Southern Cross University By-Law 2000
Part 4 - Rules
43. Rules made by Council
(1) The Council may make rules (not inconsistent with the Act or this
By-Law) for or with respect to any matter for or with respect to which
by-Laws may be made, except the matters referred to in sections 3 (2),
9, 10, 11, 12, 14, 16, 19, 20, 21, 24, 29 (1) (b) and (k) of the Act and
in clauses 1 (d) and 3 of Schedule 1 to the Act.
(2) Without limiting subclause (1), the Council may make
rules for or with respect to the following:
(a) the conduct of elections (other than the method of election of
members of the Council),
(b) the conduct of Council and other meetings,
(c) the appointment, promotion, resignation and termination of services
of members of staff (but not their designation as academic staff, non-academic
staff, full-time staff, fractional-time staff or otherwise),
(d) the terms and conditions on which students may be enrolled in any
course of study and permitted to continue undertaking any course of
study,
(e) staff and student discipline,
(f) penalties for breaches of discipline,
(g) the constitution and procedures of any Appeal Committee established
by the Council for the purpose of hearing any appeals against penalties
imposed by the Vice-Chancellor for a breach of discipline,
(h) the examinations for, and the conferring of, degrees and other awards,
(i) the examinations for, and the awarding of, fellowships, scholarships,
bursaries and prizes,
(j) the classes of students who are eligible to have degrees and other
awards conferred on them or diplomas or other certificates awarded to
them,
(k) the form of diplomas and other certificates awarded by the University,
(l) the conduct and attendance of students at classes, in the library
and in other facilities of the University,
(m) the use of the library and other facilities of the University by
members of staff, students and other persons,
(n) the manner in which a member of staff or student may be required
to establish his or her identity,
(o) the times at which fees (including fees for tuition and examinations,
fees for the awarding of diplomas and other certificates and fees relating
to the use of the library and other facilities of the University) become
due and payable,
(p) the collection, waiver and postponement of fees,
(q) the affiliation with the University of educational and research
establishments and residential colleges.
44. Rules made by Vice-Chancellor
(1) The Vice-Chancellor may make rules, not inconsistent with the rules
made by the Council, for or with respect to the good conduct of the University.
(2) Without limiting subclause (1), the Vice-Chancellor
may make rules for or with respect to:
(a) any matter specified in clause 43 (2), and
(b) any other matter with respect to which the Vice-Chancellor is permitted
or required by this By-Law to make rules.
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45. Promulgation of rules
(1) A rule made by the Council or by the Vice-Chancellor must be promulgated
by means of a notice displayed on the Internet by means of the website
of the University, and by any other means that the Secretary to Council
considers appropriate.
(2) A rule takes effect on the day following that on which
it is promulgated in accordance with subclause (1) or on such later day
as may be specified in the rule.
(3) The Secretary to Council must ensure that the rules
are published in an official publication of the University.
(4) Failure to comply with subclause (3) does not invalidate
any rule.
46. Inconsistency between rules
In the event of an inconsistency between the rules made by the Council
and the rules made by the Vice-Chancellor, the rules made by the Council
prevail.
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