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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
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Bills

Statutes Amendment (Universities) Bill

Introduction and First Reading

The Hon. S.E. CLOSE (Port Adelaide—Minister for Education and Child Development, Minister for Higher Education and Skills) (15:40): Obtained leave and introduced a bill for an act to amend the Flinders University of South Australia Act 1966 and the University of Adelaide Act 1971. Read a first time.

Second Reading

The Hon. S.E. CLOSE (Port Adelaide—Minister for Education and Child Development, Minister for Higher Education and Skills) (15:41): I move:

That this bill be now read a second time.

Universities are places of learning, innovation and research. South Australia's world-class universities make a key contribution to our state. However, universities are operating in an increasingly challenging environment. The government is making a number of amendments to the University of Adelaide Act 1971 and the Flinders University of South Australia Act 1966 intended to improve the governance arrangements for these universities. Specifically, the bill will:

reduce the size of the university councils;

extend the tenure of student representatives on the councils from one to two years;

allow for the tabling of annual reports in parliament by the Minister for Higher Education and Skills instead of the Governor;

strengthen statutory liability protections for council members and senior officers;

include provision for the establishment of common investment funds;

expand the delegation powers of the university councils;

change the name of the Flinders University of South Australia Act 1966 to the Flinders University Act 1966; and

make associated consequential amendments.

The reduction in size of the university councils will bring the University of Adelaide and Flinders University into line with the University of South Australia and is consistent with Universities Australia's Voluntary Code of Best Practice for the Governance of Australian Universities. Importantly, this will be achieved while broadly maintaining the existing proportions of staff, student and appointed independent members on university councils.

Extending the tenure of student representatives will similarly improve corporate governance by providing additional professional development opportunities. Providing for the establishment of common investment funds will simplify the management of moneys held in trust by the universities. Finally, expanding the ability of the university councils to delegate functions to officers or committees will streamline university administration.

The government has consulted closely with the University of Adelaide and Flinders University in developing these amendments, which are expected to make these institutions more responsive to the environment in which they operate. In turn, the universities put in place their own engagement processes to engage with their communities to explain the proposed amendments and the importance of ensuring best practice university governance. I commend the bill to members. I seek leave to have the explanation of clauses inserted into Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Flinders University of South Australia Act 1966

3—Amendment of section 1—Short title

This clause makes a consequential amendment to section 1 of the principal Act.

4—Amendment of section 2—Interpretation

This clause makes a consequential amendment to section 2 of the principal Act.

5—Amendment of section 3—Establishment and incorporation

This clause amends section 3 of the principal Act to change the name of the university to Flinders University (currently the Flinders University of South Australia).

6—Insertion of section 3A

This clause inserts new section 3A into the principal Act, providing that references in existing documents etc to the Flinders University of South Australia will be taken to be references to Flinders University.

7—Amendment of section 5—Council

This clause amends section 5 of the principal Act to reduce the number of members of the Council as specified.

8—Amendment of section 6—Term of office

This clause amends section 6 of the principal Act to increase the term of office for student members of the Council from 1 year to 2 years.

9—Amendment of section 18—Conduct of business in Council

This clause amends section 18 of the principal Act to provide that a quorum of the Council is to be one half of the total number of members of the Council (ignoring any fraction resulting from the division) plus 1.

10—Substitution of section 19A

This clause substitutes the delegation power in section 19A of the principal Act with one that is consistent with those conferred under similar Acts.

11—Substitution of section 27

This clause substitutes the annual reporting requirements under section 27 of the principal Act so that they are consistent with those applying to other universities.

12—Substitution of section 29

This clause substitutes the provision conferring immunity from civil liability under section 29 of the principal Act, replacing it with a provision that is consistent with the legislation of similar universities in other jurisdictions.

13—Insertion of sections 30 to 33

This clause inserts new sections 30 to 33 into the principal Act. Those new sections facilitate the establishment, management and distribution of funds from common investment funds and are based on provisions applying to the University of Melbourne.

14—Amendment of long title

This clause makes a consequential amendment to the long title of the principal Act.

Part 3—Amendment of University of Adelaide Act 1971

15—Substitution of section 10

This clause substitutes the delegation power in section 10 of the principal Act with one that is consistent with those conferred under similar Acts.

16—Amendment of section 12—Constitution of Council

This clause amends section 12 of the principal Act to reduce the number of members of the Council as specified.

17—Amendment of section 12A—Term of office

This clause amends section 12A of the principal Act to increase the term of office for student members of the Council from 1 year to 2 years.

18—Substitution of section 25

This clause substitutes the annual reporting requirements under section 25 of the principal Act so that they are consistent with those applying to other universities.

19—Substitution of section 29

This clause substitutes the provision conferring immunity from civil liability under section 29 of the principal Act, replacing it with a provision that is consistent with the legislation of similar universities in other jurisdictions.

20—Insertion of sections 30 to 33

This clause inserts new sections 30 to 33 into the principal Act. Those new sections facilitate the establishment, management and distribution of funds from common investment funds and are based on provisions applying to the University of Melbourne.

Schedule 1—Transitional provisions

1—Certain members of Council of Flinders University to continue to hold office for remainder of term

This clause allows the specified members of the Council to continue to hold office until the end of their current terms, despite the operation of clause 7 of this measure.

2—Members of Council of University of Adelaide to continue to hold office for remainder of term

This clause allows the specified members of the Council to continue to hold office until the end of their current terms, despite the operation of clause 16 of this measure.

Debate adjourned on motion of Mr Treloar.

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