The text relies on a small set of recurring concepts that structure governance and operational decisions. Those concepts are defined or used as follows in the instrument.

• Chief Executive. Defined in the regulation as the person employed in the Public Service as the Chief Executive of the Museum of Applied Arts and Sciences (s 3). The Chief Executive is allocated operational responsibility: administration and management of the Museum, responsibility for services provided in connection with the Museum, an obligation to report to the trustees on those matters (s 10(1)-(2)), the capacity to attend and be heard at trustee meetings (s 8), and specific powers regarding loans,permission required for outgoing loans and power to accept incoming loans (ss 11-12).

• President. The President is the President of the Trustees nominated under the Act, section 8(1) (s 3). The President may call ordinary meetings (s 4) and special meetings (s 5), is ex officio a member of committees established under the regulation (s 9(2)), may preside at committee meetings (s 9(3)), and participates in the default chairing arrangements for committees where appropriate (s 9(4)).

• Trustees’ meeting procedures. Ordinary meetings may be called by the President or, with the President’s agreement, by a trustee (s 4). Special meetings may be called by the President, at the request of at least three trustees, or by the Chief Executive (s 5). Trustees must receive at least three days’ notice of the day, time and place of ordinary, special or adjourned meetings and of the business proposed to be considered (s 6). If quorum-related attendance does not occur within 15 minutes of the time fixed, the meeting is adjourned either to a day determined by trustees present or, if no trustees are present, the business stands adjourned until the next meeting (s 7).

• Committees. Trustees may establish committees relating to aspects of the Museum’s activities, determine terms of reference, and appoint a committee member as chair (s 9(1)(a)-(c)). The President and Chief Executive are members of every such committee by virtue of their offices (s 9(2)). Chairing and presiding rules are set out: the President may preside, otherwise the committee chair or, if absent, another member appointed by those present, must preside (ss 9(3)-(4)).

• Loans. Outgoing loans of exhibits or specimens require the Chief Executive’s permission and exhibits must not be lent without that permission (s 11(1)-(2)). Incoming loans may be accepted by the Chief Executive (s 12). The regulation sets the allocation of decision-making for physical flows of collection items, but does not prescribe criteria, conditions, forms or procedural steps for acceptance or lending beyond the requirement for permission/acceptance (ss 11-12).

• Admission/opening times. The trustees have the power to determine days and times when the Museum is open to the public (s 13). The regulation does not set minimum opening hours, fee arrangements or obligations to the public; it provides trustees the decision left intentionally broad (s 13).

• Repeal and savings. The 2017 regulation is expressly repealed (s 14(1)), and any act, matter or thing that immediately before repeal had effect under the 2017 instrument continues to have effect under the 2024 regulation (s 14(2)). The commencement note says the regulation commences on publication and that it repeals and replaces the 2017 regulation (s 2 note).

These are the main operational and governance building blocks. The regulation sets who decides on particular classes of matters (President, trustees, Chief Executive), how meetings are called and managed in high-level terms, how committees are established and run at a basic level, and who controls incoming and outgoing loans. It leaves significant procedural detail, criteria and implementation mechanics unspecified.

The regulation directly and indirectly affects a compact set of actors tied to the Museum’s governance and operations. The instrument names or implicates these parties and the regulatory text assigns roles, decision rights or obligations to them:

• Trustees. Trustees are the primary governance body affected. The regulation prescribes how trustees’ ordinary and special meetings may be called (ss 4-5), requires they be given at least three days’ notice of meetings and proposed business (s 6), sets adjournment rules in the event of inadequate attendance (s 7), empowers trustees to establish committees and set their terms of reference (s 9(1)), and gives trustees the power to determine days and times when the Museum is open to the public (s 13). The trustees therefore carry responsibility for governance decisions and for establishing committee structures.

• The President of the Trustees. The President has several specific powers and roles. The regulation identifies the President as having authority to call ordinary meetings (s 4) and special meetings (s 5), to preside at committee meetings (s 9(3)), and as an ex officio member of committees (s 9(2)). The President’s agreement is required for a trustee to call an ordinary meeting (s 4), giving the office a gatekeeping role in ordinary meeting initiation.

• The Chief Executive. The regulation defines the Chief Executive and assigns operational and procedural roles. The Chief Executive is responsible to the trustees for the Museum’s administration, management and services (s 10(1)), must give trustees a report on those matters (s 10(2)), may attend trustee meetings and be heard on matters before them (s 8), and has explicit loan-management powers: the Chief Executive’s permission is prerequisite to outgoing loans and the Chief Executive may accept incoming loans (ss 11-12). The Chief Executive can also call special meetings (s 5). These provisions place day-to-day operational authority and discrete delegations in the Chief Executive.

• Museum staff and managers. While the regulation names the Chief Executive specifically, museum staff and managers are affected because the Chief Executive’s responsibilities for administration and services (s 10) implicate the organisational chain of command. The regulation itself does not prescribe staffing arrangements, but assigns the Chief Executive responsibility for the Museum’s management.

• Persons or bodies lending to or borrowing from the Museum. The regulation governs legal entitlement to borrow items held by the Museum (s 11) and to have loans accepted by the Museum (s 12). Private lenders, other museums, institutions and individuals seeking to borrow exhibits or specimens must obtain the Chief Executive’s permission; persons or bodies offering loans must have the Chief Executive accept them (ss 11-12).

• The public and visitors. The trustees determine days and times the Museum is open to the public (s 13). That decision shapes accessibility and public-facing services but the regulation does not set minimum standards, obligations or fee arrangements.

• Parties using the 2017 regulation arrangements. The repeal and savings clause preserves the effect of acts, matters and things that had effect under the 2017 regulation immediately before repeal (s 14(2)), so entities operating under prior arrangements continue to be affected by equivalent rights and obligations under the new instrument.

Actors not expressly mentioned but implicated: third parties interacting with committees, suppliers and contractors engaged under the Chief Executive’s administration, and any governmental or statutory bodies whose interaction protocols are governed by the Act rather than by this regulation. The regulation does not specify rights or duties for volunteers, donors, or researchers; their legal status will depend on the Act, internal policies, or contractual arrangements outside the text of this regulation (s 3 note).

The regulation assigns a limited set of duties and rights. Below is a focused catalogue with the relevant section citations and the practical legal effect implied by each provision.

Chief Executive , duties and powers

• Administrative and managerial responsibility. The Chief Executive is “responsible to the trustees for the administration and management of the Museum, and the services provided in connection with the Museum” (s 10(1)(a)-(b)). Practically, this is an internal executive duty to carry out and oversee museum operations, reporting to trustees.
• Reporting obligation. The Chief Executive “must give the trustees a report on the matters set out in subsection (1)(a) and (b)” (s 10(2)). The trustees retain discretion to determine when those reports must be provided (s 10(3)).
• Meeting participation and speaking rights. The Chief Executive may attend ordinary and special trustee meetings and “be heard on a matter before the meeting” (s 8). The regulation expressly confers presence and speaking rights; it does not grant a vote or an entitlement to move motions , the instrument is silent on voting rights and quorum definition.
• Loan powers. For outgoing loans, a person or body may borrow an exhibit or specimen only “if the Chief Executive permits” (s 11(1)), and exhibits must not be lent without that permission (s 11(2)). For incoming loans, “the Chief Executive may accept an exhibit or specimen on loan from another person or body” (s 12). Those provisions allocate final operational control of loan decision-making to the Chief Executive.

Trustees , duties and powers

• Calling and managing meetings. Ordinary meetings can be called by the President or by a trustee with the President’s agreement (s 4). Special meetings can be called by the President, at the request of at least three trustees, or by the Chief Executive (s 5). Trustees must be given at least three days’ notice of the meeting day, time and place and of the business proposed for the meeting (s 6).
• Determining opening hours. Trustees “may determine the days and times when the Museum is open to the public” (s 13), giving trustees direct control over public access scheduling.
• Establishing committees. Trustees can establish committees related to aspects of the Museum’s activities, set terms of reference, and appoint committee chairs (s 9(1)(a)-(c)). That confers structural discretion to allocate decision-making and oversight tasks within trustee-controlled committees.

President , powers

• Calling meetings and presiding. The President may call ordinary and special meetings (ss 4-5), is an ex officio committee member (s 9(2)), and “may preside” at committee meetings (s 9(3)). The President therefore has both agenda-setting and chairing capacities.

Committee members , rights and internal governance

• Ex officio membership. The President and Chief Executive are members of committees “because of holding office as the President and the Chief Executive” (s 9(2)). Trustees may appoint additional members and determine terms of reference (s 9(1)).
• Chairing arrangements. A committee chair may be appointed from committee members (s 9(1)(c)); the President may preside (s 9(3)); if the President declines or is absent, the appointed chair presides (s 9(4)(a)), and if the appointed chair is absent, members present appoint another presiding member (s 9(4)(b)).

Notice and attendance obligations

• Minimum notice content and period. Trustees must receive at least three days’ notice of meeting time, place and business (s 6). The regulation also dictates adjournment outcomes linked to trustee attendance and a fifteen-minute threshold after the scheduled start time (s 7).

Rights not provided

• Voting rights, quorum size, minutes, conflict-of-interest protocols and detailed loan conditions are not specified in the regulation. The instrument is silent on those points, so any rights or duties in these areas will need to be derived from the Act or from trustee-established rules consistent with the Act (s 3 note).

In short, the regulation delineates a small set of clear operational rights and duties: the Chief Executive as the operational pivot with reporting duties and loan decision authority; the trustees as the governance body with meeting and opening-hours powers; the President as meeting initiator and committee presider; committees as trustee-created vehicles with ex officio membership for President and Chief Executive. The regulation leaves substantial procedural detail and many governance mechanics unspecified.

The regulation contains no express penalty, fine, offence provision, administrative sanction or specified enforcement mechanism. A review of the text finds no clause creating criminal or civil penalties for non-compliance with the regulation’s requirements. The relevant observations from the instrument are:

• Silence on penalties and enforcement. None of the provisions (ss 1-14) specify monetary penalties, offences, directions, compliance notices or administrative sanctions for failure to comply with notice requirements, meeting procedures, loan permissions, committee establishment rules, reporting duties, or opening-hour determinations.

• Reliance on the Act or other laws. The regulation includes a note in its definitions that “the Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation” (s 3 note). That note indicates that enforcement and legal consequences for conduct may be governed by the principal Act or other applicable statutory or common law provisions, but the regulation itself is silent on those mechanisms.

• Practical enforcement implications. Because the regulation prescribes procedural duties (for example, the Chief Executive “must give the trustees a report” (s 10(2)) and trustees “must be given at least 3 days notice” of meetings (s 6)), the absence of penalty clauses means remedies for non-compliance will likely be founded in remedies available under the Act, judicial review where public law breaches arise, contractual remedies where relevant, or internal governance actions by the trustees or the chief executive’s employing agency. The regulation does not identify which of those routes is appropriate.

• Repeal and transition. The repeal and savings clause preserves extant acts or matters previously valid under the 2017 regulation (s 14(2)). That provision ensures continuity of effect for prior actions but does not create enforcement mechanisms for future compliance.

Because the instrument provides no explicit enforcement framework, parties seeking to apply or enforce the procedural provisions should identify the enforcement mechanisms available under the Museum of Applied Arts and Sciences Act 1945 and other relevant legislation. The regulation itself does not supply those mechanisms; therefore practical compliance and dispute-resolution will depend on the Act, statutory oversight mechanisms, internal governance rules adopted by trustees, and, where relevant, general administrative law principles.

The regulation is a subordinate instrument operating under the principal Museum of Applied Arts and Sciences Act 1945 and within the broader statutory regime that includes the Interpretation Act 1987 and the Subordinate Legislation Act 1989. The regulation’s text identifies these interactions explicitly and leaves scope for interplay with the principal Act:

• Relationship to the Act. The regulation repeatedly references the Act. The definition of President refers to the President “nominated under the Act, section 8(1)” (s 3). The location headings cite the Act’s relevant sections to which procedural rules in the regulation relate (for example, Parts 2 and 3 are titled with references to Act sections such as s 9(1), s 18(1)(b), and s 18(1)(a), indicating the regulation supplies detail for trustee proceedings and administrative arrangements envisaged in those Act provisions). The regulation therefore functions as delegated legislation implementing and detailing matters authorised by the Act. The regulation’s procedural requirements and delegations operate within the ambit of powers and duties conferred by the Act; the Act will determine the outer boundaries of permissible regulation and any higher-level constraints, duties or prohibitions.

• Interpretation Act 1987. The regulation’s definitions section contains an express note that “the Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation” (s 3 note). That means ordinary statutory interpretation rules, time-computation rules, and other interpretative presumptions in the Interpretation Act will apply when construing the regulation’s obligations and powers.

• Subordinate Legislation Act 1989. The commencement note records that the 2017 regulation “would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2)” (s 2 note). That shows the 2024 regulation has been prepared and promulgated to replace the earlier regulation before the automatic repeal date under the Subordinate Legislation Act. The Subordinate Legislation Act thus shapes the lifecycle of the subordinate instrument but no detail of procedural interaction is provided beyond that note.

• Repeal and savings. The regulation repeals the 2017 regulation (s 14(1)) and saves “an act, matter or thing” that had effect under the 2017 regulation so it continues to have effect under the 2024 instrument (s 14(2)). This ensures legal continuity for transactions, delegations, permissions or policies put in place under the prior regulation until the trustees or Chief Executive revise them under this regulation or the Act.

• Absence of cross-references to other specific statutes or regulatory regimes. The regulation does not reference, for example, heritage laws, Aboriginal heritage protection, cultural property laws, privacy, or employment statutes. Where such matters are relevant to the Museum’s operations, they are not addressed in this instrument and must be managed under the relevant primary laws or internal policies.

• Delegation and administrative law. The regulation confers procedural discretions,such as the Chief Executive’s authority to permit outgoing loans and accept incoming loans (ss 11-12), and trustees’ discretion to determine opening days and times (s 13). Those discretions will be exercised in a legal environment shaped by the Act, general administrative law duties (which are not set out here), and any internal policies or guidelines adopted by trustees.

In short, the regulation is expressly subordinate to and operationally linked to the Act and the Interpretation Act, and its timing and lifecycle are framed by the Subordinate Legislation Act. It replaces and saves prior arrangements under the 2017 regulation (s 14) and leaves detailed regulatory obligations, enforcement mechanisms and any intersection with other statutory regimes to the Act or other applicable law.

The instrument itself records a very limited amendment and replacement history. The relevant points stated in the text are:

• Repeal and replacement of the 2017 regulation. The 2024 regulation expressly repeals the Museum of Applied Arts and Sciences Regulation 2017 (s 14(1)). The commencement note similarly states that the 2024 regulation “repeals and replaces the Museum of Applied Arts and Sciences Regulation 2017” (s 2 note).

• Transitional preservation of existing effect. The regulation provides a savings clause ensuring continuity: “An act, matter or thing that, immediately before the repeal of the Museum of Applied Arts and Sciences Regulation 2017, had effect under that regulation continues to have effect under this regulation” (s 14(2)). This is the only transitional or savings mechanism contained in the instrument.

• Commencement timing. The regulation commences “on the day on which it is published on the NSW legislation website” (s 2). The commencement note adds contextual information that the 2017 instrument would otherwise have been repealed on 1 September 2024 under the Subordinate Legislation Act 1989, s 10(2) had it not been replaced (s 2 note).

• Lack of prior amendments or version history within the instrument. The text contains no schedule listing prior or subsequent amendments to the 2024 regulation itself. The only historical information recorded is the repeal of the 2017 regulation and the saving of acts and matters under that prior instrument (s 14).

• No in-text change-tracking or amendment dates beyond commencement. The regulation does not include amendment dates, clause-by-clause amendment notes, or a chronology of previous amendments because it is presented as a replacement instrument with an express repeal of the predecessor.

Accordingly, from the instrument’s own text the amendment history is a single-step replacement: the 2024 regulation replaces the 2017 regulation and preserves existing effects under the 2017 instrument through a savings clause. The commencement is immediate upon publication on the NSW legislation website (s 2; s 14).

The regulation does not record any litigation history, references to cases, or legal precedents. The text contains no citations to judicial decisions and names no cases. There are no clauses that reference prior litigation, settlements, determinations or disputes resolved under the 2017 regulation or the 2024 regulation. The only legal cross-references are to the Museum of Applied Arts and Sciences Act 1945, the Interpretation Act 1987, and the Subordinate Legislation Act 1989 in relation to commencement and interpretative effect (s 3 note; s 2 note).

Practical implications from this silence are:

• No instrument-specific case law is available within the regulation to guide interpretation. Any judicial consideration of these provisions would first need to be undertaken and reported elsewhere; the regulation itself is silent on litigation history.

• Where disputes arise about the operation of provisions in this regulation , for example, the Chief Executive’s obligation to report to trustees (s 10(2)), the requirement for permission for outgoing loans (s 11(1)-(2)), or the trustees’ power to determine opening times (s 13) , parties should expect resolution paths to be founded on the principal Act, administrative law principles, internal governance arrangements, or general civil remedies rather than on precedent embedded in this instrument.

• The absence of recorded litigation does not mean the regulation is immune from legal challenge; it simply means the instrument contains no annotated history of litigation. Any enforcement or interpretation disputes will proceed through the usual legal channels, subject to the Act and relevant procedural law.

Because no cases are named or cited, the regulation provides no litigation-specific guidance; practitioners should rely on the Act, related statutory instruments and broader administrative law doctrine when advising or litigating under these provisions.

The regulation is short and intentionally minimalist. Its brevity creates several practical pitfalls or “gotchas” that trustees, the Chief Executive, and third parties should note because the instrument leaves material matters unspecified or vests substantial discretion without procedural detail. All page and clause references are to the regulation text.

• Notice content and timing is minimal but mandatory (s 6). The regulation requires at least three days’ notice of the day, time and place of meetings and the business proposed. It does not specify whether the three days are business days or calendar days, nor does it specify when notice is taken to be given. The Interpretation Act 1987 will supply interpretative rules, but the regulation itself is silent (s 3 note). Practitioners should not assume operational detail beyond the three-day minimum.

• Fifteen-minute adjournment threshold and quorum ambiguity (s 7). The regulation provides that if the quorum is not present within 15 minutes after the meeting time, the meeting must be adjourned to a day determined by the trustee(s) present (s 7(1)). If no trustees are present within 15 minutes, the business stands adjourned until the next meeting (s 7(2)). The instrument does not specify the quorum number or how quorum is to be calculated. That omission leaves an important variable unstated; the quorum figure may be in the Act or in trustee rules, but the regulation itself does not supply it.

• Chief Executive’s attendance and speaking rights but silence on voting (s 8). The Chief Executive “may attend an ordinary meeting or special meeting, and be heard on a matter before the meeting” (s 8). The regulation does not state whether the Chief Executive may vote. Where voting rights or procedural treatment of the Chief Executive are material to outcomes, the silence requires reference to the Act or internal governance rules.

• Concentration of loan decision-making in the Chief Executive, without prescribed criteria or process (ss 11-12). Outgoing loans require the Chief Executive’s permission; incoming loans may be accepted by the Chief Executive. The regulation does not specify considerations, required approvals, insurance, security, conservation standards, written agreement requirements, loan periods or reporting of loans. That concentration of discretion may generate operational risk or inconsistent outcomes unless trustees or the Chief Executive adopt explicit, documented policies.

• Committees include the President and Chief Executive ex officio (s 9(2)). The regulation makes the President and Chief Executive automatic members of committees established under s 9, but it does not limit the number of additional members, nor does it prescribe conflict-of-interest rules for committee membership. The absence of rules on conflicts of interest, guest members, or independent external expert participation creates potential governance gaps.

• Trustees’ power to determine opening hours is broad (s 13). The trustees may set days and times for public admission, but the regulation does not require minimum hours, consultation with stakeholders, or notice to the public of hours. That leaves operational choices , potentially affecting revenue, access and staff rostering , to trustees’ discretion alone.

• No prescribed form for reports required of the Chief Executive (s 10(2)-(3)). The Chief Executive “must give the trustees a report” on administration, management and services, and trustees “may determine when” those reports must be provided (s 10(2)-(3)). The regulation does not prescribe report content, frequency, or distribution, allowing trustees to set those dimensions, but also leaving potential for inconsistency or ambiguity.

• Absence of enforcement and sanctions (see “Penalties and enforcement” above). The regulation lacks express enforcement provisions. Non-compliance remedies or responses will not be found in the instrument itself; parties must look elsewhere for enforcement mechanisms.

• Transitional continuity but potential legacy ambiguity (s 14(2)). The savings clause preserves acts, matters or things that had effect under the 2017 regulation. That preserves continuity, but may also preserve procedures or permissions that no longer align with trustee preferences under the 2024 regulation. Trustees should audit existing permissions and arrangements preserved by the savings clause to ensure they still reflect current governance intent.

• Potential for differing interpretations about “permission” and “accept” (ss 11-12). The regulation uses the terms “permits” and “may accept” without defining either conceptually. Practitioners should not assume identical legal meaning; the lack of operational definitions introduces interpretative risk in disputes about the scope or revocability of permissions or acceptances.

In short, the instrument’s minimalism gives rise to operational ambiguity on quorum, voting rights, loan procedures, reporting form and timing, conflict-of-interest handling, enforcement, and the practical mechanics of committee operations. Those are not flaws per se, but they are risks trustees and administrators must address through policies, reference to the Act, or governance instruments.

The regulation sets a small number of concrete requirements. Below is a practical compliance checklist tied to the textual provisions, together with suggested administrative practices to address gaps the instrument leaves open. The checklist confines required actions to the regulation’s text and identifies actions advisable because the regulation is silent on procedural detail.

Meeting calling, notice and adjournment (ss 4-7)

• Ordinary meetings: ensure ordinary meetings are called by the President or, if a trustee calls one, obtain the President’s agreement before issuing notice (s 4).
• Special meetings: accept special meeting requests from the President, from at least three trustees, or from the Chief Executive, and put in place a process to record and action such requests (s 5).
• Notice: provide trustees with at least three days’ notice of the day, time, place and the business proposed to be considered at ordinary, special and adjourned meetings (s 6). Because the regulation does not specify calendar or business days, apply the Interpretation Act 1987 rules for computing days or specify in trustee procedures whether the three days are calendar days to avoid dispute (s 3 note).
• Adjournment: if quorum is not present within 15 minutes of the meeting start time, adjourn the meeting to a day determined by trustee(s) present (s 7(1)). If no trustees arrive within 15 minutes, note that the business stands adjourned to the next meeting (s 7(2)). Because the regulation does not define quorum, ensure the trustees’ rules or the Act specify the quorum figure in advance.

Chief Executive reporting and attendance (ss 8-10)

• Reporting: ensure the Chief Executive prepares and provides reports to the trustees on the administration, management and services of the Museum (s 10(2)). Trustees should determine and record when reports are required (s 10(3)). Even though the regulation does not prescribe format, trustees should adopt a reporting template and schedule to satisfy the reporting obligation and to create an audit trail.
• Meeting attendance: permit the Chief Executive to attend ordinary and special meetings and provide the Chief Executive with opportunities to be heard on matters before the meeting (s 8). Clarify whether the Chief Executive has voting rights in trustee or committee meetings by referencing the Act or trustee rules; the regulation is silent on voting rights.

Committees (s 9)

• Establishment and terms of reference: when forming committees, record the committee’s terms of reference in writing and document the scope of responsibility (s 9(1)(b)). Appoint chairs from committee members in writing (s 9(1)(c)).
• Ex officio membership: note that the President and the Chief Executive are members by virtue of office, and document how that membership interacts with any external or independent membership to avoid conflicts (s 9(2)).
• Chairing and presiding: ensure committee procedures reflect the presiding order: President may preside; otherwise the appointed chair must preside; if they are absent, the members present appoint a presiding member (ss 9(3)-(4)).

Loans regime (ss 11-12)

• Outgoing loans: do not loan exhibits or specimens unless the Chief Executive has given permission in accordance with s 11(1)-(2). Because the regulation does not specify the form of permission, record permissions in writing, retain copies of loan agreements, and document conditions (insurance, duration, conservation requirements, transport arrangements) even though the regulation does not mandate them.
• Incoming loans: the Chief Executive may accept items on loan under s 12. Record all incoming loan acceptances in writing, specifying conditions and responsibilities. Although the regulation permits acceptance, it does not set acceptance criteria; prepare internal acceptance policies that address provenance, conservation, insurance and legal title issues consistent with the Act.

Opening hours and public admission (s 13)

• Trustees must determine opening days and times. Trustees should adopt a formal resolution or policy that records opening hours, publication of hours to the public, and any seasonal or special-hours arrangements (s 13).

Record-keeping and continuity (s 14)

• Repeal and savings: review arrangements that were in effect under the 2017 regulation and maintain records of acts, permissions and contracts preserved by s 14(2). Where existing permissions or arrangements were granted under the 2017 regulation, document whether those arrangements continue or require renegotiation under policies adopted pursuant to this regulation.

Risk management and governance gaps

• Address governance gaps in procedural areas the regulation does not cover: quorum definition, voting rights, conflict-of-interest policies, minutes and record-keeping, loan criteria, insurance and indemnity, public notification, and the format and cadence of Chief Executive reports. Adopt written trustee rules or policies consistent with the Act and document them.
• Because the regulation contains no penalty or enforcement provisions, ensure internal compliance systems and remedial procedures are in place to manage non-compliance and disputes.

Practical administrative checklist

1. Adopt written trustee standing orders or rules that specify quorum, voting procedures, minutes requirements, and conflict-of-interest handling, referencing the Act where necessary.
2. Create templates for meeting notices that comply with the s 6 minimum: day, time, place, and business; specify whether the three-day minimum is calendar or business days in the standing orders.
3. Publish and maintain a register of outgoing and incoming loans with Chief Executive permissions or acceptances recorded in writing and linked to loan agreements.
4. Adopt a reporting schedule and template for the Chief Executive’s reports, and have trustees record the determination of report timing in a formal resolution (s 10(3)).
5. Draft committee terms of reference when committees are established and maintain records of membership and chair appointments in the minutes.
6. Review and confirm which acts, permissions or instruments continue in force under s 14(2) and, where appropriate, re-authorise or update them under the 2024 regulation’s governance framework.

Following these steps will align day-to-day practice with the regulation’s text while addressing areas of silence through trustee-level governance consistent with the Act and ordinary administrative practice.