Western Australian College of Advanced Education Act 1984 (WA)

Western Australia Edith Cowan University Act 1984 Reprinted under the Reprints Act 1984 as at 8 June 2018 Western Australia Edith Cowan University Act 1984 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 3. Interpretation 2 Part II — Edith Cowan University 4. Establishment 5 5. Constitution and powers 6 6. Common seal 6 7. Functions of the University 7 Part III — The Council of the University 8. The Council 9 9. Constitution of the Council 9 9A. Nominations Committee 11 10. Term of office 12 10A. Members' duties 13 11. Vacation of office 13 11A. Removal of members for breach of certain duties and suspension pending removal 14 11B. Casual vacancies 16 12. Chancellor and meetings of Council 16 13. Disclosure of interests 17 14. Quorum 17 15A. Remuneration and allowances for Council members 17 15. Delegation by Council 18 Part IV — Functions, duties and powers of the Council 16. Functions and duties of the Council 19 17. Powers of Council 19 17A. Relief of members from liability 20 18. Academic Board 21 19. ECU South West Campus (Bunbury) 22 20. ECU South West Campus (Bunbury) Advisory Board 22 24. Western Australian Academy of Performing Arts 23 25. Advisory Board of Academy 24 25A. Remuneration and allowances for Advisory Board members 24 Part V — Statutes 26. Power to make Statutes 26 27. Approval, publication, disallowance and proof of Statutes 30 28A. Statutes to be made readily available to public 31 Part VI — University lands Division 1 — Vesting of land in University and by‑laws applicable to University lands 28. Land may be vested in the University 32 29. Power to make by‑laws applicable to lands 33 Division 2 — Leasing University land for commercial purposes Subdivision 1 — Preliminary 30A. Terms used 37 30B. Object of this Division 38 30C. Effect of Division on University functions, powers and obligations 39 Subdivision 2 — Power to lease University land for commercial purposes 30D. University may lease University land for commercial purposes with Ministerial approval 39 30E. Effect of approval to lease University land 40 30F. Approval in principle of university development proposal 41 30G. Application for advance determination of approval 42 30H. Advance determination of approval 43 30I. Approvals 44 30J. Notification of decision on application for approval 45 30K. Alteration of approval 45 30L. Payment agreements 46 30M. Minister may delegate functions under this Division 47 Part VII — Staff 30. Vice‑Chancellor 48 31. Academic and other staff 48 32. Continuation of existing rights 49 34. Superannuation 50 35. Staff associations 51 Part VIII — Financial provisions 36. Funds of the University 52 37. Borrowing and other ways of raising money 53 37A. Notice of borrowing 54 37B. Guarantees 54 37C. Charges for guarantee 55 38. Powers of Council to invest 55 38A. Trust property and trust moneys 56 38B. Repayment of trust moneys 56 39. Application of Financial Management Act 2006 and Auditor General Act 2006 56 Part IX — Student Guild 41. Establishment of Student Guild 58 41A. Amenities and services fee 60 41B. Council to include detail in Statute 61 Part X — Miscellaneous 42. Governor to be Visitor 62 43. Exemption from rate or tax 62 44A. Regulations 62 Part XI — Transitional and savings Division 1 — General 47. Continuation of Statutes, by‑laws and rules 64 48. Staff 65 49. Property 65 50. Superannuation 65 51. Associations continued 65 53. Continuation of rights of students 66 Division 2 — Transitional provisions for Universities Legislation Amendment Act 2016 54. Term used: commencement day 66 55. Transitional provisions (Council) 66 56. Transitional provisions (Deputy Chancellor) 67 57. Transitional provisions (Vice‑Chancellor) 68 58. Transitional provisions (Advisory Board of the Academy) 68 59. Transitional provisions (Statutes) 69 60. Transitional provisions (guarantees) 70 61. Transitional provisions (amenities and services fee) 70 Schedule 1 — Council members Division 1 — Duties 1. Duties 71 Division 2 — Disclosure of interests 2. Disclosure of interests 72 3. Voting by interested members 72 4. Clause 3 may be declared inapplicable 72 6. Minister may declare clause 3 inapplicable 73 Notes Compilation table 74 Uncommenced provisions table 76 Other notes 76 Defined terms Reprinted under the Reprints Act 1984 as at 8 June 2018 Western Australia Edith Cowan University Act 1984 An Act to establish and incorporate Edith Cowan University and for incidental and other purposes. [Long title inserted: No. 63 of 1990 s. 4; amended: No. 32 of 2016 s. 49.] Part I — Preliminary 1. Short title This Act may be cited as the Edith Cowan University Act 1984. [Section 1 amended: No. 63 of 1990 s. 19.] 2. Commencement This Act shall come into operation on a day to be fixed by proclamation. 3. Interpretation (1) In this Act unless the contrary intention appears — Academic Board means the Board established in accordance with section 18; Academy means the Western Australian Academy of Performing Arts referred to in section 24; Advisory Board means — (a) the ECU South West Campus (Bunbury) Advisory Board referred to in section 20(1); or (b) the Advisory Board of the Academy referred to in section 25(1); Alumni means graduates of — (a) the University; or (b) a constituent college or a college referred to in section 47 of the Colleges Act; or (c) a college established and maintained by the Minister at Churchlands, Claremont, Graylands, Mount Lawley or Nedlands under section 10 of the Education Act 1928 1 as in force immediately before the appointed day as defined in section 4 of the Teacher Education Act 1972 2; casual vacancy means a vacancy arising in the office of a member of the Council otherwise than by reason of the effluxion of time; Chancellor means the Chancellor of the University; Colleges Act means the Colleges Act 1978 3; commencement date means the date on which this Act comes into operation; Council means the Council of the University; Deputy Chancellor means the Deputy Chancellor of the University; enrolled student means a student enrolled in the University; examination means an examination conducted by the University and includes an examination conducted by any other person or body prescribed by the Statutes as a person or body authorised to conduct examinations for the University; member means a member of the Council; member of the staff means the Vice‑Chancellor, a member of the academic or other staff, an officer or employee of the University; prescribed means prescribed by this Act, by a by‑law made under this Act, by a Statute or by a rule made under a Statute; residential accommodation — (a) means any form of accommodation (including, without limitation, a residential college, hostel, hall of residence or form of independent living); and (b) includes facilities that are — (i) ancillary to residential accommodation; and (ii) primarily for the use of members of the staff, or enrolled students, or both; Statute means a Statute of the University in force in pursuance of this Act; Student Guild means the Edith Cowan University Student Guild referred to in section 41; University means Edith Cowan University referred to in this Act; Vice‑Chancellor means the Vice‑Chancellor of the University. (2) Any question arising as to whether a person is or is not a member of the academic staff, or a member of the salaried staff, or an officer or employee of the University shall be determined by the Council and the decision of the Council is final. (3) Any question arising as to whether a person — (a) is a member of the staff at the Academy or at a particular campus of the University; or (b) is an enrolled student at the Academy or at a particular campus of the University, shall be determined by the Council and the decision of the Council is final. [Section 3 amended: No. 77 of 1985 s. 11; No. 48 of 1989 s. 21; No. 63 of 1990 s. 5 and 19; No. 32 of 2016 s. 50.] Part II — Edith Cowan University [Heading amended: No. 63 of 1990 s. 19; No. 32 of 2016 s. 51.] 4. Establishment (1) On and after the day on which the Western Australian College of Advanced Education Amendment Act 1990 comes into operation (in this section referred to as the commencement day) the body corporate, consisting of the Council, the members of the staff and the enrolled students, that was continued in existence under this Act as if on the coming into operation of this Act it had been established under this Act by the name of the "Western Australian College of Advanced Education" is preserved and continues in existence as a body corporate under and subject to the provisions of this Act to be called "Edith Cowan University", but so that the corporate identity of the body corporate and its rights and obligations are not affected by the change in name. (2) A reference to the Western Australian College of Advanced Education, whether by use of that name or a similar or abbreviated form of that name — (a) in a written law passed or made before the commencement day; or (b) in any document or other instrument made, executed, entered into or done before the commencement day; or (c) made before the commencement day in any other manner, shall be construed as if it had been amended to be a reference to Edith Cowan University, unless because of the context it would be inappropriate to construe the reference in that manner. [Section 4 inserted: No. 63 of 1990 s. 6; amended: No. 32 of 2016 s. 52.] 5. Constitution and powers (1) Subject to this Act, the University shall consist of the Council, the members of the staff and the enrolled students. (2) The University shall be a body corporate and under its corporate name — (a) has perpetual succession; and (b) shall have a common seal; and (c) may sue and be sued in any court; and (d) may take, purchase and hold real and personal property, including property devised, bequeathed or given to the University; and (e) may grant, sell, alienate, assign and demise real and personal property acquired or held by the University as it thinks fit subject only, in respect of property devised, bequeathed or given to the University, to the express trusts of any deed, will, or instrument under which the property was acquired; and (ea) may grant leases of land vested in the University under section 28 for a term not exceeding 99 years subject, where the term exceeds 21 years, to the approval of the Minister; and (eb) may enter into business arrangements; and (f) may do and suffer all other acts and things that bodies corporate may by law do and suffer. [Section 5 amended: No. 63 of 1990 s. 7 and 19; No. 8 of 2005 s. 14; No. 32 of 2016 s. 53.] 6. Common seal (1) The common seal of the University shall be kept in such custody as the Council directs and shall not be used except upon resolution of the Council or as may be authorised by the Statutes. (2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the University affixed to any document and shall presume that it was duly affixed until the contrary is proved. [Section 6 amended: No. 63 of 1990 s. 19.] 7. Functions of the University (1) The functions of the University include the following — (a) to provide, on a full‑time or part‑time basis, courses of study appropriate to a university, and other tertiary courses; (b) to encourage and participate in the development and improvement of tertiary education; (c) to provide other courses of study approved by the Council; (d) to undertake, aid or support scholarship, pure and applied research, invention, innovation, education and consultancy, and to apply those matters to the advancement and application of knowledge — (i) to the benefit of industry, business and government; and (ii) to the benefit and wellbeing of the Western Australian, Australian and international communities; (e) to commercially develop or commercially use, for the University's benefit, any facility, resource or property (real or personal) of the University or in which the University has a right or interest (including, for example, study, research, knowledge and intellectual property and the practical application of study, research, knowledge and intellectual property), whether alone or with others; (f) to generate revenue for the purposes of funding the carrying out of its functions; (g) to foster the general welfare and development of all enrolled students; (h) to promote and encourage collaboration and consultation between the University and other institutions and authorities to ensure the greatest effectiveness and economy in expenditure and the most beneficial relationship between the University and other educational institutions within and outside the State; (i) to serve the Western Australian, Australian and international communities and the public interest by — (i) enriching cultural and community life; and (ii) raising public awareness of international, scientific and artistic developments; and (iii) promoting critical and free enquiry, informed intellectual discussion and public debate within the University and in the wider society; (j) to provide whatever facilities relating to its functions the Council thinks necessary or conducive to their attainment. (2) The University has all the powers, rights and privileges it reasonably needs to enable it to carry out its functions. (3) The University may carry out its functions and exercise its powers, including the power to enter into business arrangements, within or outside the State. [Section 7 inserted: No. 32 of 2016 s. 54.] Part III — The Council of the University [Heading amended: No. 63 of 1990 s. 19.] 8. The Council The governing authority of the University is the Council. [Section 8 amended: No. 63 of 1990 s. 19.] 9. Constitution of the Council (1) The Council consists of the following members — (a) 3 persons appointed by the Governor on the recommendation of the Minister; (b) the person for the time being the chairperson of the Academic Board; (c) the Vice‑Chancellor; (d) one person who is a member of the academic staff of the University and who is elected by the academic staff of the University in the manner prescribed by Statute; (e) one person who is a member of the non‑academic salaried staff of the University, and who is elected by the non‑academic salaried staff of the University in the manner prescribed by Statute; (f) 2 persons who are enrolled students — (i) one of whom is an undergraduate student and who is elected by the undergraduate students in the manner prescribed by Statute; and (ii) one of whom is a postgraduate student and who is elected by the postgraduate students in the manner prescribed by Statute; (g) 2 persons who are Alumni of the University and who are elected by the Alumni of the University in the manner prescribed by Statute; (h) not more than 5 persons appointed from time to time by co‑option by the Council; (i) if they are not already a member under paragraphs (a) to (h), the Chancellor. (2) The fact that a person holds an elective office (for example, an elective office of the Student Guild) does not disqualify that person being appointed or holding office under subsection (1). (3) The following persons are not eligible to be a member under subsection (1)(a) or (h) — (a) a person who is a member of the staff or otherwise engaged by the University; (b) an enrolled student. (4) The following persons are not eligible to be a member under subsection (1)(f) — (a) a full‑time member of the staff of the University; (b) a part‑time or casual employee of the University who works for at least 50% of the minimum time required to be worked by a full‑time member of staff. (5) The following persons are not eligible to be a member under subsection (1)(g) — (a) a full‑time member of the staff of the University; (b) a part‑time or casual employee of the University who works for at least 50% of the minimum time required to be worked by a full‑time member of staff; (c) an enrolled student who is enrolled on a full‑time basis. (6) Of the members — (a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector); and (b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector), and the member mentioned in paragraph (b) may also be one of the members mentioned in paragraph (a). [Section 9 amended: No. 63 of 1990 s. 9 and 19; No. 22 of 1996 s. 16(4); No. 10 of 1998 s. 30(1); No. 36 of 1999 s. 247; No. 74 of 2003 s. 46(4); No. 8 of 2005 s. 15; No. 32 of 2016 s. 55.] 9A. Nominations Committee (1) The Council must establish and maintain a committee of the Council called the Nominations Committee. (2) The Nominations Committee is to consist of not more than 6 members of the Council appointed by the Council. (3) The following members are not eligible to be appointed to the Nominations Committee — (a) the Vice‑Chancellor; (b) the chairperson of the Academic Board; (c) the member referred to in section 9(1)(d); (d) the member referred to in section 9(1)(e); (e) the members referred to in section 9(1)(f); (f) the members referred to in section 9(1)(g). (4) The functions of the Nominations Committee are — (a) to maintain lists of persons who are eligible and willing to be appointed to any vacancy or casual vacancy in the office of — (i) any member of the Council who is appointed by the Governor or the Council; or (ii) any member of an Advisory Board who is appointed by the Council; (b) to recommend to the Minister suitable candidates to a vacancy or casual vacancy in the office of any member who is appointed under section 9(1)(a); (c) to recommend to the Council suitable candidates for appointment by co‑option under section 9(1)(h). (5) The fact that the Nominations Committee or the Council has not recommended a person for appointment under section 9(1) does not prevent the person from being appointed or holding office under section 9(1). (6) The Nominations Committee may regulate its own procedure, but it must comply with any direction given by Council. [Section 9A inserted: No. 32 of 2016 s. 56.] 10. Term of office (1) Subject to section 11 — (a) a member appointed under section 9(1)(a) or (h) holds office for a period of 3 years, commencing on the day of their appointment, unless a shorter term of office is specified under subsection (4); (b) a member elected under section 9(1)(d), (e) or (g) holds office for a period of 3 years, commencing on the day their election takes effect, unless a shorter term of office is specified under subsection (5); (c) a member elected under section 9(1)(f) holds office for a period of one year commencing on the day their election takes effect, unless a shorter term of office is specified under subsection (5). (2) All retiring members are, unless otherwise disqualified, eligible for reappointment or re‑election. (3) However — (a) a member elected under section 9(1)(f) is not eligible for re‑election more than once; (b) a member other than a member elected under section 9(1)(f) is not eligible to be reappointed or re‑elected on the expiry of a third successive term of office until 12 months have elapsed after that expiry; (c) a member who is removed from office by the Council under section 11A is not eligible to be a member again until 5 years have elapsed since the removal. (4) The Governor or the Council may, when appointing a person as a member, specify a shorter term of office where an appointment for a shorter term is desirable to ensure that — (a) the terms of office of members expire at intervals that will produce reasonable continuity of membership; or (b) the terms of office expire on dates that afford the convenience of uniformity. (5) The Council may, before an election is held for the purposes of section 9(1), specify that the election of a person is for a shorter term of office where election for a shorter term is desirable for a reason referred to in subsection (4). [Section 10 inserted: No. 32 of 2016 s. 56.] 10A. Members' duties Schedule 1 Division 1 has effect. [Section 10A inserted: No. 8 of 2005 s. 18.] 11. Vacation of office The office of a member becomes vacant if — (a) the member resigns their office by written notice given to the Minister; or (b) the member is a person in respect of whom an administration order is in force under the Guardianship and Administration Act 1990 Part 6; or (c) the member is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (d) the member is convicted of an indictable offence; or (e) the member is removed from office by the Council under section 11A; or (f) the member is, or becomes, disqualified from managing corporations under the Corporations Act 2001 (Commonwealth) Part 2D.6; or (g) the member is absent without leave of the Council from 3 consecutive meetings of the Council; or (h) the member ceases to hold any qualification required for becoming or being a member; or (i) the member dies. [Section 11 inserted: No. 32 of 2016 s. 57.] 11A. Removal of members for breach of certain duties and suspension pending removal (1) The Council may — (a) remove from office a member for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3; (b) suspend from office a member who is alleged to have breached a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 until the motion for removal is put to the vote. (2) The removal or suspension from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed or suspended from office for breach of duty) was duly given. (3) Despite section 14(1), the removal or suspension of a member from office may be effected only if the motion for removal or suspension is supported by a majority comprising enough of the members for the time being for their number to be at least two‑thirds of the total number of offices (whether vacant or not) of member. (4) The motion for removal or suspension must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing. (5) If the member to whom the motion for removal or suspension refers does not attend the meeting, a reasonable opportunity to reply to the motion is to be taken to have been given if notice of the meeting has been duly given. (6) The Council cannot remove or suspend from office a member for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 except in accordance with this section. (7) A person must not vote on any question relating to the person's removal or suspension from office by the Council for the breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3, or be present while the matter is being considered at a meeting. (8) This section applies only in relation to a breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 that occurs after the Universities Legislation Amendment Act 2005 comes into operation. (9) A person does not breach a duty mentioned in Schedule 1 clause 1(1)(a), (b) or (c) by doing or omitting to do anything in compliance with a direction given to the person in exercise of a power conferred by a written law. (10) Subsection (9) does not extend to the manner in which a thing is done or omitted if it is done or omitted in a manner that is contrary to Schedule 1 clause 1(1)(a), (b) or (c) and the direction did not require that it be done in that manner. (11) The suspension from office of a member does not create a vacancy in that office. [Section 11A inserted: No. 8 of 2005 s. 20; amended: No. 32 of 2016 s. 58.] 11B. Casual vacancies If a casual vacancy occurs in the office of a member, the vacancy is to be filled in the same way as if that member's term of office had expired. [Section 11B inserted: No. 32 of 2016 s. 59.] 12. Chancellor and meetings of Council (1) The members shall from time to time as occasion arises — (a) elect a person, whether a member or not, to be the Chancellor of the University for a term not exceeding 3 years; (b) elect one of their number to be the Deputy Chancellor of the University for a term not exceeding 3 years. (2) A person whose whole or principal employment is that of a member of the staff is not eligible to be elected Chancellor or Deputy Chancellor of the University. (3) The Chancellor shall preside at all meetings of the Council at which he is present. (4) At any meeting of the Council at which — (a) the Chancellor is not present, the Deputy Chancellor of the University shall preside at the meeting; (b) the Chancellor and the Deputy Chancellor of the University are not present, the members present at the meeting shall elect a member to preside at that meeting, and while so presiding the Deputy Chancellor of the University or the member, as the case may be, has all the powers and duties of the Chancellor. (5) Subject to the Statutes, the Council shall hold such meetings as are necessary for the performance of its functions. (6) Subject to the Statutes, the Chancellor may at any time convene a meeting of the Council and shall convene a meeting when requested in writing by the Minister to do so or when so requested by any 3 members. (7) Subject to this Act and the Statutes the Council may regulate its own procedure in such manner as it thinks fit. [Section 12 amended: No. 63 of 1990 s. 19; No. 32 of 2016 s. 60.] 13. Disclosure of interests Schedule 1 Division 2 has effect. [Section 13 inserted: No. 8 of 2005 s. 21.] 14. Quorum (1) At a meeting of the Council — (a) not less than one‑half of the total number of members for the time being forms a quorum; (b) a question arising at the meeting shall be determined by a majority of the valid votes of the members present. (2) No act or thing done by the Council is invalidated, prejudiced or affected by reason of any vacancy in the membership of the Council or any failure to appoint or elect any member, or any defect in the appointment or election of any member so long as a quorum of the Council remains. 15A. Remuneration and allowances for Council members (1) A member of the Council is entitled to be paid the remuneration (if any) and allowances (if any) determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975. (2) Any remuneration and allowances payable are to be paid out of the funds available to the Council under section 36. [Section 15A inserted: No. 32 of 2016 s. 61.] 15. Delegation by Council (1) The Council may, in relation to any matter or class of matters, or in relation to any activity or function of the University, by resolution delegate all or any of its powers, authorities, duties and functions under this Act, except its powers in relation to the making of Statutes or by‑laws, to any board or committee constituted under this Act or a Statute or to a member or to a committee consisting of members appointed by the Council or to any officer or officers of the University. (2) The Council may by resolution revoke a delegation given under this section. (3) A resolution delegating a power, authority, duty or function may authorise the delegate to further delegate the delegated power, authority, duty or function to a person or body. (4) A subdelegation under this section must be in writing. (5) The Interpretation Act 1984 sections 58 and 59 apply to and in relation to a subdelegation under this section in the same way that they apply to and in relation to a delegation given under this section. [Section 15 amended: No. 63 of 1990 s. 19; No. 32 of 2016 s. 62.] Part IV — Functions, duties and powers of the Council 16. Functions and duties of the Council (1) Subject to this Act the Council shall — (a) perform any function or duty conferred or imposed upon the University under this Act; and (b) act in all matters concerning the University in such manner as appears to it best calculated to promote the objects and interests of the University; and (c) control and manage the operation, affairs, concerns and property of the University. [(2) deleted] [Section 16 amended: No. 48 of 1989 s. 22; No. 63 of 1990 s. 10 and 19.] 17. Powers of Council (1) Subject to this Act and the Statutes the Council has power to do all things necessary or convenient to be done for or in connection with the operation, affairs, concerns and property of the University and, in particular, the Council — (a) may, on behalf of the University, enter into and execute agreements with government departments and with other tertiary or post‑secondary education institutions for the purpose of the academic or other salaried staffing of the University and for the provision of the education that the University is authorised by this Act to provide; and (b) may, on behalf of the University, enter into and execute contracts for the planning, construction, modification and maintenance of buildings and for minor works and services; and (c) may provide courses of study appropriate to a university, or other tertiary courses, on a full‑time or part‑time basis at such place or places as are determined by the Council and may with the approval of the Minister declare that any such place or places constitute a campus of the University; and (d) may establish guidelines for the use of University facilities by the community and levy and collect appropriate charges for such use; and (e) may, on behalf of the University, award — (i) appropriate degrees, diplomas and certificates; and (ii) appropriate honorary awards, to enrolled students and other persons; and (fa) may provide residential accommodation for members of staff, or enrolled students, or both; and (f) may exercise any other power vested in it under this Act. (2) Any degree, diploma or certificate or honorary award of the University awarded by the Council shall be evidenced by a certificate given in accordance with the Statutes. [Section 17 amended: No. 48 of 1989 s. 23; No. 63 of 1990 s. 11 and 19; No. 32 of 2016 s. 63.] 17A. Relief of members from liability If, in any civil proceeding against a person who is or was a member for negligence, default, breach of trust or breach of duty in the person's capacity as a member, it appears to the court that the person — (a) is, or may be, liable in respect of the negligence, default or breach; and (b) has acted honestly; and (c) ought fairly to be excused for the negligence, default or breach having regard to all the circumstances of the case, including those connected with the person's appointment, the court may relieve the person either wholly or partly from liability on such terms as the court thinks fit. [Section 17A inserted: No. 8 of 2005 s. 22.] 18. Academic Board (1) There shall be an Academic Board of the University. (2) The constitution of the Academic Board, the number of persons who shall comprise the Academic Board from time to time, the method of their appointment and selection, their term of office, the conduct of proceedings and all other matters in the opinion of the Council necessary or desirable to ensure the effective exercise of the functions of the Academic Board may be prescribed by Statute. (3) The functions of the Academic Board shall include — (a) the discussion and submission to the Council of opinions and recommendations on academic policy, academic development, the admission of students, instruction, studies and examinations, research, the admission to degrees, the discipline of the University and any other matters which in the opinion of the Academic Board are relevant to the objects of this Act; and (b) the furnishing to the Council of reports on all matters referred to it by the Council for consideration; and (c) such other acts or matters as may be conferred or imposed by Statute, and the Academic Board shall have all such powers as may be necessary to discharge its functions. [Section 18 inserted: No. 63 of 1990 s. 12.] 19. ECU South West Campus (Bunbury) (1) On and after the day on which section 46 of the Statutes (Repeals and Minor Amendments) Act 2003 comes into operation (in this section referred to as the commencement day), the campus of the University constituted under this Act, as in force immediately before the commencement day, and known as the Bunbury Campus of the University continues to be so constituted but shall be known as the ECU South West Campus (Bunbury) of the University. (2) A reference to the Bunbury Campus of the University, or to the Bunbury Institute of Advanced Education, whether by the use of that name or a similar or abbreviated form o