Legislation

University of Melbourne Act 2009 (Vic)

The University of Melbourne Act 2009 (Vic) establishes the University, its governing body (University Council) and its core functions. The Act empowers the University to enact subordinate legislation (statutes and regulations) and act by way of resolution of its governing body or by the decision of its authorised officers.

The Act, statutes and regulations are complemented by policies and processes that either provide more detailed requirements for practice than specified in the relevant legislation or cover new areas of operation not covered in the formal legislation.

For some areas of operation (e.g. occupational health and safety, human resources, equal opportunity) there may also be other government legislation which will guide the development of relevant University policies and processes.

University Statute

Statutes are the primary legislative instrument of the University. University Statutes are enacted when:

  • The Act expressly requires it;
  • The University seeks to regulate conduct other than the conduct of an employee, client or other person who has contracted with it;
  • The Act has given a power to act by legislation, and the power is not one generally available to a body corporate (that is, the University has been granted a power to act as a body politic in areas not necessarily available to it as a body corporate, so activities in these areas must be governed by University legislation);
  • Balancing the rights of different classes of members of the University.

Regulations

University Regulations are subordinate legislative instruments under the Act, made under a ‘parent’ statute to regulate interpretation and implementation of the statute.