16 Oceania University of Medicine 2002, No. 2
(Samoa)
2002, No. 2
AN ACT to establish the Oceania University of Medicine
(Samoa). [29th
January 2002]
BE IT ENACTED by the Legislative Assembly of Samoa
in Parliament assembled as follows:-
TITLE
1. Short title and commencement-(1) This Act may
be cited as the Oceania University of Medicine (Samoa) Act
2002.
(2) This Act shall come into force on the 1st day of
January 2002.
2. Interpretation-(1) In this Act, unless the context
otherwise requires:
"Charter" means the Charter of the University prepared
and approved under Part IV:
"Chief Executive Officer" means the person appointed
by the Council under section 12 who may also be
addressed as the Vice Chancellor of the
University:
"Council" means the Council of the University
constituted under section 10:
"Academic year" means a period of twelve (12)
months commencing on 1 January in any year
and ending on 31st December in the same year:
"Statute" means any statute made under section 17:
"University" means the Oceania University of
Medicine (Samoa) established by this Act.
(2) In this Act, a reference to the holder of an office in
the University shall be read as including a reference to a
person for the time being performing the duties of that
office.
2002, No. 2 Oceania University of Medicine 17
(Samoa)
(3) In this Act, a reference to a function includes a
reference to a power, authority and duty.
PART 1
ESTABLISHMENT
3. Establishment of the University of Medicine-(1)
There is hereby established the Oceania University of
Medicine (Samoa) whose main Campus shall be based and
operated from Samoa.
(2) The university is a specialist university in the study,
training and research in medicine and health care in its
various disciplines inclusive of medical, dental and nursing.
4. Incorporation-(1) The Oceania University of
Medicine is a body corporate with perpetual succession and
a common seal, and shall be capable of entering into
contracts, of acquiring, holding and disposing of real and
personal property, of suing and being sued and of doing all
such other things as body corporates may lawfully do.
5. Academic freedom-(1) In enacting this Act it is
declared to be the intention of Parliament that the academic
freedom and the autonomy of the University are to be
preserved.
(2) For the purposes of this section, "academic
freedom", in relation to the University means -
(a) The freedom of academic staff and students,
within the law, to question and test received
wisdom, to put forward new ideas and to
state controversial or unpopular opinions;
(b) The freedom of academic staff and students to
engage in research;
(c) The freedom of the University and its staff to
regulate the subjectmatter of the various
courses in medical, dental and nursing taught
at the University;
(d) The freedom of the University and its staff to
teach and assess students in the manner they
consider best promotes learning;
18 Oceania University of Medicine 2002, No. 2
(Samoa)
(e) The freedom of the university through its Chief
Executive Officer to appoint its own staff.
(3) In exercising its academic freedom and autonomy,
the University shall act in a manner that is consistent with
the need for the maintenance of the highest ethical standards
and the need to permit scrutiny to ensure the maintenance of
those standards.
6. Governing Body - The governing body of the
University is the Council and all acts or things done in the
name of, or on behalf of, the University with the authority
of, or of a delegate of, the Council or the Chief Executive
Officer (under the authority of the Council) shall be deemed
to have been done by the University.
7. The Chancellor-(1) The Chancellor shall be
appointed by the Council after consultation with the Prime
Minister.
(2) As titular head of the University the Chancellor
shall be responsible for the conferment of degrees, diplomas,
awards and any other certificates of merit to persons who
have successfully completed courses at the University.
PART II
POWERS AND FUNCTIONS OF THE UNIVERSITY
8. Functions of the University - The functions of the
University are -
(a) The establishment of a centre of excellence in
the study, training and research in medicine
and health care in its various disciplines
inclusive of medical, dental and nursing;
(b) The acquisition and transmission of knowledge
in medicine and health care by teaching,
research and consultancy;
(c) The encouragement of intellectual
independence;
(d) The fulfilment of the goals and guiding principles
of the University as set out in the Charter.
2002, No. 2 Oceania University of Medicine 19
(Samoa)
9. Powers of University-(1) The University has -
(a) The rights, powers, and privileges of a natural
person; and
(b) The power to issue debentures; and
(c) The power to grant floating charges on the
University's undertaking or property, or any
of it; and
(d) The power to do any other thing it is authorised
to do by this Act, by any other enactment, or
by any rule of law.
PART III
COUNCIL OF THE UNIVERSITY
10. Council of the University-(1) The constitution,
composition and all other terms for the Council of the
University shall be determined by the Board of the Oceania
College of Medicine Company Ltd, a company duly
incorporated in Samoa.
(2) The Board of Oceania College of Medicine
Company Ltd shall within 3 months from the date of this
enactment provide a Constitution for the Council of the
University.
(3) Prior to providing a Constitution for the Council of
the University the Board of the Oceania College of
Medicine Company Limited shall authorise such persons to
operate and manage the affairs of the University until a
Constitution has been determined and Council established
pursuant to that Constitution.
(4) The board of Oceania College of Medicine
Company Ltd shall in providing a constitution for the
Council of the University have power to determine -
(a) The composition of the Council;
(b) The term of office, casual vacancies and
vacation of office of council members;
(c) The procedure and mode of meetings of the
Council;
(d) The payment of fees, allowances and any other
benefits to council members;
20 Oceania University of Medicine 2002, No. 2
(Samoa)
(e) The criteria for becoming council member; and
(f) All and any other matters relevant to the
constitution of the Council.
(5) Any matter which affects or may potentially affect
the interests of the Government relating to the Council shall
be the subject of consultation with the Prime Minister.
(6) Any amendment to the constitution, composition
and any other matter relating to the Council shall be
provided to the Prime Minister.
11. Personal liability - No member of the Council of
the University shall be personally liable for any act done or
omitted by the member or by the Council -
(a) In good faith; and
(b) In pursuance or intended pursuance of the
functions of the University or of the Council.
12. Functions of the Council - The functions of the
Council of the University are -
(a) To appoint a Chief Executive Officer and such
other staff of the University and designate
such titles and posts to be held by the staff;
(b) To appoint any person to any honorary office or
post of the university under such title or
designation determined by the council;
(c) To ensure that the University is managed in
accordance with its charter and its statements
of objectives;
(d) To determine the policies of the University in
relation to the implementation of its charter
and the carrying out of its statement of
objectives; and
(e) To manage the affairs of the University in
accordance with good management practice.
13. Duties of the Council - It is the duty of the
Council in the performance of its functions and the exercise
of its powers, -
2002, No. 2 Oceania University of Medicine 21
(Samoa)
(a) To strive to ensure that the University attains the
highest standards of excellence in medical
and health care education, training, and
research;
(b) To ensure that systems are established for the
coordination of, and accountability for
activities within the University; and
(c) To ensure that proper standards of integrity,
conduct, and concern for the well-being of
the students and staff of the University is
maintained.
14. Powers of Councils-(1) The Council has all powers
reasonably necessary to enable it to perform its functions
efficiently and effectively.
(2) Except where they are exercised by delegation
under this Act, the following powers of the University shall
be exercised only by the Council -
(a) To provide medical, dental and nursing courses
of study or training;
(b) To admit students and confer, through the
Chancellor degrees, diplomas, awards and
any other certificates of merit;
(c) To accept gifts, devises and bequests made to the
University whether on trust or otherwise;
(d) To agree to any arrangement for sharing
resources with any other University or
institution whether in or outside of Samoa;
(e) To arrange for the manufacture of, and
distribution of (whether by way of sale or
otherwise), any article or thing bearing a
mark, symbol or writing that is associated
with the University;
(f) To arrange for the provision of (whether by sale
or otherwise) goods and services to staff or
students of the University or other persons
using, or otherwise attending at, facilities of
the University;
(g) To prescribe fees payable by students of the
University;
22 Oceania University of Medicine 2002, No. 2
(Samoa)
(h) To establish boards, committees or other bodies
within the University to give advice to the
Council or carry out any function specified
by the Council and designate such boards and
committees by names determined by the
Council;
(i) To establish in conjunction with the Council of
any other university, in or out of Samoa,
boards or committees to be designated or
named by such title as agreed to between
Council members to assist in advancing the
interests of universities in Samoa;
(j) To join any international organisation of
universities;
(k) To arrange for the accreditation of the University
to provide and teach courses in medicine and
health care in its various diciplines inclusive
of medical, dental and nursing by any body or
authority in or outside of Samoa;
(l) To consult such persons, authorities and bodies
in or outside of Samoa as it considers
appropriate for the purposes of the
performance of any of its functions; and
(m) To do anything incidental to the exercise of any
of the preceding powers.
(3) The Council has power to appoint committees
consisting of such persons, whether or not members of the
Council, as the Council determines to exercise such powers
as are delegated to them under section 16 of this Act and
such powers as are conferred on them by statutes made by
the Council, and to alter, discharge, and reconstitute
committees so appointed.
15. Affixing of University's common seal-(1) The
Council may, in writing under the University's common seal,
authorise any member or members of the Council, the Chief
Executive Officer or any member or members of the staff of
the University, to execute documents, or documents of a
specified class or description, or specified documents, on
behalf of the University.
2002, No. 2 Oceania University of Medicine 23
(Samoa)
(2) Subject to subsection (6) of this section, an authority
under subsection (1) of this section may be given:-
(a) Unconditionally, or subject to any conditions the
Council thinks fit;
(b) To a specified member or members of the
Council or a specified member or members
of the staff of the University;
(c) To a member or members of the staff of the
University of a specified class or description;
(d) To the holder or holders for the time being of a
specified office or offices of or in the
University; or
(e) To the holder or holders for the time being of
offices of a specified class or description of
or in the University.
(3) The University's common seal shall not be affixed
to any document except -
(a) Pursuant to a resolution of the Council; or
(b) By virtue of, and in accordance with, an authority
under subsection (1) of this section.
(4) The affixing of the University's common seal
pursuant to a resolution of the Council shall be
countersigned -
(a) In the case of the affixing of the common seal to
a degree, diploma, award or any other
certificate of merit, by one Council member;
or
(b) In any other case, by at least 2 Council members.
(5) The affixing of the University's common seal by
virtue of an authority under subsection (1) of this section
shall be countersigned in accordance with the authority.
(6) An authority under subsection (1) of this section
shall provide for the affixing of the University's common
seal to be countersigned by at least 2 people.
(7) The affixing of the University's common seal on a
document is conclusive proof of the authority of the people
who affixed it to do so.
24 Oceania University of Medicine 2002, No. 2
(Samoa)
16. Delegation by Council-(1) The Council may, from
time to time, either generally or particularly, by writing
signed by at least 2 members of the Council, delegate to the
Chief Executive Officer or to a member of the staff of the
university or board or committee appointed under section 14
of this Act any of its functions or powers under this Act
(except the power to appoint a Chief Executive Officer).
(2) A delegation by the Council under this section may
be made subject to any general or special directions given or
conditions imposed by the Council, and the person or board
or committee to whom any functions or powers are
delegated under this section may perform those functions or
exercise those powers in the same manner and with the same
effect as if they had been conferred on that person, board or
committee directly by this Act and not by delegation.
(3) A delegation under this section is revokable at will
and, until revoked in writing by at least two members of the
Council, shall continue in force according to its tenor.
17. Statutes-(1) The Council may make statutes, not
inconsistent with this Act on any of the following matters -
(a) The good government and discipline of the
University;
(b) The imposition, by or on behalf of the Council,
of penalties upon staff or students of the
university for contravention of or failure to
comply with a statute with respect to a matter
referred to in paragraph (a) of this section;
(c) The enrollment of persons in any courses of study
or training of the university and the
admission of persons to examinations of the
university;
(d) Approval and regulation of the courses of study
and training of the university;
(e) The determination of degrees, diplomas, awards
and such other certificates of merit that may
be granted by the Council and the
requirements to be met before conferring
such degrees, diplomas, awards and any other
certificates of merit;
2002, No. 2 Oceania University of Medicine 25
(Samoa)
(f) The granting by the Council of fellowships,
scholarships, bursaries, and prizes;
(g) The provision of superannuation or retirement
benefits for, or in respect of, the Chief
Executive Officer or members of the staff of
the university; and
(h) Any other matter required or permitted by this
Act to be provided for by statutes.
(2) If the Council makes a statute under subsection (1)
(b) of this section providing for the imposition of penalties
upon staff or students the statute shall provide for the
Council or a person, board or committee, if so requested by
a member of the staff or a student upon whom a penalty is
imposed, to review, or arrange for the review of, the amount
of the penalty, the imposition of the penalty, or both.
PART IV
CHARTER
18. Charter for the University-(1) The Council shall
ensure that the University has a written charter, specifying
the goals and purposes for the University for each five year
period.
(2) It is the duty of the Council -
(a) As soon as practicable after its first meeting to
prepare and finalise a charter for the
University; and
(b) If at any time it appears to the Council that it is
desirable that the University's charter shall be
amended, then the Council may prepare and
approve such amendments.
19. Requirements for the charter-(1) The charter shall
specify the goals and purposes for the University and shall
include a statement on -
(a) Standards of medical and health care teaching
and learning to be achieved at the University;
and
26 Oceania University of Medicine 2002, No. 2
(Samoa)
(b) Codes and principles of conduct or
administration to be observed in the
management of the affairs of the University.
(2) The Council may include, in addition to the above
matters, such other details relating to the University that it
decides to include in its charter.
20. Charter to be available for inspection - The
Council shall ensure that a copy of the University's charter is
available at the office of the Council for inspection during
ordinary office hours by any person without charge and shall
forward a copy of the charter and any subsequent
amendments thereto to the Prime Minister.
PART V
ACCOUNTS
21. Bank accounts-(1) The Council may establish,
maintain and operate bank accounts in the name of the
University at any registered bank.
(2) As soon as is practicable after receiving any money,
the Council shall pay it into one or other of the University's
bank accounts.
(3) The Council shall properly authorise every
withdrawal and payment of money from any of the
University's bank accounts.
22. Proper accounts to be kept - The Council -
(a) Shall cause to be kept proper accounts and
records of the transactions and affairs of the
University; and
(b) Shall do all things necessary to ensure that
adequate control is maintained over the
assets of, or in the custody of the University
and over the incurring of liabilities by the
University; and
(c) Shall ensure that the accounts and financial
statements are audited by a qualified Auditor
appointed by the Council.
2002, No. 2 Oceania University of Medicine 27
(Samoa)
23. Annual report-(1) As soon as practicable after the
end of each academic year the Council shall finalise a report
on the operations of the University during that year.
(2) The Council shall include in every annual report of
the Council the financial statements prepared by the
Council, in acccordance with accepted financial reporting
and accounting practice in respect of the academic year to
which the report relates, together with the audit report and
the management statement relating to those financial
statements.
24. Annual report to be available for inspection -
The Council shall ensure that copies of its annual report are
available at the office of the Council for inspection during
ordinary office hours by any person without charge.
__________
Printed by the Clerk of the Legislative Assembly,
under the authority of the Legislative Assembly.
