{"id":"nsw:sl-2005-0641","name":"Macquarie University By-law 2005","slug":"macquarie-university-by-law-2005","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"641 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178720,"registerId":"nsw-nsw:sl-2005-0641-current","compilationNumber":null,"startDate":"2026-04-05","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 By-law","content":"#### 1 Name of By-law\n\n1 Name of By-law\n\n> This By-law is the [Macquarie University By-law 2005](/view/html/inforce/current/sl-2005-0641).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Application","content":"#### 2 Application\n\n2 Application\n\n> This By-law applies to and in respect of the Macquarie University as established by the [Macquarie University Act 1989](/view/html/inforce/current/act-1989-126).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) In this By-law:\n> > \n> > Academic Senate means the Academic Senate of the University.\n> > \n> > close of nominations, in relation to an election, means the date and time by which nominations must be received by the Registrar for the election (as specified in a notice under clause 4 (2) (c) of Schedule 1).\n> > \n> > close of the poll, in relation to an election, means the date and time by which completed voting forms must be received by the Registrar for the election (as specified in a notice under clause 7 (1) (ii) of Schedule 1).\n> > \n> > elected (academic staff) member of the Council means a member of the Council referred to in section 8D (1) (a) of the Act.\n> > \n> > elected (non-academic staff) member of the Council means a member of the Council referred to in section 8D (1) (b) of the Act.\n> > \n> > elected (student) member of the Council means a member of the Council referred to in section 8D (1) (c) of the Act.\n> > \n> > external person has the same meaning as in Division 1 of Part 2 of the Act.\n> > \n> > graduate member of the Council means a member of the Council referred to in section 8E of the Act.\n> > \n> > Nominations Committee means the Committee established under clause 14.\n> > \n> > Registrar means the Registrar of the University.\n> > \n> > the Act means the [Macquarie University Act 1989](/view/html/inforce/current/act-1989-126).\n> \n> > (2) In this By-law, a reference to an authority, officer or office is a reference to that authority, officer or office in and of the University.\n> \n> > (3) Where this By-law provides for empowering an authority or officer of the University to make rules then, unless the contrary intention appears, expressions used in any such rule have the same meaning as in the By-law.\n> \n> > (4) Notes in this By-law do not form part of this By-law.\n> \n> **cl 3:** Am 2012 (582), Sch 2 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Members of Council","content":"# Part 2 Members of Council\n\nPart 2 Members of Council","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Elected members of Council","content":"## Division 1 Elected members of Council\n\nDivision 1 Elected members of Council","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Procedure for election","content":"#### 4 Procedure for election\n\n4 Procedure for election\n\n> An election under this Division is to be conducted in accordance with the procedures set out in Schedule 1.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Elected (academic staff) members of Council","content":"#### 5 Elected (academic staff) members of Council\n\n5 Elected (academic staff) members of Council\n\n> The persons qualified to be elected as, and the persons entitled to vote for, the elected (academic staff) members of the Council, are those persons who are members of the academic staff of the University at the date and time for the close of nominations for the election concerned.\n> \n> **cl 5:** Am 2012 (582), Sch 2 \\[2\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Elected (non-academic staff) members of Council","content":"#### 6 Elected (non-academic staff) members of Council\n\n6 Elected (non-academic staff) members of Council\n\n> The persons qualified to be elected as, and the persons entitled to vote for, the elected (non-academic staff) members of the Council, are those persons who are members of the non-academic staff of the University at the date and time for the close of nominations for the election concerned.\n> \n> **cl 6:** Am 2012 (582), Sch 2 \\[3\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Elected (student) member member of Council","content":"#### 7 Elected (student) member member of Council\n\n7 Elected (student) member member of Council\n\n> The persons qualified to be elected as, and the persons entitled to vote for, the elected (student) member of the Council, are those persons whose names appear as full-time or part-time students on the Roll of Students at the time and date for close of nominations for the election concerned.\n> \n> **cl 7:** Am 2014 No 88, Sch 2.39 \\[1\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Roll of Students","content":"#### 8 Roll of Students\n\n8 Roll of Students\n\n> > (1) The Registrar is to keep a Roll of Students containing the names and last known addresses of the students of the University who are proceeding to a degree, diploma or certificate.\n> \n> > (2) The Roll of Students is to be kept in such manner and subject to such conditions as determined by the Registrar.\n> \n> > (3) The Roll of Students must indicate, in respect of each student, whether the student’s enrolment is undergraduate or postgraduate.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Term of office of elected members of Council","content":"#### 9 Term of office of elected members of Council\n\n9 Term of office of elected members of Council\n\n> For the purposes of section 9 (1) (c) and (d) of the Act:\n> \n> > (a) the term of office of an elected (academic staff) member is 2 years, and\n> \n> > (b) the term of office of an elected (non-academic) staff member is 2 years, and\n> \n> > (c) the term of office of an elected (student) member is 2 years.\n> \n> **cl 9:** Subst 2012 (582), Sch 2 \\[4\\].","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Casual vacancy in office of elected (academic staff) member or elected (non-academic staff) member of Council","content":"#### 10 Casual vacancy in office of elected (academic staff) member or elected (non-academic staff) member of Council\n\n10 Casual vacancy in office of elected (academic staff) member or elected (non-academic staff) member of Council\n\n> > (1) A casual vacancy in the office of an elected (academic staff) member of the Council or the elected (non-academic staff) member of the Council occurring within the first 2 years of the term of that office is to be filled by a further election in accordance with this By-law.\n> \n> > (2) If a casual vacancy in the office of an elected (academic staff) member of the Council or the elected (non-academic staff) member of the Council occurs otherwise than within the first 2 years of that term of office, the Council is to appoint the person:\n> > \n> > > (a) who was last eliminated in the last election to fill the office concerned, and\n> > \n> > > (b) who remains eligible for appointment, and\n> > \n> > > (c) who is available for appointment.\n> \n> > (3) If the conditions set out in subclause (2) cannot be met, the vacancy is to be filled by a person appointed by the Council who is qualified to hold the office concerned.\n> \n> > (4) A member of the Council appointed or elected to fill a casual vacancy under this clause holds office for the unexpired portion of his or her predecessor’s term of office.\n> \n> **cl 10:** Am 2012 (582), Sch 2 \\[5\\].","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Casual vacancy in office of elected (student) member of Council","content":"#### 11 Casual vacancy in office of elected (student) member of Council\n\n11 Casual vacancy in office of elected (student) member of Council\n\n> > (1) If a casual vacancy in the office of the elected (student) member of the Council occurs at any time before the date on which the member’s term of office would have otherwise expired, the Council is to appoint the person:\n> > \n> > > (a) who was last eliminated in the last election to fill that office, and\n> > \n> > > (b) who remains eligible for appointment, and\n> > \n> > > (c) who is available for appointment.\n> \n> > (2) If the conditions set out in subclause (1) cannot be met, the vacancy is to be filled by a person appointed by the Council who is qualified to hold the office concerned.\n> \n> > (3) A member of the Council appointed to fill a casual vacancy under this clause holds office for the unexpired portion of his or her predecessor’s term of office.\n> \n> **cl 11:** Am 2014 No 88, Sch 2.39 \\[1\\].","sortOrder":13},{"sectionNumber":"Division 2","sectionType":"division","heading":"Appointed members of Council","content":"## Division 2 Appointed members of Council\n\nDivision 2 Appointed members of Council","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12, 13 (Repealed)","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Nominations Committee","content":"#### 14 Nominations Committee\n\n14 Nominations Committee\n\n> > (1) The Council is to establish a Nominations Committee consisting of at least 5 persons as determined by the Council.\n> \n> > (2) The quorum for a meeting of the Committee is 3 members.\n> \n> > (3) The Committee may conduct its business (including the conduct of any interviews) by meeting in person or by telephone, video link or any other form of telecommunication.\n> \n> **cl 14:** Am 2011 (21), Sch 1 \\[2\\]; 2018 No 68, Sch 1.17 \\[1\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Nomination procedures relating to appointed members of Council","content":"#### 15 Nomination procedures relating to appointed members of Council\n\n15 Nomination procedures relating to appointed members of Council\n\n> > (1) At least 6 months before the term of office of a member of the Council appointed under section 8E, 8F or 8G expires, the Nominations Committee is:\n> > \n> > > (a) to identify the expertise and experience that will be needed to complement that of the other members of the Council, and\n> > \n> > > (b) to identify persons who may be suitable for appointment as such a member.\n> \n> > (2) The Committee is:\n> > \n> > > (a) to determine which of those persons are to be recommended to the Council, and\n> > \n> > > (b) to recommend the length of appointment for each such person, and\n> > \n> > > (c) to forward its recommendations to the Council.\n> \n> > (3) In determining the persons to be recommended under subclause (2) (a), the Committee is to take into consideration:\n> > \n> > > (a) whether a person has developed, or has the capacity to develop:\n> > > \n> > > > (i) a good understanding of what the external community needs from the University, and\n> > > \n> > > > (ii) strong external networks that may benefit the University, and\n> > \n> > > (b) whether a person will contribute to the effective working of the Council, and\n> > \n> > > (c) whether a person has the expertise and experience (identified under subclause (1)) needed to complement that of existing members of the Council, and\n> > \n> > > (d) the matters referred to in section 8C of the Act, and\n> > \n> > > (e) such other matters as the Committee considers appropriate.\n> \n> > (4) The Committee’s recommendations under subclause (2) are to include its assessment of the recommended persons against the matters referred to in subclause (3).\n> \n> > (5) The Council is:\n> > \n> > > (a) to consider the recommendations forwarded by the Committee, and\n> > \n> > > (b) to determine which of the recommended persons are to be:\n> > > \n> > > > (i) suggested for consideration for appointment by the Minister, or\n> > > \n> > > > (ii) appointed by the Council,\n> > > \n> > > as the case may be, and\n> > \n> > > (c) to determine:\n> > > \n> > > > (i) in the case of the persons referred to in paragraph (b) (i), the suggested length of appointment for each such person, or\n> > > \n> > > > (ii) in the case of the persons referred to in paragraph (b) (ii), the length of appointment for each such person.\n> \n> > (6) The Chancellor is to forward the determinations referred to in subclause (5) (b) (i) and (c) (i) to the Minister for consideration.\n> \n> **cl 15:** Am 2012 (582), Sch 2 \\[7\\]–\\[10\\].","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Casual vacancy in office of Ministerially appointed members","content":"#### 16 Casual vacancy in office of Ministerially appointed members\n\n16 Casual vacancy in office of Ministerially appointed members\n\n> > (1) If a casual vacancy occurs in the office of a member of the Council appointed under section 8G of the Act, the Chancellor is to forward to the Minister for consideration the name of another person suggested by the Council from the persons who were recommended to it under clause 15 (2) for the office concerned.\n> \n> > (2) If no such person is available for appointment:\n> > \n> > > (a) the Committee is to identify other persons who may be suitable for appointment as such a member, and\n> > \n> > > (b) the Chancellor is to forward to the Minister for consideration for appointment the name of one of those persons, determined in accordance with the procedures set out in clause 15 (2)–(5).\n> \n> > (3) A member of the Council appointed to fill a casual vacancy under this clause holds office for the unexpired portion of his or her predecessor’s term of office.\n> \n> **cl 16:** Am 2012 (582), Sch 2 \\[11\\] \\[12\\].","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Casual vacancy in office of Council appointed members","content":"#### 17 Casual vacancy in office of Council appointed members\n\n17 Casual vacancy in office of Council appointed members\n\n> > (1) If a casual vacancy occurs in the office of a member of Council appointed under section 8E or 8F of the Act, the Council is to appoint another person from the persons who were recommended to the Council under clause 15 (2) for the office concerned.\n> \n> > (2) If no such person is available for appointment:\n> > \n> > > (a) the Committee is to identify other persons who may be suitable for appointment as such a member, and\n> > \n> > > (b) the Council is to appoint one of those persons determined in accordance with the procedures set out in clause 15 (2)–(5).\n> \n> > (3) A member of the Council appointed to fill a casual vacancy under this clause holds office for the unexpired portion of his or her predecessor’s term of office.\n> \n> **cl 17:** Am 2012 (582), Sch 2 \\[13\\].","sortOrder":20},{"sectionNumber":"Part 3","sectionType":"part","heading":"Chancellor and Deputy Chancellor","content":"# Part 3 Chancellor and Deputy Chancellor\n\nPart 3 Chancellor and Deputy Chancellor","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Term of office of Chancellor","content":"#### 18 Term of office of Chancellor\n\n18 Term of office of Chancellor\n\n> For the purposes of section 10 (2) of the Act, the prescribed term of office for the Chancellor is 4 years.\n> \n> **cl 18:** Am 2018 No 68, Sch 1.17 \\[2\\].","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Election of Chancellor or Deputy Chancellor","content":"#### 19 Election of Chancellor or Deputy Chancellor\n\n19 Election of Chancellor or Deputy Chancellor\n\n> An election to fill a vacancy in the office of Chancellor or Deputy Chancellor is to be held at an ordinary meeting of the Council held no later than two months after the vacancy occurs.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Nomination of Chancellor or Deputy Chancellor","content":"#### 20 Nomination of Chancellor or Deputy Chancellor\n\n20 Nomination of Chancellor or Deputy Chancellor\n\n> A nomination for the office of Chancellor or Deputy Chancellor:\n> \n> > (a) must be in writing and made with the consent of the person nominated, and\n> \n> > (b) must be handed to the Registrar before the meeting at which the election is to be held, and\n> \n> > (c) must be supported by two persons who are members of the Council.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Membership of committees","content":"#### 21 Membership of committees\n\n21 Membership of committees\n\n> > (1) The Chancellor and Deputy Chancellor are, by virtue of their office, members of all committees constituted by this By-law or by the Council (other than the Standing Committee and any other committee of Convocation) and of all boards within the University.\n> \n> > (2) The Chancellor may preside at any meeting of any such committee or board at which he or she is present and is to have all the rights and duties of the chairperson of any such committee or board.\n> \n> > (3) If the Chancellor is not present, or if the office of Chancellor is vacant, the Deputy Chancellor may preside at any such meeting and is to have the like rights and duties.","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"Vice-Chancellor","content":"# Part 4 Vice-Chancellor\n\nPart 4 Vice-Chancellor","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Functions of Vice-Chancellor","content":"#### 22 Functions of Vice-Chancellor\n\n22 Functions of Vice-Chancellor\n\n> Subject to any resolution of the Council, the Vice-Chancellor is:\n> \n> > (a) to promote the interests and further the development of the University, and\n> \n> > (b) to be responsible for the academic, administrative, financial and other business of the University, and\n> \n> > (c) to exercise a general supervision over all persons in the service of the University and over the welfare and discipline of the students of the University.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Membership of committees","content":"#### 23 Membership of committees\n\n23 Membership of committees\n\n> The Vice-Chancellor is, by virtue of his or her office, a member of every committee or board within the University, and, except in the case of the Finance Committee, he or she may, if he or she so desires, preside at any meeting of any such committee or board in the absence of the Chancellor and Deputy Chancellor.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Authority","content":"#### 24 Authority\n\n24 Authority\n\n> > (1) Nothing in this Part affects the precedence or authority of the Chancellor or Deputy Chancellor.\n> \n> > (2) The Vice-Chancellor has such authority as may be necessary or convenient to give effect to the provisions of this Part.\n> \n> > (3) Without affecting the generality of the provisions of this Part, the Vice-Chancellor has power:\n> > \n> > > (a) to accept resignations from members of the staff and to communicate such acceptance to the members of the staff concerned, and\n> > \n> > > (b) to approve the grant of salary progression to any member of the staff within the salary scale applicable to such member.","sortOrder":29},{"sectionNumber":"Part 5","sectionType":"part","heading":"Convocation","content":"# Part 5 Convocation\n\nPart 5 Convocation","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Members of Convocation","content":"#### 25 Members of Convocation\n\n25 Members of Convocation\n\n> > (1) In addition to the persons on whom membership is conferred by section 14 of the Act, Convocation is to include the following:\n> > \n> > > (a) persons who have accepted an invitation by the Council to membership of Convocation,\n> > \n> > > (b) such of the full-time members of the non-academic staff of the University as the Council may from time to time determine,\n> > \n> > > (c) those persons who have been admitted to membership of Convocation pursuant to section 14 (1) (c) of the Act and who have retired from the staff of the University.\n> \n> > (2) Any person who becomes a member of Convocation pursuant to an invitation referred to in subclause (1) (a) may resign his or her membership by giving notice in writing to the Registrar.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Roll of Convocation","content":"#### 26 Roll of Convocation\n\n26 Roll of Convocation\n\n> > (1) The Registrar is to keep a Roll of Convocation containing the names and addresses of the members of Convocation.\n> \n> > (2) The Roll of Convocation is to be kept in such manner and subject to such conditions as the Registrar may determine.","sortOrder":32},{"sectionNumber":"Part 6","sectionType":"part","heading":"Academic Senate","content":"# Part 6 Academic Senate\n\nPart 6 Academic Senate","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Constitution of Academic Senate","content":"#### 27 Constitution of Academic Senate\n\n27 Constitution of Academic Senate\n\n> > (1) For the purposes of section 15 (1) (b) of the Act, the additional members of the Academic Senate are such other members as are determined by the rules made by the Council in respect of the Academic Senate.\n> \n> > (2) Any person who, immediately before the repeal and re-enactment of this clause by the [Macquarie University Amendment By-law 2010](/view/pdf/asmade/sl-2011-21), held office as a member of the Academic Senate continues to hold office as such up to and including 31 December 2010.\n> \n> **cl 27:** Subst 2011 (21), Sch 1 \\[3\\].","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Functions of Academic Senate","content":"#### 28 Functions of Academic Senate\n\n28 Functions of Academic Senate\n\n> The Academic Senate is the principal academic body in the University, and has the following functions:\n> \n> > (a) to advise the Council on matters concerning academic and related activities of the University,\n> \n> > (b) to consider, and report to the Council on, any matter referred to it by the Council,\n> \n> > (c) such other functions as may be specified from time to time in resolutions made by the Council.","sortOrder":35},{"sectionNumber":"Part 7","sectionType":"part","heading":"University membership","content":"# Part 7 University membership\n\nPart 7 University membership","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Members of the University","content":"#### 29 Members of the University\n\n29 Members of the University\n\n> For the purposes of section 4 (c) of the Act, the other members of staff of the University who are members of the University are the persons holding the positions of Deputy Vice-Chancellor, Vice-Principal, Pro Vice-Chancellor, Registrar and University Librarian and such other positions as may be specified from time to time in resolutions made by the Council.","sortOrder":37},{"sectionNumber":"Part 8","sectionType":"part","heading":"Common seal","content":"# Part 8 Common seal\n\nPart 8 Common seal","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Custody of common seal","content":"#### 30 Custody of common seal\n\n30 Custody of common seal\n\n> The common seal of the University is to be kept in the custody of the Registrar.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Use of common seal","content":"#### 31 Use of common seal\n\n31 Use of common seal\n\n> The affixing of the common seal of the University to any document is to be attested by:\n> \n> > (a) the Chancellor, the Deputy Chancellor, the Vice-Chancellor, or one of the Deputy Vice-Chancellors, and\n> \n> > (b) the Registrar.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Register of use of common seal","content":"#### 32 Register of use of common seal\n\n32 Register of use of common seal\n\n> The Registrar is to maintain a Register of the Use of the Common Seal to record the authority for the affixing of the Common Seal, the nature of the document to which the Common Seal has been affixed, the date and the signatures appearing on the document.","sortOrder":41},{"sectionNumber":"Part 9","sectionType":"part","heading":"Arms","content":"# Part 9 Arms\n\nPart 9 Arms","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Blazon","content":"#### 33 Blazon\n\n33 Blazon\n\n> The arms of the University are to be on a field vert, the Macquarie lighthouse tower, masoned proper, in chief the star Sirius, or. Motto: And gladly teche.","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Authorised use of arms","content":"#### 34 Authorised use of arms\n\n34 Authorised use of arms\n\n> The arms of the University are to be used, depicted and displayed only in such manner and in such circumstances as the Council may by resolution approve.","sortOrder":44},{"sectionNumber":"Part 10","sectionType":"part","heading":"Making of rules","content":"# Part 10 Making of rules\n\nPart 10 Making of rules","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Making of rules by Council and Vice-Chancellor","content":"#### 35 Making of rules by Council and Vice-Chancellor\n\n35 Making of rules by Council and Vice-Chancellor\n\n> > (1) The Council may make rules for or with respect to any or all of the matters for or with respect to which rules may be made under the Act or this By-law.\n> \n> > (2) The Vice-Chancellor may make rules (not inconsistent with the rules of the Council) for or with respect to any or all of the matters for or with respect to which rules may be made under the Act.\n> \n> > (3) Despite subclause (2), the Vice-Chancellor may not make rules for or with respect to any matter for or with respect to which the Council (alone) is empowered to make rules under any other clause of this By-law.\n> > \n> > Note—\n> > \n> > Section 29 (1) of the Act provides that the by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with the Act or the by-laws) for or with respect to matters for which by-laws may be made, except the matters referred to in sections 3 (2), 8D, 8E, 8F, 10 (2), 14 (1), 16 (1) (d) and (e), 23 and 28 (1) (b) and (k) of the Act and clause 3 of Schedule 1 to the Act.\n> \n> > (4) A rule made by the Council or the Vice-Chancellor must be published:\n> > \n> > > (a) on the Internet by means of the website of the University, or\n> > \n> > > (b) in another official University publication.\n> \n> > (5) Failure to comply with subclause (4) does not invalidate a rule.\n> \n> **cl 35:** Am 2011 (21), Sch 1 \\[4\\]; 2012 (582), Sch 2 \\[14\\] \\[15\\].","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Inconsistency","content":"#### 36 Inconsistency\n\n36 Inconsistency\n\n> If the Vice-Chancellor makes a rule that is inconsistent with a rule made by the Council, the rule made by the Council prevails to the extent of the inconsistency.","sortOrder":47},{"sectionNumber":"Part 11","sectionType":"part","heading":"Miscellaneous","content":"# Part 11 Miscellaneous\n\nPart 11 Miscellaneous","sortOrder":48},{"sectionNumber":"37","sectionType":"section","heading":"Repeal and savings","content":"#### 37 Repeal and savings\n\n37 Repeal and savings\n\n> > (1) The [Macquarie University By-laws](/view/pdf/asmade/sl-1992-68) are repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Macquarie University By-laws](/view/pdf/asmade/sl-1992-68), had effect under those By-laws continues to have effect under this By-law (but only to the extent that it relates to an act, matter or thing affected by this By-law and is not inconsistent with this By-law and the acts, matters or things done under this By-law).\n> \n> > (3) In particular, any rule made pursuant to a provision of the repealed By-laws is taken to have been made pursuant to the corresponding provision of this By-law.","sortOrder":49},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Procedures for election","content":"# Schedule 1 Procedures for election\n\nSchedule 1 Procedures for election\n\n(Clause 4)\n\n**sch 1:** Am 2012 (582), Sch 2 \\[16\\]; 2014 No 88, Sch 2.39 \\[2\\].","sortOrder":50}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The By-law appears to maintain its original scope as a governance instrument under the Macquarie University Act 1989. While it has been amended several times (notably in 2011, 2012, 2014, and 2018) to refine election procedures and update terminology, it has not expanded beyond its core purpose of establishing University governance structures, membership rules, and administrative procedures."},"complexity_factors":["Moderate length (37 clauses plus Schedule 1) with straightforward structure following the main Act","12 defined terms in clause 3, mostly referencing the parent Act or specific offices","Multiple cross-references to the Macquarie University Act 1989 (sections 8D, 8E, 8F, 8G, 9, 10, 14, 15, etc.)","Nested procedural requirements in Schedule 1 for elections (timing, notices, nominations, voting methods)","Conditional logic for filling casual vacancies (different rules depending on timing of vacancy and member type)","Repealed clauses (12, 13) and amendment history noted throughout, creating some fragmentation","External incorporation by reference of the Proportional Representation Manual for vote counting (Schedule 1, clause 9(7))"],"plain_english_summary":"This By-law sets out the internal governance rules for Macquarie University in Sydney. It covers how people get onto the University Council (the main governing body), how the Chancellor and Vice-Chancellor operate, and how elections are run.\n\n**Key things it does:**\n\n*   **Council elections:** It details how staff and students elect their representatives to the Council. Academic staff, non-academic staff, and students each have separate elections with specific rules about who can vote and stand as candidates.\n*   **Filling empty seats:** If an elected member leaves early, the By-law sets out a process to replace them—usually by holding a new election or appointing the next-best candidate from the previous election.\n*   **Appointed members:** It establishes a Nominations Committee to find and recommend external people (community members, graduates, etc.) to be appointed to the Council by either the University Council itself or the NSW Minister.\n*   **Top jobs:** It sets 4-year terms for the Chancellor (the ceremonial head) and explains how the Chancellor and Deputy Chancellor are elected by the Council.\n*   **Day-to-day running:** It confirms the Vice-Chancellor is the chief executive responsible for academic and administrative matters, and sits on all University committees.\n*   **Convocation:** It defines who can join Convocation (the body of graduates and staff), essentially the University's alumni association.\n*   **Academic Senate:** It confirms the Senate is the peak academic body advising the Council on teaching and research matters.\n*   **Seal and symbols:** It covers who keeps the University's common seal (official stamp) and how the University's coat of arms can be used.\n*   **Making rules:** It allows the Council and Vice-Chancellor to make sub-rules (by-laws) for running the University, provided they don't conflict with this By-law or the main Act.\n\n**Who it affects:** Staff, students, Council members, and anyone involved in University governance or elections.\n\n**Why it matters:** This is the rulebook for how Macquarie University makes decisions, who gets a say in those decisions, and how the institution is legally and ceremonially managed."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This by‑law formally repeals the earlier Macquarie University By‑laws and replaces them with the current governance and election framework. Clause 37(1) repeals the previous by‑laws and clauses 37(2)–(3) provide that acts or rules under the old by‑laws continue only to the extent they relate to matters covered by this By‑law and are not inconsistent (cl 37). The instrument therefore changes scope by consolidating governance rules (Council composition, election procedures, appointment processes, terms of office and internal rule‑making) into this by‑law and by carrying forward existing rules only where consistent with its provisions (see cl 4, cl 14–17, cl 35, cl 37)."},"complexity_factors":["Multiple cross‑referenced governance roles and distinctions between elected (academic, non‑academic, student) and appointed Council members (cl 5–7, cl 14–17).","Detailed election procedure spread across Schedule 1 with timing windows, different notice rules for staff vs students, and both electronic and paper voting options (sch 1 cl 3–4, cl 7–8).","Significant operational discretion vested in the Registrar to determine election conduct and make final incidental decisions (sch 1 cl 2(2), sch 1 cl 9(9)).","Rule‑making split between Council and Vice‑Chancellor with supremacy rule and a publication requirement that does not invalidate non‑publication (cl 35–36), creating procedural tension.","Dependence on an external published manual for vote counting procedures with limited on‑site availability (sch 1 cl 9(7)).","Casual vacancy procedures that differ by class of member and involve both appointment from prior candidates and fresh identification by the Nominations Committee (cl 10–11, cl 16–17)."],"plain_english_summary":"What this by-law does (mechanics)\n\n- Establishes detailed governance and administrative rules for Macquarie University, chiefly about the composition, election and appointment of the University Council, the roles and terms of senior officers, and internal rule‑making. (see cl 4, cl 14–17, cl 18–21, cl 22–24, cl 27–28, sch 1)\n\n- Sets who may stand for, and who may vote in, Council elections: academic staff, non‑academic staff and students are each defined as voter/candidate groups tied to the Roll of Students or staff status at the close of nominations. (cl 5–7, cl 8)\n\n- Prescribes election mechanics in Schedule 1: the Registrar is the returning officer (sch 1 cl 2); timing windows for notices, nomination and voting (sch 1 cl 3); how notices must be published for staff and student elections (sch 1 cl 4); nomination and ballot form requirements (sch 1 cl 5–7); preferential voting method and counting rules (sch 1 cl 8–9). The Registrar has final decision‑making power on incidental matters in an election. (sch 1 cl 2(2), sch 1 cl 9(9))\n\n- Fixes terms and casual‑vacancy procedures: elected members and student members normally hold 2‑year terms (cl 9); Chancellor’s term is 4 years (cl 18); casual vacancies are filled either by further election or appointment from the last eliminated candidates or from persons recommended by the Nominations Committee/Council (cl 10–11, cl 16–17). Appointees fill the unexpired portion of the predecessor’s term. (cl 10(4), cl 11(3), cl 16(3), cl 17(3))\n\n- Establishes a Nominations Committee to identify and recommend candidates for Council appointment and to assess candidates against specified criteria including external networks and complementary expertise; the Council then selects which recommended candidates it will appoint or suggest to the Minister. (cl 14–15)\n\n- Confers rule‑making power on the Council and, subordinate to that, on the Vice‑Chancellor (with publication requirements), and makes Council rules prevail if inconsistent with Vice‑Chancellor rules. (cl 35–36)\n\n- Defines custodial arrangements for the common seal and arms, and record keeping obligations for seal use and Convocation/Student rolls. (cl 30–32, cl 33–34, cl 8, cl 26)\n\n- Repeals earlier Macquarie University by‑laws and carries forward existing rules where consistent with this instrument. (cl 37)\n\nStated purposes in the text (explicit claims) and how they map to the mechanics\n\n- The text presents the Academic Senate as the University’s principal academic body and lists its functions (to advise Council, consider referrals from Council and other Council‑specified duties). This is a descriptive claim about role rather than a justification. (cl 28)\n\n- The Vice‑Chancellor is described as responsible for promoting the University’s interests and running its academic, administrative and financial business. This is stated as the Vice‑Chancellor’s function and is implemented by giving the Vice‑Chancellor supervisory and some executive powers. (cl 22, cl 24)\n\nPractical effects, incentives and costs (who pays, who decides, compliance burdens and discretion) — source citations provided\n\n- Who administers and bears administrative cost: the Registrar administers elections (sch 1 cl 2(1)) and must keep the Roll of Students and Roll of Convocation and a register for the common seal (cl 8, cl 26, cl 32). Those duties create operational workload and any costs (printing, postage, newspaper notices) borne by the University budget. Publication requirements for student election notices include twice publishing in a daily newspaper circulating within Sydney and the State (sch 1 cl 4(1)(b)(ii)), which creates a concrete cost for student elections.\n\n- Who decides and where discretion sits: the Registrar has broad operational discretion to determine election details (sch 1 cl 2(2)) and to make final determinations on incidental matters to produce a final result (sch 1 cl 9(9)). The Nominations Committee and the Council have discretionary judgment in identifying and recommending appointees, and the Chancellor forwards nominations to the Minister where required (cl 14–16). The Council and Vice‑Chancellor may make rules governing University matters (cl 35); the Council’s rules prevail over inconsistent Vice‑Chancellor rules (cl 36).\n\n- Compliance burden on individuals: candidates must be nominated by two qualified voters and give written consent (sch 1 cl 5(2)); candidates may supply a short statement (up to 150 words) for ballot materials (sch 1 cl 7(1)(b)). Voters must verify identity and entitlement to vote by signed declaration (sch 1 cl 7(1)(d)) and follow specified envelope/submission procedures for non‑electronic ballots (sch 1 cl 7(1)(e), sch 1 cl 8(3)(b)). These are procedural requirements that voters and candidates must satisfy to participate.\n\n- Transparency and record access: rules must be published on the University website or in official University publications (cl 35(4)), and the proportional representation manual used for counting is available in the Registrar’s office (sch 1 cl 9(7)). However, the by‑law also provides that failure to publish does not invalidate a rule (cl 35(5)), which means publication is required but non‑publication does not automatically void the rule.\n\n- Electoral integrity and secrecy: the by‑law requires scrutineers for candidates and prohibits disclosure of how any particular voter voted by the Registrar, deputy or scrutineer (sch 1 cl 6(2), sch 1 cl 9(4)–(5)). The use of a prescribed counting method is mandated (sch 1 cl 9(7)).\n\nEffects on private enterprise, competition, prices, productivity, ownership, contract freedom and speech (source‑grounded)\n\n- Private enterprise and markets: the by‑law governs internal university governance and electoral processes. It does not set prices, regulate general markets, or alter business licensing. Any effect on private enterprise would be indirect and internal to the University (no clauses in this instrument give regulators or private firms new powers or obligations).\n\n- Competition and productivity: the by‑law sets governance and appointment procedures that may affect internal management and decision‑making speed (for example, the role of the Nominations Committee and Council appointment steps in cl 14–16). Those governance choices can influence how quickly the University fills governance positions, which may have downstream operational effects; the instrument does not quantify such effects.\n\n- Contract freedom, ownership and speech: the by‑law does not alter private contract rights or property ownership outside the University. The by‑law does regulate internal uses of the University’s arms and seal (cl 31–34) and controls who may display them (cl 34), thereby placing internal limits on use of institutional insignia. It also constrains internal rule‑making by making Council rules prevail over Vice‑Chancellor rules (cl 36).\n\nTrade‑offs, opportunity costs and risks (implementation and incentives)\n\n- Concentration of selection influence: the Nominations Committee identifies and assesses candidates (cl 15) and the Council selects among recommended persons (cl 15(5)). The by‑law therefore concentrates substantive selection work in a committee and the Council; this centralises decision authority and can expedite or constrain diversity of choice depending on how the Committee exercises its discretion.\n\n- Administrative discretion vs uniformity: the Registrar’s powers to determine election conduct and to make final decisions on incidental matters (sch 1 cl 2(2), sch 1 cl 9(9)) give operational flexibility but also delegate substantial procedural authority to a single office. That discretion reduces the need for further rule‑making but increases reliance on the Registrar’s judgment for consistent administration.\n\n- Publication requirement with no invalidation remedy: rules must be published (cl 35(4)) but non‑publication does not invalidate a rule (cl 35(5)). The trade‑off here is between procedural transparency and legal finality: the University may have internal rules that are enforceable even if not published, which reduces the practical corrective effect of a missed publication.\n\n- Reliance on an external counting manual: the election result method is tied to a named external manual (sch 1 cl 9(7)); the manual’s availability only in the Registrar’s office may limit immediate public access to procedural detail.\n\nWho pays and who benefits (concentrated benefits/diffuse costs)\n\n- Who pays: the University budget funds administration (Registrar tasks, publication, postage, possible newspaper advertising for student elections) and staff time used by the Nominations Committee and Council for appointments (cl 4, sch 1 cl 4(1)(b)(ii), cl 14–15).\n\n- Who benefits: members of the University community gain a structured election and appointment system that determines University governance and leadership; appointed and elected members, and those whose expertise is sought by the Council/Nominations Committee, are the directly affected groups (cl 5–7, cl 14–17). The by‑law concentrates appointment recommendation power (cl 15), which produces a small group (Committee and Council) making choices that affect the larger University membership.\n\nNet effect description (concrete, not normative)\n\n- The by‑law creates a formal, rule‑based governance architecture for Council composition, senior officer terms, electoral mechanics and internal rule‑making. It assigns administrative responsibility to the Registrar with discretion to conduct elections, sets publication and record‑keeping obligations, and creates a Nominations Committee and Council procedures for appointment. The provisioned mechanisms create predictable administrative tasks and decision nodes, along with discrete costs (publication, administration) and points of discretion (Registrar, Nominations Committee, Council) that will determine how the rules play out in practice. (See especially sch 1 cl 2, cl 3, cl 4, cl 9(9), cl 14–16, cl 35.)"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available metadata, the by-law appears to have remained focused on internal Macquarie University governance throughout its amendments. The incremental amendment history (6 versions over 13 years) suggests refinements rather than fundamental scope changes. However, without the substantive text of each version, a definitive assessment of scope drift cannot be made."},"complexity_factors":["Operates within a layered legal framework — must be read alongside the Macquarie University Act 1989 and potentially other NSW education legislation","Multiple amendments over time (6 versions since 2005) mean historical version tracking is needed for past disputes or decisions","University governance instruments typically contain technical procedural rules about councils, committees, delegations, and disciplinary processes","Affects multiple distinct groups (students, staff, council members, visitors) with potentially different rights and obligations under the same instrument","Substantive content was not available in the provided text, limiting full assessment of true complexity"],"plain_english_summary":"## Macquarie University By-law 2005\n\nThis is a **by-law (a set of rules made under a broader law)** that governs the internal operations of Macquarie University in New South Wales. It sits beneath the *Macquarie University Act 1989* and sets out the detailed rules by which the university runs itself.\n\n**Who does this affect?**\n- **Students** at Macquarie University — rules about enrolment, conduct, fees, and discipline may flow from this document\n- **Staff** — governance, employment-related procedures, and roles within the university structure\n- **The University Council** — how it operates, makes decisions, and delegates authority\n- **Members of the public** on campus — conduct and access rules may apply\n\n**Why does it matter?**\nUniversity by-laws are the rulebook that underpins day-to-day university life. If you're a student facing disciplinary action, a staff member in a dispute, or someone affected by a university decision, this by-law may determine what procedures must be followed and what rights you have.\n\n**Important note:** The actual substantive content of the by-law (the specific rules) was **not included** in the text provided — only navigation and status metadata from the NSW legislation website was supplied. As a result, this summary is based on the nature and type of the instrument rather than its specific provisions. The by-law has been in force since **14 October 2005** and has been amended multiple times, with the current version dating from **31 October 2018**."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/macquarie-university-by-law-2005","history":"/api/acts/macquarie-university-by-law-2005/history","analysis":"/api/acts/macquarie-university-by-law-2005/analysis","conflicts":"/api/acts/macquarie-university-by-law-2005/conflicts","importantCases":"/api/acts/macquarie-university-by-law-2005/important-cases","documents":"/api/acts/macquarie-university-by-law-2005/documents"}}