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Western Sydney University (Constitution) Rule 2019

The Board of Trustees of Western Sydney University makes the following rule under the Western Sydney University Act 1997 (NSW) as amended by the Universities Governing Bodies Act 2011.

Part 1 – Preliminary

1. Name of Rule

This Rule is the Western Sydney University (Constitution) Rule 2019.

2. Purpose of this Rule

The purpose of this Rule is to prescribe the size and membership of the Board of Trustees of the University in accordance with the provisions of the Western Sydney University Act 1997 (NSW), as amended by the governing body membership provisions prescribed under the Universities Governing Bodies Act 2011.

3. Commencement of this Rule

This Rule commences when the Western Sydney University Act 1997 (NSW) is amended by the governing body membership provisions prescribed under the Universities Governing Bodies Act 2011 (NSW)[being 8 February 2019].

Part 2 – Constitution of the Board of Trustees

4. Total Size and Categories

(1) The total number of members of the Board of Trustees is eighteen (18), subject to savings provisions set out in the Western Sydney University Act 1997 (NSW) as amended by the Universities Governing Bodies Act and this Rule.
(2) In accordance with the Western Sydney University Act 1997 (NSW) as amended by the Universities Governing Bodies Act 2011, the membership categories of the Board of Trustees are as follows:
  1. official members;
  2. elected members;
  3. members appointed by the Board of Trustees; and
  4. members appointed by the Minister.

5. Official Members

(1) The total number of official members of the Board of Trustees is three (3).
(2) The official members of the Board of Trustees are:
  1. the Chancellor;
  2. The Vice-Chancellor and President; and
  3. the Chair, Academic Senate.

6. Elected Members

(1) The total number of elected members of the Board of Trustees is four (4).
(2) The elected members of the Board of Trustees are, respectively:
  1. one person who is a member of the academic staff of the University;
  2. one person who is a member of the professional staff of the University;
  3. one person who is an undergraduate student of the University, but who is not a member of the academic or professional staff of the University; and
  4. one person who is a postgraduate student of the University, but who is not a member of the academic or professional staff of the University.

7. Members Appointed by the Board of Trustees

(1) The total number of external members appointed by the Board of Trustees is nine (9).
(2) One (1) of those external members must be a graduate of the University.
(3) Sub-clause (2) does not prevent the Board from appointing more than one (1) external person who is a graduate of the University.

8. Members Appointed by the Minister

The total number of external persons appointed by the Minister to the Board of Trustees is not to exceed two (2) members.

9. Miscellaneous Matters

The following matters with respect to membership of the Board of Trustees are as set out in (as the case may be) the Western Sydney University Act 1997 (NSW), the Western Sydney University By-Law 2017 and the Western Sydney University (Governance) Rule 2017:
  1. terms of office;
  2. eligibility and qualifications for holding office; and
  3. election or appointment procedures.

10. Savings Provision

Notwithstanding clauses 4(1) and 8 of this Rule, and subject to the Western Sydney University Act 1997 (NSW) as amended by the Universities Governing Bodies Act 2011:
  1. any person appointed by the Minister under section 12(1)(b) of the Western Sydney University Act 1997 (NSW) before this Rule commences; and
  2. whose term of office has not yet expired; or
  3. who has not resigned or otherwise ceased to hold office,
continues to hold office as a Ministerially-appointed member of the Board of Trustees for the balance of his or her term unless he or she sooner resigns, or otherwise ceases to hold office as a member of the Board of Trustees.