University of Western Australia Act 1911

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University Colleges Act 1926

No. 47 of 1926

AN ACT to establish and endow residential colleges within The University of Western Australia

[Assented to 23 December 1926]

 

WHEREAS it is desirable to encourage and assist the establishment of residential colleges within The University of Western Australia, in which colleges domestic supervision and opportunities for study shall be provided for students of the University. Be it therefore enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the University Colleges Act 1926.

Interpretation

2. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively—

'University'—The University of Western Australia;

'Senate'— The Senate of the University;

'College'—A residential College within the University;

'Trustees'— The Trustees of a College.

Land may be set apart for purposes of Colleges

3. Any body of persons, corporate or incorporate, desiring to obtain an area of land for establishing a College under the provisions of this Act, may apply to the Senate to set apart for the purposes of such College an area of University land.

Such application shall be signed on behalf of such body of persons by trustees authorised in that behalf, and such trustees must satisfy the Senate—

(a) that the constitution of the College will provide that the College shall always be governed in every respect by a Council;

(b) that within five years the Trustees will have available the sum of fifteen thousand pounds at least for the purpose of erecting all necessary buildings on and improving the said area;

and thereupon the Senate may, with the consent of the Governor, set apart for the purposes of the College an area of University land not exceeding five acres.

Grants of such land

4. If, within five years from the date of the Governor's consent as aforesaid, the Council of the College satisfies the Senate that—

(a) the College then has available for building upon and improving the said area of land a sum of at least six thousand pounds in cash, or in investments approved by the Senate, and also a further sum of nine thousand pounds at least in such investments, or represented by binding and responsible promises to provide such sum when required, and that the whole sum is to be devoted exclusively to the erection of College buildings and improvements on the said area of land, and will be so expended within a further period of five years; and that

(b) the College will be able to provide its students with satisfactory supervision, tuition, and opportunities for study;

the Senate shall thereupon report such fact to the Governor, and recommend that the said area of land be granted in fee simple to the Trustees of the College and the Governor is hereby authorised to grant such title notwithstanding anything to the contrary contained in the University of Western Australia Act 1911, or any other Act.

Provided that if within five years from the date of the Governor's consent the Council of the College does not satisfy the Senate as aforesaid, the setting apart of the area of land under section three shall be cancelled.

Trust

5. The said land shall be held by the Trustees subject to the provisions of this Act, and upon trust for and to be used as a College for University students, and for such other classes of students (if any) as the Senate may approve, and for no other purpose whatever.

Buildings to be approved by Senate

6. No buildings shall be erected or altered or added to, and no improvements shall be made on the said land unless the plans and specifications and designs have first been submitted to and approved by the Senate.

Land not to be leased, and mortgages to be subject to the Trust

7. The said land shall remain in sole possession of the College, and the College shall not, nor shall the trustees lease or let the same or any part thereof, or mortgage or encumber the same, or any part thereof, unless the mortgage or encumbrance is made subject to the provisions of this Act and the trust aforesaid.

Rules

8. The Council of the College shall have power from time to time to make and establish all such rules for carrying into effect the several provisions and objects of this Act as to the said Council shall seem expedient, and such rules from time to time repeal, alter, or amend.

University Buildings Act 1952

No. 43 of 1952

AN ACT relating to the provision of certain buildings for The University of Western Australia and for other incidental purposes

[Assented to 18 December 1952]

 

BE it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the University Buildings Act 1952.

2. In this Act, unless the context requires otherwise—

'building' means—

(a) a building; and

(b) the whole or part of its furnishings, fittings and equipment; for the provision of which, expenditure by the Senate is authorised under this Act by the Treasurer;

'interest' means interest at the rate for the time being applicable according to the provisions of section six of this Act;

'investments' means investments in which trust funds are invested but does not include land or buildings in which trust funds are invested;

'Senate' means the governing authority of the University, acting for and on behalf of the University;

'specified sum' means a sum of one hundred thousand pounds;

'Treasurer' means the Treasurer of the State acting for and on behalf of the State;

'trust funds' means trust funds of the University;

'University' means the body corporate constituted as The University of Western Australia by the University of Western Australia Act 1911.

3.(1) From time to time at the request of the Senate the Treasurer may authorise the Senate to spend money mentioned in section four of this Act on the provision of a building or buildings on land described by subsection (2) of section two of the University of Western Australia Act Amendment Act 1929, as the University site at Crawley.

(2) The total of the sums of money which the Treasurer may so authorise the Senate to spend is irrespective of interest, the specified sum.

4. The Senate may raise money it is so authorised to spend—

(a) by borrowing the whole or part of the money on the security of trust funds and investments;

(b) by selling all or some of the investments; or

(c) by both of those means.

5.(1) The provisions of this section apply in respect of each building if there are more than one, or if there is only one, in respect of that building.

(2) The Senate shall cause the building to be completed as soon after it is commenced as is reasonably practicable.

(3) In this section—

'completion-quarter-day' means the quarter-day next after the completion of the building;

'quarter' means each period of three months expiring on the last day of each of the months of March, June, September and December;

'quarter-day' means the first day of each of the months of January, April, July and October;

'total cost' means the total of the sums of money spent by the Senate with the authorisation of the Treasurer under section three of this Act, on the provision of the building, but does not include interest payable by the Senate in respect of that money.

(4)(a) On or as soon as is reasonably practicable after each quarter-day from the commencement to the completion of the building, including the completion-quarter-day, the Senate shall cause to be delivered to the Treasurer—

(i) certificates signed by the architect supervising the construction of the building certifying the progress or completion, as the case may be, of the building during the quarter next before the quarter-day; and

(ii) a statement signed by the Vice-Chancellor showing how much of the total cost has been incurred from the commencement of the building to and including the last day of the quarter.

(b) On or within fourteen days of delivery of each statement, the State shall pay to the Senate interest on so much of the total cost as is shown by the statement to have been incurred.

(5) On or within fourteen days of each quarter-day following the completion-quarter-day the State shall pay to the Senate interest on so much of an amount equal to the total cost of the building as at each of those respective quarter-days remains to be paid, under subsection (6) of this section by the State.

(6)(a) The State shall reimburse the Senate the total cost of the building by payments on or within fourteen days of each anniversary of the completion-quarter-day of instalments equal to two per centum of that cost.

(b) The State may hasten the reimbursement by making payments on or within fourteen days of any quarter-day at a rate greater than that required by paragraph (a) of this subsection.

(c) On any day the State may pay to the Senate the unpaid balance of the reimbursement on payment of interest which was accrued to that day, and which if that day is after the first fourteen days of any quarter-day, shall bear the ratio to the quarter's interest which the part of the quarter expiring on the day of payment bears to the quarter.

(d) The Senate shall apply money it receives under this subsection firstly in the discharge of loans raised under section four of this Act, and secondly in reinvestment for the benefit of trust funds from which the cost of building was met.

6.(1) In this section—

'Commonwealth rate' means the rate of interest payable by the Commonwealth on a loan if only one rate is so payable, but if two or more rates of interest are so payable, means the greater, if two, or the greatest, if more than two, of those rates;

'loan' means a loan raised by the Commonwealth under the Commonwealth Inscribed Stock Act 1911, as amended from time to time, or if another Act is substituted for that Act, under that other Act as amended from time to time;

'specified day' means the day on which a loan is raised next after the first day of July, one thousand nine hundred and fifty-two.

(2) While the State is required by this Act to pay interest, the rate of that interest shall be equal, if only one loan is raised on the specified day, to the Commonwealth rate on that loan; or

if two or more loans are raised on the specified day, to the Commonwealth rate on the loan bearing the greater rate, if there are two loans, or to the greatest rate if there are more than two loans,

except where

a revised rate is agreed under subsection (3) of this section, in which case the rate of interest payable by the State shall be the revised rate.

(3) Prior to the commencement of each period of fifteen years, the first of which begins on the first day of July, one thousand nine hundred and sixty-eight, the Treasurer and the Senate may agree that during the particular period of fifteen years the State shall pay interest under this Act at a rate equal to the Commonwealth rate on the loan last raised before the commencement of the particular period of fifteen years.

7. To the extent required to enable the State to make payments in accordance with the provisions of this Act the Consolidated Revenue Fund is by virtue of this Act, appropriated.

University Medical School, Teaching Hospitals, Act 1955

As amended by Acts:

No. 52 of 1981, assented to 25 September 1981;

No. 28 of 1984, assented to 31 May 1984;

No. 21 of 1985, assented to 19 April 1985.

AN ACT to provide facilities in certain hospitals for the teaching of medical students of The University of Western Australia Medical School

[Assented to 24 November 1955]

 

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the University Medical School, Teaching Hospitals, Act 1955.

Interpretations

2. In this Act unless the context requires otherwise—

'managing body' means a board as defined by section 2 of the Hospitals Act 1927, but does not include the Minister to whom the administration of that Act is committed in relation to any public hospital controlled by him under section 7 of that Act;

[Cf. No. 23 of 1927, s. 2, as amended. Cf. No. 34 of 1911 reprinted as amended in Vol. 3 of the Reprinted Acts, 1950, and further amended; ss. 3, 317, 319 and 320. Amended by No. 21 of 1985.]

'medical student' means a person who studies medicine;

'medicine' means all or any of the branches of medicine or surgery or both;

[Cf. the Medical Act, 1894-1952, Vol. 6 of the Reprinted Acts, 1954, s. 19(1).]

'mental health hospital' means—

(a) a hospital referred to in section 19(1)(c);

(b) an in-patient unit referred to in section 19(1)(d); or

(c) a geriatric centre referred to in section 19(1)(e),

of the Mental Health Act 1962;

[Inserted by No. 21 of 1985.]

'public hospital' has the same meaning as in section 2 of the Hospitals Act 1927, and includes—

[Cf. No. 23 of 1927, s. 2, as amended.]

(a) a hospital established under Part X of the Health Act 1911; and

[Amended by No. 21 of 1985.]

(b) an approved hospital under section 10 of the Mental Health Act 1981.

[Cf. No. 15 of 1903 reprinted as amended in the appendix of the Sessional Volume for 1920 and as further amended. Cf. No. 9 of 1917, as amended. Cf. No. 13 of 1927, as amended. Cf. No. 52 of 1981, s. 27, as amended.]

'Senate' means the Senate constituted pursuant to the University of Western Australia Act 1911;

[Cf. No. 37 of 1911, s. 8, as amended.]

'teaching hospital' means a public hospital which

(a) has been declared under section 3(1); and

(b) has not ceased by reason of a declaration made under section 3(2),

to be a teaching hospital to which the provisions of this Act apply.

[Amended by No. 21 of 1985, s. 2.]

Declaration of Teaching Hospitals

3.(1) Where the Senate is of opinion that a public hospital is suitable for the teaching of medicine, the Senate may give written notification to that effect to the Minister who shall, as soon after receiving it as is practicable, present the notification to the Governor who may by proclamation declare the public hospital to be a teaching hospital to which the provisions of this Act apply.

[Cf. No. 30 of 1918, s. 4, as to proclamation. Amended by No. 21 of 1985, s. 3.]

(2) If the Senate is of opinion that a public hospital that is declared to be a teaching hospital under subsection (1) should no longer be a teaching hospital to which the provisions of this Act apply, the Senate shall give written notification to that effect to the Minister who shall, as soon after receiving it as is practicable, present that notification to the Governor who may by proclamation declare that that public hospital ceases with effect from the date specified in that proclamation to be a teaching hospital to which the provisions of this Act apply.

[Inserted by No. 21 of 1986.]

(3) The Minister may, if the name of a public hospital that is declared to be a teaching hospital under subsection (1) (in this subsection called 'the public hospital name') has been changed, recommend to the Governor that the name of the teaching hospital (in this subsection called 'the teaching hospital name') be changed to accord with the public hospital name as changed, and the Governor may by proclamation change the teaching hospital name in accordance with that recommendation with effect from the date specified in that proclamation, being a date not earlier than the date on which the change to the public hospital name to which that recommendation relates took place.

(4) The identity and rights and obligations of a teaching hospital the name of which is changed under subsection (3) are not affected by that change and a reference to that teaching hospital as a teaching hospital in a written law or a document or instrument by its name as it was prior to that change shall be construed as a reference to that teaching hospital by its name as so changed.

Power of managing body or Minister to enter into agreement with Senate

4. Subject to subsection (2) and to section 5—

(a) if a teaching hospital has a managing body, its managing body; or

(b) if a teaching hospital does not have a managing body, the Minister,

may

(c) enter into an agreement with the Senate in relation to—

(i) the provision in the teaching hospital of facilities for research and for the teaching of medicine, including the use of land under the control of the teaching hospital and the erection of buildings thereon;

(ii) the admission of medical students to the practice, referred to in that agreement, of the teaching hospital;

(iii) except in the case of a teaching hospital which is on the reserve within the meaning of the Queen Elizabeth II Medical Centre Act 1966, the formation of an electoral committee for the teaching hospital charged with the responsibility of making recommendations to the managing body of the teaching hospital or the Minister, as the case requires, concerning the appointment of persons who are concerned with teaching duties to the consultant clinical staff of the teaching hospital;

(iv) the making of arrangements whereby—

(A) members of the medical staff of the Faculty of Medicine of; and

(B) other staff of, or persons nominated by

The University of Western Australia who are recommended by:

(C) the electoral committee of the teaching hospital referred to in sub-paragraph (iii); or

(D) in the case of a teaching hospital which is on the reserve within the meaning of the Queen Elizabeth II Medical Centre Act 1966, the appointments committee of that teaching hospital referred to in section 16 of that Act,

may practise within the teaching hospital and participate in the teaching of medical students; and

(v) any other matter necessary or convenient for the establishment or carrying on of the research, practice and teaching function, referred to in that agreement, of the teaching hospital;

and

(d) make by-laws—

(i) regulating the admission, duties and discipline of medical students; and

(ii) fixing clinical fees for medical students admitted to the practice of the teaching hospital.

(2) The managing body of a teaching hospital shall not without the prior approval of the Minister enter into an agreement under subsection (1) in relation to the provision in the teaching hospital of facilities for research or for the teaching of medicine, being facilities which consist of:

(a) the use of land under the control of the teaching hospital or the erection of buildings thereon; or

(b) the acquisition of equipment of a type (however described or identified) or of more than a value, or of both—

(i) determined by the Minister; and

(ii) notified in writing to that managing body.

[Amended by No. 21 of 1985, s. 4.]

Advisory Committees to advise Minister

5.(1) Where in respect of a teaching hospital for which there is not a managing body the Minister proposes exercising any power conferred upon him under section 4, the Minister shall before exercising the power, give written notification of the proposal to the appropriate Advisory Committee mentioned in subsection (2) or (3), and consider the advice of the committee on the proposal.

[Amended by No. 28 of 1984, s. 99; No. 21 of 1985, s. 5.]

(2) If the teaching hospital is an approved hospital under section 10 of the Mental Health Act 1981 the Advisory Committee shall consist of:

(a) a person nominated by the Senate;

(b) a person nominated by the Faculty of Medicine of The University of Western Australia;

(c) the Director of Mental Health Services or a person nominated by him; and

(d) a medical practitioner nominated by the Minister to whom the administration of the Mental Health Act 1981 is committed.

[Amended by No. 52 of 1981, s. 28; No. 21 of 1985, s. 5.]

(3) If a teaching hospital referred to in subsection (1) is not a mental health hospital, the Advisory Committee shall consist of:

(a) a person nominated by the Senate;

(b) a person well versed in hospital administration (not being a medical practitioner) nominated by the Minister;

(c) a person nominated by the Faculty of Medicine of The University of Western Australia;

(d) the Executive Director, Personal Health Services, in the department of the Public Service of the State principally assisting the Minister charged with the administration of the Hospitals Act 1927 or a person nominated by him; and

(e) a medical practitioner nominated by the Minister.

(4) The Advisory Committee shall, as soon as is practicable after receiving notification of the proposal from the Minister, consider the proposal and give to the Minister a written report of their advice on the proposal.

(5) The Minister may request the advice of the appropriate Advisory Committee on any other matter related to the provisions or operations of this Act and thereupon the committee shall consider the matter and give to the Minister a written report of their advice upon it.

Provisions as to Advisory Committees

6. The members of the respective Advisory Committees—

(a) are entitled to such remuneration, leave of absence, travelling and other allowances as are prescribed by the regulations;

(b) shall keep proper minutes of their proceedings and cause the minutes to be available for inspection by the Minister or any person nominated by him; and

(c) may—

(i) appoint deputies to act for them when they are unable to act;

(ii) convene meetings;

(iii) appoint their chairman;

(iv) fix a quorum;

(v) determine voting rights; and

(vi) otherwise regulate their proceedings

in such manner as they think fit, or if regulations relating to those matters or any of them are made, in accordance with the regulations.

Regulations

7. The Governor may make such regulations as are required, or as appear to him to be necessary or convenient for effecting the operation and purposes of this Act.

Queen Elizabeth II Medical Centre Act 1966

No. 54 of 1966

As amended by Acts:

No. 72 of 1973, assented to 6 December 1973;

No. 2 of 1976, assented to 25 May 1976;

No. 6 of 1977, assented to 30 September 1977;

No. 59 of 1985, assented to 5 September 1985;

No. 98 of 1985, assented to 4 December 1985;

No. 31 of 1991, assented to 23 November 1991.

AN ACT to enable a Medical Centre to be established at Hollywood by reserving certain lands therefor and constituting a body corporate for the development, management and control of those lands and for incidental and other purposes

[Assented to 5 December 1966]

 

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the Queen Elizabeth II Medical Centre Act 1966.

[Amended by No. 72 of 1973, s. 1(3); No. 2 of 1976, s. 1(3); No. 6 of 1977, s. 1(3).]

Commencement

2. This Act shall come into operation on a date to be fixed by proclamation.

Interpretation

3.(1) In this Act, unless the contrary intention appears—

'medical centre' includes the aggregate of any medical school, hospital and other place whatsoever built on the reserve wherein any form of diagnostic, therapeutic or rehabilitative treatment of patients is performed or given or medical education and research carried out and all clinics, dispensaries, outpatient departments, services, offices and undertakings maintained on the reserve in connection with or incidental to any such medical school, hospital or place;

'medical education' includes the instruction of medical and dental students, nurses and students of any services ancillary to medical or dental treatment;

'member' means member of the Trust;

'Schedule' means the Schedule to this Act;

'the reserve' means the land reserved to Her Majesty pursuant to section 6 of this Act as The Queen Elizabeth II Medical Centre Reserve;

'the Senate' means the Senate constituted pursuant to the University of Western Australia Act 1911;

'the Trust' means the body corporate constituted under this Act as The Queen Elizabeth Medical Centre Trust.

(a) For the purposes of this Act the term 'medical centre' in subsection (1) is deemed to include such facilities as are, in the opinion of the Trust, necessary and convenient for the purposes of enabling a coroner under the Coroners Act 1920 to exercise the jurisdiction of a coroner under that Act.

[Inserted by No. 31 of 1991.]

(2) A reference to the Perth Medical Centre Reserve, whether by use of that name or a similar or abbreviated form of that name, in any Act, regulation, rule, by-law, proclamation, Order in Council, instrument, contract, or document shall, unless the context is such that it would be incorrect or inappropriate to do so, be read and construed as a reference to The Queen Elizabeth II Medical Centre Reserve.

[Inserted by No. 6 of 1977, s. 3.]

(3) A reference to the Perth Medical Centre Trust, whether by use of that name or a similar or abbreviated form of that name, in any Act, regulation, rule, by-law, proclamation, Order in Council, instrument, contract, or document shall, unless the context is such that it would be incorrect or inappropriate to do so, be read and construed as a reference to The Queen Elizabeth II Medical Centre Trust.

[Inserted by No. 6 of 1977, s. 3]

[Amended by No. 6 of 1977, s. 3.]

Vesting of land

4.(1) On the coming into operation of this Act, the land described in Part I of the Schedule is hereby—

(a) revested in Her Majesty as of Her former estate; and

(b) removed from the operation of the Transfer of Land Act 1893.

(2)(a) The Governor may, on the recommendation of the Trust and the Senate, by Order in Council published in the Gazette, revest in Her Majesty, as of Her former estate, the land described in Part II of the Schedule.

(b) On the publication of the Order in Council in the Gazette, the land shall thereupon be removed from the operation of the Transfer of Land Act 1893.

Excision of certain land for drainage purposes

5.The Governor may by Order in Council published in the Gazette, excise from the land described in Part I of the Schedule an area not exceeding three hectares and may deal with, and dispose of, the land so excised for the purpose of drainage or roads, or both drainage and roads.

 [Amended by No. 2 of 1976, s. 2]

Creation of reserve

6.(1) The land described in Part I of the Schedule, less so much of it as may be excised pursuant to section 5, is hereby reserved for the purpose of establishing and maintaining thereon a medical centre and is classified as of Class 'A' and shall be known as The Queen Elizabeth II Medical Centre Reserve.

(2) The land described in Part II of the Schedule shall, if and when revested pursuant to section 4(2), be included in, and form part of, the reserve created under subsection (1).

(3) Subject to this section, the land reserved pursuant to this section shall forever remain dedicated to the purpose for which it was so reserved, until by an Act it is otherwise enacted.

[Cf. s. 31(1) Act No. 37 of 1933]

[Amended by No. 6 of 1977, s. 4.]

Constitution of the Queen Elizabeth II Medical Centre Trust

7.(1) For the purposes of this Act there shall be a body constituted as provided in this section.

(2) The body corporate hitherto constituted under this Act by the name 'Perth Medical Centre Trust' is preserved and continues in existence as a body corporate under and subject to the provisions of this Act by the name 'The Queen Elizabeth II Medical Centre Trust', but so that the corporate identity of the body corporate and its rights and obligations are not affected.

[Repealed and re-enacted by No. 6 of 1977, s. 5]

(3) The Trust shall consist of five members of whom—

(a) one shall be a person appointed by the Governor on the written nomination of the Minister and the Senate, to hold office during the Governor's pleasure;

(b) two shall be persons appointed by the Governor on the written nomination of the Minister to hold office during the Governor's pleasure; and

(c) two persons shall be appointed by the Senate, to hold office during its pleasure.

 [Vide s. 8 Act No. 34 of 1911. Amended by No. 6 of 1977, s. 5; No. 59 of 1985, s. 3.]

Chairman and Vice-Chairman of the Trust

(4)(a) The member appointed pursuant to subsection (3)(a) shall be the Chairman of the Trust and another member shall be appointed Vice-Chairman thereof by the members from time to time.

(b) The Vice-Chairman shall hold office of Vice-Chairman, subject to subsection (3), for a period of two years.

(5) The Trust—

(a) is a body corporate, with perpetual succession;

(b) shall have a common seal;

(c) is capable, subject to section 13 of this Act, of acquiring, holding and disposing of real and personal property and of suing and being sued in its corporate name.

(6) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Trust affixed to a document and shall presume that it was duly affixed.

Quorum

8.(1) Four members shall constitute a quorum for the transaction of the business of any meeting of the Trust.

(2) The Trust may function notwithstanding any vacancy in its membership, so long as a quorum remains.

Vacancies

9.(1) When a vacancy occurs in the office of member, the vacancy shall be filled by the appointment of a person to be a member, who shall be appointed in the same manner as the member in whose place he is appointed.

(2) Where a member is absent on extended leave of more than one month, if the member was appointed by—

(a) the Governor, he may appoint, on receipt of a similar written nomination as is required under section 7(3) in the case of the appointment of the member, a deputy to act in the place of that member during his absence on leave; or

(b) the Senate, it may appoint a deputy to so act during the absence on leave of the member.

(3) Any deputy of a member while acting as such has all the powers and shall perform all the duties of the member for whom he is acting as deputy.

Meetings of the Trust

10.(1) The Chairman of the Trust or if, for any reason, the Chairman is unable to act, the Vice-Chairman—

(a) shall convene such meetings of the Trust as he considers necessary for the efficient conduct of its business; and

(b) shall, on receipt of a written request by not less than two members, convene a meeting of the Trust.

(2) The Chairman of the Trust shall preside at all meetings of the Trust at which he is present.

(3) In the event of the absence of the Chairman from a meeting of the Trust, the Vice-Chairman shall preside at that meeting.

(4) All questions arising at a meeting of the Trust shall be decided by a majority of the votes of the members present and voting, and for this purpose the member presiding at the meeting has a deliberative vote.

(5) In the event of an equality of votes on a resolution proposed at a meeting of the Trust, the member presiding at that meeting has a casting vote as well as a deliberative vote.

(6) Subject to this Act, the Trust shall regulate its own procedure.

Use of common seal

11. The common seal of the Trust shall not be affixed to any document except at a meeting of the Trust and the execution of any document so sealed shall be attested by two members.

Delegation

12.(1) The Trust may, either generally or in relation to a matter or class of matters, by writing under its seal, delegate to a committee of members and other persons, any of its powers under this Act, except this power of delegation.

(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.

(3) A delegation under this section is revocable at will and no delegation prevents the exercise of any power by the Trust.

[Amended by No. 72 of 1973, s. 2.]

Functions of the Trust

13.(1) Subject to this section, the functions of the Trust are to undertake the development, control and management of the reserve before and after the establishment thereon of a medical centre.

(2) Subject to this section, the Trust has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions and the exercise of its powers under this Act.

(2a) The Trust may by instrument published in the Gazette set aside, without the consent of the Governor but with the approval of the Minister, land being the whole or any part of the reserve (in this section called 'the site') for such purposes incidental to the medical centre as it thinks fit and, subject to this section, delegate in respect of the site to any person specified in that instrument (in this section called 'the delegate') all or any of its powers under this Act, other than—

(a) this power of delegation;

(b) the power to borrow money conferred on the Trust by subsection (3); and

(c) the power to lease, mortgage, charge or otherwise deal with any land forming part of the reserve conferred on the Trust by subsection (6).

(2b) The Trust shall not without the prior consent of the person concerned make a delegation under subsection (2a) to that person or amend such a delegation.

(2c) Every instrument made under subsection (2a) and every instrument amending or revoking the delegation concerned shall come into operation on the day specified therein, not being a day prior to the day on which that instrument is published in the Gazette.

(2d) Notwithstanding that the Trust has, under subsection (2a), delegated any powers referred to in that subsection in respect of the site, the Trust may give directions with respect to any development of the site which the delegate proposes to undertake in the exercise of any power delegated under that subsection, and the delegate shall give effect to any such direction.

(2e) Whilst a setting aside and delegation under subsection (2a) are in force, the delegate—

(a) shall for the purposes for which the site was set aside have all the powers delegated to the delegate under that subsection in respect of the site as if those powers had been conferred on the delegate by this Act; and

(b) if the delegate has power under another Act to make regulations or by-laws, may with the approval of the Governor given on the recommendation of the Trust make regulations or by-laws, as the case requires, under this subsection in respect of the site for all or any of the purposes for which the Trust may under section 20 make by-laws, including prescribing a fee for the use of the site for the purpose specified in the relevant instrument of delegation, as if references in that section to the Trust were references to the delegate, and section 20 shall apply to regulations or by-laws made under this subsection as if those regulations or by-laws were by-laws made under that section.

(2f) The delegate may require any person using the site to pay to the delegate a fee for any service provided on or in respect of the site by the delegate under any power delegated under subsection (2a).

(2g) The delegate shall pay any moneys—

(a) derived from the development, control and management of any land in respect of which the delegate exercises powers delegated under subsection (2a), including any moneys received in respect of penalties or modified penalties;

(b) received by way of fees paid—

(i) under regulations or by-laws made under subsection (2e)(b); or

(ii) in compliance with a requirement made under subsection (2f);

(c) granted or lent to the delegate under subsection (2k);

(d) if the delegate is the board of the Sir Charles Gairdner Hospital, deemed to have been paid lawfully to or received lawfully by that board by virtue of section 9(1) of the Queen Elizabeth II Medical Centre Amendment Act 1985 and not applied within the meaning of section 9(2)(b) of that Act; or

(e) other than moneys referred to in paragraphs (a), (b), (c) or (d), lawfully received by, made available to or payable to the delegate,

into an account opened and maintained by the delegate in the name of the delegate followed by '(as delegate of The Queen Elizabeth II Medical Centre Trust)' at a bank approved by the Treasurer, and may invest temporarily any moneys standing to the credit of that account in such manner and in such categories of investment as are approved by the Treasurer until those moneys are required for use in accordance with subsection (2h).

(2h) The delegate may use any moneys in the account maintained under subsection (2g), including interest derived from the investment of moneys under that sub-section—

(a) for the development, control and management of the site for any purpose for which the site was set aside;

(b) in the exercise of any power delegated to it under subsection (2a); or

(c) for the repayment of any moneys lent to the delegate under subsection (2k) and for the payment of any interest or charges payable in respect of that lending.

(2i) The delegate shall as soon as possible after 30 June in each year furnish to the Trust—

(a) a report relating to the exercise during the year ended on that date by the delegate of the powers delegated to or conferred on the delegate by the Trust or by this section, as the case requires; and

(b) such accounts, duly audited, as the Trust requires.

(2j) For the purposes of subsections (2a) to (2h), a reference to a purpose shall be construed as including anything that is incidental to that purpose.

(2k) The Trust may for the purpose of enabling the exercise of any power delegated under subsection (2a) make a grant of, or lend, moneys to the delegate on such terms and conditions as it thinks fit.

(2l) On the revocation of a delegation made under subsection (2a)—

(a) all personal property and every right or interest therein that immediately before that revocation was vested in the person to whom that delegation was made (in this subsection called 'the former delegate') in his capacity as the former delegate shall without any transfer or assignment pass to and become vested in the Trust;

(b) all rights, liabilities and obligations of the former delegate in his capacity as the former delegate that were in existence immediately before that revocation shall devolve on the Trust;

(c) all contracts, agreements and undertakings made by and with the former delegate in his capacity as the former delegate and having effect immediately before that revocation shall have effect as contracts, agreements and undertakings made by and with the Trust and may be enforced by or against the Trust accordingly;

(d) any legal or other proceedings or any remedies that might, but for that revocation, have been commenced or continued or available by or against or to the former delegate in his capacity as the former delegate may be commenced or continued, or shall be available, by or against or to the Trust, as the case requires;

and

(e) a reference to the former delegate in his capacity as the former delegate in—

(i) a written law in force; or

(ii) a document in existence,

immediately before that revocation shall for the purposes of this subsection be construed as a reference to the Trust.

(2m) The funds available for the purpose of enabling the Trust to perform its functions under this Act consist of:

(a) all moneys received by the Trust from performing those functions;

(b) all moneys borrowed by the Trust under subsection (3);

(c) the sums and funds referred to in subsection (5);

(d) the proceeds, and income from any investment of the proceeds, referred to in subsection (7);

(e) any rents derived from land leased by the Trust; and

(f) any other moneys lawfully received by, made available to or payable to the Trust.

(2n) The funds referred to in subsection (2m) shall be paid into and placed to the credit of an account at a bank approved by the Treasurer to be known as the Queen Elizabeth II Medical Centre Trust Account.

(2o) There shall be paid from the moneys from time to time in the account referred to in subsection (2n)—

(a) interest on and repayments of money borrowed by the Trust under subsection (3);

(b) grants or loans of moneys made under subsection (2k); and

(c) all other expenditure lawfully incurred by the Trust in the performance of its functions under this Act.

[Inserted by No. 59 of 1985.]

(3)(a) The Trust is empowered with the approval of the Governor to borrow money on such terms and conditions as the Treasurer approves for the purposes of giving effect to this Act.

(b) The Treasurer on behalf of the State is authorised to guarantee, on such terms and conditions as he thinks fit, repayment of any money borrowed by the Trust under this subsection and the payment of interest thereon.

(4) The Treasurer shall cause any money required for fulfilling any guarantee given by him pursuant to this section, to be paid out of the Consolidated Revenue Fund which is hereby to the necessary extent appropriated accordingly, and the Treasurer shall cause any sums received or recovered by him from the Trust or otherwise in respect of a sum so paid by the Treasurer to be paid into the Consolidated Revenue Fund.

[Amended by No. 98 of 1985, s. 3.]

(5) The Trust is empowered to employ in developing, controlling and managing the reserve any sums provided for those purposes by Parliament and any funds arising from profits, fees, penalties or otherwise, coming to the hands of the Trust in the course of developing, controlling and managing the reserve.

(6) Subject to subsection (2a) the Trust shall not sell or, without the consent of the Governor, lease, mortgage, charge or otherwise deal with any land forming part of the reserve; but may, with such consent, from time to time, lease for a term not exceeding 99 years, mortgage, charge or grant easements over or under, any part of the reserve.

[Amended by No. 59 of 1985.]

(7) The Trust—

(a) may accept any gift, devise or bequest of any property and may, subject to any trusts relating thereto apply the proceeds of the property in such manner as the Trust thinks fit in or towards the improvement of the medical centre or the extension of the objects for which it is established; or

(b) may invest the proceeds in any of the investments set out in section 16 of the Trustees Act 1962, and the income of such investments shall be appropriated and used for the purposes of the medical centre.

[Amended by No. 59 of 1985.]

Additional land for Perth Medical Centre reserve

13A.(1) The Governor may, on the recommendation of the Trust, by Order in Council published in the Gazette reserve for the purposes of the medical centre being established on the reserve any land specified in the Order in Council being land which has, from time to time, been acquired whether by purchase or otherwise, by the Trust.

(2) On the publication of the Order in Council in the Gazette the land specified in the Order shall be —

(a) revested in Her Majesty as of Her former estate;

(b) removed from the operation of the Transfer of Land Act 1893;

(c) included in and form part of the reserve and shall remain dedicated to the purpose for which it was so reserved, until by an Act it is otherwise enacted.

[Cf. No. 37 of 1933, s. 31(1).]

[Added by No. 72 of 1973, s. 3.]

Officers and employees

14.(1) The Trust may, on such terms and conditions of service or employment as the Trust may duly determine, appoint a Secretary to the Trust or engage such employees as it thinks necessary for the purposes of this Act.

(2) All persons so appointed or engaged shall hold their offices and continue in their employment during the pleasure of the Trust.

Application of Financial Administration and Audit Act 1985

15.(1) The provisions of the Financial Administration and Audit Act 1985 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Trust and its operations.

(2) A copy of the annual report of the Trust shall be furnished to the Senate at the same time as it is submitted to the Minister.

[Repealed and re-enacted by No. 98 of 1985, s. 3.]

Teaching hospitals on reserve

16.(1) Notwithstanding the provisions of any other Act, each hospital on the reserve that under the University Medical School, Teaching Hospitals, Act 1955, is declared to be a teaching hospital, or is a teaching hospital within the meaning of the interpretation of that term in section 2 of that Act, shall have a managing body.

(2) Such a managing body as is referred to in subsection (1) shall be so constituted or reconstituted that not less than one-fifth of its members are persons nominated as such members by the Senate.

(3) Each hospital on the reserve that is, or is so declared, a teaching hospital shall have a committee known as 'The Appointments Committee' which shall be charged with the duty of nominating persons for appointment by the managing body of that hospital to the medical staff thereof.

(4) Subject to subsection (5a), each Appointments Committee of a teaching hospital shall consist of seven members of whom—

(a) one shall be the chairman for the time being of the managing body of the teaching hospital, and he shall be Chairman of The Appointments Committee;

(b) three shall be persons appointed by that managing body of the teaching hospital; and

(c) three shall be persons appointed by the Senate and of those three persons one at least shall be a member of the Faculty of Medicine at The University of Western Australia.

[Amended by No. 59 of 1985.]

(4a) Each of the persons referred to in subsection (4)(b) and (c) shall be a person who is a medical practitioner within the meaning of section three of the Medical Act 1894.

[Amended by No. 59 of 1985.]

(5) Each member of The Appointments Committee, except for the member referred to in subsection (4)(a) or a member co-opted under subsection (5a), shall be appointed for a period of three years.

[Amended by No. 59 of 1985.]

(5a) An Appointments Committee may, for the purpose of considering the appointment to an office on the medical staff of the teaching hospital of the Appointments Committee of a person who holds or is to be appointed to an office on the medical staff of a hospital other than that teaching hospital, co-opt a representative of that other hospital to be a member of The Appointments Committee for the duration of the whole or any part of the meeting of The Appointments Committee at which that consideration is to take place.

[Inserted by No. 59 of 1985.]

(6) The provisions of sections 8, 9 and 10 of this Act apply with such modifications as circumstances require, to an Appointments Committee as though it were the Trust, but a written request of not less than three members shall be required to call a meeting of the Appointments Committee under section 10.

(7) One of the members of an Appointments Committee shall be appointed the Vice-Chairman thereof by those members from time to time.

(8) In this section—

'managing body' has the meaning given by section 2 of the University Medical School, Teaching Hospitals, Act 1955.

[Inserted by No. 59 of 1985, s. 6.]

Indemnity

17. No action, claim or demand lies, or shall be commenced or allowed, by or in favour of any person against any member or in respect of any act, matter or thing done by any member in good faith in the exercise or purported exercise of any powers or functions under this Act or for the purpose of giving effect to the provisions or objects of this Act.

Power of Senate to apply fees and other money to reserve

18. Notwithstanding section 38 of the University of Western Australia Act 1911, the Senate may apply fees or other moneys for or towards the purposes of the reserve.

Saving

19.(1) Nothing in this Act, except as provided therein, affects or prejudices the provisions of the University of Western Australia Act 1911, the University Medical School, Teaching Hospitals, Act 1955, the Hospitals Act 1927, or the Cancer Council of Western Australia Act 1958.

(2) The Parks and Reserves Act 1895 does not apply to the reserve.

By-laws

20.(1) The Trust may, with the approval of the Governor, make by-laws providing for all matters affecting the development, control, management and good government of the reserve and the fulfilment of the purposes thereof and in particular for or in relation to—

(a) keeping accounts of the receipts and expenditure of the Trust;

(b) the conduct of persons frequenting the reserve;

(c) preventing trespass upon the reserve.

[Amended by No. 59 of 1985.]

(1a) Without limiting the generality of subsection (1), the Trust may, with the approval of the Governor, make by-laws regulating or prohibiting—

(a) pedestrian traffic; and

(b) the driving, use, standing or parking of vehicles on the reserve or any part thereof,

and regulating the control, supervision and management of parking or standing areas, and in particular—

(c) prescribing fees payable to the Trust by a person using, or in respect of a vehicle occupying, a parking or standing area and exempting any person or vehicle or class of person or class of vehicle from paying all or any of those fees;

(d) providing for the sale of tickets, whether by means of vending machines or otherwise, entitling the holders of those tickets to park vehicles in parking areas or elsewhere within the reserve and for such periods and under such other terms and conditions as are specified;

(e) providing for the issue of permits, whether on application to a specified person or otherwise, entitling the holders of those permits to park vehicles in parking areas or elsewhere in the reserve and for such periods and on such other terms and conditions as are specified, and for the circumstances in which any such permit may be amended, suspended or revoked by a specified person;

(f) prescribing the manner in which tickets referred to in paragraph (d) and permits referred to in paragraph (e) are to be displayed, and the respective forms of those tickets and permits;

(g) prescribing the terms and conditions under which and the period or periods of time during which a parking or standing area may be used or occupied;

(h) providing for the protection of parking and standing areas and all equipment pertaining to them against misuse, damage, interference or attempted interference by any person;

(i) regulating the parking and standing of vehicles in any parking or standing area and prohibiting any person from parking or standing any vehicle in a parking area or standing area otherwise than in accordance with by-laws made under this subsection;

(j) requiring persons in charge of vehicles or animals within the reserve to obey the orders and directions of specified persons or members of specified classes of persons given for the purpose of controlling traffic;

(k) providing for the display, erection or marking of signs for the purposes of by-laws made under this subsection;

(l) prohibiting, or empowering the Secretary to the Trust or any other specified person by the display, erection or marking of a sign referred to in paragraph (k) to prohibit—

(i) the use of a parking area for a purpose other than a specified purpose; or

(ii) the parking of a vehicle in a parking area by a person other than a specified person or a member of a specified class of persons;

(m) exempting, or empowering the Secretary to the Trust or any other specified person to exempt, any person or vehicle or class of person or class of vehicle from complying with any by-law made under this subsection prohibiting or restricting the parking or standing of vehicles generally or otherwise;

(n) prescribing the method and means by which any charges or modified penalties prescribed by any by-law made under this subsection may or shall be paid and collected or recovered;

(o) prescribing the circumstances under which an officer or servant of the Trust may remove a vehicle or cause it to be removed from a parking or standing area or from any other area within the reserve to a specified place, whether within the reserve or not, prescribing his further powers in relation thereto, prescribing the scale of fees to be paid to the Trust to recover the vehicle from that place, and authorising the Trust to hold the vehicle until the prescribed fees are paid to the Trust;

(p) prohibiting the driving of vehicles in any part of the reserve at a speed in excess of that specified in respect of that part of a by-law made under this subsection or by any sign referred to in paragraph (k);

(q) prescribing, in respect of an alleged offence against any by-law made under this subsection, the circumstances under which the owner of a vehicle is deemed to be the driver or person in charge of the vehicle at the time of that alleged offence;

(r) prescribing the period of time within which a person, after being served with notice of an offence alleged to have been committed by him against any by-law made under this subsection, may pay to the Trust the modified penalty prescribed for that offence, and the period within which a modified penalty is payable after receipt of notice;

(s) prescribing the method of notifying a person alleged to have committed an offence against any by-law made under this subsection of that alleged offence and how it may or shall be dealt with and prohibiting the removal by any person other than the driver of a vehicle in respect of which an offence against such a by-law is alleged to have been committed of any notice relating to that offence affixed to the vehicle or left in or on the vehicle by an officer or servant of the Trust;

(t) prescribing a modified penalty not exceeding $50 payable to the Trust by a person or one of a class of persons who does not contest an allegation that he committed a specified offence against a by-law made under this subsection and providing that the due payment of a modified penalty is a defence to a charge of the offence in respect of which that modified penalty was paid.

(1b) In subsection (1a)—

'specified' means specified in by-laws made under that subsection.

(1c) Notwithstanding anything in subsection (1a), a person specified in by-laws made under that subsection who considers that an alleged specified offence against those by-laws cannot adequately be punished by the payment of a modified penalty may cause payment of a modified penalty in respect of that offence not to be accepted and may cause proceedings to be taken against the alleged offender in respect of that offence.

(1d) Without limiting the generality of subsection (1), the Trust may, with the approval of the Governor, make by-laws enabling—

(a) control measures to be taken with respect to vandalism, ingress, egress, security, trespass, hawkers, vending machines, the presence of animals and bill posting;

(b) the provision of pathways, roadways, kerbing, signs, landscaping, lighting, sewerage and drainage;

(c) the maintenance of gardens, grounds and equipment; and

(d) the removal of litter and refuse,

in, to or from, as the case requires, the reserve.

(1e) A by-law made under this section does not take away, restrict or otherwise affect any liability, civil or criminal, arising at common law or under any written law other than this Act.

[Inserted by No. 59 of 1985.]

(2) The Trust may, by by-law, impose a penalty of $50 for any breach of the by-laws made under this section.

[Amended by No. 59 of 1985.]

(3) Notwithstanding any other Act but subject to this Act, all pecuniary penalties imposed for offences against the by-laws shall, when paid, go to the use of the Trust for the purposes of this Act.

[Amended by No. 6 of 1977, s. 6. Amended by No. 59 of 1985.]

(4) Proceedings for an offence against the by-laws may be taken on behalf of the Trust by any person specified in the by-laws for the purpose in the name of the Trust and any such person taking those proceedings shall be reimbursed out of the funds of the Trust for all damages or reasonable expenses which he may incur or for which he may become liable by reason of taking those proceedings.

[Inserted by No. 59 of 1985.]

Review of Act

21.(1) The Minister shall carry out a review of the operation and effectiveness of this Act as soon as practicable after 1 January 1991 and after the end of each successive period of five years calculated from that date, and in the course of that review the Minister shall consider and have regard to—

(a) the attainment of the object of this Act;

(b) the administration of this Act;

(c) the effectiveness of the operations of the Trust and of each committee referred to in section 12, each delegate under section 13, each managing body referred to in section 16 and each Appointments Committee referred to in section 16;

(d) the need for the continuation of the Trust and each committee, delegate, managing body and Appointments Committee referred to in paragraph (c); and

(e) such matters, other than those referred to in paragraphs (a) to (d), as appear to the Minister to be relevant.

(2) The Minister shall prepare a report based on the review referred to in subsection (1) and shall, as soon as is practicable after its preparation, cause that report to be laid before each House of Parliament.

[Inserted by No. 59 of 1985, s. 8.]

THE SCHEDULE

PART I

1. Swan Location 652, being the whole of the land comprised in Certificate of Title Volume 1234, Folio 116.

2. Portion of Swan Location 1715, being the whole of the land comprised in Certificate of Title Volume 1109, Folio 771, less the land comprised in Swan Locations 8697, 8698 and 8699; and

3. Portion of Swan Location 1715, being the whole of the land comprised in Certificate of Title Volume 1174, Folio 745.

[Amended by No. 72 of 1973, s. 4(1). Effective from 12 September 1968.]

PART II

Portion of Swan Location 1715 being the land comprised in Swan Locations 8697, 8698 and 8699 being the balance of the land comprised in Certificate of Title Volume 1109, Folio 771.

Western Australian Post-Secondary Education Commission Act 1970

No. 84 of 1970 as amended by No. 90 of 1972, No. 28 of 1976, No. 110 of 1979 and No. 98 of 1985

AN ACT to establish the West Australian Post-Secondary Education Commission

[Assented to 30 November 1970]

 

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Western Australian Post-Secondary Education Commission Act 1970.

Commencement

2. This Act shall come into operation on a date to be fixed by proclamation.

Arrangement

3. The arrangement of this Act is as follows:

PART I—PRELIMINARY, SS. 1–4.

PART II—THE WESTERN AUSTRALIAN POST-SECONDARY EDUCATION COMMISSION, SS. 5–25.

Division 1—Establishment and Constitution of the Commission, ss. 5–11.

Division 2—Functions, Powers and Duties of the Commission, ss. 12–14B.

Division 3—Staff, ss. 15–19.

Division 4—Financial Provisions, ss. 20–22.

Division 5—Miscellaneous Provisions, ss. 23–25.

Interpretation

4. In this Act unless the contrary intention appears—

'Chairman' means Chairman of the Commission and includes Acting Chairman;

'member' means member of the Commission and includes acting member;

'section' means a section of this Act;

'post-secondary education' means all those activities that are concerned with people who seek further education beyond the age of compulsory schooling and outside the institutions of secondary education and includes a form of education declared under section 23 to be post-secondary education for the purposes of this Act;

'post-secondary education institution' means an institution providing or proposing to provide courses at post-secondary education level;

'proclaimed date' means the date fixed by proclamation for the coming into operation of the Western Australian Tertiary Education Commission Act Amendment Act 1976;

'the Commission' means the Western Australian Post-Secondary Education Commission established by this Act.

[Amended by No. 28 of 1976, s. 5.]

PART II—THE WESTERN AUSTRALIAN POST-SECONDARY EDUCATION COMMISSION

Division 1—Establishment and Constitution of the Commission

Establishment of Commission

5.(1) On and after the proclaimed date the body corporate hitherto established under this Act and called the 'Western Australian Tertiary Education Commission' is preserved and continues in existence as a body corporate under and subject to the provisions of this Act to be called the 'Western Australian Post-Secondary Education Commission', but so that the corporate identity of the body corporate and its rights and obligations are not affected.

(1a) A reference to the Western Australian Tertiary Education Commission, whether by use of that name or a similar or abbreviated form of that name—

(a) in a law of the State passed or made before the proclaimed date;

(b) in any document or other instrument made, executed, entered into or done before the proclaimed date; or

(c) made before the proclaimed date in any other manner,

shall, unless the context is such that it would be incorrect or inappropriate so to do, be read and construed as a reference to the Western Australian Post-Secondary Education Commission.

(1b) For the purposes of subsection (1a) of this section the term 'law of the State' means—

(a) an Act;

(b) regulations, rules or by-laws having effect by virtue of an Act; and

(c) an instrument having effect by virtue of an Act or of any regulations, rules or by-laws referred to in paragraph (b) of this subsection.

(2) The Commission—

(a) is a body corporate with perpetual succession and shall have a common seal;

(b) is capable, in its corporate name, of acquiring, holding, and disposing of real and personal property and of suing and being sued in that name;

(c) is capable of doing and suffering all such acts and things as bodies corporate may do and suffer; and

(d) has, subject to the Minister, the general administration of this Act.

(3) All courts, judges, and persons acting judicially shall take notice of the seal of the Commission affixed to a document and shall presume that it was duly affixed.

(4) The exercise or performance of the powers or functions of the Commission shall not be affected by reason only of there being a vacancy in the office of a member.

[Amended by No. 28 of 1976, s. 7.]

Constitution of Commission

6.(1) The Commission shall consist of:

(a) a person appointed as Chairman of the Commission who shall also be the chief executive officer of the Commission;

(b) eleven other members being persons selected for their knowledge of and interest in education, community affairs in the city and country, employment problems, or government.

(2) Of the members other than the Chairman not more than four nor less than three shall be persons actively engaged in post-secondary education.

(3) For the purposes of this section and section 6B a person shall be regarded as being actively engaged in post-secondary education if, and only if, he is a member of the staff, whether academic or otherwise, of a post-secondary education institution.

[Repealed and re-enacted by No. 28 of 1976, s. 8 and No. 110 of 1979, s. 4.]

Provisions as to Chairman

6A. The following provisions apply to and in relation to the Chairman, that is to say—

(a) he shall be appointed by the Governor on the recommendation of the Minister for a term not exceeding seven years;

(b) the conditions of his service shall be such as the Governor determines;

(c) he shall be paid such remuneration and allowances as the Governor may from time to time determine;

(d) he may be re-appointed, from time to time at the expiration of a term of office, unless he has been removed from office by the Governor under paragraph (e) of this section;

(e) he may, at any time, be removed from office by the Governor for disability, bankruptcy, neglect of duty or misconduct, or if, without the consent of the Governor, he engages in any other remunerative employment; and

(f) he may at any time resign his office by writing under his hand addressed to the Governor.

Provisions as to appointed members

6B. The following provisions apply to and in relation to the members other than the Chairman, that is to say—

(a) a member shall be appointed by the Governor on the recommendation of the Minister for such term not exceeding four years as is specified in the instrument of his appointment;

(b) subject to paragraph (c) of this section, all members, on the expiration of their term of office, are, unless otherwise disqualified, eligible for re-appointment;

(c) a member who has held office for two successive terms is not thereafter eligible to hold office as a member until the expiry of a period of twelve months from the last day on which he was a member;

(d) the Minister may grant leave of absence to a member upon such terms and conditions as the Minister determines;

(e) the Governor may terminate the appointment of a member for inability, inefficiency, or misbehaviour;

(f) where the appointment of a member is terminated pursuant to paragraph (e) of this section or a member—

(i) becomes permanently incapable of performing his duties as a member;

(ii) resigns his office by writing under his hand addressed to the Minister;

(iii) is an undischarged bankrupt or has his affairs under liquidation by arrangement with his creditors;

(iv) is convicted of an indictable offence; or

(v) becomes actively engaged in post-secondary education when there are already four members actively so engaged,

his office shall become vacant and shall be filled as a casual vacancy under paragraph (g) of this section;

(g) where a casual vacancy occurs in the office of a member the Governor may appoint a person to the vacant office and the person so appointed shall, subject to this Act, hold office as a member for the residue of the term of office of the member whose office has become vacant.

Acting members

7.(1) Where the Minister is satisfied that the Chairman or any other member is incapacitated by illness, absence, or other reasonable cause, from performing the duties of his office, the Minister may appoint a person to be the Acting Chairman to act for the Chairman or an acting member to act for that other member, as the case may be, during his incapacity and that person, while he so acts, shall be deemed to be the Chairman or a member, as the case may be.

(2) The Minister may at any time terminate the appointment of an Acting Chairman or an acting member.

(3) No appointment of an Acting Chairman or an acting member and no act done by him shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

Remuneration

8. Members other than the Chairman shall be paid such remuneration and allowances as the Minister, on the recommendation of the Public Service Board, from time to time determines.

[Repealed and re-enacted by No. 28 of 1976, s. 11.]

9. [Repealed by No. 28 of 1976, s. 12.]

10. [Repealed by No. 28 of 1976, s. 12.]

Meeting of Commission

11.(1) The Commission shall hold such meetings as are necessary for the performance of its functions.

(2) The Minister or the Chairman may at any time convene a meeting of the Commission.

(3) The Chairman shall convene the first meeting of the Commission as soon as practicable after the coming into operation of this Act and shall preside at all meetings of the Commission at which he is present.

(4) Where the Chairman is absent from a meeting of the Commission and an Acting Chairman has not been appointed under section 7, or having been so appointed the Acting Chairman is also absent, the members present at the meeting shall elect a member to preside at that meeting and while so presiding the member has all the powers and duties of the Chairman.

(5) At a meeting of the Commission—

(a) not less than one-half of the total number of members for the time being forms a quorum; and

(b) a question arising at the meeting shall be determined by a majority of the valid votes of the members present.

(6) Subject to this Act and regulations, the Commission may regulate its procedure in such manner as it thinks fit.

Division 2—Functions, Powers and Duties of the Commission

Functions of Commission

12.(1) The Commission shall have the functions set out in subsection (2) of this section and shall perform those functions subject to the Minister and with due regard to the traditional autonomy of universities and to the major role of universities in areas outside the scope of post-secondary education.

(2) The functions of the Commission are—

(a) to assist the Minister, and the Government of the State, in the formation of State views on the promotion, development and co-ordination of post-secondary education and for that purpose to make recommendations to the Minister on those matters, having regard to the needs of the State, the number of students to be provided for, and the financial and other resources available;

(b) to make recommendations to the Minister and where appropriate, the relevant Commonwealth education commissions on the establishment and location of, and the acquisition and reservation of sites for, new post-secondary education institutions;

(c) to advise the relevant Commonwealth education commissions on—

(i) the levels of financial support requested by post-secondary education institutions, or authorities governing such institutions, for the purposes of post-secondary education; and

(ii) requests for a variation from an approved triennial programme of a post-secondary education institution or an authority governing such institutions;

(d) for the purpose of achieving rationalisation of resources and the avoidance of unnecessary duplication, to—

(i) advise the governing authorities of the respective post-secondary education institutions; and

(ii) make recommendations, where appropriate, to the relevant Commonwealth education commissions,

on proposals for the establishment of new post-secondary education courses of study;

(e) to advise the Minister and the governing authorities of the respective post-secondary education institutions on—

(i) the terms and conditions of appointment and employment, including salary payable, of the staff, whether academic or otherwise of those institutions; and

(ii) all claims relating to the terms and conditions referred to in sub-paragraph (i) of this paragraph;

(ea) to advise the governing authorities of the respective post-secondary education institutions on—

(i) the fees to be charged by and paid to those institutions for classes or courses, examinations, and academic awards conferred; and

(ii) the criteria for entrance to those institutions with a view to avoiding multiple examinations and facilitating, where desirable, the movement of students between those institutions;

(f) to determine, when so requested by a post-secondary education institution or an authority governing such institutions, the minimum requirements for new academic awards and to accredit those awards; and

(g) to collaborate, where appropriate, with the relevant State and Commonwealth authorities with regard to the preparation of plans for buildings to be used by post-secondary education institutions, the letting of contracts for the building of such buildings, and the general supervision of building operations in relation to such buildings.

[Repealed and re-enacted by No. 28 of 1976, s. 13.]

Power of the Commission

13. The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions and without limiting the generality of the foregoing may set up committees to investigate and advise the Commission of any aspect of post-secondary education.

[Amended by No. 28 of 1976, s. 14.]

Delegation

13A.(1) The Commission may, by instrument in writing, delegate to any person or persons or committee of persons, either generally or to the extent provided in the instrument of delegation, any of its powers or functions, except this power of delegation, so that the delegated powers and functions may be exercised and performed by the delegate or delegates in accordance with the instrument of delegation.

(2) Every delegation shall be revocable in writing at will, and no delegation shall prevent the Commission from acting on any matter itself.

[Added by No. 110 of 1979, s. 7.]

Duties of the Commission

14. The Commission shall—

(a) consider requests and submissions of education institutions and authorities that relate to the proposals of those institutions and authorities for future developments in post-secondary education;

(b) confer and collaborate, on matters relating to post-secondary education, with educational institutions and authorities and with departments of the Commonwealth and the States of the Commonwealth and other appropriate bodies or instrumentalities of the Commonwealth or the States of the Commonwealth;

(c) constantly review all aspects of post-secondary education and, on its motion or the request of the Minister, make reports thereon;

(d) consult with post-secondary education institutions for the purpose of encouraging, where it is desirable and feasible, the shared use of resources such as expert staff, libraries, computers, laboratories and expensive teaching or research equipment; and

[Amended by No. 98 of 1985.]

(e) promote and undertake research relevant to the planning, development and effective co-ordination of post-secondary education throughout the State.

[Repealed and re-enacted by No. 28 of 1976, s. 15.]

Power to require consultation

14A. The Commission may require any post-secondary education institution to consult with the Commission, or with the Commission and any other post-secondary education institution or institutions, upon any aspect of the affairs of the institution that is relevant to the functions or duties of the Commission, and the institution shall comply with that requirement according to its tenor.

[Added by No. 110 of 1979, s. 8.]

Duty of institution to furnish information

14B.(1) A post-secondary education institution shall—

(a) before making any submission to the Tertiary Education Commission, or any of its agencies, relating to—

(i) the development or financing of the institution;

(ii) the introduction of new courses by the institution, the continuance or discontinuance of existing courses, or any significant change in the nature, duration or content of any existing course; or

(iii) any other significant matter relating to the administration of the institution,

advise the Commission of the proposed submission and, subject to paragraph (b) of subsection (2) of this section, obtain the views of the Commission thereon; and

(b) furnish the Commission with such other information as the Commission may reasonably require for the purpose of performing any of its functions or duties.

(2) Where a post-secondary education institution has advised the Commission of a proposed submission pursuant to paragraph (a) of subsection (1) of this section—

(a) the Commission shall use its best endeavours to examine the proposed submission and convey its views thereon to the institution as soon as practicable;

(b) the institution may make the proposed submission notwithstanding that the Commission has not yet conveyed its views thereon to the institution if—

(i) it is authorised to do so by the Commission; or

(ii) a period of thirty days has elapsed since the Commission was advised of the proposed submission.

(3) In subsection (1) of this section 'the Tertiary Education Commission' means the Commission constituted under the Tertiary Education Commission Act 1977 of the Commonwealth, as amended from time to time, or any other authority constituted under a law of the Commonwealth to take over the functions of that Commission.

[Added by No. 110 of 1979, s. 9.]

Division 3—Staff

Secretary

15. The Governor, on the recommendation of the Commission, shall appoint a person to be the Secretary of the Commission.

[Amended by No. 28 of 1976, s. 16.]

Other officers and employees

16. Subject to this Act, the Commission may appoint such officers or employees as it thinks fit for the purposes of this Act, subject to the approval of the Minister.

Terms and conditions of appointment and employment

17. Subject to any relevant award or industrial agreement in force under the Industrial Arbitration Act 1912, the terms and conditions of appointment and employment of officers or employees of the Commission appointed under section 15 or 16, including the salary payable, are such terms and conditions as the Minister, on the recommendation of the Commission, approves.

[Amended by No. 28 of 1976, s. 17.]

Preservation of rights of officers and employers

18. Where any person appointed to the office of Chairman under section 6 or appointed under section 15 or 16 was, immediately before being so appointed, an officer of the Public Service of the State or an officer appointed under the Education Act 1928—

(a) he retains his existing and accruing rights and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938; and

(b) for the purpose of determining those rights, his service as such an officer shall be taken into account as if it were service with the Commission.

[Amended by No. 28 of 1976, s. 18.]

Power of the Commission to become a department for purposes of Act No. 34 of 1938

19.(1) The Commission shall request that the inclusion of the Commission as a department for the purposes of the Superannuation and Family Benefits Act 1938, be recommended by the Minister to whom the administration of that Act is committed and be approved by the Treasurer.

(2) Where the request of the Commission is so recommended and approved, the Treasurer may—

if the Commission enters into the agreement and makes arrangements, which it is authorised to do, required by the proviso to the interpretation of 'department' in subsection (1) of section 6 of the Superannuation and Family Benefits Act 1938,

approve of the inclusion of the Commission as a department for the purposes of that Act and the Commission shall, for the purposes of the Act only, be deemed to be a department.

(3) An officer or employee of the Commission is not compelled to become a contributor for pension, superannuation, or benefits under an agreement entered into by the Commission pursuant to this section.

Division 4—Financial Provisions

Funds of the Commission

20.(1) The funds available to the Commission for the purpose of enabling it to exercise its functions, powers, and duties under this Act are—

(a) moneys from time to time appropriated by Parliament for that purpose;

(b) moneys received by the Commission by way of gifts, bequests, or otherwise; and

(c) any other moneys made available to the Commission for the purposes of this Act.

(2) The moneys referred to in subsection (1) of this section shall be paid into, and placed to the credit of, an account at the Treasury or at a bank approved by the Treasurer to be called the 'Western Australian Post-Secondary Education Commission Account'.

(3) All expenditure incurred by the Commission for the purposes of giving effect to this Act shall be paid from the account referred to in subsection (2) of this section.

[Amended by No. 28 of 1976, s. 19.]

Power of Commission to invest certain monies

21. Where any money standing to the credit of the Western Australian Post-Secondary Education Commission Account is not immediately required for the purposes of this Act, the Commission may invest it in any investments authorised by law as those in which trust funds may be invested.

[Amended by No. 28 of 1976, s. 20.]

Application of Financial Administration and Audit Act 1985

22.(1) The provisions of the Financial Administration and Audit Act 1985 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Commission and its operations.

(2) Notwithstanding the provisions of the Financial Administration and Audit Act 1985, the financial year of the Commission shall end on 31 December.

[Repealed and substituted by No. 98 of 1985.]

Division 5—Miscellaneous Provisions

Declaration of Minister

23. The Minister may, by instrument in writing, declare a form of education to be post-secondary education for the purposes of this Act.

24. [Repealed by No. 98 of 1985.]

Regulations

25. The Governor may make regulations not inconsistent with this Act prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

Western Australia

 LEASE NO.    Lease for 999 Years

GEORGE THE FIFTH by the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Emperor of India, Defender of the Faith.

TO ALL OF WHOM these presents shall come GREETING:

KNOW YE that We of Our Special Grace certain knowledge and mere motion do by these presents grant and demise unto THE UNIVERSITY OF WESTERN AUSTRALIA the natural surface and so much of the land as is below that natural surface to a depth of 200 feet of ALL THAT piece or parcel of land situated at Crawley near Perth in Our State of Western Australia known as Swan Location 2885 containing 102 acres 8 perches more or less as the same is delineated on the plan hereunto annexed and marked and distinguished in the maps and books of the Department of Lands and Surveys of Our State as Reserve No. 17331 TOGETHER WITH all easements and appurtenances to the said piece or parcel of land belonging or appertaining. TO HOLD the premises hereby demised or expressed so to be unto The University of Western Australia (hereinafter called the Lessee) from the first day of July One thousand nine hundred and nineteen for the term of nine hundred and ninety-nine years thence next ensuing. YIELDING AND PAYING therefor to Us Our Heirs and Successors one peppercorn of yearly rent on the twenty-fifth day of March in every year or so soon thereafter as the same shall be lawfully demanded. PROVIDED ALWAYS AND IT IS HEREBY DECLARED that this Lease is granted under and subject to the following conditions, namely—

(a) that the land hereby demised shall, except as hereinafter expressed, at all times during the said term be used by the lessee as a site for the main buildings of the said University and for no other purpose whatsoever without the licence in writing of Us Our Heirs and Successors first obtained:

(b) that if the portion of the demised land containing 22 acres, 3 roods, 2 perches, delineated on the said Plan and therein hatched with the colour red, is at any time within ten years from the commencement of this Lease required by Us for the purposes of a Forest Products Laboratory, the lessee shall surrender to Us such portion of the demised land together with that portion of the demised land containing 3 roods 13 perches and delineated on the said Plan and hatched with the colour blue, for the purpose of an extension of Myers Street; and

(c) if at any time hereafter the intention to establish the University main buildings on the demised land, or some portion thereof, is abandoned, and such buildings are erected on some other site, this Lease may be determined and the lessee shall, if required so to do by the Governor of Our said State, surrender this Lease.

And if the lessee at any time during the said term shall make default in payment of the rent hereinbefore reserved if demanded or shall without such licence as aforesaid use the demised land otherwise than for the purpose for which it has been demised, or shall otherwise fail in the observance of the conditions as aforesaid, it shall thereupon be lawful for Us Our Heirs and Successors into and upon the said land or any part thereof in the name of the whole to re-enter and the same to have again repossess and enjoy as if this demise had never been executed. PROVIDED FURTHER and that We do hereby save and reserve to Us Our Heirs and Successors all mines of gold, silver, copper, tin or other metals ore and mineral or other substances containing metals and all gems and precious stones and coal or mineral oil and all phosphatic substances in or under the said land with full liberty at all times to search and dig for and carry away the same and for that purpose enter upon the said land or any part thereof.

IN WITNESS thereof we have caused our trusty and well beloved Sir Francis Alexander Newdegate, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Administrator of our State of Western Australia, to affix to these presents the Public Seal of Our said State.

SEALED at Perth aforesaid this THIRD day of MARCH, 1920.

(Signed) F. A. NEWDEGATE, Administrator

Registered the 11th day of August 1921, in conformity with Section 5 of the Act No. 54 of 1909, and numbered .

The University of Western Australia Lands By-Laws