section 2 – legislation · 2012-06-12 · section 2 – legislation section 2 includes documents...

Act, By-laws, Ordinances, Rules, Codes, Guidelines, Policies – 7

Calendar, 1998, page 7

University website: www.utas.edu.au/

Section 2 – Legislation

Section 2 includes documents which are relevant tostudents of the University, including the followingcategories of document:• The University of Tasmania Act• The University of Tasmania By-laws• The ordinances of the University• Various rules of the University• Various codes of conduct, guidelines and policies• Rules of prizes, awards, endowments and

scholarships.

Documents which are more particularly relevant to staffof the University may be accessed on the web from theDeputy Vice-Chancellor's Division Homepage: at http://www.admin.utas.edu.au

ContentsArms and motto of the University .................................. 8

Honorary Graduates of the University since 1990 ....... 8

Act ....................................................................................... 9

By-laws .............................................................................. 19

Ordinances ........................................................................ 27

Rules .................................................................................. 71

Codes of Conduct, Guidelines and Policies ................. 85

Course Specifications .................................................... 111

Prizes, Awards and Scholarships ................................ 189

Legislation Index ........................................................... 271

8 University of Tasmania – Calendar, 1998


University of Tasmania Handbooks website: www.admin.utas.edu.au/HANDBOOKS/handbooks.html

Honorary Graduates of the University of Tasmania since 1990Alcorso, Claudio, AM DLitt 1995

Bennett, General Sir Phillip, AC KBE DSO LLD 1992

Bowden, Timothy Gibson, AM, BA DLitt 1997

Challender, Stuart, AO, BMus Melb HonDMus Syd (conferred by ouncil 29/11/91) (deceased) DLitt 1991

Clifford, Robert Frederick, AO DEng 1996

Coaldrake, Maida Stelmar, BA MA PhD DLitt 1997

Conrad, Peter, BA MA Oxf, FRSL DLitt 1993

Courtney, Michael Charles Palliser, AM (conferred by Council 19/9/97) (deceased) DLitt 1997

Dunn, Peter, AO, BSc(Hons) DSc, FRACI CChem LLD 1997

FitzGerald, Professor Stephen Arthur, AO, BA PhD ANU HonDLitt DLitt 1993

Gilbert, Professor Alan David, BA MA ANU DPhil Oxf DLitt 1995

Gough, Athol Vere, AO, BA BEd (deceased) LLD 1992

Green, Professor David Headley, BSc MSc PhD Camb DSc, FAA HonFGSA DLitt 1994

Green, The Hon Sir Guy Stephen Montague, AC KBE, LLB LLD 1996

Hughes, Emeritus Professor Phillip William, AO, BSc DipEd MSc Oxf PhD NE, FACE FACEA MD 1995

Lazenby, Professor Alec, AO, MSc Wales MA PhD ScD Camb HonDRurSc NE, FTS BIBiol LLD 1992

Nicholls, Professor John Graham, FRS DSc 1995

O'Flaherty, Emeritus Professor Coleman Anthony, BE NUI MS PhD IowaState, CEngFIEAust FICE FIHT FCIT FRSA LLD 1994

Tate, Senator the Hon Michael Carter, LLB MA Oxf LLD 1992

Wendell Smith, Professor Colin Peter, MBBS PhD DObst, RCOG FACE FRACOG LLD 1993

Arms and mottoThe University arms were matriculated by the College of Heralds in 1978. They are described, heraldically, as‘Argent a Lion passant Gules armed and Langued Azure holding in the dexter forepaw a Torch enflamed proper ona Chief Gules a Pale Azure fimbriated Or charged with a representation of the constellation of the Southern CrossArgent between two closed Books clasped Or.’

Ingeniis patuit campusThe University’s Latin motto may be translated as ‘the field is open to those with talent’.

Admission requirements are such as to provide opportunities for a wide cross-section of the community to undertakea University course. As a consequence the University’s student population consists of school leavers from Tasmania,interstate and overseas, as well as more mature students whose background has been in TAFE studies or inprofessional work experience.

Students who can demonstrate educational disadvantage are given sympathetic consideration.




UNIVERSITY OF TASMANIA ACT1992

No. 51 of 1992

TABLE OF PROVISIONS

PART 1PRELIMINARY

1. Short title2. Commencement3. Interpretation

PART 2THE UNIVERSITY

Division 1␣– Continuance and incorporation4. Continuance and incorporation of University

Division 2␣– Constitution, functions and powers5. Constitution of the University6. Functions of the University7. Powers of the University

Division 3␣– The Council of the University8. Constitution of the Council9. Role and powers of the Council10. Power of delegation11. Power to confer degrees12. Annual report of the Council

Division 4␣– Academic Senate, Officers and Visitor13. Academic Senate14. Chancellor15. Deputy-Chancellor16. Vice-Chancellor17. Visitor

PART 3ORDINANCES AND BY-LAWS

18. Ordinances and rules19. Specific Ordinance-making powers20. By-laws21. Promulgation of Ordinances, rules and by-laws

PART 4MISCELLANEOUS

22. Indemnification23. Determinations of status24. Savings and transitional provisions25. Savings and transitional regulations26. Certain land to remain vested in University27. Repeal28. Administration of Act

SCHEDULE 1PROVISIONS IN RESPECT OF THE COUNCIL

SCHEDULE 2MATTERS IN RESPECT OF WHICH BY-LAWS MAY

BE MADESCHEDULE 3

LAND VESTED IN UNIVERSITYSCHEDULE 4

SAVINGS AND TRANSITIONAL

UNIVERSITY OFTASMANIA ACT 1992

No. 51 of 1992

AN ACT to consolidate and amend the law relating tothe University of Tasmania

[Royal Assent 10 December 1992]BE it enacted by His Excellency the Governor ofTasmania, by and with the advice and consent of theLegislative Council and House of Assembly, inParliament assembled, as follows:␣–

PART 1PRELIMINARY

Short title1– This Act may be cited as the University of

Tasmania Act 1992.

Commencement2– (1) This Act, except section 8, commences on 1

January 1993.(2) Section 8 commences on 1 July 1993.

Interpretation3– In this Act, unless the contrary intention

appears␣–‘Academic Senate’ means the Academic Senateof the University;‘academic staff’ means␣–(a) the Vice-Chancellor; and(b) the teaching staff of the University; and(c) such research and other staff of the

University as are determined by Ordinanceto be academic staff;

‘Amalgamation Act’ means the Higher Education(Amalgamation) Act 1990;‘body’ includes committee;‘by-law’ means a by-law of the University madeby the Council under section 20 and in forceunder this Act;‘Chancellor’ means the Chancellor theUniversity elected under section 14;‘commencement day’ means 1 January 1993;‘Council’ means the Council of the University;‘Deputy-Chancellor’ means a Deputy-Chancellor of the University elected undersection 15;‘eligible part-time academic staff’ means suchpart-time academic staff as are determined byOrdinance to be eligible to stand for, and vote in,the election referred to in section 8 (1) (j);‘financial year’ means a period of 12 monthsending on 31 December in any year;‘general staff’ means the staff of the Universityother than the academic staff;‘graduate’ means␣–(a) a person upon whom the University, or one

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of the University’s predecessors in law, hasconferred a degree, diploma or certificate; or

(b) any other person who holds an awardspecified, by Ordinance, for the purposes ofthis definition;

‘Ordinance’ means an Ordinance of theUniversity made by the Council under section 18and in force under this Act;‘rule’ means a rule made, and in force, under anOrdinance;‘student’ means a person who is for the timebeing enrolled as a student of the University, butdoes not include a student who has beenexempted from attendance at all classes;‘University’ means the University of Tasmania;‘University land’ means␣–(a) the land vested in the University specified in

Schedule 3; and(b) any other land occupied by the University;‘Vice-Chancellor’ means the Vice-Chancellor ofthe University appointed under section 16.

PART 2THE UNIVERSITY

Division 1␣– Continuance and incorporation

Continuance and incorporation of University4– (1) Notwithstanding the repeal by this Act of

the Amalgamation Act, the Universitycontinues in existence under and subject tothe provision of this Act under the name‘University of Tasmania’.

(2) The University␣–(a) has perpetual succession and a seal; and(b) may sue and be sued in its corporate

name.(3) The seal is to be kept and used only as

authorized by the Council.(4) All courts and persons acting judicially must

take judicial notice of the imprint of the sealon a document and presume that it was dulysealed by the University.

Division 2␣– Constitution, functions and powers

Constitution of the University5– (1) The University consists of␣–

(a) the members of the Council; and(b) the full-time members of the academic

staff; and(c) the members of the eligible part-time

academic staff; and(d) the full-time members of the general

staff; and(e) the graduates; and(f) the students.

(2) Notwithstanding subsection (1), a personreferred to in that subsection may make a

statutory declaration that he or she has aconscientious objection to being a member ofthe University and, on giving the declarationto the Vice-Chancellor, he or she ceases to bea member of the University.

(3) A person who makes a declaration undersubsection (2) does not, by that declaration,prejudice any other position or status whichthat person holds or enjoys␣–(a) by virtue of his or her employment at, or

participation in the affairs of, theUniversity; or

(b) as a student or graduate of theUniversity.

Functions of the University6– The University has the following functions␣–

(a) to advance, transmit and preserveknowledge and learning;

(b) to encourage and undertake research;(c) to promote and sustain teaching and

research to international standards ofexcellence;

(d) to encourage and provide opportunities forstudents and staff to develop and apply theirknowledge and skills;

(e) to provide educational and research facilitiesappropriate to its other functions;

(f) to promote access to higher educationhaving regard to principles of merit andequity;

(g) to engage in activities which promote thesocial, cultural and economic welfare of thecommunity and to make available for thosepurposes the resources of the University.

Powers of the University7– (1) The University has power to do, both in

Tasmania and elsewhere, all thingsnecessary or convenient to be done for or inconnection with the performance of itsfunctions and, in particular, has power␣–(a) to acquire, hold and dispose of real and

personal property; and(b) to form, and participate in the formation

of, companies; and(c) to subscribe for and purchase shares in,

and debentures and other securities of,companies; and

(d) to enter into partnerships; and(e) to participate in joint ventures and

arrangements for the sharing of profits;and

(f) to borrow money; and(g) to do anything incidental to any of its

powers.(2) Notwithstanding subsection (1) (f), the




University is not to exercise its power toborrow money unless it has first obtainedthe written approval of the Treasurer.

Division 3␣– The Council of the University

Constitution of the Council8– (1) The University has a Council consisting of

the following members:␣–(a) the Chancellor;(b) the Vice-Chancellor;(c) the Chairperson of the Academic Senate

or, if the Vice-Chancellor occupies thatoffice, the Deputy-Chairperson of theAcademic Senate;

(d) one person appointed by the Visitor ofthe University;

(e) 2 persons appointed by the Council;(f) 2 persons appointed jointly by the

Minister and the Council;(g) 2 persons appointed by the Minister;(h) one member of the Legislative Council

elected by the Legislative Council;(i) one member of the House of Assembly

elected by the House of Assembly;(j) 5 members of the academic staff, who

are either full-time academic staff oreligible part-time academic staff, electedby the full-time academic staff and theeligible part-time academic staff;

(k) 2 full-time members of the general staffelected by the full-time general staff;

(l) 2 students elected by the students;(m) 3 persons elected by the graduates.

(2) Schedule 1 has effect with regard to themembers, proceedings and activities of theCouncil.

Role and powers of the Council9– (1) The Council is the governing authority of the

University.(2) The Council is to act in all matters

concerning the University in the way itconsiders will best advance the interests ofthe University

(3) The Council has power to do all thingsnecessary or convenient to be done for or inconnection with the performance of itsfunction as the University’s governingauthority and, in particular, has power␣–(a) to appoint persons to positions of

responsibility within the University; and(b) to allocate funds and otherwise

determine the best use of the resourcesof the University.

Power of delegation10– (1) The Council may in writing␣–

(a) delegate to any person or body any of itsfunctions or powers other than thispower of delegation or the power tomake Ordinances; and by-laws and

(b) revoke wholly or partly a delegation.(2) A delegation␣–

(a) may be made either generally or asotherwise provided by the instrument ofdelegation; and

(b) does not prevent the performance orexercise of a function or power by theCouncil.

(3) A function or power performed or exercisedby a delegate has the same effect as ifperformed or exercised by theCouncil.Power to confer degrees

Power to confer degrees11– (1) The Council may confer␣–

(a) degrees, diplomas and certificates afterexamination or other assessment; and

(b) honorary degrees on people who, in theopinion of the Council, are distinguishedvisitors or outstanding scholars or whohave given outstanding service to theCommonwealth, the State or theUniversity.

(2) The power of the Council under subsection(1) (a) includes the power to revoke a degree,diploma or certificate␣–(a) for which the recipient was not

qualified; or(b) that has been conferred by reason of

fraud or dishonesty.

Annual Report of the Council12– (1) The Council is, within 6 months after the end

of each financial year, to␣–(a) present to the Governor an annual

report of the proceedings of theUniversity during that financial year;and

(b) furnish a copy of the report to theMinister.

(2) The report is to contain a full account of theincome and expenditure of the University forthe financial year to which it relates.

(3) The Minister is to cause a copy of the reportto be laid before both Houses of Parliamentwithin the first 10 sitting days of each Houseafter the report is received by the Minister.

Division 4␣– Academic Senate, Officers and Visitor

Academic Senate13– (1) The University has an Academic Senate.

(2) The function of the Academic Senate is toadvise the Council on all academic matters

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relating to the University.(3) Subject to subsection (4), the constitution,

functions, powers and proceedings of theAcademic Senate are as prescribed byOrdinance.

(4) The Academic Senate has a Chairperson anda Deputy-Chairperson.

Chancellor14– (1) The University has a Chancellor elected by

the Council.(2) Subject to subsection (3), the terms and

conditions subject to which a person holdsthe office of Chancellor are as determined bythe Council.

(3) The Council may elect a person to the officeof Chancellor for a term not exceeding 4years and may re-elect a person to thatoffice.

Deputy-Chancellor15– (1) The Council may elect one or more of its

members as Deputy-Chancellors of theUniversity.

(2) Subject to subsections (3) and (4), the termsand conditions subject to which a personholds the office of Deputy-Chancellor are asdetermined by the Council.

(3) The Council may elect a person to the officeof Deputy-Chancellor for a term notexceeding 4 years and may re-elect a personto that office.

(4) A person who has been elected as a Deputy-Chancellor ceases to be a Deputy-Chancellorif he or she ceases to be a member of theCouncil.

Vice-Chancellor16– (1) The University has a Vice-Chancellor

appointed by the Council.(2) The Vice-Chancellor is the chief academic

and executive officer of the University.(3) The terms and conditions subject to which a

person is appointed to the office of Vice-Chancellor are as determined by the Council.

Visitor17– (1) In this section, ‘Governor’ means the

Governor of the State and not the Governoracting with the advice of the ExecutiveCouncil.

(2) The Governor is the Visitor of the University,and has authority, as he or she thinks fit, todo all things pertaining to that office.

(3) The Governor may, in relation to␣–(a) a particular matter concerning the affairs

of the University; or(b) a period of time during which the

Governor will be absent from the state␣–

authorize a person to act as Visitor in his orher place.

(4) A person who is authorized to act as Visitorunder subsection (3) may, to the extent or forthe period of his or her authorization, andsubject to the Governor’s pleasure, do allthings pertaining to the office of Visitor asfully and effectually as if they were beingdone by the Governor.

PART 3ORDINANCES AND BY-LAWS

Ordinances and Rules18– (1) The Council may make Ordinances, not

inconsistent with this Act, prescribing orregulating matters␣–(a) required or permitted by this Act to be

prescribed or regulated by Ordinance; or(b) necessary or convenient to be prescribed

or regulated by Ordinance for givingeffect to this Act.

(2) Subsection (1) does not authorize the makingof an Ordinance for or in relation to a matterreferred to in Part 1 or Schedule 2.

(3) An Ordinance may confer a power on anyperson or body, including the Council, tomake rules, not inconsistent with anyOrdinance of this Act␣–(a) prescribing or regulating any specified

matter on which Ordinances may bemade; or

(b) for carrying out or giving effect toOrdinances.

(4) A rule made under an Ordinance has thesame force and effect as an Ordinance.

(5) An Ordinance or rule has no force or effectto the extent to which it is inconsistent with alaw of the State, but a provision of anOrdinance or rule is not to be taken to beinconsistent with a law of the State if theprovision can be complied with withoutcontravening that law.

(6) An Ordinance or rule may be made subjectto such conditions, or so as to applydifferently according to such factors, as maybe specified in the Ordinance or rule ofaccording to such limitations or restrictions,whether as to time or circumstance orotherwise, as may be so specified.

(7) An Ordinance or rule may authorize anymatter or thing to be from time to timedetermined, applied or regulated by anyperson or body specified in the Ordinance orrule.

(8) An Ordinance may provide for any person




or body specified in the Ordinance to␣–(a) delegate any of that person’s or body’s

functions or powers, other than thepower of delegation or a power to makerules, to any other person or body; and

(b) revoke wholly or partly a delegation.(9) A delegation under subsection (8)␣–

(a) may be made either generally or asotherwise provided in the Ordinance;and

(b) does not prevent the performance orexercise of a function or power by theperson or body authorized by theOrdinance to delegate that function orpower.

(10) A function or power performed or exercisedby a delegate has the same effect as ifperformed or exercised by the person orbody authorized by the Ordinance todelegate that power or function.

(11) An Ordinance or rule is not a statutory rulewithin the meaning of the Rules PublicationAct 1953.

(12) An Ordinance or rule is to be taken to be aregulation within the meaning of the ActsInterpretation Act 1931 except that section 47of that Act does not apply to such anOrdinance or rule.

Specific Ordinance-making powers19– (1) Without limiting the generality of section 18

(1), Ordinances may be made for or inrelation to any of the following matters:␣–(a) the discipline of the University;(b) the method of any of the elections

referred to in section 8 (1) (j), (k), (l) and(m) and the determination of anyquestions raised in relation to theconduct or result of such elections;

(c) the conditions to be satisfied bygraduates before they are eligible to votein the election referred to in section 8 (1)(m);

(d) the establishment of student associationsand graduate associations;

(e) the affiliation of student associations andgraduate associations, whetherincorporated or unincorporated;

(f) the organization, management andmembership of␣–(i) student associations and graduate

associations established byOrdinance; and

(ii) affiliated student associations andgraduate associations;

(g) the merger and dissolution of␣–

(i) student associations and graduateassociations established byOrdinance; and

(ii) affiliated student associations andgraduate associations.

(2) Notwithstanding section 8 (1) (l), the Councilmay by Ordinance determine that for thepurposes of that section a student who holdsa specified elective office in a specifiedstudent association is to be taken to havebeen elected as a member of the Councilunder that section.

(3) An Ordinance made under subjection (1) (a),or a rule made under any such Ordinance,may provide for the enforcement of theOrdinance or rule and, in particular, mayprovide for the imposition and payment tothe University of a penalty not exceeding 5penalty units for a specified breach of theOrdinance or rule.

(4) If a penalty imposed on a person for aspecified breach of a provision of anOrdinance or rule referred to in subsection(1) (a) remains unpaid at the expiration ofthe period of time specified in the Ordinanceor rule for its payment, the amount of thepenalty may be recovered by the University,as a debt due to the University, in a court ofcompetent jurisdiction.

(5) A provision of an Ordinance made undersubsection (1) (f) or (g), or a provision of arule made under any such Ordinance,prevails, to the extent of any inconsistency,over a provision of any rule of the studentassociation or graduate association to whichthe Ordinance applies.

(6) The Council’s powers under subsection (1)(f) includes the power to make an Ordinancemodifying or restricting the power of astudent association or graduate associationto make, amend or repeal the rules of theassociation.

(7) In its application to a student association orgraduate association that is incorporatedunder the Associations Incorporation Act 1964,this section has effect notwithstanding theprovisions of that Act.

By-laws20– (1) The Council may make by-laws, not

inconsistent with this Act, for or in relationto the management and control of Universityland.

(2) Without limiting the generality of subsection(1), by-laws may be made as provided bySchedule 2.

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(3) A by-law has no force or effect to the extentto which it is inconsistent with a law of theState, but a provision of a by-law is not to betaken to be inconsistent with a law of theState if the provision can be complied withwithout contravening that law.

(4) A by-law may incorporate or adopt, eitherspecifically or by reference and with orwithout modification, a provision of a law ofthe State relating to vehicles or traffic,including a law relating to the parking orstanding of vehicles.

(5) A by-law is, except to the extent that it mayprovide otherwise, to be taken to apply topersons whether or not those persons haveany connection with the University.

(6) A by-law may be made subject to suchconditions, or so as to apply differentlyaccording to such factors, as may bespecified in the by-law or according to suchlimitations or restrictions, whether as to timeor circumstance or otherwise as may be sospecified.

(7) A by-law may authorize any matter or thingto be from time to time determined, appliedor regulated by any person or body specifiedin the by-law.

(8) Any fees paid to or recovered by theUniversity under a by-law are to be appliedfor the general purposes of this Act.

(9) A by-law is not a statutory rule within themeaning of the Rules Publication Act 1953.

Promulgation of Ordinances, rules and by-laws21– The Council is to␣–

(a) publish the Ordinances, rules and by-laws,in consolidated form, at least once in eachcalendar year; and

(b) ensure that the Ordinances, rules and by-laws are made known to, and may be readilyinspected free of charge at reasonable timesand places by, the staff and students of theUniversity; and

(c) ensure that the Ordinances, rules and by-laws may be inspected, free of charge atreasonable times and places, by members ofthe public; and

(d) ensure that the published Ordinances, rulesand by-laws may be purchased at reasonablecost, by any person.

PART 4MISCELLANEOUS

Indemnification22– The University is to indemnify each person who

does or purports to do, or omits or purports toomit to do, any act or thing in good faith underthe direction of the University or the Council orotherwise for the purpose of administering orexecuting this Act against any action, liability,claim or demand in respect of that act oromission.

Determination of status23– If a question arises as to whether a person is␣–

(a) a member of the academic staff, a member ofthe general staff, a student or a graduate; or

(b) engaged in a full-time, part-time, permanentor temporary capacity␣–

that question is to be determined by the Council.

Savings and transitional provisions24– The savings and transitional provisions set out in

Schedule 4 have effect.

Savings and transitional regulations25– (1) The Governor may, on the recommendation

of the Council, make regulations containingprovisions of a savings or transitional natureconsequent upon the enactment of this Act.

(2) A provision referred to in subsection (1)may, if the regulations so provide, take effectfrom the commencement day or a later day.

Certain land to remain vested in the University26– Notwithstanding the repeal by this Act of the

Amalgamation Act, the land specified inSchedule 3 remains vested in the University butfree from any restrictions as to the power of theUniversity to sell, mortgage or otherwise disposeof that land that may, but for this clause, restrictthe power of the University in respect of thatland.

Repeal27– The Amalgamation Act is repealed.

Administration of Act28– Until provision is made in relation to this Act by

order under section 4 of the AdministrativeArrangements Act 1990 -(a) the administration of this Act is assigned to

the Minister for Education and the Arts; and(b) the Department responsible to the Minister

for Education and the Arts is the Departmentof Education and the Arts.




SCHEDULE 1

Section 8 (2)PROVISIONS IN RESPECT OF THE COUNCIL

Terms of Office1– (1) Subject to clauses 2 and 3, a person who is

elected or appointed as a member of theCouncil holds office for term of␣–(a) one year in the case of a member elected

under section 8 (1) (l), or(b) 2 years in the case of a member elected

under section 8 (1) (j) or (k); or(c) 4 years in any other case.

(2) A person is, if otherwise qualified, eligible tobe elected or appointed as a member of theCouncil for successive terms of office.

(3) If the office of an elected or appointedmember of the Council becomes vacant otherthan by effluxion of time, a person may beelected or appointed to that office for theremainder of the term of office of the personoriginally elected or appointed to that office.

Vacation and termination of office2– (1) A member of the Council is taken to have

vacated office␣–(a) when the member dies; or(b) if the member is absent, except on leave

of absence granted by the Council, from3 consecutive meetings of the Council; or

(c) if the member resigns office by givingthe Vice-Chancellor written notice ofresignation; or

(d) if the member is dismissed from officeby the Visitor under subclause (2).

(2) The Visitor may, on the recommendation ofthe Council, dismiss an elected or appointedmember of the Council who is physically ormentally incapable of discharging theobligations of a member of the Council.

Certain members ineligible to remain on Council onloss of status3– A member of the Council who is elected under

section 8 (1) (h), (i), (j), (k) or (l) is taken to havevacated office if␣–(a) in the case of the member elected under

section 8 (1) (h) - he or she ceases to be amember of the Legislative Council; or

(b) in the case of the member elected undersection 8 (1) (i) - he or she ceases to be amember of the House of Assembly; or

(c) in the case of a member elected undersection 8 (1) (j) - he or she ceases to be amember of the academic staff; or

(d) in the case of a member elected undersection 8 (1) (k) - he or she ceases to be a full-time member of the general staff; or

(e) in the case of a member elected undersection 8 (1) (l) - he or she ceases to be a

student.Disclosure of interest4– (1) A member of the Council who has a direct or

indirect pecuniary interest in a matter beingconsidered or about to be considered by theCouncil must, as soon as possible after therelevant facts come to the knowledge of themember, disclose the nature of that interestat a meeting of the Council.

(2) A disclosure under subclause (1) is to berecorded in the minutes of the meeting of theCouncil and the member must not, unlessthe Council otherwise determines␣–(a) be present during any deliberation of the

Council in relation to that matter; or(b) take part in any decision of the Council

in relation to that matter.Meetings of the Council5– The Council is to determine the procedure for

calling and conducting its meetings.Validity of acts and proceedings of Council6– (1) An act or proceeding of the Council, or of

any person acting pursuant to a direction ofthe Council, is not invalidated or prejudicedby reason only of the fact that, at the timewhen the act or proceeding was done, takenor commenced, there was a vacancy in themembership of the Council.

(2) All acts and proceedings of the Council, or ofany person acting pursuant to a direction ofthe Council, are, notwithstanding thesubsequent discovery of any defect in theappointment or election of a member of theCouncil or that a person was disqualifiedfrom acting as, or incapable of being, amember of the Council, as valid as if themember had been duly elected or appointedand was qualified to act, or capable of being,a member, and as if the Council had beenfully constituted.

Presumptions7– In any proceedings␣–

(a) unless evidence is given to the contrary, noproof is to be required of␣–(i) the constitution of the Council; or(ii) the election or appointment of any

member of the Council; or(iii) the presence of a quorum at any meeting

of the Council; and(b) the production of a certificate purporting to

be signed by the Vice-Chancellor stating thata matter specified in the certificate wasresolved or determined by the Council onthe day specified in the certificate is evidencethat the matter so specified was resolved ordetermined by the Council on the day sospecified.

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SCHEDULE 2

Section 20

MATTERS IN RESPECT OF WHICH BY-LAWS MAYBE MADE

PART 1TRAFFIC BY-LAWS

1– By-laws made under section 20 may␣–(a) regulate access by vehicles to University

land or to any part of University land; and(b) regulate vehicular traffic on University land

and, in particular, authorize and provide forthe effect of signs, traffic lights, markings,roundabouts, traffic islands, speed humps,gates, posts and other traffic control devices;and

(c) regulate the parking and standing of vehicleson University land and, in particular,authorize and provide for the effect of signs,markings, parking permits, reserved andrestricted parking spaces and other parkingcontrol matters; and

(d) provide for the imposition and collection bythe University of charges for the parking orstanding of vehicles on University land andfor the erection, management and protectionof parking meters and voucher machines forthe purpose of those charges; and

(e) regulate pedestrian traffic on Universityland; and

(f) authorize the removal from University landor from places on University land of vehiclesthat␣–(i) have been parked or left standing in

contravention of a by-law; or(ii) appear to have been abandoned; and

(g) in respect of vehicles the removal of which isauthorized by a by-law made underparagraph (f) -(i) authorize the impounding of a vehicle so

removed; and(ii) set out the conditions to be observed

before a vehicle so impounded isreleased, including a condition forpayment of a specified amount to theUniversity to secure the release of thevehicle; and

(iii) authorize the disposal or destruction of avehicle so impounded if the owner fails,after being given a reasonableopportunity to do so, to claim thevehicle and to pay any amount payableto secure the release of the vehicle; and

(h) provide, in relation to an alleged offenceagainst a by-law relating to the parking orstanding of vehicles, that in the absence ofproof as to the identity of the person who infact committed the alleged offence the owner

of the vehicle at the relevant time may betaken to have committed the alleged offencewhether or not the owner of the vehicle infact committed the alleged offence; and

(i) determine, in relation to an alleged offenceagainst a by-law relating to vehicles, theperson who is to be taken to be the owner ofthe vehicle at the time of the alleged offence;and

(j) enable a person who is alleged to havecommitted an offence against a by-lawrelating to the parking or standing ofvehicles to pay to the University a specifiedpenalty, not exceeding 2 penalty units, as analternative to undergoing prosecution; and

(k) provide for the punishment, on summaryconviction, by a fine not exceeding 5 penaltyunits, of offences against a by-law dealingwith a matter referred to in this Part; and

(l) prescribe the duties and powers of personsappointed by the Council to administer by-laws dealing with matters referred to in thisPart; and

(m) prescribe matters ancillary or incidental tomatters referred to in this Part.

PART 2GENERAL BY-LAWS

2– By-laws made under section 20 may also␣–(a) provide for the safety and preservation of

property, including public property, onUniversity land; and

(b) provide for the removal from Universityland of any person or thing causing anydanger, annoyance or inconvenience topersons lawfully on University land; and

(c) prohibit the bringing onto University land ofany prescribed matter or thing; and

(d) provide for the removal from Universityland of animals; and

(e) prohibit prescribed persons entering orremaining on any part of University land;and

(f) enable a person who is alleged to havecommitted an offence against a by-law topay to the University a specified penalty, notexceeding 2 penalty units, as an alternativeto undergoing prosecution; and

(g) provide for the punishment, on summaryconviction, by a fine not exceeding 5 penaltyunits, of offences against a by-law dealingwith a matter referred to in this Part; and

(h) prescribe the duties and powers of personsappointed by the Council to administer by-laws dealing with matters referred to in thisPart; and

(i) prescribe matters ancillary or incidental tomatters referred to in this Part.




SCHEDULE 3

Sections 3 and 26

LAND VESTED IN UNIVERSITYPART 1

CITY OF HOBART251a. 2r. 18 2/10p. excluding an area reserved for highlevel road and an area reserved for widening of EarlStreet.Commencing at the intersection of Sandy Bay Road andEarl Street and bounded on the south-east by 21 chains14 4/10 links south-westerly in two bearings along EarlStreet aforesaid on the south-west by 1 5/10 linksnorth-westerly along portion of 52a. 2r. 0p. grant toDavid Lord again on the south-east by 59 chains 35 1/10 links south-westerly in two bearings again alongportion of 52a. 2r. 0p. aforesaid along portion of 167a.2r. 0p. granted to David Lord along portion of 66a. 1r.10p. granted to Octavius Lord along a reserved roadand again along portion of 66a. 1r. 10p. granted toOctavius Lord along a reserved road and again alongportion of 66a. 1r. 10p. aforesaid again on the south-west by 2 chains 56 8/10 links north-westerly along507a. 0r. 0p. granted to Robert L. Murray again on thesouth-east by 42 chains 14 5/10 links south-westerly inseveral bearings again along 507a. 0r. 0p. aforesaid toProctors Road on the west and again on the south-westby 4 chains 40 8/10 links northerly and north-westerlyin two bearings along that road on the north-west by 13chains 90 7/10 links north-easterly along portion of633a. 0r. 0p. granted to Robert L. Murray again on thesouth-west by 21 chains 42 links north-westerly againalong portion of that land again on the north-west by 18chains 15 9/10 links north-easterly again long portionof that land again on the south-west by 4 chains 98 2/10links north-westerly again along portion of that land toProctors Road aforesaid again on the west by 4 chains40 2/10 links northerly along that road on the north-east by 8 chains 47 6/10 links south-easterly againalong portion of 633a. 0r. 0p. aforesaid again on thenorth-west by 18 chains 44 links north-easterly againalong portion of that land again on the south-west by 9chains 45 8/10 links north-westerly in two bearingsalong 633a. 0r. 0p. aforesaid along Bain Avenue andagain along 633a. 0r. 0p. aforesaid to Proctors Roadaforesaid again on the north-west by 3 chains 11 linksnorth-easterly along that road again on the north-westby 31 chains 37 7/10 links north-easterly in twobearings again along portion of 167a. 2r. 0p. aforesaidand along portion 65a. 2r. 0p. granted to David Lordagain on the south-west by 56 4/10 links north-westerlyagain along portion of that land to Alexander Streetagain on the north-west by 25 chains 54 4/10 linksnorth-easterly in two bearings along that street againalong portion of 65a. 2r. 0p. aforesaid along Grace Streetand again along portion of 65a. 2r. 0p. aforesaid toSandy Bay Road aforesaid and thence again on the

north-east by 8 chains 9 7/10 links south-easterly inseveral bearings along that road to the point ofcommencement as the same is shown on plan 151Hobart and volume 186 Roads, folio 4, filed andregistered in the office of the Surveyor-General andSecretary for Lands, at Hobart. Subject to the SewerageEasements in favour of the Lord Mayor Aldermen andCitizens of the City of Hobart as more particularlydescribed in proclamations in the gazettes of theCommonwealth of Australia dated the 8th day of May1919 and the 15th day of July 1920 respectively and asshown on the said plan 151 Hobart.

PART 2CITY OF HOBART

1R.7 3/10PAll that area of land containing 1 rood 7 3/10 perchesmore particularly described in Certificate of TitleVolume 1050 Folio 82 in the name of Her Majesty,together with and subject to such rights of carriagewayas are described in that Certificate of Title.

SCHEDULE 4

Sections 24

SAVINGS AND TRANSITIONAL

PART 1GENERAL PROVISIONS

Chancellor1– The person who was, immediately before the

commencement day, Chancellor of theUniversity under the Amalgamation Act isChancellor of the University under this Act as ifthat person had been elected under section 14except that the person’s term as Chancellorexpires on the same day as it would have expiredhad this Act not been enacted.

Deputy-Chancellor2– A person who was, immediately before the

commencement day, a Deputy-Chancellor of theUniversity under the Amalgamation Act is aDeputy-Chancellor of the University under thisAct as if that person had been elected undersection 15 except that the person’s term asDeputy-Chancellor expires on the same date as itwould have expired had this Act not beenenacted.

Vice-Chancellor3– The person who was, immediately before the

commencement day, Vice-Chancellor of theUniversity under the Amalgamation Act is Vice-Chancellor of the University under this Act as ifthat person had been appointed under section 16except that the person’s term as Vice-Chancellorexpires on the same day as it would have expiredhad this Act not been enacted.

act




Ordinances, rules and by-laws4– (1) In this clause␣–

‘Ordinances’ includes the regulations andstatutes that were continued in force bysections 17 and 25 of the Amalgamation Actrespectively, as if they were Ordinancesmade under section 43 of that Act;‘rules’ includes the rules, made understatutes, that were continued in force bysection 25 of the Amalgamation Act as ifthey were rules made under section 43 ofthat Act.

(2) Notwithstanding the repeal by this Act ofthe Amalgamation Act but subject tosubclauses (3) and (4), Ordinances, rules andby-laws in force under that Act immediatelybefore the commencement of this Actcontinue in force as if they were Ordinances,rules and by-laws made under Part 3, andmay be amended or repealed accordingly.

(3) The Ordinances, rules and by-laws referredto in subclause (2) are to be read as ifreferences in them to the University or theCouncil were references to the University orthe Council within the meaning of this Act.

(4) The Ordinances, rules and by-laws referredto in subclause (2) apply only in relation tothose persons, lands and matters in respectof which the University could have madeOrdinances, rules and by-laws if this Act hadnot been enacted.

(5) Nothing in this clause restricts the right ofthe Council to make Ordinances, rules or by-laws under Part 3 that apply to the persons,lands or matters referred to in subclause (4).

PART 2TRANSITIONAL PROVISIONS IN RESPECT OF THE

COUNCIL

Interpretation5– In this Part, unless the contrary intention

appears␣–‘Transitional Council’ means the Councilestablished under section 6 of the AmalgamationAct;‘transitional period’ means the periodcommencing on 1 January 1993 and ending on 30June 1993.

Transitional Council to continue in existence for acertain period6– (1) Notwithstanding the repeal by this Act of

the Amalgamation Act␣–

(a) the Transitional Council continues inexistence for the duration of thetransitional period; and

(b) the persons who were members of theTransitional Council immediately beforethe commencement day continue asmembers of the Transitional Council forthe duration of the transitional period;and

(c) if the office of a member of theTransitional Council referred to insection 6 (1) (c), (d) (ii) or (e) of theAmalgamation Act becomes vacantduring the transitional period a personmay be nominated or appointed to thatoffice, in accordance with section 6 of theAmalgamation Act, for the remainder ofthe transitional period.

Functions and powers of the Transitional Council7– (1) The Transitional Council␣–

(a) may exercise the functions and powersof the Council as fully and effectually asif it were the Council and as if section 8of this Act had commenced on thecommencement day; and

(b) in particular, is to make all necessaryOrdinances and arrangements to ensurethat the Council is duly establishedunder section 8 on 1 July 1993.

(2) An Ordinance or by-law made by theTransitional Council and in forceimmediately before the expiration of thetransitional period continues to have effectafter that expiration as if it were anOrdinance or by-law made by the Council.

(3) Subclause (2) applies to any rules madeunder an Ordinance made by theTransitional Council.

Provisions of Act apply to Transitional Council8– The provisions of this Act apply to the

Transitional Council and its members, with anynecessary modification, as if it were the Counciland as if section 8 of this Act had commenced onthe commencement day.

Members eligibility for Council9– A person who is an appointed or nominated

member of the Transitional Council is, ifotherwise qualified, eligible to be elected orappointed to the Council.




UNIVERSITY OFTASMANIA BY-LAWS

The text of these By-laws has been amended inaccordance with the University Amendment By-law 1994,the University Amendment By-law 1995, the By-lawProhibition of Skateboarding and Rollerblading (1996), theBy-law Prohibition of Smoking (1997), and By-Law 6.Amendment to Clause 16 of the University By-Laws 1993(Parking fines)

Part I – PreliminaryShort title1 The By-laws may be cited as the University By-

laws 1993.

Rescission of former By-laws2 The University By-Laws 1961 (Statutory Rules

1961, No 206) as amended are rescinded.

Interpretation3 In these By-laws, unless the contrary intention

appears␣–‘adult person’ means a person who is of or overthe age of 18 years;‘the Act’ means the University of Tasmania Act1992;‘approved’ means approved by the Council’;‘authorised officer’ when used in relation to anypower, right or other matter, means an officer ofthe University or other person authorised in thatbehalf under paragraph 19(1);‘carriageway’ means that portion of a road, way,or track upon university land that is ordinarilyused by vehicular traffic;‘controlled carpark’ means a carpark in respectof which a resolution under paragraph 12(1) is inforce;‘drive’ includes ‘ride’ ;‘footpath’ means that portion of a road, way, ortrack upon university land that is set apart foruse by pedestrians and habitually used bypedestrians and not by vehicular traffic;‘liquor’ has the meaning attributed to it bysection 3 of the Liquor and Accommodation Act1990;‘metered space’ means a parking space in acontrolled carpark;‘owner’ in relation to a vehicle means␣–(a) the person who is registered as the owner of

that vehicle under the Traffic Act 1925 orunder a law of another state or a territory ofthe Commonwealth making provisions forthe registration of motor vehicles; or

(b) if (a) does not apply, the person who is theholder of a temporary permit issued underregulation of the type referred to in section

UNIVERSITY OF TASMANIA BY-LAWS

University of Tasmania ActCouncil may make by-laws 12, 13general by-laws 16traffic by-laws 16

University of Tasmania by-lawsauthorised officers 26commencement 26delegation of powers by Council 26driving on University land 21impounding vehicles 25interpretation 19offences 20offences against 26parking 23parking on University land 22, 23penalties 24, 26places for sport and recreation 20powers of authorised officers 26provisions relating to liquor 20removing vehicles 25requirement to state name and address 24rescission of former by-laws 19voucher parking 24

Index

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10(3) of the Traffic Act 1925 in respect of thatvehicle; or

(c) if either (a) or (b) applies, the person who isthe holder of a permit of the type referred toin section 10A(2) of the Traffic Act 1925 inrespect of that vehicle; and

(d) in any case, a person who has any propertyin the vehicle (other than as the holder of asecurity interest as that term is defined insection 3 of the Motor Vehicles Securities Act1984 ) or who is in charge of, or who has theuse of that vehicle;

‘park’, in relation to a vehicle, means to stop thevehicle or allow it to remain in a place where thedriver or person in charge of the vehicle intendsit to remain stationary, otherwise than␣–(a) because the stopping of traffic prevents

movement, or(b) so long only as is required to set down or

take up passengers or goods withoutwaiting;

‘parking offence’ means a breach of these By-laws relating to the parking of vehicles;‘parking place’ means a permitted area or a partof university land where the holder of a parkingpermit is authorised to park;‘parking permit’ means a permit issued and inforce under paragraph 11;‘permitted area’ means an area where theparking of vehicles is permitted by a signerected, or a marking made, pursuant toparagraph 9(1);‘University land’ has the meaning attributed to itby the Act;‘vehicle’ includes any description of vehicleupon wheels, and any truck, barrow, or similarvehicle;‘voucher’ means a voucher issued by a vouchermachine;‘voucher machine’ means a machine installed inor adjacent to a controlled carpark for thepurpose of issuing vouchers.

Part II – General provisions relating tothe management of University land

Provisions relating to liquor4 (1) No person shall distribute or consume any

liquor on University land except␣–(a) where a licence or permit is required

under the Liquor and Accommodation Act1990, in accordance with such a licenceor permit;

(b) where such a licence or permit is notrequired, in accordance with a permitgranted by the Vice-Chancellor or by a

person authorised by the Vice-Chancellor to issue such permits.

(2) A permit␣–(a) may be granted subject to such terms

and conditions as the Vice-Chancellorthinks fit to impose; and

(b) may be altered or revoked at any time.(3) The Vice-Chancellor shall cause written

notice of any alteration or revocation of apermit made pursuant to subparagraph (1)to be given to the holder of the permit byhanding it to the holder or by forwarding itby prepaid post or by leaving it at theholder’s usual or last-known place ofresidence or business.

(4) An authorised officer may order the removalfrom University land of any liquor broughtonto, or being distributed or consumed onUniversity land in contravention of thisclause.

Places for sport and recreation5 (1) Subject to this paragraph, the Council may

set apart places on University land for sportand recreation, on such terms and conditionsas Council may determine.

(2) No person shall use a place set apart for anysport or recreation under this paragraphexcept in accordance with any terms andconditions applying thereto determined byCouncil.

Offences6 (1) No person shall on any part of University

land, except in the course of duty or with thepermission of an authorised officer␣–(a) affix or cause to be affixed to any tree,

shrub, or hedge any placard, handbill,advertisement, or other written orpictorial matter;

(b) distribute, hand out, put or leave in aplace for collection any placard,handbill, advertisement, or other writtenor pictorial matter;

(c) kindle or make a fire, except in afireplace provided for the purpose;

(d) cut, break, deface, pick, remove, destroy,or injure any tree, shrub, hedge, plant,flower, or like vegetation;

(e) remove, damage, injure, or interferewith a stake or label on or near any tree,shrub, hedge, plant, flower, or othervegetation;

(f) step or walk on or over or cause damageto a bed or border containing or beingprepared for flowers, shrubs, or othervegetation;




(g) bathe, wade, or wash in any pond orother ornamental water or use adrinking fountain for any purpose otherthan drinking

(h) enter upon any other part of Universityland which is enclosed, whethertemporarily or not, and on which isaffixed a notice prohibiting entrythereon;

(i) disturb, frighten, shoot, or throwmissiles at any bird or other animal, orany fish or other animal in any pond orother ornamental water;

(j) remove from University land, or fromany part of that land, to any other part,any article or thing being the property ofthe University, whether fixed ormovable;

(k) injure, deface, damage, or destroy, eitherwholly or in part, any buildings,structure, fence, notice-board, orconstruction of whatsoever kind ornature and whether permanent ortemporary, standing or being onUniversity land.

(2) No person shall, on University land␣–(a) being a male, enter or loiter near any

part of that land set aside for the use offemales only;

(b) being a female, enter or loiter near anypart of that land set aside for the use ofmales only;

(c) throw, deposit, or leave on the groundor elsewhere any paper, bottle, glass(whether broken or not), litter, or refuseof any kind, except in such receptacles asare provided for the purpose; or

(d) sell, offer, or expose for sale, lease, hire,or solicit orders for the purchase, leaseor hire of any goods, wares,merchandise, or other articles or thingsother than in the course of businesstransactions that are customary in theUniversity;

(e) use abusive or insulting language in thehearing of another person; or

(f) do or commit any offensive or indecentact, conduct, or behaviour.

(3) Subparagraph (1) (b) does not apply to theposting of notices on notice-boards providedfor such purposes or to the distribution ofplacards, handbills, advertisements or otherwritten or pictorial matter in the course oflawful and customary student activities.

(4) A person shall not, without reasonable

cause, walk on a carriageway where afootpath is available.

(5) Subject to the provisions of the Guide DogsAct 1967, an authorised officer may direct aperson to remove from the University landany dog or other domestic animal owned byor in the possession, care or control of thatperson.

(6) A person who is given a direction pursuantto subparagraph (5) shall comply with theterms thereof and shall not thereafter permitsuch a dog or other domestic animal to be onUniversity land.

(7) A person must not use a skateboard orrollerblades on University land other than inthe course of a special event, approved bythe Director of Property, in the areadesignated for that event by the Director inapproving the event.

(8) A person must not smoke in any buildingoccupied by the University, with thefollowing exceptions:(a) On the Newnham campus, the areas that

the Student Association is licensed tooperate as bar areas, but only duringapproved trading hours; and

(b) On the Sandy Bay campus␣–• the area that the Tasmanian

University Union is licensed tooperate as a bar, but only duringapproved trading hours; and

• the ‘conservatory’ area of the lowerrefectory that is designated as asmoking area

• the buildings comprised in theresidential college called ChristCollege.

Part III – Regulation and control ofroadways and the parking of vehicles

Driving on University Land7 The Council may cause signs to be erected or

markings to be made indicating the direction oftraffic and speed limits for particularcarriageways or areas, within University land.

8 (1) Subject to this paragraph, no person shalldrive or impel a vehicle on any part ofUniversity land that is not a roadway or aparking place except where and in so far as itis necessary in the course of duty to do so forthe purpose of building, maintenance, orsimilar work on University land.

(2) No person shall drive a motor cycle or ride abicycle on University land except on aroadway that has been approved by the

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Council for the purpose.(3) All traffic upon University land may, at such

time or times as the Vice-Chancellor maydetermine, be directed and controlled by apolice officer or authorised officer, who maygive such orders as are necessary in relationto the movement or control of that traffic.

(4) A person to whom any police officer orauthorised officer, gives an order undersubparagraph (3) shall comply in all respectswith that order.

(5) No person shall drive a vehicle or animal on,over, or across the intersection or junction ofany roadway in or across University land orany part of that land when signalled to stopby a police officer, or an authorised officer,of the University.

(6) A person shall not drive a vehicle␣–(a) on any part of University land where a

speed limit is indicated as applying tothat part by means of a sign or marking,at a speed exceeding the speed soindicated.

(b) on any other part of University land at aspeed exceeding 40 kilometres an hour.

(7) A person shall not park or leave a vehicle onUniversity land in such manner as toobstruct the passage of another vehicle or apedestrian.

(8) A person shall not, on a carriageway, drive avehicle backwards␣–(a) without taking reasonable and proper

precautions to avoid a collision;(b) unless the relevant portion of the

carriageway is clear of other traffic andpersons;

(c) for a distance greater than is reasonablein the circumstances; or

(d) in or across any intersection or junctionor around a corner except in the case ofan emergency.

(9) On any part of University land where thedirection of travel is indicated as applying tothat part by means of a sign or marking, aperson shall not drive a vehicle or ride abicycle in a direction other than that soindicated.

(10) A person shall not drive a vehicle or ride abicycle on University land without due careand attention or without reasonableconsideration for other persons in thevicinity.

(11) A person shall not drive a vehicle on afootpath on University land other than at apoint (if any) where provision has been

made for a vehicle to cross the footpath andthen only to cross it.

(12) A person shall not, on University land,sound a horn or other similar appliance,whether attached to a vehicle or not, otherthan in an emergency and as is reasonablynecessary to prevent injury to persons orproperty.

(13) When two or more vehicles are approachingthe same place on University land in such amanner, on such a course, or at such a speed,that if those vehicles continued in thatmanner, on that course, or at that speed, asthe case may be, they might collide or createa dangerous situation, the driver of a vehicle,who has any other vehicle on his or herright, shall slow down and allow that vehicleto proceed.

(14) The driver of␣–(a) a fire engine or like vehicle proceeding

to a fire;(b) an ambulance which is being used for

ambulance work; or(c) a vehicle which is being used by a police

officer for the purpose of effecting anarrest or otherwise in connection withthe detection, suppression, or preventionof offences against the law␣–

is exempt from the provisions of thisparagraph except subparagraph (10).

Parking of vehicles on areas of University land whereparking permits are not required9 (1) The Council may cause␣–

(a) signs to be erected or markings to bemade on University land designatingareas where the parking of vehicles ispermitted, or permitted only by certainpersons or classes of persons, or wherevehicles may be parked or left only forcertain periods of time, as indicated bythose signs or markings;

(b) markings to be made on any groundwithin University land marking out ordesignating areas where individualvehicles may be parked; and

(2) Where a sign erected, or a marking made,pursuant to subparagraph (1) (a) is the sameas a road sign, or marking referred to in theTraffic (General and Local) Regulations 1956,that first-mentioned sign or marking has themeaning and effect attributed to that roadsign or marking in those regulations.

(3) An owner or a driver of a vehicle shall notpark or leave that vehicle or cause or permitthat vehicle to be parked or left or to




remain␣–(a) in a place within University land which

is not designated or marked out as apermitted area unless authorised orpermitted to do so by these By-laws;

(b) in a place within a permitted area whichis designated or marked out as apermitted area for the parking ofvehicles by certain persons or classes ofpersons, if that owner or driver is notsuch a person or does not belong to sucha class of persons;

(c) in a place within a permitted area for alonger period of time than the perioddesignated or marked out by a sign ormarking as the maximum for whichvehicles may be parked or left in thatarea;

(d) subject to subparagraph (5), in a placewithin a permitted area so that thevehicle stands across a line designatingor marking out a parking space; or

(e) partly in a permitted area which isdesignated or marked out as a parkingspace and any space which is alreadyoccupied by another vehicle.

(4) A person who moves, removes, defaces,obscures, or damages a sign erected, or amarking made, on University land pursuantto subparagraph (1) is guilty of an offenceagainst these By-laws.

(5) Where a parking space is designated ormarked out to provide for the ranking ofvehicles and where the length of the vehicleexceeds the length of that space, a personmay rank a vehicle in that space if themaximum amount of that space is fullyutilised.

Parking of vehicles on parts of University land whereparking permits are required10 (1) The Council may determine the persons or

classes of persons who may be issued withpermits to park vehicles on those parts ofUniversity land set aside undersubparagraph (2).

(2) The Council may␣–(a) set aside parts of University land on

which the parking of vehicles isrestricted to persons or classes ofpersons determined by the Councilunder subparagraph (1); and

(b) cause signs to be erected, or markings tobe made, on those parts of Universityland so set aside designating them ormarking them out as parts of that land

on which the parking of vehicles isrestricted to persons or classes ofpersons so determined.

(3) A person shall not park on a part ofUniversity land set aside by the Councilunder subparagraph (2) (a) unless thatperson is the holder of a parking permit.

Parking Permits11 (1) The Council may cause to be issued to a

person to whom, or a person belonging to aclass of persons to which, a determinationunder paragraph 10 applies, a parkingpermit authorising that person to park on apart of the University land set aside by theCouncil under paragraph 10(2) (a).

(2) Where a parking permit is issued to aperson, the Council may␣–(a) require that person to pay to the

University a fee, not exceeding anamount determined by the Council fromtime to time, for the period for which theparking permit is intended to beoperative;

(b) if it requires that person to pay a fee asmentioned in subparagraph 2 (a), acceptpayment of the fee by instalments ofsuch amount as the Council determines;and

(c) if it requires that person to pay such afee, determine what part of that fee, ifany, should be refunded if the permit issurrendered by that person or iscancelled.

(3) A parking permit␣–(a) authorises the holder of a permit to park

on a part of University land referred toin subparagraph (1) that is specified inthe permit; and

(b) is subject to such conditions as theCouncil thinks fit and as are specified inthe parking permit or otherwise notifiedto the holder of the parking permit.

(4) The holder of a parking permit is guilty of anoffence against these By-laws if that holdercontravenes, or fails to comply with, acondition to which the parking permit issubject.

(5) The Council may, at any time, cancel aparking permit.

(6) Where, pursuant to subparagraph (5), theCouncil cancels a parking permit, theCouncil shall give notice in writing to theholder that such cancellation shall take effecton the date specified in the notice, but notearlier than seven days after the day on

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which the notice is served.(7) A person on whom a notice under

subparagraph (6) is served shall, before thedate on which the cancellation of the parkingpermit is to take effect, as specified in thenotice, surrender the permit to theUniversity.

(8) A person to whom subparagraph (7) applieswho fails without reasonable excuse tocomply with that sub-clause is guilty of anoffence against these By-laws.

Voucher Parking12 (1) The Council may resolve that the parking of

vehicles in all or any part of a carpark onUniversity land be controlled, between thehours specified by the Council, by the issueof vouchers.

(2) A person shall not park a vehicle in acontrolled carpark except in a metered space.

(3) A person shall not park a vehicle in ametered space unless authorised to do so bya voucher displayed on that vehicle.

(4) For the purposes of subparagraph (3), avoucher authorises the person to whom it isissued to park a vehicle in a metered spaceuntil the time specified in the voucher.

(5) A person who parks a vehicle as authorisedby the provisions of this clause shall notpermit that vehicle to remain parked for aperiod in excess of that authorised by avoucher displayed on that vehicle.

(6) For the purposes of subparagraph (5), avoucher shall be taken to be displayed on avehicle if␣–(a) in the case of a vehicle with a

windscreen, the voucher is placed nearthat windscreen; or

(b) in the case of a vehicle without awindscreen, the voucher is placed nearthe front of the vehicle␣–

in a conspicuous position where the whole ofthe voucher can be read clearly by a personstanding outside the vehicle.

(7) An authorised officer may affix to thewindscreen or other conspicuous part of avehicle a notice of a breach of this By-lawand the penalty for that breach.

(8) A person shall not, without lawful excuse,remove from a vehicle␣–(a) a voucher displayed in accordance with

subparagraph (6) while the vehicle isauthorised to be parked in a meteredspace by virtue of the voucher; or

(b) a notice affixed to the vehicle pursuantto subparagraph (7).

(9) A person shall not operate a vouchermachine except in accordance with theinstructions posted on the machine or on anotice in the vicinity of the machine.

(10) A person shall not␣–(a) insert in a voucher machine anything

other than a coin of the kind specified inthe instructions posted on the machineor on a notice in the vicinity of themachine; or

(b) do anything to a voucher machine otherthan insert a coin or take a voucher fromthe machine; or

(c) alter, or attempt to alter, the particularscontained on a voucher.

(11) A person is not in breach of subparagraph(3) if␣–(a) none of the voucher machines issuing

vouchers for the controlled carpark inwhich the metered space is located couldbe made to operate with a coin or coinsof the kind notified on the machine or ona notice in the vicinity of the machine; or

(b) the vehicle had, at the relevant time, justbeen parked in the metered space andthe person who parked the vehicle hadnot had a reasonable opportunity toobtain a voucher.

Requirement to state name and address13 (1) An authorised officer may require␣–

(a) the driver of a vehicle on Universityland whom the authorised officersuspects on reasonable grounds to beoffending or to have offended againstthese By-laws; or

(b) any other person whom the authorisedofficer suspects on reasonable groundsto have parked or left a vehicle at anyplace on University land incontravention of these By-laws␣–

to state his or her full name and place ofresidence.

(2) A person who␣–(a) fails or refuses to comply with a

requirement under subparagraph (1); or(b) in purported compliance with such a

requirement, states a false name or falseplace of residence␣–

is guilty of an offence against these By-laws.

Penalties14 In proceedings by complaint in a court of

competent jurisdiction for a parking offence␣-(a) an allegation in the complaint that the

defendant was the owner or driver of thevehicle referred to in the complaint is




evidence of the facts alleged;(b) where it is proved that a vehicle was parked

on University land contrary to a By-law,there is a rebuttable presumption that thevehicle was parked by the owner; and

(c) where an owner is proceeded against for aparking offence and the owner alleges thatanother person parked the vehicle at therelevant time, a justice may, on the owner’sapplication, issue a summons to that otherperson to attend the hearing of the complaintagainst the owner, at which if the offence isproved, the court hearing the complaintmay␣–(i) determine whether that other person did

park the vehicle; and(ii) if the court finds that that other person

did park the vehicle, discharge theowner and adjudge the other personguilty of the offence charged against theowner, and impose on that other personany penalty that it could have imposedon the owner.

15 Where a vehicle is left on University land formore than 28 days, it shall be deemed to beabandoned.

16 (1) Subject to subparagraph (4), instead ofproceeding by complaint in respect of aparking offence, a person authorised by theCouncil to do so may proceed by thealternative procedure provided in thisparagraph.

(2) A person authorised by the Council to do somay date, time, and affix a notice to a vehiclewhich is parked on University land contraryto the By-laws, requiring the owner to pay tothe University within 14 days the sum of $10.

(3) Where a notice is affixed to a vehiclepursuant to the provisions of subparagraph(2) and the owner does not pay to theUniversity within 14 days the amountprescribed as payable for the contraventionin respect of which the notice was issued, anofficer authorised by the Council to do somay proceed against the owner by complaintfor the breach of the By-laws committed bythe parking of the vehicle.

(4) An amount payable pursuant to a noticeunder subparagraph (2) may be paid to, andshall be accepted by, the University, at anytime before a complaint for the offence inrespect of which the notice was issued iscalled on for hearing in the court, but if it ispaid␣–(a) after the 14 days referred to in sub-

clause (2) and before the filing of thecomplaint, the amount shall be $20.

(b) after the filing of the complaint, theamount payable shall be $50.

(5) If an owner of a vehicle who did not park thevehicle at the relevant time, and who did notproceed under paragraph 14 (c)␣–(a) pays a fine imposed for a parking

offence; or(b) pays to the University the amount

required to satisfy his or her liability ona notice issued under subparagraph (2)␣–

the owner may recover the amount paid, andany costs imposed by the court, from theperson who parked the vehicle at therelevant time.

(6) An amount recoverable by an owner undersub-clause (5) may be recovered as a debt ina court of competent jurisdiction.

(7) Where the University is paid the amountwhich is necessary to discharge the liabilityof a person specified on a notice issuedunder subparagraph (2), that payment is abar to subsequent proceedings for theoffence in respect of which the notice wasissued.

(8) A person other than a person in charge of avehicle, who moves, removes, defaces,obscures, or damages a notice affixed to thevehicle pursuant to subparagraph (2) isguilty of an offence against these By-laws.

Removal and impounding of vehicles17 (1) An authorised officer may remove or

impound, or cause to be removed orimpounded a vehicle parked␣–(a) in an area in which the parking of

vehicles is not permitted under these By-laws

(b) in a manner which may cause injury topersons or damage to property,including another vehicle, or

(c) in contravention of these By-laws.(2) The authorised officer shall ensure that any

vehicle so impounded is kept in a securemanner until released.

(3) An owner of an impounded vehicle mayobtain release of that vehicle after paymentof␣–(i) the sum of $40 for the cost of removal

and(ii) the sum of $15 for each day or part of a

day for which the vehicle wasimpounded.

(4) If a vehicle removed and impounded underthis section is not claimed within 14 days of

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removal from University land, theUniversity shall take reasonable steps toascertain the last known address of a personwho is an owner and shall inform thatowner, by letter to that address, that if he orshe does not, within 14 days of the date ofthe letter, claim the vehicle and pay theamounts prescribed in subparagraph (3), theUniversity will proceed to sell or otherwisedispose of the vehicle.

(5) The University may sell or otherwise disposeof a vehicle if␣–(a) an owner makes no claim on a vehicle

after the provisions of subparagraph (4)have been followed or

(b) the owner makes claim to the vehicle,either on receipt of the letter referred toin subparagraph (4), or otherwise, butdoes not pay to the University the costsreferred to in subparagraph (4) within 5weeks of the removal of the vehicle fromUniversity land.

(6) The proceeds from the sale of any vehicleshall be applied in the first instance topaying the sums which the owner wouldhave been required to pay if the vehicle hadbeen redeemed on the date of sale. Anybalance remaining shall be paid to theowner.

Part IV – MiscellaneousDelegation of powers by Council18 The Council may delegate all or any of its

powers under these By-laws (with the exceptionof the power to amend or repeal these By-laws orto make new By-laws) to a committee of theCouncil and any determinations made or actionstaken by such a committee have the same forceand effect as if they were made or taken by theCouncil.

18A Where the Council delegates any power to acommittee of the Council such power shall becapable of being exercised by resolution adoptedby the committee and any vacancy in themembership of the committee or the lack ofnotice to any member of the committee of themeeting at which the resolution is adopted, orthe business to be transacted thereat, shall notinvalidate such resolution.

Powers of authorised officers19 (1) Where under these By-laws any power or

right may be exercised by an authorisedofficer, or any act is authorised or requiredto be done by or in respect of an authorisedofficer that power may be exercised by, and

that act may be done by or in respect of(a) an officer of the University or someother person authorised in writing by theUniversity in that behalf; or(b) a person belonging to a class of persons

where the persons who are members ofthat class of persons from time to timehave been authorised by the Universityin that behalf.

(2) An authorised officer␣–(a) may request a person whom he or she

believes on reasonable grounds to havecommitted a breach of those By-laws togive his or her name and address to theauthorised officer, and

(b) may remove from University land aperson who is committing, hascommitted or who the authorised officersuspects on reasonable grounds is aboutto commit, an offence against these By-laws.

(3) A person to whom a request is madepursuant to subparagraph (1) (a) shallforthwith comply with that request.

Offences against By-laws20 A person who contravenes or fails to comply

with a provision of these By-laws that isapplicable to that person, or who contravenes orfails to comply with any direction to that persongiven pursuant to these By-laws, is guilty of anoffence.

Penalties21 A person who commits an offence against these

By-laws is liable on summary conviction to a finenot exceeding five penalty units.

Commencement22 The provisions of this By-law shall take effect on

and from 27 August 1993.Made by Council on 27 August 1993.




The following Ordinances do not include ordinances ofamendment or those which rescind or are rescinded.For a complete record of the University's Ordinances,readers may refer to the web pages which can beaccessed from the University Publications Homepageat: http://www.admin.utas.edu.au/HANDBOOKS/handbooks.html

If any Ordinance has been amended, the version givenhere is as amended.

At the time of publication, some of these ordinanceswere being reviewed, in order to meet the requirementsof the structural changes which have been put in place.Additionally, some of the terms used in theseordinances will have to be modified, including thefollowing:• ‘academic dean’ now means ‘dean’;• ‘(academic) department’ now means ‘(academic

school’;• ‘head of department’ now means ‘head of school’

The present versions were prepared for publication on3rd March 1998.

IndexORDINANCE OF –

Academic Assessments & Academic Progress(No. 36) 41

Academic Dress (No. 33) 40Academic Senate (No. 59) 68Academic Structure (No. 57) 59Alumni (No. 25) 36Board of Graduate Studies (No. 40) 48Chancellor and Deputy Chancellors (No. 37) 46Christ College Council (No. 29) 37Council Elections (No. 20) 28Delegation of Powers of Council (No. 32) 39Deputy Vice-Chancellors & Deputy Principals

(No. 6) 28Emeritus Professors (No. 10) 28Endowments, Prizes & Scholarships (No. 30) 38Menzies Centre Board (No. 39) 47Standing Committees of Council (No. 5) 27Student Discipline (No. 58) 63Student Grievance Procedures (No. 21) 33Student Services & Amenities Fees (No. 42) 50University Development Strategy (No. 45) 57University Seal (No. 53) 58Vice-Chancellor (No. 2) 27

An appendix listing the full numerical sequence ofordinances may be found on page 110

Ordinance No. 2

Of the Vice-ChancellorThe Council of the University of Tasmania herebymakes the following Ordinance:1 This Ordinance shall take effect from 1 April

1990.2 The Vice-Chancellor shall be known within the

University as the Vice-Chancellor and Principal.3 (1) The Vice-Chancellor shall be the chief

academic and chief executive officer of theUniversity and shall be specially chargedwith the duty of promoting the interest andfurthering the development of theUniversity.

(2) The Vice-Chancellor shall be responsible toCouncil for the administration of theOrdinances and Rules made or deemed tohave been made under Section 43 of the Act,and shall␣–(a) exercise a general superintendence over

the academic affairs of the University;(b) establish and maintain an efficient and

effective management structure for theUniversity;

(c) manage and supervise theadministrative and financial business ofthe University;

(d) consult with and advise all Universitybodies;

(e) have the care of the property of theUniversity; and

(f) maintain a proper standard of disciplinewithin the University.

4 The Vice-Chancellor shall be a member of everyboard, faculty and committee within theUniversity and may preside at any meeting ofsuch board, faculty or committee.

5 The Vice-Chancellor shall by position be aProfessor of the University.

Made by Council on the 22nd day of March 1991.

Ordinance No. 5

Of the Standing Committeesof the Council

Note: The following Ordinance has been modified in accordancewith Ordinance No. 28.

The Council of the University of Tasmania herebymakes the following Ordinance:1 This Ordinance shall take effect from 1 June 1991.2 The Council may establish such Standing

Committees as it deems appropriate, and shall

UNIVERSITY OFTASMANIA ORDINANCES

UNIVERSITY OF TASMANIAORDINANCES

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specify the functions of such committees.3 (1) The Chairman and members of each

Standing Committee (other than membersholding office ex officio and membersappointed by a body other than the Council)shall be appointed by Council at its firstordinary meeting held after 1 July in 1993and in each alternate year thereafter.The agenda papers for that meeting shallinclude a list of the committees whosemembers are to be appointed, and thecurrent membership of those committees.

(2) The Chairman and Members of a StandingCommittee shall hold office until Councilnext makes appointments pursuant tosubparagraph (1), but shall be eligible forreappointment.

(3) Council may make appointments to casualvacancies on any committee at any state, andany such appointments shall be for theremainder of the term of the member ormembers being replaced.

4 Each committee of the Council may determine itsown procedures unless otherwise resolved bythe Council.

Made by Council on the 31st day of May 1991.

Ordinance No. 6

Of the Deputy Vice-Chancellors and Deputy

PrincipalsThe Council of the University of Tasmania herebymakes the following Ordinance:This Ordinance shall take effect from 1 June 1991.

Division 1␣– Of the Deputy Vice-Chancellors 1 There shall be one or more Deputy Vice-

Chancellors, as determined by the Council, whoshall be appointed for such periods and undersuch conditions as the Council shall deem fit.

2 The Deputy Vice-Chancellors shall assist theVice-Chancellor in the execution of the duties setout in the Ordinance of the Vice-Chancellor, andshall have such duties as the Vice-Chancellorshall determine.

3 (1) During the absence or incapacity of the Vice-Chancellor such Deputy Vice-Chancellor asis appointed in writing by the Vice-Chancellor for the purpose, shall becomeActing Vice-Chancellor.

(2) The authority of the Vice-Chancellor shallnot be affected by a Deputy Vice-Chancellorbecome Acting Vice-Chancellor.

(3) If the Vice-Chancellor fails to make theappointment authorized by subsection (1), orif there is a vacancy in the office of Vice-Chancellor the Chancellor may appoint in

writing a Deputy Vice-Chancellor to beActing Vice-Chancellor.

(4) Any appointment of a Deputy Vice-Chancellor to be Acting Vice-Chancellor maybe revoked or altered by Council.

4 A Deputy Vice-Chancellor shall by position be aProfessor of the University.

Division 2␣– Of the Deputy Principals 1 There shall be one or more Deputy Principals, as

determined by Council, who shall be appointedfor such periods and under such conditions asthe Council shall determine.

2 A Deputy Principal shall assist the Vice-Chancellor in managing the administrative andfinancial affairs of the University and shall havesuch duties as the Vice-Chancellor shalldetermine.

Made by Council on the 31st day of May 1991.

Ordinance No. 10

Of the Emeritus ProfessorsThe Council of the University of Tasmania in pursuanceof and in exercise of the powers conferred upon it bythe Higher Education (Amalgamation) Act 1990 herebymakes the following Ordinance:1 The Emeritus Professors of the University shall

be␣–(a) those persons upon whom that title was

conferred pursuant to Statutes made underthe Tasmanian University Act 1951; and

(b) those persons upon whom that title isconferred pursuant to this Ordinance.

2 The Council may confer the title of ProfessorEmeritus on any professor of the University onor after resignation or retirement, in recognitionof services to the University.

3 In considering whether a professor shall receivethe title of Professor Emeritus the Council shalltake into account services rendered to any one orboth of the University of Tasmania (whetherbefore or after the repeal of the TasmanianUniversity Act 1951 ) and the Council ofAdvanced Education.

4 A professor Emeritus shall for all purposes ofcourtesy and on ceremonial occasions beregarded as a professor of the University.

5 This Ordinance comes into force on 26th July1991.

Made by Council on the 26th day of July 1991.

Ordinance No. 20

Of the Council ElectionsNote: The following Ordinance has been modified in accordancewith Ordinance Number␣47. ␣

The Council of the University of Tasmania in pursuanceand exercise of the powers conferred upon it by theUniversity of Tasmania Act 1992 hereby makes the




following Ordinance:Interpretation1 In this Ordinance␣–

(a) ‘academic staff electoral roll’ means the rollmaintained pursuant to paragraph 4;

(b) ‘Act’ means the University of Tasmania Act1992;

(c) ‘general staff electoral roll’ means the rollmaintained pursuant to paragraph 5;

(d) ‘graduate electoral roll’ means the rollmaintained pursuant to paragraph 6; and

(e) ‘returning officer’ means the personrequired to act as returning officer pursuantto paragraph 7.

Determinations2 It is hereby determined pursuant to Section 3 of

the Act that any member of the staff of theUniversity who holds a position which requiresthat member of staff to be engaged in research ona full-time basis and whose classification forsalary purposes is related to a category of theacademic staff of the University is a member ofthe academic staff.

3 It is hereby determined pursuant to Section 3 ofthe Act that any member of the academic staff ofthe University who is engaged on a regularfractional basis is a member of the eligible part-time academic staff.

Electoral rolls4 The Academic Registrar shall maintain a roll

containing the name and description of eachperson eligible to vote in any election for thepurposes of section 8 (1) (j) of the Act.

5 The Academic Registrar shall maintain a rollcontaining the name and description of eachperson eligible to vote in any election for thepurposes of section 8 (1) (k) of the Act.

6 The Academic Registrar shall maintain a rollcontaining the name and last known address ofeach graduate who has made application inwriting to be placed on that roll, whichapplication shall specify his or her name, formername (if relevant), address and the relevantdegree or other award conferred.

Returning officer7 In all elections to be conducted under this

Ordinance the Academic Registrar, or a personappointed in writing by the Academic Registrarshall act as the returning officer.

Ordinary elections for staff and graduatemembers8 Not earlier than 120 days and not later than 90

days before the day upon which members of theCouncil elected under section 8 (1) (j), (k) and (m)of the Act are to take office the returning officershall invite nominations of candidates for those

elections by public advertisement in each of theMercury, Examiner, and Advocate dailynewspapers and by such other means, if any, asthe returning officer may consider appropriate.Each such advertisement shall specify the closingdate for nominations and the requirements ofthis Ordinance as to the form of nominations.

9 The closing date for nomination shall be fixed bythe returning officer but shall be not less than 10and not more than 15 days from the date uponwhich the last of the advertisements required byparagraph 8 shall have been published.

10 A nomination shall be in writing, shall specifythe category of membership of the Council towhich it relates, shall be signed by at least twopersons eligible to vote in the election to whichthe nomination relates and shall be accompaniedby the written consent of the candidate.

11 No nomination shall be received after 5 pm onthe closing date for nominations fixed underparagraph 9.

12 A person nominated as a candidate maywithdraw that nomination at any time before thecommencement of the count of votes, or, whereno election is required, before having beendeclared elected. If the result of such withdrawalis that the number of remaining candidates doesnot exceed the number of persons to be elected asmembers of the Council of the relevant categorythe returning officer shall then proceed as isprovided for in paragraph 13. If upon such awithdrawal the number of the remainingcandidates exceeds the number required to beelected the poll shall proceed but the ballotpapers shall not include the name of thecandidate who has withdrawn, or, if the ballotpapers shall have been prepared, the returningofficer shall proceed with the election and, onbeginning the counting of votes shall exclude thecandidate and transfer the votes of thatcandidate to the candidates next in order of thevoters’ respective preferences.

13 If upon the close of nominations no more thanthe required number of persons have beennominated for any category of membership ofthe council, the returning officer shall forthwithdeclare such persons to have been elected.

14 If upon the close of nominations the number ofpersons nominated for one or more of therelevant categories of membership of the Councilexceeds the number required to be elected, thereturning officer shall fix a day for a poll notlater than 28 days, but not sooner that 14 days,from the close of nominations.

15 At a poll election votes shall be given by ballotpapers in accordance with the provisions of thisOrdinance and not otherwise.

16 Every ballot paper shall contain␣–

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(a) if it relates to an election for the purposes ofsection 8 (1) (j) of the Act, the heading‘University of Tasmania␣– Election ofAcademic Staff representatives to Council’;

(b) if it relates to an election for the purposes ofsection 8 (1) (k) of the Act, the heading‘University of Tasmania␣– Election ofGeneral Staff representatives to Council’;

(c) if it relates to an election for the purposes ofsection 8 (1) (m) of the Act, the heading‘University of Tasmania␣– Election ofGraduate representatives to Council’;

(d) a list of the full names of the candidates forelection in such order as the returning officershall determine by means of drawing lots inthe presence of the Vice-Chancellor or hisnominee.

17 Not later than 10 days prior to the day fixed forthe relevant election, the returning officer shallforward by means of prepaid post or othersuitable means of delivery, to each person whosename appears on␣–(a) the academic staff electoral roll, in relation to

an election being conducted for the purposeof section 8 (1) (j) of the Act;

(b) the general staff electoral roll, in relation toan election being conducted for the purposeof section 8 (1) (k) of the Act;

(c) the graduate electoral roll, in relation to anelection being conducted for the purpose ofsection 8 (1) (m) of the Act;

the prescribed documents relating to the relevantelection.

18 For the purposes of paragraph 17 the prescribeddocuments are␣–(a) a ballot paper printed in conformity with

paragraph 16 and signed by the returningofficer;

(b) a copy of paragraph 19 of this Ordinance;(c) two sealable envelopes of different sizes so

that one may conveniently be inserted intothe other, the larger having printed on it theaddress of the returning officer and thewords ‘Ballot paper’ and at the foot thereofthe words ‘signature’, ‘Full Name’ and ‘Date’and the smaller having printed on it thewords ‘Place your ballot paper inside thisenvelope, seal it, and dispatch it in theaddressed envelope’;

(d) a document containing the followinginformation about each candidate, to theextent that it is known to the returningofficer, namely the name, address,occupation, formal qualifications, particularsof prior service to the University or itspredecessors in law and other briefbiographical material provided by thecandidate and conforming to such standardformat as the returning officer may prescribe

in relation to that election.19 A vote shall not be valid unless the following

provisions have been observed␣–(a) the ballot paper has been marked in such a

way as to indicate the voter’s preference forthe candidates by means of consecutive non-repeated numbers, commencing with thefigure ‘1’ for the first preference

(b) the number of preferences indicated on theballot paper is not less than the number ofcandidates required to be elected;

(c) the ballot paper is contained in the smallerenvelope with has been closed up and iscontained in the larger envelope which hasbeen sealed up and endorsed with thesignature of the voter, the full name of thevoter and the date upon which it is signed;and

(d) the ballot paper has been received by thereturning officer not later than 5 pm on theday fixed for the poll.

20 Not more than one ballot paper shall be issued toany person in respect of any election other thanupon application in writing certifying the loss ordestruction of an earlier ballot paper.

21 If a person transmits to the returning officermore than one ballot paper in respect of anyelection, only that contained in an envelopebearing the most recent date shall be used at theelection, provided that if two or more ballotpapers are contained in envelopes each bearingthe same date, so that it is not possible to proceedin that manner, all ballot papers transmitted bythat voter shall be disregarded.

22 The votes shall be counted and candidatesdeclared elected in the manner prescribed by theFirst schedule to this Ordinance.

Extraordinary elections for staff andgraduate members23 Where a casual vacancy occurs in the

membership of the Council provided for bysection 8 (1) (j), (k) or (m) of the Act, then, unlessthe vacancy occurred at a time when theunexpired portion of the term of the formermember was less than four months, the returningofficer shall invite nominations of candidates forthe election to fill the vacancy by publicadvertisement in each of the Mercury, Examinerand Advocate daily newspapers and by suchother means, if any, as the returning officer mayconsider appropriate. Each such advertisementshall specify the closing date for nominationsand the requirements of this Ordinance as to theform of nomination.

24 The provisions of paragraphs 9 to 21 inclusiveshall apply to an election to fill such a casualvacancy.

25 When two or more such casual vacancies occur




in circumstances where it is convenient toconduct one election to fill those vacancies, thereturning officer may conduct one electionaccordingly.

26 Where two or more such casual vacancies arebeing filled by means of one election the votesshall be counted and candidates declared electedin the manner prescribed by the First Schedule tothis Ordinance.

27 Where one such casual vacancy is being filled thevotes shall be counted and a candidate declaredelected in the manner prescribed by the SecondSchedule to this Ordinance.

Student members of the Council28 The persons holding the office of President in

each of the Tasmania University Union Inc andthe Student Association Inc on a date from whicha member of the Council elected pursuant tosection 8 (1) (l) of the Act is to hold office shall bedeemed to have been elected members of theCouncil for the purposes of that provision.

29 If a casual vacancy occurs in the membership ofthe Council provided for by section 8 (1) (l) of theAct␣–(a) if the former member of the Council does not

then hold the office of President of therelevant body, the person then holding thatoffice shall be deemed to have been electedto fill the vacancy unless that person shallpreviously have ceased to have been amember of the Council after having beendeemed to have been elected underparagraph 28 for the term to which thecasual vacancy relates;

(b) if the former member of the Council thenholds the office of President of the relevantbody, the person holding the office of Vice-President in that body shall be deemed tohave been elected to fill the vacancy;

(c) if the vacancy is not filled under thepreceding subparagraphs the returningofficer shall conduct an election to fill thevacancy, which election shall be conductedin accordance with the provisions ofparagraphs 9 to 21 (except that references toperson appearing on the relevant electoralroll shall be construed as references tostudents within the meaning of section 2 ofthe Act) and the votes shall be counted and acandidate declared elected in accordancewith the Second Schedule to this Ordinance.

Declaration of the poll30 Where a person has been declared elected

pursuant to this Ordinance the returning officershall publish notice of that fact in the Gazette*and place a copy of the notice before the nextmeeting of the Council.* i.e. the Tasmanian Government Gazette.

Effective date31 This Ordinance shall take effect from 12

February 1993.

THE FIRST SCHEDULE1 All invalid votes shall be rejected and the

number of first preference votes recorded foreach candidate shall be counted.

2 The aggregate number of such first preferencesshall be divided by one more than the number ofcandidates required to be elected, and thequotient increased to the nearest one-millionthshall be the quota and (except as provided byparagraph 13) no candidate shall be elected untilthat candidate obtains a number of votes equal toor greater than the quota.

3 Any candidate who, after the counting of the firstpreferences, has votes in excess of the quota,shall be declared elected.

4 The votes in excess of the quota (‘the surplus’)obtained by such a candidates shall betransferred to the other candidates not yetdeclared elected, next in order of the voters’preferences, in the following manner:(a) the voting papers which express a first

preference for the elected candidate shall bere-examined, and in each case, subject toparagraph 15, the next consecutivepreference expressed for an unelectedcandidate ascertained;

(b) the surplus shall be divided by the totalnumber of votes obtained by the electedcandidate in the counting of the firstpreferences, and the resulting number shallbe the transfer value;

(c) the vote expressed by each ballot paper shallbe transferred to the next preferredcandidate ascertained in accordance withsubparagraph (a), with a value (includingany fractional part) equal to the transfervalue, and added to the number of votespreviously obtained by the next preferredcandidate.

5 Where, on the counting of the first preferences oron any transfer more than one candidate has asurplus, the largest surplus shall be dealt withfirst. If then more than one candidate has asurplus, the then largest surplus shall be dealtwith, and so on: provided that, if one candidatehas obtained a surplus at a count or transferprevious to that at which another candidateobtains a surplus the surplus of the former shallbe dealt with first.

6 Where two or more surpluses are equal, thesurplus of the candidate who was the highest onthe poll at the count or transfer at which they lasthad an unequal number of votes shall be dealtwith first, and if they had an equal number ofvotes at all preceding counts or transfers, it shall

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be decided by lot which candidate’s surplus shallbe dealt with first.

7 Where the number of votes obtained by acandidate is raised up to or above the quota bytransfer, that candidate shall thereupon bedeclared elected. In such a case, notwithstandingthe fact that the candidate may have reached thequota during the progress of the transfer, thecandidate shall not cease to become entitled toreceive further votes until the conclusion of thattransfer.

8 The surplus of candidate declared electedpursuant to paragraph 7 shall be transferred tothe other candidates not yet declared elected,next in order of the voters’ respectivepreferences, in the following manner:(a) the ballot papers corresponding to the votes

obtained by the elected candidate shall be re-examined and in each case, subject toparagraph 15, the next consecutivepreference expressed for an unelectedcandidate shall be ascertained;

(b) the surplus of the elected candidate shall bedivided by the total value of the candidate’svote and the resulting number shall be thetransfer value;

(c) the votes expressed by each ballot papershall be transferred to the next preferredcandidate, ascertained according tosubparagraph (a), with a value (includingany fractional part) equal to the value atwhich it was received by the electedcandidate, multiplied by the transfer value,and added to the number of votes previouslyobtained by the next preferred candidate.

9 Where, after the first preferences have beencounted and all surpluses, if any, have beentransferred in the manner prescribed above, nocandidate, or less than the number of candidatesrequired to be elected, has or have obtained aquota, the candidate who is lowest on the pollshall be excluded, and, subject to paragraph 15,all the votes obtained by the candidate shall betransferred to the candidates next in order of thevoter’s preference at the same values as those atwhich they were received by the candidate:provided that the transfer of the excludedcandidate’s votes for all purposes shall bedeemed to be a single transfer.

10 Where the number of votes obtained by acandidate is raised up to or above the quota by atransfer, that candidate shall thereupon bedeclared elected. In such a case, notwithstandingthe fact that the candidate may have reached thequota during the progress of the transfer, thecandidate shall not cease to become entitled toreceive further votes until the conclusion of thattransfer.

11 The surplus of a candidate elected underparagraph 10 shall be transferred to the othercandidates not yet declared elected, next in orderof the voters’ respective preferences, in the samemanner as is directed by paragraph 8: providedthat such surplus shall not be dealt with until allthe votes of the excluded candidate have beentransferred.

12 Where any surplus exists it shall be dealt withbefore any other candidate is excluded.

13 The same process of excluding the candidatelowest on the poll and transferring the votes toother candidates shall be repeated until all thecandidates, except the number required to beelected, have been excluded, and the unexcludedcandidates who have not already been sodeclared, shall then be declared elected, in orderof their total votes at that time.

14 Where at any time it becomes necessary toexclude a candidate, and two or more candidateshave the same number of votes and are lowest onthe poll, then whichever of such candidates waslowest on the poll at the last count or transfer atwhich they had an unequal number of votesshall be excluded, and if such candidates havehad an equal number of votes at all precedingcounts or transfers it shall be decided by lotwhich candidate shall be first excluded.

15 In determining which candidate is next in orderof a voter’s preference, any candidate who hasbeen declared elected or who has been excludedshall be passed over.

16 Where on any transfer it is found that a voteexpresses no consecutive preference, other thanfor candidates who have already been declaredelected or been excluded, that vote shall be setaside as exhausted.

17 The procedure provided for by this Schedulemay be carried out in whole or in part by acomputer programmed accordingly.

THE SECOND SCHEDULE1 All invalid votes shall be rejected, and the

number of the first preferences recorded for eachcandidate shall be counted.

2 The candidate obtaining an absolute majority ofvotes shall be declared elected.

3 If no candidate has an absolute majority of votes,the candidate who has the fewest votes shall beexcluded, and, subject to paragraph 5, each ballotpaper counted to him shall be counted to theunexcluded candidate next in order of the voter’spreference.

4 If no candidate then has an absolute majority ofvotes, the process of excluding the candidatewho has the fewest votes and counting each ofhis ballot papers to the unexcluded candidatenext in order of the voter’s preference, shall berepeated until one candidate has an absolute




majority of votes.5 Where on proceeding under paragraph 3 or 4 it

is found that a vote expresses no consecutivepreference, other than for candidates who havealready been excluded, that vote shall be setaside as exhausted.

6 If on any count two or more candidates have anequal number of votes and one of them is to beexcluded, the candidate to be excluded shall bedetermined by lot.

7 If in the final count two candidates have an equalnumber of votes, the candidate to be elected shallbe determined by lot.

8 The procedure provided by this Schedule may becarried out in whole or in part by a computerprogrammed accordingly.

Made by Council on the 12th day of February 1993.

Ordinance No. 21

Of the Student GrievanceProcedures

Note: The following Ordinance has been modified in accordancewith Ordinance Numbers 24. 47.

The Council of the University of Tasmania in pursuanceand exercise of the powers conferred upon it by theUniversity of Tasmania Act 1992 hereby makes thefollowing Ordinance␣–

Interpretation1 In this Ordinance␣–

(a) ‘academic dean’ means the academic dean ofthe Academic Department to which therelevant grievance relates;

(b) ‘appeals committee’ means a committeeconstituted under paragraph 11;

(c) ‘day’ means a day other than Saturday,Sunday or public holiday;

(d) ‘faculty grievance committee’ means acommittee constituted under paragraph 6;

(e) ‘faculty grievance panel’ means a panelconstituted under paragraph 2;

(f) ‘grievance’ means a grievance concerningany academic matter, including (withoutaffecting the generality thereof) a grievanceconcerning a credit transfer, an assessmentand an exclusion following an academicprogress review, but does not include agrievance concerning non-admission to theUniversity, student discipline, sexualharassment, the University library or theUniversity administration;

(g) ‘grievance appeals panel’ means the panelconstituted under paragraph 7.

(h) ‘head of department’ means the head of therelevant Academic Department to which thegrievance relates, or, in the event that thegrievance relates to that head of department,an ombudsman to whom the grievance is

reported;(i) ‘ombudsman’ means a person holding office

as a University ombudsman, having beenappointed as such pursuant to paragraph 13;

(j) ‘postgraduate student’ means a personenrolled for a doctorate or for a master’sdegree by research;

(k) ‘student’ means a student who is not apostgraduate student.

Faculty Grievance Committees2 At its first meeting in each calendar year each

faculty shall appoint a faculty grievance panelconsisting of six members of the faculty, at leasttwo of whom shall be student members.

3 The members of a faculty grievance panel shallhold office until the first meeting of the faculty inthe calendar year next following the year inwhich they were appointed but are eligible forreappointment.

4 A person shall cease to be a member of a facultygrievance panel if he or she resigns as such orceases to be a member of the relevant faculty.

5 A faculty may fill a vacancy in the membershipof the faculty grievance panel by appointing aperson for the unexpired portion of the term ofoffice of the former member.

6 Where a grievance is required to be consideredby a faculty grievance committee, the academicdean shall appoint three members of the facultygrievance panel, of whom one shall be a student,to constitute such a committee for that purpose.

Appeals committee7 At its first meeting in each calendar year the

Academic Senate shall appoint a grievanceappeals panel consisting of eight members of theAcademic Senate, at least two of whom shall bestudent members.

8 The members of the grievance appeals panelshall hold office until the first meeting of theAcademic Senate in the calendar year nextfollowing the year in which they were appointedbut are eligible for reappointment.

9 A person shall cease to be a member of thegrievance appeals panel if he or she resigns assuch or ceases to be a member of the AcademicSenate.

10 The Academic Senate may fill a vacancy in themembership of the grievance appeals panel byappointing a person for the unexpired portion ofthe term of office of the former member.

11 For the purposes of the consideration of anygrievance, the appeals committee shall consist ofthe chairman of the Academic Senate (or, if theVice-Chancellor is the chairman, the deputychairman thereof), or the nominee of thechairman or deputy chairman, together withthree members of the grievance appeals panel.

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12 Where a grievance is required to be consideredby the grievance appeals committee, thechairman of the Academic Senate (or, if the Vice-Chancellor is the chairman, the deputy chairmanthereof) shall appoint three members of thegrievance appeals panel, of whom one shall be astudent.

University Ombudsmen13 The Vice-Chancellor from time to time, and after

consulting with the student association, shallappoint a sufficient number of members of thestaff of the University or other persons to beUniversity Ombudsmen.

14 In appointing ombudsmen the Vice-Chancellorshall ensure that there are male and femaleombudsmen from each of the Hobart andLaunceston campuses and ombudsmen from avariety of disciplines.

15 An aggrieved student or postgraduate studentmay approach any ombudsman at any time forassistance or advice.

16 Each ombudsman␣–(a) may review procedures and advise the

University thereon;(b) advise students and postgraduate students;(c) may accompany, advise and speak for a

student or a postgraduate student at anystage of the grievance procedures providedfor by this Ordinance;

(d) encourage the resolution of grievances bydiscussion and conciliation;

(e) shall have unrestricted access to anydocuments relating to any grievance raisedwith that ombudsman; and

(f) shall have direct access to the Vice-Chancellor in relation to any grievanceraised with that ombudsman.

Informal conciliation by heads ofdepartment17 Where a student has a grievance which he or she

wishes to be dealt with, that student shall reportthe grievance to the head of department.

18 Upon a grievance being reported to a head ofdepartment he or she shall provide a copy of thisOrdinance to the student, discuss the matter withthe student and any member of staffimmediately concerned with the matter, makesuch investigations as appear to be appropriateand endeavour to resolve the grievance byinformal conciliation.

19 If the head of department considers that agrievance has been resolved, then within 7 daysthereafter he or she shall record the terms of theresolution of the grievance in writing andprovide a copy thereof to the student.

20 If the head of department considers that agrievance is incapable of resolution by him or

her, then within 7 days thereafter he or she shallrecord that fact in writing and provide a copythereof to the student.

Review by academic deans21 Within 10 days of being provided with a copy of

a document under paragraph 19 or paragraph 20,a student who considers that his or her grievancehas not been resolved, may request the academicdean to consider the grievance.

22 A request under paragraph 21 shall be inwriting, shall specify the grievance withparticularity and shall be accompanied by a copyof the document provided under paragraph 19 orparagraph 20.

23 Upon a student making a request to an academicdean pursuant to paragraph 21, the academicdean shall discuss the grievance with thestudent, the head of department and anymember of staff immediately concerned with thematter, make such investigations as appear to beappropriate and endeavour to resolve it byinformal conciliation.

24 If the academic dean considers that a grievancehas been resolved then within 7 days thereafterhe or she shall record the terms of the resolutionof the grievance in writing and provide a copythereof to the student.

25 If the academic dean considers that a grievance isincapable of resolution by him or her, thenwithin 7 days thereafter he or she shall recordthat fact in writing and provide a copy thereof tothe student.

26 Within 10 days of being provided with a copy ofa document under paragraph 24 or paragraph 25,a student who considers that his or her grievancehas not been resolved may give notice in writingto the academic dean that he or she requires thegrievance to be considered by the facultygrievance committee.

Hearings by faculty grievance committees27 Where a student gives notice under paragraph

26, the academic dean shall convene a meeting ofthe faculty grievance committee to be heldwithin 10 days of receipt of the notice or, if that isnot practicable, at the earliest practicable time, toconsider the grievance.

28 The following provisions shall apply to theconsideration of a grievance by the facultygrievance committee␣–(a) the student shall provide to the committee

copies of the documents referred to inparagraph 22 and written argument insupport thereof and shall provide copies ofthe written argument to the head ofdepartment and to the academic dean notless than five days before the meeting of the




committee;(b) the head of department and the academic

dean may provide to the committee writtencomments on the grievance and shallprovide copies thereof to the student not lessthan three days before the meeting of thecommittee;

(c) the committee shall permit the student andany member of staff who is the subject of thegrievance to be heard in person and to berepresented by some other person (not alegal practitioner acting in a professionalcapacity);

(d) the committee may make such determinationas it considers appropriate in relation to thegrievance, including substituting itsdetermination for any determinationpreviously made;

(e) the determination of the committee shall bein writing and signed by the members of thecommittee;

(f) copies of the determination of the committeeshall be provided to the student, the head ofthe department, the academic dean, anymember of staff the subject of the grievanceand any other person within the Universitywho is required to be aware of thedetermination.

29 Within 10 days of being provided with a copy ofa document under paragraph 28 (f), a studentwho is dissatisfied with the determination of thefaculty grievance committee, may give notice inwriting to the Academic Registrar that he or sherequires the grievance to be considered by theappeals committee.

Hearings by appeals committee of theAcademic Senate30 Where a student gives notice under paragraph

29, the Academic Registrar shall convene ameeting of the appeals committee to be heldwithin 10 days of receipt of the notice or, if that isnot practicable, at the earliest practicable time, toconsider the grievance.

31 The following provisions shall apply to hearingsby the appeals committee␣–(a) the committee may have regard to what

occurred before the faculty grievancecommittee but shall make a determinationon the grievance afresh without beingaffected by the earlier proceedings inrelation to the grievance;

(b) the committee shall permit the student andany member of the staff who is the subject ofthe grievance to be heard in person and to berepresented by some other person (whetheror not such a person is a legal practitioner);

(c) the committee may make such determination

as it considers appropriate in relation to thegrievance, including substituting itsdetermination for any determinationpreviously made;

(d) the determination of the committee shall bein writing and signed by the members of thecommittee;

(e) copies of the determination of the committeeshall be provided to the student, the head ofthe department, the academic dean, anymember of staff the subject of the grievanceand any other person within the Universitywho is required to be aware of thedetermination.

Grievances by postgraduate students32 Where a postgraduate student has a grievance

which he or she wishes to be dealt with, thatstudent shall report the grievance to thechairman of the Research Higher DegreesCommittee.

33 Upon a grievance being reported to the chairmanof the Research Higher Degrees Committee, heor she shall discuss the matter with thepostgraduate student and any member of staffimmediately concerned with the matter, makesuch investigations as appear to be appropriateand endeavour to resolve it by informalconciliation.

34 If the chairman of the Research Higher DegreesCommittee considers that a grievance has beenresolved then within 7 days thereafter he or sheshall record the terms of the resolution of thegrievance in writing and provide a copy thereofto the postgraduate student.

35 If the chairman of the Research Higher DegreesCommittee considers that a grievance isincapable of resolution then within 7 daysthereafter he or she shall record that fact inwriting and provide a copy thereof to thepostgraduate student.

36 Within 10 days of being provided with a copy ofa document under paragraph 34 or 35, apostgraduate student who considers that his orher grievance has not been resolved, may givenotice in writing to the Academic Registrar thathe or she requires the grievance to be consideredby the appeals committee.

37 A requirement under paragraph 36 shall be inwriting, shall specify the grievance withparticularity and shall be accompanied by a copyof the document provided under paragraph 34 orparagraph 35 and written argument in supportthereof and the student shall provide copies ofthe written argument to the chairman of theResearch Higher Degree Committee not less thanfive days before the meeting of the committee.

38 The chairman of the Research Higher Degrees

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Committee may provide to the committeewritten comments on the grievance and shallprovide a copy thereof to the postgraduatestudent not less than three days before themeeting of the committee.

39 Insofar as they are relevant, the provisions ofparagraphs 30 and 31 apply to a consideration bythe appeals committee of a requirement underparagraph 36 as if the references therein to astudent were references to a postgraduatestudent.

Made by Council on the 19th day of March 1993.

Ordinance No. 25

Of the Alumni Note: The following Ordinance has been modified in accordancewith Ordinance Number 38, Ordinance Number 51, and OrdinanceNumber 60.

The Council of the University of Tasmania in pursuanceand exercise of the powers conferred upon it by theUniversity of Tasmania Act 1992 hereby makes thefollowing Ordinance:Interpretation 1 In this Ordinance␣–

(a) ‘the Act’ means the University of TasmaniaAct 1992;

(b) ‘the Alumni’ means the organisationestablished by paragraph 2;

(c) ‘the Committee’ means the committeeestablished by paragraph 6;

(d) ‘graduate’ has the meaning attributed to itby section 3 of the Act;

(e) ‘eligible person’ means a person who is␣–(i) a graduate;(ii) a former member of the full-time

academic staff of the University or of apredecessor in law of the University;

(iii) a former member of the full-time non-academic staff of the University, or of apredecessor in law of the University,upon whom has been conferred a degreeby the University or by a recogniseduniversity before that person ceased tobe a member of the full-time non-academic staff; or

(iv) approved as such by the Committee.Establishing of the Alumni 2 There is established an organisation named ‘The

University of Tasmania Alumni’. 3 The objects of the Alumni are to establish and

foster the basis for lifelong professional andpersonal relationships between the Universityand its graduates and, by recognising acontinuing role for graduates in the developmentof the University, to engender goodwill,understanding and support in the widercommunity.

Membership 4 The members of the Alumni shall be those

eligible persons who apply or who have appliedto become members.

5 A person shall cease to be a member of theAlumni if that person␣–(a) resigns as a member;(b) ceases to be an eligible person;(c) fails to confirm that member’s desire to

remain a member within 90 days of therehaving been posted to that member at thatmember’s address last known to theCommittee an inquiry as to whether thatmember desires to remain a member.

Committee 6 There shall be a committee which shall␣–

(a) manage the affairs of the Alumni;(b) maintain or cause to be maintained a register

of members;(c) develop programmes and activities for the

Alumni;(d) encourage the participation of eligible

persons in the affairs of the Alumni;(e) represent the interests of the members of the

Alumni;(f) make submissions to the Council in relation

to the affairs and development of theUniversity; and

(g) consider and report on any matter referredto it by the Council.

7 Subject to paragraph 8, until the annual generalmeeting of the Alumni to be held in 1994, theCommittee shall consist of the persons appointedto constitute an interim steering committee of theAlumni by a resolution of the Council adoptedon 22 May 1992.

8 If any person a member of the Committeepursuant to paragraph 7 shall die or resign hisoffice, the Council may fill the vacancy.

9 Subject to paragraphs 7 and 8 the Committeeshall consist of␣–(a) a Chairman elected by members of the Alumni;(b) the Vice-Chancellor or his nominee;(c) the divisional head with responsibility for

the Alumni;(d) the Chair of the Academic Senate or, if the

Vice-Chancellor holds that office, the DeputyChair;

(e) one member elected by the members whohold an award in each particular faculty;

(f) three members elected by the members ofthe Alumni;

(g) two students, one nominated by theTasmania University Union Inc and theother nominated by the Student AssociationInc.

10 For the purposes of paragraph 9 (e), where a




member holds an award which is not an awardof a faculty the Committee shall determine thatthe member be deemed to hold an award of suchfaculty as is most appropriate to the award.

11 A member of the Committee shall cease to holdoffice as such if␣–(a) having been nominated by the Vice-

Chancellor under paragraph 9 (b), themember resigns or the Vice-Chancellorrevokes the nomination;

(b) having been appointed under paragraph 9(c), the Council revokes the appointment;

(c) having been elected under paragraph 9 (a),(e) or (f), that member ceases to be agraduate;

(d) having been appointed under paragraph 9(g), that member ceases to be a student or thebody which made the appointment revokesit;

(e) in any case, other than where the memberholds office ex officio, that member resigns.

12 Any casual vacancy in the membership of theCommittee may be filled in the same manner asprovided for in relation to the election,nomination or appointment of the class ofmember to which the former member belonged.

13 Unless that member earlier ceases to hold officeand subject to paragraph 14, a member of theCommittee␣–(a) elected under paragraph 9 (a), (e) or (f) or

appointed under paragraph 9 (g) shall holdoffice from the next following annual generalmeeting until the second annual generalmeeting thereafter.

(b) [This subparagraph has been deleted inaccordance with Ordinance No. 38 ].

14 (1) At the first annual general meeting held afterthis Ordinance comes into force that meetingshall determine which of the members of theCommittee elected under paragraph 9 (a), (e)and (f) shall hold office until the nextfollowing annual general meeting and whichof them shall hold office until the first annualgeneral meeting held after the next followingannual general meeting and those membersshall hold office accordingly.

(2) The determination under subparagraph (1)shall be made so that as nearly as may bepossible one half of the relevant membersshall hold office until the next followingannual general meeting and the others ofthem shall hold office until the first annualgeneral meeting held after the next followingannual general meeting.

15 The Committee from amongst its own membersshall elect such officers, other than the Chairman,as it may determine or as may be required by

Rules made under this Ordinance.

General meetings 16 The Committee shall cause there to be convened

in each calendar year at least three generalmeetings of the members of the Alumni one ofwhich shall be held in the month of Novemberand which shall be the annual general meeting.

17 At the annual general meeting␣–(a) the Committee shall report on the affairs of

the Alumni since the previous annualgeneral meeting.

(b) [This subparagraph deleted. See OrdinanceNo. 38 ].

Regulation of procedures 18 Subject to any Rules made under this Ordinance,

the Alumni may determined its own proceduresfor meetings, elections and otherwise and,subject to any resolution of a general meeting ofthe Alumni, the Committee may do likewise.

Rules 19 The Committee, with the consent of the Council,

may make Rules for the purposes of thisOrdinance, not inconsistent with this Ordinance,including, without affecting the generalityhereof, Rules making provision in relation tomeetings and elections and providing for theofficers of the Alumni.

Effective date20 This Ordinance shall commence on 27 August

1993.

Terms of office of faculty members followingrestructure

21 Despite anything in this ordinance (Ordinance25) or the Ordinance of Academic Structure(Ordinance 57), the members of theCommittee holding office under clause 9 (e)immediately before the commencement ofOrdinance 57 continue in office until␣–

(a) their existing term expires; or(b) Council amends Ordinance 25 in such a way

that they go out of office␣–whichever happens first.

Made by Council on 27 August 1993.

Ordinance No. 29

Of the Christ College CouncilNote: The following Ordinance has been modified in accordance

with Ordinance Number 47 and Ordinance Number 49.

The Council of the University of Tasmania in pursuanceand exercise of the power conferred upon it by theUniversity of Tasmania Act 1992 hereby makes thefollowing Ordinance:1 This Ordinance takes effect from 15 October

1993.

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2 (1) There shall be a Christ College Council (‘TheCouncil’) comprising␣–(a) a chairman appointed by the University

Council;(b) the Warden of Christ College;(c) the President of the Christ College

Student Club;(d) a member appointed by the Bishop of

Tasmania;(e) a member appointed by the Vice-

Chancellor(f) four other members appointed by the

University Council.(2) Upon this Ordinance taking effect, the

persons who are member of the ChristCollege Council constituted by resolution ofthe University Council by virtue of␣–(a) having been appointed chairman thereof

by the University Council;(b) having been appointed as such by the

Bishop of Tasmania;(c) being a Deputy Principal, having been

appointed as such by the Vice-Chancellor; and

(d) having been appointed as such by theUniversity Council;

shall be deemed to have been appointed toThe Council pursuant to (a), (d), (e) and (f)respectively of paragraph 2(1).

(3) A member of The Council may resign hisoffice at any time by notice in writing to theAcademic Registrar.

(4) A member of The Council appointed under(a), (d), (e) or (f) of paragraph 2(1) may beremoved at any time by notice in writing tothe Academic Registrar from the body orperson having the power to appoint themember of the relevant category.

(5) Subject to subparagraphs (3) and (4),members of The Council appointed ordeemed to have been appointed pursuant to(a) and (f) paragraph 2(1) shall hold officeuntil the first ordinary meeting of theUniversity Council held after 1 July in 1995and in each alternate year thereafter.

(6) Any casual vacancy in the membership ofThe Council other than in the case of an exofficio member, may be filled by the body orperson having the power to appoint themember of that category.

3 The Council shall be responsible for themanagement of Christ College as a residentialcollege of the University including␣–(a) the finances of the College, including the

level of fees charged;(b) the criteria for admission of students to the

College;(c) the maintenance of good order and

discipline of the College;(d) the maintenance of the buildings and

premises of the College;(e) the employment of College staff.

4 (1) There shall be a Warden of the College whoshall be responsible to The Council for theadministration of the College including␣–(a) the proper disbursement of its funds;(b) the admission, welfare and discipline of

students;(c) the supervision of College staff.

(2) The person holding the office of Warden atthe time of this Ordinance takes effect shallbe deemed to be the Warden appointedunder this Ordinance.

(3) The appointment and terms and conditionsof the employment of the Warden shall bedetermined by the University Council on theadvice of The Council.

5 (1) Within six months of the end of eachcalendar year, The Council shall submit tothe University Council an annual reportupon the affairs of the College during thatyear.

(2) The Council shall submit such other reportsas the University Council may require fromtime to time.

Made by the Council on the 15th day of October 1993.

Ordinance No. 30

Of Endowments, Prizes andScholarships

The Council of the University of Tasmania in pursuanceof and exercise of the powers conferred upon it by theUniversity of Tasmania Act 1992 hereby makes thefollowing Ordinance:Note: This ordinance has been amended in accordance withOrdinance 56 Endowments Amendment

Repeal1 Statute XIX␣– Of Endowments and Statue XX␣–

Of Scholarships and Prizes made by the Councilof the former University of Tasmania pursuant tothe provisions of the Tasmanian University Act1951 are repealed.

2 Notwithstanding the repeal effected byparagraph 1, any rule made under Statute XXremains in force as if it were a rule madepursuant to this Ordinance and as if anyreference therein to the Professorial Board was areference to the Academic Senate.

Operative Effect3 The provisions of this Ordinance insofar as they

relate to any endowment shall apply subject tothe terms upon which the same is paid over ortransferred to the University.




Endowments4 Any sum of money paid or property transferred

to the University by way of an endowment forany prize, scholarship, lecture or other purposeassociated with the University shall be held anddealt with by the University in the same manneras by law trustees are required to hold and dealwith trust moneys or property, and that moneyor property, together with all accumulationsthereof and accretions thereto shall constitute thefund of such endowment.

5 Any payment for the purposes of anyendowment shall be made from the income ofthe fund of the endowment.

6 Where in any calendar year the whole of theincome of the fund of any endowment has notbeen used for the purposes of that endowmentCouncil may determine that the whole or anypart of such unused income be added to the fundof the endowment and it shall thereafter betreated as capital.

7 If at any time the income of the fund of anendowment is insufficient for the purposesthereof, Council may␣–(a) determine that the payments to be made for

the purposes of the endowments be reducedaccordingly;

(b) determine that the whole or some part ofunused income added to the fund of theendowment during the preceding five yearsbe used as income;

(c) contribute the whole of part of the shortfallfrom the general funds of the University.

Prizes8 The Council may establish scholarships,

bursaries and prizes whether the same are to beprovided by an endowment or otherwise.

Rules9 The Council may make rules for the purposes of

any endowment and for the purposes of anyscholarship, bursary or prize, and, without affectthe generality of that power, may make rules␣–(a) concerning the management of any

endowment;(b) establishing committees to administer any

endowment and the purposes for which itwas established and providing for theconstitution of and election or appointmentof members to such committees;

(c) establishing any prize, scholarship orbursary;

(d) establishing committees to administer anyprize, scholarship or bursary and providingfor the constitution of and election orappointment of members to suchcommittees;

(e) providing for reports to be furnished to

Council by any committee established by arule made under this Ordinance;

(f) regulating the exercise of any power whichby the terms of an endowment is conferredupon the University or the Council.

Effective Date10 This Ordinance takes effect from 15 October

1993.

Annual report on endowed awards11 (a) The Vice-Chancellor will make sure that a

report is presented to Academic Senate andCouncil each year to cover all endowedscholarships, endowed bursaries andendowed prizes.

(b) The report is to include:• the name of each endowed scholarship,

endowed bursary and endowed prize• the name of each person holding those

scholarships, bursaries or prizes• details of any suspension or cancellation• any other matters that Academic Senate

or Council may request.(c) This clause applies despite any requirement

for an annual report that is set out in therules of any endowed scholarship, endowedbursary or endowed prize, and compliancewith this clause must be taken to becompliance with any such requirement.

Made by Council on the 15th day of October 1993.

Ordinance No. 32

Of Delegation of Powers ofCouncil

The Council of the University of Tasmania in pursuanceof and exercise of the powers conferred on it by theUniversity of Tasmania Act 1992 hereby makes thefollowing Ordinance:1 Council may delegate any of its functions and

powers to committees established under theOrdinance of the Standing Committees of theCouncil.

2 The Vice-Chancellor may deal with matters withthe authority of the Council consistent with␣–(a) the powers of the Vice-Chancellor under the

Act and the Ordinance of the Vice-Chancellor

(b) any policies adopted by the Council.3 Where in an emergency situation

(a) it is necessary to determine a matter whichwould normally have been determined byCouncil

(b) the Vice-Chancellor, after consultation withthe Chancellor, determines that it isimpracticable to convene a special meetingof the Council

the Vice-Chancellor may convene a meeting of

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such of the Chancellor, Deputy Chancellor,Vice-Chancellor, the Chairs for the timebeing of the Finance and Audit Committee,Buildings and Campus Committee, andAcademic Senate as appear to the Vice-Chancellor to be available, to determine thematter on Council’s behalf. Any decisions sotaken shall be reported to the next meetingof Council.

Made by Council on 18 March 1994.

Ordinance No. 33

Of Academic DressNote: The following Ordinance has been modified in accordance

with Ordinance Number 50 and Ordinance Number 55.

Note also: Revised schedules for this Ordinance on page 331.

The Council of the University of Tasmania in pursuanceof and exercise of the powers conferred on it by theUniversity of Tasmania Act 1992 hereby makes thefollowing Ordinance:1 The academic dress shall be␣–

(a) For undergraduates and holders of associatediplomas:(i) a plain black stuff gown similar to that

worn by scholars in the University ofOxford;

(ii) a black cloth trencher cap with blacktassel.

(b) For holders of diplomas not being graduates:(i) a gown of black cloth, of the same shape

as that worn by Bachelors of Arts in theUniversity of Oxford;

(ii) a black cloth trencher cap with blacktassel;

(iii) a stole of silk 10 centimetres wide,tapering to 4.5 centimetres across theshoulders, and of the length of the gownon each side. The colour of the stole shallbe as determined for the relevant facultyin Schedule 1.

(c) For bachelors:(i) a gown of black cloth, of the same shape

as that worn by Bachelors of Arts in theUniversity of Oxford;


(iii) a hood of black silk of the same shapeand size as that worn by Bachelors ofArts in the University of Oxford, lined toa depth of 5 centimetres with colouredsilk in the tippet and cowl. The silk is tobe the relevant colour specified inSchedule 1 or Schedule 2.

(d) For holders of diplomas being graduates:The academic dress pertaining to the degree

held by the diplomate before admission tothe course for the diploma.

(e) For masters other than Master of Surgery:(i) a gown of black cloth, of the same shape

as that worn by Masters of Arts in theUniversity of Oxford;


(iii) a hood of black silk of the same shapeand size as that worn by Masters of Artsin the University of Oxford, linedentirely with silk. The colour of the silklining shall be as determined for thatdegree in Schedule 1.

(f) For doctors of philosophy:(i) a festal gown of black cloth, fully lined

in the sleeves and faced on the fulllength of the lapels to a width of 10centimetres with scarlet silk;

(ii) a black velvet bonnet trimmed withscarlet cord and tassel;

(iii) a hood of scarlet cloth of the same shapeand size as that worn by Masters of Artsin the University of Oxford, lined withscarlet silk.

(h) For members of Council:(i) a master’s gown, ornamented with gold

braid 2.5 centimetres long running fromfront to back on each shoulder;

(ii) a black cloth trencher cap with blacktassel.

(i) For the Chancellor, Deputy Chancellor andVice-Chancellor:(i) a black gown trimmed with gold braid;(ii) either a black velvet bonnet trimmed

with gold cord and tassel, or a blackvelvet trencher cap with gold tassel.

2 The use of academic dress shall not be obligatoryon any person for any purpose or on anyoccasion.

3 This Ordinance shall take effect on 18 March 1994.Made by Council on 18 March 1994.

SCHEDULE 1 [a]

Faculty Colour British ColourCouncilSpecification

Faculty of Business [now renamedFaculty of Commerce & Law]All awards Orange BCC57

Faculty of Design [now part of theFaculty of Science & Engineering]All awards Dark pink BCC198

Faculty of EducationAll awards Light blue BCC118




Faculty of Engineering & Surveying[now part of theFaculty of Science & Engineering]Bachelor of Surveying, andBachelor of Surveyingwith Honours Green muscat BCC76

All other awards Emerald green BCC100

Faculty of Humanities & Social Sciences[now renamed Faculty of Arts]All awards Dark blue BCC218

Faculty of Law [now part of theFaculty of Commerce & Law]All awards Crimson BCC36

Faculty of Medicine & Pharmacy [now renamedFaculty of Health Science]Bachelor of Pharmacy Saffron BCC54

All other awards, except Bachelorof Medical Science (see Schedule 2) Lilac BCC176

Faculty of Nursing [now part of theFaculty of Health Science]All awards Blue green BCC122

Faculty of Science & Technology[now renamedFaculty of Science & Engineering]Bachelor of Agricultural ScienceBachelor of Agricultural Sciencewith HonoursMaster of Agricultural Science Brown BCC133

Master of EnvironmentalStudies Light pink BCC32

All other awards White BCC1

Faculty of Visual & Performing Arts[now part of the Faculty of Arts]Associate Diploma in MusicDiploma of MusicBachelor of MusicBachelor of Music with HonoursMaster of MusicAssociate Diploma of Arts in DramaBachelor of Performing Arts Silver grey BCC153

All other awards Satinwood BCC65

Doctor of Philosophy Scarlet BCC210

SCHEDULE 2 [a]

Colours for Combined Degrees, and Bachelor ofMedical Science

In the case of the following bachelor degrees, the silklining of the hood shall comprise two parallel andadjoining bands, each 2.5 centimetres wide in thecolours described below for the various degrees, in eachcase the colour first listed being on the outside.

Faculty Colour British ColourCouncilSpecification

Bachelor of Medical Science White & BCC1 & lilac BCC176

Combined degrees (including honours degrees)

Bachelor of Arts & Dark blue BCC218Bachelor of Laws & crimson & BCC36

Bachelor of Economics & Orange & BCC57 &Bachelor of Laws crimson BCC36

Bachelor of Commerce & Orange & BCC57 &Bachelor of Laws crimson BCC36

Bachelor of Science & White & BCC1 &Bachelor of Laws crimson BCC36

Bachelor of Computing & White & BCC1 &Bachelor of Laws crimson BCC36

Bachelor of Science & White & BCC1 &Bachelor of Engineering emerald green BCC100

[a] See Appendix on page 331 for a copy of theproposed revised schedules for this ordinance.

Ordinance No. 36

Of Academic Assessmentsand Academic Progress

Note: The following Ordinance has been modified in accordance

with Ordinance Numbers 43, 47.

The Council of the University of Tasmania in pursuanceand exercise of the powers conferred upon it by theUniversity of Tasmania Act 1992 hereby makes thefollowing Ordinance.

Application1 This Ordinance shall apply to all courses for

degrees, diplomas and certificates other thandoctorates and masters degrees by research.


(a) ‘academic dean’ includes a person to whoman academic dean has delegated any poweror duty conferred or imposed upon anacademic dean by this Ordinance;

(b) ‘assessor’ means an assessor appointed by orunder paragraph 7;

(c) ‘committee of assessors’ means a committeeestablished under paragraph 8;

(d) ‘census date’ has the meaning attributed to itby section 34(1) of the Higher EducationFunding Act 1988 of the Commonwealth;

(e) ‘course’ means the total of a group of unitsrequired to be completed as qualification foran award;

(f) ‘deferred ordinary examination’ means a

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formal examination permitted pursuant toparagraph 16;

(g) ‘enrolment load’, in relation to a student,means the percentage of a full year’s courseof study determined by the faculty in whichthat student is enrolled in a particular year;

(h) ‘faculty pass’ means a pass awarded by afaculty to a student in a unit in which theassessor did not award a pass grade, after aconsideration of the student’s overallperformance in that academic year;

(i) ‘formal examination period’ means a perioddetermined as such by the Academic Senateunder paragraph 11;

(j) ‘ordinary examinations’ means the formalexaminations conducted pursuant toparagraph 12;

(k) ‘Academic Registrar’ includes a person towhom the Academic Registrar has delegatedany power or duty conferred or imposedupon the Academic Registrar by thisOrdinance;

(l) ‘off campus student’ means a studentstudying by distance education or at a studycentre other than at the University at Hobartor the University at Launceston;

(m) ‘study centre’ means a centre for studyestablished by the University at Devonport,Burnie and such other place outside Hobartand Launceston as may be determined fromtime to time;

(n) ‘supplementary examination’ means anexamination authorised under paragraph 18;

(o) ‘terminating pass’ means a pass awarded bya faculty to a student in a unit in which theassessors did not award a pass grade, whichdoes not constitute a pass which mayconstitute a prerequisite for enrolment inanother unit; and

(p) ‘unit’ means a separately assessable part of acourse leading to an award.

Assessment3 (1) A student enrolled in a unit shall be assessed

in that unit in accordance with theprovisions of this Ordinance.

(2) Assessors may use the following methods ofassessment:(a) formal examinations conducted by the

Academic Registrar;(b) written or oral tests conducted by the

assessors; and(c) the assessment of a student’s

performance, including performance inlaboratory and tutorial classes and inwritten assignments.

(3) Assessors, with the approval of the relevantfaculty and the Academic Senate, may use

any other method of assessment as theyconsider appropriate.

(4) Notwithstanding any provision of theOrdinance, in exceptional circumstancesspecial assessment procedures may be usedwith the approval of the Academic Registrar,who shall report his approval to theAcademic Senate.

Time of assessment4 (1) Where a formal examination is used as a

method of assessment it shall be conductedin accordance with the provisions of thisOrdinance.

(2) Where a method of assessment other than aformal examination is used, it shall beconducted at such time or times as may bedetermined by the assessors.

Notification of assessment procedures5 No later than the commencement of the semester

in which a unit is to be taught there shall bemade available in writing to each studentenrolled in that unit explicit details of theassessment procedures which will apply in thatunit, including details as to the method ofassessment, the criteria which will be applied,attendance and performance requirements and atimetable of internal tests and assignments andother assessment deadlines.

Attendance requirements6 (1) Unless exempted by the academic dean, a

student enrolled in a unit shall␣–(a) attend not less than two thirds, or such

greater proportion as may be specifiedin the relevant assessment procedures,of the lectures and tutorial and practicalclasses given in that unit; and

(b) perform to the satisfaction of theassessors such tests, exercises andpractical work as may be set by anassessor.

(2) Where a student has not satisfied therequirements of subparagraph (1), the headof department, prior to the commencementof an examination period, may exclude thatstudent from any examination in that unit tobe conducted during that examinationperiod.

Assessors7 (1) The assessors for a unit shall be␣–

(a) the head of the department which isresponsible for the teaching of that unit;and

(b) one or more other persons appointed forthe purpose by the head of thatdepartment.

(2) Where an assessor has a close family or




personal relationship with a student enrolledin the relevant unit␣–(a) the assessor shall inform the head of the

department of that fact or, if the assessoris the head of the department, shall soinform the deputy head of thedepartment; and

(b) the head or deputy head of thedepartment (as the case may be) shalltake all steps necessary to ensure thatthe assessment of that student is carriedout in an equitable manner.

Assessment committees8 (1) For each course there shall be an assessment

committee comprising the assessors for allunits comprised in the course.

(2) A faculty may determine that the assessorsin two or more courses meet jointly as oneassessment committee.

(3) An assessment committee shall be chaired bythe academic dean of the faculty responsiblefor the course or courses.

Grades of pass9 (1) Except where otherwise determined by the

Academic Senate, a percentage mark shall beprovided to a student in respect of a unit.

(2) The following grades of pass, requiring thepercentage mark indicated, may be awarded:pass at least 50% but less than 60%credit at least 60 % but less than 70%distinction at least 70% but less than 80%high distinction at least 80%

(3) A faculty may elect to award terminatingpasses and/or faculty passes.

(4) A faculty may determine that, in respect of aunit designed to do no more than to impart aminimum level of practical skill, the onlygrade of pass to be awarded shall be a pass.

(5) No credit, distinction or high distinction maybe awarded at a supplementary examination.

Failure10 A student shall be deemed to have failed in a

unit where that student␣–(a) does not achieve a pass in accordance with

paragraph 9;(b) is excluded from the relevant examination

under paragraph 6;(c) unless the academic dean on written

application otherwise determines,withdraws from that unit␣–(i) after the census date where the unit is

taught over one semester; or(ii) after the first week of the second

semester where the unit is taught overthe whole of an academic year; or

(d) is absent from an examination in that unit

and is not granted a deferred ordinaryexamination.

Formal examinations generally11 (1) There shall be formal examination periods␣–

(a) for ordinary examinations after the endof teaching in each semester; and

(b) for deferred ordinary andsupplementary examinationssubsequent to the ordinaryexaminations.

(2) Where it is necessary to conduct formalexaminations outside normal business hoursthey shall be conducted on Saturdays inpreference to evenings or Sundays.

(3) Subject to subparagraphs (4) and (5), astudent shall sit for an examination at theplace where that student is enrolled.

(4) Upon application in writing to the AcademicRegistrar made not later than 28 days beforethe commencement of the relevant formalexamination period and after payment ofsuch fee (if any) as may have beenprescribed by the Academic Registrar, an off-campus student may be permitted by theAcademic Registrar to sit an examination ata study centre other than the study centre atwhich that student is enrolled.

(5) Upon application in writing to the AcademicRegistrar made not later than 28 days beforethe commencement of the relevant formalexamination period and after payment ofsuch fee (if any) as may have beenprescribed by the Academic Registrar, astudent who resides at least 100 kilometresby road from the nearest campus or studycentre and who would suffer inordinatehardship if required to sit for an examinationon campus, may be permitted by theAcademic Registrar to sit that examination atsome other place, which normally isexpected to be within Australia, under thesupervision of invigilators appointed by theAcademic Registrar.

(6) At each examination␣–(a) there shall be a writing period of two or

three hours;(b) there shall be a reading period of ten

minutes immediately preceding thewriting period when students may readthe paper but may not write;

(c) supervision will be provided byinvigilators appointed by the AcademicRegistrar; and

(d) otherwise the procedure shall be asdetermined by the Academic Registrarfrom time to time.

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Ordinary examinations12 (1) Where a formal examination is used as a

method of assessment in a unit suchexamination shall be known as an ordinaryexamination

(2) Ordinary examinations shall be held by theAcademic Registrar at times to bedetermined by the Academic Senate.

(3) The ordinary examination for a unit taughtover one semester shall be held at the end ofthat semester.

(4) The ordinary examination for a unit taughtover the whole of an academic year shall beheld, in the discretion of the assessors, at theend of the second semester or partly at theend of the first semester and partly at theend of the second semester.

(5) The ordinary examination for a unit taughtother than over one semester or over oneacademic year shall be held at such time as isdetermined by the assessors and approvedby the Academic Registrar.

Deferred ordinary and supplementaryexaminations13 Deferred ordinary and supplementary

examinations shall be conducted, on dates to bedetermined by the Academic Registrar, asfollows:(a) first semester deferred ordinary and

supplementary examinations after the end ofthat semester but before the commencementof the second week of the second semester;

(b) second semester deferred ordinary andsupplementary examinations after the end ofthat semester but not later than 31 January inthe following year.

Assessors’ results for ordinaryexaminations14 Not later than noon on the fifth working day

following the last day of the formal examinationperiod for ordinary examinations, assessors shallforward results to the Academic Registrar whoshall provide schedules of results for the use ofthe committees of assessors no later than thefollowing Monday.

Meetings of committees of assessors15 (1) Upon the schedules of results referred to in

paragraph 14 being available, eachcommittee of assessors shall meet to reviewthe recommendations of the assessors and todetermine the results of each student in eachunit of that course.

(2) If following the meeting of the committee ofassessors an assessor has reason to alter anassessment, that altered assessment may be

approved on behalf of the committee ofassessors by the academic dean.

(3) The academic dean shall formally approveall results on behalf of the Academic Senateand cause students to be notified thereof,including the percentage mark obtained if apercentage mark has been awarded.

(4) In a special case the result of a student in aunit may be withheld for a period not longerthan until the commencement of the relevantdeferred ordinary and supplementaryexamination period.

(5) Where a student has been notified of a resultpursuant to this paragraph that result maynot be altered except␣–(a) by way of correcting an error;(b) to give effect to the result of an

assessment review under paragraph 21;or

(c) to give effect to the determination of agrievance under paragraph 25A.

Eligibility to sit for a deferred ordinaryexamination16 (1) A student who has been prevented by reason

of illness or other serious cause from sittingan ordinary examination in a unit, whichthat student was eligible to sit, may apply inwriting to the Academic Registrar forpermission to sit a deferred ordinaryexamination in that unit.

(2) The Academic Registrar may approve suchan application after consultation with therelevant academic dean where appropriate.

(3) The Academic Registrar from time to timeshall issue guidelines to student indicatingwhen applications for permission to sit for adeferred ordinary examination are to bemade and the nature of the evidence insupport thereof which is required.

(4) A student who is prevented for any reasonfrom sitting for a deferred ordinaryexamination shall not be entitled to anyfurther examination.

(5) In exceptional circumstances the AcademicRegistrar may permit a student to sit for adeferred ordinary examination outside thenormal period.

Eligibility for special assessmentarrangements17 (1) In exceptional circumstances the Academic

Registrar, acting on the advice of theacademic dean, may vary the assessmentarrangements for a student who is notprevented from sitting for an examinationbut who has suffered serious illness during asemester.




(2) Without affecting the generality ofsubparagraph (1), in such circumstances theAcademic Registrar may permit the studentto sit for some examinations during theordinary examination period and otherexaminations during the supplementaryexamination period.

Eligibility for supplementary examinations18 (1) A student may be allowed to sit for a

supplementary examination in a unit at theend of a semester by the committee ofassessors acting on the advice of theassessors in that unit.

(2) A student who is allowed to sit for asupplementary examination shall be given atleast seven days’ notice of that fact.

(3) The Academic Senate may prescribeguidelines, not inconsistent with thisOrdinance, to be applied by committees ofassessors in considering whether a studentought to be allowed to sit for asupplementary examination.

Assessors’ results for deferred ordinaryand supplementary examinations19 Not later than noon on the fifth working day

following the last day of the formal examinationperiod for deferred ordinary and supplementaryexaminations, assessors shall forward results tothe Academic Registrar who shall provideschedules of results for the use of the academicdeans no later than the following Monday.

Assessment of deferred ordinary andsupplementary examinations20 (1) Upon the schedules of results referred to in

paragraph 19 being available each academicdean shall determine the results of eachstudent in each unit of that course.

(2) If an assessor has reason to alter anassessment that altered assessment may beapproved by the academic dean.

(3) The academic dean shall formally approveall results on behalf of the Academic Senateand cause students to be notified thereof,including the percentage mark obtained if apercentage mark has been awarded.

(4) Where a student has been notified of a resultpursuant to this paragraph that result maynot be altered except␣–(a) by way of correcting an error;(b) to give effect to the result of an

assessment review under paragraph 21;or

(c) to give effect to the determination of agrievance under paragraph 25A.

Re-assessment21 (1) Within 14 days of being notified of the result

in a unit under paragraph 15 or paragraph20, a student by written request to theAcademic Registrar accompanied by suchstandard fee as the Academic Registrar mayhave fixed for the purpose may require areview of the final assessment in a unit.

(2) Upon such a request being made there shallbe a review of the student’s assessment, ifpracticable, by a different assessor, whichreview shall include a remarking of anyexamination paper and a check to ensurethat all relevant work has been assessed andall marks have been totalled correctly.

(3) In the event that the review discloses that thestudent should have received a higher gradeor percentage mark the result of the studentin the unit shall be amended accordingly andthe fee paid for the review refunded.

(4) A request for a review under this paragraphdoes not constitute a grievance for thepurposes of the Ordinance of StudentGrievance Procedures.

Advice as to progress22 Where a unit is taught over a period extending

beyond one semester, then, after the conclusionof the first semester during which that unit istaught, a student is entitled to be advised by anassessor␣–(a) if there has been an ordinary examination in

that unit at the end of that semester but themarks obtained by that student have notbeen disclosed, of the standard of thestudent’s work in that examination; or

(b) if there has not been an ordinaryexamination in that unit at the end of thatsemester, of the standard of the student’sassessable work done during that semester.

Publication of guidelines23 (1) From time to time the Academic Senate may

issue guidelines for the use of academic staffin counselling students as to the assessmentof their academic performance.

(2) Guidelines under subparagraph (1) shallinclude information as to the responsibilityof staff under any Freedom of Informationlegislation.

Academic progress review24 (1) At the end of each academic year the

academic dean shall conduct an academicprogress review in respect of each studentwho has␣–(a) failed to pass at least 50% of the

enrolment load undertaken by that

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student in that year;(b) failed a unit for the second time; or(c) failed to satisfy any particular progress

requirement prescribed by the faculty.(2) Having carried out the review, the academic

dean may determine that a student␣–(a) be excluded from further enrolment in

the relevant course;(b) be re-admitted to that course on

probation with or without restrictions orconditions; or

(c) be re-admitted to the courseunconditionally.

(3) The academic dean shall report the result ofan academic progress review to the faculty.

(4) A department may conduct an informalacademic progress review after the end ofthe first semester and provide appropriatecounselling to students who are the subjectof such a review.

References to a faculty review committee25A (1) A student who is aggrieved at being

excluded from further enrolment in a courseas the result of an academic progress reviewmay give notice in writing to the AcademicDean that he or she requires the grievance tobe considered by a faculty progress reviewcommittee.

(2) A notice under subparagraph (1) shallspecify the grievance with particularity.

(3) Upon receiving a notice under subparagraph(1), the Academic Dean shall convene afaculty progress review committee for thepurpose of dealing with the grievance,which committee shall consist of theAcademic Dean or a person nominated bythe Academic Dean as chairperson and twoother members of the teaching staff of thefaculty appointed by the Academic Dean.

(4) Notwithstanding subparagraph (3), the headof the Academic Department concerned withthe grievance may not be a member of thecommittee but may attend any meetingthereof.

(5) The provisions of paragraphs 27 to 31 of theOrdinance of Student Grievance Proceduresshall apply to the consideration of agrievance under this paragraph, as if␣–(a) references therein to the faculty

grievance committee were references tothe faculty progress review committee;and

(b) paragraph 28 (a) did not appear therein.Re-admission after exclusion26 (1) On application by a student who has been

excluded from further enrolment in a course

after an academic progress review to bepermitted to enrol in that course in asubsequent year, the faculty may grant thatapplication.

(2) In considering an application undersubparagraph (1), the faculty shall take intoaccount␣–(a) the applicant’s total academic record,

including the record in the relevantdiscipline before exclusion;

(b) the applicant’s activities since exclusion,including any relevant employment andstudies undertaken in any otherdiscipline or institution;

(c) any evidence to suggest a change incapacity, attitude or motivation;

(d) the extent of the competition for placesin the faculty; and

(e) the availability of places in the yearwhich the applicant wishes to enter.

Operative date27 This Ordinance takes effect from 16th September

1994.Made by Council on the 16th day of September 1994.

Ordinance No. 37

Of the Chancellor and DeputyChancellors

The Council of the University of Tasmania in pursuanceof and in exercise of the powers conferred upon it bythe University of Tasmania Act 1992 hereby makes thefollowing Ordinance.1 Ordinance No 1, Of the Chancellor and Deputy

Chancellors, is rescinded.2 The Chancellor shall be a member ex officio of

every board, faculty and committee within theUniversity.

3 Nothing in any Ordinance relating to the Vice-Chancellor shall affect the precedence orauthority of the Chancellor.

4 There shall be at least one Deputy Chancellor.5 Council may determine from time to time that

there be one or more additional DeputyChancellors.

6 If there is more than one Deputy Chancellor, theDeputy Chancellors shall take precedence asbetween themselves according to the respectivedates upon which each was first elected to thatoffice.

7 Unless otherwise determined by Council in anyparticular case, the term of office of theChancellor and of any Deputy Chancellor, shallbe for a period of four years, commencing onsuch date as Council may determine providedthat where a vacancy arises other than byeffluxion of time, it shall be filled for the




unexpired portion of the relevant term.8 The Vice-Chancellor shall give notice to the

members of Council of any vacancy orimpending vacancy in the office of Chancellor orDeputy Chancellor␣–(a) at least six months prior to the occurrence of

a vacancy by effluxion of time; and(b) forthwith upon the occurrence of a vacancy

by death or resignation;and invite the members of Council to convey to

him any proposals on the matter.9 At the meeting of Council next following the

expiration of 21 days from the giving of a noticeunder paragraph 8 the Vice-Chancellor shallreport upon any proposals received by him andmake any recommendations which me mayhave.

10 Having considered a report of the Vice-Chancellor under paragraph 9, the Council mayappoint a committee to advise it on the filling ofthe vacancy.

11 Having considered a report of the Vice-Chancellor under paragraph 9 or, if it resolves toappoint a committee under paragraph 10, havingconsidered the report of such committee theCouncil may␣–(a) resolve that a person be elected to fill the

vacancy; or(b) resolve that the vacancy be filled by ballot.

12 The following provisions shall apply to anyelection by ballot for Chancellor or DeputyChancellor:(a) the Secretary to Council or nominee shall act

as returning officer;(b) Council shall determine the date by which

nominations are to be called;(c) not later than the date determined under

subparagraph (b) the returning officer shallgive notice in writing to each member ofCouncil, inviting nominations for the officeto be filled, within the period of 14 days nextfollowing;

(d) a nomination shall be in writing addressedto the returning officer signed by at least twomembers of Council and bearing oraccompanied by the consent in writing of thecandidate. For the purposes of thisparagraph a consent transmitted by facsimileshall be deemed to be consent in writing;

(e) where two or more Deputy Chancellors areto be elected, one election may be held to fillthe vacancies;

(f) if the number of nominations does notexceed the number of vacancies to be filled,the returning officer shall declare thenominee or nominees elect;

(g) if the number of nominations exceeds thenumber of vacancies to be filled, thereturning officer shall conduct a ballot;

(h) the procedures to apply to a ballot shall be asdetermined by Council from time to time;

(i) the returning officer shall report the result ofany election to the next meeting of Council.

13 In the event of there being a vacancy in the officeof Chancellor, the Deputy Chancellor, or, if thereis more than one Deputy Chancellor, the DeputyChancellor taking precedence, shall act asChancellor and exercise the power and performthe functions of the Chancellor until the office ofChancellor is again filled.

14 The provisions of this Ordinance shall take effecton and from 27 May 1994.

Made by Council on 27 May 1994.

Ordinance No. 39

Of the Menzies Centre Board Note: The following Ordinance has been modified in accordancewith Ordinance Number 47 and Ordinance No. 61

The Council of the University of Tasmania in pursuanceof and in exercise of the powers conferred upon it bythe University of Tasmania Act 1992 hereby makes thefollowing Ordinance:1 (1) There is established a Standing Committee of

the Council to be known as the Board of theMenzies Centre for Population HealthResearch, comprising␣–(a) the Vice-Chancellor, or nominee(b) the dean of the Faculty of Health

Science, or nominee(c) the Director of the Menzies Centre(d) the Secretary of the Department of

Community and Health Services, ornominee

(e) two members appointed by the MenziesFoundation

(f) five members appointed by Council.(2) The Council shall appoint the Chairman of

the Board from among the members of theBoard, after consultation with the MenziesFoundation.

(3) A member of the Board appointed asnominee under paragraph 1(1) (a) orappointed under paragraph 1(1) (e) or (f)may be removed at any time by notice inwriting to the Registrar from the person orbody having the power to appoint themember of the relevant category.

2 The functions of the Board are to advise theCouncil, and the Director of the Menzies Centreas to␣–(a) the funding of the Centre, including funding

from sources outside the University;

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(b) the relationship of the Centre with theprofession and the broader community;

(c) the accommodation and facilities of theCentre;

(d) the staffing of the Centre.3 This Ordinance shall take effect from 27 May

1994.Made by Council on 27 May 1994.

Ordinance No. 40

Of the Board of GraduateStudies by Research

Note: The following Ordinance has been modified in accordance

with Ordinance No. 47.

The Council of the University of Tasmania in pursuanceof and in exercise of the powers conferred upon it bythe University of Tasmania Act 1992 hereby makes thefollowing Ordinance:


(a) ‘the Academic Dean’ means the AcademicDean of Graduate Studies by Researchappointed pursuant to this Ordinance;

(b) ‘the Board’ means the Board of GraduateStudies by Research established by thisOrdinance;

(c) ‘candidate’ means a person enrolled for ahigher degree subject to the Rules;

(d) ‘the Committee’ means the Research HigherDegrees Committee established by thisOrdinance; and

(e) ‘the Rules’ means the Rules of Higher Degreesby Research as in force from time to time.

The Board of Graduate Studies by Research2 There shall be a Board of Graduate Studies by

Research.3 The Board shall consist of␣–

(a) the Chancellor;(b) the Vice-Chancellor;(c) each Deputy Vice-Chancellor;(d) the Pro-Vice-Chancellor;␣[a]

(e) the Chairperson of the Academic Senate or,if the Vice-Chancellor occupies that office,the Deputy Chairperson of the AcademicSenate;

(f) the Academic Registrar;(g) the University Librarian;␣[b]

(h) each member of the academic staff who forthe time being is the supervisor of acandidate;

(i) each member of the Committee holdingoffice as such pursuant to paragraph 10 (d);

(j) such number of candidates as Council maydetermine from time to time, which number

shall be six until Council otherwisedetermines;

(k) such other persons as may be appointed bythe Council on the recommendation of theBoard.

4 The members of the Board referred to inparagraph 3 (j)␣–

(a) shall be elected at such times, in suchmanner and for such term as the Board maydetermine from time to time; and

(b) shall cease to hold office as such uponceasing to be a candidate or upon givingnotice of resignation to the AcademicRegistrar.

5 The functions of the Board are:(a) subject to the authority of the Council and of

the Academic Senate, to be responsible forprograms of study and research leading toawards under the Rules;

(b) to give advice to the Academic Senate and tothe Council on any matter pertaining to anaward subject to the Rules; and

(c) to exercise the powers conferred upon it bythis or any other Ordinance.

6 The following provisions shall apply to meetingsof the Board:(a) meetings of the Board shall be convened by

the Academic Dean as and when requiredfor the discharge of its business;

(b) meetings shall be chaired by the AcademicDean if present, or in his absence, by suchmember of the Board as the meeting mayelect;

(c) the quorum for a meeting of the Board shallbe such number of its members as theCouncil may determine from time to time,and until so determined shall be 25;

(d) otherwise the Board may regulate its ownprocedure.

7 From time to time, the Academic Registrar shallappoint a person to act as Secretary to the Board.

The Dean of Graduate Studies by Research8 (1) There shall be an Academic Dean of

Graduate Studies by Research who shall bedeemed to be an Academic Dean of a Facultyfor the purposes of any other Ordinance andof any rule.

(2) Subject to subparagraph (3), the provisionsof paragraphs 6 and 7 of the Ordinance ofFaculties are deemed to be incorporated intoand form part of this Ordinance as if thereferences therein to a Faculty werereferences to the Board.

(3) The person first elected Academic Dean afterthis Ordinance takes effect shall be elected




for a term which ends on 31 December 1996.

The Research Higher Degrees Committee9 There shall be a Research Higher Degrees

Committee which shall be a committee of theBoard.

10 The Committee shall consist of␣–(a) the Academic Dean;(b) the Pro-Vice-Chancellor;␣[a]

(c) the Chairperson of the Academic Senate or,if the Vice-Chancellor occupies that office,the Deputy Chairperson of the AcademicSenate;

(d) six members elected by the Board fromamongst those of its members who are full-time members of the academic staff of theUniversity; and

(e) one member elected by the candidates fromamongst their own number.

11 (1) The members of the Committee referred toin paragraphs 10 (d) and 10 (e) shall beelected at such times and in such manner asthe Board may determine from time to time.

(2) Subject to subparagraph (3), the members ofthe Committee elected under paragraph 10(d) shall be elected for a term of two yearscommencing from 1 January next followingtheir election.

(3) Of the members of the Committee firstelected for the purposes of paragraph 10 (d)after this Ordinance takes effect␣–(a) the three polling the highest number of

votes shall be elected for a term endingon 31 December 1996;

(b) the other three shall be elected for a termending on 31 December 1995.

(4) Subject to subparagraph (5), the member ofthe Committee elected under paragraph 10(e) shall be elected for a term of one yearcommencing from 1 January next followinghis or her election.

(5) The member of the Committee first electedfor the purposes of paragraph 10 (e) after thisOrdinance takes effect shall be elected for aterm ending on 31 December 1994.

12 A member of the Committee elected for thepurposes of paragraph 10 (d) or 10 (e) shall ceaseto hold office as such␣–(a) upon ceasing to be a member of the full-time

academic staff or a candidate, as the casemay be;

(b) upon giving notice of resignation in writingto the Academic Registrar;

(c) upon becoming the holder of an officespecified in paragraphs 10 (a), 10 (b) or 10 (c).

13 (1) Where a member of the Committee elected

for the purposes of paragraph 10 (d) or 10 (e)cases to hold office as such then the vacancyshall be filled in the same manner asprovided under paragraph 11(1).

(2) A member of the Committee elected undersubparagraph (1) shall hold office for theunexpired portion of the term of the formermember.

14 The functions of the Committee are␣–(a) to administer the candidature and

examination for awards the subject of theRules;

(b) to make recommendations to the AcademicSenate as to the award of such degrees;

(c) to monitor the observance of any code ofconduct applying to the supervision ofcandidates;

(d) to monitor the quality of the supervision ofcandidates.

15 From time to time the Academic Registrar shallappoint a person to act as Secretary to theCommittee.

16 The following provisions shall apply to meetingsof the Committee:(a) meetings of the Committee shall be

convened by the Academic Dean as andwhen required for the discharge of itsbusiness;

(b) meetings shall be chaired by the AcademicDean if present, or in his absence, by suchmember of the Committee as the meetingmay elect;

(c) the person chairing a meeting of theCommittee may rule that an item of businessbefore the meeting is to remain confidentialto members who are members of theacademic staff of the University and in suchevent␣–(i) the member of the Committee elected for

the purposes of paragraph 10 (e) shallnot be present at the meeting whilst suchitem is discussed; and

(ii) the matter shall remain confidentialaccordingly;

(d) otherwise the Committee may regulate itsown procedure.

17 The Committee may authorise one of itsmembers to act on its behalf between meetings.

Effective date18 This Ordinance takes effect on 27 May 1994.Made by Council on 27 May 1994.

[a] i.e. Pro-Vice-Chancellor (Research)[b] pending changes to the legislation, ‘University

Librarian’ is understood to refer to ‘Pro-Vice-Chancellor (Information Services)’

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Ordinance No. 42

Of the Student Services andAmenities Fees and Affiliate

Student AssociationsNote: The following Ordinance has been modified in accordance

with Ordinance Numbers 46, 47, 54.

The Council of the University of Tasmania in pursuanceand exercise of the powers conferred upon it by theUniversity of Tasmania Act 1992 hereby makes thefollowing Ordinance:

Division I␣– General

Repeal1 The following are rescinded:

(a) Division I of Statute XXIV␣– Of Fees, Chargesand Deposits, made pursuant to theTasmanian University Act 1951;

(b) Statute XXVIII␣– Of the Tasmania UniversityUnion, made pursuant to the TasmanianUniversity Act 1951; and

(c) Advanced Education Regulations 1974(Statutory Rules 1974, No 127).

Operative effect2 The provisions of this Ordinance shall operate

notwithstanding any provision contained in aconstitution and, in the case of inconsistency, theprovisions of this Ordinance shall prevail.


(a) ‘association’ means a student association ororganisation affiliated or deemed to beaffiliated with the University pursuant toparagraph 11;

(b) ‘census date’ has the meaning attributed to itby section 34 (1) of the Higher EducationFunding Act 1988 of the Commonwealth;

(ba) ‘Chief Electoral Officer’ has the meaningattributed to it by the Electoral Act 1985 andincludes the nominee of the Chief ElectoralOfficer;

(c) ‘constitution’ in relation to an associationmeans its constitution, rules, regulations andother constituent documents;

(d) ‘electoral roll’, in relation to a particularelection or referendum, shall mean the rollprovided by the Academic Registrar for thepurposes of that election pursuant toparagraph 24;

(e) ‘enrolled student’ means a student enrolledin a course of study at the University;

(f) ‘management committee’ means themanagement committee of an association,however the same may be styled, and shallinclude, for so long as the relevant body is

an association, the Board of Management ofthe Tasmania University Union Inc and theManagement Committee of the StudentAssociation Inc;

(g) ‘returning officer’, in relation to a particularassociation, means the person appointed ordeemed to have been appointed to act asreturning officer pursuant to paragraph 22;and

(h) ‘students’ representative council’ means thestudents’ representative council of anassociation, however the same may bestyled, and shall include, for so long as therelevant body is an association, the Students’Representative Council of the TasmaniaUniversity Union Inc and the StudentAssociation Council of the StudentAssociation Inc.

Consultation3 Before the Council␣–

(a) rescinds or amends this Ordinance;(b) varies the proportions provided for by

paragraph 6(3) (a);(c) makes a determination under paragraph 8;

or(d) fixes the proportions provided for by

paragraph 16(1) (g)it shall consult with the students’ representativecouncil and management committee of eachassociation.

Effective date5 (1) This Ordinance shall take effect from 1

January 1995.(2) Notwithstanding subparagraph (1), the

Council may exercise the powers conferredby paragraph 8 and paragraph 16(1) (g) atany time after the adoption of thisOrdinance.

Division II␣– Fees

Payment of fees6 (1) Subject to paragraph 9, a person seeking to

become an enrolled student or to re-enrolshall pay to the University on behalf to therelevant association␣–(a) on first enrolment a services and

amenities entrance fee; and(b) in addition, on first enrolment in each

calendar year a services and amenitiesannual fee

in each case in such amount as is determinedby the Council pursuant to paragraph 8.

(2) A person shall not be enrolled or re-enrolleduntil any fees payable by that personpursuant to subparagraph (1) have beenpaid.




(3) All fees received by the University pursuantto subparagraph (1) shall be paid by it to theappropriate association as follows:(a) where the fee has been paid by a student

who is a member of an association or bya student not a member of an associationwho has elected that the fee paid by himor her be dealt with under this clause␣–(i) 17.5% thereof to the students’

representative council of thatassociation for its purposes; and

(ii) 82.5% thereof to the managementcommittee of that association forother purposes

which proportions may be varied by theCouncil from time to time.

(b) in any other case, the whole thereof tothe management committee of theassociation of which the student wouldhave been a member, had he or she notelected not to be a member thereof, forits purposes.

(4) No part of the fees paid to a managementcommittee pursuant to this paragraph maybe paid by it to a students’ representativecouncil.

Non-payment of fees7 (1) A person who has not paid any services and

amenities entrance or annual fee payable bythat person as an enrolled student pursuantto this Ordinance or pursuant to a statute orregulation repealed by this Ordinance shallnot be re-enrolled or have conferred uponhim or her any degree, diploma or certificateuntil such fee has been paid.

(2) No penalty shall be imposed upon a studentfor the non-payment of any services andamenities fee other than is provided for bythis Ordinance.

Council to fix fees8 (1) Not later than 31 December in each year, the

Council shall determine the amount of theservices and amenities entrance fee and ofthe services and amenities annual feepayable by enrolled students during the nextfollowing calendar year.

(2) The fees fixed under subparagraph (1) shallapply to all enrolled students but by thedetermination fixing the same the Councilalso may determine that there be grantedexemptions from payment or rebates toenrolled students of particular classes, suchclasses to be determined by applying one ormore of the following criteria:(a) the part of the University in which the

student is enrolled;

(b) the number of units in which the studentis enrolled;

(c) whether the student is an internal or anexternal student; and

(d) whether the student is enrolled in anundergraduate or a postgraduate course.

(3) If in any year the Council fails to make adetermination under subparagraph (1), thenthe last determination so made, includingany determination under subparagraph (2),shall apply for the next following calendaryear.

Exemption from payment of fees9 No fees shall be payable under this Division by

an enrolled student who, by reason ofexceptional circumstances, is exempted frompayment by the Vice-Chancellor on therecommendation of the students’ representativecouncil of the relevant association.

Adjustment of fees paid10 (1) If an enrolled student varies his or her

enrolment so that␣–(a) on the census date for the first semester

of a year the units for which that studentis enrolled are such that the services andamenities annual fee, less any applicablerebate, calculated in accordance with thedetermination of the Council pursuantto paragraph 8, is more or less than thatpayable on enrolment; or

(b) on the census date for the secondsemester of a year the units for whichthat student is enrolled are such that theservices and amenities annual fee, lessany applicable rebate, calculated inaccordance with the determination ofthe Council pursuant to paragraph 8, ismore or less than that calculated as atthe census date for the first semester ofthat year

that student shall pay the additional servicesand amenities fee so calculated or shallbe repaid such of the services andamenities fee as has been overpaid, asthe case may be.

(2) If an enrolled student who has paid theservices and amenities entrance feewithdraws from all units no later than thecensus date for the first semester of the yearin which that fee was paid then such feeshall be repaid to such student.

Division III␣– Affiliated Student Associations

Student associations11 (1) The Council may accredit a student

organisation or association as being a

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student association affiliated with theUniversity and may withdraw suchaccreditation.

(2) Until the Council otherwise determines, thefollowing are deemed to be accreditedpursuant to subparagraph (1) as studentassociations affiliate with the University:(a) Tasmania University Union Inc; and(b) Student Association Inc.

Objects of student associations12 The objects of an association shall be to promote

and represent the intellectual, material, social,sporting and cultural interests of enrolledstudents and matters incidental thereto.

Membership of student associations13 (1) Subject to subparagraph (6), each enrolled

student shall be a member of suchassociation as the Council may prescribe asbeing the appropriate association forstudents of the category into which thatstudent falls.

(2) No membership fee shall be payable by anymember of an association who is an enrolledstudent.

(3) The Council may prescribe one association tobe the appropriate association for allstudents.

(4) Until the Council otherwise prescribes, theappropriate association␣–(a) for students enrolled in the University at

Hobart, and for students enrolled in theUniversity at Launceston participatingin distance education courses at Hobart,shall be the Tasmania University UnionInc; and

(b) for student enrolled in the University atLaunceston (other than thoseparticipating in distance educationcourses at Hobart) shall be the StudentAssociation Inc.

(5) Notwithstanding subparagraphs (1) and (4),where, by reason of the location of that partof the University attended by a student, theAcademic Registrar considers that it wouldbe appropriate that the appropriateassociation for that student be one other thanthat determined under such subparagraph,the Academic Registrar may determinewhich association is the appropriateassociation for that student.

(6) An enrolled student may, at any time, bynotice in writing given to the AcademicRegistrar in the form provided to thatstudent by the Academic Registrar uponwritten application␣–

(a) elect not to be a member of anassociation; or

(b) elect not to be a member of anassociation but that the fees paid by himor her be dealt with in accordance withparagraph 6(3) (a)

and such notice shall take effect accordingly.

Governance of student associations14 The affairs of an association shall be governed

by␣–(a) a students’ representative council;(b) a management committee.

Constitution of management committees15 (1) A management committee shall consist of

members of the association and of personsappointed by the Council by reason of theirprofessional or business experience.

(2) The number of persons appointed by theCouncil as members of a managementcommittee shall be not more than one lessthan the number of members of the relevantassociation which its constitution providesshall be members of the managementcommittee.

(3) A management committee shall have achairman who shall be appointed by it fromamongst the members appointed by theCouncil.

(4) Upon the appointment of a member of themanagement committee by that Council itshall determine the period for which suchperson is to hold that office.

(5) The Council at any time may remove fromoffice a member of a management committeeappointed by it.

Powers and functions of managementcommittees16 (1) A management committee shall have the

following powers and functions:(a) to act as the committee of the association

for the purposes of the AssociationsIncorporation Act 1964;

(b) to be the employer of all staff employedfor the purposes of the association;

(c) to have the control of all lands andproperty owned or occupied by theassociation, other than those intended tobe used for sporting purposes andacquired by a sports council operatingunder the auspices of the association;

(d) to have the control and management ofthe administrative services of theassociation;

(e) to have the control and management ofall the commercial and trading activities




of the association;(f) to provide proper administrative, office

and meeting services, facilities andequipment to the students’representative council of the associationand to its subsidiary council andcommittees and to societies and sportingclubs affiliated therewith; and

(g) to pay to subsidiary councils andcommittees of the association for theirrespective purposes such proportions offees paid to it as the Council maydetermine from time to time.

(2) A management committee shall not besubject to any direction from a generalmeeting of the members of an association.

(3) Where any dispute arises between thestudents’ representative council and themanagement committee of an associationthose bodies, or representatives thereof, shallconfer in an endeavour to resolve thedispute, but, in the event that the dispute isnot so resolved, either body may refer thedispute to the Council whose decisionthereon shall be final and binding.

Powers and functions of students’representative councils17 A students’ representative council shall have the

power to act on behalf of the association inrespect of all matters relating to the welfare,educational, sporting, social, cultural andintellectual interests of students and to promotethe interests of students, save and except as tomatters within the powers and functionsconferred upon the management committee.

Membership of ‘students’ representativecouncil18 (1) No person may become a member of

students’ representative council unless suchperson is an enrolled student who is amember of the relevant association.

(2) If a member of a students’ representativecouncil ceases to be an enrolled student or amember of the relevant association, he or shethereupon shall be deemed to have ceased tobe a member thereof and to have ceased tohold any office by virtue of which he or sheis such a member of the students’representative council.

Annual reports19 Each management committee and students’

representative council of an association shallfurnish the Council with a joint report on theaffairs of that association for the precedingcalendar year no later than 30 June in each year,

which report shall be accompanied by a copy ofthe audited financial statements of theassociation in respect of that calendar year.

Division IV␣– Elections

Application of this Division19A Option for method of conducting student

association elections(1) The Student Association Incorporated may

choose to conduct its elections by postalballot in accordance with this Division, or byballot in accordance with Part 7 of theStudent Association Constitution, as inoperation at 31 December 1994.

(2) The Tasmania University Union Inc maychoose to conduct its elections by postalballot in accordance with this Division, or byballot in accordance with regulation 12 of theTasmania University Union Regulations, asin operation at 31 December 1995.

(3) The provisions of this Division apply to apostal ballot and, with any necessarychanges, to a ballot conducted in accordancewith Part 7 of the Student AssociationConstitution or regulation 12 of theTasmania University Union Regulations.

(4) The Executive of an affiliated studentassociation must make sure that any changeto any provision of its constitution orregulations that is referred to in this clausereported to Council within 2 weeks after thechange is made.

20 The provisions of this Division apply to anyelection for:(a) membership of a student representative

council;(b) an office the holder of which is deemed to be

a member of a student representativecouncil; and

(c) membership of any other council orcommittee of an association which theconstitution of the association provides shallbe chosen by election by the members of theassociation.

Annual Elections21 Once in each calendar year there shall be an

election for the purpose of filling the offices towhich the provisions of this Division apply.

Returning officer22 (1) A management committee from time to time

shall appoint a person to act as the returningofficer of the association.

(2) In default of an appointment undersubparagraph (1), the returning officer of anassociation shall be the Academic Registraror some person appointed by the Academic

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Registrar.(3) A person who is a member or employee of

the association may not be appointedreturning officer pursuant to this paragraph.

Eligibility of candidates and voters23 Each enrolled student who is a member of the

association is eligible to be a candidate and tovote at any election.

Electoral roll24 (1) Upon request by a returning officer, the

Academic Registrar shall provide suchreturning officer with a roll containing thename, address and student number of eachperson eligible to vote in an election.

(2) It is the duty of a returning officer to make arequest pursuant to subparagraph (1)whenever an electoral roll is required for thepurposes of an election.

(3) Upon request by a returning officer, theAcademic Registrar shall provide thereturning officer with access to the signatureof a member, who has purported to vote forthe purpose of authenticating any documentsigned in connection with the vote.

Nominations25 (1) Not earlier than 90 days and not later than 50

days before the day upon which the postalballot is to close the returning officer shallinvite nominations of candidates for suchelection by public advertisement and bynotices published in any appropriate studentnewspaper and displayed at appropriateplaces throughout the university as thereturning officer may determine. A publicadvertisement for the purposes ofsubparagraph (1) shall be inserted:(a) in the case of the Tasmania University

Union, in the Mercury newspaper;(b) in the case of the Student Association

Inc, in The Examiner and Advocatenewspaper; and

(c) in any other case, in such dailynewspaper or newspapers as thereturning officer considers to beappropriate.

(2) Each such advertisement and notice shallspecify the closing date for nominations andthe requirements of this Ordinance as to theform of nominations.

(3) The closing date for nominations shall befixed by the returning officer but shall not beless than 21 days from the date upon whichnominations are first invited.

(4) A nomination shall be in writing, shallspecify the office to which it relates, shall besigned by at least two persons eligible to

vote in the election to which the nominationrelates and shall be accompanied by thewritten consent of the candidate.

(5) No nomination shall be received after 5 p.m.on the closing date for nominations fixedunder subparagraph (3).

(6) The returning officer shall not disclose theidentity of any person nominated forelection before the close of nominations.

Withdrawal of nominations26 (1) A person nominated as a candidate may

withdraw that nomination at any time beforethe close of nominations.

(2) If the result of a withdrawal is that thenumber of remaining candidates does notexceed the number of persons to be electedto the relevant office the returning officershall proceed in accordance with paragraph27.

(3) If, upon withdrawal, the number ofremaining candidates exceeds the numberrequired to be elected the poll shall proceedbut the ballot papers shall not include thename of a candidate who has withdrawn, or,if the ballot papers shall have been prepared,the returning officer shall proceed with theelection and, on beginning the counting ofvotes, shall exclude any such candidate andtransfer the votes of such candidate to thecandidates next in order of the voters’respective preferences.

When no poll required27 If upon the close of nominations no more than

the required number of persons have beennominated for an office, the returning officershall forthwith declare such person or persons tohave been elected to such office.

When poll required28 If upon the close of nominations the number of

persons nominated for one or more of the officesto be filled at the election exceeds the numberrequired to be elected, the returning officer shallconduct a poll.

Ballot papers29 (1) At a poll votes shall be given by ballot

papers in accordance with the provisions ofthis paragraph and not otherwise.

(2) Every ballot paper shall contain␣–(a) ‘[name of the association]␣– Election of

Students’ Representative Council [or asthe case may be]’;

(b) a separate and distinct list of the fullnames of the candidates for election inrelation to each office to be filled at theelection, indicating which candidates




offer themselves for election to whichoffice and, as to each office, in suchorder as the returning officer shalldetermine by means of drawing lots inthe presence of the Academic Registraror his nominee.

(3) Not later than 14 days prior to the day uponwhich the postal ballot for an election is toclose, the returning officer shall forward bymeans of pre-paid post or other suitablemeans of delivery, to each person whosename appears on the electoral roll thefollowing documents:(a) a ballot paper printed in conformity

with subparagraph (2);(b) instructions in accordance with those

provisions of paragraph 30 of thisordinance which apply to the ballot;

(c) two sealable envelopes of different sizesso that one may conveniently be insertedinto the other, the larger having printedon it the address of the returning officerand the words ‘Ballot paper’ and at thefoot thereof the words ‘Signature’, ‘FullName’, ‘Student Number’ and ‘Date’and the smaller having printed on it thewords ‘Place your ballot paper insiderthis envelope, seal it, and dispatch it inthe addressed envelope’

orif the ballot is being conducted by the ChiefElectoral Officer, such other envelopes tosimilar effect as may be approved by theChief Electoral Officer which require that thevoter signs an appropriate form ofdeclaration authenticating the vote andensure the anonymity of the voter;(d) a document containing the following

information about each candidate to theextent that it is known to the returningofficer, namely the name, address andbrief biographical material provided bythe candidate and conforming to suchstandard format as the returning officermay prescribe in relation to that election,which material may be amended by thereturning officer so as to conform to theprescribed format.

(4) Not more than one ballot paper shall beissued to any person in respect of anyelection other than upon applicationcertifying the loss, non-receipt, spoiling ordestruction of an earlier ballot paper.

Votes30 (1) A vote in respect of the election for a

particular office shall not be valid unless the

following provisions have been observed:(a) the ballot paper has been marked in

such a way as to indicate the voter’spreference for the candidates for therelevant office by means of consecutivenon-repeated numbers, commencingwith the figure ‘1’ for the firstpreference;

(b) the number of preferences indicated onthe ballot paper in respect of thecandidates for that office is not less thanthe number of candidates required to beelected to that office;

(c) the ballot paper is contained:in the smaller envelope which has beenclosed up and is contained in the largerenvelope which has been sealed up andendorsed with the signature, full nameand student number of the voter and thedate upon which it is signed;

orif the ballot is being conducted by the ChiefElectoral Officer, in such envelope specifiedfor the purpose and the voter has signed thespecified form of declaration authenticatingthe vote; and(d) the ballot paper has been received by the

returning officer not later than 10 am onthe day upon which the postal ballot forthe election closes.

(2) If a person transmits to the returning officermore than one ballot paper in respect of anyelection, the returning officer shall decidewhich is valid.

Method of counting votes31 (1) The votes for candidates for election to an

office shall be counted and candidatesdeclared elected in the manner prescribedby␣–(a) the First Schedule to this Ordinance

where more than one person is to beelected to that office; and

(b) the Second Schedule to this Ordinancewhere only one person is to be elected tothat office.

(2) Notwithstanding subparagraph (1), wherean election is conducted by the ChiefElectoral Officer the votes for candidates forelection to an office shall be counted andcandidates declared elected in the mannerprescribed by:(a) Schedule 3 to the Electoral Act 1985

where more than one person is to beelected to that office; and

(b) Schedule 4 to that Act where only oneperson is to be elected to that office;

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provided that the Chief Electoral Officer maymodify the requirements of Schedule 3 insuch manner as he or she may considerappropriate so as to reduce the number ofcounts required to distribute all votes cast atthe election.

Casual vacancies32 (1) Where a casual vacancy occurs in an office

then, unless the vacancy occurred at a timewhen the unexpired portion of the term ofthe former holder of that office was less thanthree months, the returning officer shallconduct an election to fill such casualvacancy in such manner as may be specifiedby the constitution of the association.

(2) The provisions of this Ordinance shall notapply to an election to fill a casual vacancy.

Declaration of a poll33 Where a person has been declared elected

pursuant to this Division the returning officershall give written notice thereof to theassociation and publish notice thereof in studentnewspapers and appropriate places within theUniversity.

THE FIRST SCHEDULE1 All invalid votes shall be rejected, and the

number of first preference votes recorded foreach candidate shall be counted.

2 The aggregate number of such first preferencesshall be divided by one more than the number ofcandidates required to be elected, and thequotient increased to the nearest one-millionthshall be the quota and (except as provided byparagraph 13) no candidate shall be elected untilthat candidate obtains a number of votes equal toor greater than the quota.

3 Any candidate who, after the counting of the firstpreferences, has votes in excess of the quota,shall be declared elected.

4 The votes in excess of the quota (‘the surplus’)obtained by such a candidate shall be transferredto the other candidates not yet declared elected,next in order of the voters’ preferences, in thefollowing manner:(a) the voting papers which express a first

preference for the elected candidate shall bere-examined, and in each case, subject toparagraph 15, the next consecutivepreference expressed for an unelectedcandidate ascertained;

(b) the surplus shall be divided by the totalnumber of votes obtained by the electedcandidate in the counting of the firstpreferences, and the resulting number shallbe the transfer value;

(c) the vote expressed by each ballot paper shallbe transferred to the next preferredcandidate ascertained in accordance withsubparagraph (a), with a value (includingany fractional part) equal to the transfervalue, and added to the number of votespreviously obtained by the next preferredcandidate.

5 Where, on the counting of the first preferences oron any transfer more than one candidate has asurplus, the largest surplus shall be dealt withfirst. If then more than one candidate has asurplus, the then largest surplus shall be dealtwith, and so on: provided that, if one candidatehas obtained a surplus at a count or transferprevious to that at which another candidateobtains a surplus the surplus of the former shallbe dealt with first.

6 Where two or more surpluses are equal, thesurplus of the candidate who was the highest onthe poll at the count or transfer at which they lasthad an unequal number of votes shall be dealtwith first, and if they had an equal number ofvotes at all preceding counts or transfers, it shallbe decided by lot which candidate’s surplus shallbe dealt with first.

7 Where the number of votes obtained by acandidate is raised up to or above the quota bytransfer, that candidate shall thereupon bedeclared elected. In such a case, notwithstandingthe fact that the candidate may have reached thequota during the progress of the transfer, thecandidate shall not cease to become entitled toreceive further votes until the conclusion of thattransfer.

8 The surplus of a candidate declared electedpursuant to paragraph 7 shall be transferred tothe other candidates not yet declared elected,next in order of the voters’ respectivepreferences, in the following manner:(a) the ballot papers corresponding to the votes

obtained by the elected candidate shall be re-examined and in each case, subject toparagraph 15, the next consecutivepreference expressed for an unelectedcandidate shall be ascertained;

(b) the surplus of the elected candidate shall bedivided by the total value of the candidate’svote and the resulting number shall be thetransfer value;

(c) the vote expressed by each ballot paper shallbe transferred to the next preferredcandidate, ascertained according tosubparagraph (a), with a value (includingany fractional part) equal to the value atwhich it was received by the electedcandidate, multiplied by the transfer value,




and added to the number of votes previouslyobtained by the next preferred candidate.

9 Where, after the first preferences have beencounted and all surpluses, if any, have beentransferred in the manner prescribed above, nocandidate, or less than the number of candidatesrequired to be elected, has or have obtained aquota, the candidate who is lowest on the pollshall be excluded, and, subject to paragraph 15,all the votes obtained by that candidate shall betransferred to the candidates next in order of thevoter’s preference at the same values as those atwhich they were received by the candidate:provided that the transfer of the excludedcandidate’s votes for all purposes shall bedeemed to be a single transfer.

10 Where the number of votes obtained by acandidate is raised up to or above the quota by atransfer, that candidate shall thereupon bedeclared elected. In such a case, notwithstandingthe fact that the candidate may have reached thequota during the progress of the transfer, thecandidate shall not cease to become entitled toreceive further votes until the conclusion of thattransfer.

11 The surplus of a candidate elected underparagraph 10 shall be transferred to the othercandidates not yet declared elected, next in orderof the voter’s respective preferences, in the samemanner as is directed by paragraph 8: providedthat such surplus shall not be dealt with until allthe votes of the excluded candidate have beentransferred.

12 Where any surplus exists it shall be dealt withbefore any other candidate is excluded.

13 The same process of excluding the candidatelowest on the poll and transferring the votes toother candidates shall be repeated until all thecandidates, except the number required to beelected, have been excluded, and the unexcludedcandidates who have not already been sodeclared, shall then be declared elected, in orderof their total votes at that time.

14 Where at any time it becomes necessary toexclude a candidate, and two or more candidateshave the same number of votes and are lowest onthe poll, then whichever of such candidates waslowest on the poll at the last count or transfer atwhich they had an unequal number of votesshall be excluded, and if such candidates havehad an equal number of votes at all precedingcounts or transfers it shall be decided by lotwhich candidate shall be first excluded.

15 In determining which candidate is next in orderof a voter’s preference, any candidate who hasbeen declared elected or who has been excludedshall be passed over.

16 Where on any transfer it is found that a voteexpresses no consecutive preference, other thanfor candidates who have already been declaredelected or been excluded, that vote shall be setaside as exhausted.


THE SECOND SCHEDULE1 All invalid votes shall be rejected, and the

number of first preferences recorded for eachcandidate shall be counted.

2 The candidate obtaining an absolute majority ofvotes shall be declared elected.

3 If no candidate has an absolute majority of votes,the candidate who has the fewest votes shall beexcluded, and, subject to paragraph 5, each ballotpaper counted to him shall be counted to theunexcluded candidate next in order of the voter’spreference.

4 If no candidate then has an absolute majority ofvotes, the process of excluding the candidatewho has the fewest votes and counting each ofhis ballot papers to the unexcluded candidatenext in order of the voter’s preference, shall berepeated until one candidate has an absolutemajority of votes.

5 Where on proceeding under paragraph 3 or 4 itis found that a vote expresses no consectuivepreference, other than for candidates who havealready been excluded, that vote shall be setaside as exhausted.

6 If on any count two or more candidates have anequal number of votes and one of them is to beexcluded, the candidate to be excluded shall bedetermined by lot.

7 If in the final count two candidates have an equalnumber of votes, the candidate to be elected shallbe determined by lot.


Made by Council on the 28th day of September 1994.

Ordinance No. 45

Of the University DevelopmentStrategy

The Council of the University of Tasmania in pursuanceof, and in exercise of the powers conferred upon it by,the University of Tasmania Act 1992 hereby makes thefollowing Ordinance:

Interpretation1 In this Ordinance

(a) ‘the Strategy’ means the developmentstrategy contained in Volume 1 of the

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Development Plan for the Sandy Bay andNewnham campuses of the University preparedby Jackson Teece Chesterman WillisConsultants Pty Ltd in the form adopted bythe Council on 2 June 1995;

(b) ‘Precinct Plan’ means a plan for thedevelopment of a precinct identified as suchin the Strategy and adopted by a resolutionof the Council; and

(c) ‘the Principles and Strategies’ means theprinciples and strategies identified in tables7.1 and 7.2 of the Strategy.

Principles and strategies2 The Council shall not amend the Principles and

Strategies unless:(a) the decision to do so has been made by a

resolution of the Council adopted on theaffirmative votes of not fewer than twothirds of the members thereof;

(b) the adoption of such resolution has beenpublished in the University newspaper andeach student newspaper; and

(c) not earlier than three months after the lastpublication pursuant to subparagraph (b) thedecision to do so has again been made by aresolution of the Council adopted on theaffirmative votes of not fewer than twothirds of the members thereof.

Precinct plans3 The Council shall not amend a Precinct Plan

except by a resolution of the Council adopted onthe affirmative votes of not fewer than two thirdsof the members thereof.

Approval of works4 The University shall not carry out any works in

the area of a precinct identified as such in theStrategy unless:(a) a Precinct Plan has been adopted in relation

to that area and the works comply with theStrategy and that Precinct Plan; or

(b) the carrying out of the works has beenapproved by a resolution of the Counciladopted on the affirmative votes of notfewer than two thirds of the membersthereof.

Commencement5 This Ordinance shall take effect on 21 July 1995Made by Council on the 21st day of July, 1995.

Ordinance No. 53

The University Seal The Council of the University of Tasmania makes thefollowing Ordinance under the University of TasmaniaAct 1992.

1. Revocation of Ordinance No. 31.1 The Ordinance of the Seal of the University,

approved by Council on 22 March 1991 andsealed on 5 August 1991, is revoked.

2. Use of the University seal – generally2.1 A document shall not be sealed with the

University seal without the express authority ofthe Council, except as provided in thisOrdinance.

2.2 The seal must be affixed in the presence of theChancellor or the Vice-Chancellor, together witha Deputy Vice-Chancellor, a Pro Vice-Chancelloror a Deputy Principal (other than a person whois acting as Vice-Chancellor at that time).

2.3 The sealing of a document, other than adocument sealed under clause 5, must berecorded in the seal register.

3. Use of the University seal – urgentdocuments

3.1 A document that the Chancellor or the Vice-Chancellor considers to be urgent may be sealedat the direction of a meeting convened underclause 3 of the Ordinance of Delegation ofPowers of Council (Ordinance 32).

3.2 When a document is sealed under clause 3.1 ofthis ordinance, the sealing must be reported tothe next meeting of Council, by the tabling of alist of all documents sealed under that subclause.

4. Use of the University seal – routinedocuments

4.1 A document that the Chancellor or the Vice-Chancellor considers to be of a routine naturemay be sealed at the direction of the Chancelloror the Vice-Chancellor.

4.2 When a document is sealed under clause 4.1, thesealing must be reported to the next meeting ofCouncil, by the tabling of a list of all documentssealed under that subclause

4.3 The list that is tabled is to include a statement foreach document as to why the document wasconsidered to be of a routine nature.

4.4 The seal register is to include a statement foreach document sealed under this clause, from aperson who attested the sealing of thatdocument, as to why the document wasconsidered to be of a routine nature.

5. Use of the University seal – testamurs5.1 The seal may be affixed to a certificate attesting

the award of a degree, diploma or certificate byan officer authorised to do so by the Vice-Chancellor.

5.2 Despite clause 2.2, the fact that the seal has beenaffixed under clause 5.1 must be attested by theVice-Chancellor and the Academic Registrar.




6. Documents that are not required to besealedDocuments relating to these transactions ormatters do not need to be sealed:(a) agreements for the provision of goods and

services to or by the University, includingbuilding contracts, where the value of thegoods or services is not more than $150,000;

(b) agreements, contract notes or instrumentsrelating to the sale or purchase of any shares,bonds, debentures, notes or other securities;

(c) agreements for the sale or purchase of realproperty, where the sale or purchase price isnot more than $150,000;

(d) the appointment of staff, except academicstaff of the rank of professor and above andnon-academic staff of the equivalent rank;

(e) acceptance by the university of grantsprovided under Australian Research Councilschemes, or under any similar scheme forfunding research and scholarship that isadministered by a Commonwealthorganisation;

(f) other simple contracts where the subject is amatter of daily or regular occurrence and ofno special significance.

7. Signature of documents not requiringsealing

7.1 The Vice-Chancellor or a Deputy Principal mayfrom time to time give written directions as tothe people or classes of people who may signdocuments referred to in clause 6 on behalf of theUniversity.

7.2 The Vice-Chancellor or a Deputy Principal mayat any time vary or rescind any direction givenby that person under clause 7.1.

8. Power of attorney for sealing sharetransfers, etc

8.1 The Council may from time to time appoint, bypower of attorney under seal, any one or more ofthe Vice-Chancellor, a Deputy Vice-Chancellor ora Deputy Principal to execute any share transfer,or other transfer of any other form of security,that is required by law or by the rules of theAustralian Associated Stock Exchanges or of anycorporation to be executed under the seal.

8.2 Execution of those transfers under that power ofattorney is valid and effectual without theaffixing of the seal.

Made by Council on 23 May 1997.

Note: The ordinances which follow authorise changesto the academic structure and discipline of theUniversity. Other ordinances currently beingprepared or amended include the ordinance onAcademic Dress

23rd March, 1998The following ordinances have been placed here by theUniversity’s Publication Unit, who have added explanatoryfootnotes where necessary (numbered [a], [b] , etc). Thedocuments themselves, however, are wholly and only theresponsibility of the Legislation Committee, who devisedthem, and the University Council, who directed that theyshould be signed and sealed.© University of Tasmania, 1998.

Ordinance No. 57

Academic StructureIndex

PART 1 INTRODUCTION1.1 Commencement and revocation1.2 Definitions

PART 2 FACULTIES2.1 Establishment of Faculties2.2 Deans2.3 Executive committees2.4 Degree boards2.5 Faculty forums

PART 3 SCHOOLS3.1 Establishment of Schools3.2 Heads of Schools3.3 Disciplines

PART 4 RULES4.1 Rule-making power

PART 5 TRANSITIONAL PROVISIONS5.1 Academic Senate5.2 Deans5.3 Rules of awards5.4 Heads of Schools5.5 Degree boards

SCHEDULE ASSIGNMENT OF SCHOOLS TOFACULTIES

Ordinance No. 57

Academic StructureThe Council of the University of Tasmania makes thefollowing Ordinance under the University of TasmaniaAct 1992.

PART 1 – INTRODUCTION

1.1 Commencement and revocation1.1.1 This Ordinance takes effect on 1 January 19981.1.2 The following Ordinances are revoked:

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• Ordinance 13, Of Academic Departments• Ordinance 14, Of the Faculties• Ordinance 16, Of The Schools• Ordinance 17, Of Awards• Ordinances 18, 31, 41, 44 and 49␣[a] , which

amended Ordinance 16.[a] i.e. No. 48 The School Amendments

1.2 DefinitionsIn this ordinance:“Discipline” means field of academic study.“Faculty” means a faculty set up under thisordinance.“Rules” means rules made under this ordinance.“School” means a school set up under thisordinance.

PART 2 – FACULTIES

2.1 Establishment of Faculties2.1.1 There are constituted the following Faculties of

the University:• Arts• Commerce and Law• Education• Health Science• Science and Engineering

2.1.2 Each Faculty has Schools assigned to it as set outin the schedule.

2.1.3 Each Faculty is responsible for the awardsassigned to it by the Council.

2.2 Deans2.2.1 There is to be a Dean of each Faculty, who is

charged with encouraging and facilitatingteaching, scholarship and research in the Schoolsassigned to the Faculty, and who represents theFaculty on University committees and in thecommunity.

2.2.2 The Dean is responsible␣–(a) to the Vice-Chancellor for the administration

of courses within the Faculty leading to thedegrees, diplomas and certificates assignedto the Faculty by the Council, and of anyother studies that Council determines; and

(b) to Academic Senate for the monitoring ofthose courses and studies and for teachingand assessment in them, including:• course duration, content and structure• entry requirements• academic assessment.

2.2.3 The administration of courses and studiesincludes:• planning of teaching and research• the allocation of resources• financial and personnel administration

2.2.4 The Dean is to be appointed by Council on termsand conditions determined by Council, and may

resign by notice in writing to the Council.2.2.5 The Vice-Chancellor may appoint a person to act

as Dean in the absence or incapacity of the Dean.

2.3 Executive committees2.3.1 Each Faculty is to have an executive committee,

consisting of the Dean, heads of schools andchairs of degree boards in the Faculty, and anyother members that are approved by Council.

2.3.2 The function of the executive committee is toassist the Dean in the performance of thefunctions and responsibilities of Dean set out inclause 2.2.

2.3.3 The Dean is the chair of the executive committee.2.3.4 The Dean must convene regular meetings to

consult with the executive committee. Inparticular, the Dean must consult regularly withthe executive committee on:• the maintenance of teaching and research

standards• the planning of teaching and research• the allocation of teaching, examining and

administrative duties, includingarrangements for leave

• the deployment of resources␣–within the Faculty.

2.4 Degree boards2.4.1 Each Faculty is to have degree boards as

established by Council.2.4.2 The function of a degree board is to provide

advice to the Dean and through the Dean toAcademic Senate, on:• course duration, content and structure• entry requirements• academic assessment␣–relating to the courses and other studies inrespect of which the board is established.

2.4.3 A degree board consists of• the Dean• all academic staff of the relevant Schools• student members, external members and

representatives of service teaching schools,in numbers determined by Council on therecommendation of the Dean.

2.4.4 The chair of the board is to be elected by andfrom the members, and must be a member ofacademic staff of or above the rank of seniorlecturer.

2.4.5 An elected chair holds office, subject to thisordinance, for 2 years from 1 January followingthe election, and may resign by notice in writingto the Dean.

2.4.6 Despite clauses 2.4.4 and 2.4.5, if a degree boardcomprises academic staff members of only oneSchool, the Head of that School is the chair of theboard.




2.4.7 Student members of a degree board are to beelected at the times and in the manner that theFaculty may determine.

2.4.8 External members of degree boards andrepresentatives of service teaching schools are tobe appointed in the manner determined byCouncil.

2.5 Faculty forums2.5.1 Each Faculty is to have a faculty forum, chaired

by the Dean.2.5.2 The functions of the faculty forum are␣–

• to provide a mechanism for collegialdiscussion and consultation within theFaculty

• to receive and comment on reports by theDean under clause 2.5.4

• to provide advice to the Dean on any matteraffecting the Faculty.

2.5.3 The faculty forum consists of• the Dean and all staff in the Faculty• all student members of degree boards within

the Faculty.2.5.4 The Dean must make sure that the faculty forum

meets at least twice in every academic year, andmust report to each meeting on the operations ofthe Faculty and any management actions ofsignificance to the Faculty.

2.5.5 The Dean must convene a special meeting of thefaculty forum within 14 days after receiving arequest from at least 10% of the staff (other thancasual staff) within the Faculty. A specialmeeting does not count as one of the meetingsrequired under clause 2.5.4.

PART 3 – SCHOOLS

3.1 Establishment of Schools3.1.1 The Schools are constituted and assigned to

Faculties as set out in the schedule.3.1.2 The disciplines are to be assigned to the Schools

as determined by Council.

3.1 Heads of Schools3.2.1 There is to be a Head of each School, who is

charged with encouraging and facilitatingteaching, scholarship and research in thedisciplines allocated to the School, and whorepresents the School on University committeesand in the community. The Head is to beappointed in accordance with the Rules.

3.2.2 The Head is responsible to the Dean:(a) for the administration of units within the

School leading to the degrees, diplomas andcertificates assigned to the School by theDean, and of any other studies that the Deandetermines; and

(b) for the monitoring of those units and studies,

and for teaching and assessment in them,including:• unit duration, content and structure• entry requirements• academic assessment.

3.2.3 The administration of units and studies includes:• planning of teaching and research• the allocation of resources• financial and personnel administration

3.2.4 The Head must convene regular meetings toconsult with staff and students of the School. Inparticular, the Head must consult regularly withthe full-time and fractional members of academicstaff of the School on:• the maintenance of teaching and research

standards• the planning of teaching and research• the allocation of teaching, examining and

administrative duties, includingarrangements for leave

• the deployment of resources␣–within the School.

3.2.5 The Head is to be appointed by Council on termsand conditions determined by Council and mayresign by notice in writing to the Council.

3.3 Disciplines3.3.1 There is to be a head of each academic discipline,

appointed by the Dean, who represents theacademic requirements of the discipline to theHead of School.

PART 4 – RULES

4.1 Rule-making power4.1.1 Council may make rules for or in relation to

anything that it decides to be necessary orconvenient for the purpose of implementing andmaintaining the structure established by thisordinance.

4.2.2 Without limiting clause 4.1.1, Council may makerules for or in relation to␣–(a) the procedures for the appointment of heads

of schools; and(b) awards of the university.

PART 5 – TRANSITIONAL PROVISIONS

5.1 Academic Senate5.1.1 Despite anything in Ordinance 27 (Academic

Senate), the people holding office as at 31December 1997 as members of Academic Senateunder␣–(a) clause 2 (c) of that ordinance (Academic

Deans) continue in office until the relevantchairs of degree boards are appointed underthis ordinance; and

(b) clause 2 (f) of that ordinance (elected

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academic staff) continue in office until␣–(i) elections are held for academic staff

representatives under the newOrdinance of Academic Senate in 1998;or

(ii) 30 June 1998␣–whichever comes first.

5.2 Deans5.2.1 The people holding office as Executive Deans as

at 31 December 1997 continue in office for theremainder of their existing terms, subject toclause 5.2.2.

5.2.2 On and from 1 January 1998, the people holdingthe following offices as Executive Deansimmediately before that date continue in officeunder this Ordinance as Deans of the Faculties asset out below:• Executive Dean, School of Commerce and

Law, becomes Dean, Faculty of Commerceand Law

• Executive Dean, School of Education,becomes Dean, Faculty of Education

• Executive Dean, School of Health Science,becomes Dean, Faculty of Health Science

• Executive Dean, School of Humanities andSocial Sciences, becomes Dean, Faculty ofArts

• Executive Dean, School of Science andTechnology, becomes Dean, Faculty ofScience and Engineering.

5.3 Rules of awards5.3.1 Rule 12 (Rules of Awards) continues in operation

despite the revocation of Ordinance 17 (underwhich Rule 12 is made), and may be amended orrevoked as if it had been made under thisordinance.

5.3.2 For the purpose of clause 5.3.1, Rule 12 must betaken to be amended to the extent necessary forit to continue in operation under this Ordinance.

5.4 Heads of Schools5.4.1 A person holding office immediately before 1

January 1998 as a Head of Department must betaken to have been appointed under thisOrdinance as Head of the School establishedunder this Ordinance that corresponds to theprevious Department.

5.4.2 An appointment under clause 5.4.1 is for theremainder of the existing term and on theexisting terms and conditions.

5.5 Degree boards5.5.1 Despite clause 2.4.5, the term of office of the first

chair elected to a degree board after thecommencement of this ordinance shall holdoffice until 1 January 2000.

SCHEDULE – (clause 3.1.1)ASSIGNMENT OF SCHOOLS TO

FACULTIES

Faculty Schools

Arts Art (Hobart)Art (Launceston)Asian Languages and StudiesCentre for Performing ArtsConservatorium of MusicEnglish and EuropeanLanguages and LiteraturesGovernmentHistory and ClassicsPhilosophySociology and Social Work

Commerce and Law Accounting and FinanceEconomicsInformation SystemsLawManagement

Education Early Childhood and PrimaryEducationSecondary and Post-Compulsory Education

Health Science Biomedical ScienceMedicineNursingPharmacy

Science andEngineering Agricultural Science

Applied SciencesAquacultureArchitecture and UrbanDesignChemistry␣* Civil and MechanicalEngineeringComputing␣* Electrical Engineering andComputer Science␣* EngineeringGeography andEnvironmental StudiesGeology␣# Institute of Antarctic andSouthern Ocean Studies␣# Mathematics␣# PhysicsPlant SciencePsychologyZoology

* From 1 July 1998, these 3 Schools will be replaced witha single School of Engineering.

# From 1 July 1998, these 3 Schools will be replacedwith a single School of Mathematics, Physics andAntarctic Studies.




Made by Council on 19 December 1997.Sealed with the seal of the University of Tasmania on 24 December1997.

Ordinance No. 58

Student DisciplineIndex

PART 1 INTRODUCTION1.1 Commencement and revocation1.2 Definitions1.3 Delegation by the Vice-Chancellor1.4 Delegation by a senior officer1.5 Time limits1.6 Discipline Panel

PART 2 GENERAL MISCONDUCT2.1 Acts of general misconduct2.2 Procedure for general misconduct cases2.3 Appeals in general misconduct cases2.3 Immediate exclusion and suspension if risk of

injury or damage

PART 3 ACADEMIC MISCONDUCT3.1 Dealing with allegations of academic misconduct3.2 Appeals in academic misconduct cases

PART 4 APPEALS4.1 Discipline Appeals Committee4.2 Grounds of appeal4.3 Notice of appeal4.4 Hearing of appeal

PART 5 MISCELLANEOUS5.1 Publication of determinations5.2 Notice to students5.3 Undischarged penalties5.4 Transitional provisions

Ordinance No. 58

Student DisciplineThe Council of the University of Tasmania makes thefollowing Ordinance under the University of TasmaniaAct 1992.


1.1 Commencement and revocation1.1.1 This ordinance takes effect on 1 January 1998.1.1.2 The Ordinance of Discipline␣[a] approved by

Council on 19 March 1993 is revoked.[a] i.e. Ordinance No. 19; and those Ordinances which

amended Ordinance No. 19␣– Ordinance Numbers26, 34 and parts of Ordinance Numbers 28 and 47.

1.2 Definitions1.2.1 In this ordinance, unless the contrary intention

appears␣–“academic misconduct” includes cheating,

plagiarism and any other conduct by which astudent␣–(a) seeks to gain, for themselves or for any other

person, any academic advantage oradvancement to which they or that otherperson are not entitled; or

(b) improperly disadvantages any other student.“act” includes omission.“Discipline Appeals Committee” means thecommittee set up under clause 4.1.“Discipline Panel” means the panel set upunder clause 1.6.“general misconduct” means misconduct of atype specified in clause 2.1.1.“lawyer” means:(a) a person whose name is currently on the roll

of practitioners of the Supreme Court ofTasmania; or

(b) a member of the academic staff of the LawSchool.

“member of the university” means an enrolledstudent or a member of staff of the university,and includes an honorary academic, a visitingacademic and an honorary research associate.“residential college” means:(a) Christ College; or(b) Jane Franklin Hall; or(c) St John Fisher College; or(d) Kerslake Hall; or(e) Leprena; or(f) any other residential college approved by

the Council for the purposes of thisordinance.

“School” means a School set up underOrdinance , Academic Structure.“senior officer” means:(a) the Deputy Vice-Chancellor; or(b) a Pro Vice-Chancellor;(c) the Deputy Principal;(d) a Dean; or(e) a Head of School; or(f) the University Librarian; or(g) the Director, Information Technology

Services; or(h) the head of a residential college; or(i) the Manager of Accommodation; or(j) the general manager of a student

association␣–and includes a person to whom a senior officerdelegates functions under this ordinance inaccordance with clause 1.4.“student” includes:(a) a person who was a student at the time of

any alleged misconduct; and(b) a person who becomes a student after

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allegedly committing an act of academicmisconduct; and

(c) a student of another university or highereducation institution who is grantedreciprocal rights of access to the Universityof Tasmania’s premises or library orinformation technology facilities.

“university premises” includes␣–(a) the premises of the university at Hobart,

Launceston and Burnie; and(b) any other premises owned or occupied by

the university; and(c) the premises of a residential college; and(d) the location of clinical or professional

placements that form part of a course offeredby the university;

(e) the location of camps, field placements,workshops and any other study activitiescontrolled or supervised by the university;and

(f) any other place in the temporary possession,whether actual or constructive, of theuniversity.

“university service work” means work that isapproved by the Deputy Vice-Chancellor for thepurposes of this definition.

1.2.2 A person who is an enrolled student in any yearis, for the purposes of this ordinance, an enrolledstudent until the end of the enrolment period forthe first semester of the next year.

1.3 Delegation by Vice-Chancellor1.3.1 The Vice-Chancellor may delegate any functions

under this ordinance, other than this power ofdelegation, to:(a) the Deputy Vice-Chancellor; or(b) a member of academic staff of the rank of

associate professor or above; or(c) a member of general staff appointed at or

above HEO Level 10.1.3.2 A delegation must be in writing.1.3.3 The Vice-Chancellor may delegate under this

clause to more than one person.1.3.4 “Vice-Chancellor” in this ordinance, other than

in clauses 1.3.1 and 1.3.2, includes a person towhom the Vice-Chancellor has delegated therelevant function in accordance with thisclause.elegation must be in writing.

1.4 Delegation by a senior officer1.4.1 A senior officer may delegate any functions

under this ordinance, other than this power ofdelegation, to:(a) a member of academic staff of the rank of

associate professor or above; or(b) a member of general staff appointed at or

above HEO Level 10.

1.4.2 A delegation must be in writing.1.4.3 A senior officer may delegate under this clause

to more than one person.

1.5 Time limitsA time limit set out in this ordinance must becomplied with if reasonably practicable.However, despite anything else in thisordinance, no action is invalidated simplybecause a time limit is exceeded.

1.6 Discipline Panel1.6.1 Academic Senate will, before the end of each

year, appoint a Discipline Panel of 8 people forthe following year.

1.6.2 The panel must include:(a) 2 lawyers, who will be the Chair and the

alternate Chair;(b) 3 members of academic staff;(c) 3 students, one nominated by each of these

bodies: Tasmania University Union Inc;Student Association Inc; and TasmanianUniversity Postgraduate Association.

PART 2 – GENERAL MISCONDUCT

2.1 Acts of general misconduct2.1.1 A student commits an act of general misconduct

if the student:(a) fails to comply with a reasonable direction of

a member of staff of the university, given inorder to ensure␣–(i) the safety of any person, the

preservation of any property or themaintenance of good order; or

(ii) the proper conduct of any assignment,examination or other form ofassessment; or

(b) breaches an ordinance or the university’srules; or

(c) harasses a member of the university or amember of the public on universitypremises; or

(d) obstructs or interferes with the proper use ofany of the facilities, resources or equipmentof the university by any member of theuniversity; or

(e) disrupts or causes unreasonable interruptionto a lecture, tutorial, or any other form ofteaching, learning or research activity;

(f) breaches a provision of any university rules,guidelines, agreements or codes of practicerelating to the protection of intellectualproperty, including copyright;

(g) breaches a provision of any university rules,guidelines, agreements or codes of practicerelating to the use of library or informationtechnology facilities, resources or




equipment;(h) engages in improper use of any university

facilities, resources or equipment or obtainsunauthorised access to them;

(i) disrupts or causes unreasonable interruptionto the normal operation of any of theuniversity’s library or informationtechnology services;

(j) removes without authority, damages ordefaces books or other library material.

2.1.2 A breach of a provision of any guideline,agreement or code of practice referred to inclause 2.1.1 (f) or (g) does not constitute an act ofmisconduct unless the relevant provision hasbeen approved by the Council for the purposesof this clause.

2.2 Procedure for general misconduct cases2.2.1 An alleged act of general misconduct is to be

notified as soon as possible by a member of staffor a student to an appropriate senior officer.

2.2.2 The senior officer may, if satisfied that it is moreappropriate for the matter to be dealt with byanother senior officer, refer the matterimmediately to the other senior officer.

2.2.3 The senior officer dealing with the matter must,without delay and in any event within 10 daysafter the original notification of the alleged act,notify the student who is the subject of theallegation and offer the student the opportunityto be heard, at the same time notifying thestudent of the contents of this ordinance. Thesenior officer must also notify the AcademicRegistrar within 10 days after notification of thealleged act.

2.2.4 If the student wishes to be heard the studentmust contact the senior officer within 10 daysafter the date of the notification. The seniorofficer may deal with the matter in the absence ofany evidence from the student if the studentdoes not respond within that 10 day period.

2.2.5 If the senior officer decides that the student hascommitted an act of general misconduct, thesenior officer may impose any or all of thesepenalties:(a) reprimand;(b) a fine of␣–

(i) not more than $200, if the senior officeris a person specified in paragraphs (a) to(h) of the definition in clause 1.2.1; and

(ii) not more than $100, in any other case;(c) a requirement that the student pays the cost

of repairing any damage caused by themisconduct of the student to any property orfacilities;

(d) a requirement that the student performs not

more than 5 hours of university servicework;

(e) the removal of the student’s access to anycomputer or other service provided by theuniversity, for a time␣–(i) not longer than 8 weeks, if the seniorofficer is a person specified in paragraphs (a)to (g) of the definition in clause 1.2.1; and(ii) not longer than 4 weeks, in any other

case;(f) the exclusion of the student from all or

specified parts of the university premises, fora time␣–(i) not longer than 8 weeks, if the seniorofficer is a person specified in paragraphs (a)to (g) of the definition in clause 1.2.1; and(ii) not longer than 4 weeks, in any other

case.2.2.6 If the senior officer decides that the penalties set

out in clause 2.2.5 are inadequate orinappropriate, the senior officer may refer thematter to the Vice-Chancellor.

2.2.7 If the Vice-Chancellor, after consideration of thecircumstances, does not agree that thosepenalties are inadequate or inappropriate, theVice-Chancellor may refer the matter back to thesenior officer and direct the senior officer toreconsider it.

2.2.8 If the Vice-Chancellor, after consideration of thecircumstances, does agree that those penaltiesare inadequate or inappropriate, the Vice-Chancellor may impose any or all of thesepenalties:(a) reprimand;(b) a fine of not more than $500;(c) a requirement that the student pays the cost

of repairing any damage caused by themisconduct of the student to any property orfacilities;

(d) a requirement that the student performs notmore than 25 hours of university servicework;

(e) the removal of the student’s access to anycomputer or other service provided by theuniversity, permanently or for a specifiedtime and on any specified terms andconditions;

(f) the exclusion of the student from specifiedparts of the university premises, eitherpermanently or for a specified time and onany specified terms and conditions

(g) the suspension or cancellation of thestudent’s enrolment at the university.

2.2.9 A person who imposes a penalty under thisclause must within 3 working days after

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imposing the penalty notify the studentconcerned, and the Academic Registrar, inwriting of the decision made and the penaltyimposed.

2.2.10 Notice to the student must include notice thatthey are entitled to appeal on the grounds set outin Part 4.

2.3 Appeals in general misconduct cases2.3.1 A student may appeal to the Discipline Appeals

Committee against a decision of, or a penaltyimposed by, a senior officer or the Vice-Chancellor under clause 2.2.

2.4 Immediate exclusion and suspension if risk ofinjury or damage

2.4.1 Despite any other provision of this ordinance,the Vice-Chancellor may immediately exclude astudent from the university premises andsuspend their enrolment if the Vice-Chancellorbelieves that the student is behaving, or is likelyto behave, in such a way as to pose a serious riskof injury to the student or to any other person, ora serious risk of significant damage to property.

2.4.2 The Vice-Chancellor must, within 24 hours afterimposing the exclusion and suspension, sendwritten notice to the student. The notice mustgive details of the grounds on which the Vice-Chancellor holds the belief that there is a risk ofinjury or damage. It must also advise the studentthat if they want to respond they must do sowithin 10 days after the date of the notice.

2.4.3 The Vice-Chancellor may, after hearing thestudent or after 7 days (whichever comes first),exclude the student from the university premisespermanently or for a specified time, if the Vice-Chancellor is satisfied that the risk of injury ordamage remains.

2.4.4 The Vice-Chancellor must without delay notifythe student of that decision and advise them thatthey are entitled to appeal under Part 4.

PART 3 – ACADEMIC MISCONDUCT

3.1 Dealing with allegations of academicmisconduct

3.1.1 Any allegation of academic misconduct is to benotified as soon as possible to the chair of therelevant degree board and to the relevant head ofschool.

3.1.2 The head of school must, without delay and inany event within 10 days after the originalnotification of the alleged academic misconduct,notify the student who is the subject of theallegation. The notice must state the details of theallegation, and the time and place at which anacademic misconduct committee will convene todeal with the allegation, and be accompanied by

a copy of this ordinance.3.1.3 The head of school must also notify the

Academic Registrar within 10 days afternotification of the allegation. The AcademicRegistrar will arrange for a secretary to beprovided to the committee.

3.1.4 The committee must be convened not earlierthan 7 days, and not later than 21 days, afterreceipt by the student of the notice.

3.1.5 The committee consists of 3 members of theDiscipline Panel (one from each categoryspecified in subclause 1.6.2) who are nominatedby the chair or deputy chair of Academic Senate.The committee members must not be membersof the school in which the allegation originated.

3.1.6 The student may attend the committee meetingand may make a submission to the committee.The submission may be oral or in writing, orboth.

3.1.7 The student may be accompanied to the meetingby a person who is not a lawyer. That personmay act as an advocate for the student.

3.1.8 The committee may follow any procedure itthinks appropriate. It is not bound by the rules ofevidence or other technicalities or legal forms,and it may inform itself in relation to any matterin any manner that it thinks fit. However, thecommittee must␣–(a) act fairly; and(b) give both parties the opportunity to state

their case and to correct or contradict anyrelevant statement that they believe to beprejudicial to their case; and

(c) make sure that all documents that are to berelied on by either party at the meeting havebeen made available to the other party.

3.1.9 After the meeting the committee may, if it findsthe allegation of academic misconduct made out,impose any or all of these penalties:(a) reprimand;(b) the awarding of a lower grade to the student,

or the cancellation of the student’s credit forthe subject, or for the component ofassessment of the subject, to which theacademic misconduct relates;

(c) a fine of not more than $500;(d) the exclusion of the student from the

university, and suspension of theirenrolment, permanently or for any periodthat it thinks appropriate.

3.1.10 A committee that imposes a penalty under thisclause must notify the student and the AcademicRegistrar in writing within 3 working days afterthe penalty is imposed.

3.1.11 Notice to the student under subclause 3.1.10must include notice that they are entitled to




appeal on the grounds set out in Part 4.

3.2 Appeals in academic misconduct cases3.2.1 A student may appeal to the Discipline Appeals

Committee against a decision of, or a penaltyimposed by, a committee under clause 3.1.

3.2.2 Part 4 applies to the appeals process.

PART 4 – APPEALS

4.1 Discipline Appeals Committee4.1.1 There is set up a Discipline Appeals Committee

to hear appeals under this ordinance.4.1.2 The composition of the committee may vary

from case to case, but the Academic Registrarmust make sure that each committee consists of␣–(a) the Chair or Deputy Chair of Academic

Senate (who must chair the meeting); and(b) a head of school or other senior officer

nominated by the Chair of Academic Senateand the Academic Registrar; and

(c) the Academic Registrar or nominee; and(d) the president of the student association for

the campus at which the student is enrolled,or that president’s nominee.

4.1.3 The Academic Registrar must make sure that nomember of the appeals committee for a particularcase was a member of the academic misconductcommittee in that case or was involved in thecase.

4.2 Grounds of appealThe only grounds on which a student mayappeal against a decision under this ordinanceare:(a) personal bias or ill will on the part of the

person or body making the decision;(b) failure to comply with the rules of natural

justice;(c) new evidence that was not available at the

time of the hearing;(d) manifestly excessive or inappropriate

penalty.

4.3 Notice of appeal4.3.1 A student who wants to appeal against a

decision made or a penalty imposed under thisordinance must lodge with the AcademicRegistrar a written notice setting out:(a) on which of the grounds specified in clause

4.2 they intend to rely; and(b) the basis on which they believe that the

ground of appeal is made out.4.3.2 The notice must be lodged within 14 days after

receipt by the student of the notice of therelevant decision or penalty, or any longer timeallowed in a particular case by the AcademicRegistrar.

4.3.3 The Academic Registrar must make sure that thecommittee is convened within 21 days after thenotice of appeal is lodged. The AcademicRegistrar must give the student at least 7 days’notice of the meeting.

4.3.4 The committee must refuse to hear the appeal ifit is satisfied that the notice of appeal does notdisclose any of the grounds set out in clause 4.2.

4.4 Hearing of appeal4.4.1 The committee may follow any procedure it

thinks appropriate. It is not bound by the rules ofevidence or other technicalities or legal forms,and it may inform itself in relation to any matterin any manner that it thinks fit. However, thecommittee must␣–(a) act fairly; and(b) give both parties the opportunity to state

their case and to correct or contradict anyrelevant statement that they believe to beprejudicial to their case; and

(c) make sure that all documents that are to berelied on by either party at the meeting havebeen made available to the other party.

4.4.2 The student may be accompanied to the meetingby a person who is not a lawyer. That personmay act as an advocate for the student.

4.4.3 After considering the material relied on insupport of the appeal or in opposition to it, thecommittee must either dismiss the appeal oruphold it, and confirm, set aside or vary anypenalty imposed.

4.4.4 The committee must report its decision to theVice-Chancellor within 5 working days after it ismade, and must notify the Academic Registrarand the student within that time.

4.4.5 The decision of the committee is final.

PART 5 – MISCELLANEOUS

5.1 Publication of determinations5.1.1 The Academic Registrar must make sure that the

proceedings of the appeals committee arerecorded (mechanically or otherwise), and mustkeep the records for at least 6 months.

5.1.2 The Academic Registrar, on the advice of theappeals committee, may publish anydetermination of the committee.

5.1.3 The Academic Registrar must report to Councilany determinations of the appeals committee,whether or not the determinations are published.

5.2 Notice to studentsNotice to a student may be given by sending itby prepaid post to the most recent appropriateaddress for the student as recorded on theuniversity Student Record System, and must betaken to have been received by the student␣–

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(a) if that address is within Australia, on thethird working day after it was sent; and

(b) if that address is outside Australia, on thetenth working day after it was sent.

5.3 Undischarged penalties5.3.1 While a fine or a requirement for payment for

repairs to property or for university service workremains unpaid or unfulfilled, or while a studentis excluded from the university or theirenrolment is suspended, the student may not␣–(a) enrol; or(b) receive any results of assessment; or(c) graduate or receive a diploma or any

certificate stating that the student is qualifiedto graduate or receive a diploma in theuniversity; or

(d) receive a certificate of academic record␣–without the written consent of the Vice-Chancellor.

5.3.2 A student will not at any time be given credit atthe university for any study that is undertakenby the student at the university or any otherinstitution while the student’s enrolment at theuniversity is suspended.

5.4 Transitional provisions5.4.1 Any discipline proceedings that are, at the

commencement of this ordinance, under wayunder the Ordinance of Discipline in forceimmediately before that commencement, mustbe completed under the previous ordinance as inforce immediately before that commencement.

5.4.2 Any allegation of misconduct that concernsconduct that is alleged to have occurred beforethe commencement of this ordinance must bedealt with under the Ordinance of Discipline inforce immediately before that commencement.This subclause is subject to subclause 5.4.3.

5.4.3 Subclause 5.4.2 does not apply if the personmaking the allegation and the person who is thesubject of the allegation advise the AcademicRegistrar in writing that they want the matterdealt with under this ordinance.

5.4.4 Despite clause 1.6, the members of the disciplinepanel holding office immediately before thecommencement of this ordinance under theOrdinance of Discipline in force immediatelybefore that commencement are to act as thediscipline panel for the purposes of thisordinance until Academic Senate appoints adiscipline panel under clause 1.6.


Ordinance No. 59

Academic Senate The Council of the University of Tasmania makes thisordinance under the University of Tasmania Act 1992.


1. Commencement and revocation1.1 This ordinance takes effect on the day on which

it is made.1.2 Ordinance 27 (Of the Academic Senate) and

Ordinance 35 (amendment of Ordinance 27) arerevoked.

2. Reconstitution of Academic Senate2.1 The Academic Senate is reconstituted as set out

in this ordinance.

3. Functions of Academic Senate3.1 The Academic Senate is responsible for academic

matters within the university, and in particularthe Academic Senate will␣–• consider for approval all proposals from

faculties and schools relating to awards,including: course duration, content andstructure; entry requirements; and methodsof assessment

• determine the qualifications of candidatesbefore they may be admitted to degrees andother awards

• consider and recommend to Council allordinances and rules relating to academicmatters, including general entryrequirements, admissions, enrolments,academic assessment, student progress,discipline, prizes and scholarships

• provide advice as to the implications foracademic activities of plans for the allocationof resources to faculties and academicservices

• provide advice on processes to maintain andimprove the quality of the university’sacademic staff

• receive and comment on reports by the Vice-Chancellor relating to management actionsof significance to the academic community

• provide advice to Council on any matteraffecting the academic wellbeing of theuniversity.

3.2 The Academic Senate is subject to the generalauthority of the Council in the exercise of itsfunctions.

4. Membership4.1 The Academic Senate consists of␣–

(a) the Vice-Chancellor;(b) the Deputy Vice-Chancellor;(c) the Pro Vice-Chancellors;




(d) the Chair and Deputy Chair of the AcademicSenate;

(e) the Deans;(f) 15 elected heads of schools;(g) 5 elected heads of disciplines;(h) the chair of the Board of Graduate Studies by

Research;(i) the chairs of degree boards;(j) the presidents of the Tasmania University

Union Inc, the Student Association Inc andthe Tasmania University PostgraduateAssociation;

(k) 15 elected members of academic staff.4.2 The Academic Senate may co-opt up to 5

additional members if it decides it is necessary todo so for the purpose of minimising campus orgender imbalance.

4.3 An act or proceeding of the Academic Senate isnot invalidated by any vacancy in itsmembership.

4.4 The Deputy Principal and the UniversityLibrarian are entitled to attend meetings of theAcademic Senate, and have full speaking rights,but are not entitled to vote.

4.5 Schedule 1 has effect with respect to electedmembers of the Academic Senate.

5. Secretary5.1 The Academic Registrar is the secretary to the

Academic Senate.

6. Chair and Deputy Chair6.1 There are to be a Chair and a Deputy Chair of the

Academic Senate.6.2 The Chair is to be elected by the members of the

Academic Senate, and must hold the rank ofprofessor in the university to be eligible forelection.

6.3 The Deputy Chair is to be elected by and fromthe members of the Academic Senate, and musthold the rank of professor in the university to beeligible for election.

6.4 The Vice-Chancellor must be taken to have beenelected if he or she nominates as Chair.

6.5 The Chair and Deputy Chair hold office, subjectto this ordinance, for 2 years from 1 January inthe year following their election.

6.6 The office of Chair or Deputy Chair becomesvacant if the holder of the office␣–(a) ceases to be a member of the academic staff

of the university; or(b) resigns in writing to the Academic Registrar.

6.7 A person is not eligible to hold the office of Chairat the same time that they hold any one of theseoffices␣–• Deputy Vice-Chancellor• Pro Vice-Chancellor• Dean

• Head of School• Chair of Degree Board• Chair of Board of Graduate Studies by

Research

7. Replacement faculty members for Chair andDeputy Chair

7.1 If the Chair is already a member of AcademicSenate, the electorate by which the Chair iselected may elect a replacement member whohas the same qualifications for membership asthe person they replace.

7.2 The electorate by which the Deputy Chair iselected may elect a replacement member whohas the same qualifications for membership asthe person they replace.

7.3 A replacement member holds office for theremainder of the term of membership of theChair or Deputy Chair they replace, subject tothis ordinance.

7.4 The term of office of a replacement memberexpires when the Chair (if a member ofAcademic Senate when elected Chair) or DeputyChair they replace resigns that office but remainsa member of Academic Senate.

8. Casual vacancies␣– Chair and Deputy Chair8.1 The Academic Senate may, by election by its

members, fill any casual vacancy in the office ofChair.

8.2 The Academic Senate may, by election by andfrom its members, fill any casual vacancy in theoffice of Deputy Chair.

8.3 A person elected under subclause 8.1 or 8.2 holdsoffice for the remainder of the term of the formerChair or Deputy Chair.

9. Meetings9.1 The Chair is to chair any meetings of Academic

Senate at which the Chair is present.9.2 The Deputy Chair is to chair any meetings of

Academic Senate at which the Chair is notpresent.

9.3 The members present at a meeting of AcademicSenate at which neither the Chair nor the DeputyChair is present are to elect one of the memberspresent to chair the meeting.

10. Meeting procedures10.1 Academic Senate may determine its own

procedure, including the frequency and venue ofmeetings and the procedure to be adopted atmeetings.

11. Transitional provisions11.1 The people holding office as the Chair and

Deputy Chair of the Academic Senateimmediately before this ordinance takes effectcontinue to hold those offices, subject to this

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Ordinance, until 31 December 1998.11.2 The Chair must make sure that elections are held

for those positions before 31 December 1998.11.3 The members of the Academic Senate (other than

the elected members) holding office immediatelybefore this ordinance is made go out of office onthat day unless specifically continued in office byor under this ordinance.

11.4 The elected members holding office immediatelybefore this ordinance is made continue to holdoffice, subject to this ordinance, until␣–(a) the Chair declares new members elected

under this ordinance; or(b) 30 May 1998␣–whichever is earlier.

11.5 The Chair must make sure that elections are heldfor the elected members before 30 May 1998.

11.6 Members elected at the 1998 elections take officeas soon as the Chair declares them elected.

SCHEDULE 1 – ELECTED MEMBERS(clause 4.5)

s1. Commencement and revocationThe members of Academic Senate who arereferred to in clause 4.1 (f) are to be elected bythe heads of schools within the faculties, so thateach faculty elects the number of membersspecified for that faculty in this clause:• Arts 4• Commerce and Law 2• Education 1• Health Science 3• Science and Engineering 5

s2. Reconstitution of Academic Senates2.1 The members of Academic Senate who are

referred to in clause 4.1 (g) are to be elected bythe heads of disciplines within the faculties in 2groups, so that each group elects the number ofmembers specified for that group in this clause:• Arts / Commerce and Law / Education 2• Health Science / Science and Engineering 3

s2.2 For the purposes of this ordinance, the professorsin a school that does not have disciplinesidentified within it are eligible for election toAcademic Senate as if they were heads ofdisciplines.

s2.3 For the purposes of this ordinance, any heads ofschools who are not elected in any year toAcademic Senate under clause 4.1(f) are eligiblefor election in that year or the following year as ifthey were heads of disciplines.

s3. Members of academic staffs3.1 The members of Academic Senate who are

referred to in clause 4.1 (k) are to be elected bythe academic staff of the faculties, so that each

faculty elects the number of members specifiedfor that faculty in this clause:• Arts 4• Commerce and Law 2• Education 1• Health Science 3• Science and Engineering 5

s3.2 A person who is a head of school or a head ofdiscipline is not eligible for election under clause4.1 (k).

s4. Term of offices4.1 Members elected in any calendar year hold office

for 2 years from 1 January in the next year,subject to this ordinance.

s4.2 A person is only eligible for election for 2consecutive terms as head of school or head ofdiscipline, as the case may be, but may be re-elected, for no more than 2 consecutive terms, inthat capacity after 1 or more terms out of office.

s5. Staggered electionss5.1 Despite anything else in this ordinance, the

elected heads of schools and academic staffmembers who are elected at the 1998 elections bymembers of a faculty listed in this clause are tobe ranked within that faculty according to thenumber of votes they get, with number 1 beingthe person who gets the most votes.Faculty Heads of Schools and

Academic Staff Members•␣ Arts 3•␣ Commerce and Law 2•␣ Health Science 2•␣ Science and Engineering 4The people ranked at or below the numberspecified for that faculty in this clause go out ofoffice on 31 December 1999.The people ranked above the number specifiedfor that faculty in this clause go out of office on31 December 2000.

s6. Elections after 1998s6.1 The Chair must make sure that elections in each

year after 1998 are held for the number ofmembers who go out of office in that year,according to the timetable established by clauses5 and the future extension of that timetable.

s6.2 The table illustrates the numbers to be electedeach year:Faculty Heads of Schools and Staff Representatives

1999 and following 2000 and following odd years even years

•␣ Arts 2 2•␣ Commerce and Law 1 1•␣ Education – 1•␣ Health Science 2 1•␣ Science and Engineering 2 3




UNIVERSITY OF TASMANIA RULES

The University makes many different kinds of rules,including rules on• endowments, prizes and scholarships (listed in the

section on Prizes)• courses (now known as ‘Course Specifications’ and

listed in their own section); and• the following three rules

Index

Rules of Awards 72Rules of Higher Degrees by Research 77Rule on Student Progress 81

s7. Elections after 1998s7.1 An elected head of school member goes out of

office␣–(a) if they are no longer a head of school; or(b) if they resign in writing to the Academic

Registrar; or(c) if they become the Vice-Chancellor, a

Deputy Vice-Chancellor, a Dean or the chairof a degree board.

s7.2 An elected head of discipline member goes out ofoffice␣–(a) if they are no longer a head of discipline; or(b) if they resign in writing to the Academic


Deputy Vice-Chancellor, a Dean or the chairof a degree board.

s7.3 An elected staff member goes out of office␣–(a) if they are no longer a member of the

academic staff; or(b) if they resign in writing to the Academic


Deputy Vice-Chancellor, a Dean, the chair ofa degree board, a head of school or a head ofdiscipline.

s7.4 An elected member vacancy is to be filled byelection. The new member holds office for theremainder of the term of the former member,subject to this ordinance.

Made by Council on 20 March 1998.

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UNIVERSITY OFTASMANIA RULES

23rd February, 1998The following document has been placed here by theUniversity’s Publication Unit, who have added explanatoryfootnotes where necessary (numbered [a], [b] , etc). Thedocument itself, however, is wholly and only theresponsibility of the Legislation Committee, who devisedit, and the University Council, who directed that it shouldbe signed and sealed.© University of Tasmania, 1998.

Rule No. 61

Rules of AwardsThe Council of the University of Tasmania makes thisRule under the University of Tasmania Act, 1992 andOrdinance No. 17

1. Commencement and revocation1.1 These rules take effect on the day on which they

are made.1.2 Rule 12 (Rules of Awards) is revoked. So are

Rules 35, 38, 43, 49 and 59, which amended Rule12.

2. Definition2.1 “award” means a degree, diploma or certificate

referred to in the Table.

3. Faculties3.1 The Table sets out, in relation to each award␣–

• the faculty responsible for its administration• the approved abbreviation• the minimum time for completion.

4. Entrance requirements4.1 Academic Senate may from time to time fix the

general entrance requirements of the University.4.2 A candidate for a bachelor’s degree must␣–

(a) meet the general entrance requirements ofthe University; or

(b) have qualifications that the AcademicRegistrar certifies to be equivalent tomeeting those requirements␣–

unless the responsible faculty decides otherwisein respect of any particular award or anyparticular category of candidates.

4.3 A candidate for• a bachelor’s degree with honours• a diploma• a master’s degree by courseworkmust meet the requirements fixed by theresponsible faculty.

5. Continuing enrolment5.1 A candidate who is accepted for enrolment in an

award is eligible for continued enrolment in that

award, subject to these rules and the university’srules on academic progress.

6. Requirements for awards6.1 The faculty responsible for an award may from

time to time fix or vary the course of study thatcandidates must complete to qualify for thataward, including• optional or compulsory units• the minimum number and approved

combinations of those units• the pre-requisites and co-requisites for those

units• the maximum time for completion of the

award.6.2 The faculty must get the approval of Academic

Senate before␣–(a) offering a unit in a teaching area new to the

university; or(b) adding or deleting a unit if that may

substantially affect another faculty.6.3 The Chair of Academic Senate may refer a

decision of a faculty to the Academic Senate ifthe Chair considers that the decision is sosignificant that the Academic Senate ought toconsider it. The Academic Senate may rescindthe faculty’s decision, or direct the faculty not toimplement it.

6.4 A faculty must not exercise the powers set out insubclause 6.1 in such a way that a student who isalready enrolled in the award is disadvantagedby the change.

7. Additional requirements7.1 A faculty may, with the approval of Academic

Senate, from time to time fix additionalprescriptions for an award, consistent with theseRules.

8. Publication of requirements8.1 Each faculty must make sure that␣–

(a) information about matters decided underclause 6; and

(b) any additional prescriptions under clause7are published annually in a handbook thatis available to all students and intendingstudents.

8.2 The inclusion of a unit in a handbook does notoblige the faculty, or the university, to teach thatunit in any given year.

9. Credit for other studies9.1 A faculty may give a student credit for one or

more units required for an award, on the basis ofstudies completed in another faculty orinstitution.

9.2 The faculty may give that credit on anyconditions it considers appropriate.




TABLESection 1: Awards administered within a single Faculty

Approved Minimum yearsAward Abbreviation for completion

Faculty of Arts

Associate Diploma of Art, Craft & Design AssocDipArt 2Associate Diploma of Fine Art and Design AssocDipFAD 2*Associate Diploma in Fine Arts␣[c] ADipFinArt 2Associate Diploma in Modern Languages AssocDipModLang 2Associate Diploma of Music (H) AssocDipMus 2*Associate Diploma of Music (L) ADipMus 2Associate Diploma of Performing Arts AssocDipPA 2*Associate Diploma of Arts in Drama ADipArtDra 2*Diploma of Music DipMus 3Bachelor of Arts BA 3*Bachelor of Arts and Bachelor of Social Work BA/BSW 5Bachelor of Fine Arts BFA 3#Bachelor of Music␣ [d] BMus 4Bachelor of Music BMus 3Bachelor of Performing Arts BPA 3Bachelor of Social Science BSocSc 3Bachelor of Social Work BSW 4Bachelor of Arts with Honours BA(Hons) 1Bachelor of Fine Arts with Honours BFA(Hons) 1#Bachelor of Music with Honours BMus(Hons) 4Bachelor of Music with Honours BMus(Hons) 1Bachelor of Social Work with Honours BSW(Hons) 4Graduate Certificate in Applied Sociology GradCertAppSoc 0.5Graduate Diploma in Applied Sociology GradDipAppSoc 1*Graduate Diploma of Art, Craft and Design GradDipArt 1*Graduate Diploma in Fine Arts GradDipArt 1Graduate Diploma in Humanities GradDipHum 1*Graduate Diploma in Library & Information Studies GradDipLibInfStud 1Graduate Diploma in Modern Languages GradDipModLang 1Graduate Diploma of Music GradDipMus 2*Graduate Diploma in Humanities with Honours GradDipHum(Hons) 1*Graduate Diploma in Library & Information Studies with Honours GradDipLibInfStud(Hons)1Master of Applied Sociology MAppSoc 1.5Master of Fine Art and Design MFAD 1.5Master of Humanities MHum 1.5Master of Music MMus 2Master of Public Administration MPA 1.5Master of Social Science MSocSci 1.5Master of Social Work MSW 1.5

Faculty of Commerce and Law

*Associate Diploma in Emergency Management AssocDipEmergMan 1*Bachelor of Business BBus 3Bachelor of Business Administration (Hospitality Management) BBA(HospMgmt) 3Bachelor of Business Administration (Human Resource Management) BBA(HRM) 3

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Bachelor of Commerce BCom 3Bachelor of Commerce and Bachelor of Laws BCom-LLB 5Bachelor of Economics BEc 3Bachelor of Economics and Bachelor of Laws BEc-LLB 5Bachelor of Information Systems BIS 3Bachelor of Information Systems and Bachelor of Laws BIS-LLB 5Bachelor of Laws LLB 4Bachelor of Commerce with Honours BCom(Hons) 1Bachelor of Commerce and Bachelor of Laws with Honours in Law BCom-LLB(Hons) 5Bachelor of Economics with Honours BEc(Hons) 1Bachelor of Economics and Bachelor of Laws with Honours in Law BEc-LLB(Hons) 5Bachelor of Information Systems with Honours BIS(Hons) 1Bachelor of Information Systems and Bachelor of Laws with

Honours in Law BIS-LLB(Hons) 5Bachelor of Laws with Honours LLB(Hons) 4*Graduate Certificate in Corporate Management GradCertCorpMgt 1#Graduate Certificate in Legal Practice GradCertLegPrac 0.5Graduate Certificate of Management GradCertMgt 0.5Graduate Diploma of Business Administration GDBA 1*Graduate Diploma of Business in Professional Management GradDipProfMgt 2Master of Business Administration MBA 2Master of Commerce MCom 1.5Master of Information Systems MIS 1.5*Master of Legal Studies (Maritime Policy & Law) MLegSt(MaritimePolicy 1

Education

*Diploma of Education DipEd 1*Diploma of Teaching DipTeach 3Bachelor of Adult and Vocational Education BAdVocEd 3Bachelor of Education BEd 4Bachelor of Education (In-Service) BEd 1Bachelor of Human Movement BHM 4Bachelor of Teaching BTeach 2Bachelor of Education with Honours BEd(Hons) 4Bachelor of Adult and Vocational Education with Honours BAdVocEd(Hons) 1Bachelor of Human Movement with Honours BHM(Hons) 4Bachelor of Teaching with Honours BTeach(Hons) 2Graduate Certificate of Education GradCertEd 0.5Graduate Diploma of Education GradDipEd 1Master of Education MEd 1.5Doctorate in Education EdD 3

Health Science

Bachelor of Biomedical Science BBiomedSc 3#Bachelor of Medical Science BMedSc 3Bachelor of Medical Science BMedSc 4Bachelor of Medicine, Bachelor of Surgery MBBS 6Bachelor of Nursing BN 3#Bachelor of Pharmacy BPharm 3Bachelor of Pharmacy BPharm 4Bachelor of Biomedical Science with Honours BBiomedSc(Hons) 1#Bachelor of Medical Science with Honours BMedSc(Hons) 1Bachelor of Medical Science with Honours BMedSc(Hons) 4




Bachelor of Medicine, Bachelor of Surgery with Honours MBBS(Hons) 6Bachelor of Nursing with Honours BN(Hons) 1#Bachelor of Pharmacy with Honours BPharm(Hons) 1Bachelor of Pharmacy with Honours BPharm(Hons) 4Graduate Diploma in Immunology & Microbiology GradDipImmunol

Microbiol 1*Graduate Diploma in Molecular Biology GradDipMolBiol 1#Graduate Diploma in Human Physiology & Pharmacology GradDipHumPhysioland

Pharmacol 1#Graduate Diploma of Pharmacy GradDipPharm 1Graduate Diploma of Advanced Nursing GradDipAdvN 2 (PT only)Master of Nursing MN 1.5

Science & Engineering

Associate Diploma of Applied Science in Aquaculture AssocDipAppScAq 2#Diploma of Applied Science in Aquaculture DipAppScAq 3Bachelor of Agricultural Science BAgrSc 4#Bachelor of Applied Computing BAppComp 3BAppCompBachelor of Applied Science BAppSc 3Bachelor of Applied Science (Agriculture) BAppSc(Agr) 3Bachelor of Applied Science (Horticulture) BAppSc(Hort) 3Bachelor of Aquaculture BAqua 3Bachelor of Architecture␣[a] BArch 2*Bachelor of Aviation Studies BAvnStud 3*Bachelor of Building BBuild 4Bachelor of Computing BComp 3Bachelor of Engineering BE 4Bachelor of Environmental Design␣[b] BEnvDes 3 (after 1st

Degree)Bachelor of Geomatics BGeom 4Bachelor of Science BSc 3Bachelor of Science and Bachelor of Engineering BSc-BE 5*Bachelor of Surveying BSurv 4Bachelor of Technology BTech 3Bachelor of Agricultural Science with Honours BAgrSc(Hons) 4Bachelor of Antarctic Studies with Honours BAntStud(Hons) 1#Bachelor of Applied Computing with Honours BAppComp(Hons) 1Bachelor of Applied Science with Honours BAppSc(Hons) 1Bachelor of Architecture with Honours␣[a] BArch(Hons) 2Bachelor of Computing with Honours BComp(Hons) 1Bachelor of Engineering with Honours BE(Hons) 4Bachelor of Environmental Design with Honours BEnvDes(Hons) 1Bachelor of Geomatics with Honours BGeom(Hons) 1Bachelor of Science with Honours BSc(Hons) 1Bachelor of Science and Bachelor of Engineering with Honours

in Engineering BSc-BE(Hons) 5*Bachelor of Surveying with Honours BSurv(Hons) 1Graduate Diploma of Agricultural Science GradDipAgrSc 1#Graduate Diploma of Applied Computing GradDipAppComp 1Graduate Diploma of Applied Science in Aquaculture GradDipAppSc 1*Graduate Diploma of Arts in Urban and Regional Planning GDipUrban&RegPl 1Graduate Diploma of Computing GradDipComp 1*Graduate Diploma of Economic Geology GradDipEconGeol 1

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*Graduate Diploma in Psychology GradDipPsych 1*Graduate Diploma in Psychology and Education GradDipPsychEd 1Graduate Diploma of Science GradDipSc 1Graduate Diploma of Science (Antarctic & Southern Ocean Studies) GradDipSc(ASOS) 1*Graduate Diploma of Science (Environmental Studies) GradDipSc(EnvSt) 1Graduate Diploma in Spatial Information Science with Honours GradDipSIS(Hons) 1Graduate Diploma of Agricultural Science with Honours GradDipAgrSc(Hons) 1#Graduate Diploma in Applied Computing with Honours GradDipAppComp(Hons) 1Graduate Diploma of Computing with Honours GradDipComp(Hons) 1*Graduate Diploma of Economic Geology with Honours GradDipEconGeol(Hons) 1Graduate Diploma of Engineering with Honours GradDipEng(Hons) 1Graduate Diploma of Science with Honours GradDipSc(Hons) 1Graduate Diploma of Science (Antarctic & Southern Ocean Studies)

with Honours GradDipSc(ASOS)(Hons) 1*Graduate Diploma of Science (Environmental Studies) with Honours GradDipSc(EnvSt)(Hons) 1#Master of Applied Computing MAppComp 2Master of Applied Science in Aquaculture MAppSc 1Master of Computing MComp 2*Master of Polar and Oceanic Science MPOSc 1.5Master of Psychology (Clinical Psychology) MPsych(Clin) 2Master of Psychology (Educational Psychology) MPsych(Ed) 2Master of Science (Economic Geology) MSc(EconGeol) 1Master of Science (Environmental Management) MSc(EnvMgt) 2#Master of Science (Environmental Studies) MSc(EnvSt) 2Master of Science Studies MScSt 1Master of Technology MTech 1.5Master of Town Planning MTP 2

Section 2: Combined degrees administered by two faculties

Approved Minimum yearsAward Abbreviation for completion

Commerce and Law, and Arts

Bachelor of Arts and Bachelor of Laws BA-LLB 5Bachelor of Commerce and Bachelor of Arts BCom-BA 5Bachelor of Economics and Bachelor of Arts BEc-BA 5Bachelor of Arts and Bachelor of Laws with Honours in Law BA-LLB(Hons) 5

Commerce and Law, and Science and Engineering

#Bachelor of Commerce and Bachelor of Applied Computing BCom-BAppComp 5Bachelor of Commerce and Bachelor of Applied Science BCom-BAppSc 5Bachelor of Commerce and Bachelor of Computing BCom-BComp 5#Bachelor of Computing and Bachelor of Laws BComp-LLB 5#Bachelor of Economics and Bachelor of Computing BEc-BComp 5Bachelor of Science and Bachelor of Laws BSc-LLB 5#Bachelor of Computing and Bachelor of Laws with Honours in Law BComp-LLB(Hons) 5Bachelor of Science and Bachelor of Laws with Honours in Law BSc-LLB(Hons) 5

[a] (after first degree)[b] BEnvDes is the first degree (a prerequisite for the Bachelor of Architecture), see [a][c] Awards prefixed * have had no new intake since the beginning of 1997[d] Awards prefixed # have no new intake from the beginning of 1998.

Made by Council on 20 March 1998




Rule No. 24

Rules of Higher Degrees byResearch

The Council of the University of Tasmania makes thisRule under the University of Tasmania Act 1992.Note: These Rules have been amended in accordance with theAmendment of Rules of Higher Degrees by Research Rule; and by Rule48, Amendment of Rules of Higher Degrees by Research.

Repeal1 The Rules of Higher Degrees by Research are

rescinded.

Interpretation2 In this Rule, unless the contrary intention

appears:(a) ‘Candidate’ means a person enrolled at the

University as a candidate for a degree.(b) ‘Committee’ means the Research Higher

Degrees Committee constituted by theOrdinance of the Board of Graduate Studies byResearch.

(c) ’Degree’ means any one of the degrees listedin section 3 of this Rule.

(d) ‘Head of department’ means the head of theacademic department in which the candidateis enrolled.

(e) ‘Recognised tertiary institution’ means atertiary institution, in Australia or elsewhere,awarding degrees which, in the opinion ofthe Senate, are comparable in standard todegrees awarded by the University.

(f) ‘Thesis’ means the collection of materialssubmitted for examination by a candidate.

Approved abbreviations3 (1) The approved abbreviation for the degree of

Doctor of Philosophy shall be PhD.(2) The approved abbreviations for master

degrees by research shall be:MAgrSc Master of Agricultural ScienceMAppSc Master of Applied ScienceMArch Master of ArchitectureMA Master of ArtsMA(CogSc) Master of Arts in Cognitive

ScienceMCom Master of CommerceMDes Master of DesignMEc Master of EconomicsMEd Master of EducationMEngSc Master of Engineering ScienceMEnvSt Master of Environmental

Studies (Research)MFA Master of Fine Arts (Research)LLM Master of LawsMMedSc Master of Medical Science

MMus Master of Music (Research)MN Master of NursingMPharm Master of PharmacyMSc Master of ScienceMSc Master of Science (Exploration

Geoscience)MSocSc Master of Social Science

(Research)MSIS Master of Spatial Information

Science

Thesis4 (1) A candidate shall pursue a program of

research and advanced study on a subjectapproved by the Committee, and shallpresent for examination a Thesis embodyingthe results of the research and which, unlessthe Committee otherwise determines, shallinclude substantial written work.

(2) A candidate may not present forexamination for the degree any work whichhas been accepted for a degree by theUniversity or any other institution.

(3) Notwithstanding 4(2), a candidate mayinclude in a Thesis by way of backgroundinformation work which has been acceptedfor a degree by the University or anotherinstitution provided that it is clearlyidentified as such.

(4) A degree is awarded for a substantialoriginal contribution at the bestcontemporary international standard asjudged by disinterested experts.

Qualifications of candidates5 (1) The Committee may admit as a candidate for

the degree of PhD a person who satisfies atleast one of the following requirements:(a) who has qualified for admission to a

degree of bachelor with first classhonours or second class honours upperdivision, or a graduate diploma withfirst class honours or second classhonours upper division, at a recognisedtertiary institution in a field relevant tothe proposed field of specialisation forthe degree in which the candidateproposes to enrol; or

(b) who has qualified for admission to adegree of master at a recognised tertiaryinstitution, which degree required thecompletion and external examination ofa substantial piece of work which theCommittee considers to be of anacceptable standard; or

(c) who has qualified for admission to the

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degrees of Bachelor of Medicine andBachelor of Surgery at a recognisedtertiary institution; or

(d) who has qualifications which, in theopinion of the Committee, are asatisfactory substitute for any of thequalifications prescribed in sections 5(1)(a), (b) or (c); or

(e) who has submitted evidence of researchpotential in the form of publications andreports which, in the opinion of theCommittee, are a satisfactory substitutefor the qualifications prescribed insections 5(1) (a), (b) or (c); or

(f) who has completed the equivalent of atleast twelve months of full-time researchtowards a degree of master by researchwithin the University and who hassubmitted a substantial written reporton the progress of research during thatcandidature which the Committee, onthe advice of the head of department,accepts as suitable evidence of researchpotential.

(2) The Committee may admit as a candidate forthe degree of master a person who satisfiesat least one of these requirements:(a) who has qualified for admission to a

degree of bachelor with first or secondclass honours or a graduate diplomawith first or second class honours at arecognised tertiary institution in a fieldrelevant to the proposed field ofspecialisation for the degree in which thecandidate proposes to enrol; or

(b) who has qualified for admission to adegree of bachelor at a recognisedtertiary institution, has completed aminimum of two years postgraduatework and has publications and reportswhich the Committee considers to besuitable evidence of research potential;or

(c) who has qualified for admission to adegree of bachelor at a recognisedtertiary institution, subject however tothe requirement that the continuation ofthe candidature will depend on thecandidate passing a preliminaryexamination at the end of a supervisedcourse of advanced study prescribed bythe Committee on the advice of the headof department; or

(d) who has qualifications which, in theopinion of the Committee, are

equivalent to those prescribed inparagraph (a), (b) or (c).

(3) If the Committee determines that a persondoes not qualify for admission tocandidature for the degree, that decisionshall be conveyed to the applicant who may,within fourteen days of being so informed,make relevant representations andsubmissions in writing to the Committee.

Supervisors6 (1) For each candidate the Committee shall

appoint a supervisor for the period of thecandidature.

(2) The supervisor shall be a member of staff ofthe University and shall provide guidance,direction and advice on all aspects of thecandidature.

(3) The Committee may appoint research orassociate supervisors to provide specialisttechnical expertise for supervision of theresearch program or to assist the supervisor.

(4) A candidate who has a complaint orgrievance regarding supervision shall havethe right to apply to the Committee todetermine the matter.

(5) If the supervisor of a candidate is unable toact for a period of three months or more, orceases to be a member of staff of theUniversity, the head of department becomesthe supervisor unless and until alternativearrangements are made by the Committee.

Period of candidature7 (1) The Committee may approve full-time or

part-time candidature for a degree.(2) Unless the Committee in any particular case

determines otherwise, the full-time period ofcandidature shall be:(a) for PhD candidates a minimum of two

years and a maximum of four years, and(b) for master’s candidates a minimum of

one year and a maximum of three years.(3) Unless the Committee in any particular case

determines otherwise, a period of part-timecandidature shall be counted as being theequivalent of full-time candidature for onehalf that period.

Enrolment8 (1) Following approval of candidature, an

applicant must enrol as a candidate withinthe time prescribed by the Committee.

(2) During candidature, a candidate mustcomply with such enrolment requirementsas are prescribed by the Registrar␣[a] fromtime to time.




(3) If an applicant or a candidate fails to complywith 8(1) or 8(2) the candidature shall lapse

Submission of thesis9 (1) The Committee shall determine a final date

for submission of the Thesis.(2) If the Thesis is not submitted by the date

determined under 9(1) the candidature shalllapse.

(3) Notwithstanding 9(2), in appropriatecircumstances, and on the advice of the headof department, the Committee may extendthe final date by which the Thesis must besubmitted whether or not that date hasalready passed and whether or not it hasbeen extended previously.

Suspension of program10 (1) The Committee may, at the request of a

candidate and on the advice of the head ofdepartment, temporarily suspend thecandidate’s program for a specified period.

(2) The candidate must lodge with theCommittee a notice of reactivation of thecandidature following a period of approvedsuspension.

(3) If the candidate fails to lodge such noticewithin two weeks of the end of the approvedperiod of suspension, the candidature shalllapse.

(4) Any approved period of suspension shallnot be taken into account in calculating anyperiod for the purposes of section 7.

Place of candidature11 (1) Subject to the provisions of this section, the

program for the degree shall be pursuedwithin the University.

(2) The Committee may permit a candidate topursue part of the program other thanwithin the University, provided that theCommittee is satisfied that suitablearrangements can be made for the programand for supervision.

(3) Candidates are normally required to pursuetheir research programs within theUniversity for at least eight months for amaster degree, and at least 12 months for aPhD, although in appropriate circumstancesa shorter period may be approved by theCommittee.

Termination of candidature12 (1) Candidature may be terminated by the

Committee␣–(a) if the candidate, having been admitted

under 5(2) (c), does not pass a

preliminary examination at the end of asupervised course of advanced studyprescribed by the Committee on theadvice of the head of department; or

(b) if the supervisor and the head ofdepartment advise the Committee thatthe performance of the candidate isunsatisfactory and recommend thatcandidature be terminated.

(2) A candidate whose standard of work issatisfactory, but whose rate of progress issuch that it is unlikely that the Thesis will becompleted within the maximum timeallowed by the Committee, may not be thesubject of a recommendation under 12(1).

(3) The Committee must investigate anyrecommendation made under subclause (1)(b).

(4) Unless the Committee determines to take noaction after it has carried out the preliminaryinvestigation under 12(3), the candidate shallbe informed of the recommendation to theCommittee and of the substance of the reportmade by the supervisor.

(5) The candidate may within fourteen days ofbeing so informed make relevantrepresentations and submissions in writingfor consideration by the Committee.

(6) The Committee shall consider the reportfrom the head of department and thecandidate’s representations andsubmissions, if any, and shall then determinewhether or not the candidature ought to beterminated.

Notice of submission of thesis13 (1) A candidate shall give notice of the date of

submission of the Thesis in such form as theCommittee may require.

(2) At the time of giving such notice thecandidate may submit a reasoned statementwhy any specified person ought not beappointed an examiner of the Thesis.

Submission of the thesis14 (1) The candidate shall submit to the Committee

such number of copies of the Thesis as theCommittee may require from time to time.

(2) The Thesis shall be presented in such form asthe Committee may require.

Appointment of examiners15 Upon the Committee being satisfied that all

requirements of the candidature have been met itshall appoint examiners of the Thesis.

Examination of the thesis

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16 (1) Each examiner shall make an independentreport on the merits of the Thesis to theCommittee.

(2) An examiner may require the candidate toanswer questions concerning the Thesis.

(3) After considering all relevant reports on theThesis, the Committee shall determinewhether the candidate has:(a) satisfied the requirements for the award

of the degree;(b) satisfied the requirements for the award

of the degree subject to specifiedconditions being met;

(c) not satisfied the requirements for theaward of the degree.

(4) If the Committee does not determine that thecandidate has satisfied the requirements forthe award of the degree it may:(a) allow the candidate to revise the Thesis

and submit it for re-examination undersuch conditions as it may prescribe, or

(b) in the case of PhD candidates:(i) determine that the candidate has

satisfied the requirements for theaward of a degree of master, or

(ii) allow the candidate to revise theThesis and submit it for re-examination for the degree ofmaster.

(5) A Thesis submitted for re-examination asprovided in 16(4) shall not be accepted for afurther re-examination.

Copies of accepted thesis17 (1) On acceptance of the Thesis for the award of

the degree, the candidate is required to lodgewith the Committee two copies of thewritten work of the Thesis and such numberof copies of the other materials in the Thesisand in such form as the Committee maydetermine.

(2) One copy of the written work of the Thesisshall be deposited in the Library and one inthe relevant academic department.

(3) Copies of the materials in the Thesis otherthan the written work shall be deposited insuch place or places as the Committee maydetermine.

(4) The conditions of access to the Thesis shallbe governed by any prior agreement enteredinto by the University concerning suchaccess.

Procedures18 The Board of Graduate Studies by Research may

determine procedures for administering this

Rule.

Commencement19 (1) This Rule takes effect on 20 September, 1996.

(2) This Rule shall apply to any person who is acandidate at the time that this Rule comesinto force.

(3) Notwithstanding the provisions of 19(2), anycandidate who considers that he or she isdisadvantaged by the application of this Ruleinstead of the rules applying to thecandidature immediately before this Rulecome into force, may so inform theCommittee.

(4) Upon being informed under19(3), theCommittee, if satisfied that the candidate isso disadvantaged, may determine that someor all of the provisions of the former rulesshall apply to that candidate in place of thecorresponding provisions of this Rule.

Made by Council on 20 September, 1996.␣[a] i.e. Academic Registrar

9th February, 1998The following document has been placed here by theUniversity’s Publication Unit, who have added explanatoryfootnotes where necessary (numbered [a], [b] , etc). Thedocument itself, however, is wholly and only theresponsibility of the Legislation Committee, who devisedit, and the University Council, who directed that it shouldbe signed and sealed on the date indicated.© University of Tasmania, 1998.

Rule No. 60

Heads of SchoolsThe Council of the University of Tasmania makes thisRule under the University of Tasmania Act 1992 andOrdinance␣[a] .[a] i.e. Ordinance No. 57, Academic Structure (Part 4)

1. Commencement1.1 This Rule takes effect on 1 January 1998.

2. Appointment of Heads of Schools2.1 Council may appoint Heads of Schools in

accordance with these Rules.2.2 The term of office for a Head of School is 3 years,

unless Council specifies a shorter term in anyparticular case.

3. Qualifications3.1 Council must not appoint a person to be a Head

of School unless he or she is a member of thetenured academic staff of the School of the rankof senior lecturer or above. However, if Councilis satisfied that it is not practicable to appoint␣–(a) a person of that rank, it may appoint a

person of the rank of lecturer; or




(b) from within the School, it may appoint anymember of the tenured academic staff of therank of senior lecturer or above.

4. Consultation4.1 Council must not appoint a person to be a Head

of School unless␣–(a) the full-time academic staff of the School

have had a reasonable opportunity torecommend a nominee to the Vice-Chancellor: and

(b) the Vice-Chancellor has had a reasonableopportunity to consult appropriate people asto the recommendation; and

(c) Academic Senate has had a reasonableopportunity to consider therecommendation; and

(d) Council has considered the recommendationof the Vice-Chancellor as to the appointment(which may be a recommendation thatsomeone other than the staff nominee beappointed).

5. Acting Heads5.1 The Vice-Chancellor is to appoint a person who

is qualified under clause 3 as acting Head ofSchool if␣–(a) there is a vacancy in the office of Head; or(b) the Head is, or is expected to be, absent from

the university for at least one month.5.2 Each Head of School is to nominate to the Vice-

Chancellor a senior member of the School to actas Head at any time when the Head is absentfrom the university for less than one month andwhen there is no acting Head appointed by theVice-Chancellor under clause 5.1.

6. Allowances6.1 Non-contractual Heads and acting Heads

appointed under these Rules may receive anyallowances that the Council may determine.


Student ProgressThe Council of the University of Tasmania makes thisRule under the University of Tasmania Act 1992.

PART 1␣– PRELIMINARY

Commencement1 This rule takes effect on the day on which it is

made.

Definitions2 In this rule, unless the context indicates

otherwise, a term in Column 1 has the meaninggiven to it in Column 2:

Column 1 Column 2Academic Dean An academic dean as determined

under Ordinance No. 14 Of the Facultiesand a delegate of the academic deanunder this rule [N.B. Now known asthe ‘dean’ – see Ordinance 57]

AcademicRegistrar The Academic Registrar and a

delegate of the Academic Registrarunder these rules

Award Any degree, diploma or certificatelisted in the Schedule to the Rules ofAwards

Course A course of study prescribed in thespecifications of a particular award, ora course of study comprising unitsspecified for a non-award or enablingcourse

Credit Standing granted in a course forspecified units, or a specifiedcomponent of a course, on the basis ofprevious study or relevantprofessional experience

Faculty A faculty as determined underOrdinance No. 14 Of the Faculties [SeeOrdinance 57]

HECS Higher Education ContributionScheme

Non-award unitA unit, normally from a course, takenby a person who has not applied foradmission to the relevant course

Postgraduate Courses or students enrolled incourses leading to an award ofGraduate Certificate, GraduateDiploma, Master degree or Doctor ofPhilosophy

Specifications Prescriptions for courses determinedby faculties in relation to specificawards and published in theHandbook

Student A person enrolled in a courseUndergraduate Courses or students enrolled in

courses leading to an award ofAssociate Diploma, Diploma, Bachelordegree, or Bachelor degree withhonours

Unit A set of lectures, seminars, tutorialsand/or practical sessions on aparticular topic within a course that isassigned a weight for the purposes ofcredit in the course and that attracts anassessment grade.

Application of this rule3 This rule applies to student progress through

undergraduate and postgraduate courseworkcourses and units taken as non-award units.

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PART 2␣– ADMISSION

Requirements for admission4.1 Academic Senate is to determine from time to

time the entrance requirements of the Universityand the associated procedures to establisheligibility for admission to undergraduate andpostgraduate coursework courses and unitstaken as non-award units.

4.2 Academic Senate on the recommendation of theresponsible Faculties is to determine from time totime prerequisites and corequisites for specifiedcourses or units within courses as prescribed inthe Rules of Awards ( Rule no. 12, under theOrdinance of Awards ).

Application for admission5.1 A person seeking admission to a course at the

University or enrolment in a unit of a coursemust do so in accordance with this rule.

5.2 A person intending to commence a course at theUniversity, or to resume a course after a periodof exclusion or an unapproved period of non-enrolment of one semester or more, must applyin writing to the Academic Registrar foradmission to a course on the relevant applicationform, and by the specified date.

5.3 Applications received after the specified datewill only be considered at the discretion of theAcademic Registrar.

Admission6.1 An applicant is eligible for admission to an

undergraduate course if the applicant satisfiesadmission requirements approved by AcademicSenate.

6.2 An applicant is eligible for admission to agraduate entry bachelor degree course, abachelor degree with honours course or apostgraduate coursework course if the applicantsatisfies the entry requirements determined bythe responsible faculty and approved byAcademic Senate.

6.3 Admission to courses is subject to anyrestrictions determined by the University on thetotal number of applicants, or the number of aparticular category of applicant to be admitted toany course in the relevant year.

6.4 Eligibility for admission to the University doesnot confer the automatic right to a place in theUniversity.

6.5 The Academic Registrar will notify applicants inwriting of their admission to a course and of anyconditions which apply to their admission.

6.6 An offer of admission to a course lapses if anapplicant fails to lodge a completed enrolmentform with the Academic Registrar by the datespecified on the notice of admission.

6.7 The Academic Registrar will notify applicants inwriting of the reasons for their non-admission toa course.

Clarification of non-admission7 A person who is unsuccessful in an application

for admission to a course may seek clarificationof the reasons for the decision from theAcademic Registrar.

Change of course8 A student admitted to a course who

subsequently seeks admission to a differentcourse must submit a new application foradmission.

PART 3␣– ENROLMENT

Enrolment necessary to undertake study9 A person must not undertake any course or unit

of a course without being enrolled, in accordancewith this rule, at the relevant time.

Enrolment eligibility10.1 A person may apply to enrol in a course or unit

of a course␣–(a) after receiving notification from the

Academic Registrar of admission to therelevant course or unit of a course; or

(b) if the person seeks to enrol in a non-awardunit; or

(c) if the person satisfies the conditionsapplying to re-enrolment.

10.2 To be eligible for re-enrolment in a course astudent␣–(a) must have been enrolled in at least one unit

specified in the relevant course schedule inthe previous semester, unless a leave ofabsence has been approved by the academicdean of the responsible faculty; and

(b) must not be currently excluded from thatcourse as a result of an academic progressreview; and

(c) must have met all financial obligations forfees and charges related to previousenrolment; and

(d) must not be currently excluded under theOrdinance of Discipline. [See Ordinance 58]

Enrolment procedures11.1 An application for enrolment must be made to

the Academic Registrar in writing on theprescribed form and submitted by the specifiedclosing date.

11.2 Applications received after the specified closingdate will not be accepted unless accompanied bythe relevant late fee. In exceptional circumstancesthe fee may be waived on application to theAcademic Registrar.

11.3 Each student is responsible for checking the




completeness and accuracy of their applicationfor enrolment and to seek advice that theirenrolment complies with the relevant coursespecifications.

11.4 All applications for enrolment in specific unitsare subject to any restrictions determined by theUniversity on the availability of units andstudent numbers in units.

11.5 All enrolments require the written approval of:(a) the academic dean of the faculty responsible

for the course; and(b) the head of department responsible for

teaching the unit, if it is not taught by thefaculty offering the course.

Valid enrolment12 A valid enrolment requires that

(a) the student has been admitted to a course orhas enrolled in a unit or units of a course;and

(b) the enrolment in a unit or units, if relevant,has been approved by the relevant academicdean or head of department; and

(c) the student has fulfilled their obligationsunder HECS and paid any relevant fees; and

(d) the student has not withdrawn from a courseor unit by the specified date.

Notification of enrolment13.1 The Academic Registrar is to issue an enrolment

statement before the start of the first semester inthe academic year, or as soon as practicable afterlate enrolment or enrolment for second semester,to each enrolled student following approval oftheir enrolment by the academic dean of theresponsible faculty.

13.2 Each student is responsible for checking thattheir enrolment statement is current and correct;for seeking advice as necessary; and for notifyingthe Academic Registrar by the prescribed date ofany errors or omissions.

Variation of enrolment14.1 A student may apply to vary enrolment,

including withdrawal from units, by submittingthe prescribed form, approved by the academicdean of the responsible faculty, to the AcademicRegistrar before the specified date.

14.2 Withdrawal from units after the HECS censusdates will not alter HECS

14.3 The Academic Registrar is to issue a revisedstatement of enrolment following the receipt ofan enrolment variation or a withdrawal formapproved by the academic dean.

14.4 Each student has responsibility for checking thatany revised enrolment statement is current andcorrect; for seeking advice as necessary; and fornotifying the Academic Registrar of any errors or

omissions.

Deferral of enrolment15.1 A student who has been admitted to, but has not

enrolled in, a course of the University may applyin writing, stating the circumstancesnecessitating such an application, to theacademic dean of the responsible faculty to deferenrolment in the course to which the student hasbeen admitted for a period up to but notexceeding one year.

15.2 A student granted a deferral of enrolment whofails to apply to enrol in the course from whichthey have deferred by the date specified in thedeferral approval forfeits the place in the course.

Leave of absence16.1 A student enrolled in a course may apply in

writing to the academic dean of the responsiblefaculty for leave of absence from enrolment inthe course, stating the reasons for theapplication.

16.2 Other than in exceptional circumstances, themaximum consecutive period permitted forleave of absence is one year.

PART 4␣– CREDIT

Application and approval17.1 An application for credit in a course is to be

submitted to the Academic Registrar on theprescribed form with an application form at orafter enrolment.

17.2 Credit is to be approved by the academic dean ofthe relevant faculty, within guidelines approvedby the relevant faculty and Academic Senate.

Delegated authority18 Faculties may determine, in accordance with the

Rules of Awards(a) credit to be granted to enrolled students on

the basis of studies completed; and(b) conditions under which credit may be

granted.

Maximum credit19.1 Credit granted for a completed award of the

same level as that in which credit is being soughtfrom this University or another approvedinstitution will not normally exceed one third ofthe coursework requirements of the course inwhich credit is being sought.

19.2 Credit granted for studies towards anuncompleted award of the same level as that inwhich credit is being sought from this Universityor another approved institution will notnormally exceed two thirds of the courseworkrequirements of the course in which credit isbeing sought.

19.3 Credit granted for a completed award at a lower

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level than that in which credit is being soughtfrom this University or another approvedinstitution will not normally exceed an amountequivalent to two thirds of the total courseworkof the lower level award, except as provided inclause 19.4.

19.4 If the Academic Senate has approved a sequenceof University awards designed to articulateacross levels of course, full credit may be grantedin a higher level award for all correspondingcoursework completed in the lower level awardof the articulated sequence. In such casescandidates will not be required to surrender anaward that has already been granted by theUniversity.

19.5 A student enrolled in an uncompleted awardwho has satisfied all the necessary requirementsfor another award of a lower or equivalent levelmay, on application to the Academic Registrarand subject to any provisions that may beimposed by the relevant faculty or the AcademicSenate, be eligible to graduate from the award ofa lower or equivalent level for which allrequirements have been fulfilled.

Notification20 The Academic Registrar shall notify students in

writing of credit granted.

Credit for non-award units21 A person will only be given credit towards an

award for a unit taken as a non-award unit whenthe person is enrolled as a student in a course,and only with the approval of the academic deanof the faculty responsible for the award.

PART 5␣– COMPLETION AND GRADUATIONInformation available in Handbook22 In accordance with the Rules of Awards␣–

(a) Academic Senate (on the recommendation ofthe faculties responsible for awards) is todetermine from time to time the course thatstudents are to complete, and any conditionspertaining to the award that students shallsatisfy in order to qualify for an award; and

(b) that information is published annually in theUniversity Handbook.

Maximum and minimum time for completion23.1 Academic Senate on the recommendation of the

relevant faculty may determine the maximumtime, taking into account any articulationarrangement approved by the faculty, forcompletion of a course leading to an award, asprescribed under the Rules of Awards.

23.2 A faculty may, having regard to the maximumtime set by Academic Senate for the completionof the course and taking into account any creditgranted, determine the maximum time in which

a student must complete a course administeredby that faculty.

23.3 In setting a time under clause 23.2, normally noallowance will be made for periods where astudent had been granted a leave of absence.Normally no allowance will be made for periodswhere a student had been excluded fromenrolment in the course after an academicprogress review or had been suspended underthe Ordinance of Discipline.

23.4 A student may apply in writing to the academicdean of the responsible faculty for an extensionof time for the completion of a course leading toan award, stating the reasons for the application.

23.5 The academic dean of the responsible facultymay grant or refuse an extension of time for thecompletion of a course leading to an award andmust notify the student in writing accordingly.

23.6 Academic Senate on the recommendation offaculties may determine the minimum time forcompletion of a course leading to an award,subject to any credit granted towards therelevant course.

Completion24.1 A student is eligible for an award, when

(a) the Academic Registrar confirms that thestudent has completed the academicrequirements leading to an award, and

(b) the student is not enrolled in the courseleading to the award to which they wish tobe admitted, unless that enrolment is withthe express approval of the relevantacademic dean; and

(c) the student does not owe the University anyoutstanding fee or other money, other thanany fee or money that is subject to an agreedrepayment arrangement.

24.2 Where a student completes the academicrequirements leading to an award and withoutbeing admitted to that award enrols in anarticulated course leading to a higher award ofthe University, gaining full credit for thecompleted award, the student is entitled toadmission to the lower award.

Graduation25 A student who is eligible for an award will

normally receive that award, in person or in theirabsence, at a ceremony held for that purpose. Inexceptional circumstances an eligible studentmay be granted the award at the first convenientmeeting of Council.

Revocation of awards26.1 The Council may, on the recommendation of the

responsible Faculty or the Academic Senate,revoke an award:(a) for which the recipient was not eligible; or




(b) that has been conferred by reason of fraud ordishonesty.

26.2 If the Council revokes an award, the recipientmust return to the Academic Senate anycertificate or other document in the recipient’spossession that testifies to admission to therevoked award.

Transcript of academic record27.1 On receipt of the relevant fee, the Academic

Registrar is to issue to a person a certifiedtranscript of their academic record, setting out(a) the units undertaken and grades obtained,

and any major prizes, levels of honours,dean’s roll of excellence, scholarships andcourses completed by that person; and

(b) any awards granted by the University to thatperson.

27.2 A Transcript of Academic Record will not beissued to anyone other than to the student towhom it relates without the prior consent, inwriting, of that student.

PART 6␣– REVIEW OF DECISIONS UNDER THISRULE

Application for review28.1 A student may apply for a review of a decision␣–

(a) refusing enrolment in a unit or course, or(b) refusing credit on academic grounds, or(c) concerning completion of the academic

requirements leading to an awardby lodging an application with the Academic

Registrar within 10 days of the date ofnotification to the student of the decision, orany further time allowed in a particular caseby the Academic Registrar.

28.2 A review of the decision will be undertaken by afaculty progress review committee, chaired bythe academic dean of the faculty or nominee andcomprising at least two members of the teachingstaff of the faculty. The head of the relevantdepartment may attend the committee but not asa member.

28.3 A student dissatisfied with the decision of afaculty progress review committee may givenotice in writing to the academic dean of therelevant faculty within 10 days that he or sherequires the decision of the Faculty ProgressReview Committee to be considered by theappeals committee of Academic Senate.

28.4 Notice given under clause 28.3 constitutes noticeunder clause 29 of the Ordinance of StudentGrievance Procedures, and the matter will then bedealt with in accordance with paragraphs 30 and31 of the Ordinance of Student GrievanceProcedures.

Made by Council on 23 May, 1997.

UNIVERSITY OF TASMANIA CODES OFCONDUCT, GUIDELINES and POLICIES

Only those Codes of Conduct, Guidelines and Policiesare included which are of immediate relevance tostudents of the University.Policies and other documents which apply mainly tostaff of the University are published on the web athttp://www.admin.utas.edu.au/personnel/home.html

Code of Conduct –for Teaching and Learning 86in Research 88, 90in Supervision 90

Guidelines –Awarding Supplementary Examinations 95Governing Access of Students to Examination

Scripts 96

Policy –Avoiding Conflicts of Interest 97Equal Employment Opportunity Policy

Statement 102Freedom of Inquiry and the Responsibility to

Publish 103Intellectual Property 104Sexual Harassment Policy and Complaints

Procedure 106

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UNIVERSITY OFTASMANIA CODES OF

CONDUCT, GUIDELINESand POLICIES

Code of Conduct for Teachingand Learning

The University undertakes to provide a secure andsupportive environment for teaching and learning andresearch supervision␣– an environment in whichstudents will be stimulated to reach a high level ofintellectual attainment. To achieve this, the Universitywill strive to provide appropriate resources (includinglibraries and computer facilities), teaching and studyfacilities.

The University is committed to high standards ofprofessional conduct in all activities, and holds itscommitment and responsibilities to its students asbeing of paramount importance. Likewise, it holdsexpectations about the responsibilities students have asthey pursue their studies within the specialenvironment the University offers. The following Codeof Conduct for Teaching and Learning sets out theresponsibilities and expectations the University ofTasmania and its students can legitimately and fairlyexpect of each other.

1 Responsibility of the University tostudents

Admission1 (1) Prior to the enrolment period, potential

students will upon request be provided withcurrent and accurate information aboutavailable university courses, entryprocedures and financial implications.

(2) Students will be selected for entry to theUniversity by fair and open procedures withpublished criteria outlining access for alllevels of candidacy. The principles uponwhich selection decisions are made will bestated clearly and adhered to by theUniversity.

Unit information(3) The University will, in its several

handbooks, publish information about eachunit or subject, during the year precedingtheir commencement. The information willoutline unit weight, unit or course objectives,teaching pattern, lecturers, assessmentprocedures, and other requirements of thestudent. If the course is subject to aminimum enrolment this will be noted, and

units that are run in alternate years will alsobe included and this fact noted.

(4) Within the first week of the academictimetable, the handbook information will besupplemented by written information abouteach unit, including criteria and methods ofassessment, specific attendance andperformance requirements for the unit, and atimetable of internal tests and assignmentsand other assessment deadlines. Theinformation will also include information onhow the assessment procedures relate to theobjectives of the unit. The consequences offailure to meet the attendance requirements,assessment deadlines and word limits willalso be specified. Course requirements willnot be changed except for exceptionalcircumstances, in which case students willreceive adequate warning and consultation.

Assessment and progression(5) Students enrolled in a particular course can

normally expect to complete that course inthe format as described in official universitypublications at the time of their initialenrolment, providing they make satisfactoryprogress on an annual or semester basis inline with University rules on studentprogression and complete within the normalperiod of full-time candidacy. Wherechanges to courses are made during theperiod of candidacy, these will notdisadvantage students.

(6) Examination criteria and procedures will beconsistent with published unit outlines,course objectives, and workloadexpectations.

(7) Students can expect fair and helpfulcomment and feedback on their academicwork to be provided by the most appropriatemeans. Mechanisms will exist for students tobe made aware of their standard ofperformance and progress during the periodof study of a unit or course. Wherenecessary, they will be counselled and/orreferred to the appropriate educationalsupport services.

(8) Assignments will be returned, andexamination results will be made available,as expeditiously as possible after theircompletion. Students have the opportunityto formally question their results in anycourse or unit. On payment of a standardfee, a student may apply in writing forformal review of assessment within 14 daysof the notification of the result. This reviewwill include a remark, by an alternative




examiner, of any examination paper and acheck to ensure that all relevant work hasbeen assessed and marks totalled correctly.Students may also question an assessmentby asking the Department to check that allwork has been included in the final mark, orby treating the matter as a grievance inaccordance with the Ordinance of StudentGrievance Procedures and reporting thegrievance to the head of department.

Access to Staff(9) Apart from their scheduled lectures/

tutorials, students will have access tomembers of staff, by appointment or withinspecified times, to discuss relevant studyissues and problems.

Intellectual property(10) The University will develop and/or sustain

equitable policies relating to intellectualproperty generated in the course of study,and will ensure that these are respected andobserved throughout the Universitycommunity.

Access to equipment, resources and supportservices

(11) The University will ensure that allequipment to be used by students isfunctional and safe to use, and that studentshave adequate access to such equipment tomeet the requirements of their courses.

(12) The University will ensure the provision ofadequate and current library/informationresources and user support services to allowstudents to meet the requirements of theircourses at a high standard.

(13) The University will encourage themaintenance and/or development, either onits own responsibility or by the StudentUnion or other appropriate bodies, of anetwork of support for all students, in areassuch as health, childcare and other supportservices, recreational facilities, personal,study and career counselling, and advice onfinancial, accommodation and relatedmatters.

Student participation(14) Universities will provide opportunities for

students to participate in the functioning ofthe university, to have representation onpolicy-making committees at various levelsof the university, and to provide feedback onthe teaching-learning environment.

Harassment and discrimination(15) The University will endeavour to provide an

environment for students which is free fromharassment and discrimination as set out byrelevant Federal Anti-discriminationlegislation␣– Racial Discrimination Act 1975and Sex Discrimination Act 1985. Wherealleged harassment or discrimination occurs,procedures will be available to students tofacilitate expedient and just resolution ofproblems. The relationships that Universitystaff develop with their students will notprovide any basis for the abuse of the powerthat staff have over students in theUniversity environment nor of the trust thatstudents may legitimately expect to place instaff.

(16) The University will endeavour to addressthe reasonable needs of all of its studentsregardless of gender, ethnicity, age,disability or diversity of background.

Confidentiality(17) At all times students can expect the

University to hold confidential all personalinformation and to release it outside theUniversity only with student consent andknowledge or when legally required to doso.

Access to personal files(18) The University will grant students access to

their personal files in accordance with thelaw.

Concerns and grievances(19) The University will provide an environment

in which concerns and complaints will beattended to and resolved as quickly aspossible. A set of clear procedures will beprovided for grievances in relation toacademic matters, library matters anddisciplinary decisions. These procedures aresummarised in this handbook.

Responsibilities of staff(20) The University will seek to ensure that staff

are fully aware of their responsibilities underthe University ordinances, rules, policies andcodes of practice.

2 Responsibilities of students to theUniversity

2 (1) Students are expected to make themselvesaware of all University Ordinances, By-lawsand policies pertaining to their rights andresponsibilities as students and to abide bythe rules and regulations in the Ordinancesand By-laws. The Ordinances, By-laws andpolicies are published in the University’sCalendar and the several Handbooks of the co

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University, available for purchase and forperusal in the University libraries.

(2) For the units in which they are enrolled,students should make themselves aware ofall subject or unit information madeavailable in the appropriate handbook and inthe first week of the academic timetable andshould raise any questions or concerns withthe appropriate academic staff member in atimely manner.

(3) Students are expected to participate activelyand positively in the teaching-learningenvironment. They must attend classes whenand as required, maintain steady progresswithin the subject or unit framework,comply with workload expectations, andsubmit required work on time. Students arerequired to attend two thirds of the lecturesand two thirds of the tutorials in a unitunless other conditions are specified in thehandbook or written informationcommunicated in the first week of theacademic timetable.

(4) Honesty is required from students in all oftheir dealings with the University. Cheating,plagiarism, allowing another student to copywork for an assignment or an examination,damaging or defacing books or other librarymaterials may be dealt with as an offencecontrary to the Ordinance of Discipline,punishable by sanctions such as exclusionfrom the University or cancellation of marks.

(5) Students are responsible for monitoring theirown progress within the teaching-learningenvironment and the academic program.They should contact staff for assistancepromptly if they have concerns aboutparticular aspects of their learning and/orprogress, and should also make use of thecounselling and other support servicesavailable as the need arises.

(6) Students will be invited to participate in thefunctioning of the University and to providefeedback on the teaching-learningenvironment. Student participation isimportant as students represent a keyconstituency within the university andprovide a useful perspective on itsoperations. Accordingly, when they acceptappointment to committees of theUniversity, they should fulfil, to the best oftheir abilities, the responsibilities attendanton such appointment.

(7) Students are expected to act at all times in away that demonstrates respect for the rights

and privileges of other members of theUniversity community, both fellow studentsand staff, and show commitment to theideals of a university with special referenceto excellence in performance and freedom ofexpression.

Code of Conduct in Research1 Introduction

The University of Tasmania is committed to highstandards of professional conduct in all activities. ThisCode of Conduct in Research describes the standards ofconduct and performance required of all those engagedin research at the University. Research workers have aduty to ensure that their work enhances the good nameof the University and the profession to which theybelong.

This Code is based on the following principles.In theUniversity, research describes any critical and creativeactivity undertaken on a systematic, disciplined basisand dedicated to increasing knowledge. The definingcharacteristics include:• a dependence on formal, disciplined modes of

inquiry;• technical, conceptual or epistemological innovation;• an open, rigorous approach to the testing of results;

and• a commitment to publication in some form.

Debate on, and criticism of, research work are essentialparts of the research process. Research workers should:• demonstrate integrity and professionalism;• observe fairness and equity;• participate only in work which conforms to accepted

ethical standards;• participate only in work which they are competent to

perform;• avoid real or apparent conflicts of interest; and• ensure the safety of those associated with the

research.

Reasonable requirements for confidentiality of datamust be observed. Research workers must not use suchinformation for their own personal advantage or that ofa third party. Confidentiality restrictions may alsoapply to outcomes of sponsored research.

Research involving experimentation with humansubjects or animals must be approved for ethicalclearance by the appropriate ethics committee: theEthics Committee (Human Experimentation) or theEthics Committee (Animal Experimentation).

Research workers must familiarise themselves with thisCode. Heads of departments and research units areresponsible for the conduct of research within theirsection and for the observance of this Code.




Where a person is in doubt about the applicability ofprovisions of this Code or about the appropriate courseof action to be adopted in relation to it, advice shouldbe sought from the manager of the Office for Researchor the Pro-Vice-Chancellor (Research). If requested, theadvice will be provided in confidence.

2 Data gathering, storage and retention2.1 Data must be recorded in a durable manner with

appropriate references.2.2 Data must be held for a period of at least five

years from the date of any publication which isbased on them.

2.3 The department or research unit must establishprocedures for the retention of data and forkeeping records of data which are held.

2.4 Data related to publications are to be madeavailable for discussion with other researchworkers except where confidentiality provisionsapply.Confidentiality provisions may apply to data, forexample where the University or the researchworker has given confidentiality undertakings tothird parties.

2.5 Confidentiality provisions may apply to theoutcomes of research where the protection ofintellectual property rights requiresconfidentiality. Such provisions may be agreedbetween the University or the research workerand a sponsor of the research.

2.6 It is the obligation of the research worker toenquire whether confidentiality provisions applyand of the head of department or research unit toinform research workers of their obligations withrespect to these provisions.

2.7 It is the responsibility of the head of thedepartment or research unit to ensure that themanager of the Office for Research is fullyinformed of all confidentiality provisions.

3 Authorship and publication3.1 Authorship is a sensitive matter in which quite

different views of relative contributions can beheld sincerely by contributors, leading at times todisagreements on who should be the authors andthe order in which they are listed. The questionof authorship should be discussed at the earliestpossible stage in a research project and reviewedwhenever there are changes in participation.

3.2 All persons, including academic staff, students,research assistants and technical staff, who havemade a substantial contribution to the researchleading to a publication must be given theopportunity to be included as an author on thepublication. Contributions to the conception,execution or interpretation of the work being

reported may warrant recognition as an author.3.3 A person who has not participated in conceiving,

executing or interpreting at least part of therelevant research is not to be included as anauthor of a publication deriving from thatresearch.

3.4 Every attempt must be made to reach agreementon the authorship of a publication and the orderin which authors are listed. Seniority should notbe taken into account or used in achievingresolution. Informal advice and assistanceshould be sought from the head of department orthe Pro-Vice-Chancellor (Research) asappropriate.

3.5 If the matter cannot be resolved informally,formal avenues exist for arbitration. In the caseof students the avenue is the Universitygrievance procedures: for example, a researchhigher degree candidate initiates the processwith a formal complaint to the Academic Dean ofGraduate Studies by Research. In the case ofstaff, it is an issue for the head of departmentand the executive dean of the School.

3.6 The authors must ensure that others who havecontributed to the work are recognised in thepublication. Courtesy demands that individualsand organisations providing facilities should alsobe acknowledged.

3.7 A publication which is substantially the same asan earlier publication derived from the sameresearch must make appropriate reference to theearlier publication.

3.8 An author who submits substantially similarwork to more than one publisher should disclosethat fact to the publishers at the time ofsubmission.

3.9 Where a publication has several authors, oneauthor should be nominated executive author toaccept overall responsibility for the entirepublication.Each co-author must acknowledge co-authorshipof the publication in writing. The authorshiprecords shall be kept on file by the head ofdepartment or research unit of the executiveauthor.

4 Supervision of research higher degreecandidates

4.1 Each department or research unit must observethe University Code of Conduct in Supervision ofHigher Degrees by Research.

4.2 A person must decline appointment as asupervisor unless he or she expects to be able todischarge the responsibilities set out in the Codeof Conduct in Supervision.

4.3 A supervisor must abide by the Code and code

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undertake the responsibilities set out in it.

5 Conflict of interest5.1 A research worker must make full disclosure of a

real or possible conflict of interest in research tothe Pro-Vice-Chancellor (Research) as soon asreasonably practicable after the conflict arises.

5.2 A research worker must comply with a directionmade by the Pro-Vice-Chancellor (Research) onbehalf of the Vice-Chancellor in relation to a realor possible conflict of interest.

6 Misconduct6.1 Misconduct means fabrication, falsification,

plagiarism, or other practices that seriouslydeviate from those commonly accepted withinthe academic community for proposing,conducting, or reporting research.

6.2 Confidential advice on integrity in research andpossible misconduct is available from themanager of the Office for Research and the Pro-Vice-Chancellor (Research).

6.3 A complaint of misconduct in research is to bemade to the Pro-Vice-Chancellor (Research).

6.4 Where the complaint is made against a memberof staff of the University, the Pro-Vice-Chancellor(Research) will inform the Vice-Chancellor of thecomplaint as soon as practicable and provide allavailable information relevant to the complaint.

6.5 Where the complaint is made against a studentenrolled at the University, the matter will bepursued in accordance with the Ordinance ofDiscipline.

7 Formal investigation of allegedmisconduct by a staff member

7.1 Where the Vice-Chancellor is satisfied that acomplaint constitutes an allegation of seriousmisconduct, the Vice-Chancellor must deal withthe allegation as misconduct under the industrialaward (the Award) operating at the time, and theOrdinances of the University.Where the Vice-Chancellor is satisfied that acomplaint constitutes an allegation ofmisconduct but does not constitute an allegationof serious misconduct under the Award, theVice-Chancellor must appoint a person orpersons with appropriate qualifications toundertake an inquiry into the complaint.Where the Vice-Chancellor is satisfied that acomplaint cannot be sustained, the Vice-Chancellor must dismiss the complaint andinform the person making the complaintaccordingly.Where the Vice-Chancellor is satisfied that thereis no reasonable basis for a complaint, the Vice-Chancellor must determine whether it is

appropriate to take disciplinary action againstthe person making the complaint.

7.2 An inquiry established under paragraph 7.1must be completed as expeditiously and withsuch confidentiality as the circumstances of thecomplaint permit.

7.3 The Vice-Chancellor must inform all personswho are the subject of the complaint of the termsof the complaint, the decision to undertake aninquiry, and the names of the persons appointedto undertake the inquiry.The Vice-Chancellor must also provide thepersons who are the subject of the complaintwith an opportunity to respond in writing to thecomplaint within 30 days of the notification, andan opportunity to make oral submissions to thepersons appointed to undertake the inquiryduring the hearing of the complaint.

7.4 The persons appointed to undertake the inquirymust advise the Vice-Chancellor whether, intheir opinion, the persons who are the subject ofthe complaint are guilty of misconduct.

7.5 The Vice-Chancellor must inform the personswho are the subject of the complaint, and theperson making the complaint, of the finding ofthe inquiry.

7.6 Where the inquiry has found that there has beenmisconduct, the Vice-Chancellor must determinewhether it is appropriate to take disciplinaryaction against the persons who are the subject ofthe complaint.Where the inquiry has found that there is nobasis for a complaint, the Vice-Chancellor mustdetermine whether it is appropriate to takeaction against the person making the complaint.

Code of Conduct inSupervision

1 Introduction1.1 Supervision of candidates for higher degrees by

research is a complex teaching task. Like allteaching tasks, supervision can be approached ina variety of ways depending on the personalitiesof the supervisor and the candidate, and on thenature of the discipline. Nevertheless there arecommon principles and responsibilities thatapply to good supervision practice.

1.2 The University policy of non-discriminatorypractice applies to all facets of supervision ofhigher degrees by research.

1.3 Higher degrees by research are administered bythe Research Higher Degrees Committee. Inaccordance with the Rules of Higher Degrees byResearch and Procedures of Higher Degrees by




Research, the Committee approves admission tocandidature, determines the conditions ofcandidature, approves the research project,appoints a supervisor, monitors the progress ofcandidature, manages the examination processand determines whether or not the candidate hassatisfied the requirements for the award of thedegree.

1.4 The Rules of Higher Degrees by Research state thatthe degree is awarded for a substantial originalcontribution at the best contemporaryinternational standard as judged by disinterestedexperts. The role of the supervisor is to guide thecandidate through the process of making thiscontribution. Supervision involves providingadvice and instruction, assistance, a soundingboard for ideas and plans, and review andcriticism of written material␣– all in a way whichis consistent with the original contribution beingmade by the candidate rather than thesupervisor.Supervision is a shared experience in which boththe supervisor and the candidate have anintellectual investment. Supervisors must havethe theoretical and practical expertise to offer thecandidate proper supervision, an interest in theresearch project, and adequate time forsupervision.Supervision also involves concern and a measureof pastoral care for the candidate. In the bestcases, the relationship between the supervisorand the candidate develops during thecandidature from one of teacher and student atthe outset to one between research colleagues atthe end.

1.5 This Code of Conduct in Supervision describes thestandard of conduct and performance requiredof all those involved in supervision of researchhigher degree candidates. Heads of departments,who are responsible for the conduct of researchand research training within their departments,are responsible for the observance of this Code intheir departments.

2 Responsibilities of the ResearchHigher Degrees Committee

2.1 The Research Higher Degrees Committee isresponsible for admission to candidature for ahigher degree by research and for approval ofthe research project. The Committee must seekthe assurance by the head of department of thesuitability of the candidate and the researchproject, and the availability of adequateresources and facilities for the project.

2.2 The Committee approves supervisionarrangements on the advice of the head of

department. The Committee must seek assurancethat those nominated can provide propersupervision by virtue of their qualifications andexperience, their research interests and theirpersonal qualities.The Committee must also seek assurance thatthose involved in the supervision together havesufficient time for supervision. The Committeemust be satisfied that continuity in supervisioncan be maintained for the duration ofcandidature regardless of staff leave and otherabsences from the University. When invitingresearch or associate supervisors to act, theCommittee must seek their agreement toconform to the Rules of Higher Degrees by Researchand Procedures of Higher Degrees by Research, thisCode of Conduct in Supervision, and the Code ofConduct in Research.

2.3 The Committee is responsible for encouraginggood supervision practices, for monitoring thesupervision of candidates across the University,and for taking action as appropriate to ensurethat high quality supervision is achieved in eachcase.

2.4 The Committee must report annually to theAcademic Senate on the quality of researchhigher degree supervision in the University,through the Quality Assurance Committee of theSenate.

3 Responsibilities of the Academic Deanof Graduate Studies by Research

3.1 The Academic Dean of Graduate Studies byResearch is delegated by the Research HigherDegrees Committee to act on its behalf betweenmeetings.

3.2 The Academic Dean has particularresponsibilities under the University grievanceprocedures. If a research higher degree candidatehas a grievance which he or she has been unableto resolve informally, the candidate canapproach the Academic Dean formally forassistance. The Academic Dean must theninitiate the process for resolution in accordancewith the University grievance procedures.

4 Responsibilities of heads of departmentGeneral

4.1 The head of department [i.e. head of school] isresponsible for the management of all researchhigher degree candidates within the departmentand for monitoring supervision arrangements forthose candidates. He or she must be thoroughlyfamiliar with the Rules of Higher Degrees byResearch and Procedures of Higher Degrees byResearch, the Code of Conduct in Research, and this co

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Code of Conduct in Supervision. 4.2 The head of department is responsible for the

observance of this Code within the department,and must ensure that appropriate mechanismsexist to facilitate high quality supervision. Ahead of department may choose to appoint adepartmental postgraduate committee orcoordinator to assist and advise on supervision,progress and pastoral care of candidates.

4.3 The head of department must consult withmembers of the department as appropriate andas required by the Rules of Higher Degrees byResearch and Procedures of Higher Degrees byResearch before providing advice to the ResearchHigher Degrees Committee.Prospective candidates

4.4 The head of department must ensure thatprospective candidates are advised on all mattersrelevant to research higher degree candidature inthe department, including the range of researchexpertise of academic staff, and the availability ofresources and facilities. The candidates shouldalso be advised of limitations to resourcesavailable for the research programs. The head ofdepartment should clearly articulatedepartmental expectations, practices andstandards with respect to supervised research,including the need for the candidate’scommitment to intensive work and the time-frame for completion of the degree. Conditionsof scholarships and awards should be discussed.

4.5 Before recommending admission to candidature,the head of department must be satisfied thateach prospective candidate is adequatelyprepared for candidature, and should identifyany additional requirements such as courseworkto be required of the candidate. Theserequirements should be discussed with theprospective candidate.

4.6 When recommending a research project in anapplication for candidature, the head ofdepartment must certify that it is appropriate forthe department in terms of the resources andfacilities required, the expertise available forsupervision, and the suitability of the project forthe degree sought.

4.7 In the application for candidature, the head ofdepartment must nominate a member of the staffof the University to be the supervisor. A researchor associate supervisor may also berecommended to provide additional expertise orassistance with supervision. A supervisor shouldnot normally supervise more than the equivalentof seven full-time research higher degreecandidates. When recommending supervision

arrangements, the head of department must besatisfied that those nominated can provideproper supervision by virtue of theirqualifications and experience, their researchinterests and their personal qualities.

4.8 The head of department must ensure thatsupervisors are fully aware of the Rules of HigherDegrees by Research and Procedures of HigherDegrees by Research, the Code of Conduct inSupervision and the Code of Conduct in Research.

4.9 The situation where the head of department isalso the supervisor is a special case because theindependent oversight normally provided by thehead is not available. In such a case, asupervisory consultant shall be appointed by theResearch Higher Degrees Committee on thenomination of the head. The consultant willnormally be the chair of the departmentalpostgraduate committee, a senior member of thehead’s department who is an experiencedsupervisor or the head of another department.The consultant must review and complete thecandidate’s annual report form in place of thehead of department, and be available forapproach by the candidate as necessary. TheResearch Higher Degrees Committee may seekadvice from consultants in the course ofmonitoring supervision.New candidates

4.10 The head of department must provideappropriate induction for new candidates. Thisshould include a guide to the nature of researchin the particular field, a description of thefacilities available in the department andelsewhere in the University (including libraryservices, computing facilities, the Office forResearch, and student support services), and thedepartmental program of seminars.The nature and process of supervised research inthe discipline should be discussed, and the roleof the supervisor explained. There should bewritten information on the characteristic stagestowards completion of theses in the field, andtypical examples of time-frames.The responsibilities and rights of the candidateshould be discussed, and the head of departmentshould ensure that each candidate has access to acopy of the Research Higher Degrees Handbook.The head of department should advise eachcandidate of relevant administrative structuresand committees of the University and their rolesin relation to the candidate.The head of department should ensure that eachcandidate is provided with written guidelinesconcerning ethics in research, as appropriate to




the discipline.The head of department should advisecandidates on general guidelines regardingauthorship of publications within the discipline,and ensure that a copy of the Code of Conduct inResearch is available to each candidate.The head of department should ensure that eachnew candidate is informed of the grievanceprocedures, under which he or she may makerepresentation if significant difficulties arise.The head of department should outlineopportunities for a candidate to participate inmarking, tutoring or demonstrating in thedepartment, and the remuneration which wouldresult. Any restrictions which apply to the hoursor the nature of such paid employment should bediscussed, together with the advantages anddisadvantages of taking part.

4.11 The head of department must ensure that eachcandidate is provided with written guidelinesconcerning safety procedures appropriate to thediscipline.

4.12 The head of department should be familiar withany special conditions which apply to acandidate, such as restrictions on disclosure ofresearch outcomes associated with sponsorshipof the candidature or the research project. Thehead must ensure that the Secretary of theResearch Higher Degrees Committee and thesupervisor are fully informed of specialconditions, and must ensure that the conditionsare met.During candidature

4.13 It is the responsibility of the head of departmentto ensure that adequate space and facilities areavailable for the candidate and the project.Appropriate and equitable access to facilities andresources must be provided for all candidates,whether full time or part time.

4.14 The head of department should encouragecandidates to become an integral part of thedepartment and the discipline, and to participatein research seminars and develop their skills atpresenting their work.

4.15 The head of department must ensure that propersupervision can be maintained until the end ofcandidature. If a supervisor takes study leave oris absent from the department for more thanthree months, formal arrangements foralternative supervision must be made; associatesupervision may be an effective way of meetingthese contingencies. Any proposed changes insupervision arrangements should be discussedwith the candidate. The new supervisionarrangements must be acceptable to the

candidate, the department and the ResearchHigher Degrees Committee.

4.16 The head of department, in consultation withconsultants and supervisors, should monitorprogress of all candidates in the department. It isthe responsibility of the head of department toensure that the Annual Report to the ResearchHigher Degrees Committee on the progress ofcandidature is returned to the Secretary of theCommittee by the due date.Resolving difficulties

4.17 The head of department must make every effortto resolve any difficulties arising duringcandidature. If necessary the Academic Dean ofGraduate Studies by Research should beapproached for assistance in resolution of aproblem. If resolution is not possible, the head ofdepartment must arrange for a writtensubmission to be made to the Committee forformal consideration.

4.18 If the supervisory relationship breaks down, thehead of department must make otherarrangements which are satisfactory to thecandidate and the Research Higher DegreesCommittee.

5 Responsibilities of SupervisorsGeneral

5.1 The supervisor should be thoroughly familiarwith the Rules of Higher Degrees by Research andProcedures of Higher Degrees by Research, the Codeof Conduct in Research, and this Code of Conduct inSupervision.

5.2 The general responsibilities described in thissection apply to the supervisor, the researchsupervisor and associate supervisor if any. Thesupervisor is responsible for the supervisionprocess in all cases.New candidates

5.3 The supervisor should be acquainted with thecandidate’s academic background and shouldinform the candidate and the head of departmentat an early stage if coursework or other studiesare necessary.

5.4 The supervisor should advise the candidate onthe tasks, processes and standards expected inresearch higher degree projects in the particularfield. This is a useful framework for helping thecandidate develop and refine a topic which canbe researched and written up within the requiredtime-frame. The supervisor should advise thecandidate of relevant aspects of the Rules ofHigher Degrees by Research and Procedures ofHigher Degrees by Research and other informationas appropriate.

5.5 The supervisor should be aware of University code

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policies on intellectual property. At thebeginning of the candidature, the supervisorshould discuss arrangements regardingintellectual property including patents andauthorship of any publications arising from thecandidate’s work. The supervisor should beaware of any special conditions which apply to acandidate, such as restrictions on disclosure ofresearch outcomes associated with sponsorshipof the candidature or the research project.Planning the research

5.6 Once the research topic is refined to thesatisfaction of the candidate and the supervisor,the supervisor should assist the candidate toformulate a framework for the research, withintermediate objectives and time estimates forcompletion of various phases. Having such aframework, which may be modified as theresearch proceeds, gives a sense of focus, helpsthe candidate and the supervisor to checkprogress, and is often a useful early orientationto writing the thesis. The framework should beused to guide the candidate, but should notconstrain the development of the research.

5.7 It is the supervisor’s responsibility to obtainapproval from the appropriate ethics committeefor any project involving human or animalsubjects.During candidature

5.8 The supervisor should ensure that discussionswith the candidate are held at appropriate andfrequent intervals throughout the candidature.The supervisor should establish a pattern forthese meetings at an early stage in thecandidature, explain their purpose, and structurethem in a way which encourages the exchange ofideas.

5.9 The supervisor is expected to read any writtenwork thoroughly in advance of meetings, and toprovide regular feedback on the candidate’swork. However a supervisor is not obliged toread an excessive number of drafts of the samedocument. Any criticism should be given in aconstructive, supportive and sensitive fashion.

5.10 The supervisor should inform the candidate assoon as possible of any expected absences, anddiscuss alternative arrangements to be made forsupervision during absences.

5.11 The supervisor should arrange a major review ofthe project at least once a year so that thecandidate’s work can be assessed within theoverall context of the research program, thestandard expected, and the time-frame forcompletion. Both supervisor and candidateshould then be in a position to report on progress

when required and to judge when someintervention may be desirable. The supervisorshould provide guidance in developing solutionsto problems as they are identified.The annual review

5.12 It is the responsibility of the supervisor todiscuss the report on the progress of thecandidate with the candidate. Where applicablethe report should include a statement ofcoursework and other requirements completed.The Thesis

5.13 The supervisor should explain the procedures forthe submission and examination of the thesis tothe candidate, including the requirement for anabstract eight weeks before submission.Attention should be drawn to Rule 24. 13(2),under which the candidate may request thatspecified people be not appointed as examiners.

5.14 The supervisor should provide guidance on thecontent and length of the thesis before thecandidate embarks on writing it. He or sheshould comment critically on content and lengthof the completed thesis before it is submitted forexamination. The need for care in proof-readingthe thesis should be impressed on the candidate.

5.15 In the case of candidates who are presenting abody of previously published work for a PhD thesupervisor should advise on the integration ofthe material into a coherent thesis reviewing thecollected work.Resolving difficulties

5.16 The supervisor should consider the personalneeds of a candidate. Progress may be impededby personal crises, to which the supervisorshould be responsive. The supervisor should,when appropriate, direct the candidate tosupport services within the University andadvise the candidate on procedures for applyingfor suspensions or extensions of candidature andscholarships.

5.17 If the supervisory relationship breaks down, thesupervisor must advise the head of department.




GUIDELINES

Guidelines for AwardingSupplementary Examinations

Given the amount of continuous assessment in currentcourses, every effort should be made to reach a firmdecision concerning the final assessment result on thebasis of examination performance and continuousassessment.

Academic judgement should be exercised indetermining all marginal cases. This might take accountof performance in other units in the same assessmentperiod, aberrant performance in components of theunit, or the examination paper, under consideration,and an overall assessment of the student’s grasp of theunit content and ability to progress. Where marginalstudents are upgraded to a pass, they should becounselled where there is any doubt about their abilityto progress through the next stage.

Supplementary examinations should generally only beoffered in exceptional circumstances, where othermechanisms of review are not appropriate. Studentsshould only be offered supplementary examinationswhere general performance is satisfactory.

The relatively short preparation time for supplementaryexaminations needs to be considered. The distributionof supplementary examinations between mid-year andJanuary will provide a better spread of preparation timefor students.

Supplementary examinations should normally only beoffered as a ‘re-sit’, not where substantial review [say,more than ten days work␣– this is the maximum periodavailable in mid-year] of the unit content is necessary. Ifsubstantial review is considered necessary then theresult should normally be determined to be a failure.

It must be understood that these guidelines are directedat faculties which choose to use supplementaryexaminations as a means of resolving marginal cases.Faculties and departments are not required to awardsupplementary examinations. The use of alternativemechanisms for resolving these cases is supported andencouraged.

The mark ranges specified in these guidelines areindicative only and should be seen as defining theextremes of acceptability. They should not be taken toindicate that supplementary examinations shouldgenerally be awarded within those ranges.

Faculties and departments may establish their ownguidelines which impose stricter requirements.However, except in exceptional circumstances,supplementary examinations should not be awarded

where marks are below the ranges indicated.

The general principle is that supplementaryexaminations should not exceed 25% of a full-timeworkload. As it is difficult to apply this strictly to everypossible part-time and nonstandard study program,individual cases should be treated on their merits.Faculties may determine their own guidelines to coverthese circumstances and to define aberrant results, ifthey so choose.

Review GuidelinesIn determining whether or not to offer supplementaryexaminations to individual students the followingguidelines should be used:(a) Students who are close to a pass mark on their

internal work and examination performance, inthe range 45-49%, should be reviewed with aview to granting an outright pass or fail withoutrecourse to a further formal examination.Options include simply making a firm decisionon the basis of all work to date (taking account ofthe proportion of continuous assessment in thetotal assessment), viva voce examination, orsetting another piece of work, specifically on aweak area, prior to submitting the final result.Combinations of these and other options shouldbe considered where appropriate. Studentsgranted a pass on the basis of this review shouldhave their marks raised to the pass standard.It should be noted that students with marks inthis range make up about 85% of the studentscurrently granted supplementary examinations.If the majority of these cases are reviewedeffectively and firm decisions made,supplementary examination load could bereduced to 20% of current levels. This wouldreduce assessment workload, particularly inJanuary, with more time being available forresearch and other academic activities. Thedistribution of remaining supplementaryexaminations between mid-year and January willalso reduce peak assessment load.

(b) Re-examination should normally be limited tocases where a student has an aberrant result interms of his/her overall performance in thecourse in that assessment period. This groupshould include students requiring one unit, or25% of total workload, to complete their degree,or to complete a full year or semester’s program,and students with a nonstandard study patternwith very good performance generally but withone poor result.These cases should normally have results in therange 30-44% although academic judgementshould be exercised in determining eligibility

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based on performance in all units.(c) Students whose results fall in the range 45-49%

may also be considered in this category, if theinitial review under (a) results in a failure, wherethat failure qualifies as an aberrant result under(b).

(d) Students should normally only be grantedsupplementary examinations in one unit or in25% of normal study load, whichever is greater,for the semester or year. As it is difficult to detailall of the options and possible study patterns,this guideline should be interpreted as setting amaximum of 25% of the normal study load in thecourse year. Thus, in semester based courses astudent would not normally be grantedsupplementary examinations in more than 12.5%of the workload for the year. Where workload isless because of part-time study or a non-standardstudy pattern academic judgement should beexercised.

Where a student has failed some units within agrouping of related units, for instance a major or sub-major, offered by the one department the committee ofassessors may award supplementary examinations insuch units even though they comprise more than the25% workload.

It should be noted that if reviews are carried out inaccordance with the above guidelines, there should bevery few cases where students are recommended formore than one supplementary examination. It would bedifficult to regard marks below 45% in two subjects ormore as aberrant results which justify re-examination.

Whilst individual assessors may recommendsupplementary examinations, their confirmation shallbe considered by the relevant faculty committee ofassessors. Where more than the allowed number ofsupplementary examinations are recommended, thecommittee of assessors shall consider with the unitassessors whether some results might be upgraded. Thecommittee of assessors shall determine the units inwhich to grant supplementary examinations or maydetermine that performance overall is such that allsupplementary examinations should be rejected.[N.B.] These Guidelines were drafted by Academic Senate

in 1994

Guidelines Governing theAccess of Students to their

Examination Scripts1 Teaching staff will provide students with timely

and constructive feedback about their academicwork and its assessment consistent with theUniversity’s Guidelines For Effective UniversityTeaching and the Code of Conduct for Teaching andLearning.

2 A student has the unqualified right to inspectand copy his/her own examination scripts, oncethe final examination results have been released.

3 A student’s access to his/her examination scriptswill be under the supervision of the lecturer whoexamined the student or, if that lecturer is notavailable within the time prescribed below (andif the student so wishes), under the supervisionof the head of department or nominee.

4 Within 5 working days of receiving writtennotice of a student’s wish to inspect his/herexamination script the lecturer, head ofdepartment or nominee will ensure that thescript and the examination paper/s are availablefor inspection and be present to provide fair andconstructive feedback to the student on thatscript, the examination paper and the student’sexamination results.

5 Students’ examination scripts will be held by therelevant department for a minimum period ofone year.

6 Information on rights of access to informationunder Freedom of Information legislation will bemade widely available to students and academicstaff.

[N.B.] These Guidelines were devised by Academic Senatein April 1995




POLICIES

Avoiding Conflicts of InterestActions or decisions which are influenced by personalfactors reflect badly on the University and on theprofessional objectivity and ethics of those involved.The same is true of actions or decisions where areasonable person may question the impartiality ofthose involved␣– the perception of a conflict of interest,whether a conflict actually exists or not, may jeopardisethe respect and standing of the University within thecommunity, as well as compromise Universityprocesses.

It is important for the University to have guidelines toreduce the possibility of conflicts arising, and to ensuretheir effect is minimised if they are unavoidable.

This document outlines the University policy andprocedures with respect to conflicts of interest. Itdiscusses the circumstances which may give rise to realor perceived conflicts of interest within the Universityand appropriate ways of dealing with such conflicts.

There are many situations which may involve a conflictof interest. This document does not attempt to beprescriptive or to prohibit certain activities; but rather itprovides a guide to recognising conflicts anddetermining appropriate disclosure and otherresponses.

This policy applies to all persons employed by theUniversity, whether as academic or general staff, andmembers of University bodies.

Policy Statement

The University of Tasmania is committed to equalopportunity and requires that existing and potentialconflicts must be declared, that action be taken wherethere is an actual conflict of interest, or when there maybe a perception of conflict, and that these actions will beopen, accountable and properly documented whilerespecting the confidentiality of the informationdisclosed.

Context

This policy has been developed in line with relevantUniversity policies and State and Commonwealthlegislation. These include:• Code of Conduct for Teaching and Learning• Code of Conduct in Research• Code of Conduct in Supervision• Sexual Harassment Policy and Complaints Procedures• Policy on Outside Activities and Earnings• Equal Employment Opportunity Policy

and• Human Rights and Equal Opportunity Commission Act,

1986 (Cwlth)• Disability Discrimination Act, 1992 (Cwlth)• Racial Discrimination Act, 1978 (Cwlth)• Sex Discrimination Act, 1984 (Cwlth)• Sex Discrimination Act, 1994 (Tas)

Definition

A conflict of interest exists where there is a divergencebetween the individual interests of a person and theirprofessional obligation to the University such that anindependent observer might reasonably question whether theprofessional actions or decisions of that person are influencedby their own interests.

Discussion

University staff owe a professional allegiance to theUniversity and should not allow other interests toconflict with their responsibilities to the University.

A conflict of interest depends on the situation, and noton the character and actions of an individual. The issueis whether an independent observer may reasonablyquestion the factors that affected a decision or action,and not whether they have in fact affected the decisionor action. The policy focus, therefore, is whether theparticular interests or circumstances of the staffmember are likely to compromise, or be perceived ascompromising, the staff member’s ability to carry outtheir duties impartially.

A bias against a person has the same potential to giverise to a conflict of interest as a bias in favour of aperson.

Types of interests which might give rise to a situation ofconflict include:• a direct or indirect financial interest of an employee,

such as a business involvement with a companywhich has a contractual arrangement with theUniversity;

• a non-pecuniary interest of an employee, such as afamily relationship or other personal or emotionalrelationship (including friendships and antagonisms).Personal relationships between staff and studentshave significant potential for creating situationsinvolving conflicts of interest;

• another affiliation of an employee, such as to anotheremployer or some other association.

Examples

While a conflict of interest may arise in any situation,examples include:• employment issues, such as selection and promotion

committees, confirmation of appointments,performance reviews and staff development;

• student issues, such as selection of students foradmission, assessment processes, and allocation ofscholarships and other awards;

• funding issues, such as involvement on a grants

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selection panel;• staff acting for the University on boards, trusts and

other committees;• staff being a director of a company or a principal of a

partnership;• staff participating in contracts or agreements with or

on behalf of the University; and• staff participating in outside earning activities.

General procedures

Obligations of Staff

At all times staff should be sensitive to the potential forconflicts of interest. Every effort must be made toensure that individual interests do not conflict, orappear to conflict, with the interests of the University.

Frequently the person who knows most about apotential conflict of interest is the individual concerned.Therefore that person has a responsibility to ensure,wherever possible, that no real or perceivable conflictarises in the performance of their University duties. Ifan individual is aware of an interest that mightreasonably be seen to conflict with their duties in theUniversity, they have an obligation to disclose thatconflict.

Situations may arise that are not clear cut and staff maybe in genuine doubt as to whether a conflict of interestshould be declared. In such cases staff should err on theside of caution and discuss the situation with anappropriate person, such as a person withresponsibility for the issue or area.

There may be situations where an individual isunwilling to disclose the details giving rise to theconflict of interest. In such cases it is sufficient todisclose the fact of the conflict, as long as theywithdraw from the situation concerned.

Disclosure

Notification of an actual or potential conflict of interestshould be made to a person with responsibility for theissue or area, such as the relevant committee chair,project leader, supervisor, head of department orsection, head of school or division, or the Vice-Chancellor.

Staff who fail to disclose a potential or actual conflict ofinterest in accordance with this policy may be liable todisciplinary procedures as governed by relevantindustrial awards or agreements.

Information from Third Parties

A third party may raise concern about a possibleconflict of interest, if there are reasonable andsubstantial grounds that such a conflict exists. A thirdparty in this context may be a person directly affectedby the actual or potential conflict (e.g. a competingapplication), or a student or employee of the Universitywho genuinely believes that the interests of the

University or affected parties have been, or will be,materially damages by the conflict of interest. Theserious nature of third party disclosures must beemphasised to avoid frivolous or mischievousallegations.

Notification by a third party should be made to aperson with responsibility for the issue or area, asoutlined above. The person notified has the option todismiss the complaint if they consider it is mischievousor frivolous. If action is taken on the complaint, asoutlined below, the individuals allegedly involvedmust be informed to allow them to rebut the complaint.

Action following a Disclosure

The response to a disclosure of a conflict of interestshould be appropriate to the circumstances. A generalprinciple is that the disclosure of any actual or potentialconflict should be treated with sensitivity, commonsense, and in a manner that ensures just and openprocesses which are properly documented.

Any person receiving a notification shouldacknowledge receipt of the disclosure in writing.Appropriate action may include:• giving advice on the appropriate action so as to

avoid, resolve or minimise the effect of the conflict,which might range from withdrawal from the issue totaking no further action beyond recording thedisclosure;

• referring the issue to an appropriate person for adviceor action.

If the individual making the disclosure is unwilling toexplain the nature of the conflict, they shouldimmediately withdraw from the situation concerned.

Where it becomes apparent that an action or decisionhas been taken that was affected, or may be perceivedto have been affected, by a conflict of interest, the actionor decision should be reviewed.

Confidentiality

Disclosures regarding a conflict of interest may includepersonal, sensitive or otherwise confidentialinformation. Therefore disclosures must at all times betreated with discretion, and confidentiality should berespected where possible.

In the exercise of this discretion it should beemphasised that a key aim of this policy is to avoidperceived conflicts of interest. Therefore, informationshould be publicly disclosed to the extent necessary toavoid such a perception arising.

The collection and retention of personal informationdisclosed in accordance with this policy will followinformation privacy principles.

Specific procedures

The following sections expand on the general




procedures in specific cases. A key principle is that allprocesses should be open, accountable and properlydocumented.

Positions Requiring Independence

There are numerous circumstances within theUniversity where staff are placed in positions requiringindependence. In particular, it must be recognised thatwhere close personal relationships exist betweenindividuals, the individuals concerned are generally notregarded by others as being independent. In general,staff should not accept appointments to positions wherethe perception of independence is important and arelationship may affect this perception.

An example is supervisory or managerial positionswhere relationships could affect the recruitment,promotion, transfer, employment conditions,performance reviews, dismissals and othermanagement issues.

Multiple Positions

Staff may often perform other roles within theUniversity which are in addition to the duties of theirappointed position. Examples of such positions includeunion representative, sexual harassment contact officeror member of a committee. Such dual roles maysometimes come into conflict, or may result in a staffmember feeling they are unable to fulfil theresponsibilities of each role in its entirety. In such asituation staff should raise the concerns with theirsupervisor.

Committees, Boards and Panels

If a member of a committee has an interest such that areasonable observer, knowing all the facts, couldreasonably conclude that the interest could affect thedecision or functioning of the committee, the membermust disclose the interest.

The following procedures should be followed:1 Committees which deal with matters where

conflicts of interest can arise must have astanding agenda item calling for declarations ofpotential conflicts of interest. This does notpreclude the disclosure of an interest at any stagein proceedings.

2 If a declaration is made the committee mustconsider the relevant circumstances includingthe seriousness of the conflict, the risk of aperception that a conflict exists, the likelihoodthat decisions may be influenced, and the abilityto obtain alternative suitable representation onthe committee.

3 The response to a declaration may include to:• determine that the issue will not affect, or be

perceived to affect, the functioning of thecommittee;

• request the individual to take all reasonablesteps to remove the conflict;

• require the individual to withdraw from themeeting for those proceedings directlyaffected by the potential conflict; or

• request that the individual resigns from thecommittee.

4 A member may be unwilling to discuss thedetails giving rise to conflict, and this should berespected. In such a case the committee shouldbe informed that a conflict may exist and themember must stand down from the committeefor any item that is affected by the decision.Alternatively, the member may choose to resign.

5 The minutes should record that a conflict ofinterest was disclosed and the name of themember making the disclosure. Normally therewill be no requirement to record the details ofthe conflict. In all cases the response to adisclosure should be recorded, e.g. ‘Dr Personleft the meeting for this item’.

Research

The University’s Code of Conduct in Research requiresthat researchers make full disclosure in writing of anyactual or potential conflict of interest in research to thePro-Vice-Chancellor (Research) as soon as reasonablypracticable after they become aware of it

In respect of grants and other research funding there isan obligation to disclose to the funding body any actualor potential conflicts of interest which might affect theresearch or investigations, influence publication, orotherwise affect the project. Likewise in respect ofpublications, conflicts of interest should be disclosed topublishers or editors and to the readers of thepublished work.

Contracts and Agreements

Staff have an obligation to disclose in writing aresponsible person associated with the contract oragreement at any time that they are aware of a conflictof interest that does or could exist in respect of theirinvolvement in the contract or agreement. If a staffmember who is negotiating an agreement on behalf ofthe University has an interest such that it could appearto a reasonable observer that negotiations are biased,the staff member should disclose that interest.

Staff may not authorise agreements (including orderingor paying for goods or services) with organisationswhich they have an interest in. In such cases, the staffmember should disclose their interest to theirsupervisor and their supervisor shall be responsible forauthorisation.

Where appropriate, University contracts with externalorganisations should include a clause requiring theparties to the agreement to disclose any actual or gu

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potential conflicts of interest.

Staff-Student Relationships

The University’s policies and codes of conductrecognise a special responsibility to ensure a qualitylearning environment for all students. An essentialrequirement is that staff exhibit responsible and ethicalpractices in their relationships with students. It isimportant that staff avoid situations whererelationships with students could influence, or beperceived to influence, academic or professionaljudgements. In this context relationships can includepersonal, romantic, sexual, family or financialrelationships.

Close personal relationships between staff and studentsraise serious issues of potential or actual conflict ofinterest, involving authority and power, trust andconfidence, and equity. In particular, situations that cangive rise to an abuse of trust or power must not occur.A breach of trust arises when the trust associated with aprofessional relationship is damaged throughunprofessional actions.

The development of friendships between staff andstudents is recognised as part of University life.However, it is the responsibility of staff members to actprofessionally at all times, acknowledging the policiesand integrity of the University of Tasmania. Personalrelationships between staff and students must beconsistent with the University’s policies and codes ofconduct. In particular, students who are made to feelthat their academic progress depends upon consentingto a sexual relationship with a member of staff are in anintolerable situation, and the staff member involved isguilty of sexual harassment.

Principles

Staff whose duties place them in a position ofresponsibility and trust with students should base theirconduct on the following principles:1 Staff have a professional and ethical

responsibility to protect the interests of students,to avoid conflicts of interest wherever possible,to respect the trust involved in the staff-studentrelationship, and to accept the constraints andobligations inherent in that responsibility.

2 A close personal relationship with a student mayblur the boundaries of professional and personallife, leading others to perceive that a conflict ofinterest situation has arisen or may arise.

3 Existing relationships with family, friends orbusiness associates may raise ethical andprofessional issues, including conflict of interest,when that relationship conflicts with theprofessional responsibilities.

4 Conflicts of interest within staff-studentrelationships can also affect fellow students and

colleagues, as well as the learning and workingenvironments.

Procedures

By virtue of their position of authority, staff have theprimary responsibility to disclose relationships thatpresent an actual or perceived conflict of interest.

In the case where a student is expected to undertakework or study in an organisation outside the Universityas part of the requirements for the course, the studenthas the responsibility to disclose any conflict of interest.In such cases the University will take every reasonableeffort to avoid arrangements which give rise to conflict.

When a conflict of interest in a staff-studentrelationship is disclosed the following proceduresshould be followed:1 The head of department, executive dean or other

appropriate officer should discuss the matterwith the employee and the student.

2 An appropriate resolution to the issue, made inthe best interests of the student, should benegotiated by the parties and requires the formalapproval of the head of department, executivedean or appropriate officer beforeimplementation.

3 The fact of disclosure and any alterations toprocedures should be recorded (confidentially)in writing by the head of department, executivedean or other appropriate officer, with a copygiven to the student and staff member.

Options for resolution of the matter include, but are notlimited to:• The parties may agree that the relationship will not

affect the employee’s professional responsibilities andtherefore no further action is taken.

• The parties may determine that the staff membershould not take any part in the academic progress orassessment of that student.

• The head of department, executive dean or otherappropriate officer may facilitate the reorganisationof the staff member’s professional duties in order toavoid or minimise professional contact with thestudent concerned.

• If it is not appropriate or practicable to avoid contactcompletely, variations to normal procedures may benegotiated, such as requiring that another staffmember be involved in all assessment of the studentby the employee. In the case of the supervision of apostgraduate student, a co-supervisor may beappointed for coursework students and an alternativesupervisor may be appointed for research students.

Disclosure Of Other Employment

Whilst in specific cases there may be obvious benefits toboth staff and the University for staff to hold otheremployment in conjunction with their University




employment, there also exists a potential for aperceived or real conflict of interest where more thanone employment relationship exists at the same time.

It is therefore important that staff disclose theirintention to hold other employment concurrently withtheir University employment and that the Universityformally approves such arrangements in advance.Letters of appointment should provide for suchdisclosure and University approval, and all current staffwill be asked to seek formal approval to hold otheremployment concurrently with their Universityemployment. Disclosure and University approvaldocumentation will be held in Personnel Services on thestaff member’s personnel file.

Outside Activities or Earnings

Staff owe a professional responsibility to the Universityand must not allow other professional activities todetract from their obligations to the University.

In undertaking any outside activities or earnings,academic staff must abide by the University’s Policy onOutside Activities and Earning of Academic Staff. Where amember of general staff is engaged in outside earningactivities they must advise their supervisor or otherappropriate person of any potential conflict of interestwhich may exist, or may be perceived to exist, withtheir obligations to the University under their contractof employment.

Examples of potential conflicts include:• having a significant financial interest (including that

of immediate family) in an organisation with whichthe University is involved, or is consideringinvolvement, in respect of gifts, grants, agreements,sponsoring, and licensing;

• providing advice to students, other staff or theUniversity which is not independent of personalcommercial and other interests;

• otherwise allowing outside considerations to affectactions or decisions that are part of theirresponsibilities to the University.

Particular issues can arise when employees are alsodirectors of companies or involved in partnershipssince, under Australian Corporations Law, a companydirector is required to act in the best interests of thecompany. A conflict may exist if such actions arecontrary to the interests of the University.

For this reason the University requires that all suchappointments be declared to the Vice-Chancellor (seethe Policy on Outside Activities and Earning of AcademicStaff ), and steps should be taken to resolve any conflict.Such steps may actually require resignation from theUniversity or company. The staff member should alsomake an appropriate disclosure to the partnership orcompany in accordance with its Articles of Associationand the Australian Corporations Law.

Personal Beliefs

It is unlawful to discriminate on the grounds ofreligious or political conviction. All staff have the rightto their own beliefs and should respect the rights ofothers.

However, staff should take care to ensure that theirpolitical involvement or religious and other personalbeliefs do not bring them into conflict with their dutiesas a staff member of the University. It is recognised thata conflict of interest may arise when staff are requiredto implement a University policy which is at variancewith the strong personal values of the individual.

Acceptance of Gifts and Benefits

No staff member should accept a gift or benefit if itcould be seen as intended or likely to affect that staffmember’s performance of their duties. Gift and benefitsmay only be accepted if approved by the Vice-Chancellor and the recipient will not be, or be seen tobe, compromised in the process. Written notice of suchgifts will be made by the staff member to the Vice-Chancellor. In accepting or refusing gifts, staff shouldconsider the cultural context in which the gift wasoffered and endeavour to avoid giving offence.

Policy in practice

The following examples illustrate some situationswhich could arise, and how they could be approached.(a) A member of the University is on a University

committee that has been established to select therecipient of an award. The member’s brother is acandidate for the award. There is a perceivedconflict of interest here even if the individualdoes not in fact allow the relationship to affect adecision.The member must notify the Committeeor its Chair of the conflict as soon as it becomesapparent. The proper action will normally be forthe member to resign from the Committee or tostand down until the matter giving rise to theconflict has been completed. If the member doesnot resign or stand down, the Committee mustconsider the response to the situation, at the veryleast requiring the member to withdraw fordiscussions involving that candidate.Unless themember resigns, the fact of the disclosure andthe actions in response must be recorded in theminutes of the Committee.

(b) A staff member is also a consultant to acompany. Although not an active participant inthe company, the individual is sometimesinvolved in company decisions and has afinancial interest in the company. The individualis a member of a research unit that is negotiatinga contract with the company. A conflict ofinterest exists if the individual is involved in thenegotiations, or if it appears that the individual gu

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has knowledge as an employee of the Universitythat could assist the company in its negotiations.Likewise the individual may also have a conflictof interest in the eyes of the company.The staff member must notify the Pro-Vice-Chancellor (Research) as soon as the conflictbecomes apparent. The Pro-Vice-Chancellor(Research) should acknowledge the disclosureand take appropriate action, such as directing theperson not to take part in negotiations. It mayalso be appropriate to inform the company of theconflict.

(c) A lecturer forms a friendship with a studentthrough the provision of advice and supportover a number of years. This friendship thendevelops into a strong personal relationship. Theteaching program of the department means thatthe lecturer is involved in the assessment of thestudent during the course and in the formalexamination. Further, the student intends toapply for a postgraduate scholarship in theforthcoming round and the lecturer is an obviouschoice as a referee.The staff member must advise their superior(head of department or, if the staff member ishead, the executive dean) of the relationship andthat a conflict exists. The superior must, ifrequested, keep the details of the disclosureconfidential as far as is possible while resolvingthe conflict.The superior must negotiate appropriatearrangements to ensure that the student is notadvantaged or disadvantaged by the relationshipand that there can be no perception of conflict.This may involve a change in teachingresponsibilities in the department or changes inassessment arrangements. At the very leastanother staff member must be involved in allassessments to the extent that everyone can beconfident of proper objectivity. The newarrangements and the extent to which they aremade known to the rest of the class must be suchas to minimise the concern of other students andstaff. The staff member should if possible declineto act as a referee for the student’s scholarshipapplication, or should declare their relationshipin a confidential letter with the reference.It must be accepted that even if the relationshipends, a perception of conflict may continue forsome time, and so it may be necessary to takeaction to counteract this perception.

(d) A staff member elected to the University Councilis also a company director. A matter arises whichmust be discussed by Council and also by thecompany board of directors. A conflict of interest

exists if there is a possibility that the interests ofthe company are not precisely aligned with theinterests of the University, since the member isrequired by law to act in the interests of thecompany but as a member of Council to act inthe interests of the University.

The member must inform the Vice-Chancellor of thepotential conflict. The Vice-Chancellor willacknowledge the declaration and refer the matter to theChancellor for a decision on the appropriate action.

Preamble/Covering Letter

It is the responsibility of the University to communicatethe contents of this policy to all staff, and to studentsand other clients of the University. This will beachieved by:• inclusion in the appropriate University policy

manuals;• inclusion in staff induction and training programs;• annual inclusion of information in UniTas;• circulation to all heads of departments and

administrative sections for distribution to all staff,and

• circulation to relevant staff unions and studentunions.

Wide publicity, discussion and review of the content ofthis policy is intended so that members of theUniversity community will understand the issue as oneof professional conduct and not an invasion of privacy.

Equal EmploymentOpportunity Policy Statement

Equal opportunity expresses the principle that allmembers of society have an equal opportunity toparticipate in and contribute to the various activities ofsociety, limited only by their abilities and skills and notat all by extraneous and irrelevant factors such as race,ethnicity, sex, marital status, age,␣[a] disability, sexualpreference, religious or political affiliation.Affirmative action programs are aimed at achievingequality of opportunity and at ensuring an absence ofunreasonable direct or indirect discrimination and toencourage the participation of those from hithertodisadvantaged groups.The University is required to ensure the absence ofdiscrimination under the Racial Discrimination Act, 1975,and the Sex Discrimination Act 1984. Under theAffirmative Action (Equal Employment Opportunity forWomen) Act, 1986, the University is required tocommence an affirmative action program for womenemployees and to report on progress annually to theAffirmative Action Agency.In accordance with legislation, where applicable, theUniversity’s broad equal employment opportunity




program will include the following components:(a) consultations with general and academic

staff and with the unions;(b) statistical analyses of the University’s

workforce to identify areas of imbalance,provide indicators of priorities for attentionand action, and to further research;

(c) reviews of University policies and practicesin areas such as recruitment, selection,promotion, staff development andconditions of service;

(d) setting objectives and forward estimates,determining strategies and taking action toachieve them;

(e) monitoring and evaluating procedures.The University has maintained the equal employmentopportunity programs developed prior toamalgamation and is continuing to develop policies forthe University of Tasmania as a whole.The equal employment opportunity program isconsistent with the merit principle in appointment andpromotion. Only criteria related to the ability to do thejob are used in selection and promotion procedures.[a] This policy does not supersede compulsory

retirement ages.

Freedom of Inquiry and theResponsibility to Publish

University Policy on the Publication by Staff andStudents of Controversial Material

1 Principles1.1 The University of Tasmania takes seriously its

responsibility for the preservation, creation,synthesis and publication of knowledge. It iscommitted to rational, open, critical inquiry, andto the discovery and dissemination of truth,without fear or favour.

1.2 Recognising that this commitment transcendsany short-term exigencies of public opinion orpublic policy, the University asserts on behalf ofits staff and students the autonomy necessary topublish controversial material and to advanceand defend unpopular critiques of contemporarysociety.

1.3 The University also recognises that thisfundamental commitment to truth, knowledgeand critical inquiry carries with it an obligationto be responsible and accountable. It respectscommunity expectations that material publishedby or in association with any good universitywill meet high standards of professionalvalidation, and seeks to ensure that its staff andstudents adhere to the most rigorous criteria ofmethodological integrity and data verification. In

doing so, it is committed to the validation ofresearch findings by peer review prior topublication.

1.4 Once satisfied that proper scholarly standardshave been met, the University is committed tosupporting the right and indeed the need forresearch results to be presented in the publicdomain, provided only(i) that the publication of such results has not

been restricted in advance under the termsof a research or consultancy contract, and

(ii) that where the accuracy or validity of anypiece of scholarly work has been challenged,properly corroborated professionaljudgment has been sought to confirm thatthe requirements of Principle 1.3 (above)have been met.

Subject to these provisos, the University willprovide all appropriate legal advice and supportto facilitate the publication of contested researchfindings.

2 Procedures2.1 Before accepting any legal restriction on the right

to publish or to make available research findingsfor examination purposes, the head of thedepartment in which the research is beingundertaken must ensure that the nature andextent of such restrictions has been cleared withthe Pro-Vice-Chancellor (Research). This isespecially vital in any case involving researchundertaken partly or wholly by honours orpostgraduate research students.

2.2 Any preliminary concerns about possible legalaction against the University, its staff or students,arising from the publication or dissemination ofresearch findings, should be reported by thehead of department to the Pro-Vice-Chancellor(Research) at the earliest possible time.

2.3 In the event of legal action being initiated by anyparty, the Pro-Vice-Chancellor (Research) shallconvene a committee to manage the matter,comprising the Pro-Vice-Chancellor (Research)as Chair, the head of department and a legallyqualified person appointed by the Vice-Chancellor. In managing the matter thecommittee shall follow the principles definedabove. This procedure will normally involve:• The seeking of legal advice

(i) to identify those aspects of a work whichmay be liable to legal action

(ii) to evaluate the prospects for a successfuldefence of a decision to publish, and

(iii) to indicate possible changes that mightstrengthen such a defence withoutvitiating the essential integrity of theresearch findings.

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• The reference of such legal advice to thedepartment concerned, and, whereappropriate, to relevant professional expertsoutside the department, for information andaction.

• Where deemed appropriate, the securing offurther peer review to confirm themethodological and analytical integrity andvalidity of the work in accordance withPrinciple 1.3 (above).

• The implementation by the research, inconsultation with the head of department, ofany changes deemed necessary or desirableon the basis of such professional judgment.

• Where a researcher refuses to acceptconsidered professional advice based onlegal opinion, the University may have toconsider disassociating itself formally fromany publication or other dissemination of theresearch findings.

• Where such changes are made to thesatisfaction of the head of department, theUniversity will make its best endeavours tofacilitate the publication and to support theresearcher in defence of the right to publish.

2.4 In any case in which, in the judgement of thecommittee convened by the Pro-Vice-Chancellor(Research) or in the light of legal advice received,publication is likely to have serious legal orfinancial implications for the University, thematter shall be referred to the Vice-Chancellor,who shall, where necessary, seek thedetermination of the University Council aboutthe appropriate application of the principles setout in Part 1 (above).

Intellectual Property in theUniversity of Tasmania

The ownership of intellectual property generated bystaff and students at Australian Universities is animportant matter which is currently under discussionthroughout the system. This paper summarises brieflysome of the key issues. It will be replaced by a morespecific paper on ownership and rights at theUniversity of Tasmania when University Councildetermines University policy on the matter. Theinformation contained in this document has beendrawn in part from the AV-CC document Ownership ofIntellectual Property in Universities 1993.

Intellectual Property

Intellectual Property (also referred to as IndustrialProperty)

Intellectual Property is basically a collection of specific

rights which attach to the results of intellectual activityin the industrial, commercial, scientific, literary andartistic fields. Some are provided by statute and othersare to be found in common law and equity. Includedwithin the term Intellectual Property are:• patents granted under the Patents Act 1952;• information which has been communicated in a way

to bring about a duty of confidentiality;• information which is subject to an employee’s duty of

fidelity to the employer;• copyright vested by virtue of the Copyright Act 1968

in Literary works including computer programs anddramatic works, musical works, artistic works, films,sound recordings, broadcasts, published editions andcertain types of performances;

• trademarks registered under the Trademarks Act 1955;• unregistered trademarks used or intended for use in

business and to which some claim is based in relationto authorship;

• designs registered under the Designs Act 1906;• copyright in some unregistered designs (usually as

artistic works);• new plant varieties under the Plant Varieties Act 1987;• circuit layouts (computer chips) under the Circuit

Layouts Act of 1989;• trade secrets;• other rights resulting from intellectual activity;

Meaning of the Ownership of IntellectualProperty

The ownership of Intellectual Property is essentiallyconcerned with legally enforceable rights. The rights inIntellectual Property are the essential features of legalrecognition of the property and ownership with legalrecognition of the ability to exercise one or more ofthose rights.

There are also de facto rights to the ownership ofIntellectual Property such as the right to controlwhether or not to publish, register a design or patent, orseek overseas registration of the property. Converselyownership may also entail liability such as providingindemnity for a licensee. The owner may be compelledto take legal action to protect the property or associatedliabilities for maintenance and improvement ofproperty (for example computer programs). In generalterms ownership entails␣–• the right to exclusive use of the property (the right to

use the invention covered by the grant of patent forthe period of the patent);

• the right to publish copy adapt and performcopyright or to use a particular trademark anddesign;

• the right to assign away rights, license, donate or touse as security entitlement to registration whereapplicable;




• the right to exclusive control and to directdevelopment of the property;

• liability for ownership including taxation legal actionin negligence, contractual obligations to indemnify orprotect registration and maintenance costs andimposts.

Ownership of Intellectual Property in theUniversity

The comments below generally relate to policies whichapplied in the former University of Tasmania, based inHobart. Technically, these policies continue to apply inthe new University until they are replaced by newdeterminations of the University Council. However it isacknowledged that the attitude towards intellectualproperty has changed considerably since these policieswere determined, driven by the more commercialenvironment in which universities now operate.Similarly, in line with its aim to be an exemplaryemployer, the University has a more liberal attitudetowards the entitlements of its staff arising from theiractivities, well illustrated in Policy on Outside Activitiesand Earnings of Academic Staff. Issues relating to theownership of intellectual property will be approachedwith a degree of flexibility pending the formal adoptionof a new policy document. Specific cases should bediscussed with the Pro-Vice-Chancellor (Research).

Ownership of Intellectual Property otherthan Copyright

Academic Staff

The former University of Tasmania determined that byvirtue of the employment contract of academic staff thewhole of the professional time of an academic staffmember was required to be devoted to the performanceof the duties of office of that staff member. It wastherefore argued that any intellectual propertydeveloped by staff members in the performance of theduties of their employment belongs to the University,whether or not it was performed in normal workinghours. However it was also accepted that a staffmember who created intellectual property was entitledto a fair share of the outcomes from its commercialdevelopment.

General Staff

The general staff members have fixed working times,which makes it possible to distinguish intellectualproperty developed ‘privately’ from that developed inthe course of employment. In the former University,any intellectual property developed in the course ofemployment or using resources and facilities providedby the University belonged to the University.

Ownership of Copyright

It could be argued that implicit in the contract of each

member of the academic staff of the University is theownership, by the University, of the copyright topublications, and original creative works (e.g. literary,dramatic, musical, computer programs) produced byacademic staff. However some rather distant legalprecedents, together with widespread practice inuniversities, could be taken to support the propositionthat academic staff own the copyright to the works theyhave produced. In any event the University recognisesthat the free disposition of copyright materials is anindispensable part of teaching and research.Accordingly the former University automaticallyrelinquished its claim to copyright in favour of theauthor or authors of the work where the followingconditions held:• the author is a member of the academic staff of the

University;• the work is produced in the course of normal

teaching duties, or in the course of research orcreative work not involving an external sponsor orcontact or in the form of public comment.

In the staff member’s area of expertise and wheresubstantial commercial return is expected to derivedfrom the exploitation of copyright materials the authorshould consult with the Office for Research beforeattempting to dispose of the rights. The University mayclaim a role in the exploitation of such copyrightmaterial. In the case of materials produced for teachingand not commercially published, the University retainsthe right to use and modify the materials for teachingpurposes even after the author ceases to be a member ofthe University staff. Copyright residing in materialsproduced by general staff in the course of theiremployment duties whether in normal working hoursor outside has generally been retained by theUniversity, for example publicity materials producedby administrative staff, library catalogues,commissioned computer programs, financial systems ora program for the analysis of research results.Copyright residing in materials produced by academicand general staff of the University which is unrelated tothe University duties is owned by the author orauthors. The University facilities may be made availablefor authors to develop or produce such copyrightmaterials with specific approval of the Vice-Chancellorand with appropriate cost recovery.

Confidential Information

The owner of confidential information is the personwho provides that information in circumstances whichbring about a duty of confidentiality on the part of therecipient. The recipient of confidential information shallnot disclose such information to any other party andwill take all reasonable steps to ensure that theinformation remains confidential. Confidential

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information includes plans, drawings, designs,specification systems, software, programs, processcontrol details and any other information provided inconfidence, unless information or material␣–(a) is already publicly known or becomes publicly

known;(b) is already lawfully in the possession of the

University or its associates;(c) is later received by the University or its

associates with no confidential obligation; or(d) is independently developed by University

personnel without knowledge of suchconfidential information.

Sexual Harassment Policy andComplaints Procedure

1 Introduction1.1 The University of Tasmania is a community of

scholars and students committed to the higheststandards of academic achievement, researchand community service.

1.2 Sexual harassment:␣–(a) is offensive;(b) is inimical to the objects and purposes of the

University which is a community whosemembers are related by strong bonds ofintellectual dependence and trust; and

(c) may be unlawful.

2 The nature of sexual harassment2.1 For the purpose of this policy statement sexual

harassment is defined as including unwelcomesexual advances, unwelcome requests for sexualfavours and unwelcome conduct of a sexualnature but does not include normal mutualattraction between two persons. That definitionmakes it clear that sexual harassment includes awide range of behaviour of a sexual naturewhich causes distress to another person. It mayinclude behaviour of a nature which may beacceptable or even welcome in other contexts,e.g. between friends in a social context which isinappropriate at work or in an educationalenvironment.

2.2 By way of an indication of the wide variety offorms which sexual harassment may take thefollowing examples are provided:• unwelcome comments about a person’s sex

life;• suggestive behaviour such as leering or

ogling;• unnecessary familiarity such as deliberately

brushing against a person;• jokes of a sexual or suggestive nature;• offensive telephone calls;

• the display of offensive photographs,reading matter or objects;

• sexual propositions;• continual requests for dates;• physical contact such as touching and

fondling.2.3 Sexual harassment is particularly deplorable and

threatening when it is part of a continuingpattern of behaviour and where the harrassingparty is in a position of authority over, or seniorto, the person subject to the harassment.

3 University policy3.1 The University has a proper concern where

sexual harassment:• creates an intimidating, hostile or offensive

working environment;• adversely affects the work performance of a

member of staff or of a student;• results in a member of the staff resigning or

being unfairly dismissed;• results in a student withdrawing from a

course or being the subject of an academicpenalty; or

• involves or leads to a member of the staff ora student being victimised or made thesubject of any form of discrimination.

3.2 Sexual harassment by any member of staff,student or other person who is engaged by or onbehalf of the University or makes use ofUniversity facilities will not be tolerated by theUniversity. Any complaint of sexual harassmentwill be investigated and action taken inaccordance with this policy statement.

3.3 The University will actively encourage all staffand students to develop an awareness of thispolicy and issues relating to sexual harassmentand in particular will ensure that all members ofthe staff who exercise managerial or supervisoryfunctions are made aware of theirresponsibilities.

3.4 Heads of department and other senior staff willmonitor developments relating to a complaint toensure that it does not result in any actconstituting victimisation or intimidationfollowing the making of a complaint. Any suchact may constitute a ground for the taking ofdisciplinary action.

4 Persons the subject of sexualharassment

4.1 The University encourages any person who hasbeen the subject of conduct amounting to sexualharassment to report the matter in accordancewith this policy statement.

4.2 Any such report will be dealt withsympathetically and so that all rights, including




the right to confidentiality, conferred by thispolicy statement are protected.

4.3 No contact shall be made with the person who isthe subject of the allegation of sexual harassmentwithout the express consent of the person whomade the report.

4.4 Save and except in the case where disciplinaryaction has been instituted, a person who hasreported alleged sexual harassment may requirethat the matter may be taken no further andthereupon no further action shall be taken.

5 Contact persons5.1 Understanding that conduct in the nature of

sexual harassment is likely to be distressing tothe victim, the University designates thefollowing to be Contact Persons to whom avictim of alleged sexual harassment may go inthe first instance for support and advice and whowill perform the other functions set out in thisstatement␣–(a) the student counsellors;(b) four members of the staff of the University at

Hobart and three members of the staff atLaunceston, in each case including personsof both genders, appointed from time to timeby the appropriate branch of the academicunion;

(c) four members of the staff of the University atHobart and three members of the staff atLaunceston, in each case including personsof both genders, appointed from time to timeby the respective general staff unions inproportion to their membership;

(d) two students appointed from time to time byeach of the Tasmania University Union Incand the Student Association Inc;

(e) a member of the staff of each of theTasmania University Union Inc and theStudent Association Inc appointed from timeto time by each such organisation;

(f) a student who is a resident of Christ Collegeappointed from time to time by the studentswho reside there;

(g) a student who is a resident of a hall ofresidence of the University at Launcestonappointed from time to time by the studentswho reside there; and

(h) any other member of the staff of theUniversity who applies to become a ContactPerson and is appointed as such by the Vice-Chancellor on the advice of the ExecutiveOfficer (Equal Employment Opportunity).

5.2 The organisations making appointments under(b) and (c) are required to bear in mind thedesirability of appointing Contact Persons in

various areas of the University’s activities and toprovide for those outside the main campuses.

5.3 At least once in each calendar year the ExecutiveOfficer (Equal Employment Opportunity) shallmeet with the Contact Persons to ensure thatthey are familiar with the provisions of thispolicy statement and all relevant provisionscontained in any Ordinance or industrial awardand so as to provide guidance in dealing withcases of alleged sexual harassment.

5.4 Contact Persons are encouraged to seek theadvice of the Executive Officer (EqualEmployment Opportunity) in the performance oftheir duties.

5.5 As soon as is reasonably practicable after 31December in each year, and upon ceasing to holdoffice as such, a Contact Person shall inform theExecutive Officer (Equal EmploymentOpportunity) of the number and nature of thecomplaints received by that Contact Personduring that year or part of a year (as the casemay be).

6 Initial complaints6.1 Any complaint of sexual harassment in the first

instance shall be made to␣–(a) the Executive Officer (Equal Employment

Opportunity); or(b) a Contact Person; or(c) the relevant head of department; or(d) if the complaint concerns a head of

department or an officer senior in rank to ahead of department, to the immediatesuperior of the person concerned;

who shall␣–(e) by interviewing the complainant, endeavour

to ensure that the complaint is made bona fideand not frivolous or vexatious;

(f) explain the procedures of the University fordealing with allegations of sexualharassment;

(g) explore possible ways in which thecomplainant might be able to resolve thematter, whether by way of direct discussionbetween the complainant and the allegedharasser or by mediation by a third personor otherwise, without the taking of any ofthe procedures provided for in thisstatement;

(h) make a brief written record of the complaint.6.2 Where the initial complaint is made to the head

of department or to a more senior officer, thecomplainant shall be entitled to have theExecutive Officer (Equal EmploymentOpportunity) or a Contact Person present at all gu

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interviews with the head or senior officer.6.3 Unless the officer to whom the complaint is

made is satisfied the complaint is not made bonafide or is frivolous or vexatious, the complainantmay require that the complaint be resolvedformally or informally.

6.4 Where the officer to whom the complaint ismade is other than the Executive Officer (EqualEmployment Opportunity) and that officer issatisfied that the complaint is not made bona fideor is frivolous or vexatious the complainant shallbe entitled to renew the complaint to theExecutive Officer (Equal EmploymentOpportunity).

7 Informal resolution of complaints7.1 The University provides for an information

resolution of complaints of sexual harassmentbecause of a recognition that in many casescomplaints may best be so resolved by way of aresolution of issues rather than by theestablishment of guilt or innocence. The informalresolution of a complaint is not to be taken as anindication that it was not well founded or of theguilt of the alleged harasser.

7.2 Where a complainant who has made a complaintto a Contact Person wishes to have the complaintdealt with informally that Contact Person shallrefer the complainant to be interviewed by␣–(a) the Executive Officer (Equal Employment

Opportunity); or(b) if the complainant so desires to the relevant

head of department; or(c) if the complaint concerns a head of

department or an officer senior in rank to ahead of department, and if the complainantso desires, to the immediate superior of theperson concerned; and, if the complainant sorequests, shall be present at any suchinterview.

7.3 Where a complainant who wishes to have acomplaint dealt with informally(a) is referred to the appropriate officer by a

Contact Person; or(b) made the complaint to an appropriate officer

other than a Contact Person;the officer to whom the complainant is referredor the Officer to whom the complaint was made(as the case may be) shall endeavour to resolvethe complaint informally by mediation orotherwise.

7.4 Where the resolution of a complaint may affectthe organisation of work in a department anyinformal resolution of a complaint must involvethe head of that department or, if the complaintconcerns that head of department or an officer

senior in rank to that head in the operation ofthat department, the immediate superior of theperson concerned.

7.5 Where the complaint is referred to the head ofdepartment or to a more senior officer, thecomplainant shall be entitled to have theExecutive Officer (Equal EmploymentOpportunity) or a Contact Person present at allinterviews with the head or senior officer.

8 Formal procedure8.1 Where a complainant is entitled to have a

complaint resolved formally in the first instanceor where endeavours to resolve a complaintinformally have failed, then a complainant mayrequire that the complaint be resolved formallyby notice in writing to the relevant head ofdepartment or, if the complaint concerns a headof department or an officer senior in rank to theimmediate superior of the person concerned,setting forth particulars of the complaint.

8.2 Where a complainant requires that the complaintbe resolved formally the head of department orother officer␣–(a) shall give notice to the Executive Officer

(Equal Employment Opportunity) of themaking of the complaint;

(b) shall furnish full particulars of the allegedharassment to the person against whom theallegation is made;

(c) shall afford to the person against whom theallegation is made a full opportunity toanswer the allegation in writing andotherwise;

(d) may interview witnesses;(e) may make all such investigations as may be

appropriate;(f) shall keep a written record of the dealings

with the complaint; and(g) shall afford natural justice to the

complainant and the person against whomthe allegation is made.

8.3 If, having completed dealing with a complaintunder paragraph 8.2, the head of department orsenior officer␣–(a) determines that the matter ought to be the

subject of disciplinary proceedings, he or sheshall refer the matter to the Vice-Chancellor;

(b) determines that the complaint was madefalsely or maliciously, he or she shall referthe matter to the Vice-Chancellor; or

(c) in any other case, if he or she considers thecomplaint to have foundation, take suchsteps as a appropriate to settle the complaint;

and in any event shall give notice of his or herdetermination to the complainant, to the person




the subject of the complaint and to the ExecutiveOfficer (Equal Employment Opportunity).

9 Disciplinary procedure9.1 If a matter is referred to the Vice-Chancellor

under paragraph 8.3 (a), he or she shallthereupon␣–(a) if the complaint concerns the alleged

conduct of a member of staff, take theappropriate action to enable the matter to bedealt with pursuant to the terms andconditions governing that member of staff’semployment;

(b) if the complaint concerns the allegedconduct of a student, refer the matter to theUniversity Proctor pursuant to the Ordinanceof Discipline if the conduct alleged constitutesa University Offence or to a DisciplinaryOfficer if it does not.

9.2 If a matter is referred to the Vice-Chancellorunder paragraph 8.3 (b), he or she shallthereupon(a) if the complaint was made by a member of

staff, take the appropriate action to enablethe matter to be dealt with pursuant to theterms and conditions governing thatmember of staff’s employment;

(b) if the complaint was made by a student, referthe matter to the University Proctorpursuant to the Ordinance of Discipline ifthe conduct alleged constitutes a UniversityOffence or to a Disciplinary Officer if it doesnot.

10 Keeping of records10.1 All records concerning the formal resolution of a

complaint shall be maintained as part of theformal confidential records of the University.

10.2 All other records of complaints not resulting indisciplinary proceedings shall be transmitted toand be maintained by the Executive Officer(Equal Employment Opportunity) who shalldestroy the same upon the expiration of 12months from the last dealing concerning thecomplaint, or if within that period a furthercomplaint is made concerning the conduct of therelevant officer, upon the expiration of 12months from the last dealing concerning acomplaint.

11 Review procedure11.1 Except in the case where disciplinary

proceedings have been commenced, where acomplainant or a person the subject of acomplaint is aggrieved about the manner inwhich a complaint has been dealt with, suchperson may, within 30 days of the last dealing

concerning the complaint, refer the matter to theVice-Chancellor for investigation.

11.2 Upon a matter being referred to the Vice-Chancellor, the Vice-Chancellor may carry out,or cause to be carried out, an investigation of thematter and may give such directions as areappropriate to ensure that the complaint isproperly dealt with.

11.3 An officer of the University to whom such adirection is given by the Vice-Chancellor shallcomply with the terms thereof.

12 Criminal proceedings12.1 Any complaint alleging the commission of any

offence which is the subject of proceedings in acourt shall not be dealt with in accordance withthis policy until such proceedings have beenfinally determined.

13 Promulgation13.1 This statement is to be promulgated widely

within the University and in particular␣–(a) will be published in the University Calendar;(b) will be published in the University

handbook for staff;(c) will be referred to in the University Student

Information Handbook; and(d) will be made available to student

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Appendix

35 Of Amendments to the Ordinance of theAcademic Senate (revoked)

36 Of Academic Assessments and AcademicProgress

37 Of the Chancellor and Deputy Chancellors38 Of Amendments to the Ordinance of the Alumni39 Of the Menzies Centre Board40 Of the Board of Graduate Studies by Research41 Of the Amendment of the Ordinance of the

Schools (revoked)42 Of Student Services and Amenities Fees and

Affiliate Student Associations43 Of the Amendment of the Ordinance of

Academic Assessments and Academic Progress44 Of the Amendment of the Ordinance of the

Schools (revoked)45 Of the University Development Strategy46 Of the Amendment of the Ordinance of Student

Services and Amenities Fees and AffiliatedStudent Associations

47 Of Administrative Amendments48 The Schools Amendment (revoked)49 (no ordinance with this number, see No. 48)50 Academic Dress (Amendment)51 Alumni (Amendment)52 Christ College Council (Amendment)53 The University Seal54 Student Services and Amenities Fees and

Affiliate Student Associations (Amendment)55 Academic Dress (Amendment)56 Endowments Amendment57 Academic Structure58 Student Discipline59 Academic Senate60 Alumni (Amendment 1/98)61 Menzies Centre Board (Amendment)

The numerical sequence of University ordinances is asfollows:

1 Chancellor (rescinded)2 Of the Vice-Chancellor3 Of the Seal of the University (revoked)4 Of the Repeal of Statutes I and V5 Of the Standing Committees of the Council6 Of the Deputy Vice-Chancellors and Deputy

Principals7 Of the Amendments to Statutes IX and XXII8 Of the Repeal of Statutes 1A and IV and

Amendments to Statutes IX and XXIX9 Of the Academic Senate (repealed)10 Of the Emeritus Professors11 Of the Advanced Education (Academic Staff)

Regulations 198312 Of the Australian Maritime College13 Of the Academic Departments (revoked)14 Of the Faculties (revoked)15 Of the Repeal of the Ordinance of the Australian

Maritime College16 Of the Schools (revoked)17 Of Awards (revoked)18 Of the Schools (Amendment) (revoked)19 Of Discipline (revoked)20 Of the Council Elections21 Of the Student Grievance Procedures22 Of the Repeal of the Advanced Education

(Student Discipline) Regulations, Statutory Rules1985, No. 166

23 Of the Repeal of various Statutes made underSection 18 of the Tasmanian University Act 1951

24 Of the Amendment of the Ordinance of StudentGrievance Procedures

25 Of the Alumni26 Of the Amendment of Ordinance No. 19 (Note:

Ordinance No. 19 has been revoked)27 Of the Academic Senate (revoked)28 Of Amendments to the Ordinance of Standing

Committees of the Council and to the Ordinanceof Discipline

29 Of the Christ College Council30 Of Endowments, Prizes and Scholarships31 Of the Amendment of the Ordinance of the

Schools (revoked)32 Of Delegation of Powers of Council33 Of Academic Dress34 Of Amendment of the Ordinance of Discipline

(Note: Ordinance of Discipline has been revoked)