Part 1 Preliminary
1 Name of By-law
This By-law is the Charles Sturt University By-law 2005.
2 Definitions
(1) In this By-law:Academic Senate means the Academic Senate of the University established under section 16 of the Act.associate of a person means any of the following:(a) the spouse, de facto partner, parent, child, brother or sister, business partner or friend of the person,(b) the spouse, de facto partner, parent, child, brother or sister, business partner or friend of a person referred to in paragraph (a) if that relationship is known to the person,(c) any other person who is known to the person for reasons other than the person’s connection with the University or that person’s public reputation.Note—“De facto partner” is defined in section 21C of the Interpretation Act 1987.casual vacancy in an office means a vacancy that occurs in that office otherwise than because of the expiration of the term of office of the person holding the office.close of nominations, in relation to an election, means the date and time determined by the returning officer by which nominations must be received by the returning officer for the election.committee of the Council means a committee established by the Council under clause 4 of Schedule 1 to the Act.election, in Part 2, means an election under section 10 or 11 of the Act.notice means notice in writing.returning officer, in relation to a particular function of the returning officer, includes a deputy returning officer, poll officer or other person who is authorised or directed by the returning officer to exercise that function.Secretary means the Secretary to the Council appointed under clause 19.the Act means the Charles Sturt University Act 1989.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this By-law.(2) In this By-law, a reference to an authority, officer or office is to be construed as a reference to that authority, officer or office in and of the University.(3) In this By-law, a reference to the holder of an office is to be construed as including a reference to any person appointed to act for the time being in the place of the holder of the office.(4) Notes included in this By-law do not form part of this By-law.cl 2: Am 2008 No 23, Sch 3.9; 2010 No 19, Sch 3.14 [1] [2]; 2012 (193), Sch 2 [1]; 2018 (260), cl 3 (1) (2).
3 Definition of “graduate”: section 3 (2)
For the purposes of section 3 (2) of the Act, the following awards and certificates are prescribed:(a) a graduate certificate, associate degree, or award honoris causa conferred by the Council,(b) a certificate conferred on completion of a course of studies conducted by the Riverina-Murray Institute of Higher Education (or any of its predecessors),(c) a certificate conferred on completion of a course of studies conducted by the Mitchell College of Advanced Education (or any of its predecessors),(d) any other award conferred by the Riverina-Murray Institute of Higher Education or the Mitchell College of Advanced Education (or any of their predecessors) that, in the opinion of the Council, is equivalent to a degree or diploma, or to a certificate, from an institution referred to in paragraphs (a)–(c).Note—By virtue of section 3 (2) of the Act, a reference to a graduate is a reference to a person who has received a degree, diploma or other award or certificate as prescribed by the by-laws conferred or awarded by the University, by or on behalf of any former institution that has become a network member of, or a part of, the University or by any predecessor of any such institution.
Part 2 Official members of Council
Division 1 Election of Chancellor and Deputy Chancellor
4 Returning officer
(1) The Secretary is the returning officer for all elections of the Chancellor or Deputy Chancellor.(2) The returning officer may, subject to the Act and this By-law, decide all matters relating to the procedure for the conduct of an election under this Division.(3) Subject to the Act and this By-law, a decision of the returning officer relating to an election under this Division, including a decision relating to the eligibility of a candidate or a voter, the conduct of the election or the result of an election, is final.(4) The returning officer is entitled to attend meetings of the Council for the purpose of conducting an election under this Division.
5 Timing of election
An election to fill a vacancy in the office of Chancellor or Deputy Chancellor is to be held (where practicable):(a) in the case of a vacancy that arises because of the expiration of the term of office of the current office holder—at least 3 months before the expiration of the term of office of the current office holder, or(b) in the case of a casual vacancy—within 3 months after the vacancy arises.
6 Notice of election
The returning officer must give to each member of the Council at least 1 month’s notice of an election to fill a vacancy in the office of Chancellor or Deputy Chancellor.
7 Nominations for election as Chancellor or Deputy Chancellor
A nomination for election as Chancellor or Deputy Chancellor:(a) must be in writing, and(b) must be signed by the nominee and 2 members of the Council, and(c) must be delivered to the returning officer before the meeting of the Council at which the election is to be held.cl 7: Am 2010 (222), Sch 1 [1].
8 Election to be held at meeting of Council
An election to fill a vacancy in the office of Chancellor or Deputy Chancellor is to be held at a meeting of the Council.
9 Returning officer to preside at meeting
(1) The returning officer is to preside during any part of a meeting of the Council at which an election of the Chancellor or Deputy Chancellor is to be held.(2) No business other than the election of the Chancellor or Deputy Chancellor may be conducted at a meeting of the Council while the returning officer is presiding.
10 Contested and uncontested elections
(1) If there is only 1 nomination for election of the Chancellor or Deputy Chancellor, the returning officer must declare the nominated candidate to be elected.(2) If there are 2 or more nominations for election of the Chancellor or Deputy Chancellor, the returning officer must conduct a poll of members of the Council by secret ballot.
11 Procedure for electing Chancellor or Deputy Chancellor
At a poll for the election of the Chancellor or Deputy Chancellor, each member of the Council is entitled to cast a vote for 1 of the candidates only.
12 Determining count
(1) When the poll is finished, the returning officer must count the number of votes cast at the poll for each candidate.(2) If 1 candidate has received more votes than any other, the returning officer must declare that candidate to be elected.(3) If 2 or more candidates receive an equal number of votes cast at the poll and no other candidate receives more votes than those candidates, the returning officer must conduct a further poll.
13 Conduct of further poll
(1) A further poll is to be conducted by secret ballot.(2) At a further poll each member of the Council is entitled to vote for 1 of the candidates who received an equal number of votes at the original poll.(3) The returning officer must count the number of votes cast for each candidate at the further poll and, if 1 candidate has received more votes than any other, the returning officer must declare that candidate to be elected.(4) If 2 or more candidates receive an equal number of votes cast at the further poll, and no other candidate receives more votes at the further poll, the returning officer must decide by lot which of the candidates with an equal number of votes is to be declared elected. For that purpose, the returning officer:(a) must write the names of the candidates concerned on similar slips of paper, and(b) must fold the slips so as to prevent identification, and(c) must mix the slips and draw 1 of them at random.(5) The candidate whose name is drawn first following the procedure under subclause (4) is to be declared elected.
14 Order in which elections for Chancellor and Deputy Chancellor are to be held
The election of the Chancellor is to be held first if both the Chancellor and the Deputy Chancellor are to be elected at the same meeting of the Council.
Division 2 Other provisions about official members
15 Term of office of Chancellor: section 10 (2)
For the purposes of section 10 (2) of the Act, the prescribed term of office of the Chancellor is as follows:(a) in the case of a person elected to fill a vacancy in the office of Chancellor that arises because of the expiration of the term of office of the previous Chancellor—4 years commencing on 1 January next following the election of the person,(b) in the case of a casual vacancy—the balance of the term of office of the previous Chancellor.Note—Section 10 of the Act requires the Council to elect a person as Chancellor. A person may be elected to the office of Chancellor under that section whether or not the person is a member of the Council.Section 10 (2) of the Act states that the Chancellor holds office for a period (not exceeding 4 years) prescribed by the by-laws.Section 29 of the Act states that a person may be re-appointed or re-elected to the office of Chancellor if the person is eligible and otherwise qualified to hold that office (subject to clause 1 (3) of Schedule 1 to the Act, which provides that, generally, a person must not be appointed or elected to serve more than 12 consecutive years of office).
16 Appointment of acting Deputy Chancellor
The Council may appoint a member of the Council to act in the place of the Deputy Chancellor during the absence or inability of the Deputy Chancellor to act, or a vacancy in the office of the Deputy Chancellor.Note—Section 11 (1) of the Act requires the Council to elect 1 of its members as Deputy Chancellor of the University.Section 11 (2) of the Act states that the Deputy Chancellor holds office for a period of 2 years.Section 29 of the Act states that a person may be re-appointed or re-elected to the office of Deputy Chancellor if the person is eligible and otherwise qualified to hold that office (subject to clause 1 (3) of Schedule 1 to the Act, which provides that, generally, a person must not be appointed or elected to serve more than 12 consecutive years of office).Clause 7 (2) of Schedule 1 to the Act provides that in the absence of both the Chancellor and the Deputy Chancellor from a meeting, a member elected by and from the members present is to preside.
17 Vice-Chancellor: section 12 (3)
(1) For the purposes of sections 12 (3) and 31 (1) (j) of the Act, the Vice-Chancellor has the following functions:(a) responsibility to the Council for the day-to-day management of the University and, in particular, for:(i) the academic, administrative, financial and other business of the University, and(ii) the general supervision of all persons in the service of the University, and(iii) the welfare and discipline of the students of the University,(b) promoting the interests of the University,(c) furthering the development of the University.(2) The Vice-Chancellor has such authority as may be necessary or convenient to give effect to the provisions of the Act, this By-law and the rules and resolutions of the Council.(3) The Vice-Chancellor may, without specific appointment, exercise the right of membership of any committee of the University (other than a committee of the Council) and may, if he or she wishes to do so, preside at any meeting of such a committee at which the Chancellor or Deputy Chancellor is not presiding.(4) Nothing in this clause affects the precedence or authority of the Chancellor or Deputy Chancellor.(5) The functions conferred or imposed on the Vice-Chancellor by this By-law are in addition to any functions conferred or imposed on the Vice-Chancellor by the Act.Note—Section 12 of the Act requires the Council to appoint a person as Vice-Chancellor, who has such functions as are conferred or imposed on the Vice-Chancellor by or under the Act or any other Act.
18 Appointment of acting Vice-Chancellor
(1) The Vice-Chancellor may, with the consent of the Chancellor, appoint a member of the staff of the University as acting Vice-Chancellor during an approved absence of the Vice-Chancellor.(2) The Council may appoint a person to act in the place of the Vice-Chancellor during the absence (other than an approved absence) of the Vice-Chancellor or the inability of the Vice-Chancellor to act, or a vacancy in the office of the Vice-Chancellor.(3) In this clause:approved absence means a period of leave approved by the Chancellor or the Council.
19 Secretary to Council
(1) There is to be a Secretary to the Council appointed by the Council.(2) The Secretary has such functions and authorities as are conferred or imposed on the Secretary by this By-law or by a rule or a resolution of the Council.(3) The Secretary is subject to the same duties as members of the Council under Schedule 3 to the Act. That Schedule applies to the Secretary as if a reference to a member were a reference to the Secretary.(4) The Secretary may be removed from office by the Council for breach of duty.(5) The Secretary may, with the approval of the Chancellor, appoint an officer or officers of the University to assist in the performance of any of his or her functions.
20 Appointment of acting Secretary
The Vice-Chancellor may, with the consent of the Chancellor, appoint a member of the staff of the University to act in the place of the Secretary during the absence or inability of the Secretary to act, or a vacancy in the office of the Secretary.
Part 3 Election and appointment of members of Council
Note—
Section 8C of the Act provides that the Council is to consist of a minimum of 11, and a maximum of 22, members, with the total number of members being determined from time to time by a resolution passed by at least two-thirds of the members of the Council. Under section 8C (3) and (4), the Council is to consist of 3 official members, 3 elected members (being one student, one member of the academic staff and one member of the general staff), 7 members appointed by the Council (at least one of whom must be an external person who is a graduate of the University) and 2 members appointed by the Minister. This Part provides for the election and appointment of members of the Council under sections 8E, 8G and 8H of the Act.
pt 3, note: Subst 2012 (193), Sch 2 [2]. Am 2018 (260), cl 3 (3) (4).
pt 3 div 1: Rep 2012 (193), Sch 2 [3].
pt 3 div 2 (cll 21–28): Rep 2012 (193), Sch 2 [3].
Divisions 1, 2
21–28 (Repealed)
Division 3 Appointment of external persons by the Council: section 8G
pt 3, div 3, hdg: Am 2012 (193), Sch 2 [4].
Note—
Sections 8F (2) (b) and 8G of the Act and the constitution rules provide for the Council to appoint 7 external persons as members of the Council (4 of whom must be graduates of the University). This Division prescribes the procedures for inviting nominations for the Council appointments.
pt 3, div 3, note: Subst 2012 (193), Sch 2 [5].
29 (Repealed)
cl 29: Am 2010 (222), Sch 1 [2]. Rep 2012 (193), Sch 2 [6].
30 Inviting nominations
(1) If a vacancy arises under section 8G of the Act, the Secretary is to publish a notice inviting nominations from external persons for appointment to the Council.(2) Except as provided in this Division, the notice must:(a) state that the Council proposes to appoint external persons to the Council, and(b) specify the term of office of the appointment, and(c) state the criteria as to experience, knowledge and skills, as determined by the Council, that the nominee must possess to be eligible for appointment, and(c1) in the case of a vacancy in the office of a person referred to in section 8F (2) (b) of the Act—state that the nominee must be a graduate of the University, and(d) specify any other requirements that must be satisfied by the nominee for the acceptance of the nomination, and(e) invite nominations for appointment and specify how nominations are to be made, and(f) specify the close of nominations, and(g) provide any other information about the appointment that the Secretary considers is appropriate to provide.cl 30: Am 2012 (193), Sch 2 [7]–[12].
31 Persons may be invited to nominate for appointment
Nothing in this Division prevents a member of the Council from inviting a person to apply for appointment to the Council under section 8G of the Act if that person is otherwise qualified to apply.cl 31: Am 2012 (193), Sch 2 [7] [13].
32 Current members may nominate
Subject to the Act, a current member of the Council may nominate for re-appointment to the Council under section 8G of the Act and any such nomination is to be considered on the same terms as other nominations.cl 32: Subst 2012 (193), Sch 2 [14].
33 Making of nominations
A nomination for appointment to the Council under section 8G of the Act:(a) must be made in writing using the nomination form determined by the Secretary from time to time, and(b) must be signed by the nominee, and(c) must be accompanied by any declaration required under clause 34, and(d) must be received by the Secretary by the close of nominations.cl 33: Am 2012 (193), Sch 2 [7] [15]–[18].
34 Declaration by nominees
The Secretary may require nominees for appointment to the Council under section 8G of the Act to complete and sign a declaration, in the form determined by the Secretary, with respect to:(a) the nominee’s eligibility to be appointed to the Council under the Act, and(b) any material personal interests of the nominee, or an associate of the nominee, in matters likely to be considered at a meeting of the Council, and(c) such other matters as the Secretary may determine.cl 34: Am 2012 (193), Sch 2 [7] [19]–[22].
35, 36 (Repealed)
cll 35: Rep 2012 (193), Sch 2 [23].
cll 36: Rep 2012 (193), Sch 2 [23].
37 Procedures where positions remain vacant
If the Council decides not to make an appointment to a vacant position under section 8G of the Act from persons who nominated for that appointment, the Council must request the Secretary to issue a new invitation for nominations from external persons following the procedures set out in this Division.cl 37: Subst 2012 (193), Sch 2 [24].
38–40 (Repealed)
cl 38: Subst 2010 (222), Sch 1 [3]. Rep 2012 (193), Sch 2 [23].
cl 39: Rep 2012 (193), Sch 2 [25].
cl 40: Rep 2012 (193), Sch 2 [23].
41 Decision is final
Subject to the Act and this By-law, a decision of the Secretary or the Council relating to any matter under this Division, is final.cl 41: Am 2012 (193), Sch 2 [26].
42 Appointment not invalidated because of certain errors
An appointment to the Council under section 8G of the Act is not invalid only because:(a) a person did not see a notice inviting nominations, or(b) any or all of the documents referred to in this Division were not issued to a person, or(c) the Secretary did not comply with this Division in any respect, or(d) a person who met the criteria for appointment was not appointed.cl 42: Am 2012 (193), Sch 2 [7] [27] [28].
43 Secretary to decide matters
The Secretary may, subject to the Act and this By-law, decide all matters relating to the procedures for the making of appointments under section 8G of the Act.cll 43–45: Am 2012 (193), Sch 2 [7].
44 Timing of appointments
The appointment of a person under section 8G of the Act is to be made (where practicable):(a) in the case of a vacancy that arises because of the expiration of the term of office of the current member—at least 3 months prior to the expiration of the term of the member, or(b) in the case of a casual vacancy—within 3 months after the vacancy arises.cll 43–45: Am 2012 (193), Sch 2 [7].
45 Term of office
The term of office of a member appointed by the Council under section 8G of the Act is to be specified in the instrument of appointment of the member as follows:(a) in the case of a person appointed to fill a vacancy that arises because of the expiration of the term of office of the previous member—a term of up to 4 years commencing on 1 July next following the appointment of the person,(b) in the case of a casual vacancy—the balance of the term of office of the previous member.cll 43–45: Am 2012 (193), Sch 2 [7].pt 3, div 4, hdg: Am 2012 (193), Sch 2 [29]. Rep 2018 (260), cl 3 (5).pt 3, div 4: Am 2012 (193), Sch 2 [29]. Rep 2018 (260), cl 3 (5).pt 3, div 4, sdiv 1: Rep 2018 (260), cl 3 (5).
Divisions 4–6
46–91 (Repealed)
cl 46: Subst 2012 (193), Sch 2 [30]. Rep 2018 (260), cl 3 (5).
cl 47: Rep 2018 (260), cl 3 (5).
cl 48: Am 2012 (193), Sch 2 [31]. Rep 2018 (260), cl 3 (5).
pt 3, div 4, sdiv 2: Rep 2018 (260), cl 3 (5).
cl 49: Am 2010 (222), Sch 1 [4]–[8]; 2012 (193), Sch 2 [32]–[36]. Rep 2018 (260), cl 3 (5).
cl 50: Subst 2010 (222), Sch 1 [9]. Am 2012 (193), Sch 2 [37]–[39]. Rep 2018 (260), cl 3 (5).
cl 50A: Ins 2010 (222), Sch 1 [10]. Am 2012 (193), Sch 2 [40]–[42]. Rep 2018 (260), cl 3 (5).
pt 3, div 4, sdiv 3: Rep 2018 (260), cl 3 (5).
cl 51: Am 2012 (193), Sch 2 [43]. Rep 2018 (260), cl 3 (5).
cl 52: Am 2012 (193), Sch 2 [44] [45]. Rep 2018 (260), cl 3 (5).
cl 53: Rep 2018 (260), cl 3 (5).
cl 54: Am 2012 (193), Sch 2 [46]–[50]. Rep 2018 (260), cl 3 (5).
pt 3, div 4, sdiv 4: Rep 2018 (260), cl 3 (5).
cl 55: Am 2012 (193), Sch 2 [51]–[53]. Rep 2018 (260), cl 3 (5).
cl 56: Am 2012 (193), Sch 2 [54]. Rep 2018 (260), cl 3 (5).
pt 3, div 4, sdiv 5: Rep 2018 (260), cl 3 (5).
cl 57: Am 2012 (193), Sch 2 [55]. Rep 2018 (260), cl 3 (5).
cl 58: Am 2012 (193), Sch 2 [56] [57]. Rep 2018 (260), cl 3 (5).
cll 59–65: Rep 2018 (260), cl 3 (5).
pt 3, div 4, sdiv 6 (cll 66–68): Rep 2018 (260), cl 3 (5).
pt 3, div 4, sdiv 7: Rep 2018 (260), cl 3 (5).
cl 69: Rep 2018 (260), cl 3 (5).
cl 70: Rep 2012 (193), Sch 2 [58].
cl 71: Rep 2018 (260), cl 3 (5).
cl 72: Am 2010 (222), Sch 1 [11]. Rep 2018 (260), cl 3 (5).
cl 73: Am 2012 (193), Sch 2 [59]. Rep 2018 (260), cl 3 (5).
pt 3, div 5: Rep 2012 (193), Sch 2 [60].
pt 3, div 6 (cll 74–91): Rep 2012 (193), Sch 2 [60].
Part 4 Meetings of the Council
92 Ordinary meetings of the Council
The Council is to hold ordinary meetings at least 5 times in each calendar year on such dates as may be approved by the Council from time to time.
93 Special meetings of the Council
(1) The Secretary must convene a special meeting of the Council for the consideration of urgent business on receipt of a written request to do so from:(a) the Chancellor, or(b) in the absence of the Chancellor, the Deputy Chancellor, or(c) the Vice-Chancellor, or(d) at least 5 members of the Council.(2) A request under subclause (1) is to specify the purpose of the meeting and the items to be considered.(3) The date of the special meeting convened under subclause (1) is to be a date within 10 working days after the request to hold the meeting is made.(4) A special meeting of the Council is convened by giving notice of the meeting to each of the members of the Council in accordance with clause 95.
94 Members to give notice of business for consideration at Council meeting
(1) The Secretary, or a member of the Council, may initiate a matter for discussion at a meeting of the Council.(2) A motion may be put to a vote of the Council only if it has been moved by a member of the Council.
95 Secretary to give notice of Council meetings
(1) The Secretary must send a notice of the date, time and place of a meeting of the Council to each member of the Council at least 5 working days before the meeting.(2) A notice under subclause (1) may be sent by electronic mail or by such other written means as determined by the Secretary.(3) The notice is to be accompanied by a copy of the business papers for the meeting and any relevant supporting documents.(4) The Secretary may, by a further notice sent by electronic mail delivered not less than 2 working days before the meeting, notify members of the Council of any supplementary business that is to be put before the meeting.(5) Where a special meeting is convened under clause 93, the Secretary must give such notice of the date, time, place and business of the meeting as is reasonable in the circumstances.
96 Person presiding at meeting of Council to have casting vote
(1) The person presiding at a meeting of the Council has a deliberative vote and also has a casting vote if the votes for and against a motion are equal.(2) A motion lapses if the person presiding declines to exercise a casting vote when the votes for and against the motion are equal.
97 Adjournment of Council meetings
The Council may, by resolution, adjourn a meeting of the Council to a later time or date at the same or another place.
98 Standing over of unfinished business
If, at a meeting of the Council, a quorum is not present:(a) within half an hour after the time fixed for the meeting, orall business that should have been transacted at the meeting is to be stood over until the next ordinary meeting, and is to take precedence at that meeting, unless a special meeting is convened in the meantime for the transaction of that business.(b) within such further time as the person presiding may reasonably allow,Note—Under clause 8 of Schedule 1 to the Act, a quorum is a majority of the total number of members for the time being of the Council.
99 Validity of proceedings
Proceedings at a meeting of the Council are taken to have been validly transacted even though the Secretary may have failed to comply with this Part in any respect or any person may not have received notice of the meeting or any business papers or other documents relevant to the meeting.
100 Council may make “standing orders”
Without limiting clause 108, the Council may make rules, not inconsistent with this Part, for regulating the procedure at meetings of the Council. Those rules may be referred to as “standing orders”.
Part 5 Academic Senate
Note—
Section 16 of the Act provides for there to be an Academic Senate of the University consisting of the Vice-Chancellor, members of the academic staff of the University, and of other universities, appointed by the Council and such other persons as are determined by the Council in accordance with the by-laws.
101 Qualifications for appointment to Academic Senate
The Council may by resolution determine the qualifications required to be held by persons in order to become members of the Academic Senate under section 16 (1) (d) of the Act.
102 Constitution of Academic Senate
The Council may by resolution determine the persons who are to be members of the Academic Senate under section 16 (1) (d) of the Act.
103 Casual vacancies
(1) If a person who holds office as a member of the Academic Senate under section 16 (1) (d) of the Act by virtue of having been elected by a body of, or a body associated with, the University vacates office during the first 12 months of the member’s term of office, the vacancy is to be filled by the Council after an election held by the Council.(2) If a person who holds office as a member of the Academic Senate under section 16 (1) (d) of the Act by virtue of having been elected by a body of, or a body associated with, the University vacates office during the last 12 months of the member’s term of office, the vacancy is to be filled by an appointment made by the Council.(3) If a person who holds office as a member of the Academic Senate under section 16 (1) (d) of the Act by virtue of having been appointed or nominated to that office by a body of, or a body associated with, the University vacates office during the member’s term of office, the vacancy is to be filled by the Council from a nomination made by that body.(4) A person is not eligible to be elected, appointed or nominated to fill a vacancy under this clause unless he or she holds the appropriate qualification (if any) to be a member of the Academic Senate of a category of the office that was vacated.(5) A person who fills a vacancy under this clause holds office as a member of the Academic Senate, subject to the Act and this By-law, for the rest of the term of the person’s predecessor in office.(6) In this clause, body includes a combination of bodies.
104 Term of office
(1) A member of the Academic Senate referred to in section 16 (1) (c) or (d) of the Act holds office, subject to the Act and this By-law, for 2 years from and including the date on which the member takes office.(2) This clause does not apply to persons who are members of the Academic Senate only because they hold particular offices or positions at the University.
105 Functions of Academic Senate
(1) The principal functions of the Academic Senate as the principal academic body of the University are as follows:(a) to advise the Council and the Vice-Chancellor on all matters relating to teaching, scholarship and research conducted at or in connection with the University,(b) to ensure the high quality of teaching and learning within the University by developing and implementing appropriate policies,(c) to determine lists of graduands of the University specifying the award and the level of award that each of the graduands is to receive,(d) to advise the Vice-Chancellor on the teaching and research activities of the University and on the allocation of teaching and research responsibilities within the University’s faculties,(e) to consider and report on all matters referred to it by the Council or the Vice-Chancellor,(f) to make recommendations to the Council or the Vice-Chancellor about academic standards or facilities at the University.(2) The Council may make rules under clause 108 that confer additional functions on the Academic Senate.(3) The Academic Senate has such other functions as may be necessary to enable it to exercise the functions specified in subclause (1) or added by virtue of subclause (2).
106 Procedure of Academic Senate
The Council may by resolution provide for the procedure for electing or appointing members of the Senate to be its Presiding Officer and Deputy Presiding Officer.
107 Committees of Academic Senate
(1) The Academic Senate may constitute 1 or more committees.(2) Such a committee of the Academic Senate is prescribed under section 20 of the Act as a body to which the Council may delegate all or any of its functions (except the power of delegation) but only in relation to those functions conferred on the Academic Senate under clause 105.
Part 6 Rules
Note—
Section 32 of the Act provides that the by-laws may empower any authority (including the Council) or officer of the University to make rules for or with respect to any or all of the matters for or with respect to which by-laws may be made, except matters referred to in sections 3 (2), 8C, 8E–8H, 9 (1) (c) and (d), 10 (2), 15 (1), 19 (1) (d) and (e), 26 and 31 (1) (b) and (k) of, and clause 3 of Schedule 1 to, the Act. The section also provides that a rule:
(a) has the same force and effect as a by-law, and
(b) may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and
(c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and
(d) must indicate the authority or officer who made the rule and that it is made under section 32.
pt 6, note: Am 2012 (193), Sch 2 [61] [62].
108 Council may make rules
(1) The Council may make rules in accordance with section 32 of the Act.(2) If the Council makes a rule, the Secretary must ensure that:(a) the rule is published on the Internet on the website of the University, and(b) copies of the rule are made available for inspection at the office of the Vice-Chancellor.(3) Any amendment or repeal of a rule must be published and made available in accordance with subclause (2).(4) The fact that clauses 109 and 110 confer on the Vice-Chancellor or the Academic Senate the authority to make a rule does not prevent the same matter from being the subject of rules made by the Council.
109 Vice-Chancellor may make rules
(1) The Vice-Chancellor may make rules in accordance with section 32 of the Act for the management and discipline of the University.(2) If the Vice-Chancellor makes a rule, the Vice-Chancellor must ensure that:(a) the rule is published on the Internet on the website of the University, and(b) a copy of the rule is tabled at the next meeting of the Council, and(c) copies of the rule are made available for inspection at the office of the Vice-Chancellor.(3) Any amendment or repeal of a rule must be published and made available in accordance with subclause (2).
110 Academic Senate may make rules
(1) The Academic Senate may make rules in accordance with section 32 of the Act for or with respect to the following:(a) the establishment of committees of the Academic Senate (provided that the functions of those committees do not exceed the functions conferred on the Academic Senate under clause 105),(b) the manner and time of convening, holding and adjourning meetings of the Academic Senate and its committees,(c) the manner of voting at meetings of the Academic Senate and its committees,(d) the conduct of business of the Academic Senate and its committees.(2) If the Academic Senate makes a rule, the Chair of the Academic Senate must ensure that:(a) the rule is published on the Internet on the website of the University, and(b) a copy of the rule is tabled at the next meeting of the Council, and(c) copies of the rule are made available for inspection at the office of the Vice-Chancellor.(3) Any amendment or repeal of a rule must be published and made available in accordance with subclause (2).
111 Interpretation of rules
Expressions used in any rule made under this Part have the same meaning as in the Act or in this By-law.
112 Inconsistency between rules
If the Vice-Chancellor or Academic Senate makes a rule that is inconsistent with a rule made by the Council, the rule made by the Council prevails to the extent of the inconsistency.Note—Section 32 (3) of the Act provides that in the event of any inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.
Part 7 Miscellaneous
113 Conferring of honorary awards
(1) The Council may confer, honoris causa, any degree of the University.(2) A degree awarded by the Council honoris causa before the commencement of this By-law is taken to have been conferred pursuant to this clause.
114 Designation of members of staff
(1) For the purposes of Part 3, a person is designated as academic staff if that person holds a position:(a) on a continuing basis, orand the hours of work required by that position are at least half that of an equivalent full-time position.(b) on a contract basis where the contracted position is for a duration of at least 2 years,(2) For the purposes of Part 3, a person is designated as general staff if that person holds a position:(a) on a continuing basis, orand the hours of work required by that position are at least half that of an equivalent full-time position.(b) on a contract basis where the contracted position is for a duration of at least 2 years,cl 114: Subst 2010 (222), Sch 1 [12].
114A Additional members of staff of the University
Members of the full-time general staff of the University are prescribed as additional members of the University for the purpose of section 4 (c) of the Act.cl 114A: Ins 2010 (222), Sch 1 [13].
115 Repeal
(1) The Charles Sturt University By-law 1995 is repealed.(2) Any act, matter or thing that had effect under the Charles Sturt University By-law 1995 immediately before its repeal is taken to have effect under this By-law.(3) In particular, any rule made pursuant to a provision of the Charles Sturt University By-law 1995 and in force immediately before the repeal of that By-law is taken to have been made pursuant to the corresponding provision of this By-law.
116 Transitional provision—membership of the Council
(1) Subject to Schedule 4 to the Act, a person who held office under the Charles Sturt University By-law 1995 immediately before its repeal continues to hold that office for the remainder of the term of the person’s office.(2) Subject to Schedule 4 to the Act, the person who held the office of Chancellor immediately before the repeal of the Charles Sturt University By-law 1995 is to continue to hold that office until 31 December 2006.