{"id":"nsw:act-1989-124","name":"University of Sydney Act 1989","slug":"university-of-sydney-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"124 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106822,"registerId":"nsw-act-1989-124-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 [University of Sydney Act 1989](/view/html/inforce/current/act-1989-124).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act (section 40 (2)–(4) excepted) commences on a day or days to be appointed by proclamation.\n> \n> > (2) The provisions of section 40 (2)–(4) commence on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > academic college means a college established by or under Part 5.\n> > \n> > advisory council means an advisory council established under Part 5.\n> > \n> > Bachelor means any person on whom the degree of Bachelor has been conferred by the University.\n> > \n> > commercial functions of the University means the commercial functions described in section 6 (3) (a).\n> > \n> > Doctor means any person on whom the degree of Doctor has been conferred by the University.\n> > \n> > Fellow means a member of the Senate.\n> > \n> > incorporated college means Sancta Sophia College, St Andrew’s College, St John’s College, St Paul’s College, Wesley College or the Women’s College.\n> > \n> > Master means any person on whom the degree of Master has been conferred by the University.\n> > \n> > principal, in relation to an incorporated college, means the master, warden, rector or other person who is the head of the college.\n> > \n> > residential college means an incorporated college or a college (other than an academic college) established under this Act.\n> > \n> > Senate means the Senate of the University.\n> > \n> > University means the University of Sydney 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—\n> > \n> > > (a) a person who is the recipient of a degree, or of such other diploma, award or certificate as may be prescribed by the by-laws, conferred or awarded by the University, or\n> > \n> > > (b) 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—\n> > > \n> > > > (i) by or on behalf of any former institution that has, pursuant to this Act or to the [Higher Education (Amalgamation) Act 1989](/view/html/inforce/current/act-1989-065) or otherwise, become a part of the University, or\n> > > \n> > > > (ii) by any predecessor of any such institution.\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 7 \\[1\\]; 2004 No 115, Sch 7 \\[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, consisting of—\n> \n> > (a) a Senate,\n> \n> > (b) Convocation,\n> \n> > (c) 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> > (d) the graduates and students of the University,\n> \n> is established by this Act as a continuation of the University of Sydney established by Act 14 Vic No 31.","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 University of Sydney.","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,\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 7 \\[2\\]. Am 2014 No 43, Sch 1.7 \\[1\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Facilities for students, staff and others","content":"#### 7 Facilities for students, staff and others\n\n7 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 7:** Subst 2001 No 101, Sch 7 \\[3\\].","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Senate, authorities and officers of the University","content":"# Part 3 The Senate, authorities and officers of the University\n\nPart 3 The Senate, authorities and officers of the University","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Senate","content":"## Division 1 The Senate\n\nDivision 1 The Senate\n\n**pt 3, div 1, hdg:** Ins 2016 (194), Sch 1 \\[1\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Definitions","content":"#### 8 Definitions\n\n8 Definitions\n\n> In this Division—\n> \n> appointed member means a Senate appointed member or a Ministerially appointed member.\n> \n> categories of members—see section 8B (3).\n> \n> constitution rules—see section 8B (4).\n> \n> elected member—see section 8D.\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 8E.\n> \n> Ministerially appointed member—see section 8G.\n> \n> official member—see section 8H.\n> \n> Senate appointed member—see section 8F.\n> \n> **s 8:** Subst 2016 (194), Sch 1 \\[1\\].","sortOrder":11},{"sectionNumber":"8A","sectionType":"section","heading":"Senate","content":"#### 8A Senate\n\n8A Senate\n\n> > (1) There is to be a Senate of the University.\n> \n> > (2) The Senate 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 Senate.\n> \n> **ss 8A–8H:** Ins 2016 (194), Sch 1 \\[1\\].","sortOrder":12},{"sectionNumber":"8B","sectionType":"section","heading":"Size of Senate","content":"#### 8B Size of Senate\n\n8B Size of Senate\n\n> > (1) The Senate 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 Senate (the total number of members).\n> \n> > (3) The Senate is to include the following categories of members—\n> > \n> > > (a) official members,\n> > \n> > > (b) elected members,\n> > \n> > > (c) Senate 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 Senate (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 Senate.\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 Senate 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 8A–8H:** Ins 2016 (194), Sch 1 \\[1\\].","sortOrder":13},{"sectionNumber":"8C","sectionType":"section","heading":"Qualifications and experience of members","content":"#### 8C Qualifications and experience of members\n\n8C Qualifications and experience of members\n\n> > (1) Of the members of the Senate—\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 Senate and an appreciation of the object, values, functions and activities of the University.\n> \n> **ss 8A–8H:** Ins 2016 (194), Sch 1 \\[1\\].","sortOrder":14},{"sectionNumber":"8D","sectionType":"section","heading":"Elected staff and student members","content":"#### 8D Elected staff and student members\n\n8D 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 8E.\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 8A–8H:** Ins 2016 (194), Sch 1 \\[1\\].","sortOrder":15},{"sectionNumber":"8E","sectionType":"section","heading":"Graduate members","content":"#### 8E Graduate members\n\n8E Graduate members\n\n> > (1) At least one member of the Senate, 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 Senate 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 Senate under section 8F,\n> > \n> > > (c) by appointment by the Minister under section 8G.\n> \n> > (3) A rule providing for the appointment of a member by the Minister under section 8G 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 8A–8H:** Ins 2016 (194), Sch 1 \\[1\\].","sortOrder":16},{"sectionNumber":"8F","sectionType":"section","heading":"Senate appointed members","content":"#### 8F Senate appointed members\n\n8F Senate appointed members\n\n> > (1) The Senate may appoint as members of the Senate such number of external persons as is prescribed by the constitution rules for the category of Senate 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 8A–8H:** Ins 2016 (194), Sch 1 \\[1\\].","sortOrder":17},{"sectionNumber":"8G","sectionType":"section","heading":"Ministerially appointed members","content":"#### 8G Ministerially appointed members\n\n8G Ministerially appointed members\n\n> > (1) The Minister may appoint as members of the Senate 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 Senate may suggest to the Minister persons who the Senate considers would be appropriate for appointment by the Minister.\n> \n> **ss 8A–8H:** Ins 2016 (194), Sch 1 \\[1\\].","sortOrder":18},{"sectionNumber":"8H","sectionType":"section","heading":"Official members","content":"#### 8H Official members\n\n8H Official members\n\n> The official members of the Senate 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 President of the Academic Board (if the person is not the Vice-Chancellor) or of Deputy President of the Academic Board (if the President is the Vice-Chancellor).\n> \n> **ss 8A–8H:** Ins 2016 (194), Sch 1 \\[1\\].","sortOrder":19},{"sectionNumber":"9","sectionType":"section","heading":"Term of office","content":"#### 9 Term of office\n\n9 Term of office\n\n> > (1) Subject to this Act, a member of the Senate 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 Senate 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 Senate must be taken into account—\n> > \n> > > (a) by the Senate, when making the by-laws required under this section, and\n> > \n> > > (b) by the Minister and the Senate, when appointing members to the Senate.\n> \n> > (3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Senate otherwise resolves in relation to the person).\n> \n> **s 9:** Subst 2004 No 115, Sch 7 \\[2\\]. Am 2005 No 98, Sch 2.69. Subst 2016 (194), Sch 1 \\[1\\].","sortOrder":20},{"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 2016 (194), Sch 1 \\[1\\].","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Chancellor","content":"#### 10 Chancellor\n\n10 Chancellor\n\n> > (1) Whenever a vacancy in the office of Chancellor occurs, the Senate must elect a person (whether or not a Fellow) to be Chancellor of the University.\n> \n> > (2) The Chancellor, unless he or she sooner resigns or is removed from office as Chancellor or ceases to be a Fellow, 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 10:** Am 2011 No 51, Sch 3.8 \\[1\\].","sortOrder":22},{"sectionNumber":"11","sectionType":"section","heading":"Deputy Chancellor","content":"#### 11 Deputy Chancellor\n\n11 Deputy Chancellor\n\n> > (1) Whenever a vacancy in the office of Deputy Chancellor occurs, the Senate must elect a Fellow to be Deputy Chancellor of the University.\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 Fellow, holds office for such period (not exceeding 2 years), 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 11:** Am 2011 No 51, Sch 3.8 \\[2\\].","sortOrder":23},{"sectionNumber":"11A","sectionType":"section","heading":"Removal from office of Chancellor or Deputy Chancellor","content":"#### 11A Removal from office of Chancellor or Deputy Chancellor\n\n11A Removal from office of Chancellor or Deputy Chancellor\n\n> > (1) The Senate 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 Fellows for the time being of the Senate at two consecutive ordinary meetings of the Senate.\n> \n> > (3) The Chancellor or Deputy Chancellor may be removed from office under this section despite section 26G (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 11A:** Ins 2011 No 51, Sch 3.8 \\[3\\].","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Vice-Chancellor","content":"#### 12 Vice-Chancellor\n\n12 Vice-Chancellor\n\n> > (1) Whenever a vacancy in the office of Vice-Chancellor occurs, the Senate must appoint a person (whether or not a Fellow) to be Vice-Chancellor of the University.\n> \n> > (2) The Vice-Chancellor, unless he or she sooner resigns as Vice-Chancellor, holds office for such period, and on such conditions, as the Senate determines.\n> \n> > (3) The Vice-Chancellor is the principal executive officer of the University and has the functions conferred or imposed on the Vice-Chancellor by or under this or any other Act.\n> \n> > (4) If a person who is not a Fellow is appointed at any time to act in the place of the Vice-Chancellor, that person is, while so acting, to be taken to be a Fellow.","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Visitor","content":"#### 13 Visitor\n\n13 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 13:** Subst 1994 No 16, Sch 1.","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Convocation","content":"#### 14 Convocation\n\n14 Convocation\n\n> > (1) Convocation consists of—\n> > \n> > > (a) the Fellows and former Fellows of the Senate,\n> > \n> > > (b) the graduates of the University,\n> > \n> > > (c) the persons referred to in section 34,\n> > \n> > > (d) 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> > > (e) such graduates of other universities, or other persons, as are, in accordance with the by-laws, admitted as members of Convocation.\n> \n> > (2) Subject to the by-laws, meetings of Convocation are to be convened and the business at the meetings is to be as determined by Convocation.\n> \n> > (3) A quorum at any meeting of Convocation is to be such number of members as may be prescribed by the by-laws.\n> \n> > (4) Convocation has such functions as may be prescribed by the by-laws.\n> \n> > (5) The Senate may establish a Standing Committee and such other committees of Convocation as it considers necessary.","sortOrder":27},{"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 Senate may, in accordance with the by-laws, determine.\n> \n> > (2) Subject to subsection (1), the constitution and functions of the Academic Board are to be as prescribed by the by-laws.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Functions of Senate","content":"# Part 4 Functions of Senate\n\nPart 4 Functions of Senate","sortOrder":29},{"sectionNumber":"16","sectionType":"section","heading":"Functions of Senate","content":"#### 16 Functions of Senate\n\n16 Functions of Senate\n\n> > (1A) The Senate—\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 Senate to be best calculated to promote the object and interests of the University.\n> \n> > (1B) Without limiting the functions of the Senate under subsection (1A), the Senate 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 26A), 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 Fellows a program of induction and of development relevant to their role as a Fellow.\n> \n> > (1) Without limiting the functions of the Senate under subsection (1A), the Senate 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 (including ad eundem degrees and honorary degrees) and award such diplomas and other certificates, as it thinks fit,\n> > \n> > > (b) appoint and terminate the appointment of academic and other staff of the University,\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,\n> > \n> > > (e) invest any funds belonging to or vested in the University,\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),\n> > \n> > > (g) (Repealed)\n> > \n> > > (h) authorise any other university or educational institution (whether in New South Wales or elsewhere) to confer degrees, or to award diplomas or other certificates, on behalf of the University,\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 Senate 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 Senate.\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 Senate and requires the Senate to report on the University’s operations.\n> \n> **s 16:** Am 1996 No 24, Sch 1; 2001 No 101, Sch 7 \\[4\\]–\\[11\\]; 2004 No 115, Sch 7 \\[3\\]; 2014 No 43, Sch 1.7 \\[2\\]; 2017 No 22, Sch 1.28 \\[1\\] \\[2\\].\n> \n> **s 16, note:** Ins 2004 No 115, Sch 7 \\[4\\]. Subst 2018 No 70, Sch 4.110\\[1\\].","sortOrder":31},{"sectionNumber":"16A","sectionType":"section","heading":"Controlled entities","content":"#### 16A Controlled entities\n\n16A Controlled entities\n\n> > (1) The Senate 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 Senate is permitted to do so by the Minister under this section.\n> \n> > (2) The Minister may, by order in writing, permit the Senate 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 Senate at its discretion.\n> \n> > (5A) The Senate 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 Senate 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 Senate.\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 Senate.\n> \n> **s 16A:** Ins 2001 No 101, Sch 7 \\[12\\]. Am 2004 No 115, Sch 7 \\[5\\]–\\[7\\]; 2018 No 70, Sch 4.110\\[2\\].","sortOrder":32},{"sectionNumber":"17","sectionType":"section","heading":"Delegation by Senate","content":"#### 17 Delegation by Senate\n\n17 Delegation by Senate\n\n> > (1) The Senate may delegate any of its functions, other than this power of delegation, to—\n> > \n> > > (a) a member or committee of the Senate, 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 Senate’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 7\\[1\\].","sortOrder":33},{"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 Senate.\n> \n> **s 17A:** Ins 2001 No 101, Sch 7 \\[13\\]. Am 2018 No 70, Sch 4.110\\[3\\].","sortOrder":34},{"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 Senate must include in each annual report of the Senate as part of the report of its operations a report as to any action taken by the Senate 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 Senate or the University—\n> \n> > (a) whether or not the recommendation relates to a referral by the Minister under section 26E, and\n> \n> > (b) whether or not the recommendation relates to a University commercial activity (as defined in section 26A).\n> \n> **s 17B:** Ins 2001 No 101, Sch 7 \\[13\\].","sortOrder":35},{"sectionNumber":"18","sectionType":"section","heading":"Powers of Senate relating to University property","content":"#### 18 Powers of Senate relating to University property\n\n18 Powers of Senate relating to University property\n\n> > (1) The Senate has the control and management of land and other property vested in the University.\n> \n> > (2) The Senate 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)–(5), 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 Senate must not sell, mortgage, charge or lease relevant land without the Minister’s approval.\n> \n> > (4) Despite subsection (3), the Senate 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 Senate 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) A lease of land vested in the University, or a renewal of the lease, to a residential college affiliated with the University—\n> > \n> > > (a) must be for a term that is no more than 99 years, and\n> > \n> > > (b) must be at a nominal rent, and\n> > \n> > > (c) must contain a condition that the lease must not be assigned, and\n> > \n> > > (d) may contain other conditions the Senate considers necessary or appropriate.\n> \n> > (6) 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> > (7) 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 1.7 \\[3\\]–\\[5\\]; 2017 No 22, Sch 1.28 \\[3\\]; 2017 No 23, Sch 1.7. Subst 2024 No 66, Sch 7\\[2\\].","sortOrder":37},{"sectionNumber":"19","sectionType":"section","heading":"Powers of Senate over certain property vested in Crown","content":"#### 19 Powers of Senate over certain property vested in Crown\n\n19 Powers of Senate 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 Senate has the control and management of that property and is responsible for its maintenance.\n> \n> > (2) Nothing in subsection (1) enables the Senate 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) Notwithstanding subsection (2), the Senate 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 Senate thinks fit.\n> \n> > (5) The Senate is, in the exercise of its functions under this section, subject to the control and direction of the Minister.\n> \n> **s 19:** Am 2014 No 43, Sch 1.7 \\[6\\].","sortOrder":38},{"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.\n> \n> **s 20:** Subst 1992 No 57, Sch 2.","sortOrder":39},{"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 Natural Resources 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":40},{"sectionNumber":"Division 3","sectionType":"division","heading":"Variation of trusts","content":"## Division 3 Variation of trusts\n\nDivision 3 Variation of trusts","sortOrder":41},{"sectionNumber":"22","sectionType":"section","heading":"Definitions","content":"#### 22 Definitions\n\n22 Definitions\n\n> In this Division—\n> \n> donor, in relation to a trust, means the person creating the trust, whether or not the trustee is a volunteer.\n> \n> prize includes a scholarship or exhibition.","sortOrder":42},{"sectionNumber":"23","sectionType":"section","heading":"Trusts to which Division applies","content":"#### 23 Trusts to which Division applies\n\n23 Trusts to which Division applies\n\n> This Division applies to a trust, whether created before or after the commencement of this section—\n> \n> > (a) by which any property is held—\n> > \n> > > (i) by the University on trust for a particular purpose, or\n> > \n> > > (ii) by any person on trust for the University for a particular purpose, and\n> \n> > (b) the terms of which, by reason of the death or incapacity of the donor or otherwise, could not, but for the provisions of this Division, be varied without the order of a court.","sortOrder":43},{"sectionNumber":"24","sectionType":"section","heading":"Variation of amount of prize, scholarship or exhibition","content":"#### 24 Variation of amount of prize, scholarship or exhibition\n\n24 Variation of amount of prize, scholarship or exhibition\n\n> > (1) If—\n> > \n> > > (a) by the terms of a trust for the award from time to time, out of the income from the trust property or its proceeds, of a prize, the prize to be awarded is a fixed amount of money, and\n> > \n> > > (b) in the opinion of the Senate, the value of the amount so fixed has been so affected by monetary inflation that it no longer reflects the intentions of the donor with respect to the value and significance of the prize,\n> > \n> > the Senate may request the Minister to effect a variation of the amount of the prize.\n> \n> > (2) The Minister, if satisfied that it is just and equitable to do so, may determine to vary the amount of the prize in accordance with the Senate’s request.\n> \n> > (3) On delivery to the Senate of an instrument in writing signed by the Minister and specifying such a variation, the trust concerned is varied accordingly.","sortOrder":44},{"sectionNumber":"25","sectionType":"section","heading":"Variation of terms of trust","content":"#### 25 Variation of terms of trust\n\n25 Variation of terms of trust\n\n> > (1) If—\n> > \n> > > (a) by the terms of a trust, any property is held—\n> > > \n> > > > (i) on trust for a charitable purpose, or\n> > > \n> > > > (ii) on trust for a purpose of the University other than its general purposes, and\n> > \n> > > (b) in the opinion of the Senate, it is impossible or inexpedient to carry out or observe the terms of the trust, whether as to its purpose or any other of its terms,\n> > \n> > the Senate may request the Minister to effect a variation of the terms of the trust.\n> \n> > (2) The Minister, if satisfied that it is just and equitable to do so, and with the concurrence of the Attorney General, may determine to vary the terms of the trust concerned in accordance with the Senate’s request.\n> \n> > (3) In the making of any such determination, regard is to be had—\n> > \n> > > (a) to the extent to which it may be necessary to depart from the terms of the trust concerned in order to avoid the impossibility or inexpediency complained of, and\n> > \n> > > (b) to what appear to have been the intentions of the donor in creating the trust.\n> \n> > (4) On delivery to the Senate of an instrument in writing signed by the Minister and specifying a variation of the terms of the trust concerned, the trust is varied accordingly.","sortOrder":45},{"sectionNumber":"26","sectionType":"section","heading":"Further variation","content":"#### 26 Further variation\n\n26 Further variation\n\n> A trust that has been varied in accordance with this Division may, in the same manner, be further varied from time to time.","sortOrder":46},{"sectionNumber":"Division 4","sectionType":"division","heading":"Commercial activities","content":"## Division 4 Commercial activities\n\nDivision 4 Commercial activities\n\n**pt 4, div 4:** Ins 2001 No 101, Sch 7 \\[14\\].","sortOrder":47},{"sectionNumber":"26A","sectionType":"section","heading":"Definitions","content":"#### 26A Definitions\n\n26A Definitions\n\n> In this Division—\n> \n> the Guidelines means the guidelines determined for the time being under section 26B.\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 26A:** Ins 2001 No 101, Sch 7 \\[14\\]. Am 2014 No 43, Sch 1.7 \\[7\\].","sortOrder":48},{"sectionNumber":"26B","sectionType":"section","heading":"Guidelines for commercial activities","content":"#### 26B Guidelines for commercial activities\n\n26B Guidelines for commercial activities\n\n> > (1) The Senate 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 Senate 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 Senate 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 26A,\n> > \n> > > (f) establishing a protocol regarding the rights and responsibilities of members of the Senate in relation to commercialisation, with a view to avoiding real or apparent conflicts of interest.\n> \n> > (4) The Senate must ensure that the Guidelines are complied with.\n> \n> > (5), (6) (Repealed)\n> \n> **s 26B:** Ins 2001 No 101, Sch 7 \\[14\\]. Am 2014 No 43, Sch 1.7 \\[8\\] \\[9\\].","sortOrder":49},{"sectionNumber":"26C","sectionType":"section","heading":"Register of commercial activities","content":"#### 26C Register of commercial activities\n\n26C Register of commercial activities\n\n> > (1) The Senate 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 Senate 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 26C–26E:** Ins 2001 No 101, Sch 7 \\[14\\].","sortOrder":50},{"sectionNumber":"26D","sectionType":"section","heading":"Reports to Minister on commercial activities","content":"#### 26D Reports to Minister on commercial activities\n\n26D Reports to Minister on commercial activities\n\n> > (1) The Minister may request a report from the Senate as to University commercial activities or as to any particular University commercial activity or aspect of a University commercial activity.\n> \n> > (2) The Senate must provide a report to the Minister in accordance with the Minister’s request.\n> \n> **ss 26C–26E:** Ins 2001 No 101, Sch 7 \\[14\\].","sortOrder":51},{"sectionNumber":"26E","sectionType":"section","heading":"Referral of matters to Ombudsman or Auditor-General","content":"#### 26E Referral of matters to Ombudsman or Auditor-General\n\n26E 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 Senate 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 26C–26E:** Ins 2001 No 101, Sch 7 \\[14\\].","sortOrder":52},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Duties of Fellows","content":"# Part 4A Duties of Fellows\n\nPart 4A Duties of Fellows\n\n**pt 4A (ss 26F, 26G):** Ins 2004 No 115, Sch 7 \\[8\\].","sortOrder":53},{"sectionNumber":"26F","sectionType":"section","heading":"Duties of Fellows","content":"#### 26F Duties of Fellows\n\n26F Duties of Fellows\n\n> The Fellows have the duties set out in Schedule 2A.\n> \n> **pt 4A (ss 26F, 26G):** Ins 2004 No 115, Sch 7 \\[8\\].","sortOrder":54},{"sectionNumber":"26G","sectionType":"section","heading":"Removal from office for breach of duty","content":"#### 26G Removal from office for breach of duty\n\n26G Removal from office for breach of duty\n\n> > (1) The Senate may remove a Fellow 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 Senate of which notice (including notice of the motion that the Fellow 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 Fellows for the time being.\n> \n> > (4) The motion for removal must not be put to the vote of the meeting unless the Fellow 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 Fellow 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 Fellow may not be removed from office by the Senate for breach of duty except pursuant to this section.\n> \n> **pt 4A (ss 26F, 26G):** Ins 2004 No 115, Sch 7 \\[8\\].","sortOrder":55},{"sectionNumber":"Part 5","sectionType":"part","heading":"Establishment of academic colleges","content":"# Part 5 Establishment of academic colleges\n\nPart 5 Establishment of academic colleges","sortOrder":56},{"sectionNumber":"27","sectionType":"section","heading":"Establishment of academic colleges","content":"#### 27 Establishment of academic colleges\n\n27 Establishment of academic colleges\n\n> > (1) The following academic colleges of the University are established—\n> > \n> > > Sydney Conservatorium of Music\n> > \n> > > Cumberland College of Health Sciences\n> > \n> > > Sydney College of the Arts\n> \n> > (2) The Governor may, by order published in the Gazette, establish—\n> > \n> > > (a) an educational institution set up by the University,\n> > \n> > > (b) any other public educational institution or body, or\n> > \n> > > (c) any part of any such institution or body,\n> > \n> > as an academic college.\n> \n> > (3) If, before the establishment of an academic college, any property has been vested in or acquired by any person on trust for the purposes for which the college is established, the person may, when the college is established, convey or transfer the property to the University on trust to apply the property, or the proceeds of it or the income from it, for the benefit of the college.\n> \n> **s 27:** Am 1993 No 70, sec 4; 2006 No 58, Sch 1.39.","sortOrder":57},{"sectionNumber":"28","sectionType":"section","heading":"Advisory councils","content":"#### 28 Advisory councils\n\n28 Advisory councils\n\n> > (1) An advisory council may be constituted for an academic college.\n> \n> > (2) An advisory council is to consist of no fewer than 10, and no more than 20, members.\n> \n> > (3) The members of an advisory council are to be appointed by the Senate.\n> \n> > (4) An advisory council has such functions as may be prescribed by the by-laws.","sortOrder":58},{"sectionNumber":"Part 6","sectionType":"part","heading":"General","content":"# Part 6 General\n\nPart 6 General","sortOrder":59},{"sectionNumber":"29","sectionType":"section","heading":"Advance by Treasurer","content":"#### 29 Advance by Treasurer\n\n29 Advance by Treasurer\n\n> The Treasurer may, with the approval of the Governor, advance to the Senate money for the temporary accommodation of the University on such terms and conditions in relation to repayment and interest as may be agreed upon.","sortOrder":60},{"sectionNumber":"29A","sectionType":"section","heading":"Stamp duty exemption","content":"#### 29A Stamp duty exemption\n\n29A Stamp duty exemption\n\n> > (1) Unless the Treasurer otherwise directs in a particular case, neither the University nor the Senate 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 Senate 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 29A:** Ins 2001 No 101, Sch 7 \\[15\\].","sortOrder":61},{"sectionNumber":"30","sectionType":"section","heading":"Financial year","content":"#### 30 Financial year\n\n30 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":62},{"sectionNumber":"31","sectionType":"section","heading":"No religious test or political discrimination","content":"#### 31 No religious test or political discrimination\n\n31 No religious test or political discrimination\n\n> A person is not, because of his or her religious or political affiliations, views or beliefs, to be denied admission as a student of the University or to be taken to be ineligible to hold office in, to graduate from or to enjoy any benefit, advantage or privilege of the University.","sortOrder":63},{"sectionNumber":"32","sectionType":"section","heading":"Exemption from membership of body corporate or Convocation","content":"#### 32 Exemption from membership of body corporate or Convocation\n\n32 Exemption from membership of body corporate or Convocation\n\n> A student or graduate of the University or a member of staff of the University is entitled to be exempted by the Senate, on grounds of conscience, from membership of the body corporate of the University or of Convocation, or both.","sortOrder":64},{"sectionNumber":"33","sectionType":"section","heading":"Re-appointment or re-election","content":"#### 33 Re-appointment or re-election\n\n33 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":65},{"sectionNumber":"34","sectionType":"section","heading":"Academic status","content":"#### 34 Academic status\n\n34 Academic status\n\n> > (1) Persons belonging to the following classes of persons have the same rights and privileges within the University as have Masters and Doctors—\n> > \n> > > (a) professors and other full-time members of the academic staff of the University,\n> > \n> > > (b) principals of the incorporated colleges,\n> > \n> > > (c) persons declared by the by-laws to be superior officers of the University.\n> \n> > (2) Persons who possess qualifications that are recognised by the by-laws as being of the same rank as the degree of Bachelor have the same rights and privileges within the University as have Bachelors.","sortOrder":66},{"sectionNumber":"35","sectionType":"section","heading":"Seal of University","content":"#### 35 Seal of University\n\n35 Seal of University\n\n> The seal of the University is to be kept in such custody as the Senate may direct and is only to be affixed to a document pursuant to a resolution of the Senate.\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 35:** Am 2013 No 47, Sch 1.38 \\[1\\].","sortOrder":67},{"sectionNumber":"36","sectionType":"section","heading":"By-laws","content":"#### 36 By-laws\n\n36 By-laws\n\n> > (1) The Senate 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—\n> > \n> > > (a) the management, good government and discipline of the University,\n> > \n> > > (b) the method of election of members of the Senate who are to be elected,\n> > \n> > > (c) the manner and time of convening, holding and adjourning the meetings of the Senate or Academic Board,\n> > \n> > > (d) the manner of voting (including postal voting or voting by proxy) at meetings of the Senate or Academic Board,\n> > \n> > > (e) the functions of the presiding member of the Senate or Academic Board,\n> > \n> > > (f) the conduct and record of business of the Senate or Academic Board,\n> > \n> > > (g) the appointment of committees of the Senate or Academic Board,\n> > \n> > > (h) the quorum and functions of committees of the Senate or Academic Board,\n> > \n> > > (i) the resignation of members of the Senate, 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 and the designation of students of the University as undergraduate students, postgraduate students 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 Senate considers necessary, including fees and charges to be paid in respect of—\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,\n> > > \n> > > > (vii) the provision of amenities and services, whether or not of an academic nature, and\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 and honours and the attendance of candidates for degrees, diplomas, certificates and honours,\n> > \n> > > (r) the assessments for, and the granting of, memberships, 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 discipline of academic and residential colleges,\n> > \n> > > (v) the classes and courses of instruction provided at academic colleges and the conduct of examinations at such colleges,\n> > \n> > > (w) the constitution and functions of advisory councils,\n> > \n> > > (x) the delegation of functions of the Senate to advisory councils,\n> > \n> > > (y) the affiliation with the University of any educational or research establishment,\n> > \n> > > (z) the creation of faculties, schools, departments, centres, institutes or other entities within the University,\n> > \n> > > (aa) the provision of schemes of superannuation for the officers and employees of the University,\n> > \n> > > (bb) the form and use of academic costume,\n> > \n> > > (cc) the form and use of an emblem of the University or of any body within or associated with the University,\n> > \n> > > (dd) the use of the seal of the University, and\n> > \n> > > (ee) 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 36:** Am 1994 No 16, Sch 1; 2004 No 115, Sch 7 \\[9\\].","sortOrder":68},{"sectionNumber":"37","sectionType":"section","heading":"Rules","content":"#### 37 Rules\n\n37 Rules\n\n> > (1) The by-laws may empower any authority (including the Senate) 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 3 (2), 8D (3) (a), 8E (4), 8F (2), 9 (1) (c) and (d), 10 (2), 14 (1), 16 (1) (d) and (e), 30 and 36 (1) (k) and clause 1 (1) (c) and (d) of Schedule 1 and clause 3 of that Schedule (to the extent it relates to appointments).\n> \n> > (1A) Despite subsection (1), only the Senate may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 8D (3) (b), 8E (2) (a) and 36 (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 Senate must ensure that any election rule it makes is made readily available to the public by whatever means the Senate 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 Senate (whether or not the Senate 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 37:** Subst 1994 No 16, Sch 1. Am 2004 No 115, Sch 7 \\[10\\]; 2014 No 43, Sch 1.7 \\[10\\]–\\[13\\]; 2016 (194), Sch 1 \\[2\\] \\[3\\].","sortOrder":69},{"sectionNumber":"38","sectionType":"section","heading":"Recovery of charges, fees and other money","content":"#### 38 Recovery of charges, fees and other money\n\n38 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":70},{"sectionNumber":"39","sectionType":"section","heading":"Repeal etc","content":"#### 39 Repeal etc\n\n39 Repeal etc\n\n> > (1) The [University and University Colleges Act 1900](/view/pdf/asmade/act-1900-22) is repealed.\n> \n> > (2) The Senate of the University of Sydney, as constituted immediately before the repeal of the [University and University Colleges Act 1900](/view/pdf/asmade/act-1900-22), is dissolved.\n> \n> > (3) The persons holding office as members of the Senate and Deputy Chancellor immediately before the repeal of the [University and University Colleges Act 1900](/view/pdf/asmade/act-1900-22) cease to hold office as such on that repeal.","sortOrder":71},{"sectionNumber":"40","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 40 Savings and transitional provisions\n\n40 Savings and transitional provisions\n\n> > (1) Schedule 3 has effect.\n> \n> > (2) For the purpose only of enabling the Senate to be duly constituted on or after the commencement of section 9, elections may be conducted and appointments made before that commencement as if—\n> > \n> > > (a) the whole of this Act, and\n> > \n> > > (b) sections 7, 10, 13, 19, 20 and 21 of the [Higher Education (Amalgamation) Act 1989](/view/html/inforce/current/act-1989-065),\n> > \n> > were in force.\n> \n> > (3) A Fellow who is elected or appointed to the Senate under this section does not assume office before the commencement of section 9.\n> \n> > (4) The Senate of the University of Sydney referred to in the [University and University Colleges Act 1900](/view/pdf/asmade/act-1900-22) is to make the nomination for the purposes of section 9 (4) in respect of the first Senate to be constituted under this Act.","sortOrder":72},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to Fellows and to the procedure of the Senate","content":"# Schedule 1 Provisions relating to Fellows and to the procedure of the Senate\n\nSchedule 1 Provisions relating to Fellows and to the procedure of the Senate\n\n(Section 8A (3))\n\n**sch 1:** Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2001 No 101, Sch 7 \\[16\\]; 2004 No 115, Sch 7 \\[11\\] \\[12\\]; 2011 No 51, Sch 3.8 \\[4\\] \\[5\\]; 2016 (194), Sch 1 \\[4\\] \\[5\\].","sortOrder":73},{"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 Senate may be called or held using any technology consented to by all the Fellows of the Senate.\n> \n> > (2) The consent may be a standing one.\n> \n> > (3) A Fellow may only withdraw his or her consent a reasonable period before the meeting.\n> \n> > (4) If the Fellows are not all in attendance at one place and are holding a meeting using technology that permits each Fellow to communicate with other Fellows—\n> > \n> > > (a) the Fellows are, for the purpose of every provision of this Act and by-laws concerning meetings of the Senate, taken to be assembled together at a meeting and to be present at that meeting, and\n> > \n> > > (b) all proceedings of those Fellows conducted in that manner are as valid and effective as if conducted at a meeting at which all of them were present.","sortOrder":80},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Investment","content":"# Schedule 2 Investment\n\nSchedule 2 Investment\n\n(Section 16)\n\n**sch 2:** Subst 1989 No 179, Sch 1. Am 2001 No 101, Sch 7 \\[17\\]; 2014 No 43, Sch 1.7 \\[14\\] \\[15\\].","sortOrder":85},{"sectionNumber":"2A","sectionType":"section","heading":"Funds managers","content":"#### 2A Funds managers\n\n2A Funds managers\n\n> > (1) The Senate 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 Senate invest funds of the University in any investment in which the funds manager is authorised to invest its own funds or other funds.","sortOrder":88},{"sectionNumber":"Schedule 2A","sectionType":"schedule","heading":"Duties of Fellows","content":"# Schedule 2A Duties of Fellows\n\nSchedule 2A Duties of Fellows\n\n(Section 26F)\n\n**sch 2A:** Ins 2004 No 115, Sch 7 \\[13\\]. Am 2008 No 23, Sch 3.51; 2010 No 19, Sch 3.120 \\[1\\] \\[2\\]; 2013 No 47, Sch 1.38 \\[2\\].","sortOrder":91},{"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 40)\n\n**sch 3:** Am 1994 No 16, Sch 1; 2001 No 101, Sch 7 \\[18\\]; 2004 No 115, Sch 7 \\[14\\] \\[15\\]; 2007 No 82, Sch 4.25; 2014 No 43, Sch 1.7 \\[16\\] \\[17\\]; 2016 (194), Sch 1 \\[6\\]; 2016 No 55, Sch 3.36; 2017 No 22, Sch 1.28 \\[4\\].","sortOrder":97},{"sectionNumber":"1A","sectionType":"section","heading":"Savings or transitional regulations","content":"#### 1A Savings or transitional regulations\n\n1A Savings or transitional regulations\n\n> > (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.\n> \n> > (2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.\n> \n> > (3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.","sortOrder":98},{"sectionNumber":"10A","sectionType":"section","heading":"Repeal of Acts does not affect operation of savings and transitional provisions","content":"#### 10A Repeal of Acts does not affect operation of savings and transitional provisions\n\n10A Repeal of Acts does not affect operation of savings and transitional provisions\n\n> > (1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.\n> > \n> > | Table |  |\n> > | Column 1 | Column 2 |\n> > | University Amendment (Exhibitioners’ Fees) Act 1918 | Sections 1–3 |\n> > | University Prizes and Medals Alteration Act 1917 | Section 2 and Schedule |\n> \n> > (2) The provisions listed in Column 2 of the Table to subclause (1) are transferred provisions to which section 30A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) applies.","sortOrder":109}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1989 Act established the University's basic legal framework. The approximately 19 amendments over 35 years reflect significant expansions and changes in scope — including shifts in governance structures, greater accountability requirements, changes to Senate composition, and alignment with evolving national higher education policy. The Act has grown well beyond a simple establishment charter to encompass detailed governance, financial, and accountability obligations."},"complexity_factors":["Long legislative history spanning 35+ years with approximately 19 amendments, meaning the current law is a product of many layered changes","Governance structures for universities involve interplay between the Act, university by-laws (internal rules), and broader higher education law","Multiple stakeholder groups affected (students, staff, Senate, government, public) with different rights and obligations","Interaction with federal higher education legislation (e.g., Higher Education Support Act) not visible in this document but relevant in practice","Only metadata/status information was provided — the actual operative provisions were not included, limiting full analysis","Ministerial oversight provisions create a public law dimension on top of the institution's internal governance rules"],"plain_english_summary":"## University of Sydney Act 1989\n\n**What is this?**\nThis is the New South Wales law that formally establishes the University of Sydney as a legal institution. Think of it as the University's birth certificate and rulebook — it gives the University its legal existence, sets out how it must be governed, and defines its powers and responsibilities.\n\n**Who does it affect?**\n- **Students** at the University of Sydney — your enrolment, fees, and rights exist within the framework this Act creates\n- **Staff** — their employment is within an institution whose structure is defined here\n- **The University's governing body (the Senate)** — its composition, powers, and accountability are set by this Act\n- **NSW taxpayers** — the University receives public funding and this Act ensures some government oversight\n- **The broader community** — it defines the University's purpose (education, research, public benefit)\n\n**Why does it matter?**\nWithout this Act, the University of Sydney would have no legal standing — it couldn't own property, sign contracts, employ staff, or award degrees. The Act also determines who runs the University and how, which affects every decision made about courses, fees, campus facilities, and research priorities.\n\n**Key things to know:**\n- The University is run by a **Senate** (its governing board, similar to a board of directors for a company)\n- The Act has been amended **many times** since 1989 — roughly 19 significant updates — reflecting changes in how universities are expected to operate\n- The NSW **Minister for Skills, TAFE and Tertiary Education** has oversight responsibilities under this Act\n- The most recent update came into effect **30 September 2024**\n\n**Note:** The document provided is primarily the metadata and status information for the Act — the actual substantive provisions (the rules themselves) are not included in what was supplied for analysis."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as provided includes subsequent amendments that expand and clarify the University’s commercial and governance remit compared with an earlier text. Key scope changes in the enacted text include: (a) explicit statutory authorisation for commercial functions and revenue generation to support the University’s object (s 6(3), (a1)); (b) a formal statutory regime for University commercial activities requiring Guidelines, a Register and Ministerial reporting/referral powers (ss 26A–26E; Sch 3 cl 15); (c) additional controls over controlled entities, including Ministerial permission for activities beyond the University’s statutory powers and governance reporting expectations (s 16A(1)–(5A)); (d) evolved Senate composition and appointment rules including Ministerial appointment provisions (ss 8B, 8G) and specified qualifications for members (s 8C); and (e) strengthened duties and removal procedures for Fellows (Schedule 2A; ss 26F–26G). These amendments shift the Act’s scope from a primarily academic governance statute toward one that explicitly integrates commercial, financial and State‑oversight dimensions (see sections cited)."},"complexity_factors":["Multiple governance layers and membership categories for the Senate with election, Senate appointment and Ministerial appointment pathways (ss 8A–8H, 8B–8G, s 9).","Detailed duties, disclosure rules and removal procedures for Fellows with procedural safeguards and record obligations (Schedule 2A; ss 26F–26G; Sch 1 cl 5).","Statutory commercial regime requiring Guidelines, a Register, reporting and external referral powers (ss 26A–26E).","Property powers linked to State transfers and Ministerial approval requirements for significant disposals or long leases (ss 18–21).","Delegation, sub‑delegation limits and obligations for controlled entities, with Ministerial permission carve‑outs (ss 17, 16A).","Investment and funds management powers, including funds managers and common funds, subject to trust directions (Schedule 2).","Extensive by‑law and rule‑making architecture with layers of Governor approval, Senate rules and public availability requirements (ss 36–37).","Numerous transitional and amendment provisions that alter scope and interact with other statutes and oversight Acts (Schedule 3; s 17A)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\n- What it does mechanically\n  - Creates and continues The University of Sydney as a corporate body governed by a Senate, Convocation, academic staff, graduates and students (ss 4–5, 8A(1)).\n  - Sets out the University’s object and authorised functions, including teaching, research and explicitly authorised commercial activity and revenue generation (s 6(1)–(3)).\n  - Specifies the constitution, composition, appointment methods, terms and qualifications for the Senate and its members, including elected members, Senate-appointed members and Ministerially appointed members (ss 8A–8H, 8B–8G, 9).\n  - Gives the Senate broad governance powers: control and management of University affairs, approval of mission, budget, investments, major commercial activities, delegation powers and responsibility for oversight of the Vice-Chancellor (ss 16, 17, 17A, 17B).\n  - Authorises the Senate to make by-laws and rules for University governance and operations, subject to Governor approval for by-laws (ss 36–37).\n  - Regulates University property powers (acquiring, dealing with and leasing land and other property), including Ministerial approval requirements for certain disposals and special rules for land acquired from the State or vested in the Crown (ss 18–21).\n  - Establishes a statutory framework for University commercial activities: mandatory Guidelines, a Register, Ministerial reporting powers, and referral powers to the Auditor‑General or Ombudsman (ss 26A–26E, Schedule 3 cl 15).\n  - Imposes duties on Fellows (governors) — duties of good faith, care and diligence, and rules about conflicts, disclosure and records — and prescribes the process for removal for breach (Schedule 2A; ss 26F–26G; Sch 1 cl 5) .\n  - Sets out financial and administrative support measures: Treasurer may advance money to the Senate and may exempt stamp duty for borrowing or investment arrangements (ss 29, 29A); the Senate may invest funds and engage funds managers (Schedule 2).\n\n- Who it affects\n  - The University of Sydney (the corporate entity), its Senate and Fellows, officers (Chancellor, Deputy Chancellor, Vice‑Chancellor), staff, students, graduates, affiliated residential colleges and any controlled entities (through ss 4–5, 8A, 16A, 18(5)).\n  - The State (Treasurer and Minister) where Ministerial approvals, appointments or referrals are required (ss 8G, 16A(2), 18(3), 26D–26E, 29).\n  - Commercial partners, joint ventures, companies or other bodies that enter arrangements with the University (ss 6(3)(a), 16(1)(f)).\n\n- Why it matters (stated purposes and the concrete mechanisms that follow from them)\n  - The Act states the University’s object is to promote scholarship, research, free inquiry and academic excellence (s 6(1)). To support that object, the Act grants operational powers (courses, research, degrees), governance powers (budget, audit, risk management) and commercial powers to generate revenue for the University’s purposes (s 6(2)–(3); s 16(1)(a),(d),(e),(f),(g)).\n  - To manage the risks and public interest dimensions of commercial activity, the Act requires the Senate to adopt and follow Guidelines (s 26B), maintain a Register of commercial activities (s 26C), provide reports to the Minister on request (s 26D), and to accept possible investigation by the Auditor‑General or Ombudsman if the Minister refers a matter (s 26E).\n\n- Who pays, who decides, and what behaviour changes\n  - Who pays: students and service users may be charged fees the Senate authorises (s 16(1)(j); Sch 36(1)(n)); the Treasurer may advance funds to the Senate on agreed terms (s 29); stamp duty may be exempted at the Treasurer’s direction for borrowing or investment activities (s 29A). Residential colleges leasing University land must pay a nominal rent where specified (s 18(5)(b)).\n  - Who decides: the Senate is the primary decision‑maker for University governance and most operational choices (s 8A(2); s 16). The Minister has specific powers: to appoint certain Senate members (s 8G), to approve the sale/mortgage/long leases of relevant State‑transferred land (s 18(3)), to permit controlled entities to act beyond University statutory powers (s 16A(2)), and to request reports or refer commercial matters to external investigators (ss 26D–26E). The Governor’s role is largely ceremonial as Visitor (s 13).\n  - Behaviour changes required by the Act: Senate and Fellows must exercise duties of care, disclose material interests and keep disclosure records (Schedule 2A cl 1–5); the Senate must adopt and comply with commercial Guidelines and keep a Register of commercial activities (ss 26B–26C); the Senate must oversee risk, audit and performance and may need to obtain independent audit reports of entities in which it has an interest (s 16(1B)(e)).\n\n- Compliance burden, discretion and practical trade‑offs (source‑grounded)\n  - Compliance burdens: the Senate must draft, approve and maintain Guidelines and a Register, ensure compliance with them and provide copies or extracts of the Register to the Minister on request (ss 26B(1),(4); 26C(1),(3)). Fellows must disclose material interests, have those disclosures recorded and, unless the Senate permits, abstain from deliberations on conflicted matters (Schedule 2A cl 5). The Senate must report actions taken on recommendations of the Ombudsman or Auditor‑General in its annual report (s 17B).\n  - Discretion: the Senate has wide discretion over University operations, investments and delegations (ss 16, 17, Schedule 2). The Minister has targeted discretion to appoint members (s 8G), approve certain land dealings (s 18(3)) and permit controlled entities to act outside the University’s statutory authorisations (s 16A(2)). These statutory discretions create points where State decision‑makers can influence University governance and commercial scope.\n  - Trade‑offs and opportunity costs apparent in the text: granting the University express commercial powers (s 6(3)(a),(a1)) expands revenue options but triggers oversight and record‑keeping requirements (ss 26B–26C) and potential external review (s 26E). Senate authority to invest, borrow and set fees (s 16(1)(d),(e),(j); Sch 2) supports financial flexibility but places responsibility on the Senate for risk management, audit and delegation safeguards (s 16(1B),(f); 16A(5A)).\n\n- Effects on private enterprise and market interactions (what the Act allows or requires)\n  - The Act authorises the University to enter partnerships, establish or participate in companies, trusts or joint ventures and to commercialise University assets and intellectual property (s 6(3)(a); s 16(1)(f)). It also permits loans and grants to students and the imposition of fees (s 16(1)(i),(j)).\n  - The Act requires governance checks for commercialisation (Guidelines, Register, Ministerial reporting/referral) but does not set price controls, sector exclusivity, or trading bans in the text provided (ss 26B–26E).\n  - The Senate may engage external funds managers and establish investment common funds (Schedule 2 cl 2A; cl 3) — mechanisms that can pool and outsource investment management.\n\n- Concentrated benefits, diffuse costs and capture risk described as mechanisms\n  - Concentrated benefits: appointments to governing bodies, authorisations to participate in commercial ventures, or positions on controlled‑entity boards can confer discrete advantages to appointees and counterparties; the Act centralises appointment power in the Senate and, for some seats, in the Minister (ss 8F, 8G, 16A(5A)).\n  - Diffuse costs: compliance, record‑keeping, audit and possible external investigation obligations (ss 26B–26E; s 17B) are borne by the University and ultimately by its budget (which may affect fees or services) rather than by any single commercial counterparty.\n  - Capture and conflicts: the Act requires disclosures and a protocol on conflicts in the Guidelines (s 26B(3)(f); Schedule 2A cl 5) and records of disclosures open for inspection (Schedule 2A cl 5(3)), reflecting a legislative attempt to manage that risk. Ministerial appointment and approval powers (ss 8G, 18(3), 16A(2)) create identifiable points where external influence is possible.\n\n- Implementation risks\n  - The Senate bears primary responsibility for translating statutory obligations into functioning by‑laws, guidelines, registers and reporting (ss 36, 26B, 26C). Failure to implement or document required processes may expose the University to Ministerial oversight, referral to oversight bodies or internal governance failures (ss 26D–26E; s 17B).\n\n(References in parentheses are to sections and schedules of the Act as supplied.)"},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1989 Act primarily continued the pre-existing University of Sydney (s 4) with a focus on establishment, basic functions, Senate constitution, and property management. Amendments have significantly expanded scope to incorporate modern commercial functions (s 6(3) and (a1)), detailed Senate oversight and risk management obligations (s 16(1B)), specific fiduciary-style duties for Fellows (Schedule 2A and s 26G), controls on controlled entities (s 16A), and financial adjustment powers, moving well beyond the initial continuation of the 1850 institution into comprehensive regulatory, commercial, and accountability frameworks."},"complexity_factors":["Extensive defined terms across s 3, s 8 and multiple schedules","Nested governance rules for Senate composition (ss 8A–8H), with two-thirds majority requirements and external member quotas","Cross-references to other Acts including the Interpretation Act 1987, Government Sector Finance Act 2018, Ombudsman Act 1974, and Land Acquisition (Just Terms Compensation) Act 1991","Layered provisions on commercial activities (Division 4 of Part 4, ss 26A–26E), controlled entities (s 16A), and trust variations (Division 3 of Part 4)","Detailed schedules covering Senate procedure, investment powers, Fellows' duties, and extensive savings/transitional clauses (Schedule 3 with 19 clauses plus regulation-making power)"],"plain_english_summary":"**The University of Sydney Act 1989** creates and governs the University of Sydney as a legal entity (a body corporate). It sets the university's main goal as promoting scholarship, research, free inquiry, and academic excellence within its available resources. The law explains the university's functions, including providing university-level education and research, offering courses, awarding degrees (from Bachelor to Doctor), participating in public discussions, and generating revenue through commercial activities to support its work.\n\nIt establishes the Senate as the main governing body (with 11–22 members including elected staff and students, graduates, and external appointees), and defines roles for officers like the Chancellor, Deputy Chancellor, and Vice-Chancellor. The Act gives the Senate powers to manage property, invest funds, enter commercial deals, vary old trusts in certain cases, and oversee controlled companies or joint ventures. It also sets out duties for Senate members (such as acting in the university's best interests and avoiding conflicts), rules for academic colleges, and protections like no religious or political tests for students or staff.\n\nThis matters because it provides the legal backbone for how one of Australia's largest universities operates, balancing academic freedom, good governance, financial sustainability, and accountability to the public."}},"importantCases":[],"_links":{"self":"/api/acts/university-of-sydney-act-1989","history":"/api/acts/university-of-sydney-act-1989/history","analysis":"/api/acts/university-of-sydney-act-1989/analysis","conflicts":"/api/acts/university-of-sydney-act-1989/conflicts","importantCases":"/api/acts/university-of-sydney-act-1989/important-cases","documents":"/api/acts/university-of-sydney-act-1989/documents"}}