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By-laws made under The University of South Australia Act, 1990

By virtue of the provisions of the University of South Australia Act, 1990 (as amended from time to time) and all other enabling powers the Council of the University of South Australia makes the following by-laws:-

1. Definitions
2. Authorised Persons
3. Trespass on University Grounds
4. Damage to University Property
5. Vehicles, Traffic and Parking
6. Parking Fees
7. Disorderly or Offensive Behaviour
8. Alcoholic Liquor
9. Smoking
10. General
11. Defences and Exemptions
12. Penalties
13. Delegations by Council
14. Order and Protection of Property

 


1. Definitions

In these by-laws:-

"The Act" means the University of South Australia Act 1990 as amended from time to time.

"Authorised person" means a person appointed and authorised in writing by the Council as an authorised person for the purposes of these by-laws.

"Council" means the Council of the University of South Australia.

"Delegate" means a person appointed by the Council to be a delegate for the purposes of these by-laws, or for the purpose of the by-law or by-laws in relation to which the expression is used.

"Pedestrian Crossing" means a crossing for the use of pedestrians established in accordance with these by-laws.

"Road" means carriageway, thoroughfare, track, way or area within the University grounds which has been formed for the use of vehicular traffic.

"University" means the University of South Australia.

"University Grounds" means land held under any tenure or used by the University of South Australia for or in connection with its functions, including all fixtures, buildings and structures on any such land.

"Vehicle" includes any motor car, motor truck, motor cycle, carriage, cart, bicycle, aircraft, or other vehicle of whatsoever kind or nature and howsoever driven or propelled.

 

2. Authorised Persons

2.1 The Council may appoint any person to be an authorised person for the purpose of exercising the powers conferred on an authorised person by these by-laws. The Council may at will revoke any such appointment.

2.2 The Council shall issue to every authorised person a certificate of appointment as an authorised person, and every such certificate shall state the period of the appointment.

2.3 If an authorised person has reasonable grounds to believe or suspect that a person is committing or has committed an offence against these by-laws, the authorised person may ask that person to state his or her name and address.

2.4 A person to whom such a request is made shall forthwith truly inform the authorised person of his or her name and usual place of residence.

 

3. Trespass on University Grounds

3.1 No person shall trespass upon University Grounds.

3.2 Every person reasonably suspected by an authorised person of trespassing on the University grounds, shall upon being shown the certificate of appointment of the authorised person:-

(i) give his or her name and address to that authorised person upon being requested to do so;

(ii) forthwith leave the University grounds if requested to do so by that authorised person.

 

4. Damage to University Property

4.1 No person shall wilfully destroy, damage or interfere with the University grounds or any buildings, fixtures, fences, chattels, vehicles, trees, shrubs, bushes, flowers, gardens or lawns or any part thereof.

4.2 No person shall on any part of the University grounds:

(i) remove or interfere with any stake or label on or near any tree, shrub, plant or flower;

(ii) remove, disfigure, damage or interfere with any sign, notice or notice board;

(iii) walk on or over any bed containing or being prepared for flowers or shrubs;

(iv) walk on or over any lawn in contravention of any notice posted thereon;

(v) enter or walk on or over any part of the University grounds which is enclosed and on which is posted a notice prohibiting persons from entering or walking thereon; or

(vi) interfere with or climb upon any fence, building, plant or structure of any kind, whether moveable or immovable.

4.3 No person shall within the University grounds:

(i) affix any bill, poster or placard to or against any building, wall, fence, structure, road or footpath;

(ii) use paint or chalk or any other means to write or draw upon, soil, deface or mark any building, wall fence, structure, road or footpath; or

(iii) post or erect or otherwise display any notice which has not been previously approved by a person authorised to approve notices on particular notice boards.

 

5. Vehicles, Traffic and Parking

5.1 No person shall drive a vehicle within the University grounds:-

(i) at a speed exceeding 15 kilometres per hour with the exception of University Boulevard at Mawson Lakes Campus where the speed will not exceed 40 kilometres per hour.

(ii) on a road on which a notice is erected stating a speed limit, at a speed exceeding that so stated.

(iii) negligently or without reasonable consideration for other persons in the vicinity; or

(iv) in such a manner as to cause undue noise.

5.2 Except in circumstances approved by the Council, no person shall drive any vehicle within the University grounds except upon a road.

5.3 Except in circumstances approved by the Council, no person shall ride push or store a bicycle within any University building.

5.4 The driver of a vehicle shall comply with any reasonable directions given by any authorised person for the purpose of regulating vehicle or pedestrian traffic or otherwise maintaining order within the University grounds.

5.5 No person unless authorised by the Council or its delegate shall drive on the University grounds any vehicle which when laden exceeds 5 tonnes in weight.

5.6 A person shall not within the University grounds sound the warning device of a vehicle so as to create unnecessary or offensive noise.

5.7 No person shall drive on the University grounds any tracked vehicle, except as authorised by the Council or its delegate.

5.8 No owner or driver of a vehicle shall park or leave such vehicle or cause allow or permit such vehicle to be parked or left or to remain:

(i) in any place in the University grounds unless such vehicle has affixed to or displayed on it a currently valid permit issued by or under the authority of the Council for the parking or leaving of such vehicle in such place, and such permit is affixed or displayed in accordance with any instructions given in writing when such permit was issued; provided that the Council or its delegate may exempt any person or class of persons from this requirement, either generally or in relation to any particular area, and subject to such conditions (if any) as the Council or its delegate may specify;

(ii) in any place within the University grounds which is designated or marked out as a prohibited area by a sign or marking;

(iii) in any place within the University grounds for a longer period of time than the period designated or marked out by a sign or marking as the maximum for which vehicles may be parked or left in that area;

(iv) in any place within the University grounds so that such vehicle stands across any line designating or marking out a parking space, provided that where spaces so designated or marked out provide for the ranking of vehicles and where the length of the vehicle exceeds the length of one such space it shall be lawful to rank such vehicle wholly within two such spaces, subject however to these by-laws;

(v) in any place within the University grounds which is marked out or designated as a parking space and which is already occupied by another vehicle; or

(vi) in any place within the University grounds which is not designated or marked out by a sign or marking as an area in which a vehicle may be parked or left;

Permits issued by the Council pursuant to this by-law may, by resolution of the Council from time to time and for such reasons as the Council thinks fit, be cancelled or temporarily withdrawn.

5.9 The driver of any vehicle within the University grounds, or any person reasonably suspected by an authorised person of having parked or left a vehicle at any place in the University grounds, shall give his or her name and address to any authorised person who requests it.

5.10 No person shall park or leave any vehicle in University grounds in such a manner as to obstruct the passage of vehicles or pedestrians.

5.11 A person being the driver of, or otherwise in charge of, any vehicle within the University grounds shall remove such vehicle from the University grounds upon being directed to do so by an authorised person.

5.12 Any authorised person may remove any vehicle from the University grounds if the authorised person believes that the vehicle has been parked or left in breach of these by-laws.

5.13 The Council may erect on the University grounds notices giving directions for any of the following purposes:-

(i) fixing the maximum speed on any road;

(ii) providing for one way traffic;

(iii) prohibiting the standing of vehicles on any road or part of a road or within any area;

(iv) fixing a time limit for the standing of vehicles on any road or part of a road or within any area; or

(v) otherwise regulating traffic or the standing of vehicles within the University grounds.

5.14 Signs used to indicate areas or zones or for traffic control or directions as referred to in these by-laws shall use the layout set out by Standards Australia AS1742, AS1743 and AS1744 as amended.

5.15

(a) The Council may from time to time cause:

(i) pedestrian crossings to be created in the University grounds;

(ii) signs to be erected or markings to be made in the University grounds indicating the presence of a pedestrian crossing.

(b) A pedestrian crossing shall be indicated by:

(i) a series of white stripes extending across the road and normally parallel to the centre of the road;

(ii) advance warning signs bearing the words "Pedestrian Crossing Ahead" located in positions determined by the Council;

(iii) pedestrian crossing signs inscribed with the word "Crossing" and walking legs symbol located in positions determined by the Council;

(iv) any other sign, line or marking as determined by the Council.

(c) The driver of any vehicle approaching a pedestrian crossing shall give way to any pedestrian on the crossing.

(d) A driver of any vehicle shall not permit that vehicle or any part thereof to pass another vehicle which is headed in the same direction and has stopped at a pedestrian crossing for the purpose of giving way to pedestrians thereon.

(e) A pedestrian shall not remain within the limits of a pedestrian crossing longer than is necessary for the purpose of passing over the crossing with reasonable speed.

5.16 The Council may from time to time by resolution declare any road (or any part thereof) to be:

(i) a prohibited area or zone;

(ii) a loading area or zone;

(iii) a permit area or zone;

(iv) a parking area or zone;

(v) a time limit area or zone; or

(vi) a reserved area zone.

5.17 The Council may from time to time by resolution:

(i) declare the days and/or hours during which, the periods for which, the aggregate of time during which, the conditions or circumstances under which or the occasions when, it is permissible or forbidden for vehicles to be or remain in any area or zone declared pursuant to by-law 5.16 of these by-laws;

(ii) declare (in addition to and not in derogation of by-law 5.17 (i) of these by-laws) which persons or what vehicles may use any permit area or zone declared pursuant to by-law 5.16 (iii).

5.18 A person shall not drive a vehicle, permit a vehicle to stand, or otherwise act, in contravention of a notice erected under these by-laws.

5.19 The expiation fee for offences relating to vehicular traffic or the parking of vehicles shall, in relation to each campus of the University, be such amount as the Council may from time to time determine.

5.20 For the purpose of expiation fees for offences relating to vehicular traffic or the parking of vehicles the registered owner of the vehicle shall be liable.

 

6. Parking Fees

The Council may determine parking fees for reserved and unreserved parking at its Campuses. Such fees will be determined in sufficient time for application in the following year.

 

7. Disorderly or Offensive Behaviour

7.1 No person shall:

(i) use any indecent language or be guilty of any offensive or disorderly conduct on (the) University grounds;

(ii) be guilty of any offensive or disorderly conduct which hinders or interferes with any activities lawfully conducted on the University grounds;

(iii) disrupt any teaching activity, examination or official meeting or proceeding of the University; or

(iv) throw, place, deposit, or leave on the University grounds, any rubbish, refuse, paper, bottles or glass (broken or otherwise) or any litter of any kind or nature whatsoever.

7.2 An authorised person may remove from the University grounds any person who commits an offence against By-law 7.1.

7.3 A person who commits an offence against By-law 7.1 shall not enter or re-enter the University grounds without the prior approval of Council or its delegate.

(In relation to 7.2, 'authorised persons' are members of senior management, security staff, campus service managers, site services managers and Director/Managers of Units with University-wide responsibilities authorised as stipulated by delegated power of the Vice Chancellor.)

 

8. Alcoholic liquor

8.1 No person shall, without the permission of the Council or its delegate, bring alcoholic liquor upon the University grounds, or keep or consume any alcoholic liquor upon the University grounds.

8.2 An authorised person may remove from the University grounds any intoxicated person and search the University grounds and vehicles for alcoholic liquor, and may seize any alcoholic liquor reasonably suspected of having been brought on to the University grounds contrary to this by-law.

8.3 The Council may confiscate any alcoholic liquor brought on to the University grounds contrary to this by-law, whereupon such liquor shall become the property of the University.

8.4 This by-law does not apply to any licensed premises within the University grounds.

 

9. Smoking

No person shall smoke within any University building or in any place where an official sign prohibiting smoking is erected.

 

10. General

10.1 A person shall not:

(i) kill or injure or cause any suffering to any animal within the University grounds;

(ii) bring a dog into the University grounds or permit a dog to remain within those grounds unless the dog is at all times while in those grounds kept on a leash; nor without the consent of the University Council or its delegate, bring a dog (other than a dog used for guidance of a visual or hearing impairment) into any University building or permit any such animal brought by that person into the University building ;

(iii) without the consent of the Council or its delegate, bring any animal (other than a dog or a horse used as a beast of burden or traction) into the University grounds or permit any such animal brought by that person into the University grounds to remain within those grounds;

(iv) without the consent of the Council or its delegate, be in possession of a fire-arm, any explosive substance or any weapon capable of discharging missiles which may cause death or injury to any person, within the University grounds;

(v) bathe in or pollute any lake or pool situated within the University grounds or attempt to take any fish therefrom;

(vi) light any fire within the University grounds, except in a place set aside for that purpose.

10.2 Where reasonable cause exists any consent given under by-law 10.1 may be withdrawn by the Council or its delegate.

10.3 The Council or its delegate may prohibit the holding within the University grounds of any meeting which in the opinion of the Council may be detrimental to the maintenance of good order, or which may cause any hindrance to or any interference with the conduct of any activities in the University grounds, or which may endanger property, and no person shall conduct, promote or take part in any meeting so prohibited.

 

11. Defences and Exemptions

11.1 A person doing an act which, but for this by-law, would be an offence against any of the foregoing by-laws shall not be guilty of an offence against such by-law if, in doing the act in question:

(a) that person was an employee of the University performing his or her specified duties;

(b) that person was a police officer or other public official acting in the course of his or her duty;

(c) that person was authorised to do the act by the Council or its delegate.

11.2 The owner, driver or person in charge of any of the following vehicles shall be exempt from the provisions of by-laws 5.2, 5.6 & 5.8:

(i) a vehicle used as an ambulance and being at the time used on urgent ambulance service;

(ii) a vehicle used by a fire brigade for attendance at fires and at the time called in connection with or attending at an outbreak of fire or suspected outbreak of fire;

(iii) a vehicle used by a member of the police force in the course of his or her duty as such.

 

12. Penalties

12.1 Any person who contravenes or fails to observe any of these by-laws shall be guilty of an offence and liable to a penalty in an amount from time to time determined by the Council for that purpose, not exceeding a division 8 fine, and to pay compensation for damage as hereinafter provided.

12.2 Penalties incurred under these by-laws may be recovered in a summary manner.

12.3 In any proceedings for the recovery of penalties, the University may claim and recover summarily compensation for any damage done by the defendant to the University grounds or to anything growing or being thereon.

 

13. Delegations by Council

The Council may appoint any person to be a delegate of the Council for the purposes of these by-laws, or for the purposes of any one or more of these by-laws specified in the resolution of the Council making such appointment. The Council may at will revoke any such appointment

 

14. Order and Protection of Property

14.1 Subject to By-law 14.4 where it appears necessary to the Council or its delegate, for the purpose of maintaining good order on the University grounds or to protect property or to prevent the hindrance to or interference with any activities conducted on the University grounds, the Council or its delegate may make a determination prohibiting a named person, or named persons from entering upon or remaining in the vicinity of the University grounds, upon such terms and for such period as are specified in the determination.

14.2 Any person who contravenes or knowingly fails to obey a determination made pursuant to By-law 14.1 shall be guilty of an offence and liable to a penalty in an amount from time to time determined by the Council for that purpose and to pay compensation for any damage.

14.3 Where a student of the University is the subject of a determination under By-law 14.1, the student may request the Vice Chancellor in writing to refer the matter to a Board of Enquiry under Statute No. 7 of the Statutes of the University, to be dealt with as a complaint of misconduct on the part of the student. The Vice Chancellor must comply with the request within 14 days of receiving it. The determination under By-law 14.1 will be superseded, with respect to the student in question, by the decision of the Board of Enquiry, but will remain in full effect pending the making of that decision.

14.4 A determination under By-law 14.1 may not be made in respect of a staff member or staff members of the University.

 

The By-laws were confirmed in Executive Council by Dame Roma Mitchell Governor, on 26th March 1992.
The revised By-laws were confirmed in Executive Council by Sir Eric Neal, Governor on 19th April 2001. A further revision of the By-laws was confirmed in Executive Council by Her Excellency, Marjorie Jackson-Nelson AC, CVO, MBE on 18th August 2005.

 

 

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