UWA Logo
  Prospective Students | Current Students | Staff | Alumni | Visitors | About    
           
 
UWA Home
Official Publications
Calendar
Archived Versions
Search
Site Map

Official Publications  Books and an LCD Screen
 Go to previous page Go to next page Enhanced Printer Friendly Version  
 
 Calendar
 
 Section D - Rules and Regulations

Section D - Rules and Regulations

 
  Academic Board Regulations Made under Statute 19
 
  Guild Regulations Made under Statute 20
 
  Regulations for Admission and Transfer to Undergraduate Award Courses
 
  Course Regulations
 
  University General, Faculty, Master’s Degree by Research and Combined Course Rules
 
  Appeals Process in the Case where there is Dissatisfaction with an Assessment Result and/or Progress Status
 
  Regulations for Student Conduct and Discipline
 
  Intellectual Property Regulations
 
  Computer and Software Use Regulations

Academic Board Regulations Made under Statute 19

MEMBERSHIP

1.(1) The Academic Board comprises:

(a) the Chair of the Academic Board;

(b) the Deputy Chair of the Academic Board;

(c) the Associate Chair of the Academic Board;

(d) the Vice-Chancellor;

(e) the Senior Deputy Vice-Chancellor;

(f) the Deputy Vice-Chancellor (Research and Innovation);

(g) the Executive Director (Academic Services) and Registrar;

(h) the Executive Director (Finance and Resources);

(i) the  Pro Vice-Chancellor (Research and Research Training);

(j) the Pro Vice-Chancellor (Research Initiatives);

(k) the Pro Vice-Chancellor (Teaching and Learning);

(l) the deans of the faculties;

(m) the Dean of the School of Indigenous Studies;

(n) the University Librarian;

(o) the professors of the University who are entitled to hold the title of Winthrop Professor or above;

(p) the head of each school;

(q) the holders of any other positions as the Board may by resolution declare;

(r) 62 members elected, subject to the formula set out in sub-regulation (4), by and from those academic staff, below the level of Winthrop professor, who hold a fixed term or ongoing academic appointment on a full-time or 50 per cent or greater fractional basis, each to hold office for two years and be eligible for re-election;

(s) 20 members elected by and from those general staff who hold a fixed term or ongoing general staff appointment on a full-time or 50 per cent or greater fractional basis, each to hold office for two years and be eligible for re-election;

(t) the President of the Guild of Undergraduates;

(u) the President of the Postgraduate Students' Association;

(v) six students enrolled at the University nominated annually by the Council of the Guild of Undergraduates, of which two must be postgraduate students recommended by the Postgraduate Students' Association, or, if there is no such recommendation, nominated in accordance with Guild regulations, each student to hold office for one year and be eligible for renomination; and

(w) up to ten co-opted persons, each to hold office for two years and be eligible for co-option for further terms.

(2) Academic staff who hold emeritus, visiting, adjunct, clinical or honorary appointments are not eligible to serve on the Academic Board.

(3) For the purposes of this regulation, any of the ex-officio positions listed in paragraphs 1(a) to (n), (t) and (u) includes any person acting in any of these offices.

(4) In determining the number of members of academic staff that may be elected under (1)(r) from each faculty, from the School of Indigenous Studies and from non-faculty areas, the following formula is applied:

(a) 50 per cent of the positions are allocated according to relative numbers of ongoing or fixed term staff in each of the areas concerned using a 2:1 ratio of academic to general staff; and

(b) 50 per cent of the positions are allocated according to relative student load in each of the areas concerned.

QUORUM

2. The quorum for meetings of the Board is 50.

DECISION MAKING

3. All questions which come before the Board are decided by the majority of the members present and voting.

 

Definitions and Interpretation

1.1 Definitions

For the purposes of these Regulations:

Act means The University of Western Australia Act (WA) 1911.

Associate member means a member of the Guild described under Regulation 2.3.

By-laws and rules means By-Laws and rules made by the Guild under Clause 9 of Statute 20.

Crawley Campus means the grounds of the University and the residential colleges attached to the University.

Current year means the period commencing on the first day of first semester in each calendar year and ending on the day preceding the first day of first semester in the next calendar year unless a contrary intention is stated.

Divisional Director means an employee of the Guild, irrespective of job title, who has delegated responsibility for a division of the Guild, including the control of staff in that division.

Employee means all persons on the payroll of the Guild other than the Guild President and Senate Representative, the President of the Postgraduate Students Association, the Pelican Editor(s), and any other persons on the payroll of the Guild who was elected to a position by the students of the University. 

F.A.A.A. means the Financial Administration and Audit Act 1985 that regulates the financial administration, audit and reporting of public statutory bodies carrying on business in the State.

First Semester means the University's main teaching period in the first half of the academic year the dates for which are determined by the Academic Council and published on the University's website at http://handbooks.uwa.edu.au/page/22758.

General Meeting means any general meeting of members of the Guild held under Clause 13 of Statute 20 at which all ordinary members of the Guild may vote.

Guild means the Guild of Undergraduates referred to in the University of Western Australia Act 1911, recognising that both undergraduate and postgraduate students of the University are encompassed by the 'Guild' or 'Student Guild', as it may also be known.

Guild Council means the Council of the Guild referred to in Clause 9 of Statute 20.

Guild Councillor means a member of the Guild Council described in Regulation 3.1.2.

Guild Executive means the executive positions of the Guild Council and which are the Guild President, the Vice-President, the Secretary and the Treasurer.

Guild President means the President of the Guild elected in accordance with these Regulations.

Guild year means 1 December to 30 November.

Honorary Life Associate means a member of the Guild described under Regulation 2.4.

Members means the ordinary members associate members and honorary life associates.

Officer of the Guild means any elected or appointed officer of a subsidiary council of the Guild, a Department of the Guild, a division of the Guild, a committee of a council of the Guild, or of the council of the Guild.

Ordinary Members means ordinary members of the Guild in terms of Clause 4 of Statute 20. 

Referendum means any ballot on any subject held under Clause 10 of Statute 20 at which only ordinary members of the Guild are eligible to vote.

Regulations means regulations made by the Guild under Clause 12 of Statute 20.

Second Semester means the University's main teaching period in the second half of the academic year the dates for which are determined by the Academic Council and published on the University's website at http://handbooks.uwa.edu.au/page/22758.

Statute means a statute of the University.

Student means a person included in the University as a student.

Student Society means any club, society or association within The University of Western Australia having an initial membership of ten or more members of the Guild and having a membership of not less than five members of the Guild at all subsequent times and which is registered by the Guild in the manner prescribed in the regulations.

University means The University of Western Australia.

 

1.2 Interpretation

In these Regulations, unless the context otherwise dictates—

(a) the singular includes the plural and vice versa, and a gender includes other genders;

(b) a reference to a Statute or the Act, ordinance, code or other law or other legislation includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them; and

(c) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions.

 

Guild Membership

2.1 General Regulations

2.1.1 Membership of the Guild is governed by Section 28 of the Act and Statute 20.

2.1.2 The classes of membership of the Guild are ordinary membership, associate membership and honorary life associate.

2.2 Ordinary Membership

2.2.1 A person is eligible to be an ordinary member if they are included in the University as a student.

2.2.2 A person eligible to be an ordinary member may become an ordinary member by completing and signing a membership form and submitting it to the Guild office.

2.3 Associate Membership

2.3.1 A person is eligible to be an associate member if they are:

(a) an included in student in a non-award course at the University;

(b) an included in student at another university or TAFE;

(c) a current or former staff member of the Guild;

(d) a current or former staff member of the University;

(e) a graduate of the University; or

(f) a graduate of another university.

2.3.2 A person eligible to be an associate member may apply by providing a written and signed application to the Guild Executive.

2.3.3 The Guild Executive may admit an eligible person as an associate member.

2.3.4 Associate membership is valid until the last day in February of the year following admission as an associate member.

2.3.5 Associate membership does not confer the rights of ordinary membership.

2.3.6 Associate members do not have voting rights in a general meeting.

2.3.7 The Guild Council has the power to suspend or expel an associate member by providing written notice.

2.3.8 In accordance with Regulation 2.3.7, an associate member suspended or expelled by the Guild Council has the right of appeal to an ordinary general meeting.

2.3.9 An appeal made under Regulation 2.3.8—

(a) must be made in writing to the Guild Secretary within fourteen days of the date of the written notice of suspension or expulsion; and

(b) must be signed by at least twenty members.

2.4 Honorary Life Associate Membership

2.4.1 Any person may be admitted as an honorary life associate in accordance with these Regulations.

2.4.2 A nomination for an honorary life associate must be lodged with the Guild Secretary at least one month prior to the next scheduled Guild Council meeting or general meeting.

2.4.3 A nomination for admission as an honorary life associate must—

(a) be in writing;

(b) be signed by a proposer and a seconder, who are both Guild members;

(c) include a signed acceptance on behalf of the nominee; and

(d) be included on the next agenda of either the Guild Council or a general meeting.

2.4.4 A nomination for an honorary life associate may be approved by a simple majority affirmative vote of either the Guild Council or a general meeting.

2.4.5 Honorary life associates have all the rights, privileges, duties and obligations of associate members.

2.5 Resignation

2.5.1 A member of the Guild of any class may resign from the Guild at any time, effective from the date a written notice is received by the President unless a later date is specified in the written notice of resignation.

2.6 Obligation of Members

2.6.1 Subject to the Act, Statutes, regulations and By-Laws of the University, and the Regulations, By-Laws and policy of the Guild, all members and persons using Guild facilities or using services provided by the Guild or student societies are entitled to all the rights and privileges contained in the Act and must observe the duties and obligations specified in the Act, the Statutes, and these Regulations.

2.7 Subscriptions

2.7.1 Fees for ordinary membership are subject to the approval of the University Senate.

2.7.2 Subject to Regulation 2.7.1, the Guild Council has the power to levy a fee for admission to ordinary membership and associate membership of the Guild.

2.7.3 Any fees prescribed under these Regulations may be different for different classes of membership and the enrolment status of members.

2.8 Refund of Subscriptions for Associate Members

2.8.1 The Guild Executive, in its absolute discretion, may authorise the refund of a subscription paid by an associate member.

 

Guild Council

3.1 General Regulations

3.1.1 The governing authority of the Guild is the Guild Council.

3.1.2 The Guild Council comprises:

(a) the Guild President and Senate Representative;

(b) the Treasurer;

(c) the President of Societies Council;

(d) the President of Education Council;

(e) the President of Public Affairs Council;

(f) the student member of the UWA Sports Council who has served on that council for the longest time;

(g) the Women's Affairs Officer; and

(h) thirteen ordinary Guild Council members.

3.1.3 The following are standing invitees to meetings of Guild Council:

(a) the Immediate Past President (excluding an Acting President appointed under these Regulations);

(b) the Aboriginal and Torres Strait Islander Students Officer;

(c) the Environment Officer;

(d) the International Student Services Director;

(e) the President of the Postgraduate Students Association;

(f) the Queer Officers;

(g) a representative from the University colleges, elected by the University's residential colleges' student residents;

(h) the Sports Representative;

(i) the Student Senate Representative; and

(j) the Welfare Officer.

3.1.4 Any proposed changes to the voting membership of Guild Council must be—

(a) approved and passed by a simple majority of Guild Council; and

(b) referred to either a general meeting or a referendum and passed by a simple majority, before being adopted by the Guild.

3.1.5 Any proposed changes to the voting membership of Guild Council that are approved and passed in accordance with Regulation 3.1.4 will take effect from the 1 December following the approval of the changes.

3.1.6 All members of Guild Council retire from membership and vacate their official position on 30 November in each year.

3.1.7 The Guild Council has the power to declare vacant (by a simple majority of votes) the position of any member of the Guild Council (other than that of the student member of the UWA Sports Council) who has been absent without apology for two consecutive Guild Council meetings or without leave of absence granted on the motion of the Guild Council.

3.1.8 Any member of the Guild Council whose position is declared vacant under Regulation 3.1.7 is not eligible for membership of the Guild Council until after the expiration of one year from the date on which their position was declared vacant by the Guild Council.

3.1.9 Any member or standing invitee of the Guild Council (other than the Immediate Past President) may resign his or her position by giving written notice to the Secretary of their intention to resign and their resignation will take effect upon the date of its acceptance by the Guild Council.

3.1.10 No member of Guild Council who resigns his or her position under Regulation 3.1.9 may stand for election to that same position in a subsequent Guild election.

3.2 Guild Policy

3.2.1 The policies of the Guild are made by the Guild Council.

3.2.2 Guild Council may adopt (by a simple majority) policy on any issue that is covered by Clauses 2 and 3 of Statute 20—'The Objects of the Guild'.

3.2.3 Policy enacted under these Regulations remains in force until it is specifically rescinded or amended by resolution of Guild Council. 

3.2.4 Policies passed by the Guild Council do not automatically lapse on the 30th November in any year.

3.2.5 Amendments to Regulations 3.2.1, 3.2.2, 3.10.2, 3.10.3 and 3.10.4 must receive the approval of a majority of ordinary members present and voting before coming into effect.

3.2.6 The Standing Orders of the Guild  shall be rules made by Guild Council to govern the conduct of meetings, and shall be kept by the Guild Secretary.

3.3 Guild Council Meetings

3.3.1 Ordinary Meetings

3.3.1.1 One ordinary general meeting of the Guild Council is held monthly from February to December inclusive.

3.3.1.2 A schedule of ordinary meetings of Guild Council is set in December for the following year.

3.3.1.3 The first meeting of the reconstituted Guild Council in each year is held within the first two weeks of December and at least seven working days' notice of the meeting is given.

3.3.2 Special meetings

3.3.2.1 Special meetings of the Guild Council are held from time to time as the Guild Council or the Executive chooses or within ten days of the receipt by the Guild Secretary of a written request for a special meeting of the Guild Council signed by three Guild Councillors.

3.3.2.2 At least three University working days notice of every special meeting of the Guild Council must be given to all Guild Councillors unless they agree to accept a lesser period of notice.

3.3.2.3 A petition in writing may be made by a minimum of seven Guild Councillors to the Guild Secretary stating that a special meeting will not be held on the date specified in the original notice of special meeting but will be held seven days after that date.

3.3.2.4 If such a petition is received by the Guild Secretary, the Secretary will promptly circulate an amended notice of the special meeting to all Guild Councillors advising of the revised date.

3.3.3 All meetings

3.3.3.1 A meeting of Guild Council will not be held on the same calendar date as an ordinary meeting of the Senate, Academic Board or Academic Council of the University.

3.3.3.2 A quorum for a meeting of the Guild Council is one half of the voting membership, at least two of whom must be members of the Guild Executive.

3.3.3.3 The Guild Council may from time to time adjourn any meeting or debate to a future sitting.

3.3.3.4 Subject to these Regulations, all meetings of the Guild Council are conducted in accordance with the procedure set out in the standing orders of the councils of the Guild.

3.3.3.5 No proceedings of any Guild Council meeting are invalidated solely by reason of:

(a) any defect in the election or appointment of any of its members;

(b) there being any vacancy in the membership of the Guild Council at the time of such proceedings; or

(c) any person having failed to receive proper notice of the meeting.

3.4 Proxies

3.4.1 A Guild Councillor who is unable to attend a Guild Council meeting may assign proxy voting rights to another ordinary member.

3.4.2 Proxy votes must be in writing and signed and dated by the Guild Councillor who is assigning proxy voting rights.

3.4.3 An ordinary member may not hold proxy voting rights on behalf of a particular Guild Councillor more than once in any calendar year.

3.5 Minutes

3.5.1 On the first University working day following a Guild Council meeting, the Secretary will compile a record of all resolutions passed and distribute them to the Guild Councillors and subsidiary council executive members.

3.6 Guild Executive

3.6.1 The Guild Executive comprises:

(a) the President;

(b) the Vice-President;

(c) the Secretary; and

(d) the Treasurer.

3.6.2 The Guild Executive may, in any provision included in the Guild Statute Book, be referred to as the Guild Executive.

3.6.3 No person who is an undischarged bankrupt or has their affairs under liquidation by arrangement with their creditors is capable of being or continuing to be a member of the Guild Executive.

3.7 Guild Powers

3.7.1 The Guild Executive will determine any matters referred to it by the Guild Council and all matters which cannot reasonably be deferred until the following meeting of the Guild Council or the Guild Finance and Planning Committee.

3.8 Quorum

3.8.1 The quorum for a meeting of the Guild Executive is three.

3.9 Frequency of Meetings

3.9.1 The Guild Executive will meet at such times and places as the President may from time to time decide.

3.9.2 The Executive is responsible for the timely circulation of the agenda for all Guild Council meetings.

3.10 General Regulations

3.10.1 Where the Regulations require a matter to be dealt with by any subsidiary body or committee of the Guild, and where such a matter cannot be reasonably deferred until the next meeting of such a body or committee, the Guild Executive may determine the matter.

3.10.2 The Guild Executive may determine an interim policy where no policy of Guild Council exists.

3.10.3 Any interim policy determined by the Guild Executive will automatically lapse upon the date of the next Guild Council meeting unless the interim policy is specifically ratified by that meeting of Guild Council.

3.10.4 Lapsed interim policy will not be readopted by the Guild Executive, either in style or substance.

3.10.5 The Guild Executive must, on recommendation of Guild Education Council, determine the allocation and distribution of annual grant monies to the faculty societies.

3.10.6 The Guild Executive may, during any year, decide to conduct the annual University Procession ('Prosh'), and will appoint one or more directors for this purpose together with;

(a) a committee to assist the director or directors of Prosh in the organisation and running of Prosh; and

(b) an editor of the Prosh newspaper.

 

Guild Office Bearers

4.1 Current Office Bearers

4.1.1 The Guild office bearers are:

(a) President;

(b) Vice-President;

(c) Secretary;

(d) Treasurer;

(e) Chair of the Guild Council and Statutes Committee;

(f) Presidents of each of the subsidiary councils;

(g) Department Officers;

(h) Aboriginal and Torres Straits Islander Students Department Officer;

(i) Environment Officers;

(j) Postgraduate Students' Officer;

(k) Queer Officers;

(l) Student Parents On Campus Officer;

(m) Welfare Officer; and

(n) Women's Affairs Officer.

4.1.2 Office bearers not elected at the Annual Guild Elections in accordance with the Guild Election Regulations are elected from the membership of the reconstituted Guild Council at its first meeting in each year.

4.2 Guild President

4.2.1 The President is elected at the annual Guild Elections.

4.2.2 Subject to the authority of the Guild Council prescribed under these Regulations, the role of the President is to—

(a) conduct the relations of the Guild with the University and with the general public;

(b) assist and co-ordinate the work of the members of the Guild Council and office bearers of the Guild;

(c) implement the policy and decisions of the Guild Council;

(d) preside at all general meetings and attend all meetings of the Guild Council;

(e) report to every ordinary meeting of Guild Council;

(f) present an annual report to the Guild Council meeting held in November on the activities undertaken by the President during the President's term in office; and

(g) perform such other duties as may be prescribed by these Regulations.

4.2.3 In accordance with Regulation 4.2.4, the President will receive a stipend paid fortnightly, and set at $27,803 per annum for 2008, for the duration of their term.

4.2.4 Increases in the stipend of the President will occur only in accordance with federal safety net increases awarded through the Industrial Relations Commission or equivalent body and only when the Guild Personnel Board has confirmed that the Industrial Relations Commission or equivalent body has approved a safety net increase.

4.2.5 Any increase in the stipend of the President will take effect in the first pay period following the decision to increase the stipend by the Industrial Relations Commission.

4.2.6 The Guild Personnel Board will notify Guild Council of any increases in the stipend of the President.

4.2.7 The President is entitled to take up to four weeks annual leave during their term of office and will receive leave loading entitlements as defined in the Guild's staff agreement.

4.2.8 During their term of office, the President will not hold any other executive position in the Guild, or in any affiliated University society or faculty society.

4.2.9 No person is elected to the position of President on more than one occasion.

4.3 Acting Guild President

4.3.1 The President may nominate any other member of the Guild Executive to be acting President for any period for which the President is absent.

4.3.2 An acting President who is unable to continue in that position for any reason may nominate any other member of the Guild Executive to be the acting President.

4.4 Vice-President

4.4.1 The role of the Vice-President is to—

(a) assist the President;

(b) regularly report to Guild Council on the activities undertaken by the Vice-President;

(c) present an annual report to the Guild Council meeting held in November on the activities undertaken by the Vice-President during their term in office; and

(d) liaise with Guild departments, University colleges, and other bodies on behalf of the Guild Executive as required;

(e) utilise on-campus media to inform students of the proceedings and decisions of the Guild Council;

(f) promote student awareness of on-campus issues;

(g) in November each year, organise and conduct training of all the incoming Guild Councillors (elected in the most recent Annual Guild Elections) in order to familiarise the incoming Guild Councillors with all Guild facilities and outlets;

(h) inform those directly affected by Guild Council and Executive decisions of those decisions;

(i) oversee and implement the transport and parking policy of the Guild and the activities of the Guild associated with transport and parking needs of students;

(j) liaise with the University and other bodies as required, on issues associated with the transport and parking needs of students;

(k) act as the representative of the Guild on the University Parking Infringement Advisory Panel;

(l) make assessments of the adequacy of facilities, including issues of safety and security, (including buildings, grounds, technology and information services) provided by the University;

(m) run campaigns and assist the President in lobbying towards improvements in the quality of University facilities; and

(n) collect and collate student opinion and feedback on University facilities.

4.5 Secretary

4.5.1 The role of the Secretary is to—

(a) carry out the administrative work of the Guild for which these Regulations do not provide and for which the Guild Council has not nominated any executive officers;

(b) call all Guild meetings and Guild Council meetings as required in accordance with these Regulations;

(c) publicise all Guild meetings and Guild Council meetings;

(d) take responsibility for all Guild Council correspondence;

(e) on behalf of the Guild Council, present to the general meeting held in first semester, a detailed report of the activities of the Guild during the previous year;

(f) inform relevant Guild Councillors and office bearers of the decisions of the Guild Council or subsidiary bodies or committees which affect their portfolio;

(g) regularly report to Guild Council on the activities undertaken by the Secretary;

(h) present an annual report to the Guild Council meeting held in November on the activities undertaken by the Secretary during their term in office;

(i) carry out the instructions of the Guild Council; and

(j) carry out such other duties as are prescribed by these Regulations.

4.6 Treasurer

4.6.1 The role of the Treasurer is to,

(a) on behalf of the Guild Council,—

(i) present to the general meeting held in first semester, the budgets of the Guild Council and the subsidiary Councils for the current year; and

(ii) report to the general meeting held in second semester, the balance sheet, the auditor's report and the financial statements of the Guild for the previous year; and

(b) in conjunction with the Guild Finance Director,—

(i) supervise all correspondence of the Guild which relates to financial matters;

(ii) supervise and recommend to the Guild Council and the Finance and Planning Committee on all issues involving finance;

(iii) present to Guild Council an annual triple bottom line budget by the February Guild Council meeting, as recommended by the Finance and Planning Committee (which accounts for the social, financial, and environmental performance of the Guild);

(iv) regularly report to Guild Council on the activities undertaken by the Treasurer;

(v) present an annual report to the Guild Council meeting held in November on the activities undertaken by the Treasurer during their term in office; and

(vi) carry out other such duties as are prescribed by these Regulations.

4.6.2 No person is elected to the position of Treasurer on more than one occasion.

4.7 Chair of the Guild Council and Statutes Committee

4.7.1 The role of the Chair of Guild Council and the Statutes Committee is to—

(a) preside and act as chair over all meetings of the Guild Council and the Statutes Committee;

(b) convene meetings of the Statutes Committee; and

(c) present an annual report to the Guild Council meeting held in November on the activities undertaken by the Chair of the Guild Council and the Statutes Committee during their term in office.

4.8 Department Officer

4.8.1 In addition to the role set out in Chapter 7, each Department Officer must—

(a) regularly report to Guild Council on the activities that each Department Officer is undertaking or proposing to undertake; and

(b) present an annual report to the Guild Council meeting held in November on the activities undertaken by each Department Officer during their term in office.

4.9 Aboriginal and Torres Strait Islander Students Department Officer

4.9.1 The role of the Aboriginal and Torres Strait Islander Students Department Officer is to co-ordinate the actions of the Aboriginal and Torres Strait Islander Department and do everything necessary and proper for the benefit and advancement of Aboriginal and Torres Strait Islander students including but not restricted to—

(a) work towards achieving the greatest possible participation of Aboriginal and Torres Strait Islander students within the educational, social and cultural activities of the Guild and the University;

(b) promote the cultural identity of Aboriginal and Torres Strait Islander students;

(c) advance the social, economic, educational access, and equality of Aboriginal and Torres Strait Islander students;

(d) present the views of Aboriginal and Torres Strait Islander students to the staff and students of the University;

(e) support Aboriginal or Torres Strait Islander students in any issues including, but not restricted to, racial discrimination, sexual discrimination and disputes with a lecturer, tutor or any government agency, and refer them to the relevant people or bodies where appropriate;

(f) disseminate information to all students and staff of the University using the available on-campus media; and

(g) promote reconciliation issues at all levels of the University.

4.10 Environment Officer

4.10.1 The role of the Environment Officer is to—

(a) co-ordinate student concern about the campus and community environment and to co-ordinate student action with regard to environmental issues;

(b) recommend to Guild Council relevant policy on environmental issues;

(c) implement appropriate Guild policy on matters that affect the campus and community environments; and

(d) disseminate information relating to the environment on campus using the available on-campus media.

4.11 Postgraduate Students' Officer

4.11.1 The role of the Postgraduate Students' Officer is to—

(a) work towards achieving the greatest possible participation of postgraduate students in the cultural, educational and social activities of the University;

(b) recommend to Guild Council relevant policy on postgraduate student related issues, and to implement appropriate Guild policy on matters that affect postgraduate students; and

(c) disseminate information relating to postgraduate students on campus using the available on-campus media.

4.12 Queer Officers

4.12.1 The role of the Queer Officers is to—

(a) monitor compliance with State and Federal equal opportunity legislation and contribute to best practice around sexual diversity;

(b) work towards achieving social, economic and educational equality for gay, lesbian, bisexual, transgender and intersex (GLBTI) students on campus;

(c) recommend to Guild Council relevant policy on issues related GLBTI students and to implement appropriate Guild policy on matters that affect those students; and

(d) disseminate information relating to GLBTI students on campus using the available on-campus media.

4.12.2 One of the Queer officers must identify as female.

4.13 Student Parent On Campus Officer

4.13.1 The role of the Student Parent On Campus Officer is to—

(a) work towards achieving social, economic, and educational equality for student parents on campus;

(b) with regard to (a), co-ordinate and organise student parents' participation in campus and community activities;

(c) recommend to Guild Council relevant policy on issues facing student parents;

(d) implement appropriate Guild policy on matters that affect student parents;

(e) disseminate information on issues facing student parents to students on campus using the available on-campus media; and

(f) work with the Welfare Officer as a liaison with Guild Council.

4.14 Welfare Officer

4.14.1 The role of the Welfare Officer is to—

(a) co-ordinate and organise the welfare activities and campaigns of the Guild;

(b) recommend to Guild Council relevant policy on student welfare related issues, and to implement appropriate Guild policy on student welfare;

(c) provide necessary support to the Student Parent Department and to act as a liaison between the Student Parent Department and Guild Council;

(d) disseminate information on student welfare to students on campus using the available on-campus media;

(e) regularly report to Guild Council on the activities undertaken by the Welfare Officer; and

(f) present an annual report to the Guild Council meeting held in November on the activities undertaken by the Welfare Officer during their term in office.

4.15 Women's Affair Officer

4.15.1 The role of the Women's Affairs Officer is to—

(a) work towards achieving social, economic and educational equality for women on campus;

(b) with regard to (a), co-ordinate and organise participation of women students in campus and community activities;

(c) recommend to Guild Council relevant policy related to women's issues, and implement appropriate Guild policy on women's affairs; and

(d) disseminate information on women's affairs to women students on campus using the available on-campus media.

 

Guild Meetings

5.1 Ordinary General Meeting Regulations

5.1.1 One ordinary general meeting is held in each semester.

5.1.2 The quorum for an ordinary general meeting is one hundred members.

5.1.3 If no quorum is present at the expiration of thirty minutes from the notified starting time of the meeting, the meeting will lapse.

5.1.4 The Guild provides at least ten University working days notice of its' intention to hold an ordinary general meeting.

5.1.5 The notice of an ordinary general meeting—

(a) will include—

(i) the purpose for which the ordinary general meeting is being held;

(ii) the date, time and location of the ordinary general meeting; and

(iii) the closing date for submission of motions on notice; and

(b) must be—

(i) displayed prominently on paper no less than size A3 on the Guild noticeboards, the rotundas and other noticeboards on the campus; and

(ii) published in any official Guild publication where the publication schedule coincides with the notice period of the ordinary general meeting.

5.1.6 The President (or Vice-President) is entitled to chair each ordinary general meeting.

5.1.7 If the President (or Vice-President in the absence of the President) nominates not to act as chair, the members present will elect a chair from amongst the members present.

5.1.8 The order of business for the ordinary general meeting held during first semester is—

(a) confirmation of the minutes of the previous ordinary general meeting and of any special general meetings held since the previous ordinary general meeting;

(b) Guild President's report;

(c) consideration of the budgets of the Guild Council and the subsidiary councils for the current year;

(d) motions on notice; and

(e) general business.

5.1.9 The order of business for the ordinary general meeting held during second semester is—

(a) confirmation of the minutes of the previous ordinary general meeting and of any special general meetings held since the previous ordinary general meeting;

(b) President's report;

(c) receipt of the annual report of the Guild Council;

(d) receipt of the balance sheet of the Guild, the auditors report on the balance sheet and the financial statements of the Guild for the previous year;

(e) motions on notice; and

(f) general business.

5.2 Special General Meeting Regulations

5.2.1 A special general meeting may be called by a—

(a) resolution of the Guild Council or of the Guild Executive; or

(b) written request, signed by at least fifty members.

5.2.2 All resolutions and requisitions for a special general meeting must specify the business for which the meeting is called.

5.2.3 No other business will be discussed at the special general meeting.

5.2.4 A special general meeting must be held within fourteen University working days from the date of the resolution or receipt of the requisition, at a time and place determined by the Guild Secretary.

5.2.5 If the Guild Secretary fails to call a special general meeting within ten University working days of receipt of the requisition, any of the persons signing the requisition are entitled to call the meeting.

5.2.6 All motions on notice to be raised at a special general meeting must be received by the Guild Secretary, in writing, signed by both the mover and seconder, at least five University working days prior to the meeting date.

5.2.7 All motions on notice duly received by the Guild Secretary must be displayed on the Guild noticeboard for at least three University working days prior to the meeting.

5.2.8 Motions may only be moved or seconded by members.

5.2.9 Except with the consent of two-thirds of the members present at a special general meeting, no person may introduce any discussion on a subject which has not been duly inserted on the notice paper for that meeting.

5.2.10 These regulations concerning motions on notice will not be construed so as to affect the right of any member to move amendments to the motions

5.2.11 The chair of the meeting has an ordinary vote and casting vote.

5.2.12 Only ordinary members may vote at a special general meeting.

5.2.13 Associate members may contribute to the discussion and are not permitted to vote. 

5.2.14 Non members may only address a special general meeting if they are granted leave by the Chair to do so.

5.2.15 Unless otherwise provided in these Regulations and subject to any specific motion of the Guild Council, motions passed by any special general meeting will be in the form of recommendations to the Guild Council.

5.2.16 Unless otherwise provided in these Regulations, all special general meetings are conducted in accordance with the standing orders.

5.2.17 A special general meeting must not be held during a non-teaching period at the University.

5.3 Referenda Regulations

5.3.1 A special general meeting that is properly convened or requisitioned in accordance with these Regulations may, with the approval of a majority of votes of those present, requisition the Guild Council to hold a referendum on any matter affecting the student body at the University.

5.3.2 The Guild Council will determine all matters of detail in connection with any referendum.

5.3.3 Referenda under this Regulation 6 can only be held once a year in conjunction with the annual Guild elections.

5.3.4 A petition signed by no less than five hundred members, and setting out a referendum question, may petition the Guild Council to hold a referendum of members.

5.3.5 Upon requisition under Regulation 5.3.1 or petition under Regulation 5.3.4 in accordance with the Election Regulations, a referendum is conducted unless the Guild Council otherwise directs.

5.3.6 The Guild Council may hold a referendum of students or of Guild members alone, in relation to any question.

5.3.7 All students are entitled to one vote at any referendum of students under Regulation 5.3.

5.3.8 All members are entitled to one vote at any referendum of members only under Regulation 5.3.

5.3.9 Unless the Guild Council determines otherwise, a valid vote in a referendum has only 'yes' or 'no' written on a ballot paper (other than the text of the referendum itself).

5.3.10 A referendum is decided in the affirmative if 50 per cent plus one of the valid votes cast are in the affirmative.

5.3.11 A passed referendum will become the policy of the Guild.

 

Guild Committees

6.1 General Regulations

6.1.1 Unless otherwise mandated by these Regulations, the officers and members of all Guild committees created by these Regulations are elected by the Guild Council by proportional representation at the first Guild Council meeting in December each year.

6.1.2 Unless otherwise mandated by these Regulations, the executive officer of each Guild committee is elected from amongst the Guild Councillors.

6.1.3 All officers and members of Guild committees will retire from office in each year on the same day that the Guild Council retires.

6.1.4 The holders of all positions for ordinary members on all Guild committees are elected by proportional representation at the March Guild Council meeting in each year.

6.1.5 All positions for ordinary members on all Guild committees are advertised on the official Guild notice board and in the Silver Guilder for at least ten University working days prior to the March Guild Council meeting.

6.1.6 Subject to the contrary directions of the Guild Council, the executive officer of a Guild committee, or if there is no executive officer, the chair, will call all meetings of that particular Guild committee and will determine the times and places of such meetings.

6.1.7 Subject to Regulation 6.2, a decision of a Guild committee must be passed by a simple majority of those present at the meeting.

6.1.8 Except as otherwise provided in these Regulations, the quorum for any meeting of a Guild committee is one-third of the total members of that Guild committee.

6.1.9 If the members are not unanimous upon any question put before the Guild committee at a meeting, the dissenting members may state their views to the Guild Council in a minority report.

6.1.10 The Guild Council may at any time declare vacant the position of any member of a Guild committee other than an ex officio member.

6.1.11 The Guild Council will fill all casual vacancies in the membership of any Guild committee.

6.1.12 The Guild Council has the power to create select committees.

6.1.13 The President is an ex officio member of all select committees.

6.1.14 The Regulations relating to Guild committees apply to select committees created by the Guild Council.

6.1.15 Minutes of Guild committees are passed to the Guild Secretary for inclusion in the following Guild Council meeting agenda.

6.1.16 After the minutes are ratified, all resolutions of the Guild Executive, the Guild Council and subsidiary councils are recorded in a book which is kept by Guild Administration for reference.

6.2 Role of the Chair of a Guild Committee

6.2.1 The chair of the meeting has an ordinary vote and a casting vote.

6.2.2 Except as otherwise provided in these Regulations, the chair of each Guild committee will present an annual report to the Guild Council meeting held in November on the activities undertaken by the Guild committee of which they are chair during the year.

6.3 Role of an Executive Officer of a Guild Committee

6.3.1 The role of an executive officer of a Guild committee is to—

(a) keep the minutes of all proceedings of a Guild committee;

(b) ensure that the minutes of the Guild committee are distributed to all members, and to the Guild Councillors, as soon as practicable after each meeting; and

(c) carry out the instructions of the Guild committee (subject to the authority of the Guild Council).

6.4 ACTIVITIES COMMITTEE

6.4.1 Role

6.4.1.1 Subject to these Regulations and the directions of the Guild Council, the role of the Activities Committee is to—

(a) oversee and make decisions on the content of the program of Guild activities and make recommendations to the President;

(b) oversee the management of the Guild events calendar; and

(c) liaise, where appropriate, with the Student Services Committee, the Tavern Committee and the societies and public affairs councils.

6.4.2 Membership

6.4.2.1 The Activities Committee comprises:

(a) the President;

(b) the Vice-President;

(c) the Societies Council;

(d) the Public Affairs Council;

(e) three Guild Councillors, at least one of whom must be female; and

(f) three ordinary members, at least one of whom must be female.

6.4.2.2 The chair of the Activities Committee is elected by Guild Council at the December meeting of each year from the members of the Activities Committee who are also Guild Councillors.

6.4.2.3 The Activities Officer is the Executive Officer of the Activities Committee.

6.4.2.4 The Activities Officer is a standing invitee to meetings of the committee.

6.4.3 Frequency of meetings

6.4.3.1 The Activities Committee meets monthly during the University semester, or as required.

6.5 CATERING COMMITTEE

6.5.1 Role

6.5.1.1 Subject to directions of the Guild Council, the role of the Catering Committee is to—

(a) report to the Guild Council on ways to improve the catering services provided by the Guild;

(b) control and manage the catering facilities owned, occupied or controlled by the Guild;

(c) control, manage, maintain and preserve the furniture, fittings, goods and chattels connected to the catering facilities owned, leased and used by the Guild;

(d) review the operations of the Catering Committee and report as required to the Personnel Board and the Finance and Planning Committee;

(e) address any criticisms of the catering operations of the Guild;

(f) advise the Finance and Planning Committee on all matters relating to structural alterations and additions to all catering facilities;

(g) for the purposes of Regulation (f), obtain any plans, drawings, reports and expert advice as it considers necessary;

(h) recommend to the Finance and Planning Committee the scale of charges to apply to the services that the catering operation of the Guild provides; and

(i) recommend to the Finance and Planning Committee an annual budget for the catering operation of the Guild.

6.5.2 Powers

6.5.2.1 The Catering Committee has the power to recommend to the Guild Council for approval any rules necessary for the proper conduct of its role.

6.5.2.2 Rules approved by Guild Council under Regulation 6.5.2.1 are included in the Guild Statute Book.

6.5.3 Membership

6.5.3.1 The Catering Committee comprises:

(a) the President;

(b) the Treasurer;

(c) three Guild Councillors, at least one of whom must be female; and

(d) three ordinary members, at least one of whom must be female.

6.5.3.2 The following are standing invitees to meetings of the committee:

(a) the Catering Director;

(b) the Commercial Operations Manager; and

(c) up to two members co-opted at the discretion of the Guild Council.

6.5.3.3 The chair of the Catering Committee is elected by Guild Council at the December Guild Council meeting of each year from amongst its membership. 

6.5.3.4 The Catering Director is the Executive Officer of the Catering Committee.

6.5.4 Quorum

6.5.4.1 The quorum for a meeting of the Catering Committee is three.

6.5.5 Frequency of meetings

6.5.5.1 The Catering Committee meets in every calendar month except December.

6.5.5.2 At least three University working days notice of meetings is given to members.

6.6 DISCIPLINE COMMITTEE

6.6.1 Please refer to Chapter 15.

6.7 FINANCE AND PLANNING COMMITTEE

6.7.1 Role

6.7.1.1 Subject to the authority of the Guild Council, the role of the Finance and Planning Committee is to—

(a) control and manage the buildings occupied or controlled by the Guild;

(b) control and manage, maintain and preserve the furniture and fittings, equipment and chattels owned, leased and used by the Guild;

(c) control and manage all trading concerns operated by the Guild;

(d) control and manage all Guild catering outlets;

(e) set a scale of charges for the hire of available rooms in Guild buildings (unless otherwise specified in these Regulations);

(f) manage the safekeeping and collection procedures of the Guild Art Collection, and manage the implementation of the Guild Art Collection Policy; and

(g) such other matters as Guild Council may from time to time direct.

6.7.2 Powers

6.7.2.1 The Finance and Planning Committee has the power to make rules for the proper conduct of its affairs.

6.7.2.2 The Finance and Planning Committee has the power to create sub-committees as it sees fit.

6.7.3 Membership

6.7.3.1 The Finance and Planning Committee comprises:

(a) the President as Chair;

(b) the Treasurer;

(c) the Vice-President;

(d) the Secretary; and

(e) two Guild Councillors, at least one of whom must be a female.

6.7.3.2 The following are standing invitees to meetings of the committee:

(a) the Managing Director;

(b) the Finance Director;

(c) the Catering Director; and

(d) another person co-opted at the discretion of the Guild Council.

6.7.3.3 A person who is an undischarged bankrupt or has their affairs under liquidation by arrangement with their creditors is not permitted to be, or to continue to be, a member of the Finance and Planning Committee.

6.7.3.4 The Finance Director is the Executive Officer of the Finance and Planning Committee.

6.7.3.5 The President of the Guild is an ex-officio member of all sub-committees of the Finance and Planning Committee.

6.7.3.6 The Finance and Planning Committee provides the Guild Council with details of the membership and the minutes of any of its sub-committees.

6.7.4 Quorum

6.7.4.1 The quorum for a meeting of the Finance and Planning Committee is three.

6.7.5 General Regulations

6.7.5.1 A complete inventory of all property of the Guild is kept in the office of the Finance Director.

6.8 MEDIA COMMITTEE

6.8.1 Role

6.8.1.1 Subject to these Regulations and the directions of the Guild Council, the role of the Media Committee is to—

(a) make recommendations to Guild Council on the adoption of any changes to the Guild Media Policy;

(b) review the activities of the Media Office, and report as required to the Guild Council and the Guild Personnel Board;

(c) manage criticisms of the Media Office;

(d) prepare and present a proposed annual Media Office budget to the Finance and Planning Committee; 

(e) report to the Guild Council on ways to improve the resources available in the Media Office so as to enhance the quality of publications of the Guild;

(f) co-ordinate the activities of the Media Office; and

(g) make recommendations to Guild Council on the appointment, dismissal, directing, counselling or supervision of the Pelican Editor.

6.8.2 Membership

6.8.2.1 The Media Committee comprises:

(a) the President as Chair;

(b) the Guild Vice-President;

(c) two ordinary members at least one of whom must be a female;

(d) the Media Officer;

(e) the Pelican Editor; and

(f) a nominee of the Australian Journalists' Association (WA).

6.8.2.2 The Media Officer is the Executive Officer of the Media Committee.

6.8.2.3 In the event that at any time the position of Media Officer does not exist, the person occupying the nearest equivalent position as determined by the Personnel Board (in its absolute discretion) becomes a member of the Media Committee.

6.8.3 Frequency of meetings

6.8.3.1 The Media Committee may meet as often as required to perform its functions under these Regulations.

6.8.3.2 At least five University working days notice of a meeting is given to members.

6.8.4 Quorum

6.8.4.1 The quorum for the Media Committee is four, and must include the Guild President and the Media Officer (or equivalent under Regulation 6.8.2.3).

6.8.5 General Regulations

6.8.5.1 The Media Officer is responsible for all dealing with incoming correspondence to the Media Committee.

6.8.5.2 After the Media Committee has accepted the minutes of its previous meeting, the Guild Vice-President will present the minutes to the next ordinary Guild Council meeting for ratification by the Guild Council.

6.8.5.3 No decision or determination of the Media Committee has any effect until it is ratified by Guild Council.

6.8.5.4 The Pelican Editor, at all times, has only one vote on the Media Committee irrespective of whether the position is held jointly by two or more persons.

6.8.5.5 If the joint Pelican Editors cannot agree on how to exercise their vote on a particular matter before the Media Committee, the Pelican Editors must abstain from voting on that particular matter.

6.8.6 Media Policy

6.8.6.1 The Guild Media Policy is a guide for the production of publications of the Guild.

6.8.6.2 All members and employees of the Guild involved in the production of publications of the Guild must comply with the Guild Media Policy.

6.8.6.3 The Guild Media Policy includes the following matters:

(a) 'Pelican' as a student newspaper published by students for students;

(b) that the Guild condemns censorship in all areas of expression and supports freedom of speech and expression;

(c) that those criticised in any publication of the Guild have the right of reply in a publication of the Guild;

(d) that the Media Officer and Pelican Editor must—

(i) present all issues on campus in a balanced manner; and

(ii) encourage student contributions to publications of the Guild;

(e) that Pelican, the Guild diary and directory, the orientation handbook and such other publications of the Guild as the Guild Council determines, contain a disclaimer stating that the views contained in the publications are not necessarily those of the Guild or of the Guild Council;

(f) that Guild Council, individual members of Guild Council, other elected officers of the Guild and employees of the Guild will not intervene in the production of publications of the Guild except through the procedures set out in these Regulations;

(g) material will not be published in a publication of the Guild if it is found by the solicitors advising the Guild to be defamatory;

(h) material published in Pelican must be cited as having been written by—

(i) a student of the University who is a member of the Guild;

(ii) an employee of the Guild, the topic of their submission being relevant to the Guild's role in the University community; or

(iii) a fully identified author of the material; and

(i) such other matters as Guild Council determine from time to time.

6.8.7 Pelican Editor

6.8.7.1 In every year, the Guild Council will appoint the Pelican Editor no later than 1 November in the year prior to the term of office of the Pelican Editor.

6.8.7.2 The term of the Pelican Editor is from 1 February to 1 December inclusive.

6.8.7.3 To be eligible to be appointed as Pelican Editor, a person must—

(a) be an ordinary member;

(b) not have nominated for election to any position of the Guild Council, whether that be voting or otherwise in the two years prior to the date of their potential appointment as Pelican Editor;

(c) have been an ordinary member for two years prior to the date of their potential appointment as Pelican Editor or as long as they have been a student of the University, whichever is the shorter; and

(d) not have held the position of Pelican Editor for more than five months previously to the date of their potential appointment as Pelican Editor.

6.8.8 Pelican Editor

6.8.8.1 The role of the Pelican Editor is to—

(a) be responsible for all aspects of the production of Pelican except for the soliciting of advertising and associated activities;

(b) ensure that an edition of Pelican is published once a month during the University year; and

(c) ensure that each edition of Pelican complies with the Guild Media Policy.

6.8.8.2 Subject to Guild Media Policy, the Guild Council may direct, counsel or supervise the Pelican Editor in the performance of their duties.

6.8.8.3 The Pelican Editor will receive a stipend paid fortnightly and set at $16,614 per annum for 2008 for the duration of their term.

6.8.8.4 Increases in the stipend of the Pelican Editor occur only in accordance with federal safety net increases awarded through the Industrial Relations Commission or equivalent body and only when the Guild Personnel Board has confirmed that the Industrial Relations Commission or equivalent body has approved a safety net increase.

6.8.8.5 Any increase in the stipend of the Pelican Editor will take effect in the first pay period following the decision to increase the stipend by the Industrial Relations Commission.

6.8.8.6 The Pelican Editor may resign from the position by giving two months notice to the Guild.

6.8.8.7 Should the office of Pelican Editor become vacant, Guild Council will appoint a person to the position for the remainder of the term of office.

6.8.8.8 In circumstances where dismissal is reasonably justified, the Guild Council may dismiss the Pelican Editor by giving one months notice of dismissal.

6.9 MEMBERSHIP COMMITTEE

6.9.1 Role

6.9.1.1 Subject to these Regulations and the directions of the Guild Council, the role of the Memberships Committee is to develop the membership package of the Guild.

6.9.2 Membership

6.9.2.1 The Membership Committee comprises:

(a) the President;

(b) the Vice-President;

(c) two Guild Councillors, at least one of whom must be female;

(d) two ordinary members, at least one of whom must be female;

(e) the Guild Memberships Officer; and

(f) the Guild Managing Director.

6.9.2.2 The Guild Memberships Officer is the Executive Officer of the Membership Committee.

6.9.3 Quorum

6.9.3.1 The quorum for a meeting of the Memberships Committee is five, two of whom must be Guild Councillors.

6.9.4 Frequency of meetings

6.9.4.1 The Memberships Committee meets as required.

6.9.4.2 At least ten University working days notice of a meeting is given to members.

6.10 STATUTES COMMITTEE

6.10.1 Role

6.10.1.1 The role of the Statutes Committee is to—

(a) draft all proposed amendments or additions to the provisions included in the Guild Statute Book;

(b) consider and report to the Guild Council on proposed amendments or additions to the provisions included in the Guild Statute Book; and

(c) as and when requested by Guild Council or any other bodies, interpret all the provisions included in the Guild Statute Book.

6.10.2 Membership

6.10.2.1 The Statutes Committee comprises:

(a) the Chair of the Guild Council and Statutes Committee;

(b) the President;

(c) three Guild Councillors, at least one of whom must be a female; and

(d) two Ordinary non Councillor Members, at least one of whom must be a female.

6.10.3 Frequency of meetings

6.10.3.1 At least three University working days notice of a meeting is given to members.

6.10.4 General Regulations

6.10.4.1 Any person affected by an interpretation of the Statutes Committee may appeal to the Guild Council within fourteen days of the date of any interpretation.

6.10.4.2 Any person affected by an interpretation of the Statutes Committee relating to Statute 20 may appeal directly to the Senate in accordance with any procedure that the Senate decides and advises.

6.10.4.3 All decisions upon questions of interpretation determined by the Statutes Committee are recorded in an appendix to the Guild Statute Book and are followed as precedents.

6.11 STUDENT CENTRE COMMITTEE

6.11.1 Role

6.11.1.1 Subject to these Regulations and the directions of the Guild Council, the role of the Student Centre Committee is to—

(a) oversee, and make recommendations to the Guild Council with respect to the welfare and education activities of the Guild, particularly the activities of the Education Office and Student Centre; and

(b) liaise, where appropriate, with the Welfare Committee, the Education Council and the Student Services Committee.

6.11.2 Membership

6.11.2.1 The Student Centre Committee comprises:

(a) the President;

(b) the Guild Welfare Officer;

(c) the Education Council President.

6.11.2.2 The following are standing invitees to meetings of the committee:

(a) the Senior Education Officer; and

(b) the Education Officer(s).

6.11.2.3 The Senior Education Officer is the Executive Officer of the Student Centre Committee.

6.11.3 Quorum

6.11.3.1 The quorum for a meeting of the Student Centre Committee is three, one of whom must be a Guild Councillor.

6.11.4 Frequency of meetings

6.11.4.1 The Student Centre Committee meets as required.

6.11.4.2 At least ten University working days notice of a meeting is given to members.

6.12 STUDENT SERVICES COMMITTEE

6.12.1 Role

6.12.1.1 Subject to these Regulations and the directions of the Guild Council, the role of the Student Services Committee is to—

(a) be a forum for enabling communication between various divisions and areas of the Guild; and

(b) oversee orientation activities and any other activities that require co-operation between divisions or areas.

6.12.2 Membership

6.12.2.1 The Student Services Committee comprises:

(a) the President as Chair;

(b) the Societies Council President, or her/his nominee;

(c) the Education Council President, or their nominee;

(d) the Public Affairs Council President, or their nominee;

(e) the Welfare Officer;

(f) the Vice-President; and

(g) four ordinary members at least one of whom must be a female.

6.12.2.2 The following are standing invitees to meetings of the committee:

(a) the Marketing Officer;

(b) the Senior Education Officer;

(c) the Activities Officer;

(d) the Media Officer; and

(e) the Managing Director.

6.12.2.3 The Managing Director is the Executive Officer of the Student Services Committee.

6.12.2.4 In the event that at any time the positions of any of the permanent Guild staff positions, that are specified as standing invitees of the Student Services Committee do not exist, then the person occupying the nearest equivalent position is invited to attend the Student Services Committee.

6.12.2.5 In relation to 6.12.2.4, the nearest equivalent position is determined by the Personnel Board (as set out in the Guild Enterprise Bargaining Agreement) in its absolute discretion.

6.12.3 Quorum

6.12.3.1 The quorum for a meeting of the Student Services Committee is five, three of whom must be Guild Councillors.

6.12.4 Frequency of meetings

6.12.4.1 The Student Services Committee meets as required.

6.12.4.2 At least three University working days notice of a meeting is given to members.

6.13 TAVERN COMMITTEE

6.13.1 Role

6.13.1.1 Subject to these Regulations and the directions of the Guild Council, the role of the Tavern Committee is to—

(a) control, manage, and maintain the furnishings, fittings, goods, and chattels relating to the facilities of the Tavern and which are owned by the Guild;

(b) oversee the operation of the Tavern and report to Guild Council on ways to improve the operations of the Tavern;

(c) address any criticisms of the operations of the Tavern;

(d) report as required to the Personnel Board, Finance and Planning Committee and Guild Council;

(e) advise the Finance and Planning Committee on all matters relating to structural alterations and additions to the Tavern;

(f) with regard to (d), obtain such plans, drawings, reports and expert advice as it may consider necessary; and

(g) recommend to Finance and Planning Committee a scale of charges to apply to the services and goods offered at the Tavern.

6.13.2 Powers

6.13.2.1 The Tavern Committee has the power to make rules and regulations regarding the proper administration of the Tavern, subject to the approval of Guild Council and the laws, regulations and By-Laws under which the Tavern operates.

6.13.3 Membership

6.13.3.1 The Guild Tavern Committee comprises:

(a) the President;

(b) the Guild Treasurer;

(c) three ordinary members at least one of whom must be female; and

(d) two Guild Councillors, at least one of whom must be female.

6.13.3.2 The following are standing invitees to meetings of the committee:

(a) the Manager of the Tavern; and

(b) the Guild Activities Officer.

6.13.3.3 The chair of the Tavern Committee is elected by Guild Council at the December meeting of each year from the members of the Tavern Committee who are also Guild Councillors.

6.13.3.4 The manager of the Tavern is the Executive Officer of the Tavern Committee.

6.13.3.5 The Executive Officer may invite the Director of the Guild Catering Division and the Director of Guild Finance Division to attend meetings as an observer.

6.13.3.6 Guild Council may resolve to co-opt non-voting members to the Tavern Committee as required.

6.13.4 Quorum

6.13.4.1 The quorum for a meeting of the Tavern Committee is three, one of whom must be the President.

6.13.5 General Regulations

6.13.5.1 The chair of the Tavern Committee will report to the monthly meeting of the Finance and Planning Committee on all matters relating to the Tavern.

6.13.5.2 The Tavern must provide, wherever possible, low cost alcoholic beverages to Guild members.

6.14 WELFARE COMMITTEE

6.14.1 Role

6.14.1.1 Subject to these Regulations and the directions of the Guild Council, the role of the Welfare Committee is to—

(a) organise the welfare activities and campaigns of the Guild; and

(b) liaise, where appropriate, with the Guild Education Office and Guild Department Officers.

6.14.2 Membership

6.14.2.1 The Welfare Committee comprises:

(a) the Guild Welfare Officer;

(b) the President;

(c) the Education Council President;

(d) two Guild Councillors, one of whom must be female; and

(e) two ordinary members, at least one of whom must be female.

6.14.2.2 The Guild Welfare Officer is the Executive Officer of the Welfare Committee.

6.14.3 Quorum

6.14.3.1 The quorum for a meeting of the Welfare Committee is three, two of whom must be Guild Councillors.

6.14.4 Frequency of meetings

6.14.4.1 The Welfare Committee meets as required.

6.14.4.2 At least ten University working days notice of a meeting is given to members.

6.15 STANDING COMMITTEE

6.15.1 General Regulations

6.15.1.1 The Guild Council, with the approval of a simple majority of those present and voting at a Guild Council meeting, may establish standing committees designed to assist in achieving the objects of the Guild as stated in Section 2(a) to (d) of Statute 20.

6.15.1.2 Unless the Guild Council specifies otherwise, the President is an ex-officio member of all standing committees.

6.15.1.3 The membership and roles of all standing committees established under these Regulations may be altered with the approval of a simple majority of those present and voting at a Guild Council meeting.

 

Guild Departments

7.1 Role

7.1.1 The role of each departmental committee is to—

(a) assist the Department Officer; and

(b) address all matters referred to it by the Guild Council.

7.1.2 The role of each department is the same as the role of the person elected to the position in the second column of the Fourth Schedule of these Regulations.

7.2 Departments

7.2.1 The Guild Departments are the:

(a) Aboriginal and Torres Strait Islander Students Department;

(b) Environment Department;

(c) International Students Service;

(d) Postgraduate Students Association;

(e) Queer Department;

(f) Student Parent On Campus Department; and

(g) Women's Department.

7.2.2 The Guild Council may resolve to create additional departments from time to time, however no two departments must fill substantially the same role.

7.3 General Regulations

7.3.1 Subject to these Regulations, the roles and rights of committee members are decided by the general meeting of students defined in Regulation 7.3.6.

7.3.2 Guild departments have the power to make rules for the proper conduct of its affairs. 

7.3.3 All rules and alterations to such rules must be ratified by Guild Council and then included in the Guild Statute Book.

7.3.4 The department officer of each Guild department is the person elected to the position in the second column of the Fourth Schedule of these Regulations.

7.3.5 Each department officer will provide, in relation to their Guild department, for the information for the Guild Finance and Planning Committee, a copy of the budget for the current academic year together with its financial statements.

7.3.6 Each department officer will convene a meeting of students listed in column 3 of the Fourth Schedule of these Regulations.

7.3.7 The meeting will elect by the rules of proportional representation as described in the Second Schedule of the election regulations, a departmental committee.

7.4 Guild Department Ordinary General Meetings

7.4.1 Each Guild department will hold one ordinary general meeting in first and second semester.

7.4.2 The department officer will ensure that notice specifying the time and place of an ordinary general meeting of their department is displayed on the Guild noticeboards at least five University working days prior to the date of the proposed ordinary general meeting.

7.4.3 The order of business for an ordinary general meeting of a Guild department is:

(a)  confirmation of the minutes of the previous ordinary general meeting and of any special general meetings held since the last ordinary general meeting of the Guild department;

(b) department officer's report (second semester ordinary general meeting only);

(c) consideration of the current budget or upcoming budget as appropriate;

(d) motions on notice; and

(e) general business.

7.4.4 At the ordinary general meeting of Guild departments held during second semester, the department officer will give a report on the activities of the Guild department which is provided in written form to the Guild Council.

7.5 Guild Department Special General Meetings

7.5.1 The department officer will call a special general meeting of the relevant Guild department—

(a)  at the direction of the Guild Council;

(b) at the direction of the department committee; or

(c) on the written requisition of at least twenty members qualified to vote at a meeting of that Guild department.

7.5.2 The department officer must call a special general meeting within ten days of receiving a direction or requisition under Regulation 7.5.1.

7.5.3 If the department officer fails to do so, the persons named in the direction or requisition are entitled to call a special general meeting of that department.

7.5.4 A special general meeting of a Guild department must be held—

(a) within fourteen days from the date that the departmental officer received the direction or requisition; and

(b) at the time and place nominated by the department officer.

7.5.5 All directions and requisitions for a special general meeting of a Guild department must specify the business for which such meeting is called.

7.5.6 Only business specified in the direction or requisition is discussed at that special general meeting.

7.5.7 The department officer will ensure that a notice, specifying the time and place of a special general meeting of their department, is displayed on the Guild noticeboards at least three University working days prior to the date of the proposed special general meeting.

7.6 Rules of Guild Department Meetings

7.6.1 The department officer is entitled to act as chair at the meeting. If a department officer nominates not to act as chair, the members present will elect a chair from among those present.

7.6.2 The chair of the meeting has an ordinary vote and casting vote.

7.6.3 The quorum for a Guild department meeting is twenty students.

7.6.4 If, at the expiration of thirty minutes from the time appointed for the commencement of a Guild department meeting, there is no quorum, the meeting will lapse.

7.6.5 Unless otherwise provided in these Regulations, all Guild department meetings are conducted in accordance with the procedures set out in the standing orders.

7.6.6 A Guild department meeting cannot be held on a day during the student vacation period as published in the University calendar from year to year.

7.6.7 A Department Officer will—

(a) be provided with telephone and office facilities sufficient to carry out their role under these Regulations;

(b) hold standing invitee status at all Guild Council meetings;

(c) attend all meetings of the Public Affairs Council and Education Council and report on these meetings to the relevant Guild department; and

(d) be eligible for election as a voting member of a Guild committee under Regulation 6.1.1 and will not be eligible for election under Regulation 6.1.4.

7.6.8 The total dollar amount of funding provided to each Guild department by the Guild is determined by the Guild Council.

7.6.9 Subject to these Regulations, the purposes for which the funding provided to each Guild department is expended is at the discretion of the relevant department officer.

7.6.10 The following positions are elected at the annual general meeting of the department:

(a)  the Postgraduate Students' Association President;

(b) the Queer Officers; and

(c) the Guild Aboriginal and Torres Strait Islander Students Department.

7.7 International Student Services

7.7.1 Role

7.7.1.1 The role of the International Student Services (I.S.S.) Committee is to—

(a) foster co-operation amongst international students and also between international and other students on campus;

(b) encourage discussion and take action on matters of interest to international students, including social awareness;

(c) promote the welfare of international students;

(d) work to implement approved policies of the I.S.S. Committee; and

(e) work to implement approved policies of the National I.S.S Conference subject to the approval of the I.S.S. Committee.

7.7.2 Membership

7.7.2.1 The I.S.S. Executive comprises:

(a) the Director;

(b) the Secretary;

(c) the Treasurer;

(d) the Deputy Director (Social);

(e) the Deputy Director (Welfare and Education);

(f) the Liaison Officer;

(g) the Welfare and Education Officer;

(h) the Sports Secretary;

(i) the Social Secretary; and

(j) the Editor of ISS publications.

7.7.2.2 The director of I.S.S.—

(a) is elected in accordance with the Election Regulations;

(b) must regularly report to Guild Council on the activities of the I.S.S.; and

(c) must present an annual report to the November meeting of Guild Council on the activities of the I.S.S.

7.7.2.3  Members of the I.S.S. Executive, other than the director—

(a) are elected by the I.S.S. Committee at its second semester meeting each year;

(b) can be nominated by an international student who is a member; and

(c) can declare a position vacant with a two-thirds majority of members.

7.7.2.4  Each international student organisation affiliated to the Guild will appoint two delegates to the I.S.S. Committee.

7.7.2.5 Delegates are appointed prior to the first semester meeting of the I.S.S. Committee.

7.7.2.6 The I.S.S. is governed by the I.S.S. Committee.

7.7.2.7 The I.S.S. Committee has the power to make rules for the proper conduct of its affairs. 

7.7.2.8 All rules and alterations to those rules are included in the Guild Statute Book upon receiving approval from Guild Council.

7.7.2.9 The I.S.S. Committee consists of the I.S.S. Executive and the appointed delegates of international student organisations affiliated to the Guild.

7.7.3 Quorum

7.7.3.1 The quorum of a meeting is at least half of the members of the I.S.S Committee which must include delegates representing at least half of the international student organisations affiliated with the Guild.

7.7.4 Frequency of Meetings

7.7.4.1 The I.S.S. Committee meets at least once first and second semester of each year.

7.7.4.2 Additional meetings may be held at the request of the Director.

7.7.5 General Regulations

7.7.5.1 The I.S.S Committee may form a sub-committee to deal with and report on any matters deemed necessary by the I.S.S Committee.

7.7.5.2 The policies of the I.S.S. are approved by a simple majority of the I.S.S Committee members.

7.7.5.3 As far as they are applicable to the I.S.S. Committee, the standing orders of the standing committees of the Guild will apply to all meetings of the I.S.S. Committee.

7.7.5.4 The I.S.S. Executive will prepare the budget prior to the first semester meeting of the Committee.

 

Guild Divisions

8.1 Divisions

8.1.1 The Guild has the following divisions:

(a) the Student Services and Administration Division;

(b) the Catering Division;

(c) the Financial Services and Commercial Operations Division;

(d) the Presidential Division; and

(e) any other divisions that Guild Council may determine from time to time.

8.2 General Regulations

8.2.1 All employees of the Guild belong to a Guild division.

8.2.2 The director of each Guild division will present an annual report to the November meeting of Guild Council setting out the operations of that Guild division during the year.

 

Subsidiary Councils

9.1 Councils

9.1.1 The subsidiary councils of the Guild are:

(a) the Societies Council;

(b) the Education Council; and

(c) the Public Affairs Council.

9.1.2 Unless stated otherwise, the terms of Regulation 11 apply to each of the subsidiary councils.

9.2 Membership

9.2.1 The executive of each subsidiary council is made up of the executive officers.

9.2.2 The President of each subsidiary council is elected at the Guild elections.

9.2.3 No person is elected to the position of President of a particular subsidiary council on more than one occasion.

9.2.4 Executive officers and ordinary members of the subsidiary councils—

(a) must be members of the Guild;

(b) (other than the president) are elected by the relevant subsidiary council  at the final meeting in each year: and

(c) will take office on 1 December of that year and retire on 30th November of the following year.

9.2.5 A subsidiary council may by motion declare vacant the office of any executive officer (other than the President) who has been absent from two consecutive meetings of the subsidiary council without leave of absence granted by that subsidiary council.

9.2.6 Any executive officer of a subsidiary council whose office has been declared vacant is disqualified from again becoming an executive officer of that subsidiary council until the following 30th November.

9.2.7 The President of a subsidiary council may resign their office in the manner set out in Regulation 3.1.9.

9.2.8 Any executive officer or ordinary member of a subsidiary council (other than the President) may resign their office by written notice addressed to the Guild Secretary. The resignation will take effect upon its acceptance by the relevant subsidiary council.

9.2.9 A subsidiary council will, within fifteen University working days, fill any casual vacancy amongst its executive officers, other than the President, by an election of which at least ten University working days notice is given by the display on Guild notice boards of a notice inviting nominations for the vacant position. 

9.3 General Regulations

9.3.1 The Guild President is a voting member of all subsidiary councils but need not attend subsidiary council meetings.

9.4 Subsidiary Council's Executive Officers

9.4.1 President

9.4.1.1 The President of a subsidiary council—

(a) will preside at all meetings of the subsidiary council;

(b) is an ex-officio member of all committees of that subsidiary council;

(c) will regularly report to Guild Council on the activities, role and responsibilities undertaken by the subsidiary council;

(d) will present an annual report to the November Guild Council meeting on the activities, role and responsibilities undertaken by the subsidiary council during the year; and

(e) must not sit on the executive of a body affiliated to the associated affiliated council.

9.4.2 Vice-President

9.4.2.1 The Vice-President of a subsidiary council—

(a) will assist the President;

(b) has, in the absence of the President, all the powers and roles attached to the office of President of a subsidiary council that relates to the affairs of that subsidiary council; and

(c) will, in the absence of the President, become an ex-officio member of all committees of which the President was an ex-officio member (except Guild Council).

9.4.3 Secretary

9.4.3.1 The Secretary of a subsidiary council will—

(a) keep a record of all proceedings of the subsidiary council;

(b) call all meetings of the subsidiary council;

(c) call all meetings of committees of the subsidiary council and act as Secretary of those committees;

(d) keep a correct roll of membership of the subsidiary council together with such other records as the subsidiary council directs;

(e) conduct the correspondence of the subsidiary council and any committees; and

(f) generally carry out the instructions of the subsidiary council with regard to the matters listed above.

9.4.4 Treasurer

9.4.4.1 The Treasurer of a subsidiary council will—

(a) attend all meetings of the subsidiary council;

(b) make recommendations to the subsidiary council, and to the Guild Council, on matters related to the finances of the subsidiary council;

(c) in conjunction with the Guild Treasurer and Director of the Financial and Commercial Services Division, supervise all correspondence related to the finances of the subsidiary council; and

(d) carry out the will of the subsidiary council on any of the above matters.

Subsidiary Council's Affiliated Societies

9.4.5 Each affiliated society to a subsidiary council must appoint one of its committee members as a delegate and another as a deputy delegate to that subsidiary council for the duration of the academic year of the University, at least three University working days before:

(a) the first or second meeting of that subsidiary council in each year; or

(b) the first meeting after the affiliated society is affiliated by notice in writing to the Secretary of that subsidiary council.

9.4.6 Delegates and deputy delegates to the subsidiary councils must be members of the Guild.

9.4.7 Each delegate or, in their absence, the deputy delegate of an affiliated society is entitled to vote at meetings of that subsidiary council.

9.4.8 No person can represent more than one affiliated society at one time.

9.4.9 If a delegate or deputy delegate of an affiliated society becomes, for any reason, unable to attend meetings of that subsidiary council, the affiliated society concerned may, by notice in writing to the Secretary of that subsidiary council, appoint a substitute delegate or deputy delegate.

9.5 Subsidiary Council's Powers

9.5.1 Each subsidiary council has the power to make rules for the proper conduct of its affairs. 

9.5.2 All rules and amendments to rules must be approved by Guild Council at a Guild Council meeting.

9.5.3 All rules and alterations made to rules of subsidiary councils are included in upon the Guild Statute Book upon receiving the approval of Guild Council.

9.5.4 The rules of a subsidiary council must comply with Statute No. 20, these Regulations and By-Laws of the Guild.

9.5.5 Any subsidiary council may impose fines for each offence of a breach of that subsidiary council's rules in accordance with its powers under Regulation 15.3.5.

9.6 Subsidiary Council's Meetings

9.6.1 Quorum

9.6.1.1 The quorum for a meeting of a subsidiary council is one third of its members, of which at least two must be executive officers.

9.6.2 Frequency of Meetings

9.6.2.1 Each subsidiary council must hold at least two ordinary meetings in each academic semester at the University.

9.6.2.2 A subsidiary council may hold special meetings from time to time as nominated by the subsidiary council or its executive.

9.6.2.3 Three or more affiliated societies may requisition the subsidiary council to which they are affiliated to hold a special meeting.

9.6.2.4 The relevant subsidiary council must hold a special meeting in relation to the requisition within fourteen days of receipt of the requisition.

9.6.2.5 Subject to any rules made by a subsidiary council in accordance with these Regulations, all meetings of a subsidiary council are conducted in accordance with the procedures set out in the standing orders of the councils of the Guild.

9.6.3 General Regulations

9.6.3.1 The Guild Council may, upon its own motion, review, alter or rescind any decision of any subsidiary council.

9.7 Subsidiary Council's Financial Procedures

9.7.1 All subsidiary councils will provide a budget at the commencement of each academic year which includes an estimate of all receipts and disbursements for the current financial year to the Guild Finance and Planning Committee for review. 

9.7.2 The budgets of the subsidiary councils must be approved by the Guild Council after review by the Guild Finance and Planning Committee.

9.7.3 Unless the Treasurer of the relevant affiliated society is given, with seven days notice to provide to the relevant subsidiary council, a written explanation and evidence that the grant has been applied appropriately, the Societies Council, the Public Affairs Council and the Finance and Planning Committee may revoke any grant it has made if the affiliated society—

(a) fails to apply the grant to the purpose for which it was made within one month of receipt of the grant monies; or

(b) fails to comply with the conditions of the grant as advised by the relevant subsidiary council.

9.7.4 The Societies Council, the Public Affairs Council and the Finance and Planning Committee has the discretion to nominate to not revoke a grant upon consideration of the written explanation and evidence provided by the Treasurer of an affiliated society in accordance with Regulation 9.7.3.

9.8 SOCIETIES COUNCIL

9.8.1 Role

9.8.1.1 The role of the Societies Council is to control all social and cultural activities within the Guild.

9.8.2 Membership

9.8.2.1 The Societies Council comprises:

(a) the executive officers of the Societies Council;

(b) the delegates of the Societies Council's affiliated societies;

(c) the immediate past President of the Societies Council; and

(d) three ordinary committee members.

9.8.3 General Regulations

9.8.3.1 The Societies Council has a Finance Sub-Committee to advise the Societies Council on its expenditure.

9.8.3.2 The composition, powers and role of the Societies Council Finance Sub-Committee are set out in the rules of the Societies Council made in accordance with these Regulations.

9.9 EDUCATION COUNCIL

9.9.1 Role

9.9.1.1 The role of the Education Council is to—

(a) encourage academic co-operation at all levels;

(b) examine matters of mutual interest between faculty societies and the Guild;

(c) encourage discussion and action on education matters;

(d) foster interaction between staff and students of the University;

(e) encourage co-operation between faculty societies;

(f) examine the student learning experience at all levels;

(g) make comments and take action as the Education Council decides, subject to the proviso that, pending confirmation by Guild Council, motions may be put into effect two week days after the production of the minutes, provided that, if in the course of two week days, any Guild Council member objects in writing to any item, the item will be laid aside for discussion at Guild Council; and

(h) co-operate with other organisations to further the aims set out above.

9.9.2 Powers

9.9.2.1 The Education Council has power to raise money for its administration and to carry out of its purposes as set out in these Regulations.

9.9.3 Membership

9.9.3.1 The Education Council comprises:

(a) the executive officers of the Education Council;

(b) the Guild President;

(c) the delegates of the Education Council's affiliated societies;

(d) two ordinary committee members; and

(e) a representative of each of the faculty societies to be elected from and by their respective annual general meetings.

9.9.3.2 The following are standing invitees of the committee:

(a) Immediate Past President of Education Council;

(b) the Education Officers;

(c) the Senate Student Representatives;

(d) the Women's Affairs Officer;

(e) the Postgraduate Students' Department Officer;

(f) the Environment Department Officer;

(g) the International Students' Service Department Officer;

(h) the Aboriginal and Torres Strait Islander Students' Department Officer;

(i) the Queer Officers; and

(j) the Welfare Officer.

9.9.4 Quorum

9.9.4.1 The quorum for a meeting of the Education Council is two executive officers, and members from at least two-thirds of the faculty societies.

9.9.5 Education Action Network

9.9.5.1 There is an Education Council Campaigns Committee which works under the name of Education Action Network.

9.9.5.2 The Education Action Network consists of the Vice-President of the Education Council and interested members.

9.9.5.3 The Education Action Network makes recommendations to, and implements the policy of, the Education Council.

9.9.5.4 The Education Action network has a budget allocation representing not less than 30 per cent of the total Education Council budget.

9.10 PUBLIC AFFAIRS COUNCIL

9.10.1 Role

9.10.1.1 The role of the Public Affairs Council is to promote student interest and participation in political and social issues and cultural activities and is a recognised means of such participation.

9.10.2 Membership

9.10.2.1 The Public Affairs Council comprises:

(a) the executive officers of the Public Affairs Council;

(b) directors of the Public Affairs Council (elected under Regulation 9.10.2.2);

(c) delegates of the Public Affairs Council's affiliated societies executive officers;

(d) three ordinary committee members;

(e) Immediate Past President of the Public Affairs Council;

(f) Aboriginal and Torres Strait Islander Students Department Officer;

(g) Environment Department Officer;

(h) International Students Service Department Officer;

(i)  Postgraduate Students Department Officer;

(j) Queer Officers; and

(k) Women's Affairs Officer.

9.10.2.2 The Public Affairs Council may elect up to five persons, to be known as directors, to direct activities determined by the Public Affairs Council.

 

Registration of University Societies

10.1 General Regulations

10.1.1 An organisation may apply to the Guild Council for registration as a University society provided that—

(a) it is a club, society or association within or connected with the University;

(b) it has at least twenty members;

(c) it has a minimum membership fee of four dollars; and 

(d) its constitution does not contain any disciplinary measures relating to non-participation in any sort of initiation ceremony. 

10.1.2 Any club, society or association currently registered with the Guild Council having such a constitutional provision allowing disciplinary measures for non-participation in an initiation ceremony is deemed to be de-registered.

10.1.3 An organisation which has fewer than twenty members will not be registered with the Guild.

10.1.4 Any decision of a Guild Council meeting relating to registration of a University society may be reversed at the next ordinary general meeting.

10.1.5 The Guild Secretary will keep a register of all University societies which records the following:

(a) its name and objects;

(b) the name and address of the Secretary of the University society; and

(c) the names of the persons comprising its committee, council or other administrative body.

10.1.6 Every University society will, within one month of registration and annually on an on-going basis, elect in a general meeting, an executive which will include at least a President, Secretary, Treasurer, or equivalent office bearers.

10.1.7 All University societies will comply with the regulations and provisions included in the Guild Statute Book.

10.1.8 The executive officers of each University society are jointly and severally responsible for compliance by the University society of regulations and provisions included in the Guild Statute Book.

10.1.9 The Secretary of every University society (or in their absence, any person acting in the capacity of Secretary) will—

(a) provide the Guild Secretary with the information required to be recorded in the register of University societies before the end of the first academic semester;

(b) lodge with the Guild Secretary a copy of the constitution and rules of the University Society; and

(c) notify the Guild Secretary of any alteration made to the items described under (a) and (b) within fourteen days of such alterations.

10.1.10 The Guild may remove the name of a University society from the register of University societies for the following causes:

(a) persistent breaches of regulations and provisions included in the Guild Statute Book;

(b) repeated non-compliance with any resolution passed by the Guild Council, or the subsidiary council to which the relevant University society is affiliated;

(c) failure of the University society to conduct its affairs in accordance with its constitution;

(d) non-compliance with Regulation 10.1.9;

(e) conduct which brings the Guild or the society into serious disrepute;

(f) upon the written application of the University society; or

(g) contravention of the State of Western Australia or Commonwealth of Australia laws in force at the time.

 

Affiliation of University Societies

11.1 General Regulations

11.1.1 The committee of any University society may in writing, signed by an executive officer of the University society, apply to become an affiliated society with any subsidiary council (excluding the Education Council).

11.1.2 A University society cannot become an affiliated society where the constitution of such University society contains any disciplinary measures relating to non-participation in any sort of initiation ceremony.

11.1.3 The subsidiary council must review and approve the rules of the University society applying to be affiliated with it before approving the affiliation of the University society itself.

11.1.4 Subject to Regulation 11.1.2, a subsidiary council may approve a University society to be affiliated with that subsidiary council.

11.1.5 The approval of an application made by a University society to become affiliated with a subsidiary council is recorded as soon as practicable by the Guild Secretary in a register of affiliated societies.

11.1.6 Affiliation with a subsidiary council is deemed to commence from the date upon which the record is made in the register of affiliated societies.

11.1.7 Any alterations to the rules of an affiliated society must be approved by the relevant subsidiary council before they come into force.

11.1.8 No incorporated body is entitled to exercise any of the privileges or rights of an affiliated society under these Regulations—

(a) until it has agreed to comply with all provisions relating to affiliated societies included in the Guild Statute Book;

(b) unless the constitution and rules of the incorporated body includes a provision binding its members to comply with all provisions relating to affiliated societies included in the Guild Statute Book; and

(c) until the provision contemplated by (b) is approved by the Guild Statutes Committee.

11.1.9 An affiliated society cannot become an incorporated body without the consent of the Guild Council upon the recommendation of the affiliated society concerned.

 

Affiliated Societies Membership

12.1 Membership

12.1.1 The following are entitled to become a member of an affiliated society:

(a) any student of the University;

(b) an ordinary member;

(c) an associate member;

(d) an honorary life associate;

(e) a member of the Senate; and

(f) staff of the University.

12.1.2 A minimum of half of the executive officers of each affiliated society must be ordinary members.

12.1.3 An affiliated society may elect to make a person who is or has been a member (under Regulation 12.1.1) an honorary life member or associate member of the affiliated society.

12.1.4 An honorary life member or associate member of an affiliated society may not hold an executive officer position nor exercise a vote.

12.2 General Regulations

12.2.1 The Guild is only represented in sporting or other competitive activities by an affiliated society where—

(a)  the relevant subsidiary council has consented to such representation; and

(b) those seeking to represent the Guild are members of that affiliated society.

12.2.2 Any person who participates in a sporting or non-sporting competition (other that intramural competitions) conducted by an affiliated society is deemed to be representing the Guild if such activity is—

(a) an inter-university competition; or

(b) in such other cases as the relevant subsidiary council may determine from time to time.

12.2.3 All affiliated societies must comply with the rules of the subsidiary council to which they are affiliated and the rules of the Guild included in the Guild Statute Book.

12.2.4 The executive officers and members of an affiliated society are jointly and severally responsible for compliance of their affiliated society with clause 12.2.3 and are liable for any non-compliance.

12.2.5 The affairs of all affiliated societies are conducted in accordance with the constitution and rules of the affiliated society and are subject to—

(a)  the rules of the Guild included in the Guild Statute Book; and

(b) any resolution passed by the Guild Council or any subsidiary council to which the affiliated society is affiliated.

12.2.6 The Guild Council may suspend the rights and privileges attached to affiliation to a subsidiary council of an affiliated society for any period where that affiliated society has not complied with—

(a) the rules of the Guild included in the Guild Statute Book;

(b) the terms of any resolution passed by the Guild Council or any subsidiary council to which the affiliated society is affiliated; or

(c) any authorised requirements of the Finance and Planning Committee.

12.2.7 An affiliated society may be disaffiliated by the relevant subsidiary council where the society—

(a) persistently breaches the rules of the Guild included in the Guild Statute Book which relate to its affiliation; or

(b) is repeatedly non-compliant with the terms of any resolution passed by the Guild Council or its subsidiary council, provided that the ordinary general meeting of the Guild Council immediately following a disaffiliation may reverse such a decision.

12.2.8 A University society may withdraw from affiliation with a subsidiary council upon the—

(a) University society submitting a recommendation to the relevant subsidiary council that has been approved by two successive general meetings of the University society, where such meetings are held at intervals of not less than one month; and

(b) relevant subsidiary council approving the request in clause (a).

12.2.9 An affiliated society may make rules for the proper conduct of its affairs and for the control of its property and any property of the Guild that the affiliated society controls.

12.2.10 Rules made by an affiliated society must be approved by the relevant subsidiary council.

 

Faculty Societies

13.1 General Regulations

13.1.1 The Guild Council may register, as an additional faculty society, any society which—

(a) has, as its chief aim, the representation of students of the University by virtue of their membership of a University faculty, school or department;

(b) is directly associated with a University degree, having in its title the name of the faculty or school concerned; and

(c) does not unreasonably overlap with an existing faculty society registered with the Guild.

13.1.2 The registered faculty societies of the University are the:

(a) Agricultural Club;

(b) Architectural, Landscape and Fine Arts (ALFA) Students' Association;

(c) Arts Union;

(d) Blackstone Society;

(e) Dental Students' Society;

(f) Economics and Commerce Students' Society;

(g) Education Union;

(h) Health Science Society;

(i) Music Students' Society;

(j) Science Union;

(k) University Engineers Club; and

(l) Western Australian Medical Student's Society.

13.1.3 Notwithstanding the requirements of clause 13.1, Guild Council will consider on its merits each application for registration as a faculty society by a faculty or school.

13.1.4 Within the first three weeks of the start of first semester of the academic year, each faculty society will provide the Guild Executive with a copy of its budget for the current academic year together with its financial statements for the previous academic year.

13.1.5 All students included in a faculty may vote in an election held to fill a vacancy of an elected office of the faculty society provided that the student is an ordinary member of the Guild.

13.1.6 Monies granted to Faculty societies by the Guild must only be applied for the purposes of providing amenities or services for students or for the development of cultural, social, sporting or recreational activities related to the University.

13.1.7 Faculty societies must not use any monies provided by the Guild for the purpose of making a gift.

 

Discipline Procedures

14.1 Disciplinary Officers

14.1.1 The role of the disciplinary officers is to—

(a) enforce compliance with the Guild Rules; and

(b) refer contraventions of the Guild Rules to the Discipline Committee.

14.1.2 The Disciplinary Officers of the Guild comprise:

(a) Guild Councillors who are ordinary members;

(b) executive officers of the Societies Council, the Education Council and the Public Affairs Council; and

(c) members appointed by the Guild Council.

14.1.3 A member who impedes a disciplinary officer in the exercise of their role is liable to the penalties applicable to serious offences as set out in these Regulations.

14.1.4 If, in the opinion of a disciplinary officer, there is a serious contravention or persistent contraventions of the Guild Rules included in the Statute Book, the Disciplinary Officer may exclude the person or persons responsible for the contraventions from the buildings occupied by the Guild until the next meeting of the Disciplinary Committee. 

 

Discipline Committee

15.1 Role

15.1.1 The role of the Discipline Committee is to investigate all charges of contraventions of the Guild rules or rules of any subsidiary council referred to under these Regulations, and to impose penalties described in these Regulations.

15.2 Membership

15.2.1 The Discipline Committee comprises:

(a) the President as Chair;

(b) the Secretary; and

(c) three Guild Councillors, at least one of whom must be a female.

15.2.2 The Secretary is the Executive Officer of the Discipline Committee.

15.3 General Regulations

15.3.1 The deliberations and decisions of the Discipline Committee are confidential.  

15.3.2 Subject to these Regulations, the Discipline Committee decides its own procedure and may determine that the submission of evidence may be confidential. 

15.3.3 Decisions of the Discipline Committee are subject to review by Guild Council.

15.3.4 Any person affected by a decision of the Discipline Committee may appeal to the Guild Council within fourteen days of the date of any decision.

15.3.5 Any subsidiary council or Guild committee which is granted power to make rules and impose fines for the breach of its rules or the Guild Rules, may refer any contravention of the rules to the Disciplinary Committee.

15.3.6 Before any investigation is commenced by the Discipline Committee, the executive officer must provide the person or persons charged with a contravention of the Guild rules with a notice in writing requiring the person or persons to appear before the Discipline Committee.

15.3.7 The notice required under clause 15.3.6 must include—

(a) details of the alleged contravention of the Guild rules;

(b) reference to the particular Guild rules allegedly contravened;

(c) the date, time and place that the person or persons are required to appear before the Discipline Committee; and

(d) a copy of the part of these Regulations concerning the Discipline Committee.

15.3.8 A person or persons served with a notice under clause 15.3.6 will attend and appear before the Discipline Committee as required or submit a written explanation in relation to the charges of contravention of the Guild rules to the executive officer of the Discipline Committee.

15.3.9 The Discipline Committee may proceed with the investigation notwithstanding the non-attendance of the person or persons charged if the Discipline Committee is satisfied that the notice to attend was duly served on the relevant person or persons.

15.3.10 The executive officer of the Discipline Committee may, by not less than four working days notice in writing, require any ordinary member or associate member to attend at a stated time before the Discipline Committee for the purposes of providing evidence.

15.3.11 An ordinary member or associate member served with a notice under clause 15.3.10.

15.3.12 All persons required to appear before the Discipline Committee are allowed representation.

15.3.13 The Discipline Committee may admit evidence by declaration made in the form provided by Regulation 25.1 and 26.1.2.

15.3.14 The Discipline Committee may permit persons who are not ordinary members or associate members to provide evidence to the Discipline Committee.

15.3.15 The Discipline Committee may permit any group of ordinary members or associate members (or both) or any University society, required to appear before the Discipline Committee, to appear by a representative.

15.3.16 An ordinary member or associate member whose conduct, in the opinion of the Discipline Committee, constitutes contempt of the Discipline Committee, is liable to the penalties applicable under clause 16.2.1.

15.3.17 Where a person is charged with persistent breaches of Guild Rules or has not paid any fine imposed by the Discipline Committee within the prescribed period, the Discipline Committee may recommend to the Guild Council that action be taken by the Guild Council in the terms of Regulation 16.2.2.

15.3.18 The Discipline Committee may exclude the person or persons concerned from the buildings occupied by the Guild until the Guild Council meets to consider the recommendation of the Discipline Committee.

15.3.19 As soon as practicable after the Discipline Committee has reached a conclusion in relation to any particular investigation and made a decision in relation to penalties to be applied, the executive officer of the Discipline Committee will serve notice of the particulars of the conclusion and decision on the—

(a) persons or University Society charged with contraventions of the Guild Rules; and

(b) disciplinary officer, subsidiary council, Guild committee or University society that referred the matter to the Discipline Committee for investigation.

15.3.20 If the Discipline Committee has imposed a fine, the notice required under clause 15.3.19 must also inform the persons or University society on which the fine has been imposed of the right of appeal under clause 16.2.11 to 16.2.15 and Chapter 17 inclusive, and must provide a copy of the part of these Regulations relating to appeals.

 

Discipline Penalties

16.1 General Regulations

16.1.1 The chair of the Discipline Committee will submit a written report of the investigation to the Guild Council at the first Guild Council meeting after the Discipline Committee has made its decision.

16.1.2 The report will include—

(a) copies of all written declarations and other documentary evidence presented to the Discipline Committee;

(b) a summary of oral evidence presented to the Discipline Committee;

(c) particulars of the decision; and

(d) reasons for the decision.

16.1.3 Any member of the Discipline Committee may submit a dissenting report to the Guild Council.

16.1.4 The Guild Council is not able to vary or set aside any decision of the Discipline Committee unless an appeal is made by the relevant persons or University society.

16.2 Penalties

16.2.1 Except where otherwise expressly provided, an ordinary member or associate member who contravenes the Guild rules is liable to perform or pay (as relevant) the following fines:

(a) for a first offence, a fine not exceeding $40;

(b) for a subsequent offence of the same nature as a prior offence, a fine not exceeding $100;

(c) for a serious offence, or any third or subsequent offence, or for non-payment of a fine within the prescribed period, a fine not exceeding $200; or

(d) any other non-monetary punishment that the Discipline Committee deems fit.

16.2.2 Where a person has—

(a)  committed a serious contravention,

(b) committed a third or subsequent contravention of Guild Rules, or

(c) not paid any fine imposed by the Discipline Committee within the prescribed period,

the Guild Council, on recommendation of the Discipline Committee under clause 15.3.17, may in addition to any other penalty imposed in terms of clause 16.2.1:

(a) exclude the person for a period not exceeding one year from all buildings occupied by the Guild; or

(b) recommend to the Senate that the person be expelled from, suspended for a specified period from, or not readmitted to the University.

16.2.3 A penalty may be imposed collectively upon a group of members, associates or both, or upon a University society, if it is found that the individuals of the group or society were jointly and severally responsible for the offence or that the individual or individuals responsible belong to the group or society but cannot be identified.

16.2.4 Unless determined otherwise by the Appeals or Discipline Committees, any fines imposed for the contravention of any of the provisions included in the Guild Statute Book are paid within fourteen days.

16.2.5 An ordinary, associate or honorary life associate member of the Guild may be disciplined in accordance with these Regulations if they are shown to have—

(a) persistently committed breaches of discipline or to have flouted the authority of the Guild Council or any duly appointed employee or officer of the Guild; or

(b) behaved within the precincts in a manner which discredits the Guild of Undergraduates.

16.2.6 A member or associate who makes a false statement, knowing it to be false or not believing it to be true, in any declaration made under these Regulations or in any disciplinary investigation before the Guild Council sitting as the Appeals or Discipline Committees, is liable to a fine not exceeding $50.00.

16.2.7 Members and associates giving evidence before any such Council or committee will be warned of the penalties that may be incurred for making false statements.

16.2.8 Notices relating to disciplinary investigations or appeals may be served personally or by registered post.

16.2.9 A notice served by registered post, addressed to the person to whom it is directed at their last known place of residence, in the absence of evidence to the contrary, may be presumed to have been received by them in the ordinary course of the post.

16.2.10 A notice served on the Secretary of a University society is sufficient notice to the society.

16.2.11 A disciplinary officer, council, committee or society who referred a matter for investigation, and the person, persons or society charged, may appeal to the Guild Council against any decision of the Discipline Committee made on the matter.

16.2.12 Notice of the appeal must be in writing setting out the grounds for the appeal and must reach the Secretary of the Guild within fourteen days after the notice of the decision to which the appeal applies was served on the appellant.

16.2.13 A copy of the notice must also be served within the fourteen days upon the other party or parties concerned.

16.2.14 The notice of appeal and its service under these Regulations is the responsibility of the appellant.

16.2.15 When notice of appeal is duly given, action on the decisions of the Guild Discipline Committee must be stayed.

 

Guild Council Sitting as the Appeals Committee

17.1 General Regulations

17.1.1 The Guild Council sits as an Appeals Committee, hereafter the Appeals Committee.

17.1.2 Members of the Guild Discipline Committee are excluded from membership of the Appeals Committee.

17.1.3 The Appeals Committee elects its own chair who acts as the executive officer of the committee.

17.1.4 The Secretary of the Guild will, as soon as convenient after an Appeals Committee is appointed, provide the executive officer of that committee with three copies of each of the following:

(a) the notice of appeal;

(b) the report of the Discipline Committee;

(c) the report, if any, of any dissenting member of the Discipline Committee; and

(d) any other documents relating to the matter.

17.1.5 The Secretary of the Guild will give the appellant and any other parties concerned at least seven days notice of the date and time for the consideration of the appeal.

17.1.6 The appellant and other parties concerned are entitled to appear personally and to be represented before the Appeals Committee.

17.1.7 The Appeals Committee, when considering an appeal, may permit the appellant and other parties concerned to appear, present a case or both in such a manner or form as the committee decides.

17.1.8 In accordance with 17.1.7, the executive officer will notify the appellant and other parties of any decisions taken. 

17.1.9 The Secretary of the Guild, by not less than four working days notice in writing, may require any member or associate to give evidence to the Appeals Committee.

17.1.10 A member or associate served with such notice must attend as required.

17.1.11 The Appeals Committee may—

(a) admit evidence by declaration made under these Regulations;

(b) permit persons who are not members or associates to give evidence before it; and

(c) permit any group of members, associates or both or any University society required or entitled to appear before it to appear by a representative.

17.1.12 The Appeals Committee may confirm, reverse or vary any decision made by the Discipline Committee but may not impose penalties in excess of those authorised by these Regulations.

17.1.13 Decisions of the Appeals Committee are final and not subject to further appeal or review within the Guild.

 

Financial Regulations

18.1 General Regulations

18.1.1 The Guild must adhere to the accounting practices and principles of the Financial Administration and Audit Act 1985.

18.1.2 The Guild Council must maintain a core investment account to be known as the Guild Investment account.

18.1.3 The Guild Council must add amounts to the Guild Investment account from time to time as it sees fit.

18.1.4 The Guild Council must maintain a core Investment Income account to be known as the Guild Investment Income account.

18.1.5 The inflation adjusted return from the Guild Investment account must be transferred to the Guild Investment Income account annually.

18.1.6 The Guild must draw such sums as are required from time to time from the Investment of Investment Income Account to meet its debts as and when they fall due.

18.1.7 The Guild must maintain a Capital Works Fund.

18.1.8 The Guild Council must allocate an amount each year to the fund.

18.1.9 The Guild Council must approve a list of works that must be funded from the Capital Works fund each year.

18.1.10 Interest earned on the fund must be transferred to the Guild Central Bank Account.

18.1.11 The Guild Finance and Planning Committee must report to the Guild Council all budgets, estimated receipts and disbursements transmitted for the approval of the Guild Council in accordance with the provisions in these Regulations.

18.1.12 All monies invested by the Guild other than loans to students, registered clubs and staff, or loans to incorporated student organisations on the recommendation of the Guild Finance and Planning Committee, must be placed in investments authorised under the State of Western Australia Trustee Act or otherwise approved by the Senate of the University.

18.1.13 The financial year of the Guild ends on 31 December in each year.

18.1.14 At the conclusion of each financial year, or as required by the Guild Finance and Planning Committee, an audit of the books and vouchers of the Guild will be conducted by the persons appointed for that purpose by the Guild Council.

18.1.15 When conducting an audit, the persons appointed for that purpose by the Guild Council may require all necessary books, vouchers and other documents to be produced and delivered to them.

18.1.16 When required by the Guild Finance and Planning Committee, any affiliated University society must, at the commencement of each financial year, transmit to that committee for approval by the Guild Council, a budget which must include a detailed estimate of all receipts and disbursements of the society for the current financial year.

18.1.17 Any affiliated University society must adhere to their approved budget and as often as may be found necessary, revise their budget.

18.1.18 No grant or subsidy will be made to any University society other than a registered University society. 

18.1.19 The Societies Council and Public Affairs Council will only make grants or give subsidies to their affiliated University societies.

18.1.20 Subject to any resolution passed by the Guild Finance and Planning Committee, all accounts owing by the Guild and affiliated University societies must be paid within one month.

18.1.21 The Guild Finance and Planning Committee has the power to take any action necessary for the purpose of enforcing compliance with Regulation 18.1.20.

18.1.22 All Guild business must be transacted through the Central banking account and all moneys received for the credit of the Guild and its committee must be banked in this account.

18.1.23 The signatories for the Central banking account are the—

(a) Treasurer of the Guild;

(b) President of the Guild;

(c) Finance Director; and

(d) Managing Director.

18.1.24 Each cheque drawn by the Guild must be signed by one of the students and one of the staff members referred to in Regulation 18.1.23.

18.1.25 In an emergency two staff members or two students, referred to in Regulation 18.1.23 may sign a cheque with the prior permission of the Guild Executive.

18.1.26 All payments made from funds lodged in the Central banking account must be made by cheque crossed not negotiable and made payable to the order of the person or body of persons to whom the payment is due.

 

Student Loan Scheme

19.1 General Regulations

19.1.1 The Guild has authority to make loans to any of the members of the Guild under the following conditions.

19.1.2 Every member of the Guild is eligible to receive a loan.

19.1.3 Loans are made by the Guild Executive Committee according to the Guild policy.

19.1.4 Loans may be granted for the payment of debts or for meeting obligations relating to lump sum payments but are not generally granted where the applicant has incurred a debt knowing it cannot be met from their own resources nor in instances where the Executive Committee, having considered all the information provided, is of the opinion that the applicant could reasonably be expected to take casual employment.

19.1.5 Guild policy relating to a ceiling limit of the fund from which student loans are accessed, amount of money loaned, period of time, provisions required relating to guarantors, and interest rates to be charged, must be fixed under Guild policy each year.

 

Employees of the Guild

20.1 General Regulations

20.1.1 Employees of the Guild are responsible for implementing policy determined by elected student representatives.

20.1.2 Employees must not actively work to determine Guild policies although the advice of employees may be sought in the formation or review processes of any policy.

20.1.3 The Guild Council has the power to enter into agreements on behalf of the Guild covering the conditions of employment of employees of the Guild.

20.1.4 Notwithstanding Regulation 20.1.3, the Executive does not have the power to enter into, alter, modify or rescind, agreements on behalf of the Guild covering the conditions of employment of employees of the Guild unless specifically authorised to do so by Guild Council.

20.1.5 The Guild Council may create positions and, subject to the terms of any staff agreement, abolish positions.

20.1.6 Where the conditions of employment of Guild staff are covered by an applicable industrial award or agreement, those staff must be employed under the conditions so specified. 

20.1.7 If more that one industrial award or agreement exists which may be applicable to certain Guild staff, the conditions of employment for these staff must be determined under that particular award or agreement which is most directly applicable. 

20.1.8 Where there is no applicable industrial award or agreement covering the conditions of employment of Guild staff, the conditions of employment of these staff will be determined at the time of their appointment.

 

Guild Personnel Board

21.1 Powers

21.1.1 Subject to the authority of the Guild Council and these Regulations, the Personnel Board is vested with the authority over all staff matters.

21.2 Membership

21.2.1 The Guild Personnel Board comprises:

(a) the Guild President and Senate Representative,

(b) the Guild Vice-President,

(c) the Guild Secretary,

(d) the Guild Treasurer;

(e) one Guild Councillor, elected by Guild Council to Personnel Board (if no member of the Guild Executive is female, then this person must be female).

(f) the Managing Director as Chair;

(g) the Finance Director;

(h) the Catering Director; and

(i) the Guild Payroll Officer as a non-voting member.

21.2.2 In the event that any of the positions comprising the Personnel Board do not exist, that position must be occupied by the nearest equivalent position as determined in their absolute discretion by the remaining members of the Personnel Board.

21.2.3 No person may sit as a member of the Personnel Board if their employment is being discussed by the Board.

21.3 Quorum

21.3.1 The quorum for the Board is four, two of whom must be the Guild President and the Managing Director or the Finance Director.

21.4 Frequency of Meetings

21.4.1 The Personnel Board meets as required.

21.4.2 Members must receive forty-eight hours notice of a meeting unless all members agree to a lesser period of notice.

21.5 General Regulations

21.5.1 Any employee of the Guild who uses their time as an employee, their position, or Guild facilities in an attempt to influence the outcome of electoral processes associated with student representation at any level of the Guild, will be summarily dismissed in accordance with the provisions set out for summary dismissal in the Staff Agreement.

21.5.2 Persons employed as casual employees of the Guild must, wherever possible, be students who—

(a) are currently enrolled at the University; and

(b) are members of the Guild who do not hold any of the elected positions on Guild Council; or

(c) have not nominated for any elected position on the Guild within the previous two years.

 

Amendment to Statute 20

22.1 General Regulations

22.1.1 A Guild Council meeting or the Guild general meeting may recommend to the Senate of the University that an amendment be made to Statute 20.

22.1.2 A recommendation to amend Statute 20 must fully specify the nature of the proposed amendment but need not specify verbatim the text of the proposed amendment.

 

Statute Book

23.1 General Regulations

23.1.1 The Guild keeps a Statute Book in which a copy of each of the following and all amendments or additions must be included—

(a) Statute 20;

(b) these Regulations;

(c) By-Laws; and

(d) rules made by the Guild Council or authorised to be made under these Regulations by subsidiary bodies.

23.1.2 All provisions included in the Guild Statute Book must, in addition to the requirements of Statute 20, be signed by the President of the Guild.

23.1.3 The signature of the President of the Guild to any regulation, by-law or rule included in the Guild Statute Book must be prima facie evidence that the subject matter is within the powers of the body which has enacted it and that all due forms were observed prior to such enrolment.

23.1.4 In accordance with the provisions of these Regulations, no regulation, by-law or rule has any force or effect until included in the Guild Statute Book.

23.1.5 All provisions duly included in the Guild Statute Book must, so far as they may be applicable, be binding on all members, associates, honorary life associates and honorary life associates of the Guild and upon all University societies and their officers and members.

 

Guild Archives

24.1 Definitions

Appropriately qualified means a person is eligible for associate or professional membership of the Australian Society of Archivists.

Archive means any record which has been lodged with the Guild Archivist for its preservation, conservation and management and for use for study, research and administrative purposes and which has not be disposed of in accordance with Regulation 24.3.9.

Assistant Guild Archivist means a person who is appointed to that position by Guild Council to assist the Guild Archivist in their duties.

Disposal of Archives means the removal or retention of any archive from the Guild Archives.

Disposition Schedule means the list of classes of archives which may be disposed of or which must be retained.

Guild Archives means any archive and class of archives lodged with the Guild Archivist, as well as the place or places in which such archives are kept.

Guild Archivist means the appropriately qualified person appointed to that position by Guild Council. 

Guild Record means any record made or received by any officer of the Guild in the course of their duties.

Non-current Record means any Guild record and/or any record made or received by a registered University society which record has ceased to be in regular use in the office in which it was made or in whose custody it has been placed.

24.2 Role

24.2.1 The role of the Guild Archivist is to—

(a) accept into custody records lodged with the Guild Archivist and to take all steps necessary for their preservation, conservation and management;

(b) maintain the archives in a proper manner;

(c) advise and assist officers of the Guild and of registered University societies in matters of record management;

(d) regulate and control and/or assist access to the Guild Archives by the public in a manner consistent with the preservation, conservation and management of the archives;

(e) dispose of any archives in accordance with Regulation 24.3.9;

(f) prepare for approval of the Guild Council the form of suggested amendments or new disposition schedules as requested by Guild Council or the Managing Director or when the Guild Archivist thinks it appropriate to do so;

(g) advise the Guild Executive or Guild Council of any records or archives known or suspected by the Guild Archivist of being or having been unlawfully removed from the Guild; and

(h) present an annual report to the November meeting of Guild Council on the activities of the Guild Archivist undertaken during the year.

24.2.2 The role of the Guild Archivist under Regulation 24.2 may be delegated to the Director, Student Services.

24.3 General Regulations

24.3.1 The Assistant Guild Archivist must assist the Guild Archivist in their role and must carry out duties delegated by the Guild Archivist.

24.3.2 The Guild Archivist is allocated a proportion of the annual Guild budget for the conservation, preservation and management of the Guild Archives.

24.3.3 The Guild Statute Book and copies of Guild regulations and standing orders are kept and maintained in the Guild Archives.

24.3.4 Two copies of every publication produced for or by the Guild or any registered University society is lodged with the Guild Archivist.

24.3.5 Except for archives which have been disposed of in accordance with Regulation 24.3.9, Guild records and non-current records must not be disposed of or destroyed.

24.3.6 All non-current records made by or in the custody of the following, must be lodged with the Guild Archivist:

(a) subsidiary councils of the Guild;

(b) departments of the Guild;

(c) divisions of the Guild;

(d) committees or councils of the Guild; and

(e) registered University societies.

24.3.7 The Managing Director is responsible, with the advice of the Guild Archivist, for the maintenance of a system of records management and for ensuring that non-current Guild records are lodged with the Guild Archivist.

24.3.8 The Guild Executive must take all action necessary in the name of the Guild to recover any records or archives unlawfully removed from the Guild and/or to recover damages or compensation for unlawful removal or destruction of records or archives.

24.3.9 Archives, or the classes of archives, listed in the disposition schedule as archives which may be disposed of and any other archive which in the opinion of the Guild Archivist should not be preserved or which should not be preserved any longer must only be disposed of in accordance with the following:

(a) in the case of archives which are not included in the classes of archives which may be disposed of, or where the Guild Archivist is unsure as to whether the archive comes within the said classes in the disposition schedule—

(i) the Guild Archivist must provide to the Guild Council via its Secretary, a list of recommended archives to be disposed of; and

(ii) Guild Council must decide whether or not to approve the disposal of the archives.

24.3.10 The Guild Archivist may dispose of an archive which was a record of a registered University society by—

(a) returning the archive to the registered University society; or

(b) except where the society is no longer a registered University society, returning the archive to a former officer of the University society; or

(c) if neither (a) or (b) apply, disposing of the archive according to these Regulations. 

24.3.11 If the archive is not collected by the registered University society or its former officer within fourteen days of notification of its availability, the archive may be disposed of in accordance with these Regulations.

24.3.12 Archives that fall within the classes listed in the disposition schedule as archives which may be disposed of, or archives approved for disposal by Guild Council may, subject to Regulation 24.3.10 and 24.3.11, be disposed of by—

(a) removing the archive to another place;

(b) giving the archive to any group at the University involved in recycling paper; or

(c) disposal as the Guild Archivist sees fit, provided the method of disposal does not contravene the confidentiality provisions of Regulation 24.3.14. 

24.3.13 If a record that contains information, the disclosure or publication of which may be unlawful or may be in breach of any law, is lodged with the Guild Archivist, notification in writing of the possible unlawfulness or breach of the law contained in the archive must be forwarded to the Guild Archivist.

24.3.14 If the Guild Archivist or the Guild Executive or Guild Council is of the opinion that any record lodged, or being lodged, with the Guild Archivist—

(a) contains information of a confidential or personal nature that should not be disclosed to the public; or

(b) that the record is such that disclosure to the public would be in breach of any law,

the Guild Archivist may, in accordance with Guild policy or any directions by Guild Council, restrict or grant limited access to the archive to any person who must observe the restrictions or conditions imposed.

24.3.15 Subject to the provisions of Regulation 24.3.14, and subject to any limitations or rules imposed by the Guild Archivist for the purpose of preserving, conserving and maintaining archives, access to the Guild Archives is available to the public for study, research, information and administrative purposes.

 

Financial Administration: Audit and Reporting Requirements

25.1 General Regulations

25.1.1 The Guild is required to—

(a) adopt and comply with the accounting standards under the F.A.A.A. Act;

(b) keep such accounting records as correctly record and explain the affairs of the Guild and its financial position; and

(c) keep its accounting records in a manner that will enable:

(i) the presentation from time to time of true and fair accounts of the Guild; and

(ii) the accounts of the Guild to be conveniently and properly audited in accordance with the F.A.A.A. Act as if the Guild were a body to which the F.A.A.A. Act applies.

25.1.2 Guild Council appoints as auditor of the Guild accounts, a person or firm of registered auditors that would be eligible for appointment as an auditor to a body under the F.A.A.A. Act.

25.1.3 Within ninety days after the end of each Guild year, the Guild Council must provide the Guild's auditor with the accounts that give a true and fair view of the income, expenditure and financial affairs of the Guild for that Guild year.

25.1.4 The auditor is to exercise the powers and perform the role of auditors under the companies laws.

25.1.5 The Guild Council must cause the accounts of the Guild and the auditor's report on those accounts, in respect of each Guild year, to be prepared so as to comply with the requirements and standards with which a public statutory body is, and the director and auditors of a company are, required to comply under the companies laws.

25.1.6 Within four and a half months after the end of each Guild year, Guild Council is to transmit to the Senate, a report of the proceedings of the Guild which includes the accounts and auditor's reports, for that year.

 

Miscellaneous

26.1 General Regulations

26.1.1 Any officer of the Guild may require a declaration to be included with any statement or certificate in connection with—

(a) the membership, financial affairs and property of the Guild or of any subsidiary council;

(b) the registration, affiliation, membership activities, financial affairs and property of University societies;

(c) any election or referendum conducted by the Guild;

(d) the authenticity of any document or a copy or extract of a document;

(e) any alleged breach of a provision included in the Guild Statute Book;

(f) any damage to, or unauthorised interference with, the building, furniture, fittings and chattels of the Guild or of the University;

(g) lost property;

(h) appeals against decisions of the Discipline Committee or any other disciplinary body of the Guild; and

(i) the preparation of annual reports.

26.1.2 Declarations required under Regulation 26.1 must conclude with the following words: 'and I make this declaration in virtue of the provisions included in the Guild Statute Book relating to the making of declarations whereby any person who makes a false declaration renders himself liable to be fined a sum not exceeding fifty dollars and to be recommended for expulsion from the University.'

26.1.3 Declarations required under Regulation 26.1 must be signed by the person making it and by one other person as an attesting witness.

26.1.4 Declarations required under Regulation 26.1 at contain any false or untrue statement will render the person making the declaration liable to the penalties listed in Chapter 16.

26.1.5 Whenever these Regulations provide that notice of a specified number of days must be given for any purpose, the specified number of days must be during an academic term unless a contrary intention is stated in these Regulations.

26.1.6 Recommendations to delegates to the following NUS National Conference must, where possible, be considered by the retiring Guild Council and must, where possible, be reconsidered at the first meeting of the constituted Guild Council in each year.

26.1.7 The Guild's nominees on the Academic Board in any one year must be—

(a) the Guild President and Senate Representative;

(b) the President of the Education Council;

(c) the President of the Postgraduate Students Association;

(d) one nominee of the Postgraduate Students Association;

(e) two members of the Guild Council; and

(f) the Immediate Past President of the Education Council, provided that they remain a student and a member of the Guild and do not hold another position on the Academic Board and is willing and able to act.

26.1.8 If the Immediate Past President of the Education Council is not eligible in terms of Regulation (f), the Guild Council must appoint a replacement for the term or the remainder of the term as the case may be.

26.1.9 Any University club or society or any committee of the Guild which intends to conduct a public appeal for funds, must apply to the Guild Executive at least one week before the date on which it intends to hold the collection.

26.1.10 Standing invitees of any committee or council need not be a member of the Guild and must—

(a) endeavour to attend all meetings;

(b) have the right to speak;

(c) have the right to move motions;

(d) have no voting rights; and

(e) not be counted when ascertaining quorum.

26.1.11 When an Immediate Past President to Guild Council or a subsidiary Council is a standing invitee they must—

(a) endeavour to attend all meetings;

(b) have the right to speak;

(c) have no voting rights; and,

(d) not be counted when ascertaining quorum.

26.1.12 Racist or sexist language must not be used in any communication, publication, advertising or like message of the Guild Council.

 
 

Regulations for Admission and Transfer to Undergraduate Award Courses

Note: These regulations, effective from 1 January 2005, supersede the University’s previous Regulations for Admission and Transfer to Undergraduate Award Courses.

Definitions

In these regulations,

the Academic Board is the Academic Board of The University of Western Australia;

the Admissions Centre is the Admissions Centre of The University of Western Australia;

the Admissions Manual is a publication produced annually by the Admissions Centre which provides information to University staff involved in student selection, about the application and admission process;

Commonwealth-supported places are places funded under the Higher Education Support Act (2003) for which the Commonwealth Government requires citizens and permanent residents of Australia and citizens of New Zealand to pay a student contribution to the cost of their studies at university;

a domestic applicant is an applicant who is a citizen or permanent resident of Australia, a holder of an Australian humanitarian visa, or a citizen of New Zealand and who may be either a Commonwealth-supported student or a fee paying student;

Fee-paying places are places for which the student pays a fee set at an amount equal to the sum of the Commonwealth Government contribution and student contribution to the University;

an international applicant is an applicant who is not a citizen or permanent resident of Australia or a citizen of New Zealand and is not eligible to be a Commonwealth-supported student;

a matriculated student for the purposes of Statute 7 and other related statutes or regulations of the University is one who has been admitted to the University for a degree course;

a private candidate is a person who sits a Tertiary Entrance Examination on a private basis. Such candidates must enrol with the Curriculum Council. The mark for a Tertiary Entrance Examination taken on a private basis may be used in the calculation of the Tertiary Entrance Score.

the STAT is the Special Tertiary Admissions Test and comprises a series of tests designed to assess a range of competencies considered important to success in university study; 

TEE means Tertiary Entrance Examination (Western Australian);

the Tertiary Entrance Rank (TER) is a number between 99.95 and zero that reports a student's rank position relative to all other students. The TER is normally derived from the Tertiary Entrance Score by a mathematical procedure approved by the Academic Board. A TER is also derived for applicants who have taken the normal university entrance qualification akin to the TEE in another state of Australia or in New Zealand or who have the International Baccalaureate Diploma. In these cases the TER is considered equivalent to the Western Australian TER.

the Tertiary Entrance Score (TES) is a score out of 510, calculated on the basis of a person's TEE results as follows:

Except in the case of students who reached the age of 19 years or more by 1 March of the year in which the TEE subjects are taken and who complete the Two–subject–plus–STAT TEE, the TES is calculated by multiplying by 5.1 an applicant's best mean scaled score over four or five Tertiary Entrance subjects, with at least one subject from each of List 1 and List 2 contributing to the score.

A subject score which contributes to the mean scaled score is the combined scaled score for that subject. The combined scaled score for a subject is the scaled value of a 50:50 composite of the external examination score and the moderated school assessment for that subject except in the case of subjects taken on a private basis in which case the scaled examination score will form 100 per cent of the final scaled score. All subjects for which the scores contribute to the calculation of the TES must have been completed over no more than two consecutive years.

In the case of students who reached the age of 19 years or more by 1 March of the year in which the TEE subjects are taken and who complete the two–subject–plus–STAT TEE, the TES is calculated by multiplying by 5.1 the average of the applicant's best two subject scores. Both subjects must have been completed in the same year.

the Tertiary Entrance Subjects are the subjects for which the scores may contribute towards the calculation of the Tertiary Entrance Score and are as follows:

List 1:

Ancient History

Art

Chinese: Advanced

Chinese: Second Language

Drama Studies

Economics

English

English Literature

French

Geography

German

Hebrew *

History

Indonesian: Advanced

Indonesian: Second Language

Italian

Japanese: Advanced

Japanese: Second Language

Latin*

Malay: Advanced

Modern Greek

Music

Political and Legal Studies

* Examinations in Hebrew and Latin are not conducted as part of the Western Australian Tertiary Entrance Examinations. An applicant for admission to the University who is taking either or both of these subjects is required to ensure that the related examinations they sit for are conducted by an examining authority approved by the Academic Board of the University. The Admissions Committee may scale the marks obtained in such examinations for use in the calculation of the Tertiary Entrance Score.

List 2:

Accounting

Applicable Mathematics

Biology

Calculus

Chemistry

Discrete Mathematics

Geology

Human Biology

Information Systems

Physical Science

Physics

The following subject combinations may not be used in the calculation of the Tertiary Entrance Rank: If both subjects are taken, the result in only one may be used to calculate the TER.

(a)  Biology and Human Biology

(b)  Chinese: Advanced and Chinese: Second Language

(c)  Discrete Mathematics and Applicable Mathematics

(d) Discrete Mathematics and Calculus

(e)  English and English Literature

(f)  Indonesian: Advanced and Indonesian: Second Language

(g)  Indonesian: Advanced and Malay: Advanced

(h)  Indonesian: Second Language and Malay: Advanced

(i)   Japanese: Advanced and Japanese: Second Language

(j)   Physical Science and Chemistry

(k)  Physical Science and Physics

tertiary study is any formal study undertaken at the level of Diploma as accredited under the Australian Qualifications Framework, or above;

TISC is the Western Australian Tertiary Institutions Services Centre; 

the University is The University of Western Australia.

 

Admission Requirements

Notes:

1. Applicants should note that possession of the qualifications detailed below means only that they are eligible for selection; it does not guarantee that a place will be offered.

2. Special entry requirements apply to the Bachelor of Dental Science, the Bachelor of Medicine and Bachelor of Surgery and music courses. See Regulation 13.

1. Applicants who did not reach the age of 19 by 1 March of the year prior to that for which application for entry is made

1.1 An applicant who did not reach the age of 19 years by 1 March of the year prior to that for which application for entry is made must—

(a) complete the requirements for Secondary Graduation, as defined by the Curriculum Council of Western Australia; and

(b) demonstrate English language competence through achieving a combined scaled score of 50 or more in English or English Literature at the Tertiary Entrance Examination, or for those who are eligible to take the subject, the required mark in English as a Second Language as determined each year by the universities; and

(c) achieve a satisfactory standard in the prerequisite subjects for a course as they are determined by the Academic Board, after consideration of recommendations from the appropriate faculties through the Admissions Committee, and published in the TISC brochure entitled 'Admission Requirements for School Leavers'; and

(d) obtain a sufficiently high Tertiary Entrance Rank (TER) to gain an offer of a place in a course;

Notice of subject requirements

1.2 The 'Admission Requirements for School Leavers' brochure is published in May each year and gives at least two and a half years notice of subject requirements.

2. Applicants who reached the age of 19 by 1 March of the year prior to that for which application for entry is made

2.1 An applicant who reached the age of at least 19 years before 1 March of the year prior to that for which application for admission is made is exempt from the Secondary Graduation requirement of Regulation 1.1(a) and may achieve a sufficiently high TER to gain a place in a course by—

(a) satisfying the requirements contained in Regulation 1.1(b) to (d); or

(b) taking the Two–subject–plus–STAT TEE.

Two-subject-plus STAT TEE

2.2(1) The Two–subject–plus–STAT TEE consists of:

(a) two subjects chosen from List 1 or List 2 of the Tertiary Entrance Subjects taken in the same year; and

(b) the Special Tertiary Admissions Test—Multiple Choice Test (Verbal Component) and Written English Test.

(2) An applicant who is taking the Two-subject-plus-STAT TEE may take more than two TEE subjects in any year but only the best two subject scores will be used to calculate a TES.

(3) The required STAT marks are published annually by the Admissions Centre in the relevant TISC publications.

(4) An applicant who is taking the Two-subject-plus-STAT TEE must—

(a) take the STAT by the end of November of the year in which the TEE subjects are taken;

(b) study the subjects specified for admission to their preferred course in the 'Admission Requirements for Mature Age Applicants' brochure which is published by TISC for students taking the Two-subject-plus-STAT TEE in the following year; and

(c) achieve a satisfactory standard in all prerequisite subjects for their preferred course as they appear in the Tertiary Institutions Service Centre (TISC) 'Admission Requirements for School Leavers' brochure for the relevant admission year.

3. Admission requirements for applicants who have taken a university entrance examination akin to the TEE in another state in Australia or in New Zealand or who have the International Baccalaureate Diploma

3.1 An applicant who has taken the normal university entrance qualification akin to the TEE in another state of Australia or in New Zealand, or who has the International Baccalaureate Diploma must—

(a) obtain a sufficiently high Tertiary Entrance Rank (TER) to gain a place in a course;

(b) demonstrate English language competence through achieving a pass in a subject equivalent to the Western Australian TEE English or English Literature, or for those who are eligible to take the subject, a pass in a subject equivalent to English as a Second Language; and

(c) achieve a satisfactory standard in subjects equivalent to the prerequisite subjects for a course, as described in Regulation 1.1(c).

4. Currency of TER

4.1(1) Domestic applicants who have satisfied the requirements under Regulations 1, 2 or 3 within five years immediately prior to admission, and who have never achieved results in tertiary study, will be ranked for an offer of a place on the basis of their TER, except for those in (2).

(2) Applicants for the Bachelor of Dental Science or the Bachelor of Medicine and Bachelor of Surgery who have satisfied the requirements under Regulations 1, 2 or 3 within the two years immediately prior to admission, and who have never achieved results in tertiary study, will be ranked for an offer of a place on the basis of their performance in a written selection test, an interview and their TER, as described in the Faculty of Medicine and Dentistry Admissions Policy available on the Faculty's website.

5. Special entry schemes for disadvantaged applicants

5.1(1) An applicant who has achieved a TER under Regulations 1, 2 or 3 but who does not meet some or all requirements for admission to their preferred course may be made an offer of a place by a decision of the Special Entry Schemes Committee.

(2) An applicant described in (1) must demonstrate to the Committee's satisfaction that, had it not been for the disadvantages reported by them as specified in the policy for the scheme concerned, they would have qualified for admission to the course.

6. Applicants who receive an award approved by the Academic Board

6.1(1) An applicant who does not meet all requirements specified in Regulations 1, 2 or 3 may be made an offer of a place following receipt of an award approved by the Academic Board.

(2) An applicant described in (1) must demonstrate that they satisfy the eligibility criteria specified in the relevant award policy.

7. Applicants who do not satisfy requirements in Regulations 1 to 6

7.1 An applicant who does not satisfy the requirements in Regulations 1 to 6 may be eligible for admission if they—

(a) demonstrate English language competence through satisfactory performance in an approved test or course of English, as prescribed by the Academic Board;

(b) demonstrate that they have knowledge and skill at least equivalent to that required to pass any TEE subjects listed as prerequisites for entry to their chosen course; and

(c) possess one or more of the following:

(i) a qualification at Diploma level or above, accredited under the Australian Qualifications Framework (AQF);

(ii) a teaching qualification recognised by the Education Department of Western Australia;

(iii) the equivalent of a minimum of 24 UWA credit points completed through UWA Extension or at another recognised tertiary institution;

(iv) a qualification awarded overseas which is assessed as at least equivalent to a qualification under Regulation 1;

(v) a satisfactory standard of performance in the STAT;

(vi) a pass degree at another university.

Admission on the basis of STAT alone

7.2(1) An applicant who will reach the age of 20 years by 1 March of the year of admission, or 1 August for admission in second semester, who has no qualifications other than the STAT may be considered for admission to courses in the Faculty of Architecture, Landscape and Visual Arts, and the Faculty of Arts, Humanities and Social Sciences and to the combined course for the Bachelor of Arts and Bachelor of Education.

(2) Both the Multiple Choice and Written English sections of the STAT must be taken.

(3) The required STAT marks are published annually by the Admissions Centre in the relevant TISC brochures.

(4) Applicants referred to in (1) are ranked for selection on the basis of their STAT results.

8. Admission to an honours programme

8.1(1) An applicant who has completed the requirements to be awarded a pass degree may be eligible for admission to an honours programme at the University.

(2) Applicants referred to in (1) must demonstrate knowledge and skill at least equivalent to the requirements specified in the University General Rules and Faculty Rules for admission to the relevant Honours programme.

9. Aboriginal or Torres Strait Islander applicants

9.1 Aboriginal or Torres Strait Islander applicants may qualify for admission through a programme administered by the School of Indigenous Studies.

10. Faculty ranking of applicants

10.1(1) With the exception of those covered under Regulation 4(1), all domestic applicants for a particular course will be given a recommended ranking by the faculty.

(2) The Dean of Undergraduate Studies will determine the ranking down to which an offer of a place in the course will be made.

11. Applicants for Fee–Paying Places

11.1(1) An applicant for a fee–paying place must satisfy the requirements for admission to a course under Regulations 1 to 7.

(2) Ranking and selection will be conducted as per Regulations 4(1) and 10.

12. International applicants

12.1(1) An international applicant may satisfy the requirements for admission to a course under Regulations 1, 2(1)(a), 3 or 7 except under Regulation 7.2 for which an international applicant is ineligible. 

(2) The Manager, International Marketing and Admissions determines whether an offer is to be made to an international applicant based on the requirement that the standard of such an applicant must be no less than that required for a domestic applicant to enter that course in recent years, and observing any quota that the University might impose on international applicants.

13. Applicants for the Bachelor of Dental Science or the Bachelor of Medicine and Bachelor of Surgery or for music courses

13.1 In addition to the academic requirements for admission listed above—

(a) an applicant for entry to the Bachelor of Dental Science or the Bachelor of Medicine and Bachelor of Surgery courses must achieve a satisfactory standard in both a written selection test and an interview, as described in the Faculty of Medicine and Dentistry Admissions Policy available on the Faculty's web site; and

(b) an applicant for entry to a music course must achieve a satisfactory standard at an audition, as determined by the School of Music.

14. Appeals on the basis of exceptional circumstances

14.1(1) The Admissions Committee's Appeals Committee may decide that an applicant will be offered a place where it is considered, on the basis of an appeal application, that the applicant would have qualified for admission but for exceptional circumstances.

(2) Appeal cases will only be considered after an application for special consideration has been lodged through the Admissions Centre normally prior to the relevant round of offers.

 

Application Requirements

15. Requirement to submit a formal application

15.1 A formal application for admission must be made by the following:

(a) all applicants who have never before studied in an undergraduate course at the University;

(b) all applicants who have commenced degree studies at the University, but who withdrew from their course without academic credit or penalty;

(c) all applicants for whom the time limit for completion of their undergraduate degree study at the University has elapsed, or who will be unable to complete their degree within the specified time limit;

(d) all applicants seeking to return to an unfinished course or to gain admission to a new undergraduate course following completion of a degree at any university; and

(e) all applicants for entry to the Bachelor of Dental Science, Bachelor of Laws or Bachelor of Medicine and Bachelor of Surgery.

16. Application and acceptance procedures for international applicants

16.1(1) An international applicant must apply for a 'fee-paying overseas student place' through the International Centre.

(2) The application and acceptance procedures are described in the Prospectus for International Students, published annually by the International Centre.

17. Application and acceptance procedures for domestic applicants

Procedural guidelines for the application process

17.1 Procedural guidelines for the application process for domestic applicants are described in the Admissions Manual, published annually by the Admissions Centre.

Closing dates for applications

17.2 An application for admission must be submitted by the relevant closing date published on the Admissions Centre website.

Accepting an offer

17.3(1) The procedure and dates for acceptance of an offer of a place are specified in the offer letter.

(2) An offer of a place will lapse if the applicant does not accept by the date specified and in accordance with the specified procedures.

18. Permanent residency requirement for Commonwealth-supported places

18.1(1) Undergraduate places for domestic applicants are funded by the Higher Education Support Act 1003 (HESA), in relation to which permanent residency must have been granted by the relevant unit census date.

(2) For administrative purposes, applicants are usually required to have been granted permanent residence by the final application closing date.

19. Untrue or incomplete applications

19.(1) An applicant must sign a declaration that their application is 'true and complete'.

(2) An applicant who is believed to have submitted an application that is untrue or incomplete will be asked to explain their action.

(3) An applicant who is unable to explain their actions to the satisfaction of the Admissions Committee will have the application withdrawn from the application process, and no further application form will be accepted from the applicant within two years following the offence.

(4) The University will record such cases in confidential files, and the information will be made available to the relevant faculty selection committee if an applicant lodges a subsequent application for admission.

(5) Where an applicant is found to have been admitted on the basis of fraudulent or misleading information, the enrolment will be cancelled and the academic record endorsed accordingly.

20. Repeated withdrawal from course

20.1 An applicant whose academic record shows that they have withdrawn from university courses on two or more occasions without recording any results (including courses commenced at other universities) will not be permitted to enrol in a course at the University without the explicit permission of the appropriate faculty.

21. Deferral of place

21.1(1) Except as set out in (2), (3) and (4) an applicant may defer taking up a place at the University once only, for up to one year.

(2) An applicant may apply to the Admissions Office for an extended period of deferral of up to two years in cases where circumstances beyond their control (for example serious illness, acute financial hardship or National Service obligations) prevent earlier commencement.

(3) An applicant is not permitted to defer taking up a place in a course in music.

(4) An applicant may be permitted to defer taking up a place in the MBBS graduate course only in exceptional circumstances.

(5) In considering a request for a deferral under (2), the University may take into consideration the impact on course quotas.

(6) Deferred applicants indicate their intention to take up their deferred place by lodging an application for admission in the relevant subsequent admissions period.

(7) If a student has deferred taking up a place in a course which does not allow commencement in second semester, they must lodge an application for admission in the relevant first semester admission period.

(8) Admission to the deferred course is guaranteed provided that the application requirements are satisfied.

(9) The deferral will lapse if a deferred applicant undertakes any tertiary study during the deferral period.

(10) A deferred applicant who undertakes tertiary study during the deferral period and who wishes to undertake the deferred course must submit a new application and will compete for a place at the University on the basis of all study undertaken to that point.

22. Personal declaration

22.1 An applicant must sign the Personal Declaration on the enrolment form before they can be admitted to the University.

23. Re-admission to course following withdrawal without academic penalty or credit

23.1 An undergraduate student at the University who demonstrates to the satisfaction of their faculty that they must withdraw from their course due to illness, and who does so before incurring academic credit or penalty, will be re-admitted to their course according to the procedures for admission of deferred students described in Regulation 21.

24. Transfer to a new course following withdrawal with academic credit or penalty

24.1(1) A student who has received academic credit or penalty in at least one unit at the University, and who wishes to transfer to a new undergraduate degree course must—

(a) apply in accordance with Regulation 16 or 17 as appropriate if—

(i) they wish to enter Dentistry, Law or Medicine; or

(ii) they have exceeded the time limit for completion of their course, or

(iii) they have completed a degree course at any university since they last competed for admission to a course at the University; or

(b) apply through the relevant faculty in all cases other than those described in (a).

(2) Where application is made direct to the faculty, the faculty assesses, ranks and recommends applicants for selection according to procedures published by the faculty.

25. Transfer to a Commonwealth-supported place from a fee–paying place

25.1 A student who has been admitted to a fee–paying place may apply for admission to a Commonwealth-supported place after they have completed a minimum of 48 credit points of their course.

25.2 Students may make more than one application to transfer to a Commonwealth-supported place but must have completed at least 48 points of their course between each such application.

25.3 Students who apply to transfer from a fee–paying place to a Commonwealth-supported place must compete for a Commonwealth–supported place against all other Commonwealth–supported place applicants.

26. Responsibility for control of number of offers

26.1(1) Except where the University has set a fixed quota of entrants to a course, control of numbers of offers to domestic applicants in each category defined by these regulations is the responsibility of the Admissions Committee.

(2) The Admissions Committee may delegate its responsibility under (1) to the Dean of Undergraduate Studies.

 
 

Course Regulations

1. For the purposes of these Regulations, the degrees, diplomas and certificates of the University are those approved by the Senate and currently available 1.

2. Subject to the approval of the Academic Board—

(a) a faculty must determine the course requirements for each course that it offers;

(b) the Board of the Graduate Research School must determine the course requirements for each course for which it has overall administrative responsibility.

3. The rules which apply to the degrees, diplomas and certificates of the University are those approved by the Academic Board and published in the relevant handbook.

4. To qualify for the award of a degree, diploma or certificate of the University a student must—

(a) complete the relevant course requirements as specified in the rules which apply to that degree, diploma or certificate; and

(b) comply with all rules which apply to that degree, diploma or certificate; and

(c) comply with all statutes, by-laws, regulations and rules of the University.

5. A faculty must submit to the Academic Board for approval details of each unit that it proposes to offer including the name, the points value, a brief description of content and details of the course or courses in which it will be offered.

6. A faculty must submit to the Academic Board for approval details of each major or major sequence that it proposes to offer.

7. A faculty must publish in a handbook details of the units it offers which must include for each unit:

(a) the code;

(b) the title;

(c) the points value;

(d) the name of the unit co-ordinator;

(e) a brief description;

(f) details of the semester(s) in which it is offered;

(g) details of any prerequisites or co-requisites;

(h) details of any units with which it is incompatible;

(i) the number of contact hours and type of contact; and

(j) details of the method of assessment

8. A faculty may publish in a handbook information about the courses it offers and about policies which apply but if this information conflicts with the statutes, regulations and rules of the University, the statutes, regulations and rules prevail. 

1 A schedule of the degrees, diplomas and certificates approved by the Senate and of the abbreviations that may be used by graduates of these courses is available at http://www.secretariat.uwa.edu.au/home/policies/courseunit.

 

University General, Faculty, Master’s Degree by Research and Combined Course Rules

 

1. University General Rules for Academic Courses

Published online at http://handbooks.uwa.edu.au/rules/GeneralRules/

2. Faculty of Architecture, Landscape and Visual Arts Rules

Published online at http://handbooks.uwa.edu.au/rules/alva/

3. Faculty of Arts, Humanities and Social Sciences Rules

Published online at http://handbooks.uwa.edu.au/rules/ahss/

4. UWA Business School Rules

Published online at http://handbooks.uwa.edu.au/rules/biz/

5. Faculty of Education Rules

Published online at http://handbooks.uwa.edu.au/rules/education/

6. Faculty of Engineering, Computing and Mathematics Rules

Published online at http://handbooks.uwa.edu.au/rules/ecm/

7. Faculty of Law Rules

Published online at http://handbooks.uwa.edu.au/rules/law/

8. Faculty of Medicine, Dentistry and Health Sciences Rules

Published online at http://handbooks.uwa.edu.au/rules/meddent/

9. Science Faculties’ Rules (Faculties of Life and Physical Sciences, and Natural and Agricultural Sciences)

Published online at http://handbooks.uwa.edu.au/rules/sciences/

10. Rules Governing Master’s Degrees by Research administered by the Board of the Graduate Research School with special admission or course requirements

Published online at http://handbooks.uwa.edu.au/rules/prs/

11. Combined Course Rules

Published online at http://handbooks.uwa.edu.au/rules/combinedcourses/

 

 

Appeals Process in the Case Where There is Dissatisfaction with an Assessment Result and/or Progress Status

(approved by Senate Resolutions—49/04 and 68/05; amended by Academic Council R83/07)

for all students enrolled in courses of the University, other than candidates for the degree of Doctor of Philosophy and for the degree of Master by research (by thesis). (Candidates for the degrees of PhD or Master by research (by thesis) should follow the Appeals Procedure set out on the Web at http://www.postgraduate.uwa.edu.au/page/41557)

· Appeals against academic assessment (Flowchart 1)

· Appeals against the award of a progress status (Flowchart 2)

· Appeals against the result of an application for special consideration in relation to an individual student (Flowchart 3)

· Appeals against the application of scaling or other adjustment systems (Flowchart 4)

· Appeals against non-adherence to the Assessment Mechanism Statement for the unit (Flowchart 5)

 

Definitions

For the purposes of this document—

'Chair of the Academic Board' includes any person nominated by the Chair to act on their behalf in relation to a specific appeal;

'dean' includes the associate dean in the Faculty of Engineering, Computing and Mathematics and any person nominated by the dean to act on their behalf in relation to a specific appeal;

'guild education officer'—The Guild as the student representative body on campus, employs staff to act as Education Officers whose role is to provide independent information, advice and support to students;

'head of school' includes any person acting in the capacity of the head of the school;

'mechanism for assessment' is the means by which the final result is calculated, as described in the Assessment Mechanism Statement;

'process of assessment' is the process of marking by one or more assessors;

'senior academic' is an academic at senior lecturer level or above, or an academic of lecturer status who has held full-time teaching/research positions at this University for at least ten years;

'sub-dean' includes sub-deans and the appropriate associate dean in the Faculty of Medicine, Dentistry and Health Sciences; the sub-dean in the Faculty of Business*; the Senior Faculty Administrative Officer in the Faculty of Natural and Agricultural Sciences; the Student Adviser in the Faculty of Arts, Humanities and Social Sciences, the Academic Student Adviser in the Faculty of Life and Physical Sciences; and the Deputy Dean in the Faculty of Education.

* Note: The Statutory entity, the Faculty of Business, is known as the UWA Business School.

 

Introduction

Essential background information

Please read the section on 'Student Procedures' and University General Rules 1.2.1.18 to 1.2.1.21 and 1.2.1.27 to 1.2.1.32 in the Undergraduate or Postgraduate Handbooks before reading this document.

Special Consideration

It is important that a student contact the sub-dean of their faculty for advice prior to submitting an appeal. There is a separate process in cases where a student is seeking special consideration rather than actually challenging a mark awarded. The sub-dean will be able to advise on this process.

Adherence of this Process to the Principles Set out in the Charter of Student Rights

This process adheres to the principles set out in the Charter of Student Rights (which can be found at: http://www.secretariat.uwa.edu.au/page/42905) in particular in relation to the following rights as outlined in the Preamble to that Charter:

'Every student has every right given by State and national legislation, by the University statutes, by-laws, regulations and policies, and by the United Nations Declaration of Human Rights. Everything in this [Process] is limited by anything to the contrary in relevant State and national legislation, and the University's statutes, by-laws and regulations.'

Eligibility

The Process applies to—

  • all students enrolled for the following qualifications of the University:

        - undergraduate (including honours) degrees;

        - diploma and certificates;

        - master's degrees by coursework;

        - faculty-administered master's degree by research; and

        - professional doctorates;

  • students enrolled in Higher Desgree by Research preliminary courses;

  • students enrolled on a non-award basis; and

  • those enrolled through University Extension as continuing education students in units offered within degree, diploma or certificate courses of the University.

Scope of the Process

This Process covers—

  • appeals against academic assessment;

  • appeals against the award of a progress status;

  • appeals against the result of an application for special consideration in relation to an individual student;

  • appeals against the application of scaling or other adjustment systems; and

  • appeals against non-adherence to the Assessment Mechanism Statement for the unit.

Matters outside the Scope of this Process

The following complaints/grievances are outside the scope of this Process:

  • general grievances and complaints;

  • poor teaching or supervision.

The section in the Undergraduate and Postgraduate Handbooks entitled 'Policy, Policy Statements and Guidelines' explains, among other things, how the matters above can be addressed.

Other processes exist, and should be followed, for—

  • appeals against decisions to terminate postgraduate scholarships following determinations of unsatisfactory progress in postgraduate courses (dealt with by the Graduate Research and Scholarships Office via the Appeals Procedure for Research Higher Degree by thesis)

  • general grievances or complaints (see 'Student Grievance Resolution Policy' at the following web address: http://www.secretariat.uwa.edu.au/page/20826.

Administrative Considerations

  • Appeal forms are available from faculty offices and from the Guild or at the following web address: http://www.secretariat.uwa.edu.au/page/20777.

  • All correspondence from the University to a student relating to a formal appeal submitted in terms of these regulations will be sent to the address given by the student on the appeal form. The student must therefore advise the faculty office or school concerned of any change of address while an appeal is in progress. A student who has an email address is encouraged to provide this in addition to a postal address, as email communication in appropriate circumstances may save time.

  • The University expects that staff involved in processing appeals will take the necessary actions as quickly as possible, since delay may disadvantage students in a variety of ways. Every effort is to be made to aim to finalise the appeal prior to the start of the next semester. A student must recognise, however, that most appeals occur at a time of year when faculty staff are extremely busy with the processes of selection, enrolment and re-enrolment and that some delays may occur. A written acknowledgement will be sent within five University working days of receipt of the appeal, although it may take longer for the matter to be investigated and resolved. If a re-assessment by the original assessor has been requested, a written advice as to whether this has been granted, will be sent to the student within ten University working days of receipt of the appeal. However, if a school does not respond to the student within the ten days, a re-assessment will automatically be granted. The outcome of the appeal will normally be communicated in writing to the student not more than twenty University working days after the appeal has been lodged. If circumstances prevent the appeal process being completed within the time frame specified, the student must be kept informed in writing of progress being made.

  • While Faculty and University appeals committees will take longer than twelve University working days to arrive at their decisions, because of the need to assemble the committee and the documentation, and to prepare minutes and have them approved by the committee, heads of school, deans and chairs of appeals committees must ensure that students are kept informed of the progress of their appeals. A student who, after checking with the relevant school or faculty office, in relation to an appeal at any level, remains concerned that consideration of their appeal is being delayed unacceptably may lodge a written request for investigation of the delay with the Registrar.

  • A student should be aware that while the University can encourage external assessors to submit assessments quickly, it has no authority over staff of other institutions.

Student Responsibilities 1

  • The Appeals Procedure involve several levels of appeal. A student should not attempt to shorten the Process by omitting one or more levels of appeal, as this will cause unnecessary delay. In one-school faculties where the head of school and dean are the same person, the head of school will nominate a senior academic staff member of the school to act in their place at school level.

  • A student is encouraged to submit the appeal as soon as possible in the interests of an early resolution.

  • The student is responsible for finding out, via the University's information noticeboard, the dates of release of formal results. The student will then be able to estimate when to expect release of examination results on the Web, or when to expect the examination result slips in the mail, and to take appropriate action if the delay in receipt appears excessive. A student who has access to the Web is encouraged to check the results as early as possible, to avoid any delay in lodging an appeal. Students who have been denied access to examination results because of non-payment of fees or charges will only be afforded an extension of time in order to lodge an appeal in exceptional circumstances and where they have made satisfactory arrangements regarding the payment of the fees or charges with Student Administration.

  • The student is advised to take follow-up action if they believe unreasonable delays are occurring in consideration of the appeal. (See 'Administrative Considerations' above).

  • Students are strongly encouraged (and, in some faculties, obliged) to consult, in the period prescribed by the faculty for this purpose, as follows prior to the lodgement of their appeal—

        - with the unit co-ordinator in the case of an appeal against assessment;

        - with the sub-dean in the case of an appeal against the award of a progress status; or the outcome of an application for special consideration; or non-adherence to the Assessment Mechanism Statement for the unit.

1 Students should ensure that all relevant paperwork is submitted. If there has been a previous request for special consideration a copy of the paperwork relating to this request should be submitted with the appeal documentation.

 

Processes

Appeals against Academic Assessment

An appeal against academic assessment is concerned purely with the accurate academic assessment of the worth of a piece of work submitted by an individual student relative to established standards and to the assessment of the work of other students (both current and former) in the unit.

A student should appeal on this ground only if they have reason to believe that the final mark/grade given for a unit or course does not fairly represent the academic worth of the work submitted, relative to established standards and to the assessment of the work of other students. If the final mark is the sum of marks for a number of components of a unit, the student may appeal against one or more of the component assessments contributing to the final mark for the unit.

The Process covers student appeals against the following results, as issued by boards of examiners or by faculties through their higher degrees committees or equivalent bodies:

  • final results (including results for component parts*) in coursework units in courses at all levels;

  • annual and final results in honours and Higher Degree by Research Preliminary courses; and

  • annual and final results in the thesis and dissertation components of postgraduate research degrees other than PhD and master's degrees by research (by thesis only).

* Failure to seek re-assessment of a written assignment (or other than final examination) in the course of the year will not preclude a student from lodging a formal appeal during the relevant period following the publication of the final result. In certain courses such as Dentistry, multiple assessments are made during the year involving original works which are either altered successively and/or given back to the student such that a request for re-assessment after dispatch of the formal result for the unit as a whole is too late to permit re-assessment of the original works. In these circumstances, a student must request a re-assessment while the work is in the same state as when it was assessed and is still in a location supervised by the school.

A student who does not fulfil the criteria for this appeal may have other avenues open to them for example an application for special consideration, as provided for in University General Rule 1.2.1.21.

In pursuing an appeal against academic assessment beyond an initial arithmetic check of a result, a student will be questioning the judgement and/or fairness of those who assessed the academic worth of their work, and while it is entirely legitimate to do this, there should be good reasons for doing so.

Recommended Informal Action

Dissatisfaction with a result may arise purely from a lack of understanding of such matters as the method of assessment or the standards expected at a particular level. In order that formal appeals are not pursued unnecessarily, a student is encouraged to seek informal explanations of assessments from the unit co-ordinator or in the absence of the unit co-ordinator from the Head of School. In the case of assessments in assignments which will contribute to the final result in a unit, such explanations should be sought during the year as soon as possible after the assessment is known. In the case of a final result issued by the University, a student is recommended to seek informal feedback, where possible, including an arithmetic check, but must do so without delay so that a formal appeal can still be pursued within the twenty* University-working day time limit specified in the Regulations.

* Students are strongly encouraged to lodge their appeal at the earliest possible date—preferably within twelve University working days of the release of the formal results—in order to enhance the possibility of the appeals process being finalised prior to the start of the next semester.

Progress Status

The Process covers student appeals against the award of a progress status by boards of examiners.

The Process is concerned purely with whether the progress status awarded has been fairly arrived at by the application of the relevant Faculty Rules to the student's final results.

A student who does not fulfil the criteria for this appeal may have other avenues open to them, for example an application for special consideration, as provided for in University General Rule 1.2.1.21.

Recommended Informal Action

A Progress Status is awarded according to the relevant Faculty Rules. Before proceeding with a formal appeal, a student is encouraged to check the rules used in the award of the progress status. A student who believes that the rules have not been correctly applied in their case is encouraged to discuss the matter with the sub-dean.

It is recommended that a student dissatisfied with the explanation given informally by the sub-dean of the faculty concerned consult a Guild Education Officer for advice and guidance before deciding whether to pursue a formal appeal.

Appeals against the Result of an Application for Special Consideration in Relation to an Individual Student

A student may seek redress via the appeals process where they are dissatisfied with the outcome of an appeal for special consideration, as it affects the final mark in a unit or the award of a progress status.

Recommended Informal Action

The student is advised to discuss the matter informally with the sub-dean in the first instance.

It is recommended that a student dissatisfied with the explanation given informally by the sub-dean of the faculty concerned consult a Guild Education Officer for advice and guidance before deciding whether to pursue a formal appeal.

The Application of Scaling or Other Adjustment Systems

The Process covers student appeals against the application of scaling or other adjustment systems by boards of examiners or others, and not appeals where the student is dissatisfied with the fact that a scaling or adjustment system is in use or the actual formulae involved.

The Process is concerned purely with whether the scaling or other adjustment systems has been fairly applied by the application of the relevant Faculty policy to the student’s initial results.

A student who does not fulfil the criteria for this appeal may have other avenues open to them for example an application for special consideration, as provided for in University General Rule 1.2.1.21.

Recommended Informal Action

Scaling and other adjustment systems are applied according to the relevant faculty policies. Before proceeding with a formal appeal a student is encouraged to check the policies used in this process. A student who believes that the policies have not been correctly applied in their case is encouraged to discuss the matter with the sub-dean.

It is recommended that a student dissatisfied with the explanation given informally by the sub-dean of the faculty concerned consult a Guild Education Officer for advice and guidance before deciding whether to pursue a formal appeal.

Non-adherence to the Assessment Mechanism Statement for the Unit

The Process covers student appeals against non-adherence to the Assessment Mechanism Statement for the unit and not appeals against the content of the Assessment Mechanism Statement itself.

A student who does not fulfil the criteria for this appeal may have other avenues open to them for example an application for special consideration, as provided for in University General Rule 1.2.1.21.

Recommended Informal Action

A student who is dissatisfied with the manner in which the assessment criteria, as outlined in the Unit Assessment Mechanism Statement, have been applied, should discuss this in the first instance with the sub-dean.

It is recommended that a student dissatisfied with the explanation given informally by the sub-dean of the faculty concerned consult a Guild Education Officer for advice and guidance before deciding whether to pursue a formal appeal.

 

Regulations for—

  • appeals against academic assessment;
  • appeals against the award of a progress status;
  • appeals against the result of an application for special consideration in relation to an individual student;
  • appeals against the application of scaling or other adjustment systems;
  • appeals against non-adherence to the Assessment Mechanism Statement for the unit.

General Provisions

Unit Assessment Mechanism Statements

1.(1) For each unit offered within a course in the University, the school(s) responsible for the unit must make available to students, by the second week of the semester in which it is offered, a clear written statement of the details of the assessment mechanism for the unit.

(2) The Assessment Mechanism Statement must be available to each student from the school office on request.

(3) For any unit in which the assessment mechanism is the subject of an agreement between the assessor or supervisor and an individual student, a written agreement must be drawn up before the end of the third week of the semester/year concerned and must be signed by both parties and lodged immediately after signature with the head of school concerned.

(4) The Guild of Undergraduates or the Postgraduate Students' Association, as appropriate, may recommend to the appropriate dean, in writing, with a copy to the Chair of the Academic Board, that a matter of policy relating to the assessment mechanism for a unit offered by a school be investigated, and may seek a report on the outcome of the investigation.

Responsibility of Schools in Relation to Assessment

2.(1) The responsibility for determining the mechanism for assessment of a unit lies with the school offering the unit, which must comply with current University and faculty assessment policies.

(2) The responsibility for the process of assessment of assignments and examinations contributing to the final result in a unit lies with the school offering the unit, which must comply with current University and faculty assessment policies.

Responsibility for Determining Criteria for the Award of a Progress Status

3. The responsibility for determining the criteria for the award of a progress status lies with the faculty responsible for the course and the criteria are published in the relevant Faculty Rules.

Responsibility for the Application of Scaling or Other Adjustment Systems

4. The responsibility for the application of scaling or other adjustment systems lies with the faculty responsible for the unit and the criteria are published in the relevant faculty policy document.

Responsibility of Boards of Examiners/Faculty

5. In terms of University General Rule 1.2.1.23(3), the responsibility for considering final results in units and reporting them to the Registrar lies with the faculties’ boards of examiners.

Responsibilities of Deans and Appeals Committees

6.(1) In the case of an appeal against assessment deans and faculty appeals committees have authority, and responsibility, to satisfy themselves that a fair process was used to determine an assessment, and, if necessary, to require a head of school to—

(a)(i) review the assessment; and/or

(ii) refer the work to an/other assessor(s) within or outside the University to further inform the academic judgement of the school; and

(b) resubmit a result.

(2) If a dean or appeals committee requires that a piece of work be referred to an/other assessor(s) within or outside the University, the dean or committee must also require that the head of school provide the other assessor(s) with a copy of the piece of work from which the student's name has been deleted but which indicates the mark awarded and preserves any comments made by the original assessor.

(3) When complying with the provisions of sub-Regulation (2) the head of school must also—

(a) where possible provide to the other assessor(s) for the purposes of comparison copies of the same piece of work completed by two or more other students from which the students' names have been deleted, but which indicate the marks awarded and preserves any comments made by the original assessor and, where possible, are sufficiently close to, but differentiated from, the appellant's mark as to provide a reasonable point of comparison;

(b) ensure that the appellant's work is identified as such;

(c) request the other assessor(s) to—

(i) rank the pieces of work in order of relative merit;

(ii) indicate whether the mark awarded to the appellant's work was reasonable;

(d) ensure that the other assessor(s) are aware of the expected standard of work and criteria against which this should be judged; and

(e) provide an explanation from the original assessor as to why the mark was awarded; and

(f) provide a copy of the Appeal Form lodged by the student setting out the grounds on which the appeal is made.

(4) Deans and faculty appeals committees have authority, and responsibility, to satisfy themselves that a fair process was used to determine the award of a progress status, the determination of the level of special consideration granted, the application of scaling or other adjustment systems or the adherence to the Assessment Mechanism Statement.

Rights of Students

7.(1) Given the provisions of sub-Regulation (2), a student has the right to lodge, at school level, an appeal which challenges the school's academic judgement in arriving at an assessment but only has the right to pursue an appeal beyond that level if they have reason to believe that the process which led to the disputed academic judgement was unfair in their individual case.

(2) In an appeal at the school level, a student may—

(a) submit their assignment for comparison with that of another student who has received a higher grade for the same assignment; or

(b) ask that a head of school arrange for comparison of an assignment or examination script with that of another student who has received a higher grade for the same assignment or script.

Responsibilities of Students

8. Students must recognise that they have a responsibility not to make frivolous claims and to take note of the grounds for summary dismissal of appeals as outlined in Regulation 35(1).

Rights of Schools

9. Where the process of assessment is shown to have been fair in an individual case, a school assessment must not be changed as a result of an appeal to a dean or faculty appeals committee.

Delegation of Powers of Boards of Examiners and Faculties to Deans

10.(1) Subject to the agreement of the faculty concerned, a board of examiners may delegate to the dean the power to—

(a) amend a result approved by a board of examiners if such amendment is recommended by a head of school after the processes set out in these Regulations have been followed; and

(b) as a result of an amendment referred to in (a), amend any unsatisfactory progress status imposed by the faculty, as appropriate, in line with faculty policy.

(2) A dean may, in any particular case, choose to refer a recommended change back to the board of examiners for consideration.

Filing of Documentation

11.(1) All documentation relating to a formal appeal at the school level must be filed in the school concerned and on the University student file in accordance with general University procedures.

(2) All documentation relating to an appeal at the level of dean will be filed in the faculty office concerned and on the University student file in accordance with general University procedures.

(3) All documentation relating to an appeal to a faculty appeals committee will be placed on the University student file and on the appropriate Faculty Appeals file in Central Records in accordance with general University procedures.

Separate Consideration of Appeals

12.(1) Each separate appeal must be considered on its merits, without reference to other appeals submitted previously or simultaneously.

(2) The various levels of consideration of an appeal against a result do not constitute separate appeals.

Extension of Appeal Deadlines

13.(1) Despite the deadlines set out in these Regulations for the submission of an appeal at each level of the Process, the head of school has the discretion to extend the specified deadline for submission of an appeal at the school level, the dean of a faculty has the discretion to extend the specified deadline for submission of an appeal below the level of a faculty appeals committee, and the chair of the appeals committee has the discretion to extend the normal deadline for submission of an appeal to a faculty appeals committee, where a student shows that exceptional circumstances apply.

(2) A student who seeks an extension of the deadline for submission of an appeal at any level must lodge a written request with the head of school, dean or chair of the appeals committee, as appropriate, giving the reasons for seeking the extension, and must lodge a copy of the request with the faculty administrative officer.

(3) The head of school, dean or chair of the appeals committee, as appropriate, must advise the student in writing of their decision, giving reasons if the request is denied, and must give a copy of their written decision to the faculty administrative officer.

(4) The decision of the head of school, dean or chair of the appeals committee not to allow an extension may be appealed to the Pro Vice-Chancellor (Teaching and Learning) in the case of undergraduate students and postgraduate coursework students, or the Pro Vice-Chancellor (Research and Research Training) in the case of postgraduate research students, and their decision will be final.

Scope of Appeal Outcome

14.(1) An appeal against academic assessment may result in an amendment that may be either an increase or a decrease in the mark originally awarded.

(2) An appeal against the award of a progress status may result in an amendment to the progress status originally awarded.

(3) An appeal against the result of an application for special consideration may result in an amendment in the mark originally awarded.

(4) An appeal against the application of scaling or other adjustment systems may result in an amendment that may be either an increase or decrease in the mark originally awarded.

(5) An appeal against non-adherence to an Assessment Mechanism Statement may result in an amendment that may be either an increase or decrease in the mark originally awarded.

(6) In respect of sub-Regulations (1), (3), (4) and (5), where an amendment results in a decrease in the mark originally awarded, the amendment will be guided by the principles outlined in the University's 'Policy on Amendment of Examination Results and Other Academic Decisions Found to be in Error after Formal Notification to Students' (see Appendix 1) in order that a student is not unduly disadvantaged.

(7) Where an appeal by an individual student brings to light an error which can be reasonably considered to affect the results of the entire, or any part of, the cohort of students involved, any consequent amendments to the results of the other students will be guided by the principles outlined in the University's 'Policy on Amendment of Examination Results and Other Academic Decisions Found to be in Error after Formal Notification to Students' (see Appendix 1) in order that an individual student is not unduly disadvantaged.

 

The Appeal

15. A formal appeal must be submitted on an appeal form which can be obtained from the faculty office or on the Web at: http://www.secretariat.uwa.edu.au/page/20777.

Student Responsibilities in Submitting Appeals

16.(1) In submitting an appeal, a student must provide a clear written statement giving the reasons for the appeal.

(2) In an appeal above the level of head of school, a student must provide good reasons for believing that the process of assessment was unfair in their case.

(3) In complying with sub-Regulation (2) a student may comment on the circumstances which, in their view, lead to the alleged unfairness.

Staff Responsibilities to Declare an Interest, or Perceived Interest, in an Appeal

17. Any staff member who is aware of having previous involvement or a direct interest in, or a possible perceived direct interest in, the outcome of an appeal, must declare that interest to the appropriate person (depending on the level of the appeal) and take no part in the determination of the appeal.

Regulations Relating to All Students Appealing against Results in Coursework Units

18. For a student wishing to appeal against results in coursework units, including Higher Degree by Research preliminary, master’s and professional doctorate students, the procedures for appeal are those set out in Regulations 20 to 48.

Regulations for Postgraduate Students Appealing against Annual or Final Dissertation or Thesis Results Determined by Higher Degrees Committees or their Equivalent

19. For students enrolled in faculty-administered Higher Degree by Research preliminary courses, master's degrees by research and those enrolled in master's degrees by coursework or in professional doctorates who wish to appeal against an annual or final result for a thesis or dissertation, which has been determined by the higher degrees committee of a faculty, or equivalent, the processes for appeal are as follows:

(1) The student must submit an appeal form to the chair of the higher degrees committee of the faculty concerned.

(2) The higher degrees committee will consider the appeal and the chair will provide the student with written advice of the outcome and the reasons for it.

(3) If the student is not satisfied with the outcome of the appeal, the processes set out in Regulation 31 onwards will apply.

 

Appeal Against Academic Assessment at School Level

Submission of Appeal Form

20. If after seeking informal feedback, including an arithmetical check, on a result issued by the University, a student believes they have reasons for appeal against the result, they must within twenty* University working days of the release of the formal result submit an appeal form to the head of the school concerned, with a copy to the faculty office concerned.

* Students are strongly encouraged to lodge their appeal at the earliest possible date—preferably within twelve University working days of the release of the formal results—in order to enhance the possibility of the appeals process being finalised prior to the start of the next semester.

Responsibilities of Head of School

21.(1) The head of school must consider whether the process of assessment used to arrive at the disputed result was satisfactory and whether there is reason to question the academic judgement which gave rise to the result.

(2) If the head of school is satisfied that the process of assessment used to arrive at the disputed result was satisfactory, the appeal is not upheld. The head of school must inform the student in writing of this outcome and also advise the student of the next step in the appeals process (see Regulations 23-26).

(3) If the head of school is not satisfied that the disputed result is fair in all the circumstances, then the head must ensure that appropriate action is taken as soon as possible to have the mark reviewed, or in exceptional circumstances, the work reassessed.

Review by the original assessor

(4) Where the head of school is not satisfied that the process of assessment used to arrive at the disputed result was satisfactory, the head must first consult with the original assessor to ascertain the reasons why the mark was awarded and to request a re-assessment of the work if appropriate.

(5) The head of school must inform the student in writing of the outcome of this review, normally within 20 University working days of receipt of the appeal.

(6) If the student and/or head of school is not satisfied with the outcome of the review by the original assessor, the student may request that the piece of work be referred, or the head of school may refer the piece of work, to an/other assessor(s) within or outside the University.

Review by another assessor

(7) If the head of school refers a piece of work to an/other assessor(s) within or outside the University for re-assessment, the head must provide the other assessor(s) with a copy of the piece of work from which the student's name has been deleted but which indicates the mark awarded and preserves any comments made by the original assessor.

(8) The head of school must also—

(a) where possible, provide to the other assessor(s), for the purposes of comparison, copies of the same piece of work completed by two or more other students from which the students' names have been deleted, but which indicate the marks awarded and preserve any comments made by the original assessor and, where possible, are sufficiently close to, but differentiated from, the appellant's mark as to provide a reasonable point of comparison;

(b) ensure that the appellant's work is identified as such;

(c) request the other assessor(s) to—

(i) rank the pieces of work in order of relative merit;

(ii) indicate whether the mark awarded to the appellant's work was reasonable;

(d) ensure that the other assessor(s) are aware of the expected standard of work and criteria against which this should be judged;

(e) provide an explanation from the original marker as to why the mark was awarded; and

(f) provide a copy of the Appeal Form lodged by the student setting out the grounds on which the appeal is made.

(9) It is the responsibility of the head of school to try to ensure that any external assessors used by the school have no connection with any of its staff or students, beyond professional acquaintance within the academic community, and to request the assessors, in submitting their assessment, to sign a statement confirming that position.

(10) If it is not possible for the head of school to find an external assessor who does not have a connection with any of the staff and students of the school, beyond professional acquaintance within the academic community, the head must document the reasons for not being able to do so.

(11) If after work has been reviewed, the head of school proposes to change a student's final result, the head must inform the dean in writing, giving a brief explanation of the way in which the work was reviewed and the reason for the recommended change. Any change in a Progress Status that arises from a change in mark must be made. The head of school must also inform the student in writing.

(12) If after the work has been reviewed, the head of school determines that no change to the student's result is warranted, they will, if possible, inform the student in person, with a follow-up in writing, copied to the faculty office, giving a brief explanation of the way in which the work was reviewed.

(13) If the student is not available to be advised in person, the head of school must inform the student in writing as required in sub-Regulation (12).

(14) If the head of school has been involved in the assessment under appeal, they must request the dean to refer the appeal to another senior academic staff member of the school who will act in place of the head for the purposes of these Regulations.

(15) If the head of school is the same person as the dean, they must nominate another senior academic staff member of the school to act in place of the head for the purposes of these Regulations.

Responsibility of Dean

22. The dean will take whatever action is appropriate, within the limits of their delegated authority from the board of examiners or faculty, in relation to any change to a result arising from a head of school's recommendation, and must advise the student in writing of the action taken.

 

Appeal to the Dean

This is the first level at which the following are submitted:

(a) appeals against the award of a progress status;

(b) appeals against the result of a request for special consideration;

(c) appeals against the application of scaling or other adjustment systems; and

(d) appeals against non-adherence to the Assessment Mechanism Statement.

Submission of Appeal Form

23.(1) A student who is not satisfied with—

(a) the outcome of an appeal against academic assessment to a head of school; or

(b) the process 2 used by the board of examiners to determine the award of a progress status; or

(c) the result of an application for special consideration in relation to an individual student;

(d) the application of scaling or other adjustment systems 3; or

(e) the non-adherence to the Assessment Mechanism Statement for the unit;

and who wishes to pursue the appeal on the grounds that the process was unfair in their case, must submit an appeal form to the dean.

2 A student should inform themselves of this process via the recommended informal action as outlined above.

3 A student should inform themselves of this process via the recommended informal action as outlined above.

Which Dean?

24.(1) Students appeal to the dean of the faculty responsible for the course in which they are enrolled.

(2) In the case of a student enrolled in a combined course for two degrees—

(a)(i) where the appeal is against academic assessment, the application of scaling or other adjustment systems or non-adherence to the Assessment Mechanism Statement for the unit, the appeal must be made to the dean of the faculty responsible for the degree course of which the disputed unit is a part;

(ii) where a unit may be considered part of both courses, both deans must consult and agree on which dean is to handle the appeal;

(b) in the case of an appeal against the award of a progress status, or against the result of an application for special consideration, the appeal must be made to the dean responsible for the the degree course which comprises the greater part of the student’s enrolment in the current academic year.

Time Limit

25. The form must be lodged—

(a) within twelve University working days of the date of notification of the outcome of the appeal lodged in accordance with Regulation 20; or

(b) within twenty* University working days of—

(i) the outcome of a request for special consideration; or

(ii) the release of the formal results in the case of an appeal under Regulation 22(a), (c) and/or (d).

(Note: notification of progress status is available at the same time as the formal results are released but is on a separate page in StudentConnect).

* Students are strongly encouraged to lodge their appeal at the earliest possible date—preferably within twelve University working days of the release of the formal results—in order to enhance the possibility of the appeals process being finalised prior to the start of the next semester.

Responsibility of the Dean in an Appeal against Academic Assessment

26.(1) The dean must consider whether the student’s appeal has been fairly dealt with at the school level.

(2) If the dean is not satisfied that the appeal has been fairly dealt with they will require the head of school concerned to make immediate arrangements for review, to report on the outcome, and to make a recommendation, within a specified period.

(3) If a dean requires, in terms of sub-Regulation (2), that a piece of work be reviewed and/or referred to an/other assessor(s) within or outside the University, the dean must also require that the head of school provide the other assessor(s) with a copy of the piece of work from which the student's name has been deleted, but which indicates the mark awarded and preserves any comments made by the original assessor.

(4) When complying with the provisions of sub-Regulation (3) the dean or head of school must also—

(a) where possible, provide to the other assessor(s) copies of the same piece of work completed by two or more other students from which the students' names have been deleted, but which indicate the marks awarded and preserve any comments made by the original assessor and, where possible, are sufficiently close to, but differentiated from, the appellant's mark as to provide a reasonable point of comparison;

(b) ensure that the appellant's work is identified as such;

(c) request the other assessor(s) to—

(i) rank the pieces of work in order of relative merit;

(ii) indicate whether the mark awarded to the appellant's work was reasonable;

(d) ensure that the other assessor(s) are aware of the expected standard of work and criteria against which this should be judged;

(e) provide an explanation from the original marker as to why the mark was awarded; and

(f) provide a copy of the Appeal Form lodged by the student setting out the grounds on which the appeal is made.

(5) It is the responsibility of the head of school to try to ensure that any external assessors used by the school have no connection with any of its staff or students, beyond professional acquaintance within the academic community, and to request the assessors, in submitting their assessment, to sign a statement confirming that position.

(6) If it is not possible for the head of school to find an external assessor who does not have a connection with any of the staff or students of the school, beyond professional acquaintance within the academic community, the head must document the reasons for not being able to do so.

(7) If, following receipt of the report and recommendation of the head of school, the dean is satisfied that the recommended assessment of the head of school has been fairly arrived at, they will confirm or amend the assessment, and confirm or amend any related progress status as appropriate, within the limits of authority conferred on them by the board of examiners.

(8) If, following receipt of the report and recommendation of the head of school, the dean is not satisfied that the recommended assessment of the head of school has been fairly arrived at, they must refer the student's appeal form to the faculty appeals committee for consideration.

(9) The dean will provide each student who has appealed under sub-Regulation (1) with written advice of the outcome, including a brief explanation of the reasons for the outcome.

Responsibility of the Dean in an Appeal against Progress Status

27. (1) The dean will seek a report from the sub-dean, or sub-deans in the case of a student undertaking a combined course, on the process used by the board of examiners to determine the award of the progress status.

(2) If, following receipt of the report of under (1), the dean is satisfied that the recommended progress status has been fairly arrived at, they will confirm the progress status, within the limits of authority conferred on them by the board of examiners.

(3) If, following receipt of the report of the sub-dean(s), the dean is not satisfied that the recommended progress status has been fairly arrived at, they must refer the student's appeal form to the Board of Examiners for consideration.

(4) The dean will provide each student who has appealed with written advice of the outcome including a brief explanation of the reasons for the outcome.

Responsibility of the Dean in an Appeal against the Result of Special Consideration Application

28.(1) The dean will seek—

(a) in the case of special consideration for a unit, a report from the sub-dean and/or head of school on the process used in determining the level of special consideration applied in that unit; or

(b) in the case of special consideration for the award of a progress status, a report on the process used to determine the level of special consideration to be applied in the award of the progress status.

(2) If, following receipt of the report, the dean is satisfied that the final mark for a unit or progress status has been fairly arrived at, they will confirm the mark or progress status, within the limits of authority conferred on them by the board of examiners.

(3) If, following receipt of the report, the dean is not satisfied that the recommended final mark or progress status has been fairly arrived at, they must refer the student's appeal form to the board of examiners for consideration.

(4) The dean will provide each student who has appealed with written advice of the outcome, including a brief explanation of the reasons for the outcome.

Responsibility of the Dean in an Appeal against the Application of Scaling or Other Adjustment Systems

29.(1) The dean will seek a report from the sub-dean and/or head of school on the process used in the application of the scaling or other adjustment systems.

(2) If, following receipt of the report under (1), the dean is satisfied that the final mark has been fairly arrived at, they will confirm the mark, within the limits of authority conferred on them by the board of examiners.

(3) If, following receipt of the report, the dean is not satisfied that the recommended final mark or progress status has been fairly arrived at, they must refer the student's appeal form to the board of examiners for consideration.

(4) The dean will provide each student who has appealed, with written advice of the outcome, including a brief explanation of the reasons for the outcome.

Responsibility of the Dean in an Appeal against Non-adherence to the Assessment Mechanism Statement for the Unit

30.(1) The dean will seek a report from the sub-dean and/or head of school on the assessment process used and that laid down in the Assessment Mechanism Statement for the unit/course.

(2) If, following receipt of the report under (1), the dean is satisfied that the final mark has been fairly arrived at, they will confirm the mark, within the limits of authority conferred on them by the board of examiners.

(3) If, following receipt of the report, the dean is not satisfied that the recommended final mark or progress status has been fairly arrived at, they must refer the student's appeal form to the board of examiners for consideration.

(4) The dean will provide each student who has appealed, with written advice of the outcome, including a brief explanation of the reasons for the outcome.

 

Appeal to Faculty Appeals Committee

Submission of Appeal Form

31.(1) A student who is not satisfied with the outcome of an appeal to a dean or a faculty higher degrees committee and still wishes to pursue the appeal because they believe that the process of assessment was unfair in their case must submit a written request to the faculty administrative officer that the appeal form previously submitted to the dean or higher degrees committee be forwarded to the appeals committee of the faculty responsible for the course in which they are enrolled.

(2) In the case of a student enrolled in a combined course for two degrees—

(a)(i) where the appeal is against academic assessment, the application of scaling or other adjustment systems or non-adherence to the Assessment Mechanism Statement for the unit, the appeal must be made to the dean of the faculty responsible for the degree course of which the disputed unit is a part;

(ii) where a unit may be considered part of both courses, both deans must consult and agree on which dean is to handle the appeal.

(b) in the case of an appeal against the award of a progress status, or against the result of an application for special consideration, the appeal must be made to the dean responsible for the degree course which comprises the greater part of the student's enrolment in the current academic year.

(3) The student may attach new information to the written request only if it relates to the reason(s) for the appeal which were put forward in the appeal to the dean or higher degrees committee.

(4) The student may include a relevant written submission from another person who may be a Guild Education Officer, the Head of the School of Indigenous Studies, or any other person, including a legal practitioner, who in the student's opinion is likely to be able to assist the committee in its enquiry.

Time Limit

32.The request to forward the appeal form to the faculty appeals committee must be lodged with the faculty administrative officer no later than twelve University working days after the date of notification of the outcome of the appeal to the dean or higher degrees committee as appropriate.

 

Faculty Appeals Committee

Purpose of a Faculty Appeals Committee

33.(1) Each faculty must have an appeals committee to consider student appeals where there is dissatisfaction with an assessment result and/or progress status.

(2) Appeals will only be heard from a student who has previously followed the procedures set out in these regulations for reconsideration of a result at the level of the head of school and dean, or higher degrees committee, as appropriate.

Minutes of Meetings

34. The proceedings of each meeting of an appeals committee must be minuted, and the minutes must be made available to the student concerned, following confirmation by the members of the committee.

Summary Dismissal of Appeals

35.(1) The chair of an appeals committee may summarily dismiss an appeal if—

(a) in their judgement, the appeal is based solely on disagreement with an academic assessment made by a school and the evidence available shows that the assessment has been arrived at using the method described in the Assessment Mechanism Statement and provides no reason to suspect that the process of assessment was unfair; or

(b) in their judgement, the appeal is based solely on a disagreement with the criteria used to determine the award of a progress status; or

(c) in their judgement, the appeal is based solely on a disagreement with the criteria for the application of scaling or other adjustment systems rather than the application of these criteria; or

(d) in their judgement, the appeal is based solely on a disagreement with the content of the Assessment Mechanism Statement rather than on adherence thereto; or

(e) the student submitting the appeal has not already appealed at the level of head of school and/or dean, or higher degrees committee, as required in these Regulations; or

(f) in their judgement, the stated reasons for the appeal are so wide or imprecise that there is no reasonable case for consideration; or

(g) the student has not replied to a request for additional information within twelve University working days, or within a longer period if a longer period has been allowed in light of special circumstances.

(2) If the chair decides to dismiss an appeal summarily, they must advise the student in writing within twelve University working days, following the submission of an appeal in accordance with Regulation 31, giving the reason(s) for the decision.

Constitution of Faculty Appeals Committees

36.(1) A faculty appeals committee will comprise:

(a) the Chair of the Academic Board or nominee, as Chair;

(b) a dean, deputy dean, associate dean or sub-dean of another faculty, appointed by the Chair of the Academic Board;

(c) two (one from each faculty in the case of a combined course student) senior academic members of the faculty appointed annually by the faculty, or if either or both are unavailable to serve, alternatives drawn from a panel of at least five senior academic members of the faculty elected by the faculty each year in terms of sub-Regulation 38(1)(b); and

(d) one student, appointed by the faculty on the recommendation of the faculty's student association(s), provided that—

(i) if that person is unavailable or ineligible to serve, an alternative must be drawn from the panel of three students elected by the faculty each year in terms of sub-Regulation 38(1)(a);

(ii) if the appeal relates to a postgraduate case, the student must be drawn from the panel of postgraduate students referred to in sub-Regulation 38(2).

(2) A person with a direct interest in or previous involvement in the case is ineligible to serve on the committee.

Quorum

37.(1) The quorum for an appeals committee is the full committee.

(2) The chair has both an ordinary and a casting vote.

Panels

38.(1) Each year each faculty must elect two panels as follows:

(a) a panel of three undergraduate students to be drawn on as necessary in terms of sub-paragraph 36(1)(d)(i); and

(b) a panel of at least five senior academics who are members of the faculty to be drawn on as necessary in terms of paragraph 36(1)(c).

(2) For each faculty, the Postgraduate Students' Association will elect a panel of three postgraduate students for endorsement by the faculty.

(3) Members of the panels will be numbered sequentially and will be called upon to serve in order of their numbering.

(4) If an eligible alternative member, or eligible alternative members, cannot be provided when necessary from the appropriate elected panel, the chair of the committee will appoint a person from the requisite category to serve on the committee.

Conduct of the Appeal

39.(1) The conduct of an appeal is at the discretion of the appeals committee, but with the following conditions:

(a) if the student has previously appealed to a faculty higher degrees committee—

(i) the chair of the higher degrees committee must submit all papers relating to the appeal at higher degrees committee level for inclusion in the agenda for the appeals committee;

(ii) the chair of the higher degrees committee must be invited to the appeal committee meeting to explain the higher degrees committee's determination on the case;

(iii) the agenda and all attachments must be sent to the student at the same time as they are sent to committee members; and

(iv) the student must be invited to appear before the committee and to be accompanied by a Guild Education Officer, Head of the School of Indigenous Studies or by a person nominated by either party;

(b) in all cases other than those described in paragraph (a)—

(i) where applicable, the head of the school concerned must submit all papers relating to the appeal at school level for inclusion in the agenda for the appeals committee;

(ii) the dean concerned must submit all papers relating to the appeal at dean level for inclusion in the agenda for the appeals committee;

(iii) the agenda and all attached papers must be sent to the student at the same time as they are sent to committee members;

(iv) the head of school or nominee must be invited to attend the appeal committee meeting to explain the school determination in a case relating to an appeal against academic assessment;

(v) the dean or nominee, and sub-dean and/or head of school in the case of an appeal against the result of an application for special consideration or against the award of a progress status, must be invited to attend the appeal committee meeting to explain the earlier determination made on the case; and

(vi) the student must be invited to appear before the committee and to be accompanied by, and, if they wish, represented by a Guild Education Officer, Head of the School of Indigenous Studies or a person nominated by either party.

(2) If the committee considers it appropriate, the appeal may be heard in the presence of the student, any person accompanying the student and the invited staff member(s).

Alternative Process

40. If the Registrar is satisfied that it would be impractical for a student to appear before a faculty appeals committee constituted and conducted in accordance with Regulations 33 to 36, the Registrar must determine an alternative process to ensure that the student has an opportunity to present a case to those charged with hearing the appeal.

Action Following the Meeting of the Faculty Appeals Committee

41.(1) If the faculty appeals committee is not satisfied that the appeal has been fairly dealt with, it must require the dean, or the chair of the higher degrees committee, as appropriate, to make immediate arrangements for—

(a) the review of the process by which—

(i) the result of the application for special consideration was arrived at; or

(ii) the award of the progress status was made; or

(iii) the scaling or other adjustment systems were applied; or

(iv) the adherence or otherwise to the Assessment Mechanism Statement has been determined; or

(b) review in the case of an appeal against assessment;

and to report and to make a recommendation, within a period specified by the committee, on the outcome of the review or reassessment.

(2) The committee may require the chair of a higher degrees committee to refer a thesis or dissertation to an/other assessor(s) within or outside the University to further inform the academic judgement of the higher degrees committee, and, having done so, to provide, as part of the report required by sub-Regulation (1) a summary of all assessments made to date, and a rationale for the result recommended.

(3) The committee, through the dean, may require a head of school to refer the work to an/other assessor(s) within or outside the University to further inform the academic judgement of the school, and, having done so, to provide, through the dean, as part of the report required by sub-Regulation (1) a summary of all assessments made to date, and a rationale for the result recommended.

(4) If a committee requires that a piece of work be reviewed or referred to an/other assessor(s) within or outside the University, the committee must also require that the chair of the higher degrees committee or the head of school, as appropriate, provide the other assessor(s) with a copy of the piece of work from which the student's name has been deleted, but which indicates the mark awarded, and preserves any comments made by the original assessor.

(5) When complying with the provisions of sub-Regulation (4) the chair of the higher degrees committee or head of school must also—

(a) where possible provide to the other assessor(s) for the purposes of comparison copies of the same piece of work completed by two or more other students from which the students' names have been deleted, but which indicate the marks awarded, and preserve any comments made by the original assessor and where possible, are sufficiently close to but differentiated from the appellant's mark as to provide a reasonable point of comparison;

(b) ensure that the appellant's work is identified as such;

(c) request the other assessor(s) to—

(i) rank the pieces of work in order of relative merit;

(ii) indicate whether the mark awarded to the appellant's work was reasonable;

(d) ensure that the other assessor(s) are aware of the expected standard of work and criteria against which this should be judged;

(e) provide an explanation from the original marker as to why the mark was awarded; and

(f) provide a copy of the Appeal Form lodged by the student setting out the grounds on which the appeal is made.

(6) It is the responsibility of the chair of the higher degrees committee or head of school, as appropriate, to try to ensure that any external assessors appointed have no connection with any of the staff or students of the school, beyond professional acquaintance within the academic community, and to request the assessors, in submitting their assessment, to sign a statement confirming that position.

(7) If it is not possible for the chair of the higher degrees committee or head of school, as appropriate, to find an external assessor who does not have a connection with any of the staff and students of the school, beyond professional acquaintance within the academic community, the chair or head, as appropriate, must document the reasons for not being able to do so.

(8) If after receipt of the report and recommendation of the dean or the chair of the higher degrees committee, as appropriate, the appeals committee is satisfied that the reassessment has been fairly arrived at, the dean must confirm or amend the assessment, within the limits of the authority conferred on him or her by the board of examiners.

(9) If after receipt of the report of the dean or chair of the higher degrees committee, the appeals committee is not satisfied that the reassessment has been fairly arrived at, it may either—

(a) arrange a meeting with the chair of the higher degrees committee or the dean and head of school, as appropriate, in an effort to resolve, or find a means of resolving, the matter; or

(b) require the dean or the chair of the higher degrees committee, as appropriate, to take further steps in regard to reassessment; or

(c) refer the matter, via the chair of the faculty appeals committee, in appropriate cases, for consideration by the board of examiners who must make a final decision on the mark to be awarded.

(10) If after receipt of the report and recommendation as referred to in Regulation 41(1), the appeals committee is not satisfied that the result of the application for special consideration or the award of the progress status or the application of scaling or other adjustment systems has been fairly arrived at, it may refer the matter back to the board of examiners in order that they may—

(a) in the case of an appeal against the award of a progress status, vary that progress status;

(b) in the case of an appeal against the result of an application for special consideration, vary the level of special consideration granted; or

(c) in the case of an appeal against the application of scaling or other adjustment systems amend the final mark.

(11) If after receipt of the report and recommendation as referred to in Regulation 41(1), the appeals committee is of the opinion that there has been non-adherence to the Assessment Mechanism Statement, it may consider the implications of this non-adherence, which may lead to a referral of the work involved back to the head of school for reassessment in accordance with Regulation 21(3).

Advice to Student of Outcome

42.(1) The chair of the committee must advise the student in writing of the committee's decision and of further avenues of appeal if the decision is not in favour of the student.

(2) The chair's letter to the student must be copied to the head of school and/or dean or chair of the higher degrees committee, as appropriate.

43. Except as provided in Regulation 45, the decision of the committee is final and it will not engage in any further correspondence with the student.

Power to Make Recommendations on Matters of General Concern

44.(1) The chair of an appeals committee has the power to make recommendations to deans on matters of general concern arising from appeals to faculty appeals committees, with a copy to the Pro Vice-Chancellor (Teaching and Learning), and to seek a report on the action taken as a result of these recommendations.

(2) The chair of an appeals committee may also recommend to the Registrar that these Regulations be reviewed in light of matters of general concern arising from appeals to faculty appeals committees.

 

Appeal to the Vice-Chancellor Against Procedural Irregularity by a Faculty Appeals Committee

45.(1) A student who believes that a faculty appeals committee or its chair has operated irregularly, in a procedural sense may appeal in writing to the Vice-Chancellor.

(2) A student who wishes to appeal to the Vice-Chancellor must lodge that appeal within 12 University working days of notification of the outcome of an appeal to the faculty appeals committee, and must clearly identify the procedural irregularity which they believe the faculty appeals committee has committed.

(3) The Vice-Chancellor or nominee will enquire into the procedure of the faculty appeals committee, in the light of the content of the written appeal.

(4) If the Vice-Chancellor or nominee is satisfied that the faculty appeals committee concerned has not acted irregularly in any significant way in the conduct of the appeal, he or she will inform the student accordingly.

(5) If the Vice-Chancellor or nominee finds that there was some procedural irregularity in the conduct of the appeal, he or she may—

(a) require the faculty to arrange for a faculty appeals committee with a completely revised membership, including a chair appointed by the Vice-Chancellor, to hear the appeal again; or

(b) if he or she believes that no useful purpose will be served by reference back to a revised faculty appeals committee, establish a University appeals committee to hear the appeal.

Appointment of University Appeals Committee

(6) An appeals committee established in terms of paragraph (5)(a) must be provided with exactly the same material as was provided to the original committee but must not be given the minutes of the original meeting.

(7) An appeals committee established in terms of paragraph 5(b) will comprise at least three members appointed by the Vice-Chancellor or nominee, including a student, and will be provided with all documentation relating to the earlier appeal.

46. Except as otherwise specified in these Regulations, Regulations 36 to 43 apply to a faculty appeals committee established in terms of sub-Regulation 45(5)(a) and a University appeals committee established in terms of sub-Regulation 45(5)(b).

Power of a University Appeals Committee to Determine an Academic Result

47.(1) A University appeals committee has the power to determine an academic result which is based on the advice of acknowledged external experts in the discipline concerned, given after receiving work submitted by other students in the unit (or in the case of a thesis or dissertation, in the discipline) together with information on the grades/marks awarded for that work.

(2) A University appeals committee may vary the level of special consideration granted or a progress status.

(3) A University appeals committee may amend the final mark in the case where a scaling or other adjustment system has been found to have been incorrectly applied.

(4) A University appeals committee may determine an academic result in terms of sub-Regulation (1) in the case where there has been non-adherence to the Assessment Mechanism Statement.

48. A decision of a University Appeals Committee is final within the University.

 

Appeals Outside the University

49. A student who has exhausted the avenues of appeal available within the University may pursue their case through any appropriate government body or official.

 
 

Appendix 1

Policy on Amendment of Examination Results and Other Academic Decisions Found to be in Error After Formal Notification to Students

1. This policy applies to the amendment of examination results and other academic decisions which have been found to be in error after the student concerned has been formally notified of the original result or decision.

2. The University is committed to the following principles which will guide those responsible for amending results/decisions:

  •  maintaining for the benefit of the institution and individual students an accurate record of students' achievements;

  •  ensuring an equitable outcome for all students concerned.

3. Subject to clause 4, where errors are found to have occurred in the process of calculating and reporting examination results or making academic decisions for admission to courses, imposition/removal of sanctions, award of scholarships or similar, the University will formally amend its records and notify the students concerned of this amendment, notwithstanding the fact that the amendment may represent a less favourable outcome for the students.

4.(1) Where possible, the University will strive to ensure that students do not suffer unduly by the loss of any opportunity provided by the University to which they have already been granted access as consequence of an examination result or other academic decision found to be in error after formal notification to the students. 

(2) Where possible the University will strive to ensure that students are not precluded from accessing an opportunity which would have been available to them if no error had been made in the processing of results and decisions pertaining to other students.

5. If a staff member becomes aware that an examination result or academic decision is incorrect after the students concerned have been formally notified, he or she will follow the procedures stipulated on the Student Administration web site (http://www.admin-srs.uwa.edu.au/). 

 
 

Regulations for Student Conduct and Discipline

Note: These Regulations are to be read in conjunction with the University's Guidelines on Ethical Scholarship, Academic Literacy and Academic Misconduct available on the University's website at http://www.teachingandlearning.uwa.edu.au/page/59146.

Definitions

1.(1) In these Regulations—

(a) 'member of the University' means a member of the Senate, a member of Convocation, a member of the University staff or a student as defined in paragraph (e);

(b) 'misconduct' means—

(i) an act or omission of a student which is prohibited by a University Statute, regulation, rule, by-law or Senate Resolution, or by an order made under a University Statute, regulation, rule, by-law or Senate Resolution; or

(ii) any conduct on the part of a student which impairs the reasonable freedom of other members of the University to pursue their studies or researches, or the reasonable freedom of persons to express their opinions within the University, or to participate in the life of the University, or which impairs University administration;

(c) 'academic misconduct' as defined in the Guidelines on Ethical Scholarship, Academic Literacy and Academic Misconduct, is any activity or practice engaged in by a student that breaches explicit guidelines relating to the production of work for assessment, in a manner that compromises or defeats the purpose of that assessment;

(d) 'professional misconduct' is inappropriate behaviour by a student of the University whilst undertaking a component of their course of study either internally or externally (i.e. professional/clinical placement, field trip, inter-institutional units, etc) that, while not constituting academic misconduct, constitutes a breach of standards of professional conduct expected within that field of study;

(e) 'student' means a person enrolled in an award course of the University, whether in Perth or elsewhere, or enrolled through University Extension as a continuing education student in units offered within award courses of the University;

(f) 'University' when used to describe a locality includes all the land and buildings over which the Senate exercises control whether because the University is the proprietor of the land or building, or because University activities are carried out on the land or in the buildings;

(g) 'University working days' means those weekdays not specified as University Holidays in the University's Principal Dates;

(h) reference to a person by the appointment, position or office held includes reference to a person for the time being acting in the appointment, position or office, or to a person's deputy acting in their absence;

(i) terms in the singular include the plural, and terms in the plural include the singular.

(2) Without limiting the generality of the definition in sub-regulation (1), examples of misconduct are set out in Schedule 1.

 

Purpose of Regulations

2.(1) The purpose of these Regulations is to inform students of behaviour which the University regards as misconduct, to implement fair and just procedures for dealing with cases of possible misconduct and to provide for the imposition of penalties for misconduct.

(2) The Regulations must be read in conjunction with the University's Guidelines on Ethical Scholarship, Academic Literacy and Academic Misconduct available on the University's website at http://www.teachingandlearning.uwa.edu.au/page/59146.

 

Penalties

3.(1) Subject to the provisions of Regulations 6—14, the penalties that may be imposed for misconduct are:

(a) fines up to the equivalent of the minimum fortnightly living allowance payable to an independent student under the provisions of Austudy, Abstudy, Youth Allowance, or any other Commonwealth undergraduate student support scheme that may replace them in future;

(b) cancellation of an award, scholarship or bursary awarded by the University;

(c) cancellation of any or all of the following rights and privileges:

(i) attendance at lectures, seminars, tutorials and other classes;

(ii) use of laboratories or other University facilities or parts of them;

(iii) attendance at an examination or test or any part of them;

(iv) entitlement to the results of any examination or test or of any part of them;

(v) attendance at the University or any part of it;

(d) cancellation or deprivation of credit either for the piece of assessable work in relation to which misconduct occurred or for the whole unit of which the piece of assessable work is a component but only if the misconduct involved acting dishonestly or unfairly;

(e) requirement to do further work or repeat work within the unit or course in relation to which misconduct occurred;

(f) exclusion from enrolment in all courses or units offered by the University for a period of up to one academic year;

(g) cancellation of a student's current enrolment in any course or unit offered by the University;

(h) penalties set out in other regulations, or in a University statute, rule, by-law, or Senate resolution;

(i) expulsion from the University;

(j) non-conferral of a degree, diploma or other award to which the student would otherwise have been entitled.

(2) Academic penalties can only be applied where academic misconduct has been proven.

(3) Guidelines for the application of penalties in relation to academic misconduct are as set out in the Guidelines on Ethical Scholarship, Academic Literacy and Academic Misconduct available on the University's website at http://www.teachingandlearning.uwa.edu.au/page/59146.

 

Other Provisions Relating to Penalties

4.(1) A person or body authorised to impose a penalty under a University statute, by-law, regulation, rule or Senate resolution, may caution or reprimand the student in addition to or, except in cases of academic misconduct, instead of, any other penalty that may be imposed.

(2) More than one penalty may be imposed but the total extent of penalties imposed must not be more than is warranted by the nature and severity of the misconduct.

(3) The person or body imposing a penalty may suspend it either until the time for appealing against it has expired or on such terms and conditions, including undertakings by the student, as the person or body granting the suspension thinks fit.

(4) In addition to, or instead of, any penalty imposed, the Deputy Vice-Chancellor or Registrar may require a student to pay to the University all or part of the cost of repairing or replacing any property lost, damaged or destroyed as a result of the misconduct.

(5) A student expelled from the University is not permitted to re-enrol except with the permission of the Deputy Vice-Chancellor.

(6) Unless the Registrar in recognition of a student’s circumstances permits payment over a longer period, a fine imposed under these regulations must be paid within ten University working days of its notification to the student.

(7) Unless the Senate decides otherwise, a student who has not paid a fine or any fees or other debts due and payable by them to the University, is not, so long as the fine, fees or other debts remain unpaid—

(a) permitted to re-enrol;

(b) informed of results of examinations;

(c) granted credit for a course or unit; or

(d) given a degree, diploma or other award.

(8) If a student charged with misconduct is eligible for conferral of an award, a decision on whether or not the award will be conferred must not be made until after the charge has been dealt with in accordance with these Regulations.

(9) In addition to the provisions of sub-regulation (7) and (8), the Registrar may suspend all or any of a student's rights and privileges as set out in paragraph 3.(1)(c) if the student does not pay a fine within the time specified in sub-regulation (6).

(10) Any suspension imposed by the Registrar under sub-regulation (9) ceases to have effect on payment of the overdue fine in respect of which it was imposed.

 

Powers of Staff to Impose Penalties

5.(1) Members of staff may impose penalties for instances of misconduct by a student as set out in Regulations 6 to 13.

(2) Procedural responsibilities of staff in relation to alleged academic misconduct by students and guidelines for applying penalties are as set out in the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct, available on the University's website at http://www.teachingandlearning.uwa.edu.au/page/59146.

(3) A member of staff who believes that an instance of misconduct warrants a penalty which is greater or more appropriate than those within their power to impose, may refer the instance to one of the members of staff specified in Regulations 8 to 13 who have the power to impose a greater or more appropriate penalty. (For procedures relating specifically to alleged academic misconduct refer also to the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct available on the University's website at http://www.teachingandlearning.uwa.edu.au/page/59146.

(4) A member of staff who believes that an instance of misconduct warrants a hearing before a Board of Discipline may refer the instance, through the relevant dean or through the Registrar or Executive Director, Finance and Resources, to the Deputy Vice-Chancellor who will determine what action to take.

(5) A member of staff may obtain advice from the Registrar on the most appropriate member of staff to deal with an instance of misconduct.

(6) A member of staff imposing a penalty must have regard to—

(a) the nature and severity of the misconduct;

(b) the principle that academic penalties may only be imposed for misconduct which is primarily of an academic nature;

(c) the range of penalties recommended in the 'Information for students and staff on procedures for dealing with student misconduct' published by the Registrar;

(d) the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct for instances of alleged academic misconduct.

 

Powers of Members of the Academic Staff of the University

6.(1) A member of the academic staff who determines that a student has committed an act of misconduct by disrupting a lecture, seminar, tutorial, laboratory or other class or library session conducted or supervised by the member of staff, may—

(a) suspend any or all of the student's rights and privileges with respect to attendance at or participation in the activity concerned for a period not exceeding one University working day;

(b) if necessary require through a security officer that the student immediately leave the activity which he or she has disrupted.

(2) A member of academic staff who suspends any or all of a student's rights and privileges in accordance with sub-regulation (1) must report this matter in writing to the relevant head of school and dean within five University working days.

(3) Specific procedural responsibilities of members of the academic staff in relation to instances of alleged academic misconduct are as set out in the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct, available on the University's website at http://www.teachingandlearning.uwa.edu.au/page/59146.

 

Powers of Members of the General Staff of the University

7.(1) A member of the general staff who is responsible for the operation or maintenance of any of the University's facilities or processes and who determines that a student has committed an act of misconduct by obstructing or interfering with the operation or maintenance of these facilities or processes, may—

(a) suspend all of the student's rights and privileges with respect to those facilities or processes for a period not exceeding one University working day;

(b) if necessary require through a security officer that the student immediately leave the vicinity where the misconduct has occurred.

(2) A member of the general staff who suspends any or all of a student's rights and privileges in accordance with sub-regulation (1) must report this matter in writing to the relevant head of school and dean or, for staff in central administration, to the Registrar within five University working days.

 

Powers of the University Librarian

8.(1) If the University Librarian determines, after appropriate investigation which must include the offer of an interview with the student concerned, that a student has committed an act of misconduct in or in relation to the library he or she may—

(a) fine the student in accordance with the provisions of the Library Rules;

(b) suspend the student's borrowing privileges in accordance with the provisions of the Library Rules;

(c) suspend the student for a period not exceeding seven calendar days from any of the student's rights and privileges in relation to the Library;

(d) exclude the student for a period not exceeding seven calendar days from the Library premises; and

(e) refer to the relevant dean or Deputy Vice-Chancellor an instance of misconduct which obstructs or interferes with the academic progress of other students.

(2) The University Librarian must within ten University working days of receiving notification of a case of alleged misconduct—

(a) provide the student concerned with written notification of any penalty imposed under this clause and, except for breaches of the Library Rules which are in the opinion of the Librarian straightforward and for which a specific penalty is prescribed in the Library Rules, of the student's rights of appeal; and

(b) at the discretion of the Librarian taking account of the nature of the misconduct, forward to Central Records a copy of the written notification sent to the student which will be placed on a confidential file for that student.

 

Powers of a Head of School

9.(1) If a head of a school determines, after appropriate investigation which must include the offer of an interview with the student concerned, that a student enrolled in a unit offered by the school has committed an act of misconduct in relation to the school or its activities, he or she may—

(a) fine the student in accordance with the provisions of paragraph 3(1)(a);

(b) suspend the student for a period not exceeding seven calendar days from all or any rights and privileges specified in paragraph 3(1)(c) within the department;

(c) cancel or deprive the student of credit for the piece of assessable work in relation to which misconduct occurred;

(d) require the student to do further work or repeat work within the unit or subject area in relation to which misconduct occurred.

(2) The head of the school concerned must within ten University working days of determining the outcome of an alleged case of misconduct—

(a) provide to the student concerned written notification of the outcome and of any penalty imposed under this clause and the student’s rights of appeal;

(b) except in instances of alleged academic misconduct, forward to Central Records, via the dean for information, a copy of the written notification sent to the student which will be placed on a confidential file for that student;

(c) in instances of alleged academic misconduct, forward to the Academic Conduct Advisor, with a copy to the dean for information, a copy of the written notification sent to the student which will be placed on a confidential file for that student in Central Records.

(3) Specific procedural responsibilities of heads of school in relation to instances of alleged academic misconduct and guidelines for applying penalties are as set out in the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct, available on the University's website at http://www.teachingandlearning.uwa.edu.au/page/59146.

 

Powers of a Dean

10.(1) If a dean of a faculty determines, after appropriate investigation, which must include the offer of an interview with the student concerned, that a student enrolled for a degree within the faculty has committed an act of misconduct in relation to the faculty, its activities, or its schools, he or she may—

(a) fine the student in accordance with the provisions of paragraph 3(1)(a);

(b) suspend the student for a period not exceeding seven calendar days from all or any rights and privileges specified in paragraph 3(1)(c) within the faculty;

(c) cancel or deprive the student of credit for either the piece of assessable work in relation to which misconduct occurred or for the whole of the unit of which that piece of assessable work is a component in accordance with the level of misconduct as outlined in the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct;

(d) require the student to do further work or repeat work within the unit or subject area in relation to which misconduct occurred;

(e) subject to the approval of the Deputy Vice-Chancellor, cancel a student's current enrolment in any course or unit offered by the University; or

(f) subject to the approval of the Deputy Vice-Chancellor, exclude a student from enrolment in all courses or units offered by the University for a period of up to one academic year.

(2) The dean of the faculty concerned must within ten University working days of determining the outcome of a case of alleged misconduct—

(a) provide to the student concerned written notification of the outcome and of any penalty imposed under this clause and the student's rights of appeal;

(b) except in instances of alleged academic misconduct, forward to Central Records via the dean for information, a copy of the written notification to the student which will be placed on a confidential file for the student;

(c) in instances of alleged academic misconduct, forward to the Academic Conduct Advisor, with a copy to the dean for information, a copy of the written notification sent to the student which will be placed on a confidential file for that student in Central Records.

(3) Specific procedural responsibilities of a dean of a faculty in relation to instances of alleged academic misconduct and guidelines for applying penalties are as set out in the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct, available on the University's website at http://www.teachingandlearning.uwa.edu.au/page/59146.

 

Powers of the Dean of the Graduate Research School

11.(1) If the Dean of the Graduate Research School determines, after appropriate investigation which must include the offer of an interview with the student concerned, that a student has committed an act of misconduct in relation to postgraduate research studies, he or she may—

(a) fine the student in accordance with the provisions of paragraph 3(1)(a);

(b) suspend the student for a period not exceeding seven calendar days from all or any rights and privileges specified in paragraph 3(1)(c)

(c) cancel or deprive the student of credit for either the piece of assessable work in relation to which misconduct occurred or for the whole of the unit of which that piece of assessable work is a component in accordance with the level of misconduct as outlined in the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct;

(d) require the student to do further work or repeat work within the unit or subject area in relation to which misconduct occurred;

(e) subject to the approval of the Deputy Vice-Chancellor, cancel a student's current enrolment in any course or unit offered by the University; or

(f) subject to the approval of the Deputy Vice-Chancellor, exclude a student from enrolment in all courses or units offered by the University for a period of up to one academic year.

(2) The Dean of the Graduate Research School must within ten University working days of determining the outcome of a case of alleged misconduct—

(a) provide to the student concerned written notification of the outcome and of any penalty imposed under this clause and the student's rights of appeal; and

(b) except in instances of alleged academic misconduct, forward to Central Records via the dean for information, a copy of the written notification sent to the student which will be placed on a confidential file for that student;

(c) in instances of alleged academic misconduct, forward to the Academic Conduct Advisor, with a copy to the dean for information, a copy of the written notification sent to the student which will be placed on a confidential file for that student in Central Records.

(3) Specific procedural responsibilities of the Dean of the Graduate Research School in relation to instances of alleged academic misconduct and guidelines for applying penalties are as set out in the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct, available on the University's website at http://www.teachingandlearning.uwa.edu.au/page/59146.

 

Powers of the Registrar

12.(1) If the Registrar determines, after appropriate investigation which must include the offer of an interview with the student concerned, that a student has committed an act of misconduct in relation to an event, process or facility for which the Registrar has responsibility or which is not the responsibility of any of the staff listed in Regulations 8 to 11, he or she may—

(a) fine the student in accordance with the provisions of paragraph 3(1)(a);

(b) exclude the student from a University test or examination or any part of them but only if it is necessary to do so to preserve order in the place where the examination or test is being conducted;

(c) suspend the student for a period not exceeding seven calendar days from all or any rights and privileges specified in paragraph 3(1)(c);

(d) require a student in accordance with sub-regulation 4(4) to make restitution for University property lost, damaged or destroyed as a result of the misconduct.

(2) The Registrar must within ten University working days of determining the outcome of a case of alleged misconduct—

(a) provide to the student concerned written notification of the outcome, and of any penalty imposed under this regulation and the student’s rights of appeal; and

(b) forward to Central Records a copy of the written notification sent to the student which will be placed on a confidential file for that student.

 

Powers of the Deputy Vice-Chancellor

13.(1) If the Deputy Vice-Chancellor determines, after appropriate investigation which must include the offer of an interview with the student concerned, that a student has committed an act of misconduct, he or she may—

(a) impose one or more of the penalties listed in paragraphs 3(1)(a) to (h);

(b) require a student in accordance with sub-regulation 4(4) to make restitution for University property lost, damaged or destroyed as a result of the misconduct;

(c) charge a student with misconduct and refer the charge to be heard and determined by a Board of Discipline as defined in Regulation 14.

(2) Pending the hearing of the case by a Board of Discipline as specified in paragraph 1(c), the Deputy Vice-Chancellor may suspend the student for a period not exceeding 28 calendar days from all or any of the rights and privileges specified in paragraph 3(1)(c) but the Board may lift the suspension at any time after the matter has been referred to it.

(3) If the Board of Discipline does not lift the suspension it will continue until the period for which it was imposed has elapsed but it will not apply to the student's rights and privileges regarding hearings before the Board and appeals to the Vice-Chancellor specified by these Regulations.

(4) The Deputy Vice-Chancellor must within ten University working days of determining the outcome of a case of alleged misconduct—

(a) provide to the student concerned written notification of the outcome and of any penalty imposed under this clause and the student's rights of appeal on any decision to refer the charge to a Board of Discipline; and

(b) forward to Central Records a copy of the written notification sent to the student to be placed on a confidential file for that student and, if the matter is one of academic misconduct, forward a copy of the written notification also to the relevant dean and Academic Conduct Advisor for information.

 

Boards of Discipline

Powers of a Board

14.(1) A Board of Discipline constituted under these Regulations has authority to hear and adjudicate upon—

(a) a charge of misconduct referred to it by the Deputy Vice-Chancellor; or

(b) an appeal made to it against a determination of the Deputy Vice-Chancellor which has been made under the provisions of these Regulations.

(2) A Board of Discipline may, for an instance of misconduct, impose any penalty that may be imposed under these Regulations, provided that—

(a) it may suspend a student's rights and privileges specified in paragraph 3(1)(c) for no more than one year without the student being entitled to any refund of fees paid in respect of those rights and privileges; and

(b) if the penalty is expulsion from the University or non-conferral of an award, this penalty does not take effect unless confirmed by the Senate, but all the student's rights and privileges specified in paragraph 3(1)(c) are suspended until the Senate has considered and determined the matter.

(3) A Board of Discipline may impose a penalty in addition to a penalty imposed by a staff member under Regulations 6 to 13 but may not increase a fine imposed at a lower level.

(4) When a charge of misconduct against a student has been found at a hearing before a Board of Discipline the Board may decline to record a finding of misconduct or to impose a penalty if, in its opinion, the misconduct was trivial or if, for any other reason, the Board is of the opinion that a finding of misconduct should not be recorded or a penalty should not be imposed.

Constitution of a Board

15.(1) Subject to sub-regulations (2), (3), (4) and (5) a Board of Discipline comprises:

(a) a chair selected by the Chancellor from a panel appointed annually by the Senate and comprising members of the Senate or senior members of academic staff;

(b) the Chair of the Academic Board or nominee;

(c) the President of the Guild of Undergraduates or nominee;

(d) one person selected by the Chair of the Academic Board from a panel of staff appointed annually by the Senate on the recommendation of the Deputy Vice-Chancellor;

(e) one person selected by the President of the Guild of Undergraduates from a panel of students appointed annually by the Senate on the recommendation of the President of the Guild of Undergraduates.

(2) A person must not be a member of a Board of Discipline if they have had any prior involvement with the student or the alleged misconduct or if for any other reason it would be inappropriate for them to hear the case.

(3) An Equity Officer is entitled to attend a meeting of a Board of Discipline to provide advice on matters of equity.

(4) The Chair, or the student through the Chair, may require that the University lawyer or a member of staff who is a legal practitioner or has a degree in law may be invited at the discretion of the Chair to attend a meeting of a Board of Discipline to provide advice on matters related to process and procedure raised either by members of the Board or by the student.

(5) The Vice-Chancellor may appoint a person to represent the University at the hearing.

Procedure of a Board

16.(1) The quorum of a Board of Discipline is all members.

(2) At all meetings of Boards of Discipline the Chair has a deliberative but not a casting vote.

(3) If the vote on whether or not a charge of misconduct has been proved is equally divided, the charge must be declared not to have been proved.

(4) The Registrar will for each Board of Discipline either act as secretary or appoint a member of the administrative staff to act as secretary.

(5) A Board of Discipline which has been constituted to hear and adjudicate upon any charge of misconduct or an appeal continues to act in the matter even if new panels have been nominated after it was constituted.

(6) A Board of Discipline constituted to hear and adjudicate upon a charge of misconduct against a student may have referred to it—

(a) a charge or charges of misconduct against another student; or

(b) another charge or other charges against the student; or

(c) an appeal or appeals. 

(7) The Board must deal with all the charges and appeals referred to it but—

(a) the Board must not deal with several charges against a student together or with charges against several students together unless the charges arise out of instances of misconduct which are part of a series of—

(i) instances of the same or a similar character; or

(ii) acts or omissions in the pursuit of a common purpose;

(b) if the Board decides at any stage before making known its decision that it should, in the interests of justice, not hear or not proceed further with any of the charges or appeals, another Board of Discipline must be constituted to deal with them.

(8) A Board of Discipline constituted to hear and adjudicate upon an appeal may have referred to it a charge or charges of misconduct or another appeal or appeals and the Board must deal with all the appeals and charges referred to it subject to the same provisions as are contained in sub-regulation (7).

17.(1) In determining the time and date for a hearing before a Board of Discipline or an appeal in accordance with Regulation 19(4), the secretary must make all reasonable efforts to select a time and date which is convenient to the student concerned.

(2) A hearing must not be held more than 20 days after receipt of the referral or appeal to the Board;

(3) The secretary must give a student not less than ten University working days' written notice of a hearing of the charge before a Board of Discipline.

(4) The notice must contain particulars of—

(a) the charge;

(b) the time and place of the hearing; and

(c) the student's rights under sub-regulation (6).

(5) If, for any reason other than those set out in sub-regulation 23, a student fails to appear at the hearing, the Board may, if it is satisfied that the student has been given notice in accordance with these regulations and that the student has not provided a valid reason for not attending, proceed with the hearing in the student's absence.

(6) During the hearing the student is entitled—

(a) to be represented by another person;

(b) to be present with a representative throughout the hearing except when the chair and members of the Board wish to confer privately among themselves or to consider their decision;

(c) either alone or via a representative to call and examine witnesses, cross-examine witnesses and address the Board;

(d) to require that an Equity Officer be present.

(7) Any person required to attend under sub-regulation 15(4), may, through the Chair, address the Board or the student.

(8) The Board is not bound but must wherever possible be guided by the Rules of Evidence.

(9) The Board decides its procedure including the order and the manner in which evidence may be called and addresses heard.

(10) Hearings of the Board are in private unless the student charged elects that a hearing be open to other members of the University but—

(a) if charges against two or more students are being dealt with together before the Board and any one of them elects a private hearing the hearing must be private; and

(b) the Board may order that an open hearing be continued in private if in its opinion order cannot otherwise be maintained.

(11) At every hearing the Board has complete authority to keep order and it may order the removal of any person for unruly conduct including a student in respect of whom the hearing is taking place or the representative of such a student.

(12) If the Board of Discipline determines that a charge of misconduct has been found, it may, subject to sub-regulation 4(2) and 14(3), impose one or more of the penalties set out in Regulation 3.

(13) If the penalty is expulsion from the University, it does not take effect until the time for lodging an appeal has expired and the penalty has been confirmed by Senate, but all of a student's rights and privileges are suspended until the Senate has considered the matter without the student being entitled to compensation.

(14) The secretary must place a record of every decision of a Board of Discipline on a central file designed for that purpose and on a confidential file for the student concerned.

(15) The secretary must within ten University working days of the Board of Discipline's decision give the student concerned a written notification of the decision including details of any penalty imposed and of the student’s rights of appeal.

18. Subject to the rights of appeal provided in Regulations 19 and 20 and to a student's right to pursue their case outside the University through an approved government body or official, a decision under these Regulations that a student has been guilty of misconduct or that imposes a penalty on a student is final.

 

Appeals

19.(1) A student who is dissatisfied with the determination of a member of staff in exercising their powers under Regulations 8 to 13, or with the outcome of an appeal made under this Regulation, may, within ten University working days of the date on which the student is notified of the determination or outcome, appeal in writing to the next most senior staff member or body as listed in Regulations 8 to 13 stating precisely the grounds on which the appeal is made.

(2) The next most senior staff member or body as referred to in sub-regulation (1) is—

(a) in the case of the University Librarian (Regulation 8), the Deputy Vice-Chancellor;

(b) in the case of a head of school (Regulation 9), the dean of the relevant faculty;

(c) in the case of a dean of a faculty (Regulation 10), the Deputy Vice-Chancellor;

(d) in the case of the Dean of the Graduate Research School (Regulation 11), the Deputy Vice-Chancellor;

(e) in the case of the Registrar (Regulation 12), the Deputy Vice-Chancellor;

(f) in the case of the Deputy Vice-Chancellor (Regulation 13), the Vice-Chancellor.

(3) Members of staff to whom an appeal is made in accordance with sub-regulation (1) must—

(a) within ten University working days of the receipt of the appeal advise the student in writing of the outcome and the student's further rights of appeal; and

(b) forward to Central Records a copy of their letter to the student which will be placed on a confidential file for that student and, if the matter is one of the academic misconduct, forward a copy of the written notification also to the relevant Dean and Academic Conduct Advisor for information.

(4) A student who is dissatisfied with the determination of the Deputy Vice-Chancellor in exercising their powers under Regulation 13, or the outcome of an appeal to the Deputy Vice-Chancellor under this Regulation, may, within ten University working days of the date on which the student is notified of the determination or outcome, request through the Registrar that the case be heard by of a Board of Discipline.

(5) The constitution and conduct of the Board of Discipline which hears an appeal is as provided for under Regulations 14, 15, 16 and 17.

(6) A student who is dissatisfied with the determination of a Board of Discipline may appeal to the Vice-Chancellor within ten University working days of the date on which the student is notified of the determination.

(7) Subject to the student's right to pursue their case outside the University through an appropriate government body or official, the Vice-Chancellor's decision in regard to appeals submitted under this Regulation is final.

(8) If the penalty is expulsion from the University, it does not take effect until the time for lodging an appeal has expired and the penalty has been confirmed by Senate, but all of a student's rights and privileges are suspended until the Senate has considered the matter without the student being entitled to compensation.

(9) The Vice-Chancellor must within ten University working days of the receipt of the appeal—

(a) advise the student in writing of his or her decision on an appeal submitted under this Regulation;

(b) forward to Central Records a copy of the letter sent to the student which will be placed on a confidential file for that student and, if the matter is one of the academic misconduct, forward a copy of the written notification also to the relevant Dean and Academic Conduct Advisor for information.

20. When considering appeals under Regulation 19, members of staff and the Board of Discipline may—

(a) suspend the implementation of a penalty pending the outcome of an appeal;

(b) affirm or annul the decision or penalty or both;

(c) reduce or increase the penalty but not increase a fine;

(d) impose in place of the original penalty any other penalty which is provided for under these Regulations.

 

Costs

21.(1) A Board of Discipline which has heard a charge of misconduct against a student or an appeal by a student may award the student the whole or part of the monetary costs which they have incurred in the hearing or appeal.

(2) If a Board of Discipline makes an award of costs, it will fix the amount payable and this amount will be paid to the student out of University funds.

(3) A student who believes that the award of costs by a Board of Discipline is unfair may appeal to the Vice-Chancellor for a review of this award.

 

Miscellaneous

Notice Given to Students

22.(1) A written notice required to be given to a student under these Regulations may be—

(a) given to the student in person;

(b) sent to the email address or fax number nominated by the student;

(c) posted to the last address provided to the Registrar as the student's place of residence.

(2) A notice sent by email or fax—

(a) is taken to be given and received on the day it is sent;

(b) must be sent by post also.

(3) A notice sent by post is taken to be given—

(a) three days after it is posted for addresses within Australia;

(b) seven days after it is posted for addresses outside Australia.

Interviews and hearings

23.(1) Except where the student waives the requirement for notice, a student must be given up to five days notice of any interview to be conducted in accordance with these Regulations and the Guidelines for Ethical Scholarship, Academic Literacy and Academic Misconduct in order to arrange for another person to accompany the student to the interview.

(2) A staff member may delegate to another person the investigative and interviewing role in any case of alleged misconduct but not the authority to make a finding.

(3) If the Registrar is satisfied that it would be impractical for a student to attend an interview or hearing required under these Regulations, the Registrar must determine a fair alternative process to ensure that the student has an opportunity to present a case to the staff member or Board concerned.

 

Records

24.(1) Details of misconduct findings and penalties are not entered on a student's formal academic record.

(2) For internal information purposes only, a reference to misconduct findings is maintained by way of a confidential comment on a student's internal academic record entered by a sub-dean, Faculty Administrative Officer or the Manager of Student Administration to indicate that a confidential file exists for that student.

(3) For the purposes of recording academic misconduct findings, the appropriate notification, in accordance with the Guidelines on Ethical Scholarship, Academic Literacy and Academic Misconduct will be put on the student's file by the Academic Conduct Advisor.

 

Relationship to Other Legislation

25. Nothing in these regulations affects the power or authority of a person or body in the University under—

(a) an Act of Parliament; or

(b) a University statute or a University regulation, by-law, or Senate resolution.

Student Ceasing to be a Student

26. The University may deal with misconduct under these Regulations even if the student alleged to have committed it ceases to be a student before proceedings are finalised and may proceed as if the student had continued to be a student.

Offences under Criminal Law

27.(1) If the alleged misconduct is also an offence under criminal law but not of a serious nature, action under these Regulations may continue, but may be deferred at the discretion of the Vice-Chancellor pending a police investigation or prosecution.

(2) In the case of all other offences under the criminal law, no action may be taken under these Regulations, other than suspension under sub-regulation (4), unless—

(a) the matter has been reported to the police; and

(b)(i) the matter has been either prosecuted; or

(ii) a decision not to prosecute has been taken; or

(iii) more than six months has elapsed since the matter was reported to the police. 

(3) If the conditions in sub-regulation (2) have been met, the Vice-Chancellor may decide whether disciplinary action under these Regulations should continue or be taken.

(4) If a finding of misconduct is made and the student has also been sentenced by a criminal court in respect of the same facts, the court's penalty must be taken into consideration in determining the penalty under these Regulations.

(5) A student—

(a) who is the subject of a complaint of misconduct; or

(b) against whom a criminal charge is pending; or

(c) who is the subject of a police investigation

may be suspended by the Vice-Chancellor from any or all of a student's rights and privileges as specified in paragraph 3(1)(c) pending the disciplinary hearing or trial if the Vice-Chancellor decides that suspension of the student is necessary for the protection of other members of the University.

 

Schedule 1—Examples of misconduct

1. Without limiting the generality of the definition in Statute 17 and reproduced in paragraph 1(1)(b), examples of misconduct are set out below.

Academic misconduct

(1) any activity or practice engaged in by a student that breaches explicit guidelines relating to the production of work for assessment, in a manner that compromises or defeats the purpose of that assessment:

Example 1: Plagiarising the work of another person, including a fellow student or the author of a text, by adapting or incorporating it in a piece of assessable work without due acknowledgment

Example 2: Bringing unauthorised material into an examination room

Example 3: Intentionally falsifying results which are reported in, or relied on for the purposes of, a piece of assessable work

Professional misconduct

(2) inappropriate behaviour by a student of the University whilst undertaking a component of their course of study either internally or externally (i.e. professional/clinical placement, field trip, inter-institutional units, etc.) that, while not constituting academic misconduct, constitutes a breach of standards of professional conduct expected within that field of study:

Example 1: Disorderly behaviour whilst under the influence of alcohol or other substances

Example 2: Sexual harassment of a person as defined in the University's Sexual Harassment Policy approved by Senate Resolution

Dealings with others at the University

(3) wilfully obstructing or disrupting University teaching, study, research, examination, test or official activity:

Example 1: Disrupting an examination or official meeting

(4) wilfully interfering unduly with the freedom of speech within the University of a member of the University or of a speaker invited by any section of the University to express their views:

Example 1: Disrupting to an unreasonable degree an address by a guest speaker

(5) wilfully interfering with the freedom of movement within the University of a member of the University or of a guest or visitor:

Example 1: Preventing someone from entering a building

(6) harassing a person in or upon the premises of the University as prohibited by policies approved by Senate Resolutions, pursuant to anti-discriminatory Commonwealth or State legislation:

Example 1: Sexual harassment of a person as defined in the University's Sexual Harassment Policy approved by Senate Resolution

Example 2: Racial harassment of a person as defined in the University's Racial Harassment Policy approved by Senate Resolution

(7) assaulting or attempting to assault a person within the University:

Example 1: Causing any person to hold reasonable fears for their safety or physical or psychological well-being

(8) providing false or deliberately misleading information to other members of the University:

Example 1: Falsifying an academic record

Example 2: Falsifying documents or providing false documents in order to gain admission to the University

(9) failing to comply with the reasonable direction of a member of staff:

Example 1: Entering any place within the University when forbidden to do so by a University employee;

Example 2: Refusing to leave a building when directed to do so by a University employee;

Example 3: Preventing another student from enjoying their rights as set out in the Charter of Student Rights.

Dealings with property or information

(10) wilfully damaging, or wrongfully dealing with University property, or the property within the University of any person:

Example 1: Leaving litter

Example 2: Misuse of emergency equipment

Example 3: Defacing or affixing a notice to a part of a University location

Example 4: Vandalism

Example 5: Failure to comply with the Library Rules

Example 6: Misuse of computer equipment in contravention of the University's Computer and Software Use Regulations

Example 7: Copying, or attempting to copy, any copyright material including computer software without the permission of the University and in breach of the Copyright Act

Example 8: Knowingly disclosing confidential information

Behaviour at the University

(11) creating a disturbance or being disorderly on University premises:

Example 1: Using abusive or insulting language

Example 2: Disorderly behaviour whilst under the influence of alcohol or other substances

Example 3: Frightening wildlife

Example 4: Lighting a fire without permission

Example 5: Contravening the rules of conduct set out in the by-laws

(12) Wilfully obstructing or attempting to obstruct or deter a member of staff in the performance of their duties;

(13) Failing to provide the student's name and address when required to do so by a member of staff who reasonably requires the information for the performance of their duties.

Action likely to cause injury or impair safety on University premises

(14) disobeying or failing to comply with the University's health and safety policies:

Example 1: Remaining in a building after the fire alarm has sounded.

Contravention of any statute, by-Law, regulation or rule

(15) disobeying or failing to comply with a provision of a University statute, regulation, rule, by-law or a Senate resolution or with an order made under a University statute, regulation, by-law or Senate resolution:

Example 1: Contravening the University's Intellectual Property Regulations by disclosing the details of intellectual property if the disclosure would prejudice the protection of intellectual property owned by the University

Example 2: Contravening the by-laws by smoking in a smoke-free area

Example 3: Failure to comply with the Library Rules

Behaviour which brings the University into disrepute

(16) acting in a manner which brings the University into disrepute:

Example 1: Disorderly or offensive conduct while engaged in University activities e.g. a field trip

Enforcement of penalties

(17) failing to comply with any penalty imposed under any University statute, regulation, rule or by-law, or any Senate resolution.

 
 

Intellectual Property Regulations

Note: Regulations are under review.

These regulations, effective from 22 July 1996, supersede the University's Patents Regulations.

Interpretation

1.(1) In these regulations, unless the contrary intention applies—

'computer program' means a computer program as defined by the Copyright Act 1968 (Commonwealth) as amended or replaced from time to time.

'intellectual property' means, without limitation, all rights in relation to any—

(a) circuit layout which means a circuit layout as defined by the Circuit Layouts Act 1989 (Commonwealth) as amended or replaced from time to time;

(b) confidential information which means information of any kind which, because of its confidential character, is capable of protection by contractual or equitable means, and includes information of a valuable commercial or technical character;

(c) copyright work which means any work or thing in which copyright may subsist including, without limitation, 'artistic work', 'literary work', 'dramatic work', 'musical work', 'sound recording', 'cinematograph film', 'television broadcast', 'sound broadcast', 'published edition of work' or 'photograph', as those terms are defined by the Copyright Act 1968 (Commonwealth) as amended or replaced from time to time;

(d) design which means a design as defined by the Designs Act 1906 (Commonwealth) as amended or replaced from time to time;

(e) eligible layout which means an eligible layout as defined by the Circuit Layouts Act 1989 (Commonwealth) as amended or replaced from time to time;

(f) invention which means an invention (including both products and processes) which may be patentable under the Patents Act 1990 (Commonwealth) as amended or replaced from time to time;

(g) patent which means a patent within the meaning of the Patents Act 1990 (Commonwealth) as amended or replaced from time to time, and includes a standard patent, provisional patent application, patent application, or a petty patent;

(h) plant variety which means a plant variety which may qualify for a grant of rights under the Plant Breeders' Rights Act 1994 (Commonwealth) as amended or replaced from time to time;

(i) trade mark which means a trade mark as defined by the Trade Marks Act 1955 (Commonwealth) as amended or replaced from time to time, whether or not registered under that Act; and

(j) includes rights of a related nature.

'net revenue' means revenue less all external costs to the University directly attributable to the patenting and defence of patents, and other charges authorised by the Intellectual Property Committee in the commercialisation of the University's intellectual property within a calendar year: in determining net revenue, the University may carry forward net losses from one calendar year into the next, but in making such determination, the University shall have regard to the interests of the originator.

'originator' means any person who creates, whether or not in conjunction with another person, any intellectual property.

'patent' refers to intellectual property.

'resources' include administrative support and other human resources.

'revenue' means the sum of any lump sum, royalty or other payments received within each calendar year as a result of the commercialisation of the University's intellectual property.

'student' means, despite anything to the contrary in any other statute or regulation, a person who created intellectual property in the course of the person's studies or research at the University undertaken in pursuance of a qualification, subject or unit offered by the University, and who was not in that capacity employed by the University.

(2) Headings in these regulations are inserted for guidance only and for the purposes of interpretation are deemed not to be part of these regulations.

Intellectual Property governed by Agreements with Sponsors

2. Where—

(a) a person sponsors research within the University by providing funding for the research; and

(b) an agreement has been made between that person and the University governing ownership of intellectual property which would otherwise by virtue of these regulations be owned by the University, the provisions of the agreement prevail to the extent of any inconsistency between that agreement and these regulations.

Other Agreements

Agreement with an Originator or Other Person

3.(1) The University may enter into an agreement with an originator or other person in relation to the creation, ownership, licensing, use or commercialisation of intellectual property.

Provisions of Other Agreements Prevail

(2) Where the ownership, licensing or exploitation of any intellectual property is governed by any agreement between the University and a student or member of staff or any other person, the provisions of the agreement prevail to the extent of any inconsistency between that agreement and these regulations.

University to Consult where Practicable

(3) In circumstances in which the University wishes to enter into agreements as contemplated in sub-regulations (1) and (2)—

(a) the University shall consult as far as practicable with the staff and students who will be affected by that agreement; and

(b) the University shall strive to negotiate agreements on terms which reflect the terms and intent of this policy as much as is reasonable in each case.

Assignments and Confidentiality Undertakings

(4) Where an agreement has been entered into by the University under Regulation 2 or 3(1), and—

(a) that agreement contains obligations about intellectual property or confidential information; and

(b) students, staff or other persons are engaged in activities on behalf of the University and carrying out the University's obligations under that agreement; and

(c) intellectual property or confidential information is (or may be) created or disclosed as a result of those activities,

then each such staff member, student or other person shall assign the intellectual property to the University or sign licence or confidentiality undertakings, upon the request of the University.

Ownership of Intellectual Property

4.(1) An originator shall own the copyright in all copyright works created by the originator, subject to the other provisions in these Regulations.

Students to Own Intellectual Property which They Create

(2) Students shall own intellectual property which they create, subject to Regulations 2 and 3(2), and shall always own the copyright in their theses.

Students Covered by Policy and Separate Agreements

(3) In circumstances in which students do not own intellectual property which they have created—

(a) the students shall be treated as staff for the purposes of this policy including but not limited to receiving returns from the proceeds of commercialisation;

(b) the University shall enter into a separate agreement with the students to confirm the arrangements made with regard to the intellectual property; and

(c) the University shall take all practicable steps to ensure that the academic progress of students, including the examination of theses, is not hindered by the provisions of these regulations.

University Ownership of Intellectual Property

(4) In respect of intellectual property created by an originator in the course of the originator's employment with the University, the University shall own copyright in computer programs, but no other copyright, and own all other intellectual property.

University has Licence for Originator's Works

(5) Where an originator owns copyright in a copyright work, the University is by operation of these regulations granted a non-exclusive, royalty free and irrevocable licence to reproduce, publish, perform, broadcast, disseminate and otherwise use the work for the University's teaching and research purposes.

Originator has Licence for Own Works

(6) Subject to Regulations 2, 3 and sub-regulation (9), where the University owns copyright in a copyright work, the originator is granted by operation of these regulations a non-exclusive, royalty-free and irrevocable licence to use the work for the originator's teaching and research purposes.

Restrictions regarding Computer Programs

(7) Subject to Regulations 2 and 3(2), where the University owns copyright in a computer program, the originator of the program may not disclose it or information about it, other than reasonable disclosure to persons employed by or contracted to the University, without the prior approval of the Pro Vice-Chancellor (Research and Innovation) who, in deciding whether to give approval, shall ascribe primary importance to the need to preserve appropriate academic interchange and discourse.

Originator Required to Execute Further Documents

(8) An originator shall, if required by the Vice-Chancellor or authorised officer, execute any document or do anything reasonably required by the University in relation to intellectual property created in whole or in part by the originator to demonstrate or prove ownership to third parties or secure intellectual property protection, or assist the University to commercialise the intellectual property.

Certain Use or Disclosure of Intellectual Property to be Disclosed

(9) Subject to Regulations 2 and 3(2), an originator shall not disclose the details of or use intellectual property if the disclosure or use—

(a) involves computer programs or related information not approved under sub-regulation (6); or

(b) is currently determined by the Pro Vice-Chancellor (Research and Innovation) to be a disclosure or use which would prejudice the protection, enforcement or commercialisation of that intellectual property which is owned wholly or in part by the University, or by another person under an agreement made pursuant to sub-regulation 3(1) or would be contrary to any Government or legislative requirement.

Consultation and Publication of Determinations

(10) The Pro Vice-Chancellor (Research and Innovation) shall consult with relevant senior academic staff before making a determination under sub-regulation (8) and shall cause to be published and have readily available the current determinations which prohibit disclosure or use of intellectual property.

Originator not to Act Contrary to University's Rights

(11) An originator shall not apply for any form of protection for, or commercially exploit or otherwise deal with any intellectual property, or do any act or thing in a manner inconsistent with the University’s rights under these regulations or otherwise.

Inventorship to be Acknowledged

(12) Where the University owns intellectual property, other than copyright, it shall ensure if practicable that the originator is acknowledged as the inventor or co-inventor, as the case requires, in any relevant patent application or other documentation.

Applications shall be in the Name of the University

(13) Subject to Regulations 2 and 3(2), all applications (whether in Australia or overseas) for registration of any intellectual property to which these regulations apply shall be in the name of the University, unless expressly otherwise determined by the Pro Vice-Chancellor (Research and Innovation).

Specific Contribution to Students, Visitors and Others

(14) Where a specific contribution of funds, resources, facilities or apparatus, excluding a scholarship, which is designated for the purpose of creating intellectual property is made available to students, visitors or others, then agreement shall be reached with the recipient of those resources as to the ownership of any resulting intellectual property and that agreement shall be in writing.

Visitors

(15) Staff collaborating with visitors working within the University shall advise those visitors that they may be required to enter into an agreement with the University concerning issues including the ownership of intellectual property and confidentiality.

Moral Rights

Acknowledgment of Authorship

5.(1) In the case of a copyright work owned by the University pursuant to these regulations which the University publishes or causes to be published—

(a) without adaptation or other modification, the University shall ensure that the authorship of the work is acknowledged in the publication; or

(b) with adaptation or other modification, the University shall consult with and obtain the agreement of the originator and the adaptor of the work on whether the authorship of the work is to be acknowledged and if so the form of the acknowledgment.

University to Bind Others to Acknowledge Authorship

(2) Where the University proposes to assign or license a copyright work, the University shall consult with the originator of the work as to whether the University shall ensure that a term of the assignment or licensing agreement requires the purchaser or licensee to acknowledge authorship of the work and if so, the form of the acknowledgment.

Withdrawal of Attribution

(3) Where an originator wishes not to be acknowledged as the creator of intellectual property which has been modified or adapted, the University shall take reasonable steps to respect that wish, and to ensure that others respect it.

Modification of Copyright Works

(4) Where the University uses intellectual property created by an originator, it shall take reasonable steps to consult with the originator before modifying or adapting that intellectual property.

Duty to Report

General Obligation to Report Intellectual Property

6.(1) Where any intellectual property to be owned by the University, which is likely to be commercially significant is created, any originator, executive dean, head of department, director of a centre or other officer who becomes aware of the creation, commercialisation or unauthorised use or infringement of that intellectual property shall promptly inform the Pro Vice-Chancellor (Research and Innovation) in writing of all relevant details of the intellectual property, such as—

(a) the date upon which the intellectual property was created;

(b) the identity of any person or persons who contributed to the creation of the intellectual property;

(c) the details of any pre-existing intellectual property which was used in creating the intellectual property;

(d) whether any person other than the originator claims any entitlement or interest in the intellectual property;

(e) the details of any University facilities or resources used to create the intellectual property (especially including grant monies or other research funding);

(f) the details of any known existing or partial use or commercial exploitation of the intellectual property; and

(g) the details of any provisional patent application that may have been filed with regard to the intellectual property.

Duty not to Act Contrary to University's Rights

(2) A student or member of staff shall not apply for any form of protection for or commercialise or otherwise deal with any intellectual property, or do any act or thing in a manner inconsistent with the University’s rights under these regulations or otherwise.

Protection of Intellectual Property

Originator to Consult with Pro Vice-Chancellor (Research and Innovation)

7.(1) Where action is to be, or has been, taken to protect intellectual property which is likely to be commercially significant, the originator shall consult with the Pro Vice-Chancellor (Research and Innovation) with regard to undertaking in a timely fashion the work necessary to complete the relevant formalities and facilitating the commercialisation of the intellectual property.

Decision within Ninety (90) Days

(2) A decision on the action to be taken arising out of the consultation described in sub-regulation (1) shall normally be made within ninety (90) days of the consultation taking place.

Filing of a Complete Patent Application is Conditional

(3) The University shall not normally file a complete patent application unless during the currency of the provisional application a third party undertakes to meet the expected costs of completion of the Australian application and/or overseas filings, or the Pro Vice-Chancellor (Research and Innovation) determines a strategy for further development leading to the commercialisation of the intellectual property, including how the costs of patent protection will be met.

University may Assign Rights to Originator

(4)(a) In the event that the originator wishes at his/her own expense to apply for, or continue, protection of intellectual property in which the University has no further interest, then the originator shall have the option to do so.

(b) If this option is exercised, the University, where appropriate, shall assign to the originator within ninety (90) days, rights to the intellectual property on fair terms.

Availability of University Facilities

(5) University facilities may be made available for the originator to develop further the intellectual property described in sub-regulation (4) with the approval of the Vice-Chancellor and with appropriate cost recovery.

Intellectual Property Committee

Intellectual Property Committee to Advise Vice-Chancellor

8.(1) The Intellectual Property Committee shall be an advisory committee to the Vice-Chancellor on matters relating to intellectual property.

Reporting Guidelines may be Set Down

(2) The Intellectual Property Committee may set down guidelines, procedures and criteria for reporting to the Pro Vice-Chancellor (Research and Innovation) the creation, commercialisation, unauthorised use or infringement of intellectual property to which these regulations apply.

Pro Vice-Chancellor (Research and Innovation)

9.(1) The Pro Vice-Chancellor (Research and Innovation) may do all or any of the following on behalf of the University for the purposes of these regulations—

(a) consult with the originator and the relevant executive deans of faculties and make such enquiries as the Pro Vice-Chancellor (Research and Innovation) considers appropriate concerning the commercial exploitation of any intellectual property to which these regulations apply;

(b) apply for protection or registration of, or take any other steps necessary or desirable for securing, maintaining and protecting in Australia or elsewhere throughout the world any intellectual property owned by or licensed to the University under these regulations or otherwise;

(c) commercialise any intellectual property owned by or licensed to the University under these regulations or otherwise (whether by itself or in conjunction with or through an authorised third party) upon such terms and conditions as the Pro Vice-Chancellor (Research and Innovation) considers appropriate;

(d) grant to the originator an assignment or a licence of intellectual property owned by or licensed to the University under these regulations or otherwise on such terms and conditions as the Pro Vice-Chancellor (Research and Innovation) considers appropriate;

(e) apportion the net proceeds of the commercialisation of any intellectual property owned by or licensed to the University under these regulations or otherwise having regard to—

(i) the costs incurred by the University, the originator and any other person in providing facilities, apparatus, services and resources for the creation, registration, protection and commercialisation of the intellectual property. (These costs include, but are not limited to, any registration fees, legal or patent attorneys' fees, the cost of secretarial, word processing, printing, binding, publishing, distribution, academic and administrative services provided or incurred by or on behalf of the University, the originator and any other person.);

(ii) the extent to which the University, the originator and any other person has contributed (whether by intellectual input, provision of finance, time, pre-existing intellectual property, know-how, research facilities and data) to the creation, registration, protection and commercialisation of the intellectual property;

(iii) the University's policy on earnings from outside work;

(iv) any submissions by the originator or any other person who claims an entitlement or interest in the intellectual property;

(v) the desire of the University to encourage and reward the creation of intellectual property by persons within the University; and

(vi) the provisions of Regulation 10.

Some Intellectual Property not Covered by Discretions

(2) A reference to intellectual property licensed to the University appearing in sub-regulation 9(1) does not include a reference to intellectual property licensed to the University pursuant to sub-regulation 4(5).

Discretions Subject to Regulation 10

(3) Nothing in sub-regulation 9(1) allows the Pro Vice-Chancellor (Research and Innovation) to override the entitlements of an originator under Regulation 10, without the consent of the originator unless by any act or omission the originator has—

(a) committed a material breach of his or her contract of employment with the University; and/or

(b) breached any legal or equitable obligation arising under or in relation to his or her contract of employment with the Univeristy, including under any policy of the University from time to time.

Apportionment of the Net Revenue

Net Revenue to be Distributed

10.(1)(a) Net revenue received by the University from the commercialisation of the University's intellectual property will be distributed in accordance with the following guidelines, provided that any individual contractual arrangements will prevail over the general provisions.

(b) In negotiating arrangements, the University shall give due consideration to the originator being paid in reasonable time.

Net Revenue to be Shared Between Originators

(2)(a) Where there is more than one originator, the share of net revenue shall be apportioned equitably between them by the Pro Vice-Chancellor (Research and Innovation) after taking into account Regulation 9(1)(e).

(b) The share of net revenue shall be distributed within thirty (30) days of its receipt by the University.

Share of Net Revenue Determined by Schedule

(3) Normally, the distribution of cumulative net revenue for the entire life of the intellectual property shall be according to the following schedule:

 

Cumulative Revenue

Net Originators

Retained by the University

<$50,000

85%

15%

Next $100,000

65%

35%

Further amounts

50%

50%

 

University to Use Share of Net Revenue

(4) A significant portion of net revenue retained by the University after distribution according to Regulation 10(3) shall be returned to the originator's faculty, and the remainder shall be set aside for other activities including research and commercialisation.

Cumulative Net Revenue Thresholds to Vary

(5) An inflationary correction factor shall be applied according to the Consumer Price Index, Perth prices.

Dispute Resolution

Appointment of Mediator

11.(1) If a dispute arises as to the operation of this policy, or as to any matter on which the operation of this policy hinges, the Intellectual Property Committee shall appoint a mediator to assist the parties in resolving their dispute.

Appointment of Arbitrator

(2) If such a dispute cannot be resolved through the assistance of a mediator, the Intellectual Property Committee shall appoint an arbitrator to investigate and decide the matters in dispute.

Arbitrator to Give Fair Hearing

(3) The arbitrator may adopt whatever procedure they see fit, provided each party is given a fair hearing.

Appointment should be Acceptable to all Parties

(4) In selecting an arbitrator, the Intellectual Property Committee shall, as far as is reasonably practicable, choose a person who is acceptable to all parties.

Information and Education

Policy to be Communicated

12.(1) The University shall take reasonable steps to ensure that this policy is communicated and explained to staff and students.

Education Programmes to be Arranged

(2) The University shall arrange intellectual property education programmes from time to time with the following objectives:

(a) to alert new staff and students as to their rights, responsibilities and opportunities in relation to intellectual property;

(b) to alert staff and students of any changes to policy; and

(c) to generate a better understanding of intellectual property issues in general.

 

Computer and Software Use Regulations

Definitions

1. In these regulations:

(1) 'authorised person' shall mean a person who had been authorised in writing by the Executive Director (Academic Services) and Registrar, the executive dean or dean of any faculty, or the head of a department, unit, centre or section of the University to authorise persons to use a facility;

(2) 'facility' shall mean every item and kind of computer equipment, computer software, network and related items and equipment provided by the University, whether or not owned by the University, and includes any items and equipment to which access is given by or through the University; and

(3) 'non-University facility' shall mean any item and kind of computer equipment, computer software, network and related facility which is not provided by the University.

2. Without limiting the generality of the definition contained in sub-regulations 1(2) and (3), the terms 'facility' and 'non-University facility' shall include:

(a) free-standing computers, networked computers, time-shared computers and terminals;

(b) any network connecting a computer or terminal to any other computer or terminal wherever that other computer or terminal is located;

(c) peripherals;

(d) media;

(e) all forms of software;

(f) components and parts of components; and

(g) operating manuals.

Application

3.(1) These regulations shall apply to the use by any person of any facility provided by the University.

(2) Sub-regulation 12(3) shall apply to employees of this University who use a non-University facility in the course of their employment.

(3) For the purpose of these regulations the University shall be taken to have provided a facility when it makes a facility available for use, regardless of whether the University is the owner of that facility.

Authorised Persons

4.(1) The Executive Director (Academic Services) and Registrar, the executive dean or dean of any faculty, or the head of any department, unit, centre or section of the University may give written authority for persons to act as authorised persons within the meaning of and for the purpose of these regulations.

(2) The authority conferred upon an authorised person may be limited in respect of—

(a) the facility or facilities which the authorised person may permit persons to use;

(b) the conditions which the authorised person may impose on the use of a facility; and

(c) any other condition which the Executive Director (Academic Services) and Registrar, the executive dean or dean of any faculty, or the head of any department, unit, centre or section of the University may impose.

Use of Facilities

5.(1) A person shall not use a facility without the permission of an authorised person for the facility.

(2) It shall be the responsibility of any person who wishes to use a facility to ascertain who is an authorised person for that facility and to obtain the permission of that person for its use.

6.(1) In granting permission to use a facility an authorised person may impose conditions upon the use of that facility which, among others, may include conditions relating to—

(a) the purpose for which the facility may be used;

(b) the manner in which the facility may be used;

(c) the time at which the facility may be used;

(d) the period of time for which the facility may be used;

(e) the number of persons who may be permitted to use a facility;

(f) payment for use of the facility; and

(g) compliance with the Copyright Act 1968 (Commonwealth) as amended from time to time or any corresponding law in force at any time and all other laws (statutory or otherwise) and any licences relating to the use of that facility.

(2) A person shall use a facility in accordance with the conditions imposed upon the use of that facility.

(3) Without limiting the general application of sub-regulation (2), a person shall use a facility only for a purpose permitted by an authorised person or, if no purpose for the use of that facility is specified by an authorised person, only for a purpose reasonably connected with their employment at the University or their enrolment as a student at the University.

7.(1) A person shall not divulge a password or code enabling access to a facility unless permitted to do so by an authorised person.

(2) A person who is permitted to use a facility shall take reasonable precautions to secure his or her passwords, accounts, software and data.

(3) A person shall not use the password or code of another person to gain access to a facility unless permitted to do so by an authorised person.

8.(1) A person shall not examine or attempt to examine the data or programmes of another person stored on a facility unless permitted to do so by that other person or by an authorised person.

(2) A person shall not modify or attempt to modify the data or programmes of another person stored on a facility unless permitted to do so by that other person or by an authorised person.

(3) A person shall not disclose, copy, rename or delete the data or programmes of another person stored on a facility or attempt to do any of those things unless permitted to do so by that other person or by an authorised person.

9. A person shall not use a facility for the purpose of sending or attempting to send an obscene, abusive, fraudulent, threatening or unnecessarily repetitive message.

10. A person shall not modify, alter or destroy a facility or attempt to do so.

11. A person shall not connect any item of computing equipment to, or install any software on any facility or attempt to do either of those things unless permitted to do so by an authorised person.

12.(1) A person shall use a facility in a manner which complies with the provisions of the Copyright Act 1968 (Commonwealth) as amended from time to time or any corresponding law in force at any time and with the requirements of all other laws (statutory or otherwise) and any licences relating to the use of that facility.

(2) Without limiting the general application of sub-regulation (1), a person shall not—

(a) on or in connection with a facility, use any software which has been unlawfully obtained;

(b) use any facility in such a way as deliberately to interfere with the reasonable use by another person of that facility, any other facility or any non-University facility.

(3) An employee of the University who uses a non-University facility in the course of his/her employment—

(a) shall use that facility in a manner which complies with the provisions of the Copyright Act 1968 (Commonwealth) as amended from time to time or any corresponding law in force at any time and with the requirements of all other laws (statutory or otherwise) and any licences relating to the use of that facility;

(b) shall not use any software which has been unlawfully obtained;

(c) shall not use that facility in such a way as deliberately to interfere with the reasonable use by another person of any facility or any non-University facility.

13.(1) A person who acquires any facility in the name or on behalf of the University shall notify the appropriate executive dean or dean of the faculty, head of department, unit, centre or section of the acquisition and provide that person with copies of any licence agreement applicable to the facility.

(2) The executive dean or dean of the faculty, the head of the department, unit, centre or section shall—

(a) appoint an authorised person for the facility; and

(b) provide the authorised person with a copy of any licence agreement applicable to the facility.

(3) The authorised person for the facility shall take reasonable steps by acting pursuant to Regulations 6 and 14 and by such other measures as shall appear appropriate and reasonable to ensure that there is compliance with the terms of any licence agreement applicable to that facility.

14. An authorised person may seek authority through the Registrar to examine any data stored on or any software used in connection with a facility for the purpose of ensuring that the use of that facility complies with—

(a) the conditions imposed on its use by that authorised person;

(b) these regulations;

(c) any licence relating to the use of that facility;

(d) the Copyright Act 1968 (Commonwealth) as amended from time to time or any corresponding law in force at any time and with the requirements of all other laws (statutory or otherwise).

15. A breach of these regulations shall be—

(a) a breach of discipline for the purpose and within the meaning of Statute No 17;

(b) a breach of the terms of the contract of employment of any employee of the University;

(c) a breach of the terms of the contract of engagement or any other agreement pursuant to which any person is given access to a facility.

 
Top of Page