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Constitution of the University of the Sunshine Coast Foundation
Approved: Council C97/25, 29 April 1997
Last revised: Council C10/75, 19 October 2010
1. Structure of the Foundation
1.1 The University of the Sunshine Coast Foundation is an organisational structure within the University of the Sunshine Coast which has been established by the University as its fund raising and alumni relations arm. It has no legal stature in its own right. It functions by resolution of the University Council under Sections 9(1) and 9(2) of the University of the Sunshine Coast Act 1998.
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2. Functions of the Foundation
2.1 The Foundation will:
2.1.1 Raise funds in cash or through gifts-in-kind to assist the University in the fulfilment of its functions.
2.1.2 Receive and administer funds raised by donations, gifts-in-kind, bequests, sponsorships, or special grants. Funds received will be managed and invested on behalf of the Foundation by the University’s Financial Services.
2.1.3 Maintain the University’s designation under the Australian Taxation Office as a Deductible Gift Recipient and oversee the management of a Gift Fund(s). All donations, gifts-in-kind, bequests or special grants will be directed to the Gift Fund(s).
2.1.4 Involve the community in appropriate ways in the raising of funds so that people have a sense of close involvement in the life and work of the University.
2.1.5 As appropriate provide recognition to individuals, community groups, corporations, foundations, trusts and institutions who assist the Foundation in fulfilling its functions.
2.1.6 Organise at least one recognition/awareness event annually, at which the Vice-Chancellor will report on the Foundation and the progress of the University toward achieving its aims.
2.1.7 Issue promotional material and organise public functions to encourage the donation of funds to the University.
2.1.8 Oversee the Alumni Relations Program for the University. The Alumni Relations Program will assist graduates in maintaining a connection with the University as well as each other.
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3. Management of the Foundation
3.1 The Foundation will be managed by the Vice-Chancellor in consultation with and on the advice of a Board which will be appointed by the Council of the University (except the Vice-Chancellor who will be an ex officio member of the Board).
3.2 The Vice-Chancellor may appoint a person or persons who will be responsible for the day to day organisation of fund raising activities, including liaison with Board members.
3.3 The Board is composed of the Vice-Chancellor and at least eight, but not more than twelve, other persons, who will be eminent persons selected from the community, at least two of whom will be Councillors of the University.
3.4 A chairperson, who will preside at meetings of the Board, will be appointed by Council from amongst the Councillors on the Board, for a specified period.
3.5 In accordance with section 11(1)(c) of the University of the Sunshine Coast Act 1998, the Council delegates to the Vice-Chancellor the authority to act on its behalf in the functioning of the Foundation.
3.6 The Vice-Chancellor’s powers under paragraph 3.5 above shall be exercised subject to the direction of Council and Council resolutions and will usually follow consultation with the Board.
3.7 Subject to paragraph 3.8, and with the exception of the Vice-Chancellor, members of the Board will hold office for a period of three (3) years. This three year period shall begin once Council has approved the appointment of the member.
3.8 A member of the Board will cease to hold office if the member:
3.8.1 dies; or
3.8.2 resigns from office by written notice to the Vice-Chancellor; or
3.8.3 becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, or compounds with his creditors or makes an assignment for their benefit; or
3.8.4 becomes a voluntary patient within the meaning of, or as is ordered to be kept in custody under the Mental Health Act 1974, or is similarly confined, controlled or restricted under a law of a State or Territory of the Commonwealth which provides for the care and control of persons who are mentally ill; or
3.8.5 is convicted of an offence in Queensland which is punishable by imprisonment for twelve (12) months or more, or is convicted elsewhere of an offence which, if committed in Queensland, would be an offence so punishable; or
3.8.6 is absent without leave from three (3) consecutive meetings of the Board of which reasonable notice has been given; or
3.8.7 ceases to hold the qualification, if any, for membership; or
3.8.8 is removed from the Board by resolution of Council.
3.9 The Board may, subject to the University of the Sunshine Coast Act 1998, the statutes made pursuant to that Act and any direction or resolution of Council, determine its mode of operation.
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4. Membership of the Foundation
4.1 The Board may recommend to Council for approval the establishment of membership categories and an annual membership subscription to the Foundation.
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5. Meetings, reports and budgets
5.1 The Board will meet a minimum of four times a year.
5.2 A quorum for meetings of the Board will be the Vice-Chancellor plus one-half of the number of members holding office.
5.3 The Vice-Chancellor will submit minutes of the meetings of the Board to Council following every meeting. The Board will provide an annual report on the activities of the University Foundation to the Vice-Chancellor for transmission to Council.
5.4 A budget setting out estimated costs of promotion and organisation of fundraising and alumni relations activities will be prepared annually for recommendation by the Vice-Chancellor for inclusion within the University’s budget. Reports on expenditure within the budget will be made to the Board on a regular basis.
5.5 The expenses of the Foundation are to come from a designated budget and normally cannot include funds made available to the University by way of donations, gifts-in-kind, bequests or special grants.
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6. Fund raising priorities
6.1 The Vice-Chancellor will, at least once each calendar year, present to the Board a list of priority projects, covering the current needs of the University as a whole, with a recommendation that it raise funds for these projects.
6.2 The Board will consider all proposed projects and may recommend to the Vice-Chancellor that:
6.2.1 a project be accepted;
6.2.2 a project be rejected or deferred;
6.2.3 a project be amended.
6.3 The Vice-Chancellor will prepare an accurate costing of each project and may add an administrative charge which, when raised, will be credited to the General or Endowment Funds of the Foundation. The Endowment Fund or Investment Common Fund is to be managed as in Section 54.(1) of the University of the Sunshine Coast Act 1998.
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7. Management and investment of funds
7.1 The University has been endorsed as a Designated Gift Recipient (DGR) and must maintain a Gift Fund (s).
A Gift Fund is a separate fund that a DGR maintains to receive gifts of money and property made for its principal purpose (or the principal purpose of the fund, authority or institution for which the DGR is endorsed).
The University has two Gift Funds.
- University of the Sunshine Coast
- University of the Sunshine Coast Gallery Library / Library
7.1.1 Gifts to the “University of the Sunshine Coast” Gift Fund may be received as a general donation not targeted to a particular area or as donations to support a particular project.
7.1.2 Gifts to the “University of the Sunshine Coast Gallery Library/Library” Gift Fund will include artwork and other in-kind donations under the Government’s Cultural Gifts Program.
7.2 A gift to either of the Gift Funds may be endowed to preserve the capital of the donation. The endowment will be managed by Financial Services and normally only the income of the gift will be used annually or as stipulated by the donor.
7.3 The income earned on donations will be credited to an identified account for the donation that has earned the income.
7.4 The distribution of income earned by capitalised funds of gifts is to be made on an annual basis or as otherwise advised by Financial Services
7.5 The investment returns must be credited to the Gift Fund.
7.6 All funds will be invested in accordance with the general investment policies of the University.
7.7 Should the University wish over time to use a gift for a purpose other than that for which it was originally donated, then the Board must comply with Sections 43-48 of the University of the Sunshine Coast Act 1998.
When a gift is to be used for a purpose other than that originally designated by the donor then, where possible, the donor or his/her family must be contacted before the change in designation is made.
When a gift is to be used for a purpose other than that for which it was originally designated it must remain within the Gift Fund or be transferred to another Gift Fund.
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8. Alumni relations
8.1 The Foundation is to oversee an Alumni Relations Program. The objectives of the Program are to enhance the growth of the University through the network of alumni and for the University to assist the alumni in remaining in contact with each other.
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9. Code of Practice
9.1 The Foundation will work within the AVCC Code of Practice for Australian University Philanthropy.
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10. Patrons
10.1 Patrons, who will assist in the general promotion of the Foundation, may be appointed by Council on the recommendation of the Board.
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11. General
11.1 The Council may amend this constitution, as it considers appropriate in consultation with the Board.
11.2 The Board will ensure that:
11.2.1 Adequate financial records of the Foundation are kept;
11.2.2 financial reports are prepared for transmission to the Council.
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12. Dissolution
12.1 With the approval of the Council, the Foundation may be disbanded at any time. All donations must remain within a Gift Fund of the University.
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