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The Pamphlet Collection of Sir Robert Stout: Volume 41

Appendix B.* — A Bill

Appendix B.*

A Bill

To extend the Powers and Benefits of the University of Melbourne.

Whereas a University consisting of a council and senate has been established at Melbourne for the promotion of sound learning in the colony of Victoria and duly constituted and appointed a body politic and corporate by the name of "The University of Melbourne," according to the provisions of an Act entitled "An Act to incorporate and endow the University of Melbourne" passed in the sixteenth year of the reign of her present Majesty and numbered thirty-four: And whereas the said University has been of great service to education and learning in the said colony of Victoria: And whereas it is expedient to enlarge the powers of and render the instruction imparted by the said University available to all classes and denominations of Her Majesty's subjects and to increase the staff of professors and lecturers and to give them a more direct share in the administration: Be it therefore enacted, &c., &c.

1. The Acts mentioned in the First Schedule hereto shall be and the

Schedule 1.

same are hereby repealed to the extent specified therein except as to all acts matters and things had done or happened and all statutes and regulations made and all degrees conferred under or by virtue of the provisions of the said Acts.
2. The council of the said University shall consist of thirty persons of whom not more than four shall be ministers of any religious denomination and shall be constituted as follows:—
  • The persons now forming the council shall continue members thereof and shall hold office for the terms of their natural lives unless their offices be vacated by resignation mental aberration or failure to attend meetings of the council as hereinafter mentioned:
  • The Governor in Council shall from time to time appoint two members from the roll of graduates of the University of Melbourne who shall hold office for the space of three years from such appointment:
  • The faculty of Medicine shall from time to time elect two members being respectively a professor and a lecturer of such faculty:
  • The faculty of Law shall from time to time elect two members out of such faculty who may both be lecturers in such faculty: page 164 and so soon as and whenever there are two professors in the faculty of Law then the faculty shall elect two members being respectively a professor and a lecturer of such faculty:
  • The Masters of Arts of the University of Melbourne until a faculty of Arts shall be constituted and after such faculty shall be constituted then such faculty of Arts shall elect two members being respectively a professor and a lecturer in the school or branch of study known as the Arts school until the constitution of such faculty as aforesaid, and after such constitution a professor and a lecturer of such faculty:
  • So soon as and whenever a faculty of Engineering and Practical Science shall be constituted such faculty shall elect from time to time while the number of members thereof shall not exceed ten one member of the said council being a professor or lecturer of such faculty, and when the number of members thereof shall exceed ten then two members of such council being a professor and a lecturer of such faculty:
  • The members of the council to be from time to time nominated and elected as aforesaid by the faculties of Law Medicine and Engineering and Practical Science and the masters or faculty of Arts respectively (hereinafter referred to as the members of the council elected from the teaching body) shall take no part nor vote in the administration of the University finances, and the said members of the council elected by the teaching body shall hold office for two years from the date of their election respectively.

3. If any member whatever of the said council shall absent himself without special leave thereof previously granted from all meetings of the same during any period of six consecutive calendar months his place shall thereupon become vacant. And whenever a vacancy shall he caused in the said council by the death resignation mental aberration expiration of tenure or failure to attend meetings as aforesaid of or by any member being before this Act a member of the said council or of or by any member to be elected in his room under this provision, such vacancy shall be filled by the election of such person as the senate shall at a meeting to be duly convened for that purpose elect, and every such person to be so elected as aforesaid shall hold office for the term of five years from such his election; and whenever any vacancy shall be caused by the death resignation mental aberration expiration of tenure failure to attend meetings as aforesaid or otherwise of or by any member of the said council appointed by the Governor in Council as aforesaid or elected by the teaching body such vacancy shall be filled by the election of some person qualified in like manner as the deceased or vacating councillor by the Governor in Council or by the faculty school or body respectively which elected such deceased or vacating councillor, and such new member shall hold office for the like term from the date of such his election to that for which the deceased or vacating councillor was elected.

4. The said council shall elect out of their own body a chancellor and a vice-chancellor for such period respectively not exceeding in either case five years as the said council shall appoint, and whenever a vacancy shall occur in the office of chancellor or vice-chancellor either by death resignation mental aberration expiration of tenure or otherwise the said council shall elect out of their own body a chancellor or vice-chancellor as the case may be instead of the chancellor or vice-chancellor occasioning such vacancy.

page 165
5. The senate of the University shall consist of all persons heretofore admitted or who shall hereafter be admitted by the University to any of the degrees of—
  • Master of Arts,
  • Doctor of Science,
  • Doctor of Literature,
  • Doctor of Medicine,
  • Master of Surgery,
  • Doctor of Laws,
  • Doctor of Music,
  • Master of Engineering,
  • Master of Practical Science,
and the said senate shall elect a warden out of their own body annually or whenever a vacancy shall occur,

6. All questions which shall come before the said council or senate respectively shall be decided by the majority of the members present who have power to vote on the question, and the chairman at any such meeting shall have a vote and in case of an equality of votes a casting vote; and no question shall be decided at any meeting of the said council unless six members thereof be present with power to vote on the question or at any meeting of the said senate unless twenty members thereof be present.

7. The said council shall have full power to appoint and dismiss all professors lecturers examiners officers and servants of the University, and shall have the entire management and superintendence of the affairs concerns moneys and property thereof subject to the statutes and regulations of the University, and shall fix the number stipend and manner of appointment and dismissal of the professors lecturers examiners officers and servants of the University; and shall have the right of final decisionion all matters whatsoever concerning the discipline teaching or administration of the University, with power to entertain and deal with any such matter direct or to remit the same for the opinion of or to be dealt with by the senate or any faculty school body or person or persons of the University: Provided that the members of the council elected from the teaching body shall not have power to take part in or vote in any division concerning the administration of the funds of the said University or the application thereof for any purpose or the ascertainment or determination of any stipend or payment or in any manner whatever in regard to the finances of the University.

8. The said council shall have full power to make any statutes and regulations and alter the same whether already made or hereafter to be made, and so as the same be not repugnant to any existing law or to the provisions of this Act touching the discipline of the University the number stipend and manner of appointment and dismissal of the officers thereof, the matriculation of students, the examination for fellowships scholarships prizes exhibitions degrees or honours and the granting of the same respectively, the fees to be paid as hereinafter mentioned, the lectures or classes of the professors and lecturers, the manner and time of convening the meetings of the said council and senate, and in general touching all other matters whatsoever regarding the University: Provided always that no new statute or regulation or alteration or repeal of any existing statute shall be of any force until approved by the senate, and the senate shall have power to amend any such statute or regulation submitted by the council for their approval and to return the same so amended for reconsideration by the said council, but shall have no power to originate any statute or regulation.

page 166
9. The council shall have the power to confer after examination the several degrees of—
  • Bachelor of Arts,
  • Master of Arts,
  • Doctor of Science,
  • Doctor of Literature,
  • Bachelor of Medicine,
  • Doctor of Medicine,
  • Bachelor of Surgery,
  • Master of Surgery,
  • Bachelor of Laws,
  • Doctor of Laws,
  • Bachelor of Music,
  • Doctor of Music,
  • Bachelor of Engineering,
  • Master of Engineering,
  • Bachelor of Practical Science,
  • Master of Practical Science,
according to the statutes and regulations of the University: Provided always that it shall be lawful for the said University to make such statutes as the said University may deem fit for the admission without examination to any such degree of persons who may have graduated at any other University.
10. The council shall have power to confer certificates of merit or competency under and subject to such regulations as the University shall enact on persons who shall give evidence of proficiency in any of the following subjects:—
  • Teaching,
  • Mining,
  • Agriculture,
  • Forestry,
  • Veterinary science,
  • Pharmacy,
  • Dentistry,
  • Technology,
  • Navigation, and
  • Commerce;
and to grant the title of associate or of licentiate in one or more of these subjects as the University by statute shall enact; but no such title shall be deemed a degree in or to make the recipient a member of the governing body of the said University.

11. No religious test shall be administered to any person in order to entitle him or her to be admitted as a student of the said University or to hold office therein or to graduate thereat or to hold any advantage or privilege thereof.

12. It shall be lawful for any female to present herself for any examination held by the said University; and every female who shall have fulfilled the conditions prescribed by the statutes and regulations of the said University for the time being for matriculation or for admission to any degree may be admitted to matriculate or to such degree respectively in the said University. But the said council may preclude the attendance of females upon any course or courses of lectures in the said University: Provided always that if twenty matriculated female students offer themselves for a specified course of lectures which shall under the regulations for the time being form part of the course of study in any year for a degree or certificate of the University the council shall provide means for the delivery of such lectures to such female students therein.

13. After the passing of this Act no fee shall be payable for attendance upon any course of lectures or for admission to any examination or degree or for any certificate in the said University: Provided always page 167 that it shall be lawful for the council of the said University to require payment of the fees following, that is to say:—
  • For admission to examination for matriculation and for admission to degrees and for certificates of engineer or of any examination respectively, the several sums respectively payable at the time of the passing of this Act in respect of such examination admission or certificate or any less sums.
  • For admission to the degrees of Bachelor of Surgery and Master of Surgery, and to any of the degrees which the council is hereby for the first time empowered to confer such respective sums as the University shall by statute enact.
  • For admission to every examination other than the examination for matriculation or for certificates of competency and merit a deposit not exceeding Two pounds, such deposit to be returned to the candidate if he shall pass such examination.
  • For admission to every examination for certificates of competency or merit under the tenth section of this Act a sum not exceeding Three pounds, such sum to cover the cost of the certificate if the candidates shall obtain the same.
  • For attendance upon any course of dissections and of work in the chemical laboratory such fees as the council shall direct to meet the expenses thereof.

14. It shall be lawful for the council to lease any land granted or hereafter to be granted to the University and to apply the rents thereof in and towards payment of the current charges of the year: Provided that it shall not be lawful for the University to alienate mortgage charge or demise any lands tenements or hereditaments of which it shall be or become seised or to which it shall be or become entitled by grant purchase or otherwise unless with the approval of the Governor and Executive Council of the said colony.

15. It shall be lawful for the said Governor by warrant under his hand addressed to the public Treasurer of the said colony to direct to be issued and paid out of the general revenue thereof the sum of Thirty-two thousand pounds in every year as a fund for maintaining the University and the several faculties schools and branches of study thereof, and for defraying the several stipends which may be appointed to be paid to the several examiners and the professors officers and servants to be appointed by the University in each of the said faculties schools and branches of study, and for defraying the expense of such fellowships scholarships prizes and exhibitions as shall be awarded for the encouragement of students in the University, and for providing and maintaining a library for the same, and for discharging all necessary charges connected with the management thereof in the respective proportions which are specified in the Second Schedule hereto: Provided that

Schedule 2.

the Governor in Council may from time to time alter the proportions in which the said fund is in the said Schedule applied for the purposes thereto mentioned: Provided further that it shall be lawful for the Governor in Council to pay to the University any capital sums in amounts of not less than One thousand pounds and to deduct the interest on such sums calculated at Five per cent, from the annual grant made to the University.

16. The said council shall during the month of May in every year report the proceedings of the University during the previous year to the Governor; and such report shall contain a full account of the income and expenditure of the said University audited in such a page 168 manner as the Governor may direct; and a copy of every such report and of all the statutes and regulations of the University allowed as aforesaid by the Governor shall be laid in each year before the Legislative Assembly.

17. The Governor of the said colony for the time being shall be the visitor of the University, and shall have authority to do all things which appertain to visitors as often as to him shall seem meet.

* See P 111.