G1 — Rules relating to Council, the Chancellor, Deputy Chancellor and Vice-Chancellor

These Rules shall be known as the UTS General Rules and are made pursuant to section 29 of the University of Technology Sydney Act 1989 (NSW) (the Act) and clause 44 of the University of Technology Sydney By-law 2005 (NSW) (the By-law).

They take effect in accordance with section 29(2)(c) of the Act and are promulgated in accordance with clause 46 of the By-law.

1. Chancellor or Deputy Chancellor to preside at ceremonial occasions

(1) The Chancellor when present is to preside at ceremonial occasions.

(2) In the absence of the Chancellor, the Deputy Chancellor when present is to preside at ceremonial occasions.

(3) In the absence of both the Chancellor and Deputy Chancellor, a Pro-Chancellor is to preside at ceremonial occasions.

(4) In the absence of the Chancellor, Deputy Chancellor and a Pro-Chancellor, the Chancellor is to appoint a member of Council, or senior staff member or emeritus professor to preside at ceremonial occasions.

2. Powers of Chancellor in relation to University committees

(1) The Chancellor may without specific appointment exercise the right of membership of any committee or board of the University.

(2) The Chancellor may preside at any meeting of any such committee or board and has all the functions of the presiding member of any such committee.

(3) If the Chancellor is absent or is unable to act, or if the office of Chancellor is vacant, the Deputy Chancellor may preside at any such meeting and is to have the like functions.

3. Presiding member

The Chancellor, or any other person presiding at any meeting of Council in accordance with this Rule G1, has a deliberative vote and, in the event of an equality of votes, a casting vote.

4. Ordinary meetings of Council

Council is to meet in ordinary session not less than six times in each year and at such other times as Council decides.

5. Special meetings of Council

(1) A special meeting of Council:

        (a) may be convened by:
                (i) the Chancellor or, in the absence of the Chancellor, the Deputy Chancellor;
                (ii) the Vice-Chancellor; or
        (b) is to be convened by the University Secretary if the University Secretary receives a written request of not less than five members of Council setting forth the purpose for which the meeting is required to be convened.

(2) A special meeting required to be convened under Rule G1-5(1)(b) is to be held within 30 days after the receipt of the request for that special meeting.

6. Notice of meeting of Council

Notice of the date, time and place of a meeting of Council and a copy of the agenda and, in the case of a special meeting, advice as to the purpose for which the meeting is to be convened, are to be provided by the University Secretary to each member of Council at least seven days before the date of the meeting.

In circumstances where the governance of the University would otherwise be compromised, the Chancellor, Vice-Chancellor and University Secretary, as the Executive of Council, may suspend the requirements of the previous paragraph by directing the University Secretary to take action with respect to any of the following:

(1) advise members of a Council meeting with shorter notice than prescribed in the paragraph above;

(2) advise only Council members and other required attendees of the meeting place;

(3) advise Council members that a meeting will be held in closed session.

7. Business at meetings

A member of Council must not initiate any matter for discussion, or move any motion in respect of any matter initiated, at a meeting of Council unless:

(1) notice in writing has been given to the University Secretary, in the case of an ordinary meeting, not less than 14 days before the date of the meeting and, in the case of a special meeting, not less than 10 days before the date of the meeting, that the matter will be so initiated or a motion moved in respect of the matter; or

(2) Council or the person presiding at that meeting otherwise permits.

8. Meeting may be adjourned

The person presiding at a meeting of Council may adjourn that meeting to a later time or date.

9. Failure to give, or receive, notice of meeting

Proceedings of a meeting of Council are to be taken to have been validly transacted notwithstanding the accidental omission to give notice of the meeting to, or the non-receipt of a notice of the meeting by, a member.

10. Out of pocket expenses

If a member of Council incurs out of pocket expenses while engaged on University business, the University Secretary may authorise the payment of the whole or any part of the expenses so incurred to that member, except for the Vice-Chancellor, who will operate in accordance with the Delegations.

11. Vice-Chancellor

(1) The Vice-Chancellor, as the chief executive officer of the University, is to be the principal academic and administrative officer of the University and is responsible to Council for implementing the decisions of Council.

(2) Subject to the Act, the By-law, the Rules and the resolutions of Council, the Vice-Chancellor is to be responsible for:

        (a) promoting the interests and furthering the development of the University;
        (b) conducting the academic, administrative, financial and other business of the University; and
        (c) exercising general supervision and control in relation to the members of staff of the University and the welfare and discipline of students.

12. Role of Vice-Chancellor in relation to Council committees and boards

(1) Subject to the By-law, these Rules and any direction by Council, the Vice-Chancellor is to be ex officio a member of every committee or board of Council, with the exception of the Audit and Risk Committee.

(2) In the absence of both the appointed Chair of a committee or board of Council and the Chancellor, the Chancellor may appoint any member of Council to preside at a meeting of a committee or board of Council.

13. Acting Vice-Chancellor

(1) In the event of the absence on leave of the Vice-Chancellor from the University or the illness or incapacity of the Vice-Chancellor, an Acting Vice-Chancellor is to be appointed:

        (a) by the Vice-Chancellor, if the Vice-Chancellor has no reason to believe that the absence, illness or incapacity will exceed four weeks; or
        (b) by Council in any other case or if the Vice-Chancellor does not make an appointment in accordance with paragraph (a).

(2) The Vice-Chancellor may also appoint an Acting Vice-Chancellor where the Vice-Chancellor is absent from the University on official business and believes that such an appointment is necessary for the effective operation of the University.

14. Powers and authorities of Acting Vice-Chancellor

In the exercise of the functions of the Vice-Chancellor, the Acting Vice-Chancellor has such powers and authority as may be necessary or convenient to give effect to the provisions of the By-law, the Rules and the resolutions of Council.

15. Size of Council

(1) For the purposes of section 8B(2) of the Act, the total number of members on Council is 20.

(2) For the purposes of section 8B(4) of the Act, the number of members in each of the categories defined by section 8B(3) of the Act, shall be as follows:

        (a) five elected members;
        (b) 10 Council appointed members;
        (c) two Ministerial appointed members.

(3) Pursuant to sections 8B(2) and (5) of the Act, a change to Rules G1-15(1) or G1-15(2) may only be made by a resolution passed by at least two thirds of the members of Council.

16. Elected staff and students

(1) For the purposes of section 8D(1) of the Act, the number of staff and students elected to Council shall be as follows:

        (a) two elected (academic) staff members;
        (b) one elected (non-academic) staff member;
        (c) one elected (undergraduate) and one elected (postgraduate) student.

(2) Any staff member or student standing for election to a position described in section 8D(1) of the Act and Rule G1-16(1)(a) to (c) shall at the time of their nomination for that position, provide a declaration that, to the best of their knowledge, the person will meet the qualifications described in sections 8D(2) and (3) of the Act for the entire term of office to which the person is seeking election, and that, if elected, the person will advise the Returning Officer as soon as they become aware of any change to their qualification.

(3) Rule G1-16(2) is to be read in conjunction with information on qualifications for elected members of Council, detailed in clauses 7 to 10 of the By-law.

17. Number of graduate members

For the purposes of section 8E(1) of the Act, the number of external persons who are graduates of the University shall be at least one.

18. Conduct of elections and authority for determining the method of election

The elections for the elected members of Council are to be conducted in accordance with the By-law, Part 2, Division 2 and the Rules of the University.

19. Delegations

(1) Section 17 of the Act provides Council with the power to delegate any of its functions (other than the power of delegation), or any matter or activity. The functions, matters and activities Council has delegated are detailed in the Delegations.

(2) The Delegations, which have the same force as these rules, consist of the Delegations Schedule (refer separate instrument), the Delegations Principles (refer Schedule G1) and the Strategic Delegations (refer Schedule G2). In exercising any delegated function, matter or activity, a delegate must observe the Delegations Schedule, Delegations Principles, Strategic Delegations and all noted policies.

20. Register of Delegations

This Rule is made pursuant to section 17 of the Act. A register of resolutions by Council to delegate all or any of its functions is to be maintained by the University Secretary in which must be recorded the following details:

(1) the relevant Council resolution number and meeting date;

(2) the exact terms of the relevant Council resolution;

(3) official file number;

(4) delegations rescinded by Council resolution;

(5) new delegations by Council resolutions; and

(6) whether the exercise of any delegation, being the subject of a Council resolution, is to be reported to Council.