8 The Council

9 Constitution of Council

10 Chancellor

11 Deputy Chancellor

12 Vice-Chancellor

13 Visitor

14 Convocation

15 Academic Board

8 The Council

(1) There shall be a Council of the University.

(2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this or any other Act.

9 Constitution of Council

(1) The Council is to consist of:

(a) 3 official members, being:

(i) the Chancellor (if the Chancellor is not otherwise a member of the Council), and

(ii) the Vice-Chancellor, and

(iii) the person for the time being holding the office of presiding member of the Academic Board (if that person is not the Vice-Chancellor) or of deputy presiding member of the Academic Board (if the presiding member is the Vice-Chancellor), and

(b) 6 external persons appointed by the Minister from, as far as practicable, the following categories:

(i) persons experienced in the field of education,

(ii) persons experienced in technology, industry, business, human services or industrial relations,

(iii) persons who are practising, or have practised, a profession,

(iv) persons who, in the opinion of the Minister, are likely to contribute to the cultural diversity of the University,

(v) persons having such other qualifications and experience as the Minister thinks appropriate, and

(c) one or more external persons (being such number as is prescribed by the by-laws) appointed by the Council, and

(d) 2 persons:

(i) who are members of the academic staff of the University, and

(ii) who have such qualifications as may be prescribed by the by-laws, and

(iii) who are elected by members of the academic staff of the University in the manner prescribed by the by-laws, and

(e) one person:

(i) who is a member of the non-academic staff of the University, and

(ii) who has such qualifications as may be prescribed by the by-laws, and

(iii) who is elected by members of the non-academic staff of the University in the manner prescribed by the by-laws, and

(f) one person:

(i) who is an undergraduate student of the University but who is not a member of the academic or non-academic staff of the University, and

(ii) who has such qualifications as may be prescribed by the by-laws, and

(iii) who is elected by undergraduate students of the University in the manner prescribed by the by-laws, and

(g) one person:

(i) who is a postgraduate student of the University but who is not a member of the academic or non-academic staff of the University, and

(ii) who has such qualifications as may be prescribed by the by-laws, and

(iii) who is elected by postgraduate students of the University in the manner prescribed by the by-laws, and

(h) one or more external persons (being such number as is prescribed by the by-laws):

(i) who are members of Convocation, and

(ii) who have such qualifications as may be prescribed by the by-laws, and

(iii) who are (as prescribed by the by-laws) elected by members of Convocation in the manner prescribed by the by-laws or appointed by the Council.

(2) The by-laws may not prescribe a number of members for the purposes of subsection (1)(c) or (h) that when added to the number of other members to be appointed or elected to the Council would exceed 22.

(3) A person appointed under subsection (1)(h) is appointed in addition to any member appointed under subsection (1)(c).

(4) The Minister may appoint a person who is a member of the Parliament of New South Wales under subsection (1)(b) but only if the person is nominated by the Council for appointment.

No more than 2 such persons may hold office at any one time as appointed members under subsection (1)(b).

(5) Of the members of the Council:

(a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and

(b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).

(6) All appointed members of the Council must have expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University.

(7) The majority of members of the Council must be external persons.

(8) The by-laws are to prescribe the procedures for the nomination of persons for appointment as members of the Council.

(9) Schedule 1 has effect in relation to the members and procedure of the Council.

(10) A reference in this section to external persons is a reference to persons who are not members of the academic or non-academic staff of the University or undergraduate or postgraduate students of the University.

10 Chancellor

(1) The Council shall:

(a) at its first meeting or as soon as practicable thereafter, and

(b) whenever a vacancy in the office of Chancellor occurs,

elect a person (whether or not a member of the Council) to be Chancellor of the University.

(2) The Chancellor, unless he or she sooner resigns as Chancellor or ceases to be a member of the Council, holds office for such period (not exceeding 4 years), and on such conditions, as may be prescribed by the by-laws.

(3) The Chancellor has the functions conferred or imposed on the Chancellor by or under this or any other Act.

11 Deputy Chancellor

(1) The Council shall:

(a) at its first meeting or as soon as practicable thereafter, and

(b) whenever a vacancy in the office of Deputy Chancellor occurs,

elect one of its members to be Deputy Chancellor of the University.

(2) The Deputy Chancellor, unless he or she sooner resigns as Deputy Chancellor or ceases to be a member of the Council, holds office for 2 years from the date of his or her election and on such conditions as may be prescribed by the by-laws.

(3) In the absence of the Chancellor, or during a vacancy in the office of Chancellor or during the inability of the Chancellor to act, the Deputy Chancellor has all the functions of the Chancellor.

12 Vice-Chancellor

(1) The Council shall, whenever a vacancy in the office of Vice-Chancellor occurs, appoint a person, whether a member of the Council or not, to be Vice-Chancellor of the University.

(2) The Vice-Chancellor holds office for such period, and on such conditions, as the Council determines.

(3) The Vice-Chancellor is the chief executive officer of the University and has such functions as are conferred or imposed on the Vice-Chancellor by or under this or any other Act.

13 Visitor

(1) The Governor is the Visitor of the University but has ceremonial functions only.

(2) Accordingly, the Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).

14 Convocation

(1) Convocation shall consist of:

(a) the members and past members of the Council,

(b) the graduates of the University,

(c) the professors and full-time members of the academic staff of the University and such other members or classes of members of the staff of the University as the by-laws may prescribe, and

(d) such graduates of other universities, or other persons, as are, in accordance with the by-laws, admitted as members of Convocation.

(2) The first meeting of Convocation shall be convened by the Vice-Chancellor.

(3) Subject to the by-laws, meetings of Convocation shall be convened and the business at the meetings shall be as determined by Convocation.

(4) A quorum at any meeting of Convocation shall be such number of members as may be prescribed by the by-laws.

(5) Convocation has such functions as may be prescribed by the by-laws.

(6) The Council may establish a Standing Committee and such other committees of Convocation as it considers necessary.

15 Academic Board

(1) There shall be an Academic Board of the University consisting of:

(a) the Vice-Chancellor, and

(b) such other persons as the Council may, in accordance with the by-laws, determine.

(2) Subject to subsection (1), the constitution and functions of the Academic Board shall be as prescribed by the by-laws.

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