Sunshine 1
Coast University College
SUNSHINE COAST UNIVERSITY
COLLEGE BILL 1994
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The objective of the Bill is to provide for the establishment of a new
University College on the Sunshine Coast. The Bill specifies the affiliation
arrangements between the University College and the Queensland
University of Technology and provides for a review of the affiliation
arrangements and the status of the University College as soon as possible
after 10 years from the commencement of the legislation.
Reasons for the Bill
A higher education institution can not be established as a university in
Queensland unless it is established under an Act of the Queensland
Parliament. In the interim phase of its development as a university, the
institution will operate under the legislation as a University College affiliated
with the Queensland University of Technology, until such time as it attains
full university status.
Estimated Cost for Government Implementation
There are no administrative costs for the Government to implement the
legislation. The Queensland Government has contributed $3.3 million
towards the development of the new University College by purchasing the
land and providing water and sewerage services to the site. The
Commonwealth Government is responsible for the remaining capital
development on the site and for the provision of student places.
2
Sunshine Coast University College
Consultation
All relevant Government Departments have been consulted as well as the
Commonwealth Department of Employment, Education and Training.
Consultation has occurred with chairs of relevant Shire or City Councils,
members of the Sunshine Coast community, Members of the Legislative
Assembly representing the Sunshine Coast region, the National Tertiary
Education Industry Union, the Queensland University of Technology, the
Sunshine Coast University Association, the Sunshine Coast University
College Planning Committee and the Parliamentary Legislation Committee
for Education.
NOTES ON PROVISIONS
Clause 1 provides for the short title of the Act.
Clause 2 provides that the Act commences on 1 July 1994, except for the
provisions relating to Convocation and the Union which commence on 1
January 1996 and provisions relating to the members of the Council (other
than the first Council) which commence on 1 July 1996. The clause also
provides that if necessary the Governor may by proclamation fix a day
sooner than 1 January 1996 for the provisions relating to Convocation and
the Union to commence and may by proclamation fix a day later than 1 July
1996 for the provisions relating to the members of the Council (other than
the first Council) to commence.
Clause 3 provides the meaning of various terms used in the Act.
Clause 4 provides the meaning of the term "academic staff".
Clause 5 provides that the University College is established and is a
corporation.
Clause 6 specifies the main functions of the University College.
Clause 7 specifies the general powers of the University College.
Clause 8 provides that the governing body ("the Council") of the
University College is established.
Clause 9 provides for the functions of the Council.
Clause 10 specifies the powers of the Council.
Clause 11 specifies the way the Council must act.
3
Sunshine Coast University College
Clause 12 provides for the Council to delegate its powers under the
legislation to certain persons and specifies the matters in relation to which
the Council must not delegate its powers.
Clause 13 specifies the composition of the Council.
Clause 14 specifies that persons in certain designated positions are the
official members of the Council.
Clause 15 provides that there are 8 appointed members on the Council
and that those members must be appointed by the Governor in Council.
Clause 16 provides that there are 8 elected members on the Council,
specifies the composition of those members, specifies how those members
are to be elected and provides that the Council may approve of the
Convocation appointing its elected members instead of electing them.
Clause 17 provides that the Council is taken to be constituted when it has
10 or more of its members.
Clause 18 provides that the Council may appoint 2 additional members
but an additional member must not be a member of the University
College's academic or full-time general staff or a student enrolled in the
University College.
Clause 19 provides that an appointed member's term of office is not
more than 3 years.
Clause 20 provides that an elected member's term of office is 3 years
and specifies when an elected member's term of office starts.
Clause 21 provides that an additional member's term of office is not
more than 3 years.
Clause 22 provides for a limitation on consecutive terms of office by
providing that a person must first obtain the Minister's approval before
serving more than 2 consecutive terms of office as an appointed or
additional or elected member of the same type.
Clause 23 provides that if an entity fails to elect or appoint, any or the
required number of persons as elected members by a day fixed by the
Council, the Minister may appoint to the Council as many members of the
entity as are necessary to satisfy the provisions of Clause 16 in relation to
the composition of the elected members.
4
Sunshine Coast University College
Clause 24 provides that when an appointed member temporarily cannot
perform the functions of the office, the Governor in Council may appoint a
person to act as an appointed member; when an additional member
temporarily cannot perform the functions of the office, the Council may
appoint a person to act as an additional member; and when an elected
member temporarily cannot perform the functions of the office, the entity
that elected or appointed the member may appoint a person to act as an
elected member.
Clause 25 provides that if there is a vacancy in the office of an appointed
member another person may be appointed by the Governor in Council; if
there is a vacancy in the office of an elected member appointed by the
Convocation, another eligible member of the Convocation may be elected or
appointed; and if there is a vacancy in the office of another elected member
another eligible person may be elected.
Clause 26 specifies the circumstances which make a person ineligible for
membership on the Council as an elected, appointed or additional member.
Clause 27 specifies under what circumstances the office of an elected,
appointed or additional member becomes vacant.
Clause 28 provides that the Chancellor is to preside at meetings of the
Council and if the Chancellor and Deputy Chancellor are both absent the
members present must elect a member to preside at the meeting.
Clause 29 specifies that a quorum exists at a meeting of the Council if
half the members are present.
Clause 30 provides that subject to requirements prescribed in the Bill the
Council may regulate its own proceedings as it considers appropriate.
Clause 31 provides for the position of Chancellor of the University
College; for the Chancellor to be elected by the Council; and for the
Chancellor's term of office to be fixed by the Council and to be no longer
than 5 years.
Clause 32 provides for the position of Deputy Chancellor of the
University College; for the Council to elect a member of the Council as
Deputy Chancellor; for the Deputy Chancellor's term of office to be 1 year
and for the Deputy Chancellor to act as Chancellor in certain circumstances.
Clause 33 provides for the position of Vice-Chancellor of the University
College; for the Council to appoint the Vice-Chancellor and to determine the
5
Sunshine Coast University College
Vice-Chancellor's terms of appointment and that to have legality the
appointment and the terms of appointment must be approved by the
Governor in Council. This clause also provides that the Vice-Chancellor is
the chief executive officer (accountable officer) of the University College
and that the Vice-Chancellor may delegate the legislative powers of the
Vice-Chancellor to a member of the University College's staff.
Clause 34 provides for the Council to appoint a person to act as Vice-
Chancellor in certain circumstances.
Clause 35 provides that the University College is affiliated with the
Queensland University of Technology.
Clause 36 provides that the University College and the Queensland
University of Technology must enter into an agreement about the terms of
affiliation.
Clause 37 specifies the purpose of the affiliation in connection with the
Commonwealth Government's current policies in relation to higher
education and provides that the Queensland University of Technology is to
help the University College become a provider of higher education in the
region served by the University College and specifies the main ways in
which that purpose is to be achieved.
Clause 38 provides that the Vice-Chancellor of the University College
may, under an agreement with the Vice-Chancellor of the Queensland
University of Technology, offer certain facilities for Queensland University
of Technology staff and students.
Clause 39 provides for the management of funds provided by the
Commonwealth Government to the Queensland University of Technology
for the University College and funds agreed between the Queensland State
Government and the Queensland University of Technology for the
University College, to be paid into a separate fund.
Clause 40 provides that if there is a dispute about any aspect of the
affiliation that cannot be resolved, either the Queensland University of
Technology or the University College may ask the Minister for Education
to resolve the dispute.
Clause 41 provides that a Convocation of the University College is
established; that the Council is to decide the membership of the
Convocation by making a University College statute and that the Council is
to decide certain matters in relation to the Convocation.
6
Sunshine Coast University College
Clause 42 provides that a University College Student Union is
established and is a corporation.
Clause 43 specifies the persons who are eligible to be members of the
Union.
Clause 44 provides that the Union's role and powers are decided by the
Council.
Clause 45 provides that although the Council decides the Union's role
and powers the Union is not the employee or agent of the Council.
Clause 46 specifies the general powers of the Union.
Clause 47 provides that the Union must have a written constitution; that
the constitution and each amendment must be submitted to the Council for
approval; and that the constitution or amendment has no legality until
approved by the Council.
Clause 48 provides that, under certain circumstances, the Council may
devise a scheme to use property held by the University College on terms
that require the property to be used for a particular purpose (the "donor's
purpose"), for another purpose (the "designated purpose").
Clause 49 specifies the type of purpose the Council must have preference
for in selecting a designated purpose.
Clause 50 provides that a scheme to use the property for a designated
purpose has no legality until it is approved by the Governor in Council and
notified in the Government and Gazette that a copy of the scheme must be
given to anybody who requests it.
Clause 51 provides that property that applies to an approved scheme
must be held by the University College for the designated purpose instead
of the donor's purpose.
Clause 52 provides that if an approved scheme applies to land, the
University College must give a copy of the approved scheme referred to in
clause 50 of the Bill, to the person responsible for keeping a register of
interests in the land.
Clause 53 provides for the amendment of an approved scheme.
Clause 54 clarifies that the Bill does not limit the University College's
powers and rights under any other law about property held in trust by the
University College.
7
Sunshine Coast University College
Clause 55 provides that the University College may agree to and carry
out any conditions of a gift, grant or similar acquisition by which it takes or
acquires property.
Clause 56 provides that subject to clause 57 of the Bill, State land is held
and may be disposed of under the Land Act 1962.
Clause 57 provides that the University College may grant a lease over
State land and specifies the conditions that apply to the lease and the term of
the lease.
Clause 58 provides that the University College may establish or
administer trust funds.
Clause 59 provides the University College with powers of investment, in
particular the authority to establish an investment common fund.
Clause 60 provides that the University College may invest funds held by
the University College but only in authorised trustee investments.
Clause 61 provides that revenue received by the University College from
any source must be applied to University College purposes only and
specifies such purposes.
Clause 62 provides that the University College with the approval of the
Governor in Council may obtain advances by way of loans and that the
Treasurer's sanction is required for certain loans.
Clause 63 Although the University College by virtue of its governing
body (the Council) satisfies the criteria for a statutory body as defined in the
Statutory Bodies Financial Arrangements Act 1982, to remove any doubt
this clause declares that the University College is a statutory body under that
Act.
Clause 64 provides that the Council must adopt a budget each calendar
year for the following calendar year and must review annually the funds
received by bequest, donation or special grant and the spending of such
funds.
Clause 65 Although the University College by virtue of its governing
body (the Council) satisfies the criteria for a statutory body as defined in the
Financial Administration and Audit Act 1977, to remove any doubt this
clause declares that the University College is a statutory body under that
Act.
8
Sunshine Coast University College
Clause 66 specifies that the University College's financial year is a
calendar year.
Clause 67 provides for the Council to make University College statutes
and provides that statutes may only be made about specified matters.
Clause 68 specifies that a University College statute is subordinate
legislation and as such it must be Tabled in the Legislative Assembly, is
subject to disallowance by the Parliament and must be published in full in
the Government Gazette. The clause also declares that a University College
statute is an exempt instrument which means that it does not have to be
drafted by the Office of the Parliamentary Counsel and does not have to be
approved by the Governor in Council.
Clause 69 provides that the Council must not make a University College
statute affecting the University College Student Union's role or powers
unless the Council gives the Union a copy of the proposed statute 28 days
before the statute is made.
Clause 70 provides for the Council to make University College rules
under a University College statute.
Clause 71 provides for the Vice-Chancellor to appoint authorised
persons and security officers for the purpose of traffic control (e.g.
controlling the driving, parking or standing of vehicles on University
College land) and for the purpose of controlling the conduct of certain
persons (e.g. dealing with persons who are drunk, disorderly or creating a
disturbance on University College land).
Clause 72 provides for the conditions of appointment of the authorised
persons and the security officers.
Clause 73 provides that the Vice-Chancellor must issue an identity card
to each authorised person and security officer.
Clause 74 provides that an authorised person or security officer may
exercise their powers under the legislation only if the person or officer
produces or has displayed his or her identity card.
Clause 75 provides that an authorised person may control traffic on
University College land and give directions to persons on the land in order
to control such traffic.
Clause 76 provides for the Vice-Chancellor to erect or display a
"regulatory notice" regulating the driving, parking or standing of vehicles
9
Sunshine Coast University College
on the land and specifies examples of the matters that would be included on
the notice. The clause also allows the Vice-Chancellor to erect and display
"regulatory notices" in the form of official traffic signs.
Clause 77 provides that if a "regulatory notice" does not state that a
breach of a requirement of the notice is an offence under the legislation the
Vice-Chancellor must erect or display "information notices" stating that a
breach of a requirement of a "regulatory notice" is an offence and stating
the penalty for such an offence.
Clause 78 provides that an authorised person may seize, remove and
hold a vehicle at a safe place that the authorised person believes on
reasonable grounds is parked in breach of a "regulatory notice" or is
abandoned. The clause provides that the authorised officer may exercise
such powers only under specified circumstances and that if the vehicle is
seized the University College must inform the owner in writing of where
the vehicle is held and how the owner may recover it. The clause also
provides that if the vehicle was parked in breach of a "regulatory notice" the
owner must pay to the University College the cost of seizing, removing,
holding and returning the vehicle.
Clause 79 provides that if the owner of a vehicle that is being held does
not recover the vehicle within 2 months after written notice of where the
vehicle is held and how it may be recovered is given, the University College
may, after publishing a notice in a newspaper sell the vehicle by public
auction.
Clause 80 specifies how and in what order the proceeds of the sale of the
vehicle must be applied.
Clause 81 provides that a person must not be disorderly or create a
disturbance on the University College's land.
Clause 82 p...