Chapter 1 - Resolutions on Council
Standing Resolution 1.2 - Standing Orders of Council
- Subject to the University of Melbourne Act 2009 ("Act"), the University of Melbourne Statutes ("the Statutes")1 and the provisions of these standing orders, the rules, forms, and usages of the Legislative Assembly of the Parliament of the State of Victoria are to be followed in so far as they are applicable to Council meetings.
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The University Secretary, subject to the directions of the Chancellor, must prepare an agenda of the business of each meeting.
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Matters deemed by the University Secretary to require discussion are designated by one "star" on the agenda. Matters which are to be moved for adoption or received as a whole are "unstarred". At the commencement of each meeting, members will be given an opportunity to star any or all of the items which are unstarred on the agenda.
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The agenda is deemed to include all matters of which notice is given in preliminary or supplementary agendas provided to members prior to the meeting in accordance with the provisions of section 2.2.4(i) of Statute 2.2.
- Section 10 of Schedule 1 of the Act states-
"At every meeting of the Council the Chancellor, or in his or her absence, a deputy‑chancellor elected by the meeting is to preside as chairperson; and in the absence of the Chancellor and a deputy‑chancellor the members of the Council present must elect a chairperson."
Confirmation of minutes of previous meeting
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On completion of all preliminary matters, including ceremonial, announcements, ordering of the agenda and matters relating to Council membership, the first business at every meeting is the consideration of a motion for the confirmation of the minutes of the preceding meeting ("previous minutes").
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Unless any member of Council raises any question as to the accuracy of the previous minutes, no discussion with respect to the previous minutes is permitted, and, after insertion of any amendments agreed by a majority of members of Council present, the previous minutes as confirmed must then be signed by the chairperson.
- Unless Council otherwise resolves, the order of business of every ordinary meeting (after the signing of the previous minutes) must be as set out in the agenda for the meeting as follows-
- Formal Business;
- Reports of Senior Officers;
- Reports of Council Committees and Other Governing Bodies;
- Other Business;
- At each meeting of Council, following receipt of the Vice-Chancellor’s report, provision will be made for members to raise issues of concern. During this session, the formal rules of debate do not apply and motions will not be considered. Any motion which might arise is to be taken as a motion on notice for the subsequent meeting.
- The voting procedure at Council meetings is as follows-
10.1 Subject to paragraph 10.2 below, voting must be by show of hands and the result must be declared by the chairperson.
10.2 Council may, with respect to any motion before it, resolve that voting is to be by secret ballot.
10.3 A motion is carried if voted for by a majority of the members present or, if the agreement of a specified number of members is required by statute, by the number of members so prescribed.
- After any petition or application of a similar kind has been presented at a meeting no motion is permitted on any of the matters raised therein until the next ordinary meeting unless Council decides that in all the circumstances the matters should be dealt with urgently.
- Any member wishing to move a substantive motion or amendment must state the nature of the proposed motion before addressing Council thereon and must complete their address by formally moving the motion.
- A motion or amendment moved by a member must not be discussed, nor put to the vote of Council, unless it has been seconded by another member.
- At every meeting of Council every motion other than a procedural motion, whether a substantive motion or an amendment, except-
14.1 a motion by a member presenting a report from a committee; or
14.2 a motion by the Vice-Chancellor presenting the Vice-Chancellor's report; or
14.3 when leave is granted by the chairperson;
must be reduced to writing, signed by the mover, and delivered to the chairperson immediately it has been moved and seconded.
Absence of members giving notice
- A motion must not be proceeded with in the absence of the member who has given notice of the same unless the member so consents in writing.
| 16. | 16.1 Each starred item must be placed before the meeting by the chairperson who must then call upon the appropriate member, or members, of Council to present the item. |
| 16.2 If two or more members seek to address the meeting at the same time the chairperson must decide the order in which they are to be heard. | |
| 16.3 Any member wishing to move a motion or amendment or taking part in any discussion thereon must address the chairperson and must not be interrupted except by the chairperson or upon a point of order being made. When a ruling has been made on the point of order, the member may, unless prohibited by the ruling, proceed with his or her address. |
- A member must not digress from the subject matter of the question under discussion
Enforcement of Standing Orders
- A member may, at any time, seek the enforcement of any standing order by raising a point of order.
- A motion or amendment must not be withdrawn except by the leave of the Council.
Chairperson addressing the Council
- The chairperson must not leave the chair when addressing the Council or discussing any question.
- A member must not speak to any one motion for more than seven minutes without the leave of Council. Any extension of time granted by Council will not normally exceed five minutes.
- A member must not speak a second time on the same question, unless-
22.1 the member has a right of reply; or
22.2 the member wishes to explain any misrepresentation or misunderstanding apparently arising in connection with the motion; or
22.3 the chairperson gives leave; or
22.4 the member's address has been interrupted on a point of order.
For the purposes of this standing order, a member who has moved a substantive motion is deemed to have spoken thereon, but a member seconding the motion is deemed not to have spoken upon it.
- The mover of a substantive motion, but not a person moving an amendment to a motion, has a right of reply, after the exercise of which the motion must be put to the vote by the chairperson.
- When ruling upon points of order the chairperson must refer to the provision, rule, or practice which he or she considers to be applicable to the case and must give reasons for the decision. With the exceptions provided in standing orders 25 and 35 the chairperson's decision on the point of order is, in each case, final.
- If the chairperson rules any motion or amendment out of order it must be removed from the business of the meeting unless a further motion is passed by Council permitting further discussion and voting on the original motion or amendment.
- If any amendment is rejected by Council a second amendment may be moved to the question to which the first mentioned amendment was moved, but only one amendment is to be submitted to Council for discussion at a time.
No second or subsequent amendment of a substantive motion is to be debated until the previous amendment has been disposed of. The chairperson must rule an amendment of an amendment out of order.
Effect of rejection of words in original motion
- If any words in an original motion are deleted, any words proposed in substitution for them must form the next motion, after which any further amendment to substitute yet other words may be moved.
- No resolution of Council may be rescinded within three months of the date on which it has been passed unless Council resolves that special or changed circumstances make it necessary to do so.
- If a debate on any motion is interrupted because the number of members present ceases to be a quorum the debate may be resumed at the next meeting of Council from the commencement point of that debate.
Motion that question now be put to the vote
- Any member may move that a motion or amendment before the meeting be put to the vote. The Chairperson has the discretion to refuse the closure motion. If the closure motion is accepted and carried, the question must be put to the vote but only after a member entitled to reply has been given that right.
- Any of these standing orders may be suspended for a special purpose if-
31.1 either notice of motion to suspend a standing order is given on the agenda for the meeting or the majority of members present at a meeting have agreed that such a motion may be put;
31.2 members present have been given an opportunity to debate the question; and
31.3 the motion is carried by the majority of the members present.
- The chairperson may call to order any member who behaves in a disorderly or offensive manner or uses offensive language.
- A member who is called to order must be seated and silent unless permitted by the chairperson to explain his or her conduct.
- Any member or other person attending a meeting of Council who behaves in a disorderly or offensive manner may be requested by the chairperson to leave the meeting.
- Any person who engages in any disorderly or offensive conduct at a Council meeting, or who fails to leave the meeting when requested to do so, may be found by the chairperson to be guilty of misbehaviour unless Council dissents from the chairperson's ruling.
- Any member found guilty of misbehaviour who, when called upon to do so, fails to explain the misbehaviour or to offer an apology, in either case to the satisfaction of the chairperson, may be suspended for the remainder of that meeting by the chairperson or for any further period Council may determine.
- Any disorderly person who fails to leave a meeting when so requested by the chairperson may be forthwith removed from the meeting.
Time of closure of meetings and unfinished business
- Meetings of Council must conclude not later than three hours after their commencement, unless the majority of members present at a meeting resolves otherwise. Any unfinished business must be added to the agenda for the next ordinary meeting of Council.
Block passage of grouped recommendations
- Where a report to Council groups a sequence of similar recommendations, not being recommendations for the appointment of professors or deans, the recommendations may be considered and dealt with as a block, unless Council resolves otherwise.
Removal of Members from Office
- A notice of motion to remove a member from office pursuant to Section 3 of Schedule 1of the Act must be submitted in writing, and is to be distributed by the University Secretary to members of Council only.
- Written notice to a member of Council pursuant to section 3 of Schedule 1of the Act must be given not later than 21 days prior to the meeting at which the motion for removal of that member will be considered.
- Motions for removal will be considered in camera, with only members of Council and the University Secretary present, provided that the presiding officer may require the attendance of specified University officers to assist Council in dealing with the matter.