Education and Training Act 2020

Schedule 12 Administrative provisions applying to Vice-Chancellors Committee

s 311(6)

1 Meetings of Vice-Chancellors Committee

(1)

The Vice-Chancellors Committee may meet as and when the Vice-Chancellors think fit.

(2)

If the Vice-Chancellor of a university is unable to attend a meeting, a person nominated by that Vice-Chancellor may attend in place of that Vice-Chancellor and, when so attending, is to be treated as the Vice-Chancellor of that university.

(3)

The Vice-Chancellors Committee must appoint a member to be the chairperson of the Committee.

(4)

Subject to this clause, the chairperson holds office for the period that the Vice-Chancellors Committee determines.

(5)

The chairperson ceases to hold office if the chairperson—

(a)

ceases to be a member; or

(b)

tells the members at a meeting of the Vice-Chancellors Committee or otherwise that the chairperson resigns from office as chairperson.

(6)

The chairperson must preside at all meetings at which the chairperson is present.

(7)

If the chairperson is not present at a meeting, the members present must appoint one of their number to preside at that meeting.

(8)

Subject to this clause, the Vice-Chancellors Committee may determine its own procedures.

Compare: 1989 No 80 Schedule 14 cl 1

2 Staff and expenses

The councils of the universities are responsible for providing a secretary and other staff to assist the Vice-Chancellors Committee in the performance of its functions and for paying the remuneration and allowances of those staff and meeting any other costs and expenses of the Committee.

Compare: 1989 No 80 Schedule 14 cl 2

3 Affixing of Vice-Chancellors Committee’s common seal

(1)

The Vice-Chancellors Committee may, in writing under its common seal, authorise any member or members, or any member or members of the staff of the Committee, to execute documents, or documents of a specified class or description, or specified documents, on the Committee’s behalf.

(2)

Subject to subclause (6), an authority under subclause (1) may be given unconditionally, or subject to any conditions the Vice-Chancellors Committee thinks fit.

(3)

The Vice-Chancellors Committee’s common seal may not be affixed to any document except—

(a)

in accordance with a resolution of the Committee; or

(b)

owing to, and in accordance with, an authority under subclause (1).

(4)

The affixing of the Vice-Chancellors Committee’s common seal in accordance with a resolution of the Committee must be countersigned by at least 2 members.

(5)

The affixing of the Vice-Chancellors Committee’s common seal owing to an authority under subclause (1) must be countersigned in accordance with the authority.

(6)

An authority under subclause (1) must provide for the affixing of the Vice-Chancellors Committee’s common seal to be countersigned by at least 2 people.

(7)

The affixing of the Vice-Chancellors Committee’s common seal on a document is conclusive proof of the authority of the people who affixed it to do so.

Compare: 1989 No 80 Schedule 14 cl 3

4 Personal liability of members or staff

A member, or member of the staff, of the Vice-Chancellors Committee is not personally liable for any act done or omitted by the member, or members of the staff, or by the Committee—

(a)

in good faith; and

(b)

in performance or intended performance of the Committee’s functions.

Compare: 1989 No 80 Schedule 14 cl 4

5 Vice-Chancellors Committee may establish subcommittees

(1)

The Vice-Chancellors Committee may establish and abolish subcommittees.

(2)

A subcommittee may include people who are members of the Vice-Chancellors Committee, people who are not members of the Vice-Chancellors Committee, or both.

(3)

A subcommittee must appoint a person to preside at its meetings (a presiding officer).

(4)

If the presiding officer is not present at a meeting of the subcommittee, the members of the subcommittee present must appoint 1 of their number to preside at that meeting.

(5)

Subject to this clause, a subcommittee may determine its own procedures.

Compare: 1989 No 80 Schedule 14 cl 5

6 Delegations

(1)

The Vice-Chancellors Committee may, either generally or specifically, delegate any of its powers under this Act or any other enactment to any of its subcommittees or members, or any member of its staff.

(2)

A delegation—

(a)

must be in writing; and

(b)

is revocable at will in writing; and

(c)

may be made subject to instructions or conditions.

(3)

A subcommittee or person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of that delegation.

(4)

A delegation does not affect or prevent the Vice-Chancellors Committee from exercising any power or affect the Vice-Chancellors Committee’s responsibility for the actions of any subcommittee or person acting under it.

(5)

A delegation continues in force until revoked.

Compare: 1989 No 80 Schedule 14 cl 6

7 Power to borrow money

The Vice-Chancellors Committee may borrow money only for the purposes of any trust of which the Committee is a board member of the trust.

Compare: 1989 No 80 Schedule 14 cl 7

8 Bank accounts

(1)

The Vice-Chancellors Committee may establish, maintain, and operate bank accounts at a registered bank.

(2)

As soon as practicable after receiving any money, the Vice-Chancellors Committee must pay it into one of its bank accounts.

(3)

The Vice-Chancellors Committee must properly authorise every withdrawal and payment of money from any of its bank accounts.

Compare: 1989 No 80 Schedule 14 cl 8

9 Investment

Subject to any other enactment, the Vice-Chancellors Committee may invest any of its money in any manner in which the Treasury may invest public money under section 65I(1) and (2) of the Public Finance Act 1989.

Compare: 1989 No 80 Schedule 14 cl 9

10 Annual report

(1)

As soon as practicable after the end of a financial year, the Vice-Chancellors Committee must give to the Minister a report on its operations for the year.

(2)

The Vice-Chancellors Committee must include in every annual report of the Committee the financial statements and statement of service performance prepared by the Vice-Chancellors Committee, in accordance with sections 153 to 156 of the Crown Entities Act 2004, in respect of the financial year to which the report relates, together with the audit report and the statement of responsibility under section 155 of that Act relating to those financial statements.

(3)

The Minister must present a copy of the report to the House of Representatives in accordance with section 150 of the Crown Entities Act 2004.

Compare: 1989 No 80 Schedule 14 cl 10