{"id":"nsw:act-2018-006","name":"Saint John’s College Act 2018","slug":"saint-john-s-college-act-2018","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"6 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29226,"registerId":"nsw-act-2018-006-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 [Saint John’s College Act 2018](/view/html/inforce/current/act-2018-006).","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> > Archbishop means the Roman Catholic Archbishop of Sydney.\n> > \n> > by-laws means by-laws made under this Act.\n> > \n> > clerical member—see section 6 (3).\n> > \n> > College means the corporation constituted by this Act.\n> > \n> > Council means the Council of the College established under this Act.\n> > \n> > former Act means the [Saint John’s College Act 1857](/view/html/repealed/current/act-1857-sjc).\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > lay member—see section 6 (4).\n> > \n> > lay person means a person who is not a Roman Catholic priest or member of a Roman Catholic order.\n> > \n> > member means a member of the Council.\n> > \n> > member of a Roman Catholic order means a member of an Institute of Consecrated Life within the Roman Catholic Church.\n> > \n> > Rector means the person appointed as Rector of the College under section 10.\n> > \n> > University means the University of Sydney.\n> > \n> > Vice-Chancellor means the Vice-Chancellor of the University.\n> > \n> > Vice-Rector means the person appointed as Vice-Rector of the College under section 11.\n> > \n> > Visitor—see section 13.\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) A reference in this Act to a student residing on the premises of the College includes a reference to a person who is enrolled as a non-residential student of the College.\n> \n> > (3) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and management of College","content":"# Part 2 Constitution and management of College\n\nPart 2 Constitution and management of College","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of The Rector and Fellows of Saint John’s College","content":"#### 4 Constitution of The Rector and Fellows of Saint John’s College\n\n4 Constitution of The Rector and Fellows of Saint John’s College\n\n> > (1) There is constituted by this Act a corporation with the corporate name of “The Rector and Fellows of Saint John’s College”.\n> \n> > (2) The College is a Roman Catholic residential college within the University and may also be known as the College of Saint John the Evangelist.\n> \n> > (3) The College is a continuation of, and the same legal entity as, the corporation constituted by the former Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Functions of College","content":"#### 5 Functions of College\n\n5 Functions of College\n\n> The College has the following functions:\n> \n> > (a) to provide accommodation, education and religious instruction to students,\n> \n> > (b) any other functions conferred or imposed on it by or under this or any other Act.\n> > \n> > Note—\n> > \n> > See, for example, section 50 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Council of College","content":"#### 6 Council of College\n\n6 Council of College\n\n> > (1) There is to be a Council of the College.\n> \n> > (2) The Council consists of the following members:\n> > \n> > > (a) the Rector,\n> > \n> > > (b) 3 persons appointed by the Archbishop, each of whom must be a Roman Catholic priest or member of a Roman Catholic order,\n> > \n> > > (c) 4 lay persons elected under section 8,\n> > \n> > > (d) 1 lay person appointed by the Vice-Chancellor,\n> > \n> > > (e) 4 lay persons appointed by the Council.\n> \n> > (3) The persons appointed as members by the Archbishop are clerical members.\n> \n> > (4) The persons who are otherwise appointed or elected as members (other than the Rector) are lay members.\n> \n> > (5) Each person appointed to the Council must have expertise and experience relevant to the Council’s functions and an appreciation of the objects, values, functions and activities of the College.\n> \n> > (6) The Council is to have regard to gender diversity in appointing persons under subsection (2) (e).\n> \n> **s 6:** Am 2018 No 68, Sch 2.32.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Role of Council","content":"#### 7 Role of Council\n\n7 Role of Council\n\n> > (1) All decisions relating to the functions of the College are to be made by or under the authority of the Council.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, the College by or under the authority of the Council is taken to have been done by the College.\n> \n> > (3) The Council has the following functions:\n> > \n> > > (a) to develop and implement policies and strategic plans for the administration of the College,\n> > \n> > > (b) to develop and implement the College’s educational and pastoral philosophy,\n> > \n> > > (c) to manage the College’s financial resources,\n> > \n> > > (d) to oversee the performance of the College as a whole,\n> > \n> > > (e) to monitor the performance of the Rector and the Vice-Rector,\n> > \n> > > (f) any other functions conferred or imposed on it by or under this or any other Act or law.\n> \n> > (4) The Council may, subject to any by-laws, establish committees to assist it in connection with the exercise of any of its functions.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Election of lay persons to Council","content":"#### 8 Election of lay persons to Council\n\n8 Election of lay persons to Council\n\n> > (1) The election of 4 lay persons as members of the Council is to be held in accordance with any by-laws (or, if there are no by-laws relating to the election in force, in accordance with any procedures determined by the Council).\n> > \n> > Note—\n> > \n> > Clause 2 of Schedule 1 provides that 2 of the lay persons first elected to the Council will serve only 2 year terms, rather than the usual term of 4 years. As a result, an election will be held every 2 years to fill 2 vacancies.\n> \n> > (2) The following persons only are eligible to vote in an election under this section:\n> > \n> > > (a) a person who is a member or former member of the Council,\n> > \n> > > (b) a person who was a member of the Council constituted under the former Act,\n> > \n> > > (c) a person who is a graduate of the University and who has resided on the premises of the College for at least 1 academic year.\n> \n> > (3) The Council is to maintain, in accordance with any by-laws, a roll containing the name and address of each person eligible to vote in an election under this section.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Duties of Council members","content":"#### 9 Duties of Council members\n\n9 Duties of Council members\n\n> In exercising the member’s functions, a member must:\n> \n> > (a) act in the best interests of the College as a whole, and\n> \n> > (b) act honestly, in good faith and for a proper purpose, and\n> \n> > (c) exercise a reasonable degree of care and diligence, and\n> \n> > (d) not make improper use of the member’s position to gain an advantage for the member or another person, and\n> \n> > (e) disclose any interest (whether pecuniary or otherwise) that would conflict with the proper exercise of the member’s functions and avoid exercising any function that could involve such a conflict of interest.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"College office holders","content":"# Part 3 College office holders\n\nPart 3 College office holders","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Rector","content":"#### 10 Rector\n\n10 Rector\n\n> > (1) The Council is to appoint a person as the Rector of the College.\n> \n> > (2) A person appointed as Rector must be a Roman Catholic priest, a member of a Roman Catholic order or a practising Roman Catholic lay person.\n> \n> > (3) The term of office and the terms and conditions of the appointment of the Rector are to be determined by the Council.\n> \n> > (4) The Rector is the chief executive officer of the College and has the following functions:\n> > \n> > > (a) to conduct the day-to-day management of the affairs of the College,\n> > \n> > > (b) to act as steward of the College on behalf of the Council,\n> > \n> > > (c) to control and supervise the students residing on the premises of the College,\n> > \n> > > (d) any other functions prescribed by the by-laws or determined by the Council.\n> \n> > (5) The Rector must exercise his or her functions in accordance with the by-laws and any policies of the Council.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Vice-Rector","content":"#### 11 Vice-Rector\n\n11 Vice-Rector\n\n> > (1) The Council may appoint a person as the Vice-Rector of the College.\n> \n> > (2) A person appointed as Vice-Rector must be a Roman Catholic priest, a member of a Roman Catholic order or a practising Roman Catholic lay person.\n> \n> > (3) The term of office and the terms and conditions of the appointment of the Vice-Rector are to be determined by the Council.\n> \n> > (4) The Vice-Rector is to act in the office of Rector during the absence of the Rector, subject to any determinations of the Council. While so acting, the Vice-Rector has all the functions of the Rector and is taken to be the Rector.\n> \n> > (5) The Vice-Rector also has any functions prescribed by the by-laws or determined by the Council.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Council may suspend or remove Rector and Vice-Rector","content":"#### 12 Council may suspend or remove Rector and Vice-Rector\n\n12 Council may suspend or remove Rector and Vice-Rector\n\n> > (1) The Council may suspend or remove the Rector or the Vice-Rector from office for sufficient cause.\n> \n> > (2) A person suspended or removed from office under this section may appeal to the Visitor for a review of the decision to suspend or remove the person from office.\n> \n> > (3) The Visitor may affirm the decision to suspend or remove the person from office, vary the decision or set aside the decision and make a new decision in its place.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Visitor","content":"#### 13 Visitor\n\n13 Visitor\n\n> > (1) The Archbishop is the Visitor of the College.\n> \n> > (2) The Visitor has the functions conferred or imposed on the Visitor by or under this Act or any other Act or law.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Chaplain","content":"#### 14 Chaplain\n\n14 Chaplain\n\n> > (1) If the person holding office as the Rector is not a Roman Catholic priest or member of a Roman Catholic order, the Archbishop may appoint a person, nominated by the Council, as the Chaplain of the College.\n> \n> > (2) The Chaplain has the function of providing religious and spiritual support to students residing on the premises of the College.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Eligibility for residency on College premises","content":"#### 15 Eligibility for residency on College premises\n\n15 Eligibility for residency on College premises\n\n> > (1) A person is eligible to reside on the premises of the College if the person is a current student of the University, regardless of the person’s religion.\n> \n> > (2) The by-laws may prescribe other classes of persons who are eligible to reside on the premises of the College.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Dealings with Crown land","content":"#### 16 Dealings with Crown land\n\n16 Dealings with Crown land\n\n> The College may transfer an interest or estate in, or otherwise deal with, Crown land (within the meaning of the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006)) transferred to it or otherwise under its control or management, only if the College first obtains the Minister’s written approval.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Protection from personal liability","content":"#### 17 Protection from personal liability\n\n17 Protection from personal liability\n\n> Anything done or omitted to be done by the College, a member of the Council or any person acting under the direction of the College does not subject the member or person so acting personally to any action, liability, claim or demand if the thing was done or omitted to be done in good faith for the purposes of executing this Act or the by-laws.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"By-laws","content":"#### 18 By-laws\n\n18 By-laws\n\n> > (1) The Council may make by-laws, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following:\n> > \n> > > (a) the management of the affairs of the College,\n> > \n> > > (b) the control and supervision of students residing on the premises of the College,\n> > \n> > > (c) the procedures for the election of Council members,\n> > \n> > > (d) the committees established by the Council,\n> > \n> > > (e) the procedures for Council meetings,\n> > \n> > > (f) the functions of the Rector and the Vice-Rector.\n> \n> > (2) A by-law may be amended or repealed by a later by-law made under this section.\n> \n> > (3) The by-laws are to be made publicly available on the College’s website.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Repeal of Saint John’s College Act 1857 and by-laws","content":"#### 19 Repeal of Saint John’s College Act 1857 and by-laws\n\n19 Repeal of [Saint John’s College Act 1857](/view/html/repealed/current/act-1857-sjc) and by-laws\n\n> The [Saint John’s College Act 1857](/view/html/repealed/current/act-1857-sjc) and any by-laws made under that Act are repealed.","sortOrder":22},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Members and procedure of Council","content":"# Schedule 1 Members and procedure of Council\n\nSchedule 1 Members and procedure of Council","sortOrder":23},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions","sortOrder":38}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act both preserves legal continuity with the former corporation (s 4(3)) and changes scope by modernising governance: it sets a specific mix of clerical and lay membership and election rules (s 6; s 8), introduces explicit duties and conflict rules for members (s 9; Sch 1 cl 8), opens residency to any University student regardless of religion (s 15(1)), grants the Council wide by‑law power (s 18) and requires Ministerial approval for Crown land dealings (s 16). It also repeals the 1857 Act (s 19) and provides transitional arrangements (Sch 2)."},"complexity_factors":["Mixed governance: combination of appointed clerical members, elected and appointed lay members (s 6) increases procedural detail.","Election and voting eligibility rules for lay members, plus a maintained electoral roll (s 8).","Member duties, disclosure and conflict rules requiring procedural compliance (ss 9; Sch 1 cl 8).","Council procedures and quorum, technology-enabled meetings, and written resolutions (Sch 1 cls 9–11).","Extraordinary Visitor powers to remove and appoint members in wide contingency scenarios (Sch 1 cl 6).","Transitional and savings provisions to migrate from the former Act and preserve continuity (s 4(3); s 19; Sch 2).","By-law making power with public publication requirement and scope to regulate many internal matters (s 18).","Ministerial approval requirement for dealings with Crown land introduces external executive discretion (s 16)."],"plain_english_summary":"This Act reconstitutes Saint John’s College as the same legal corporation, repeals the 1857 Act and modernises the college’s governance. It affects students, college office‑holders, the Archbishop and the University by prescribing the Council’s composition and duties, appointment and election procedures, the roles of Rector and Vice‑Rector, by‑laws, visitor oversight, residency eligibility and constraints on dealings with Crown land."},"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":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: governing a specific residential college at the University of Sydney. The 2018 Act is a straightforward replacement of the 1857 Act with modernised governance structures, without expansion into unrelated areas."},"complexity_factors":["Moderate length (approximately 3,500 words across 19 sections and 2 schedules)","13 defined terms in section 3, with additional definitions in Schedule 1","Multiple appointment mechanisms: 4 different methods for selecting Council members (Archbishop appointment, election, Vice-Chancellor appointment, Council appointment)","Staggered terms and transitional provisions in Schedule 1 clause 2 (2-year and 4-year terms for initial members)","Cross-references to Interpretation Act 1987 and Crown Lands Act 1989","Conditional logic for extraordinary dismissal powers (Schedule 1 clause 6) requiring specific vacancy thresholds and dual concurrence (Visitor plus Vice-Chancellor)","Nested exceptions in conflict-of-interest provisions (Schedule 1 clause 8: member cannot vote on whether they can vote)","Savings and transitional provisions preserving existing office holders"],"plain_english_summary":"This legislation establishes **Saint John's College** as a residential college at the University of Sydney with a Roman Catholic character. It replaces an 1857 law with modern governance rules.\n\n**What it does:**\n- **Creates a legal entity** called \"The Rector and Fellows of Saint John's College\" (continuing the same corporation from 1857)\n- **Sets up a governing Council** with 13 members: the Rector, 3 clerical members appointed by the Archbishop of Sydney, 4 elected lay members, 1 lay member appointed by the University Vice-Chancellor, and 4 lay members appointed by the Council itself\n- **Establishes key roles**: a Rector (chief executive), optional Vice-Rector, Archbishop as \"Visitor\" (an oversight role with appeal powers), and optional Chaplain\n- **Defines the College's purpose**: providing accommodation, education, and religious instruction to students\n\n**Who it affects:**\n- Students of the University of Sydney who want to live at the College (open to all religions)\n- The Roman Catholic Archbishop of Sydney, who appoints clerical members and serves as Visitor\n- Alumni and former council members who can vote in elections\n\n**Why it matters:**\nThe Act modernises the governance of Australia's oldest Catholic university college. It balances religious oversight (through the Archbishop's appointments) with lay participation (elected and appointed members). It includes contemporary features like gender diversity considerations, electronic meeting procedures, and public disclosure of by-laws. The \"Visitor\" role provides an independent appeal mechanism for dismissed office holders—a traditional feature of ecclesiastical (church-related) institutions."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no evidence of significant scope change. The Act has had one version update (January 2019), but without the actual legislative text, it is not possible to determine whether that amendment expanded or narrowed the original intent. The legislation appears to remain focused on its original narrow subject matter — the governance of Saint John's College."},"complexity_factors":["Only metadata and website navigation content was provided — the substantive text of the Act is absent, preventing meaningful complexity assessment","Institutional/governance legislation of this type is typically narrow in scope and affects a limited, specific audience","The Act appears to have had only one amendment since commencement (January 2019 update), suggesting it is not heavily litigated or frequently changed","Responsibility sits under a single Minister, indicating straightforward administrative oversight"],"plain_english_summary":"This NSW Act (No. 6 of 2018) governs Saint John’s College, a residential college associated with the University of Sydney. It came into force on 21 March 2018, was updated 8 January 2019, and remains in force; responsibility sits with the Minister for Skills, TAFE and Tertiary Education. Only website metadata was supplied here, so the Act’s full text and detailed provisions were not available for review."}},"importantCases":[],"_links":{"self":"/api/acts/saint-john-s-college-act-2018","history":"/api/acts/saint-john-s-college-act-2018/history","analysis":"/api/acts/saint-john-s-college-act-2018/analysis","conflicts":"/api/acts/saint-john-s-college-act-2018/conflicts","importantCases":"/api/acts/saint-john-s-college-act-2018/important-cases","documents":"/api/acts/saint-john-s-college-act-2018/documents"}}