Statute 1.1 - Preliminary
1.1.1 These statutes are cited as The University of Melbourne Statutes.
1.1.2 (1) In these statutes, unless inconsistent with the Act or any statute, or unless a contrary intention appears-
- 'academic registrar' means the office holder duly appointed with that title, or with a title including that term, and includes a person duly appointed to act in the place of that officeholder for the time being;
- 'academic year' means-
- the period commencing on and including the Monday falling on or closest to the first day of March of each calendar year and concluding at the end of the annual examination period; or
- any other period determined by the Board;
- 'Act' means the University of Melbourne Act 2009: where any provision in these statutes is inconsistent with a provision in the Act the provision in the Act prevails;
- 'acting officer' means a person duly appointed or elected to act in the place of an office-holder for the time being;
- 'affiliated institution' or 'affiliated body' means a college, educational, commercial, cultural, sporting or other institution, organisation or body affiliated to the University under section 29 of the Act and in chapter 9 of the statutes and regulations;
- 'appropriate faculty' means the faculty to which a course or subject pertains or has been assigned for administrative purposes or, if a course or subject does not pertain, or has not been assigned for administrative purposes to a faculty, the Board;
- 'assessment' means assessment in accordance with Statute 11.1 and the regulations and policies determined by the Board;
- 'Board' means the Academic Board - constituted under Statute 4.1;
- 'body' or 'body of the University' means a body of the University other than Council which is constituted as provided under the Act or any statute or regulation and includes a faculty, a department, a school, an institute, a centre, a board or a committee;
- 'Calendar' means The University of Melbourne Calendar;
- 'Chancellor' means the Chancellor of the University appointed under section 24 of the Act and Statute 2.3;
- 'chief financial officer' means the chief financial officer appointed pursuant to a regulation made under Statute 2.5;
- 'controlled entity' means an entity that satisfies the test of control in section 50AA of the Corporations Act 2001 (Commonwealth);
- 'Council' means the Council of the University constituted under section 8 of the Act;
- 'dean' means the dean (or co-dean as applicable) of a faculty appointed under Statute 5.1;
- 'department' in relation to-
- an academic department means a department established as provided under Statute 5.1;
- any other department means a semi-autonomous body established as provided under Statute 8.1, or an administrative unit or group of units determined by the vice-chancellor to constitute an administrative department;
- 'deputy chancellor' means a deputy chancellor appointed under section 25 of the Act and Statute 2.3;
- 'deputy vice-chancellor' means a deputy vice-chancellor appointed under section 25 of the Act and pursuant to a regulation made under Statute 2.5;
- 'diploma' includes all awards granted by the University other than degrees;
- 'division' means an organisational grouping declared by the vice-chancellor to be a division;
- 'election officer' means a person nominated by the registrar to assist the registrar in the conduct of an election under the Act or the statutes;
- 'elector' means a person who is eligible to vote in an election held under the Act or the statutes;
- 'faculty' means a faculty established as provided under Statute 5.1, or a graduate school established as a faculty as provided under Statute 5.1;
- 'graduate school' means a graduate school established as provided under Statute 5.1;
- 'GSA' means 'University of Melbourne Graduate Student Association Inc' (ABN 11 274 192 974);
- 'higher degree' means a degree of master or doctor or a graduate diploma or postgraduate diploma;
- 'investment pool' means an investment pool or common fund established under section 40 of the Act;
- 'Library' means The University of Melbourne Library;
- 'member of the University' means any person coming within the terms of section 4(3) of the Act, holders of honorary appointments at the University and such other persons or classes of persons who Council may designate as members of the University, whether under section 9(2)(d) of the Act or otherwise;
- 'MUSUL' means MU Student Union Limited (ABN 89 107 286 706);
- 'office-holder' means a person duly appointed or elected to hold any office under the Act or the statutes;
- 'postgraduate diploma' includes a graduate diploma for the purposes of section 3(2)(b) of the Act;
- 'pro-vice-chancellor' means a pro-vice-chancellor appointed pursuant to a regulation made under Statute 2.5;
- 'provost' means a deputy vice-chancellor appointed as the provost pursuant to a regulation made under Statute 2.5;
- 'recognised institution' or 'recognised body' means an institution or body recognised by the University for any of the purposes described in section 29(1)(w) of the Act and in chapter 9 of the statutes and regulations;
- 'regulation' means a regulation made in accordance with the provisions of Part 5 of the Act;
- 'relevant electorate' means the relevant group of persons empowered by section 11(5) of the Act to elect a member of Council;
- 'resolution' means a determination of Council, the Board or any other body of the University made in accordance with the procedural requirements of that body;
- 'returning officer' means the university secretary;
- 'school' means any academic unit established as a school of the University pursuant to Statute 5.1 and includes a graduate school that is not identified, by regulation, as a faculty;
- 'semester' means a period of time determined by the Board;
- 'senior vice-principal' means the senior vice-principal appointed pursuant to a regulation made under Statute 2.5;
- 'standing resolution' means a resolution declared to be a standing resolution made by Council, the Board or any other body of the University which is consistent with the powers of that body and which is not inconsistent with the statutes and regulations;
- 'statute' means a statute of the University made in accordance with the provisions of Part 5 of the Act;
- 'UMSU' means the UMSU Incorporated (ABN 78 125 531 707);
- 'University' means The University of Melbourne (ABN 84 002 705 224);
- 'University secretary' means the university secretary appointed pursuant to a regulation made under Statute 2.5;
- 'University Students Loan Fund' means the fund established by the University for the purposes of providing financial assistance to students;
- 'Vice-Chancellor' means the vice-chancellor and president appointed under section 26 of the Act and Statute 2.4;
- 'Year' means the courses or subjects which must be completed by a student in any academic year, or as otherwise provided by the Board, to meet the requirements specified for the granting of a degree or diploma.
(2) The statutes of this chapter apply in the interpretation of all statutes and regulations.
(3) Unless a contrary intention appears, the Interpretation of Legislation Act 1984 applies to the interpretation of all statutes.
(4) In any reference to a statute by numbers, the number before the first period refers to the chapter, the number before the second period refers to the statute and the number immediately after the second period refers to the section.
(5) A schedule appended to a statute forms part of the statute to which it is appended.
(6) Footnotes to a statute do not form part of the statute.
- [s. 1.1.3(1) am. 9/5/95, s. 1.1.3(1) am. 1/12/97, s. 1.1.3 (1) am. 2/11/98, am. 3/5/99, effective 1/7/99. Definition 'vice-principal (administration)' replaced by 'senior vice-principal', '(corporate services)' deleted from title of 'vice-principal and chief financial officer' 5/3/01, Definition 'general purposes of the University' enacted 3/6/02, s. 1.1.3(1) Definition 'MUSUL' enacted 12/7/04, approved by Minister 10/5/05, s.1.1.3(1) Definition 'UMSU' enacted 6/3/06, approved by Minister 19/4/06, approved by Minister 13/3/08; section 1.1.2 deleted, section 1.1.3 re-numbered and amended 12/7/10 – approved by the Minister 29/9/10; ; affiliated institution, deputy vice-chancellor, GSA, MUSUL, recognised body, UMSU, University amended and committee of convocation deleted and controlled entity and member of the University inserted by Council 6/12/2010 – Approved by the Minister 11/1/2011; definition of dean amended 29/4/13 – approved by the Minister 13/6/13.]
Statute 1.2 - Acting Officers, Offices, Nominees
- In any statute or regulation, a reference to an office-holder is to be read as including a reference to an acting officer.
- An acting officer, when acting in the place of an officer-holder, is to be regarded as a member of any body of which the office-holder is a member by virtue of the office.
- Subject to these statutes an acting officer when acting in the place of an officer-holder may exercise the same powers as the office-holder may exercise by virtue of the office.
- If a statute or regulation provides for the appointment of a person to an office at the University by virtue of some other office held by that person, that person must, unless the contrary intention appears, hold the appointment by virtue of that other office.
- Subject to these statutes and any instrument of appointment made under these statutes-
a. the term of office of an office-holder is one year; and
b. an office-holder is eligible for reappointment.
- In this section-
"prescribed office-holder" means the Chancellor, deputy chancellor, vice-chancellor, provost, deputy vice-chancellor, president or vice-president of the Board, senior vice-principal, chief financial officer, university secretary, academic registrar, University librarian or dean or any other officer to whom Council by regulation specifies this section applies.
- Subject to these statutes and any regulations made by Council, a prescribed office-holder who is eligible for membership of a body by virtue of the office may nominate a member of the University for a period not exceeding one year to attend any meeting of the body in the place of the prescribed office-holder.
- A member of the University may be nominated concurrently under sub-section (2) by more than one prescribed office-holder but must not attend any meeting in the place of more than one prescribed office-holder.
- [s. 3, (1) am. 3/5/99. Effective 1/7/99; s1.2.1(4) deleted, s 1.2.3(10 and (2) amended by Council 10/5/10 – approved by the Minister 16/6/10;]
Statute 1.3 - Meetings
Unless otherwise provided in the Act or in any statute or regulation, no question is to be decided at any meeting of a body unless at least three members or one fifth of the total membership of the body are present whichever is the greater.
Procedure at meetings
Except where the Act or any statute or regulation provides to the contrary a meeting of any body of the University must be conducted in accordance with the following provisions-
a. if the quorum prescribed for meetings of the body is not present within thirty minutes of the time nominated for commencement of a meeting, the meeting is to be regarded as cancelled;
b. if a meeting is cancelled under the preceding sub-section, the business for that meeting of which notice has been given takes priority at the next scheduled meeting of the body;
c. if the chairperson of a body is absent or vacates the chair, a meeting must be chaired by the vice-chairperson or, if there is no vice-chairperson, by a person elected by a majority of votes of the members present;
d. a meeting may commence after a quorum is present and must continue until such time as business on the notice of business is completed or the meeting is adjourned or a member of the body draws the attention of the chairperson of the meeting to the absence of a quorum;
e. all questions which come before any meeting must be decided by a majority of votes of the members present and voting provided the number of votes in the majority is not less than half the number of members required to constitute a quorum;
f. the chairperson has a vote and, in case of an equality of votes, a casting vote;
g. a resolution at any meeting is not rendered invalid by the absence of any member of the body or by any defect in the election or appointment of a member attending the meeting if the defect is discovered at any time after the meeting is concluded.
Minutes of previous meeting
- A copy of the minutes of the previous meeting of a body of the University must be made available to members of the body before commencement of a meeting or must be read aloud after commencement of the meeting.
- A motion to amend the minutes of a previous meeting may be made by any member and is to be determined by a majority of votes of members present.
- Subject to any amendments proposed and approved under the preceding sub-section, the minutes of a previous meeting are to be regarded as a true and accurate record of that meeting and must be signed by the chairperson.
- Minutes of meetings of Council and its committees, the Board, the faculties and such other bodies as Council may determine are to be retained by the university secretary and are to be regarded as official records of the University.
- [Am. 3/5/99, effective 1/7/99, Edit. Am. 11/7/05; s 1.3.3(4) amended by Council 10/5/10 – approved by the Minister 16/6/10; s1.3.3(4) amended by Council 2/5/11 - approved by the Minister 2/6/11. ]
Statute 1.4 - Publication of Statutes and Regulations
University secretary to publish statutes and regulations
The university secretary must publish all statutes and regulations in a form approved by Council accessible by such means as Council determines.
University secretary to publish standing resolutions of the Council
The university secretary must publish all standing resolutions made by Council in a form approved by Council accessible by such means as Council determines.
Academic registrar to publish student information
- The academic registrar must publish at least annually in a form approved either by Council or by the Board, as appropriate, handbook and other academic and student information as required by Council or the Board.
- Where a statute or regulation contains academic and student information which directly affects students, the information must be provided or otherwise made available to them on enrolment and re-enrolment. A change to a statute or regulation which occurs during an academic year and which directly affects students during that academic year may be made only after an assessment of the impact of changes and provision of reasonable notice to those affected.
- [Am. 3/5/99, effective 1/7/99, Ss. 1 and 2 Am. 6/9/99; ss1.4.1, 1.4.2 and 1.4.3 amended by Council 10/5/10 – approved by the Minister 16/6/10;]
Statute 1.5 - Seal of the University
In this statute-
- "authorised officer" means the Chancellor, a deputy chancellor, the vice-chancellor, the provost, a deputy vice-chancellor, a pro-vice-chancellor or the senior vice-principal.
Custody and use of the seal
The seal of the University must be kept in a secure location approved by the university secretary, and is to be used only as provided in this statute.
Affixing of the seal by the university secretary
- The university secretary is hereby authorised in that capacity to sign (whether or not also with an authorised officer), and to affix the seal-
- to the certificate to be issued for a degree or diploma;
- to the copy of a statute or regulation or amendment thereof required to be submitted to the Minister; and
- to any document being a true copy-
- of any statute or regulation or amendment thereof or any rule made there under; or
- of any minute or part of a minute of a meeting of Council, or of any committee or other body of the University; or
- of any other official document or muniment of the University;
- If the university secretary is absent or unable to act, and an acting university secretary has not been appointed, a deputy nominated for the purpose by the university secretary may affix the seal in accordance with this section.
Affixing of seal on direction of Council or an authorised officer
- Any document, other than a document referred to in section 1.5.3, required to be under the seal of the University must have the seal affixed to it only-
- on the direction of Council; or
- in formal matters or in circumstances of urgency, on the direction of an authorised officer.
- An authorised officer who directs that the seal be affixed to a document must report the matter to Council as soon as practicable after giving the direction.
Form of the seal
When the seal is affixed under section 1.5.4 the form used is either-
- 'Given under the Common Seal of The University of Melbourne by direction of Council'; or
- 'Given under the Common Seal of The University of Melbourne by direction of an officer authorised for the purpose under Statute 1.5.4 of The University of Melbourne Statutes'
and the seal must be attested by an authorised officer and by the university secretary or deputy nominated for the purpose.
Other means of executing a document as a deed
Notwithstanding section 1.5.4, the University may also execute a document (other than a document referred to in section 1.5.3) as a deed if the document is expressed to be executed as a deed and is signed by two authorised officers, or by one authorised officer and the university secretary, provided that the university secretary must report the execution of any such document by this means to Council as soon as practicable thereafter.
- [s. 1 am. 1/12/97, s. 3(1)(b) am. 3/5/99, approved by Minister 13/3/08; ss 1.5.1, 1.5.2, 1.5.3, 1.5.4 and 1.5.5 amended and s 1.5.3(3) deleted by Council 10/5/10 – approved by the Minister 16/6/10;]
Statute 1.6 - External Appeals
Statutes and Regulations of the University
The statutes and regulations of the University set out various powers, duties and functions of office-holders and bodies within the University for the resolution of disputes, the making of determinations and other matters concerning the affairs of the University.
Internal procedures for addressing student and staff complaints and grievances
Council may from time to time promulgate internal procedures which apply within the University for addressing student and staff complaints and grievances.
External appeals not excluded
Nothing in the statutes or regulations excludes or is intended to exclude:
- the operation of any law giving a person a right to apply to a court for review of a decision or determination made under any of the statutes or regulations; or
- the right of any student or member of staff to lodge complaints and grievances with an appropriate body external to the University, including the relevant ombudsman or equivalent agency.
- [Enacted 15/12/03.]
Statute 1.7 - University Governance
Constitution and government
- The University is constituted in accordance with the terms of the Act, and statutes and regulations of the University made thereunder.
- Policies made or approved by Council, the vice-chancellor, the Board, or a faculty which are within the powers of the relevant body or officer, as the case may be, and which are consistent with the statutes and regulations, also form part of the governance framework of the University, but do not constitute delegated legislation of the University
Objects of the University
The objects of the University include those which are set out in section 5 of the Act.
Values of the University
All members of the University should adhere to the values of the University in all dealings at or related to the University, consistent with and to the extent required by virtue of their positions in the University, and doing so in a way which is consistent with the principles of justice, equity and the pursuit of excellence. These values are –
- maintaining the highest international standards of ethics and quality in research, teaching and administration;
- advancing the intellectual, cultural, economic and social welfare of the Melbourne, Victorian and Australian communities, and recognising the particular needs and aspirations of indigenous Australians;
- working with other universities to extend educational opportunity and enrich intellectual discourse, educational quality and research activity around the world;
- advocating and upholding fundamental human rights, in particular the principle of equal opportunity, as the only just, sustainable basis for a humane civilisation and challenging all staff and students to understand and accept their moral responsibilities as educated, informed, tolerant citizens of their own societies and of the wider international community;
- preserving, defending and promoting the traditional principles of academic freedom in the conduct of its affairs, so that all scholars at the University are free to engage in critical inquiry, scholarly endeavour and public discourse without fear or favour;
- sustaining a diverse, harmonious scholarly community committed to equity and merit as the fundamental principles encouraging and assisting staff and students to realise their full potential; and
- maintaining a safe, rewarding, environmentally sustainable learning and working environment for the University community.
The strategic planning of the University must reflect the objects of the University as set out in the Act and the values of the University as set out in this statute.
Powers and responsibilities of Council
- Council is the governing body of the University and has the entire direction and superintendence of the University.
- The primary responsibilities of Council comprise those matters set out in section 8(3) of the Act, and the following:
- ensuring that the University is managed lawfully, ethically and prudently;
- approving the University's strategic and business plans, and specifically the strategic goals and financial objectives contained therein;
- deciding the expenditure authorisation limits to be delegated to the vice-chancellor and other senior officers of the University, and approving expenditure above those levels;
- approving any significant changes to the organisational structure of the University;
- determining what academic authorities are to be delegated to the Board;
- overseeing the establishment of University charitable trusts and the proper discharge of University trust obligations;
- approving investments and strategic commitments that may have a material effect on the assets, financial performance or operations of the University and any material change in the nature of the business or role of the University;
- monitoring the decisions and actions of the vice-chancellor and the performance of the University to ensure satisfactory progress is being made towards the vision, strategic goals and financial objectives of the University as reflected in approved plans;
- approving the University master plan;
- monitoring relations between the University, governments and the external community;
- approving the appointment of the vice-chancellor, deputy vice-chancellors (including provost), deans, senior vice-principal and other members of the professional staff as specified from time to time;
- determining any matters referred to it by the vice-chancellor or the Board; and
- ensuring that all external accountabilities are met.
- Council may delegate any of its powers, authorities, duties and functions (other than this power of delegation and as set out in the Act) to the vice-chancellor and otherwise as set out in section 18 of the Act.
- Council must appoint a chancellor as the senior officeholder of the University, as well as at least one deputy chancellor, with such powers and responsibilities as provided in the Act and in any statutes or regulations of the University made thereunder.
- Subject to the Act and any statutes or regulations of the University, the chancellor by virtue of the office, is a member of all bodies of the University but has no executive function in the management or administration of the University
Powers and responsibilities of the vice-chancellor
- The vice-chancellor is the chief executive officer of the University, accountable to Council for all powers and responsibilities vested in the vice-chancellor.
- Subject to the powers and responsibilities of Council as set out in section 1.7.5, the vice-chancellor is accountable to Council for:
- the management and administration of the University;
- reporting systematically to Council on progress being made by the University towards achievement of any strategic plans approved by Council from time to time; and
- supplying Council and its committees with adequate, appropriate and timely information to enable Council and its committees to conduct inquiries, to make assessments and judgments, and to gain assurance that the decisions and actions of the vice-chancellor are appropriate to the objects and values of the University, and remain within the limitations set out in sub-section (3).
- Subject to sub-section (4), the vice-chancellor must :
- promote commonly accepted standards of business practice and ethics;
- encourage integrity, respect and dignity in relationships amongst those involved in or affected by the University's activities;
- assess the likely impact of any change in the financial and academic position of the University and in the achievement of its objects and values arising from any planned and material allocation of the University's resources;
- assess the likely health, safety and environmental consequences, and the impact on the achievement of the objects and values of the University, of any planned decisions or actions of the University;
- assess the likely effect on the reputation of the University and the impact on the achievement of the objects and values of the University of any planned decisions or actions of the University; and
- ensure that the University has a system of controls for identifying and managing the risks that are material to the achievement of the objects and values of the University, its strategy and plans.
- The vice-chancellor is entitled and expected to use any reasonable interpretation of the nature and scope of the powers and responsibilities vested in the vice-chancellor, together with applicable limitations as set out in this section.
- Subject to the Act, University statutes and regulations, the vice-chancellor may delegate any of his or her functions, powers and duties to-
- any appropriately qualified member of staff; or
- any committee established from appropriately qualified members of staff.
Other powers and responsibilities
- The powers and responsibilities of the Board are set out in Statute 4.1 and any regulations made thereunder, but do not derogate from the overall power and responsibilities of the vice-chancellor for the management and administration of the University, subject to the direction and superintendence of Council.
- The powers and responsibilities of the faculties (including those graduate schools established as faculties) are set out in Statute 5.1, with deans of faculties being the accountable officers in each case, with the powers and responsibilities as set out therein.
- The powers and responsibilities of other academic units of the University are set out in the governance arrangements approved by Council or the vice-chancellor for those academic units which Council or the vice-chancellor establishes from time to time as provided in Statute 5.1.
- [Enacted by Council 10/5/10 – approved by the Minister 16/6/10, effective from 1/7/10;]
Regulations Made Under Statute 1.7
- Regulation 1.7R1 - Council Elections