{"id":"nsw:sl-2005-0632","name":"University of New South Wales By-law 2005","slug":"university-of-new-south-wales-by-law-2005","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"632 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178669,"registerId":"nsw-nsw:sl-2005-0632-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of By-law","content":"#### 1 Name of By-law\n\n1 Name of By-law\n\n> This By-law is the [University of New South Wales By-law 2005](/view/html/inforce/current/sl-2005-0632).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Application","content":"#### 2 Application\n\n2 Application\n\n> This By-law applies to and in respect of the University of New South Wales as constituted by the [University of New South Wales Act 1989](/view/html/inforce/current/act-1989-125).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this By-law and in a rule—\n> \n> close of nominations, in relation to an election, means the date and time by which nominations must be received by the Returning Officer for the election in accordance with the election rules.\n> \n> elected (academic staff) member of the Council means a member of the Council referred to in section 8D (1) (a) of the Act.\n> \n> elected (non-academic staff) member of the Council means a member of the Council referred to in section 8D (1) (b) of the Act.\n> \n> elected (student) member of the Council means a member of the Council referred to in the Act, section 8D(1)(c).\n> \n> election rules means rules made by the Council for or with respect to matters referred to in section 28 (1A) of the Act.\n> \n> fit and proper person means a fit and proper person for the purposes of the [Tertiary Education Quality and Standards Agency Act 2011](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> Nominations Committee means the Committee established under clause 48.\n> \n> Returning Officer means the person appointed as Returning Officer in accordance with the election rules.\n> \n> rule means a rule made by the Council under section 28 (1) of the Act.\n> \n> the Act means the [University of New South Wales Act 1989](/view/html/inforce/current/act-1989-125).\n> \n> University website means the website maintained by the University for the display of official notices.\n> \n> **cl 3:** Am 2012 (141), Sch 2 \\[1\\] \\[2\\]; 2014 (145), Sch 1 \\[1\\]; 2016 (260), Sch 1 \\[1\\]; 2022 (619), Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Chancellor, Deputy Chancellor and Vice-Chancellor","content":"# Part 2 Chancellor, Deputy Chancellor and Vice-Chancellor\n\nPart 2 Chancellor, Deputy Chancellor and Vice-Chancellor","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Chancellor and Deputy Chancellor","content":"#### 4 Chancellor and Deputy Chancellor\n\n4 Chancellor and Deputy Chancellor\n\n> > (1) The Chancellor and Deputy Chancellor, by virtue of their offices, are members of every committee established by the Council.\n> \n> > (2) The Chancellor may preside at any meeting of any such committee and has all the rights and powers of the presiding member of any such committee.\n> \n> > (3) A retiring Chancellor or Deputy Chancellor is eligible for re-election.\n> \n> > (4) This clause has effect despite any other clause of this By-law.\n> \n> **cl 4:** Am 2014 (145), Sch 1 \\[2\\] \\[3\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Vice-Chancellor","content":"#### 5 Vice-Chancellor\n\n5 Vice-Chancellor\n\n> > (1) The Vice-Chancellor has the duty of promoting the interests and furthering the development of the University.\n> \n> > (2) The Vice-Chancellor, by virtue of his or her office, is a member of—\n> > \n> > > (a) every committee constituted by any by-law or rule or any resolution of the Council, and\n> > \n> > > (b) every board and faculty in the University.\n> \n> > (3) The Vice-Chancellor may preside at any meeting of any such committee, board or faculty and has all the rights and powers of the presiding member of any such committee, board or faculty.\n> \n> > (4) Despite subclauses (2) and (3), the Vice-Chancellor is not to be a member of the audit committee of the University if the Council so determines.\n> \n> > (5) While a determination of the Council under subclause (4) remains in force, the Vice-Chancellor may attend any meeting of the audit committee of the University but only as an observer.\n> \n> > (6) The Vice-Chancellor is, under the Council and subject to this By-law and the rules and any resolution of the Council—\n> > \n> > > (a) to manage and supervise the administrative, financial and other activities of the University, and\n> > \n> > > (b) to consult with and advise the Academic Board, and all other University boards, faculties, committees, professors and heads of departments, and\n> > \n> > > (c) to supervise the discipline of the University, with power to impose penalties for breach of discipline or for misconduct of any kind, and\n> > \n> > > (d) to give effect to this By-law and the rules and to any regulations or orders made, or to any resolution or report passed or adopted, by the Council, and\n> > \n> > > (e) to have such functions of the Council as the Council may, from time to time, delegate to the Vice-Chancellor.\n> \n> > (7) Nothing in this clause affects the precedence or authority of the Council, the Chancellor or the Deputy Chancellor.\n> \n> > (8) In this clause—\n> > \n> > audit committee means the committee of the Council on which the Council confers principal responsibility for approving and monitoring systems of control and accountability for the University.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Elected members of Council","content":"# Part 3 Elected members of Council\n\nPart 3 Elected members of Council","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6–8 (Repealed)","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Time of elections","content":"#### 9 Time of elections\n\n9 Time of elections\n\n> Elections to elect members of the Council are to be held at the times specified in the election rules.\n> \n> **cl 9:** Am 2012 (141), Sch 2 \\[3\\] \\[4\\]; 2014 (145), Sch 1 \\[6\\] \\[7\\]. Subst 2016 (260), Sch 1 \\[3\\].","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Electors and candidates","content":"## Division 2 Electors and candidates\n\nDivision 2 Electors and candidates","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Rolls","content":"#### 10 Rolls\n\n10 Rolls\n\n> > (1) Before an election, the Returning Officer is to assemble the following from information held by the University—\n> > \n> > > (a) for the purposes of section 8D (1) (a) of the Act—a Roll of Academic Staff containing the names and addresses of those persons who—\n> > > \n> > > > (i) hold the post of professor, associate professor, principal lecturer, senior lecturer, lecturer or associate lecturer at the University (or, if an alternative designation is adopted for any of those posts, the post as so designated), and\n> > > \n> > > > (ii) hold a full-time, or not less than 0.5 fractional, appointment to the post concerned,\n> > \n> > > (b) for the purposes of section 8D (1) (b) of the Act—a Roll of Non-Academic Staff containing the names and addresses of those persons who hold a full-time, or not less than 0.5 fractional, appointment to a post at the University other than a post referred to in paragraph (a) (i),\n> > \n> > > (c) for the purposes of section 8D (1) (c) of the Act—a Roll of Undergraduate Students containing the names and addresses of those persons who are enrolled as students of the University proceeding towards—\n> > > \n> > > > (i) a bachelor’s degree, or\n> > > \n> > > > (ii) a diploma other than a graduate diploma,\n> > \n> > > (d) for the purposes of section 8D (1) (c) of the Act—a Roll of Postgraduate Students containing the names and addresses of those persons who are enrolled as students of the University proceeding towards—\n> > > \n> > > > (i) a degree other than a bachelor’s degree, or\n> > > \n> > > > (ii) a graduate diploma, or\n> > > \n> > > > (iii) a graduate certificate.\n> > \n> > > (e) (Repealed)\n> \n> > (2) In this clause, address means last known email address (or, if no email address is known in a particular case, last known postal address).\n> \n> **cl 10:** Am 2012 (141), Sch 2 \\[5\\]–\\[9\\]; 2014 (145), Sch 1 \\[8\\]; 2016 (260), Sch 1 \\[4\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Qualifications for election as elected (academic staff) member of Council","content":"#### 11 Qualifications for election as elected (academic staff) member of Council\n\n11 Qualifications for election as elected (academic staff) member of Council\n\n> For the Act, section 8D(3)(a), a person seeking election to the Council as an elected (academic staff) member must have the following qualifications—\n> \n> > (a) the person’s name is on the Roll of Academic Staff at the close of nominations for the election,\n> \n> > (b) the person is a fit and proper person.\n> \n> **cl 11:** Am 2012 (141), Sch 2 \\[10\\]; 2016 (260), Sch 1 \\[5\\]; 2016 No 55, Sch 3.35. Subst 2022 (619), Sch 1\\[2\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Qualifications for election as elected (non-academic staff) member of Council","content":"#### 12 Qualifications for election as elected (non-academic staff) member of Council\n\n12 Qualifications for election as elected (non-academic staff) member of Council\n\n> For the Act, section 8D(3)(a), a person seeking election to the Council as an elected (non-academic staff) member must have the following qualifications—\n> \n> > (a) the person’s name is on the Roll of Non-Academic Staff at the close of nominations for the election,\n> \n> > (b) the person is a fit and proper person.\n> \n> **cl 12:** Am 2012 (141), Sch 2 \\[11\\]; 2016 (260), Sch 1 \\[5\\]; 2016 No 55, Sch 3.35. Subst 2022 (619), Sch 1\\[2\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Qualifications for election as elected (undergraduate student) member of Council","content":"#### 13 Qualifications for election as elected (undergraduate student) member of Council\n\n13 Qualifications for election as elected (undergraduate student) member of Council\n\n> For the Act, section 8D(3)(a), an undergraduate student of the University seeking election to the Council as an elected (student) member must have the following qualifications—\n> \n> > (a) the student’s name is on the Roll of Undergraduate Students at the close of nominations for the election,\n> \n> > (b) the student is a fit and proper person.\n> \n> **cl 13:** Subst 2012 (141), Sch 2 \\[12\\]. Am 2016 (260), Sch 1 \\[5\\]. Subst 2022 (619), Sch 1\\[2\\].","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Qualifications for election as elected (postgraduate student) member of Council","content":"#### 14 Qualifications for election as elected (postgraduate student) member of Council\n\n14 Qualifications for election as elected (postgraduate student) member of Council\n\n> For the Act, section 8D(3)(a), a postgraduate student of the University seeking election to the Council as an elected (student) member must have the following qualifications—\n> \n> > (a) the student’s name is on the Roll of Postgraduate Students at the close of nominations for the election,\n> \n> > (b) the student is a fit and proper person.\n> \n> **cl 14:** Subst 2012 (141), Sch 2 \\[13\\]. Am 2016 (260), Sch 1 \\[5\\]. Subst 2022 (619), Sch 1\\[2\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15 (Repealed)","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":null,"content":"## Division 3\n\nDivisions 3–6\n\n**pt 3, div 3:** Rep 2016 (260), Sch 1 \\[6\\].\n\n**pt 3, div 4:** Subst 2014 (145), Sch 1 \\[11\\]. Rep 2016 (260), Sch 1 \\[6\\].\n\n**pt 3, div 5:** Rep 2014 (145), Sch 1 \\[11\\].\n\n**pt 3, div 6 (cll 33–43):** Rep 2014 (145), Sch 1 \\[11\\].","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16–43 (Repealed)","sortOrder":21},{"sectionNumber":"Division 7","sectionType":"division","heading":"Elected Council member terms of office","content":"## Division 7 Elected Council member terms of office\n\nDivision 7 Elected Council member terms of office\n\n**pt 3, div 7, hdg:** Am 2016 (260), Sch 1 \\[7\\].","sortOrder":23},{"sectionNumber":"44","sectionType":"section","heading":"Terms of office","content":"#### 44 Terms of office\n\n44 Terms of office\n\n> > (1) (Repealed)\n> \n> > (2) The term of office of a person elected to the Council as an elected (academic staff) member, elected (non-academic staff) member or elected (student) member is 2 years.\n> \n> > (3) The term of office of a member referred to in this clause begins on 1 July next following his or her election.\n> \n> **cl 44:** Am 2012 (141), Sch 2 \\[16\\] \\[17\\].","sortOrder":24},{"sectionNumber":"45","sectionType":"section","heading":null,"content":"#### 45\n\n45 (Repealed)","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"Appointed members of Council","content":"# Part 4 Appointed members of Council\n\nPart 4 Appointed members of Council","sortOrder":27},{"sectionNumber":"46","sectionType":"section","heading":null,"content":"#### 46\n\n46, 47 (Repealed)","sortOrder":29},{"sectionNumber":"48","sectionType":"section","heading":"Nominations Committee","content":"#### 48 Nominations Committee\n\n48 Nominations Committee\n\n> > (1) The Council is to establish a Nominations Committee.\n> \n> > (2) Subject to subclause (3), the Committee is to consist of—\n> > \n> > > (a) the Chancellor, Deputy Chancellor, Vice-Chancellor and the President of the Academic Board, and\n> > \n> > > (b) 2 members of the Council who are external persons.\n> \n> > (3) The Committee may be differently constituted if the Council so determines.","sortOrder":32},{"sectionNumber":"49","sectionType":"section","heading":null,"content":"#### 49\n\n49 (Repealed)","sortOrder":33},{"sectionNumber":"50","sectionType":"section","heading":"Nominations Committee to make recommendations","content":"#### 50 Nominations Committee to make recommendations\n\n50 Nominations Committee to make recommendations\n\n> > (1) The Nominations Committee is to do the following—\n> > \n> > > (a) propose persons eligible for appointment to the Council under section 8F or 8G of the Act,\n> > \n> > > (b) recommend which of those persons are to be (as the case may be)—\n> > > \n> > > > (i) suggested for appointment by the Minister, or\n> > > \n> > > > (ii) appointed by the Council,\n> > \n> > > (c) recommend the length of appointment for each such person,\n> > \n> > > (d) forward those recommendations to the Council.\n> \n> > (2) In exercising its functions under subclause (1), the Nominations Committee may receive and review proposals made by members of the Council.\n> \n> **cl 50:** Am 2012 (141), Sch 2 \\[25\\]. Subst 2014 (145), Sch 1 \\[13\\].","sortOrder":35},{"sectionNumber":"51","sectionType":"section","heading":"Council to consider recommendations of Nominations Committee","content":"#### 51 Council to consider recommendations of Nominations Committee\n\n51 Council to consider recommendations of Nominations Committee\n\n> > (1) The Council is to do the following—\n> > \n> > > (a) consider the recommendations forwarded by the Nominations Committee,\n> > \n> > > (b) determine which of those persons are to be (as the case may be)—\n> > > \n> > > > (i) suggested for appointment by the Minister, or\n> > > \n> > > > (ii) appointed by the Council,\n> > \n> > > (c) determine—\n> > > \n> > > > (i) in the case of the persons referred to in paragraph (b) (i) the recommended length of appointment for each such person, or\n> > > \n> > > > (ii) in the case of the persons referred to in paragraph (b) (ii) the length of appointment for each such person.\n> \n> > (2) The Chancellor is to forward the determinations referred to in subclause (1) (b) (i) and (c) (i) to the Minister.\n> \n> > (3) The Council may make the determinations referred to in subclause (1) only at a meeting of the Council—\n> > \n> > > (a) convened by the Chancellor, the Deputy Chancellor or the Vice-Chancellor, and\n> > \n> > > (b) of which the University Secretary has given each member of the Council at least 7 days’ notice.\n> \n> > (4) The notice referred to in subclause (3) (b) must—\n> > \n> > > (a) be posted or delivered to each member of the Council, and\n> > \n> > > (b) state the date, time and place of the meeting, and\n> > \n> > > (c) state the purpose of the meeting.\n> \n> **cl 51:** Am 2012 (141), Sch 2 \\[26\\]. Subst 2014 (145), Sch 1 \\[13\\].","sortOrder":36},{"sectionNumber":"52","sectionType":"section","heading":"Casual vacancy in office of Ministerially appointed member","content":"#### 52 Casual vacancy in office of Ministerially appointed member\n\n52 Casual vacancy in office of Ministerially appointed member\n\n> If a casual vacancy occurs in the office of a member of the Council appointed under section 8G of the Act, the Chancellor is to forward to the Minister for consideration for appointment the name of another person recommended to it by the Nominations Committee in accordance with Division 2.\n> \n> **cl 52:** Am 2012 (141), Sch 2 \\[27\\] \\[28\\]. Subst 2014 (145), Sch 1 \\[14\\].","sortOrder":38},{"sectionNumber":"53","sectionType":"section","heading":"Casual vacancy in office of Council appointed member","content":"#### 53 Casual vacancy in office of Council appointed member\n\n53 Casual vacancy in office of Council appointed member\n\n> If a casual vacancy occurs in the office of a member of the Council appointed under section 8F of the Act, the Council is to appoint another person recommended to it by the Nominations Committee in accordance with Division 2.\n> \n> **cl 53:** Am 2012 (141), Sch 2 \\[29\\]. Subst 2014 (145), Sch 1 \\[14\\].","sortOrder":39},{"sectionNumber":"Part 5","sectionType":"part","heading":"The Academic Board","content":"# Part 5 The Academic Board\n\nPart 5 The Academic Board","sortOrder":40},{"sectionNumber":"54","sectionType":"section","heading":null,"content":"#### 54\n\n54 (Repealed)","sortOrder":41},{"sectionNumber":"55","sectionType":"section","heading":"Members of Academic Board","content":"#### 55 Members of Academic Board\n\n55 Members of Academic Board\n\n> > (1) Subject to this clause, the membership of the Academic Board is to be prescribed by the rules.\n> \n> > (2) The Academic Board is to include, but is not limited to, the following categories of members—\n> > \n> > > (a) ex officio members,\n> > \n> > > (b) members elected by and from the professors of the University,\n> > \n> > > (c) members elected by and from the non-professorial members of the academic staff of the University,\n> > \n> > > (d) members elected by and from the enrolled undergraduate students of the University,\n> > \n> > > (e) members elected by and from the enrolled postgraduate students of the University.\n> \n> **cll 55–57:** Subst 2014 (145), Sch 1 \\[15\\]","sortOrder":43},{"sectionNumber":"56","sectionType":"section","heading":"Functions of Academic Board","content":"#### 56 Functions of Academic Board\n\n56 Functions of Academic Board\n\n> The functions of the Academic Board are—\n> \n> > (a) to be the principal academic body of the University, and\n> \n> > (b) to oversee academic governance and the maintenance of academic standards, and\n> \n> > (c) to advise the Vice-Chancellor and Council on matters relating to the conduct and standards of teaching, scholarship and research within the University, and\n> \n> > (d) to consider and report on matters referred to it by the Council or by the Vice-Chancellor, and\n> \n> > (e) any functions delegated to it by the Council, and\n> \n> > (f) any other functions as may be prescribed by the rules.\n> \n> **cll 55–57:** Subst 2014 (145), Sch 1 \\[15\\]","sortOrder":44},{"sectionNumber":"57","sectionType":"section","heading":"President and Deputy Presidents of Academic Board","content":"#### 57 President and Deputy Presidents of Academic Board\n\n57 President and Deputy Presidents of Academic Board\n\n> > (1) The members of the Academic Board are to elect a President and up to 2 Deputy Presidents from among themselves in such manner and for such terms as are prescribed by the rules.\n> \n> > (2) The members of the Academic Board are to fill a casual vacancy in the office of the President or of a Deputy President in such manner as is prescribed by the rules.\n> \n> **cll 55–57:** Subst 2014 (145), Sch 1 \\[15\\]","sortOrder":45},{"sectionNumber":"58","sectionType":"section","heading":null,"content":"#### 58\n\n58 (Repealed)","sortOrder":46},{"sectionNumber":"59","sectionType":"section","heading":"Existing authority to prevail","content":"#### 59 Existing authority to prevail\n\n59 Existing authority to prevail\n\n> Nothing in this Part is to be construed as affecting the precedence or authority of the Council, the Chancellor, the Deputy Chancellor or the Vice-Chancellor as prescribed in the Act, this By-law or any rules.","sortOrder":48},{"sectionNumber":"Part 6","sectionType":"part","heading":"The faculties","content":"# Part 6 The faculties\n\nPart 6 The faculties\n\n**pt 6, hdg:** Am 2014 (145), Sch 1 \\[16\\].","sortOrder":49},{"sectionNumber":"60","sectionType":"section","heading":"Creation of faculties","content":"#### 60 Creation of faculties\n\n60 Creation of faculties\n\n> > (1) The Council may constitute such faculties as it considers fit.\n> \n> > (2) Each faculty is to consist of the professors, associate professors, principal lecturers, senior lecturers, lecturers and associate lecturers (or such alternative designations as may be adopted for those academic positions in the subjects for which the faculty is responsible) and such other persons having appropriate qualifications as the Council may appoint to the faculty.\n> \n> > (3) (Repealed)\n> \n> **cl 60:** Am 2014 (145), Sch 1 \\[17\\].","sortOrder":50},{"sectionNumber":"61","sectionType":"section","heading":"Functions of faculties","content":"#### 61 Functions of faculties\n\n61 Functions of faculties\n\n> > (1) Each faculty has the functions prescribed by the rules.\n> \n> > (2)–(5) (Repealed)\n> \n> > (6) This clause does not affect the authority of the Academic Board, under which authority every faculty is to exercise the powers, authorities and discretions and perform the duties vested in and conferred on it by this By-law. However, on the request of a faculty, the Academic Board is to refer to the Council for final decision any matters in dispute between the faculty and the Academic Board.\n> \n> **cl 61:** Am 2014 (145), Sch 1 \\[18\\].","sortOrder":51},{"sectionNumber":"62","sectionType":"section","heading":null,"content":"#### 62\n\n62 (Repealed)","sortOrder":52},{"sectionNumber":"Part 7","sectionType":"part","heading":"Honorary degrees","content":"# Part 7 Honorary degrees\n\nPart 7 Honorary degrees","sortOrder":54},{"sectionNumber":"63","sectionType":"section","heading":"Honorary degrees","content":"#### 63 Honorary degrees\n\n63 Honorary degrees\n\n> > (1) The Council may admit, honoris causa, to any degree (other than that of Bachelor) within the University, any person who is recommended for admission to that degree—\n> > \n> > > (a) at a meeting of the faculty or board of studies in which it is proposed he or she be so admitted—by not less than two-thirds of the members of that faculty or board of studies present and voting at the meeting, and\n> > \n> > > (b) at a meeting of the Academic Board—by not less than two-thirds of the members of the Academic Board present and voting at that meeting,\n> > \n> > as being a person of distinguished eminence in some branch of learning appropriate to that faculty or board of studies.\n> \n> > (2) The Council may admit, honoris causa, to the degree of Doctor in an appropriate field in the University any person considered by the Council to be distinguished by eminent service to the community.\n> \n> > (3) The Council may admit, honoris causa, to the degree of Doctor of the University any person considered by the Council to be distinguished by eminent service to the University.","sortOrder":55},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous","sortOrder":56},{"sectionNumber":"64","sectionType":"section","heading":"Rules","content":"#### 64 Rules\n\n64 Rules\n\n> > (1) The Council may make rules in accordance with section 28 of the Act.\n> \n> > (2) A rule made by the Council must be published on the University website.\n> \n> > (3) A rule must indicate that it is made by the Council under section 28 of the Act.\n> \n> > (4) A copy of the current rules of the University must be made available without charge and at the convenience of the University Secretary to, and on the prior written request of, any member of the University.\n> \n> **cl 64:** Am 2014 (145), Sch 1 \\[20\\] \\[21\\].","sortOrder":57},{"sectionNumber":"65","sectionType":"section","heading":"Constitution of University","content":"#### 65 Constitution of University\n\n65 Constitution of University\n\n> For the purposes of section 4 (b) of the Act, the persons appointed to the offices of Deputy Vice-Chancellor, Pro Vice-Chancellor and the President of the Academic Board and to such other offices as the Council may by rule from time to time determine are prescribed to be members of the body corporate of the University.\n> \n> **cl 65:** Am 2014 (145), Sch 1 \\[22\\].","sortOrder":58},{"sectionNumber":"66","sectionType":"section","heading":"Delegation by Council","content":"#### 66 Delegation by Council\n\n66 Delegation by Council\n\n> For the purposes of the delegation of the Council’s functions in accordance with section 16 of the Act, the following persons and bodies are prescribed—\n> \n> > (a) a research institute affiliated with the University,\n> \n> > (b) an officer or employee of a research institute affiliated with the University,\n> \n> > (c) an emeritus professor of the University,\n> \n> > (d) a former Chancellor of the University.\n> \n> **cl 66:** Am 2014 (145), Sch 1 \\[23\\].","sortOrder":59},{"sectionNumber":"67","sectionType":"section","heading":"Repeal","content":"#### 67 Repeal\n\n67 Repeal\n\n> > (1) The [University of New South Wales By-law 1996](/view/html/repealed/current/sl-1996-0280) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [University of New South Wales By-law 1996](/view/html/repealed/current/sl-1996-0280), had effect under that By-law continues to have effect under this By-law (but only to the extent that it relates to this By-law and is not inconsistent with this By-law and the acts, matters or things done under this By-law).\n> \n> > (3) In particular, any rule made pursuant to a provision of the repealed By-law is taken to have been made pursuant to the corresponding provision of this By-law.","sortOrder":60}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The scope has narrowed slightly over time — Clauses 30–32 were repealed in 2014, indicating that some provisions originally included in the by-law were removed, likely reflecting changes in how UNSW governs certain internal matters. The core institutional governance purpose appears to have remained consistent, but the removal of those clauses suggests the by-law's reach was deliberately reduced in at least one area."},"complexity_factors":["The provided text is primarily metadata and status information rather than substantive legislative content, making full analysis limited","Multiple historical versions exist (six point-in-time versions since 2005), suggesting the law has evolved over time and requires version-tracking to understand what applied when","The by-law operates under a parent Act (the University of New South Wales Act), meaning its full effect requires reading both instruments together","Some provisions have been repealed, adding a layer of historical complexity for anyone needing to understand past obligations","Institutional governance by-laws can involve cross-referencing multiple internal university rules and procedures not visible in this document"],"plain_english_summary":"## University of New South Wales By-law 2005\n\nThis is a **by-law** (a secondary piece of law made under a parent Act) that governs the internal operations of the University of New South Wales (UNSW).\n\n**Who does it affect?**\nPrimarily students, staff, and anyone who interacts with UNSW — including people on university grounds or participating in university activities.\n\n**What does it cover?**\nBased on the available metadata and structure, this by-law sets out rules for how UNSW operates as an institution. This typically includes things like:\n- How the university's governing body (Council) functions\n- Rules around student conduct and discipline\n- Procedures for managing university property and premises\n- Administrative processes within the university\n\n**Important to know:**\n- The by-law has been updated several times since it was first made in 2005, with the most recent version in force from **19 October 2022**\n- Some earlier provisions (Clauses 30–32) were **repealed** (removed from law) in 2014\n- A minor drafting error in Clause 10 was corrected in October 2022\n\n**Why does it matter?**\nIf you are a UNSW student, staff member, or visitor, this by-law can directly affect your rights and obligations on campus — including how disciplinary matters are handled and what the university can and cannot do."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This by‑law expressly repeals the University of New South Wales By‑law 1996 and replaces it (cl 67(1)).  It preserves acts done under the repealed by‑law only to the extent they are not inconsistent with the new by‑law (cl 67(2)–(3)), which produces continuity for some matters but allows the new by‑law to alter procedures and allocations of function.  The instrument therefore changes scope in that it updates governance structures (composition and functions of committees, election procedures, and rule‑making/publishing requirements) while retaining prior acts only where consistent with the new provisions (see cl 4–5, cl 10, cl 48–51, cl 64, cl 67)."},"complexity_factors":["Multiple cross‑references to the University Act, TEQSA Act and to separately made election rules and Council rules (e.g. cl 3 definition of 'the Act' and 'fit and proper person'; cl 9 referring to election rules).","Several decision points and delegations where discretion is left to the Council or committees (e.g. Council may change Nominations Committee composition (cl 48(3)); Council may exclude Vice‑Chancellor from audit committee (cl 5(4))).","Procedural detail that relies on external processes and actors (Returning Officer assembling Rolls from university records (cl 10); Chancellor forwarding names to the Minister (cl 51(2), 52)).","Use of an externally sourced subjective standard — 'fit and proper person' — which imports assessment complexity (cl 11–14).","Interplay between ex officio authorities, elected members and appointed members, producing several appointment and vacancy‑filling tracks (cl 4–5, 48–53, 44).","Numerous repeals and amendments recorded in the schedule notes, indicating structural changes over time and the need to track predecessor provisions (cl 67 and amendment annotations)."],"plain_english_summary":"What this instrument does (mechanics)\n\n- Replaces the earlier 1996 by-law and sets the current internal governance rules for the University of New South Wales (UNSW) (cl 67).  It retains acts done under the old by-law only where they are not inconsistent with the new by-law (cl 67(2)–(3)).\n\n- Establishes who sits on which bodies and what powers they have: the Chancellor and Deputy Chancellor are members of every Council committee and may preside at any such committee (cl 4); the Vice‑Chancellor is ex officio on all committees, boards and faculties (cl 5(2)–(3)), has specified managerial and disciplinary functions (cl 5(6)), but may be excluded from the audit committee if the Council so decides (cl 5(4)–(5)).\n\n- Sets election timing, voter rolls and candidate qualifications for elected Council members: elections occur at times set out in the election rules (cl 9); the Returning Officer must assemble Rolls of Academic Staff, Non‑Academic Staff and Undergraduate/Postgraduate Students from university records (cl 10), and eligibility to stand requires being on the relevant Roll at the close of nominations and being a “fit and proper person” (cl 11–14).  The Rolls use the last known email address (or postal address if no email) as the contact (cl 10(2)).  Elected members serve two‑year terms starting 1 July after election (cl 44).\n\n- Creates a Nominations Committee to propose and recommend persons for Council appointment (cl 48–50).  The Committee normally includes the Chancellor, Deputy Chancellor, Vice‑Chancellor, the President of the Academic Board and two external Council members (cl 48(2)), but the Council may alter its constitution (cl 48(3)).  The Nominations Committee proposes candidates and recommends whether they should be suggested to the Minister (for ministerial appointment) or appointed by the Council; the Council considers those recommendations and forwards ministerial suggestions via the Chancellor (cl 50–51).\n\n- Provides procedures for filling casual vacancies: for Ministerially appointed members the Chancellor forwards a recommended name to the Minister (cl 52); for Council‑appointed members the Council appoints a person recommended by the Nominations Committee (cl 53).\n\n- Prescribes the Academic Board’s composition and functions: membership is set by rules but must include specified categories (ex officio, professors, non‑professorial academic staff and student representatives) (cl 55); the Academic Board is the principal academic body, oversees academic governance and standards, and advises Council and Vice‑Chancellor (cl 56).  The Academic Board elects a President and up to two Deputies from among its members (cl 57).\n\n- Allows the Council to constitute faculties and prescribes who may be faculty members (cl 60); faculties exercise powers under Academic Board authority, with referral to Council for disputes at a faculty’s request (cl 61).\n\n- Sets the process for honorary degrees: faculties/boards and the Academic Board must each approve recommendations by a two‑thirds majority before Council may admit a person honoris causa to most degrees (cl 63).\n\n- Requires Council‑made rules to be published on the University website, to state their statutory source, and to be made available free on written request to the University Secretary (cl 64).\n\n- Prescribes certain persons and bodies to whom Council functions may be delegated (a research institute affiliated with the University, officers or employees of such institutes, an emeritus professor, or a former Chancellor) (cl 66).\n\nWho is affected\n\n- University office‑holders and bodies: Chancellor, Deputy Chancellor, Vice‑Chancellor, University Secretary, Academic Board, faculties, Nominations Committee, Returning Officer and Council members (see cl 4–5, 48–51, 55–57, 10).\n\n- University employees and students: those whose names appear (or must appear) on the Rolls to vote or stand for Council elections—academic staff, non‑academic staff, undergraduates and postgraduates (cl 10, 11–14).\n\n- The Minister (for ministerial appointments) receives candidate suggestions forwarded by the Chancellor (cl 51(2), 52).\n\nWhy it matters (practical effects and the mechanisms that produce them)\n\n- Who decides and how: the Nominations Committee vets and proposes candidates (cl 48–50); the Council makes the final determinations on appointments and ministerial suggestions, acting at meetings convened with at least 7 days’ notice given by the University Secretary (cl 51(1), (3)–(4)).  The Chancellor plays an administrative role in forwarding ministerial suggestions (cl 51(2)).\n\n- Administrative and compliance burdens: the University must compile and maintain Rolls from internal records and rely on last known email or postal addresses (cl 10(1)–(2)).  Rules must be published online and copies provided free on request (cl 64).  The Council must give at least 7 days’ notice for certain appointment meetings and state the purpose of the meeting (cl 51(3)–(4)).  These are concrete tasks that use staff time and systems.\n\n- Discretion and assessment points: eligibility includes a “fit and proper person” requirement that operates by reference to the Commonwealth TEQSA Act (cl 11–14).  That term imports an external statutory standard and requires judgment in application.  The Council may alter the Nominations Committee’s constitution (cl 48(3)) and may determine that the Vice‑Chancellor not be a member of the audit committee (cl 5(4)), each giving the Council scope to exercise discretion in governance architecture.\n\n- Incentives and concentrated benefits: the Nominations Committee’s role in selecting and recommending candidates concentrates influence over appointed seats (cl 48–50).  Where a small committee proposes candidates and the Council confirms or forwards them, individuals recommended benefit directly from those internal processes.\n\n- Behavioral effects on individuals: staff and students who wish to vote or stand must ensure their university records place them on the appropriate Roll by the close of nominations (cl 10, 11–14).  Elected members’ terms and start dates are fixed (two years, starting 1 July after election) and thus affect turnover and planning (cl 44).\n\n- Impact on external matters and markets: the by‑law is an internal governance instrument.  It does not itself regulate external markets, prices or private contracting.  It does permit delegation of Council functions to affiliated research institutes and certain individuals (cl 66), which may alter internal decision paths affecting research activities or partnerships, but the by‑law does not itself set financial or commercial policy.\n\nCosts, trade‑offs and implementation risks\n\n- Implementation costs: compiling and maintaining election Rolls, publishing rules, providing notices and handling nominations/appointments require staff time and recordkeeping systems (cl 10, 51, 64).\n\n- Risk of subjective exclusion or delay: the “fit and proper” test draws in an external statutory standard (TEQSA Act) and can be applied subjectively when determining candidate eligibility (cl 11–14).  Reliance on university records for Rolls (email/postal addresses) creates a risk that people are unintentionally excluded if their records are incomplete (cl 10(2)).\n\n- Concentration of selection influence: a small Nominations Committee proposes candidates (cl 48–50).  That produces concentrated influence over appointments that the Council and Minister subsequently act on (cl 51–53).\n\n- Continuity and change: the by‑law explicitly repeals the 1996 by‑law but preserves prior acts to the extent they are consistent (cl 67).  That preserves legal continuity while allowing changes introduced in this instrument to take effect.\n\nKey clauses referenced: cl 4–5 (office‑holders and powers), cl 9–14, 44 (elections, Rolls, eligibility, terms), cl 48–53 (Nominations Committee and appointment procedures), cl 55–57, 63 (Academic Board and honorary degrees), cl 60–61 (faculties), cl 64 (rules and publication), cl 66 (delegation), cl 67 (repeal/continuity)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The By-law has been significantly streamlined compared to its original 2005 form. Large portions of the original election procedures (Divisions 3-6 of Part 3, comprising clauses 16-43) were repealed in 2016, with election matters now largely delegated to 'election rules' made under the Act. Similarly, Division 1 of Part 4 was repealed in 2014. The By-law has shifted from being a detailed procedural manual for elections to a framework document that establishes structures and delegates detailed procedures to subordinate rules. This represents a deliberate simplification and scope reduction, concentrating on governance architecture rather than operational minutiae."},"complexity_factors":["Multiple repealed sections and divisions (clauses 6-8, 15, 16-43, 45, 46-47, 49, 54, 58, 62) creating a fragmented structure with gaps in numbering","Frequent amendments noted in clause histories (e.g., clause 3 amended 4 times, clause 10 amended 3 times) indicating evolutionary complexity","Cross-references to the University of New South Wales Act 1989 throughout (sections 8D, 8F, 8G, 28, 16, 4)","External statutory references (Tertiary Education Quality and Standards Agency Act 2011) requiring knowledge of Commonwealth law","Conditional logic in clause 5(4)-(6) regarding Vice-Chancellor's membership of audit committee and disciplinary powers","Nested definitions within clause 5(8) defining 'audit committee' locally","Detailed procedural requirements for Council meetings in clause 51(3)-(4) with specific notice periods and content requirements","Multiple overlapping rolls for elections (academic staff, non-academic staff, undergraduate students, postgraduate students) with specific eligibility criteria"],"plain_english_summary":"**What this By-law does:**\n\nThis is the internal rulebook for the University of New South Wales (UNSW). It sets out how the University is governed, who makes decisions, and how people get elected or appointed to key positions.\n\n**Who it affects:**\n\n- **Students** – undergraduate and postgraduate students can vote in elections and stand for positions on the University Council (the top governing body) and the Academic Board (which oversees academic standards).\n- **Staff** – both academic staff (lecturers, professors, etc.) and non-academic staff (administrators, support staff) can vote and stand for Council positions.\n- **Senior leaders** – the Chancellor (like the chair of the board), Deputy Chancellor, and Vice-Chancellor (the chief executive) have specific powers and duties spelled out here.\n- **Council members** – the By-law explains how people get onto the Council, either through elections (staff and students) or appointments (external experts and ministerial appointees).\n\n**Key things it covers:**\n\n- **Elections**: How staff and students vote for Council representatives, including who is eligible to vote (based on employment fraction or enrolment status) and who can stand as a candidate.\n- **Appointments**: How external members get onto the Council through a Nominations Committee process.\n- **Senior officer powers**: What the Chancellor, Deputy Chancellor, and Vice-Chancellor can do – for example, the Vice-Chancellor manages the University's daily operations and can discipline students or staff for misconduct.\n- **Academic governance**: The role of the Academic Board in maintaining teaching and research standards.\n- **Honorary degrees**: How the University awards honorary doctorates to distinguished people.\n- **Rules**: How the Council makes sub-rules (called \"rules\") and publishes them.\n\n**Why it matters:**\n\nThis By-law is essentially the constitution for how UNSW runs itself. It determines who has power, how decisions are made, and how students and staff can participate in University governance. If you want to run for Council, understand how the Vice-Chancellor can discipline someone, or know how honorary degrees are awarded, this document controls that."}},"importantCases":[],"_links":{"self":"/api/acts/university-of-new-south-wales-by-law-2005","history":"/api/acts/university-of-new-south-wales-by-law-2005/history","analysis":"/api/acts/university-of-new-south-wales-by-law-2005/analysis","conflicts":"/api/acts/university-of-new-south-wales-by-law-2005/conflicts","importantCases":"/api/acts/university-of-new-south-wales-by-law-2005/important-cases","documents":"/api/acts/university-of-new-south-wales-by-law-2005/documents"}}