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MONASH UNIVERSITY CALENDAR
Statutes



Chapter 1 - General

 

Statute 1.1 - Interpretation

1. In any statute of the university or any regulation or rule made thereunder, unless the contrary intention appears -

'Academic Board' means the Academic Board established by and as constituted under the Act, statutes and regulations;

'approved' means, in relation to a course, approved by the faculty board under the general supervision of which the course is prescribed;

'Act' means Monash University Act 1958;

'administrative officer' means an employee of the university not being a member of the teaching staff or a professor whether or not a member of the teaching staff;

'administrative position' means a position of employment in respect of which an administrative officer is, or if the position is vacant, will be employed;

'campus' means a campus of Monash University;

'Council' means the Council of Monash University established pursuant to the Act;

'course' means a course of study extending over a period of time, normally not longer than one academic year, including any lectures, tutorials, associated assignments, laboratory work and examinations specified as part thereof in regulations governing such courses;

'dean' means a dean of a faculty appointed pursuant to the Act and the statutes;

'department' means the unit of university organisation established by and constituted as such according to Statute 2.3 - The faculties and regulations made thereunder;

'diploma award' means the certificate awarded by the authority of Council to a diploma student qualifying either for the award of a diploma or of a graduate certificate of the university, as the case may be;

'faculty' means a faculty established pursuant to the Act;

'faculty board' means the governing body of a faculty established by and constituted according to the statutes of Monash University and regulations made thereunder;

'Gippsland campus' means the campus of Monash University on the lands described in the schedule to Statute 2.13 - Special provisions for the governance of Monash University (Gippsland campus);

'Gippsland external student' means a student certified by the registrar as such

'Gippsland internal student' means a person certified by the registrar as such;

'Gippsland Council' means the Advisory Council constituted under Statute 2.13 - Special provisions for the governance of Monash University (Gippsland campus);

'graduate' means a graduate of Monash University;

'international student' means a student holding a student visa for the purpose of obtaining an education in Australia;

'MAS' means the Monash Association of Students as established and constituted under Statute 2.10 - Monash Association of Students and constitution made thereunder;

'member of the administrative staff' means any person designated as such by the Council;

'month' means calendar month;

'officer' includes employee;

'part-time student' means a person certified by the registrar as such;

'professor' means a member of the teaching staff of the university appointed by the Council with the rank of professor, other than an associate professor or a clinical associate professor;

'prescribed' means prescribed by the Act, any statute of Monash University or regulation made thereunder;

'regulations' means regulations made under the statutes;

'rule' means a rule made by a person or body within a power of general superintendence or specific authority so to do in accordance with the Act and statutes of the university or regulations made thereunder;

'school' means the unit of university organisation established by and constituted as such according to Statute 2.3 - The faculties and regulations made thereunder;

'seal' means the common seal of Monash University;

'statute' means a statute of Monash University enacted pursuant to the Act;

'students' means those persons who are enrolled at the university either as candidates for any degree or diploma of the university or to pursue any subject or unit of the course for such a degree or diploma but does not include any student of another institution who is pursuing any subject or unit by arrangement between the university and the other institution, and does not include any person who:

(a)
has qualified for the degree or diploma or has completed the subject or unit, as the case may be;

(b) has been excluded from the university pursuant to the statutes or regulations;

(c) has had his candidature terminated pursuant to the statutes or regulations;

(d) has not for any academic year or other period of study re-enrolled by the date for re-enrolment specified by the registrar; or

(e) has given to the registrar signed written notice of discontinuance;

'graduate student' means a student enrolled as a candidate for a masters degree or a doctors degree of the university;

'undergraduate student' means a student enrolled as a candidate for a bachelors degree of the university;

'diploma student' means a student enrolled as a candidate for either a diploma or a graduate certificate of the university;

'teaching staff' means those members of the staff of the university holding appointments, whether full-time or part-time, as professors, readers, associate professors, clinical associate professors, senior lecturers, lecturers, assistant lecturers and such other members of the staff of the university as are appointed by the Council to be members of the teaching staff;

'Union' means the Union as established by and constituted under Statute 2.7 - The Union and constitution made thereunder;

'university' means Monash University as established and incorporated under the Act;

'year' means calendar year.


1. A
In any statute of the university or any regulation or rule made thereunder, unless the contrary intention appears, a reference to a department or school of a faculty includes a reference to any centre, division, or section of the faculty.

2.1 A heading of and within any statute or regulation shall be deemed to be part of that statute or regulation.

2.2 A schedule to a statute or regulation shall be part of that statute or regulation.

2.3 A footnote to a statute or regulation shall not be part of that statute or regulation.


3. A repeal of any statute or regulation in whole or in part, unless the contrary intention appears, shall not -

3.1 revive anything not in force or existing at the time at which the repeal takes effect; or

3.2 affect the previous operation of that statute or regulation, or anything duly done or suffered thereunder.


4.1 Any reference to any Act of the State of Victoria or any statute or regulation shall from the date of any amendment to such Act, statute or regulation, be deemed to be to that Act, statute or regulation as so amended.

4.2 In any reference to a statute the number before the first period refers to the chapter, and the number or numbers after the first period refer(s) to the statute.


5. In any statute, regulation or rule, unless the contrary intention appears -

5.1 words importing the masculine gender shall include the feminine;

5.2 words in the singular shall include the plural, and words in the plural shall include the singular;

5.3 a power conferred or duty imposed may be exercised or shall be performed as the case may be from time to time as occasion requires;

5.4 a reference to any person holding an office shall be to the person who holds or discharges the duties of that office for the time being;

5.5 a power conferred or duty imposed on the holder of an office as such, may be exercised or shall be performed as the case may be by the holder for the time being of that office;

5.6 a person appointed to an office in the university by virtue of some other office held by him, whether in the university or elsewhere, shall be referred to as holding the appointment ex officio;

5.7 a person appointed or elected for a term thereunder to an office in the university shall be eligible for re-appointment or re-election to that office.


6.1 The statutes and regulations shall be divided into sections, subsections, paragraphs and subparagraphs.

6.2 In the statutes and regulations:

6.2.1 a subparagraph shall be a part of a paragraph,

6.2.2 a paragraph shall be a part of a subsection,

6.2.3 a subsection shall be a part of a section and

6.2.4 a section shall be a part of a statute or regulation.

6.3 In the designation or numbering of or in the reference to a part of a statute or regulation the number before the first period shall refer to a section of the statute or regulation, the number after the first period shall refer to a subsection of a section, the number after the second period shall refer to a paragraph of a subsection and the number after the third period shall refer to a subparagraph of a paragraph.


7. The vice-chancellor and president, with the approval of Council, shall be and is hereby empowered to amend or alter the designation or numbering of or by changing the reference to any part of any statute or regulation, the designation or numbering of or the reference to which does not accord or comply with the system of designation or numbering referred to in section 6 of this statute.

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Statute 1.2 - Meetings


1. Subject to the Act this statute shall apply to any meeting of the Council, the Academic Board, any faculty or any faculty board, and may be applied by regulation of the Council to any meeting of a department or any other university body.


2.1 Subject to this statute a university body may regulate its own proceedings.

2.2 All proceedings shall be entered in a journal.

2.3 At each meeting the minutes of the preceding meeting shall -

2.3.1 be read, unless copies thereof have been previously circulated to members;

2.3.2 be confirmed or amended; and

2.3.3 be signed by the presiding chairman as confirmed with or without amendment.

2.4 No question shall be decided at any meeting unless such a quorum, if any, as is specified in the Act or any statute, regulation or rule governing the meeting, is present.

2.5 At any meeting -

2.5.1 subject to the rights of the chancellor, the deputy chancellors and the vice-chancellor and president to preside, the chairman of the body holding the meeting shall take the chair - provided that if the chairman is absent or has vacated the chair the members present shall elect one of their number to take the chair;

2.5.2 subject to the Act, any statute, regulation or rule specifically governing the matter -

2.5.2.1 any question shall be decided by a majority of members present and voting;

2.5.2.2 the chairman shall have a deliberate vote and, in case of an equality of votes, a second or casting vote;

2.5.3 if a quorum is not present within half an hour after the time appointed the meeting shall be adjourned to another time.

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Statute 1.3 - University holidays

1. The following days are to be observed as holidays in the university:

1.1 Australia Day;

1.2 Anzac Day;

1.3 Good Friday, Easter Saturday, Easter Monday and Easter Tuesday;

1.4 the days from and including Christmas Day to and including New Year's Day or, if it falls on a Saturday or Sunday, the Monday following it, but excluding each Saturday and Sunday which falls in that period of days and which is not Christmas Day, Boxing Day or New Year's Day; and

1.5 such other days, whether public holidays or not, as the chancellor or the vice-chancellor and president shall declare.

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