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(1) This Rule is made by the Council of the University of Newcastle under section 29 of the University of Newcastle Act 1989 No 68 (NSW) (‘the Act’). (2) This Rule takes effect on 22 September 2017. (3) Headings and bold type are for convenience only and do not affect the interpretation of this Rule. (4) The singular includes the plural and the plural includes the singular. (5) The word ‘includes’ in any form is not a word of limitation. (6) A reference to a staff position: (7) A reference to a staff title which ceases to exist is a reference to the staff title which replaces it. (8) For the purposes of section 8B(4) of the Act, Part D comprises the constitution rules. (9) The Council consists of sixteen members. (10) The number of members in each category of the Council is: (11) For the purposes of section 8D of the Act, of the elected members of the Council: (12) For the purposes of section 8E of the Act: (13) For the purposes of section 17 of the Act: (14) For the purposes of section 21B of the Act, the Council delegates authority to the Vice-Chancellor the responsibility to establish and maintain procedures for the operation of the Guidelines for Commercial Activities. (15) For the purposes of section 21C of the Act, the Council delegates authority to the Vice-Chancellor the responsibility to maintain a Register of Commercial activities, which includes the matters prescribed by section 21C of the Act. (16) Election to the Council will be in accordance with Schedule 5. (17) For the purposes of section 8D of the Act, the University Secretary must keep and maintain: (18) Subject to, and so far as may be permitted under law, the University may: (19) The University will arrange (and pay the premium for) insurance for officers, in accordance with the terms outlined in the Deed of Protection. (20) For the purposes of clause 16 of the University of Newcastle By-law 2017 (‘the By-law’) and Schedule 1 of this Rule: (21) A President of the Academic Senate will be elected by the full-time members of the academic staff of the University from amongst the staff members at Level E or D. (22) A Deputy President of Academic Senate - Teaching and Learning will be elected by the Academic Senate from amongst the elected academic staff members at Level E or D. (23) A Deputy President of Academic Senate – Research will be elected by the Academic Senate from amongst the elected academic staff members at Level E or D. (24) The Academic Senate may, by votes of two thirds of its membership in favour of motions of no confidence, recommend to the Council that action is initiated for the removal from office of the President or/and the Deputy President(s) of the Academic Senate, where the President or/and the Deputy President(s) have lost the confidence of the Academic Senate. (25) For the purposes of clause 18(f) of the By-law and Schedule 1 to this Rule, the other functions of the Academic Senate are to undertake the academic governance functions as described in the Higher Education Standards Framework Threshold Standards. (26) Election to the Academic Senate will be in accordance with Schedule 5. (27) The term of office of an academic staff member elected to the Academic Senate in accordance with Clause 20(c), (d) or (g) (including the elected academic staff members who are also elected as Deputy President of Academic Senate - Teaching and Learning in accordance with Clause 22 and the Deputy President of Academic Senate – Research in accordance with Clause 23) is two years. (28) The term of office of an undergraduate student or postgraduate student elected to the Academic Senate in accordance with Clause 20(e) or (f) is one year. (29) The term of office of the President of the Academic Senate elected in accordance with Clause 20(b) and Clause 21 is three years. (30) The maximum number of consecutive terms of office for the positions below is two terms, unless the Academic Senate otherwise resolves in relation to the academic staff member currently holding such a position: (31) If a casual vacancy occurs in the office of an elected member to the Academic Senate (other than the President of the Academic Senate) with less than half of the term of that office remaining, the Academic Senate may: (32) If a casual vacancy occurs in the office of: (33) In fulfilling its functions as set out in Clause 18 of the By-law and Clause 25 of these Rules, the Academic Senate may: (34) For the purposes of section 12(2) of the Act, the Council grants the Vice-Chancellor the additional title of President of the University. (35) In accordance with section 12(3) of the Act, the Vice-Chancellor is the principal executive officer of the University, and is responsible for the management and operations of the University, subject to the matters over which authority has been retained by the Council in accordance with Part E. (36) The functions of the Vice-Chancellor are to: (37) Subject to Part E, the Council delegates to the Vice-Chancellor such authority as may be necessary or convenient to fulfil the responsibilities of the position. (38) With the exception of the committees of the Council, the Vice-Chancellor is an ex-officio member of every Faculty, school and committee of the University and any like body within the University, and may preside at any meeting of such faculty, school, committee or body. (39) The authority of the Vice-Chancellor to preside at a meeting in accordance with Clause 37 does not extend to a meeting at which the Chancellor or Deputy Chancellor is present if the Chancellor or Deputy Chancellor desires to preside. (40) Subject to Part E, the Vice-Chancellor may appoint members of the senior executive including the Deputy Vice-Chancellors and Pro Vice-Chancellors. Subject to the Conditions of Sub-delegation by the Vice-Chancellor in Schedule 4, such officers will have the functions, powers and authorities delegated to them from time to time by the Vice-Chancellor. (41) 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: (42) 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. (43) 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 Act, the By-law, this Rule and the resolutions of the Council. (44) For the purposes of clause 14 of the By-law, meetings of Convocation will be conducted in accordance with Schedule 6. (45) For the purposes of clause 15 of the By-law, the functions of Convocation are to: (46) The Council has established the Alumni Advisory Committee as the standing committee of Convocation under section 14(6) of the Act. (47) The constitution, functions and powers of the Alumni Advisory Committee are as prescribed by the Council from time to time. (48) For the purposes of section 14 of the Act, the University Secretary will keep a Register containing the names and last known email addresses (or, if no email address is known, the last known address) of members of Convocation. (49) For the purposes of Schedule 1 to this Rule: (50) The conferral of an award, through the provision of a testamur, certifies that the requirements of the qualification have been met. (51) A person who receives a testamur is a graduate of the University. (52) For the purposes of Schedule 1 to this Rule: (53) For the purposes of Schedule 1 to this Rule, the Council may grant honoris causa to persons who, in the opinion of the Council, are eligible for or might properly be honoured by those awards. (54) Honorary awards may be made: (55) The Council may confer the title of Honorary Professor or any other honorary title on such persons and in such circumstances as the Council may determine. (56) The holder of an honorary title is to perform such duties and hold office for such period and upon such conditions as the Council determines. (57) In the context of this document:Governance Rule
Section 1 - Council Preliminary
Part A - Enactment
Part B - Commencement
Part C - Interpretation
Section 2 - The University Council
Part D - Constitution of the Council
Part E - Delegation of Authority
Part F - Election to the Council
Part G - Keeping of Rolls
Part H - Indemnity and Insurance
Section 3 - The Academic Senate
Part I - Constitution of the Academic Senate
Part J - President and Deputy President of the Academic Senate
Part K - Functions of the Academic Senate
Part L - Election to the Academic Senate
Part M - Term of Office to the Academic Senate
Part N - Vacancies
Part O - Proceedings of the Academic Senate
Top of PageSection 4 - The Vice-Chancellor
Part P - Additional Title
Part Q - Functions of the Vice-Chancellor
Part R - Authority of the Vice-Chancellor
Part S - Acting Vice-Chancellor
Section 5 - Convocation
Part T - Meetings of Convocation
Part U - Functions of Convocation
Part V - Alumni Advisory Committee
Part W - Register of Convocation
Section 6 - Awards and Titles
Part X - Programs Leading to an Award
Part Y - Conferral of Awards
Part Z - Revocation of Awards
Part AA - Honorary Awards
Honorary Titles
Section 7 - Definitions
Top of PageSection 8 - Schedules