{"id":"nsw:act-1989-076","name":"Charles Sturt University Act 1989","slug":"charles-sturt-university-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"76 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106899,"registerId":"nsw-act-1989-076-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"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 [Charles Sturt University Act 1989](/view/html/inforce/current/act-1989-076).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > commercial functions of the University means the commercial functions described in section 7 (3) (a).\n> > \n> > Council means the Council of the University.\n> > \n> > general staff of the University means staff other than the academic staff of the University.\n> > \n> > major campus means a campus of the University at a location referred to in section 6 (a), (b), (c) or (d).\n> > \n> > University means the Charles Sturt University established by this Act.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) In this Act, a reference to a graduate of the University is a reference to a person who is the recipient of a degree or diploma, or of such other award or certificate as may be prescribed by the by-laws, conferred or awarded—\n> > \n> > > (a) by the University,\n> > \n> > > (b) by or on behalf of any former institution that has, pursuant to this Act or otherwise, become a network member of, or a part of, the University, or\n> > \n> > > (c) by any predecessor of any such institution.\n> \n> > (3) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> > (4) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1998 No 117, Sch 1 \\[2\\] \\[3\\]; 2001 No 101, Sch 1 \\[1\\]; 2004 No 115, Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and functions of the University","content":"# Part 2 Constitution and functions of the University\n\nPart 2 Constitution and functions of the University","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of University","content":"#### 4 Establishment of University\n\n4 Establishment of University\n\n> A University, consisting of—\n> \n> > (a) the Council,\n> \n> > (b) Convocation,\n> \n> > (c) the members of the academic staff of the University and such other members or classes of members of the staff of the University as the by-laws may prescribe, and\n> \n> > (d) the graduates and students of the University,\n> \n> is established by this Act.\n> \n> **s 4:** Am 1998 No 117, Sch 1 \\[4\\] \\[5\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Incorporation of University","content":"#### 5 Incorporation of University\n\n5 Incorporation of University\n\n> The University is a body corporate under the name of the Charles Sturt University.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"University campuses","content":"#### 6 University campuses\n\n6 University campuses\n\n> The University is to have campuses at the following locations—\n> \n> > (a) Albury,\n> \n> > (b) Bathurst,\n> \n> > (c) Dubbo,\n> \n> > (d) Wagga Wagga,\n> \n> and may have campuses at other locations.\n> \n> **s 6:** Am 1989 No 130, Sch 2. Subst 1998 No 117, Sch 1 \\[6\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Object and functions of University","content":"#### 7 Object and functions of University\n\n7 Object and functions of University\n\n> > (1) The object of the University is the promotion, within the limits of the University’s resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence.\n> \n> > (2) The University has the following principal functions for the promotion of its object—\n> > \n> > > (a) the provision of facilities for education and research of university standard, having particular regard to the needs and aspirations of the residents of western and south-western New South Wales,\n> > \n> > > (b) the encouragement of the dissemination, advancement, development and application of knowledge informed by free inquiry,\n> > \n> > > (c) the provision of courses of study or instruction across a range of fields, and the carrying out of research, to meet the needs of the community,\n> > \n> > > (d) the participation in public discourse,\n> > \n> > > (e) the conferring of degrees, including those of Bachelor, Master and Doctor, and the awarding of diplomas, certificates and other awards,\n> > \n> > > (f) the provision of teaching and learning that engage with advanced knowledge and inquiry,\n> > \n> > > (g) the development of governance, procedural rules, admission policies, financial arrangements and quality assurance processes that are underpinned by the values and goals referred to in the functions set out in this subsection, and that are sufficient to ensure the integrity of the University’s academic programs.\n> \n> > (3) The University has other functions as follows—\n> > \n> > > (a) the University may exercise commercial functions comprising the commercial exploitation or development, for the University’s benefit, of any facility, resource or property of the University or in which the University has a right or interest (including, for example, study, research, knowledge and intellectual property and the practical application of study, research, knowledge and intellectual property), whether alone or with others,\n> > \n> > > (a1) without limiting paragraph (a), the University may generate revenue for the purpose of funding the promotion of its object and the carrying out of its principal functions,\n> > \n> > > (b) the University may develop and provide cultural, sporting, professional, technical and vocational services to the community,\n> > \n> > > (c) the University has such general and ancillary functions as may be necessary or convenient for enabling or assisting the University to promote the object and interests of the University, or as may complement or be incidental to the promotion of the object and interests of the University,\n> > \n> > > (d) the University has such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (4) The functions of the University may be exercised within or outside the State, including outside Australia.\n> \n> **s 7:** Am 1998 No 117, Sch 1 \\[7\\]–\\[10\\]. Subst 2001 No 101, Sch 1 \\[2\\]. Am 2014 No 43, Sch 1.1 \\[1\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Facilities for students, staff and others","content":"#### 8 Facilities for students, staff and others\n\n8 Facilities for students, staff and others\n\n> The University may, for the purposes of or in connection with the exercise of its functions, provide such facilities for its students and staff and other members of the university community as the University considers desirable.\n> \n> **s 8:** Subst 2001 No 101, Sch 1 \\[3\\].","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Council, authorities and officers of the University","content":"# Part 3 The Council, authorities and officers of the University\n\nPart 3 The Council, authorities and officers of the University\n\n**pt 3, hdg:** Am 1998 No 117, Sch 1 \\[11\\].","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Council","content":"## Division 1 The Council\n\nDivision 1 The Council\n\n**pt 3, div 1, hdg:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":11},{"sectionNumber":"8A","sectionType":"section","heading":"Definitions","content":"#### 8A Definitions\n\n8A Definitions\n\n> In this Division—\n> \n> appointed member means a Council appointed member or a Ministerially appointed member.\n> \n> categories of members—see section 8C (3).\n> \n> constitution rules—see section 8C (4).\n> \n> Council appointed member—see section 8G.\n> \n> elected member—see section 8E.\n> \n> external person means a person other than a member of the academic or general staff of the University or an undergraduate or graduate student of the University.\n> \n> graduate member—see section 8F.\n> \n> Ministerially appointed member—see section 8H.\n> \n> official member—see section 8I.\n> \n> **s 8A:** Ins 2004 No 115, Sch 1 \\[2\\]. Subst 2012 (193), Sch 1 \\[1\\].","sortOrder":12},{"sectionNumber":"8B","sectionType":"section","heading":"Council","content":"#### 8B Council\n\n8B Council\n\n> > (1) There is to be a Council of the University.\n> \n> > (2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.\n> \n> > (3) Schedule 1 has effect in relation to the members and procedure of the Council.\n> \n> **ss 8B–8I:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":13},{"sectionNumber":"8C","sectionType":"section","heading":"Size of Council","content":"#### 8C Size of Council\n\n8C Size of Council\n\n> > (1) The Council is to consist of a minimum of 11, and a maximum of 22, members.\n> \n> > (2) The total number of members is to be determined from time to time by a resolution passed by at least two-thirds of the members of the Council (the total number of members).\n> \n> > (3) The Council is to include the following categories of members—\n> > \n> > > (a) official members,\n> > \n> > > (b) elected members,\n> > \n> > > (c) Council appointed members,\n> > \n> > > (d) Ministerially appointed members.\n> \n> > (4) Subject to subsection (6), the number of members (other than official members) in each category is to be prescribed by rules made by the Council (in this Division called the constitution rules).\n> \n> > (5) A rule for the purposes of subsection (4) may be made only by a resolution passed by at least two-thirds of the members of the Council.\n> \n> > (6) The majority of the total number of members must be external persons.\n> > \n> > Note—\n> > \n> > Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of subsection (6).\n> \n> > (7) The number of members in any one category of members must not at any time constitute a majority of the total number of members.\n> \n> > (8) The Council must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.\n> \n> **ss 8B–8I:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":14},{"sectionNumber":"8D","sectionType":"section","heading":"Qualifications and experience of members","content":"#### 8D Qualifications and experience of members\n\n8D Qualifications and experience of members\n\n> > (1) Of the members of the Council—\n> > \n> > > (a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and\n> > \n> > > (b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).\n> \n> > (2) All appointed members must have expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University.\n> \n> **ss 8B–8I:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":15},{"sectionNumber":"8E","sectionType":"section","heading":"Elected staff and student members","content":"#### 8E Elected staff and student members\n\n8E Elected staff and student members\n\n> > (1) The constitution rules are to prescribe the number of persons to comprise the following categories of members—\n> > \n> > > (a) elected (academic staff) members,\n> > \n> > > (b) elected (general staff) members,\n> > \n> > > (c) elected (student) members.\n> > \n> > Note—\n> > \n> > There may also be elected (graduate) members if the constitution rules so provide—see section 8F.\n> \n> > (2) Of the members elected under this section—\n> > \n> > > (a) at least one must be a member of the academic staff of the University elected by members of the academic staff, and\n> > \n> > > (b) at least one must be a member of the general staff of the University elected by members of the general staff, and\n> > \n> > > (c) at least one must be a student of the University who—\n> > > \n> > > > (i) is not employed on a full-time basis (or on such other basis as the by-laws may prescribe) as a member of the academic or general staff of the University, and\n> > > \n> > > > (ii) is elected by the students of the University.\n> \n> > (3) The members referred to in subsection (2) (a)–(c) are—\n> > \n> > > (a) to have such qualifications as may be prescribed by the by-laws, and\n> > \n> > > (b) to be elected in the manner prescribed by the by-laws.\n> \n> **ss 8B–8I:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":16},{"sectionNumber":"8F","sectionType":"section","heading":"Graduate members","content":"#### 8F Graduate members\n\n8F Graduate members\n\n> > (1) At least one member of the Council, or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.\n> \n> > (2) The constitution rules may provide for the persons referred to in subsection (1) to become members of the Council in any one or more (or combination) of the following ways—\n> > \n> > > (a) by election as elected (graduate) members in the manner prescribed by the by-laws,\n> > \n> > > (b) by appointment by the Council under section 8G,\n> > \n> > > (c) by appointment by the Minister under section 8H.\n> \n> > (3) A rule providing for the appointment of a member by the Minister under section 8H may be made only with the approval of the Minister.\n> \n> > (4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.\n> \n> **ss 8B–8I:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":17},{"sectionNumber":"8G","sectionType":"section","heading":"Council appointed members","content":"#### 8G Council appointed members\n\n8G Council appointed members\n\n> > (1) The Council may appoint as members of the Council such number of external persons as is prescribed by the constitution rules for the category of Council appointed members.\n> \n> > (2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.\n> \n> **ss 8B–8I:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":18},{"sectionNumber":"8H","sectionType":"section","heading":"Ministerially appointed members","content":"#### 8H Ministerially appointed members\n\n8H Ministerially appointed members\n\n> > (1) The Minister may appoint as members of the Council 2 external persons, or such greater number of external persons (not exceeding 6) as is prescribed by the constitution rules for the category of Ministerially appointed members.\n> \n> > (2) The Minister may not appoint a member of the Parliament of New South Wales, the Parliament of the Commonwealth or another State or the Legislative Assembly of a Territory as a Ministerially appointed member.\n> \n> > (3) Without limiting the discretion of the Minister under subsection (1), the Council may suggest to the Minister persons who the Council considers would be appropriate for appointment by the Minister.\n> \n> **ss 8B–8I:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":19},{"sectionNumber":"8I","sectionType":"section","heading":"Official members","content":"#### 8I Official members\n\n8I Official members\n\n> The official members of the Council are the following—\n> \n> > (a) the Chancellor,\n> \n> > (b) the Vice-Chancellor,\n> \n> > (c) the person for the time being holding the office of President of the Academic Senate (if the person is not the Vice-Chancellor) or of Deputy President of the Academic Senate (if the President is the Vice-Chancellor).\n> \n> **ss 8B–8I:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":20},{"sectionNumber":"9","sectionType":"section","heading":"Term of office","content":"#### 9 Term of office\n\n9 Term of office\n\n> > (1) Subject to this Act, a member of the Council holds office as follows—\n> > \n> > > (a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,\n> > \n> > > (b) in the case of a Ministerially appointed member or Council appointed member, for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment,\n> > \n> > > (c) in the case of an elected member other than an elected (graduate) member, for such term (not exceeding 2 years) as may be prescribed by the by-laws,\n> > \n> > > (d) in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.\n> \n> > (2) The need to maintain an appropriate balance of experienced and new members on the Council must be taken into account—\n> > \n> > > (a) by the Council, when making the by-laws required under this section, and\n> > \n> > > (b) by the Minister and the Council, when appointing members to the Council.\n> \n> > (3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Council otherwise resolves in relation to the person).\n> \n> **s 9:** Am 1989 No 130, Sch 2. Subst 1998 No 117, Sch 1 \\[12\\]. Am 2001 No 101, Sch 1 \\[4\\]. Subst 2004 No 115, Sch 1 \\[2\\]. Am 2005 No 98, Sch 2.8. Subst 2012 (193), Sch 1 \\[1\\].","sortOrder":21},{"sectionNumber":"Division 2","sectionType":"division","heading":"Other officers and bodies","content":"## Division 2 Other officers and bodies\n\nDivision 2 Other officers and bodies\n\n**pt 3, div 2, hdg:** Ins 2012 (193), Sch 1 \\[1\\].","sortOrder":22},{"sectionNumber":"10","sectionType":"section","heading":"Chancellor","content":"#### 10 Chancellor\n\n10 Chancellor\n\n> > (1) Whenever a vacancy in the office of Chancellor occurs, the Council must elect a person (whether or not a member of the Council) to be Chancellor of the University.\n> \n> > (2) The Chancellor, unless he or she sooner resigns or is removed from office as Chancellor or ceases to be a member of the Council, holds office for such period (not exceeding 4 years), and on such conditions, as may be prescribed by the by-laws.\n> \n> > (3) The Chancellor has such functions as are conferred or imposed on the Chancellor by or under this or any other Act.\n> \n> **s 10:** Am 1998 No 117, Sch 1 \\[13\\]; 2011 No 51, Sch 3.1 \\[1\\].","sortOrder":23},{"sectionNumber":"11","sectionType":"section","heading":"Deputy Chancellor","content":"#### 11 Deputy Chancellor\n\n11 Deputy Chancellor\n\n> > (1) Whenever a vacancy in the office of Deputy Chancellor occurs, the Council must elect one of its members to be Deputy Chancellor of the University.\n> \n> > (2) The Deputy Chancellor, unless he or she sooner resigns or is removed from office as Deputy Chancellor or ceases to be a member of the Council, holds office for 2 years from the date of election and on such conditions as may be prescribed by the by-laws.\n> \n> > (3) In the absence of the Chancellor, or during a vacancy in the office of Chancellor or during the inability of the Chancellor to act, the Deputy Chancellor has all the functions of the Chancellor.\n> \n> **s 11:** Am 1998 No 117, Sch 1 \\[14\\]; 2011 No 51, Sch 3.1 \\[2\\].","sortOrder":24},{"sectionNumber":"11A","sectionType":"section","heading":"Removal from office of Chancellor or Deputy Chancellor","content":"#### 11A Removal from office of Chancellor or Deputy Chancellor\n\n11A Removal from office of Chancellor or Deputy Chancellor\n\n> > (1) The Council may remove the Chancellor or Deputy Chancellor from office by a no confidence motion passed in accordance with this section if it considers it in the best interests of the University to do so.\n> \n> > (2) The removal from office may be effected only if the no confidence motion is supported by at least a two-thirds majority of the total number of members for the time being of the Council at two consecutive ordinary meetings of the Council.\n> \n> > (3) The Chancellor or Deputy Chancellor may be removed from office under this section despite section 24G (6) and without the need to establish any breach of duty.\n> \n> > (4) This section applies to the Chancellor and Deputy Chancellor holding office on the commencement of this section and all subsequent holders of those offices.\n> \n> **s 11A:** Ins 2011 No 51, Sch 3.1 \\[3\\].","sortOrder":25},{"sectionNumber":"12","sectionType":"section","heading":"Vice-Chancellor","content":"#### 12 Vice-Chancellor\n\n12 Vice-Chancellor\n\n> > (1) Whenever a vacancy in the office of Vice-Chancellor occurs, the Council must appoint a person (whether or not a member of the Council) to be Vice-Chancellor of the University.\n> \n> > (2) The Vice-Chancellor holds office for such period, and on such conditions, as the Council determines.\n> \n> > (3) The Vice-Chancellor is the principal executive officer of the University and has such functions as are conferred or imposed on the Vice-Chancellor by or under this or any other Act.\n> \n> **s 12:** Am 1998 No 117, Sch 1 \\[15\\].","sortOrder":26},{"sectionNumber":"13","sectionType":"section","heading":null,"content":"#### 13\n\n13 (Repealed)","sortOrder":27},{"sectionNumber":"14","sectionType":"section","heading":"Visitor","content":"#### 14 Visitor\n\n14 Visitor\n\n> > (1) The Governor is the Visitor of the University but has ceremonial functions only.\n> \n> > (2) Accordingly, the Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).\n> \n> **s 14:** Subst 1994 No 16, Sch 1.","sortOrder":29},{"sectionNumber":"15","sectionType":"section","heading":"Convocation","content":"#### 15 Convocation\n\n15 Convocation\n\n> > (1) Convocation shall consist of—\n> > \n> > > (a) the members and past members of the Council,\n> > \n> > > (b) the graduates of the University,\n> > \n> > > (c) the professors and full-time members of the academic staff of the University and such other members or classes of members of the staff of the University as the by-laws may prescribe, and\n> > \n> > > (d) such graduates of other Universities, or other persons, as are, in accordance with the by-laws, admitted as members of Convocation.\n> \n> > (2) The first meeting of Convocation shall be convened by the Vice-Chancellor.\n> \n> > (3) Subject to the by-laws, meetings of convocation shall be convened and the business at the meetings shall be as determined by Convocation.\n> \n> > (4) A quorum at any meeting of Convocation shall be such number of members as may be prescribed by the by-laws.\n> \n> > (5) Convocation has such functions as may be prescribed by the by-laws.\n> \n> > (6) The Council may establish a Standing Committee and such other committees of Convocation as it considers necessary.","sortOrder":30},{"sectionNumber":"16","sectionType":"section","heading":"Academic Senate","content":"#### 16 Academic Senate\n\n16 Academic Senate\n\n> > (1) There shall be an Academic Senate of the University, consisting of—\n> > \n> > > (a) the Vice-Chancellor,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) such members of the academic staff of the University, and of other universities, as the Council may appoint, and\n> > \n> > > (d) such other persons as the Council may, in accordance with the by-laws, determine.\n> \n> > (2) Subject to subsection (1), the constitution and functions of the Academic Senate shall be as prescribed by the by-laws.\n> \n> **s 16:** Am 1998 No 117, Sch 1 \\[17\\].","sortOrder":31},{"sectionNumber":"17","sectionType":"section","heading":"Advisory committees","content":"#### 17 Advisory committees\n\n17 Advisory committees\n\n> > (1) The Council is to establish an advisory committee for each major campus.\n> \n> > (2) The members of an advisory committee are to be appointed by the Council.\n> \n> > (3) An advisory committee has such functions as may be determined by the Council.\n> \n> **s 17:** Subst 1998 No 117, Sch 1 \\[18\\].","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"Functions of the Council","content":"# Part 4 Functions of the Council\n\nPart 4 Functions of the Council\n\n**pt 4, hdg:** Am 1998 No 117, Sch 1 \\[19\\].","sortOrder":33},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n18 (Repealed)","sortOrder":35},{"sectionNumber":"19","sectionType":"section","heading":"Functions of Council","content":"#### 19 Functions of Council\n\n19 Functions of Council\n\n> > (1A) The Council—\n> > \n> > > (a) acts for and on behalf of the University in the exercise of the University’s functions, and\n> > \n> > > (b) has the control and management of the affairs and concerns of the University, and\n> > \n> > > (c) may act in all matters concerning the University in such manner as appears to the Council to be best calculated to promote the object and interests of the University.\n> \n> > (1B) Without limiting the functions of the Council under subsection (1A), the Council is, in controlling and managing the affairs and concerns of the University—\n> > \n> > > (a) to monitor the performance of the Vice-Chancellor, and\n> > \n> > > (b) to oversee the University’s performance, and\n> > \n> > > (c) to oversee the academic activities of the University, and\n> > \n> > > (d) to approve the University’s mission, strategic direction, annual budget and business plan, and\n> > \n> > > (e) to oversee risk management and risk assessment across the University (including, if necessary, taking reasonable steps to obtain independent audit reports of entities in which the University has an interest but which it does not control or with which it has entered into a joint venture), and\n> > \n> > > (e1) without limiting paragraph (e), to enter into or participate in arrangements or transactions, or combinations of arrangements or transactions, to effect financial adjustments for the management of financial risks, and\n> > \n> > > (f) to approve and monitor systems of control and accountability for the University (including in relation to controlled entities within the meaning of section 19A), and\n> > \n> > > (g) to approve significant University commercial activities (within the meaning of section 24A), and\n> > \n> > > (h) to establish policies and procedural principles for the University consistent with legal requirements and community expectations, and\n> > \n> > > (i) to ensure that the University’s grievance procedures, and information concerning any rights of appeal or review conferred by or under any Act, are published in a form that is readily accessible to the public, and\n> > \n> > > (j) to regularly review its own performance (in light of its functions and obligations imposed by or under this or any other Act), and\n> > \n> > > (k) to adopt a statement of its primary responsibilities, and\n> > \n> > > (l) to make available for members of the Council a program of induction and of development relevant to their role as such a member.\n> \n> > (1) Without limiting the functions of the Council under subsection (1A), the Council may, for and on behalf of the University in the exercise of the University’s functions—\n> > \n> > > (a) provide such courses, and confer such degrees and award such diplomas and other certificates, as it thinks fit,\n> > \n> > > (b) appoint and terminate the appointment of academic and other staff of the University,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) obtain financial accommodation (including, without limitation, by the borrowing or raising of money) and do all things necessary or convenient to be done in connection with obtaining financial accommodation,\n> > \n> > > (e) invest any funds belonging to or vested in the University,\n> > \n> > > (f) promote, establish or participate in (whether by means of debt, equity, contribution of assets or by other means) partnerships, trusts, companies and other incorporated bodies, or joint ventures (whether or not incorporated),\n> > \n> > > (g) (Repealed)\n> > \n> > > (h) establish and maintain branches and colleges of the University, within the University and elsewhere,\n> > \n> > > (i) make loans and grants to students, and\n> > \n> > > (j) impose fees, charges and fines.\n> \n> > (2) The functions of the Council under this section shall be exercised subject to the by-laws.\n> \n> > (3) Schedule 2 has effect in relation to the investment of funds by the Council.\n> \n> Note—\n> \n> Division 7.3 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) regulates the provision of annual reporting information to Parliament by the Council and requires the Council to report on the University’s operations.\n> \n> **s 19:** Am 1996 No 24, Sch 1; 2001 No 101, Sch 1 \\[6\\]–\\[13\\]; 2004 No 115, Sch 1 \\[3\\]; 2014 No 43, Sch 1.1 \\[2\\]; 2017 No 22, Sch 1.4 \\[1\\] \\[2\\]; 2018 No 70, Sch 4.15\\[1\\].\n> \n> **s 19, note:** Ins 2004 No 115, Sch 1 \\[4\\].","sortOrder":37},{"sectionNumber":"19A","sectionType":"section","heading":"Controlled entities","content":"#### 19A Controlled entities\n\n19A Controlled entities\n\n> > (1) The Council must ensure that a controlled entity does not exercise any function or engage in any activity that the University is not authorised by or under this Act to exercise or engage in, except to the extent that the Council is permitted to do so by the Minister under this section.\n> \n> > (2) The Minister may, by order in writing, permit the Council to authorise a controlled entity to exercise a function or engage in an activity of the kind referred to in subsection (1). Permission may be given in respect of a specified function or activity or functions or activities of a specified class.\n> \n> > (3) The Governor may make regulations providing that subsection (1) does not apply to functions or activities of a specified class.\n> \n> > (4) Nothing in the preceding subsections confers power on a controlled entity to engage in any activity.\n> \n> > (5) Nothing in the preceding subsections affects any obligations imposed on a controlled entity by or under any Act or law, other than an obligation imposed on the controlled entity by the Council at its discretion.\n> \n> > (5A) The Council is, as far as is reasonably practicable, to ensure—\n> > \n> > > (a) that the governing bodies of controlled entities—\n> > > \n> > > > (i) possess the expertise and experience necessary to provide proper stewardship and control, and\n> > > \n> > > > (ii) comprise, where possible, at least some members who are not members of the Council or members of staff, or students, of the University, and\n> > > \n> > > > (iii) adopt and evaluate their own governance principles, and\n> > > \n> > > > (iv) document, and keep updated, a corporate or business strategy containing achievable and measurable performance targets, and\n> > \n> > > (b) that a protocol is established regarding reporting by governing bodies of controlled entities to the Council.\n> \n> > (6) In this section—\n> > \n> > controlled entity means a controlled entity (within the meaning of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)) of the University or Council.\n> \n> **s 19A:** Ins 2001 No 101, Sch 1 \\[14\\]. Am 2004 No 115, Sch 1 \\[5\\]–\\[7\\]; 2018 No 70, Sch 4.15\\[2\\].","sortOrder":38},{"sectionNumber":"20","sectionType":"section","heading":"Delegation by Council","content":"#### 20 Delegation by Council\n\n20 Delegation by Council\n\n> > (1) The Council may delegate any of its functions, other than this power of delegation, to—\n> > \n> > > (a) a member or committee of the Council, or\n> > \n> > > (b) an authority or officer of the University, or\n> > \n> > > (c) a person or body prescribed by the by-laws.\n> \n> > (2) A person or body to whom or which a function is delegated under this section must not sub-delegate the function.\n> \n> > (3) The Vice-Chancellor may sub-delegate a function if—\n> > \n> > > (a) the Council’s delegation to the Vice-Chancellor authorises the sub-delegation of the function, and\n> > \n> > > (b) the function is sub-delegated to a person or body referred to in subsection (1)(a)–(c).\n> \n> **s 20:** Am 1989 No 130, Sch 2. Subst 2024 No 66, Sch 1\\[1\\].","sortOrder":39},{"sectionNumber":"20A","sectionType":"section","heading":"Operation of certain Acts","content":"#### 20A Operation of certain Acts\n\n20A Operation of certain Acts\n\n> Nothing in this Act limits or otherwise affects the operation of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) or the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152) to or in respect of the University or the Council.\n> \n> **s 20A:** Ins 2001 No 101, Sch 1 \\[15\\]. Am 2018 No 70, Sch 4.15\\[3\\].","sortOrder":40},{"sectionNumber":"20B","sectionType":"section","heading":"Recommendations of Ombudsman or Auditor-General","content":"#### 20B Recommendations of Ombudsman or Auditor-General\n\n20B Recommendations of Ombudsman or Auditor-General\n\n> The Council must include in each annual report of the Council as part of the report of its operations a report as to any action taken by the Council during the period to which the report relates to implement any recommendation made in a report of the Ombudsman or the Auditor-General concerning the Council or the University—\n> \n> > (a) whether or not the recommendation relates to a referral by the Minister under section 24E, and\n> \n> > (b) whether or not the recommendation relates to a University commercial activity (as defined in section 24A).\n> \n> **s 20B:** Ins 2001 No 101, Sch 1 \\[15\\].","sortOrder":41},{"sectionNumber":"21","sectionType":"section","heading":"Powers of Council relating to University property","content":"#### 21 Powers of Council relating to University property\n\n21 Powers of Council relating to University property\n\n> > (1) The Council has the control and management of land and other property vested in the University.\n> \n> > (2) The Council may, for the purposes of this Act—\n> > \n> > > (a) acquire land and other property, and\n> > \n> > > (b) agree to carry out conditions of the acquisition of the land or other property, and\n> > \n> > > (c) grant easements and covenants over land vested in the University, and\n> > \n> > > (d) subject to subsections (3) and (4), dispose of or otherwise deal with the following—\n> > > \n> > > > (i) land vested in the University,\n> > > \n> > > > (ii) other property of the University.\n> \n> > (3) The Council must not sell, mortgage, charge or lease relevant land without the Minister’s approval.\n> \n> > (4) Despite subsection (3), the Council does not require the Minister’s approval to—\n> > \n> > > (a) lease relevant land if—\n> > > \n> > > > (i) the term of the lease is no more than 21 years, and\n> > > \n> > > > (ii) the Council is satisfied the leasing of the land is consistent with the object and functions of the University under section 7, or\n> > \n> > > (b) lease relevant land if—\n> > > \n> > > > (i) the term of the lease is no more than 99 years, and\n> > > \n> > > > (ii) the leasing of the land is for the purposes of utilities infrastructure or utilities services, or\n> > \n> > > (c) enter into a planning agreement under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 7.4 if the agreement does not require the University to dedicate relevant land free of cost.\n> \n> > (5) The rule of law against remoteness of vesting does not apply to a condition of the acquisition of property to which the University has agreed.\n> \n> > (6) In this section—\n> > \n> > acquire includes acquire by purchase, gift, grant, bequest or devise.\n> > \n> > other property means property other than land.\n> > \n> > relevant land means land acquired by the University from the State at nominal or less than market value.\n> \n> **s 21:** Am 1994 No 16, Sch 1; 2014 No 43, Sch 1.1 \\[3\\]–\\[5\\]; 2017 No 22, Sch 1.4 \\[3\\]; 2017 No 23, Sch 1.1. Subst 2024 No 66, Sch 1\\[2\\].","sortOrder":43},{"sectionNumber":"22","sectionType":"section","heading":"Powers of Council over certain property vested in Crown","content":"#### 22 Powers of Council over certain property vested in Crown\n\n22 Powers of Council over certain property vested in Crown\n\n> > (1) Where any property used for the conduct of the University is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the Council has the control and management of that property and is responsible for its maintenance.\n> \n> > (2) Nothing in subsection (1) enables the Council to alienate, mortgage, charge or demise any land vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise).\n> \n> > (3) Notwithstanding subsection (2), the Council may (on behalf of the Crown or a Minister of the Crown) lease land of which it has, pursuant to this section, the control and management.\n> \n> > (4) Such a lease—\n> > \n> > > (a) must not be granted for a term (including any option for the grant of a further term) exceeding 21 years except with the approval of the Minister, and\n> > \n> > > (b) must contain a condition that the lease must not be assigned and such other conditions as the Council thinks fit.\n> \n> > (5) The Council is, in the exercise of its functions under this section, subject to the control and direction of the Minister.\n> \n> **s 22:** Am 2014 No 43, Sch 1.1 \\[6\\] \\[7\\].","sortOrder":44},{"sectionNumber":"23","sectionType":"section","heading":"Acquisition of land","content":"#### 23 Acquisition of land\n\n23 Acquisition of land\n\n> > (1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) The Minister may do so only if the University—\n> > \n> > > (a) applies to the Minister for acquisition of the land, and\n> > \n> > > (b) makes provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).\n> \n> > (3) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (4) Sections 34, 35, 36 and 37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed under this section.\n> \n> **s 23:** Subst 1992 No 57, Sch 2.","sortOrder":45},{"sectionNumber":"24","sectionType":"section","heading":"Grant or transfer of certain land to University","content":"#### 24 Grant or transfer of certain land to University\n\n24 Grant or transfer of certain land to University\n\n> > (1) If land on which the University is conducted is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the land may—\n> > \n> > > (a) if it is vested in the Crown—be transferred to the University subject to such trusts, conditions, covenants, provisions, exceptions and reservations as the Minister for Natural Resources thinks fit, or\n> > \n> > > (b) if it is vested in a Minister of the Crown—be conveyed or transferred to the University for such estate, and subject to such trusts and rights of way or other easements, as the Minister in whom the land is vested thinks fit.\n> \n> > (2) A conveyance, transfer or other instrument executed for the purposes of this section—\n> > \n> > > (a) is not liable to stamp duty under the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047), and\n> > \n> > > (b) may be registered under any Act without fee.","sortOrder":46},{"sectionNumber":"Division 3","sectionType":"division","heading":"Commercial activities","content":"## Division 3 Commercial activities\n\nDivision 3 Commercial activities\n\n**pt 4, div 3:** Ins 2001 No 101, Sch 1 \\[16\\].","sortOrder":47},{"sectionNumber":"24A","sectionType":"section","heading":"Definitions","content":"#### 24A Definitions\n\n24A Definitions\n\n> In this Division—\n> \n> the Guidelines means the guidelines determined for the time being under section 24B.\n> \n> University commercial activity means—\n> \n> > (a) any activity engaged in by or on behalf of the University in the exercise of commercial functions of the University, and\n> \n> > (b) any other activity comprising the promotion of, establishment of or participation in any partnership, trust, company or other incorporated body, or joint venture, by or on behalf of the University, that is for the time being declared by the Guidelines to be a University commercial activity.\n> \n> **s 24A:** Ins 2001 No 101, Sch 1 \\[16\\]. Am 2014 No 43, Sch 1.1 \\[8\\].","sortOrder":48},{"sectionNumber":"24B","sectionType":"section","heading":"Guidelines for commercial activities","content":"#### 24B Guidelines for commercial activities\n\n24B Guidelines for commercial activities\n\n> > (1) The Council must by resolution determine, and must maintain, Guidelines requiring specified processes and procedures to be followed in connection with University commercial activities.\n> \n> > (2) The Council may by resolution amend or replace the Guidelines from time to time.\n> \n> > (3) Without limitation, the Guidelines may contain provision for or with respect to the following in connection with University commercial activities—\n> > \n> > > (a) requiring feasibility and due diligence assessment,\n> > \n> > > (b) requiring the identification of appropriate governance and administrative arrangements (including as to legal structures and audit requirements),\n> > \n> > > (c) requiring the undertaking of risk assessment and risk management measures,\n> > \n> > > (d) regulating and imposing requirements concerning the delegation by the Council of any of its functions under this Act in connection with University commercial activities,\n> > \n> > > (e) declaring a specified activity to be a University commercial activity for the purposes of paragraph (b) of the definition of that expression in section 24A,\n> > \n> > > (f) establishing a protocol regarding the rights and responsibilities of members of the Council in relation to commercialisation, with a view to avoiding real or apparent conflicts of interest.\n> \n> > (4) The Council must ensure that the Guidelines are complied with.\n> \n> > (5), (6) (Repealed)\n> \n> **s 24B:** Ins 2001 No 101, Sch 1 \\[16\\]. Am 2014 No 43, Sch 1.1 \\[9\\] \\[10\\].","sortOrder":49},{"sectionNumber":"24C","sectionType":"section","heading":"Register of commercial activities","content":"#### 24C Register of commercial activities\n\n24C Register of commercial activities\n\n> > (1) The Council is to maintain a Register of University commercial activities and is to enter and keep in the Register the following details of each of those activities—\n> > \n> > > (a) a description of the activity,\n> > \n> > > (b) details of all parties who participate in the activity,\n> > \n> > > (c) details of any appointment by or on behalf of the University to relevant boards or other governing bodies,\n> > \n> > > (d) details of any meetings at which relevant matters were considered and approved for the purposes of compliance with the Guidelines,\n> > \n> > > (e) such other details as the Guidelines may require.\n> \n> > (2) The Guidelines may make provision for the following—\n> > \n> > > (a) exempting specified activities or activities of a specified class from all or specified requirements of this section,\n> > \n> > > (b) altering the details to be included in the Register in respect of specified activities or activities of a specified class,\n> > \n> > > (c) enabling related activities to be treated as a single activity for the purposes of the Register.\n> \n> > (3) The Council must comply with any request by the Minister to provide the Minister with a copy of the Register or any extract from the Register.\n> \n> **ss 24C–24E:** Ins 2001 No 101, Sch 1 \\[16\\].","sortOrder":50},{"sectionNumber":"24D","sectionType":"section","heading":"Reports to Minister on commercial activities","content":"#### 24D Reports to Minister on commercial activities\n\n24D Reports to Minister on commercial activities\n\n> > (1) The Minister may request a report from the Council as to University commercial activities or as to any particular University commercial activity or aspect of a University commercial activity.\n> \n> > (2) The Council must provide a report to the Minister in accordance with the Minister’s request.\n> \n> **ss 24C–24E:** Ins 2001 No 101, Sch 1 \\[16\\].","sortOrder":51},{"sectionNumber":"24E","sectionType":"section","heading":"Referral of matters to Ombudsman or Auditor-General","content":"#### 24E Referral of matters to Ombudsman or Auditor-General\n\n24E Referral of matters to Ombudsman or Auditor-General\n\n> The Minister may refer a University commercial activity or any aspect of a University commercial activity (whether or not the subject of a report by the Council to the Minister)—\n> \n> > (a) to the Auditor-General for investigation and report to the Minister, or\n> \n> > (b) as a complaint to the Ombudsman that may be investigated by the Ombudsman as a complaint under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068).\n> \n> **ss 24C–24E:** Ins 2001 No 101, Sch 1 \\[16\\].","sortOrder":52},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Duties of Council members","content":"# Part 4A Duties of Council members\n\nPart 4A Duties of Council members\n\n**pt 4A (ss 24F, 24G):** Ins 2004 No 115, Sch 1 \\[8\\].","sortOrder":53},{"sectionNumber":"24F","sectionType":"section","heading":"Duties of Council members","content":"#### 24F Duties of Council members\n\n24F Duties of Council members\n\n> The members of the Council have the duties set out in Schedule 3.\n> \n> **pt 4A (ss 24F, 24G):** Ins 2004 No 115, Sch 1 \\[8\\].","sortOrder":54},{"sectionNumber":"24G","sectionType":"section","heading":"Removal from office for breach of duty","content":"#### 24G Removal from office for breach of duty\n\n24G Removal from office for breach of duty\n\n> > (1) The Council may remove a member of the Council from office for breach of a duty set out in Schedule 3.\n> \n> > (2) The removal from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed from office for breach of duty) was duly given.\n> \n> > (3) The removal from office may be effected only if the motion for removal is supported by at least a two-thirds majority of the total number of members for the time being of the Council.\n> \n> > (4) The motion for removal must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.\n> \n> > (5) If the member to whom the motion for removal refers does not attend the meeting, a reasonable opportunity to reply to the motion is taken to have been given if notice of the meeting has been duly given.\n> \n> > (6) A member of the Council may not be removed from office by the Council for breach of duty except pursuant to this section.\n> \n> **pt 4A (ss 24F, 24G):** Ins 2004 No 115, Sch 1 \\[8\\].","sortOrder":55},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"# Part 5 General\n\nPart 5 General","sortOrder":56},{"sectionNumber":"25","sectionType":"section","heading":"Advance by Treasurer","content":"#### 25 Advance by Treasurer\n\n25 Advance by Treasurer\n\n> The Treasurer may, with the approval of the Governor, advance to the Council money for the temporary accommodation of the University on such terms and conditions in relation to repayment and interest as may be agreed upon.","sortOrder":57},{"sectionNumber":"25A","sectionType":"section","heading":"Stamp duty exemption","content":"#### 25A Stamp duty exemption\n\n25A Stamp duty exemption\n\n> > (1) Unless the Treasurer otherwise directs in a particular case, neither the University nor the Council is liable to duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123), in respect of anything done by the University or Council for the purposes of the borrowing of money or the investment of funds of the University under this Act.\n> \n> > (2) The Treasurer may direct in writing that any other specified person is not liable to duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) in respect of anything done for the purposes of the borrowing of money or the investment of funds of the University under this Act, and the direction has effect accordingly.\n> \n> **s 25A:** Ins 2001 No 101, Sch 1 \\[17\\].","sortOrder":58},{"sectionNumber":"26","sectionType":"section","heading":"Financial year","content":"#### 26 Financial year\n\n26 Financial year\n\n> The financial year of the University is—\n> \n> > (a) if no period is prescribed as referred to in paragraph (b)—the year commencing on 1 January, or\n> \n> > (b) the period prescribed by the by-laws for the purposes of this section.","sortOrder":59},{"sectionNumber":"27","sectionType":"section","heading":"No religious test or political discrimination","content":"#### 27 No religious test or political discrimination\n\n27 No religious test or political discrimination\n\n> A person shall not, because of his or her religious or political affiliations, views or beliefs, be denied admission as a student of the University or be ineligible to hold office in, to graduate from or to enjoy any benefit, advantage or privilege of the University.","sortOrder":60},{"sectionNumber":"28","sectionType":"section","heading":"Exemption from membership of body corporate or Convocation","content":"#### 28 Exemption from membership of body corporate or Convocation\n\n28 Exemption from membership of body corporate or Convocation\n\n> A student or graduate of the University or a member of staff of the University is entitled to be exempted by the Council, on grounds of conscience, from membership of the body corporate of the University or of Convocation, or both.","sortOrder":61},{"sectionNumber":"29","sectionType":"section","heading":"Re-appointment or re-election","content":"#### 29 Re-appointment or re-election\n\n29 Re-appointment or re-election\n\n> Nothing in this Act prevents any person from being re-appointed or re-elected to any office under this Act if the person is eligible and otherwise qualified to hold that office.","sortOrder":62},{"sectionNumber":"30","sectionType":"section","heading":"Seal of University","content":"#### 30 Seal of University\n\n30 Seal of University\n\n> The seal of the University shall be kept in such custody as the Council may direct and shall only be affixed to a document pursuant to a resolution of the Council.\n> \n> Note—\n> \n> Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> **s 30:** Am 2013 No 47, Sch 1.6 \\[1\\].","sortOrder":63},{"sectionNumber":"31","sectionType":"section","heading":"By-laws","content":"#### 31 By-laws\n\n31 By-laws\n\n> > (1) The Council may make by-laws, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n> > \n> > > (a) the management, good government and discipline of the University,\n> > \n> > > (b) the method of election of members of the Council who are to be elected,\n> > \n> > > (c) the manner and time of convening, holding and adjourning the meetings of the Council or Academic Senate,\n> > \n> > > (d) the manner of voting (including postal voting or voting by proxy) at meetings of the Council or Academic Senate,\n> > \n> > > (e) the functions of the presiding member of the Council or Academic Senate,\n> > \n> > > (f) the conduct and record of business of the Council or Academic Senate,\n> > \n> > > (g) the appointment of committees of the Council or Academic Senate,\n> > \n> > > (h) the quorum and functions of committees of the Council or Academic Senate,\n> > \n> > > (i) the resignation of members of the Council, the Chancellor, the Deputy Chancellor or the Vice-Chancellor,\n> > \n> > > (j) the tenure of office, stipend and functions of the Vice-Chancellor,\n> > \n> > > (k) the designation of members of staff of the University as academic staff, general staff, full-time staff, part-time staff or otherwise,\n> > \n> > > (l) the number, stipend, manner of appointment and dismissal of officers and employees of the University,\n> > \n> > > (m) admission to, enrolment in and exclusion from courses of studies,\n> > \n> > > (n) the payment of such fees and charges, including fines, as the Council considers necessary, including fees and charges to be paid in respect of—\n> > > \n> > > > (i) entrance to the University,\n> > > \n> > > > (ii) tuition,\n> > > \n> > > > (iii) lectures and classes,\n> > > \n> > > > (iv) examinations,\n> > > \n> > > > (v) residence,\n> > > \n> > > > (vi) the conferring of degrees and the awarding of diplomas and other certificates,\n> > > \n> > > > (vii) the provision of amenities and services, whether or not of an academic nature, and\n> > > \n> > > > (viii) an organisation of students or of students and other persons,\n> > \n> > > (o) the exemption from, or deferment of, payment of fees and charges, including fines,\n> > \n> > > (p) without limiting the operation of paragraphs (n) and (o), the imposition and payment of penalties for parking and traffic infringements,\n> > \n> > > (q) the courses of lectures or studies for, the assessments for, and the granting of, degrees, diplomas, certificates and honours and the attendance of candidates for degrees, diplomas, certificates and honours,\n> > \n> > > (r) the assessments for, and the granting of, fellowships, scholarships, exhibitions, bursaries and prizes,\n> > \n> > > (s) the admission of students and former students of other Universities and institutions of higher education to any status within the University or the granting to graduates of such Universities or institutions, or to other persons, of degrees or diplomas without examination,\n> > \n> > > (t) the establishment and conduct of places of accommodation for students (including residential colleges and halls of residence within the University) and the affiliation of residential colleges,\n> > \n> > > (u) the affiliation with the University of any educational or research establishment,\n> > \n> > > (v) the creation of faculties, schools, departments, centres or other entities within the University,\n> > \n> > > (w) the provision of schemes of superannuation for the officers and employees of the University,\n> > \n> > > (x) the form and use of academic costume,\n> > \n> > > (y) the form and use of an emblem of the University or of any network member or other body within or associated with the University,\n> > \n> > > (z) the use of the seal of the University, and\n> > \n> > > (aa) the making, publication and inspection of rules.\n> \n> > (2) A by-law has no effect unless it has been approved by the Governor.\n> \n> **s 31:** Am 1994 No 16, Sch 1; 1998 No 117, Sch 1 \\[21\\]; 2004 No 115, Sch 1 \\[9\\].","sortOrder":64},{"sectionNumber":"32","sectionType":"section","heading":"Rules","content":"#### 32 Rules\n\n32 Rules\n\n> > (1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 8C, 8E (2) (c) (i) and (3) (a), 8F (4), 8G, 8H, 9 (1) (c) and (d), 10 (2), 15 (1), 19 (1) (d) and (e), 26 and 31 (1) (k) and clause 3 of Schedule 1 (to the extent it relates to appointments).\n> \n> > (1A) Despite subsection (1), only the Council may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 8E (3) (b), 8F (2) (a) and 31 (1) (b) and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules).\n> \n> > (1B) Election rules must be consistent with sound and democratic electoral practices, procedures and methods of voting.\n> \n> > (1C) The Council must ensure that any election rule it makes is made readily available to the public by whatever means the Council considers appropriate as soon as practicable after it is made.\n> \n> > (2) A rule—\n> > \n> > > (a) has the same force and effect as a by-law, and\n> > \n> > > (b) may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and\n> > \n> > > (c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and\n> > \n> > > (d) must indicate the authority or officer who made the rule and that it is made under this section.\n> \n> > (3) In the event of an inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.\n> \n> > (4) The fact that a provision of this Act specifically provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.\n> \n> **s 32:** Subst 1994 No 16, Sch 1. Am 2004 No 115, Sch 1 \\[10\\]; 2012 (193), Sch 1 \\[2\\] \\[3\\]; 2014 No 43, Sch 1.1 \\[11\\]–\\[14\\].","sortOrder":65},{"sectionNumber":"33","sectionType":"section","heading":"Recovery of charges, fees and other money","content":"#### 33 Recovery of charges, fees and other money\n\n33 Recovery of charges, fees and other money\n\n> Any charge, fee or money due to the University under this Act may be recovered as a debt in any court of competent jurisdiction.","sortOrder":66},{"sectionNumber":"34","sectionType":"section","heading":null,"content":"#### 34\n\n34 (Repealed)","sortOrder":67},{"sectionNumber":"35","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 35 Savings and transitional provisions\n\n35 Savings and transitional provisions\n\n> Schedule 4 has effect.","sortOrder":69},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of the Council","content":"# Schedule 1 Provisions relating to members and procedure of the Council\n\nSchedule 1 Provisions relating to members and procedure of the Council\n\n(Section 8B (3))\n\n**sch 1, hdg:** Am 1998 No 117, Sch 1 \\[23\\].\n\n**sch 1:** Am 1998 No 117, Sch 1 \\[24\\] \\[25\\]; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2001 No 101, Sch 1 \\[18\\]; 2004 No 115, Sch 1 \\[11\\] \\[12\\]; 2011 No 51, Sch 3.1 \\[4\\] \\[5\\]; 2012 (193), Sch 1 \\[4\\]–\\[6\\].","sortOrder":70},{"sectionNumber":"6A","sectionType":"section","heading":"Use of technology","content":"#### 6A Use of technology\n\n6A Use of technology\n\n> > (1) Without limiting clause 6, a meeting of the Council may be called or held using any technology consented to by all the members of the Council.\n> \n> > (2) The consent may be a standing one.\n> \n> > (3) A member may only withdraw his or her consent a reasonable period before the meeting.\n> \n> > (4) If the members are not all in attendance at one place and are holding a meeting using technology that permits each member to communicate with other members—\n> > \n> > > (a) the members are, for the purpose of every provision of this Act and by-laws concerning meetings of the Council, taken to be assembled together at a meeting and to be present at that meeting, and\n> > \n> > > (b) all proceedings of those members conducted in that manner are as valid and effective as if conducted at a meeting at which all of them were present.","sortOrder":77},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Investment","content":"# Schedule 2 Investment\n\nSchedule 2 Investment\n\n(Section 19)\n\n**sch 2:** Subst 1989 No 179, Sch 1. Am 2001 No 101, Sch 1 \\[19\\]; 2014 No 43, Sch 1.1 \\[15\\] \\[16\\].","sortOrder":82},{"sectionNumber":"2A","sectionType":"section","heading":"Funds managers","content":"#### 2A Funds managers\n\n2A Funds managers\n\n> > (1) The Council may engage a funds manager to act in relation to the management of the funds belonging to or vested in the University.\n> \n> > (2) Such a funds manager may on behalf of the Council invest funds of the University in any investment in which the funds manager is authorised to invest its own funds or other funds.","sortOrder":85},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Duties of Council members","content":"# Schedule 3 Duties of Council members\n\nSchedule 3 Duties of Council members\n\n(Section 24F)\n\n**sch 3:** Rep 1998 No 117, Sch 1 \\[26\\]. Ins 2004 No 115, Sch 1 \\[13\\]. Am 2008 No 23, Sch 3.8; 2010 No 19, Sch 3.13 \\[1\\] \\[2\\]; 2013 No 47, Sch 1.6 \\[2\\].","sortOrder":88},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 4 Savings and transitional provisions\n\nSchedule 4 Savings and transitional provisions\n\n(Section 35)\n\n**sch 4:** Am 1989 No 130, Sch 2; 1990 No 108, Sch 2; 1994 No 16, Sch 1; 1998 No 117, Sch 1 \\[27\\]–\\[29\\]; 2001 No 101, Sch 1 \\[20\\]; 2004 No 115, Sch 1 \\[14\\] \\[15\\]; 2012 (193), Sch 1 \\[7\\]; 2014 No 43, Sch 1.1 \\[17\\] \\[18\\]; 2017 No 22, Sch 1.4 \\[4\\].","sortOrder":94},{"sectionNumber":"Division 4","sectionType":"division","heading":"Transfer of staff","content":"## Division 4 Transfer of staff\n\nDivision 4 Transfer of staff","sortOrder":107},{"sectionNumber":"Division 5","sectionType":"division","heading":"Other matters consequent on the abolition of the former institutions","content":"## Division 5 Other matters consequent on the abolition of the former institutions\n\nDivision 5 Other matters consequent on the abolition of the former institutions","sortOrder":117},{"sectionNumber":"23A","sectionType":"section","heading":null,"content":"#### 23A\n\n23A, 23B (Repealed)","sortOrder":125},{"sectionNumber":"Division 6","sectionType":"division","heading":"The interim Board, officers and authorities","content":"## Division 6 The interim Board, officers and authorities\n\nDivision 6 The interim Board, officers and authorities","sortOrder":127},{"sectionNumber":"36","sectionType":"section","heading":"Saving of delegations","content":"#### 36 Saving of delegations\n\n36 Saving of delegations\n\n> Any delegation made by the Board and in force immediately before the commencement of this clause continues to have effect as if it were a delegation made by the Council, but may be revoked at any time by the Council.","sortOrder":141},{"sectionNumber":"37","sectionType":"section","heading":"By-laws","content":"#### 37 By-laws\n\n37 By-laws\n\n> The By-laws of the University—\n> \n> > (a) continue in force as if they had been made by the Council, and\n> \n> > (b) may be amended and revoked accordingly.","sortOrder":142},{"sectionNumber":"38","sectionType":"section","heading":"Chief executive officers of network members","content":"#### 38 Chief executive officers of network members\n\n38 Chief executive officers of network members\n\n> Any person who ceases to hold office as a chief executive officer of a member of the University network because of the operation of Schedule 1 \\[16\\] to the amending Act is not entitled to be paid any remuneration or compensation because of ceasing to hold the office.","sortOrder":143},{"sectionNumber":"39","sectionType":"section","heading":"Investment powers","content":"#### 39 Investment powers\n\n39 Investment powers\n\n> Until an order is made under clause 2 of Schedule 2 (as substituted by the [Universities Legislation Amendment (Financial and Other Powers) Act 2001](/view/html/repealed/current/act-2001-101)), approval is taken to have been given by order under that clause to the investment by the Council of any funds of the University in any manner that the Council was authorised to invest those funds immediately before the Council ceased to be an authority for the purposes of Part 3 (Investment) of the [Public Authorities (Financial Arrangements) Act 1987](/view/html/repealed/current/act-1987-033).","sortOrder":145},{"sectionNumber":"40","sectionType":"section","heading":"Validation","content":"#### 40 Validation\n\n40 Validation\n\n> Any act or omission occurring before the substitution of section 7 by the [Universities Legislation Amendment (Financial and Other Powers) Act 2001](/view/html/repealed/current/act-2001-101) that would have been valid had that section as so substituted been in force from the commencement of that section as originally enacted is (to the extent of any invalidity) taken to be, and always to have been, valid.","sortOrder":146},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provisions consequent on enactment of University Legislation Amendment Act 2004","content":"# Part 6 Provisions consequent on enactment of University Legislation Amendment Act 2004\n\nPart 6 Provisions consequent on enactment of [University Legislation Amendment Act 2004](/view/html/repealed/current/act-2004-115)","sortOrder":147},{"sectionNumber":"41","sectionType":"section","heading":"Definitions","content":"#### 41 Definitions\n\n41 Definitions\n\n> In this Part—\n> \n> amending Act means the [University Legislation Amendment Act 2004](/view/html/repealed/current/act-2004-115).\n> \n> former section 9 means section 9 as in force immediately before its substitution by the amending Act.\n> \n> new section 9 means section 9 as substituted by the amending Act.\n> \n> relevant day means the date of assent to the amending Act.","sortOrder":148},{"sectionNumber":"42","sectionType":"section","heading":"General","content":"#### 42 General\n\n42 General\n\n> The provisions of this Part are subject to any regulations made under clause 1.","sortOrder":149},{"sectionNumber":"43","sectionType":"section","heading":"Constitution of Council","content":"#### 43 Constitution of Council\n\n43 Constitution of Council\n\n> > (1) Subject to this Act, on the relevant day—\n> > \n> > > (a) a person holding office under former section 9 (3) ceases to hold that office, and\n> > \n> > > (b) a person holding office under former section 9 (5) (a) or (b) or (7) is taken to be appointed as a member under new section 9 (1) (b), (g) or (c), respectively, for the balance of the person’s term of office, and\n> > \n> > > (c) a person holding office under former section 9 (6) (a), (b) or (c) is taken to be elected as a member under new section 9 (1) (d), (e) or (f), respectively, for the balance of the person’s term of office.\n> \n> > (2) On, or as soon as is reasonably practicable after, the relevant day, the Minister must appoint the balance of the members required to be appointed under new section 9 (1) (b).\n> \n> > (3) The Council is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that the Council is duly constituted under new section 9 as soon as is reasonably practicable after the relevant day.\n> \n> > (4) For the purposes of making the by-laws referred to in subclause (3), the Council must be constituted so as to include all of the members required to be appointed under new section 9 (1) (b).\n> \n> > (5) The Council is taken to be properly constituted until such time as it is constituted in accordance with new section 9.\n> \n> > (6) A casual vacancy occurring in the office of a member before the Council is duly constituted under new section 9 is to be filled as follows—\n> > \n> > > (a) if the vacancy occurs in the office of a member appointed under new section 9 (1) (b), the Minister is to appoint a person whom the Minister considers appropriate,\n> > \n> > > (b) if the vacancy occurs in the office of a member appointed under new section 9 (1) (c), the Council is to appoint a person whom the Council considers appropriate,\n> > \n> > > (c) if the vacancy occurs in the office of a member elected under new section 9 (1) (d) or (e), the Council is to appoint a person qualified to hold that office,\n> > \n> > > (d) if the vacancy occurs in the office of a member elected under new section 9 (1) (f), the Council is to appoint a person qualified to hold that office following consultation with the relevant student body or bodies recognised by the Council,\n> > \n> > > (e) if the vacancy occurs in the office of a member appointed under new section 9 (1) (g), the Council is to appoint a person qualified to hold that office following consultation with the alumni association or body for the University.\n> \n> > (7) Subject to this Act, a member appointed under subclause (6) holds office from the time that person is appointed under that subclause until the expiry of the term of that member’s predecessor.\n> \n> > (8) Subject to this Act, if, on the expiry—\n> > \n> > > (a) of a member’s term of office that is continued under subclause (1) (b) or (c), or\n> > \n> > > (b) in the case of a member appointed under subclause (6), of the term of office of the member’s predecessor,\n> > \n> > the by-laws necessary to enable a person to be duly appointed or elected (as the case may be) to that office under new section 9 are not yet in force, the member may continue to hold that office until such time as a person is so duly appointed or elected.\n> \n> > (9) For the purposes of subclause (1), a member filling a casual vacancy and holding office immediately before the relevant day is taken to hold that office immediately before the relevant day under the provision under which the member’s predecessor was elected or appointed.\n> \n> > (10) A person who ceases to hold office under subclause (1) (a)—\n> > \n> > > (a) is not entitled to any remuneration or compensation because of loss of that office, and\n> > \n> > > (b) is eligible (subject to this Act and if otherwise qualified) to be appointed as a member.","sortOrder":150},{"sectionNumber":"44","sectionType":"section","heading":"Maximum incumbency for Council members","content":"#### 44 Maximum incumbency for Council members\n\n44 Maximum incumbency for Council members\n\n> > (1) Consecutive years of office served by a member of the Council immediately before the relevant day are to be taken into account in applying clause 1 (3) of Schedule 1 in respect of the member.\n> \n> > (2) However, clause 1 (3) of Schedule 1 does not affect the operation of clause 43 (1) (b) or (c) or (8) of this Schedule.","sortOrder":151},{"sectionNumber":"45","sectionType":"section","heading":"Application of section 24G","content":"#### 45 Application of section 24G\n\n45 Application of section 24G\n\n> Section 24G, as inserted by the amending Act, applies only in relation to breaches of duty constituted by acts or omissions occurring after the relevant day.","sortOrder":152},{"sectionNumber":"46","sectionType":"section","heading":"Continuation of Council","content":"#### 46 Continuation of Council\n\n46 Continuation of Council\n\n> No amendment made by the amending Act affects the continuity of the Council.","sortOrder":153},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions consequent on adoption of standard governing body provisions","content":"# Part 7 Provisions consequent on adoption of standard governing body provisions\n\nPart 7 Provisions consequent on adoption of standard governing body provisions","sortOrder":154},{"sectionNumber":"47","sectionType":"section","heading":"Adoption of standard governing body provisions under the Universities Governing Bodies Act 2011","content":"#### 47 Adoption of standard governing body provisions under the Universities Governing Bodies Act 2011\n\n47 Adoption of standard governing body provisions under the [Universities Governing Bodies Act 2011](/view/html/repealed/current/act-2011-051)\n\n> > (1) Terms used in this clause and also in the [Universities Governing Bodies Act 2011](/view/html/repealed/current/act-2011-051) have the same meanings in this clause as they have in that Act.\n> \n> > (2) In this clause—\n> > \n> > amended provision means the provisions of this Act and the by-laws amended as set out in an order made by the Minister under section 4 of the [Universities Governing Bodies Act 2011](/view/html/repealed/current/act-2011-051) and the constitution rules as prescribed in the resolution of the Council referred to in that order.\n> > \n> > existing appointed member of the Council means a member of the Council as constituted immediately before the governing body resolution took effect who was appointed by the Minister or the Council.\n> > \n> > Note—\n> > \n> > The governing body resolution took effect on 1 July 2012.\n> > \n> > governing body resolution means the governing body resolution passed by the Council on 15 December 2011.\n> \n> > (3) An existing appointed member of the Council continues in office until the expiration of the term for which the member was appointed (subject to the member’s office becoming vacant earlier for a reason other than the expiration of the member’s term of office).\n> \n> > (4) For the purposes of subclause (3)—\n> > \n> > > (a) an existing appointed member is taken to be a member of the corresponding category of membership set out in the amended provisions, and\n> > \n> > > (b) the proportion of Council and Ministerially appointed members of the Council specified under the constitution rules is, until all existing members of that category cease to hold office as referred to in subclause (3), taken to be the number of existing members in those categories at any particular time.\n> \n> > (5) A person who, immediately before the governing body resolution took effect, held office as an elected member of the Council ceases to hold office on the resolution taking effect.\n> \n> > (6) For the purpose only of enabling the Council to be duly constituted on or after the governing body resolution takes effect, elections for the categories of elected (academic staff) member, elected (general staff) member and elected (student) member of the Council may be conducted as if the amended provisions were in force.\n> \n> > (7) Subclause (6) has effect despite any requirements of the amended provisions that elections be held at a specified time.","sortOrder":155},{"sectionNumber":"Part 8","sectionType":"part","heading":"Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014","content":"# Part 8 Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014\n\nPart 8 Provisions consequent on enactment of [Universities Legislation Amendment (Regulatory Reforms) Act 2014](/view/html/inforce/current/act-2014-043)","sortOrder":156},{"sectionNumber":"48","sectionType":"section","heading":"Definition","content":"#### 48 Definition\n\n48 Definition\n\n> In this Part—\n> \n> amending Act means the [Universities Legislation Amendment (Regulatory Reforms) Act 2014](/view/html/inforce/current/act-2014-043).","sortOrder":157},{"sectionNumber":"49","sectionType":"section","heading":"Guidelines for commercial activities","content":"#### 49 Guidelines for commercial activities\n\n49 Guidelines for commercial activities\n\n> The Guidelines approved for the time being under section 24B, as in force immediately before the amendments made to that section by the amending Act, continue to have effect as if they were Guidelines determined by the Council under that section as amended.","sortOrder":158},{"sectionNumber":"50","sectionType":"section","heading":"Existing investments","content":"#### 50 Existing investments\n\n50 Existing investments\n\n> An amendment made to this Act by the amending Act does not affect the appointment of a funds manager or the validity of any investment made by or on behalf of the University before the commencement of the amendment.","sortOrder":159},{"sectionNumber":"51","sectionType":"section","heading":"Previously acquired land","content":"#### 51 Previously acquired land\n\n51 Previously acquired land\n\n> Section 21 (2)–(3), as inserted by the amending Act, extend to land acquired from the State before the insertion of those subsections.","sortOrder":160},{"sectionNumber":"Part 9","sectionType":"part","heading":"Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017","content":"# Part 9 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017\n\nPart 9 Provision consequent on enactment of [Statute Law (Miscellaneous Provisions) Act 2017](/view/html/repealed/current/act-2017-022)","sortOrder":161},{"sectionNumber":"52","sectionType":"section","heading":"Financial accommodation and risk management","content":"#### 52 Financial accommodation and risk management\n\n52 Financial accommodation and risk management\n\n> An amendment made to this Act by the [Statute Law (Miscellaneous Provisions) Act 2017](/view/html/repealed/current/act-2017-022) does not affect the validity of any financial accommodation made by or on behalf of the University, any transaction or arrangement entered into or participated in to manage a financial risk, or any disposal or other dealing with property of the University, before the commencement of the amendment.","sortOrder":162}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded and adjusted over time by amendments recorded within the text. Key scope extensions include the explicit statutory framework for University commercial activities (ss 24A–24E, inserted 2001), duties and removal processes for Council members (ss 24F–24G and Schedule 3, inserted 2004), controls and guidance on controlled entities (s 19A, inserted 2001), and the modernised Council constitution and member categories (ss 8B–8I and related amendments noted 2012 and other years). The Act also accumulated detailed investment and delegation provisions (Schedule 2; s 20 amendments noted) and transitional arrangements incorporating predecessor institutions and staff (Schedule 4). These changes broadened the University’s authorised commercial and financial activities and added governance, disclosure and Ministerial oversight mechanisms (see ss 7(3)(a),(a1); 19; 24A–24E; 19A; 24F–24G)."},"complexity_factors":["Detailed, multi‑category Council composition and appointment/election rules (ss 8A–9; Schedule 1) increasing procedural complexity","Large delegated rulemaking architecture: by‑laws (Council), rules (officers), and Governor approval for by‑laws (ss 31–32)","Layered oversight: Council duties (Schedule 3), Ministerial appointment and referral powers (ss 8H, 24D–24E), Auditor‑General and Ombudsman interactions (ss 20A, 24D–24E)","Comprehensive commercial activity regime requiring Guidelines, a Register, due diligence and reporting (ss 24A–24C), which creates ongoing compliance obligations","Property and land rules with special limits for State‑transferred land and Ministerial approvals (ss 21–24) involving cross‑agency processes","Investment and funds management rules including funds managers and investment common funds with trust protections (Schedule 2)","Extensive transitional and savings provisions for predecessor institutions and staff transfer, preserving varied entitlements and creating legacy rule interactions (Schedule 4 and related Divisions)"],"plain_english_summary":"This Act creates and runs Charles Sturt University as a corporate body and sets out how it is governed, what it may do, and how it manages people, land, money and commercial activities.\n\nWhat the Act does, mechanically\n\n- Establishes the University as a legal entity called Charles Sturt University and lists its main campuses (Albury, Bathurst, Dubbo, Wagga Wagga) while allowing other campuses (ss 5–6).  \n- States the University’s official object: to promote scholarship, research, free inquiry and academic excellence within its resources (s 7(1)). The Act then lists the principal functions that flow from that object (s 7(2)–(3)), including teaching, research, awarding degrees and the ability to carry out commercial exploitation of University resources to raise revenue (s 7(3)(a),(a1)).  \n- Constitutes a governing Council as the University’s governing authority and prescribes its composition, size limits, member categories, minimum expertise requirements and procedures for appointment and election (Div. 1, Part 3; ss 8A–9; Schedule 1).  \n- Defines key officer roles (Chancellor, Deputy Chancellor, Vice‑Chancellor) and sets election/appointment and removal procedures for those offices (ss 10–12, 11A).  \n- Gives the Council broad powers to manage the University’s affairs, including staff appointments, course provision, borrowing, investing, forming companies or joint ventures, imposing fees and establishing branches (s 19). The Council’s powers are exercised subject to by‑laws and rules made under the Act (ss 19(2), 31–32).  \n- Regulates University property: the Council controls land and property vested in the University and can acquire, grant easements and deal with property subject to limits (for example, sale/mortgage/charge of certain State‑transferred land requires Ministerial approval) (s 21). Crown‑vested property used for the University remains under ministerial control in certain respects (s 22). The Minister can acquire land for the University and arrange transfers from the Crown (ss 23–24).  \n- Creates a statutory framework for University commercial activities: the Council must adopt Guidelines; maintain a Register of commercial activities; provide reports to the Minister on commercial activities on request; and the Minister may refer commercial matters to the Auditor‑General or Ombudsman (ss 24A–24E).  \n- Imposes duties on Council members by reference to Schedule 3 (duties to act in the University’s best interests, to exercise care and diligence, to avoid misuse of position or information, and to disclose material interests) and provides a removal process for breaches of those duties (ss 24F–24G; Schedule 3).  \n- Requires governance transparency and accountability steps: the Council must publish grievance and appeal information, regularly review its performance, ensure induction and development programs for members, and include Ombudsman/Auditor‑General recommendation follow‑up in annual reports (s 19(1B)(i),(j),(k),(l); s 20B).  \n- Authorises investment arrangements, funds managers and investment common funds and sets trust protections (Schedule 2).  \n- Contains extensive transitional provisions dealing with the abolition and transfer of earlier institutions into the University (Schedule 4, Parts dealing with former institutions and staff transfers), preserving existing staff terms, superannuation entitlements and student enrolments (Schedules and Divisions under Schedule 4, e.g. Divs. 4–5).  \n\nWho decides and who pays (plain statements with section references)\n\n- The Council is the principal decision‑maker for University operations, investments and most commercial activities (s 8B(2); s 19(1A)–(1B)).  \n- The Minister appoints up to the number of Ministerially appointed members permitted by the constitution rules (not more than 6) and may remove Ministerially appointed members; the Minister also approves some disposals of land and can refer commercial activities to audit/ombudsman (ss 8H; Schedule 1 cl.2(k); ss 21(3), 24D–24E).  \n- The Treasurer may advance money to the Council on agreed terms (s 25) and the Act provides statutory stamp‑duty exemptions related to borrowing/investing unless the Treasurer directs otherwise (s 25A).  \n- The University (through the Council) bears the costs and risks of commercial activities, investments and land dealings but must follow the Guidelines, maintain registers and report to the Minister on request (ss 19; 24B–24C; 24D).  \n- Students bear fees and charges the Council may impose (by‑laws may regulate fees for tuition, examinations, residence, degrees, amenities, etc.) (s 31(1)(n)–(o)).\n\nStated purpose claims and how they interact with incentives, costs and trade‑offs\n\n- The Act explicitly says the University’s object is the promotion of scholarship, research and academic excellence (s 7(1)). It then authorises revenue‑generating commercial functions to fund that object (s 7(3)(a),(a1)). That creates an explicit mechanism: the Council may commercialise University assets or enter partnerships to raise revenue (ss 7(3)(a),(a1); 19(1)(f); 24A–24B).  \n  - Incentive: Council and officers gain the discretion to pursue revenue‑generating activities alongside academic programs.  \n  - Cost and trade‑offs: commercial activity requires due diligence, governance and reporting (24B–24C), and may impose ongoing monitoring and compliance costs on the Council and administration. The Act places procedural checks (Guidelines, Register, Ministerial reporting/referral, Schedule 3 conflict rules) but leaves substantive commercial judgment with the Council (s 19(1A)(c); s 24B(1)–(4)).  \n\n- The Act centralises operational control in the Council while requiring minimum external expertise on the Council (financial and commercial expertise minima in s 8D).  \n  - Incentive: gives the Council wide managerial latitude (s 19) and the ability to delegate (s 20), enabling entrepreneurial or operational decisions to be made inside the University.  \n  - Cost and risk: wide discretion increases importance of governance, so the Act mandates duties and disclosure rules (Schedule 3 cl.1–5) and audit/ombudsman pathways (s 20A; ss 24D–24E). Those compliance and oversight steps create administrative burdens and some constraints on fast decision making.  \n\nImplementation risks and compliance burdens (source‑grounded)\n\n- The Council must develop and maintain Guidelines for commercial activities, comply with those Guidelines, keep a Register of activities and provide the Minister with copies on request (ss 24B(1),(4); 24C(1),(3)). That requires ongoing recordkeeping, meetings and approvals and creates administrative cost.  \n- Members face statutory duties (Schedule 3). Breach‑of‑duty removal requires formal Council procedure and a two‑thirds majority (s 24G; Schedule 3). Managing conflicts of interest requires disclosures to be recorded and, usually, exclusion from deliberation and voting (Schedule 3 cl.5).  \n- Ministerial and other external controls exist: ministerial appointment and removal powers (8H; Schedule 1 cl.2(k)), Minister approval of some land dealings (s 21(3)), and external audit/ombudsman referral powers (ss 24D–24E). Those controls can affect timetable and options available to the Council when dealing with State‑vested land or high‑value commercial matters.  \n\nEffects on private choice, markets and competition (mechanisms, not verdicts)\n\n- The Act explicitly permits the University to form or participate in partnerships, trusts, companies and joint ventures and to commercialise research, intellectual property and other resources (s 7(3)(a); s 19(1)(f)). That makes the University an active economic actor able to enter markets alongside private firms.  \n- The Council can set fees and charges for tuition and services (s 19(1)(j); s 31(1)(n)), which directly affects prices faced by students and third parties purchasing University services.  \n- The Act requires governance measures (Guidelines, Register, disclosures) intended to manage conflicts between commercial and academic objectives, but it leaves substantive approval and commercial strategy primarily to the Council (ss 24B–24C; s 19). This design concentrates decision authority with the Council while establishing administrative checks and external oversight routes.\n\nConcrete trade‑offs and opportunity costs called for by the Act\n\n- The Act gives the University latitude to pursue revenue via commercialisation (s 7(3)(a),(a1)), but doing so requires investment of staff time, governance resources and compliance effort (s 24B–24C; s 20B). Those are opportunity costs against purely academic activity.  \n- Ministerial approval requirements for some land dealings (s 21(3)) and Ministerial appointment powers (s 8H) introduce external coordination needs: the University gains some autonomy but must work with government in certain high‑impact transactions.  \n\nMain implementation levers and discretionary points\n\n- Council discretion: wide (s 19(1A)–(1B)); makes the material operational and financial choices.  \n- Ministerial levers: appointment of some Council members (s 8H), approval for certain land transactions (s 21(3)), and referral of commercial activities to Auditor‑General/Ombudsman (s 24E).  \n- By‑laws and rules: the Council makes by‑laws (s 31) and may empower rules (s 32); by‑laws require Governor approval (s 31(2), but this is a procedural check).  \n\nWhy it matters (neutral framing)\n\n- The Act sets the legal structure that determines how Charles Sturt University makes strategic, financial and academic decisions, how it may operate commercially, and how it must manage conflicts, disclosure and external accountability. The statutory design assigns most operational authority to the Council while layering duties, reporting, and some Ministerial oversight to manage public and financial risk.\n\n(References are to sections and schedules of the Charles Sturt University Act 1989: see ss 5–7, 8A–9, 10–12, 19, 19A, 20–25A, 24A–24G, 31–32, Schedule 1, Schedule 2, Schedule 3, Schedule 4.)"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1989 Act established a university governed by a 'Board'. Over time, governance terminology shifted to 'Council', and the Act has been amended at least 16 times, suggesting the scope and governance framework has evolved substantially beyond the original institutional setup — likely expanding the university's powers, updating accountability mechanisms, and reflecting broader higher education sector reforms across three decades."},"complexity_factors":["Long legislative history spanning 35+ years with at least 16 distinct versions, making it difficult to track what changed when","Governance structure terminology changed mid-life (Board renamed to Council), requiring careful reading of which version applies","Institutional legislation typically cross-references multiple other Acts (e.g., Interpretation Act 1987) creating dependency on other laws","Ministerial responsibilities governed by a separate order (Administrative Arrangements Order), adding an external layer to understand oversight","The provided text is largely metadata/navigation rather than substantive legislative content, limiting full analysis — actual operative provisions could add complexity"],"plain_english_summary":"## Charles Sturt University Act 1989 (NSW)\n\n**What does this law do?**\n\nThis is the foundational NSW law that legally establishes Charles Sturt University (CSU) as an official institution. Think of it as CSU's birth certificate — without this Act, the university wouldn't exist as a legal entity recognised by the state.\n\n**Who does it affect?**\n\n- **Students** at CSU — their degrees are conferred by a legally recognised institution\n- **Staff** employed by the university\n- **The university's governing body** (called the **Council** — the board-like group that oversees how the university is run)\n- **The NSW Government**, which has oversight through the Minister for Skills, TAFE and Tertiary Education\n\n**Key things to know:**\n\n- The Act sets up CSU as a legal body, meaning it can own property, enter contracts, and be sued in court like a company can\n- It defines how the university is **governed** — the Council (formerly called the Board) is responsible for running the institution\n- The law has been **updated many times** since 1989 — at least 16 times — showing it has evolved significantly over 35+ years\n- A notable early change replaced all references to 'Board' with 'Council', reflecting a governance restructure\n- The responsible Minister can exercise oversight powers over the university\n\n**Why does it matter to you?**\n\nIf you're a CSU student, your qualifications are backed by this legislation. If you're dealing with CSU in any official capacity — as a staff member, contractor, or in a dispute — this Act determines the legal framework under which the university operates."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":814},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1989 purpose of establishing a regional university through merger. Major scope expansions include: (1) 2001 amendments adding extensive commercial activity powers, investment funds managers, and controlled entity governance; (2) 2004 amendments inserting detailed Council member duties and removal procedures; (3) 2012 restructuring of Council membership to standardised categories across NSW universities; (4) 2014 amendments adding risk management, financial accommodation, and detailed land dealing provisions. The Act now functions as much as a corporate governance and financial management framework as an educational establishment statute."},"complexity_factors":["Multiple overlapping membership categories for the Council (official, elected, Council-appointed, Minister-appointed) with detailed eligibility rules","Extensive transitional provisions in Schedule 4 covering 9 separate Parts with amendments dating back to 1989, 1994, 1998, 2001, 2004, 2011, 2014, and 2017","Cross-references to multiple external Acts including Government Sector Finance Act 2018, Ombudsman Act 1974, Land Acquisition Act 1991, and Corporations Act 2001","Conditional logic for land dealings: Ministerial approval required for sales/mortgages of 'relevant land' but with exceptions for leases under 21 years or 99-year utility leases","Nested governance structure: Council delegates to Vice-Chancellor, who may sub-delegate, but sub-delegation is otherwise prohibited","Detailed conflict-of-interest disclosure requirements in Schedule 3 with specific rules about associates including 'de facto partners' and 'friends'","Dual-layer rule-making: by-laws (requiring Governor approval) and rules (made by Council or other authorities), with complex demarcation of which body can make which rules"],"plain_english_summary":"This Act establishes **Charles Sturt University** as a public university in New South Wales, Australia.\n\n**What the University does**\nThe University's main purpose is promoting scholarship, research, and academic excellence. Its core functions include:\n- Providing university-level education and research, with particular focus on western and south-western NSW\n- Conferring degrees (Bachelor, Master, Doctor) and awarding diplomas and certificates\n- Encouraging the spread and application of knowledge\n- Participating in public discourse\n- Running commercial activities to generate revenue for the University\n\n**Who runs it**\nThe **Council** is the governing body, controlling and managing the University's affairs. It must have between 11 and 22 members made up of:\n- **Official members**: the Chancellor, Vice-Chancellor, and Academic Senate President (or Deputy President)\n- **Elected members**: staff and students chosen by their peers\n- **Council-appointed members**: external people chosen by the Council\n- **Minister-appointed members**: external people appointed by the NSW Minister (2–6 people)\n\nAt least half the Council must be \"external persons\" (people not employed by or studying at the University). At least two members need financial expertise, and at least one needs commercial expertise.\n\n**Key protections and rules**\n- No religious or political discrimination in admissions or employment\n- Council members have fiduciary duties (legal obligations to act in the University's best interests, with care and diligence, and without conflicts of interest)\n- Members can be removed for breaching these duties or through a \"no confidence\" vote\n- The University can borrow money, invest funds, acquire and sell property (though selling land originally obtained cheaply from the State needs Ministerial approval)\n- Commercial activities must follow approved Guidelines and be recorded in a public Register\n\n**History**\nThe Act originally merged three predecessor institutions: the Mitchell College of Advanced Education (Bathurst) and the Riverina-Murray Institute's campuses in Albury and Wagga Wagga."}},"importantCases":[],"_links":{"self":"/api/acts/charles-sturt-university-act-1989","history":"/api/acts/charles-sturt-university-act-1989/history","analysis":"/api/acts/charles-sturt-university-act-1989/analysis","conflicts":"/api/acts/charles-sturt-university-act-1989/conflicts","importantCases":"/api/acts/charles-sturt-university-act-1989/important-cases","documents":"/api/acts/charles-sturt-university-act-1989/documents"}}