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Constitution of Council Rule

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Section 1 - University Council

Establishment of Council

(1) The Council of the University is established under the UNE Act.

Governing authority

(2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under the UNE Act.

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Section 2 - Constitution of Council

The Council is to consist of

Official members

(3) The Chancellor.

(4) The Vice-Chancellor and Chief Executive Officer.

(5) The Chair of Academic Board.

Elected members

Staff members

(6) A member of the academic staff of the University elected by the academic staff of the University.

(7) A member of the non-academic staff of the University elected by the non-academic staff of the University.

Student member

(8) A Student of the University elected by the Students of the University.

Council appointed members

Graduates

(9) A Graduate of the University appointed by the Council.

(10) A second Graduate of the University appointed by the Council.

Further Council appointed members

(11) A third person appointed by the Council who may or may not be a Graduate.

(12) A fourth person appointed by the Council who may or may not be a Graduate.

(13) A fifth person appointed by the Council who may or may not be a Graduate.

Ministerially appointed members

(14) A person appointed by the Minister.

(15) A second person appointed by the Minister.

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Section 3 - Rules regarding Council

Majority of External persons

(16) The majority of the total number of Council members must be External Persons.

The Chancellor

(17) The Chancellor must be appointed by the Council in accordance with the UNE Act and the rules of the Council.

(18) The Chancellor will hold office for a period of 5 years unless the Chancellor resigns or is removed from office, subject to the UNE By-laws.

Council appointed members

(19) Council appointed members, including Graduate members, must be External Persons.

(20) Council appointed members, including Graduate members, must be appointed in accordance with the procedures for nomination and appointment of Council-appointed members prescribed by the UNE By-laws.

(21) Of the Council appointed members, including Graduate members:

  1. At least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector); and
  2. At least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector); and

(22) All Council appointed members, including Graduate members, must have:

  1. expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University; and
  2. such qualifications (if any) as may be prescribed by the UNE By-laws.

Ministerially appointed members

(23) The Minister may appoint 2 External Persons as members of the Council.

(24) The Minister may not appoint a member of the Parliament of New South Wales, the Parliament of the Commonwealth or another State or the Legislative Assembly of a Territory as a Ministerially appointed member.

(25) The Council may suggest to the Minister persons who the Council considers would be appropriate for appointment by the Minister.

(26) Ministerially appointed members hold office for such term (not exceeding 4 years) as may be specified in the member's instrument of appointment.

(27) All Ministerially appointed members must have:

  1. expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University; and
  2. such qualifications (if any) as may be prescribed by the UNE By-laws.

Elected members

(28) Staff and Student members:

  1. Are to have such qualifications as may be prescribed by the By-laws; and
  2. Are to be elected in the manner prescribed by the By-laws; and
  3. Will hold office for such term (not exceeding 2 years) as may be prescribed in the By-laws.

(29) The Student member must be a Student of the University who:

  1. Is not employed on a full-time basis (or such other basis as the by-laws may prescribe) as a member of the academic or non-academic staff of the University; and
  2. Is elected by the Students of the University.

Authority and Compliance

(30) The Council makes this instrument as a rule under the University of New England Act.

(31) University Representatives and Students must observe it in relation to University matters.

(32) The Rule Administrator is authorised to make procedures and guidelines for the operation of this University Rule. The procedures and guidelines must be compatible with the provisions of this Rule.

(33) This Rule operates as and from the Effective Date, subject to any provisions of a savings or transitional nature in an order made by the Minister under Section 4 of the Universities Governing Bodies Act 2011 (NSW).

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Section 4 - Definitions

(34) Effective Date means the date on which the Minister makes an order under Section 4 of the Universities Governing Bodies Act 2011 (NSW).

(35) External Person means a person other than a member of the academic or non-academic staff of the University or an undergraduate or postgraduate student of the University.

(36) Graduate means a person who has completed the requirements for a course at the University and who has been admitted to the award.

(37) Rule Administrator is the Chief Legal and Governance Officer.

(38) Student means an Admitted Student or an Enrolled Student, at the relevant time, and:

  1. Admitted Student means a Student who has been admitted to a UNE course of study and who is entitled to enrol in a unit of study or who has completed all of the units in the UNE course of study.
  2. Enrolled Student means a Student who is enrolled in a unit of study at UNE.

(39) University Representative means a University employee (casual, fixed term and permanent) contractor, agent, appointee, UNE Council member, adjunct, visiting academic and any other person engaged by the University to undertake some activity for or on behalf of the University. It includes corporations and other bodies falling into one or more of these categories.

(40) UNE Act means the University of New England Act 1993 (NSW).

(41) UNE By-laws means the University of New England By-law 2005 (NSW).

(42) University means the University of New England established under the UNE Act.