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UNE Council Charter - Annexure 2 - Appointment of Chancellor and Deputy Chancellor

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Section 1 - Objective and Scope

(1) This Annexure provides the method by which the Chancellor and Deputy Chancellor are appointed.

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Section 2 - Scope

(2) This Rule covers the circumstances where there is a vacancy or anticipated vacancy in the office of Chancellor or Deputy Chancellor and applies to UNE Representative, including members of the University Council and to the University Secretary.

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Section 3 - Appointment Guidelines

Chancellor appointment

(3)  A Chancellor holds office for a period of five years, as per the University of New England By-Law 2005 7(1).  When appointing a Chancellor:

  1. Unless otherwise specified, the date of election will be deemed to be the date the resolution to appoint the Chancellor is made, or the date on which an incumbent Chancellor’s term ends, whichever is the later;
  2. The Chancellor must be an external person, as defined in section 8 of the UNE Act;
  3. This person does not have to be a current member of the University Council; and
  4. If a member of the University Council is appointed as Chancellor their position on the UNE Council is deemed vacant and will be filled in accordance with the applicable requirements of that position.

(4) Approximately 12 months prior to the expiry of their term the incumbent Chancellor must advise the University Council whether they wish to stand for a further term.

  1. If the Chancellor indicates they wish to do stand for an additional term:
    1. Then as soon as practicable a resolution to appoint the incumbent chancellor for a further term will be put to the University Council and determined by a majority vote;
    2. If a further term will result in the incumbent Chancellor being appointed to serve for more than 12 consecutive years as a University Council member, then the appointment will be subject to the Council expressly resolving to appoint the individual for a period of more than 12 years, as per section 9(3) of the University of New England Act 1993; and
    3. If the University Council resolves to appoint the incumbent Chancellor for a further term, then the Chancellor will be so appointed and serve a new term commencing upon expiry of their current term.
  2. If the incumbent Chancellor resolves not to remain for a further term or the resolution to appoint the incumbent chancellor is not passed by Council or the Office of the Chancellor is vacant or filled temporarily, then the Council will convene a Chancellor Selection Committee to undertake a search for a new Chancellor.

(5) The powers and obligations of the Chancellor Selection Committee are set out in the terms of reference. When appointing the Chancellor:

  1. the committee must submit its recommended candidate to the University Council as soon as practicable;
  2. thereafter a resolution to appoint the recommended candidate as Chancellor will be put to the University Council and determined by majority vote;
  3. candidates who are also University Council members, and whose appointment will result in their being appointed to the Council for more than 12 consecutive years will be subject to the Council expressly resolving to appoint that person for more than 12 consecutive years, as per Section 9(3) of the University of New England Act 1993; and
  4. if a recommended candidate is not appointed, then the Chancellor Selection Committee may recommend another candidate, or make undertake a further search for suitable candidates.

Deputy Chancellor Appointment

(6) A Deputy Chancellor holds office for a period of two (2) years, as per the University of New England Act 1993 (section 2). When appointing the Deputy Chancellor:

  1. unless otherwise specified, the date of election will be deemed to be the date the resolution to appoint the Chancellor is made, or the date on which an incumbent Chancellor's term ends, whichever is the later;
  2. the University Council can appoint a person only as Deputy Chancellor if they are a member of the University Council;
  3. the appointee holds office as Deputy Chancellor subject to them continuing to hold their office as a Council Member;
    1. which means the Deputy Chancellor's underlying office of a Council Member (for example, ‘Minister-appointed member’) is retained and the member will return to that office when they cease to be Deputy Chancellor; and
  4. as defined in section 8 of the University of New England Act 1993, the Deputy Chancellor must be an external person.

(7) The incumbent Deputy Chancellor must provide notice to the University Council whether they wish to stand for a further term prior to the terms expiry. They are encouraged to provide this notice approximately four (4) months in advance of the conclusion of their term. If the Deputy Chancellor indicates they wish to stand for a further term:

  1. then as soon as practicable a resolution to appoint the Deputy Chancellor for a further term will be put to Council and determined by a majority vote; and
  2. if the resolution is passed then the incumbent Deputy Chancellor will be so appointed and commence their additional term upon expiry of their current term.

(8) If the above resolution to appoint is not passed, the incumbent Deputy Chancellor gives notice that they do not wish to undertake a further term or the office of the Deputy Chancellor is vacant or filled temporarily, then the University Council via the University secretary will call for nominations from University Council members for the office of Deputy Chancellor. When appointing the Deputy Chancellor:

  1. self nominations are permitted;
  2. a nomination must be seconded by another member of the University Council;
  3. the nominee must state whether they accept the nomination;
  4. the University Secretary must conduct the process during a Council meeting or out of session;
  5. if there is one valid nomination, as soon as practicable thereafter a resolution to appoint the nominee will be put to Council and determined by a majority vote; and
  6. if there are multiple nominees then the Council will vote on the nominations and the nominee with the highest number of votes will be appointed will be appointed as Deputy Chancellor.

(9) To respect the privacy of candidates and nominees, matters under the appointment of Chancellor and Deputy Chancellor will be confidential, and resolutions in relation to it will be considered in confidential session of the Election Council Meeting. The result of an appointment process will be published by the University Secretary after the confidential session has closed.

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Section 4 - General

(10) This Rule takes effect as a Rule of Council pursuant to Section 25 of the UNE By-laws (By-Law).

(11) To the extent this Rule conflicts with the UNE Act or UNE By-law, the Act or By-law prevails to the extent of the conflict and this Rule must be read down accordingly.

(12) This Rule operates as a delegation by Council under Section 17 of the UNE Act.