University of South Australia Statutes
The revised Statutes of the University were approved in Executive Council by Her Excellency the Governor of South Australia on 18 August 2005.
1. Statute No. 1 - The
Council
2. Statute No. 2 - Elections
3. Statute No. 3 - The Chancellor and Deputy Chancellor
4. Statute No. 4 - Vice Chancellor and Deputy Vice
Chancellor
5. Statute No. 5 - Qualifications required for admission to
any Program provided by the University
6. Statute No. 6 - Fees
7. Statute No. 7 - Student misconduct
8. Statute No. 8 - Council's power of preclusion
1. Statute No. 1 - The Council
1.1 The Council must meet regularly for the despatch of business.
1.2 The Chancellor or Vice Chancellor may from time to time call a special meeting of the Council.
1.3 The Chancellor or Vice Chancellor must convene a meeting of the Council upon the written requisition of seven members. The requisition must set out the object for which the meeting is required. The meeting must be held within 14 days after the receipt of the requisition.
1.4 The Council may make, amend, and repeal standing orders for the regulation of its proceedings.
1.5 All proceedings of the Council must be minuted and permanently recorded.
2. Statute No. 2 - Elections
2.1 Subject to the University of South Australia Act 1990 (as amended), this Statute applies to the election of all elected members of the Council, its standing committees and other committees, reporting directly to it, that the Council may establish from time to time. All elections must be undertaken by secret ballot.
2.2 The Council Secretary must conduct each election as Returning Officer.
2.3 The Returning Officer may appoint persons to act as Deputy Returning Officers to assist the Returning Officer in carrying out the duties under this Statute.
2.4 For each election the Returning Officer must appoint as scrutineers two persons who are not candidates in the election.
2.5 The Returning Officer must, not less than 21 days before an election, notify each person eligible to vote in the election and invite nominations. The Returning Officer must cause to be propagated information about the election and the day and the hour of that day up to which nominations may be delivered.
2.6 A person will not be capable of being elected unless that person is duly nominated.
2.7 Every nomination must
(a) be in writing signed by two persons entitled to vote at the election;
(b) nominate one or more persons, but no more than the number of persons required to be elected;
(c) contain a signed statement by each nominated candidate that the candidate consents to the nomination; and
(d) be lodged with the Returning Officer on the day and by the time stipulated by the Returning Officer in the notification of the election.
2.8 If at the close of nominations the number of persons nominated for any elected position does not exceed the number required to be elected, the Returning Officer must declare that person or those persons duly elected and advise Council accordingly.
2.9 If the number of persons nominated for any elected position exceeds the number required to be elected, the Returning Officer must prepare ballot papers, and distribute to each person eligible to vote in the election:
(a) a ballot paper; and
(b) instructions concerning the method of voting and return of the ballot paper to the Returning Officer.
2.10 For each election, the order of the candidates' names appearing on the ballot paper must be determined by lot by the Returning Officer in the presence of the scrutineers.
2.11 Each person wishing to record a vote must lodge a ballot paper with the Returning Officer on the day and by the time appointed by the Returning Officer.
2.12 In the recording of votes an optional standard preferential system will apply. Each voter must mark the ballot paper to indicate a preference for at least the number of candidates to be elected by:
(a) placing the figure 1 opposite the name of the candidate of first preference; and
(b) placing the figure 2 (and so on) opposite the names of the
other candidates to indicate the order of preference for all or any of
those candidates, but at least for the number of candidates to be
elected.
A ballot-paper will not be informal for any reason other than
non-compliance with paragraph (a) and must be given effect to according
to the voter's intention, so far as the intention is clear.
2.13 Each voter must return the ballot paper to the Returning Officer in a sealed envelope provided for that purpose. On receipt by the Returning Officer each sealed envelope must be placed in a ballot box. Ballot papers received by the Returning Officer after the time and date prescribed for their return will not be counted in the election. The ballot box and the sealed envelopes must be opened by the Returning Officer in the presence of the scrutineers as soon as possible after the date and time prescribed for the return of ballot papers.
2.14 At a convenient time the scrutineers must be given the opportunity in the presence of the Returning Officer to satisfy themselves that the votes have been correctly recorded.
2.15 At each election votes must be counted by the following method:
(a) The candidate who has received the greatest number of first preference votes will, if that number constitutes an absolute majority of the votes, be elected.
(b) If no candidate has received an absolute majority of first preference votes, the Returning Officer will make a second count, from which the candidate who received the fewest first preference votes is excluded, with each ballot paper counted to that candidate being counted instead to the candidate next in order of the voter's preference.
(c) If a candidate then has an absolute majority of votes that candidate will be elected; but if no candidate then has an absolute majority of votes the process of excluding the candidate who has the fewest votes and counting each of the unexhausted ballot papers to the candidate next in the order of the voter's preference must be repeated until one candidate has received an absolute majority of votes, whereupon that candidate will be elected.
(d) Where there are two or more vacancies to be filled, the first vacancy will be filled as provided in the previous paragraphs of this clause 2.15, and the second vacancy will be filled as follows:
(i) The Returning Officer will re-arrange all the ballot papers under the names of the respective candidates in accordance with the first preference votes recorded in them, except that each ballot paper in which a first preference for the elected candidate is indicated must, if unexhausted, be placed in the parcel of the candidate next in order of the voter's preference.
(ii) The Returning Officer will then count the ballot papers in the parcel of each candidate.
(iii) If a candidate then has an absolute majority of votes that candidate will be elected, but if no candidate then has an absolute majority of votes the count will proceed as provided in paragraphs (b) and (c) of this clause 2.15 until one candidate has received an absolute majority of votes; provided that in the application of paragraphs (c) and this paragraph (d), a reference to first preference votes is to be read as a reference to all votes counted under this sub-paragraph (iii).
(iv) The candidate who has received an absolute majority of votes will be elected.
(e) Any further vacancy must be filled in the manner provided in paragraph (d) as regards the filling of a second vacancy; provided that a ballot paper on which a first preference for an elected candidate is marked must, if unexhausted, be placed in the parcel of the continuing candidate next in order of the voter's preference.
(f) In the process of filling any vacancy a ballot paper which does not indicate a next preference for a continuing candidate must be set aside and no longer be taken into account.
(g) If on any count two or more candidates have an equal number of votes the Returning Officer will decide which is to be excluded; and if in the final count for filling a vacancy two candidates have an equal number of votes the Returning Officer will draw lots to determine the successful candidate.
(h) In this clause 2.15, 'an absolute majority of votes' means a greater number than one half of the whole number of ballot papers other than informal or exhausted ballot-papers.
2.16 When the scrutineers and the Returning Officer are satisfied that the votes have been correctly counted, the Returning Officer must declare the result of the election. This must be done:
(a) by public statement by such means as the Returning Officer may decide;
(b) by circular sent as soon as feasible to each candidate; and
(c) by written report to the next meeting of the Council following the election.
2.17 The Returning Officer may, subject to this Statute, determine finally on all questions of detail concerning the election.
2.18 An election will not be invalid by reason of the non-observance of any provision of this Statute or any other irregularity, unless the Council determines that the non-observance or irregularity has affected, or may have affected the result of the election, in which case the election will be declared null and void.
3. Statute No. 3 - The Chancellor and Deputy Chancellor
Repealed.
4. Statute No. 4 - Vice Chancellor and Deputy Vice Chancellors
Repealed
5. Statute No. 5 - Qualifications required for admission to any Program provided by the University
From time to time the Council may adopt, alter and repeal policies and procedures prescribing qualifications required for admission to any program of education provided by the University and the credits to be given for the purposes of any program in respect of work completed elsewhere.
6. Statute No. 6 - Fees
6.1 The Council may impose fees in respect of instruction, tuition, applications for awards and any other matters.
6.2 The Council may prescribe those matters in respect of which a fee is to be charged, the categories of persons who are to pay them, the amount to be charged and the time and manner of payment.
6.3 In individual cases an extension of time for payment of fees may be allowed. A student who fails to pay fees at the time prescribed by the Council or within such extended time as may have been allowed may incur an additional fee prescribed by the Council.
6.4 Without limiting the generality of clauses 6.1 and 6.2, the Council may from time to time prescribe fees that are payable by students (or prescribed categories of students) of the University for services provided by an organisation recognised by the University for that purpose, including the student association recognised by the University.
6.5 The fees prescribed from time to time by the Council and the conditions under which they may be paid must be published in the University of South Australia Calendar, or otherwise as the Council decides.
6.6 Where it appears to the Council that there are adequate reasons for doing so, the Council may:
(a) reduce any fee payable by a student or,
(b) exempt a student from liability to pay any fee.
6.7 Subject to clause 6.6, a student may not re-enrol in the University and, notwithstanding the provisions of the applicable degree, diploma or certificate regulations, a candidate will not be admitted to a degree, diploma or certificate of the University unless all outstanding fees and all other financial obligations due to the University have been discharged or satisfactory arrangements for their discharge have been made.
7. Statute No. 7 - Student misconduct
7.1 For the purposes of this Statute:
'accused student' means a student who is the subject of a complaint of misconduct referred to a Board of Enquiry under this Statute;
'appellant' means an accused student who has made an appeal to the Appeals Committee under clause 7.18;
'Appeals Committee' means the Student Misconduct Appeals Committee established under clause 7.20;
'Board of Enquiry' means a Board of Enquiry appointed under clause 7.4;
'enrolled student' means a person enrolled in any program offered by the University;
'expulsion' means the cancellation of enrolment of an enrolled student and the termination of all rights and privileges as a student of the University, including the right to re-enrol as a student;
'member of the University' means and includes any enrolled student and any member of the staff of the University;
'misconduct' means any of the following:
(a) a breach by a student of any statute, by-law or Policy of the University; or
(b) an act or omission by a student that constitutes unreasonable interference with the freedom of other persons to pursue their studies, research, duties or lawful activities in or in relation to the University, or to take part in the life of the University; or
(c) any unlawful or unjustified conduct of a student that has, or is likely to have an adverse effect on the University or on any member of the University in their capacity as such; or
(d) conduct by a student that is the subject of a determination under By-law 14.1 of the by-laws of the University, where the student has made a request under By-law 14.3,
but does not include conduct specifically addressed in Council policies designated as academic policies.
'Policy' means any policy or procedure approved by the Council;
'student' means and includes:
(a) an enrolled student; and
(b) a person presently precluded from enrolment as a result of the application of this Statute or any other statute or Policy of the University; and
'suspension from the University' means the cancellation of enrolment of an enrolled student and the suspension for a specified time of all rights and privileges of that person as a student of the University, including the right to re-enrol as a student, and the right to enter or to be on University grounds.
7.2 Complaints alleging misconduct on the part of a student must be made in writing to the Vice Chancellor.
7.3 The Vice Chancellor may (and, in the case of misconduct falling within paragraph (d) of the definition of that term in clause 7.1, must) refer a complaint alleging misconduct to a Board of Enquiry.
7.4 A separate Board of Enquiry must be appointed for the purpose of each referred complaint, and must consist of:
(a) a Chair appointed by the Council or its delegate; and
(b) six additional members (of whom three must be members of the academic staff of the University and three must be enrolled students) selected and appointed in accordance with a process approved by the Council for that purpose.
7.5 A Board of Enquiry must not include any staff member or enrolled student from the academic or administrative unit of the University:
(a) affected by the alleged misconduct; or
(b) in which the accused student was a student at the time of the alleged misconduct.
7.6 No member of the Council may be a member of a Board of Enquiry.
7.7 The functions of a Board of Enquiry will be:
(a) to hear and adjudicate upon the specific complaint of misconduct referred to it under this Statute; and
(b) if thought fit, to impose any penalty provided for in this Statute.
7.8 Subject to this Statute, a Board of Enquiry must comply with the principles of natural justice.
7.9 Subject to this Statute, the Chair of the Board of Enquiry will in each case determine the manner in which, and the date on which the Board will conduct its hearing, and will advise the Vice Chancellor in writing of these matters.
7.10 The Vice Chancellor (by his or her delegate) will then give written notice to both the accused student and the person having made the complaint, not less than 14 days prior to the date set for the hearing, of the date, place and time set for the hearing and of the procedure to be followed at the hearing. In the case of the accused student, the notice must include full particulars of the alleged misconduct.
7.11 A hearing of a Board of Enquiry will take place in camera unless the Board otherwise decides.
7.12 At a hearing of a Board of Enquiry:
(a) five members will constitute a quorum but if, after 15 minutes have elapsed from the time appointed for the hearing there is no quorum, but there are present at least three members of the Board, including the Chair, and if the accused student consents, the members present will constitute the Board for that hearing;
(b) the Chair will be responsible for the conduct of the hearing and the determination of matters of procedure, and of the admissibility of evidence;
(c) the Board may proceed with the hearing in the absence of the accused student, if the Board is satisfied that notice of the hearing was given in accordance with this Statute;
(d) the Board will not be bound by the rules of evidence;
(e) the parties may be accompanied by a person of their choice, but may not have legal representation; and
(f) the decision of the Board will be by simple majority, with the Chair having a casting vote, if required, as well as a deliberative vote.
7.13 A Board of Enquiry may refuse or decide not to proceed with the hearing of a complaint, on the grounds of triviality or that the accused student has sufficiently expiated the alleged misconduct or for any other reason that seems sufficient to the Board.
7.14 A Board of Enquiry will have power, on such conditions as to confidentiality as the Chair may determine, to require the production at the hearing of material or documents that are in the possession or control of the University or a member of the University, and that the Board considers relevant to the hearing of the complaint.
7.15 If a Board of Enquiry finds the complaint before it to have been proven, it may impose one or more of the following penalties on the accused student:
(a) a caution;
(b) a reprimand;
(c) a fine up to a limit from time to time determined by the Council;
(d) cancellation of enrolment in one, some or all subjects in which the accused student is then enrolled;
(e) suspension, for a period of not more than one year, of the right to use any University facility or building or other property that was affected by the accused student's misconduct;
(f) prohibition from entering the University grounds or a specified part of the University grounds, for a period not exceeding three years;
(g) suspension from the University* for a period not exceeding three years; or
(h) expulsion*,
and may also impose any of those penalties as a default penalty.
* refer to the definitions of these terms in clause 7.1.
7.16 A Board of Enquiry must advise the parties and the Vice Chancellor in writing of its determination, including a statement of the reasons for its determination, not later than 14 days after the date of the hearing.
7.17 The Council must appoint the Student Misconduct Appeals Committee ('Appeals Committee'), comprising five persons, including at least:
(a) one member of the academic staff of the University;
(b) one member of the professional or general staff of the University; and
(c) one enrolled student.
7.18 A student may appeal to the Appeals Committee against the finding of a Board of Enquiry, or against the imposition of a penalty or penalties imposed by a Board of Enquiry.
7.19 A student wishing to appeal to the Appeals Committee ('appellant') must institute the appeal by notice in writing lodged with the Council Secretary ('notice of appeal') within 14 days of the date on which the determination of the Board of Enquiry was notified to the student.
7.20 The notice of appeal must state concisely the nature and grounds of the appeal. Unless permitted by the Appeals Committee, the appellant will not be entitled, at the hearing of the appeal, to rely on any ground of appeal not specified in the notice of appeal.
7.21 On receipt of the notice of appeal, the Council Secretary must transmit to the Appeals Committee a report of the proceedings before the Board of Enquiry, together with any documents or other evidence presented to the hearing of the Board.
7.22 The Appeals Committee will be chaired by one of its members, appointed to that office from time to time by the Council.
7.23 The Council may at any time fill any vacancy on the Appeals Committee.
7.24 Where the Chancellor is informed, or otherwise forms the view that a member of the Appeals Committee has a connection with a matter under appeal, that member must be replaced, for the purposes of that matter only, by another person appointed by the Chancellor (and in making that appointment the Chancellor must observe the requirements of clause 7.17).
7.25 The Chair of the Appeals Committee will in each case give written notice to the appellant, and to the original complainant, not less than 14 days prior to the date set for the hearing, of the date, time and place of the hearing, and of the procedure to be followed at the hearing.
7.26 A hearing of the Appeals Committee will take place in camera, unless the Committee otherwise decides.
7.27 At a hearing of the Appeals Committee:
(a) three members of the Committee will constitute a quorum;
(b) the Chair will be responsible for the conduct of the hearing and the determination of matters of procedure, and of the admissibility of evidence;
(c) the Committee may proceed in the absence of the appellant, if it is satisfied that notice of the hearing was given in accordance with this Statute;
(d) the Committee will not be bound by the rules of evidence;
(e) the parties may be accompanied by a person of their choice but may not have legal representation;
(f) the decision of the Committee will be by simple majority, with the Chair having a casting vote, if required, as well as a deliberative vote.
7.28 The Appeals Committee may affirm, annul or vary the findings of a Board of Enquiry and may also (or alternatively) confirm, annul, reduce or increase any penalty, or impose other penalties in place of those imposed by a Board of Enquiry.
7.29 The Appeals Committee must advise the parties and the Vice Chancellor in writing of its determination, including a statement of the reasons for its determination, no later than 14 days after the date of the hearing of the appeal.
7.30 A fine imposed by a Board of Enquiry or the Appeals Committee:
(a) must be paid within 21 days of the date on which the accused student was given notice of the imposition of the fine, provided that the obligation to pay a fine imposed by a Board of Enquiry will be suspended pending determination of an appeal made to the Appeals Committee under this Statute;
(b) will be received into the general funds of the University; and
(c) may, if unpaid, be recovered by civil action in addition to any default penalty imposed in that event by the Board of Enquiry or the Appeals Committee.
7.31 Any notice required to be given to an accused student under this Statute will be sufficiently given, if given in person to the student, or if sent by pre-paid post addressed to the student at the last address known to the University as the student's place of residence, and when given by post will be deemed to have been received by the student at the expiry of four clear days after posting.
7.32 Nothing in this Statute affects the power of any person or body in the University duly authorised to do so under any other statute, or any Policy of the University, to take any action required or permitted to be taken under that statute or Policy, and in particular, but without limitation, nothing in this Statute affects any power of any person or body within the University to preclude a student from a program, or otherwise to deal with the student's case by reason of the student's failure to satisfy the University's academic requirements.
7.33 A Board of Enquiry or the Appeals Committee may proceed with a hearing under this Statute, and may impose any penalty in accordance with this Statute, notwithstanding that, subsequently to the occurrence of the events giving rise to the related complaint, the person concerned ceased to be an enrolled student.
8. Statute No. 8 - Council's power of preclusion
8.1 Notwithstanding the provisions of any other statute of the University or of any policy or procedure approved by the Council, a person may be precluded in the manner provided in this Statute from entering upon, proceeding with or graduating from a program or programs of study at the University.
8.2 If the Vice-Chancellor in good faith decides (whether as a result of conduct coming within the definition of 'misconduct' for the purposes of Statute No 7 or otherwise) that it is in the best interests of:
(a) the University; or
(b) the students, or a particular group of students of the University; or
(c) the public, or a particular section of the public,
that a particular person be precluded from enrolling for, or proceeding with, or graduating from a program or programs of study at the University, the Vice Chancellor may forward to the Council a recommendation to that effect, together with a statement of the grounds upon which the recommendation is made.
8.3 Subject to clauses 8.4 and 8.5, the Council may by resolution adopt the Vice Chancellor's recommendation with or without modification, whereupon the person who is the subject of the resolution will be precluded in accordance with the terms of the resolution.
8.4 The Council may not adopt a recommendation made by the Vice Chancellor under clause 8.2, with or without modification, unless and until the person who is the subject of the recommendation has had an opportunity, in accordance with clause 8.5, of being heard and of adducing evidence in opposition to the recommendation.
8.5 A hearing for the purposes of clause 8.4 must be conducted by a committee appointed by the Council for that purpose, including at least three members of the Council. At the conclusion of its hearing the committee must report in writing to the Council, and the Council must take the committee's report into account in reaching its decision for the purposes of clause 8.3.
8.6 The Council may at any time review and, if it thinks fit, rescind a resolution made under clause 8.3.
8.7 Any resolution passed by the Council under this Statute must be communicated in writing as soon as possible to the person who is the subject of it.
8.8 Nothing in this Statute affects any power of any person or body within the University to preclude a student from a program of study, or otherwise to deal with the student's case by reason of the student's failure to satisfy the University's academic requirements.