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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-10-19 Daily Xml
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Bills

Adelaide University Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:28): Obtained leave and introduced a bill for an act to establish Adelaide University as a new university that has global standing by combining the University of Adelaide and the University of South Australia, to repeal the University of Adelaide Act 1971 and the University of South Australia Act 1990, to make related amendments to other acts, and for other purposes. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:29): I move:

That this bill be now read a second time.

Today, I rise to introduce the Adelaide University Bill 2023. Universities play an extremely important role in our community. They educate, research, bring diversity to the state and help meet the state's skills and workforce needs. It is incumbent on all of us to ensure we have a robust higher education system in our state that will meet our economic, social and workforce needs well into the future.

There has been a lot of debate in recent months about the best way to ensure the relevance, longevity and social impact of higher education in South Australia and the shape the sector should take going forward. This debate is not new. In fact, the debate about the number and composition of the universities in this state has been going on for decades. There have been many discussions about how, why, when and who. Indeed, in 2018 the state edged closer to sector reform, with the universities of Adelaide and South Australia very seriously considering merging their two institutions.

However, there was a key piece missing in 2018, and that was the interest and investment from the government of the day. This government has taken a different approach. We believe that in order to secure a stronger future for our state, we need at least one institution of a large scale—a large, research-intensive university that is committed to both excellence and equity, an institution that on day one will be the biggest educator of domestic students of any university in Australia.

That is why we have chosen to be active rather than passive in these conversations. We have worked with the universities of South Australia and Adelaide to imagine what a new university in this state might achieve. We have been willing to provide the appropriate resourcing to ensure we are best placed to achieve the vision of the new Adelaide University to deliver nation-leading curriculum and student experience, greater access to education and world-class research excellence.

After months of planning and consultation and careful consideration, I am pleased to be able to be introducing the Adelaide University Bill to parliament today. Now is the right time for a new university in our state that is committed not just to excellence in teaching, research and innovation but to extending access to all South Australians, particularly those who have been under-represented in education. It is the right time for a new university that is committed to serving the public interest by contributing to the state's economic priorities, championing free inquiry and translating its research to the benefit of all of us. It is the right time for a new university that is committed to the best outcomes for its students and that will create a distinctive, contemporary, industry-informed curriculum.

During a period of major national sectoral reform through the Australian Universities Accord, it is the right time for a new university whose vision wholly aligns with the objectives of that reform to improve the quality, accessibility and sustainability of the higher education sector in this nation. And so it is that today I commend the Adelaide University Bill to the chamber.

While it is with much excitement that I look to the future and anticipate the great potential of this new university, it would be remiss of me not to take this opportunity to recognise the rich history and sizeable contribution of the two institutions that will be coming together to create the new. Let me start with the oldest of the two, the University of Adelaide, which next year will be celebrating its 150th anniversary. The University of Adelaide was founded in 1874 as the state's first public university, following the £20,000 donation by grazier and copper miner Walter Watson Hughes, along with support and donations from Thomas Elder.

As we well know, it takes time to establish a new institution, so it was not until 1876 that teaching commenced, with the first offering a Bachelor of Arts degree. The South Australian parliament granted five acres of land to the University of Adelaide, and in 1879 the foundation stone for the first university building on North Terrace campus was laid.

The University of Adelaide is the third oldest university in Australia and one of only four that started before Federation. It was founded with two contemporary goals: to prepare new generations of leaders who were distinguished and shaped by education, not birth or wealth; and to challenge societal norms that hindered progress or reinforced inequality. These noble aims stated 150 years ago could well have been articulated today, given their alignment with the vision for the new university.

Throughout its almost 150 years of existence, the University of Adelaide has celebrated many achievements—too many to list here—but I will focus on a few highlights. Soon after opening, it was the first Australian university to offer science degrees. Continuing with the firsts, it was also the first Australian university to admit women to all degree courses on an equal basis to men, with Edith Dornwell the first woman to graduate in 1885.

The Waite Agricultural Research Institute was established in 1924 and is home to one of the largest concentrations of agriculture, wine research and teaching expertise in the Southern Hemisphere. The year 1991 saw the establishment of Roseworthy Campus through a merger between the university and Roseworthy Agricultural College.

The University of Adelaide counts five Nobel laureates amongst its alumni, accounting for almost one-third of Australia's 16 total recipients. This includes Howard Florey, who developed penicillin; and the Bragg father-and-son team, whose research underpins much of the modern pharmaceutical industry. Other notable alumni include such familiar names in South Australia as Dame Roma Mitchell AC, DBE, CVO, QC, who became Australia's first female Queen's Counsel, Supreme Court judge, university chancellor and state Governor; the first female Prime Minister in Australia, Julia Gillard AC; and astronaut Andy Thomas AO, the first Australian to walk in space.

I move now to the University of South Australia, which celebrated its 30thanniversary in 2021. Although UniSA, as it is commonly known, is a much younger institution, its foundations date back to the latter half of the 19th century. The forerunners of today's institution were the South Australian School of Art, which was founded in 1856; the first of several teacher training colleges formed in 1876; and the School of Mines and Industries, which was established in 1889. Over time, these foundational institutions evolved into the South Australian Institute of Technology (SAIT) and the South Australian College of Advanced Education, the two of which came together in 1991 to create the University of South Australia.

The key values of these two founding institutions were pivotal in shaping UniSA, with SAIT's strong commitment to industry engagement and the College of Advanced Education's unwavering dedication to equity and inclusion featuring prominently in the aims of the new university upon establishment, and continuing to be priorities today.

Indeed, when the University of South Australia Act was introduced into parliament in 1990, the Hon. Mike Rann stated that the university would lay the base for a standard of excellence and accessibility to that excellence. He went on to say that sustained economic success and social development depends upon the continuing education of our people and the trained abilities of our workforce—once again, sentiments that are echoed today in the vision for Adelaide University.

UniSA has stayed true to its values and has celebrated a number of significant achievements. For example, in 1997 it was the first Australian university to develop a statement of commitment to Australian reconciliation. It provides improved access to tertiary education through the Distance Education Centre, launched in 1993. The opening of UniSA College in 2010 provided alternative pathways to university, and the launching of UniSA Online in 2017 offered 100 per cent online degrees.

The university was named Employer of Choice for Women in 2003 and has earnt the citation every year since. It extended its regional geographic footprint beyond Whyalla by opening the Mount Gambier campus in 2005 as part of its regional engagement strategy. Further, UniSA established the Centre for Cancer Biology in 2013 through an alliance with SA Pathology, boasting the largest concentration of cancer research in South Australia.

The university has maintained a strong commitment to the community through the opening of public-facing facilities, including the MOD, which is Australia's leading future-focused museum, as well as the Samstag Museum of Art, one of Australia's foremost university art museums. The coming together of two institutions with such strong foundations provides a once-in-a-generation opportunity to create a new university for the future that will have the scale and resources to sustainably be one of Australia's best and top-ranked universities.

As many would be aware, the state and federal governments signed a statement of cooperation with the University of Adelaide and the University of South Australia in December last year to explore the feasibility of creating a new university for our state. This resulted in the two universities undertaking a substantial amount of work over a six-month period, including a formal engagement process and the development of a feasibility assessment, business case and financial plan.

In late June, this significant body of work was presented to the councils of both universities, who were satisfied that the creation of a new university, supported by state government investment, was in the best interests of their university and indeed that of the state. In making this decision, the councils were fully aware that it is ultimately up to the Parliament of South Australia to decide whether it will approve the creation of a new public university in South Australia through the passing of this legislation. Accordingly, the Adelaide University Bill 2023 presented to the council today establishes a new comprehensive public university in South Australia.

As agreed in the statement of cooperation, this bill is largely modelled on the University of South Australia Act 1990 as the more contemporary of the two university acts. However, the Adelaide University Bill contains important updates, particularly to the functions of the new university to reflect a greater focus on the contribution and service to regional, state, national and international communities, including supporting and contributing to the realisation of South Australia's economic development priorities.

There is also recognition that the university, in the performance of its functions, will have a focus on the success of its students, staff and alumni, address the skills and needs of the modern workforce, conduct outstanding research of scale and focus, and engage with the communities it serves. It will focus on excellence, equitable opportunity and innovation in university education, and be informed by the highest standing in teaching and research and the needs of its students.

Importantly, Adelaide University will also engage Aboriginal and Torres Strait Islander peoples in its teaching, research and advancement of knowledge activities so as to contribute to recognising and valuing the ancient and rich cultural heritage and knowledge systems of Aboriginal and Torres Strait Islander peoples.

The bill also includes the establishment of two funds totalling $320 million to be maintained in perpetuity and invested with the Superannuation Funds Management Corporation of South Australia in accordance with the fund guidelines. The first of these two funds, the Adelaide University Research Fund, will support research that aligns with Adelaide University's objectives and strategic plans and the state's research and economic development priorities. The second fund, the Adelaide University Student Support Fund, will facilitate access to the university and address equity considerations for the people within the community who have experienced disadvantages in education, or in access to education, or who are under-represented in education.

Transitional provisions are included in the bill, including the establishment of a transitional council which has a clear remit to engage with staff and students of both existing universities in exercising its responsibilities and functions. These responsibilities include overseeing the transition of tertiary education and research currently being provided and conducted by the existing universities to Adelaide University and preparing Adelaide University so it can commence providing courses and other tertiary education programs.

The state government, through the Department for Industry, Innovation and Science, undertook extensive consultation on the draft bill with universities, key stakeholders and the public. The consolidated feedback, along with the recommendations from the report of this parliament's Joint Committee on the Establishment of Adelaide University, tabled in this place on 17 October, have been considered by the government and inform the bill being introduced today.

This bill combines all of the strengths of the University of South Australia and the University of Adelaide to reflect a contemporary, future-focused institution. The new Adelaide University will be dedicated to addressing educational inequality. It will conduct future-making research of scale and focus, and it will partner with communities and industry to become a globally recognised powerhouse for innovation and economic development.

It has taken a lot of dedicated work to get to this point, but the work to establish and create Adelaide University lies before us. There is some urgency around this to ensure certainty for staff, current and future students, and to enable the new university to commence progress to obtain the necessary accreditation and regulatory approvals to welcome the first cohort of students in 2026.

The idea to establish a new university has been talked about for many years. The time for talk is over. This is a once-in-a-generation opportunity for our state and now is the right time for us to seize this opportunity and create a new university in the state. I commend this bill to members and seek to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Object

This clause sets out the objects of the Act.

4—Interpretation

This clause defines terms to be used in the measure.

Part 2—The University

Division 1—Establishment, functions and powers

5—Establishment

This clause establishes the Adelaide University.

6—Body corporate features

This clause sets out the corporate features of the University.

7—Functions

This clause sets out the functions of the University.

8—General powers

This clause sets out the general powers of the University, such as the power to enter into contracts and agreements.

9—Awards

This clause provides power for the University to confer awards on persons.

10—Internal organisation of University

This clause provides that the University will establish a structure for its different areas of learning, research and support operations (which may be varied from time to time by the University).

11—Student associations

This clause provides for the formation of a student association.

Division 2—Official titles and proprietary interests

12—Declaration of logo and official titles

This clause provides for the declaration, by notice in the Gazette of a logo or official title of the University.

13—Protection of proprietary interests

This clause sets out the proprietary rights of the University in respect of its official logos and insignia, including:

an offence with a maximum penalty of $50,000 applying for using an official logo or insignia of the University without the University's consent;

the manner in which consent to use official logo or insignia of the University may be sought and granted;

a power for the Supreme Court, on the application of the University, to grant an injunction to restrain a person from using official insignia in contravention of this provision.

Part 3—Administration of University

Division 1—The Council

14—Establishment and responsibilities

This clause establishes the Council of the University and sets out the Council's primary responsibilities.

15—Powers

This clause sets out the powers of the Council.

16—Constitution of Council

This clause provides for the membership of the Council.

17—Term of office

This clause sets out the terms of office for various members of the Council.

18—Casual vacancies

This clause provides for the circumstances in which the Council may remove an appointed member and the circumstances in which a position on Council becomes vacant. The clause further sets out the process by which a casual vacancy caused by such a removal or vacancy is to be dealt with.

19—Chancellor, Deputy Chancellor and Pro-Chancellors

This clause provides for the offices of Chancellor, Deputy Chancellor and Pro-Chancellor.

20—Validity of acts and decisions of Council

This clause provides that an act or decision of the Council is not invalid by reason only of a vacancy in its membership or on the ground of a defect in the appointment or election of a member.

21—Remuneration

This clause provides that the Council may determine remuneration for members of the Council.

Division 2—Duties of Council members

22—Duty to exercise care and diligence etc

This clause provides that Council members must at all times, in the performance of the member's functions:

exercise a reasonable degree of care and diligence; and

act in a way that the member thinks will best promote the interests of the University.

23—Duty to act in good faith etc

This clause sets out Council member's duties in respect of acting in good faith and not improperly using their position as Council members.

24—Conflict of interest policy

This clause provides that the Council must have a conflict of interest policy.

25—Removal of Council member

This clause provides that non compliance with a clause in the proposed Division will be taken to be serious misconduct and grounds for removal of a member from office.

26—Civil liability for contravention

This clause allows for the University to recover from a person who profits from misconduct or a conflict of interest under the proposed Division—

if the person or any other person made a profit as a result of the breach—an amount equal to the profit; and

if the University suffered loss or damage as a result of the breach—compensation for the loss or damage.

Division 3—Procedures

27—Proceedings at meetings

This clause sets out the manner in which proceedings at Council meetings are to be conducted.

Division 4—Vice Chancellor

28—Vice Chancellor

This clause provides for the office of Vice Chancellor of the University.

Division 5—Academic Board

29—Academic Board

This clause establishes the Academic Board of the University and provides for the appointment of its members.

Division 6—Related matters

30—Terms of reference

This clause provides for the matters that may comprise the terms of reference for a committee or other body established by the Council, and that the terms of reference may be varied, revoked or substituted by the Council from time to time.

31—Delegation

This clause provides for the manner in which the Council may delegate its functions and powers.

32—Common seal

This clause provides for the application of the common seal of the University.

Part 4—Statutes and by-laws

Division 1—Statutes

33—Statutes

This clause provides for the manner in which the University may make statutes in connection with the governance, operation or administration of the University.

Division 2—By-laws

34—Interpretation

This clause defines terms used in the proposed Division.

35—By-laws

This clause provides for the matters in relation to which the University may make by-laws.

36—Making of by-laws

This clause sets out the manner in which by-laws may be made.

37—Offences

This clause sets out the process by which offences against by-laws may be dealt with.

Part 5—Funds

38—Interpretation

This clause defines terms to be used in the proposed Part.

39—Fund guidelines

This clause requires the Treasurer to approve guidelines for the purposes of the Funds to be established under the proposed Part and sets out the requirements for the making and content of the guidelines.

40—Adelaide University Research Fund

This clause establishes the Adelaide University Research Fund, and sets out the manner in which the Fund is to be applied and managed.

41—Adelaide University Student Support Fund

This clause establishes the Adelaide University Student Support Fund, and sets out the manner in which the Fund is to be applied and managed.

42—Funds Advisory Committee

This clause establishes the Funds Advisory Committee for the purposes of approving the purposes to which a Fund may be applied.

43—Annual report

This clause provides for the Treasurer to provide an annual report on the performance of the Funds to be established under the proposed Part and for that report to be tabled in both Houses of Parliament.

Part 6—Trusts and other funds

44—Creation and administration of trust funds and other funds

This clause allows for the University to create and administer trust and other funds.

45—Establishment of common funds

This clause provides for the manner in which the University may establish investment common funds for the collective investment of any trust funds and other funds held by, or in the custody of, the University.

46—Distribution of income of common funds

This clause sets out the manner in which the University must distribute income from an investment common fund.

47—Commissions

This clause sets out the provisions in relation to the payment of commission for the administration of a common fund.

Part 7—Miscellaneous

48—Annual report

This clause provides for the Council to provide an annual report to the Minister on the operation of the University.

49—Audit

This clause mandates the annual auditing of the accounts and financial statements of the University by an auditor appointed by the Council.

50—Indemnities

This clause mandates the indemnification of members of the Council and any member of a board or committee constituted or appointed by the Council against actions or omissions done in good faith in the exercise of its powers under the proposed measure.

51—Exemption from land tax

This clause exempts the University from liability to pay land tax.

52—Recovery of monetary penalties

This clause allows the University to recover a monetary penalty imposed under the measure.

53—Regulations

This clause provides power for the Governor to make regulations in respect of the measure.

54—Review of Act

This clause provides for a review of the operation of the Act to be undertaken within 12 months of the commencement of the clause.

Schedule 1—Repeals, amendments, transitional and other provisions

Part 1—Repeal of Acts

1—Repeal of Acts

This clause provides for the repeal of the University of Adelaide Act 1971 and the University of South Australia Act 1990.

Part 2—Amendment of Legal Practitioners Act 1981

2—Amendment of section 14B—Establishment of LPEAC

This clause makes several amendments to update references to Adelaide University.

Part 3—Amendment of National Wine Centre (Restructuring and Leasing Arrangements) Act 2002

3—Amendment of dedication of Centre land

This amendment updates a reference to Adelaide University.

Part 4—Amendment of Payroll Tax Act 2009

4—Amendment of Schedule 2

This amendment updates a reference to Adelaide University.

Part 5—Amendment of Road Traffic Act 1961

5—Amendment of section 175—Evidence

This amendment updates a reference to Adelaide University.

Part 6—Amendment of SACE Board of South Australia Act 1983

6—Amendment of Schedule 1

This amendment updates references to Adelaide University.

Part 7—Transitional and other provisions

Division 1—Preliminary

7—Interpretation

This clause defines terms to be used in this Part.

Division 2—Transition Council

8—Establishment, responsibilities and powers

This clause provides for the establishment, responsibilities and powers of the Transition Council.

9—Constitution of Transition Council

This clause provides for the membership of the Transition Council.

10—Proceedings at meetings

This clause sets out the procedures for proceedings at a meeting of the Transition Council.

11—Validity of acts and decisions of Transition Council

This clause provides for the validity of certain acts or decisions of the Transition Council.

Division 3—Chancellor and Deputy Chancellors

12—Chancellor and Deputy Chancellors

This clause provides for the appointment of the Chancellor and Deputy Chancellors of the Transition Council.

Division 4—Vice Chancellor

13—Vice Chancellor

This clause provides for the appointment of the first Vice Chancellors of the University.

Division 5—Transitional Academic Board

14—Transitional Academic Board

This clause provides for the appointment of the first Academic Board of the University.

Division 6—Staff

15—Transfer by proclamation

This clause provides for the manner in which the Governor may, by proclamation transfer the employment of employees of The University of Adelaide or the University of South Australia to Adelaide University.

16—Transfer on repeal of Act

This clause effects the transfer of the employment of an employee of The University of Adelaide or the University of South Australia to Adelaide University on a prescribed day.

17—Effect of provisions

This clause is technical.

18—Preservation of rights and continuity of employment

The proposed clause makes provision for the preservation of existing contracts of employment, remuneration or other conditions of employment that may apply to in relation to a transfer of employment effected under the proposed Division.

19—Superannuation

This clause makes provision for the transfer and entering into arrangements by Adelaide University in relation to the superannuation of persons who have had their employment transferred under the proposed Division.

Division 7—Assets, contracts and liabilities

20—Transfer by proclamation

This clause provides for the manner in which the Governor may, by proclamation, transfer any assets, contracts or liabilities of The University of Adelaide or the University of South Australia to Adelaide University.

21—Transfer on repeal of Act

This clause effects the transfer of assets, contracts or liabilities of The University of Adelaide or the University of South Australia to Adelaide University on a prescribed day.

22—Effect of provisions

This provision is technical.

23—Saving provision

This clause provides a saving provision in relation to a transfer effected under the proposed Division.

Division 8—Students

24—Transfer by proclamation

This clause provides for the manner in which the Governor may, by proclamation, transfer the enrolment of persons as students of The University of Adelaide or students of the University of South Australia to be students of Adelaide University.

25—Transfer on repeal of Act

This clause effects the transfer of students of The University of Adelaide or the University of South Australia to be students of Adelaide University on a prescribed day.

26—Effect of provisions

This provision is technical.

27—Related provision

Subclause (1) deals with the credit for prior learning and qualification for awards of students transferred under the proposed Division. Subclause (2) provides that the universities must establish a binding scheme relating to the transfer of students under the proposed Division.

Division 9—Official insignia

28—Official insignia

This clause provides for the continuation of the official insignia of The University of Adelaide and the University of South Australia as official insignia of Adelaide University.

Division 10—Trusts and other instruments

29—Testamentary trusts, gifts or deeds

This clause sets out the manner in which a testamentary disposition, gift or trust that refers to The University of Adelaide or the University of South Australia may be applied in relation to Adelaide University.

30—Other instruments

This clause provides that a reference to The University of Adelaide or the University of South Australia in contracts or instruments will be taken to be a reference to Adelaide University.

Division 11—The Adelaide University Union

31—The Adelaide University Union

This clause provides for the transfer, by proclamation made at the request of The Adelaide University Union, of the assets, contracts or liabilities of the Union to another body.

Division 12—Other provisions

32—Graduates and award holders

This clause allows for a person who has been awarded a degree, diploma, certificate or other award in the name of The University of Adelaide or the University of South Australia to be taken to be a graduate of Adelaide University.

33—Legal proceedings

This clause allows for legal proceedings against The University of Adelaide or the University of South Australia to be continued against Adelaide University.

34—Successor in law

This clause provides that Adelaide University becomes the successor in law of The University of Adelaide and the University of South Australia.

35—Accounting and reporting requirements

This clause provides for the continuing obligation of Adelaide University to cause financial statements to be audited and provide reports or other information.

36—Registration authorities

This clause sets out the manner in which the Registrar-General may register or record a transfer or vesting as a result of a provision of the proposed Part.

37—Exemption from stamp duty

This clause exempts the transfer or vesting of property under the proposed Part from the liability to pay stamp duty.

38—Delegation

This clause allows the power of delegation of the Council in this measure to be exercised by the Transition Council.

39—Regulations

This clause provides power for regulations of a saving or transitional nature to be made for the purpose of the measure.

Part 8—Support to establish Adelaide University

40—Support to establish Adelaide University

This clause provides for the manner in which the University of Adelaide and the University of South Australia may provide resources to facilitate the establishment of Adelaide University.

Debate adjourned on motion of Hon. H.M. Girolamo.

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