(2) This rule prescribes the following:
(3) The provisions of this document take effect as a Council Rule made under Section 29 of the UNE Act.
(4) The delegation of Council powers to the Academic Board under this document are actions authorised under Section 17 of the UNE Act.
(5) The overriding objectives of this rule are as follows:
(6) The members of the Academic Board are as follows:
(7) The following persons have the status of Observers under Section 19(2) of the UNE By-law:
(8) Elections for Academic Board membership, other than to fill a casual vacancy, shall be held annually in October/November with membership starting at the first board meeting of the new calendar year. Whenever possible, elections will be rotated to ensure that there is a balance between continuity and renewal of elected board membership. The rotation shall be determined by the Secretary of the Academic Board and notified annually to the board for the ensuing three years.
(9) Elected representatives who are employed on fixed-term contracts are required to have sufficient service remaining to fulfil their period of office.
(10) Elections of Academic Board members will be conducted by the Secretary to the board by secret ballot as determined by the board's Standing Orders.
(11) An elected position becomes vacant automatically if:
(12) An ex officio member of Academic Board includes a person who has been appointed on an 'acting' basis to the role.
(13) A person who vacates an ex officio position will no longer be eligible for Academic Board membership in the capacity of that position.
(14) Where an elected member is granted leave of absence by the University (e.g. special studies program) or is otherwise unable to attend meetings for up to one calendar year, the Academic Board Executive has authority to arrange for the temporary vacancy to be filled by secondment from the appropriate constituency and ratified at the next board meeting after the vacancy has occurred. The temporary replacement representative shall have full voting rights.
(15) Where an elected member is absent from a particular Academic Board or committee meeting, the absentee may nominate a substitute to attend the meeting on the absentee's behalf until the elected member's return. The nominee shall have observer rights for the meeting attended. The Secretary to the Board is to be notified of the nomination by the elected member before the date of the meeting of the elected member substitute's attendance.
(16) Where an elected member resigns from the University, is granted leave of absence by the University (e.g. special studies program) or is otherwise unable to attend meetings for more than one year, or ceases to be an elected representative for any other reason, the casual vacancy will be filled for the remaining term by election according to Rule 10. The new representative shall have full voting rights.
(17) The ex officio members will be Academic Board members while they hold their primary office.
(18) The tenure of the Chair and Deputy Chair is two years, which is to commence and end on the day of a board meeting.
(19) Elected board staff members' tenure is three years.
(20) Elected board student members' tenure is two years.
(21) Members co-opted under Rule 6.b.iv shall have tenure for one year renewable to a maximum of three years.
(22) The Academic Board will be chaired by the Chair of Academic Board, or in their absence, one of the two Deputy Chairs.
(23) Gender representation shall accord with the Gender Representation on Decision-Making and Advisory Committees Policy.
(24) As a governance body reporting to the University Council, the duties that apply to Council members are deemed to apply to the members of the Academic Board when they are carrying out their Academic Board functions. Each member of the Academic Board must carry out his or her Academic Board functions subject to the duties as set out in Schedule 2A of the UNE Act. These duties are as follows:
(25) The functions of the Academic Board established under Section 21 of the UNE By-law and as delegated by the Council are as follows:
(26) To oversee academic governance of the University's mission including to:
(27) The University's rules, frameworks, policies, protocols, procedures and guidelines take effect when they have been approved by the Vice-Chancellor, except for matters reserved to Council which take effect when approved by Council. Accordingly, the rules, policies and processes referred to in this clause and that are approved by the Academic Board are subject to final approval by the Vice-Chancellor.
(28) To monitor the quality of the University's academic programs, including to monitor the University's activities to:
(29) To advise and/or report to Council and the Vice-Chancellor on academic matters, in particular on:
(30) To discuss major issues bearing upon the University's academic mission and communicate with the academic community on matters relevant to the board's remit, through the provision of forums for discussion and the dissemination of appropriate information to academic units and relevant committees.
(31) To seek data and information from the University through the Vice-Chancellor to meet the board's statutory duties and functions.
(32) The members of the Academic Board Executive are prescribed by Section 20 of the UNE By-law and are as follows:
(33) The function of the Academic Board Executive is to ensure that the Academic Board is constituted and carries out its functions in accordance with the UNE Act, UNE By-law and these Terms of Reference.
(34) The Chair of Academic Board and the two Deputy Chairs are elected by the Academic Board from among the elected board members who are Professors or Associate Professors. A Deputy Chair may stand for Chair.
(35) The election of the Chair will be held every second year at the last board meeting of that calendar year. The Chair-elect will assume office at the beginning of the first scheduled board meeting of the new calendar year.
(36) The election of one Deputy Chair shall be held each year at the first board meeting of the calendar year and will assume office immediately upon election.
(37) Once elected, the Chair and Deputy Chairs remain board members for the duration of their terms of office (provided they remain University employees) irrespective of any changes after election to the status that originally entitled them to board membership.
(38) Both genders and three different Schools must be represented among the Chair and two Deputy Chairs.
(39) The office of Chair or Deputy Chair of the Academic Board may not be held by one person for more than three consecutive terms. However, this limit shall not apply to a Deputy Chair who is elected as the Chair, who may serve a maximum of three consecutive terms in either or both offices.
(40) The Chair is the University academic spokesperson to the Vice-Chancellor and to the Council and represents the academic community on the Council as an ex officio member and on the committees of the University Senior Executive as the Vice-Chancellor determines.
(41) The Academic Board may empower the Chair to act on its behalf on routine matters.
(42) If the Chair of Academic Board is unavailable or unable to act for a period of time, then the Chair must appoint one of the Deputy Chairs of Academic Board to act as Chair.
(43) The Chair must appoint from the elected members of the Academic Board:
(44) If the office of Chair is vacant, or the Chair does not appoint one of the Deputy Chairs to act as Chair, then the Chancellor must appoint one of the Deputy Chairs to act as Chair.
(45) An acting Chair has the same powers and obligations as the Chair.
(46) Where the Chair or Deputy Chair is absent for up to six months on Special Studies Program leave, the Chair will be replaced for this period by a Deputy Chair. Similarly, a Deputy Chair will be replaced for the same period by a temporary Deputy Chair elected from among the elected membership of the Academic Board by secret ballot.
(47) The Academic Board Executive will maintain a working relationship with the Committee of Chairs of Academic Boards/Senates in NSW and the Federated Territories, and the national group of Chairs of Academic Boards and Senates, for purposes of benchmarking and keeping abreast of developments and changes in Academic Board activities at both the state and national level.
(48) Elected members are encouraged to:
(49) There is to be a Standing Committee of Academic Board.
(50) The terms of reference for the Standing Committee of Academic Board are set out in the Annex of this rule.
(51) The Standing Committee of Academic Board is a committee established by the Academic Board under UNE By-Law 23.
(52) The Standing Committee of Academic Board reports to the Academic Board.
(53) There is to be a University Teaching and Learning Committee.
(54) The terms of reference for the University Teaching and Learning Committee are set out in a separate University Rule.
(55) The University Teaching and Learning Committee reports to the Vice-Chancellor on operational and management matters.
(56) The University Teaching and Learning Committee reports to the Academic Board on matters that fall within the Academic Board's functions.
(57) There is to be a University Research Committee.
(58) The terms of reference for the University Research Committee are set out in a separate University Rule.
(59) The University Research Committee reports to the Vice-Chancellor on operational and management matters.
(60) The University Research Committee reports to the Academic Board on matters that fall within the Academic Board's functions.
(61) There is to be a University Academic Program Committee.
(62) The terms of reference for the University Academic Program Committee are set out in a separate University Rule.
(63) The University Academic Program Committee reports to the Vice-Chancellor on operational and management matters.
(64) The University Academic Program Committee reports to the Academic Board on matters that fall within the Academic Board's functions.
(65) The Academic Board has delegated authority from the UNE Council to perform on behalf of Council the approval, advisory, monitoring and communication functions set out in the terms of reference above and all matters ancillary to those functions.
(66) The Chair of the Academic Board will report to Council regularly on the business conducted by the Academic Board.
(67) The Academic Board will meet bimonthly, or otherwise as required in order to perform its functions. Academic Board members should be given at least seven days' notice of a meeting, or such shorter notice period as is practicable where the matter is urgent.
(68) Unless the Chair directs otherwise, Academic Board business papers will be distributed to Academic Board members and official attendees, at least seven days prior to the meeting, or such shorter period as is practicable in the circumstances.
(69) Public disclosure of business papers, minutes and other information received by the Academic Board should be made via the Chair or Secretary to the Academic Board.
(70) At any meeting of the Academic Board or its committees, one half of the voting membership plus one constitutes a quorum.
(71) For its business papers, meetings and otherwise to conduct its business, the Academic Board and its members may use technology including telephone, video-conferencing, telepresence, email and internet as arranged by the Chair and/or University Secretary.
(72) The Academic Board or its committees may pass a resolution by 'flying minute' provided that the resolution has been approved by a simple majority of the Academic Board members at the time the resolution is made.
(73) Draft minutes will normally be circulated to members for comment promptly after each meeting. Next the minutes (with any necessary changes) will be circulated for adoption by the Academic Board. The minutes will be finalised and adopted when they have been approved by a majority of the members that were present at the relevant meeting. Alternatively, the minutes may be included in the business papers for the next Academic Board meeting and considered/adopted by the Academic Board at that meeting.
(74) Once in every twelve-month period, the Academic Board shall devote at least one part of one meeting to the review of its policies, practices and procedures over the preceding twelve months.
(75) The University Secretary and/or nominee will provide secretarial and administrative support to the Academic Board.
(76) The Academic Board may make standing orders relating to the way it conducts its meetings and business generally. To the extent of any inconsistencies between these Terms of Reference and the Academic Board's Standing Orders, these Terms of Reference prevail.
(77) Words and phrases used in this document have the following meanings, unless the context requires otherwise:
(78) Where Academic Board membership is defined by reference to an office held (e.g. 'Chair of Academic Board'), that office-bearer is a member ex officio and has all of the same rights and responsibilities (including voting) as other Academic Board members whilst holding the office specified.
(79) This document does not override or otherwise affect:
(80) The existing Academic Board terms of reference, Constitution and any other documents governing the Academic Board at the time these new Terms of Reference are approved are replaced and have no further operation.