{"id":"nsw:act-1995-052","name":"Institute of Sport Act 1995","slug":"institute-of-sport-act-1995","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"52 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105659,"registerId":"nsw-act-1995-052-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 is the [Institute of Sport Act 1995](/view/html/inforce/current/act-1995-052).","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> > Board means the Board of the Institute established under this Act.\n> > \n> > chief executive officer means the person employed in the Public Service as the chief executive officer of the Institute.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > Fund means the New South Wales Institute of Sport Fund established under this Act.\n> > \n> > Institute means the New South Wales Institute of Sport constituted by this Act.\n> > \n> > member means a member of the Board.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2003 No 46, Sch 1 \\[1\\]; 2006 No 2, Sch 4.29 \\[1\\]; 2007 No 27, Sch 2.28; 2015 No 58, Sch 3.53 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and objects of New South Wales Institute of Sport","content":"# Part 2 Constitution and objects of New South Wales Institute of Sport\n\nPart 2 Constitution and objects of New South Wales Institute of Sport","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Institute","content":"#### 4 Constitution of Institute\n\n4 Constitution of Institute\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the New South Wales Institute of Sport.\n> \n> > (2) The Institute is, for the purposes of any Act, a statutory body representing the Crown.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Objects of Institute","content":"#### 5 Objects of Institute\n\n5 Objects of Institute\n\n> The principal objects of the Institute are as follows—\n> \n> > (a) to provide resources, services and facilities to enable New South Wales sportspeople to pursue and achieve excellence in sport while also furthering their educational, vocational and personal development,\n> \n> > (b) to foster the development and co-ordination of high performance and talent development programs for New South Wales sportspeople,\n> \n> > (c) to assist the development of Australian sporting performance at international levels through co-operatively developed, and complementary, national programs.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Constitution and functions of Board","content":"# Part 3 Constitution and functions of Board\n\nPart 3 Constitution and functions of Board","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Establishment of Board","content":"#### 6 Establishment of Board\n\n6 Establishment of Board\n\n> > (1) There is to be a Board of the Institute.\n> \n> > (2) The Board is to consist of—\n> > \n> > > (a) no fewer than 5 and no more than 8 people, each with relevant expertise, appointed by the Minister, and\n> > \n> > > (b) the Chief Executive of the Office of Sport or a person employed in the Office of Sport nominated by the Chief Executive.\n> \n> > (3) Of the members appointed by the Minister, one is to be appointed Chairperson of the Board and another is to be appointed Deputy Chairperson of the Board, whether in and by the relevant instrument of appointment as a member or in and by some other instrument executed by the Minister.\n> \n> > (4) Schedule 1 has effect with respect to the members and procedure of the Board.\n> \n> **s 6:** Am 1998 No 120, Sch 1.24 \\[1\\]; 2009 No 96, Sch 10 \\[1\\]; 2010 No 119, Sch 1.19 \\[1\\]; 2015 No 58, Sch 3.53 \\[2\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Board to determine policies and strategic plans","content":"#### 7 Board to determine policies and strategic plans\n\n7 Board to determine policies and strategic plans\n\n> The Board has the function of determining the policies and strategic plans of the Institute.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Board to report to Minister","content":"#### 8 Board to report to Minister\n\n8 Board to report to Minister\n\n> The Board must give the Minister any information about the exercise of the Board’s functions that the Minister requests.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Committees","content":"#### 9 Committees\n\n9 Committees\n\n> > (1) The Board may establish committees to give advice and assistance to the Board in connection with any particular matter or function of the Board.\n> \n> > (2) It does not matter that some or all of the members of any committee are not members of the Board.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Corporate plan","content":"#### 10 Corporate plan\n\n10 Corporate plan\n\n> > (1) The Board is required to prepare and deliver to the Minister, at least 3 months before the beginning of each financial year of the Institute, a draft corporate plan for the financial year.\n> \n> > (2) The Board—\n> > \n> > > (a) must consider any comments on the draft corporate plan that are made by the Minister within 2 months after the plan is delivered to the Minister, and\n> > \n> > > (b) must deliver the completed corporate plan to the Minister before the beginning of the financial year concerned.\n> \n> > (3) The Institute is, as far as practicable, to exercise its functions in accordance with the relevant corporate plan.\n> \n> > (4) A corporate plan must specify—\n> > \n> > > (a) the objectives of the activities of the Institute for the financial year concerned and for such future financial years as the Minister directs, and\n> > \n> > > (b) the strategies, policies and budgets for achieving those objectives, and\n> > \n> > > (c) targets and criteria for assessing the performance of the Institute.\n> \n> > (5) This section is subject to the requirements of any Act or other law, including the requirements of a direction of the Minister under this Act.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Functions of Institute","content":"# Part 4 Functions of Institute\n\nPart 4 Functions of Institute","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"General functions","content":"#### 11 General functions\n\n11 General functions\n\n> > (1) The Institute has the functions conferred or imposed on the Institute by or under this or any other Act or law.\n> \n> > (2) The Institute has the following functions in order to further its objects—\n> > \n> > > (a) to devise and implement programs for the development and recognition of persons who have the potential to excel in sport, including elite training squad programs and programs for coaches,\n> > \n> > > (b) to provide sport science, sport medicine, sports management, career, education and program support services to persons in Institute programs,\n> > \n> > > (c) to establish, manage, develop and maintain facilities, or access to facilities, for the purposes of the Institute,\n> > \n> > > (d) to enter into commercial or co-operative ventures relating to research into sport, including sports medicine and sports technology,\n> > \n> > > (e) to provide scholarships to individual New South Wales sportspeople who have the potential to excel in sport,\n> > \n> > > (f) to raise money for the purposes of the Institute by appropriate means, having regard to the proper performance of the other functions of the Institute,\n> > \n> > > (g) to enter into commercial arrangements for the training of sportspeople from another State or from a Territory or from any other country.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Conduct of sporting events","content":"#### 12 Conduct of sporting events\n\n12 Conduct of sporting events\n\n> In devising and implementing programs for the development and recognition of persons, the Institute may conduct sporting events for the purpose of providing opportunities for persons participating in those programs to compete in sport against each other.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Co-operation in sport","content":"#### 13 Co-operation in sport\n\n13 Co-operation in sport\n\n> > (1) For the purpose of fostering co-operation in sport between New South Wales and the other States and Territories, the Institute may provide access to persons from other States and Territories to the resources, services and facilities of the Institute.\n> \n> > (2) The Institute may, in performing its functions, consult and co-operate with, and enter into agreements with, appropriate authorities of the Commonwealth, the States or the Territories, or with other persons, associations and organisations, whether within or outside New South Wales.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Powers of Institute","content":"#### 14 Powers of Institute\n\n14 Powers of Institute\n\n> > (1) The Institute has the power to do all things necessary for carrying out its objects.\n> \n> > (2) Without limiting any other function conferred or imposed on it, the Institute may do any of the following—\n> > \n> > > (a) make and enter into contracts,\n> > \n> > > (b) acquire and develop any land,\n> > \n> > > (c) occupy, use and control any land or building owned or held under lease by the State and made available for the purposes of the Institute,\n> > \n> > > (d) erect buildings and structures and carry out works,\n> > \n> > > (e) appoint agents, and act as an agent for other persons.\n> \n> > (3) The Institute may do all things that are supplemental or incidental to the exercise of its functions.\n> \n> > (4) (Repealed)\n> \n> **s 14:** Am 2006 No 2, Sch 4.29 \\[2\\]; 2015 No 58, Sch 3.53 \\[3\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Delegation of functions","content":"#### 15 Delegation of functions\n\n15 Delegation of functions\n\n> > (1) The Institute may delegate to an authorised person any of the functions of the Institute, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the Institute if the delegate is authorised in writing to do so by the Institute.\n> \n> > (3) In this section, authorised person means a member of staff of the Institute or any person of a class prescribed by the regulations or approved by the Minister.","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"Management of Institute","content":"# Part 5 Management of Institute\n\nPart 5 Management of Institute","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Ministerial control of Institute","content":"#### 16 Ministerial control of Institute\n\n16 Ministerial control of Institute\n\n> The Institute is, in the exercise of its functions, subject to the control and direction of the Minister.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Chief executive officer","content":"#### 17 Chief executive officer\n\n17 Chief executive officer\n\n> > (1), (2) (Repealed)\n> \n> > (3) The chief executive officer is responsible for the day-to-day management of the Institute subject to and in accordance with the policies and other decisions of the Board and subject to any direction of the Minister.\n> \n> > (4) Any act, matter or thing done in the name of, or on behalf of, the Institute by the chief executive officer is taken to have been done by the Institute.\n> \n> **s 17:** Subst 2003 No 46, Sch 1 \\[2\\]. Am 2006 No 2, Sch 4.29 \\[3\\].","sortOrder":21},{"sectionNumber":"17A","sectionType":"section","heading":"Staff","content":"#### 17A Staff\n\n17A Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Institute to exercise its functions.\n> \n> Note—\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Institute makes use of) may be referred to as officers or employees, or members of staff, of the Institute. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Institute from employing staff.\n> \n> **s 17A:** Ins 2015 No 58, Sch 3.53 \\[4\\].","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Regulations relating to certain staff","content":"#### 18 Regulations relating to certain staff\n\n18 Regulations relating to certain staff\n\n> > (1) (Repealed)\n> \n> > (2) The regulations may make provision for or with respect to the employment of staff to which this section applies, including the conditions of employment and the discipline of any such staff.\n> \n> **s 18:** Subst 2003 No 46, Sch 1 \\[3\\]; 2006 No 2, Sch 4.29 \\[4\\]. Am 2015 No 58, Sch 3.53 \\[5\\].","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":null,"content":"#### 19\n\n19 (Repealed)","sortOrder":24},{"sectionNumber":"Part 6","sectionType":"part","heading":"Financial provisions relating to Institute","content":"# Part 6 Financial provisions relating to Institute\n\nPart 6 Financial provisions relating to Institute","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Financial powers of Institute","content":"#### 20 Financial powers of Institute\n\n20 Financial powers of Institute\n\n> The Institute may—\n> \n> > (a) obtain commercial sponsorship for the Institute and participate in marketing arrangements involving the endorsement by the Institute of products and services associated with sport, and\n> \n> > (b) arrange for the manufacture and distribution (whether by way of sale or otherwise) of any article or thing bearing a mark, symbol or writing that is associated with the Institute, and\n> \n> > (c) provide (whether by way of sale or otherwise) goods and services to persons using, or otherwise attending, facilities of the Institute, and\n> \n> > (d) charge such fees, or impose such charges, as are reasonable in respect of access to, or use of, any of the resources, facilities, programs or services of the Institute, and\n> \n> > (e) borrow money in accordance with Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> **s 20:** Am 2018 No 70, Sch 3.34 \\[1\\].","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Institute may accept gifts, devises or bequests","content":"#### 21 Institute may accept gifts, devises or bequests\n\n21 Institute may accept gifts, devises or bequests\n\n> > (1) The Institute has power to acquire by gift, devise or bequest, any property for the purposes of this Act.\n> \n> > (2) The Institute may agree to the condition to which any such gift, devise or bequest is subject.\n> \n> > (3) The rule of law relating to perpetuities does not apply to any condition to which the Institute has agreed under this section.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Establishment of New South Wales Institute of Sport Fund","content":"#### 22 Establishment of New South Wales Institute of Sport Fund\n\n22 Establishment of New South Wales Institute of Sport Fund\n\n> There is established a fund to be called the New South Wales Institute of Sport Fund.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Payments into Fund","content":"#### 23 Payments into Fund\n\n23 Payments into Fund\n\n> There is payable into the Fund—\n> \n> > (a) all money received by or on account of the Institute, and\n> \n> > (b) all interest received in respect of the investment of money belonging to the Fund, and\n> \n> > (c) all money borrowed by or advanced to the Institute, and\n> \n> > (d) all money appropriated by Parliament for the purposes of the Institute, and\n> \n> > (e) all money directed to be paid into the Fund by or under this or any other Act.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Payments from Fund","content":"#### 24 Payments from Fund\n\n24 Payments from Fund\n\n> There is payable from the Fund—\n> \n> > (a) the remuneration (including allowances) of the members of the Board, the chief executive officer or other staff of the Institute and any person acting in the office of a member of the Board, and\n> \n> > (b) all payments made on account of the Institute or otherwise required to meet expenditure incurred in relation to the functions of the Institute, and\n> \n> > (c) all other payments required by or under this or any other Act to be paid from the Fund.\n> \n> **s 24:** Am 2003 No 46, Sch 1 \\[5\\].","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Powers of investment","content":"#### 25 Powers of investment\n\n25 Powers of investment\n\n> The Institute may invest money in the Fund—\n> \n> > (a) if the Institute is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Institute is permitted to invest money under that Part, or\n> \n> > (b) if the Institute is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in accordance with and subject to the [Trustee Act 1925](/view/html/inforce/current/act-1925-014) and in any other way approved by the Minister with the concurrence of the Treasurer.\n> \n> **s 25:** Subst 2018 No 70, Sch 3.34 \\[2\\].","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Financial year of Institute","content":"#### 26 Financial year of Institute\n\n26 Financial year of Institute\n\n> > (1) The financial year of the Institute is the year commencing on 1 July.\n> \n> > (2) However, the financial year of the Institute is to be the annual reporting period (if any) for the Institute if the Treasurer has made a determination under section 2.10 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) for that period to be different from the period referred to in subsection (1).\n> \n> **s 26:** Am 2018 No 70, Sch 4.56.","sortOrder":33},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Personal liability of members of the Board and certain other persons","content":"#### 27 Personal liability of members of the Board and certain other persons\n\n27 Personal liability of members of the Board and certain other persons\n\n> A matter or thing done or omitted to be done by—\n> \n> > (a) the Institute, or\n> \n> > (b) a member of staff of the Institute, or\n> \n> > (c) the Board or a committee of the Board, or\n> \n> > (d) a member of the Board, a member of a committee of the Board or any person acting under the direction of the Board or of a committee of the Board,\n> \n> does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the member or a person so acting personally to any action, liability, claim or demand.\n> \n> **s 27:** Subst 2003 No 46, Sch 1 \\[6\\].","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Service of documents on Institute","content":"#### 28 Service of documents on Institute\n\n28 Service of documents on Institute\n\n> > (1) A document may be served on the Institute by leaving it at, or by sending it by post to—\n> > \n> > > (a) the office of the Institute, or\n> > \n> > > (b) if it has more than one office, any one of its offices.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Institute in any other manner.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Custody and use of seal","content":"#### 29 Custody and use of seal\n\n29 Custody and use of seal\n\n> The seal of the Institute must be kept by the chief executive officer and must be affixed to a document only—\n> \n> > (a) in the presence of the chief executive officer or a member of the staff of the Institute authorised in that behalf by the chief executive officer, and\n> \n> > (b) with an attestation by the signature of the chief executive officer or that member of staff of the fact of the affixing of the seal.\n> \n> **s 29:** Am 2003 No 46, Sch 1 \\[7\\].","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Recovery of money","content":"#### 30 Recovery of money\n\n30 Recovery of money\n\n> Any charge, fee or money due to the Institute may be recovered as a debt in a court of competent jurisdiction.","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Act binds Crown","content":"#### 31 Act binds Crown\n\n31 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Regulations","content":"#### 32 Regulations\n\n32 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act 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.","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":null,"content":"#### 33\n\n33, 34 (Repealed)","sortOrder":41},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of Board","content":"# Schedule 1 Provisions relating to members and procedure of Board\n\nSchedule 1 Provisions relating to members and procedure of Board\n\n(Section 6 (4))\n\n**sch 1:** Am 1998 No 120, Sch 1.24 \\[2\\]; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2009 No 96, Sch 10 \\[2\\]; 2010 No 119, Sch 1.19 \\[4\\]–\\[6\\]; 2015 No 58, Sch 3.53 \\[6\\] \\[7\\].","sortOrder":43},{"sectionNumber":"Division 1","sectionType":"division","heading":"Members","content":"## Division 1 Members\n\nDivision 1 Members","sortOrder":44},{"sectionNumber":"Division 2","sectionType":"division","heading":"Procedure","content":"## Division 2 Procedure\n\nDivision 2 Procedure","sortOrder":53},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n**sch 2:** Rep 1999 No 85, Sch 4. Ins 2010 No 119, Sch 1.19 \\[7\\].","sortOrder":60}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have maintained its original core purpose of establishing and governing the NSW Institute of Sport since 1995. The multiple amendments over the years likely reflect administrative updates, governance reforms, and alignment with broader public sector changes rather than any fundamental shift in scope. Insufficient substantive text was provided to make a more definitive assessment."},"complexity_factors":["The actual substantive provisions of the Act were not included in the provided text — only metadata, status information, and website navigation content was available for analysis, limiting the ability to assess true legal complexity","The Act has been amended multiple times across nine distinct versions since 2000, suggesting incremental complexity has been added over time","Governance legislation for statutory bodies (like an Institute of Sport) typically involves board composition rules, financial accountability frameworks, and ministerial oversight mechanisms, which can add moderate complexity","Interaction with other NSW legislation (such as the Administrative Arrangements Order and Interpretation Act 1987) adds a layer of cross-referencing complexity","Overall complexity appears low-to-moderate for a governance/establishment Act of this nature"],"plain_english_summary":"## NSW Institute of Sport Act 1995\n\n**What is this?**\nThis is a New South Wales state law that establishes the legal foundation for the NSW Institute of Sport — the government body responsible for identifying, developing, and supporting elite athletes in New South Wales.\n\n**Who does it affect?**\n- **Elite and emerging athletes** in NSW who may receive support, coaching, or training through the Institute\n- **Sporting organisations** that work with or are funded by the Institute\n- **Staff and administrators** employed by the Institute\n- **Taxpayers**, as the Institute is a government-funded body\n\n**Why does it matter?**\nThis Act gives the NSW Institute of Sport its legal existence and authority. Without this law, the Institute would have no formal power to operate, spend public money, enter contracts, or run programs. It sets the rules for how the Institute is governed and who is responsible for it (the Minister for Sport).\n\n**Key things to know:**\n- The Act has been in place since 1995 and has been updated multiple times — most recently from **1 July 2021**\n- It sits under the responsibility of the **NSW Minister for Sport**\n- The actual detailed content of the Act (its specific sections) was not fully provided in this extract — only administrative and status information was included\n\n**Bottom line:** If you're an athlete, coach, or sporting body dealing with the NSW Institute of Sport, this is the law that gives that organisation its powers and sets the rules it must follow."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and governing the NSW Institute of Sport. While amendments have modernised staffing arrangements (moving to the Government Sector Employment Act framework) and financial management (updating to the Government Sector Finance Act), these are technical updates rather than scope expansion. The core objects and functions in Parts 2 and 4 remain essentially unchanged from the 1995 intent."},"complexity_factors":["Straightforward structure with 7 Parts plus 2 Schedules, but with multiple amendment layers (noted in section headers)","8 defined terms in section 3, plus additional definitions in Schedule 1","Cross-references to external legislation: Government Sector Employment Act 2013, Government Sector Finance Act 2018, Constitution Act 1902, Trustee Act 1925","Conditional logic in investment powers (section 25) depending on whether Institute is a 'GSF agency'","Repealed and substituted sections throughout (sections 17, 18, 19, 33, 34, Schedule 2) indicating evolutionary complexity","Nested governance rules in Schedule 1 including conflict-of-interest provisions with multiple sub-clauses","Dual financial frameworks: pre-2018 borrowing under one regime, post-2018 under Government Sector Finance Act"],"plain_english_summary":"This Act creates the **New South Wales Institute of Sport** — a government body that helps elite athletes from NSW reach their full potential.\n\n**What it does:**\n- **Establishes the Institute** as a legal entity (a \"statutory body\") that can enter contracts, own property, and operate like a business\n- **Sets up a Board** of 5–8 expert members (plus a representative from the Office of Sport) to set policies and strategic direction\n- **Defines the Institute's mission**: supporting athletes with training programs, sports science, medical care, education, scholarships, and facilities — while also helping them prepare for life after sport\n- **Allows commercial activities**: the Institute can seek sponsorships, sell merchandise, charge fees for services, and even train athletes from other states or countries\n- **Creates a dedicated Fund** to manage money — combining government funding, sponsorship revenue, donations, and investment returns\n- **Protects decision-makers** from personal lawsuits when they act in good faith\n\n**Who it affects:**\n- Elite and aspiring athletes in NSW\n- Sports coaches and support staff\n- The Board members who govern the Institute\n- The Minister responsible for sport (who has ultimate control)\n\n**Why it matters:**\nThis law transforms high-performance sport in NSW from an informal arrangement into a structured, professionally managed organisation with clear accountability, sustainable funding mechanisms, and the flexibility to operate commercially while remaining under government oversight."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The text shows successive amendments and inserted provisions that changed operational scope since the Act’s original enactment. Notable changes in the source include: the explicit provision for employing public service staff (s 17A, ins 2015), updated financial and investment arrangements linked to the Government Sector Finance Act 2018 (s 25; s 20 amendments 2018), and other historical amendments to Board composition and procedures (s 6; Schedule 1). These changes shift how the Institute sources staff, authorises investments and borrowing, and interact with whole‑of‑government finance and employment frameworks, altering administrative and financial boundaries compared with earlier versions of the Act."},"complexity_factors":["Multiple institutional roles and actors: Board (appointed and ex‑officio members), Chair/Deputy, chief executive officer and public service staff (ss 6, 17, 17A; Schedule 1).","Ministerial control and appointment/removal powers create administrative discretion (s 16; s 6; Schedule 1 cl 5(2)).","Financial architecture with a dedicated Fund, multiple revenue streams, borrowing and investment powers, and cross‑references to other finance legislation (ss 22–26; s 20; s 25).","Delegation and sub‑delegation rules combined with authorised person definitions (s 15) increase lines of authority and accountability.","Statutory record‑keeping, disclosure and meeting procedures for governance (s 10; Schedule 1 cl 6, cl 9–13) impose compliance obligations.","Cross‑referenced dependence on other Acts (Government Sector Employment Act 2013; Government Sector Finance Act 2018; Trustee Act 1925) for employment, investment and finance treatment.","Indemnity and limits on personal liability for officials (s 27) affect legal risk allocation.","Regulation‑making power and references to repealed/substituted provisions mean the practical application depends on external instruments (s 32; amendment notes)."],"plain_english_summary":"What this law does, mechanically\n\n- Creates a statutory body called the New South Wales Institute of Sport (the Institute) and gives it a corporate identity (s 4).\n- Sets up a Board to run the Institute (minimum 5, maximum 8 appointed members plus an Office of Sport representative) and prescribes the Board’s membership, appointment, meeting and disclosure rules (s 6; Schedule 1).\n- Gives the Board responsibility for the Institute’s policies and strategic plans and requires an annual corporate plan to be prepared, submitted to the Minister and acted on as far as practicable (s 7, s 10).\n- Establishes the chief executive officer role as the person responsible for day-to-day management, and allows the Institute to use public service staff to carry out its functions (s 17, s 17A).\n- Confers a set of functions and powers on the Institute to run athlete development programs, provide sport science/medicine/support services, manage facilities, enter commercial arrangements, award scholarships, raise funds, run sporting events and co-operate with other authorities (s 5, s 11–14, s 12–13, s 20).\n- Establishes a dedicated Fund (New South Wales Institute of Sport Fund) into which Institute receipts, appropriations, loans and investment income are paid, and from which its payments (salaries, operating costs, other statutory payments) are made (s 22–24).\n- Gives the Institute specified investment and borrowing powers, and cross‑references the Government Sector Finance Act and Trustee Act for how investments and borrowing are to be handled (s 20, s 25, s 26).\n- Makes the Institute subject to Ministerial control and direction in the exercise of its functions (s 16), and allows regulations to be made for matters necessary to implement the Act (s 32).\n- Provides indemnities for Board members, staff and committees for acts done in good faith (s 27), and prescribes practical administrative rules (service of documents, custody of seal, recovery of debts) (ss 28–30).\n\nOfficial purpose stated in the Act\n\n- The Act sets out the Institute’s principal objects: to enable New South Wales sportspeople to pursue and achieve excellence while furthering their education and development; to foster high‑performance and talent development programs; and to assist national sporting performance through cooperative national programs (s 5).\n\nTesting the Act’s mechanisms against costs, incentives and trade‑offs\n\n- Who pays: the Institute is funded from a mix of parliamentary appropriations, money it receives (including fees, sponsorship and commercial receipts), loans and investment income (s 23). Expenditure is met from the Fund (s 24). This design concentrates decision about use of funds within the Institute and the Minister (s 16, s 10) while making the Board responsible for budgets (s 10(4)(b)).\n\n- Who decides and where discretion lies: the Minister appoints and may remove appointed Board members (s 6; Sch 1 cl 5(2)), can direct the Institute (s 16) and can comment on or direct corporate plans (s 10(2)–(5)). The Institute/Board decides policy, programs and commercial arrangements (s 7, s 11, s 14), and may delegate functions to authorised persons (s 15). Investment of Fund money may require Minister and Treasurer concurrence where the Institute is not treated as a GSF agency (s 25(b)). Regulations and Governor’s orders may further shape operational detail (s 32). Those provisions create administrative discretion at Ministerial and Board levels, constrained by statutory steps (e.g. corporate plan process) and external approvals (s 25).\n\n- Compliance burden and record‑keeping: the Board must prepare and update an annual corporate plan (s 10), maintain minutes and records (Sch 1 cl 13(4)), and record pecuniary interest disclosures in a book available for public inspection for a fee (Sch 1 cl 6(3)–(4)). Appointed members must meet eligibility and attendance requirements and are removable under statutary grounds (Sch 1 cl 3–5). These duties impose routine governance overhead on the Board and the Institute’s administration.\n\n- Incentives and market effects: the Institute is authorised to raise money by sponsorship, to sell goods and services (including manufacturing articles bearing its marks), to charge fees for use of its facilities and services, and to enter commercial training arrangements for non‑NSW or overseas athletes (s 20; s 11(d), s 11(g)). Those powers allow the Institute to compete with private providers for service delivery or sponsorship revenue, and to supply goods/services that might otherwise be provided by independent businesses. Whether and to what extent that occurs depends on managerial choices and Ministerial direction (s 16, s 7).\n\n- Trade‑offs and opportunity costs: using public funds or Crown‑provided facilities (s 14(c)) for Institute activities implies an allocation decision relative to other public uses; appropriations to the Fund (s 23(d)) reduce the pool available for other agencies. The statutory indemnity (s 27) lowers personal legal risk for officials acting in good faith but leaves institutional accountability choices to governance and ministerial oversight.\n\n- Implementation risks: the Act relies on appointed Board capacity, Ministerial oversight and availability of public service staff (s 17A). Cross‑references to other Acts (Government Sector Employment Act 2013; Government Sector Finance Act 2018; Trustee Act 1925) mean that changes in those Acts or differing interpretations may affect how the Institute hires staff, invests and borrows (s 17A; s 25).\n\nConcrete behavioural changes the Act authorises\n\n- The Institute may establish and run athlete development programs, run competitions, provide scholarship and support services, enter commercial research or training agreements, accept gifts and bequests, charge fees, sell branded goods and seek sponsorship (s 11–13, s 20–21).\n- The Board sets strategic direction; the CEO manages day‑to‑day operations; the Minister appoints Board members and can direct the Institute (s 6, s 17, s 16). Funding and payments are administered through the Institute’s Fund (ss 22–24).\n\nKey statutory references: s 4 (constitution), s 5 (objects), ss 6–13 (Board, planning, functions), ss 14–15 (powers, delegation), ss 16–17A (Minister, CEO, staff), ss 20–26 (financial powers, Fund, investment, year), ss 27–32 (indemnity, administration, regulations), Schedule 1 (Board membership, procedure)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/institute-of-sport-act-1995","history":"/api/acts/institute-of-sport-act-1995/history","analysis":"/api/acts/institute-of-sport-act-1995/analysis","conflicts":"/api/acts/institute-of-sport-act-1995/conflicts","importantCases":"/api/acts/institute-of-sport-act-1995/important-cases","documents":"/api/acts/institute-of-sport-act-1995/documents"}}