THE UNIVERSITY OF QUEENSLAND ACTS 1909 to 1960

Transcription

1 733 THE UNIVERSITY OF QUEENSLAND ACTS 1909 to 1960 Unh'Cl'sity of Queensland Act of 1909, 9 Edw. 7 No.7 Amended by University of Queensland Act Amendment Act of 1922, 13 Geo. 5 No. 18 Financial Emergency Act of 1931, 22 Geo. 5 No. 1 National Education Co-ordination and the University of Queensland Acts Amendment Act of 1941, 5 Geo. 6 No. 6 University of Queensland Acts Amendment Act of 1957, 6 Eliz. 2 No.8 University of Queensland Acts Amendment Act of 1957 (No.2), 6 Eliz. 2 No. 30 University of Queensland Acts Amendment Act of 1960, 9 Eliz. 2 No. 11 An Act to Incorporate and Endow the University of Queensland [Assented to 10 December 1909] l)rcamble.-whcreas it is desirabie to promote sound learning, to encourage original research and invention," and to provide the mea~ns of obtaining a liberal and practical education in the several pursuits and professions of life in Queensland, and for such purposes to incorporate and endow a University open to all classes and denominations of His Majesty's subjects; Collective title conferred by University of Queensland Acts Amendment Act of <) Fliz. 2 No. 11, s. 1 (2). 1. Short title. This Act may be cited as "The University of Queensland Act of 1909." 2. (1) interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say ;- "Council"-The Council of the University constituted under the authority of this Act; "Minister"-The Secretary for Public Instruction or other Minister of the Crown for the time being administering this Act; "Prescribed"-Prescribed by this Act; "Senate"-The Senate of the University constituted under the authority of this Act; "State Education Acts"-"The State Education Acts, 1875 to 1940" (or any Act amending or in substitution for the same) ; "Statutes"--Statutes of the University made under the authority of this Act; "This Act"-This Act and all Orders in Council, Statutes, regulations, and rules made thereunder; "University"-The University of Queensland constituted under the authority of this Act.

2 734 EDUCATION Vol. 4 (2) Director of Education to be designated "The Director-General of Education." On the passing of "The National Education Co-ordination and The University of Queensland Acts Amendment Act of 1941"- (i) The Director of Education appointed pursuant to the State Education Acts and in office at the passing of the said "The National Education Co-ordination and The University of Queensland Acts Amendment Act of 1941" shall without any further or other appointment be and be deemed duly appointed and designated as "The Director-General of Education"; (ii) When by or pursuant to the provisions of any Act (including any of the provisions of the State Education Acts and "The University of Queensland Acts, 1909 to 1941") any jurisdiction, power, or authority is or may be conferred or any duty is or may be imposed on the Director of Education, or any reference is made to the Director of Education, such provisions shall be read and construed as if the Dircctor General of Education were referred to therein in lieu of the Director of Education; (iii) Moreover, for the purpose of giving effect to but without limiting the generality of this subsection, every Proclamation, Order in Council, Rule of Court, Statute, regulation, rule, or by-law made or purporting to have been made under any provision of any Act (including the State Education Acts and "The University of Queensland Acts, 1909 to 1941") prior to and in force at the passing of "The National Education Co-ordination and The University of Queensland Acts Amendment Act of 1941" in which any reference to the Director of Education occurs shall be read and construed as referring to the Director-General of Education; (iv) Any officer subsequently appointed under the State Education Acts who, but for this section, would have been designated "Director of Education" shall be designated "Director-General of Education." As amended by Act of 1941, 5 Geo. 6 No.6, s. 3. Acts referred to: State Education Acts, 1875 to 1957, see p. 713, ante National Education Co-ordination and the University of Queensland Acts Amendment Act of 1941, p. 757, post. The office of Secretary for Public Instruction no longer exists, and the duties of that office are now carried out by the Minister for Education. See note to the State Education Acts, 1875 to J 957, s. 10, p. 716, ante. 3. Repeal of 34 Vic. No. 18. "The University Act of 1870" is repealed. Act referred to: University Act of Vic. No. 18, repealed by this Act. The University Act of a short measure of three sectiom. was designed, according to the preamble, "to foster classical and scientific education within the Colony of Queensland and to place the acquisition of university membership and degrees in arts and sciences within the reach of students by means of examinations locally conducted." Section 1 declared it lawful for the Governor in Council. on obtaining from any university in Great Britain or Ireland authority to institute examinations within the colony for matriculation and for degrees in arts and sciences, to make regulations for conducting such examinations, etc.; and s. 2 declared it lawful for the Governor in Council to extend the provisions of the Act to any college in Great Britain or Ireland authorized to grant diplomas in medicine or surgery.

3 UNIVERSITY OF QUEENSLAND ACTS ss ESTABLISHMENT OF UNIVERSITY 4. Establishment of University. (1) (a) A University, to be called "The University of Queensland," shall be established. (b) Upon and from the commencement of "The University of Queensland Acts Amendment Act of 1957," The University of Queensland (being the University established at Brisbane pursuant to this Act) shall consist of a Senate, a Council, the academic staff, and graduate and undergraduate members. (2) The University shall be a body corporate, with perpetual succession and a common seal, and shall under its name be capable in law of suing and being sued, and of taking, purchasing, holding, and alienating all real and personal property whatsoever, whether the same is situated in Queensland or elsewhere, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. As amended by Act of 1957, 6 Eliz. 2 No.8, s. 3. As to the constitution of the Senate, see s. 7. As to the constitution of the Council, see s. 11. The common seal is not to be affixed to any document except pursuant to a resolution of the Senate. See Statute Relating to the Use and Custody of the Common Seal. in the Calendar of the University of Queensland. 5. (Repealed.) Repealed by Act of 1957, 6 Eliz. 2 No.8, s State educational institutions. The Governor in Council may cause to be established and erected within the University domain any State educational institution, and such institution when established subject to the conditions relating to such affiliation prescribed for the time being by the Statutes, shall be affiliated with the University. As amended by Act of 1957, 6 Eliz. 2 No.8, s. 5. SENATE 7. Constitution of the Senate. (1) The Senate shall consist of twentyseven persons being respectively- (i) The following members ex officio :- (a) The Director-General of Education for the time being; (b) The Vice-Chancellor for the time being of the University; and ( c) The President for the time being of the Professorial Board of the University; (ii) One member of the staff of the University to be elected by the Staff Association of the University; (iii) Fourteen persons to be appointed by the Governor in Council; and (iv) Nine persons to be elected by the Council but so that there shall not at any time be included in the members elected by the Council- (a) More than two full-time members of the teaching staff of the University; or (b) More than three full-time members of the teaching staffs of any secondary schools, technical schools, or similar educational institutions,

4 ~36 EDUCATION Vol. 4 2 (a) Whenever the Director-General of Education is prevented by absence, illness, or other cause whatever from performing his duties as a member of the Senate, the Governor in Council may appoint some fit and proper person to act as a member of the Senate in the place of the Director-General of Education during such time as the Director-General of Education is so prevented from performing such duties, and the person appointed while so acting shall have and may exercise all of the powers, functions, and authorities, and shall perform all the duties of a member of the Senate. (b) The fact that a person appointed to act as a member of the Senate in the place of the Director-General of Education, has exercised any power, function, or authority, or performed any duty of a member of the Senate shall, until the contrary is proved, be conclusive evidence that the person lawfully exercised that power, function, or authority, or performed that duty, as the case may be. (3) A person appointed at any time by the Senate to act in the place of the Vice-Chancellor of the University or of the President of the Professorial Board of the University shall while so acting also act as a member of the Senate in the place of the Vice-Chancellor of the University or of the President of the Professorial Board of the University, as the case may be, and while so acting shall have and may exercise all of the powers, functions, and authorities, and shall perform all the duties of a member of the Senate. (4) Notwithstanding the provisions of subsection one of this section, the Senate as constituted immediately prior to the commencement of "The University of Queensland Acts Amendment Act of 1957," shall continue to be the Senate of the University until the last moment of such date as may be fixed by the Governor in Council by notification published in the Gazette, and every member of the Senate in office immediately prior to the commencement of "The University of Queensland Acts Amendment Act of 1957," may, subject to the disqualifications from office imposed by this Act, continue in his respective office (notwithstanding that by so continuing he retains office for longer than the time prescribed for the holding of that office) until that moment when he shall, unless he is a member ex officio of the Senate, retire from office but shall, subject to this Act, be eligible for re-appointment or re-election to the reconstituted Senate. The Senate as continued by this subsection may exercise, take, and do under, subject to, and in accordance with this Act all such powers, functions, authorities, steps, and things as may be exercised, taken, and done by the Senate by virtue of this Act. Substituted by Act of 1957, 6 Eliz. 2 No.8, s. 6. Act referred to: University of Queensland Acts Amendment Act of 1957, 6 Eliz. 2 No.8. As to the election of the Senate, see s, 8 (3), As to the powers of the Senate, see s. 16. As to the filling of extraordinary vacancies, see s. 14. As to vacation of office and disqualifications, see s. 9. As to the Senate's statute-making powers, see s. 24. For power of the Senate to establish advisory committees, see s. 12. As to a Committee of the Senate, called the Academic Standing Committee, see s. 23A. As to the establishment of National University Colleges outside the Brisbane area, on the recommendation of the Senate, see s. 23E.

5 UNIVERSITY OF QUEENSLAND ACTS ss For powers of the Senate in relation to the recognition of,ubjects taken outside the University, see s. 20A. For powers of the Senate, subject :0 the approval of the Governor in Council to borrow to provide temporary financial accommodation. see s. 26;\. 8. Term of office of members of the Senate other than the members ex officio. (1) Subject to this Act, members of the Senate other than members ex officio shall retire from office in such numbers and in such rotation as may be prescribed by the regulations and every such member shall hold office until the time of his retirement and be eligible for re-appointment or re-election thereto. (2) The office of any member of the Senate other than a member ex officio shall- (i) Commence on the date of his election or appointment thereto; and (ii) Subject to this Act, become vacant at the time when he is required by this Act to retire from office. (3) Elections of members of the Senate by the Council shall be held at such times and in such manner as may be prescribed. Substituted by Act of 1957, 6 Eliz. 2 No.8, s. 7. For Regulations, oct: Table of Contents, allte. As to validity of regulations generally, see Preliminary Note to title ACTS OF PARLIAMENT, Vol. I, p Vacation of office by members of the Senate other than members ex officio. (I) The oflice of a member of the Senate other than a member ex ohlcio shall become vacant if such member- (i) Dies or becomes, within the meaning of the laws in force for the time being relating to mental sickness, mentally sick; or (ii) Becomes bankrupt or compounds or makes an arrangement with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (iii) Resigns his office by writing under his hand delivered to the Chancellor; or (iv) Is convicted of an indictable offence or is sentenced for any offence to imprisonment without the option of a fine; or (v) Is absent without leave obtained from the Senate in that behalf from all meetings of the Senate held during any period of six months and of which due notice has been given to him. (2) In addition to the disqualifications from office imposed by subsection one of this section, a person who is not of the full age of twentyone years shall be incapable of being or continuing a member of the Senate. (3) A person who, in relation to an offence for which he was convicted, has received a free pardon may be appointed or elected as a member. Substituted by Act of Eliz. 2 No.8, s. 8. As to religion, see s. 29, post. For the laws relating to mental sickness, see the Mental Health Act of 1962, title MENTAL HEALTH. For the laws relating to bankruptcy, see the Bankruptcy Act (Commonwealth). As to indictable offence. see the Criminal Code, s. 3, title CRIMINAL LAW.

6 738 EDUCATION Vol Appointment of Chancellor, Deputy Chancellor, and Vice-Chancellor. ( 1) (a) At its first meeting held after the first Tuesday in March in every year the Senate shall elect two of its members to be Chancellor and Deputy Chancellor, respectively, each of whom, subject to this Act, shall hold his respective office until the first meeting of the Senate held after the first Tuesday in March of the next following year and be eligible for re-election. (b) The Chancellor and the Deputy Chancellor of the University holding office immediately prior to the commencement of "The University of Queensland Acts Amendment Act of 1957," may continue subject to this Act, in office until the first meeting of the Senate held after such date as may be fixed by the Governor in Council under subsection four of section seven of this Act and, subject to this Act, shall be eligible for re-election; and the Senate at that first meeting shall elect two of its members to be Chancellor and Deputy Chancellor, respectively, each of whom shall hold his respective office until the first meeting of the Senate held after the first Tuesday in March next following and be eligible for re-election. (2) The Deputy Chancellor may act in the office of Chancellor during such time as the Chancellor is prevented by absence, illness, or other cause whatever from performing the duties of his office or during such time as a vacancy exists in the office of Chancellor and while so acting shall have and may exercise all the powers, functions, and authorities, and shall perform all the duties of the Chancellor. (3) If at any time, both the Chancellor and the Deputy Chancellor are unable or unwilling to act as Chancellor, the Senate may appoint one of its members to act as Chancellor during such time or for such purposes as the Senate may determine and the person so appointed, during that time or for those purposes, as the case may be, shall have and may exercise all the powers, functions, and authorities, and shall perform all the duties of the Chancellor. ( 4) (a) There shall be a Vice-Chancellor who shall be the chief administrative officer of the University. (b) The Senate shall appoint the Vice-Chancellor on such terms and conditions as it may determine and the Vice-Chancellor shall hold his office subject to this Act and the terms and conditions as so determined or as modified for the time being by the Senate (the Senate being hereby empowered to modify from time to time such terms and conditions as it thinks fit). The appointment of a Vice-Chancellor, the terms and conditions of such an appointment, or any modification of the terms and conditions of such an appointment shall be subject to confirmation by the Governor in Council, and shall not be effective unless and until so confirmed. Suhstituted by Act of 1957, 6 Eliz. 2 No.8, s. 9. A ct referred to: University of Queensland Acts Amendment Act of 1957, 6 Eliz. 2 No.8, which commenced on 11 August 1958, see Gazette 9 August 1958, p A~ to the chairmanship of the Senate, see s. 17 (I). The Chancellor and the Deputy Chancellor and members of the Senate may be re-elected, s (1) Constitution of the Council. The Council shall consist of: (i) All members and past members of the Senate;

7 UNIVERSITY OF QUEENSLAND ACTS ss.10, (ii) All persons who have been admitted to a Degree in the University; (iii) Such members of the academic staff of the University, not being graduates of the University, as the Senate may from time to time determine; (iv) Heads of Colleges which are from time to time declared by the Statutes to be University Colleges, and such superior officers of the University as the Senate may from time to time determine; (v) Such fellows, members, licentiates, and associates of colleges or institutions outside the State, duly authorised to grant degrees, diplomas, licenses, or certificates, as may under the Statutes be admitted to be members of the Council; (vi) All individual persons who have made any gift or donation to the University amounting in money or value in the aggregate to not less than five hundred pounds; and (vii) Such persons as the Governor in Council may, from time to time appoint to be members of the Council as being respectively representative of any commercial, industrial, scientific, professional, or educational society, institution, or association within Queensland: Provided that not more than one person shall at any one time be a member of the Council as representative of anyone of the aforesaid societies, institutions, or associations. (2) Disqualifications from membership of tbe Council. No person who-- (i) Is a mentally sick person within the meaning of the laws in force for the time being relating to mental sickness; or (ii) Is convicted of an indictable offence or is sentenced to imprisonment without the option of a fine, shall be capable of being or continuing a member of the Council : Provided that a person who, in relation to an offence for which he is convicted, has received a free pardon may be appointed or elected as a member. (3) Warden (a) At its first meeting held after the first Tuesday in March in every year the Council shall elect one of its members to be its warden who, subject to this Act, shall hold office as such until the first meeting of the Council held after the first Tuesday in March of the next following year and be eligible for re-election. (b) If at any time the warden is unable or unwilling to act as such, the Governor in Council may appoint a fit and proper person to act as warden of the Council during such time or for such purposes as the Governor in Council may determine and the person so appointed during that time or for those purposes, as the case may be, shall have and may exercise all the powers, functions, and authorities, and shall perform all the duties of the warden of the Council. Substituted by Act of 1957, 6 Eliz. 2 No.8, s. 10. As to religion, see s. 29. For the laws relating to mental sickness, see the Mental Health Aet of 1962, title MENTAL HEALTH. As to indictable offences, see the Criminal Code, s. 3, title CRIMINAL LAW.

8 740 EDUCATION Vol. 4 ADVISORY COMMITTEES 12. Advisory Committees. ( 1) The Senate may from time to time make provision, by Statute or otherwise, for the establisment of advisory committees to be respectively established for such purposes, upon such terms, and with such duties as the Senate may, either generally or to meet the particular case, consider advisable. Every such advisory committee shall be constituted and appointed as provided, either generally or to meet the particular case of that advisory committee, by the Senate and may include persons otherwise unconnected with the University. (2) The Senate may refer any subject or matter to any such advisory committee for its advice to the Senate thereon. Sul"titutcd by Act of 1957, 6 Eliz. 2 No.8. s (Repealed.) Rcpca1cd by Act of !.liz. :' No. R.,. I:'. 14. Extraordinary vacancies. ( 1) Any vacancy which occurs in the office of Chancellor, Deputy Ch:lllcellor, or Warden, from any cause whatsoever except retirement as prescribed, shall be filled as it occurs by election; and if any such vacancy is not so filled within three months after it occurred, then it shall be filled by the Governor in Council by the appointment of some qualified person to the office. (2) Any vacancy which occurs in the Senate from any cause whatsoever except retirement as prescribed and otherwise than in relation to a member thereof ex officio shall be filled as it occurs in the same manner as in the case of the member who caused that vacancy: Provided that in the case of a member to be elected by the Council, if the vacancy is not filled within three months of its occurrence it may be filled by the Governor in Council by the appointment of a member to fill that vacancy, and the person so appointed shall hold his office as if he had been so elected. (3) Any person appointed or elected to fill any vacancy in this section referred to shall hold office only for the residue of the term of office for which the person who caused that vacancy had been appointed or elected, as the case may be. As amended by Act of 1941, 5 GeD. 6 No.6, s. 8; and Act of Eliz. 2 No. R. s Officers may be re-elected. Nothing herein contained shall prevent any person from being immediately or at any time reappointed or re-elected to the office of Chancellor, Deputy Chancellor, Warden, or member of the Senate, if he is capable for the time being, under this Act, of holding such office. As amended by Act of 1')41, 5 Geo. 6 No.6, s. 9; and by Act of 1957,6 Eliz. 2 No.8. s. 14. POWERS OF SENATE 16. Powers of Senate. The Senate shall be the governing body of the University. Subject to this Act and the Statutes, the Senate shall have full power and authority from time to time to appoint and dismiss all deans, professors, lecturers, examiners, and other officers and servants of the University, and shall havc the entire management and control of the affairs,

9 UNIVERSITY OF QUEENSLAND ACTS ss concerns, and property of the University, and may act in all matters concerning the University in such manner as appears to it best calculated to promote the interests of the University. A: ~,mended by Act of 1941, 5 Geo. 6 No.6, s. 10. The Senate has no pmver to apply a religious test. See s. 29, post. The Governor in Council may declare that the provisions of the Public Ser vice S,;!,crannuation Acts, 1958 to 1964, title PUBLIC SERVICE, apply to the Univer-ity staff: see s. 75 (1) thereof. 16A. Association of Institutions with the University. For the purpose of supplementing the teaching, research, and other activities of the University, the Senate may from time to time cause the affiliation or association with the University of any establishment or institution or body on such terms as are mutually agreed upon by the Senate and the governing authority of such establishment, institution, or body. lr.'l:rced by Act of 1<)57. 6 Eliz. 2 No.8, s Chairmanship. (1) (a) The Chancellor shall preside at all meetings of the Senate at which he is present. (b) If the Chancellor is absent from any meeting of the Senate the Deputy ChaneeIlor shall preside at the meeting, and if the Chancellor and the Deputy Chancellor are both absent, then the person appointed pursuant to subsection three of section ten of this Act to act as Chancellor shall so preside or, if no person has been so appointed to act as Chancellor, then the members present shall elect from their number a person to preside at the meeting during the absence of the Chancellor and the Deputy Chancellor and the person so elected shall so preside. (2) (a) The warden shall preside at all meetings of the Council at which he is present. (b) If the warden is absent from any meeting of the Council, then the person appointed pursuant to paragraph (b) of subsection three of section eleven of this Act to act as warden shall so preside or, if no person has been so appointed to act as warden, or the person so appointed is also absent from the meeting, then the membcrs present shall elect from thcir number a person to preside at the meeting during the absence of the warden or, as the case may be, person so appointed and the person so elected shall so preside. S"htituted by Act of 1957, 6 Eliz. 2 No.8, s. 16. The Chancellor and the Deputy Chancellor are elected annually by the Senate, s. 10 (1). The Senate also appoints the Vice-Chancellor, subject to confirmation by the (;mernor in Council, s. 10 (4). 18. Validity of proceedings, etc., of Senate, etc. The validity of the proceedings of or of the acts done by the Senate or the Councilor any committee of the Senate or of the Council, and the validity of any acts done by any person acting as chairman or as a member of the Senate or the Councilor any committee as aforesaid, or done by the Chancellor, Deputy Chancellor, or warden or by any person acting as Chancellor, Deputy Chancellor, or warden, shall not be affected by reason of there being any vacancy in the number of members at the time, or by reason of any error or defect in the appointment or election of, or of any disqualification of, any person as aforesaid. Substituted by Act of 1957, 6 Eliz. 2 No.8, s. 17.

10 742 EDUCATION Vol. 4 INSTRUCTION: DEGREES: EXAMINATIONS 19. Power to give instruction and grant degrees. Subject to this Act and the Statutes, the Senate may cause instruction to be given to students, whether matriculated or not, and may grant degrees, diplomas, and certificates, in any branch of knowledge, and may also confer honorary degrees or other distinctions on approved persons: Provided that all degrees and other distinctions shall be conferred and held subject to any provisions which may be made in reference thereto by the Statutes. 20. Faculties. (1) Within the University there shall be maintained and instruction shall be given in the following faculties:- (i) Faculty of Arts; (ii) Faculty of Science; (iii) Faculty of Engineering; (iv) Faculty of Commerce and Economics; (v) Faculty of Agriculture; (vi) Faculty of Law; (vii) Faculty of Dentistry; (viii) Faculty of Veterinary Science; (ix) Faculty of Medicine; (x) Faculty of Education; (xi) Faculty of Architecture: Provided that the Senate may, by Statute approved by the Governor in Council, from time to time abolish any of the said faculties or establish other faculties or otherwise vary the provision hereby made for the faculties within the University. (2) Instruction shall be given in the evening as well as in the day time in such of the courses of study offered to students as in the opinion of the Senate can properly be pursued by students unable to attend day time courses. (3) Provision shall be made by the Senate whereby persons unable to attend classes at the University may be candidates for any degree, diploma, or other award for which the required course of study is such that in the opinion of the Senate it can be pursued without attendance at such classes. So far as may reasonably be done in the circumstances the Senate shall provide appropriate instruction to such candidates through correspondence tuition, local tutors, vacation schools, or otherwise. As to qualifications for registration as a professional engineer, see the Professional Engineers Act of 1929, s. 15 (1) (b). (c), (ii). title ENGINEERS. As to qualifications for registration as a veterinary surgeon, see the Veterinary Surgeons Acts, 1936 to 1946, s. JR, title VETERINARY MEDICINE. As to qualifications for registration as legally qualified medical practitioner, see the Medical Acts, 1939 to 1963, s. 19, title MEDICINE AND PHARMACY. As to establishment of schools of anatomy, see s. 56 thereof. A certificate of examination granted by the University may be accepted by the Surveyors Board in substitution for the whole or part of the Board's examination. See the Land Surveyors Acts, 1908 to 1916, s. 9 (3), title SURVEYS. Similarly the Pharmacy Board may accept a certificate of examination in the same conditions. See the Pharmacy Acts, 1917 to 1959, s. 13 (3), title MEDICINE AND PHARMACY. A diploma granted by the University in Dental Science entitles the holder to registration as a dentist, provided he has attained the full age of 21 years. See the

11 UNIVERSITY OF QUEENSLAND ACTS Dental Acts Amendment Act of 1935, s. 7 0), title MEDICINE AND PHARMACY. As to registration of a graduate in Dental Science, see Dental Acts to 1961, s. 8. A person who holds a prescribed degree, diploma, certificate or licence of competency from the University approved by the Board is entitled to be registered as an architect, the Architects Act of 1962, s. 18 (1) (b), title ARCHITECTS, Vol. I, p As to the qualifications for registration as a public accountant, see the Public Accountanb Registration Acts, 1946 to 1963, s. 17, title ACCOUNTANTS, Vol. 1, p A. Recognition of subjects taken outside the University. (1) The Senate, by Statute approved by the Governor in Council, may from time to time provide- (i) For the recognition, by the Governor in Council at his discretion, in relation to any subject or subjects included in any course of study of the University, of such schools or other educational institutions in Queensland as are considered to give a course of instruction or to conduct examinations or to give a course of instruction and conduct examinations of a standard equivalent to the standard of instruction given or the standard of examinations conducted, or to the standard of instruction given and the standard of examinations conducted, by the University in respect of the same subject or subjects; and (ii) For the granting, in relation to any subject or subjects included in any course of study of the University, of exemption, to such extent as prescribed or as the Senate thinks advisable, from the requirements of the Statutes and the rules of students who have been given a course of instruction or passed the examinations conducted, or who have been given a course of instruction and passed the examinations conducted, in the subject or subjects, by any school or other educational institution so recognised. (2) The Governor in Council from time to time may call upon the Senate to cause inquiry to be made whether any school or other educational institution may be recognised for the purposes referred to in subsection one of this section, and thereupon the Senate shall cause such inquiry to be made and shall furnish to the Governor in Council a report thereon together with its recommendation as to any action that may be taken in the matter. The Governor in Council may have regard as he thinks fit to the report and recommendation, but shall not be bound thereby. Inserted by Act of 1957, 6 Eliz. 2 No.8, s Concessions to persons training for teaching positions. The Senate shall allow such persons who are training for the positions of teachers as from time to time are approved by the Governor in Council, whether approval is given to all persons belonging to a class of persons or in individual cases, and, who previously fulfil the entrance requirements prescribed by the Senate for those courses of instruction, to attend without payment the classes in the courses of instruction for degrees and diplomas in the Faculties of Arts, Science, and Education, and for the Diploma of Physical Education. Substituted by Act of 1957, 6 Eliz. 2 No.8, s. 20.

12 744 EDUCATION Vol. oj 22. Public examinations. Subject to this Act and the Statutes, the Senate may cause public examinations to be held for testing the proficiency of such candidates as may present themselves for examination in any branch or branches of knowledge, and may grant certificates of proficiency to candidates who successfully pass such examinations. 23. Duties of Senate to hold certain examinations. When any public authority is empowered by law to require any person to submit to an examination as to his proficiency in any branch or branches of knowledge, or to produce evidence of such proficiency, as a condition of obtaining any appointment, scholarship, or other reward of merit, or of being admitted to any profession, calling, or office, the Governor in Council may require the Senate to undertake the examinations of persons desiring to submit themselves for examination in such branch or branches of knowledge, and the Senate shall cause such examinations to be held accordingly. 23A. (1) Academic Standing Committee. There is hereby constituted a Committee of the Senate to be called "The Academic Standing Committee" (herein in this section referred to as "the Committee"). (2) Membership. The Committee shall consist of nine persons appointed as follows:- (i) The Director-General of Education for the time being who shall be ex officio a member and chairman of the Committee; (ii) The President of the Professorial Board of the University for the time being who shall be ex officio a member and deputy chairman of the Committee; (iii) Seven other members of the Senate to be appointed annually by the Senate. (3) Absence of chairman and/ or deputy chairman. In the case of the illness or absence of the chairman the deputy chairman shall act as chairman of the Committee, and in the case of the illness or absence of both the chairman and the deputy chairman the members of the Committee present at any meeting shall appoint one of its members to act as chairman. Any person acting as chairman shall while he so acts have all the powers, authorities, and responsibilities and shall perform all the duties of the chairman. ( 4) Functions of the Committee. The functions of the Committee shall, subject to the general supervision and control of the Senate and to any provisions of the Statutes, be as follows:- (a) To supervise the educational affairs and teaching arrangements of the University, including the studies, examination, books for study, teaching and examining staff, and lectures; and (b) Generally, to discharge such other functions or perform such other duties as the Senate, or the Senate in collaboration with the Governor in Council, may from time to time determine. (5) Reference by Senate to Committee. The Senate may refer any matter within its jurisdiction to the Committee for consideration and

13 UNIVERSITY OF QUEENSLAND ACTS ss.22 23B 745 report, and regard shall be given by the Senate to any report and/or recommendation of the Committee in respect to such matter so referred. ( 6) Reports and recommendations of Committee. The Committee may of its own motion make reports and recommendations respecting the general educational affairs and teaching arrangements of the University and shall submit same to the Senate for consideration. Regard shall be given by the Senate to any such report and/or recommendation. (7) Associate members. The Senate may associate with the Committee such professors or other members of the teaching staff or other persons as the Senate may from time to time determine. Inserted by Act of 1941, 5 Geo. 6 No.6, s. 13; and amended by Act of 1957, 6 Eliz. ::: No.8, s B. (1) University Scholarships Board. The Governor in Council may from time to time by Order in Council establish a Board to be called "The University Scholarships Board." Such Board shall be constituted by the following persons, namely: (i) The Director-General of Education for the time being who shall be ex officio member and chairman; (ii) Two other officers of the Department of Public Instruction who shall be appointed by the Governor in Council, one of whom shall also be so appointed as deputy chairman; (iii) Two representatives of the University one of whom shall be President of the Professorial Board of the University for the time being; (iv) The Warden of the Council for the time being; (v) One representative of non-governmental secondary schools, technical schools, and other educational institutions, to be appointed by the Governor in Council. (2) Deputy chairman. In the case of the illness or absence of the chairman the deputy chairman shall act as chairman, and such deputy chairman while he so acts as chairman shall have all the powers, authorities, and responsibilities and shall perform all the duties of the chairman. When any member of the Board is absent or ill or is acting as deputy chairman, the Governor in Council may appoint some other person to act as the deputy for such member during his absence, illness, or while he so acts as deputy chairman, and the person so appointed shall, while he acts as deputy member, have all the powers and perform all the duties of the member. (3) Functions of Board. The functions of the Board shall be: (a) To frame from time to time rules and conditions concerning the award of University Scholarships; (b) To advise the Minister from year to year as to the award of the Scholarships; (c) To collaborate with the Department of Public Instruction and the Senate in regard to the Scholarships; ( d) To perform such other duties as the Governor in Council or the Minister may from time to time determine. (4) Scholarships. For the purposes of this section the term "Scholarships" shall mean -

14 746 EDUCATION Vol. 4 (a) Scholarships termed "University National Scholarships" of such a number, being not less than twenty, as may from time to time be granted by the Governor in Council to students who qualify for enrolment as students of the University by their pass in the Senior University Examination; (b) Scholarships termed "Intra-mural University Scholarships" of such a number as from time to time may be granted by the Governor in Council to students of the University of Queensland in respect of the furtherance and/or continuation of their studies during their studentship as undergraduates, or in respect of post-graduate studies or research work. (5) The Governor in Council may, subject to this Act, from time to time by Order in Council make such modifications in the constitution and/ or functions of the Board as he shall think fit and proper. Inserted by Act of 1941, 5 Geo. 6 No.6, s c. Board of Post-primary Studies and Examinations. (1) The Governor in Council may from time to time by Order in Council published in the Gazette constitute a Board to be called "The Board of Post-primary Studies and Examinations," referred to in this section as "the Board." (2) The Board shall be constituted by so many members appointed from time to time in that behalf by the Governor in Council. Such Board shall consist of - (i) The prescribed number of members being representatives of the Department of Public Instruction, including the Director General of Education for the time being; (ii) The prescribed number of members being representatives of the University of Queensland, including the President of the Professorial Board of the University for the time being and the Warden of the Council for the time being; (iii) The prescribed number of members being representatives of the secondary schools of Queensland at any material time authorised by the Governor in Council to receive as students holders of State Scholarships; (iv) The prescribed number of representatives of technical institutions approved by the Governor in Council; (v) The prescribed number of representatives of such other institutions, associations, or educational interests as may from time to time be approved by the Governor in Council. (3) The Director-General of Education shall be ex officio member and chairman of the Board. (4) The President of the Professorial Board of the University shall be ex officio a member of the Board. (5) The Governor in Council shall appoint a member of the Board to be deputy chairman thereof. (6) In the case of the illness or absence of the chairman of the Board the deputy chairman shall act as the chairman, and in the case of the illness or absence of both the chairman and the deputy chairman the members of the Board present at any meeting shall appoint one of its members to act as chairman.

15 UNIVERSITY OF QUEENSLAND ACTS ss.23b-23d 747 Any person acting as chairman shall while he so acts have all the powers, authorities, and responsibilities and shall perform all the duties of the chairman. (7) Functions of Board. The Board shall from time to time have power and authority- (a) To make recommendations to the Minister concerning the curricula and courses of study in post-primary schools and institutions appertaining to the Junior Public Examination; (b) To make recommendations to the Minister concerning arrangements as may be necessary for the conduct of the Junior Public Examination and for the issue of certificates connected therewith; (c) To make recommendations to the Minister and the Senate of the University concerning the curricula and courses of study in post-primary schools and institutions appertaining to the Senior Public Examination of the University and the examinations for University Scholarships; (d) To make recommendations to the Minister and the Senate concerning the arrangements for, and the conduct of, the Senior Public Examination of the University and the examinations for University Scholarships; (e) To consider and to make recommendations concerning such other matters relating to post-primary education as may from time to time be referred to it by the Minister or the Senate; ( ) To perform such other functions as may be prescribed by the Governor in Council. (8) Subject to this Act, the Governor in Council may from time to time make such modifications in regard to the constitution and/or functions of the Board as he may think fit and proper. (9) In the case of any disagreement between the Senate and/or the Board and/or the Minister and/or otherwise in respect of any matter or thing within the province of the Board, any such disagreement shall be referred to the Governor in Council for determination; and the determination of the Governor in Council signified by Order in Council in the Gazette shall be final and conclusive. Inserted by Act of 1941, 5 Geo. 6 No.6, s. 15; and amended by Act of 1957, 6 Eliz. 2 No.8, s. 22; and Order in Council published Gazette 10 September 1960, p D. Government to have power to call upon members of the staft' of the University to perform special services. If at any time the Governor in Councilor any Minister of the Crown should desire that any investigation or inquiry be made by any member or members of the staff of the University (whether the teaching staff or otherwise) or in the event of any member or members of such staff being required to perform any special duties or services on behalf of the Crown, such investigation or inquiry shall be made or such special duties or services shall be performed upon such terms and conditions as may be agreed upon between the Governor in Councilor, as the case may be, the Minister concerned, and the Senate: Provided that the Senate before so agreeing shall consult the member or members of the staff required for making the investigation or

16 748 EDUCATION Vol. 4 inquiry or performing the special duties or services concerned and obtain his or their consent thereto. When any such agreement between the Governor in Councilor, as the case may be, the Minister concerned with the Senate is arrived at, it shall be the duty of the member or members of the staff concerned to place himself or themselves at the disposal of the Governor in Council or, as the case may be, of the Minister in the conduct of the investigation or inquiry or, as the case may be, in the performance of the special duties or services concerned. Inserted by Act of 1941, 5 Geo. 6 No.6. s E. (1) Power to establish National University Colleges. The Governor in Council, on the recommendation of the Senate, may from time to time by Order in Council published in the Gazette establish outside the Area of the City of Brisbane (as defined in "The City of Brisbane Acts, 1924 to 1940") one or more college or colleges or educational institution or institutions to be styled "National University college or colleges" and herein referred to as "the college." (2) Place of establishment. Each such college shall be established at such place within Queensland as the Governor in Council on the recommendation of the Senate may think fit. (3) College to be incorporated in and function as part of University. Each such college shall be incorporated as part of and shall function as part of the University of Queensland. (4) Terms and conditions of incorporation and functions. Any Order in Council establishing any such college or any further Order in Council may contain such terms and conditions in relation to such incorporation and functions as the Governor in Council may on the recommendation of the Senate declare therein. (5) Powers of Senate in respect of college. The Governor in Council may on the recommendation of the Senate from time to time by Order in Council, prescribe- (a) The powers, authorities, duties, and functions which the Senate may exercise and perform in respect of any such college so established; (b) The general arrangements for the local management, supervision, and control of any such college including, if necessary, the constitution of an advisory council in respect thereof; (c) The financial arrangements for or in respect of the establishment and/or maintenance of any such college; (d) Generally in respect of any matters or things which may be necessary or desirable to carry out the provisions of this section. ( 6 ) Powers of Senate as to officers and property. (i) Except as otherwise may be provided in any Order in Council under this section the powers conferred on the Senate by section sixteen of this Act shall extend to and apply with respect to all professors, lecturers, examiners, and other officers and servants engaged in or in connection with any college established under this section. (ii) Except as otherwise may be provided in any Order in Council under this section, the Senate shall have the entire management and superintendence over the affairs and concerns of each college estab-

17 UNIVERSITY OF QUEENSLAND ACTS ss.23d 23F 749 lished under this section and of any property of the University held upon trust for the purposes of a college established under this section, and in all cases unprovided for in this Act the Senate may in relation to any such property act in such manner as appears to them to be best calculated to promote the purposes of the college. (7) Gifts, etc., in relation to a college. The University shall have power to acquire by gift, devise, or bequest any property upon trust to apply the same or the proceeds thereof or the income therefrom for the benefit of any college established under this section and agree to the conditions of any such gift, devise, or bequest. When before the establishment under this section of a college any property real or personal has been vested in or acquired by any person upon trust for the purposes for which such college is established such person may when the college is established conveyor transfer the property of the University upon trust to apply the same or the proceeds thereof or the income therefrom for the benefit of the college. The acceptance by the University of any such property shall be a complete discharge to the person conveying or transferring the same. (8) In the event of an advisory council being constituted for any college such members shall be appointed by the Governor in Council in the manner prescribed. An advisory council shall have and may exercise ami perform such powers, authorities, duties, and functions as may be prescribed by Statutes of the Senate and the provisions of section twenty-four of this Act shall, mutatis mutandis, apply accordingly. The Senate may delegate to an advisory council constituted for or in respect of any college established under this section any of the powers, authorities, duties, and functions conferred or imposed upon the Senate by this function. Inserted by Act of Geo. 6 No.6, s. 17. Act referred to: City of Brisbane Acts, 1924 to 1960, title BRISBANE, Vol F. (l) Board of Adult Education. The Governor in Council may from time to time appoint a Board to be called "The Board of Adult Education" (herein in this section referred to as "the Board"). (2) Membership. The Board shall consist of fifteen persons appointed as follows ;- (i) The Director-General of Education for the time being who shall be ex officio a member and chairman of the Board; (ii) Three other officers of the Department of Public Instruction to be appointed by the Governor in Council, one of whom shall be appointed as deputy chairman; (iii) Three representatives of the University who shall be nominated by the Senate and appointed by the Governor in Council; (iv) (Repealed), (v) Two representatives of secondary schools, technical schools, and other educational institutions to be appointed by the Governor in Council; (vi) Three representatives of industrial unions of employees (registered pursuant to "The Industrial Conciliation and