University of Wollongong Act 1989 No 127
Current version for 26 August 2014 to date (accessed 22 December 2014 at 21:38)
Schedule 3

Schedule 3 Savings and transitional provisions

(Section 32)

1A   Savings or transitional regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

1   University a continuation of the old University

The University is a continuation of, and the same legal entity as, the University of Wollongong established by the University of Wollongong Act 1972.

2   Chancellor

(1)  The person who, immediately before the commencement of this clause, held office as the Chancellor of the University of Wollongong:
(a)  remains Chancellor of the University, and
(b)  continues to hold office as such (unless he or she sooner resigns) for the residue of the term for which he or she was appointed as Chancellor.
(2)  Section 10 (2) does not apply to or in respect of the Chancellor referred to in this clause.

3   Deputy Chancellor

The Council must, at its first meeting that takes place after the commencement of this clause or as soon as practicable thereafter, appoint a Deputy Chancellor of the University.

4   Vice-Chancellor

(1)  The person who, immediately before the commencement of this clause, held office as Vice-Chancellor of the University of Wollongong:
(a)  remains Vice-Chancellor of the University, and
(b)  continues to hold office as such (unless he or she sooner resigns) for the residue of the term for which he or she was appointed.
(2)  Section 12 (2) does not apply to or in respect of the Vice-Chancellor referred to in this clause.

5   Savings of delegations

Any delegation made or taken to have been made by the Council of the University of Wollongong under the University of Wollongong Act 1972 is to be taken to be a delegation under this Act by the Council.

6   Existing investments

Nothing in this Act affects the validity of any investment made on behalf of the University before the commencement of Schedule 2.

7   Academic Senate

Pending the making of appropriate by-laws, the constitution and procedure of the Academic Senate of the University is to be the same as it was immediately before the commencement of this clause.

8   By-laws

The University of Wollongong By-law:
(a)  continues in force as if it had been made by the Council, and
(b)  may be amended and revoked accordingly.

9   Visitor

(1)  Section 13 (2) extends to disputes and other matters arising before the commencement of this clause.
(2)  However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.

10   Effect of the University Legislation (Amendment) Act 1994 on existing by-laws and rules

(1)  Any by-law made or taken to have been made under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2)  Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.

11   Investment powers

Until an order is made under clause 2 of Schedule 2 (as substituted by the Universities Legislation Amendment (Financial and Other Powers) Act 2001), approval is taken to have been given by order under that clause to the investment by the Council of any funds of the University in any manner that the Council was authorised to invest those funds immediately before the Council ceased to be an authority for the purposes of Part 3 (Investment) of the Public Authorities (Financial Arrangements) Act 1987.

12   Validation

Any act or omission occurring before the substitution of section 6 by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 that would have been valid had that section as so substituted been in force from the commencement of that section as originally enacted is (to the extent of any invalidity) taken to be, and always to have been, valid.

13   Provisions consequent on enactment of University Legislation Amendment Act 2004

(1)  In this clause:

amending Act means the University Legislation Amendment Act 2004.

former section 9 means section 9 as in force immediately before its substitution by the amending Act.

new section 9 means section 9 as substituted by the amending Act.

relevant day means the date of assent to the amending Act.

(2)  Subject to this Act, on the relevant day:
(a)  a person holding office under former section 9 (2) ceases to hold that office, and
(b)  a person holding office under former section 9 (4) or (6) is taken to be appointed as a member under new section 9 (1) (b) or (c), respectively, for the balance of the person’s term of office, and
(c)  a person holding office under former section 9 (5) (a), (b), (c) or (d) is taken to be elected as a member under new section 9 (1) (d), (e), (f) or (g), respectively, for the balance of the person’s term of office.
(3)  On, or as soon as is reasonably practicable after, the relevant day, the Minister must appoint the balance of the members required to be appointed under new section 9 (1) (b).
(4)  The Council is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that the Council is duly constituted under new section 9 as soon as is reasonably practicable after the relevant day.
(5)  For the purposes of making the by-laws referred to in subclause (4), the Council must be constituted so as to include all of the members required to be appointed under new section 9 (1) (b).
(6)  The Council is taken to be properly constituted until such time as it is constituted in accordance with new section 9.
(7)  A casual vacancy occurring in the office of a member before the Council is duly constituted under new section 9 is to be filled as follows:
(a)  if the vacancy occurs in the office of a member appointed under new section 9 (1) (b), the Minister is to appoint a person whom the Minister considers appropriate,
(b)  if the vacancy occurs in the office of a member appointed under new section 9 (1) (c), the Council is to appoint a person whom the Council considers appropriate,
(c)  if the vacancy occurs in the office of a member elected under new section 9 (1) (d) or (e), the Council is to appoint a person qualified to hold that office,
(d)  if the vacancy occurs in the office of a member elected under new section 9 (1) (f), the Council is to appoint a person qualified to hold that office following consultation with the relevant student body or bodies recognised by the Council,
(e)  if the vacancy occurs in the office of a member elected under new section 9 (1) (g), the Council is to appoint a person qualified to hold that office following consultation with the alumni association or body for the University.
(8)  Subject to this Act, a member appointed under subclause (7) holds office from the time that person is appointed under that subclause until the expiry of the term of that member’s predecessor.
(9)  Subject to this Act, if, on the expiry:
(a)  of a member’s term of office that is continued under subclause (2) (b) or (c), or
(b)  in the case of a member appointed under subclause (7), of the term of office of the member’s predecessor,
the by-laws necessary to enable a person to be duly appointed or elected (as the case may be) to that office under new section 9 are not yet in force, the member may continue to hold that office until such time as a person is so duly appointed or elected.
(10)  For the purposes of subclause (2), a member filling a casual vacancy and holding office immediately before the relevant day is taken to hold that office immediately before the relevant day under the provision under which the member’s predecessor was elected or appointed.
(11)  A person who ceases to hold office under subclause (2) (a):
(a)  is not entitled to any remuneration or compensation because of loss of that office, and
(b)  is eligible (subject to this Act and if otherwise qualified) to be appointed as a member.
(12)  Consecutive years of office served by a member of the Council immediately before the relevant day are to be taken into account in applying clause 1 (3) of Schedule 1 in respect of the member.
(13)  However, clause 1 (3) of Schedule 1 does not affect the operation of subclause (2) (b) or (c) or (9) of this Schedule.
(14)  Section 21G, as inserted by the amending Act, applies only in relation to breaches of duty constituted by acts or omissions occurring after the relevant day.
(15)  No amendment made by the amending Act affects the continuity of the Council.
(16)  The provisions of this clause are subject to any regulations made under clause 1A.

14   Adoption of standard governing body provisions under the Universities Governing Bodies Act 2011

(1)  Terms used in this clause and also in the Universities Governing Bodies Act 2011 have the same meanings in this clause as they have in that Act.
(2)  In this clause:

amended provision means the provision of this Act and the by-laws amended as set out in an order made by the Minister under section 4 of the Universities Governing Bodies Act 2011.

existing member of the Council means a member of the Council as constituted immediately before the commencement of the governing body resolution.

governing body resolution means the governing body resolution made by the Council on 2 December 2011.

(3)  An existing member of the Council continues in office until the expiration of the term for which the member was appointed (subject to the member’s office becoming vacant earlier for a reason other than the expiration of the member’s term of office).
(4)  For the purposes of subclause (3):
(a)  an existing member is taken to be a member of the corresponding category of membership set out in the amended provisions, and
(b)  the proportion of Council and Ministerially appointed members of the council specified under the constitution rules is, until all existing members of that category cease to hold office as referred to in subclause (3), taken to be the number of existing members in those categories at any particular time.

15   Guidelines for commercial activities

The Guidelines approved for the time being under section 21B, as in force immediately before the amendments made to that section by the Universities Legislation Amendment (Regulatory Reforms) Act 2014, continue to have effect as if they were Guidelines determined by the Council under that section as amended.

16   Existing investments

An amendment made to this Act by the Universities Legislation Amendment (Regulatory Reforms) Act 2014 does not affect the appointment of a funds manager or the validity of any investment made by or on behalf of the University before the commencement of the amendment.

17   Convocation

The repeal of section 4 (b) by the Universities Legislation Amendment (Regulatory Reforms) Act 2014 does not affect the continuity or legal status of the University.

18   Previously acquired land

Section 18 (2)–(3), as inserted by the Universities Legislation Amendment (Regulatory Reforms) Act 2014, extend to land acquired from the State before the insertion of those subsections.
Top of page