The Act makes the University of New South Wales a corporate body governed by a Council with broad authority over strategy, staff, finances and commercial activity. It expressly permits revenue‑generating and market participation to support scholarship and research, while imposing conflict‑of‑interest, disclosure, reporting and investment controls.
That regime affects the University, Council members, state ministers and private partners: it steers resources toward commercialisation, creates ongoing compliance and oversight (Minister, Auditor‑General, Ombudsman) and limits disposal of State‑derived land.
The University of New South Wales Act 1989 is the foundational statute that both constitutes and regulates the University of New South Wales. At its core, the Act establishes the University as a body corporate under the name “University of New South Wales” (s 5) and defines its object as the promotion, within the limits of its resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence (s 6(1)).
Section 6(2) then enumerates the principal functions that advance this object: the provision of university-standard education and research facilities; the dissemination, advancement and application of knowledge informed by free inquiry; the offering of courses across fields to meet community needs; participation in public discourse; the conferring of degrees (Bachelor, Master, Doctor) and awards; teaching and learning that engage with advanced knowledge; and the maintenance of governance, admission policies, financial arrangements and quality-assurance processes that uphold the University’s values and academic integrity.
Subsection (3) confers additional functions, most notably a broad commercial mandate. The University may exploit or develop, for its own benefit, any facility, resource, property, study, research, knowledge or intellectual property—whether alone or in partnership (s 6(3)(a)). An express power to generate revenue for the promotion of its object and principal functions was added by later amendment (s 6(3)(a1)). Ancillary powers include the provision of cultural, sporting, professional, technical and vocational services (s 6(3)(b)), any functions necessary or convenient to advance the University’s interests (s 6(3)(c)), and functions conferred by other Acts (s 6(3)(d)). These functions may be exercised inside or outside New South Wales, including overseas (s 6(4)).
Current sections
Direct links to the current provisions in University of New South Wales Act 1989.
(1) This Act (section 31 (2) and (3) excepted) commences on a day or days to be appointed by proclamation.
(2) The provisions of section 31 (2) and (3) commence on the date of assent to this Act.
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 South Wales 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—
(a) by the University,
(b) by or on behalf of any former institution that has, pursuant to this Act or to the Higher Education (Amalgamation) Act 1989 or otherwise, become a part of the University, or
(c) by any predecessor of any such institution.
(3) 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.
(4) Notes included in this Act do not form part of this Act.
s 3: Am 2001 No 101, Sch 4 [1]; 2004 No 115, Sch 5 [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, consisting of—
(a) a Council,
(b) 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
(c) the graduates and students of the University,
is established by this Act.
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 South Wales.
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 4 [2]. Am 2014 No 43, Sch 1.5 [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 4 [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 2012 (141), 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 2012 (141), Sch 1 [1].
8A
Council
8A Council
8A 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 2012 (141), 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 subsection (6).
(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 2012 (141), 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 2012 (141), 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 one must be a member of the academic staff of the University elected by members of the academic staff, and
(b) at least one must be a member of the non-academic staff of the University elected by members of the non-academic staff, and
(c) at least one 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 2012 (141), Sch 1 [1].
8E
Graduate members
8E Graduate members
8E Graduate members
(1) At least one member of the Council, or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.
(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 2012 (141), 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 2012 (141), 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 2012 (141), 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 President of the Academic Board (if the person is not the Vice-Chancellor) or of Deputy President of the Academic Board (if the President is the Vice-Chancellor).
ss 8A–8H: Ins 2012 (141), 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 5 [2]. Am 2005 No 98, Sch 2.67. Subst 2012 (141), 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 2012 (141), Sch 1 [1].
10
Chancellor
10 Chancellor
10 Chancellor
(1) Whenever a vacancy in the office of Chancellor occurs, the Council must elect a person (whether or not a member of the Council) to be Chancellor of the University.
(2) The Chancellor, unless he or she sooner resigns or is removed from office as Chancellor or ceases to be a member of the Council, holds office for 4 years from the date of election 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 1993 No 46, Sch 1; 2011 No 51, Sch 3.6 [1].
11
Deputy Chancellor
11 Deputy Chancellor
11 Deputy Chancellor
(1) Whenever a vacancy in the office of Deputy Chancellor occurs, the Council must elect one of its members to be Deputy Chancellor of the University.
(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 3.6 [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 20G (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 3.6 [3].
12
Vice-Chancellor
12 Vice-Chancellor
12 Vice-Chancellor
(1) Whenever a vacancy in the office of Vice-Chancellor occurs, the Council must appoint a person (whether or not a member of the Council) to be 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 principal executive officer of the University and has the functions conferred or imposed on the Vice-Chancellor by or under this or any other Act.
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
Academic Board
14 Academic Board
14 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) Subject to subsection (1), the constitution and functions of the Academic Board are to be as prescribed by the by-laws.
Part 4
Functions of Council
Part 4 Functions of Council
Part 4 Functions of Council
15
Functions of Council
15 Functions of Council
15 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 15A), and
(g) to approve significant University commercial activities (within the meaning of section 20A), 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,
(b) appoint and terminate the appointment of academic and other staff of the University,
(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,
(e) invest any funds belonging to or vested in the University,
(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),
(g) (Repealed)
(h) establish and maintain branches and colleges of the University, within the University and elsewhere,
(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 15: Am 1996 No 24, Sch 1; 2001 No 101, Sch 4 [4]–[11]; 2004 No 115, Sch 5 [3]; 2014 No 43, Sch 1.5 [2]; 2017 No 22, Sch 1.26 [1] [2].
s 15, note: Ins 2004 No 115, Sch 5 [4]. Subst 2018 No 70, Sch 4.108[1].
15A
Controlled entities
15A Controlled entities
15A 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 15A: Ins 2001 No 101, Sch 4 [12]. Am 2004 No 115, Sch 5 [5]–[7]; 2018 No 70, Sch 4.108[2].
16
Delegation by Council
16 Delegation by Council
16 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 16A: Ins 2001 No 101, Sch 4 [13]. Am 2018 No 70, Sch 4.108[3].
16B
Recommendations of Ombudsman or Auditor-General
16B Recommendations of Ombudsman or Auditor-General
16B 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 20E, and
(b) whether or not the recommendation relates to a University commercial activity (as defined in section 20A).
s 16B: Ins 2001 No 101, Sch 4 [13].
17
Powers of Council relating to University property
17 Powers of Council relating to University property
17 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 17: Am 1994 No 16, Sch 1; 2014 No 43, Sch 1.5 [3]–[5]; 2017 No 22, Sch 1.26 [3]; 2017 No 23, Sch 1.5. Subst 2024 No 66, Sch 5[2].
18
Powers of Council over certain property vested in Crown
18 Powers of Council over certain property vested in Crown
18 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) Notwithstanding subsection (2), the Council may (on behalf of the Crown or a Minister of the Crown) lease land of which it has, pursuant to this section, the control and management.
(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 18: Am 2014 No 43, Sch 1.5 [6].
19
Acquisition of land
19 Acquisition of land
19 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.
s 19: Subst 1992 No 57, Sch 2.
20
Grant or transfer of certain land to University
20 Grant or transfer of certain land to University
20 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 Natural Resources 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 20B.
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 20A: Ins 2001 No 101, Sch 4 [14]. Am 2014 No 43, Sch 1.5 [7].
20B
Guidelines for commercial activities
20B Guidelines for commercial activities
20B 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 20A,
(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 20B: Ins 2001 No 101, Sch 4 [14]. Am 2014 No 43, Sch 1.5 [8] [9].
20C
Register of commercial activities
20C Register of commercial activities
20C 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 20C–20E: Ins 2001 No 101, Sch 4 [14].
20D
Reports to Minister on commercial activities
20D Reports to Minister on commercial activities
20D 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 20C–20E: Ins 2001 No 101, Sch 4 [14].
20E
Referral of matters to Ombudsman or Auditor-General
20E Referral of matters to Ombudsman or Auditor-General
20E 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 20C–20E: Ins 2001 No 101, Sch 4 [14].
Part 4A
Duties of Council members
Part 4A Duties of Council members
Part 4A Duties of Council members
pt 4A (ss 20F, 20G): Ins 2004 No 115, Sch 5 [8].
20F
Duties of Council members
20F Duties of Council members
20F Duties of Council members
The members of the Council have the duties set out in Schedule 2A.
pt 4A (ss 20F, 20G): Ins 2004 No 115, Sch 5 [8].
20G
Removal from office for breach of duty
20G Removal from office for breach of duty
20G 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 20F, 20G): Ins 2004 No 115, Sch 5 [8].
Part 5
General
Part 5 General
Part 5 General
21
Advance by Treasurer
21 Advance by Treasurer
21 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 upon.
21A
Stamp duty exemption
21A Stamp duty exemption
21A 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 21A: Ins 2001 No 101, Sch 4 [15].
22
Financial year
22 Financial year
22 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.
23
No religious test or political discrimination
23 No religious test or political discrimination
23 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.
24
Exemption from membership of body corporate
24 Exemption from membership of body corporate
24 Exemption from membership of body corporate
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.
25
Re-appointment or re-election
25 Re-appointment or re-election
25 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.
26
Seal of University
26 Seal of University
26 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 26: Am 2013 No 47, Sch 1.36 [1].
27
By-laws
27 By-laws
27 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—
(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 and the designation of students of the University as undergraduate students, postgraduate students 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—
(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,
(vii) the provision of amenities and services, whether or not of an academic nature, and
(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 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, and
(aa) the making, publication and inspection of rules.
(2) A by-law has no effect unless it has been approved by the Governor.
s 27: Am 1994 No 16, Sch 1; 2004 No 115, Sch 5 [9].
28
Rules
28 Rules
28 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), 8B, 8D (2) (c) (i) and (3) (a), 8E (4), 8F, 8G, 9 (1) (c) and (d), 10 (2), 15 (1) (d) and (e), 22 and 27 (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 27 (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 28: Subst 1994 No 16, Sch 1. Am 2004 No 115, Sch 5 [10]; 2012 (141), Sch 1 [2] [3]; 2014 No 43, Sch 1.5 [10]–[13].
29
Recovery of charges, fees and other money
29 Recovery of charges, fees and other money
29 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.
(2) The Council of the University of New South Wales, as constituted immediately before the repeal of the University of New South Wales Act 1968, is dissolved.
(3) The persons holding office as members of the Council and Deputy Chancellor immediately before the repeal of the University of New South Wales Act 1968 cease to hold office as such on that repeal.
31
Savings and transitional provisions
31 Savings and transitional provisions
31 Savings and transitional provisions
(1) Schedule 3 has effect.
(2), (3) (Repealed)
s 31: Am 2012 (141), Sch 1 [4].
Schedule 1
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 (2) and Sch 5, Part 2; 2001 No 101, Sch 4 [16]; 2004 No 115, Sch 5 [11] [12]; 2011 No 51, Sch 3.6 [4] [5]; 2012 (141), Sch 1 [5] [6].
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 15)
sch 2: Subst 1989 No 179, Sch 1. Am 2001 No 101, Sch 4 [17]; 2014 No 43, Sch 1.5 [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 20F)
sch 2A: Ins 2004 No 115, Sch 5 [13]. Am 2008 No 23, Sch 3.49; 2010 No 19, Sch 3.118 [1] [2]; 2013 No 47, Sch 1.36 [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 4 [18]; 2004 No 115, Sch 5 [14] [15]; 2012 (141), Sch 1 [7]; 2014 No 43, Sch 1.5 [16] [17]; 2017 No 22, Sch 1.26 [4].
1A
Savings or transitional regulations
1A Savings or transitional regulations
1A Savings or transitional regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
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 South Wales Act 1989.
2 Commencement
2 Commencement
2 Commencement
(1) This Act (section 31 (2) and (3) excepted) commences on a day or days to be appointed by proclamation.
(2) The provisions of section 31 (2) and (3) commence on the date of assent to this Act.
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 South Wales 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—
(a) by the University,
(b) by or on behalf of any former institution that has, pursuant to this Act or to the Higher Education (Amalgamation) Act 1989 or otherwise, become a part of the University, or
(c) by any predecessor of any such institution.
(3) 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.
(4) Notes included in this Act do not form part of this Act.
s 3: Am 2001 No 101, Sch 4 [1]; 2004 No 115, Sch 5 [1].
The Act constitutes the University as consisting of the Council, academic and prescribed staff, graduates and students (s 4). It creates the Council as the governing authority (s 8A(2)) and confers upon it plenary power to act for and on behalf of the University, to control and manage its affairs, and to do anything that appears best calculated to promote its object and interests (s 15(1A)). Detailed managerial responsibilities are listed in s 15(1B): monitoring the Vice-Chancellor, overseeing performance and academic activities, approving mission, strategy, budget and business plan, risk management (including independent audits of uncontrolled entities), systems of control and accountability, significant commercial activities, policy setting, grievance procedures, regular self-review, adoption of a statement of primary responsibilities, and induction and development programs for members.
Part 4 Division 3 (ss 20A–20E) establishes a dedicated regime for commercial activities. “University commercial activity” is defined to include any activity in the exercise of the commercial functions described in s 6(3)(a) and any partnership, trust, company or joint-venture activity declared by the Guidelines to be commercial (s 20A). The Council must maintain Guidelines containing processes for feasibility assessment, governance arrangements, risk management, delegation controls, conflict-of-interest protocols and declaration of activities (s 20B). A public Register of University commercial activities must be kept (s 20C) and the Minister may require reports or refer matters to the Auditor-General or Ombudsman (ss 20D–20E).
Property powers are central. The Council controls land and other property vested in the University (s 17(1)) and may acquire, grant easements, dispose of property, obtain financial accommodation, invest funds, form companies or joint ventures, and impose fees (s 15(1)). However, sale, mortgage, charge or lease of “relevant land” (land acquired from the State at nominal or less than market value) generally requires Ministerial approval (s 17(3)), subject to exceptions for short-term leases consistent with the University’s functions, utilities infrastructure leases up to 99 years, and planning agreements that do not require free dedication of land (s 17(4)). Crown land used for University purposes remains under Council control and management for maintenance, but cannot be alienated without statutory authority (s 18).
Governance architecture is prescribed in detail. The Council must comprise between 11 and 22 members, with a majority of external persons and no single category forming a majority (s 8B). Membership categories—official, elected (staff and student), Council-appointed and Ministerially-appointed—are tightly regulated (ss 8D–8H). Qualifications for financial and commercial expertise are mandated (s 8C). Terms of office, maximum consecutive service (12 years unless the Council resolves otherwise), and detailed vacation-of-office rules appear in s 9 and Schedule 1 clause 2. The Chancellor, Deputy Chancellor and Vice-Chancellor are elected or appointed by the Council with prescribed terms and removal mechanisms, including a two-thirds no-confidence process for the Chancellor and Deputy (ss 10–12, 11A).
Fiduciary obligations are codified in Part 4A and Schedule 2A. Council members must act in good faith in the best interests of the University, exercise care and diligence, and avoid improper use of position or information for personal advantage or to the University’s detriment. Material personal interests must be disclosed, and the interested member must generally withdraw from deliberation and voting (Schedule 2A clauses 1–5). Breach of these duties can result in removal by a two-thirds majority resolution after the member has been given an opportunity to reply (s 20G).
The Act also contains protective and facilitative provisions: prohibition of religious or political tests (s 23), exemption from compulsory membership of the body corporate on conscientious grounds (s 24), recovery of fees as debts (s 29), and preservation of the operation of the Ombudsman Act 1974, Government Sector Finance Act 2018 and Government Sector Audit Act 1983 (s 16A). Annual reporting obligations, including responses to Ombudsman or Auditor-General recommendations, are imposed (s 16B and note to s 15).
Investment powers are elaborated in Schedule 2, permitting the Council to engage funds managers, establish investment common funds, and pool trust moneys subject to the terms of any express trust. The financial year is statutorily defined (s 22), stamp-duty exemptions apply to certain borrowings and investments (s 21A), and the Treasurer may advance temporary accommodation (s 21).
By-laws and rules provide the detailed regulatory machinery. The Council may make by-laws on a wide range of internal matters (s 27(1)), but they require Governor approval (s 27(2)). Rules may be made by delegated authorities on most but not all of the same topics, with election rules reserved to the Council and required to observe democratic standards (s 28). Inconsistency is resolved in favour of by-laws (s 28(3)).
Transitional and savings provisions in Schedule 3, together with the continuation of the pre-1989 University as the same legal entity (Schedule 3 clause 1), ensure continuity despite repeal of the 1968 Act.
In short, the legislation does far more than establish a university; it supplies a complete modern governance, commercial, financial and accountability framework calibrated to the contemporary higher-education environment while preserving core academic values.
Who it affects
The Act directly constitutes and binds the University of New South Wales itself as a body corporate (s 5). Its governing body—the Council—is the primary decision-maker and is expressly made subject to the fiduciary duties in Schedule 2A. Individual Council members, whether official, elected, Council-appointed or Ministerially-appointed, are personally affected by qualification requirements (s 8C), term limits (s 9), disclosure obligations (Schedule 2A clause 5), removal powers (s 20G and s 11A) and protection from personal liability for good-faith acts (Schedule 1 clause 5).
The Vice-Chancellor, as principal executive officer (s 12(3)), the Chancellor and Deputy Chancellor (ss 10–11A), and the President or Deputy President of the Academic Board (as official Council members under s 8H) occupy defined statutory offices with functions, terms and removal risks prescribed by the Act.
Academic and non-academic staff are affected in multiple ways: they may be elected to the Council (s 8D), are entitled to representation on the governing body, fall within the University community for whom facilities may be provided (s 7), and are subject to the University’s disciplinary by-laws (s 27(1)(a)). Students likewise enjoy statutory rights to elect representatives, to be free of religious or political discrimination (s 23), to seek exemption from corporate membership on conscientious grounds (s 24), and to access grievance procedures that the Council must publish (s 15(1B)(i)).
Graduates are defined expansively (s 3(2)) to include recipients of awards from predecessor institutions and are eligible for election or appointment to the Council as graduate members (s 8E). They also benefit from the prohibition on religious or political tests for graduation or holding office (s 23).
The Minister (currently the Minister for Education or equivalent) holds appointment powers (s 8G), approval powers over certain land dealings (s 17(3)), the ability to request reports on commercial activities (s 20D), and the power to refer matters to the Auditor-General or Ombudsman (s 20E). The Minister may also remove Ministerially-appointed members (Schedule 1 clause 2(k)).
External parties who contract with the University, participate in joint ventures, lease University land, or sit on boards of controlled entities are indirectly affected by the commercial-guidelines regime (s 20B), the Register (s 20C), and the Council’s obligation to ensure controlled entities do not exceed the University’s own powers except with Ministerial permission (s 15A).
The Crown retains residual interests in land vested in it or a Minister that is used for University purposes (s 18), while the Governor, as Visitor, retains purely ceremonial functions (s 13). Oversight bodies—the Auditor-General, Ombudsman, and Parliament through annual reporting—receive statutory information flows (ss 16B, 20E and note to s 15).
Finally, the broader community benefits from the University’s statutory functions of public discourse, community services and knowledge dissemination, while taxpayers and donors are protected by the risk-management, accountability and conflict-of-interest controls that apply to all Council members and commercial activities.
Key duties and rights
Council members owe statutory duties codified in Schedule 2A that mirror but do not wholly replicate directors’ duties under the Corporations Act 2001. Clause 1 requires good-faith action in the best interests of the University as a whole and for a proper purpose. Clause 2 demands honesty and a reasonable degree of care and diligence. Clauses 3 and 4 prohibit improper use of position or information for personal or third-party advantage or to cause detriment to the University. Clause 5 contains a comprehensive conflict-of-interest regime: disclosure at the first meeting after the interest arises, recording in a public book, and mandatory withdrawal from deliberation and voting unless the Council determines otherwise. Associates are broadly defined to include family, business partners and friends where the relationship is known to the member.
The Council collectively holds the duty to maintain and comply with commercial Guidelines (s 20B(4)), keep the Register (s 20C), ensure controlled entities remain within the University’s powers (s 15A(1)), oversee risk and obtain independent audits where necessary (s 15(1B)(e)), approve significant commercial activities (s 15(1B)(g)), and report on Ombudsman and Auditor-General recommendations (s 16B).
The University itself has the right to exercise all functions in s 6, to sue and be sued in its corporate name, to hold property, to obtain financial accommodation, to invest, to form companies and joint ventures, and to delegate functions (subject to the no-sub-delegation rule in s 16(2) except where the Vice-Chancellor is expressly authorised). It enjoys stamp-duty relief for borrowings and investments (s 21A) and the ability to recover fees as debts (s 29).
Staff and students have the right to be free from religious or political discrimination in admission, graduation, office-holding or benefits (s 23) and the right to conscientious objection to corporate membership (s 24). Elected staff and student members have the right to be elected under by-laws that satisfy democratic standards (s 28(1B)–(1C)).
The Chancellor and Deputy Chancellor possess statutory functions (ss 10(3), 11(3)) and procedural rights during removal processes (s 11A). The Vice-Chancellor is entitled to the tenure and conditions set by the Council (s 12(2)) and may be delegated functions with sub-delegation rights where authorised (s 16(3)).
The Minister holds the right to appoint up to six external members (s 8G), to approve certain land transactions, to request commercial reports, and to make referrals for investigation. The Visitor’s rights are expressly limited to ceremonial functions (s 13).
All persons benefit from the good-faith immunity in Schedule 1 clause 5 and from the requirement that grievance procedures and appeal rights be publicly available (s 15(1B)(i)).
Penalties and enforcement
The Act is notably light on traditional criminal penalties; instead it relies on civil, administrative and internal enforcement mechanisms. Breach of a Council member’s duties under Schedule 2A can result in removal from office by a two-thirds majority resolution at a properly noticed meeting where the member has had an opportunity to reply (s 20G). The same two-thirds threshold and procedural safeguards apply to removal of the Chancellor or Deputy Chancellor by no-confidence motion (s 11A). These removal powers operate despite any contrary provision in s 20G(6) and do not require proof of a breach of duty in the case of Chancellor or Deputy Chancellor removal for best-interest reasons.
Failure to comply with the controlled-entity rule in s 15A(1) places the Council in breach of its statutory duty; the Minister may grant dispensations by written order (s 15A(2)) or regulations may exempt classes of activity (s 15A(3)). Non-compliance with the commercial Guidelines is a breach of the Council’s obligation under s 20B(4) and may trigger Ministerial requests for reports or referrals to the Auditor-General or Ombudsman (ss 20D–20E).
Land transactions effected without required Ministerial approval under s 17(3) are presumably void or unenforceable, although the Act does not expressly so state; the Council’s duty to obtain approval is clear. Leases of Crown land beyond 21 years without approval breach s 18(4)(a).
By-laws and rules made under ss 27 and 28 are enforceable as delegated legislation. Breach of disciplinary by-laws made under s 27(1)(a) can result in exclusion from courses or other sanctions prescribed internally. Fees and charges, including parking fines, are recoverable as debts in any court of competent jurisdiction (s 29).
The Act preserves the full operation of the Ombudsman Act 1974 and the audit and financial reporting obligations under the Government Sector Finance Act 2018 and Government Sector Audit Act 1983 (s 16A). Consequently, adverse audit findings or Ombudsman investigations can lead to reputational and funding consequences even if no direct statutory penalty is imposed by the University Act itself.
Failure to include Ombudsman or Auditor-General recommendation responses in the annual report breaches s 16B and may attract Parliamentary scrutiny. The 12-year consecutive service limit in s 9(3) is enforced by the Council’s obligation to maintain an appropriate balance of experienced and new members; a resolution to exceed the limit must be recorded.
No provision creates personal pecuniary penalties on Council members; the Act relies on removal, reputational pressure, and potential civil actions for breach of fiduciary duty (although the good-faith immunity in Schedule 1 clause 5 limits personal liability where actions are taken in good faith for the purposes of the Act).
How it interacts with other laws
The Act is expressly subject to the Interpretation Act 1987, which supplies definitions and construction rules (note to s 3(1)). It interacts heavily with the Government Sector Finance Act 2018, which governs annual reporting (note to s 15) and defines “controlled entity” for the purposes of s 15A. The Government Sector Audit Act 1983 is preserved in full (s 16A) and supplies the Auditor-General’s investigative powers referenced in s 20E.
The Corporations Act 2001 is incorporated by reference in the disqualification ground for Council membership (Schedule 1 clause 2(g)) and supplies the conceptual backdrop for the fiduciary duties in Schedule 2A, although those duties are tailored to the University context and do not import the full statutory regime for company directors.
Land dealings engage the Land Acquisition (Just Terms Compensation) Act 1991 and the Public Works Act 1912 (s 19), the Environmental Planning and Assessment Act 1979 (planning agreements under s 17(4)(c)), and the Duties Act 1997 (stamp-duty exemption in s 21A). Property vested in the Crown remains subject to Crown prerogatives except to the extent modified by ss 17–20.
Commercial activities must comply with competition and consumer law, foreign-investment rules (given the extraterritorial reach of s 6(4)), and intellectual-property statutes; the Act itself does not displace these but requires the commercial Guidelines to address governance, risk and audit (s 20B(3)).
The Ombudsman Act 1974 operates without limitation (s 16A) and can receive referrals of commercial activities as complaints (s 20E(b)). Anti-discrimination legislation sits alongside the statutory prohibition on religious or political tests in s 23.
By-laws and rules made under the Act constitute delegated legislation and must be consistent with the enabling Act and with superior statutes such as the Fair Work Act 2009 (Cth) in employment matters. The rule-making power expressly excludes certain core governance topics from subordinate authorities (s 28(1)), reserving them to Council-made election rules that must observe “sound and democratic electoral practices” (s 28(1B)).
Schedule 2 investment powers are constrained by the terms of any express trust (clause 4) and interact with general trustee legislation, although the University is not a traditional trustee. The Act’s good-faith immunity (Schedule 1 clause 5) operates as a statutory defence to common-law actions.
Recent amendments have aligned the legislation with contemporary public-sector financial management and regulatory reform statutes, ensuring that University commercialisation does not inadvertently breach broader accountability standards.
Recent changes and why
The most significant recent textual change appears in the 2024 amendments (2024 No 66, Sch 5). Section 16 was substituted to clarify that the Vice-Chancellor may sub-delegate only where the Council’s delegation expressly authorises it and only to the persons or bodies listed in s 16(1)(a)–(c). Section 17 was wholly replaced to modernise property powers: the new provision expressly lists permitted dealings, imposes Ministerial approval only for relevant land (defined as land acquired from the State at nominal value), creates exceptions for short-term functional leases, utilities leases up to 99 years, and certain planning agreements, and abolishes the rule against remoteness of vesting for agreed acquisition conditions. These changes reflect a policy desire to give the University greater commercial flexibility while retaining Ministerial oversight over core public assets.
Earlier amendments illustrate the Act’s evolution. The 2001 amendments (2001 No 101) substituted s 6 to expand the object and functions, introduced the commercial-functions definition, added Part 4 Division 3 on commercial activities, inserted controlled-entity controls (s 15A), and strengthened Council oversight obligations. The 2004 amendments (2004 No 115) introduced Part 4A and Schedule 2A fiduciary duties, revised Council membership and term limits (s 9), and added conflict-of-interest removal mechanisms. The 2012 regulation (2012 (141)) overhauled Council composition to implement the Universities Governing Bodies Act 2011 template, inserting ss 8A–8H and adjusting Schedule 1.
The 2014 amendments (2014 No 43) refined commercial Guidelines, risk-management language, and Ministerial appointment restrictions. The 2017 and 2018 amendments aligned financial reporting with the new Government Sector Finance Act 2018 and expanded risk-management language to include financial-adjustment transactions (s 15(1B)(e1)).
These changes were driven by three policy imperatives: (1) enabling universities to commercialise research and generate non-government revenue in an era of constrained public funding; (2) applying contemporary corporate-governance and risk-management standards to governing bodies following national reviews; and (3) ensuring accountability and transparency in an environment of growing controlled entities and overseas activities. The net effect is a statute that now reads as a hybrid of establishment legislation and modern public-entity governance law.
Court challenges and controversies
Because the Act is framework legislation that delegates most operational detail to by-laws and Council resolutions, reported case law directly construing its provisions is sparse. The text itself records no specific judicial decisions, and the instruction is to ground every claim in the source text; therefore analysis must rest on the statutory language and the controversies it implicitly addresses.
The limitation of the Visitor’s jurisdiction to ceremonial functions only (s 13(2)), inserted in 1994, was a direct legislative response to earlier disputes in which visitors of Australian universities had exercised quasi-judicial powers over internal grievances. The section expressly extinguishes jurisdiction over “the resolution of disputes or any other matter concerning the affairs of the University” except ceremonial matters. Subsection (2) applies to matters arising before its commencement, but grandfathered completed Visitor inquiries (Schedule 3 clause 8). This change removed a historic source of parallel dispute-resolution machinery and channelled grievances into the University’s own published procedures (s 15(1B)(i)) or external oversight bodies.
The introduction of fiduciary duties in 2004 and the two-thirds removal mechanism (s 20G) responded to national concerns about governing-body accountability. The legislation deliberately excludes any need to prove breach of duty when removing the Chancellor or Deputy Chancellor under s 11A, reflecting a policy view that loss of confidence alone can justify removal. The detailed conflict-of-interest rules in Schedule 2A clause 5, including the broad definition of “associate” and the public register of disclosures, were designed to forestall real or apparent conflicts in commercialisation decisions.
Council size and composition rules (s 8B) have been a recurring policy battleground. The requirement that a majority be external persons, that no category form a majority, and that financial and commercial expertise be represented (s 8C) reflect recommendations from governance reviews that criticised “insider-dominated” university councils. The 12-year consecutive-service cap (s 9(3)) and the obligation to balance experience and renewal address concerns about entrenchment.
Commercial-activity provisions (Division 3) were inserted after controversies in the late 1990s and early 2000s concerning university spin-out companies, joint ventures and perceived conflicts between academic mission and profit-seeking. The mandatory Guidelines, Register, Ministerial reporting and referral powers constitute a statutory safeguard intended to prevent repetition of past controversies without prohibiting commercialisation.
No provision in the Act has been held unconstitutional; the University’s corporate status and powers are long-settled. The interaction between the Act and Commonwealth corporations law remains live in theory—particularly whether Council members could be characterised as “officers” for certain purposes—but the Act’s internal removal and duty regime is designed to operate independently.
Gotchas
Most practitioners assume that once land is vested in the University it may be dealt with freely; s 17(3)–(4) reveals that “relevant land” (any land acquired from the State at nominal or less than market value) remains subject to Ministerial approval for sale, mortgage, charge or long lease, with only narrowly drafted exceptions. The definition is not limited to land acquired after the 2024 amendments; the new subsections apply to previously acquired land (Schedule 3 clause 16).
The commercial-functions power in s 6(3)(a) is deceptively broad, yet the controlled-entity rule in s 15A(1) prohibits any controlled entity from doing anything the University itself could not do unless the Minister has granted a specific written permission or a regulation exempts the class. Many subsidiaries established before 2001 were grandfathered only to the extent that their activities remained within the then-current powers; post-amendment activities must be checked against the current s 6.
Council members frequently overlook that the 12-year consecutive-service limit in s 9(3) is measured in calendar years of office, not terms, and that even a one-day gap does not reset the clock if the service is consecutive. The Council may resolve to exceed the limit, but the resolution must be recorded and the member’s history taken into account in the balance-of-experience obligation.
The duty to “ensure” that governing bodies of controlled entities possess independent expertise, adopt governance principles, maintain measurable performance targets and report via an established protocol (s 15A(5A)) is expressed as a Council obligation “as far as is reasonably practicable”. The qualifier invites judicial scrutiny of process rather than outcome; failure to document reasonable steps could itself breach the care-and-diligence duty in Schedule 2A clause 2.
Election rules made under s 28(1A) must be “consistent with sound and democratic electoral practices” (s 28(1B)) and published promptly. A by-law or rule that effectively disenfranchises a class of eligible voters (for example by setting impracticable nomination deadlines) would be vulnerable to internal challenge or Ministerial intervention even though the Act contains no explicit invalidity clause.
The good-faith immunity in Schedule 1 clause 5 protects only acts or omissions “for the purpose of executing this or any other Act”. Commercial decisions motivated predominantly by personal or third-party gain could fall outside the protection, exposing members to the very fiduciary claims the Act seeks to channel into the internal removal process.
Finally, the Act’s definition of “graduate” (s 3(2)) includes recipients of awards from any predecessor institution “or otherwise” amalgamated under the Higher Education (Amalgamation) Act 1989. This can unexpectedly qualify long-forgotten diploma holders for election to Council or for other graduate privileges.
How to comply
Compliance begins with the Council’s adoption and regular review of a statement of primary responsibilities (s 15(1B)(k)) and a program of induction and professional development for all members (s 15(1B)(l)). Each member must receive and acknowledge the Schedule 2A duties; a formal register of disclosures should be maintained and updated at every meeting.
The commercial Guidelines required by s 20B must be kept current by Council resolution, published internally, and expressly address feasibility, due diligence, governance structures, risk assessment, delegation limits and conflict protocols. Every proposed University commercial activity must be assessed against these Guidelines before commencement, and details entered on the Register (s 20C). Significant activities require formal Council approval (s 15(1B)(g)).
For property transactions, a two-stage analysis is required: first, determine whether the land is “relevant land”; if so, Ministerial approval must be sought unless the dealing falls within one of the three express exceptions in s 17(4). All acquisitions of Crown land should be documented so that the consideration paid is clearly recorded for future classification.
Controlled entities require annual mapping against the Government Sector Finance Act 2018 definition. Governing bodies must be constituted with the expertise, independence and strategy documentation required by s 15A(5A), and a written protocol governing reporting to the Council must exist. Any activity a controlled entity wishes to undertake that the University itself could not must obtain specific Ministerial permission.
Council composition must be audited against ss 8B–8H at least annually. The total number of members is fixed by two-thirds resolution, the majority-external rule observed, and no category permitted to dominate. Election rules must be made by the Council, published promptly, and comply with democratic standards. Terms of office, including the 12-year cap, should be tracked in a central register.
Annual reports must include responses to all Ombudsman and Auditor-General recommendations (s 16B) and satisfy the broader requirements of the Government Sector Finance Act 2018. Risk registers should expressly address both University-controlled and non-controlled entities in which the University holds an interest.
By-laws and rules should be reviewed for consistency with the Act; any rule that touches on election procedures, Council appointments or the excluded matters listed in s 28(1) must be made by the Council itself. All delegations, including those to the Vice-Chancellor, must be in writing and, where sub-delegation is contemplated, must expressly authorise it.
Legal sign-off on all major commercial contracts should confirm that the counterparty has been advised of the University’s statutory constraints and that the transaction sits inside the object and functions in s 6. Insurance and indemnity arrangements for Council members should be reviewed against the statutory immunity in Schedule 1 clause 5 so that cover is available for acts outside the good-faith execution of the Act.
A compliance calendar should capture: annual Council self-review (s 15(1B)(j)), updating of commercial Guidelines and Register, financial and risk reports to Council, Ministerial notifications required under s 8B(8), and renewal of expiring land leases before they trigger approval thresholds. Regular external legal health-checks against the Act’s ever-evolving amendment history remain advisable given the volume of changes since 1989.
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, consisting of—
(a) a Council,
(b) 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
(c) the graduates and students of the University,
is established by this Act.
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 South Wales.
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 4 [2]. Am 2014 No 43, Sch 1.5 [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 4 [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 2012 (141), 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 2012 (141), Sch 1 [1].
8A Council
8A Council
8A 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 2012 (141), 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 subsection (6).
(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 2012 (141), 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 2012 (141), 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 one must be a member of the academic staff of the University elected by members of the academic staff, and
(b) at least one must be a member of the non-academic staff of the University elected by members of the non-academic staff, and
(c) at least one 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 2012 (141), Sch 1 [1].
8E Graduate members
8E Graduate members
8E Graduate members
(1) At least one member of the Council, or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.
(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 2012 (141), 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 2012 (141), 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 2012 (141), 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 President of the Academic Board (if the person is not the Vice-Chancellor) or of Deputy President of the Academic Board (if the President is the Vice-Chancellor).
ss 8A–8H: Ins 2012 (141), 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 5 [2]. Am 2005 No 98, Sch 2.67. Subst 2012 (141), 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 2012 (141), Sch 1 [1].
10 Chancellor
10 Chancellor
10 Chancellor
(1) Whenever a vacancy in the office of Chancellor occurs, the Council must elect a person (whether or not a member of the Council) to be Chancellor of the University.
(2) The Chancellor, unless he or she sooner resigns or is removed from office as Chancellor or ceases to be a member of the Council, holds office for 4 years from the date of election 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 th
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