RMIT Statute No. 01 (Amendment No. 2)
Part 1. Preliminary
2. Authorising Provision
Part 2. University Governance
Division 1 – Chancellor, Deputy Chancellor, Vice-Chancellor and Deputy Vice-Chancellor
6. Deputy Chancellor
Division 2 – Common Seal
9. Use of the common seal
10. Purposes for which the common seal may be used
11. Authorisation by the Chancellor, Deputy Chancellor(s) or Vice-Chancellor
12. Affixing and attestation
Part 3. Council
13. Composition of Council
14. Council Meetings
Part 4. The Academic Board
15. Membership of the Academic Board
16. Functions of the Academic Board
17. Academic Board Meetings
Part 5. Awards
Division 1 – Awards
18. Conferring Awards
Division 2 – Revocation of Awards
19. Revocation of awards
Part 6. Admission, Enrolment, Credit and Assessment
Division 1 – Admission and Enrolment of Students
20. Admission and Enrolment
Division 2 – Credit
21. Credit Towards Awards
Division 3 – Assessment
22. Forms of Assessment
Part 7. Student Conduct
23. Student Misconduct
24. Penalties for Misconduct
25. Student Conduct Bodies
Part 8. Titles and Honorary Degrees
Division 1 – Titles
26. University May Confer Titles on People Associated With It
Division 2 – Honorary Degrees
27. Honorary Degrees
28. Application of This Statute
29. Conduct of University Elections
30. Electoral Rolls
31. Functions and Powers of the Returning Officer
32. Returning Officer May Fill Casual Vacancies
Part 10. Property
Division 1 – Intellectual Property
33. Ownership of Intellectual Property
34. Intellectual Property Committee
Division 2 – Other Property
35. Administration of Trusts and other Property
Part 11. University Premises, Facilities, Services and Activities
36. Restricted Access and Use
Part 12. Affiliation
Part 13. General
Division 1 – Commencement of Statutes and Regulations
38. Commencement of Statutes and Regulations
Division 2 – Regulations
39. Power to Make Regulations
40. Making, Amendment and Promulgation of Regulations
Division 3 – Revocation and Transitional Provisions
41. Revocation of Statutes
42. Revocation of Regulations
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(1) The purpose of this Statute is to:
(1) This Statute is made under section 28 of the Royal Melbourne Institute of Technology Act 2010.
(1) The provisions of this Statute apply to all Statutes and Regulations.
(2) Unless the contrary intention appears:
(3) A reference in a Statute or Regulation to an Act, Statute, Regulation, policy or procedure unless the contrary intention appears, is a reference to that Act, Statute, Regulation, policy or procedure as amended or re-enacted as the case may be.
(4) Where a Statute or Regulation is revoked, amended or re-enacted the revocation, amendment or re-enactment does not, unless the contrary intention appears, affect:
(5) Unless the contrary intention appears:
(1) In any Statute or Regulation, unless the contrary intention appears:
Academic Board means the Academic Board established by Council under section 20 of the Act.
Act means the Royal Melbourne Institute of Technology Act 2010.
administrative error means an administrative error that results in an award being conferred to a person that has not fulfilled the requirements for the award to be conferred.
award includes a degree, diploma, certificate, license, honorary degree or other award.
college means the academic colleges specified by Council from time to time.
common seal means the University common seal referred to in section 7 of the Act.
electoral roll means an electoral roll, established and maintained by the returning officer in accordance with the Elections Regulations.
enrolled or enrolment means enrolled as a student of the University in accordance with the relevant policies and procedures.
fraud, for the purposes of Part 5, Division 2 of this Statute, includes but is not limited to:
honoris causa means for the sake of the honor.
intellectual property means confidential information or any rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including but not limited to rights under the Patents Act 1990, Copyright Act 1968, Design Act 2003, Trade Marks Act 1995, Plant Breeder's Rights Act 1994, Circuit Layouts Act 1989 and rights under any convention to which Australia is a party and under the common law.
member of the University means a person referred to in subsection 4(3) of the Act, adjunct professors, Honorary University Fellows and such other persons as Council may from time to time determine.
misconduct means general misconduct and/or academic misconduct and/or high risk misconduct.
Official University Holiday means those days as the Vice-Chancellor may declare.
person authorised by the University, for the purposes of Part 11 of this Statute, means:
postgraduate student means any student enrolled as a candidate for a graduate certificate, graduate diploma, degree of Master or Doctor or any other course for admission to which completion of a degree is normally required.
Regulations means regulations of the University made under Part 5 of the Act.
returning officer has the meaning given to it in section 29(2) of this Statute.
section means, except when used in reference to the Act, a section of the relevant Statute or Regulations.
Statute means a statute of the University made under Part 5 of the Act.
This does not include any person who:
undergraduate student means any student, whether they are a graduate of the University or of any other tertiary institution enrolled as a candidate for an award of the University not being a postgraduate award of the University.
University activities, for the purposes of Part 11 of this Statute, include:
University body means Council, its committees and the Academic Board.
University facilities and services include any building, equipment, vehicle, service or amenity provided by the University including University library resources and information technology resources.
University legislation means the Act, Statutes and Regulations.
University premises means premises:
VET means Vocational Education and Training.
(1) Council must, at or before the time it appoints a Chancellor, fix the term of office.
(2) The Chancellor holds office for the term, not exceeding five (5) years, fixed by Council, and may, subject to Schedule 1 of the Act, be reappointed.
(3) The Chancellor is, by virtue of the office, a member of all University bodies, except the Audit and Risk Management Committee.
(4) Subject to section 18 of the Act, any matter which in the opinion of the Chancellor requires urgent action may be the subject of a determination by the Chancellor which is as valid and effectual as if it had been passed by a meeting of Council duly called and constituted.
(5) The Chancellor shall report any determination made under section 5(4) to the next meeting of Council and provide reason for the determination.
(1) Council must, at or before the time it appoints one or more Deputy Chancellors, fix the term(s) of office.
(2) The Deputy Chancellor(s) hold office for the term, not exceeding five (5) years, fixed by Council, and may, subject to Schedule 1 of the Act, be reappointed.
(1) Council appoints a Vice-Chancellor for such term and on such conditions as determined by Council.
(2) The Vice-Chancellor:
(3) An acting Vice-Chancellor appointed by Council under section 27(1) of the Act holds office in the circumstances and for the period stipulated by Council.
(1) Council, on the recommendation of the Vice-Chancellor, appoints one or more Vice-Presidents for such term and on such conditions as determined by Council.
(2) A Vice-President:
(1) The common seal must not be used except as authorised by University legislation.
(2) The common seal is in the custody of the University Secretary or nominee.
(1) The University Secretary or nominee is authorised to affix the common seal to:
(1) The Chancellor, Deputy Chancellor(s) or the Vice-Chancellor may direct that the common seal be affixed to a document if the University Secretary is not available to direct the affixing of the seal.
(2) If the common seal is affixed in accordance with section 11(1), the Chancellor, Deputy Chancellor(s) or Vice-Chancellor must, as soon as practicable, report to Council on the fixing of the common seal and the reason for it.
(1) Where the common seal of the University is affixed to a document other than a testamur it is attested by two (2) members of Council or by one (1) member of Council and the University Secretary.
(2) Where the common seal of the University is affixed to a testamur it is attested by the Chancellor, Vice-Chancellor and/or University Secretary (with at least two (2) of the signatories).
(3) The University Secretary maintains a record of all documents to which the common seal of the University has been affixed.
(1) Subject to section 11 of the Act, Council must, from time to time determine the number of members of Council.(Section 76 provides for the composition of the Council until an order in Council is made under section 63)
(2) Council members may be appointed and reappointed, in accordance with Schedule 1 of the Act.
(1) Except as provided by University legislation, Council meetings must be called and conducted as determined by Council.
(1) The Academic Board comprises the members prescribed by the Regulations.
(1) Without limiting the generality of the powers and duties conferred or imposed upon it by the Act, the Academic Board:
provided that no such delegation will prevent or otherwise limit the Academic Board in the exercise of its powers, authorities, duties or functions.
(1) Academic Board meetings are called and conducted in accordance with the Regulations.
(1) Council may confer any award currently approved by the Academic Board.
(2) If Council confers any award, the University may issue a testamur for the degree, diploma, certificate, licence or other award.
(1) Subject to section 19(2) of this Statute, Council may revoke an award if:
(2) Except where a recommendation has been made under section 19(1)d), where Council determines that a prima-facie case exists for revoking an award under section 19(1), Council must establish a committee (the committee) to investigate the facts and to make a recommendation to Council based upon the findings of the committee.
(3) The committee will be constituted and conducted in accordance with the Regulations. Where upon consideration of the findings and recommendation of the committee Council is satisfied that an award has been conferred by fraud, administrative error, or in the case of an honorary degree, the recipient no longer satisfies the criteria referred to in Part 8 Division 2 of this Statute, Council may revoke that award.
(4) Upon an award being revoked by Council, the Academic Registrar (or University Secretary in the case of an honorary degree) notifies the person to whom the award was issued of the decision and that person is required to return to the University the testamur or other document issued in respect of that award.
(5) This Statute applies to awards conferred or granted whether before or after the date of commencement of this Statute and includes awards granted by the Phillip Institute of Technology, Melbourne Institute of Textiles or any other entity which has merged with or is now, or may in the future be, otherwise incorporated in the University.
(1) The University must conduct admission and enrolment of students in accordance with University legislation and the relevant policies and procedures.
(2) The Academic Board may set admission standards for entry to programs offered by the University.
(3) A person will not be enrolled in any program prescribed for any award unless that person has complied with the enrolment requirements set out in the relevant policies and procedures.
(4) A person will not be enrolled in any program prescribed for any award where for any reason the Academic Board considers it inappropriate that the person be enrolled.
(5) Upon enrolment, a student is bound by University legislation, policies and procedures.
(1) The University may:
(1) There are such forms of assessment as determined by the University in accordance with University legislation and the relevant policies and procedures.
(1) The University may determine expectations of conduct by students.
(2) A person commits misconduct if the person commits:
(3) A person commits academic misconduct if he or she while a student engages in conduct that is prescribed in the Regulations to be academic misconduct.
(4) A person commits general misconduct if he or she while a student engages in conduct that is prescribed in the Regulations to be general misconduct.
(5) A person commits high risk misconduct if he or she while a student engages in conduct that is prescribed in the Regulations to be high risk misconduct.
(1) A person who is found to have committed misconduct is liable to the penalties determined under the Regulations.
(1) There is a Student Conduct Board constituted and conducted in accordance with the Regulations and the relevant policies and procedures.
(2) There is a Student Conduct Appeals Committee constituted and conducted in accordance with the Regulations, and the relevant policies and procedures which, in accordance with the Regulations, may hear appeals against decisions of the Student Conduct Board or a senior officer of the University.
(3) The Student Conduct Board, the Student Conduct Appeals Committee and the officers specified in the Regulations have the power to determine matters of student conduct and where appropriate impose penalties as specified in the Regulations and the relevant policies and procedures.
(1) The University may, in accordance with the Regulations and the relevant policies and procedures, confer a title on a person who is associated with the University in a significant way, including a person who is not employed or appointed to an established or recurrent position.
(1) Council may, in accordance with the Regulations and the relevant policies and procedures, admit honoris causa any person to a degree specified in the Honorary Degrees Regulations.
(1) Part 9 of this Statute applies to elections for membership of bodies which are prescribed by the Regulations for the purposes of Part 9 of this Statute.
(1) Subject to University legislation, elections are conducted by the returning officer.
(2) In any election under this Statute or the Regulations, the University Secretary or their nominee is the returning officer.
(1) The electoral roll:
(1) The functions of the returning officer are to:
(2) The returning officer has power to carry out the functions and to discharge the duties conferred or imposed on the returning officer by University legislation.
(1) Subject to University legislation, the returning officer may appoint a person to fill a casual vacancy that would otherwise be filled by an election conducted under the Regulations if it appears to the returning officer that there is likely to be a delay in the filling of the vacancy resulting in one or more meetings of the body occurring without that vacancy being filled.
(2) The returning officer, in making the appointment, specifies the duration of the appointment, so that it terminates:
(1) The University owns intellectual property created by a member of staff in the course of their duties, which may require the member of staff formally to assign to the University their interest in any such intellectual property.
(2) A student of the University owns intellectual property which is created by the student in the course of their studies at the University except where:
(1) An Intellectual Property Committee may be established by Regulations.
(1) Any purchase, gift, grant, bequest or devise of property whatsoever real or personal or both to the University is administered and applied as determined by Council.
(1) A person must not, without the permission of the University or as otherwise authorised by law:
(2) The University may impose conditions or requirements on persons who are:
(3) A person must:
(4) If a person fails to comply with section 36(3), the University or a person authorised by the University may take reasonable steps to bring about the person’s removal from University premises or take reasonable steps to ensure that the person cannot continue to use University facilities and services or engage in University activities.
(1) Subject to section 29(1)(y) of the Act, the University may from time to time enter into such agreements for the affiliation to the University of such educational or other institutions as Council considers appropriate.
(1) Upon completion of the relevant approval processes, Statutes and Regulations come into operation on the day on which they are published to the RMIT website.
(1) Regulations may be made by Council:
(1) Regulations are made by Council resolution and application of the common seal.
(2) Regulations may be amended or revoked by a:
(1) On the commencement of this Statute the following Statutes are revoked:
On the commencement of this Statute the following Regulations are revoked: