Edith Cowan University Act 1984



Edith Cowan University Rules Amendment 
No. 5 of 2004




COUNCIL STANDING ORDERS 2004






COUNCIL STANDING ORDERS 2004






CONTENTS



	Page

PART 1	– INTRODUCTORY MATTERS	5
1.1	Citation	5
1.2	Commencement	5
1.3	Content and intent	5
1.4	Application	5
1.5	Definitions	6
1.6	Sources of power	7
PART 2	– THE COUNCIL AND COMMITTEES	7
Division 1  –  Council	7
2.1	Council membership	8
2.2	Term of office of a Council member	8
2.3	Vacation of office of a Council member	9
Division 2  –  Committees	9
2.4	Appointment of a Committee	10
2.5	Committee membership	10
2.6	Chair and Deputy Chair	11
2.7	Alternate Committee members	11
2.8	Term of appointment	11
2.9	Committee to report	13
PART 3	- HOLDING AND CONVENING MEETINGS	13
3.1	Holding and convening Council meetings	13
3.2	Holding Committee meetings	13
3.3	Notice of a meeting	14
3.4	Agenda for a Council meeting	14
3.5	Initiation of an item by a Council member	14
3.6	Agenda for a Committee meeting	15
3.7	Initiation of an item by Chancellor or Vice-Chancellor	15
PART 4	– CHAIRING, QUORUM AND ATTENDANCE	16
Division 1 – Who presides	16
4.1	Chair of a Council meeting	16
4.2	Chair of a Committee meeting	16
Division 2 – Quorum	16
4.3	Quorum for a Council meeting	16
4.4	Quorum for a Committee meeting	17
4.5	Disclosure of material personal interest – effect on quorum for a Committee meeting	17
4.6	Quorum not present at stipulated meeting time	17
4.7	Quorum lost during meeting	17
4.8	Names to be recorded	18
Division 3 – Attendance	18
4.9	Participation by video or telephone link	18
4.10	Attendance at a Council meeting	18
4.11	Attendance at a Committee meeting	19
4.12	Accredited observers	19
4.13	Invitees	20
4.14	University security staff	20
4.15	Staff, students and members of the public	20
PART 5	– DISCLOSURE OF INTERESTS	21
5.1	Duties of disclosure and participation	21
5.2	Duty to disclose possible interests of another	22
PART 6	– CONDUCT OF MEETINGS	22
Division 1  –  Meeting business	22
6.1	Order of business	22
6.2	Declaration of opening	23
6.3	Apologies	23
6.4	Leave of absence	23
6.5	Disclosure of members' interest	23
Division 2  –  Motions and amendments	23
6.6	Reference to motion includes amendment	23
6.7	Procedure on moving a motion	24
6.8	Unopposed motion	24
6.9	Opposed motion	24
6.10	Division of motion	24
6.11	Amendment or withdrawal of motion	24
Division 3  –  Procedures for debate	24
6.12	Member to address the Chair	24
6.13	Chair to be heard	25
6.14	Chair may take part in debate	25
6.15	Priority of speaking	25
6.16	Speaking more than once	25
6.17	Right of mover to speak	25
6.18	Questions during debate	25
6.19	No speaking after motion put	25
6.20	Limit of speeches	25
6.21	Motion to amend	26
6.22	Adopted recommendation is a decision	26
Division 4  –  Procedural motions	26
6.23	Permissible procedural motions	26
6.24	No debate on a procedural motion	27
6.25	Motion that 'the meeting now adjourn'	27
6.26	Motion that 'the meeting proceed to the next item of business'	28
6.27	Motion that 'the meeting proceed in closed session'	28
6.28	Motion that 'the meeting now be closed'	29
6.29	Motion that 'the ruling by the Chair be overruled'	29
6.30	Motion that a person 'no longer be heard'	29
6.31	Motion that 'the question be adjourned'	29
6.32	Motion that 'the question now be put'	30
6.33	Motion that 'the question lie on the table'	30
Division 5  –  Conduct at meetings	30
6.34	Chair to preserve order	31
6.35	Meaning of 'out of order'	31
6.36	Precedence given to points of order	31
6.37	Ruling by the Chair	31
6.38	Continued breach of order	31
6.39	Serious disorder	32
Division 6  –  Voting and rescission	32
6.40	Voting at a Council meeting	32
6.41	Voting at a Committee meeting	32
6.42	Voting procedure	33
6.43	Recording of votes	33
6.44	Rescinding a Council decision	33
6.45	Rescinding a Committee decision	33
PART 7	– MINUTES AND RECORDING OF MEETINGS	34
7.1	Secretary to keep minutes	34
7.2	Content of minutes	34
7.3	Draft and confirmed minutes	34
7.4	Use of recording equipment	35
PART 8	- OUT-OF-MEETING BUSINESS	35
8.1	Decision may be made outside a meeting	35
8.2	Materials to be given to members	35
8.3	Voting	35
8.4	Notice of outcome	36
8.5	Minutes	36
PART 9	– SUSPENSION OF STANDING ORDERS	37
9.1	Suspension of Standing Orders	37
SCHEDULE 1	38



COUNCIL STANDING ORDERS 2004



Under the powers conferred on it by the Edith Cowan University Act 1984, the Edith Cowan University Statutes and any other enabling powers, the Council of Edith Cowan University resolved on 16 Octobert 2004 to make these Standing Orders.



PART 1 – INTRODUCTORY MATTERS
1.1 Citation
(1) These rules may be cited as the Council Standing Orders 2004.

(2) In the clauses that follow, these rules are referred to as 'These Standing Orders'.

1.2 Commencement
       These Standing Orders come into operation from the date on which they are published.

		Note:  clause 4 of University Statute No. 4 provides that:

'A Rule, the amendment of a Rule or the revocation of a Rule shall be published at the University by posting a copy of it on a notice board in or outside that part of the University building or buildings containing the administration offices of the University or as directed and authorised by the Council'.

1.3 Content and intent
(1) These Standing Orders regulate the conduct of meetings of the Council and Committees.

(2) These Standing Orders are intended to result in:

(a) better decision making by the Council and Committees;
(b) the orderly and efficient conduct of meetings dealing with the University's business; and
(c) greater understanding of the rules governing the conduct of meetings.
1.4 Application
These Standing Orders apply to:

(a) the Council;
(b) each of the Committees listed in the Schedule;
(c) any other Committee appointed by the Council under clause 6.a. of University Statute No. 5 that resolves to adopt these Standing Orders; and
(d) any person attending a meeting of the Council or a Committee.
1.5 Definitions
(1) In these Standing Orders, unless the contrary intention appears:

'absolute majority' means more than 50% of the total number of members (excluding any unfilled vacancies) of the Council or a Committee (as the case may be);

'accredited observer' means a person designated as an accredited observer by the Council under clause 4.12;

'alternate member' means a person appointed by the Council under clause 2.7;

'Chair' means the person presiding at a meeting of the Council or a Committee (as the case may be);

'Committee' means a committee, appointed by the Council under clause 6.a. of University Statute No. 5, to which these Standing Orders apply;
       
'Committee member' or 'member of a Committee' means, in relation to a particular Committee, a person, who need not be a Council member, who has been appointed by the Council, under clause 6.b. of University Statute No. 5, to be a member of that Committee;

'Council' means the Council of the University;

'Council Executive' means the Committee referred to in clause 4.10;

'Council member', or 'member of the Council', means a person described in section 9 of the ECU Act;

'Deputy Chair' means the deputy chair of a Committee elected under clause 2.6(4);

'ECU Act' means the Edith Cowan University Act 1984;

'invitee' means a person referred to in clause 4.13;

'majority' means more than half of the votes of those present at a meeting;

'meeting' means a meeting of the Council or a meeting of a Committee;

'member' means:

(a) in relation to the Council – a Council member; and
(b) in relation to a Committee – a Committee member;

'Secretary' means:

(a) in relation to the Council – the Secretary of the Council; and
(b) in relation to a Committee – the Secretary of the Committee;



'Vice-Chancellor' means the Chief Executive Officer of the University appointed under section 30 of the ECU Act.

(2) Unless these Standing Orders provide otherwise, words and expressions have the same meaning as are given to them in the ECU Act, University Statute No. 1 and other University statutes.

1.6 Sources of power
(1) Among the sources of power to make these Standing Orders are:

(a) section 12(7) of the ECU Act; and
(b) clause 1(a), (o) of University Statute No. 4.
Notes:

1.	Section 12(7) of the ECU Act states:

'Subject to this Act and the Statutes the Council may regulate its own procedure in such manner as it thinks fit'.

2.	Clause 1.a., o. and p. of University Statute No. 4 states:

'The Council may make rules not inconsistent with the Act or with any Statute with respect to:
a.	the management, good government and discipline of the University;
…
o.	the manner and time of convening, holding and adjourning the meetings of the Board of the Institute, the manner of voting at those meetings, the powers and duties of the Chairperson of the Board, the conduct and record of the business, the appointment of committees of the Board and the quorum, powers and duties of those committees; and
p.	any matter authorized or directed by the Act to be prescribed by Statute in relation to the University'.

(2) The power to amend, and the procedures applying to an amendment of, these Standing Orders is set out in clause 3 of University Statute No. 4.

Note:  clause 3 of University Statute No. 4 states:

'The Council may by resolution, revoke or amend the whole or any part of a Rule.  A Rule shall not be revoked or amended unless notice of the intention to move such a motion is placed on the agenda of a meeting of the Council'.




PART 2 – THE COUNCIL AND COMMITTEES
Division 1  –  Council

2.1 Council membership
The membership of the Council is dealt with in section 9 of the ECU Act.

	Note:  section 9 of the ECU Act states:

		'(1)	Subject to this Act the Council shall consist of — 
(a)	6 persons appointed by the Governor being persons with experience in education, the professions, industry or commerce and such other persons who are representative of the community;
(aa)	1 person who is nominated by the Minister charged with the administration of the School Education Act 1999;
(b)	the person for the time being holding office as the chief executive officer of the University;
(c)	2 persons who are members of the full-time academic staff of the University who are elected by members of that staff in such manner as is prescribed by Statute;
(d)	1 person who is a member of the full-time salaried staff, other than academic staff, of the University, and who is elected by members of that staff in such manner as is prescribed by Statute;
(e)	2 persons who are enrolled students of the University, and who are elected by the enrolled students of the University, in such manner as is prescribed by Statute;
(f)	2 persons who are elected by and from among the persons whose names are registered on the Register of Alumni maintained by the University;
(g)	the person for the time being holding the office of chairperson of the ECU South West Campus (Bunbury) Advisory Board constituted under section 20;
(h)	the person for the time being holding the office of chairperson of the Board of the Academy;
(i)	3 persons appointed from time to time by co-option by the Council; and
(j)	if he is not already a member pursuant to one of the foregoing paragraphs, the Chancellor.
(2)	Proceedings of the first meeting of the Council after the commencement date are not invalid by reason only that a recommendation for or an appointment to an office referred to in subsection (1)(i) has not been made.
(3)	A person whose whole or principal employment is that of a member of the staff of the University is not eligible to hold office by virtue of subsection (1)(a), (e), (f) or (i)'.

2.2 Term of office of a Council member
The term of office of a Council member is dealt with in section 10 of the ECU Act.

	Note:  section 10 of the ECU Act states:

		'(1)	Subject to this Act — 
(a)	an appointed member holds office for such period not exceeding 3 years as is specified in the instrument of his appointment;
(b)	an elected member, other than a member referred to in section 9(1)(e) holds office for a term of 3 years from the date on which his election takes effect;
(c)	a member referred to in section 9(1)(e) holds office for a term of one year from the date on which his election takes effect; and
(d)	a person holding office as a member pursuant to section 9(1)(j) shall hold that office for the term of his office as Chancellor.
(2)	Subject to subsections (3) and (4) all retiring members are, unless otherwise disqualified, eligible for reappointment or re-election.
(3)	A member referred to in section 9(1)(e) is not eligible for re-election more than once.
(4)	A member other than a member referred to in section 9(1)(e) is not eligible to be reappointed on the expiry of a third successive term of office until 12 months have elapsed after such expiry.
         	(5)	Where a vacancy occurs in the office of an elected member — 
(a)	if, at the expiration of 3 months from the occurrence of the vacancy, the office has not been filled by election, it may be filled by a person who has been appointed by the Governor and has the like prescribed qualification as that of the member whose office has become vacant; and
(b)	if the vacancy occurs otherwise than by effluxion of time, the person who fills the vacancy shall, subject to this Act, hold office as member for the residue of his predecessor’s term of office.
         	(6)	In this section — 
“appointed member” means a member referred to in section 9(1)(a) or 9(1)(i);
“elected member” means a member referred to in section 9(1)(c), 9(1)(d), 9(1)(e) or 9(1)(f)'.

2.3 Vacation of office of a Council member
The circumstances in which the office of a Council member becomes vacant is dealt with in section 11 of the ECU Act.

	Note:  section 11 of the ECU Act states:

		'The office of a member becomes vacant if — 
         	(a)	his term of office expires by effluxion of time;
         	(b)	he resigns his office by writing under his hand addressed to the Minister;
         	(c)	he becomes permanently incapable of performing his duties as a member;
	(d)	he is an undischarged bankrupt or has his affairs under liquidation by arrangement with his creditors;
         	(e)	he is convicted of an indictable offence;
	(f)	he is absent without leave of the Council from 3 consecutive meetings of the Council; or
(g)	he ceases to hold any qualification required for his becoming or being a member'.

Division 2  –  Committees



2.4 Appointment of a Committee
(1) The Council's power to appoint a Committee is dealt with in clause 6.a. of University Statute No. 5.

Note:  clause 6.a. of University statute No. 5 states:

'The Council from time to time may:
i.	appoint Committees either for general or specific purposes;
ii.	require a Committee to advise the Council in respect of any matter or class of matters'.

(2) When appointing a Committee, the Council is to specify:

(a) the Committee's terms of reference;
(b) any powers authorities, duties or functions delegated to the Committee; and
(c) the number of members and composition of the Committee.
Notes:

1.	The power of delegation by the Council to a Committee is dealt with in section 15(1) and (2) of the ECU Act and clause 7 of University Statute No. 5.

2.	Section 15(1) and (2) of the ECU Act states:

'(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 this power of delegation and 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 and no delegation so given prevents the exercise or discharge by the Council of any of its powers, authorities, duties or functions'.

3.	Clause 7 of University Statute No. 5 states:

'The Vice-Chancellor shall cause an appropriate officer of the Council to establish and maintain a register of all resolutions of the Council passed pursuant to section 15 of the Act delegating all or any of the Council's powers, authorities, duties and functions under the Act and all resolutions revoking any such delegation'.

(3) The Council may, at any time:

(a) amend any of the matters specified under subclause (2) in relation to a Committee; and
(b) terminate the appointment of a Committee.

2.5 Committee membership
(1) The membership of a Committee is dealt with in clause 6.b. of University Statute No. 5.

Note:  clause 6.b. of University Statute No. 5 states:

'The membership of Committees appointed by the Council shall be determined by the Council and may include persons who are not members of the Council'.

(2) The Vice-Chancellor's membership of Committees is dealt with in clause 6.c. of University Statute No. 5.

Note:  clause 6.c. of University State No. 5 states:

'The Vice-Chancellor shall be an ex officio member of all Committees established by the Council except when specifically excluded by resolution of the Council'.

2.6 Chair and Deputy Chair
(1) Each Committee is to have a Chair and Deputy Chair.

Note:  clause 8 of University Statute No. 5 states:

'The Chancellor shall preside at and regulate all meetings at which he is present'.

(2) The Council is to appoint the Chair of each Committee.

(3) The Chair of a Committee:

(a) must be a Council member under section 9(1)(a), (aa), (b), (f), (g), (h), (i) or (j) of the ECU Act; and
(b) cannot be a person whose employment is that of a member of staff of the University.
(4) The Deputy Chair of a Committee is to be elected by, and from, the members of the Committee.

Note:  the relevant provisions of section 9 of the ECU Act are cited as a note to clause 2.1 above.

2.7 Alternate Committee members
(1) The Council may, subject to subclause (2), appoint a person as an alternate member for a particular Committee member.

(2) A member of a Committee is not eligible to be appointed as an alternate member in respect of the same Committee.

(3) Whenever a Committee member is unable to attend a Committee meeting, his or her alternate member may:

(a) attend the meeting in place of the Committee member; and
(b) exercise all the rights and privileges of the Committee member.
2.8 Term of appointment
(1) The office of a Committee member, including a Chair or Deputy Chair of a Committee, who is a Council member, becomes vacant if:

(a) his or her term of appointment as a Committee member, if any, expires by effluxion of time;
(b) he or she resigns as a member of the Committee, by notice in writing addressed and delivered to the Chancellor;
(c) his or her office as a Council member becomes vacant;
(d) he or she is not reappointed by the Council following its review of Committee memberships;
(e) except in the case of the Chancellor, Pro-Chancellor, Vice-Chancellor or Vice-Chancellor's alternate member, he or she is absent without leave of the Committee for 3 consecutive meetings of the Committee; or
(f) the appointment of the Committee is terminated.
(2) The appointment of a Committee member who is not a Council member:

(a) is to be for a specified term, which is renewable, but subject to earlier expiry under subclause (3) or 4; and
(b) is not to exceed, in aggregate, 9 years on the same Committee.
(3) The office of a Committee member, including a Deputy Chair, who is not a Council member becomes vacant if:

(a) his or her term of appointment expires by effluxion of time;
(b) he or she becomes permanently incapable of performing his or her duties as a Committee member;
(c) he or she is an undischarged bankrupt or has his or her affairs under liquidation by arrangement with his or her creditors;
(d) he or she is convicted of an indictable offence;
(e) he or she ceases to hold any qualification required for becoming or remaining a Council member;
(f) the Council resolves, after consideration of a motion of which notice has been given in the agenda, to terminate his or her membership; or
(g) the appointment of the Committee is terminated.
(4) The Nominations Committee is:

(a) to conduct an annual review of the membership, including the Chair, of each Committee; and
(b) to recommend to the Council who should be appointed or reappointed to each Committee.
(5) The Council is to determine, annually, having regard to the recommendations of the Nominations Committee, who should be appointed or reappointed to each Committee.

2.9 Committee to report
The duty of a Committee to report to the Council is dealt with in section 15(3) of the ECU Act.

	Note:  section 15(3) of the ECU Act states:

'Each committee appointed by the Council pursuant to this section shall report to the Council on its activities at such times as the Council directs'.


PART 3 - HOLDING AND CONVENING MEETINGS
3.1 Holding and convening Council meetings
(1) The holding and convening of Council meetings is dealt with in section 12(5) and (6) of the ECU Act and clause 2 of University Statute No. 5.

Notes:

1.	Section 12(5) and (6) of the ECU Act states:

'(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 4 members'.

2.	Clause 2 of University Statute No. 5 states:

'a.	The Council shall hold such meetings as are necessary for the exercise of its functions.
b.	The Chancellor may at any time convene a meeting of the Council.
c.	Upon the written request of any 4 members of the Council, the Chancellor shall convene a special meeting of the Council to be held within 14 days of the request.  The written request shall set forth the object or objects for which the meeting is required'.

(2) Unless the Council determines otherwise:

(a) it is to meet at least 6 times each year; and
(b) the dates and times of the Council meetings for each year are to be determined by the Council at its final meeting for the previous year.


3.2 Holding Committee meetings
(1) Each Committee is to meet at least 4 times each year.

(2) A special meeting of a Committee is to be held:

(a) if called for by either:
(i) the Chancellor; or
(ii) the Chair of the Committee if the Chancellor is not the Chair; or
(b) if so decided by the Committee.
3.3 Notice of a meeting
The Secretary is to convene an ordinary or special meeting and is to give notice of an adjourned meeting by giving each member, so far as practicable at least 72 hours before the meeting:

(a) notice of the date, time and place of the meeting;
(b) an agenda for the meeting; and
(c) papers relevant for the meeting.
3.4 Agenda for a Council meeting
(1) The content of the agenda for a Council meeting is to be determined by the Chancellor, on advice from the Secretary and after consultation with the Vice-Chancellor.

(2) As a general principle, but subject to the powers of the Chancellor and the Council to determine otherwise, an item requiring a decision of the Council is to be the subject of a recommendation by the relevant Committee.

(3) The Secretary is to prepare, for each item on the agenda, a cover sheet indicating the source and terms of the recommendation.

3.5 Initiation of an item by a Council member
(1) This clause applies to all Council members, other than the Chancellor and Vice-Chancellor.

(2) A Council member who wishes to place an item on the agenda for a Council meeting is to notify the Secretary of the proposed item.

(3) On receiving a notification from a Council member under subclause (2):

(a) the Secretary is to refer the item, as appropriate:
(i) to the next meeting of the appropriate Committee; or
(ii) if the item is of an administrative character, to the Vice-Chancellor;
(b) the Secretary may require the Council member to provide a paper outlining the nature of the issue and the proposed course of action; and
(c) where the item has been referred to a Committee, the Committee may:
(i) decide that no further action be taken;
(ii) include the item, for information, in its report to the Council; or
(iii) make a recommendation to the Council on the matter.

(4) The Secretary is to advise the Council member of what action was taken under subclause (3)(a) and the outcome of any action taken under subclause (3)(c).

(5) A Council member who wishes the Council, at a particular meeting, to consider a matter that:

(a) is both urgent and important to the interests of the University; and
(b) is not on the agenda for the meeting,
the Council member may move a motion to that effect at the meeting.

(6) If the motion under subclause (5) is carried, the Chair is to determine when the item will be dealt with at the meeting.

3.6 Agenda for a Committee meeting
(1)	The content of the agenda for a Committee meeting is to be determined by the Chair of 	the Committee on advice from the Secretary.

(2)	A Committee member may apply to the Chair through the Secretary to have an item 	placed on the agenda provided the item is relevant to the Committee in light of the 	Committee’s terms of reference.

(3) A Committee member may move a motion at a Committee meeting to have an item considered that is not on the agenda.

(4) If a motion referred to in subcaluse (3) is carried, the Chair is to determine at what point the item will be dealth with during the meeting.

3.7 Initiation of an item by Chancellor or Vice-Chancellor
(1) The Chancellor or Vice-Chancellor may bring any matter, that is not an item on the relevant agenda but is considered by the Chancellor or Vice-Chancellor (as the case may be) to be both urgent and important to the interests of the University, to the attention of:

(a) the Council – at a Council meeting; or
(b) the relevant Committee – at or before the Committee meeting,
for information or decision.

(2) The Chair is to determine when the matter is to be dealt with at the meeting.


PART 4 – CHAIRING, QUORUM AND ATTENDANCE
Division 1 – Who presides

4.1 Chair of a Council meeting
(1) The question of who presides at a Council meeting is dealt with in section 12(3) and (4) of the ECU Act.

	Note:  section 12(3) and (4) of the ECU Act states:

'(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 Pro-Chancellor of the University shall preside at the meeting;
(b)	the Chancellor and the Pro-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 Pro-Chancellor of the University or the member, as the case may be, has all the powers and duties of the Chancellor'.

(2) If, under Part 5 of these Standing Orders, the Chair declares an interest and steps down, the meeting is to be chaired, during the Chair's absence, in accordance with section 12(4) of the ECU Act as though the Chair were not present.

4.2 Chair of a Committee meeting
(1) The question of who presides at a Committee meeting is dealt with, in part, in clause 8 of University Statue No. 5.

Note:  clause 8 of University Statute No. 5 states:

'The Chancellor shall preside at and regulate all meetings at which he is present'.

(2) If the Chancellor is not present at a Committee meeting, the meeting is to be chaired by:

(a) the Chair of the Committee, appointed by the Council under clause 2.6(2);
(b) in the absence of the Chair, the Deputy Chair, elected by the Committee under clause 2.6(4); or
(c) in the absence of both the Chair and Deputy Chair, a member elected by, and from, the members at the meeting.
(3) If, under Part 5 of these Standing Orders, the Chair declares an interest and steps down, the meeting is to be chaired, during the Chair's absence, in accordance with subclause (2) as though the Chair were not present.

Division 2 – Quorum

4.3 Quorum for a Council meeting
The quorum for a Council meeting is dealt with in section 14 and clause 5 of Schedule 1 of the ECU Act.

	Notes:  

         1.	Section 14 of the ECU Act states:

		'(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'.

2. Clause 5 of Schedule 1 of the ECU Act states:

‘Despite section 14(1), if a member is disqualified under clause 3 in relation to a matter, a quorum is present during the consideration of the matter if at least 8 members are present who are entitled to vote on any motion that may be moved at the meeting in relation to the matter’.

3.	Clause 3 of Schedule 1 of the ECU Act deals with a member who is disqualified as a result of having a ‘material personal interest’ in a matter that is being considered by the Council.  The text of clause 3 is quoted in clause 5.1(1) below.

4.4 Quorum for a Committee meeting
The quorum for a Committee meeting is to be not less than one-half of the total number of members of the Committee, excluding:

(a) any vacancies in the membership of the Committee; and
(b) any Committee members who have an approved leave of absence.
4.5 Disclosure of material personal interest – effect on quorum for a Committee meeting 
If a person leaves a meeting because he or she has a material personal interest in the item before the meeting, that person is to be counted as a member but is not to be counted as present in determining whether a quorum exists in respect of that item.  

4.6 Quorum not present at stipulated meeting time 
(1) For a Council meeting, the procedure to be followed if there is no quorum within 30 minutes after the time appointed is dealt with in clause 3.b. of University Statute No. 5.

	Note:  clause 3.b. of University Statute No. 5 states:

'In the event of a quorum not being present within 30 minutes after the time appointed for a meeting, the meeting shall be adjourned to a time not later than 14 days after the date of such adjournment'.

4.7 Quorum lost during meeting
(1) If, at any time during a meeting, the Chair becomes aware that a quorum is not present, he or she is to immediately suspend the proceedings of the meeting for a period of 10 minutes.

(2) If a quorum is not present at the expiry of that period, the Chair is to adjourn the meeting to a future time and date.

4.8 Names to be recorded
At any meeting:

(a) at which there is not a quorum present; or
(b) which is adjourned for want of a quorum,
the Secretary is to record, in the minutes, the names of the members then present.

Division 3 – Attendance

4.9 Participation by video or telephone link
(1) The Chair of a meeting may permit a person to participate in the meeting by video or telephone link from a location approved by the Chair.

(2) A person who participates in a meeting under this clause is taken to be present at the meeting for the purposes of assessing whether there is a quorum.

4.10 Attendance at a Council meeting
(1) A Council meeting is not a public meeting.

(2) Only Council members and the Secretary are entitled, as of right but subject to these Standing Orders, to attend and participate in a Council meeting.

(3) Among the categories of those who, subject to this Division, may attend as observers are:

(a) accredited observers (under clause 4.12);
(b) invitees (under clause 4.13);
(c) University security staff (under clause 4.14);
(d) staff and students of the University (under clause 4.15); and
(e) members of the public (under clause 4.15).
(4) At any time before a Council meeting, the Council Executive may decide, by absolute majority, that any or all of the categories of persons listed in subclause (3) are not to attend the meeting.

(5) A decision of the Council Executive under subclause (4) may be rescinded by the Council.

(6) A person, other than a Council member or the Secretary, may speak at a meeting of the Council only after being invited to do so by the Council, and in accordance with that invitation.

4.11 Attendance at a Committee meeting
(1) A Committee meeting is not a public meeting.

(2) The only people entitled, as of right but subject to these Standing Orders, to attend and participate in a Committee meeting are:

(a) the members of that Committee and the Secretary;
(b) the Chancellor – in accordance with subclause (3); and
(c) the Vice-Chancellor, unless specifically excluded by resolution of the Council.
Note:  clause 6.c. of University Statute No. 5 states:

'The Vice-Chancellor shall be an ex officio member of all Committees established by the Council except when specifically excluded by resolution of the Council'.

(3) Unless specifically excluded by a resolution of the Council, the Chancellor may become an ex officio member of a Committee by giving notice in writing to the Chair of the Committee.

(4) A Council member who is not a member of a particular Committee:

(a) may, with the leave of the Chair of that Committee, attend as an observer at a meeting for which leave is given;
(b) may, with the leave of the Chair of that Committee, speak at that meeting; and
(c) is not entitled to vote on any motion before the meeting.
(5) Others who may be given permission to attend, or in some cases to attend and (to a limited extent) participate, in a Committee meeting are:

(a) accredited observers (under clause 4.12);
(b) invitees (under clause 4.13); and
(c) University security staff (under clause 4.14).
4.12 Accredited observers
(1) The Council may, by resolution, designate a person to be an accredited observer:

(a) to attend the meetings of the Council or meetings of one or more specified Committees, or both; and
(b) for a period (that may be renewed from time to time) of up to one calendar year.
(2) An accredited observer:

(a) is to receive the agenda and minutes of the meetings that he or she is entitled, as an accredited observer, to attend; 
	(b)	is not to receive papers or materials relating to the confidential section of a 		Council agenda; and

(c)	may, at the invitation of the Chair or by vote of the meeting, speak at the 	meeting.
4.13 Invitees
The Council, a Committee or a Chair may:

(a) invite a person (an 'invitee') to attend, as an observer, all or part of a meeting;
(b) give permission for the invitee to speak to the meeting; and
(c) ask the invitee to depart at the completion of an item or any other time.
4.14 University security staff
The Council, a Committee or a Chair may, in consultation with the Vice-Chancellor  require the attendance, at or in connection with any meeting, of one or more members of the University security staff.

4.15 Staff, students and members of the public
(1) In ordinary circumstances, and subject to this clause and clause 4.10, staff and students of the University and members of the public may attend meetings of the Council to observe its proceedings.

(2) When authorised by the Chancellor or the Council, the Secretary is to publish a public notice requiring that a member of staff or a student of the University, or a member of the public, who wishes to attend a Council meeting must give to the Secretary at least 48 hours written notice of his or her wish to attend.

(3) A public notice under subclause (2) is to be published in a suitable manner:

(a) at least 7 days before the Council meeting to which it relates; and
(b) in any event on the University website.
(4) Where a public notice is published under this clause:

(a) the Secretary, when authorised by the Chancellor or the Council, may exclude from the meeting any person who has not given notice to the Secretary under subclause (2); and
(b) the Secretary may, where seating at the meeting is limited or is anticipated to be limited, give priority to the following categories of people (in descending order) to attend the meeting:
(i) staff and students of the University who complied with the public notice;
(ii) members of the public who complied with the public notice; and
(iii) any other person.


PART 5 – DISCLOSURE OF INTERESTS

5.1 Duties of disclosure and participation
(1) The duties of a member who has a material personal interest in a matter being considered or about to be considered by the Council, and related provisions, are contained in clauses 2-6 of Schedule 1 of the ECU Act.

Note:  clauses 2-6 of Schedule 1 of the ECU Act state:

        ‘2.	Disclosure of interests
(1)	A member who has a material personal interest in a matter being considered or about to be considered by the Council must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest at a meeting of the Council.
(2)	A disclosure under subclause (1) is to be recorded in the minutes of the meeting.
        3.	Voting by interested members
A member who has a material personal interest in a matter that is being considered by the Council —
        (a)	must not vote whether at a meeting or otherwise —
        (i)	on the matter; or
(ii)	on a proposed resolution under clause 4 in respect of the matter, whether relating to that member or a different member;
        and
        (b)	must not be present while —
        (i)	the matter; or
(ii)	a proposed resolution of the kind referred to in paragraph (a)(ii),
        is being considered at a meeting.
        4.	Clause 3 may be declared inapplicable
Clause 3 does not apply if the Council has at any time passed a resolution that —
        (a)	specifies the member, the interest and the matter; and
(b)	states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.
        5.	Quorum where clause 3 applies
Despite section 14(1), if a member is disqualified under clause 3 in relation to a matter, a quorum is present during the consideration of the matter if at least 8 members are present who are entitled to vote on any motion that may be moved at the meeting in relation to the matter.
        6.	Minister may declare clauses 3 and 5 inapplicable
(1)	The Minister may, on the application of a member, by writing declare that clause 3 or 5 or both of them do not apply in relation to a specified matter either generally or in voting on particular resolutions.
(2)	The Minister must cause a copy of a declaration made under subclause (1) to be laid before each House of Parliament within 14 sitting days of that House after the declaration is made’.

(2) The duties and other provisions of clauses 2, 3 and 4 of Schedule 1 of the ECU Act are also to apply to a member or other person in respect of each committee of which he or she is a member or an attendee, as if all references in those clauses to ‘Council’ were to be read as ‘Committee’.

5.2 Disclosing possible interests of another
(1) A member who is aware that another member:

(a) has, or may have, a material personal interest in a matter ('possible interest'); and
(b) has not disclosed the possible interest, 
may inform the meeting of the possible interest.

(2) If a member who is considered, under subclause (1), to have a possible interest does not accept that he or she has a material personal interest, the Chair is to ask the meeting to decide whether the member has a material personal interest.


PART 6 – CONDUCT OF MEETINGS
Division 1  –  Meeting business

6.1 Order of business
(1) Unless otherwise resolved by the Council or a Committee (as the case may be), the order of business at any ordinary meeting is:

       1.	declaration of opening;
       
       2.	apologies;
       
       3.	members on leave of absence and applications for leave of absence;
       
       4.	confirmation of minutes;
       
       5.	announcements by the Chair;
       
       6.	urgent business;
       
       7.	disclosure of member's interests;
       
       8.	strategic issues;
       
       9.	governance issues;
       
       10.	general business;
       
       11.	confidential matters; and
       
       12.	closure.
       
(2) Where a meeting is adjourned to the next ordinary meeting, the business that was not dealt with at the earlier meeting is to be dealt with immediately after any urgent business.

(3) At any other adjourned meeting, the only business to be dealt with is the business that was not dealt with at the earlier meeting.

6.2 Declaration of opening
The Chair is to declare the meeting open, and the time of that declaration is to be recorded in the minutes.

6.3 Apologies
A member who is not present at a meeting is to be recorded as an apology if he or she notified the Secretary, before the meeting, of his or her proposed non-attendance.

6.4 Leave of absence
(1) A member who proposes to be absent for 2 or more consecutive meetings is to request a leave of absence.

(2) A request for leave of absence is to be made by the member:

(a) orally – at an earlier meeting; or
(b) in writing given to the Secretary – before the first of the meetings at which the member proposes to be absent.
(3) A request under this clause is to be taken to be approved unless the Chair or any other member requires the request to be put to a vote.

6.5 Disclosure of members' interest
Under the 'disclosure of members' interests' item, the Chair is to ask members to disclose:

(a) at that time; or
(b) as soon as they become aware of any interest during the course of the meeting,
any interest in a matter that relates to an item of business or that is discussed at the meeting.

Division 2  –  Motions and amendments

6.6 Reference to motion includes amendment
In this division, a reference to a motion includes a reference to an amendment to a motion.

6.7 Procedure on moving a motion
(1) A member who wishes to move a motion is to state the substance of the motion and may speak to it.

(2) No other member may speak to the motion unless it is seconded.

(3) If there is no seconder to a motion, the Chair is to declare that the motion has lapsed for want of a seconder.

6.8 Unopposed motion
(1) Immediately after a motion has been moved and seconded, the Chair may ask the meeting if any member opposes it.

(2) If no member opposes the motion, the Chair may declare the motion carried without debate and without taking a vote.

(3) A motion declared carried under this clause is taken for all purposes to be a resolution of the meeting.

6.9 Opposed motion
       If a member opposes a seconded motion, it is to be debated and put to the vote.

6.10 Division of motion
The Chair may, on his or her own initiative or at the request of a member, order a motion to be divided and put in the form of 2 or more motions.

6.11 Amendment or withdrawal of motion
(1) A member who moves a motion is not to amend it without the consent of the seconder.

(2) A motion may be withdrawn by the mover and the seconder with the consent of the Council or Committee (as the case may be) which, if given, is to be given without debate.

(3) A member is not to speak on a motion after consent to withdraw it has been given.

Division 3  –  Procedures for debate

6.12 Member to address the Chair
A member moving a motion or amendment, taking part in the discussion, or asking a question:

(a) is to address the Chair; and
(b) is to cease to speak immediately after being asked to do so by the Chair.
6.13 Chair to be heard
Whenever the Chair speaks during a debate, any member then speaking and all other members are to be silent, so that the Chair may be heard without interruption.

6.14 Chair may take part in debate
Subject to these Standing Orders, the Chair may take part in the discussion on any matter before the meeting.

6.15 Priority of speaking
(1) Only one person is to speak at any time.

(2) Where, at the same time, 2 or more people indicate a desire to speak, the Chair is to decide which person is entitled to priority.

6.16 Speaking more than once
(1) Unless the meeting is in closed session, a member is not to speak more than once on any motion or amendment before the meeting.

(2) The Council or Committee may, by resolution without debate, suspend the operation of subclause (1) either:

(a) generally, for all or part of the meeting, until the meeting resolves to lift the suspension; or
(b) in respect of specified members for a specified debate.
6.17 Right of mover to speak
The mover of a motion may invoke his or her right to speak at any time during discussion on a motion.

6.18 Questions during debate
(1) A member may ask a question, directed through the Chair, at any time during the debate on a motion before the motion is put.

(2) The Chair is to nominate a member or person to answer the question.

(3) There is to be no discussion on the answer to the question.

6.19 No speaking after motion put
A member is not to speak on, or ask any question about, any motion or amendment after it has been put.

6.20 Limit of speeches
(1) Except with the consent of the meeting, a person is not to speak on any motion or in answer to a question for more than 5 minutes, the timing for which is the responsibility of the Secretary.

(2) The Council may allow a longer period for the provision of a report.

6.21 Motion to amend
(1) A proposed amendment to a motion:

(a) is to be relevant to the motion; and
(b) is not to have the effect of negating the motion.
(2) Any number of amendments may be moved to a motion, but when an amendment is moved to a motion, no second or subsequent amendment is to be moved or considered until the first or previous amendment has been withdrawn, carried or lost.

(3) In speaking to an amendment, a member may give notice of his or her intention to move a further amendment or another motion.

(4) Where an amendment is carried, the motion as amended becomes the motion for consideration.

6.22 Adopted recommendation is a decision
Where a meeting adopts a recommendation contained in a report, either with or without amendment, the recommendation adopted is taken to be a decision of the meeting.

Division 4  –  Procedural motions

6.23 Permissible procedural motions
(1) A member may, subject to subclause (2), move any of the following procedural motions without notice:

(a) that the meeting now adjourn;
(b) that that meeting proceed to the next item of business;
(c) that the meeting proceed in a closed session;
(d) that the meeting now be closed;
(e) that the ruling by the Chair be overruled;
(f) that the person no longer be heard;
(g) that the question be adjourned;
(h) that the question now be put; and
(i) that the question lie on the table.
(2) A member who has moved, seconded, or spoken for or against a motion, or any amendment to a motion:

(a) may move 'that the ruling by the Chair be overruled'; and
(b) may not move any other procedural motion which, if carried, would close the debate on the primary motion or amendment.
6.24 No debate on a procedural motion
(1) In respect of a motion referred to in paragraphs (f) and (h) of clause 6.23(1):

(a) the mover is not to speak to the motion;
(b) the seconder is not to speak, other than to formally second the motion; and
(c) there is to be no debate on the motion.
(2) In respect of a motion referred to in any of the other paragraphs of clause 6.23(1):

(a) the mover may speak to provide a reason for the motion;
(b) the seconder is not to speak, other than to formally second the motion; and
(c) there is to be no debate on the motion.
6.25 Motion that 'the meeting now adjourn'
(1) A member is not, at the same meeting, to move or second more than one motion to adjourn the meeting.

(2) If a motion to adjourn the meeting is lost, no similar motion is to be moved until:

(a) after the conclusion of the business under discussion when the motion was moved;
(b) if the motion was moved on the conclusion of an item of business, after the conclusion of the next item of business; or
(c) after the conclusion of any other business which may be given precedence by the meeting.
(3) If a motion to adjourn the meeting is carried, the Chair is to adjourn the meeting:

(a) to the time and date specified in the motion; or
(b) where no time and date is specified, to the time and date declared by the Chair.
(4) If a motion to adjourn the meeting is carried before the meeting had completed its consideration of a matter then before it:

(a) the Secretary is to record in the minutes the names of those who have spoken on the matter before the adjournment;
(b) the meeting's consideration of that matter is to be continued immediately after the meeting resumes following the adjournment; and
(c) if the adjournment interrupted a debate on a motion, the person who was speaking immediately before the adjournment is entitled to continue.
6.26 Motion that 'the meeting proceed to the next item of business'
(1) A motion that the meeting proceed to the next item of business is not to be moved in respect of the election of an office bearer of the Council or a Committee.

(2) If a motion that the meeting proceed to the next item of business is carried:

(a) the meeting is to proceed to the next item of business; and
(b) the matter which was then under consideration is not to be further considered at that meeting.
6.27 Motion that 'the meeting proceed in closed session'
(1) If a motion that the meeting proceed in closed session is carried:

(a) the Chair is to direct that everyone except:
(i) the members of the meeting; and
(ii) a person authorised by the meeting to remain,
is to leave the meeting;

(b) a person directed to leave the meeting is to comply immediately with that direction; and
(c) the meeting is to continue in closed session until:
(i) the meeting is closed or adjourned; or
(ii) the meeting decides to continue in open session before being closed or adjourned.
Note:  while a meeting is in closed session, a member may speak more than once on any motion or amendment before the meeting – see clause 6.16.

(2) A person who fails to comply with a direction under subclause (1) may, by order of the Chair, be removed from the meeting room.

(3) At:

(a)	the resumption of the meeting in open session; or
(b)	the next meeting, whichever occurs first,
unless the meeting resolves otherwise, the Chair is to cause any motion carried by the meeting when it was in closed session to be read aloud.

(4) Unless the meeting resolves otherwise, a person must not publish or disclose to anyone other than a member anything said or done in a closed meeting, other than:

(a) a resolution of the meeting; or
(b)	any other information recorded in the minutes.
6.28 Motion that 'the meeting now be closed'
(1) A member is not, at the same meeting, to move or second more than one motion to close the meeting.

(2) If a motion to close the meeting is lost, no similar motion is to be moved until:

(a)	after the conclusion of the business under discussion when the motion was moved;
(b)	if the motion was moved on the conclusion of an item of business, after the conclusion of the next item of business; or
(c)	after the conclusion of any other business which may be given precedence by the meeting.
(3) If a motion to close the meeting is carried:

(a)	the Chair is immediately to close the meeting;
(b)	no further business is to be conducted at that meeting; and
(c)	any business outstanding on the agenda for that meeting is to be carried forward to the next meeting.
6.29 Motion that 'the ruling by the Chair be overruled'
If a motion to overrule a ruling of the Chair is carried, that ruling is of no effect and the meeting is to proceed on this basis.

6.30 Motion that a person 'no longer be heard'
If a motion that a person no longer be heard is carried, the Chair is not to allow the speaker who was the subject of a motion to participate in any discussion:

(a) on the matter then before the meeting; or
(b) if the matter is a motion, on that motion or on any amendment relating to it.
6.31 Motion that 'the question be adjourned'
(1) A motion that the question be adjourned is not to be moved in respect of the election of an office bearer of the Council or a Committee.

(2) A member is not, at the same meeting, to move or second more than one motion for the adjournment of the same question.

(3) A motion that the question be adjourned is to specify either:

(a)	a later time at the same meeting; or
(b)	another meeting of the Council or Committee, as the case may be,
to which the question is adjourned.

(4) If a motion that the question be adjourned is carried:

(a)	all discussion on the question is to cease; and
(b)	discussion on the question is to resume at the time and date specified in the motion.
(5) If a motion that the question be adjourned is carried at a meeting of the Council or a Commmittee:

(a) the Secretary is to record in the minutes the names of the people who have spoken on the question; and
(b) the person who was speaking immediately before the question was adjourned is entitled to continue.
6.32 Motion that 'the question now be put'
(1) A motion that the question now be put is not to be moved by a member who has already spoken on the question.

(2) If the motion that the question now be put is carried during discussion of a primary motion without amendment, the mover of the primary motion, if he or she has not already spoken, may speak in reply.

(3) If a motion that the question now be put is carried during discussion of an amendment, the Chair is to put the amendment to vote without further discussion.

6.33 Motion that 'the question lie on the table'
(1) If a motion that the question lie on the table is carried:

(a)	discussion on the primary motion and any amendment is to cease;
(b)	the meeting is to proceed to the next item of business; and
(c)	discussion on the question laid on the table is to be adjourned until such time, if any, as the meeting resolves to take the question from the table.
(2) Where discussion on a motion is interrupted by laying the question on the table under this clause:

(a) the Secretary is to record in the minutes the names of those people who have spoken on the matter; and
(b) on the resumption of the discussion, the member who moved the motion that the question lie on the table is to be entitled to speak first.
(3) A motion that the question lie on the table is not to be moved in respect of the election of an office bearer of the Council or a Committee.

Division 5  –  Conduct at meetings

6.34 Chair to preserve order
The Chair is to preserve order and, whenever he or she considers it necessary, may call any person to order.

6.35 Meaning of 'out of order'
(1) A member, or any other person attending a meeting, is out of order if he or she does anything that breaches or is inconsistent with these Standing Orders.

(2) A motion, amendment or other matter is out of order if it is irrelevant, repetitious, offensive or otherwise in breach of these Standing Orders.

6.36 Precedence given to points of order
Despite anything in these Standing Orders to the contrary:

(a) a member, at any time, may draw the attention of the Chair to a breach of these Standing Orders by raising a point of order;
(b) a member raising a point of order is to specify the breach, the grounds on which he or she believes the breach to have occurred; and
(c) the raising of a point of order has the effect of suspending the proceedings until the Chair has ruled on the point of order.
6.37 Ruling by the Chair
(1) A ruling by the Chair on a point of order:

(a) is not to be the subject of debate or comment; and
(b) is to be final, unless a majority of members then present and voting, on a motion moved immediately after the ruling, dissent from the ruling.
(2) Subject to a motion of dissent being carried under subclause (1), if the Chair rules that:

(a) any motion, amendment or other matter before the meeting is out of order, it is not to be further considered; and
(b) if a statement made or act done by a member is out of order, the Chair may require the member to make an explanation, retraction or apology.
6.38 Continued breach of order
(1) If a person:

(a) persists in any conduct which the Chair has ruled is out of order; or
(b) refuses to comply with a direction or requirement by the Chair,
the Chair may:

(c) warn the person; and/or
(d) direct the person to refrain from taking any further part in that meeting, other than by voting.
(2) If, after being warned, the person again acts contrary to paragraph (a) or (b) of subclause (1), or to these Standing Orders, the Chair may expel the person from the meeting by ordering him or her to leave the meeting room.

(3) A person who is ordered to leave the meeting room and fails to do so may, by order of the Chair, be removed from the meeting room.

(4) A person expelled from a meeting may attend any subsequent meetings.

6.39 Serious disorder
(1) If, at a meeting, the Chair is of the opinion that, by reason of serious disorder or otherwise, the business of a meeting cannot effectively be continued, the Chair may adjourn the meeting for a period:

(a) resolved by the meeting; or
(b) in the absence of a resolution, as determined by the Chair.
(2) When a meeting reconvenes after the adjournment:

(a) it is to decide immediately and without debate whether to proceed with the meeting and, if so, debate is to continue at the point at which the meeting was adjourned; and
(b) the Chair, if he or she considers that the business of the meeting cannot be effectively continued, may close  the meeting.
Division 6  –  Voting and rescission

6.40 Voting at a Council meeting
Voting at a Council meeting is dealt with in clause 4 of University Statute No. 5.

	Note:  clause 4 of University Statute No. 5 states:

		'At a meeting of the Council:
	a.	all motions shall be passed on the basis of a majority of the valid votes of members present;
	b.	the Chancellor shall have a deliberative vote only;
	c.	when any question voted upon by the Council results in an equal number for and against, the Chancellor shall declare the question lost'.

6.41 Voting at a Committee meeting
At a meeting of a Committee:

(a) a decision does not have effect unless it is made by a simple majority or, if another kind of majority is required under these Standing Orders or any other written law, by that kind of majority;
(b) each Committee member who is present at a meeting of the Committee is entitled to one vote;
(c) the Chair is to have a deliberative vote only; and
(d) if the votes of members present at a Committee meeting are equally divided, the matter is lost.
6.42 Voting procedure
(1) The Chair, in taking the vote on any matter:

(a) is to put the matter, first in the affirmative, and then in the negative;
(b) may put the matter in this way as often as may be necessary to enable him or her to determine whether the affirmative or the negative has the majority of votes;
(c) may, subject to subclauses (2) and (3), accept a vote on the voices or may require a show of hands; and
(d) is to declare the result.
(2) Subject to subclause (3), if a member calls for a show of hands, the result of a vote is to be determined on the count of raised hands.

(3) Voting by a secret ballot is to be conducted for:

(a) the election of the Chancellor, Pro-Chancellor or the Deputy Chair of a Committee; and
(b) for any other matter, as determined by the meeting.
6.43 Recording of votes
If a member of the Council or a Committee requests immediately after a vote has been taken, that his or her vote be recorded, the Chair is to cause the vote to be recorded in the minutes.

6.44 Rescinding a Council decision
A requirement for the rescission of a Council resolution is dealt with in clause 5 of University Statute No. 5.

	Note:  clause 5 of University Statute No. 5 states:

'A resolution of the Council shall not be rescinded unless notice of the intention to propose such rescission is placed on the agenda of a meeting'.

6.45 Rescinding a Committee decision
A resolution of a Committee may be rescinded later in the meeting at which the resolution was made, but is not to be rescinded at a later meeting unless notice of the intention to propose such rescission is placed on the agenda of the meeting.



PART 7 – MINUTES AND RECORDING OF MEETINGS
7.1 Secretary to keep minutes
The Secretary is responsible for keeping minutes of each meeting.

7.2 Content of minutes
The minutes of each meeting are to record:

(a) the names of those in attendance at the meeting;
(b) where a member joins the meeting after its commencement or leaves before its closure, the time of joining or leaving the meeting;
(c) the time that the meeting was opened;
(d) the apologies received;
(e) leave of absences;
(f) disclosure of members' interests and the action taken by the meeting in relation to each disclosure of interest;
(g) each motion and amendment and the outcome of the decisions of the meeting;
(h) details of the mover and seconder for each motion;
(i) summary of discussion;
(j) date and time of the next meeting; and
(k) the time that the meeting was closed.
7.3 Draft and confirmed minutes
(1) The Secretary is to forward the initial draft minutes of the meeting to the Chair of that meeting.

(2) Copies of draft minutes that have been approved by the Chair ('approved draft minutes') are to be given to each member and accredited observer.

(3) A member or accredited observer who wishes to seek an amendment to the approved draft minutes should, before the next meeting, notify the Secretary in writing of the text to be amended and the proposed amendment.

(4) The next meeting is to:

(a) consider and determine the amendments, if any, that should be made to the approved draft minutes; and
(b) confirm the minutes, as amended.
(5) The confirmed minutes are to be signed and dated by the Chair as a true record of the proceedings.

7.4 Use of recording equipment
(1) Subject to this clause, no one is to use any audio, visual, electronic or other recording device to record all or part of a meeting.

(2) The Secretary may use a recording device for the purpose of compiling the minutes of a meeting.

(3) Having regard to, and subject to, the views of the meeting, the Chair may give permission for a person to use a recording device to record all or part of that meeting.

(4) Where permission is given by the Chair under subclause (3), the Chair is to advise the meeting, immediately before the recording is commenced, that permission has been given and is to specify details of that part of the meeting that is to be recorded.



PART 8 - OUT-OF-MEETING BUSINESS
8.1 Decision may be made outside a meeting
A decision may be made by the Council or a Committee outside a meeting.

8.2 Materials to be given to members
With the approval of the Chair, each member is to be given, at the same time, or as nearly as practicable at the same time:

(a) the proposed resolution and recommendation, and all background information to explain the matter and the sources of the proposed resolution and recommendation; and
(b) written notice of the date and time of the deadline for consideration and determination of the matter ('deadline') – being between 2 and 5 days from the date that the materials referred to in paragraph (a) were given to the members.
8.3 Voting
(1) Any member who has an interest in a matter, as defined in clause 5.1, is to advise the Secretary, in writing before the deadline, of the nature of the interest.

(2) A member who is entitled to vote, and who wishes to vote, on the proposed resolution is to give the Secretary written notice of his or her vote.

(3) If, before the deadline:

(a) in the case of a proposed resolution before the Council – 4 members give written notice to the Secretary that the matter should be held over to the next meeting; or
(b) in the case of a Committee – 2 members give written notice to the Secretary that the matter should be held over to the next meeting,
the matter is to be held over to the next meeting.

(4) If, before the deadline:

(i)	an absolute majority of members has voted in favour of the proposed resolution; and
(ii)	of the remaining members:
(i) in the case of a proposed resolution before the Council – a total of no more than 3 members have either not responded or have not given notice to the Secretary that the matter should be held over to the next meeting; or
(ii) in the case of a proposed resolution before a Committee – no more than 1 members has either not responded or has not given notice to the Secretary that the matter should be held over to the next meeting,
then the proposed resolution:

(a) is taken to be carried; and
(b) is taken, for all purposes, to be a decision of the Council or the Committee, as the case may be.
8.4 Notice of outcome
The Secretary is to advise all members of the outcome of the matter as soon as possible.

8.5 Minutes
(1) The minutes relating to a matter considered in this Division are to record:

(a) the date that the materials referred to in clause 8.2 were given to members;
(b) the names of the members to whom the materials were given;
(c) the deadline;
(d) the names of the members who voted or who responded to the Secretary in relation to the matter;
(e) any disclosure of interests and the action taken in relation to each disclosure of interest;
(f) the decision in relation to the proposed resolution; and
(g) if the proposed resolution is carried, the date on which it was carried.
(2) Draft minutes are to be circulated and confirmed in accordance with the provisions of clause 7.3.



PART 9 – SUSPENSION OF STANDING ORDERS
9.1 Suspension of Standing Orders
(1) A member may, at any time, move that the operation of one or more of the provisions of these Standing Orders be suspended.

(2) A member moving a motion under subclause (1) is to state the reasons for the motion, but no other discussion is to take place.

(3) A motion under subclause (1) which is:

(a) seconded; and
(b) carried by an absolute majority,
is to suspend the operation of the provision or provisions to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise.

SCHEDULE 1 


Committees of the Council to which these Standing Orders apply (see definition of 'Committee' in clause 1.5(1))


* Honorary Degrees Committee

* Nominations Committee

* Quality and Audit Committee

* Resources Committee


The Common Seal of the Edith Cowan University was hereto affixed by authority of a resolution of the Council of the University in the presence of:








				
Vice Chancellor			





				
Authorised Sealing Officer	




Dated this 	 day of 	 20	






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