Governance

Statute No. 20: Guild of Undergraduates

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Statute No. 20: Guild of Undergraduates 

1. In this Statute unless the context otherwise requires—

(a) 'Guild' means the Guild of Undergraduates referred to in the University of Western Australia Act 1911, recognising that both undergraduate and postgraduate students of the University are encompassed by the 'Guild' or 'Student Guild', as it may also be known.
(b) 'Guild Council' means the Council of the Guild referred to in Clause 9 of this Statute;
(c) 'regulations' means regulations made by the Guild under Clause 12 of this Statute;
(d) 'by-laws and rules' means by-laws and rules made by the Guild under Clause 9 of this Statute;
(e) 'general meeting' means any general meeting of members of the Guild held under Clause 13 of this Statute at which all ordinary members of the Guild may vote;
(f) 'referendum' means any ballot on any subject held under Clause 10 of this Statute at which only ordinary members of the Guild are eligible to vote;
(g) 'plebiscite' means any ballot on any subject held under Clause 10 of this Statute at which all students are eligible to vote;
(h) 'student society' means any club, society or association within The University of Western Australia having an initial membership of ten or more members of the Guild and having a membership of not less than five members of the Guild at all subsequent times and which is registered by the Guild in the manner prescribed in the regulations;
(i) 'ordinary members' means ordinary members of the Guild in terms of Clause 4 of this Statute;
(j) 'subordinate bodies' of the Guild means bodies established from time to time by the Guild Council and subject to its control;
(k) 'student' means a person enrolled in the University as a student;
(l) 'Amenities and Services Fee' means the fee collected by the University as prescribed in the University of Western Australia Act 1911; and
(m) 'Sports Association' means the UWA Sports and Recreation Association Incorporated.

2.(1) The objects of the Guild are—

(a) to foster all that tends to the advancement of learning and the ennoblement of life;
(b) to provide means of social interaction between students at the University;
(c) to provide, conduct, facilitate or manage educational, cultural, sporting, welfare, recreational or commercial facilities or activities for the direct or indirect benefit of students of the University;
(d) generally to further the common interest of students at the University.

(2) The Guild is the recognised means of communication—

(a) between the students or any section of them and the governing authority of the University;
(b) between the students of this University or any section of them and other tertiary institutions.

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3. For the purposes of carrying out its objects, the Guild has the power—

(a) to spend and invest money;
(b) to operate banking accounts;
(c) to transact financial business as necessary;
(d) to borrow, raise or secure the payment of money for any of the objects of the Guild from time to time and in particular by mortgaging or charging the Guild’s property or any part of it;
(e) to enter into contracts on behalf of the Guild or a student society, provided that the terms of any contracts have been approved by the Guild Council;
(f) to lend money to ordinary members of the Guild;
(g) to buy, take on lease, take in exchange, hire or otherwise acquire, any real or personal property and to sell, let, mortgage or dispose of that property;
(h) to exercise a general supervision and control over all student societies;
(i) to register student societies with the Guild and affiliate them with subordinate bodies of the Guild;
(j) to assume the care, control and management of the property and financial affairs of a student society, either pending a further resolution of the Guild Council or for such period as the Guild Council deems fit;
(k) to engage and dismiss employees;
(l) to incorporate or cause to be incorporated a student society under the Associations Incorporation Act or under the Companies Act or any similar legislation for the benefit of the members of that society and to limit the liability of the Guild, and to hold shares in any company so incorporated;
(m) to hold licences under any legislation in force;
(n) to admit to associate membership, honorary associateship or honorary life associateship persons other than ordinary members of the Guild;
(o) in the manner prescribed in the regulations, to impose fines on members of the Guild, on members and officers of student societies and on student societies, for breaches of the provisions of this Statute, or regulations, by-laws or rules authorised to be made under this Statute, provided that the limits of the fines are clearly stated in the regulations, by-laws or rules;
(p) generally, to act in all other matters authorised by this Statute or necessary or convenient for giving effect to this Statute.

4.(1) All students of the University are eligible to be ordinary members of the Guild.

(2) No person other than a student of the University is eligible to be an ordinary member of the Guild.

(3) All students are automatically members of the Guild unless they elect, either at the time of enrolment in any year or at any time during the year, not to be members.

(4) The University must not act in a way that may dissuade or discourage a student, or person seeking enrolment as a student, from being or becoming a member of the Guild.

(5) The University must notify students, at the time of their enrolment, of the provisions of sub-clause (3).

(6) No academic benefit, right or privilege will be denied to, or withheld from, any student by reason of that student being or not being a member of the Guild.

(7) A student who elects not to be a member of the Guild may vote in Guild elections but may not hold an elective office of the Guild.

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5.(1) The University levies an annual Amenities and Services Fee in accordance with the provisions of the University of Western Australia Act 1911.

(2) The amount of the Amenities and Services Fee in each year is determined by the Senate after it receives a report and recommendation from the Guild and the Sports Association.

(3) The Senate may determine that a different level of fee is payable by a specified class of students depending on a student's enrolment.

(4) All students, except those exempted in accordance with sub-clause (5), are required to pay to the University the Amenities and Services Fee appropriate to their enrolment, as approved by current resolution of the Senate.

(5) Those students who, in accordance with the Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union Fees) Act 2005 (Commonwealth), choose not to use the amenities and services for which the Amenities and Services Fee is levied, are exempt from payment of the fee.

(6) The Senate must ensure that the University offers a loan scheme to which students may apply for assistance in any year, if they believe that financial hardship would prevent them from paying the Amenities and Services Fee and thereby deny them access to the amenities and services for which the fee is levied and to which they wish to have access.

6.(1) The Senate has agreed to pass on to the Guild in each year all Amenities and Services Fees collected for that year, after deduction of an administrative charge sufficient to meet the University's reasonable costs in administering the fee.

(2) The administrative charge for 2003 must be approved by resolution of the Senate, taking account of the advice of the Registrar and the Guild President.

(3) In any year after 2002, the Registrar or the Guild President may submit a recommendation to the Senate that the charge be adjusted for the following year to take account of specified changing circumstances, and any adjustment must be approved by Senate resolution.

(4) The Guild may pay to the Sports Association in each year, for the purposes specified in sub-clause 7(2), a percentage, approved by the Senate, of the Amenities and Services Fee passed to it under sub-clause (1).

(5) In regard to the percentage referred to in sub-clause (4) the Senate will, after taking account of the advice of the Guild and the Sports Association—

(a) determine a minimum percentage by resolution; and
(b) approve the actual percentage from time to time.

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7.(1)(a) The Senate and the Guild Council have agreed that the Amenities and Services Fee which the Guild receives under sub-clause 6(1) may be applied to any or all of the following broad categories of services and amenities, for the benefit of students:

(i) student representation;
(ii) student societies;
(iii) social activities;
(iv) cultural activities;
(v) sporting activities;
(vi) welfare;
(vii) catering;
(viii) commercial activities;
(ix) capital funds and infrastructure;
(x) investments and reserves;
(xi) other services and amenities consistent with the objects and powers of the Guild as defined in Clauses 2 and 3; and
(xii) the administrative costs of any or all of the activities and facilities listed in sub-paragraphs (i)–(xi).
(b) Any proposal to amend the broad categories of services and amenities listed in (a)(i) to (xii) must have the approval of both the Guild Council and the Senate.

(2) The Senate and the Guild have agreed that the Sports Association is required to use the payment received annually from the Amenities and Services Fee under the provisions of sub-clause 6(4) to provide sporting facilities and activities for the benefit of students.

8.(1) For each year, the Guild is required to submit to the Senate, in accordance with the provisions of sub-clause (3)—

(a) accounts audited in accordance with the relevant auditing standards in force at the time, by an independent external auditor approved from time to time by the Senate, and including an annual balance sheet and statement of income and expenditure; and
(b) a written report on how the Amenities and Services Fees it received under Clause 6(1) have been applied to provide services and amenities under the broad categories set out in Clause 7(1)(a).

(2) For each year, the Sports Association is required to submit to the Senate, in accordance with the provisions of sub-clause 8(3)—

(a) accounts audited in accordance with the relevant auditing standards in force at the time, by an independent external auditor approved from time to time by the Senate, and including an annual balance sheet and statement of income and expenditure; and
(b) a written report on how the Amenities and Services Fees it received under Clause 6(4) have been applied to provide services and amenities under the broad categories set out in Clause 7(2).

(3) The documents required by sub-clauses (1) and (2) must be submitted to the Senate within one month of their receipt and acceptance by the Guild Council and Sports Association respectively and no later than 31 August.

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9.(1) The Guild is governed by a council called the Guild Council.

(2) The number of members of the Guild Council, and the manner of their election are prescribed in the regulations.

(3) Subject to this Statute and the regulations made under it, the Guild Council has the entire control and management of the affairs and concerns of the Guild and may act in all matters concerning the Guild in the manner which, in its opinion, is best calculated to promote the interests of the Guild.

(4) The Guild Council may in the manner prescribed in the regulations make, alter or repeal by-laws and rules but only when the power to do so is specified in a regulation and only to the extent specified.

(5) The Guild Council must make provision for the control and management of any property from time to time owned or occupied by the Guild.

10.(1) A general meeting of the Guild may debate any issue of concern to members of the Guild, and may make recommendations to the Guild Council.

(2) A plebiscite held by the Guild may debate any issue of concern to students and may make recommendations to the Guild Council.

(3) A referendum held by the Guild determines Guild policy on the issues submitted to the referendum and binds the Guild Council.

11.(1) The Guild Council is responsible for the safe custody of the Common Seal.

(2) The Common Seal may only be used by the authority of a resolution of the Guild Council and in the presence of the President of the Guild.

(3) The President of the Guild must sign every instrument to which the Seal is affixed, and must ensure that the instrument is countersigned by the Secretary of the Guild or another person appointed by the Guild Council.

12. The Guild, in the manner prescribed in this Statute, may make, alter and repeal regulations to provide for—

(a) the administration, organisation and finances of the Guild;
(b) the interpretation of the provisions of regulations, by-laws and rules, subject to—
(i) an appeal to the Guild Council of a committee comprising no fewer than three members of Guild Council appointed for the purpose; and
(ii) to a further appeal to the Senate, or a committee of not less than three members of the Senate appointed for the purpose;
(c) the detailed implementation of the objects and powers of the Guild and the provisions of this Statute; and
(d) any other matter requiring regulation for the purpose of this Statute.

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13.(1) The power to make, alter or repeal regulations under this Statute is exercised as set out in sub-clauses (2) to (15).

(2) A resolution to make, alter or repeal regulations is first passed by an absolute majority of Guild Council.

(3) The resolution so passed is posted on the official Guild noticeboard and published in the Guild's official newspaper or any other publication produced under the authority of the editor of that newspaper and financed in part or in whole from the money set aside in the account for that newspaper.

(4) The notice posted in terms of sub-clause (3) must include advice to the ordinary members of the Guild that they are entitled to have the resolution considered at a general meeting of the Guild, subject to fifteen members giving notice to that effect within 14 days of the date of posting on the noticeboard.

(5) If no notice is received in terms of sub-clause (4), the resolution takes effect after the stipulated 14-day period has expired.

(6) If 15 members of the Guild give the notice required in sub-clause (4) within the specified timeframe to the Secretary of the Guild, the resolution is considered at the next general meeting of the Guild or at a special general meeting called for the purpose.

(7) At the general meeting the resolution may be confirmed or amended, in either case by a simple majority of the ordinary members present, and if confirmed, becomes effective immediately.

(8) If the resolution is amended at the general meeting, the amended resolution is considered at the next meeting of Guild Council, and if accepted by an absolute majority of Council, becomes effective immediately.

(9) Where a regulation is made, altered or repealed as outlined in sub-clauses (2) to (5) inclusive, the Guild President prepares and signs a certificate setting out the resolution and the manner of compliance with sub-clauses (3) and (4) and presents the certificate to the next general meeting of the Guild for information.

(10) If a general meeting of the Guild passes a resolution that a proposal to make, alter or repeal a resolution is to be submitted to a referendum, the Guild Council submits the proposal to a referendum of the ordinary members of the Guild either at the next scheduled general election, or by-election, or at another time determined by the Council, provided that the time chosen is not after the next scheduled general election.

(11) If the majority of those voting in a referendum approve a proposal submitted to the referendum, the Guild Council passes a resolution at its next meeting that a regulation or regulations be made, altered or repealed in accordance with the decision of the referendum and the resolution becomes effective immediately.

(12) The President of the Guild ensures that advice of any decision to make, alter or repeal a regulation or regulations is forwarded to the Executive Director (Academic Services) and Registrar.

(13) The Registrar acknowledges receipt of advice of any decision to make, alter or repeal a regulation or regulations and submits the regulation or regulations for consideration at the next ordinary meeting of the Senate or at a special meeting of the Senate called for the purpose.

(14) The Senate may disallow the regulations in whole or in part, but if it does not do so within three months after the first meeting of the Senate at which they are considered, they are taken at that time as having been allowed.

(15) Subject to sub-clauses (2) to (14) the regulations are of full force and effect from the time they are allowed by the Senate.

14.(1) The President of the Guild is required to maintain formal records of all proposals made by the Guild for the making, amendment or repeal of regulations, of the despatch of advice of such proposals to the Registrar for Senate's consideration, and of the decisions made on them.

(2) The Registrar is required to maintain formal records of the resolution of Senate in relation to advice received from the Guild regarding the making, alteration or repeal of its regulations, and to forward formal advice of those resolutions to the President of the Guild.

15. This Statute replaces the former No. 20 on the day it is published in the Government Gazette.

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