{"id":"nsw:act-1998-006","name":"NextSense Act 1998","slug":"nextsense-act-1998","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"6 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175516,"registerId":"nsw-nsw:act-1998-006-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 Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [NextSense Act 1998](/view/html/inforce/current/act-1998-006).\n> \n> **s 1:** Am 2024 No 7, Sch 4\\[2\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day 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.\n> > \n> > director means a director of the Board.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > Institute means NextSense, formerly known as—\n> > \n> > > (a) the Royal New South Wales Institute for Deaf and Blind Children, and\n> > \n> > > (b) the Royal Institute for Deaf and Blind Children.\n> > \n> > member means a person admitted to membership of the Institute as referred to in section 7.\n> > \n> > President means the President of the Board.\n> > \n> > Vice President means a Vice President of the Board.\n> \n> > (2) (Repealed)\n> \n> **s 3:** Am 2024 No 7, Sch 4\\[3\\] \\[4\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"NextSense","content":"# Part 2 NextSense\n\nPart 2 NextSense\n\n**pt 2, hdg:** Subst 2024 No 7, Sch 4\\[5\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Continuation of Institute under new name","content":"#### 4 Continuation of Institute under new name\n\n4 Continuation of Institute under new name\n\n> > (1) The Royal New South Wales Institute for Deaf and Blind Children constituted under the Royal New South Wales Institute for Deaf and Blind Children Act 1905 is continued by this Act as a body corporate with the corporate name of “NextSense”.\n> \n> > (2) NextSense is the same legal entity as the legal entity continued by this Act.\n> \n> **s 4:** Am 2024 No 7, Sch 4\\[6\\] \\[7\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Institute not agency of State","content":"#### 5 Institute not agency of State\n\n5 Institute not agency of State\n\n> > (1) The Institute is not, and does not represent, the Crown.\n> \n> > (2) Without limiting the generality of subsection (1), the Institute—\n> > \n> > > (a) is not an instrumentality or agency of the State, and\n> > \n> > > (b) is not entitled to any immunity or privilege of the State, and\n> > \n> > > (c) is not a public authority for any purpose and is taken not to have been constituted or established for a public purpose or for a purpose of the State.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Object and functions","content":"#### 6 Object and functions\n\n6 Object and functions\n\n> > (1) The object of the Institute is to provide support and services to the following—\n> > \n> > > (a) persons living with hearing or vision loss,\n> > \n> > > (b) the families of persons living with hearing or vision loss,\n> > \n> > > (c) persons or bodies involved in providing care, support or other services to persons with hearing or vision loss.\n> \n> > (2) The Institute is not to carry out its activities for the purpose of private gain for particular persons.\n> \n> > (3) The Institute has the functions necessary or convenient to enable it to achieve its object.\n> \n> **s 6:** Am 2024 No 7, Sch 4\\[8\\]–\\[10\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Membership of Institute","content":"#### 7 Membership of Institute\n\n7 Membership of Institute\n\n> > (1) The members of the Institute are persons who have been admitted to membership of the Institute by the Board in accordance with the by-laws.\n> \n> > (2) A register of members is to be kept by the Institute in such place and is to include such information as is prescribed by the by-laws.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Annual general meeting of Institute","content":"#### 8 Annual general meeting of Institute\n\n8 Annual general meeting of Institute\n\n> > (1) The Board is to call an annual general meeting of the Institute as soon as practicable after the completion of each financial year of the Institute.\n> \n> > (2) A quorum for an annual general meeting is 10 members.\n> \n> > (3) The Institute is to elect the directors of the Board at the annual general meeting in accordance with this Act and the by-laws.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Special meeting of Institute","content":"#### 9 Special meeting of Institute\n\n9 Special meeting of Institute\n\n> > (1) A special meeting of the Institute for the transaction of any particular business may be called at any time by the Board and must be held on written requisition of at least 20 members given to the President or, in the absence of the President, a Vice President.\n> \n> > (2) The special meeting is to be held within 30 days after the receipt of the requisition by the President or, in the absence of the President, a Vice President.\n> \n> > (3) At least 7 days’ notice of the time and place of any special meeting as well as the business to be transacted is to be given in accordance with the by-laws.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Board","content":"# Part 3 Board\n\nPart 3 Board","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Board of Institute","content":"#### 10 Board of Institute\n\n10 Board of Institute\n\n> > (1) The Institute is to have a Board consisting of no more than 15 directors who are members of the Institute.\n> \n> > (2) The Board has the control of the affairs of the Institute subject to any by-laws and has such other functions as may be conferred or imposed on the Board by or under this or any other Act.\n> \n> > (3) Any act, matter or thing done in the name of, or on the behalf of, the Institute by the Board is taken to have been done by the Institute.\n> \n> > (4) Schedule 1 has effect with respect to the directors.\n> \n> > (5) Schedule 2 has effect with respect to the procedure of the Board.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Delegation of functions","content":"#### 11 Delegation of functions\n\n11 Delegation of functions\n\n> > (1) The Board may delegate to an authorised person any of the functions of the Board, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the Board if the delegate is authorised in writing to do so by the Board.\n> \n> > (3) In this section, authorised person means a member of the staff of the Institute or any other person, or person within a class of persons, prescribed by the by-laws.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Powers to invest","content":"#### 12 Powers to invest\n\n12 Powers to invest\n\n> The Board may invest funds of the Institute—\n> \n> > (a) in accordance with, and subject to, the [Trustee Act 1925](/view/html/inforce/current/act-1925-014), or\n> \n> > (b) in any other manner authorised by the regulations.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Indemnity","content":"#### 13 Indemnity\n\n13 Indemnity\n\n> > (1) A person is entitled to be indemnified out of the property of the Institute against all expenses and liabilities incurred by the person (whether as a director or in any other capacity) in connection with the exercise in good faith of the duties of office of the person, including any reasonable legal costs and disbursements.\n> \n> > (2) The Institute may insure any person against any liability to which subsection (1) applies.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Committees and subcommittees","content":"#### 14 Committees and subcommittees\n\n14 Committees and subcommittees\n\n> The Board may establish such committees and subcommittees as the Board thinks fit for the purpose of assisting it to exercise its functions.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Property of Institute","content":"# Part 4 Property of Institute\n\nPart 4 Property of Institute","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Power to hold and deal with property","content":"#### 15 Power to hold and deal with property\n\n15 Power to hold and deal with property\n\n> The Institute has power to acquire, purchase, hold, sell, mortgage and otherwise deal with property held by the Institute in accordance with its objects.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Power to accept gifts","content":"#### 16 Power to accept gifts\n\n16 Power to accept gifts\n\n> > (1) The Institute has power to acquire by gift, bequest or devise any property for the purpose of carrying out or giving effect to all or any of its objects and to agree to and carry out the conditions of the gift, bequest or devise.\n> \n> > (2) The rule of law against remoteness of vesting does not apply to or in respect of any condition of a gift, bequest or devise to which the Institute has agreed.\n> \n> > (3) The [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047) does not apply to or in respect of any conveyance or gift to, activity or transaction of, or bequest or devise in favour of, the Institute and taking effect after the commencement of the Royal New South Wales Institute for Deaf and Blind Children Act 1905.","sortOrder":19},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Financial year","content":"#### 17 Financial year\n\n17 Financial year\n\n> The financial year of the Institute is the year commencing 1 July or such other day as may be prescribed by the by-laws.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Winding up","content":"#### 18 Winding up\n\n18 Winding up\n\n> > (1) Without limiting any application Part 5.7 of the [Corporations Law](/view/html/inforce/current/sl-1999-0703) may have apart from this section, the provisions of Part 5.7 with respect to the winding up of a Part 5.7 body under that Law apply to the winding up of the Institute.\n> \n> > (2) Despite section 586 of the [Corporations Law](/view/html/inforce/current/sl-1999-0703), members of the Institute are not required to contribute to the payment of a debt or liability of the Institute on the winding up of the Institute.\n> \n> > (3) Despite section 588 of the [Corporations Law](/view/html/inforce/current/sl-1999-0703), where there is outstanding property of the Institute after the Institute is dissolved, the estate and interest in the property, together with any claims, rights and remedies in relation to that property is to vest in a body—\n> > \n> > > (a) that, in the opinion of the liquidator, has similar objects to the Institute, and\n> > \n> > > (b) that is a fund, authority or institution approved by the Commissioner of Taxation as a fund, authority or Institution mentioned in section 78 of the [Income Tax Assessment Act 1936](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"By-laws","content":"#### 19 By-laws\n\n19 By-laws\n\n> > (1) The Board may make by-laws, 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, and in particular, for or with respect to the following—\n> > \n> > > (a) the members,\n> > \n> > > (b) the directors,\n> > \n> > > (c) annual general and special meetings of the Institute,\n> > \n> > > (d) meetings of the Board,\n> > \n> > > (e) voting at meetings of the Institute and the Board,\n> > \n> > > (f) committees and subcommittees of the Board,\n> > \n> > > (g) meetings of committees and sub-committees,\n> > \n> > > (h) annual and other periodic reports,\n> > \n> > > (i) membership, including admission to and cessation of membership,\n> > \n> > > (j) classes of membership of the Institute.\n> \n> > (2) A by-law—\n> > \n> > > (a) may, from time to time, be amended or repealed by the Institute, and\n> > \n> > > (b) must indicate that it takes effect under this section.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"#### 20 Regulations\n\n20 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":24},{"sectionNumber":"21","sectionType":"section","heading":"Repeal of certain Acts","content":"#### 21 Repeal of certain Acts\n\n21 Repeal of certain Acts\n\n> The following Acts are repealed—\n> \n> > (a) Royal New South Wales Institute for Deaf and Blind Children Act 1905,\n> \n> > (b) [Royal New South Wales Institution for Deaf and Blind Children (Sale of Darlington Lands) Act 1961](/view/pdf/asmade/act-1961-8),\n> \n> > (c) [Royal New South Wales Institute for Deaf and Blind Children Act 1974](/view/pdf/asmade/act-1974-103).","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 22 Savings and transitional provisions\n\n22 Savings and transitional provisions\n\n> Schedule 3 has effect.","sortOrder":26},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to directors","content":"# Schedule 1 Provisions relating to directors\n\nSchedule 1 Provisions relating to directors\n\n(Section 10)\n\n**sch 1:** Am 2024 No 7, Sch 4\\[11\\].","sortOrder":27},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to procedure of Board","content":"# Schedule 2 Provisions relating to procedure of Board\n\nSchedule 2 Provisions relating to procedure of Board\n\n(Section 10)","sortOrder":32},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 3 Savings and transitional provisions\n\nSchedule 3 Savings and transitional provisions\n\n(Section 22)\n\n**sch 3:** Am 2024 No 7, Sch 4\\[12\\].","sortOrder":37}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing and governing NextSense as a corporate body to provide services for people with hearing and vision loss. The 2024 amendments were limited to renaming (from \"Royal Institute for Deaf and Blind Children\" to \"NextSense\"), updating terminology, and adjusting director term limits. There has been no significant expansion beyond the original charitable and corporate governance scope established in 1998."},"complexity_factors":["Short, single-purpose statute (approximately 22 sections plus 3 schedules)","Minimal defined terms (only 8 definitions in section 3)","Limited cross-referencing — primarily references to the Corporations Law, Trustee Act, and repealed predecessor legislation","Straightforward conditional logic with few nested exceptions","Two schedules contain procedural details (director terms, meeting rules) that are standard for incorporated associations","Recent 2024 amendments added transitional provisions but did not significantly complicate the structure","No complex regulatory schemes, offence provisions, or enforcement mechanisms"],"plain_english_summary":"**What this legislation does**\n\nThis Act establishes **NextSense** (formerly the Royal New South Wales Institute for Deaf and Blind Children) as an independent, not-for-profit organisation that supports people with hearing or vision loss, their families, and their carers.\n\n**Key points:**\n\n- **Continues a historic institution**: The Act continues a body that has existed since 1905 under a new name (NextSense) and modern governance structure. It is explicitly **not** a government agency — it operates independently of the Crown and has no special state privileges or immunities.\n\n- **Sets up the governance structure**: The Institute is run by a **Board** of up to 15 directors elected by members. The Board controls the organisation's affairs, can delegate powers, establish committees, and invest funds according to trustee law.\n\n- **Defines membership**: People can become members through a process set out in by-laws (internal rules). Members elect directors at annual general meetings and can call special meetings if 20 members request one.\n\n- **Protects directors**: Directors are indemnified (protected from personal financial liability) for actions taken in good faith, and the Institute can insure them against legal risks.\n\n- **Handles property and gifts**: The Institute can buy, sell, mortgage, and manage property. It can accept gifts and bequests (including with conditions), and is exempt from stamp duty on certain transactions.\n\n- **Winding up rules**: If the organisation closes down, members don't have to pay its debts. Any remaining assets must go to another charity with similar purposes that has tax-deductible status.\n\n- **Allows flexible rules**: The Board can make by-laws (internal rules) about membership, meetings, and operations. The Governor can make regulations for matters the Act doesn't cover.\n\n**Who it affects**\n\n- People with hearing or vision loss and their families (the beneficiaries)\n- Members and directors of NextSense\n- Staff and volunteers\n- Donors making bequests or gifts\n- Other charities that might receive assets if NextSense winds up\n\n**Why it matters**\n\nThis legislation modernises the governance of a major Australian disability services provider, ensuring it can operate flexibly as an independent charity while maintaining accountability through member-elected directors. The 2024 amendments updated terminology (replacing outdated language about \"deaf and blind\") and refined director term limits."},"summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Act was originally named the 'Royal Institute for Deaf and Blind Children Act 1998', indicating its original scope was tied specifically to the Royal Institute for Deaf and Blind Children. The February 2024 rename to the 'NextSense Act 1998' reflects the organisation's rebrand, suggesting the scope now formally aligns with the broader, modernised service delivery model of NextSense, which serves not just children but people of all ages with sensory impairments."},"complexity_factors":["Very limited substantive content is visible in the provided text — only metadata, status information, and administrative details are shown, with no actual operative provisions (sections) included","The Act appears to be a short, single-purpose incorporation or establishment statute with a narrow and well-defined subject matter","Only two point-in-time versions exist across 26+ years, suggesting minimal amendment history and low structural complexity","The 2024 change appears to be a simple name change, not a substantive legislative overhaul"],"plain_english_summary":"The NextSense Act 1998 (NSW) gives legal existence and a governance framework to NextSense, the organisation providing education, therapy and support to children and adults who are deaf, hard of hearing, blind or have low vision. It is a New South Wales law and was updated in 2024 to reflect the organisation’s rebrand.\n\nIt matters because it is the statutory foundation that lets NextSense operate, own property, enter contracts and be accountable to government oversight."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act preserves the Institute's legal continuity but updates governance: it renames the body NextSense and the 2024 amendment substituted Schedule 1 clause 4 (terms of office for directors) and added transitional rules (Schedule 3, clauses 6–7) that alter how existing and prior terms are counted. Other core objects and powers remain in the text, while earlier Acts are repealed."},"complexity_factors":["Cross‑references to multiple external Acts (Trustee Act 1925; Corporations Law Part 5.7; Income Tax Assessment Act 1936; Stamp Duties Act 1920) increase legal interaction complexity","Delegation of substantive rule‑making to Board by‑laws and to the Governor by regulations creates layered sources of rules","Detailed governance rules (board size, election, term limits, quorum, chair voting) with schedules and transitional provisions require careful procedural compliance","Indemnity and investment powers raise operational and financial governance obligations for the Board","Recent 2024 amendments substituted Schedule 1 clause 4 and added transitional clauses, requiring attention to transitional application of term limits"],"plain_english_summary":"This Act continues the Royal New South Wales Institute for Deaf and Blind Children as the corporate entity NextSense and sets its objects, membership, board governance, powers to hold property, accept gifts, invest funds, insure and indemnify officers, and winding‑up rules. It declares the Institute is not the Crown and repeals earlier Acts.\n\nIt affects members, directors, staff, donors and creditors: the Board runs the Institute, the Governor may make regulations, the Institute’s funds meet indemnities and investments, and members are not liable for Institute debts on winding up."}},"importantCases":[],"_links":{"self":"/api/acts/nextsense-act-1998","history":"/api/acts/nextsense-act-1998/history","analysis":"/api/acts/nextsense-act-1998/analysis","conflicts":"/api/acts/nextsense-act-1998/conflicts","importantCases":"/api/acts/nextsense-act-1998/important-cases","documents":"/api/acts/nextsense-act-1998/documents"}}