{"id":"nsw:act-1854-sgs","name":"Sydney Grammar School Act 1854","slug":"sydney-grammar-school-act-1854","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"sgs of 1854","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113162,"registerId":"nsw-act-1854-sgs-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trustees of a Grammar School for Sydney to be appointed and incorporated","content":"#### 1 Trustees of a Grammar School for Sydney to be appointed and incorporated\n\n1 Trustees of a Grammar School for Sydney to be appointed and incorporated\n\n> There shall be nominated and appointed by the Governor with the advice of his Executive Council a body of trustees consisting of the number of persons hereinafter mentioned which body of trustees shall be and is hereby constituted from the date of such nomination and appointment a body politic and corporate by the name of “The Trustees of the Sydney Grammar School” by which name such body politic shall have perpetual succession and shall have a common seal and shall by the same name sue and be sued implead and be impleaded and answer and be answered unto in all Courts of the said Colony and shall be able and capable in law to take purchase and hold to them and their successors all goods chattels and personal property whatsoever and shall also be able and capable in law to take purchase and hold to them and their successors not only such lands buildings hereditaments and possessions as may from time to time be exclusively used and occupied for the immediate requirements of the said school but also any other lands buildings hereditaments and possessions whatsoever situate in the said Colony or elsewhere and that they and their successors shall be able and capable in law to grant demise alien or otherwise dispose of all or any of the property real or personal belonging to the said school and also to do all other matters and things incidental to or appertaining to a body politic.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2 (Repealed)","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Trustees to be twelve in number—six official and six non-official","content":"#### 3 Trustees to be twelve in number—six official and six non-official\n\n3 Trustees to be twelve in number—six official and six non-official\n\n> The said body politic and corporate shall consist of twelve trustees of whom six shall be persons holding the following offices respectively that is to say—the offices of Attorney-General President of the Legislative Council Speaker of the Legislative Assembly Chancellor of the University of Sydney the Principal Classical Professor of the University and the Mathematical Professor therein and the other six of whom shall be laymen not holding offices under the Government or the University Provided that in case any one person shall at the same time hold two of the offices mentioned in the first part of this clause it shall be lawful for the Governor to nominate and appoint one other officer of the Government or University.\n> \n> **s 3:** Am 1940 No 37, sec 2.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Vacancies how to be filled up","content":"#### 4 Vacancies how to be filled up\n\n4 Vacancies how to be filled up\n\n> All vacancies occurring by the death resignation removal sickness or incapacity of any of the six official members of the said body politic shall be filled by the nomination and appointment of the Governor and all vacancies so occurring amongst the other members shall be filled by election such election to be by a majority of votes of the remaining trustees.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Trustees to have entire management and superintendence and to make regulations touching the discipline of the school and other matters","content":"#### 5 Trustees to have entire management and superintendence and to make regulations touching the discipline of the school and other matters\n\n5 Trustees to have entire management and superintendence and to make regulations touching the discipline of the school and other matters\n\n> The said trustees shall have full power to appoint and dismiss all masters or teachers and all officers and servants of the said school and also shall have the entire management and superintendence over the affairs concerns and property of the said school and in all cases unprovided for by this Act it shall be lawful for the said trustees to act in such manner as shall appear to them to be best calculated to promote the purposes for which the said school is to be established and the said trustees shall have full power from time to time to make and also to alter any regulations (so as the same be not repugnant to the general objects and provisions of this Act) touching the discipline of the said school the management and superintendence of the affairs concerns and property thereof, the fees and charges to be paid for or in respect of the enrolment and attendance of pupils thereat and touching the mode and time of convening the meetings of the said trustees and in general touching all other matters whatsoever relating to the said school.\n> \n> **s 5:** Am 1964 No 55, sec 3 (1) (b).","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"As to election of chairman","content":"#### 6 As to election of chairman\n\n6 As to election of chairman\n\n> At some meeting of the trustees in the month of January in each year the members present shall elect one of their number to be their chairman for the ensuing year and in the event of the death or resignation of such chairman during the year for which he shall be so elected the trustees shall elect one other of their number to be the chairman of the body for the remainder of the current year.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Chairman of meetings—questions decided by majority—quorum of trustees","content":"#### 7 Chairman of meetings—questions decided by majority—quorum of trustees\n\n7 Chairman of meetings—questions decided by majority—quorum of trustees\n\n> At every meeting of the said trustees the said chairman if present shall preside and in his absence a chairman of the meeting shall be chosen by the members present or the major part of them and all questions which shall come before the said trustees shall be decided by the majority of the members present including the chairman and such chairman shall in case of an equality of votes have a second or casting vote and no question shall be decided at any meeting unless four trustees at the least shall be present at the time of such decision.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8–12 (Repealed)","sortOrder":8},{"sectionNumber":"13","sectionType":"section","heading":"No religious tests permitted","content":"#### 13 No religious tests permitted\n\n13 No religious tests permitted\n\n> No religious test shall be administered to any person to entitle him to be admitted as a pupil in the said school or to hold any office therein Provided always that this enactment shall not be deemed to prevent the making of regulations for securing the due attendance of the pupils for divine worship at such church or chapel as shall be approved by their parents or guardians respectively.","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Governor to be visitor","content":"#### 14 Governor to be visitor\n\n14 Governor to be visitor\n\n> The Governor of the Colony for the time being shall be the visitor of the said school with authority to do all things which pertain to visitors as often as to him shall seem meet.","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Repeal of Act does not affect operation of savings and transitional provisions","content":"#### 15 Repeal of Act does not affect operation of savings and transitional provisions\n\n15 Repeal of Act does not affect operation of savings and transitional provisions\n\n> > (1) Despite the repeal of the [Sydney Grammar School (Amendment) Act 1972](/view/pdf/asmade/act-1972-42), sections 2 and 3 of that Act continue to have effect and are taken to have been transferred to this Act.\n> \n> > (2) Sections 2 and 3 of the [Sydney Grammar School (Amendment) Act 1972](/view/pdf/asmade/act-1972-42) are transferred provisions to which section 30A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) applies.\n> \n> **s 15:** Rep 1964 No 55, sec 3 (1) (g). Ins 2007 No 82, Sch 4.21.","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Name of Act","content":"#### 17 Name of Act\n\n17 Name of Act\n\n> This Act may be cited as the [Sydney Grammar School Act 1854](/view/html/inforce/current/act-1854-sgs).\n> \n> **s 17:** Ins 1964 No 55, sec 4. Subst 1972 No 42, sec 8 (b).","sortOrder":15}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: establishing and governing Sydney Grammar School. While amended several times (notably in 1964, 1972, and 2007), these changes streamlined the legislation by repealing obsolete provisions (sections on land grants, funding mechanisms, and early organizational matters) rather than expanding its scope. Section 15 preserves savings provisions from a 1972 amendment, but this is technical housekeeping, not scope creep. The core governance structure established in 1854 remains intact."},"complexity_factors":["Victorian-era drafting style with dense, run-on sentences and archaic phrasing ('implead and be impleaded', 'hereditaments and possessions')","Only 6 operative sections (1, 3, 4, 5, 6, 7, 13, 14) plus transitional provisions in s 15 — the rest are repealed","Minimal cross-referencing (only to the Interpretation Act 1987 in s 15)","Simple binary structure: official vs non-official trustees, majority voting rules","No defined terms section — terms are explained in context or assumed to have ordinary meanings","Straightforward conditional logic (only one proviso in s 3 regarding dual office-holding)"],"plain_english_summary":"This 1854 law creates and governs **Sydney Grammar School**, one of Australia's oldest and most prestigious private schools.\n\n**What it does:**\n- **Establishes a legal body** called \"The Trustees of the Sydney Grammar School\" — essentially giving the school a legal personality so it can own property, sign contracts, and sue or be sued (just like a company).\n- **Sets up the board**: 12 trustees total — six are automatically senior government and university officials (Attorney-General, University Chancellor, etc.), and six are ordinary citizens elected by the other trustees.\n- **Gives the trustees full control**: They hire staff, set school rules, decide fees, manage property, and run the school as they see fit (provided they don't contradict this Act).\n- **Protects religious freedom**: No student or staff member can be forced to take a religious test to attend or work at the school, though students can be required to attend worship services approved by their parents.\n- **Appoints the Governor as \"visitor\"**: This is an old legal role giving the Governor oversight powers to intervene in disputes or governance issues if needed.\n\n**Who it affects:**\n- Students, parents, and staff of Sydney Grammar School\n- The trustees who govern the school\n- The NSW Government (which retains some influence through the official trustees)\n\n**Why it matters:**\nThis is a rare surviving example of a **private Act of Parliament** that created a specific institution. Unlike modern schools that operate under general education laws, Sydney Grammar exists because of this specific 1854 charter. It gives the school unusual independence — the trustees have sweeping powers that would normally require compliance with corporate or charity regulations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1854 framework remains but has been modified: several sections were repealed and later amending provisions were transferred into this Act (see repeals of ss 8–12, 16 and s 15 which preserves/transfers parts of the 1972 amendment). Those changes narrow or modernise particular procedural provisions while retaining the core powers and corporate status of the trustees."},"complexity_factors":["Creates a statutory corporation with perpetual succession and a common seal and grants broad property powers (s 1).","Prescribes a mixed composition of trustees—six official office-holders and six laymen—which gives the Government and University institutional representation (s 3).","Different vacancy-filling rules: Governor fills official-member vacancies; remaining trustees elect lay vacancies (s 4).","Wide trustee discretion to appoint/dismiss staff, regulate discipline, fees and other internal matters, subject only to being ‘not repugnant’ to the Act (s 5).","Meeting, quorum and voting mechanics (chair election, casting vote, minimum quorum) that constrain decision-making procedures (ss 6–7).","Specific prohibition on religious tests for admission but allowance for regulated attendance at approved worship (s 13).","Governor designated as visitor with supervisory authority (s 14).","Multiple repeals and later transfers of provisions (repealed ss 8–12, 16; s 15 preserves/transfers parts of a 1972 amending Act), which creates modest interpretive complexity for historic application (s 15).","Short, focused statute with a few cross-cutting interpretive points (appointments, repeals, transferred provisions) rather than extensive regulatory detail."],"plain_english_summary":"This Act creates and incorporates “The Trustees of the Sydney Grammar School” as a statutory body empowered to run Sydney Grammar School, including appointing staff, setting fees and discipline, and holding or disposing of school property. The board is twelve trustees—six government or university office-holders and six lay members—with the Governor appointing official members and the trustees electing lay members; the Governor is the school’s visitor and no religious test is required for pupils."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have retained its original purpose — providing the legal foundation for Sydney Grammar School. The 2007 amendment likely updated administrative or technical provisions rather than fundamentally altering the school's governance structure or the Act's core intent. No evidence of scope expansion or contraction is apparent from the metadata provided."},"complexity_factors":["The document provided contains almost no substantive legislative text — it is largely website navigation and metadata, making analysis of actual legal content extremely limited","Private Acts are inherently narrower in scope than public legislation, applying to a single institution only","The Act dates from 1854, meaning original legal language and drafting conventions may differ significantly from modern legislation, but the 2007 amendment likely modernised some provisions","No actual operative sections (clauses) are visible in the provided text, preventing detailed complexity assessment"],"plain_english_summary":"The Sydney Grammar School Act 1854 is a private Act that legally created Sydney Grammar School, giving it corporate identity and the powers to own property, enter contracts, sue and be sued, and govern itself. It primarily affects the school and its governing body and, indirectly, students, staff and families. The Act remains in force and was last updated on 7 December 2007, providing the modern legal basis for the school's operation."}},"importantCases":[],"_links":{"self":"/api/acts/sydney-grammar-school-act-1854","history":"/api/acts/sydney-grammar-school-act-1854/history","analysis":"/api/acts/sydney-grammar-school-act-1854/analysis","conflicts":"/api/acts/sydney-grammar-school-act-1854/conflicts","importantCases":"/api/acts/sydney-grammar-school-act-1854/important-cases","documents":"/api/acts/sydney-grammar-school-act-1854/documents"}}