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Governance (Council Executive Committee) Rule 2019

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Section 1 - Introduction

1 Name of Rule

(1) This Rule is the Governance (Council Executive Committee) Rule 2019.

2 Commencement

(2) This Rule commences on 1 July 2019 under resolution CNL 19/50.

3 Purpose

(3) This Rule is enacted to establish the Council Executive Committee and to confer on that Committee certain functions under the Charles Sturt University Act 1989 No 76.

4 Authority

(4) This Rule is made pursuant to authority granted to the University Council (Council) under clause 4 of Schedule 1 of the Act, section 20 and 32 of the Act.

(5) Note: Clause 4 of Schedule 1 of the Act states that the Council may establish committees to assist it in the exercise of its functions and may delegate to the Committee, under section 20 of the Act, all or any of its functions. Section 32 of the Act states that the Council may make rules with respect to the functions, processes and procedures of committees of the Council.

5 Glossary

(6) In this Rule:

  1. Act - means the Charles Sturt University Act 1989 No 76.
  2. By-law - means the Charles Sturt University By-law 2005.
  3. Committee - means the Council Executive Committee established under this Rule in accordance with clause 4 of Schedule 1 of the Act.
  4. Council - means the University Council established under Part 3 of the Act.
  5. Secretary - means the University Secretary appointed under the By-law.

6 Notes and Headings

(7) The notes in the text of this Rule do not form part of this Rule.

(8) Headings do not form part of this Rule.

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Section 2 - Committee

7 Establishment of Committee

(9) There is to be a Council Executive Committee.

8 Terms of Reference

(10) The Committee shall exercise the following functions for and on behalf of the Council, and in the name of the Council, in accordance with the rules, policies and procedures of the University. The Committee shall:

  1. provide advice on matters referred by the Vice-Chancellor between meetings of the Council;
  2. approve matters between scheduled meetings of the Council that are otherwise within the reserved delegated authority of the Council where:
    1. a matter requires urgent approval, and
    2. the motion cannot be deferred to the next meeting of the Council;
  3. approve expenditure in regard to any single item exceeding the delegated limit of the Vice-Chancellor;
  4. approve or ratify the admission of graduands to an award of the University and the affixing of the Common Seal of the University to a testamur certifying as to the same; and
  5. approve fees, charges or fines.

(11) Despite clause 9, the Committee may not exercise the following functions of the Council:

  1. approval of the appointment or removal of a member of the Council, the Academic Senate or a Committee of the Council; or
  2. approval of a delegation of any function of the Council under section 20 of the Act; or
  3. approval, or amendment, of a Rule approved by the Council.

(12) The Committee shall exercise such other functions as may be conferred on the Committee under a rule or resolution of the Council.

(13) The Committee has such other functions as may be necessary to enable it to exercise the functions specified in clauses 10 to 12.

(14) The Committee may engage external consultants, through the Secretary, where appropriate in exercising its functions.

(15) A member of the Committee may, where a matter is dealt with by flying minute, move that the matter be referred to the Council. Such a motion is deemed to have been moved if the member sends a copy of the motion to the Secretary by electronic means requesting the matter is referred.

(16) In exercising the functions of the Council, the Committee may:

  1. require the attendance of any employee of the University at a meeting of the Committee, and
  2. require regular or ad hoc reports from the University as determined by the Committee from time to time.

9 Membership

(17) The Committee shall comprise a minimum of four members, which must include:

  1. the Chancellor, who will act as the Chair;
  2. the Deputy Chancellor, who will act as Deputy Chair;
  3. the Vice-Chancellor;
  4. the Chair, Academic Senate.

(18) The Council may additionally appoint up to two other members of the Council to the membership, of which at least one must be an external member.

10 Term

(19) Members (other than those members who are office holders) shall be appointed at a meeting of the Council for a term not exceeding four years. Members may be re-appointed at the end of a term.

11 Meetings

(20) The Chair may approve for the whole, or any part, of a meeting of the Committee the attendance of:

  1. a member of the Council;
  2. Chief Financial Officer;
  3. Deputy Vice-Chancellor;
  4. Director, Strategic Planning; and
  5. an employee or contractor of the University or any external persons, for the purpose of providing advice or consultation to the Committee. 

(21) The Committee may meet face to face as determined by the Chancellor.

(22) Ordinary meetings of the Committee will be by flying minute in accordance with the Governance (Council Meetings) Rule 2023