Southern Cross University Act 1993
Schedule 1 - Provisions Relating to Members and Procedure
of the Council
(Sec. 10)
Term of office
1. Subject to this Act, a member of the Council holds office:
(a) in the case of a parliamentary member, until a member of the House
of Parliament that elected the member is elected as a replacement; and
(b) in the case of an official member, while the member holds the office
by virtue of which he or she is a member; and
(c) in the case of an appointed member, for such term (not exceeding
4 years) as may be specified in the member’s instrument of appointment;
and
(d) in the case of an elected member referred to in section 10 (5) (a),
(b) or (c), for such term (not exceeding 3 years) as may be prescribed
by the by-laws.
Vacation of office
2. The office of a member of the Council becomes vacant if the member:
(a) dies; or
(b) declines to act; or
(c) resigns the office by writing under his or her hand addressed:
(i) in the case of the parliamentary member who is a Member of the
Legislative Council, to the President of the Legislative Council;
or
(ii) in the case of the parliamentary member who is a member of the
Legislative Assembly, to the Speaker of the Legislative Assembly;
or
(iii) in the case of an appointed member (other than a member appointed
by the Council under section 10 (6)), to the Minister; or
(iv) in the case of an elected member or a member appointed by the
Council under Section 10 (6), to the Vice-Chancellor; or
(d) in the case of an appointed or elected member, becomes bankrupt,
applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors, compounds with his or her creditors or makes any
assignment of his or her remuneration for their benefit; or
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(e) in the case of an appointed or elected member, becomes a mentally
incapacitated person; or
(f) is convicted in New South Wales of an offence that is punishable
by imprisonment for 12 months or more or is convicted elsewhere than
in New South Wales of an offence that, if committed in New South Wales,
would be an offence so punishable; or
(g) in the case of an appointed or elected member, is absent from 3
consecutive meetings of the Council of which reasonable notice has been
given to the member personally or in the ordinary course of post and
is not, within 6 weeks after the last of those meetings, excused by
the Council for his or her absence; or
(h) in the case of the parliamentary member elected by the Legislative
Council:
(i) ceases to be a Member of that Council otherwise than by reason
of section 22B (1) (c) of the Constitution Act 1902; or
(ii) ceases to be a Member of that Council by reason of section 22B
(1) (c) of that Act and does not become a candidate at the next periodic
Council election within the meaning of section 3 of that Act or, as
the case may be, becomes a candidate but is not elected; or
(i) in the case of the parliamentary member elected by the Legislative
Assembly:
(i) ceases to be a member of that Assembly otherwise than by reason
of its dissolution or its expiration by effluxion of time; or
(ii) ceases to be a Member of that Assembly by reason of its dissolution
or its expiration by effluxion of time and does not become a candidate
at the next general election of Members of that Assembly or, as the
case may be, becomes a candidate but is not elected; or
(j) in the case of an elected member, ceases to be qualified for election;
or
(k) in the case of an appointed member (other than a member appointed
by the Council under section 10 (6)), is removed from office by the
Minister; or
(l) in the case of a member appointed by the Council under section 10
(6), is removed from office by the Council.
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Filling of vacancy in office of member
3.
(1) If the office of an appointed or elected member of the Council becomes
vacant, a person is, subject to this Act and the by-laws, to be appointed
or elected to fill the vacancy.
(2) The by-laws may provide that, in such circumstances as may be prescribed,
a person is to be appointed or elected (otherwise than to fill the office
of parliamentary member) in such manner as may be prescribed instead of
in the manner provided for by this Act.
Committees of the Council
4.
(1) The Council may establish committees to assist it in connection with
the exercise of any of its functions.
(2) It does not matter that any or all of the members of a committee
are not members of the Council.
(3) The procedure for the calling of meetings of a committee and for
the conduct of business at those meetings is to be as determined by the
Council or (subject to any determination of the Council) by the committee.
Liability of Council members and others
5. No matter or thing done by the University, the Council or a member
of the Council or any person acting under the direction of the University
or the Council, if the matter or thing was done in good faith for the
purpose of executing this or any other Act, subjects a member of the Council
or a person so acting personally to any action, liability, claim or demand.
General procedure
6. The procedure for the calling of meetings of the Council and for the
conduct of business at those meetings is, subject to this Act and the
by-laws, to be as determined by the Council.
Presiding member
7.
(1) The Chancellor is to preside at all meetings of the Council at which
the Chancellor is present.
(2) At any meeting of the Council at which the Chancellor is not present,
the Deputy Chancellor is to preside and, in the absence of both the Chancellor
and the Deputy Chancellor, a member elected by and from the members present
is to preside.
(3) Except as provided by subclause (4), at the meetings of a committee
constituted by the Council a member appointed by the Council (or, if no
member is so appointed, elected by and from the members present) is to
preside.
(4) At any meeting of a committee constituted by the Council at which
the Chancellor is present, the Chancellor is entitled, if he or she so
desires, to preside at that meeting.
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Quorum
8. At any meeting of the Council, a majority of the total number of members
for the time being of the Council constitutes a quorum.
Voting
9. A decision supported by a majority of the votes cast at a meeting of
the Council at which a quorum is present is the decision of the Council.
Table of Provisions
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