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Vanuatu Sessional Legislation |
REPUBLIC OF VANUATU
NATIONAL UNIVERSITY OF VANUATU
ACT NO. 34 OF 2019
Arrangement of Sections
PART 1 PRELIMINARY MATTERS
1 Interpretation
PART 2 ESTABLISHMENT OF THE NATIONAL UNIVERSITY OF VANUATU
2 Establishment of the National University of Vanuatu
3 Purpose of the University
4 Faculties and Schools under the University
PART 3 NATIONAL UNIVERSITY OF VANUATU COUNCIL
5 Establishment of the National University of Vanuatu Council
6 Composition of the Council
7 Functions of the Council
8 Powers of the Council
PART 4 NATIONAL UNIVERSITY OF VANUATU SENATE
9 Establishment of the National University of Vanuatu Senate
10 Composition of the Senate
11 Functions of the Senate
12 Powers of the Senate
PART 5 GENERAL PROVISIONS APPLICABLE TO THE COUNCIL AND THE SENATE
13 Chairperson and Deputy Chairperson
14 Removal and resignation of members
15 Vacancies and acting members
16 Sitting allowance for member
17 Meetings of the Council
PART 6 ADMINISTRATION
Division 1 Chancellor, Vice-Chancellor, Deputy Vice - Chancellor and other staff
18 Chancellor
19 Vice-Chancellor and Deputy Vice- Chancellor
20 Appointment of other staff of the University, Faculties and Schools
21 Functions of the Vice-Chancellor
22 Function of the Deputy Vice-Chancellor
Division 2 Administration of the Faculties
23 Management Committee of a Faculty
24 Powers of the Management Committee
25 Vacancies and acting members
26 Meetings of the Management Committee
27 Academic and Assessment Board
28 Dean of a Faculty
PART 7 FINANCIAL MATTERS AND MISCELLANEOUS PROVISIONS
29 Funds of the University
30 Accounts and auditing
31 Annual report
32 Delegation of functions and powers
33 Protection from liability
34 Decision making
35 Prohibition on discrimination
36 Repeal of certain Acts
37 Transitional Provisions
38 Regulations
39 Commencement
REPUBLIC OF VANUATU
Assent: 10/01/2020
Commencement: 24/01/2020
NATIONAL UNIVERSITY OF VANUATU
ACT NO. 34 OF 2019
An Act to provide for the establishment of the National University of Vanuatu and for related matters.
Be it enacted by the President and Parliament as follows-
In this Act, unless the contrary intention appears:
bilingual means a person fluent in the English and French languages or an institution where English and French languages are used interchangeably on equal basis, and given the same weight or rating;
Council means the National University of Vanuatu Council established under subsection 5(1);
Dean means a Dean of a Faculty appointed under subsection 28(1);
Ministry means the Ministry of Education and Training;
Senate means the National University of Vanuatu Senate established under subsection 9(1);
University means the National University of Vanuatu established under subsection 2(1).
PART 2 ESTABLISHMENT OF THE NATIONAL UNIVERSITY OF VANUATU
(1) The National University of Vanuatu is established.
(2) The University is a body corporate with perpetual succession and a common seal and can sue and be sued in its own name.
(3) The University consists of all the Faculties and Schools set out under section 4.
The purpose of the University is to provide higher education advancement and lifelong learning through academic and professional excellence by way of training, teaching and learning in both the English and French official languages, research and international cooperation.
(1) The following Faculties and Schools are established under the University:
(a) the Faculty of Humanities with the following Schools:
(i) School of Education; and
(ii) School of Arts, Languages and Cultures; and
(iii) School of Tourism and Business Studies/Management; and
(iv) School of Public Administration and Management; and
(v) School of Police and Security Training; and
(b) the Faculty of Science and Technology with the following Schools:
(i) School of Science; and
(ii) School of Agriculture; and
(iii) School of Maritime; and
(iv) School of Engineering and Technology; and
(v) School of Medicine and Nursing.
(2) The Prime Minister may, by Order, after consultation with the Council:
(a) prescribe the requirements for being eligible to be established as a Faculty or School under the University; and
(b) provide for other Faculties and Schools that have met the requirements under paragraph (a) to be established under the University.
PART 3 NATIONAL UNIVERSITY OF VANUATU COUNCIL
(1) The National University of Vanuatu Council is established.
(2) The Council is the governing body of the University.
(1) The Council consists of 9 members.
(2) The members of the Council are:
(a) the Minister of Education and Training; and
(b) the Minister of Finance and Economic Management; and
(c) the Vice-Chancellor; and
(d) 3 members to be nominated by Deans of Faculties and Heads of Schools of the University; and
(e) 2 members representing 2 partner universities appointed by their Heads of Institutions; and
(f) the Director General of the Ministry of Education and Training.
(3) A person must not be nominated or appointed to the Council unless he or she has:
(a) knowledge of or experience in any of the Faculties or Schools established under the University; or
(b) special skills and knowledge relevant to the functions of the Council.
(4) At least 4 of the members of the Council must be women, and so far as practicable there must be an equal number of French and English speaking members, unless the members are bilingual.
(5) The members referred to in paragraphs (2)(d) and (e), hold office for a period of 3 years and is eligible for renomination or reappointment.
The Council has the following functions:
(a) to develop policies for the University; and
(b) to approve the 5 years strategic plan in consultation with the Ministry and other relevant stakeholders; and
(c) to approve the budget and the accounts of the University; and
(d) to approve agreements signed by the Vice-Chancellor, loans, the acceptance of donations and legacies, the acquisition of property
and the sale of any of its real estates; and
(e) to approve accredited undergraduate (University Certificate, Diploma and Degree level) and Postgraduate (post-Degree) programs and courses in line with Government priorities and aligned with international standards; and
(f) to approve academic training programs, the academic calendar, the procedures for assessments and the rules for the composition of academic boards; and
(g) to develop methods for evaluating teaching and research; and
(h) to approve academic or scientific cooperation agreements with any tertiary institution, governmental or non-governmental organization, public or private body or person to carry out any of its missions; and
(i) to perform such other functions as are conferred on it by this Act.
(1) The Council has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions under this Act or any other Act.
(2) Without limiting subsection (1), the Council may:
(a) make rules to govern the University; and
(b) fund research activities and programs, as well as organize scientific events; and
(c) approve tuition fees and other fees at the University and charge fees for services rendered; and
(d) enter into other contracts relevant to the functions of the University; and
(e) acquire, hold, deal with or dispose of real or personal property; and
(f) acquire copyright; and
(g) prescribe disciplinary procedures for dealing with staff and student discipline; and
(h) invest surplus funds of the University as it considers appropriate; and
(i) establish and cease an academic course, program or unit.
PART 4 NATIONAL UNIVERSITY OF VANUATU SENATE
(1) The National University of Vanuatu Senate is established.
(2) The Senate is the academic and research governing body.
(1) The Senate consists of 7 members.
(2) The members of the Senate are:
(a) the Vice-Chancellor; and
(b) 3 members nominated by the Deans of the Faculties and Heads of Schools; and
(c) 2 members who are reputable academics from 2 recognized universities and appointed by the Head of these universities to be members of the Senate; and
(d) a representative of the Ministry nominated by the Minister on the advice of the Director General.
(3) The members of the Senate referred to in paragraphs (2)(b) and (c), hold office for a period of 2 years and are eligible for renomination or reappointment.
(4) A person must not be nominated to the Senate unless he or she has:
(a) knowledge of or experience in any of the schools established under the University; or
(b) special skills and knowledge relevant to the functions of the Senate.
(5) A member of the Senate appointed or nominated under paragraphs (2)(b) and (c), must not be a member of the Council.
(6) At least 3 of the members of the Senate must be women, and so far as practicable there must be an equal number of French and English speaking members, unless the members are bilingual.
The Senate has the following functions:
(a) to regulate and control all teaching programmes and courses of study and the conditions under which persons may qualify for the various degrees, diplomas, certificates and other distinctions and awards of the University; and
(b) to recommend to the Council the establishment of degrees, diplomas, certificates and other distinctions and awards in line with international standards; and
(c) to regulate and control the admission of persons and categories of persons to the University for the purpose of pursuing any programmes or courses of study and to regulate their continuance in those programmes or courses of study; and
(d) to determine prerequisites for access to each university program; and
(e) to develop accredited undergraduate (University Diploma and Degree level), Postgraduate (Diploma, Master and PhD) programs and courses in line with Government priorities and aligned with international standards; and
(f) to recommend to the Council for approval, academic training programs, the academic calendar, the procedures for assessments and the rules for the composition of the Academic Board; and
(g) if examinations, tests or other methods of assessment are necessary under requirements prescribed by the Senate for the granting of degrees, diplomas, certificates and other distinctions and awards, to regulate such examinations, tests and methods of assessment; and
(h) to oversee and regulate the operations of the Academic and Assessment Board; and
(i) to approve the award or conferment of degree, diploma, certificate and other distinction and award to a person who has pursued and successfully completed a programme or course of study approved by the Council, and has qualified for such award following the requirements prescribed by the Senate; and
(j) to accept examinations passed and periods of study spent at other universities or other institutions or bodies as equivalent to such examinations and periods of study in the University; and
(k) to revoke an award or conferment under paragraph (i) if the information provided is fraudulent; and
(l) to cross credit programs or courses of study in any other institution or body; and
(m) to determine the formalities for the conferment of degrees, diplomas, certificates and other distinctions and awards; and
(n) to recommend to the Council the requirements under which any institution or body may affiliate to the University; and
(o) to accept awards such as fellowships, scholarships, bursaries, studentships, prizes and other aids to study and research; and
(p) whether or not consequent upon any review of the academic organisation and development of the University, to recommend to the Council the establishment or discontinuance of any academic unit; and
(q) to recommend to the Council appropriate provision for the academic support, personal development and well-being of the students; and
(r) to take such steps to advise and assist the Students’ Association and other organisations of the students; and
(s) to promote research in line with Government priorities and encourage its publication; and
(t) to develop pedagogical or scientific cooperation agreements with any governmental or non-governmental organization, public or private body or person to carry out any of its missions; and
(u) to undertake such other functions as are conferred on it by the Council, this Act or any other Act.
(1) The Senate has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions under this Act or any other Act.
(2) Without limiting subsection (1), the Senate may:
(a) recruit academic staff, researchers and administrative staff by contract, secondment or such other arrangement that may be agreed upon by the staff and his or her employer and the University; and
(b) regulate the discipline of the staff and students of the University in accordance with Regulations made by the Council; and
(c) discipline staff and student in accordance with the Regulations; and
(d) appoint examiners, assessors and moderators, whether internal or external.
PART 5 GENERAL PROVISIONS APPLICABLE TO THE COUNCIL AND THE SENATE
(1) The Council and the Senate are to elect from amongst their members the Chairperson and Deputy Chairperson of the Council and the Senate.
(2) The Chairperson and Deputy Chairperson:
(a) each hold office for a period of 2 years and may be re-elected only once; and
(b) may resign from his or her office by giving a written resignation to the Council or Senate.
(1) The authorities that nominate or appoint a member of the Council or Senate may, after consultation with the Council or the Senate, remove, by written notice, a member under paragraph 6(2)(d) or (e) of the Council and paragraph 10 (2)(b) or (c) of the Senate if he or she:
(a) ceases to be an employee of the relevant Institution; or
(b) fails to attend 3 consecutive meetings without the permission of the Council or the Senate; or
(c) in the relevant authority’s opinion, after consultation with the Council or the Senate, is not performing in a satisfactory way; or
(d) is not actively contributing to the governance and management of the University.
(2) A member of the Council or Senate may resign at any time by giving his or her resignation in writing to the Council or the Senate.
(1) If a vacancy occurs on the Council or the Senate, the Council or the Senate must ensure that a new nomination or appointment is made as soon as possible.
(2) The Council or the Senate may appoint a person to act as a member of the Council or Senate, if the member is for any reason valid to the Council or Senate unable to perform his or her functions. A person must not be nominated or appointed to act for more than 3 months.
A member of the Council and the Senate is entitled to a sitting allowance as may be determined in writing by the Prime Minister.
(1) The Council must meet at least 2 times per year and may hold such other meetings as are necessary for the proper performance of its functions.
(2) The Senate must meet at least 3 times per year and may hold such other meetings as are necessary for the proper performance of its functions.
(3) The Chairperson of the Council may convene a meeting of the Council on the request of at least 5 members of the Council. Such meeting must be convened 14 days after the Chairperson has received the request for the meeting.
(4) The Chairperson of the Senate may convene a meeting of the Senate on the request of at least 4 members of the Senate. Such meeting must be convened 14 days after the Chairperson has received the request for the meeting.
(5) The Chairperson or Deputy Chairperson of the Council or Senate must chair meetings of the Council and the Senate.
(6) At a meeting of the Council, a quorum consists of 5 members present at the meeting.
(7) At a meeting of the Senate, a quorum consists of 4 members present at the meeting.
(8) The Council and the Senate may meet despite any vacancies in its membership so long as a quorum is present.
(9) Each member present at a meeting of the Council or Senate has one vote and questions arising at a meeting are to be decided by a consensus. If no consensus is reached, the decision is to be taken by a majority of votes. \
(10) If the voting at a meeting is equal, the member presiding at the meeting has a casting vote.
(11) A member who has a direct or indirect interest on any matter before the Council or the Senate must declare his or her interest in the matter at the beginning of the meeting and must not vote or be part of any deliberation on that matter.
(12) Subject to this Act, the Council and the Senate may determine and regulate their own procedures.
Division 1 Chancellor, Vice-Chancellor, Deputy Vice - Chancellor and other staff
(1) The Chancellor is to be appointed by the Council on the advice of the Vice-Chancellor after consultation with the Minister, for a period of 3 years. The Chancellor may be reappointed for one other term only.
(2) The Council is to determine the terms and conditions of the appointment of the Chancellor.
(3) The function of the Chancellor is to carry out ceremonial and official functions of the University and such other functions as may be conferred on the Chancellor by the Council.
(1) The Vice-Chancellor of the University is to be appointed by the Council on the recommendation of the Senate, for a period of 5 years.
(2) The Council is to determine the terms and conditions of employment of the Vice-Chancellor.
(3) The Deputy Vice-Chancellor of the University is to be appointed by the Council on the recommendation of the Senate, for a period of 5 years.
(4) The Council is to determine the terms and conditions of employment of the Deputy Vice-Chancellor.
(5) A person must not be appointed as a Vice Chancellor or Deputy Vice- Chancellor unless the person:
(a) is an academic of good standing; and
(b) has obtained a PhD or Master’s Degree with extensive experience from a recognized university; and
(c) has:
(i) for a Vice Chancellor - at least 5 years work experience at the management level at a University or higher institution; and
(ii) for a Deputy Vice-Chancellor has 5 years experience in management at a public or private Institution.
(4) The appointment of the Vice Chancellor and the Deputy Vice- Chancellor must follow a fair and transparent selection process.
(5) The Vice-Chancellor or the Deputy Vice- Chancellor may be removed from office by the Council if he or she breaches a term or condition of his or her employment.
(6) The Vice-Chancellor or the Deputy Vice- Chancellor may resign in writing at any time from office by giving relevant notice as required under the Employment Act [CAP 160].
(1) Other staff of the University, Faculties and Schools are to be appointed by the Council.
(2) The appointment of a staff referred to under subsection (1) must follow a fair and transparent selection process.
(3) In making an appointment under this section, the Council must consider gender balance and an employment opportunity for people with special needs.
The Vice-Chancellor has the following functions:
(a) to manage the affairs, finances and other resources of the University in accordance with the regulations of the University; and
(b) to propose the distribution of the technical staff between the services of teaching and research, after consultation with the relevant faculty; and
(c) such other functions as may be conferred on the Vice-Chancellor by the Council, under this Act or any other Act.
The function of the Deputy Vice-Chancellor is to assist the Vice-Chancellor to carry out his or her functions under section 21.
Division 2 Administration of the Faculties
(1) Each faculty of the University is to be administered by a Management Committee.
(2) A Management Committee of a faculty consists of the following persons:
(a) the Dean of the faculty; and
(b) the Head of each School of the faculty; and
(c) two Government representatives appointed by the Public Service Commission, one of whom must represent the sector relevant to the relevant school; and
(d) a representative of the relevant industry to be nominated by that relevant industry.
(3) To avoid doubt a representative nominated under paragraph (2)(d) is to be a representative for only one faculty.
(4) The Management Committee has the following functions:
(a) to oversee the effective and efficient administration of the respective Faculty and Schools; and
(b) to set the strategic direction for the Faculty and Schools in accordance with the National Sustainable Development Plan 2016 - 2030, Vanuatu Post School Education and Training (PSET) Policy 2016 – 2020, the National Human Resource Development Plan and any successor plan or policy of the University; and
(c) to propose relevant training programs; and
(d) to propose and recommend to the Senate the schedule of teaching and schedule of examinations; and
(e) to examine all questions concerning the effectiveness of the courses; and
(f) to examine and prepare the applications for the accreditation of courses of study; and
(g) to propose the distribution of the technical staff between the services of teaching and research; and
(h) to ensure the proper functioning of the Academic and Assessment Board; and
(i) to determine and recommend to the Senate the methods of assessment; and
(j) to formulate and recommend to the Senate the job description of any position created within the relevant faculty; and
(k) to determine the allocation of teaching and learning resources; and
(l) to propose and recommend to the Senate any international cooperation agreements and the exchange of student mobility programs.
A Management Committee has the power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions under this Act or any other Act.
(1) If a vacancy occurs on a Management Committee, the Committee must ensure that a new appointment is made as soon as possible.
(2) The Management Committee may appoint a person to act as a member of the Committee, if the member is absent from Vanuatu or is for any reason unable to perform his or her functions. A person must not be appointed to act for more than 3 months.
(1) A Management Committee must meet at least 4 times per year and hold such other meetings as are necessary for the proper performance of its functions.
(2) The Dean is to convene meetings of the Committee or in his or her absence a member under paragraph 23(2)(b) is to convene the meeting.
(3) The Dean or a member under paragraph 23(2)(b) must chair meetings of the Committee, but if they are absent, the members present must choose a member to chair the meeting.
(4) At a meeting of the Committee, a quorum is to be half of the total number of members plus one.
(5) The Committee may meet despite any vacancies in its membership so long as a quorum is present.
(6) Each member present at a meeting has one vote and questions arising at a meeting are to be decided by a consensus. If no consensus is reached, the decision is to be taken by a majority of votes.
(7) If the voting at a meeting is equal, the member presiding at the meeting has a casting vote.
(8) A member who has a direct or indirect interest on any matter before the Committee must declare at the beginning of the meeting his or her interest in the matter and must not vote or be part of any deliberation on that matter.
(9) Subject to this Act, the Committee may determine and regulate its own procedures.
(1) The Academic and Assessment Board is established.
(2) The Board consists of 5 members who are to be appointed by the Vice-Chancellor.
(3) The members appointed under subsection (2) must be academics, qualified professionals and researchers selected from amongst the academic team following their academic competencies.
(4) The functions of the Board are:
(a) to ensure academic quality, integrity and security of assessment tasks and results; and
(b) to ensure that assessment, marking and moderation processes are appropriate, rigorous and fair; and
(c) such other functions that may be conferred on the Board by this Act or any other Act.
(5) The Board has the power to make a final decision on student results and to confer qualifications on students.
(1) The Dean of a Faculty is to be appointed by the Council on the recommendation of the Senate for a period of 5 years.
(2) The Council is to determine on the recommendation of the Senate the terms and conditions of appointment of a Dean.
(3) A Dean has the following functions:
(a) to be responsible for managing the faculty within the general framework of the University’s policy; and
(b) to ensure the effective administration of the faculty; and
(c) to prepare agendas and convene meetings of the management committee; and
(d) to preside at meetings of the management committee; and
(e) to ensure implementation of the decisions of the Council and Senate; and
(f) to determine the allocation of responsibilities to lecturers; and
(g) to manage the human, financial and material resources of the faculty; and
(h) to prepare the annual budget of the faculty; and
(i) to prepare and submit to Council through the Senate reports on the management and operation of the faculty; and
(j) to undertake such other functions as are conferred on it by this Act.
PART 7 FINANCIAL MATTERS AND MISCELLANEOUS PROVISIONS
(1) The funds of the University consist of:
(a) monies appropriated to, or for the purposes of, the University under an Appropriation Act; and
(b) monies received by the University by way of fees and charges; and
(c) any other money received by the University from any other source.
(2) The Council is to open and maintain bank accounts on behalf of the University as the Council considers necessary with the approval of the Director General of the Ministry of Finance and Economic Management.
(3) The funds of the University are to be deposited to such bank accounts as the Council determines.
(4) The Council must not borrow money on behalf of the University except at a rate of interest and subject to such conditions as are approved by the Council of Ministers.
(1) The Vice-Chancellor must keep proper accounting records in relation to the financial affairs of the University, and must have annual statements of accounts prepared for each financial year.
(2) The University’s accounts for each financial year must be audited within 3 months after the end of the financial year by a qualified auditor.
(1) The Vice-Chancellor must, within 90 days after the end of each financial year, furnish a report to the Prime Minister relating to the operations of the University for that year.
(2) The Prime Minister must table the report in Parliament at its next session after receiving that report.
(1) The Vice-Chancellor may delegate any of his or her functions and powers to the Deputy Vice-Chancellor of the University.
(2) The Dean may delegate any of his or her functions and powers to a Head of School of the University.
(3) The Vice-Chancellor or Dean cannot delegate the power to delegate.
(4) A delegation under this section does not prevent the performance of any functions or the exercise of any powers by the Vice-Chancellor or the Dean.
(5) A delegation under this section may be revoked at any time by the Vice Chancellor or the Dean.
A civil or criminal action is not to be taken against a member of the Council, Senate, the Chancellor, the Vice-Chancellor, the Deputy Vice-Chancellor, a Dean, a member of the management committee or any other staff appointed under this Act, in respect of anything done or omitted to be done by the person in good faith in the performance of his or her functions or exercise of his or her powers under this Act.
Subject to the provisions of this Act, in making any decisions under this Act, consideration and priority must be given to the achievement of the goals and objectives under the:
(a) National Sustainable Development Plan 2016 – 2030; and
(b) Post School Education and Training (PSET) Policy 2016 – 2020; and
(c) National Gender Equality Policy, National Disability Inclusive TVET Policy; and
(d) any National Human Resource Development Plan; and
(e) any successor plan or policy to any of these plans and policies.
A person must not discriminate in the admission of people to, or the treatment of people at, the University on the basis of gender, religion, nationality, race, language or disability.
The following Acts are repealed upon the coming into effect of an Order made under paragraph 4(2)(b) establishing the Institutions covered by these Acts under the University:
(a) the Vanuatu Institute of Technology Act [CAP 274];
(b) the Vanuatu Institute of Teacher Education Act [CAP 275];
(c) the Vanuatu Agriculture College Act [CAP 314].
(1) An Institution referred to under section 36 must pay to a member of the staff of that Institution, upon the repeal of the Act establishing the Institution, severance allowance and any other entitlements due to that staff member as provided by law.
(2) A staff member of an Institution that has been established under the University by an Order made under paragraph 4(2)(b) may apply to the Vice-Chancellor to be appointed by the Council pursuant to section 20 or Senate pursuant to paragraph 12(2)(a).
The Prime Minister may, on the advice of the Council, make Regulations:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
This Act commences on the day on which it is published in the Gazette.
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