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Faculty Rules

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Section 1 - Preliminary

Name of Rules

(1) These Rules may be cited as the Faculty Rules.

Commencement

(2) These Rules take effect on the day on which they are published on the Internet by means of the website of the University or in another official University publication under section 29(c) of the Macquarie University Act 1989 and section 35(4) of the Macquarie University By-law 2005.

Scope

(3) The Faculty Rules apply to the Macquarie Business School, the Faculty of Arts, the Faculty of Medicine, Health and Human Sciences, the Faculty of Science and Engineering, and to other Faculties, Departments and academic organisational units within the University as the Council or Vice-Chancellor may from time to time determine.

Authority

(4) The Council of Macquarie University makes the following rules under section 29 of the Macquarie University Act 1989 and Part 10 of the Macquarie University By-law 2005.

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Section 2 - Definitions

(5) In these Rules:

  1. Academic Senate means the Academic Senate of the University;
  2. By-law means the Macquarie University By-law 2005;
  3. Council means the Council of the University;
  4. Executive Dean means the Executive Dean of the Faculty;
  5. Faculty means an administrative grouping of research, academic and professional staff and students based on the area they teach, support and study;
  6. the Board means the Faculty Board of the Faculty;
  7. the Committee means the Faculty Executive Committee of the Faculty; and
  8. University means the Macquarie University established by the Macquarie University Act 1989.

(6) Note: The Interpretation Act 1987 of New South Wales applies to these Rules.

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Section 3 - Rules

Part A -  Substantive Provisions

Executive Dean of Faculty

(7) An Executive Dean will:

  1. be appointed in a manner and for such terms of office as the Vice-Chancellor may determine, in accordance with the University’s Recruitment, Selection and Appointment Procedure, and with due regard to appropriate consultation with the Faculty; 
  2. take the Chair at meetings of the Faculty subject to clause 19(c);
  3. be executive head of the Faculty; and
  4. supervise and be responsible for exercising and discharging such academic and administrative powers, authorities, duties and functions as may be assigned to them from time to time by the Council or Vice-Chancellor of the University and subject to the University’s governance, legislation and Rules.

Head of Department

(8) A Head of Department will:

  1. be appointed by the Executive Dean, in accordance with the University’s Recruitment, Selection and Appointment Procedure, and in a manner that includes consultation with the Department and consideration of candidates by a committee;
  2. take the Chair at meetings of the Department; and
  3. be responsible for exercising and discharging such academic and administrative powers, authorities, duties and functions as may be delegated to them.

(9) Should a Head of Department be absent from the University or temporarily unable to act, the Executive Dean may appoint an Acting Head of Department for a period not normally exceeding 12 months.

(10) Should the office of Head of Department become vacant by:

  1. death;
  2. resignation; or
  3. otherwise;
a successor is to be appointed in accordance with clause 8(a) as soon as convenient.

(11) Pending the appointment of a successor under clause 10, the Executive Dean may appoint an Acting Head of Department for a term not normally exceeding 12 months.

Faculty Board

(12) Each Faculty is to establish a Faculty Board (the Board) which will meet at least four times each year.

(13) The Board comprises:

  1. the Executive Dean of the Faculty (being the meeting Chair);
  2. the Deputy Dean of the Faculty;
  3. the Associate Deans of the Faculty;
  4. the Head of each Department of the Faculty;
  5. at least one member of the continuing academic staff from each Department of the Faculty;
  6. the Faculty General Manager;
  7. at least two student members; and
  8. one member from the continuing non-academic staff of the Faculty; and may include
  9. one member from the academic staff outside the Faculty.

(14) The Executive Dean may co-opt additional members to the Board, as approved under a resolution of the respective Faculty Board.

(15) Any continuing academic staff member under clause 13(e) is elected for a term of two years in accordance with Schedule 1 to these Rules.

(16) Any student member under clause 13(g) is elected annually for a term of one year in accordance with Schedule 1 to these Rules and will be exempt from considering all confidential matters including those relating to:

  1. student results; and
  2. student discipline.

(17) Any continuing non-academic staff member under clause 13(h) is elected in accordance with Schedule 1 to these Rules for a term not exceeding two years.

(18) Any academic staff member under clause 13(i) and clause 14 is co-opted by resolution of the Board for a term not exceeding two years.

(19) The general functions of the Board are to:

  1. consider general academic matters of the Faculty as prescribed in the Board’s Terms of Reference and, in particular, to consider and make recommendations to the Academic Senate with respect to:
    1. the schedule of degrees offered by the Faculty;
    2. the results of students in units or courses of study offered by the Faculty in accordance with degree rules and framework set by the Academic Senate;
    3. the nomination of members of the Faculty to vacant positions on the sub-committees of the Academic Senate; and
    4. any other academic matter referred to it by the;
      1. Academic Senate;
      2. Vice-Chancellor;
      3. Deputy Vice-Chancellor (Academic); or
      4. Deputy Vice-Chancellor (Research);
  2. discuss and to express views about other matters which the Board considers relevant to the academic mission of the Faculty;
  3. recommend new degree courses, in accordance with the framework set by the Academic Senate and subject to the business case approval of the Executive Dean;
  4. exercise any academic approvals which the Academic Senate might authorise the Faculty to discharge on its behalf, in accordance with the framework set by the Academic Senate;
  5. monitor and report to the Academic Senate on the:
    1. quality and standards in regard to Academic matters in the Faculty, in accordance with the framework set by the Academic Senate; and
    2. implementation in the Faculty of policies relating to Academic matters.
  6. make a recommendation to the Academic Senate, where the rules require or empower the Academic Senate to decide upon any matter on the recommendation of the Faculty.

(20) General proceedings of the Board:

  1. the number of members who constitute a quorum will be half the membership plus one, other than those members absent on approved leave and student members under clause 13(g);
  2. at the first meeting each year the Executive Dean will nominate a Deputy Chair from the members referred to in clause 13(c);
  3. the Board member nominated as Deputy Chair under clause 20(b) is to take the Chair at the Board meetings in the absence of the Executive Dean;
  4. the meetings of the Board will be convened by the Executive Dean;
  5. the formal notice of the Board meetings will be published by the Secretariat in the annual academic calendar and as required;
  6. the Board may appoint sub-committees to report to the Board on academic matters including:
    1. courses of study for undergraduate and postgraduate studies;
    2. research; and
    3. teaching and learning;
      with the membership of such sub-committees not limited to members of the Faculty.
  7. the Board will report on its business and that of its sub-committees to the Academic Senate on a regular basis through the provision of regular reports.
  8. the Board’s:
    1. Terms of Reference will be approved by the Vice-Chancellor on the advice of the Academic Senate;
    2. administration will follow the models, templates and conventions for a formal University committee and be supported by Governance Services; and
    3. meeting minutes will be made available to staff of the University.

(21) These Rules do not affect or reduce the responsibility of the Executive Dean to the Council or the Vice-Chancellor.

Faculty Executive Committee

(22) The Executive Dean is to establish a Faculty Executive Committee (the Committee) which will meet at least four times each year.

(23) The Committee comprises the following members of the Faculty:

  1. the Executive Dean;
  2. the Deputy Dean;
  3. the Faculty General Manager;
  4. each Associate Dean; and
  5. each Head of Department.

(24) The Executive Dean will delegate to the Committee the authority to carry out the functions as prescribed in its Terms of Reference.

(25) The Committee will provide advice and guidance to the Executive Dean on matters important to the effective discharge of the executive responsibilities of the Executive Dean, prescribed by the Vice-Chancellor and outlined in its Terms of Reference.

(26) The Faculty will provide a Secretary for the Committee.

(27) The Executive Dean will report on the business of the Committee to the Vice-Chancellor on a regular basis, as appropriate.

Department

(28) Each Department comprises:

  1. the Head of Department (being Chair at Department meetings);
  2. the continuing academic staff of the Department;
  3. members co-opted by the Department for a term not exceeding one year from the continuing academic staff and non-academic staff of the University.

(29) The total number of members co-opted under clause 28(c) will not exceed one-fifth of the number of members referred to in clause 28(a) and 28(b).

(30) Each Department will meet as required and will also consider matters referred to it by the Faculty Board, Faculty Executive Committee or the Executive Dean of the Faculty.

(31) The number of members who constitute a quorum at meetings of the Department will be half the membership plus one, other than those members absent on approved leave.

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Section 4 - Schedule 1 

Part B -  Procedures for Elections of Faculty Board

Registrar

(32) An election is to be conducted by the Registrar, who is to be the returning officer.

(33) Subject to this Schedule, an election is to be conducted in such manner as the Registrar may determine.

Timing of election

(34) In the conduct of an election, the Registrar must allow the following intervals:

  1. between the date of posting, delivery, publication or other display (as the case may be) of the notice of election and the date and time for close of nominations, not less than 14 and not more than 28 days;
  2. between the date and time for close of nominations and the posting or delivery of voting forms, not more than 28 days; and
  3. between the posting or delivery of voting forms and the date and time by which completed voting forms must reach the Registrar, not less than 14 and not more than 60 days.

Notice of election

(35) The Registrar is to give notice of an election:

  1. in the case of an election of an academic or non-academic staff member to the Board by:
    1. posting; or
    2. delivering;
      the notice to the last known email or postal address of each person entitled to vote at the election.
  2. in the case of an election of a student member to the Board by:
    1. publishing the notice on the Internet by means of the website of the University or on a notice-board at the University; and
    2. posting or delivering the notice to the last known email or postal address of each off-campus student entitled to vote at the election.

(36) The notice of election must:

  1. state the number of persons to be elected and the qualifications for candidature;
  2. invite nominations of candidates for election and specify the form in which nominations are to be made; and
  3. specify the date and time by which nominations must reach the Registrar.

Nominations

(37) A separate nomination form must be completed for each candidate.

(38) A nomination form must be:

  1. signed by two persons qualified to vote at the election concerned, one of whom is the proposer and one of whom is the seconder; and
  2. endorsed with, or accompanied by, the written consent of the candidate to his or her nomination.

(39) At the close of nominations, should the number of nominations:

  1. not exceed the number of persons to be elected, the Registrar must declare the persons so nominated to be elected; or
  2. exceed the number of persons to be elected, the Registrar must proceed to an election as provided for in this Schedule.

Voting form

(40) Each voting form is to contain the names of candidates arranged in the order in which those names are drawn by lot by the Registrar.

(41) Each candidate is entitled to nominate one scrutineer to represent the candidate at the draw.

(42) Should a voting form be lost or destroyed, a duplicate is to be supplied on written application to the Registrar.

Material to accompany voting form

(43) Each voting form is to be accompanied by:

  1. a notice that specifies:
    1. the manner in which the voting form is to be completed and submitted to the Registrar; and
    2. the date and the time by which the completed voting form must reach the Registrar.
  2. a statement relating to a candidate’s candidacy (not exceeding 150 words) if the candidate (not later than three days after the close of nominations or a later time as the Registrar may permit the candidate) supplied a statement to the Registrar;
  3. a statement showing the name of each candidate’s proposer and seconder;
  4. a form of declaration, or other means of verification, of identity and entitlement to vote; and
  5. two envelopes, one marked “Voting form” and the other addressed to the Registrar (except if the election is to be conducted by electronic means).

(44) The voting form, notice and any statements referred to in clause 43 of this Schedule, may comprise one or more documents.

Method of voting

(45) The voter is to mark his or her vote on the voting form by inserting the figure “1” opposite the name of the candidate to whom the voter wishes to give his or her first preference.

(46) If the voter wishes to show his or her order of preference for any or all of the remaining candidates, the voter may do so by inserting the figures “2”, “3”, “4” and so on, as the case requires, opposite the names of any of the remaining candidates so as to indicate by numerical sequence the order of his or her preference for the candidates.

(47) The voter must then:

  1. in the case of an election conducted by electronic means, submit his or her voting form to the Registrar; or
  2. in any other case:
    1. place the completed voting form in the envelope marked “Voting form”;
    2. place that envelope and the signed declaration of identity and entitlement to vote in the envelope addressed to the Registrar; and
    3. send or deliver the envelopes to the Registrar before the close of the poll.

Procedure on close of poll

(48) After the poll is closed, the Registrar or the Registrar's deputy must:

  1. in the case of an election conducted by electronic means, access the submitted voting forms and ascertain the result of the election, or
  2. in any other case:
    1. open the outer envelope addressed to the Registrar;
    2. if the declaration is duly signed by a qualified voter, ensure the envelope containing the voting form is placed and mixed with other similar envelopes; and
    3. open the envelopes containing the voting forms and ascertain the result of the election.

(49) No voting form is to be accepted unless it is received by the Registrar before the close of the poll.

(50) The Registrar is to decide whether any voting form is to be accepted or rejected.

(51) Each candidate is entitled to nominate one scrutineer to monitor the process for the counting of votes.

(52) Neither the Registrar nor anyone acting as the Registrar's deputy nor any scrutineer may in any way disclose or aid in disclosing in what manner any voter has voted.

(53) Despite any other provision in this Schedule, and to the extent to which it is possible, at least one of the academic staff members of a Faculty Board must have professorial rank.

(54) The result of an election is to be determined in accordance with the procedures set out in the publication entitled Proportional Representation Manual: Rules for Conducting Elections by the Quota-Preferential Method (3rd edition) published by the Proportional Representation Society of Australia, a copy of which is available in the office of the Registrar.

(55) The Registrar may make use of data processing equipment for the whole or any part of the procedures referred to in rule 6 of this Schedule.

(56) Subject to this Schedule, the Registrar may make such determination as the Registrar thinks necessary to produce a final result in an election or any matter incidental to an election and any such determination is final.

Criteria for election of academic staff to Faculty Board

(57) Only members of the academic staff who are:

  1. full-time continuing;
  2. part-time continuing; or
  3. fixed term for three or more years with fractional appointment of 50% and above;
    are eligible to participate in the election and to be elected.

Criteria for election of non-academic staff to Faculty Board

(58) Only members of the non-academic staff who are:

  1. full-time continuing;
  2. part-time continuing; or
  3. fixed term for three or more years with fractional appointment of 50% and above;
    are eligible to participate in the election and to be elected.