{"id":"nsw:sl-2005-0642","name":"University of Technology Sydney By-law 2005","slug":"university-of-technology-sydney-by-law-2005","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"642 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178643,"registerId":"nsw-nsw:sl-2005-0642-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of By-law","content":"#### 1 Name of By-law\n\n1 Name of By-law\n\n> This By-law is the [University of Technology Sydney By-law 2005](/view/html/inforce/current/sl-2005-0642).\n> \n> **cl 1:** Am 2015 No 15, Sch 4.14 \\[1\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Application","content":"#### 2 Application\n\n2 Application\n\n> This By-law applies to and in respect of the University of Technology Sydney, as established by the [University of Technology Sydney Act 1989](/view/html/inforce/current/act-1989-069).\n> \n> **cl 2:** Am 2015 No 15, Sch 4.14 \\[2\\].","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this By-law and in a rule:\n> > \n> > Academic Board means the Academic Board established under section 15 of the Act.\n> > \n> > Chancellor means the Chancellor of the University.\n> > \n> > close of nominations, in relation to a Council election, means the date and time (as specified in the election rules) by which nominations for the election must be received by the Returning Officer.\n> > \n> > elected (academic staff) member means a member of the Council referred to in section 8D (1) (a) of the Act.\n> > \n> > elected (postgraduate student) member means a member of the Council referred to in section 8D (1) (c) of the Act who is a postgraduate student of the university.\n> > \n> > elected (professional staff) member means a member of the Council referred to in section 8D (1) (b) of the Act.\n> > \n> > elected (undergraduate student) member means a member of the Council referred to in section 8D (1) (c) of the Act who is an undergraduate student of the university.\n> > \n> > election rules means rules made by the Council for or with respect to matters referred to in section 29 (1A) of the Act.\n> > \n> > rule means a rule made under section 29 (1) of the Act.\n> > \n> > student means a person enrolled as a candidate proceeding to a degree, diploma or other award course of the University, and includes both an undergraduate student and a postgraduate student.\n> > \n> > the Act means the [University of Technology Sydney Act 1989](/view/html/inforce/current/act-1989-069).\n> > \n> > University Secretary means the University Secretary of the University.\n> > \n> > University website means the website maintained by the University for the display of official notices.\n> > \n> > Vice-Chancellor means the Vice-Chancellor of the University.\n> \n> > (2) For the purposes of this By-law, a person is a continuing or fixed-term member of staff of the University if, regardless of whether the person is employed on a full-time or part-time basis, the person’s conditions of employment by the University do not attract a casual loading.\n> \n> > (3) (Repealed)\n> \n> > (4) In the absence of a person who has been appointed to an office in the University by virtue of some other office held by him or her, whether in the University or elsewhere, any person acting in that other office holds that appointment ex officio, unless the Council resolves otherwise.\n> \n> > (5) Notes included in this By-law are not part of this By-law.\n> \n> **cl 3:** Am 2012 (463), Sch 2 \\[1\\]; 2013 (532), Sch 1 \\[1\\]–\\[3\\]; 2015 No 15, Sch 4.14 \\[3\\]; 2016 No 27, Sch 1.31 \\[1\\]; 2016 (430), Sch 1 \\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Council","content":"# Part 2 The Council\n\nPart 2 The Council","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Chancellor","content":"## Division 1 The Chancellor\n\nDivision 1 The Chancellor","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Term of office of Chancellor","content":"#### 4 Term of office of Chancellor\n\n4 Term of office of Chancellor\n\n> For the purposes of section 10 (2) of the Act, the term of office of the Chancellor is 4 years from the date of his or her election.","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Elected members of Council","content":"## Division 2 Elected members of Council\n\nDivision 2 Elected members of Council","sortOrder":7},{"sectionNumber":"pt.2-div.2-sdiv.1","sectionType":"division","heading":"Preliminary","content":"### pt.2-div.2-sdiv.1 Preliminary\n\nSubdivision 1 Preliminary\n\n**pt 2, div 2, sdiv 1, hdg:** Ins 2013 (532), Sch 1 \\[4\\]","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Returning Officer","content":"#### 5 Returning Officer\n\n5 Returning Officer\n\n> > (1) An election referred to in this Division is to be conducted by a person appointed by the Council to be the Returning Officer for the election.\n> \n> > (2) The Returning Officer may appoint a Deputy Returning Officer (with such powers as the Returning Officer may determine) and other persons to assist the Returning Officer in the conduct of all or any part of an election referred to in this Division.\n> \n> > (3) The Returning Officer’s decision is, subject to the Act and this By-law, final on all matters affecting the eligibility of candidates, the standards of behaviour expected during elections and election campaigns, the conduct and results of an election and such other matters as may from time to time affect the conduct of elections.\n> \n> **cl 5:** Am 2016 (430), Sch 1 \\[3\\] \\[4\\].","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Rolls","content":"#### 6 Rolls\n\n6 Rolls\n\n> > (1) The Returning Officer is to keep the following:\n> > \n> > > (a) for the purposes of section 8D (1) (a) of the Act—a Roll of Academic Staff containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons who are continuing or fixed-term members of the academic staff of the University,\n> > \n> > > (b) for the purposes of section 8D (1) (b) of the Act—a Roll of Professional Staff containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons who are continuing or fixed-term members of the professional staff of the University,\n> > \n> > > (c) for the purposes of section 8D (1) (c) of the Act—a Roll of Undergraduate Students containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons enrolled in courses that are listed in the register of undergraduate courses of the University with a minimum duration of one year full-time or equivalent,\n> > \n> > > (d) for the purposes of section 8D (1) (c) of the Act—a Roll of Postgraduate Students containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons enrolled in courses that are listed in the register of postgraduate courses of the University with a minimum duration of one year full-time or equivalent.\n> \n> > (2) A person who is both a student and a continuing or fixed-term member of the academic or professional staff of the University is not entitled to have the person’s name entered on either of the Rolls referred to in subclause (1) (c) and (d).\n> \n> **cl 6:** Am 2012 (463), Sch 2 \\[2\\]–\\[5\\]; 2013 (532), Sch 1 \\[5\\]; 2016 No 27, Sch 1.31 \\[2\\]; 2016 (430), Sch 1 \\[5\\] \\[6\\].","sortOrder":10},{"sectionNumber":"pt.2-div.2-sdiv.2","sectionType":"division","heading":"Provisions relating to candidates and voters","content":"### pt.2-div.2-sdiv.2 Provisions relating to candidates and voters\n\nSubdivision 2 Provisions relating to candidates and voters\n\n**pt 2, div 2, sdiv 2, hdg:** Ins 2013 (532), Sch 1 \\[6\\].","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Qualification for elected (academic staff) member","content":"#### 7 Qualification for elected (academic staff) member\n\n7 Qualification for elected (academic staff) member\n\n> For the purposes of section 8D (3) (a) of the Act, in respect of an elected (academic staff) member, the prescribed qualification is that the person’s name is entered on the Roll of Academic Staff.\n> \n> **cl 7:** Subst 2012 (463), Sch 2 \\[6\\]. Am 2016 (430), Sch 1 \\[7\\].","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Qualification for election as elected (professional staff) member","content":"#### 8 Qualification for election as elected (professional staff) member\n\n8 Qualification for election as elected (professional staff) member\n\n> For the purposes of section 8D (3) (a) of the Act, in respect of an elected (professional staff) member, the prescribed qualification is that the person’s name is entered on the Roll of Professional Staff.\n> \n> **cl 8:** Subst 2012 (463), Sch 2 \\[7\\]. Am 2016 No 27, Sch 1.31 \\[2\\]; 2016 (430), Sch 1 \\[7\\].","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Qualification for election as elected (undergraduate student) member","content":"#### 9 Qualification for election as elected (undergraduate student) member\n\n9 Qualification for election as elected (undergraduate student) member\n\n> For the purposes of section 8D (3) (a) of the Act, in respect of an elected (student) member who is an undergraduate student of the University, the prescribed qualifications are that:\n> \n> > (a) the person’s name is entered on the Roll of Undergraduate Students, and\n> \n> > (b) at the close of nominations for the election, the person has at least 2 years full-time study (or equivalent) remaining until completion of the person’s course at the university.\n> > \n> > Note—\n> > \n> > See clause 29 (2A) for elections to fill casual vacancies.\n> \n> **cl 9:** Subst 2012 (463), Sch 2 \\[8\\]; 2016 (430), Sch 1 \\[8\\].","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Qualification for election as elected (postgraduate student) member","content":"#### 10 Qualification for election as elected (postgraduate student) member\n\n10 Qualification for election as elected (postgraduate student) member\n\n> For the purposes of section 8D (3) (a) of the Act, in respect of an elected (student) member who is a postgraduate student of the University, the prescribed qualifications are that:\n> \n> > (a) the person’s name is entered on the Roll of Postgraduate Students, and\n> \n> > (b) at the close of nominations for the election, the person has at least 2 years full-time study (or equivalent) remaining until completion of the person’s course at the university.\n> > \n> > Note—\n> > \n> > See clause 29 (2A) for elections to fill casual vacancies.\n> \n> **cl 10:** Subst 2012 (463), Sch 2 \\[9\\]; 2016 (430), Sch 1 \\[8\\].","sortOrder":15},{"sectionNumber":"pt.2-div.2-sdiv.3","sectionType":"division","heading":"Ballot","content":"### pt.2-div.2-sdiv.3 Ballot\n\nSubdivision 3 Ballot\n\n**pt 2, div 2, sdiv 3, hdg:** Ins 2013 (532), Sch 1 \\[7\\]. Subst 2016 (430), Sch 1 \\[9\\].\n\n**pt 2, div 2, sdiv 3:** Subst 2016 (430), Sch 1 \\[9\\].","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Conduct of ballot","content":"#### 11 Conduct of ballot\n\n11 Conduct of ballot\n\n> A ballot for a Council election must be a secret ballot conducted in accordance with the election rules.\n> \n> **cl 11:** Am 2013 (532), Sch 1 \\[8\\]–\\[11\\]. Subst 2016 (430), Sch 1 \\[9\\].","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Method of voting","content":"#### 12 Method of voting\n\n12 Method of voting\n\n> > (1) The method of voting for a Council election is optional preferential voting.\n> \n> > (2) To cast a formal vote, voters indicate the name of their preferred candidate with the figure “1”.\n> \n> > (3) Voters may use consecutive figures (starting with the figure “2”) to indicate their order of preference for the remaining candidates.\n> \n> **cl 12:** Subst 2013 (532), Sch 1 \\[12\\]; 2016 (430), Sch 1 \\[9\\].","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Secrecy of ballot to be maintained","content":"#### 13 Secrecy of ballot to be maintained\n\n13 Secrecy of ballot to be maintained\n\n> > (1) The result of the count must remain confidential until the declaration of the poll by the Returning Officer.\n> \n> > (2) The Returning Officer, any person appointed by the Returning Officer or any scrutineer must not in any way disclose or aid in disclosing the manner in which any voter has voted.\n> \n> **cl 13:** Am 2013 (532), Sch 1 \\[13\\] \\[14\\]. Subst 2016 (430), Sch 1 \\[9\\].","sortOrder":19},{"sectionNumber":"pt.2-div.2-sdiv.4-6","sectionType":"division","heading":null,"content":"### pt.2-div.2-sdiv.4-6\n\nSubdivisions 4–6\n\n14–27I (Repealed)\n\n**cl 14:** Subst 2012 (463), Sch 2 \\[10\\]. Rep 2016 (430), Sch 1 \\[9\\].\n\n**pt 2, div 2, sdiv 4, hdg:** Ins 2013 (532), Sch 1 \\[15\\]. Rep 2016 (430), Sch 1 \\[9\\].\n\n**cl 15:** Am 2013 (532), Sch 1 \\[16\\]. Rep 2016 (430), Sch 1 \\[9\\].\n\n**cl 15A:** Ins 2013 (532), Sch 1 \\[17\\]. Rep 2016 (430), Sch 1 \\[9\\].\n\n**pt 2, div 2, sdiv 5, hdg:** Ins 2013 (532), Sch 1 \\[17\\]. Rep 2016 (430), Sch 1 \\[9\\].\n\n**cl 15B:** Ins 2013 (532), Sch 1 \\[17\\]. Rep 2016 (430), Sch 1 \\[9\\].\n\n**cl 16:** Am 2012 (463), Sch 2 \\[11\\] \\[12\\]. Rep 2016 (430), Sch 1 \\[9\\].\n\n**cll 17–19:** Rep 2016 (430), Sch 1 \\[9\\].\n\n**cl 20:** Am 2012 (463), Sch 2 \\[13\\]. Rep 2016 (430), Sch 1 \\[9\\].\n\n**cl 21:** Am 2012 (463), Sch 2 \\[14\\]. Rep 2016 (430), Sch 1 \\[9\\].\n\n**cll 22–27:** Rep 2016 (430), Sch 1 \\[9\\].\n\n**pt 2, div 2, sdiv 6 (cll 27A–27I):** Ins 2013 (532), Sch 1 \\[18\\]. Rep 2016 (430), Sch 1 \\[9\\].","sortOrder":20},{"sectionNumber":"pt.2-div.2-sdiv.7","sectionType":"division","heading":"Miscellaneous","content":"### pt.2-div.2-sdiv.7 Miscellaneous\n\nSubdivision 7 Miscellaneous\n\n**pt 2, div 2, sdiv 7, hdg:** Ins 2013 (532), Sch 1 \\[18\\].","sortOrder":21},{"sectionNumber":"28","sectionType":"section","heading":"Term of office of elected members of Council","content":"#### 28 Term of office of elected members of Council\n\n28 Term of office of elected members of Council\n\n> > (1) For the purposes of section 9 (1) (c) of the Act, a member of Council elected under section 8D (1) (a), (b) or (c) of the Act holds office for 2 years.\n> \n> > (2) For the purposes of section 9 (1) (d) of the Act, a member of Council elected under section 8E of the Act holds office for 2 years.\n> \n> **cl 28:** Subst 2012 (463), Sch 2 \\[15\\].","sortOrder":22},{"sectionNumber":"29","sectionType":"section","heading":"Casual vacancy in office of elected member of Council","content":"#### 29 Casual vacancy in office of elected member of Council\n\n29 Casual vacancy in office of elected member of Council\n\n> > (1) In the event that a casual vacancy in the office of a member of the Council elected under section 8D (1) (a), (b) or (c) of the Act occurs:\n> > \n> > > (a) if less than half of that member’s term of office remains, the Council, as soon as practicable after the vacancy occurs, with the consent of the runner up in the most recent election for that office, may appoint the runner up to hold that office under section 8D (1) (a), (b) or (c) of the Act for the remainder of the term of office, or\n> > \n> > > (b) if the remainder of that member’s term of office is or exceeds half of the term of office, the Returning Officer is to conduct an election among those persons qualified to vote at such an election in accordance with the Act and this By-law to fill the vacancy for the balance of the term of office.\n> \n> > (1A) If the office is not filled in accordance with subclause (1) (a), the Council must by resolution appoint a person qualified to hold that office under section 8D (1) (a), (b) or (c) of the Act to hold office for the remainder of the term of office.\n> \n> > (2) An election referred to in subclause (1) (b) is to be conducted as soon as practicable after the vacancy occurs (or, in a case to which clause 30 applies, from some earlier time in accordance with that clause).\n> \n> > (2A) Despite clauses 9 (b) and 10 (b), the prescribed qualification for a person in an election referred to in subclause (1) (b) in respect of an elected (student) member is that, at the close of nominations for the election, the period of full-time study (or equivalent) remaining until completion of the person’s course at the university exceeds the balance of the term of office concerned.\n> \n> > (3) In this clause:\n> > \n> > runner up in an election means the person who, in the vote counting process at the election, was the last remaining candidate for election aside from the person who was declared elected.\n> \n> **cl 29:** Am 2012 (463), Sch 2 \\[16\\]; 2013 (532), Sch 1 \\[19\\]–\\[22\\]; 2016 (430), Sch 1 \\[10\\].","sortOrder":23},{"sectionNumber":"30","sectionType":"section","heading":"Election in anticipation of resignation","content":"#### 30 Election in anticipation of resignation\n\n30 Election in anticipation of resignation\n\n> > (1) Any member of the Council who intends to resign in circumstances that would create a vacancy to which clause 29 (1) (b) would apply if the resignation took effect as intended is under a duty to notify the Returning Officer as soon as practicable of:\n> > \n> > > (a) his or her intention to resign, and\n> > \n> > > (b) the date from which the resignation is intended to take effect.\n> \n> > (2) On receipt of any such notification the Returning Officer, even though the resignation has not taken effect, may in accordance with the election rules proceed to conduct an election to fill the anticipated vacancy.\n> \n> > (3) The election of a new member of the Council in accordance with subclause (2) does not take effect until after the incumbent member’s resignation takes effect.\n> \n> **cl 30:** Am 2016 (430), Sch 1 \\[11\\].","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Appointed members of Council","content":"## Division 3 Appointed members of Council\n\nDivision 3 Appointed members of Council","sortOrder":25},{"sectionNumber":"31","sectionType":"section","heading":null,"content":"#### 31\n\n31–33 (Repealed)","sortOrder":26},{"sectionNumber":"34","sectionType":"section","heading":"Nominations procedure relating to appointments under sections 8F and 8G","content":"#### 34 Nominations procedure relating to appointments under sections 8F and 8G\n\n34 Nominations procedure relating to appointments under sections 8F and 8G\n\n> > (1) At least 3 months before the term of office of a member of the Council appointed under section 8F or 8G of the Act is due to expire, a Nominations Committee established by the Council is to identify persons who may be suitable for appointment as such a member.\n> \n> > (2) The Committee is:\n> > \n> > > (a) to determine which of those persons are to be recommended to the Council:\n> > > \n> > > > (i) for suggestion for consideration for appointment by the Minister, or\n> > > \n> > > > (ii) for appointment by the Council,\n> > > \n> > > as the case may be, and\n> > \n> > > (b) to recommend the length of appointment for each such person, and\n> > \n> > > (c) to forward those recommendations to the Council at least 2 months before the relevant term of office is due to expire.\n> \n> > (3) In determining the persons to be recommended under subclause (2) (a), the Committee is to have regard to:\n> > \n> > > (a) the skills and experience of the continuing members of the Council, and\n> > \n> > > (b) the skills and experience that will be needed for the Council as a whole (taking into account the matters referred to in section 8C of the Act), and\n> > \n> > > (c) such other matters as the Committee considers relevant.\n> \n> > (4) The Council is:\n> > \n> > > (a) to consider the recommendations forwarded by the Committee, and\n> > \n> > > (b) to determine which of the recommended persons are to be:\n> > > \n> > > > (i) suggested for consideration for appointment by the Minister, or\n> > > \n> > > > (ii) appointed by the Council,\n> > > \n> > > as the case may be, and\n> > \n> > > (c) to determine:\n> > > \n> > > > (i) in the case of the persons referred to in paragraph (b) (i), the recommended length of appointment for each such person, or\n> > > \n> > > > (ii) in the case of the persons referred to in paragraph (b) (ii), the length of appointment for each such person.\n> \n> > (5) The Chancellor is to forward the determinations referred to in subclause (4) (b) (i) and (c) (i) to the Minister.\n> \n> > (6) The Council is to make the determinations referred to in subclause (4) at least 1 month before the relevant term of office is due to expire.\n> \n> > (7) The Council may make the determinations referred to in subclause (4) only at a meeting of the Council:\n> > \n> > > (a) convened by the University Secretary, and\n> > \n> > > (b) of which the University Secretary has given each member of the Council at least 7 days’ notice.\n> \n> > (8) The notice referred to in subclause (7) (b) must:\n> > \n> > > (a) be posted or delivered to each member of the Council, and\n> > \n> > > (b) state the date, time and place of the meeting, and\n> > \n> > > (c) state the purpose of the meeting.\n> \n> > (9) A failure to comply with a time limit specified in this clause does not affect the validity of a suggestion or an appointment.\n> \n> **cl 34:** Am 2012 (463), Sch 2 \\[20\\]–\\[23\\]; 2016 (430), Sch 1 \\[13\\] \\[14\\].","sortOrder":28},{"sectionNumber":"35","sectionType":"section","heading":null,"content":"#### 35\n\n35 (Repealed)","sortOrder":29},{"sectionNumber":"36","sectionType":"section","heading":"Casual vacancy in the office of an appointed member of Council","content":"#### 36 Casual vacancy in the office of an appointed member of Council\n\n36 Casual vacancy in the office of an appointed member of Council\n\n> > (1) If a casual vacancy occurs in the office of a member of Council appointed under section 8F or 8G of the Act, the Chancellor is to forward to the Minister for consideration for appointment the name of a person nominated in accordance with the procedures set out in clause 34 in respect of such an office.\n> \n> > (2) (Repealed)\n> \n> > (3) The time limits specified in clause 34 may be disregarded for the purposes of this clause.\n> \n> **cl 36:** Am 2012 (463), Sch 2 \\[25\\]–\\[27\\].","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Membership of Convocation","content":"# Part 3 Membership of Convocation\n\nPart 3 Membership of Convocation","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Graduates of University","content":"#### 37 Graduates of University\n\n37 Graduates of University\n\n> For the purposes of section 3 (2) of the Act, the following are prescribed:\n> \n> > (a) an associate diploma or certificate received on completion of a course with a minimum duration of one year full-time or its equivalent,\n> \n> > (b) an honorary degree.","sortOrder":33},{"sectionNumber":"38","sectionType":"section","heading":"Prescribed staff members of Convocation","content":"#### 38 Prescribed staff members of Convocation\n\n38 Prescribed staff members of Convocation\n\n> For the purposes of section 14 (1) (c) of the Act, Convocation includes persons who are continuing or fixed-term members of the academic or professional staff of the University.\n> \n> **cl 38:** Subst 2016 (430), Sch 1 \\[15\\]. Am 2016 No 27, Sch 1.31 \\[2\\].\n> \n> **pt 4, div 1:** Rep 2016 (430), Sch 1 \\[16\\].\n> \n> **pt 4, div 2 (cll 41–43):** Rep 2016 (430), Sch 1 \\[16\\].","sortOrder":34},{"sectionNumber":"39","sectionType":"section","heading":"Prescribed additional members of Convocation","content":"#### 39 Prescribed additional members of Convocation\n\n39 Prescribed additional members of Convocation\n\n> In addition to the persons on whom membership is conferred by the Act or this Part, Convocation includes the following:\n> \n> > (a) past members of the Councils of any of the predecessors of the University and of the Councils of the Kuring-gai College of Advanced Education and the Sydney College of Advanced Education, including past members of the governing bodies of the predecessors of each of those institutions,\n> \n> > (b) those persons who have been admitted to membership of Convocation by virtue of section 14 (1) (c) of the Act and who have ceased employment after serving for not less than 5 years as members of the staff of the University,\n> \n> > (c) Professors Emeriti and recipients of honorary awards of the University, if not otherwise members of Convocation,\n> \n> > (d) such other persons as are considered by the Council to have given conspicuous service to the University or to be specially qualified to advance the interests of the University and who are admitted, by resolution of Council, as members of Convocation.","sortOrder":35},{"sectionNumber":"40","sectionType":"section","heading":"Exemption from membership","content":"#### 40 Exemption from membership\n\n40 Exemption from membership\n\n> The Council may exempt any person, on grounds of conscience, from membership of Convocation.","sortOrder":36},{"sectionNumber":"Part 4","sectionType":"part","heading":"Rules","content":"# Part 4 Rules\n\nPart 4 Rules","sortOrder":37},{"sectionNumber":"41","sectionType":"section","heading":null,"content":"#### 41\n\n41–43 (Repealed)","sortOrder":38},{"sectionNumber":"44","sectionType":"section","heading":"Rules made by Council","content":"#### 44 Rules made by Council\n\n44 Rules made by Council\n\n> The Council may make rules for or with respect to any or all of the matters for or with respect to which rules may be made under the Act.\n> \n> Note—\n> \n> Section 29 (1) of the Act provides that the by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with the Act or the by-laws) for or with respect to matters for which by-laws may be made, except the matters referred to in sections 3 (2), 8B, 8D, 8E and 8F (2), 10 (2), 14 (1), 16 (1) (d) and (e), 23 and 28 (1) (b) and (k) of the Act and clauses 1 (1) (c) and (d) and 3 of Schedule 1 to the Act.\n> \n> **pt 4, div 2 (cll 41–43):** Rep 2016 (430), Sch 1 \\[16\\].\n> \n> **cl 44:** Am 2013 (532), Sch 1 \\[23\\].","sortOrder":40},{"sectionNumber":"45","sectionType":"section","heading":null,"content":"#### 45\n\n45 (Repealed)","sortOrder":41},{"sectionNumber":"46","sectionType":"section","heading":"Promulgation of rules","content":"#### 46 Promulgation of rules\n\n46 Promulgation of rules\n\n> > (1) A rule must be promulgated by publication on the University website.\n> \n> > (2) The Council must ensure that all rules are publicly available for inspection on the University website.\n> \n> > (3) Failure to comply with subclause (2) does not invalidate any rule.\n> \n> > (4) (Repealed)\n> \n> **pt 4, div 2 (cll 41–43):** Rep 2016 (430), Sch 1 \\[16\\].\n> \n> **cl 46:** Am 2013 (532), Sch 1 \\[24\\]; 2016 (430), Sch 1 \\[18\\] \\[19\\].","sortOrder":43},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":44},{"sectionNumber":"46A","sectionType":"section","heading":"Meetings and committees of Academic Board","content":"#### 46A Meetings and committees of Academic Board\n\n46A Meetings and committees of Academic Board\n\n> The Academic Board may determine:\n> \n> > (a) the manner and time of convening, holding and adjourning its meetings, and\n> \n> > (b) the conduct of business and the manner of voting at its meetings, and\n> \n> > (c) the establishment of committees of the Board and the quorum, powers and duties of such committees.\n> \n> **pt 4, div 2 (cll 41–43):** Rep 2016 (430), Sch 1 \\[16\\].\n> \n> **cl 46A:** Ins 2016 (430), Sch 1 \\[20\\].","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":null,"content":"#### 47\n\n47 (Repealed)","sortOrder":46},{"sectionNumber":"47A","sectionType":"section","heading":"Delegation by Council","content":"#### 47A Delegation by Council\n\n47A Delegation by Council\n\n> For the purposes of section 17 of the Act, the following persons are prescribed as persons to whom the Council may delegate its functions:\n> \n> > (a) any member of staff of the University,\n> \n> > (b) any person engaged as a contractor by the University.\n> \n> **pt 4, div 2 (cll 41–43):** Rep 2016 (430), Sch 1 \\[16\\].\n> \n> **cl 47A:** Ins 2013 (532), Sch 1 \\[25\\].","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Repeal","content":"#### 48 Repeal\n\n48 Repeal\n\n> > (1) The [University of Technology, Sydney, By-law 1995](/view/html/repealed/current/sl-1995-0572) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [University of Technology, Sydney, By-law 1995](/view/html/repealed/current/sl-1995-0572), had effect under that By-law is taken to have effect under this By-law (but only to the extent that it relates to an act, matter or thing affected by this By-law and is not inconsistent with this By-law and the acts, matters or things done under this By-law).\n> \n> > (3) In particular, any rule made pursuant to a provision of the repealed By-laws is taken to have been made pursuant to the corresponding provision of this By-law.\n> \n> > (4) (Repealed)\n> \n> **pt 4, div 2 (cll 41–43):** Rep 2016 (430), Sch 1 \\[16\\].\n> \n> **cl 48:** Am 2016 (430), Sch 1 \\[22\\].","sortOrder":49}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the by-law appears to have remained focused on its original purpose of governing UTS's internal operations. The amendments over time (2012, 2013, 2015, 2016) suggest refinements rather than a fundamental expansion or narrowing of scope. However, without access to the substantive provisions, a definitive conclusion cannot be drawn."},"complexity_factors":["Only metadata and navigation elements were provided — no substantive legal content is present in this extract, making full analysis impossible","By-laws of this type typically involve cross-referencing with the parent Act (University of Technology Sydney Act 1989) and other university policies","Multiple historical versions (amended at least 4 times since 2005) suggest evolving regulatory requirements","Institutional governance documents can involve layered rule-making authority that requires understanding of the parent legislation","Score kept low because by-laws governing a single institution are inherently narrower in scope than general legislation"],"plain_english_summary":"## University of Technology Sydney By-law 2005\n\n**What is this?**\nThis is a by-law (a lower-level rule made under a parent law) that governs the internal operations of the University of Technology Sydney (UTS). By-laws like this typically set out rules about things like:\n- How the university is governed and managed\n- Rights and responsibilities of students and staff\n- Use of university property and facilities\n- Conduct on campus\n- Disciplinary processes\n\n**Who does it affect?**\nAnyone connected to UTS — students, staff, and visitors to campus — is potentially affected by this by-law. It sets the formal legal framework within which the university operates day-to-day.\n\n**Why does it matter?**\nThis by-law gives the university legal authority to enforce its rules. If you're a UTS student or staff member, this document (along with UTS's own policies) underpins the formal rules you must follow. Breaching it could result in disciplinary action.\n\n**Important note:**\nThe document provided here contains only the metadata and navigation framework from the NSW legislation website — the actual substantive content (the rules themselves) has not been included in this extract. A full analysis of specific provisions is not possible from this extract alone.\n\n**History:**\nThe by-law has been updated several times since it was first made in 2005, with the most recent version in force from 8 July 2016."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This 2005 By-law replaces the University of Technology, Sydney, By-law 1995 (clause 48(1)) and carries over rules made under the old By-law to the extent they are consistent (clause 48(2)–(3)). The text shows many earlier clauses were later repealed or substituted (for example, clauses 14–27I, 31–33, 41–43 are marked repealed in the current text). The current By-law therefore embodies a changed administrative scope compared with the 1995 instrument: it consolidates and updates election procedures, adds or clarifies duties for roles such as the Returning Officer and the Nominations Committee, prescribes publishing rules on the University website (clauses 5, 6, 34, 44–46), and introduces explicit delegation permissions (clause 47A). These alterations are visible in the repeals and substitution notes in the By-law text and in clause 48 which effects the repeal and transitional continuity."},"complexity_factors":["Extensive cross-references to the University of Technology Sydney Act 1989 (the Act) — many provisions operate \"for the purposes of\" particular sections of the Act (e.g. clauses 2, 7–10, 28).","Multiple distinct governance processes covered (elections, rolls, appointments, Convocation membership, rule-making, delegation) each with their own procedural requirements (clauses 5–6, 9–10, 28–36, 37–46A, 47A).","Several formal roles with decision-making discretion: Returning Officer (clause 5), Nominations Committee and Council (clause 34), Chancellor (clauses 34(5), 36), University Secretary (clause 34(7)–(8)).","Timing and eligibility conditions that vary by circumstance (standard elections vs casual vacancies; student remaining-study tests differ for ordinary elections and casual vacancies — clauses 9–10, 29(2A), 30).","Administrative compliance obligations (maintaining Rolls, publishing rules, notice periods) combined with a provision that non-publication does not invalidate rules (clause 6, clause 46(2)–(3)), creating a technical distinction between transparency and legal effect.","Multiple repeals and insertions across different years, producing a patchwork of current clauses and repealed provisions (see clause 48 and many \"Rep\" notes), which complicates reading historical intent and line-by-line continuity."],"plain_english_summary":"# What this By-law does\n\nThis By-law sets out detailed administrative rules for how the University of Technology Sydney (UTS) organises several internal governance matters. It is a set of procedural rules that operate under the University of Technology Sydney Act 1989 (the Act) and applies to the University (clause 2).\n\nKey mechanical changes and rules\n\n- It fixes the Chancellor’s term at 4 years (clause 4).\n- It prescribes how elections for Council members are run: who conducts them, how voters are listed, who is eligible to stand, the voting method, secrecy and counting rules, and how casual vacancies are filled (clauses 5–13, 28–30). The Returning Officer runs elections and may appoint deputies and assistants; the Returning Officer’s decisions on eligibility, conduct and results are final subject to the Act and this By-law (clause 5).\n- It requires the Returning Officer to maintain separate Rolls (lists) of Academic Staff, Professional Staff, Undergraduate Students and Postgraduate Students with names and last known email addresses (or addresses where no email is known) (clause 6). A person who is both a student and a continuing/fixed-term staff member is excluded from student rolls (clause 6(2)).\n- It prescribes eligibility criteria for elected Council members (for academic, professional, undergraduate and postgraduate seats), including an explicit requirement that undergraduate and postgraduate student candidates must have at least 2 years full-time study (or equivalent) remaining when nominations close (clauses 7–10). For casual vacancy elections there is a tailored remaining-study test linked to the balance of the vacant term (clause 29(2A)).\n- Ballots must be secret and use optional preferential voting; a formal vote is cast by indicating a first preference as \"1\" and preferences may be numbered consecutively thereafter (clauses 11–13, 12(1)–(3)).\n- The By-law sets nomination and appointment procedures for appointed Council members, including a Nominations Committee process, timing requirements, and the Chancellor’s role in forwarding suggestions to the Minister (clause 34). For casual vacancies among appointed members, the Chancellor forwards a nominee to the Minister (clause 36).\n- It defines membership categories for Convocation (graduates, certain staff and other categories) and allows the Council to admit additional persons or exempt persons from Convocation on grounds of conscience (clauses 37–40).\n- The Council may make rules for matters within its rule-making power under the Act; rules must be published on the University website and be publicly available for inspection (clauses 44, 46). Failure to publish does not invalidate a rule (clause 46(3)).\n- The Academic Board may set its meeting practices and establish committees (clause 46A).\n- The Council may delegate functions to any University staff member or to any contractor engaged by the University (clause 47A).\n- The 1995 UTS By-law is expressly repealed and certain acts done under it are preserved to the extent consistent with this By-law (clause 48).\n\nStated rationale and how it compares with practical effects\n\n- The By-law’s operative content is largely procedural: it prescribes processes and criteria for Council composition, elections and appointments (see especially clauses 5–13, 28–36 and 44–46). The text does not include an explanatory memorandum in itself; its functional purpose (from the provisions) is to provide clear administrative rules so elections and appointments can be carried out consistently under the Act (clauses 2, 5, 34, 44).\n\n- Practical costs and who bears them: the University (its officers and staff) carries the administrative tasks mandated by the By-law. Examples: maintaining and updating Rolls (clause 6), running elections and counts (clause 5), convening Council meetings and Nominations Committee work (clause 34), publishing rules on the University website (clause 46). These are administrative resource costs; the By-law does not allocate external funding or fees.\n\n- Incentives and behavioural effects: the By-law centralises operational control over elections in the Returning Officer (clause 5) and places time and procedural duties on Council bodies (for example, the Nominations Committee must make recommendations at specified intervals (clause 34(1)–(6))). Those features shift discretionary operational power to named officers/committees and impose compliance actions on University staff.\n\n- Compliance burdens and timeframes: the By-law imposes explicit timing duties and notice requirements for parts of the appointment process (for example, Nominations Committee timelines and Council meeting notice requirements in clause 34(6)–(8)); the Returning Officer must keep Rolls and run elections (clauses 5–6); members intending to resign must notify the Returning Officer if their resignation would trigger an election (clause 30(1)). These create identifiable administrative tasks that must be performed to keep processes valid.\n\n- Bureaucratic discretion: the Returning Officer has final decision-making authority on eligibility and conduct matters within the scope of the Act and this By-law (clause 5(3)). The Council retains discretion to admit persons to Convocation (clause 39) and to exempt persons from Convocation on grounds of conscience (clause 40). The Council also makes rules under powers provided by the Act (clause 44) and may delegate functions to staff or contractors (clause 47A). These are points where individual or collective decision-makers exercise judgement.\n\n- Trade-offs and implementation risks: the By-law prioritises procedural clarity (detailed eligibility, rolls, voting method and timing rules) which supports predictable administration, but some discretion (Returning Officer rulings, Council resolutions) remains that can produce case-by-case outcomes (clauses 5, 34, 39). The publication requirement (clause 46) increases transparency, but the By-law also provides that failure to publish does not invalidate a rule (clause 46(3)), which reduces legal risk of procedural invalidity while creating a potential gap between transparency objectives and legal effect.\n\n- Concentrated benefits and diffuse costs: persons involved in running elections (the Returning Officer and supporting staff) and those selected by Nominations Committee/Council processes have concentrated influence; the administrative burden and compliance costs are borne by the University’s staff and officers (clauses 5, 6, 34, 46). The By-law itself does not create monetary transfers or fees.\n\n- Effects on private choice and independent actors: the rules govern internal University governance and primarily change how university officers, staff and students participate in Council elections and Convocation membership (clauses 6–10, 28–36, 37–40). They do not alter external legal rights beyond the scope of the Act.\n\nPractical takeaway: The By-law implements a procedural framework for Council elections, appointments, Convocation membership and internal rule-making at UTS. It assigns operational responsibilities (notably to the Returning Officer and the Council/Nominations Committee), sets eligibility and voting rules, requires publication of rules, and replaces the prior 1995 By-law (clause 48). Those procedures create identifiable administrative duties for the University and leave several decision points to named officers and committees (clauses 5, 34, 39, 47A)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The By-law remains focused on its original purpose of establishing governance procedures for Council elections, Convocation membership, and rule-making powers. While it has been amended multiple times (particularly to streamline election procedures in 2016 by removing subdivisions 4-6), it has not expanded beyond its core function of operationalizing the University of Technology Sydney Act 1989."},"complexity_factors":["Multiple amendment histories cluttering the text (references to 2012, 2013, 2015, 2016 amendments throughout)","Extensive cross-referencing to the University of Technology Sydney Act 1989 (requires reading both documents together to understand full context)","Nested conditional logic for casual vacancies (different procedures depending on whether less than or more than half the term remains)","Dual pathways for appointed members (Minister-appointed vs Council-appointed with slightly different procedures)","Repealed provisions left as structural gaps (clauses 14-27I, 31-33, 35, 41-43, 45, 47 removed but still referenced in amendment notes)","Specific timing requirements for nominations (3 months, 2 months, 1 month deadlines with exceptions)"],"plain_english_summary":"This By-law sets out the internal governance rules for the University of Technology Sydney (UTS). It covers four main areas:\n\n**1. Council Elections and Membership**\n- The Chancellor serves a 4-year term.\n- Staff and students elect representatives to the University Council (the governing body):\n  - Academic staff elect 1 member\n  - Professional staff elect 1 member  \n  - Undergraduate students elect 1 member\n  - Postgraduate students elect 1 member\n- To run for election, staff must be on official rolls (continuing or fixed-term employees, not casuals). Students must be enrolled in courses of at least one year duration and have at least 2 years of study remaining (or enough time to cover the term for casual vacancies).\n- Elections use **optional preferential voting** (you number candidates in order of preference, but don't have to number all of them).\n- A Returning Officer runs the elections and has final say on disputes.\n- If an elected member resigns or leaves early: if less than half their term remains, the runner-up can fill the spot; otherwise a new election is held.\n\n**2. Appointed Council Members**\n- For members appointed by the Minister or Council (rather than elected), a Nominations Committee identifies candidates 3 months before terms expire.\n- The Committee considers skills needed for the Council as a whole, then recommends candidates to the Council for appointment.\n\n**3. Convocation (the University's formal membership body)**\n- Automatic membership includes: graduates (including those with diplomas/certificates of at least one year), current continuing/fixed-term staff, and certain former staff who served 5+ years.\n- Also includes former council members of UTS and its predecessor institutions, Professors Emeriti, honorary award recipients, and others admitted by Council for distinguished service.\n- People can opt out on grounds of conscience.\n\n**4. General Rules and Delegations**\n- The Council can make rules on most operational matters (provided they don't conflict with the parent Act).\n- Rules must be published on the University website.\n- The Academic Board can set its own meeting procedures and establish committees.\n- The Council can delegate its functions to any staff member or contractor.\n\n**Why it matters:** This By-law determines who gets a say in running UTS, how they're chosen, and how decisions get made. It affects thousands of staff and students who can vote or stand for election, and it shapes the University's strategic direction through its governance structure."}},"importantCases":[],"_links":{"self":"/api/acts/university-of-technology-sydney-by-law-2005","history":"/api/acts/university-of-technology-sydney-by-law-2005/history","analysis":"/api/acts/university-of-technology-sydney-by-law-2005/analysis","conflicts":"/api/acts/university-of-technology-sydney-by-law-2005/conflicts","importantCases":"/api/acts/university-of-technology-sydney-by-law-2005/important-cases","documents":"/api/acts/university-of-technology-sydney-by-law-2005/documents"}}