{"id":"nsw:act-1990-110","name":"Australian Catholic University Act 1990","slug":"australian-catholic-university-act-1990","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"110 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106478,"registerId":"nsw-act-1990-110-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Australian Catholic University Act 1990](/view/html/inforce/current/act-1990-110).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on 1 January 1991.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act:\n> \n> Australian Catholic University or University means the company incorporated under the Companies (Victoria) Code under the name of the Australian Catholic University Limited or under that name as changed from time to time.\n> \n> constituent documents, in relation to the University, means the memorandum and articles of association of the company referred to in the definition of Australian Catholic University.\n> \n> Senate means the Senate of the University as constituted from time to time in accordance with the constituent documents of the University.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Objects","content":"#### 4 Objects\n\n4 Objects\n\n> The objects of this Act are to provide statutory recognition of the Australian Catholic University as a university and to facilitate its operation within New South Wales.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"#### 5 Application of Act\n\n5 Application of Act\n\n> > (1) This Act applies to and in respect of the University to the full extent to which the law of New South Wales is so applicable.\n> \n> > (2) Nothing in this Act limits the application to or in respect of the University of any other law to the full extent to which that law is so applicable.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Official status as a university","content":"#### 6 Official status as a university\n\n6 Official status as a university\n\n> The University:\n> \n> > (a) is an official university for the purposes of section 4 of the [Higher Education Act 1988](/view/html/repealed/current/act-1988-012), and\n> \n> > (b) is authorised to be called a university, and\n> \n> > (c) is authorised to confer degrees.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"No religious test or political discrimination","content":"#### 7 No religious test or political discrimination\n\n7 No religious test or political discrimination\n\n> A person is not, because of his or her religious or political affiliations, views or beliefs, to be denied admission as a student of the University or to be taken to be ineligible to graduate from or to enjoy any benefit, advantage or privilege of the University.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Investment of University funds","content":"#### 8 Investment of University funds\n\n8 Investment of University funds\n\n> Schedule 1 has effect in relation to the investment of funds belonging to or vested in the University.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Rule of law as to remoteness of vesting not to apply to gifts etc","content":"#### 9 Rule of law as to remoteness of vesting not to apply to gifts etc\n\n9 Rule of law as to remoteness of vesting not to apply to gifts etc\n\n> The rule of law against remoteness of vesting does not apply to or in respect of any gift, bequest or devise accepted by the University.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Independence of the University","content":"#### 10 Independence of the University\n\n10 Independence of the University\n\n> It is declared that, subject to this Act, the Senate alone is responsible for and has authority over the provision of education within the University and is not subject, in that respect, to the direction of any person.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Liability of the State","content":"#### 11 Liability of the State\n\n11 Liability of the State\n\n> Neither the State nor any authority of the State is liable to any action, liability, claim or demand arising from or in connection with the enactment or operation of this Act or anything done or omitted by or in connection with the University.","sortOrder":10},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Investment of University funds","content":"# Schedule 1 Investment of University funds\n\nSchedule 1 Investment of University funds\n\n(Section 8)","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's scope, as expressed in the text provided, is limited to granting statutory recognition to the Australian Catholic University, authorising degree-conferral, setting governance and investment mechanics, and limiting State liability. There is no text here indicating a change from that original scope; the provisions operate to implement those specific functions (see s 4, s 6, s 8, s 10, s 11, Schedule 1)."},"complexity_factors":["Short, focused statute with limited subject-matter (recognition, governance, investment rules).","Cross-reference to other statutes and external instruments (Companies (Victoria) Code definition; Higher Education Act 1988 reference) increases interpretive connections (s 3; s 6).","Trust and investment mechanics in Schedule 1 require valuation and accounting judgments (Schedule 1 cl 2(3)–(5)).","Interaction between express trust terms and University powers requires checking underlying trust instruments before exercising pooled-investment powers (Schedule 1 cl 3).","A broad exclusion of State liability concentrates legal and financial risk on the University and third parties, affecting potential litigation and insurance considerations (s 11)."],"plain_english_summary":"**What this Act does (mechanics)**\n\n- Gives the Australian Catholic University formal statutory recognition as a university, authorises it to be called a university, and authorises it to confer degrees (s 6).  \n- Fixes the Act's commencement date (1 January 1991) (s 2) and defines key terms used in the Act (Australian Catholic University, constituent documents, Senate) (s 3).  \n- States the Act's objects as providing that statutory recognition and facilitating the University's operation in New South Wales (s 4).  \n- Provides that the Act applies to the University to the fullest extent New South Wales law can apply, while not limiting the application of other laws (s 5).  \n- Confirms that the University's internal provision of education is the responsibility of its Senate and that the Senate is not subject to direction by any other person in that respect (s 10).  \n- Prohibits denying admission, graduation or benefits to a person because of their religious or political beliefs or affiliations (s 7).  \n- Excludes the common-law rule against remoteness of vesting for gifts, bequests and devises accepted by the University (s 9).  \n- Limits the State's exposure by providing that neither the State nor a State authority is liable for actions, liabilities, claims or demands arising from the enactment or operation of this Act or anything done or omitted by or in connection with the University (s 11).  \n- Makes specific provision for how the University may manage and invest its funds by reference to Schedule 1 (s 8 and Schedule 1).  \n\n**How the investment rules work (Schedule 1, summary of mechanics)**\n\n- The University may establish one or more pooled \"investment common funds\" into which it can bring various University funds, including real property and securities (Schedule 1 cl 1 and cl 2(1)).  \n- The University may move funds in and out of a common fund without being liable for breach of trust for doing so (cl 2(2)).  \n- Income of each common fund must be periodically distributed among participating funds in proportion to their participation, unless the University elects to add some income to capital or use income to create reserves against depreciation or reduced income (cl 2(3)–(4)).  \n- When an investment is brought into a common fund, the University treats the investment as held for the common fund and treats the contributing fund as having contributed an amount equal to the University's attributed value; on withdrawal, the withdrawing fund is entitled to an amount equal to the attributed value of its equity at the time of withdrawal (cl 2(5)).  \n- Inclusion of trust funds in a common fund does not change the trusts that apply to those funds; trust directions and conditions continue to prevail (cl 2(6)–(7); cl 3).  \n\n**Who decides and who pays (incentives and burdens)**\n\n- The University (acting through its Senate and in accordance with its constituent documents) makes decisions about education provision and, under Schedule 1, about establishment and management of investment common funds (s 3, s 10; Schedule 1 cl 2).  \n- The Act limits State liability for acts or omissions connected to the Act or the University (s 11). That means risks and costs arising from the University's operation, investments or legal exposure generally rest with the University and third parties, not the State (s 11).  \n- Where funds are held on trust, the University must respect express directions or conditions of those trusts when exercising investment powers or bringing funds into common funds (Schedule 1 cl 3). That creates a compliance requirement: trust terms constrain how the University may pool or invest particular funds.  \n\n**Implementation discretion and compliance burden**\n\n- The University has discretion to create pooled investment structures, to value contributions and withdrawals, and to decide whether to capitalise income or maintain reserves (Schedule 1 cl 2(3)–(5)). Those are operational judgments that affect accounting, valuation, and the allocation of income among funds.  \n- Trust terms override those discretions where express directions or conditions exist (Schedule 1 cl 3), so administrators must check trust instruments before pooling or reallocating funds.  \n- The Senate is declared the sole authority over provision of education \"subject to this Act\" (s 10), so the Act itself and other applicable laws (s 5(2)) limit absolute autonomy.  \n\n**Trade-offs, opportunity costs and risks (mechanisms, not conclusions)**\n\n- The State's statutory exclusion of liability (s 11) reduces the likelihood of public expense related to University activities but places the financial risk on the University, its insurers or other parties.  \n- Permitting pooled investment common funds and allowing the University to attribute values and capitalise income (Schedule 1 cl 2) can lower transaction costs and simplify investment management, but requires robust internal valuation, accounting and trust-administration processes (Schedule 1 cl 2(5); cl 3).  \n- Excluding the rule against remoteness of vesting for gifts and bequests (s 9) makes certain long-term or conditional gifts administratively possible that otherwise might fail; administrators must still honour the substantive terms of any trust (Schedule 1 cl 3).  \n- The Act authorises the University to operate within the scope of New South Wales law (s 5); it does not itself fund the University or set academic standards beyond authorising degree-conferral (s 6).  \n\n**Bottom line (practical effect)**\n\n- This Act gives the Australian Catholic University formal university status in New South Wales, protects certain internal governance arrangements (Senate responsibility for education), sets non-discrimination limits for admissions and graduation on religious/political grounds, governs how the University may pool and manage funds (subject to trust terms), excludes the remoteness-of-vesting rule for gifts, and shields the State from liability arising from the Act or the University's conduct.  \n"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing statutory recognition for ACU as a university, establishing its operational independence, and setting out specific powers regarding investments and non-discrimination. There is no evidence of scope creep; the Act does exactly what its objects clause says it does."},"complexity_factors":["Only 3 defined terms in the interpretation section (Australian Catholic University, constituent documents, Senate)","Straightforward declaratory structure — most sections simply state facts or grant single, clear powers","Schedule 1 contains modest conditional logic (subclauses (3) and (4) create a default rule with an exception, subclauses (5)-(7) deal with attribution of value and trust continuity)","No cross-references to other legislation except a single reference to the Higher Education Act 1988 and the Companies (Victoria) Code","Limited exceptions: only one explicit exception (subclause 4 — 'if it considers it expedient') and one subject-to clause (clause 3 of Schedule 1 regarding express trust terms)","Total length is very short — 11 sections plus a brief schedule"],"plain_english_summary":"**What this law does:**\n\nThis Act gives **official legal recognition** to the Australian Catholic University (ACU) as a proper university in New South Wales. It essentially says: \"Yes, this institution is a real university, can call itself a university, and can hand out degrees.\"\n\n**Who it affects:**\n\n- **Students and staff** of ACU — particularly those worried about discrimination based on religion or politics\n- **The University itself** — giving it powers to manage investments and operate independently\n- **Donors** — people leaving money or property to the university in their wills\n- **The NSW Government** — which explicitly washes its hands of liability for the university's actions\n\n**Key things the law covers:**\n\n- **University status**: Confirms ACU is an \"official university\" under federal law and can award degrees\n- **Non-discrimination**: Protects students from being excluded or disadvantaged based on religious or political beliefs (a significant provision given the university's Catholic identity)\n- **Investment powers**: Lets the university pool different funds together into \"investment common funds\" to manage money more efficiently, while still respecting any specific rules attached to donated money\n- **Independence**: Makes clear that the University's Senate (its governing body) runs the show educationally, without government interference\n- **Legal technicalities**: \n  - Removes an old legal rule (\"remoteness of vesting\") that could mess up gifts left to the university in wills\n  - Protects the NSW Government from being sued over anything the university does\n\n**Why it matters:**\n\nWithout this Act, ACU might not have clear authority to operate as a university in NSW or confer degrees recognised across Australia. The investment rules let the university handle endowments and donations professionally. The non-discrimination clause is particularly notable — it ensures that despite the \"Catholic\" name, the university must remain open to people of all faiths and political views."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A document that has not been modified since 1992 but is certified as current to 2026 creates an evidentiary tension: either the Act has genuinely never been amended in 36 years (plausible but noteworthy for a university governance instrument), or the metadata is unreliable and the currency claim is unverifiable. This is a metadata/administrative absurdity rather than a substantive legislative flaw.","confidence":0.55,"description":"The legislation is described as 'Current version for 14 December 1990 to date (accessed 3 April 2026 at 13:59)' yet the file is noted as 'last modified 18 November 1992'. If the file has not been modified since 1992, the claim that it is current 'to date' (2026) is either trivially true (nothing has changed) or misleading, as no verification of currency against any post-1992 amendments is possible from this document."}],"contradictions":[{"severity":"low","section_a":"Authorisation — certification under s 45C of the Interpretation Act 1987","section_b":"File last modified 18 November 1992","confidence":0.45,"description":"The document is certified as the correct and current form of the legislation as at 3 April 2026, yet the underlying file has not been modified since 18 November 1992. A certification of currency necessarily implies ongoing maintenance and verification; a static file unmodified for over 33 years cannot self-evidently satisfy the continuous accuracy standard implied by the certification provision."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained in its original form since 14 December 1990 with no amendments recorded. The scope — establishing Australian Catholic University as a legal entity — appears consistent with its original intent. No scope creep or expansion is evident."},"complexity_factors":["The legislation text provided is almost entirely navigation metadata from the NSW legislation website — the actual substantive provisions of the Act are not included in the text provided","Based on what is available, the Act appears to be a straightforward university establishment act, which is a well-understood and common legislative form in Australia","No amendments have been made since 1990, suggesting limited accumulated complexity","Single-purpose legislation with a narrow, clear objective"],"plain_english_summary":"## Australian Catholic University Act 1990 (NSW)\n\nThis is a New South Wales law passed in 1990 that formally establishes the **Australian Catholic University (ACU)** as a legal entity. By creating ACU through legislation, the Act gives the university official legal standing — meaning it can own property, enter contracts, employ staff, and operate as an institution recognised by the state.\n\n**Who does this affect?**\n- Students enrolling at ACU\n- Staff employed by ACU\n- The Catholic church bodies involved in founding and running the university\n- Anyone dealing with ACU in a legal or commercial capacity\n\n**Why does it matter?**\nWithout an Act like this, a university cannot operate as a proper legal institution in Australia. This law is the legal foundation that allows ACU to exist, function, and be accountable under NSW law. The Minister for Skills, TAFE and Tertiary Education is responsible for overseeing this legislation.\n\n**Key detail:** The Act has remained unchanged since it was first made on 14 December 1990 — there has been only one version in over 35 years, suggesting the foundational structure established at the time has never needed formal amendment."}},"importantCases":[],"_links":{"self":"/api/acts/australian-catholic-university-act-1990","history":"/api/acts/australian-catholic-university-act-1990/history","analysis":"/api/acts/australian-catholic-university-act-1990/analysis","conflicts":"/api/acts/australian-catholic-university-act-1990/conflicts","importantCases":"/api/acts/australian-catholic-university-act-1990/important-cases","documents":"/api/acts/australian-catholic-university-act-1990/documents"}}