2(3)7. 2. College by-laws

Passed by the NSW Legislative Council 30 June 1992; passed by the NSW Legislative Assembly 1 July 1992

BY-LAWS OF SAINT PAUL’S COLLEGE

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UNIVERSITY OF SYDNEY

The Council of Saint Paul’s College, in pursuance of its powers under the Act 18 Victoria, to incorporate Saint Paul’s College, as amended, hereby revokes all By-laws now in force and substitutes in their place the By-laws set out hereunder.

MEMBERSHIP

1. Members of Saint Paul’s College are:

(a) The Warden, Fellows, Vice-Warden, Sub-Warden, and resident Tutors while they hold office, and such other persons resident in the College as the Council may appoint, while so resident.

(b) Students of the University resident in the College.

(c) Graduates of the University, continuing on the books of the College.

(d) Former Students of the College, who are not Graduates of the University, continuing on the books of the College.

2. A Graduate of the University or former Student who has been resident in the College for four Terms or three Semesters, as the case may be at any time, is entitled to have his name continued on the books of the College without payment of a fee, but under the incorporating Act only such Graduates are entitled to vote for the election of Fellows. The Council may remove from the books of the College at any time the name of any person who in its opinion has been guilty of serious misconduct.

(a) Every Student in the College, in these By-Laws called “Student”, shall on commencing residence sign a declaration in the presence of the Warden or one of the Fellows, in a book kept for that purpose, that he will conform to the By- laws of the College for the time being in force. Thereupon he becomes a Member of the College. He shall be deemed to have notice of the By-laws and Regulations and any alterations thereto.

(b) A copy of the By-Laws of the College shall be given to every Member on his admission; and any alterations which may from time to time be made thereto shall be notified to such persons and in such manner as the Council may determine by resolution.

(c) By signing the undertaking to comply with the By-laws of St Paul’s College, each member of College thereby authorises the Registrar of the University to release to the Warden the marks obtained in Examinations for the courses in each year of candidature for an enrolment in a degree or diploma of The University of Sydney.

4. The Council may invite such persons as it thinks fit to become Honorary Members of the College. Honorary Members have the rights and privileges of the Members but are not, as such, entitled to have their names continued on the books of the College for the purpose of voting at an election of Fellows.

ADMISSION OF STUDENTS

5. Every person desiring to be admitted a Student of the College shall make application in writing to the Warden, and shall furnish satisfactory evidence of good moral character, and comply with such other conditions of admission as may from time to time be in force, and the Warden may at his discretion grant or refuse any such application.

6. Persons who are not resident in the College may be admitted to attend instruction under such conditions as may from time to time be sanctioned by the Council: but such persons are not as such Members of the College.

SEMESTERS AND VACATIONS

7. The Semesters and Vacations shall be the same as those of the University.

8. During Semester Students shall continuously reside in the College and shall not absent themselves without the leave of the Warden.

9. In Vacation no Student shall reside in the College unless by permission of the Warden previously obtained, and under such Regulations as may from time to time be in force.

INSTRUCTION

10. Instruction in such subjects as shall best assist the Students in preparing for the University Lectures and Examinations or shall further their education generally and in Divinity, according to the teaching of The Anglican Church of Australia, shall be provided.

11. Instruction may be given by the Warden or by any other person approved by the Council in such subjects and upon such conditions as the Council may determine.

CHAPEL

12. The Services in the College Chapel shall be in accordance with the provisions of The Anglican Church of Australia as set down in the Book of Common Prayer (1662) and in An Australian Prayer Book.

13. During Semester, the Daily Offices of the Church shall be said each weekday, and there shall be a Choral Service each week. It is an honorable obligation of resident members of the College to attend these services regularly.

DISCIPLINE

14. The Warden may appoint a Sub-Warden with the approval of Council.

15. Students shall attend punctually at Chapel, Hall and Tutorials, and shall wear academic dress in Chapel and for Formal Dinner in Hall, and when being interviewed by the Warden.

16. Visitors to any Student may enter and remain in the College only during such hours and under such conditions as may be fixed by Regulation.

17. Every Student shall be responsible for the orderly conduct of his visitors.

18. A Student shall pay for all damage caused by him or by his visitors, unless the Warden agrees otherwise.

19. A Student who commits a breach of the By-laws or Regulations, or a breach of discipline, or who commits misconduct in or out of the College, shall be liable to one or more of the following penalties namely:

(a) he may be fined by the Warden or by the Sub-Warden or other person charges with the maintenance of discipline in amounts not exceeding one week’s fees;

(b) he may be suspended from residence in or attendance at the College by the Warden for a period not exceeding two months;

(c) he may be so suspended for any period or may be expelled by the Council provided that before any expulsion becomes effective the Student shall be given an opportunity to address the Council.

20.

(a) The Warden shall report to the next meeting of the Council in writing in respect of any Student:

(i) any suspension, or

(ii) any serious misconduct in or out of the College, or

(iii) any serious breach of discipline by a Student.

(b) Together with such report the Warden shall recommend to the Council such action as he may think fit.

21. A Student may appeal to the Council against any penalty not imposed by the Council.

LIBRARY

22. The College Library shall be open under such Regulations as may from time to time be made.

MEALS

23. Meals shall be at such hours as the Warden shall from time to time appoint. So far as practicable all students shall dine in Hall.

24. Visitors may be admitted to meals upon such terms as are provided in the Regulations.

ROOMS

25. Rooms shall be assigned to Students by the Warden and shall be vacated upon the request of the Warden. No student shall have more than one room, except by permission of the Warden, and on paying such fee as the Council shall determine.

26.

(1) Upon his first occupying any room in the College, a Student shall notify the Sub- Warden in writing of the fact and nature of any apparent damage to the room, its doors, windows, furniture, fixtures and fittings.

(2) Upon the occurrence or discovery of any such damage during such occupancy, the Student shall notify the fact and nature thereof to the Sub-Warden forthwith, in writing, with such explanation as he may care to give.

(3) In default of such notification, any such damage found on inspection shall be deemed to have been caused by the occupying student.

27. Any College room may be visited at any time by the Warden, Vice-Warden, Sub- Warden or any member of the College Staff authorised by the Warden.

FEES

28.

(1) The amount of any fee shall be fixed from time to time by the Council. All fees shall be paid at the place, and at the time, and in the manner prescribed by Regulations.

(2) Subject to (3) below, upon failure to pay any fee in accordance with Regulations, an additional charge or charges as fixed by Council from time to time shall be payable.

(3) The Warden may, in his discretion, waive or postpone the payment of such additional charges.

(4) At the first meeting after the last day of a Semester a list of unpaid fees shall be laid before the Council.

(5) A Student shall give such notice of his intention to cease residing in the College as is required by the Regulations, in default of which notice a charge fixed by Regulations will be payable.

(6) The Council has the right from time to time to alter fees payable by Students.

(7) A Student who has been suspended or expelled from the College shall not on that account be entitled to any refund or rebate of fees.

COUNCIL MEETINGS

29. The Council shall meet at the College or at such place and at such times as it may decide.

30. A meeting of the Council may be convened by the Chairman on his own motion and shall be convened by the Chairman or, in his absence, the Bursar, upon the written request of the Warden or two Fellows.

31. A meeting of the Fellows may be convened by the Chairman, by the Bursar, or by two Fellows.

32. Four days’ written notice of any meeting of the Council or Fellows, including the day of such meeting, shall be given to the Warden (in the case of a meeting of the Council), and to each Fellow resident within 100 kilometers of Sydney but it shall not be necessary to give such notice to any Fellows who is, for the time being, outside Australia.

33. A notice may be sent by post, and in that event shall be deemed to be served four days following the date of the posting. The accidental omission to give notice of any meeting to any Fellow shall not invalidate the proceedings of such meeting.

34. In the course of the second Semester the Council shall elect one of its members as Chairman for the following year commencing on the following year commencing on the first day of January.

35. The Council may from time to time elect for a specified period or for particular meetings one of its members as Deputy Chairman, who shall act as Chairman during a vacancy in the office of Chairman or when the Chairman is absent.

36. At every meeting of the Council or of the Fellows, the Chairman or the Presiding Fellow shall have a deliberative, as well as a casting vote.

37. At any meeting of the Council or Fellows, two clerical and two lay Fellows, exclusive of the Warden or presiding Fellow, shall constitute a quorum. A meeting at which five Fellows are present may conduct the business of that meeting, subject to confirmation when a quorum is present either at the meeting or a later meeting.

38. The Council may appoint Committees, including persons not being Fellows for such purposes and with such powers as the Council may think fit and may determine the functions and authority of such committees or the members thereof.

WARDEN, VICE-WARDEN, SUB-WARDEN AND TUTORS

39. Except for purposes of College discipline, the Warden shall not be deemed absent within the meaning of Section 5 of the Act of Incorporation unless he be beyond the distance of one hundred kilometers from Sydney or be incapacitated.

40. The Warden or Vice-Warden while in charge of the College shall not absent himself from the College during a Semester for any period exceeding three days, without leave of the Council.

41. The Vice-Warden, Sub-Warden or resident Tutors shall not during Semester absent themselves from the College without leave of the Warden.

42. When there is a vacancy in the office of the Warden or the Warden is absent, the powers and functions of the Warden shall, as far as possible, be administered by the Vice-Warden or other person charged with such administration; and the By-laws shall take effect accordingly.

BURSAR

43. In the course of the second Semester the Council shall elect a Bursar for the ensuing year, commencing on the first day of January. In case of a vacancy in the office during the year, a new Bursar shall be elected.

44. The same person may be re-elected as Bursar; and any member of Council may be elected to that office.

45. The Bursar shall cause to be kept proper accounts of the receipts and expenditure of the College and of the investments and other assets of the College. Such accounts shall be made up to the 31st December in each year and shall be presented to the Council as practicable after that date.

46. Every Resolution and Proceeding of the Council or the Fellows shall be recorded in the College Journal by the Bursar or by such other person as the Council may approve.

47. The Journal shall be in the custody of the Warden and open to inspection by any Fellow on application.

SEAL

48. The Seal of the College shall be in the custody of the Warden, and shall not be affixed to any document, except by order of the Council, and the affixing of the seal shall be attested by the Warden and one Fellow, or by two Fellows.

REGULATIONS

49. Regulations for carrying into effect any of the By-laws, or for dealing with matters not provided by them, may from time to time be made by the Warden, and announced by notice signed by him and posted at the College. Any Regulations so made shall be reported to the Council as its next meeting and may be disallowed by the Council.

LICENSEE

50. Only a person or body appointed by the Warden may apply for, or for the transfer of or hold, a Licence under the Liquor Act, 1982 relating to any College premises and on such terms as the Warden may determine.

ELECTION OF FELLOWS

51.

(a) Save as hereinafter mentioned, a Fellow shall be elected for a term of six years from the 31st day of March preceding his election.

(b) On the 31st day of March in each year, three Fellows, namely, one clerical and two lay, shall retire. But the Fellows so retiring shall be eligible for re-election and shall be deemed to be candidates for re-election unless he or they shall have signified in writing to the Returning Officer at least fourteen days before the day of retirement an intention not to seek re-election.

(c) If the place of a Fellow becomes vacant before the expiration of his term of office a successor shall be elected to hold the place until expiration of such term.

(d) If any Fellow be absent for six consecutive meetings of the Council without leave or some cause allowed by the Council, his place may be declared vacant.

52.

(a) When a vacancy in the number of the Fellows occurs or is impending, the Council shall appoint a Returning Officer to conduct the election of a successor.

(b) The Returning Officer shall make known the vacancy or pending vacancy in the following manner: He shall post to every qualified voter whose address is known to him a notice stating the number of vacancies, the names of the Fellows retiring and, if the fact be so, that such Fellows are candidates for re-election, that nominations of qualified candidates will be received for such vacancies on or before a day not less than fourteen and not more than twenty-eight days thereafter, unless otherwise ordered by the Council, and such other information as, in the opinion of the Returning Officer, may be necessary to ensure that the election will be in accordance with the By-laws.

(c) Except when provided for by By-law 51 (b) nominations of qualified persons shall be made by two qualified voters, and shall contain the written consent of the candidate to his nomination.

(d) A candidate for election to the office of a Clerical Fellow shall be a clergyman in priest’s orders of The Anglican Church of Australia and such a clergyman may stand as a candidate for a vacancy in the Clerical Fellowship only.

(e) If there are no more candidates for clerical or lay vacancies respectively than there are vacancies, the Returning Officer shall forthwith declare such candidates duly elected and shall report such election to the Council at its next meeting.

(f) Where the candidates declared elected will hold office for different terms, as between a Fellow or Fellows who has or have been re-elected, and a candidate or candidates elected for the first time, the former shall hold office for the longer term, in other cases, the question shall be decided by lot.

(g) If there are more candidates for clerical or lay vacancies respectively than there are vacancies, the Returning Officer shall hold an election to fill such vacancies on a day not less than fourteen nor more than twenty-eight days from the latest day for receiving nominations.

(h) At such election votes shall be given by voting papers only. There shall be separate voting papers for clerical and lay vacancies respectively.

(i) The accidental omission to make known a vacancy or to send a voting paper to any qualified voter shall not invalidate any election.

(j) The Council may determine the form of voting paper and the method of voting. Until otherwise determined by the Council a voting paper shall be in the form and contain the directions set forth in the appendix hereto.

(k) Within twenty-eight days after the latest day for nomination or such further time as the Council may determine the Returning Officer shall post to every qualified voter whose address is known to him a voting paper for the election.

(l) The Returning Officer shall appoint the place, date and hour at which voting papers must be in his hands, and at which such voting papers shall be by him opened and counted.

(m) Each candidate shall be entitled to nominate a Scrutineer to assist the Returning Officer, and to be present at the counting of votes.

(n) The Clerical candidate who obtains the highest number of votes shall be elected to fill one clerical vacancy. If there are two or more clerical vacancies, the clerical candidate who obtains the next highest number of votes shall be elected to fill the next clerical vacancy, and so on until all clerical vacancies have been filled. Where candidates elected at the same election will hold office for different terms, the candidate or candidates obtaining the higher number of votes shall hold office for the longer term. In the case of lay vacancies, the procedure to be adopted shall be similar to that herein provided in respect of clerical vacancies.

(o) In the event of there being an equality of votes, the results shall be determined by lot.

……. Clerical Lay

APPENDIX

ST PAUL’S COLLEGE ELECTION OF FELLOWS

VOTING PAPER

Fellows to be elected

* Denotes a retiring Fellow

□ *A □B □C

The voter shall put a cross against the names of the candidates for whom he wishes to vote. A voting paper is informal upon which votes are not recorded for the exact number of candidates to be elected.

The voter shall provide in legible form his name and mailing address, and personally sign his name on the envelope in which the voting paper is transmitted to the Returning Officer.

Nomination and election notices shall be sent by airmail only to those voters who have specifically requested it.

Voting papers must be in the hands of the Returning Officer not later than the …………… day of ……………. 2……..

NB There are separate voting papers for the election of clerical and lay Fellows.

REGULATION 1/2004 9

The Warden may, at his discretion and after due enquiry, advise a student that his right of residency in the College has lapsed with the conclusion of the current academic year.

REGULATION 2/2004 The Warden may, at his discretion and after due enquiry, advise a student that his

University results in any semester or annual examinations are inadequate to maintain his right of residency in College, which has been withdrawn.

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