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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-11-27 Daily Xml
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UNIVERSITY OF SOUTH AUSTRALIA (MISCELLANEOUS) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. CARMEL ZOLLO (Minister for Correctional Services, Minister for Road Safety, Minister for Gambling, Minister Assisting the Minister for Multicultural Affairs) (15:35): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted

Our Universities need to address significant challenges and have the chance to take up new opportunities to innovate, as well as to their operation. While Universities continue to be principally places of learning, innovation and research, the complexity of decision-making they face means Universities are constantly needing to balance traditional academic goals with operational viability.

The University of South Australia has recognised that an effective Governing Council plays a critical role in these considerations and has opted for a structure which has appropriate representation, as well as the expertise and decision-making capabilities to effectively govern a contemporary university.

The University of South Australia has acknowledged the valuable contribution made by the Governing Council in its current configuration but has reviewed the current arrangements with a view to best supporting the governance processes for the future. In particular, the University is seeking to facilitate a greater focus on key issues and to improve effectiveness of its decision-making processes. The University has therefore proposed a reduction in the size of the Council from up to 21 members to up to 16 members.

Consequently, this Bill amends the constitution of the University Council, to provide for that reduction in the total number of Members, while maintaining the representational proportions among community, staff and student Members.

In addition, this Bill makes a number of minor amendments to modernise the legislation and which brings the University of South Australia Act 1990 more closely into line with legislation for the other universities.

In December 2007 the Chancellor of the University of South Australia proposed that the university legislation be amended. A Discussion Paper containing the University’s proposed amendments was circulated for consultation to all university staff and students, to various Members of Parliament and to the relevant student and education unions in July 2008. This Bill reflects the University’s original proposals with some minor amendments.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of University of South Australia Act 1990

4—Amendment of section 6—Powers of University

This clause amends section 6 of the Act to enable graduates to surrender an award that has been conferred on the graduate. Such a surrender can occur on any ground the University thinks fit.

5—Amendment of section 10—Establishment of Council

This clause amends section 10 of the Act to reduce the number of Council members from up to 21 members to up to 16 members. This is achieved by reducing the number of persons appointed by the Council from 10 to 8, the number of members of the academic and general staff from 2 each to 1 each, and the number of students from 3 to 2.

The clause also inserts new subsection (3a), providing that an election of a person to the Council must be conducted in a manner, and in accordance with the procedures, determined by the Council.

6—Amendment of section 11—Term of office

This clause amends section 11 to allow the term of office of members of the Council appointed by the Council to be between 2 and 4 years, rather than the current requirement that the term be 2 or 4 years.

7—Amendment of section 12—Chancellor and Deputy Chancellor etc

This clause amends section 12 to provide that the Deputy Chancellor will cease to hold that office if he or she ceases to be a member of the Council.

8—Amendment of section 13—Procedure at meetings of Council

This clause makes a consequential amendment to the quorum provision of the Council, reflecting the reduction in the number of members.

9—Amendment of section 14—Validity of acts and decisions of Council

This clause corrects an omission in section 14 to include a reference to elected members.

10—Amendment of section 19—Audit

This clause amends section 19 to allow an audit of the accounts of the University to be conducted in a manner determined by the Governor, rather than having to be done by the Auditor-General as is currently required.

11—Repeal of section 22

This section repeals obsolete section 22.

12—Amendment of section 25—Power to make by-laws

This clause amends the by-law making power in section 25, bringing into line with the similar section in the University of Adelaide Act 1971, and simplifying the provisions related to the Subordinate Legislation Act 1978.

Schedule 1—Transitional provision

1—Transitional provision relating to members of Council

This Schedule makes transitional arrangements to validate, if necessary, elections held before the commencement of this measure if there is an inconsistency between the statutes of the University regarding the numbers of members elected, or the methods of election, and the proposed reduced number of Board members.

Debate adjourned on motion of Hon. D.W. Ridgway.

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