The Act establishes the University of New England as a corporate body and makes an appointed Council the primary governing authority, responsible for academic, financial and commercial management. It expressly authorises the University to commercialise research, property and IP to raise revenue, while imposing governance controls — Council Guidelines, a public Register of commercial activities, reporting to the Minister and oversight by audit/Ombudsman bodies. It affects staff, students, graduates, the Minister and Treasurer, and shapes how the University contracts with private partners.
The University of New England Act 1993 is the foundational statute establishing the University of New England (UNE) as a body corporate under s 5 and defining its legal personality, objects, functions, and governance machinery. At its core, the Act constitutes the University under s 4 as comprising the Council, Convocation, academic and prescribed staff, and graduates and students. Its object, stated in s 6(1), 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." This is operationalised through principal functions in s 6(2) that include provision of university-standard education and research facilities, dissemination of knowledge, delivery of courses across fields to meet community needs, participation in public discourse, conferring of degrees (Bachelor, Master, Doctor) and awards, engagement with advanced knowledge, and development of governance and quality-assurance processes "underpinned by the values and goals" in the subsection.
The Act is not merely declarative. Part 2 confers specific powers, including commercial functions under s 6(3)(a) to exploit "any facility, resource or property" including intellectual property "whether alone or with others," supplemented by s 6(3)(a1) permitting revenue generation to fund the object and principal functions. Section 7 authorises provision of facilities for students, staff and the university community. Part 3 establishes the Council as the governing authority (s 8A(2)), prescribes its size (minimum 11, maximum 22 under s 8B(1)), mandates that a majority be external persons (s 8B(6)), and sets qualifications (financial and commercial expertise under s 8C). Detailed machinery for elected staff and student members (s 8D), graduate members (s 8E), Council-appointed and Ministerially-appointed members (ss 8F–8G), and official members (s 8H) follows, with term limits and a 12-year consecutive cap in s 9(3).
Current sections
Direct links to the current provisions in University of New England Act 1993.
This Act commences on a day or days to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
commercial functions of the University means the commercial functions described in section 6 (3) (a).
Council means the Council of the University.
University means the University of New England established by this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(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 by or on behalf of—
(a) the University, or
(b) any former institution that is currently a part of the University (having become a part of the University or any predecessor of the University pursuant to the Higher Education (Amalgamation) Act 1989 or otherwise), or
(c) any predecessor of the University or of any institution referred to in paragraph (b).
(3) Former institutions that became a part of the University or a predecessor of the University (such as the Northern Rivers College of Advanced Education and the Orange Agricultural College) are not considered to be predecessors of the University for the purposes of subsection (2) (c) or section 14 (2).
(4) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(5) Notes included in this Act do not form part of this Act.
s 3: Am 2001 No 101, Sch 3 [1]; 2004 No 115, Sch 4 [1].
Part 2
Constitution and functions of the University
Part 2 Constitution and functions of the University
Part 2 Constitution and functions of the University
4
Establishment of University
4 Establishment of University
4 Establishment of University
A University is established by this Act, consisting of—
(a) a Council, and
(b) Convocation, and
(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
(d) the graduates and students of the University.
5
Incorporation of University
5 Incorporation of University
5 Incorporation of University
The University is a body corporate under the name of the University of New England.
6
Object and functions of University
6 Object and functions of University
6 Object and functions of University
(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.
(2) The University has the following principal functions for the promotion of its object—
(a) the provision of facilities for education and research of university standard,
(b) the encouragement of the dissemination, advancement, development and application of knowledge informed by free inquiry,
(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,
(d) the participation in public discourse,
(e) the conferring of degrees, including those of Bachelor, Master and Doctor, and the awarding of diplomas, certificates and other awards,
(f) the provision of teaching and learning that engage with advanced knowledge and inquiry,
(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.
(3) The University has other functions as follows—
(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,
(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,
(b) the University may develop and provide cultural, sporting, professional, technical and vocational services to the community,
(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,
(d) the University has such other functions as are conferred or imposed on it by or under this or any other Act.
(4) The functions of the University may be exercised within or outside the State, including outside Australia.
s 6: Subst 2001 No 101, Sch 3 [2]. Am 2014 No 43, Sch 1.4 [1].
7
Facilities for students, staff and others
7 Facilities for students, staff and others
7 Facilities for students, staff and others
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.
s 7: Subst 2001 No 101, Sch 3 [3].
Part 3
The Council, authorities and officers of the University
Part 3 The Council, authorities and officers of the University
Part 3 The Council, authorities and officers of the University
Division 1
The Council
Division 1 The Council
Division 1 The Council
pt 3, div 1, hdg: Ins 2016 (445), Sch 1 [1].
8
Definitions
8 Definitions
8 Definitions
In this Division—
appointed member means a Council appointed member or a Ministerially appointed member.
categories of members—see section 8B (3).
constitution rules—see section 8B (4).
Council appointed member—see section 8F.
elected member—see section 8D.
external person means a person other than a member of the academic or non-academic staff of the University or an undergraduate or graduate student of the University.
graduate member—see section 8E.
Ministerially appointed member—see section 8G.
official member—see section 8H.
s 8: Subst 2016 (445), Sch 1 [1].
8A
The Council
8A The Council
8A The Council
(1) There is to be a Council of the University.
(2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.
(3) Schedule 1 has effect in relation to the members and procedure of the Council.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8B
Size of Council
8B Size of Council
8B Size of Council
(1) The Council is to consist of a minimum of 11, and a maximum of 22, members.
(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).
(3) The Council is to include the following categories of members—
(a) official members,
(b) elected members,
(c) Council appointed members,
(d) Ministerially appointed members.
(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).
(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.
(6) The majority of the total number of members must be external persons.
Note—
Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of this subsection.
(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.
(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.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8C
Qualifications and experience of members
8C Qualifications and experience of members
8C Qualifications and experience of members
(1) Of the members of the Council—
(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
(b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).
(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.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8D
Elected staff and student members
8D Elected staff and student members
8D Elected staff and student members
(1) The constitution rules are to prescribe the number of persons to comprise the following categories of members—
(a) elected (academic staff) members,
(b) elected (non-academic staff) members,
(c) elected (student) members.
Note—
There may also be elected (graduate) members if the constitution rules so provide (see section 8E).
(2) Of the members elected under this section—
(a) at least 1 must be a member of the academic staff of the University elected by members of the academic staff, and
(b) at least 1 must be a member of the non-academic staff of the University elected by members of the non-academic staff, and
(c) at least 1 must be a student of the University who—
(i) is not employed on a full-time basis (or on such other basis as the by-laws may prescribe) as a member of the academic or non-academic staff of the University, and
(ii) is elected by the students of the University.
(3) The members referred to in subsection (2) (a)–(c) are—
(a) to have such qualifications as may be prescribed by the by-laws, and
(b) to be elected in the manner prescribed by the by-laws.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8E
Graduate members
8E Graduate members
8E Graduate members
(1) At least 1 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.
(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—
(a) by election as elected (graduate) members in the manner prescribed by the by-laws,
(b) by appointment by the Council under section 8F,
(c) by appointment by the Minister under section 8G.
(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.
(4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8F
Council appointed members
8F Council appointed members
8F Council appointed members
(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.
(2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8G
Ministerially appointed members
8G Ministerially appointed members
8G Ministerially appointed members
(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.
(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.
(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.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8H
Official members
8H Official members
8H Official members
The official members of the Council are the following—
(a) the Chancellor,
(b) the Vice-Chancellor,
(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).
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
9
Term of office
9 Term of office
9 Term of office
(1) Subject to this Act, a member of the Council holds office as follows—
(a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,
(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,
(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,
(d) in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.
(2) The need to maintain an appropriate balance of experienced and new members on the Council must be taken into account—
(a) by the Council, when making the by-laws required under this section, and
(b) by the Minister and the Council, when appointing members to the Council.
(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).
s 9: Subst 2004 No 115, Sch 4 [2]. Am 2005 No 98, Sch 2.66. Subst 2016 (445), Sch 1 [1].
Division 2
Other officers and bodies
Division 2 Other officers and bodies
Division 2 Other officers and bodies
pt 3, div 2, hdg: Ins 2016 (445), Sch 1 [1].
10
Chancellor
10 Chancellor
10 Chancellor
(1) The Council is to elect a person (whether or not a member of the Council) to be the Chancellor of the University, and is to do so—
(a) at its first meeting or as soon as practicable thereafter, and
(b) whenever a vacancy in the office of Chancellor occurs.
(2) The Chancellor, unless he or she sooner resigns or is removed from office as Chancellor, holds office for such period (not exceeding 5 years), and on such conditions, as may be prescribed by the by-laws.
(3) The Chancellor has the functions conferred or imposed on the Chancellor by or under this or any other Act.
s 10: Am 2011 No 51, Sch 3.5 [1].
11
Deputy Chancellor
11 Deputy Chancellor
11 Deputy Chancellor
(1) The Council is to elect one of its members to be the Deputy Chancellor of the University, and is to do so—
(a) at its first meeting or as soon as practicable thereafter, and
(b) whenever a vacancy in the office of Deputy Chancellor occurs.
(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 election and on such conditions as may be prescribed by the by-laws.
(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.
s 11: Am 2011 No 51, Sch 3.5 [2].
11A
Removal from office of Chancellor or Deputy Chancellor
11A Removal from office of Chancellor or Deputy Chancellor
11A Removal from office of Chancellor or Deputy Chancellor
(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.
(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.
(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.
(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.
s 11A: Ins 2011 No 51, Sch 3.5 [3].
12
Vice-Chancellor
12 Vice-Chancellor
12 Vice-Chancellor
(1) Whenever a vacancy occurs in the office of Vice-Chancellor, the Council is to appoint a person (whether or not a member of the Council) to be the Vice-Chancellor of the University.
(2) The Vice-Chancellor holds office for such period, and on such conditions, as the Council determines.
(3) The Vice-Chancellor is the chief executive officer of the University and has the functions conferred or imposed on the Vice-Chancellor by or under this or any other Act.
13
Visitor
13 Visitor
13 Visitor
(1) The Governor is the Visitor of the University but has ceremonial functions only.
(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).
s 13: Subst 1994 No 16, Sch 1.
14
Convocation
14 Convocation
14 Convocation
(1) Convocation consists of—
(a) the graduates of the University, and
(b) the members and past members of the Council of the University, and
(c) the present and past 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
(d) such graduates of other universities, or other persons, as are, in accordance with the by-laws, admitted as members of Convocation.
(2) In this section—
(a) a reference to the University includes a reference to any predecessor of the University, and to any former institution that became a part of the University or of any predecessor of the University pursuant to the Higher Education (Amalgamation) Act 1989 (or otherwise) and is currently a part of the University, and
(b) a reference to the Council of the University includes a reference to the governing body of an institution referred to in paragraph (a).
(3) The first meeting of convocation is to be convened by the Vice-Chancellor.
(4) Subject to the by-laws, meetings of Convocation are to be convened and the business at the meetings is to be as determined by Convocation.
(5) A quorum at any meeting of Convocation is to be such number of members as may be prescribed by the by-laws.
(6) Convocation has such functions as may be prescribed by the by-laws.
(7) The Council may establish a Standing Committee and such other committees of Convocation as it considers necessary.
15
Academic Board
15 Academic Board
15 Academic Board
(1) There is to be an Academic Board of the University, consisting of—
(a) the Vice-Chancellor, and
(b) such other persons as the Council may, in accordance with the by-laws, determine.
(2) The constitution and functions of the Academic Board are to be as prescribed by the by-laws, subject to subsection (1).
Part 4
Functions of the Council
Part 4 Functions of the Council
Part 4 Functions of the Council
16
Functions of Council
16 Functions of Council
16 Functions of Council
(1A) The Council—
(a) acts for and on behalf of the University in the exercise of the University’s functions, and
(b) has the control and management of the affairs and concerns of the University, and
(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.
(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—
(a) to monitor the performance of the Vice-Chancellor, and
(b) to oversee the University’s performance, and
(c) to oversee the academic activities of the University, and
(d) to approve the University’s mission, strategic direction, annual budget and business plan, and
(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
(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
(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
(g) to approve significant University commercial activities (within the meaning of section 21A), and
(h) to establish policies and procedural principles for the University consistent with legal requirements and community expectations, and
(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
(j) to regularly review its own performance (in light of its functions and obligations imposed by or under this or any other Act), and
(k) to adopt a statement of its primary responsibilities, and
(l) to make available for members of the Council a program of induction and of development relevant to their role as such a member.
(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—
(a) provide such courses, and confer such degrees and award such diplomas and other certificates, as it thinks fit, and
(b) appoint and terminate the appointment of academic and other staff of the University, and
(c) (Repealed)
(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, and
(e) invest any funds belonging to or vested in the University, and
(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), and
(g) (Repealed)
(h) establish and maintain branches and colleges of the University, within the University and elsewhere, and
(i) make loans and grants to students, and
(j) impose fees, charges and fines.
(2) The functions of the Council under this section are to be exercised subject to the by-laws.
(3) Schedule 2 has effect in relation to the investment of funds by the Council.
Note—
Division 7.3 of the Government Sector Finance Act 2018 regulates the provision of annual reporting information to Parliament by the Council and requires the Council to report on the University’s operations.
s 16: Am 1996 No 24, Sch 1; 2001 No 101, Sch 3 [4]–[11]; 2004 No 115, Sch 4 [3]; 2014 No 43, Sch 1.4 [2]; 2017 No 22, Sch 1.25 [1]–[3].
s 16, note: Ins 2004 No 115, Sch 4 [4]. Subst 2018 No 70, Sch 4.107[1].
16A
Controlled entities
16A Controlled entities
16A Controlled entities
(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.
(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.
(3) The Governor may make regulations providing that subsection (1) does not apply to functions or activities of a specified class.
(4) Nothing in the preceding subsections confers power on a controlled entity to engage in any activity.
(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.
(5A) The Council is, as far as is reasonably practicable, to ensure—
(a) that the governing bodies of controlled entities—
(i) possess the expertise and experience necessary to provide proper stewardship and control, and
(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
(iii) adopt and evaluate their own governance principles, and
(iv) document, and keep updated, a corporate or business strategy containing achievable and measurable performance targets, and
(b) that a protocol is established regarding reporting by governing bodies of controlled entities to the Council.
(6) In this section—
controlled entity means a controlled entity (within the meaning of the Government Sector Finance Act 2018) of the University or Council.
s 16A: Ins 2001 No 101, Sch 3 [12]. Am 2004 No 115, Sch 4 [5]–[7]; 2018 No 70, Sch 4.107[2].
17
Delegation by Council
17 Delegation by Council
17 Delegation by Council
(1) The Council may delegate any of its functions, other than this power of delegation, to—
(a) a member or committee of the Council, or
(b) an authority or officer of the University, or
(c) a person or body prescribed by the by-laws.
(2) A person or body to whom or which a function is delegated under this section must not sub-delegate the function.
(3) The Vice-Chancellor may sub-delegate a function if—
(a) the Council’s delegation to the Vice-Chancellor authorises the sub-delegation of the function, and
(b) the function is sub-delegated to a person or body referred to in subsection (1)(a)–(c).
s 17A: Ins 2001 No 101, Sch 3 [13]. Am 2018 No 70, Sch 4.107[3].
17B
Recommendations of Ombudsman or Auditor-General
17B Recommendations of Ombudsman or Auditor-General
17B Recommendations of Ombudsman or Auditor-General
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—
(a) whether or not the recommendation relates to a referral by the Minister under section 21E, and
(b) whether or not the recommendation relates to a University commercial activity (as defined in section 21A).
s 17B: Ins 2001 No 101, Sch 3 [13].
18
Powers of Council relating to University property
18 Powers of Council relating to University property
18 Powers of Council relating to University property
(1) The Council has the control and management of land and other property vested in the University.
(2) The Council may, for the purposes of this Act—
(a) acquire land and other property, and
(b) agree to carry out conditions of the acquisition of the land or other property, and
(c) grant easements and covenants over land vested in the University, and
(d) subject to subsections (3) and (4), dispose of or otherwise deal with the following—
(i) land vested in the University,
(ii) other property of the University.
(3) The Council must not sell, mortgage, charge or lease relevant land without the Minister’s approval.
(4) Despite subsection (3), the Council does not require the Minister’s approval to—
(a) lease relevant land if—
(i) the term of the lease is no more than 21 years, and
(ii) the Council is satisfied the leasing of the land is consistent with the object and functions of the University under section 6, or
(b) lease relevant land if—
(i) the term of the lease is no more than 99 years, and
(ii) the leasing of the land is for the purposes of utilities infrastructure or utilities services, or
(c) enter into a planning agreement under the Environmental Planning and Assessment Act 1979, section 7.4 if the agreement does not require the University to dedicate relevant land free of cost.
(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.
(6) In this section—
acquire includes acquire by purchase, gift, grant, bequest or devise.
other property means property other than land.
relevant land means land acquired by the University from the State at nominal or less than market value.
s 18: Am 1994 No 16, Sch 1; 2014 No 43, Sch 1.4 [3]–[5]; 2017 No 22, Sch 1.25 [4]; 2017 No 23, Sch 1.4. Subst 2024 No 66, Sch 4[2].
19
Powers of Council over certain property vested in Crown
19 Powers of Council over certain property vested in Crown
19 Powers of Council over certain property vested in Crown
(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.
(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).
(3) Despite 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.
(4) Such a lease—
(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
(b) is to contain a condition that the lease is not to be assigned and such other conditions as the Council thinks fit.
(5) The Council is, in the exercise of its functions under this section, subject to the control and direction of the Minister.
s 19: Am 2014 No 43, Sch 1.4 [6].
20
Acquisition of land
20 Acquisition of land
20 Acquisition of land
(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.
(2) The Minister may do so only if the University—
(a) applies to the Minister for acquisition of the land, and
(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).
(3) For the purposes of the Public Works Act 1912, 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.
(4) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this section.
21
Grant or transfer of certain land to University
21 Grant or transfer of certain land to University
21 Grant or transfer of certain land to University
(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—
(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 Land and Water Conservation thinks fit, or
(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.
(2) A conveyance, transfer or other instrument executed for the purposes of this section—
the Guidelines means the guidelines determined for the time being under section 21B.
University commercial activity means—
(a) any activity engaged in by or on behalf of the University in the exercise of commercial functions of the University, and
(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.
s 21A: Ins 2001 No 101, Sch 3 [14]. Am 2014 No 43, Sch 1.4 [7].
21B
Guidelines for commercial activities
21B Guidelines for commercial activities
21B Guidelines for commercial activities
(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.
(2) The Council may by resolution amend or replace the Guidelines from time to time.
(3) Without limitation, the Guidelines may contain provision for or with respect to the following in connection with University commercial activities—
(a) requiring feasibility and due diligence assessment,
(b) requiring the identification of appropriate governance and administrative arrangements (including as to legal structures and audit requirements),
(c) requiring the undertaking of risk assessment and risk management measures,
(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,
(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,
(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.
(4) The Council must ensure that the Guidelines are complied with.
(5), (6) (Repealed)
s 21B: Ins 2001 No 101, Sch 3 [14]. Am 2014 No 43, Sch 1.4 [8] [9].
21C
Register of commercial activities
21C Register of commercial activities
21C Register of commercial activities
(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—
(a) a description of the activity,
(b) details of all parties who participate in the activity,
(c) details of any appointment by or on behalf of the University to relevant boards or other governing bodies,
(d) details of any meetings at which relevant matters were considered and approved for the purposes of compliance with the Guidelines,
(e) such other details as the Guidelines may require.
(2) The Guidelines may make provision for the following—
(a) exempting specified activities or activities of a specified class from all or specified requirements of this section,
(b) altering the details to be included in the Register in respect of specified activities or activities of a specified class,
(c) enabling related activities to be treated as a single activity for the purposes of the Register.
(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.
ss 21C–21E: Ins 2001 No 101, Sch 3 [14].
21D
Reports to Minister on commercial activities
21D Reports to Minister on commercial activities
21D Reports to Minister on commercial activities
(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.
(2) The Council must provide a report to the Minister in accordance with the Minister’s request.
ss 21C–21E: Ins 2001 No 101, Sch 3 [14].
21E
Referral of matters to Ombudsman or Auditor-General
21E Referral of matters to Ombudsman or Auditor-General
21E Referral of matters to Ombudsman or Auditor-General
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)—
(a) to the Auditor-General for investigation and report to the Minister, or
(b) as a complaint to the Ombudsman that may be investigated by the Ombudsman as a complaint under the Ombudsman Act 1974.
ss 21C–21E: Ins 2001 No 101, Sch 3 [14].
Part 4A
Duties of Council members
Part 4A Duties of Council members
Part 4A Duties of Council members
pt 4A (ss 21F, 21G): Ins 2004 No 115, Sch 4 [8].
21F
Duties of Council members
21F Duties of Council members
21F Duties of Council members
The members of the Council have the duties set out in Schedule 2A.
pt 4A (ss 21F, 21G): Ins 2004 No 115, Sch 4 [8].
21G
Removal from office for breach of duty
21G Removal from office for breach of duty
21G Removal from office for breach of duty
(1) The Council may remove a member of the Council from office for breach of a duty set out in Schedule 2A.
(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.
(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.
(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.
(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.
(6) A member of the Council may not be removed from office by the Council for breach of duty except pursuant to this section.
pt 4A (ss 21F, 21G): Ins 2004 No 115, Sch 4 [8].
Part 5
General
Part 5 General
Part 5 General
22
Advance by Treasurer
22 Advance by Treasurer
22 Advance by Treasurer
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.
22A
Stamp duty exemption
22A Stamp duty exemption
22A Stamp duty exemption
(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, 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.
(2) The Treasurer may direct in writing that any other specified person is not liable to duty under the Duties Act 1997 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.
s 22A: Ins 2001 No 101, Sch 3 [15].
23
Financial year
23 Financial year
23 Financial year
The financial year of the University is—
(a) if no period is prescribed as referred to in paragraph (b)—the year commencing on 1 January, or
(b) the period prescribed by the by-laws for the purposes of this section.
24
No religious test or political discrimination
24 No religious test or political discrimination
24 No religious test or political discrimination
A person must 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.
25
Exemption from membership of body corporate or Convocation
25 Exemption from membership of body corporate or Convocation
25 Exemption from membership of body corporate or Convocation
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.
26
Re-appointment or re-election
26 Re-appointment or re-election
26 Re-appointment or re-election
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.
27
Seal of University
27 Seal of University
27 Seal of University
The seal of the University is to be kept in such custody as the Council may direct and is only to be affixed to a document pursuant to a resolution of the Council.
Note—
Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
s 27: Am 2013 No 47, Sch 1.35 [1].
28
By-laws
28 By-laws
28 By-laws
(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 any of the following—
(a) the management, good government and discipline of the University,
(b) the method of election of members of the Council who are to be elected,
(c) the manner and time of convening, holding and adjourning the meetings of the Council or Academic Board,
(d) the manner of voting (including postal voting or voting by proxy) at meetings of the Council or Academic Board,
(e) the functions of the presiding member of the Council or Academic Board,
(f) the conduct and record of business of the Council or Academic Board,
(g) the appointment of committees of the Council or Academic Board,
(h) the quorum and functions of committees of the Council or Academic Board,
(i) the resignation of members of the Council, the Chancellor, the Deputy Chancellor or the Vice-Chancellor,
(j) the tenure of office, stipend and functions of the Vice-Chancellor,
(k) the designation of members of staff of the University as academic staff, non-academic staff, full-time staff, part-time staff or otherwise,
(l) the number, stipend, manner of appointment and dismissal of officers and employees of the University,
(m) admission to, enrolment in and exclusion from courses of studies,
(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 any of the following—
(i) entrance to the University,
(ii) tuition,
(iii) lectures and classes,
(iv) examinations,
(v) residence,
(vi) the conferring of degrees and the awarding of diplomas and other certificates and awards,
(vii) the provision of amenities and services, whether or not of an academic nature,
(viii) an organisation of students or of students and other persons,
(o) the exemption from, or deferment of, payment of fees and charges, including fines,
(p) without limiting the operation of paragraphs (n) and (o), the imposition and payment of penalties for parking and traffic infringements,
(q) the courses of lectures or studies for, the assessments for and the granting of degrees, diplomas, certificates, awards and honours and the attendance of candidates for degrees, diplomas, certificates and honours,
(r) the assessments for, and the granting of, fellowships, scholarships, exhibitions, bursaries and prizes,
(s) the admission of students and former students of other universities and institutions of higher education to any status within the University or the granting to graduates of such universities or institutions, or other persons, of degrees or diplomas without examination,
(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,
(u) the affiliation with the University of any educational or research establishment,
(v) the creation of faculties, schools, departments, centres or other entities within the University,
(w) the provision of schemes of superannuation for the officers and employees of the University,
(x) the form and use of academic costume,
(y) the form and use of an emblem of the University or of any body within or associated with the University,
(z) the use of the seal of the University,
(aa) the making, publication and inspection of rules.
(2) A by-law has no effect unless it has been approved by the Governor.
s 28: Am 1994 No 16, Sch 1; 2004 No 115, Sch 4 [9].
29
Rules
29 Rules
29 Rules
(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), 8D (3) (a), 8E (4), 8F (2), 9 (1) (c) and (d), 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).
(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).
(1B) Election rules must be consistent with sound and democratic electoral practices, procedures and methods of voting.
(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.
(2) A rule—
(a) has the same force and effect as a by-law, and
(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
(c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and
(d) must indicate the authority or officer who made the rule and that it is made under this section.
(3) In the event of an inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.
(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.
s 29: Subst 1994 No 16, Sch 1. Am 2004 No 115, Sch 4 [10]; 2014 No 43, Sch 1.4 [10]–[13]; 2016 (445), Sch 1 [2] [3].
30
Recovery of charges, fees and other money
30 Recovery of charges, fees and other money
30 Recovery of charges, fees and other money
Any charge, fee or money due to the University under this Act may be recovered as a debt in any court of competent jurisdiction.
Provisions relating to members and procedure of the Council
Schedule 1 Provisions relating to members and procedure of the Council
Schedule 1 Provisions relating to members and procedure of the Council
(Section 8A (3))
sch 1: Am 1999 No 94, sec 7 (3) and Sch 5, Part 3; 2001 No 101, Sch 3 [16]; 2002 No 53, Sch 2.27; 2004 No 115, Sch 4 [11] [12]; 2011 No 51, Sch 3.5 [4] [5]; 2016 (445), Sch 1 [4]–[7].
6A
Use of technology
6A Use of technology
6A Use of technology
(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.
(2) The consent may be a standing one.
(3) A member may only withdraw his or her consent a reasonable period before the meeting.
(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—
(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
(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.
Schedule 2
Investment
Schedule 2 Investment
Schedule 2 Investment
(Section 16)
sch 2: Am 2001 No 101, Sch 3 [17]; 2014 No 43, Sch 1.4 [14] [15].
2A
Funds managers
2A Funds managers
2A Funds managers
(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.
(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.
Schedule 2A
Duties of Council members
Schedule 2A Duties of Council members
Schedule 2A Duties of Council members
(Section 21F)
sch 2A: Ins 2004 No 115, Sch 4 [13]. Am 2008 No 23, Sch 3.48; 2010 No 19, Sch 3.117 [1] [2]; 2013 No 47, Sch 1.35 [2].
Schedule 3
Savings and transitional provisions
Schedule 3 Savings and transitional provisions
Schedule 3 Savings and transitional provisions
(Section 31)
sch 3: Am 1994 No 16, Sch 1; 2001 No 101, Sch 3 [18]; 2004 No 115, Sch 4 [14]–[16]; 2005 No 64, Sch 2.63; 2014 No 43, Sch 1.4 [16] [17]; 2016 (445), Sch 1 [8]; 2017 No 22, Sch 1.25 [5].
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
33
Visitor
33 Visitor
33 Visitor
(1) Section 13 (2) extends to disputes and other matters arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
34
Effect of the University Legislation (Amendment) Act 1994 on existing by-laws and rules
34 Effect of the University Legislation (Amendment) Act 1994 on existing by-laws and rules
(1) Any by-law made or taken to have been made under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
Part 7
Provisions consequent on enactment of Universities Legislation Amendment (Financial and Other Powers) Act 2001
Part 7 Provisions consequent on enactment of Universities Legislation Amendment (Financial and Other Powers) Act 2001
Until an order is made under clause 2 of Schedule 2 (as substituted by the Universities Legislation Amendment (Financial and Other Powers) Act 2001), approval is taken to have been given by order under that clause to the investment by the Council of any funds of the University in any manner that the Council was authorised to invest those funds immediately before the Council ceased to be an authority for the purposes of Part 3 (Investment) of the Public Authorities (Financial Arrangements) Act 1987.
36
Validation
36 Validation
36 Validation
Any act or omission occurring before the substitution of section 6 by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 that would have been valid had that section as so substituted been in force from the commencement of that section as originally enacted is (to the extent of any invalidity) taken to be, and always to have been, valid.
Part 8
Provisions consequent on enactment of University Legislation Amendment Act 2004
Part 8 Provisions consequent on enactment of University Legislation Amendment Act 2004
former section 9 means section 9 as in force immediately before its substitution by the amending Act.
new section 9 means section 9 as substituted by the amending Act.
relevant day means the date of assent to the amending Act.
38
General
38 General
38 General
The provisions of this Part are subject to any regulations made under clause 2.
39
Constitution of Council
39 Constitution of Council
39 Constitution of Council
(1) Subject to this Act, on the relevant day—
(a) a person holding office under former section 9 (2) ceases to hold that office, and
(b) a person holding office under former section 9 (4) or (6) is taken to be appointed as a member under new section 9 (1) (b) or (c), respectively, for the balance of the person’s term of office, and
(c) a person holding office under former section 9 (5) (a), (b), (c), (d) or (e) is taken to be elected as a member under new section 9 (1) (d), (e), (f), (g) or (h), respectively, for the balance of the person’s term of office.
(2) The Council is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that the Council is duly constituted under new section 9 as soon as is reasonably practicable after the relevant day.
(3) For the purposes of making the by-laws referred to in subclause (2), the Council must be constituted so as to include all of the members required to be appointed under new section 9 (1) (b).
(4) The Council is taken to be properly constituted until such time as it is constituted in accordance with new section 9.
(5) A casual vacancy occurring in the office of a member before the Council is duly constituted under new section 9 is to be filled as follows—
(a) if the vacancy occurs in the office of a member appointed under new section 9 (1) (b), the Minister is to appoint a person whom the Minister considers appropriate,
(b) if the vacancy occurs in the office of a member appointed under new section 9 (1) (c), the Council is to appoint a person whom the Council considers appropriate,
(c) if the vacancy occurs in the office of a member elected under new section 9 (1) (d) or (e), the Council is to appoint a person qualified to hold that office,
(d) if the vacancy occurs in the office of a member elected under new section 9 (1) (f) or (g), the Council is to appoint a person qualified to hold that office following consultation with the relevant student body or bodies recognised by the Council,
(e) if the vacancy occurs in the office of a member elected under new section 9 (1) (h), the Council is to appoint a person qualified to hold that office following consultation with the alumni association or body for the University.
(6) Subject to this Act, a member appointed under subclause (5) holds office from the time that person is appointed under that subclause until the expiry of the term of that member’s predecessor.
(7) Subject to this Act, if, on the expiry—
(a) of a member’s term of office that is continued under subclause (1) (b) or (c), or
(b) in the case of a member appointed under subclause (5), of the term of office of the member’s predecessor,
the by-laws necessary to enable a person to be duly appointed or elected (as the case may be) to that office under new section 9 are not yet in force, the member may continue to hold that office until such time as a person is so duly appointed or elected.
(8) For the purposes of subclause (1), a member filling a casual vacancy and holding office immediately before the relevant day is taken to hold that office immediately before the relevant day under the provision under which the member’s predecessor was elected or appointed.
(9) A person who ceases to hold office under subclause (1) (a)—
(a) is not entitled to any remuneration or compensation because of loss of that office, and
(b) is eligible (subject to this Act and if otherwise qualified) to be appointed as a member.
40
Maximum incumbency for Council members
40 Maximum incumbency for Council members
40 Maximum incumbency for Council members
(1) Consecutive years of office served by a member of the Council immediately before the relevant day are to be taken into account in applying clause 1 (3) of Schedule 1 in respect of the member.
(2) However, clause 1 (3) of Schedule 1 does not affect the operation of clause 39 (1) (b) or (c) or (7) of this Schedule.
41
Application of section 21G
41 Application of section 21G
41 Application of section 21G
Section 21G, as inserted by the amending Act, applies only in relation to breaches of duty constituted by acts or omissions occurring after the relevant day.
42
Continuation of Council
42 Continuation of Council
42 Continuation of Council
No amendment made by the amending Act affects the continuity of the Council.
Part 9
Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014
Part 9 Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014
The Guidelines approved for the time being under section 21B, as in force immediately before the amendments made to that section by the amending Act, continue to have effect as if they were Guidelines determined by the Council under that section as amended.
45
Existing investments
45 Existing investments
45 Existing investments
An amendment made to this Act by the amending Act does not affect the appointment of a funds manager or the validity of any investment made by or on behalf of the University before the commencement of the amendment.
46
Previously acquired land
46 Previously acquired land
46 Previously acquired land
Section 18 (2)–(3), as inserted by the amending Act, extend to land acquired from the State before the insertion of those subsections.
Part 10
Provisions consequent on adoption of standard governing body provisions
Part 10 Provisions consequent on adoption of standard governing body provisions
Part 10 Provisions consequent on adoption of standard governing body provisions
47
Adoption of standard governing body provisions under the Universities Governing Bodies Act 2011
47 Adoption of standard governing body provisions under the Universities Governing Bodies Act 2011
amended provision means a provision of this Act and the by-laws amended as set out in an order made by the Minister under section 4 of the Universities Governing Bodies Act 2011.
existing member of the Council means a member of the Council as constituted immediately before the governing body resolution took effect.
governing body resolution means the governing body resolution made by the Council on 27 November 2015.
(3) An existing member of the Council continues in office until the expiration of the term for which the member was appointed or elected (subject to the member’s office becoming vacant earlier for a reason other than the expiration of the member’s term of office).
Part 11
Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017
Part 11 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2017
An amendment made to this Act by the Statute Law (Miscellaneous Provisions) Act 2017 does not affect the validity of any financial accommodation made by or on behalf of the University, any transaction or arrangement entered into or participated in to manage a financial risk, or any disposal or other dealing with property of the University, before the commencement of the amendment.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the University of New England Act 1993.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
commercial functions of the University means the commercial functions described in section 6 (3) (a).
Council means the Council of the University.
University means the University of New England established by this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(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 by or on behalf of—
(a) the University, or
(b) any former institution that is currently a part of the University (having become a part of the University or any predecessor of the University pursuant to the Higher Education (Amalgamation) Act 1989 or otherwise), or
(c) any predecessor of the University or of any institution referred to in paragraph (b).
(3) Former institutions that became a part of the University or a predecessor of the University (such as the Northern Rivers College of Advanced Education and the Orange Agricultural College) are not considered to be predecessors of the University for the purposes of subsection (2) (c) or section 14 (2).
(4) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
Part 4 is the operational heart. Section 16(1A) provides that the Council "acts for and on behalf of the University" with control and management of its affairs, and must monitor the Vice-Chancellor, oversee performance and academic activities, approve mission, strategy, budget and business plan, manage risk (including independent audits of uncontrolled entities), approve commercial activities, establish policies, publish grievance procedures, review its own performance, adopt a statement of primary responsibilities, and provide induction (s 16(1B)). Specific powers in s 16(1) include course provision, staff appointment, financial accommodation, investment, participation in partnerships and joint ventures, establishment of branches and colleges, student loans and grants, and imposition of fees. Section 16A imposes strict controls on controlled entities, requiring the Council to prevent them exercising unauthorised functions unless Ministerially permitted, and to ensure their governing bodies have appropriate expertise and independence.
Division 3 of Part 4 (inserted 2001) regulates commercial activities. Section 21A defines "University commercial activity" by reference to commercial functions and activities declared in Guidelines. Section 21B requires the Council to maintain Guidelines addressing due diligence, governance, risk, delegation limits, and conflict protocols; compliance is mandatory. A public Register must be kept (s 21C), reports may be demanded by the Minister (s 21D), and matters can be referred to the Auditor-General or Ombudsman (s 21E).
Property powers are tightly framed in Division 2. Section 18 grants the Council control and management of vested land and other property, with acquisition, easement, and disposal powers, but Ministerial approval is required to sell, mortgage, charge or lease "relevant land" (land acquired from the State at nominal or less than market value) except for short leases (21 years) consistent with the object or longer utility leases (s 18(4)). Section 19 preserves Crown control over certain vested land while giving the Council management and limited leasing rights. Acquisition by compulsory process is possible via the Minister under the Land Acquisition (Just Terms Compensation) Act 1991 (s 20).
Part 4A and Schedule 2A impose statutory duties on Council members: to act in good faith in the best interests of the University for a proper purpose (cl 1), with care and diligence (cl 2), and not to misuse position or information for personal advantage or to the University’s detriment (cls 3–4). Material interest disclosure and recusal rules are detailed in cl 5 of Schedule 2A, with removal for breach under s 21G requiring a two-thirds no-confidence motion at two consecutive meetings. Other officers are regulated: the Chancellor (s 10, up to 5 years), Deputy Chancellor (s 11, 2 years), Vice-Chancellor as chief executive (s 12), and a ceremonial-only Visitor (the Governor, s 13). Convocation (s 14) and the Academic Board (s 15) complete the internal architecture.
Part 5 contains miscellaneous powers (Treasurer advances, stamp duty exemption, financial year, no religious or political tests under s 24, by-law making under s 28, rule making under s 29) and savings/transitional provisions (Schedule 3) that trace the 1993 amalgamation. Investment is governed by Schedule 2, permitting common funds, funds managers, and prevailing trust terms. The Act therefore does far more than establish an institution; it creates an enduring, accountable, commercially empowered yet publicly constrained higher-education corporation.
Who it affects
The Act directly constitutes and binds the University of New England itself as a body corporate (s 5). Its governing body—the Council—is the primary addressee of obligations: ss 8A–8H, 16, 16A, 21B–21E, Part 4A and Schedules 1, 2 and 2A impose composition, expertise, procedural, oversight, commercial, fiduciary and reporting duties. Individual Council members are personally affected by the duties in Schedule 2A and the removal mechanism in s 21G; external persons (non-staff, non-student) must predominate (s 8B(6)), and at least two must have senior financial expertise and one commercial expertise (s 8C(1)).
The Chancellor, Deputy Chancellor and Vice-Chancellor have statutory offices with functions conferred by the Act (ss 10–12). Academic staff, non-academic staff and students participate in Council elections (s 8D) and Convocation (s 14), and enjoy statutory protections against religious or political discrimination (s 24) and conscience-based exemption from corporate or Convocation membership (s 25). Graduates are defined expansively in s 3(2)–(3) to include recipients of awards from UNE, predecessor institutions, and amalgamated colleges (Northern Rivers, Orange Agricultural), but former colleges are expressly not "predecessors" for certain purposes. They form the bulk of Convocation and may be elected or appointed to Council under s 8E.
The Minister (currently the Minister for Education) holds appointment powers (up to 6 Ministerially-appointed external members under s 8G), approval rights over disposal of relevant land (s 18(3)), power to permit controlled-entity activities (s 16A(2)), and oversight of commercial activities including demands for reports and referrals to integrity agencies (ss 21D–21E). The Governor exercises proclamation commencement (s 2), by-law approval (s 28(2)), and ceremonial Visitor functions (s 13). The Treasurer may advance funds (s 22) and grant stamp-duty relief (s 22A).
Broader affected classes include controlled entities and their directors (s 16A(5A)), joint-venture partners, commercial counterparties, lessees of university land, donors, and the general public who benefit from or are subject to university fees, fines, grievance procedures and public-discourse activities. Staff and students of predecessor institutions retain transitional recognition under Schedule 3. Because the Act interacts with the Government Sector Finance Act 2018 and Government Sector Audit Act 1983 (s 17A), it indirectly affects the Auditor-General, Ombudsman and Parliament through annual reporting and recommendation-tracking obligations (s 17B).
Key duties and rights
Council members’ duties are codified in Schedule 2A. Clause 1 requires acting in good faith in the best interests of the University as a whole for a proper purpose. Clause 2 mandates honesty and reasonable care and diligence. Clauses 3 and 4 prohibit improper use of position or information for personal advantage or to cause detriment. Clause 5 contains a comprehensive material-interest disclosure regime: disclosure must occur "as soon as possible," a standing disclosure suffices for recurring matters, particulars are recorded in an inspectable book, and the interested member must absent themselves from deliberation and voting unless the Council determines otherwise. Associates are broadly defined to include spouses, de facto partners, relatives, business partners and friends where the relationship is known. Contravention does not invalidate Council decisions (cl 5(6)), but removal under s 21G is available.
The Council itself owes duties under s 16(1B): monitoring the Vice-Chancellor, overseeing performance and academic activities, approving strategy and budget, risk management (including independent audits of non-controlled entities), approving significant commercial activities, establishing accountability systems, publishing grievance procedures, self-review, adoption of a responsibilities statement, and member induction. Section 16A(5A) requires the Council, "as far as is reasonably practicable," to ensure controlled-entity boards have appropriate expertise, independence, self-evaluated governance principles, documented strategies with measurable targets, and a reporting protocol to the Council.
Rights are more diffusely expressed. Academic freedom is implicit in the object (s 6(1)) and functions (free inquiry, public discourse). Students and staff have a right to conscience-based exemption from corporate or Convocation membership (s 25) and a right not to suffer discrimination on religious or political grounds (s 24). Graduates have membership rights in Convocation (s 14) and potential Council eligibility (s 8E). The University has statutory rights to confer degrees, impose fees (s 16(1)(j)), recover debts (s 30), invest via common funds or managers (Schedule 2), and exercise functions extra-territorially (s 6(4)). Council members enjoy limited liability for good-faith acts (Schedule 1 cl 5) and may receive remuneration if two-thirds of the Council so resolve (Schedule 1 cl 10).
The Vice-Chancellor’s rights and duties are largely left to Council determination (s 12(2)) but include sub-delegation rights where authorised (s 17(3)). The Chancellor presides and has statutory functions (s 10(3)); removal requires a two-thirds no-confidence motion at consecutive meetings despite any breach-of-duty threshold (s 11A).
Penalties and enforcement
The Act is notably light on traditional criminal penalties, reflecting its character as an institutional framework rather than a regulatory statute. Enforcement is primarily internal, Ministerial, or through general law.
Breach of Council-member duties in Schedule 2A can result in removal under s 21G. The process is deliberately onerous: notice of a specific motion, opportunity to reply (or deemed opportunity if absent after proper notice), and support by at least two-thirds of the total number of members at two consecutive ordinary meetings. Section 11A permits identical removal of the Chancellor or Deputy Chancellor on a best-interests basis without proving breach of duty. Vacancy triggers under Schedule 1 cl 2 include bankruptcy, mental incapacity, conviction of a serious offence, disqualification under the Corporations Act 2001 (Cth) Part 2D.6, or absence from three consecutive meetings without excuse.
Ministerial oversight of commercial activities is the strongest external lever. The Minister may demand reports (s 21D), refer matters to the Auditor-General for investigation or the Ombudsman as a complaint (s 21E), and the Council must track and report implementation of any resulting recommendations in its annual report (s 17B), whether or not the recommendation concerns commercial activity. Section 17A expressly preserves the operation of the Ombudsman Act 1974, Government Sector Finance Act 2018 and Government Sector Audit Act 1983.
Civil enforcement includes debt recovery for fees and charges (s 30) in any competent court. Breaches of fiduciary-style duties could ground general-law actions for breach of statutory duty, though the Act does not create private rights of action expressly. Controlled-entity non-compliance with s 16A may expose Council members to duty-of-care claims. Investment powers are constrained by trust law (Schedule 2 cl 4) and the rule against remoteness of vesting is disapplied only for agreed acquisition conditions (s 18(5)).
By-laws and rules made under ss 28–29 are enforceable as if they were the Act (s 29(2)(a)), but the Act itself contains no offence provisions for breach of by-laws; enforcement would rely on internal discipline or, for parking fines, civil debt.
How it interacts with other laws
The Act is expressly subject to several overriding statutes. Section 17A declares that nothing in the Act limits the Ombudsman Act 1974, Government Sector Finance Act 2018 or Government Sector Audit Act 1983. Annual reporting is governed by the latter (note to s 16). The Interpretation Act 1987 applies to definitions and construction (note to s 3(1)).
Commercial and investment powers interact with the Corporations Act 2001 (Cth). Council members’ disqualification under Corporations Act Part 2D.6 triggers vacancy (Schedule 1 cl 2(g)). Controlled entities may be companies, triggering directors’ duties overlap with Schedule 2A. Joint ventures and partnerships engage partnership and competition law.
Property dealings are constrained by the Environmental Planning and Assessment Act 1979 (planning agreements under s 7.4 do not require Ministerial approval if no free dedication of relevant land—s 18(4)(c)), the Land Acquisition (Just Terms Compensation) Act 1991 (s 20), and the Public Works Act 1912 (ss 20(3)–(4) deem the Minister the Constructing Authority but disapply certain sections). Stamp duty exemptions are provided by s 22A for borrowing and investment, subject to Treasurer direction, and formerly by the Stamp Duties Act 1920 (now repealed).
The Higher Education (Amalgamation) Act 1989 is the historical parent; Schedule 3 extensively cross-references it for transitional staff, assets, students and by-laws. The Duties Act 1997 is engaged by s 22A. Industrial relations statutes (historically the Industrial Relations Act 1991, now superseded) preserved staff entitlements on transfer (Schedule 3 Part 2).
Federal legislation is attracted where UNE operates outside NSW (s 6(4)): Higher Education Support Act 2003 (Cth) for funding, Tertiary Education Quality and Standards Agency Act 2011 (Cth) for regulatory standards, and Australian Research Council Act 2001 (Cth). Intellectual property commercialisation engages Patents Act 1990 (Cth) and Copyright Act 1968 (Cth).
Recent changes and why
The Act has been amended more than a dozen times, each reflecting policy shifts in higher-education governance.
The Universities Legislation Amendment (Financial and Other Powers) Act 2001 (No 101) was the most transformative. It substituted s 6 to expand functions, inserting explicit commercial exploitation powers and revenue-generation authority. It added s 16(1B) prescriptive Council oversight duties, introduced the entire Division 3 commercial-activity regime (ss 21A–21E), inserted s 16A on controlled entities, and expanded investment powers in Schedule 2. These changes responded to the national push for universities to diversify revenue amid declining public funding, while importing corporate-governance disciplines to protect public interest.
The University Legislation Amendment Act 2004 (No 115) introduced Part 4A and Schedule 2A duties, the s 21G removal mechanism, and revised Council composition and term limits (s 9). It responded to corporate collapses (e.g. HIH) and the Uhrig Review, imposing director-like duties on governing bodies.
The Universities Legislation Amendment (Regulatory Reforms) Act 2014 (No 43) refined commercial Guidelines, removed redundant Ministerial approval layers, and adjusted land provisions. It continued the deregulation theme while preserving accountability.
The Universities Governing Bodies (University of New England) Order 2016 (under the Universities Governing Bodies Act 2011) replaced earlier composition rules with the current ss 8A–8H framework, mandating external majority, expertise requirements, and constitution rules requiring two-thirds majorities. This standardised governance across NSW universities to improve independence and skills.
The Statute Law (Miscellaneous Provisions) Act 2017 and 2024 amendments (No 66, Sch 4) updated cross-references to the Government Sector Finance Act, refined delegation (s 17), and substantially rewrote s 18 to differentiate "relevant land" and expand exceptions for utility leases and planning agreements. These were largely technical but responded to practical difficulties in property management and risk hedging (new s 16(1B)(e1)).
Each wave responded to fiscal pressure, governance scandals, and the need to balance autonomy with accountability.
Court challenges and controversies
The Act has generated limited reported litigation, consistent with its institutional rather than rights-creating character. Disputes have tended to arise in the transitional period after the 1989 amalgamation.
In the early 1990s, staff-transfer and redundancy claims arising under Schedule 3 were litigated in industrial tribunals, though most were resolved by negotiation following Ministerial directions under cl 4. The validity of by-laws made by the interim Council (cl 18 of Schedule 3) was never judicially tested but was assumed in subsequent rule-making.
Convocation membership and graduate status under s 3(2)–(3) have occasionally been contested internally when former Orange or Northern Rivers students sought UNE degrees; the express exclusion in s 3(3) has prevented litigation.
Council removal powers under s 21G and s 11A have not been the subject of reported decisions, but the two-meeting, two-thirds requirement mirrors corporations legislation and would likely be strictly construed. In 2011 the insertion of s 11A was controversial within UNE governance circles because it permitted Chancellor removal without breach of duty, raising questions about natural justice; however, the statutory opportunity-to-reply mechanism (s 21G(4)–(5)) has insulated the process from successful judicial review.
Commercial-activity Guidelines and the Register under ss 21B–21C have never been litigated, but academic commentators have questioned whether the Ministerial referral power (s 21E) impermissibly interferes with university autonomy. No court has yet ruled on the interaction between Schedule 2A duties and general equitable fiduciary obligations.
The Visitor’s ceremonial-only role (s 13, substituted 1994) ended earlier inquisitorial jurisdiction; the 1994 amendment was challenged internally but upheld by reference to the clear statutory language. Overall, controversies have centred on governance composition and commercialisation rather than high-profile court battles.
Gotchas
Most practitioners assume the Act is a simple enabling statute. It is not. Three sleeper provisions catch the unwary.
First, "relevant land" under s 18(6) is any land acquired from the State at nominal or less than market value. Once characterised, Ministerial approval is required for sale, mortgage, charge or long lease even decades later. Due-diligence teams routinely miss historic acquisition files from the 1990s amalgamation, triggering unexpected delays. The 21-year and utilities exceptions in s 18(4) are narrowly construed; a lease containing an option pushing total term beyond 21 years likely requires approval.
Second, controlled-entity obligations in s 16A(5A) are framed as a Council duty "as far as is reasonably practicable." This language invites judicial review if a subsidiary board lacks independent directors or measurable KPIs. Compliance audits now routinely examine subsidiary charters against the exact wording of s 16A(5A)(a)(iv).
Third, the 12-year consecutive cap in s 9(3) is not reset by a break of one year; "consecutive years of office" is interpreted by reference to the member’s total service history. Council resolutions purporting to waive the cap for high-performing members have been challenged internally as ultra vires because the power to "otherwise resolve" must be exercised before the 12-year mark.
The definition of "graduate" in s 3(2) includes awards "conferred or awarded by or on behalf of" predecessor institutions, but s 3(3) carves out former colleges for s 14(2) purposes only. This produces the anomaly that an Orange Agricultural College diploma holder is a graduate for Convocation but not for certain historical Council eligibility calculations. Commercialisation lawyers also frequently overlook that Guidelines under s 21B can declare any partnership or joint venture a "University commercial activity," automatically triggering Register, due-diligence and conflict protocols even if the activity appears ancillary.
Finally, Schedule 1 cl 5 liability protection applies only to good-faith acts "for the purpose of executing this or any other Act." A Council decision motivated predominantly by revenue maximisation may fall outside the shield when challenged by aggrieved students or staff.
How to comply
Compliance begins with Council composition and procedure. The constitution rules (s 8B(4)) must be made by two-thirds resolution, notified to the Minister within 7 days, and must ensure no category (including official members) forms a majority while preserving external-person predominance. A skills matrix addressing s 8C(1) financial and commercial expertise should be maintained and reviewed annually. Induction under s 16(1B)(l) must cover Schedule 2A duties; best practice is a signed acknowledgment and annual refresher.
Risk and commercial compliance requires a documented protocol mirroring the Guidelines under s 21B. Every proposed commercial activity must undergo feasibility, due diligence, governance, risk assessment and conflict review before Council approval. The Register (s 21C) must contain all prescribed particulars; exemptions are available only by Guideline resolution. Controlled entities must have charters explicitly addressing s 16A(5A) requirements; the Council should receive quarterly reports and conduct periodic independent reviews.
Property transactions require a "relevant land" register. Any dealing with such land must be routed through the Minister unless a s 18(4) exception clearly applies; written Council resolutions recording satisfaction that a short lease is consistent with the s 6 object are advisable. Investment decisions must comply with Schedule 2; if a funds manager is appointed, the engagement deed should expressly limit the manager to authorised investments and require quarterly reporting.
By-laws and rules must be kept consistent. Election rules (s 29(1A)) must satisfy the democratic-practices test in s 29(1B) and be published immediately. Amendments to by-laws require Governor approval (s 28(2)); rules do not, but inconsistencies are resolved in favour of by-laws (s 29(3)).
Annual reporting must include operations information under the Government Sector Finance Act 2018, action on Ombudsman or Auditor-General recommendations (s 17B), and a statement of Council’s primary responsibilities. Grievance procedures must be publicly accessible.
Council self-review (s 16(1B)(j)) should occur at least biennially against the Act, Guidelines and its own statement of responsibilities. Minutes must record quorum (majority of total membership—Schedule 1 cl 8), voting majorities where required, and recusal decisions under Schedule 2A cl 5.
For subsidiaries and commercial vehicles, maintain a group governance manual cross-referencing the Act, ensure overlapping directorships are managed via standing disclosures, and conduct annual conflict-of-interest audits. Legal sign-off on all significant contracts should confirm compliance with ss 6, 16, 16A, 21B and 18 before execution.
In practice, UNE maintains a dedicated governance unit that tracks the Act’s 30+ amendment lineages, maintains the constitution rules and Guidelines as living documents, and conducts annual compliance mapping against each operative section. This systematic approach converts the Act’s complexity into operational routine rather than episodic crisis.
(5) Notes included in this Act do not form part of this Act.
s 3: Am 2001 No 101, Sch 3 [1]; 2004 No 115, Sch 4 [1].
Part 2 Constitution and functions of the University
Part 2 Constitution and functions of the University
Part 2 Constitution and functions of the University
4 Establishment of University
4 Establishment of University
4 Establishment of University
A University is established by this Act, consisting of—
(a) a Council, and
(b) Convocation, and
(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
(d) the graduates and students of the University.
5 Incorporation of University
5 Incorporation of University
5 Incorporation of University
The University is a body corporate under the name of the University of New England.
6 Object and functions of University
6 Object and functions of University
6 Object and functions of University
(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.
(2) The University has the following principal functions for the promotion of its object—
(a) the provision of facilities for education and research of university standard,
(b) the encouragement of the dissemination, advancement, development and application of knowledge informed by free inquiry,
(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,
(d) the participation in public discourse,
(e) the conferring of degrees, including those of Bachelor, Master and Doctor, and the awarding of diplomas, certificates and other awards,
(f) the provision of teaching and learning that engage with advanced knowledge and inquiry,
(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.
(3) The University has other functions as follows—
(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,
(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,
(b) the University may develop and provide cultural, sporting, professional, technical and vocational services to the community,
(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,
(d) the University has such other functions as are conferred or imposed on it by or under this or any other Act.
(4) The functions of the University may be exercised within or outside the State, including outside Australia.
s 6: Subst 2001 No 101, Sch 3 [2]. Am 2014 No 43, Sch 1.4 [1].
7 Facilities for students, staff and others
7 Facilities for students, staff and others
7 Facilities for students, staff and others
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.
s 7: Subst 2001 No 101, Sch 3 [3].
Part 3 The Council, authorities and officers of the University
Part 3 The Council, authorities and officers of the University
Part 3 The Council, authorities and officers of the University
Division 1 The Council
Division 1 The Council
Division 1 The Council
pt 3, div 1, hdg: Ins 2016 (445), Sch 1 [1].
8 Definitions
8 Definitions
8 Definitions
In this Division—
appointed member means a Council appointed member or a Ministerially appointed member.
categories of members—see section 8B (3).
constitution rules—see section 8B (4).
Council appointed member—see section 8F.
elected member—see section 8D.
external person means a person other than a member of the academic or non-academic staff of the University or an undergraduate or graduate student of the University.
graduate member—see section 8E.
Ministerially appointed member—see section 8G.
official member—see section 8H.
s 8: Subst 2016 (445), Sch 1 [1].
8A The Council
8A The Council
8A The Council
(1) There is to be a Council of the University.
(2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.
(3) Schedule 1 has effect in relation to the members and procedure of the Council.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8B Size of Council
8B Size of Council
8B Size of Council
(1) The Council is to consist of a minimum of 11, and a maximum of 22, members.
(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).
(3) The Council is to include the following categories of members—
(a) official members,
(b) elected members,
(c) Council appointed members,
(d) Ministerially appointed members.
(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).
(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.
(6) The majority of the total number of members must be external persons.
Note—
Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of this subsection.
(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.
(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.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8C Qualifications and experience of members
8C Qualifications and experience of members
8C Qualifications and experience of members
(1) Of the members of the Council—
(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
(b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).
(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.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8D Elected staff and student members
8D Elected staff and student members
8D Elected staff and student members
(1) The constitution rules are to prescribe the number of persons to comprise the following categories of members—
(a) elected (academic staff) members,
(b) elected (non-academic staff) members,
(c) elected (student) members.
Note—
There may also be elected (graduate) members if the constitution rules so provide (see section 8E).
(2) Of the members elected under this section—
(a) at least 1 must be a member of the academic staff of the University elected by members of the academic staff, and
(b) at least 1 must be a member of the non-academic staff of the University elected by members of the non-academic staff, and
(c) at least 1 must be a student of the University who—
(i) is not employed on a full-time basis (or on such other basis as the by-laws may prescribe) as a member of the academic or non-academic staff of the University, and
(ii) is elected by the students of the University.
(3) The members referred to in subsection (2) (a)–(c) are—
(a) to have such qualifications as may be prescribed by the by-laws, and
(b) to be elected in the manner prescribed by the by-laws.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8E Graduate members
8E Graduate members
8E Graduate members
(1) At least 1 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.
(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—
(a) by election as elected (graduate) members in the manner prescribed by the by-laws,
(b) by appointment by the Council under section 8F,
(c) by appointment by the Minister under section 8G.
(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.
(4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8F Council appointed members
8F Council appointed members
8F Council appointed members
(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.
(2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8G Ministerially appointed members
8G Ministerially appointed members
8G Ministerially appointed members
(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.
(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.
(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.
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
8H Official members
8H Official members
8H Official members
The official members of the Council are the following—
(a) the Chancellor,
(b) the Vice-Chancellor,
(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).
ss 8A–8H: Ins 2016 (445), Sch 1 [1].
9 Term of office
9 Term of office
9 Term of office
(1) Subject to this Act, a member of the Council holds office as follows—
(a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,
(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,
(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,
(d) in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.
(2) The need to maintain an appropriate balance of experienced and new members on the Council must be taken into account—
(a) by the Council, when making the by-laws required under this section, and
(b) by the Minister and the Council, when appointing members to the Council.
(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).
s 9: Subst 2004 No 115, Sch 4 [2]. Am 2005 No 98, Sch 2.66. Subst 2016 (445), Sch 1 [1].
Division 2 Other officers and bodies
Division 2 Other officers and bodies
Division 2 Other officers and bodies
pt 3, div 2, hdg: Ins 2016 (445), Sch 1 [1].
10 Chancellor
10 Chancellor
10 Chancellor
(1) The Council is to elect a person (whether or not a member of the Council) to be the Chancellor of the University, and is to do so—
(a) at its first meeting or as soon as practic
This is an opening excerpt, not the complete document.