CHARLES DARWIN UNIVERSITY AMENDMENT BILL 2005 
SERIAL NO. …….

EXPLANATORY STATEMENT

GENERAL OUTLINE

The purpose of this Bill is to:

1.	amend the Charles Darwin University Act to incorporate the National Governance Protocols for Higher Education Institutions;
2.	ensure Charles Darwin University’s governance is in line with preferred national practice in the higher education sector; and
3.	ensure maximum Commonwealth Government funding for Charles Darwin University through compliance with the National Governance Protocols.

NOTES ON CLAUSES

Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Charles Darwin University Amendment Act 2005.
Clause 2.	Commencement

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

Clause 3.	Principal Act amended

This Act amends the Charles Darwin University Act.

Clause 4.		Amendment of section 9 (Composition of Council)
This deletes Section 9(5) which is covered in the new subsection 10A (1) (a).

Clause 5.		Amendment of section 10 (Terms of office)
This section establishes the maximum term of office a member may serve on the Council. This would generally not exceed 12 years unless specifically agreed by two-thirds of the Council.
 
Clause 6.		New section 10A
This section lists the duties of members of Council which include:
(a)	must act solely in the interests of the University and not as a delegate or representative of a particular constituency;
(b)	must act in good faith, honestly and for a proper purpose;
(c)	must exercise appropriate care and diligence;
(d)	must not use his or her office to improperly gain an advantage (either for the member or another person); and
(e)	must disclose and avoid conflicts of interest.

Clause 7.		Amendment of section 11 (Vacation or termination of office)
This amendment tidies up the existing Act in line with changes to section 11 which already covered the requirement that a Council member is disqualified from acting as a Director of a company or managing corporations under Part 2D.6 of the Corporations Act 2001.
This section makes clear that the Council must have the power to terminate a member's appointment if it is satisfied that the member has not carried out his or her duties.
This section states that 	the Council requires a two-thirds majority to remove a member for breach of his or her duties.

Clause 8.		Amendment of section 38 (Budget and financial information)
This section deletes an obsolete requirement from when the former Northern Territory University was part of Northern Territory Government reporting.