{"id":"nsw:act-1993-069","name":"Southern Cross University Act 1993","slug":"southern-cross-university-act-1993","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"69 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105978,"registerId":"nsw-act-1993-069-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Southern Cross University Act 1993](/view/html/inforce/current/act-1993-069).","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> > commercial functions of the University means the commercial functions described in section 6 (3) (a).\n> > \n> > Council means the Council of the University.\n> > \n> > University means the Southern Cross University established by this Act.\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) In this Act, a reference to a graduate of the University is a reference to a person who is the recipient of a degree or diploma, or of such other award or certificate as may be prescribed by the by-laws, conferred or awarded by or on behalf of—\n> > \n> > > (a) the University, or\n> > \n> > > (b) any former institution that is currently a part of the University (having become a part of the University or any predecessor of the University pursuant to the [Higher Education (Amalgamation) Act 1989](/view/html/inforce/current/act-1989-065) or otherwise), or\n> > \n> > > (c) any predecessor of the University or of any institution referred to in paragraph (b).\n> \n> > (3) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> > (4) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2001 No 101, Sch 6 \\[1\\]; 2004 No 115, Sch 3 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and functions of the University","content":"# Part 2 Constitution and functions of the University\n\nPart 2 Constitution and functions of the University","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of University","content":"#### 4 Establishment of University\n\n4 Establishment of University\n\n> A University is established by this Act, consisting of—\n> \n> > (a) a Council, and\n> \n> > (b) the professors and full-time members of the academic staff of the University and such other members or classes of members of the staff of the University as the by-laws may prescribe, and\n> \n> > (c) the graduates and students of the University.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Incorporation of University","content":"#### 5 Incorporation of University\n\n5 Incorporation of University\n\n> The University is a body corporate under the name of the Southern Cross University.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Object and functions of University","content":"#### 6 Object and functions of University\n\n6 Object and functions of University\n\n> > (1) The object of the University is the promotion, within the limits of the University’s resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence.\n> \n> > (2) The University has the following principal functions for the promotion of its object—\n> > \n> > > (a) the provision of facilities for education and research of university standard, having particular regard to the needs of the north coast region of the State,\n> > \n> > > (b) the encouragement of the dissemination, advancement, development and application of knowledge informed by free inquiry,\n> > \n> > > (c) the provision of courses of study or instruction across a range of fields, and the carrying out of research, to meet the needs of the community,\n> > \n> > > (d) the participation in public discourse,\n> > \n> > > (e) the conferring of degrees, including those of Bachelor, Master and Doctor, and the awarding of diplomas, certificates and other awards,\n> > \n> > > (f) the provision of teaching and learning that engage with advanced knowledge and inquiry,\n> > \n> > > (g) the development of governance, procedural rules, admission policies, financial arrangements and quality assurance processes that are underpinned by the values and goals referred to in the functions set out in this subsection, and that are sufficient to ensure the integrity of the University’s academic programs.\n> \n> > (3) The University has other functions as follows—\n> > \n> > > (a) the University may exercise commercial functions comprising the commercial exploitation or development, for the University’s benefit, of any facility, resource or property of the University or in which the University has a right or interest (including, for example, study, research, knowledge and intellectual property and the practical application of study, research, knowledge and intellectual property), whether alone or with others,\n> > \n> > > (a1) without limiting paragraph (a), the University may generate revenue for the purpose of funding the promotion of its object and the carrying out of its principal functions,\n> > \n> > > (b) the University may develop and provide cultural, sporting, professional, technical and vocational services to the community,\n> > \n> > > (c) the University has such general and ancillary functions as may be necessary or convenient for enabling or assisting the University to promote the object and interests of the University, or as may complement or be incidental to the promotion of the object and interests of the University,\n> > \n> > > (d) the University has such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (4) The functions of the University may be exercised within or outside the State, including outside Australia.\n> \n> **s 6:** Subst 2001 No 101, Sch 6 \\[2\\]. Am 2014 No 43, Sch 1.3 \\[1\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7 (Repealed)","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Facilities for students, staff and others","content":"#### 8 Facilities for students, staff and others\n\n8 Facilities for students, staff and others\n\n> The University may, for the purposes of or in connection with the exercise of its functions, provide such facilities for its students and staff and other members of the university community as the University considers desirable.\n> \n> **s 8:** Subst 2001 No 101, Sch 6 \\[3\\].","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Council, authorities and officers of the University","content":"# Part 3 The Council, authorities and officers of the University\n\nPart 3 The Council, authorities and officers of the University","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Council","content":"## Division 1 The Council\n\nDivision 1 The Council\n\n**pt 3, div 1, hdg:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Definitions","content":"#### 9 Definitions\n\n9 Definitions\n\n> In this Division—\n> \n> appointed member means a Council appointed member or a Ministerially appointed member.\n> \n> categories of members—see section 9B (3).\n> \n> constitution rules—see section 9B (4).\n> \n> Council appointed member—see section 9F.\n> \n> elected member—see section 9D.\n> \n> external person means a person other than a member of the academic or non-academic staff of the University or an undergraduate or graduate student of the University.\n> \n> graduate member—see section 9E.\n> \n> Ministerially appointed member—see section 9G.\n> \n> official member—see section 9H.\n> \n> **s 9:** Subst 2015 (97), Sch 1 \\[1\\].","sortOrder":13},{"sectionNumber":"9A","sectionType":"section","heading":"The Council","content":"#### 9A The Council\n\n9A The Council\n\n> > (1) There is to be a Council of the University.\n> \n> > (2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.\n> \n> > (3) Schedule 1 has effect in relation to the members and procedure of the Council.\n> \n> **ss 9A–9H:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":14},{"sectionNumber":"9B","sectionType":"section","heading":"Size of Council","content":"#### 9B Size of Council\n\n9B Size of Council\n\n> > (1) The Council is to consist of a minimum of 11, and a maximum of 22, members.\n> \n> > (2) The total number of members is to be determined from time to time by a resolution passed by at least two-thirds of the members of the Council (the total number of members).\n> \n> > (3) The Council is to include the following categories of members—\n> > \n> > > (a) official members,\n> > \n> > > (b) elected members,\n> > \n> > > (c) Council appointed members,\n> > \n> > > (d) Ministerially appointed members.\n> \n> > (4) Subject to subsection (6), the number of members (other than official members) in each category is to be prescribed by rules made by the Council (in this Division called the constitution rules).\n> \n> > (5) A rule for the purposes of subsection (4) may be made only by a resolution passed by at least two-thirds of the members of the Council.\n> \n> > (6) The majority of the total number of members must be external persons.\n> > \n> > Note—\n> > \n> > Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of subsection (6).\n> \n> > (7) The number of members in any one category of members must not at any time constitute a majority of the total number of members.\n> \n> > (8) The Council must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.\n> \n> **ss 9A–9H:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":15},{"sectionNumber":"9C","sectionType":"section","heading":"Qualifications and experience of members","content":"#### 9C Qualifications and experience of members\n\n9C Qualifications and experience of members\n\n> > (1) Of the members of the Council—\n> > \n> > > (a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and\n> > \n> > > (b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).\n> \n> > (2) All appointed members must have expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University.\n> \n> **ss 9A–9H:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":16},{"sectionNumber":"9D","sectionType":"section","heading":"Elected staff and student members","content":"#### 9D Elected staff and student members\n\n9D Elected staff and student members\n\n> > (1) The constitution rules are to prescribe the number of persons to comprise the following categories of members—\n> > \n> > > (a) elected (academic staff) members,\n> > \n> > > (b) elected (non-academic staff) members,\n> > \n> > > (c) elected (student) members.\n> > \n> > Note—\n> > \n> > There may also be elected (graduate) members if the constitution rules so provide—see section 9E.\n> \n> > (2) Of the members elected under this section—\n> > \n> > > (a) at least one must be a member of the academic staff of the University elected by members of the academic staff, and\n> > \n> > > (b) at least one must be a member of the non-academic staff of the University elected by members of the non-academic staff, and\n> > \n> > > (c) at least one must be a student of the University who—\n> > > \n> > > > (i) is not employed on a full-time basis (or on such other basis as the by-laws may prescribe) as a member of the academic or non-academic staff of the University, and\n> > > \n> > > > (ii) is elected by the students of the University.\n> \n> > (3) The members referred to in subsection (2) (a)–(c) are—\n> > \n> > > (a) to have such qualifications as may be prescribed by the by-laws, and\n> > \n> > > (b) to be elected in the manner prescribed by the by-laws.\n> \n> **ss 9A–9H:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":17},{"sectionNumber":"9E","sectionType":"section","heading":"Graduate members","content":"#### 9E Graduate members\n\n9E Graduate members\n\n> > (1) At least one member of the Council, or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.\n> \n> > (2) The constitution rules may provide for the persons referred to in subsection (1) to become members of the Council in any one or more (or combination) of the following ways—\n> > \n> > > (a) by election as elected (graduate) members in the manner prescribed by the by-laws,\n> > \n> > > (b) by appointment by the Council under section 9F,\n> > \n> > > (c) by appointment by the Minister under section 9G.\n> \n> > (3) A rule providing for the appointment of a member by the Minister under section 9G may be made only with the approval of the Minister.\n> \n> > (4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.\n> \n> **ss 9A–9H:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":18},{"sectionNumber":"9F","sectionType":"section","heading":"Council appointed members","content":"#### 9F Council appointed members\n\n9F Council appointed members\n\n> > (1) The Council may appoint as members of the Council such number of external persons as is prescribed by the constitution rules for the category of Council appointed members.\n> \n> > (2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.\n> \n> **ss 9A–9H:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":19},{"sectionNumber":"9G","sectionType":"section","heading":"Ministerially appointed members","content":"#### 9G Ministerially appointed members\n\n9G Ministerially appointed members\n\n> > (1) The Minister may appoint as members of the Council 2 external persons, or such greater number of external persons (not exceeding 6) as is prescribed by the constitution rules for the category of Ministerially appointed members.\n> \n> > (2) The Minister may not appoint a member of the Parliament of New South Wales, the Parliament of the Commonwealth or another State or the Legislative Assembly of a Territory as a Ministerially appointed member.\n> \n> > (3) Without limiting the discretion of the Minister under subsection (1), the Council may suggest to the Minister persons who the Council considers would be appropriate for appointment by the Minister.\n> \n> **ss 9A–9H:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":20},{"sectionNumber":"9H","sectionType":"section","heading":"Official members","content":"#### 9H Official members\n\n9H Official members\n\n> The official members of the Council are the following—\n> \n> > (a) the Chancellor,\n> \n> > (b) the Vice-Chancellor,\n> \n> > (c) the person for the time being holding the office of presiding member of the Academic Board (if the person is not the Vice-Chancellor) or of deputy presiding member of the Academic Board (if the presiding member is the Vice-Chancellor).\n> \n> **ss 9A–9H:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Term of office","content":"#### 10 Term of office\n\n10 Term of office\n\n> > (1) Subject to this Act, a member of the Council holds office as follows—\n> > \n> > > (a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,\n> > \n> > > (b) in the case of a Ministerially appointed member or Council appointed member, for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment,\n> > \n> > > (c) in the case of an elected member other than an elected (graduate) member, for such term (not exceeding 2 years) as may be prescribed by the by-laws,\n> > \n> > > (d) in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.\n> \n> > (2) The need to maintain an appropriate balance of experienced and new members on the Council must be taken into account—\n> > \n> > > (a) by the Council, when making the by-laws required under this section, and\n> > \n> > > (b) by the Minister and the Council, when appointing members to the Council.\n> \n> > (3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Council otherwise resolves in relation to the person).\n> \n> **s 10:** Am 1999 No 85, Sch 1.23 \\[2\\] \\[3\\]. Subst 2004 No 115, Sch 3 \\[2\\]. Am 2005 No 98, Sch 2.53. Subst 2015 (97), Sch 1 \\[1\\].","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Other officers and bodies","content":"## Division 2 Other officers and bodies\n\nDivision 2 Other officers and bodies\n\n**pt 3, div 2, hdg:** Ins 2015 (97), Sch 1 \\[1\\].","sortOrder":23},{"sectionNumber":"11","sectionType":"section","heading":"Chancellor","content":"#### 11 Chancellor\n\n11 Chancellor\n\n> > (1) The Council is to elect a person (whether or not a member of the Council) to be the Chancellor of the University, and is to do so—\n> > \n> > > (a) at its first meeting or as soon as practicable thereafter, and\n> > \n> > > (b) whenever a vacancy in the office of Chancellor occurs.\n> \n> > (2) The Chancellor, unless he or she sooner resigns or is removed from office as Chancellor, holds office for such period (not exceeding 4 years), and on such conditions, as may be prescribed by the by-laws.\n> \n> > (3) The Chancellor has the functions conferred or imposed on the Chancellor by or under this or any other Act.\n> \n> **s 11:** Am 2011 No 51, Sch 3.3 \\[1\\].","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Deputy Chancellor","content":"#### 12 Deputy Chancellor\n\n12 Deputy Chancellor\n\n> > (1) The Council is to elect one of its members to be the Deputy Chancellor of the University, and is to do so—\n> > \n> > > (a) at its first meeting or as soon as practicable thereafter, and\n> > \n> > > (b) whenever a vacancy in the office of Deputy Chancellor occurs.\n> \n> > (2) The Deputy Chancellor, unless he or she sooner resigns or is removed from office as Deputy Chancellor or ceases to be a member of the Council, holds office for 2 years from the date of election and on such conditions as may be prescribed by the by-laws.\n> \n> > (3) In the absence of the Chancellor, or during a vacancy in the office of Chancellor or during the inability of the Chancellor to act, the Deputy Chancellor has all the functions of the Chancellor.\n> \n> **s 12:** Am 2011 No 51, Sch 3.3 \\[2\\].","sortOrder":25},{"sectionNumber":"12A","sectionType":"section","heading":"Removal from office of Chancellor or Deputy Chancellor","content":"#### 12A Removal from office of Chancellor or Deputy Chancellor\n\n12A Removal from office of Chancellor or Deputy Chancellor\n\n> > (1) The Council may remove the Chancellor or Deputy Chancellor from office by a no confidence motion passed in accordance with this section if it considers it in the best interests of the University to do so.\n> \n> > (2) The removal from office may be effected only if the no confidence motion is supported by at least a two-thirds majority of the total number of members for the time being of the Council at two consecutive ordinary meetings of the Council.\n> \n> > (3) The Chancellor or Deputy Chancellor may be removed from office under this section despite section 21G (6) and without the need to establish any breach of duty.\n> \n> > (4) This section applies to the Chancellor and Deputy Chancellor holding office on the commencement of this section and all subsequent holders of those offices.\n> \n> **s 12A:** Ins 2011 No 51, Sch 3.3 \\[3\\].","sortOrder":26},{"sectionNumber":"13","sectionType":"section","heading":"Vice-Chancellor","content":"#### 13 Vice-Chancellor\n\n13 Vice-Chancellor\n\n> > (1) Whenever a vacancy occurs in the office of Vice-Chancellor, the Council is to appoint a person (whether or not a member of the Council) to be the Vice-Chancellor of the University.\n> \n> > (2) The Vice-Chancellor holds office for such period, and on such conditions, as the Council determines.\n> \n> > (3) The Vice-Chancellor is the chief executive officer of the University and has the functions conferred or imposed on the Vice-Chancellor by or under this or any other Act.","sortOrder":27},{"sectionNumber":"14","sectionType":"section","heading":"Visitor","content":"#### 14 Visitor\n\n14 Visitor\n\n> > (1) The Governor is the Visitor of the University but has ceremonial functions only.\n> \n> > (2) Accordingly, the Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).\n> \n> **s 14:** Subst 1994 No 16, Sch 1.","sortOrder":28},{"sectionNumber":"15","sectionType":"section","heading":"Academic Board","content":"#### 15 Academic Board\n\n15 Academic Board\n\n> > (1) There is to be an Academic Board of the University, consisting of—\n> > \n> > > (a) the Vice-Chancellor, and\n> > \n> > > (b) such other persons as the Council may, in accordance with the by-laws, determine.\n> \n> > (2) The constitution and functions of the Academic Board are to be as prescribed by the by-laws, subject to subsection (1).","sortOrder":29},{"sectionNumber":"Part 4","sectionType":"part","heading":"Functions of the Council","content":"# Part 4 Functions of the Council\n\nPart 4 Functions of the Council","sortOrder":30},{"sectionNumber":"16","sectionType":"section","heading":"Functions of Council","content":"#### 16 Functions of Council\n\n16 Functions of Council\n\n> > (1A) The Council—\n> > \n> > > (a) acts for and on behalf of the University in the exercise of the University’s functions, and\n> > \n> > > (b) has the control and management of the affairs and concerns of the University, and\n> > \n> > > (c) may act in all matters concerning the University in such manner as appears to the Council to be best calculated to promote the object and interests of the University.\n> \n> > (1B) Without limiting the functions of the Council under subsection (1A), the Council is, in controlling and managing the affairs and concerns of the University—\n> > \n> > > (a) to monitor the performance of the Vice-Chancellor, and\n> > \n> > > (b) to oversee the University’s performance, and\n> > \n> > > (c) to oversee the academic activities of the University, and\n> > \n> > > (d) to approve the University’s mission, strategic direction, annual budget and business plan, and\n> > \n> > > (e) to oversee risk management and risk assessment across the University (including, if necessary, taking reasonable steps to obtain independent audit reports of entities in which the University has an interest but which it does not control or with which it has entered into a joint venture), and\n> > \n> > > (e1) without limiting paragraph (e), to enter into or participate in arrangements or transactions, or combinations of arrangements or transactions, to effect financial adjustments for the management of financial risks, and\n> > \n> > > (f) to approve and monitor systems of control and accountability for the University (including in relation to controlled entities within the meaning of section 16A), and\n> > \n> > > (g) to approve significant University commercial activities (within the meaning of section 21A), and\n> > \n> > > (h) to establish policies and procedural principles for the University consistent with legal requirements and community expectations, and\n> > \n> > > (i) to ensure that the University’s grievance procedures, and information concerning any rights of appeal or review conferred by or under any Act, are published in a form that is readily accessible to the public, and\n> > \n> > > (j) to regularly review its own performance (in light of its functions and obligations imposed by or under this or any other Act), and\n> > \n> > > (k) to adopt a statement of its primary responsibilities, and\n> > \n> > > (l) to make available for members of the Council a program of induction and of development relevant to their role as such a member.\n> \n> > (1) Without limiting the functions of the Council under subsection (1A), the Council may, for and on behalf of the University in the exercise of the University’s functions—\n> > \n> > > (a) provide such courses, and confer such degrees and award such diplomas and other certificates and awards, as it thinks fit, and\n> > \n> > > (b) appoint and terminate the appointment of academic and other staff of the University, and\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) obtain financial accommodation (including, without limitation, by the borrowing or raising of money) and do all things necessary or convenient to be done in connection with obtaining financial accommodation, and\n> > \n> > > (e) invest any funds belonging to or vested in the University, and\n> > \n> > > (f) promote, establish or participate in (whether by means of debt, equity, contribution of assets or by other means) partnerships, trusts, companies and other incorporated bodies, or joint ventures (whether or not incorporated), and\n> > \n> > > (g) (Repealed)\n> > \n> > > (h) establish and maintain branches, campuses and colleges of the University, within the University and elsewhere, and\n> > \n> > > (i) make loans and grants to students, and\n> > \n> > > (j) impose fees, charges and fines.\n> \n> > (2) The functions of the Council under this section are to be exercised subject to the by-laws.\n> \n> > (3) Schedule 2 has effect in relation to the investment of funds by the Council.\n> \n> Note—\n> \n> Division 7.3 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) regulates the provision of annual reporting information to Parliament by the Council and requires the Council to report on the University’s operations.\n> \n> **s 16:** Am 1996 No 24, Sch 1; 2001 No 101, Sch 6 \\[4\\]–\\[11\\]; 2004 No 115, Sch 3 \\[3\\]; 2014 No 43, Sch 1.3 \\[2\\]; 2017 No 22, Sch 1.17 \\[1\\]–\\[3\\].\n> \n> **s 16, note:** Ins 2004 No 115, Sch 3 \\[4\\]. Am 2018 No 70, Sch 4.92\\[1\\].","sortOrder":32},{"sectionNumber":"16A","sectionType":"section","heading":"Controlled entities","content":"#### 16A Controlled entities\n\n16A Controlled entities\n\n> > (1) The Council must ensure that a controlled entity does not exercise any function or engage in any activity that the University is not authorised by or under this Act to exercise or engage in, except to the extent that the Council is permitted to do so by the Minister under this section.\n> \n> > (2) The Minister may, by order in writing, permit the Council to authorise a controlled entity to exercise a function or engage in an activity of the kind referred to in subsection (1). Permission may be given in respect of a specified function or activity or functions or activities of a specified class.\n> \n> > (3) The Governor may make regulations providing that subsection (1) does not apply to functions or activities of a specified class.\n> \n> > (4) Nothing in the preceding subsections confers power on a controlled entity to engage in any activity.\n> \n> > (5) Nothing in the preceding subsections affects any obligations imposed on a controlled entity by or under any Act or law, other than an obligation imposed on the controlled entity by the Council at its discretion.\n> \n> > (5A) The Council is, as far as is reasonably practicable, to ensure—\n> > \n> > > (a) that the governing bodies of controlled entities—\n> > > \n> > > > (i) possess the expertise and experience necessary to provide proper stewardship and control, and\n> > > \n> > > > (ii) comprise, where possible, at least some members who are not members of the Council or members of staff, or students, of the University, and\n> > > \n> > > > (iii) adopt and evaluate their own governance principles, and\n> > > \n> > > > (iv) document, and keep updated, a corporate or business strategy containing achievable and measurable performance targets, and\n> > \n> > > (b) that a protocol is established regarding reporting by governing bodies of controlled entities to the Council.\n> \n> > (6) In this section—\n> > \n> > controlled entity means a controlled entity (within the meaning of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)) of the University or Council.\n> \n> **s 16A:** Ins 2001 No 101, Sch 6 \\[12\\]. Am 2004 No 115, Sch 3 \\[5\\]–\\[7\\]; 2018 No 70, Sch 4.92\\[2\\].","sortOrder":33},{"sectionNumber":"17","sectionType":"section","heading":"Delegation by Council","content":"#### 17 Delegation by Council\n\n17 Delegation by Council\n\n> > (1) The Council may delegate any of its functions, other than this power of delegation, to—\n> > \n> > > (a) a member or committee of the Council, or\n> > \n> > > (b) an authority or officer of the University, or\n> > \n> > > (c) a person or body prescribed by the by-laws.\n> \n> > (2) A person or body to whom or which a function is delegated under this section must not sub-delegate the function.\n> \n> > (3) The Vice-Chancellor may sub-delegate a function if—\n> > \n> > > (a) the Council’s delegation to the Vice-Chancellor authorises the sub-delegation of the function, and\n> > \n> > > (b) the function is sub-delegated to a person or body referred to in subsection (1)(a)–(c).\n> \n> **s 17:** Subst 2024 No 66, Sch 3\\[1\\].","sortOrder":34},{"sectionNumber":"17A","sectionType":"section","heading":"Operation of certain Acts","content":"#### 17A Operation of certain Acts\n\n17A Operation of certain Acts\n\n> Nothing in this Act limits or otherwise affects the operation of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) or the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152) to or in respect of the University or the Council.\n> \n> **s 17A:** Ins 2001 No 101, Sch 6 \\[13\\]. Am 2018 No 70, Sch 4.92\\[3\\].","sortOrder":35},{"sectionNumber":"17B","sectionType":"section","heading":"Recommendations of Ombudsman or Auditor-General","content":"#### 17B Recommendations of Ombudsman or Auditor-General\n\n17B Recommendations of Ombudsman or Auditor-General\n\n> The Council must include in each annual report of the Council as part of the report of its operations a report as to any action taken by the Council during the period to which the report relates to implement any recommendation made in a report of the Ombudsman or the Auditor-General concerning the Council or the University—\n> \n> > (a) whether or not the recommendation relates to a referral by the Minister under section 21E, and\n> \n> > (b) whether or not the recommendation relates to a University commercial activity (as defined in section 21A).\n> \n> **s 17B:** Ins 2001 No 101, Sch 6 \\[13\\].","sortOrder":36},{"sectionNumber":"18","sectionType":"section","heading":"Powers of Council relating to University property","content":"#### 18 Powers of Council relating to University property\n\n18 Powers of Council relating to University property\n\n> > (1) The Council has the control and management of land and other property vested in the University.\n> \n> > (2) The Council may, for the purposes of this Act—\n> > \n> > > (a) acquire land and other property, and\n> > \n> > > (b) agree to carry out conditions of the acquisition of the land or other property, and\n> > \n> > > (c) grant easements and covenants over land vested in the University, and\n> > \n> > > (d) subject to subsections (3) and (4), dispose of or otherwise deal with the following—\n> > > \n> > > > (i) land vested in the University,\n> > > \n> > > > (ii) other property of the University.\n> \n> > (3) The Council must not sell, mortgage, charge or lease relevant land without the Minister’s approval.\n> \n> > (4) Despite subsection (3), the Council does not require the Minister’s approval to—\n> > \n> > > (a) lease relevant land if—\n> > > \n> > > > (i) the term of the lease is no more than 21 years, and\n> > > \n> > > > (ii) the Council is satisfied the leasing of the land is consistent with the object and functions of the University under section 6, or\n> > \n> > > (b) lease relevant land if—\n> > > \n> > > > (i) the term of the lease is no more than 99 years, and\n> > > \n> > > > (ii) the leasing of the land is for the purposes of utilities infrastructure or utilities services, or\n> > \n> > > (c) enter into a planning agreement under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 7.4 if the agreement does not require the University to dedicate relevant land free of cost.\n> \n> > (5) The rule of law against remoteness of vesting does not apply to a condition of the acquisition of property to which the University has agreed.\n> \n> > (6) In this section—\n> > \n> > acquire includes acquire by purchase, gift, grant, bequest or devise.\n> > \n> > other property means property other than land.\n> > \n> > relevant land means land acquired by the University from the State at nominal or less than market value.\n> \n> **s 18:** Am 1994 No 16, Sch 1; 2014 No 43, Sch 1.3 \\[3\\]–\\[5\\]; 2017 No 22, Sch 1.17 \\[4\\]; 2017 No 23, Sch 1.3. Subst 2024 No 66, Sch 3\\[2\\].","sortOrder":38},{"sectionNumber":"19","sectionType":"section","heading":"Powers of Council over certain property vested in Crown","content":"#### 19 Powers of Council over certain property vested in Crown\n\n19 Powers of Council over certain property vested in Crown\n\n> > (1) Where any property used for the conduct of the University is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the Council has the control and management of that property and is responsible for its maintenance.\n> \n> > (2) Nothing in subsection (1) enables the Council to alienate, mortgage, charge or demise any land vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise).\n> \n> > (3) Despite subsection (2), the Council may (on behalf of the Crown or a Minister of the Crown) lease land of which it has, pursuant to this section, the control and management.\n> \n> > (4) Such a lease—\n> > \n> > > (a) must not be granted for a term (including any option for the grant of a further term) exceeding 21 years except with the approval of the Minister, and\n> > \n> > > (b) is to contain a condition that the lease is not to be assigned and such other conditions as the Council thinks fit.\n> \n> > (5) The Council is, in the exercise of its functions under this section, subject to the control and direction of the Minister.\n> \n> > (6) This section does not apply to land used for the conduct of a campus of the University at Coffs Harbour pursuant to arrangements referred to in section 22 (Provision of joint education facility at Coffs Harbour).\n> \n> **s 19:** Am 2014 No 43, Sch 1.3 \\[6\\].","sortOrder":39},{"sectionNumber":"20","sectionType":"section","heading":"Acquisition of land","content":"#### 20 Acquisition of land\n\n20 Acquisition of land\n\n> > (1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) The Minister may do so only if the University—\n> > \n> > > (a) applies to the Minister for acquisition of the land, and\n> > \n> > > (b) makes provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).\n> \n> > (3) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (4) Sections 34, 35, 36 and 37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed under this section.","sortOrder":40},{"sectionNumber":"21","sectionType":"section","heading":"Grant or transfer of certain land to University","content":"#### 21 Grant or transfer of certain land to University\n\n21 Grant or transfer of certain land to University\n\n> > (1) If land on which the University is conducted is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the land may—\n> > \n> > > (a) if it is vested in the Crown—be transferred to the University subject to such trusts, conditions, covenants, provisions, exceptions and reservations as the Minister for Land and Water Conservation thinks fit, or\n> > \n> > > (b) if it is vested in a Minister of the Crown—be conveyed or transferred to the University for such estate, and subject to such trusts and rights of way or other easements, as the Minister in whom the land is vested thinks fit.\n> \n> > (2) A conveyance, transfer or other instrument executed for the purposes of this section—\n> > \n> > > (a) is not liable to stamp duty under the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047), and\n> > \n> > > (b) may be registered under any Act without fee.","sortOrder":41},{"sectionNumber":"Division 3","sectionType":"division","heading":"Commercial activities","content":"## Division 3 Commercial activities\n\nDivision 3 Commercial activities\n\n**pt 4, div 3:** Ins 2001 No 101, Sch 6 \\[14\\].","sortOrder":42},{"sectionNumber":"21A","sectionType":"section","heading":"Definitions","content":"#### 21A Definitions\n\n21A Definitions\n\n> In this Division—\n> \n> the Guidelines means the guidelines determined for the time being under section 21B.\n> \n> University commercial activity means—\n> \n> > (a) any activity engaged in by or on behalf of the University in the exercise of commercial functions of the University, and\n> \n> > (b) any other activity comprising the promotion of, establishment of or participation in any partnership, trust, company or other incorporated body, or joint venture, by or on behalf of the University, that is for the time being declared by the Guidelines to be a University commercial activity.\n> \n> **s 21A:** Ins 2001 No 101, Sch 6 \\[14\\]. Am 2014 No 43, Sch 1.3 \\[7\\].","sortOrder":43},{"sectionNumber":"21B","sectionType":"section","heading":"Guidelines for commercial activities","content":"#### 21B Guidelines for commercial activities\n\n21B Guidelines for commercial activities\n\n> > (1) The Council must by resolution determine, and must maintain, Guidelines requiring specified processes and procedures to be followed in connection with University commercial activities.\n> \n> > (2) The Council may by resolution amend or replace the Guidelines from time to time.\n> \n> > (3) Without limitation, the Guidelines may contain provision for or with respect to the following in connection with University commercial activities—\n> > \n> > > (a) requiring feasibility and due diligence assessment,\n> > \n> > > (b) requiring the identification of appropriate governance and administrative arrangements (including as to legal structures and audit requirements),\n> > \n> > > (c) requiring the undertaking of risk assessment and risk management measures,\n> > \n> > > (d) regulating and imposing requirements concerning the delegation by the Council of any of its functions under this Act in connection with University commercial activities,\n> > \n> > > (e) declaring a specified activity to be a University commercial activity for the purposes of paragraph (b) of the definition of that expression in section 21A,\n> > \n> > > (f) establishing a protocol regarding the rights and responsibilities of members of the Council in relation to commercialisation, with a view to avoiding real or apparent conflicts of interest.\n> \n> > (4) The Council must ensure that the Guidelines are complied with.\n> \n> > (5), (6) (Repealed)\n> \n> **s 21B:** Ins 2001 No 101, Sch 6 \\[14\\]. Am 2014 No 43, Sch 1.3 \\[8\\] \\[9\\].","sortOrder":44},{"sectionNumber":"21C","sectionType":"section","heading":"Register of commercial activities","content":"#### 21C Register of commercial activities\n\n21C Register of commercial activities\n\n> > (1) The Council is to maintain a Register of University commercial activities and is to enter and keep in the Register the following details of each of those activities—\n> > \n> > > (a) a description of the activity,\n> > \n> > > (b) details of all parties who participate in the activity,\n> > \n> > > (c) details of any appointment by or on behalf of the University to relevant boards or other governing bodies,\n> > \n> > > (d) details of any meetings at which relevant matters were considered and approved for the purposes of compliance with the Guidelines,\n> > \n> > > (e) such other details as the Guidelines may require.\n> \n> > (2) The Guidelines may make provision for the following—\n> > \n> > > (a) exempting specified activities or activities of a specified class from all or specified requirements of this section,\n> > \n> > > (b) altering the details to be included in the Register in respect of specified activities or activities of a specified class,\n> > \n> > > (c) enabling related activities to be treated as a single activity for the purposes of the Register.\n> \n> > (3) The Council must comply with any request by the Minister to provide the Minister with a copy of the Register or any extract from the Register.\n> \n> **ss 21C–21E:** Ins 2001 No 101, Sch 6 \\[14\\].","sortOrder":45},{"sectionNumber":"21D","sectionType":"section","heading":"Reports to Minister on commercial activities","content":"#### 21D Reports to Minister on commercial activities\n\n21D Reports to Minister on commercial activities\n\n> > (1) The Minister may request a report from the Council as to University commercial activities or as to any particular University commercial activity or aspect of a University commercial activity.\n> \n> > (2) The Council must provide a report to the Minister in accordance with the Minister’s request.\n> \n> **ss 21C–21E:** Ins 2001 No 101, Sch 6 \\[14\\].","sortOrder":46},{"sectionNumber":"21E","sectionType":"section","heading":"Referral of matters to Ombudsman or Auditor-General","content":"#### 21E Referral of matters to Ombudsman or Auditor-General\n\n21E Referral of matters to Ombudsman or Auditor-General\n\n> The Minister may refer a University commercial activity or any aspect of a University commercial activity (whether or not the subject of a report by the Council to the Minister)—\n> \n> > (a) to the Auditor-General for investigation and report to the Minister, or\n> \n> > (b) as a complaint to the Ombudsman that may be investigated by the Ombudsman as a complaint under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068).\n> \n> **ss 21C–21E:** Ins 2001 No 101, Sch 6 \\[14\\].","sortOrder":47},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Duties of Council members","content":"# Part 4A Duties of Council members\n\nPart 4A Duties of Council members\n\n**pt 4A (ss 21F, 21G):** Ins 2004 No 115, Sch 3 \\[8\\].","sortOrder":48},{"sectionNumber":"21F","sectionType":"section","heading":"Duties of Council members","content":"#### 21F Duties of Council members\n\n21F Duties of Council members\n\n> The members of the Council have the duties set out in Schedule 2A.\n> \n> **pt 4A (ss 21F, 21G):** Ins 2004 No 115, Sch 3 \\[8\\].","sortOrder":49},{"sectionNumber":"21G","sectionType":"section","heading":"Removal from office for breach of duty","content":"#### 21G Removal from office for breach of duty\n\n21G Removal from office for breach of duty\n\n> > (1) The Council may remove a member of the Council from office for breach of a duty set out in Schedule 2A.\n> \n> > (2) The removal from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed from office for breach of duty) was duly given.\n> \n> > (3) The removal from office may be effected only if the motion for removal is supported by at least a two-thirds majority of the total number of members for the time being of the Council.\n> \n> > (4) The motion for removal must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.\n> \n> > (5) If the member to whom the motion for removal refers does not attend the meeting, a reasonable opportunity to reply to the motion is taken to have been given if notice of the meeting has been duly given.\n> \n> > (6) A member of the Council may not be removed from office by the Council for breach of duty except pursuant to this section.\n> \n> **pt 4A (ss 21F, 21G):** Ins 2004 No 115, Sch 3 \\[8\\].","sortOrder":50},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"# Part 5 General\n\nPart 5 General","sortOrder":51},{"sectionNumber":"22","sectionType":"section","heading":"Provision of joint education facility at Coffs Harbour","content":"#### 22 Provision of joint education facility at Coffs Harbour\n\n22 Provision of joint education facility at Coffs Harbour\n\n> > (1) The University may enter into arrangements with the TAFE Commission, the Minister administering the [Education Act 1990](/view/html/inforce/current/act-1990-008) and the Director-General of School Education for the purpose of the provision of university education, technical and further education and senior secondary schooling at a university campus, TAFE college and school comprising a joint facility at Coffs Harbour.\n> \n> > (2) For the purposes of the arrangements, the joint facility may be established as a campus of the University, a TAFE college and a school.\n> \n> **s 22:** Am 2017 No 63, Sch 4.44.","sortOrder":52},{"sectionNumber":"23","sectionType":"section","heading":"Advance by Treasurer","content":"#### 23 Advance by Treasurer\n\n23 Advance by Treasurer\n\n> The Treasurer may, with the approval of the Governor, advance to the Council money for the temporary accommodation of the University on such terms and conditions in relation to repayment and interest as may be agreed.","sortOrder":53},{"sectionNumber":"23A","sectionType":"section","heading":"Stamp duty exemption","content":"#### 23A Stamp duty exemption\n\n23A Stamp duty exemption\n\n> > (1) Unless the Treasurer otherwise directs in a particular case, neither the University nor the Council is liable to duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123), in respect of anything done by the University or Council for the purposes of the borrowing of money or the investment of funds of the University under this Act.\n> \n> > (2) The Treasurer may direct in writing that any other specified person is not liable to duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) in respect of anything done for the purposes of the borrowing of money or the investment of funds of the University under this Act, and the direction has effect accordingly.\n> \n> **s 23A:** Ins 2001 No 101, Sch 6 \\[15\\].","sortOrder":54},{"sectionNumber":"24","sectionType":"section","heading":"Financial year","content":"#### 24 Financial year\n\n24 Financial year\n\n> The financial year of the University is—\n> \n> > (a) if no period is prescribed as referred to in paragraph (b)—the year commencing on 1 January, or\n> \n> > (b) the period prescribed by the by-laws for the purposes of this section.","sortOrder":55},{"sectionNumber":"25","sectionType":"section","heading":"No religious test or political discrimination","content":"#### 25 No religious test or political discrimination\n\n25 No religious test or political discrimination\n\n> A person must not, because of his or her religious or political affiliations, views or beliefs, be denied admission as a student of the University or be ineligible to hold office in, to graduate from or to enjoy any benefit, advantage or privilege of the University.","sortOrder":56},{"sectionNumber":"26","sectionType":"section","heading":"Exemption from membership of body corporate","content":"#### 26 Exemption from membership of body corporate\n\n26 Exemption from membership of body corporate\n\n> A student or graduate of the University or a member of staff of the University is entitled to be exempted by the Council, on grounds of conscience, from membership of the body corporate of the University.","sortOrder":57},{"sectionNumber":"27","sectionType":"section","heading":"Re-appointment or re-election","content":"#### 27 Re-appointment or re-election\n\n27 Re-appointment or re-election\n\n> Nothing in this Act prevents any person from being re-appointed or re-elected to any office under this Act if the person is eligible and otherwise qualified to hold that office.","sortOrder":58},{"sectionNumber":"28","sectionType":"section","heading":"Seal of University","content":"#### 28 Seal of University\n\n28 Seal of University\n\n> The seal of the University is to be kept in such custody as the Council may direct and is only to be affixed to a document pursuant to a resolution of the Council.\n> \n> Note—\n> \n> Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> **s 28:** Am 2013 No 47, Sch 1.28 \\[1\\].","sortOrder":59},{"sectionNumber":"29","sectionType":"section","heading":"By-laws","content":"#### 29 By-laws\n\n29 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 any of the following—\n> > \n> > > (a) the management, good government and discipline of the University,\n> > \n> > > (b) the method of election of members of the Council who are to be elected,\n> > \n> > > (c) the manner and time of convening, holding and adjourning the meetings of the Council or Academic Board,\n> > \n> > > (d) the manner of voting (including postal voting or voting by proxy) at meetings of the Council or Academic Board,\n> > \n> > > (e) the functions of the presiding member of the Council or Academic Board,\n> > \n> > > (f) the conduct and record of business of the Council or Academic Board,\n> > \n> > > (g) the appointment of committees of the Council or Academic Board,\n> > \n> > > (h) the quorum and functions of committees of the Council or Academic Board,\n> > \n> > > (i) the resignation of members of the Council, the Chancellor, the Deputy Chancellor or the Vice-Chancellor,\n> > \n> > > (j) the tenure of office, stipend and functions of the Vice-Chancellor,\n> > \n> > > (k) the designation of members of staff of the University as academic staff, non-academic staff, full-time staff, part-time staff or otherwise,\n> > \n> > > (l) the number, stipend, manner of appointment and dismissal of officers and employees of the University,\n> > \n> > > (m) admission to, enrolment in and exclusion from courses of studies,\n> > \n> > > (n) the payment of such fees and charges, including fines, as the Council considers necessary, including fees and charges to be paid in respect of any of the following—\n> > > \n> > > > (i) entrance to the University,\n> > > \n> > > > (ii) tuition,\n> > > \n> > > > (iii) lectures and classes,\n> > > \n> > > > (iv) examinations,\n> > > \n> > > > (v) residence,\n> > > \n> > > > (vi) the conferring of degrees and the awarding of diplomas and other certificates and awards,\n> > > \n> > > > (vii) the provision of amenities and services, whether or not of an academic nature,\n> > > \n> > > > (viii) an organisation of students or of students and other persons,\n> > \n> > > (o) the exemption from, or deferment of, payment of fees and charges, including fines,\n> > \n> > > (p) without limiting the operation of paragraphs (n) and (o), the imposition and payment of penalties for parking and traffic infringements,\n> > \n> > > (q) the courses of lectures or studies for, the assessments for and the granting of degrees, diplomas, certificates, awards and honours and the attendance of candidates for degrees, diplomas, certificates, awards and honours,\n> > \n> > > (r) the assessments for, and the granting of, fellowships, scholarships, exhibitions, bursaries and prizes,\n> > \n> > > (s) the admission of students and former students of other universities and institutions of higher education to any status within the University or the granting to graduates of such universities or institutions, or other persons, of degrees or diplomas without examination,\n> > \n> > > (t) the establishment and conduct of places of accommodation for students (including residential colleges and halls of residence within the University) and the affiliation of residential colleges,\n> > \n> > > (u) the affiliation with the University of any educational or research establishment,\n> > \n> > > (v) the creation of faculties, schools, departments, centres or other entities within the University,\n> > \n> > > (w) the provision of schemes of superannuation for the officers and employees of the University,\n> > \n> > > (x) the form and use of academic costume,\n> > \n> > > (y) the form and use of an emblem of the University or of any body within or associated with the University,\n> > \n> > > (z) the use of the seal of the University,\n> > \n> > > (aa) the making, publication and inspection of rules.\n> \n> > (2) A by-law has no effect unless it has been approved by the Governor.\n> \n> **s 29:** Am 2004 No 115, Sch 3 \\[9\\] \\[10\\].","sortOrder":60},{"sectionNumber":"30","sectionType":"section","heading":"Rules","content":"#### 30 Rules\n\n30 Rules\n\n> > (1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 9D (3) (a), 9E (4), 9F (2), 10 (1) (c) and (d), 11 (2), 16 (1) (d) and (e), 24 and 29 (1) (k) and clause 3 of Schedule 1 (to the extent it relates to appointments).\n> \n> > (1A) Despite subsection (1), only the Council may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 9D (3) (b), 9E (2) (a) and 29 (1) (b) and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules).\n> \n> > (1B) Election rules must be consistent with sound and democratic electoral practices, procedures and methods of voting.\n> \n> > (1C) The Council must ensure that any election rule it makes is made readily available to the public by whatever means the Council considers appropriate as soon as practicable after it is made.\n> \n> > (2) A rule—\n> > \n> > > (a) has the same force and effect as a by-law, and\n> > \n> > > (b) may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and\n> > \n> > > (c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and\n> > \n> > > (d) must indicate the authority or officer who made the rule and that it is made under this section.\n> \n> > (3) In the event of an inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.\n> \n> > (4) The fact that a provision of this Act specifically provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.\n> \n> **s 30:** Subst 2004 No 115, Sch 3 \\[11\\]. Am 2014 No 43, Sch 1.3 \\[10\\]–\\[13\\]; 2015 (97), Sch 1 \\[2\\] \\[3\\].","sortOrder":61},{"sectionNumber":"31","sectionType":"section","heading":"Recovery of charges, fees and other money","content":"#### 31 Recovery of charges, fees and other money\n\n31 Recovery of charges, fees and other money\n\n> Any charge, fee or money due to the University under this Act may be recovered as a debt in any court of competent jurisdiction.","sortOrder":62},{"sectionNumber":"32","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 32 Savings and transitional provisions\n\n32 Savings and transitional provisions\n\n> Schedule 3 has effect.","sortOrder":63},{"sectionNumber":"33","sectionType":"section","heading":null,"content":"#### 33\n\n33 (Repealed)","sortOrder":64},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of the Council","content":"# Schedule 1 Provisions relating to members and procedure of the Council\n\nSchedule 1 Provisions relating to members and procedure of the Council\n\n(Section 9A (3))\n\n**sch 1:** Am 1999 No 94, sec 7 (3) and Sch 5, Part 3; 2001 No 101, Sch 6 \\[16\\]; 2004 No 115, Sch 3 \\[12\\] \\[13\\]; 2011 No 51, Sch 3.3 \\[4\\] \\[5\\]; 2015 (97), Sch 1 \\[4\\]–\\[7\\].","sortOrder":66},{"sectionNumber":"6A","sectionType":"section","heading":"Use of technology","content":"#### 6A Use of technology\n\n6A Use of technology\n\n> > (1) Without limiting clause 6, a meeting of the Council may be called or held using any technology consented to by all the members of the Council.\n> \n> > (2) The consent may be a standing one.\n> \n> > (3) A member may only withdraw his or her consent a reasonable period before the meeting.\n> \n> > (4) If the members are not all in attendance at one place and are holding a meeting using technology that permits each member to communicate with other members—\n> > \n> > > (a) the members are, for the purpose of every provision of this Act and by-laws concerning meetings of the Council, taken to be assembled together at a meeting and to be present at that meeting, and\n> > \n> > > (b) all proceedings of those members conducted in that manner are as valid and effective as if conducted at a meeting at which all of them were present.","sortOrder":73},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Investment","content":"# Schedule 2 Investment\n\nSchedule 2 Investment\n\n(Section 16)\n\n**sch 2:** Am 2001 No 101, Sch 6 \\[17\\]; 2014 No 43, Sch 1.3 \\[14\\] \\[15\\].","sortOrder":78},{"sectionNumber":"2A","sectionType":"section","heading":"Funds managers","content":"#### 2A Funds managers\n\n2A Funds managers\n\n> > (1) The Council may engage a funds manager to act in relation to the management of the funds belonging to or vested in the University.\n> \n> > (2) Such a funds manager may on behalf of the Council invest funds of the University in any investment in which the funds manager is authorised to invest its own funds or other funds.","sortOrder":81},{"sectionNumber":"Schedule 2A","sectionType":"schedule","heading":"Duties of Council members","content":"# Schedule 2A Duties of Council members\n\nSchedule 2A Duties of Council members\n\n(Section 21F)\n\n**sch 2A:** Ins 2004 No 115, Sch 3 \\[14\\]. Am 2008 No 23, Sch 3.42; 2010 No 19, Sch 3.97 \\[1\\] \\[2\\]; 2013 No 47, Sch 1.28 \\[2\\].","sortOrder":84},{"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 32)\n\n**sch 3:** Am 1994 No 16, Sch 1; 1999 No 85, Sch 1.23 \\[4\\]; 2001 No 101, Sch 6 \\[18\\]; 2004 No 115, Sch 3 \\[15\\]–\\[17\\]; 2005 No 64, Sch 2.50; 2014 No 43, Sch 1.3 \\[16\\] \\[17\\]; 2015 (97), Sch 1 \\[8\\]; 2017 No 22, Sch 1.17 \\[5\\].","sortOrder":90},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":124},{"sectionNumber":"29A","sectionType":"section","heading":"Appointed members","content":"#### 29A Appointed members\n\n29A Appointed members\n\n> If, on the commencement of the amendments to section 10 made by Schedule 1 to the [Statute Law (Miscellaneous Provisions) Act (No 2) 1999](/view/html/repealed/current/act-1999-085), the membership of the Council fails to comply with section 10 (4) as so amended, then, for the purposes of clause 3 (1) of Schedule 1 to this Act, there is taken to be a vacancy in the office of the member in respect of which the failure exists.","sortOrder":126},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions consequent on enactment of Universities Legislation Amendment (Financial and Other Powers) Act 2001","content":"# Part 7 Provisions consequent on enactment of Universities Legislation Amendment (Financial and Other Powers) Act 2001\n\nPart 7 Provisions consequent on enactment of [Universities Legislation Amendment (Financial and Other Powers) Act 2001](/view/html/repealed/current/act-2001-101)","sortOrder":127},{"sectionNumber":"Part 8","sectionType":"part","heading":"Provisions consequent on enactment of University Legislation Amendment Act 2004","content":"# Part 8 Provisions consequent on enactment of University Legislation Amendment Act 2004\n\nPart 8 Provisions consequent on enactment of [University Legislation Amendment Act 2004](/view/html/repealed/current/act-2004-115)","sortOrder":130},{"sectionNumber":"34","sectionType":"section","heading":"Constitution of Council","content":"#### 34 Constitution of Council\n\n34 Constitution of Council\n\n> > (1) Subject to this Act, on the relevant day—\n> > \n> > > (a) a person holding office under former section 10 (2) ceases to hold that office, and\n> > \n> > > (b) a person holding office under former section 10 (4) (a) or (b) or (6) is taken to be appointed as a member under new section 10 (1) (g), (b) or (c), respectively, for the balance of the person’s term of office, and\n> > \n> > > (c) a person holding office under former section 10 (5) (a), (b) or (c) is taken to be elected as a member under new section 10 (1) (d), (e) or (f), respectively, for the balance of the person’s term of office.\n> \n> > (2) The Council is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that the Council is duly constituted under new section 10 as soon as is reasonably practicable after the relevant day.\n> \n> > (3) For the purposes of making the by-laws referred to in subclause (2), the Council must be constituted so as to include all of the members required to be appointed under new section 10 (1) (b).\n> \n> > (4) The Council is taken to be properly constituted until such time as it is constituted in accordance with new section 10.\n> \n> > (5) A casual vacancy occurring in the office of a member before the Council is duly constituted under new section 10 is to be filled as follows—\n> > \n> > > (a) if the vacancy occurs in the office of a member appointed under new section 10 (1) (b), the Minister is to appoint a person whom the Minister considers appropriate,\n> > \n> > > (b) if the vacancy occurs in the office of a member appointed under new section 10 (1) (c), the Council is to appoint a person whom the Council considers appropriate,\n> > \n> > > (c) if the vacancy occurs in the office of a member elected under new section 10 (1) (d) or (e), the Council is to appoint a person qualified to hold that office,\n> > \n> > > (d) if the vacancy occurs in the office of a member elected under new section 10 (1) (f), the Council is to appoint a person qualified to hold that office following consultation with the relevant student body or bodies recognised by the Council,\n> > \n> > > (e) if the vacancy occurs in the office of a member appointed under new section 10 (1) (g), the Council is to appoint a person qualified to hold that office following consultation with the alumni association or body for the University.\n> \n> > (6) Subject to this Act, a member appointed under subclause (5) holds office from the time that person is appointed under that subclause until the expiry of the term of that member’s predecessor.\n> \n> > (7) Subject to this Act, if, on the expiry—\n> > \n> > > (a) of a member’s term of office that is continued under subclause (1) (b) or (c), or\n> > \n> > > (b) in the case of a member appointed under subclause (5), of the term of office of the member’s predecessor,\n> > \n> > the by-laws necessary to enable a person to be duly appointed or elected (as the case may be) to that office under new section 10 are not yet in force, the member may continue to hold that office until such time as a person is so duly appointed or elected.\n> \n> > (8) For the purposes of subclause (1), a member filling a casual vacancy and holding office immediately before the relevant day is taken to hold that office immediately before the relevant day under the provision under which the member’s predecessor was elected or appointed.\n> \n> > (9) A person who ceases to hold office under subclause (1) (a)—\n> > \n> > > (a) is not entitled to any remuneration or compensation because of loss of that office, and\n> > \n> > > (b) is eligible (subject to this Act and if otherwise qualified) to be appointed as a member.","sortOrder":133},{"sectionNumber":"35","sectionType":"section","heading":"Maximum incumbency for Council members","content":"#### 35 Maximum incumbency for Council members\n\n35 Maximum incumbency for Council members\n\n> > (1) Consecutive years of office served by a member of the Council immediately before the relevant day are to be taken into account in applying clause 1 (3) of Schedule 1 in respect of the member.\n> \n> > (2) However, clause 1 (3) of Schedule 1 does not affect the operation of clause 34 (1) (b) or (c) or (7) of this Schedule.","sortOrder":134},{"sectionNumber":"36","sectionType":"section","heading":"Application of section 21G","content":"#### 36 Application of section 21G\n\n36 Application of section 21G\n\n> Section 21G, as inserted by the amending Act, applies only in relation to breaches of duty constituted by acts or omissions occurring after the relevant day.","sortOrder":135},{"sectionNumber":"37","sectionType":"section","heading":"Effect of amendments on existing by-laws and rules","content":"#### 37 Effect of amendments on existing by-laws and rules\n\n37 Effect of amendments on existing by-laws and rules\n\n> > (1) Any by-law in force immediately before the relevant day is taken to have been validly made under this Act (as amended by the amending Act) but only to the extent to which it could validly have been made immediately after that day.\n> \n> > (2) Any rule in force immediately before the relevant day that could validly have been made immediately before that day is taken to have been validly made under this Act as amended by the amending Act.\n> \n> > (3) On and after 1 September 2005, subclause (2) does not validate any rule in force immediately before the relevant day that could not have been validly made after the relevant day.","sortOrder":136},{"sectionNumber":"38","sectionType":"section","heading":"Continuation of Council","content":"#### 38 Continuation of Council\n\n38 Continuation of Council\n\n> No amendment made by the amending Act affects the continuity of the Council.","sortOrder":137},{"sectionNumber":"Part 9","sectionType":"part","heading":"Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014","content":"# Part 9 Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014\n\nPart 9 Provisions consequent on enactment of [Universities Legislation Amendment (Regulatory Reforms) Act 2014](/view/html/inforce/current/act-2014-043)","sortOrder":138},{"sectionNumber":"39","sectionType":"section","heading":"Definition","content":"#### 39 Definition\n\n39 Definition\n\n> In this Part—\n> \n> amending Act means the [Universities Legislation Amendment (Regulatory Reforms) Act 2014](/view/html/inforce/current/act-2014-043).","sortOrder":139},{"sectionNumber":"40","sectionType":"section","heading":"Guidelines for commercial activities","content":"#### 40 Guidelines for commercial activities\n\n40 Guidelines for commercial activities\n\n> The Guidelines approved for the time being under section 21B, as in force immediately before the amendments made to that section by the amending Act, continue to have effect as if they were Guidelines determined by the Council under that section as amended.","sortOrder":140},{"sectionNumber":"41","sectionType":"section","heading":"Existing investments","content":"#### 41 Existing investments\n\n41 Existing investments\n\n> An amendment made to this Act by the amending Act does not affect the appointment of a funds manager or the validity of any investment made by or on behalf of the University before the commencement of the amendment.","sortOrder":141},{"sectionNumber":"42","sectionType":"section","heading":"Previously acquired land","content":"#### 42 Previously acquired land\n\n42 Previously acquired land\n\n> Section 18 (2)–(3), as inserted by the amending Act, extend to land acquired from the State before the insertion of those subsections.","sortOrder":142},{"sectionNumber":"Part 10","sectionType":"part","heading":"Provisions consequent on adoption of standard governing body provisions","content":"# Part 10 Provisions consequent on adoption of standard governing body provisions\n\nPart 10 Provisions consequent on adoption of standard governing body provisions","sortOrder":143},{"sectionNumber":"43","sectionType":"section","heading":"Adoption of standard governing body provisions under the Universities Governing Bodies Act 2011","content":"#### 43 Adoption of standard governing body provisions under the Universities Governing Bodies Act 2011\n\n43 Adoption of standard governing body provisions under the [Universities Governing Bodies Act 2011](/view/html/repealed/current/act-2011-051)\n\n> > (1) Terms used in this clause and also in the [Universities Governing Bodies Act 2011](/view/html/repealed/current/act-2011-051) have the same meanings in this clause as they have in that Act.\n> \n> > (2) In this clause—\n> > \n> > amended provision means a provision of this Act and the by-laws amended as set out in an order made by the Minister under section 4 of the [Universities Governing Bodies Act 2011](/view/html/repealed/current/act-2011-051).\n> > \n> > existing member of the Council means a member of the Council as constituted immediately before the governing body resolution took effect.\n> > \n> > Note—\n> > \n> > The governing body resolution took effect on the day on which the [Universities Governing Bodies (Southern Cross University) Order 2015](/view/pdf/asmade/sl-2015-97) commenced.\n> > \n> > former section 10 (1) (c) means that paragraph as in force immediately before the commencement of the [Universities Governing Bodies (Southern Cross University) Order 2015](/view/pdf/asmade/sl-2015-97).\n> > \n> > governing body resolution means the governing body resolution made by the Council on 1 August 2014.\n> \n> > (3) An existing member of the Council continues in office until the expiration of the term for which the member was appointed or elected (subject to the member’s office becoming vacant earlier for a reason other than the expiration of the member’s term of office).\n> \n> > (4) For the purposes of subclause (3)—\n> > \n> > > (a) an existing member appointed by the Council under former section 10 (1) (c) who is a graduate of the University and designated by the Council for the purposes of this paragraph is taken to be a graduate member appointed by the Council pursuant to section 9E (2) (b) of the amended provisions, and\n> > \n> > > (b) any other existing member is taken to be a member of the corresponding category of membership set out in the amended provisions.","sortOrder":144},{"sectionNumber":"Part 11","sectionType":"part","heading":"Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017","content":"# Part 11 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017\n\nPart 11 Provision consequent on enactment of [Statute Law (Miscellaneous Provisions) Act 2017](/view/html/repealed/current/act-2017-022)","sortOrder":145},{"sectionNumber":"44","sectionType":"section","heading":"Financial accommodation and risk management","content":"#### 44 Financial accommodation and risk management\n\n44 Financial accommodation and risk management\n\n> An amendment made to this Act by the [Statute Law (Miscellaneous Provisions) Act 2017](/view/html/repealed/current/act-2017-022) does not affect the validity of any financial accommodation made by or on behalf of the University, any transaction or arrangement entered into or participated in to manage a financial risk, or any disposal or other dealing with property of the University, before the commencement of the amendment.","sortOrder":146}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Originally enacted in 1993 to establish what was then a relatively new regional university, the Act has been amended at least 17 times over three decades. University governance legislation of this type typically evolves to reflect broader higher education reform agendas — such as changes to council composition, introduction of corporate governance standards, and alignment with national regulatory frameworks. The scope has almost certainly expanded beyond a simple establishment instrument to incorporate more detailed governance accountability requirements reflecting modern expectations of public institutions."},"complexity_factors":["The document provided is only the metadata and status information page, not the full legislative text — limiting full analysis","University establishment Acts typically include governance structures (board composition, quorum rules, member appointment processes) that add moderate complexity","Seventeen amendments over 30+ years means the current version is a product of layered changes, which can create internal inconsistencies or cross-references to other legislation","Interaction with federal higher education law (Australian Tertiary Education Quality and Standards Agency Act 2011) adds a layer of regulatory context not captured in this state Act alone","Ministerial oversight provisions create accountability mechanisms that require understanding of NSW administrative arrangements"],"plain_english_summary":"## Southern Cross University Act 1993 (NSW)\n\n**What is this law?**\nThis is the foundational NSW legislation that **legally establishes Southern Cross University** as an official institution. Think of it as the university's birth certificate — without this Act, the university wouldn't have legal standing to operate, own property, employ staff, or award degrees.\n\n**Who does it affect?**\n- **Students** at Southern Cross University — their degrees are legally recognised because of this Act\n- **Staff** employed by the university\n- **The university itself** — it defines how the university must be governed (its board structure, powers, and responsibilities)\n- **The NSW Government** — specifically the Minister for Skills, TAFE and Tertiary Education, who has oversight responsibilities\n\n**What does it actually do?**\n- Creates Southern Cross University as a legal body (called a 'statutory corporation' — meaning it's created by law and can act like a person: sign contracts, own land, sue and be sued)\n- Sets out **how the university is governed**, including who sits on its governing body and how decisions are made\n- Defines the university's **core functions** — teaching, research, and related activities\n- Gives the university powers to manage its own affairs while remaining accountable to the NSW Government\n\n**Why does it matter to you?**\nIf you're a student, your qualifications have legal weight because of this Act. If you're dealing with the university in any capacity — as a supplier, neighbour, employee, or member of the public — this law determines what the university can and cannot do.\n\n**Note:** This Act has been amended many times since 1993 (at least 17 significant updates), meaning the university's governance rules have evolved considerably over three decades. The current version has been in force since **30 September 2024**."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text as presented incorporates amendments that expand and detail the University’s commercial, governance and accountability arrangements beyond the bare creation of a university. Notable scope extensions include explicit commercial functions and revenue generation (s 6(3)(a),(a1)), a bespoke regulatory regime for University commercial activities (s 21A–21E) including mandatory Guidelines and a Register (s 21B–21C), strengthened duties and removal processes for Council members (Sch 2A; s 21G), and more detailed governing body composition and procedures (s 9A–9H; s 9B). The Act therefore covers not only academic functions but also commercial participation, controls over controlled entities (s 16A), investment management (Schedule 2) and transitional arrangements for campus transfers (Schedule 3). These additions increase administrative, compliance and oversight responsibilities for the Council and introduce Ministerial checkpoints in property and controlled‑entity activities (s 18(3); s 16A(2))."},"complexity_factors":["Multiple categories of Council membership with detailed appointment, election and term rules (s 9B; s 9D–9H; s 10)","Interplay between Council autonomy and Ministerial powers (appointments, land approval, permissions for controlled entities, reporting requests) (s 9G; s 18(3); s 16A(2); s 21D–21E)","Comprehensive commercial activity governance requiring Guidelines, a Register, compliance and disclosure (s 21A–21C; s 21B(4); Sch 2A cl 5)","Duties, removal procedures and liability protections for Council members spread across Schedule 2A and s 21G with procedural safeguards (Sch 2A; s 21G)","Detailed property, investment and funds management regime including funds managers and investment common funds (s 18; Schedule 2)","Extensive transitional and savings provisions transferring staff, students, assets and liabilities from former campuses with preservation of entitlements (Schedule 3)","Layered rulemaking framework: Act → by‑laws approved by Governor → rules made by Council or officers, with specified limits (s 29–30)","Cross‑references to external oversight and finance statutes (Ombudsman, Auditor‑General, Government Sector Finance/Audit Acts) creating inter‑agency compliance obligations (s 17A; s 17B)"],"plain_english_summary":"# What this law does (mechanics)\n\n- Creates Southern Cross University as a corporate body and defines its basic object: to promote scholarship, research, free inquiry and academic excellence within available resources (s 5; s 6(1)).\n- Sets up a governing Council as the University’s decision‑making body, defines who the University includes (staff, professors, graduates, students) and gives the Council broad powers to run the University’s affairs (s 4; s 9A; s 16(1A)–(1B)).\n- Gives the Council specific administrative powers: run courses, appoint and dismiss staff, borrow and invest money, enter partnerships and joint ventures, create branches and campuses, make loans and grants to students, and impose fees and fines (s 16(1)).\n- Regulates ownership and use of University land and property, including limits on selling or mortgaging land acquired from the State without Ministerial approval and rules about leasing (s 18–19).\n- Authorises the University to carry out commercial activities (including exploiting facilities, research and intellectual property) and to generate revenue to fund its academic object (s 6(3)(a),(a1)). The Council must set and follow internal Guidelines for such commercial activities, keep a register of them, and report or produce information on request to the Minister (s 21A–21D; s 21C(3)). The Minister may refer commercial activities to the Auditor‑General or Ombudsman (s 21E).\n- Imposes duties and conduct rules on Council members (Schedule 2A). The Council can remove members for breaches following prescribed procedures (s 21F; s 21G; Sch 2A cl 1–5).\n- Allows the Council to make by‑laws and delegate rule‑making to officers, subject to limits and Governor approval for by‑laws (s 29–30).\n- Provides transactional reliefs and financial supports: the Treasurer may advance money (s 23) and borrowing/investment transactions are generally exempt from stamp duty unless the Treasurer directs otherwise (s 23A).\n- Includes detailed transitional and savings provisions transferring staff, students, assets and liabilities from specified former campuses into the University and setting out interim governance arrangements (Schedule 3 and its Parts).\n\n# Who this affects and who decides\n\n- Primary decision‑maker: the Council (s 9A; s 16(1A)–(1B)). The Council approves strategy, budget, commercial activities, investments and internal governance documents (s 16(1B)(d),(f),(g); s 21B).\n- The Minister retains supervisory levers: appoints up to 2–6 external Council members (s 9G), must approve sale/mortgage/charges of certain crown‑transferred land (s 18(3)), may direct controlled entities’ permitted activities (s 16A(2)) and can request reports or refer commercial activities to oversight bodies (s 21D–21E).\n- Who pays / who bears costs: students and users may be charged fees and fines (s 16(1)(j); s 29(1)(n)); the University may borrow and invest (s 16(1)(d),(e)) and may generate revenue via commercialisation (s 6(3)(a1)); the Treasurer and Minister may provide or relieve certain costs (s 23; s 23A).\n- Staff and students affected by transfers: specified staff and students of certain former campuses become staff and students of the University on the transfer day, preserving prior terms, leave and superannuation in most respects (Schedule 3, Parts 2 and 5).\n\n# Why it matters (official purpose, then practical tests)\n\nOfficial purpose (as stated): to promote scholarship, research and academic excellence and to provide education and research facilities, with particular regard to local regional needs (s 6(1)–(2)).\n\nPractical implications and trade‑offs (source‑grounded):\n\n- Incentives and revenue: the Act explicitly allows the University to commercialise research, intellectual property and facilities and to generate revenue to fund its core object (s 6(3)(a),(a1)). That creates an institutional incentive to pursue revenue‑generating activities alongside teaching and research; the Council controls approval and oversight of significant commercial activities (s 16(1B)(g); s 21B).\n\n- Compliance burden and transparency: the Council must adopt and enforce Guidelines for commercial activities, maintain a Register recording participants, governance arrangements and approvals, and comply with Ministerial requests for the Register (s 21B; s 21C(1),(3)). The Council must also report action taken on recommendations from the Ombudsman or Auditor‑General in its annual report (s 17B). These requirements create ongoing internal compliance and record‑keeping obligations for the University and its controlled entities.\n\n- Concentrated decision rights and external oversight: the Council has wide discretion over investments, business structures and commercial participation (s 16(1)(e),(f)), subject to Ministerial approvals in specific areas (land sales/mortgages (s 18(3)); controlled entity powers (s 16A(2)); Ministerial appointments to the Council (s 9G)). Those arrangements concentrate operational control in the Council while preserving Ministerial checkpoints.\n\n- Effects on private sector activity and competition: by empowering the University to form companies, joint ventures or participate in commercial enterprises (s 16(1)(f); s 6(3)(a)), the Act enables the University to compete in markets (e.g., vocational services, cultural and sporting services (s 6(3)(b))). The text does not quantify market effects but shows the legal capacity to engage commercially.\n\n- Costs to individuals: the Council may impose fees, charges and fines for enrolment, tuition, exams, residences, amenities and awards (s 29(1)(n)), so students and users are direct payers for certain University services.\n\n- Risk allocation and safeguards: the Council must ensure controlled entities do not act outside the University’s statutory authorisations unless the Minister permits (s 16A(1)–(2)). The Act requires disclosure of material interests by Council members and restricts participation in decisions where a conflict exists (Sch 2A cl 5). Removal and liability protections are also set out (s 21G; Sch 1 cl 5). These are governance safeguards but rely on internal enforcement and Ministerial or external audit/ombudsman oversight (s 21E; s 17A–17B).\n\n# Implementation risks and opportunity costs\n\n- Implementation burden: the Council must create and maintain detailed Guidelines and a Register for commercial activities, adopt by‑laws and rules consistent with the Act, and ensure public availability of election rules and grievance procedures (s 21B; s 21C; s 30(1C); s 16(1B)(i)). Developing and policing these systems requires staff time and administrative resources.\n\n- Discretion vs. accountability: the Council’s broad authority to enter into transactions and invest funds (s 16(1)(d)–(f); Schedule 2) gives it flexibility but places reliance on internal controls and external audit/Ombudsman reviews (s 17A; s 21E). Where the Council delegates functions (s 17), delegation limits and sub‑delegation rules apply, but practical oversight depends on how the Council implements Guidelines and reporting.\n\n- Transfer and continuity costs: the transitional provisions transfer staff, students, assets and liabilities from former campuses to the University and preserve many existing entitlements (Schedule 3). That preserves continuity but requires administrative alignment of employment, superannuation and course credit arrangements (Sch 3 Parts 2–5).\n\n# Short summary (one line)\n\nThe Act establishes Southern Cross University as a corporate university, sets out Council governance and member duties, authorises academic and commercial functions (with Guidelines, registers and Ministerial oversight), governs property and investments, preserves staff/student rights in specified transfers, and creates delegated rule‑making, reporting and accountability mechanisms (s 4–6; s 9A; s 16; s 21A–21E; Sch 2A; Schedule 3)."},"kimi_summary":{"_metrics":{"completionTokens":642},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1993 purpose of establishing the University and transferring assets from the former University of New England. Major additions include: comprehensive commercial activities regulation (Part 4, Division 3, added 2001), detailed Council member duties and removal procedures (Part 4A, added 2004), standard governing body provisions (2015), and enhanced financial risk management powers (2017). The scope now encompasses detailed governance, audit, and accountability frameworks that go well beyond basic institutional establishment."},"complexity_factors":["Multiple overlapping categories of Council members (9 different member types defined across sections 9–9H)","Extensive transitional provisions in Schedule 3 spanning 11 Parts covering staff transfers, property vesting, and multiple amendment cycles","Conditional logic for land dealings requiring ministerial approval with nested exceptions (section 18 subsections 3–4)","Cross-references to multiple external Acts including Government Sector Finance Act 2018, Ombudsman Act 1974, and Corporations Act 2001","Delegated legislative framework with by-laws, rules, and Guidelines operating at different levels (sections 29–30, 21B)","Savings and transitional provisions dating back to 1993 with ongoing amendment tracking"],"plain_english_summary":"**What this Act does:**\n\nThis is the **Southern Cross University Act 1993**, which creates and governs Southern Cross University as a public university in New South Wales.\n\n**Key things the Act establishes:**\n\n- **The University itself** — a body corporate that can own property, enter contracts, and operate nationally and internationally\n- **A governing Council** — the main decision-making body with 11–22 members, including staff, students, graduates, and external appointees (with a majority required to be external to the University)\n- **The Chancellor and Vice-Chancellor** — the ceremonial head and chief executive officer\n- **An Academic Board** — to oversee academic standards\n\n**What the University can do:**\n\n- Teach, research, and award degrees\n- Run commercial activities (like partnerships, companies, and intellectual property deals)\n- Buy, sell, and lease property (with some ministerial approvals needed)\n- Borrow money and invest funds\n- Set fees and charges for students\n\n**Important protections:**\n\n- No religious or political discrimination against students or staff\n- Council members have duties similar to company directors — they must act in the University's best interests, exercise care, and disclose conflicts of interest\n- Members can be removed for serious breaches or through a \"no confidence\" vote\n\n**Why it matters:**\n\nThis Act is the legal foundation that lets Southern Cross University operate as an independent institution, manage its own affairs, and be accountable for how it spends public money and serves students — particularly in regional NSW."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/southern-cross-university-act-1993","history":"/api/acts/southern-cross-university-act-1993/history","analysis":"/api/acts/southern-cross-university-act-1993/analysis","conflicts":"/api/acts/southern-cross-university-act-1993/conflicts","importantCases":"/api/acts/southern-cross-university-act-1993/important-cases","documents":"/api/acts/southern-cross-university-act-1993/documents"}}