{"id":"nsw:act-2018-048","name":"RSL NSW Act 2018","slug":"rsl-nsw-act-2018","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"48 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29207,"registerId":"nsw-act-2018-048-current","compilationNumber":null,"startDate":"2026-04-01","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 [RSL NSW Act 2018](/view/html/inforce/current/act-2018-048).","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 directors of RSL NSW established under section 5.\n> > \n> > director means a director of the Board.\n> > \n> > former Act means the [Returned and Services League of Australia (New South Wales Branch) Incorporation Act 1935](/view/html/repealed/current/act-1935-039).\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > RSL NSW means the corporation constituted by this Act.\n> > \n> > RSL NSW Constitution means the document called the “Constitution of the Returned and Services League of Australia (New South Wales Branch)” as in force for the time being.\n> > \n> > service member means a person who is a service member within the meaning of the RSL NSW Constitution.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and management of RSL NSW","content":"# Part 2 Constitution and management of RSL NSW\n\nPart 2 Constitution and management of RSL NSW","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution","content":"#### 4 Constitution\n\n4 Constitution\n\n> > (1) There is constituted by this Act a corporation with the corporate name of the Returned and Services League of Australia (New South Wales Branch).\n> \n> > (2) The Returned and Services League of Australia (New South Wales Branch) may also be called RSL NSW and the use of that name has the same effect for all purposes as the use of its corporate name.\n> \n> > (3) RSL NSW is not and does not represent the Crown.\n> \n> > (4) RSL NSW is a continuation of, and the same legal entity as, the corporation constituted by the former Act.\n> > \n> > Note.\n> > \n> > Section 53 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains savings provisions in relation to the effect of the alteration of the name and constitution of the former corporation.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Board of directors of RSL NSW","content":"#### 5 Board of directors of RSL NSW\n\n5 Board of directors of RSL NSW\n\n> > (1) There is to be a board of directors of RSL NSW.\n> \n> > (2) The Board is to consist of at least 3 but not more than 10 directors.\n> \n> > (3) Except as provided by subsection (5), the directors are to be service members who are elected, in accordance with the RSL NSW Constitution, as directors by the service members.\n> \n> > (4) Each service member has one vote in an election of the directors.\n> \n> > (5) At least 1 but not more than 2 persons are to be appointed by the Board as independent directors. An independent director is a person who is not, or was not in the previous 5 years, admitted as a member of RSL NSW in any class of membership under the RSL NSW Constitution.\n> \n> > (6) The RSL NSW Constitution may make provision for or with respect to the directors (including terms of office and removal from office).\n> \n> > (7) The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Board.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Role of Board","content":"#### 6 Role of Board\n\n6 Role of Board\n\n> > (1) All decisions relating to the functions of RSL NSW are to be made by or under the authority of the Board.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, RSL NSW by or under the authority of the Board is taken to have been done by RSL NSW.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of RSL NSW","content":"# Part 3 Functions of RSL NSW\n\nPart 3 Functions of RSL NSW","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"General functions","content":"#### 7 General functions\n\n7 General functions\n\n> > (1) RSL NSW has the functions conferred or imposed on it by or under any of the following—\n> > \n> > > (a) the RSL NSW Constitution,\n> > \n> > > (b) this Act or any other Act or law.\n> > \n> > Note.\n> > \n> > See for example section 50 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (2) RSL NSW must keep proper accounts and records in relation to its operations.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Annual report of RSL NSW","content":"#### 8 Annual report of RSL NSW\n\n8 Annual report of RSL NSW\n\n> > (1) RSL NSW must, within 6 months after the end of each financial year of RSL NSW or within a longer period allowed by the Minister, prepare and forward to the Minister an annual report of its operations for that financial year.\n> \n> > (2) The annual report must include—\n> > \n> > > (a) copies of the financial statements and accounts of RSL NSW, prepared in accordance with the Australian Accounting Standards, for the financial year to which the report relates, and\n> > \n> > > (b) an independent auditor’s report, prepared in accordance with the Australian Auditing Standards, on those financial statements and accounts, and\n> > \n> > > (c) information relating to the determination of the remuneration for each director, and\n> > \n> > > (d) any other information prescribed by the regulations.\n> \n> > (3) The Minister is to table the annual report or cause it to be tabled in both Houses of Parliament as soon as practicable after it is forwarded to the Minister.\n> \n> > (4) RSL NSW is to make copies of its annual report publicly available at no cost.\n> \n> > (5) The financial year of RSL NSW is, for the purposes of this section, the period of 12 months as determined by RSL NSW.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"The Cenotaph","content":"#### 9 The Cenotaph\n\n9 The Cenotaph\n\n> > (1) RSL NSW is to be taken to be the guardian of the Cenotaph in Martin Place in the City of Sydney.\n> \n> > (2) The Council of the City of Sydney is required to appoint, as custodian of the Cenotaph, a person nominated by RSL NSW.\n> \n> > (3) Any information or complaint in respect of any offence concerning the Cenotaph may be laid or made by the custodian of the Cenotaph.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Anzac Memorial Building","content":"#### 10 Anzac Memorial Building\n\n10 Anzac Memorial Building\n\n> > (1) RSL NSW is taken to be the guardian of the Anzac Memorial Building.\n> \n> > (2) The Trustees of the Anzac Memorial Building must appoint, as custodian of the Anzac Memorial Building, a person nominated by RSL NSW.\n> \n> > (3) Any information or complaint in respect of any offence concerning the Anzac Memorial Building may be laid or made by the custodian of the Anzac Memorial Building.\n> \n> > (4) In this section, the Anzac Memorial Building means the memorial building within the meaning of the [Anzac Memorial Act 2025](/view/html/inforce/current/act-2025-076).\n> \n> **s 10:** Am 2025 No 76, Sch 4.1\\[1\\] \\[2\\]","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Delegation","content":"#### 11 Delegation\n\n11 Delegation\n\n> RSL NSW may delegate the exercise of any of its functions (other than this power of delegation) to—\n> \n> > (a) a director, or\n> \n> > (b) an employee of RSL NSW, or\n> \n> > (c) a committee comprised of, or a combination of, those persons, or\n> \n> > (d) any other person.","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Disclosure of pecuniary interests by directors","content":"#### 12 Disclosure of pecuniary interests by directors\n\n12 Disclosure of pecuniary interests by directors\n\n> > (1) If—\n> > \n> > > (a) a director has a pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and\n> > \n> > > (b) the interest appears to raise a conflict with the proper performance of the director’s duties in relation to the consideration of the matter,\n> > \n> > the director must, as soon as possible after the relevant facts have come to the director’s knowledge, disclose the nature of the interest at a meeting of the Board.\n> \n> > (2) A disclosure by a director at a meeting of the Board that the director—\n> > \n> > > (a) is a director, or is in the employment, of a specified company or other body, or\n> > \n> > > (b) is a partner, or is in the employment, of a specified person, or\n> > \n> > > (c) has some other specified interest relating to a specified company or other body or to a specified person,\n> > \n> > is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (1).\n> \n> > (3) Particulars of any disclosure made under this section must be recorded by the Board in a document kept for the purpose and that document must be made available at all reasonable hours for inspection by any person on payment of a reasonable fee determined by the Board.\n> \n> > (4) After a director has disclosed the nature of an interest in any matter, the director must not, unless the Board otherwise determines—\n> > \n> > > (a) be present during any deliberation of the Board with respect to the matter, or\n> > \n> > > (b) take part in any decision of the Board with respect to the matter.\n> \n> > (5) For the purpose of the making of a determination by the Board under subsection (4), a director who has a pecuniary interest in a matter to which the disclosure relates must not—\n> > \n> > > (a) be present during any deliberation of the Board for the purpose of making the determination, or\n> > \n> > > (b) take part in the making by the Board of the determination.\n> \n> > (6) A contravention of this section does not invalidate any decision of the Board.\n> \n> > (7) This section does not prevent a director from taking part in the making of a determination that relates to the remuneration of the directors if the requirements specified in the RSL NSW Constitution relating to the making of the determination are complied with.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Remuneration of directors","content":"#### 13 Remuneration of directors\n\n13 Remuneration of directors\n\n> > (1) A director may, subject to any other Act or law, receive remuneration from RSL NSW.\n> \n> > (2) In determining the level of remuneration to be paid to a director, RSL NSW must have regard to the following—\n> > \n> > > (a) the specific role of the director,\n> > \n> > > (b) the remuneration paid to the directors of comparable organisations,\n> > \n> > > (c) any other matter prescribed by the regulations.\n> \n> > (3) The level of remuneration paid to a director must not, having regard to the matters referred to in subsection (2), be manifestly excessive.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Authentication of documents","content":"#### 14 Authentication of documents\n\n14 Authentication of documents\n\n> Any document requiring authentication by RSL NSW is sufficiently authenticated without the seal of RSL NSW if it is—\n> \n> > (a) signed by 2 directors, or\n> \n> > (b) signed—\n> > \n> > > (i) by a director, and\n> > \n> > > (ii) by an employee of RSL NSW authorised by RSL NSW to sign the document.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Amendments to RSL NSW Constitution to be registered","content":"#### 15 Amendments to RSL NSW Constitution to be registered\n\n15 Amendments to RSL NSW Constitution to be registered\n\n> > (1) If any amendment is made to the RSL NSW Constitution on or after the commencement of this Act, an instrument certified under the seal of RSL NSW setting out the terms of the amendment is to be registered by the Registrar-General.\n> \n> > (2) A copy of a registered instrument certified by the Registrar-General is conclusive evidence of the contents of the instrument.","sortOrder":18},{"sectionNumber":"15A","sectionType":"section","heading":"Application of Duties Act 1997","content":"#### 15A Application of Duties Act 1997\n\n15A Application of [Duties Act 1997](/view/html/inforce/current/act-1997-123)\n\n> > (1) This section applies if, with the approval of RSL NSW, a sub-Branch incorporates under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth as a company limited by guarantee.\n> \n> > (2) Duty is not chargeable under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) in relation to an act, matter or thing to give effect to the incorporation, including in relation to the transfer of assets, rights or liabilities from the unincorporated sub-Branch to the incorporated sub-Branch.\n> \n> > (3) In this section—\n> > \n> > sub-Branch means a sub-Branch of RSL NSW within the meaning of the RSL NSW Constitution.\n> \n> **s 15A:** Ins 2022 No 23, Sch 1.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Service of documents","content":"#### 16 Service of documents\n\n16 Service of documents\n\n> > (1) A document may be served on RSL NSW by any of the following methods—\n> > \n> > > (a) by post to the address specified by RSL NSW for the service of documents of that kind,\n> > \n> > > (b) by post to an office of RSL NSW or by leaving it at an office of RSL NSW with a person apparently over the age of 16 years,\n> > \n> > > (c) by email to an email address specified by RSL NSW for the service of documents of that kind,\n> > \n> > > (d) by any other method authorised by the regulations for the service of documents of that kind.\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 RSL NSW by any other method.\n> \n> > (3) In this section, serve includes give or send.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Regulations","content":"#### 17 Regulations\n\n17 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":21},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n18 (Repealed)","sortOrder":22},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions","sortOrder":24}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended on at least three occasions (2019, 2022, and 2025), indicating that its scope or provisions have evolved from the original 2018 version. The most recent amendment in November 2025 suggests ongoing legislative attention, possibly in response to governance concerns or organisational changes within RSL NSW."},"complexity_factors":["Involves governance of a large membership-based organisation with multiple tiers (state body, sub-branches, clubs)","Intersection of incorporated associations law, gaming/liquor licensing (RSL clubs), and veterans affairs","Multiple amendments since commencement suggest evolving regulatory requirements","Oversight by Minister for Veterans adds a layer of governmental accountability","Only metadata was provided — full complexity of the Act's provisions cannot be assessed from this text alone"],"plain_english_summary":"The RSL NSW Act 2018 establishes the legal framework for the Returned and Services League in New South Wales, setting governance, membership, club/sub‑branch operation, financial accountability, and the RSL’s relationship with the Minister for Veterans. \n\nIt affects RSL members, sub‑branches, clubs, and leadership — and matters because it governs a large community organisation with significant assets, ensuring transparency, accountability and protection of members’ and public interests."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the corporate structure and governance of RSL NSW. The 2022 amendment adding section 15A (stamp duty exemption for sub-Branch incorporation) and the 2025 update to section 10 (updating the reference to the Anzac Memorial Act) are minor technical adjustments that fit within the Act's original scope of facilitating the organisation's operations. There has been no significant mission creep or expansion beyond the core functions of incorporation, governance, and memorial guardianship."},"complexity_factors":["Short statute (17 sections plus schedule)","Only 7 defined terms in the interpretation section (section 3)","Minimal cross-referencing — primarily references to the RSL NSW Constitution (external document) and standard Interpretation Act provisions","Straightforward conditional logic (e.g., 'if X then Y' in conflict of interest provisions) without nested exceptions","Single amendment incorporated (section 10 updated in 2025 to reference new Anzac Memorial Act)","No delegated legislation complexity beyond standard regulation-making power"],"plain_english_summary":"This law sets up the legal framework for the New South Wales branch of the Returned and Services League (RSL NSW) — the organisation that supports veterans and their families.\n\n**What it does:**\n- **Creates RSL NSW as a corporation** (a legal entity that can own property, enter contracts, and sue or be sued). It replaces an older 1935 law but keeps the same organisation running.\n- **Establishes a board of directors** (3–10 people) to run the organisation. Most directors must be elected by service members (veterans), but 1–2 must be 'independent directors' — people who haven't been RSL members in the past 5 years.\n- **Sets out core duties**: The board makes all decisions, the organisation must keep proper financial records, and it must publish an annual report including audited financial statements.\n- **Protects war memorials**: RSL NSW is named as the 'guardian' of the Cenotaph in Martin Place and the Anzac Memorial Building in Hyde Park, with rights to nominate custodians and bring legal action if these sites are damaged or disrespected.\n- **Adds transparency rules**: Directors must disclose conflicts of interest (financial stakes in decisions) and can't vote on matters where they have a personal financial interest.\n- **Allows sub-Branches to incorporate** without paying stamp duty (a 2022 addition).\n\n**Who it affects:**\n- Current and former Australian Defence Force members who belong to RSL NSW\n- The board members and employees of RSL NSW\n- The Sydney City Council and Anzac Memorial trustees (who must cooperate with RSL NSW on memorial custodianship)\n\n**Why it matters:**\nThis law modernises the governance of one of Australia's most prominent veterans' organisations, ensuring it operates with corporate accountability (proper financial reporting, independent oversight) while maintaining its traditional role as guardian of Sydney's most significant war memorials."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act continues the same legal entity as the former statutory instrument (s4(4)) and therefore does not expand the corporation's core statutory existence. It does, however, clarify and update governance, accountability and administrative mechanics: it sets board size and a hybrid election/appointment model including independent directors (s5), strengthens reporting and public availability requirements (s8), creates a statutory record and disclosure regime for conflicts (s12), and introduces a duty exemption for approved sub‑Branch incorporations (s15A). These are procedural and governance changes rather than a change in the statutory scope of RSL NSW as the continuing entity (s4(4))."},"complexity_factors":["Interplay between this Act and the RSL NSW Constitution and other laws (s3(1); s7(1)) — governance partly delegated to a non‑statutory constitution.","Mixed selection rules for Board membership: elected service members plus 1–2 independent directors (s5(2)–(5)) creating hybrid electoral/appointment mechanics.","Transparency and oversight duties: mandatory annual report with audited financial statements, director remuneration disclosure and Ministerial tabling (s8(1)–(4)).","Conflict‑of‑interest regime requires disclosure, record‑keeping and limits on participation, with inspection subject to a Board‑set fee (s12(1)–(5)).","Ambiguous normative standard on director pay — must not be 'manifestly excessive' (s13(2)–(3)) which leaves room for judgement and potential disputes.","Broad delegation power permitting delegation to directors, employees, committees or 'any other person' (s11) increases administrative discretion.","Special statutory roles (guardian and nominating custodians for Cenotaph and Anzac Memorial) link the corporation to public memorial management (s9–10).","Administrative mechanics for constitutional amendments and registration governed by Registrar‑General (s15) and commencement by proclamation (s2).","Targeted fiscal relief for incorporations of sub‑Branches via a duty exemption (s15A) alters financial incentives for structural change."],"plain_english_summary":"This Act reconstitutes the Returned and Services League of Australia (New South Wales Branch) as a statutory corporation and sets out how it is governed and held to account. It fixes board composition and decision‑making, requires annual financial reporting to the Minister, provides delegation and document‑service rules, designates custodians for two memorials, and includes a duty exemption for sub‑Branch incorporations (see ss 4, 5, 8, 9–11, 15A). It affects service members, directors, sub‑Branches and the Minister by clarifying legal status, reporting duties and procedural requirements."},"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/rsl-nsw-act-2018","history":"/api/acts/rsl-nsw-act-2018/history","analysis":"/api/acts/rsl-nsw-act-2018/analysis","conflicts":"/api/acts/rsl-nsw-act-2018/conflicts","importantCases":"/api/acts/rsl-nsw-act-2018/important-cases","documents":"/api/acts/rsl-nsw-act-2018/documents"}}