases to hold that office; (d) any committee constituted and appointed by the Council of the College is abolished; (e) a person holding office as a member of a committee referred to in paragraph (d) immediately before that date ceases to hold that office; (f) the Board of Studies of the College is abolished; s. 3 -- 4 of 14 -- Part 2—Integration Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 4 (g) a person holding office as a member of the Board of Studies of the College immediately before that date ceases to hold that office. 5. Transfer of assets and liabilities of the College Subject to this Act, on and from 1 January 2007— (a) the University is the successor in law of the College; and (b) the assets and rights of the College vest in the University; and (c) the liabilities and obligations of the College become liabilities or obligations of the University; and (d) any scholarship, prize or bursary of a continuing nature administered by the College or its Council and existing immediately before 1 January 2007 shall be administered by the University, but otherwise in accordance with the terms and conditions to which it was subject immediately before that date; and (e) all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments (except contracts, agreements or arrangements relating to the members of staff of the College referred to in section 7) made or entered into by, on behalf of, or in relation to the College or its Council and in force immediately before 1 January 2007 have effect as if made or entered into by, on behalf of, or in relation to, the University; and s. 5 -- 5 of 14 -- Part 2—Integration Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 5 (f) all actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before 1 January 2007 by, against, or in relation to the College or its Council have effect as if they were proceedings by, against, or in relation to the University, and may be continued and completed accordingly; and (g) any permit, licence or authority issued or granted to the College or its Council by or under any Act continues to operate, despite anything in this Act, in favour of the University in the same way and to the same extent as it operated in favour of the College or its Council; and (h) unless the contrary intention appears, a reference to the College or to the Council of the College is deemed to be a reference to the University if the reference— (i) is in an Act, other than this Act, a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984, a judgment or order or any other document whatsoever; and (ii) is in relation to a period occurring on or after 1 January 2007; and (i) all records and documents of the College or its Council become the property of the University. s. 5 -- 6 of 14 -- Part 2—Integration Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 6 6. Gifts, trusts etc. If— (a) before, on or after 1 January 2007— (i) a gift, disposition or trust of property is made or declared or is deemed to have been made or declared; or (ii) a trust fund is created— (whether by deed, will or otherwise) to, in favour of, for the use of, or for the purposes of the College; and (b) the gift, disposition, trust or trust fund takes effect, or may take effect, or the trust fund may be applied, on or after 1 January 2007— the gift, disposition, trust or trust fund does not fail only because of the provisions of this Act but, in relation to any other matter occurring on or after 1 January 2007— (c) in the case of a gift, disposition or trust of property, takes effect as if made or declared to or in favour of the University for a purpose of the University that corresponds with, or is similar to, those purposes of the College for which it was made or declared; or (d) in the case of a trust fund, may be applied as if created in favour of the University for a purpose of the University that corresponds with, or is similar to, those purposes of the College for which the fund was created. s. 6 -- 7 of 14 -- Part 2—Integration Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 7 7. Staff of the College (1) On 1 January 2007, a person who, immediately before that date, was a member of the staff employed by the College or its Council and who, but for this Act, would have continued to be a member of staff employed by the College or its Council becomes a member of the staff of the University. (2) A person who becomes a member of the staff of the University under sub-section (1)— (a) is a member of the staff of the University on terms and conditions (including remuneration) that are no less favourable in aggregate than those applying to the person as a member of the staff of the College immediately before 1 January 2007; and (b) continues to have the benefit of all entitlements (including all entitlements arising from recognition of prior service with other bodies) accrued in respect of the person's appointment by the College before 1 January 2007. (3) A person transferred under sub-section (1) who, immediately before the transfer, was an officer within the meaning of the State Superannuation Act 1988, continues, subject to that Act, to be an officer within the meaning of that Act, while the person continues as a member of staff of the University. s. 7 -- 8 of 14 -- Part 2—Integration Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 8 8. Students of the College (1) On 1 January 2007, a person who, immediately before that date, was a student of the College enrolled in a course other than an award course becomes a student of the University. (2) A person who, immediately before 1 January 2007, was entitled to enrol as a student of the College in a course other than an award course is entitled to apply for enrolment as a student of the University in a course of study that is the same or substantially the same as that in which the person was entitled to enrol at the College. (3) Despite anything to the contrary in the Melbourne University Act 1958— (a) statutes or regulations made under that Act by the Council of the University may authorise the Council, at the request of a person who becomes a student of the University by reason of sub-section (1), to grant to the student, subject to and in accordance with the statutes and regulations, a diploma, certificate or other award which the student is entitled to have granted before a date specified in the statute or regulation under a name that includes the title of the award and the words "Victorian College of the Arts"; and (b) the powers of the Council of the University under section 19 of that Act extend to the granting of any diploma, certificate or other award on a person who becomes an enrolled student of the University by reason of sub- section (1) that the College might have granted to the person if this Act had not been enacted; and s. 8 -- 9 of 14 -- Part 2—Integration Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 9 (c) a person who holds a diploma, certificate or other award of the College is entitled to the same benefits and privileges at the University as are enjoyed by persons holding diplomas, certificates or other awards of the University, as if the diploma, certificate or award of the College were a diploma, certificate or award of the University. (4) If a person was, before 1 January 2007, entitled to a diploma, certificate or other award of the College that had not been granted, the diploma, certificate or award must be granted by the Council of the University and, for that purpose, the Council may exercise in the name of the College any power that the Council of the College might have exercised before 1 January 2007 in respect of that diploma, certificate or award. 9. Statutes and regulations of the College (1) The statutes and regulations of the College in force immediately before 1 January 2007, to the extent to which they could be made as statutes or regulations of the University and are not inconsistent with any statutes or regulations so made, continue to have effect as if made as statutes or regulations, as the case may be, of the University. (2) Statutes and regulations continued in force under sub-section (1) may be amended or revoked as if they were statutes made by the Council of the University or regulations made under a statute by the University. s. 9 -- 10 of 14 -- Part 2—Integration Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 10 10. Powers of the College Despite anything to the contrary in the constitution of the College or its Council, the College is deemed to have, and always to have had, power to do all things it is authorised or empowered to do under and for the purposes of this Act or necessary or expedient to be done for the purposes of the integration with the University in accordance with this Act. __________________ s. 10 -- 11 of 14 -- Part 3—Consequential and Other Amendments Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 11 PART 3—CONSEQUENTIAL AND OTHER AMENDMENTS 11. Repeal The Victorian College of the Arts Act 1981 is repealed. 12. Amendment of the Melbourne University Act 1958 In Division 5 of Part I of the Melbourne University Act 1958, after section 29 insert— '29A. Establishment of the Faculty of the Victorian College of the Arts (1) Despite section 29(1)(a), there is established a faculty to be known as the "Faculty of the Victorian College of the Arts". (2) The faculty— (a) shall have the powers and duties that are respectively conferred or imposed on it by the statutes of the University; and (b) shall consist of those persons who are declared by the statutes of the University to be members of the faculty. (3) The first statute made in respect of all the matters referred to in sub-section (2) must be made not later than 1 July 2007. s. 11 See: Act No. 9566. Reprint No. 3 as at 1 August 2003 and amending Act Nos 40/2005 and 24/2006. LawToday: www.dms. dpc.vic. gov.au See: Act No. 6405. Reprint No. 6 as at 1 August 2003 and amending Act No. 40/2005. LawToday: www.dms. dpc.vic. gov.au -- 12 of 14 -- Part 3—Consequential and Other Amendments Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 12 (4) Subject to this section, the faculty is to be taken to be a faculty established in accordance with section 29. (5) The objects of the faculty are— (a) to foster the development and improvement of, and to provide for education in, the creative, performing and other arts, and for general education for people undertaking courses in those arts; (b) to advance learning, knowledge, appreciation and competence in activities primarily or substantially directed to the creation, design, composition, interpretation, display, publication, performance or management of works of an aesthetic nature and of their conservation and elucidation; (c) to organise, conduct and participate in public performances, exhibitions, conferences, lectures, demonstrations, experiments, training and other activities relating to the arts; (d) to promote critical enquiry within the College and in the general community; (e) to consult and collaborate in the interests of the community with other arts organisations and people.'. ═══════════════ s. 12 -- 13 of 14 -- Melbourne University (Victorian College of the Arts) Act 2006 Act No. 62/2006 13 ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 June 2006 Legislative Council: 23 August 2006 The long title for the Bill for this Act was "to provide for the integration of the Victorian College of the Arts with the University of Melbourne, to repeal the Victorian College of the Arts Act 1981, to amend the Melbourne University Act 1958 and for other purposes." Endnotes -- 14 of 14 --