{"id":"nsw:act-1989-069","name":"University of Technology Sydney Act 1989","slug":"university-of-technology-sydney-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"69 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106870,"registerId":"nsw-act-1989-069-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [University of Technology Sydney Act 1989](/view/html/inforce/current/act-1989-069).\n> \n> **s 1:** Am 2015 No 15, Sch 1.27 \\[2\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > commercial functions of the University means the commercial functions described in section 6 (3) (a).\n> > \n> > Council means the Council of the University.\n> > \n> > professional staff of the University means the staff of the University that is not the academic staff.\n> > \n> > University means the University of Technology 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 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> > > (a) by the University,\n> > \n> > > (b) 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> > > (c) 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 1989 No 130, Sch 2; 2001 No 101, Sch 8 \\[1\\]; 2004 No 115, Sch 8 \\[1\\]; 2015 No 15, Sch 1.27 \\[3\\]; 2016 No 27, Sch 1.30 \\[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 Council,\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.","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 Technology Sydney.\n> \n> **s 5:** Am 2015 No 15, Sch 1.27 \\[4\\].","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 8 \\[2\\]. Am 2014 No 43, Sch 1.8 \\[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 8 \\[3\\].","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Council, authorities and officers of the University","content":"# Part 3 The Council, authorities and officers of the University\n\nPart 3 The Council, authorities and officers of the University","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Council","content":"## Division 1 The Council\n\nDivision 1 The Council\n\n**pt 3, div 1, hdg:** Ins 2012 (463), 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 Council 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 professional staff of the University or an undergraduate or graduate student of the University.\n> \n> Council appointed member—see section 8F.\n> \n> graduate member—see section 8E.\n> \n> Ministerially appointed member—see section 8G.\n> \n> official member—see section 8H.\n> \n> **s 8:** Subst 2012 (463), Sch 1 \\[1\\]. Am 2016 No 27, Sch 1.30 \\[2\\].","sortOrder":11},{"sectionNumber":"8A","sectionType":"section","heading":"Council","content":"#### 8A Council\n\n8A Council\n\n> > (1) There is to be a Council of the University.\n> \n> > (2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.\n> \n> > (3) Schedule 1 has effect in relation to the members and procedure of the Council.\n> \n> **ss 8A–8C:** Ins 2012 (463), Sch 1 \\[1\\].","sortOrder":12},{"sectionNumber":"8B","sectionType":"section","heading":"Size of Council","content":"#### 8B Size of Council\n\n8B Size of Council\n\n> > (1) The Council is to consist of a minimum of 11, and a maximum of 22, members.\n> \n> > (2) The total number of members is to be determined from time to time by a resolution passed by at least two-thirds of the members of the Council (the total number of members).\n> \n> > (3) The Council is to include the following categories of members—\n> > \n> > > (a) official members,\n> > \n> > > (b) elected members,\n> > \n> > > (c) Council appointed members,\n> > \n> > > (d) Ministerially appointed members.\n> \n> > (4) Subject to subsection (6), the number of members (other than official members) in each category is to be prescribed by rules made by the Council (in this Division called the constitution rules).\n> \n> > (5) A rule for the purposes of subsection (4) may be made only by a resolution passed by at least two-thirds of the members of the Council.\n> \n> > (6) The majority of the total number of members must be external persons.\n> > \n> > Note—\n> > \n> > Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of subsection (6).\n> \n> > (7) The number of members in any one category of members must not at any time constitute a majority of the total number of members.\n> \n> > (8) The Council must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.\n> \n> **ss 8A–8C:** Ins 2012 (463), 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 Council—\n> > \n> > > (a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and\n> > \n> > > (b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).\n> \n> > (2) All appointed members must have expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University.\n> \n> **ss 8A–8C:** Ins 2012 (463), 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 (professional 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 professional staff of the University elected by members of the professional 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 professional 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> **s 8D:** Ins 2012 (463), Sch 1 \\[1\\]. Am 2016 No 27, Sch 1.30 \\[2\\].","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 Council, or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.\n> \n> > (2) The constitution rules may provide for the persons referred to in subsection (1) to become members of the Council in any one or more (or combination) of the following ways—\n> > \n> > > (a) by election as elected (graduate) members in the manner prescribed by the by-laws,\n> > \n> > > (b) by appointment by the Council under section 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 8E–8H:** Ins 2012 (463), Sch 1 \\[1\\].","sortOrder":16},{"sectionNumber":"8F","sectionType":"section","heading":"Council appointed members","content":"#### 8F Council appointed members\n\n8F Council appointed members\n\n> > (1) The Council may appoint as members of the Council such number of external persons as is prescribed by the constitution rules for the category of Council appointed members.\n> \n> > (2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.\n> \n> **ss 8E–8H:** Ins 2012 (463), 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 Council 2 external persons, or such greater number of external persons (not exceeding 6) as is prescribed by the constitution rules for the category of Ministerially appointed members.\n> \n> > (2) The Minister may not appoint a member of the Parliament of New South Wales, the Parliament of the Commonwealth or another State or the Legislative Assembly of a Territory as a Ministerially appointed member.\n> \n> > (3) Without limiting the discretion of the Minister under subsection (1), the Council may suggest to the Minister persons who the Council considers would be appropriate for appointment by the Minister.\n> \n> **ss 8E–8H:** Ins 2012 (463), 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 Council are the following—\n> \n> > (a) the Chancellor,\n> \n> > (b) the Vice-Chancellor,\n> \n> > (c) the person for the time being holding the office of presiding member of the Academic Board (if the person is not the Vice-Chancellor) or of deputy presiding member of the Academic Board (if the presiding member is the Vice-Chancellor).\n> \n> **ss 8E–8H:** Ins 2012 (463), 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 Council holds office as follows—\n> > \n> > > (a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,\n> > \n> > > (b) in the case of a Ministerially appointed member or Council appointed member, for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment,\n> > \n> > > (c) in the case of an elected member other than an elected (graduate) member, for such term (not exceeding 2 years) as may be prescribed by the by-laws,\n> > \n> > > (d) in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.\n> \n> > (2) The need to maintain an appropriate balance of experienced and new members on the Council must be taken into account—\n> > \n> > > (a) by the Council, when making the by-laws required under this section, and\n> > \n> > > (b) by the Minister and the Council, when appointing members to the Council.\n> \n> > (3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Council otherwise resolves in relation to the person).\n> \n> **s 9:** Am 1989 No 130, Sch 2; 1994 No 95, Sch 1; 1995 No 16, Sch 2. Subst 2004 No 115, Sch 8 \\[2\\]. Am 2005 No 98, Sch 2.70. Subst 2012 (463), 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 2012 (463), Sch 1 \\[1\\].","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Chancellor","content":"#### 10 Chancellor\n\n10 Chancellor\n\n> > (1) The Council shall—\n> > \n> > > (a) at its first meeting or as soon as practicable thereafter, and\n> > \n> > > (b) whenever a vacancy in the office of Chancellor occurs,\n> > \n> > elect a person (whether or not a member of the Council) 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 member of the Council, 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 3.10 \\[1\\].","sortOrder":22},{"sectionNumber":"11","sectionType":"section","heading":"Deputy Chancellor","content":"#### 11 Deputy Chancellor\n\n11 Deputy Chancellor\n\n> > (1) The Council shall—\n> > \n> > > (a) at its first meeting or as soon as practicable thereafter, and\n> > \n> > > (b) whenever a vacancy in the office of Deputy Chancellor occurs,\n> > \n> > elect one of its members 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 member of the Council, holds office for 2 years from the date of his or her election and on such conditions as may be prescribed by the by-laws.\n> \n> > (3) In the absence of the Chancellor, or during a vacancy in the office of Chancellor or during the inability of the Chancellor to act, the Deputy Chancellor has all the functions of the Chancellor.\n> \n> **s 11:** Am 2011 No 51, Sch 3.10 \\[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 Council may remove the Chancellor or Deputy Chancellor from office by a no confidence motion passed in accordance with this section if it considers it in the best interests of the University to do so.\n> \n> > (2) The removal from office may be effected only if the no confidence motion is supported by at least a two-thirds majority of the total number of members for the time being of the Council at two consecutive ordinary meetings of the Council.\n> \n> > (3) The Chancellor or Deputy Chancellor may be removed from office under this section despite section 21G (6) and without the need to establish any breach of duty.\n> \n> > (4) This section applies to the Chancellor and Deputy Chancellor holding office on the commencement of this section and all subsequent holders of those offices.\n> \n> **s 11A:** Ins 2011 No 51, Sch 3.10 \\[3\\].","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Vice-Chancellor","content":"#### 12 Vice-Chancellor\n\n12 Vice-Chancellor\n\n> > (1) The Council shall, whenever a vacancy in the office of Vice-Chancellor occurs, appoint a person, whether a member of the Council or not, to be Vice-Chancellor of the University.\n> \n> > (2) The Vice-Chancellor holds office for such period, and on such conditions, as the Council determines.\n> \n> > (3) The Vice-Chancellor is the chief executive officer of the University and has such functions as are conferred or imposed on the Vice-Chancellor by or under this or any other Act.","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 shall consist of—\n> > \n> > > (a) the members and past members of the Council,\n> > \n> > > (b) the graduates of the University,\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) such graduates of other universities, or other persons, as are, in accordance with the by-laws, admitted as members of Convocation.\n> \n> > (2) The first meeting of Convocation shall be convened by the Vice-Chancellor.\n> \n> > (3) Subject to the by-laws, meetings of Convocation shall be convened and the business at the meetings shall be as determined by Convocation.\n> \n> > (4) A quorum at any meeting of Convocation shall be such number of members as may be prescribed by the by-laws.\n> \n> > (5) Convocation has such functions as may be prescribed by the by-laws.\n> \n> > (6) The Council 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 shall be an Academic Board of the University consisting of—\n> > \n> > > (a) the Vice-Chancellor, and\n> > \n> > > (b) such other persons as the Council may, in accordance with the by-laws, determine.\n> \n> > (2) Subject to subsection (1), the constitution and functions of the Academic Board shall be as prescribed by the by-laws.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Functions of Council","content":"# Part 4 Functions of Council\n\nPart 4 Functions of Council","sortOrder":29},{"sectionNumber":"16","sectionType":"section","heading":"Functions of Council","content":"#### 16 Functions of Council\n\n16 Functions of Council\n\n> > (1A) The Council—\n> > \n> > > (a) acts for and on behalf of the University in the exercise of the University’s functions, and\n> > \n> > > (b) has the control and management of the affairs and concerns of the University, and\n> > \n> > > (c) may act in all matters concerning the University in such manner as appears to the Council to be best calculated to promote the object and interests of the University.\n> \n> > (1B) Without limiting the functions of the Council under subsection (1A), the Council is, in controlling and managing the affairs and concerns of the University—\n> > \n> > > (a) to monitor the performance of the Vice-Chancellor, and\n> > \n> > > (b) to oversee the University’s performance, and\n> > \n> > > (c) to oversee the academic activities of the University, and\n> > \n> > > (d) to approve the University’s mission, strategic direction, annual budget and business plan, and\n> > \n> > > (e) to oversee risk management and risk assessment across the University (including, if necessary, taking reasonable steps to obtain independent audit reports of entities in which the University has an interest but which it does not control or with which it has entered into a joint venture), and\n> > \n> > > (e1) without limiting paragraph (e), to enter into or participate in arrangements or transactions, or combinations of arrangements or transactions, to effect financial adjustments for the management of financial risks, and\n> > \n> > > (f) to approve and monitor systems of control and accountability for the University (including in relation to controlled entities within the meaning of section 16A), and\n> > \n> > > (g) to approve significant University commercial activities (within the meaning of section 21A), and\n> > \n> > > (h) to establish policies and procedural principles for the University consistent with legal requirements and community expectations, and\n> > \n> > > (i) to ensure that the University’s grievance procedures, and information concerning any rights of appeal or review conferred by or under any Act, are published in a form that is readily accessible to the public, and\n> > \n> > > (j) to regularly review its own performance (in light of its functions and obligations imposed by or under this or any other Act), and\n> > \n> > > (k) to adopt a statement of its primary responsibilities, and\n> > \n> > > (l) to make available for members of the Council a program of induction and of development relevant to their role as such a member.\n> \n> > (1) Without limiting the functions of the Council under subsection (1A), the Council may, for and on behalf of the University in the exercise of the University’s functions—\n> > \n> > > (a) provide such courses, and confer such degrees and award such diplomas and other certificates, 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) establish and maintain branches and colleges of the University, within the University and elsewhere,\n> > \n> > > (i) make loans and grants to students, and\n> > \n> > > (j) impose fees, charges and fines.\n> \n> > (2) The functions of the Council under this section shall be exercised subject to the by-laws.\n> \n> > (3) Schedule 2 has effect in relation to the investment of funds by the Council.\n> \n> Note—\n> \n> Division 7.3 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) regulates the provision of annual reporting information to Parliament by the Council and requires the Council to report on the University’s operations.\n> \n> **s 16:** Am 1996 No 24, Sch 1; 2001 No 101, Sch 8 \\[4\\]–\\[11\\]; 2004 No 115, Sch 8 \\[3\\]; 2014 No 43, Sch 1.8 \\[2\\]; 2017 No 22, Sch 1.29 \\[1\\] \\[2\\].\n> \n> **s 16, note:** Ins 2004 No 115, Sch 8 \\[4\\]. Subst 2018 No 70, Sch 4.111\\[1\\].","sortOrder":31},{"sectionNumber":"16A","sectionType":"section","heading":"Controlled entities","content":"#### 16A Controlled entities\n\n16A Controlled entities\n\n> > (1) The Council must ensure that a controlled entity does not exercise any function or engage in any activity that the University is not authorised by or under this Act to exercise or engage in, except to the extent that the Council is permitted to do so by the Minister under this section.\n> \n> > (2) The Minister may, by order in writing, permit the Council to authorise a controlled entity to exercise a function or engage in an activity of the kind referred to in subsection (1). Permission may be given in respect of a specified function or activity or functions or activities of a specified class.\n> \n> > (3) The Governor may make regulations providing that subsection (1) does not apply to functions or activities of a specified class.\n> \n> > (4) Nothing in the preceding subsections confers power on a controlled entity to engage in any activity.\n> \n> > (5) Nothing in the preceding subsections affects any obligations imposed on a controlled entity by or under any Act or law, other than an obligation imposed on the controlled entity by the Council at its discretion.\n> \n> > (5A) The Council is, as far as is reasonably practicable, to ensure—\n> > \n> > > (a) that the governing bodies of controlled entities—\n> > > \n> > > > (i) possess the expertise and experience necessary to provide proper stewardship and control, and\n> > > \n> > > > (ii) comprise, where possible, at least some members who are not members of the Council or members of staff, or students, of the University, and\n> > > \n> > > > (iii) adopt and evaluate their own governance principles, and\n> > > \n> > > > (iv) document, and keep updated, a corporate or business strategy containing achievable and measurable performance targets, and\n> > \n> > > (b) that a protocol is established regarding reporting by governing bodies of controlled entities to the Council.\n> \n> > (6) In this section—\n> > \n> > controlled entity means a controlled entity (within the meaning of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)) of the University or Council.\n> \n> **s 16A:** Ins 2001 No 101, Sch 8 \\[12\\]. Am 2004 No 115, Sch 8 \\[5\\]–\\[7\\]; 2018 No 70, Sch 4.111\\[2\\].","sortOrder":32},{"sectionNumber":"17","sectionType":"section","heading":"Delegation","content":"#### 17 Delegation\n\n17 Delegation\n\n> > (1) The Council may, in relation to any matter or class of matters, or in relation to any activity or function of the University, by resolution, delegate all or any of its functions (except this power of delegation) to any member or committee of the Council or to any authority or officer of the University or to any other person or body prescribed by the by-laws.\n> \n> > (2) If a function of the Council is delegated to the Vice-Chancellor in accordance with subsection (1) and the instrument of delegation authorises the sub-delegation of the function, the Vice-Chancellor may (subject to any condition to which the delegation is subject) sub-delegate the function to any person or body referred to in subsection (1).\n> \n> **s 17:** Am 1989 No 130, Sch 2; 2017 No 63, Sch 1.20.","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 Council.\n> \n> **s 17A:** Ins 2001 No 101, Sch 8 \\[13\\]. Am 2018 No 70, Sch 4.111\\[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 Council must include in each annual report of the Council as part of the report of its operations a report as to any action taken by the Council during the period to which the report relates to implement any recommendation made in a report of the Ombudsman or the Auditor-General concerning the Council or the University—\n> \n> > (a) whether or not the recommendation relates to a referral by the Minister under section 21E, and\n> \n> > (b) whether or not the recommendation relates to a University commercial activity (as defined in section 21A).\n> \n> **s 17B:** Ins 2001 No 101, Sch 8 \\[13\\].","sortOrder":35},{"sectionNumber":"18","sectionType":"section","heading":"Powers of Council relating to University property","content":"#### 18 Powers of Council relating to University property\n\n18 Powers of Council relating to University property\n\n> > (1) The Council has the control and management of land and other property vested in the University.\n> \n> > (2) The Council may, for the purposes of this Act—\n> > \n> > > (a) acquire land and other property, and\n> > \n> > > (b) agree to carry out conditions of the acquisition of the land or other property, and\n> > \n> > > (c) grant easements and covenants over land vested in the University, and\n> > \n> > > (d) subject to subsections (3) and (4), dispose of or otherwise deal with the following—\n> > > \n> > > > (i) land vested in the University,\n> > > \n> > > > (ii) other property of the University.\n> \n> > (3) The Council must not sell, mortgage, charge or lease relevant land without the Minister’s approval.\n> \n> > (4) Despite subsection (3), the Council does not require the Minister’s approval to—\n> > \n> > > (a) lease relevant land if—\n> > > \n> > > > (i) the term of the lease is no more than 21 years, and\n> > > \n> > > > (ii) the Council is satisfied the leasing of the land is consistent with the object and functions of the University under section 6, or\n> > \n> > > (b) lease relevant land if—\n> > > \n> > > > (i) the term of the lease is no more than 99 years, and\n> > > \n> > > > (ii) the leasing of the land is for the purposes of utilities infrastructure or utilities services, or\n> > \n> > > (c) enter into a planning agreement under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 7.4 if the agreement does not require the University to dedicate relevant land free of cost.\n> \n> > (5) The rule of law against remoteness of vesting does not apply to a condition of the acquisition of property to which the University has agreed.\n> \n> > (6) In this section—\n> > \n> > acquire includes acquire by purchase, gift, grant, bequest or devise.\n> > \n> > other property means property other than land.\n> > \n> > relevant land means land acquired by the University from the State at nominal or less than market value.\n> \n> **s 18:** Am 1994 No 16, Sch 1; 2014 No 43, Sch 1.8 \\[3\\]–\\[5\\]; 2017 No 22, Sch 1.29 \\[3\\]; 2017 No 23, Sch 1.8. Subst 2024 No 66, Sch 8.","sortOrder":37},{"sectionNumber":"19","sectionType":"section","heading":"Powers of Council over certain property vested in Crown","content":"#### 19 Powers of Council over certain property vested in Crown\n\n19 Powers of Council over certain property vested in Crown\n\n> > (1) Where any property used for the conduct of the University is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the Council has the control and management of that property and is responsible for its maintenance.\n> \n> > (2) Nothing in subsection (1) enables the Council to alienate, mortgage, charge or demise any land vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise).\n> \n> > (3) Notwithstanding subsection (2), the Council may (on behalf of the Crown or a Minister of the Crown) lease land of which it has, pursuant to this section, the control and management.\n> \n> > (4) Such a lease—\n> > \n> > > (a) must not be granted for a term (including any option for the grant of a further term) exceeding 21 years except with the approval of the Minister, and\n> > \n> > > (b) must contain a condition that the lease must not be assigned and such other conditions as the Council thinks fit.\n> \n> > (5) The Council is, in the exercise of its functions under this section, subject to the control and direction of the Minister.\n> \n> **s 19:** Am 2014 No 43, Sch 1.8 \\[6\\] \\[7\\].","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":"Commercial activities","content":"## Division 3 Commercial activities\n\nDivision 3 Commercial activities\n\n**pt 4, div 3:** Ins 2001 No 101, Sch 8 \\[14\\].","sortOrder":41},{"sectionNumber":"21A","sectionType":"section","heading":"Definitions","content":"#### 21A Definitions\n\n21A Definitions\n\n> In this Division—\n> \n> the Guidelines means the guidelines determined for the time being under section 21B.\n> \n> University commercial activity means—\n> \n> > (a) any activity engaged in by or on behalf of the University in the exercise of commercial functions of the University, and\n> \n> > (b) any other activity comprising the promotion of, establishment of or participation in any partnership, trust, company or other incorporated body, or joint venture, by or on behalf of the University, that is for the time being declared by the Guidelines to be a University commercial activity.\n> \n> **s 21A:** Ins 2001 No 101, Sch 8 \\[14\\]. Am 2014 No 43, Sch 1.8 \\[8\\].","sortOrder":42},{"sectionNumber":"21B","sectionType":"section","heading":"Guidelines for commercial activities","content":"#### 21B Guidelines for commercial activities\n\n21B Guidelines for commercial activities\n\n> > (1) The Council must by resolution determine, and must maintain, Guidelines requiring specified processes and procedures to be followed in connection with University commercial activities.\n> \n> > (2) The Council may by resolution amend or replace the Guidelines from time to time.\n> \n> > (3) Without limitation, the Guidelines may contain provision for or with respect to the following in connection with University commercial activities—\n> > \n> > > (a) requiring feasibility and due diligence assessment,\n> > \n> > > (b) requiring the identification of appropriate governance and administrative arrangements (including as to legal structures and audit requirements),\n> > \n> > > (c) requiring the undertaking of risk assessment and risk management measures,\n> > \n> > > (d) regulating and imposing requirements concerning the delegation by the Council of any of its functions under this Act in connection with University commercial activities,\n> > \n> > > (e) declaring a specified activity to be a University commercial activity for the purposes of paragraph (b) of the definition of that expression in section 21A,\n> > \n> > > (f) establishing a protocol regarding the rights and responsibilities of members of the Council in relation to commercialisation, with a view to avoiding real or apparent conflicts of interest.\n> \n> > (4) The Council must ensure that the Guidelines are complied with.\n> \n> > (5), (6) (Repealed)\n> \n> **s 21B:** Ins 2001 No 101, Sch 8 \\[14\\]. Am 2014 No 43, Sch 1.8 \\[9\\] \\[10\\].","sortOrder":43},{"sectionNumber":"21C","sectionType":"section","heading":"Register of commercial activities","content":"#### 21C Register of commercial activities\n\n21C Register of commercial activities\n\n> > (1) The Council is to maintain a Register of University commercial activities and is to enter and keep in the Register the following details of each of those activities—\n> > \n> > > (a) a description of the activity,\n> > \n> > > (b) details of all parties who participate in the activity,\n> > \n> > > (c) details of any appointment by or on behalf of the University to relevant boards or other governing bodies,\n> > \n> > > (d) details of any meetings at which relevant matters were considered and approved for the purposes of compliance with the Guidelines,\n> > \n> > > (e) such other details as the Guidelines may require.\n> \n> > (2) The Guidelines may make provision for the following—\n> > \n> > > (a) exempting specified activities or activities of a specified class from all or specified requirements of this section,\n> > \n> > > (b) altering the details to be included in the Register in respect of specified activities or activities of a specified class,\n> > \n> > > (c) enabling related activities to be treated as a single activity for the purposes of the Register.\n> \n> > (3) The Council must comply with any request by the Minister to provide the Minister with a copy of the Register or any extract from the Register.\n> \n> **ss 21C–21E:** Ins 2001 No 101, Sch 8 \\[14\\].","sortOrder":44},{"sectionNumber":"21D","sectionType":"section","heading":"Reports to Minister on commercial activities","content":"#### 21D Reports to Minister on commercial activities\n\n21D Reports to Minister on commercial activities\n\n> > (1) The Minister may request a report from the Council as to University commercial activities or as to any particular University commercial activity or aspect of a University commercial activity.\n> \n> > (2) The Council must provide a report to the Minister in accordance with the Minister’s request.\n> \n> **ss 21C–21E:** Ins 2001 No 101, Sch 8 \\[14\\].","sortOrder":45},{"sectionNumber":"21E","sectionType":"section","heading":"Referral of matters to Ombudsman or Auditor-General","content":"#### 21E Referral of matters to Ombudsman or Auditor-General\n\n21E Referral of matters to Ombudsman or Auditor-General\n\n> The Minister may refer a University commercial activity or any aspect of a University commercial activity (whether or not the subject of a report by the Council to the Minister)—\n> \n> > (a) to the Auditor-General for investigation and report to the Minister, or\n> \n> > (b) as a complaint to the Ombudsman that may be investigated by the Ombudsman as a complaint under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068).\n> \n> **ss 21C–21E:** Ins 2001 No 101, Sch 8 \\[14\\].","sortOrder":46},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Duties of Council members","content":"# Part 4A Duties of Council members\n\nPart 4A Duties of Council members\n\n**pt 4A (ss 21F, 21G):** Ins 2004 No 115, Sch 8 \\[8\\].","sortOrder":47},{"sectionNumber":"21F","sectionType":"section","heading":"Duties of Council members","content":"#### 21F Duties of Council members\n\n21F Duties of Council members\n\n> The members of the Council have the duties set out in Schedule 2A.\n> \n> **pt 4A (ss 21F, 21G):** Ins 2004 No 115, Sch 8 \\[8\\].","sortOrder":48},{"sectionNumber":"21G","sectionType":"section","heading":"Removal from office for breach of duty","content":"#### 21G Removal from office for breach of duty\n\n21G Removal from office for breach of duty\n\n> > (1) The Council may remove a member of the Council from office for breach of a duty set out in Schedule 2A.\n> \n> > (2) The removal from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed from office for breach of duty) was duly given.\n> \n> > (3) The removal from office may be effected only if the motion for removal is supported by at least a two-thirds majority of the total number of members for the time being of the Council.\n> \n> > (4) The motion for removal must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.\n> \n> > (5) If the member to whom the motion for removal refers does not attend the meeting, a reasonable opportunity to reply to the motion is taken to have been given if notice of the meeting has been duly given.\n> \n> > (6) A member of the Council may not be removed from office by the Council for breach of duty except pursuant to this section.\n> \n> **pt 4A (ss 21F, 21G):** Ins 2004 No 115, Sch 8 \\[8\\].","sortOrder":49},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"# Part 5 General\n\nPart 5 General","sortOrder":50},{"sectionNumber":"22","sectionType":"section","heading":"Advance by Treasurer","content":"#### 22 Advance by Treasurer\n\n22 Advance by Treasurer\n\n> The Treasurer may, with the approval of the Governor, advance to the Council money for the temporary accommodation of the University on such terms and conditions in relation to repayment and interest as may be agreed upon.","sortOrder":51},{"sectionNumber":"22A","sectionType":"section","heading":"Stamp duty exemption","content":"#### 22A Stamp duty exemption\n\n22A Stamp duty exemption\n\n> > (1) Unless the Treasurer otherwise directs in a particular case, neither the University nor the Council is liable to duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123), in respect of anything done by the University or Council for the purposes of the borrowing of money or the investment of funds of the University under this Act.\n> \n> > (2) The Treasurer may direct in writing that any other specified person is not liable to duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) in respect of anything done for the purposes of the borrowing of money or the investment of funds of the University under this Act, and the direction has effect accordingly.\n> \n> **s 22A:** Ins 2001 No 101, Sch 8 \\[15\\].","sortOrder":52},{"sectionNumber":"23","sectionType":"section","heading":"Financial year","content":"#### 23 Financial year\n\n23 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":53},{"sectionNumber":"24","sectionType":"section","heading":"No religious test or political discrimination","content":"#### 24 No religious test or political discrimination\n\n24 No religious test or political discrimination\n\n> A person shall not, because of his or her religious or political affiliations, views or beliefs, be denied admission as a student of the University or be ineligible to hold office in, to graduate from or to enjoy any benefit, advantage or privilege of the University.","sortOrder":54},{"sectionNumber":"25","sectionType":"section","heading":"Exemption from membership of body corporate or Convocation","content":"#### 25 Exemption from membership of body corporate or Convocation\n\n25 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 Council, on grounds of conscience, from membership of the body corporate of the University or of Convocation, or both.","sortOrder":55},{"sectionNumber":"26","sectionType":"section","heading":"Re-appointment or re-election","content":"#### 26 Re-appointment or re-election\n\n26 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":56},{"sectionNumber":"27","sectionType":"section","heading":"Seal of University","content":"#### 27 Seal of University\n\n27 Seal of University\n\n> The seal of the University shall be kept in such custody as the Council may direct and shall only be affixed to a document pursuant to a resolution of the Council.\n> \n> Note—\n> \n> Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> **s 27:** Am 2013 No 47, Sch 1.39 \\[1\\].","sortOrder":57},{"sectionNumber":"28","sectionType":"section","heading":"By-laws","content":"#### 28 By-laws\n\n28 By-laws\n\n> > (1) The Council may make by-laws, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n> > \n> > > (a) the management, good government and discipline of the University,\n> > \n> > > (b) the method of election of members of the Council who are to be elected,\n> > \n> > > (c) the manner and time of convening, holding and adjourning the meetings of the Council or Academic Board,\n> > \n> > > (d) the manner of voting (including postal voting or voting by proxy) at meetings of the Council or Academic Board,\n> > \n> > > (e) the functions of the presiding member of the Council or Academic Board,\n> > \n> > > (f) the conduct and record of business of the Council or Academic Board,\n> > \n> > > (g) the appointment of committees of the Council or Academic Board,\n> > \n> > > (h) the quorum and functions of committees of the Council or Academic Board,\n> > \n> > > (i) the resignation of members of the Council, the Chancellor, the Deputy Chancellor or the Vice-Chancellor,\n> > \n> > > (j) the tenure of office, stipend and functions of the Vice-Chancellor,\n> > \n> > > (k) the designation of members of staff of the University as academic staff, professional staff, full-time staff, part-time staff or otherwise,\n> > \n> > > (l) the number, stipend, manner of appointment and dismissal of officers and employees of the University,\n> > \n> > > (m) admission to, enrolment in and exclusion from courses of studies,\n> > \n> > > (n) the payment of such fees and charges, including fines, as the Council considers necessary, including fees and charges to be paid in respect of—\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, fellowships, scholarships, exhibitions, bursaries and prizes,\n> > \n> > > (s) the admission of students and former students of other universities and institutions of higher education to any status within the University or the granting to graduates of such universities or institutions, or to other persons, of degrees or diplomas without examination,\n> > \n> > > (t) the establishment and conduct of places of accommodation for students (including residential colleges and halls of residence within the University) and the affiliation of residential colleges,\n> > \n> > > (u) the affiliation with the University of any educational or research establishment,\n> > \n> > > (v) the creation of faculties, schools, departments, centres or other entities within the University,\n> > \n> > > (w) the provision of schemes of superannuation for the officers and employees of the University,\n> > \n> > > (x) the form and use of academic costume,\n> > \n> > > (y) the form and use of an emblem of the University or of any body within or associated with the University,\n> > \n> > > (z) the use of the seal of the University, and\n> > \n> > > (aa) the making, publication and inspection of rules.\n> \n> > (2) A by-law has no effect unless it has been approved by the Governor.\n> \n> **s 28:** Am 1994 No 16, Sch 1; 2004 No 115, Sch 8 \\[9\\]; 2016 No 27, Sch 1.30 \\[2\\].","sortOrder":58},{"sectionNumber":"29","sectionType":"section","heading":"Rules","content":"#### 29 Rules\n\n29 Rules\n\n> > (1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 8B, 8D (2) (c) (i) and (3) (a), 8E (4) and 8F, 10 (2), 14 (1), 16 (1) (d) and (e), 23 and 28 (1) (k) and clause 3 of Schedule 1 (to the extent it relates to appointments).\n> \n> > (1A) Despite subsection (1), only the Council may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 8D (3) (b), 8E (2) (a) and 28 (1) (b) and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules).\n> \n> > (1B) Election rules must be consistent with sound and democratic electoral practices, procedures and methods of voting.\n> \n> > (1C) The Council must ensure that any election rule it makes is made readily available to the public by whatever means the Council considers appropriate as soon as practicable after it is made.\n> \n> > (2) A rule—\n> > \n> > > (a) has the same force and effect as a by-law, and\n> > \n> > > (b) may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and\n> > \n> > > (c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and\n> > \n> > > (d) must indicate the authority or officer who made the rule and that it is made under this section.\n> \n> > (3) In the event of an inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.\n> \n> > (4) The fact that a provision of this Act specifically provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.\n> \n> **s 29:** Subst 1994 No 16, Sch 1. Am 2004 No 115, Sch 8 \\[10\\]; 2012 (463), Sch 1 \\[2\\]; 2014 No 43, Sch 1.8 \\[11\\]–\\[14\\].","sortOrder":59},{"sectionNumber":"30","sectionType":"section","heading":"Recovery of charges, fees and other money","content":"#### 30 Recovery of charges, fees and other money\n\n30 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":60},{"sectionNumber":"31","sectionType":"section","heading":"Repeal etc","content":"#### 31 Repeal etc\n\n31 Repeal etc\n\n> > (1) The [University of Technology, Sydney Act 1987](/view/pdf/asmade/act-1987-283) and the [University of Technology, Sydney (Miscellaneous Provisions) Act 1987](/view/pdf/asmade/act-1987-284) are repealed.\n> \n> > (2) The Council of the University of Technology, Sydney, as constituted immediately before the repeal of the [University of Technology, Sydney Act 1987](/view/pdf/asmade/act-1987-283), is dissolved.\n> \n> > (3) The persons holding office as members of the Council, Chancellor and Deputy Chancellor immediately before the repeal of the [University of Technology, Sydney Act 1987](/view/pdf/asmade/act-1987-283) cease to hold office as such on that repeal.","sortOrder":61},{"sectionNumber":"32","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 32 Savings and transitional provisions\n\n32 Savings and transitional provisions\n\n> Schedule 3 has effect.","sortOrder":62},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of the Council","content":"# Schedule 1 Provisions relating to members and procedure of the Council\n\nSchedule 1 Provisions relating to members and procedure of the Council\n\n(Section 8A (3))\n\n**sch 1:** Am 1995 No 16, Sch 2; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2001 No 101, Sch 8 \\[16\\]; 2004 No 115, Sch 8 \\[11\\]; 2011 No 51, Sch 3.10 \\[4\\] \\[5\\]; 2012 (463), Sch 1 \\[3\\]–\\[5\\].","sortOrder":63},{"sectionNumber":"6A","sectionType":"section","heading":"Use of technology","content":"#### 6A Use of technology\n\n6A Use of technology\n\n> > (1) Without limiting clause 6, a meeting of the Council may be called or held using any technology consented to by all the members of the Council.\n> \n> > (2) The consent may be a standing one.\n> \n> > (3) A member may only withdraw his or her consent a reasonable period before the meeting.\n> \n> > (4) If the members are not all in attendance at one place and are holding a meeting using technology that permits each member to communicate with other members—\n> > \n> > > (a) the members are, for the purpose of every provision of this Act and by-laws concerning meetings of the Council, taken to be assembled together at a meeting and to be present at that meeting, and\n> > \n> > > (b) all proceedings of those members conducted in that manner are as valid and effective as if conducted at a meeting at which all of them were present.","sortOrder":70},{"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 8 \\[17\\]; 2014 No 43, Sch 1.8 \\[15\\] \\[16\\].","sortOrder":75},{"sectionNumber":"2A","sectionType":"section","heading":"Funds managers","content":"#### 2A Funds managers\n\n2A Funds managers\n\n> > (1) The Council may engage a funds manager to act in relation to the management of the funds belonging to or vested in the University.\n> \n> > (2) Such a funds manager may on behalf of the Council invest funds of the University in any investment in which the funds manager is authorised to invest its own funds or other funds.","sortOrder":78},{"sectionNumber":"Schedule 2A","sectionType":"schedule","heading":"Duties of Council members","content":"# Schedule 2A Duties of Council members\n\nSchedule 2A Duties of Council members\n\n(Section 21F)\n\n**sch 2A:** Ins 2004 No 115, Sch 8 \\[12\\]. Am 2008 No 23, Sch 3.52; 2010 No 19, Sch 3.121 \\[1\\] \\[2\\]; 2013 No 47, Sch 1.39 \\[2\\].","sortOrder":81},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 3 Savings and transitional provisions\n\nSchedule 3 Savings and transitional provisions\n\n(Section 32)\n\n**sch 3:** Am 1989 No 130, Sch 2; 1989 No 226, Sch 2; 1990 No 108, Sch 1; 1994 No 16, Sch 1; 2001 No 101, Sch 8 \\[18\\]; 2004 No 115, Sch 8 \\[13\\] \\[14\\]; 2012 (463), Sch 1 \\[6\\]; 2014 No 43, Sch 1.8 \\[17\\] \\[18\\]; 2017 No 22, Sch 1.29 \\[4\\].","sortOrder":87},{"sectionNumber":"Part 1A","sectionType":"part","heading":"General","content":"# Part 1A General\n\nPart 1A General","sortOrder":88},{"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":89},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014","content":"# Part 6 Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014\n\nPart 6 Provisions consequent on enactment of [Universities Legislation Amendment (Regulatory Reforms) Act 2014](/view/html/inforce/current/act-2014-043)","sortOrder":118},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017","content":"# Part 7 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017\n\nPart 7 Provision consequent on enactment of [Statute Law (Miscellaneous Provisions) Act 2017](/view/html/repealed/current/act-2017-022)","sortOrder":123}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act began as a vehicle to establish UTS by amalgamating predecessor institutions under the Higher Education (Amalgamation) Act 1989, with a focus on basic constitution and academic functions. Over time its scope has broadened substantially to incorporate modern corporate governance (Part 4A duties, s 16(1B) risk and performance oversight), expansive commercial powers (s 6(3) and Division 3 of Part 4), controlled-entity rules (s 16A), and alignment with contemporary public finance and audit legislation. This reflects a shift from pure establishment legislation to a comprehensive regulatory framework for university autonomy balanced against accountability."},"complexity_factors":["Multi-part structure with detailed divisions on constitution, Council composition, functions, commercial activities, and member duties","Frequent cross-references to other legislation including the Interpretation Act 1987, Government Sector Finance Act 2018, and Environmental Planning and Assessment Act 1979","Extensive use of defined terms (e.g. commercial functions, external person, controlled entity) and nested categories of Council membership","Multiple schedules covering procedures, investment rules, fiduciary duties, and lengthy savings/transitional provisions reflecting decades of amendments","Conditional rules and exceptions, such as Minister approval thresholds for land dealings in s 18(3)–(4) and two-thirds majority requirements for Council resolutions"],"plain_english_summary":"**The University of Technology Sydney Act 1989 creates and governs the University of Technology Sydney (UTS).** It turns UTS into a legal organisation (a body corporate) with its own council to run it. The university's main job is to provide high-quality teaching, research, and community engagement while promoting scholarship and free inquiry. It can also run business-like activities to earn money that supports education and research. The Act sets out who sits on the governing Council (including staff, students, graduates, and independent experts), how long they serve, and the rules they must follow to avoid conflicts of interest. It explains how the university can buy, sell, or manage property and money, run commercial projects, and handle student and staff matters. It protects academic freedom by banning religious or political tests for admission or jobs. Overall, the law gives UTS the structure and powers it needs to operate as a modern university while requiring strong oversight, financial care, and accountability to the public."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Originally enacted in 1989 to establish UTS and set its foundational governance structure, the Act has been amended approximately 18 times over 35 years. This suggests meaningful evolution in scope — likely reflecting broader reforms to university governance in NSW, changes to the composition and powers of governing councils, and alignment with national higher education policy shifts. The ministerial responsibility has also shifted (now sitting with the Minister for Skills, TAFE and Tertiary Education rather than a pure education portfolio), suggesting the university's role has been repositioned within the government's policy framework over time."},"complexity_factors":["The actual substantive content of the Act is not included in the provided text — only metadata, navigation, and version history are visible, limiting full analysis","The Act has been amended approximately 18 times since 1989, creating a layered legislative history that requires tracking across versions","Interaction with other NSW legislation (e.g., the Interpretation Act 1987 and Administrative Arrangements Orders) adds minor cross-referencing complexity","University governance legislation typically involves interplay between academic autonomy, government oversight, and corporate-style board structures","Despite multiple amendments, university establishment Acts are generally straightforward in purpose and structure compared to regulatory or tax legislation"],"plain_english_summary":"## University of Technology Sydney Act 1989\n\n**What is this law?**\nThis is the founding legislation (the legal document that created and governs) the **University of Technology Sydney (UTS)**. Passed by the NSW Parliament in 1989, it is the legal backbone that establishes UTS as an official institution, gives it its powers, and sets out how it must be run.\n\n**Who does it affect?**\n- **Students** at UTS — your enrolment, rights, and the degrees you receive are all legally underpinned by this Act\n- **Staff** at UTS — their employment exists within a framework this Act creates\n- **The University's governing body (the Council)** — this Act defines how UTS is governed and who is responsible for decisions\n- **The NSW Government** — it maintains oversight of UTS through the Minister for Skills, TAFE and Tertiary Education\n- **The general public** — as a publicly established university, UTS has obligations to the community\n\n**Why does it matter?**\nWithout this Act, UTS would have no legal authority to grant degrees, own property, enter contracts, or operate as a university. It also ensures government accountability over how the university is run.\n\n**Has it changed over time?**\nYes — this Act has been amended (updated) many times since 1989, with significant changes in 2002, 2004, 2008, 2010, 2012, 2017, 2021, 2023, and most recently in **September 2024**. This reflects ongoing adjustments to how universities are governed in NSW.\n\n**Bottom line:** This Act is the legal foundation that makes UTS exist as a university. It probably doesn't directly affect most people's day-to-day lives unless you study, work at, or deal with UTS."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as framed includes provisions that expand the University’s commercial, governance and accountability framework beyond a narrow founding charter. Key additions and changes evident in the text: explicit commercial functions and revenue generation powers (s 6(3)(a)–(a1)); a Guidelines/Register/reporting regime for University commercial activities (ss 21A–21D, s 21C); detailed duties and removal mechanisms for Council members (Schedule 2A; s 21G); new composition and appointment rules for the Council, including Ministerially appointed members and minimum expertise requirements (ss 8A–8C, s 8G); and controlled‑entity governance and oversight obligations (s 16A). Other amendments alter investment, property and financial arrangements (Schedule 2; ss 18, 22, 22A). Those inserted or amended provisions broaden the University’s authorised commercial and financial activities and layer in reporting, disclosure and oversight mechanisms that change the balance between autonomous University governance and external oversight (Minister/Governor/Treasurer/Auditor/Ombudsman) (ss 21B; s 28(2); ss 21D–21E; ss 22–22A)."},"complexity_factors":["Multiple categories of Council membership with separate appointment and term rules (ss 8B–9).","Interlocking governance instruments: Act, by‑laws (Governor approval), Council rules and election rules with public‑availability requirements (ss 28–29).","Detailed commercial governance regime requiring Guidelines, a maintained Register, Ministerial reporting and possible Ombudsman/Auditor referrals (ss 21A–21E; s 21C(1)).","Cross‑references to other statutes and oversight bodies (Ombudsman Act 1974, Government Sector Finance Act 2018, Auditor‑General) (s 17A; note to s 16).","Controlled‑entity regime with limits, Ministerial permissions and non‑mandatory probity language (‘as far as is reasonably practicable’) creating discretionary compliance expectations (s 16A(1)–(5A)).","Duties, disclosure and removal processes for Council members with prescribed procedures and voting thresholds (Schedule 2A; s 21G).","Property powers with specific exceptions and Ministerial approval triggers for State‑transferred land (s 18), and interaction with land acquisition and public works provisions (s 20).","Investment and funds management options including funds managers and common funds provisions that require operational and accounting systems (Schedule 2)."],"plain_english_summary":"# What this law does (mechanics first)\n\n- Establishes the University of Technology Sydney as a corporate body and sets out its objects, powers and structure (the University, Council, Convocation, Academic Board, staff, students and graduates) (ss 4–5; s 6).\n- Gives the Council principal control of the University’s affairs, including approving mission and budgets, appointing staff, investing funds, entering commercial arrangements and overseeing risk and governance (s 16(1A)–(1B), s 16(1)(d)–(j)).\n- Sets out who sits on the Council, how many members it may have, categories of membership (official, elected, Council‑appointed and Ministerially appointed), minimum expertise requirements and terms of office (ss 8A–9, ss 8B–8C, s 9).\n- Enables the Council to make by‑laws and rules for University matters (including elections, fees and academic processes) subject to Governor approval for by‑laws and publication requirements for election rules (ss 28–29).\n- Authorises the University to engage in commercial functions and to generate revenue (for example, exploiting facilities, intellectual property and establishing companies or joint ventures) and requires the Council to adopt Guidelines, keep a Register of University commercial activities and to supply reports when the Minister requests them (s 6(3); ss 21A–21D; s 21C(1)).\n- Requires compliance arrangements around conflicts of interest, disclosure of material interests by Council members, duties of Council members and procedures for removing members for breach of duty (Schedule 2A; s 21G; cl. 5 Schedule 1).\n- Regulates University property: the Council manages land and property vested in the University, but there are limits on selling, mortgaging or leasing certain State‑transferred land without Ministerial approval (s 18); where Crown land is used, the Council manages it but is subject to Ministerial control (s 19).\n- Provides financial and tax‑related assistance mechanisms (Treasurer advances on agreed terms, and stamp duty exemptions for borrowing/investment in most cases) (ss 22, 22A).\n\n# Official purpose statement\n\n- The Act states the University’s object is to promote scholarship, research, free inquiry, interaction of research and teaching and academic excellence within the limits of its resources (s 6(1)).\n\n# What the law does in practical terms and who is affected\n\n- Who decides: the Council is the governing authority and exercises most operational powers (s 8A(2); s 16(1A)–(1B)). The Minister also has specific powers (appointing up to six Ministerially appointed members (s 8G(1)); approving sales/mortgages of certain land (s 18(3)); requesting reports on commercial activities (s 21D); and referring commercial matters to the Auditor‑General or Ombudsman (s 21E)). The Governor must approve by‑laws (s 28(2)). The Treasurer may provide advances and direct stamp duty treatment (ss 22, 22A).\n- Who pays: the University funds its operations through its budget and revenue streams. The Treasurer may temporarily advance funds to the Council (s 22). The University may impose fees, charges and fines (s 16(1)(j); s 28(1)(n)). The stamp duty exemption reduces transaction costs for borrowing or investing under the Act unless the Treasurer directs otherwise (s 22A).\n- Behaviour changes required: the Council must adopt Guidelines for commercial activities and ensure compliance (s 21B(1), (4)); maintain a Register recording details of commercial activities (s 21C(1)); disclose conflicts and record disclosures (Schedule 2A cl. 5); include action taken on Auditor‑General/Ombudsman recommendations in its annual report (s 17B).\n- Effects on University activity: the University is explicitly empowered to commercialise University assets and to form or participate in business structures, and to invest and borrow (s 6(3)(a)–(a1); s 16(1)(d)–(f); Schedule 2). It can therefore act in markets and fundraise beyond public appropriations.\n\n# Purpose claims and testing them against costs, incentives and trade‑offs\n\n- Claimed purpose: promote scholarship, research, free inquiry and academic excellence (s 6(1)). Mechanically, the Act gives the University broad powers to run academic activities and also to pursue revenue‑generating commercial functions to support that object (s 6(2)–(3)).\n\n- Incentives created: by authorising commercial exploitation and revenue generation (s 6(3)(a1)), the Act incentives the Council and University managers to seek commercial income to fund academic objectives. Council control over significant commercial activities is explicit (s 16(1B)(g)), and the Guidelines regime requires feasibility, governance, due diligence and risk assessment (s 21B(3)(a)–(c)).\n\n- Concentrated benefits and costs: revenue from commercial ventures will primarily benefit the University and specific partners or directors of controlled entities (s 6(3)(a); s 16(1)(f)). The costs of governance, compliance and monitoring (maintaining the Register, due diligence, audits and reporting) fall on University administration (s 21C(1); s 21B(4); s 17B). The Treasurer’s stamp duty direction (s 22A) can reduce transactional costs for the University and its counterparties.\n\n- Trade‑offs and opportunity cost: directing University time, staff and capital into commercial projects diverts resources from core teaching and research activity unless effectively balanced (s 6(1)–(3); s 16(1B)(d)). The Act builds in governance checks (Guidelines, Register, Ministerial reporting and possible Ombudsman/Auditor referrals (ss 21B–21E)) that impose administrative costs.\n\n- Compliance burden and implementation risk: the Council must adopt and enforce Guidelines and maintain a Register (ss 21B(1), 21C(1)–(2)); it must also demonstrate action on Ombudsman/Auditor recommendations in annual reports (s 17B). The Act permits delegation of Council functions (s 17) and authorises engaging funds managers (Schedule 2 cl. 2A), which creates reliance on third‑party competence and supervision. Controlled entities are to be governed and reported to the Council “as far as is reasonably practicable” (s 16A(5A)), leaving room for variable compliance across entities.\n\n- Bureaucratic discretion and oversight: the Minister has appointment powers (s 8G), can require reports (s 21D) and refer matters to oversight bodies (s 21E). The Council also has discretion in setting constitution rules (s 8B(4)–(5)) and in delegating functions (s 17). By‑laws require Governor approval (s 28(2)), and election rules must be publicly available (s 29(1C)). Those design features allocate decision authority across Council, Minister and executive officers.\n\n- Effects on private enterprise and markets: the University may enter partnerships, trusts, companies and joint ventures (s 16(1)(f)) and exploit intellectual property and other assets commercially (s 6(3)(a)). That enables the University to act as an economic actor and compete with private providers in areas it chooses to enter. The Act does not itself restrict commercial counterparties; it requires governance checks and ministerial reporting but permits the University to invest, borrow and run commercial activities (s 16; Schedule 2).\n\n# Concrete risks and safeguards (mechanisms, not judgments)\n\n- Conflict of interest management: Council members must disclose material interests and may be excluded from deliberations; disclosures must be recorded and open for inspection (Schedule 2A cl. 5).\n- Oversight of commercial activities: Guidelines, the Register and ministerial reporting/ referral powers create layers of oversight (ss 21B–21E; s 21C(3)).\n- Limits on alienation of State‑transferred land: sales/mortgages/charges of relevant land need Ministerial approval and leases of certain durations are permitted without approval only under specified conditions (s 18(3)–(4)).\n- Duties and removal: members owe duties in Schedule 2A and can be removed for breaches after specified procedures and voting thresholds (s 21F; s 21G).\n\n# Net effect in plain terms\n\n- The Act sets up UTS’s legal existence and hands primary operational control to a Council with specified member categories and skill requirements (ss 4–9; ss 8B–8C). It authorises both academic functions and commercial activity, requires the Council to govern those commercial activities via Guidelines and a Register, and subjects certain property dealings and governance matters to Ministerial and other oversight (s 6(2)–(3); ss 21A–21E; ss 18–19). The University therefore has statutory powers to act in markets while also being required to observe governance, disclosure and reporting mechanisms intended to monitor and constrain the exercise of those powers (s 16; Schedule 2A; ss 21B–21C)."}},"importantCases":[],"_links":{"self":"/api/acts/university-of-technology-sydney-act-1989","history":"/api/acts/university-of-technology-sydney-act-1989/history","analysis":"/api/acts/university-of-technology-sydney-act-1989/analysis","conflicts":"/api/acts/university-of-technology-sydney-act-1989/conflicts","importantCases":"/api/acts/university-of-technology-sydney-act-1989/important-cases","documents":"/api/acts/university-of-technology-sydney-act-1989/documents"}}