University of New South Wales By-law 2005

The By‑law uses a limited set of recurring legal and administrative concepts to allocate decision‑making and procedural duties. The principal concepts are Council governance, ex officio membership, election Rolls, candidate qualification, nomination and appointment processes, Academic Board authority, faculty constitution, rule‑making and delegation. Each concept functions through specified actors and procedural steps.

Council governance and committee membership

• The Chancellor and Deputy Chancellor are ex officio members of every committee the Council establishes, with presiding rights (cl 4(1)-(2)). This is an explicit mechanism for office‑holders to participate across the Council’s committee system (cl 4).
• The Vice‑Chancellor likewise is an ex officio member of committees, boards and faculties and has presiding rights (cl 5(2)-(3)), though the Council may determine the Vice‑Chancellor not be a member of the audit committee; in that event the Vice‑Chancellor may only attend audit committee meetings as an observer (cl 5(4)-(5)).

Elections and Rolls

• The Returning Officer compiles Rolls from university information for academic staff, non‑academic staff, undergraduate students and postgraduate students (cl 10(1)(a)-(d)). The By‑law defines address for Rolls as last known email address, or if none, last known postal address (cl 10(2)).
• Candidate eligibility is procedural: to stand for election a candidate’s name must be on the relevant Roll at the close of nominations and the candidate must meet the “fit and proper person” threshold as defined by the TEQSA Act (cl 11-14).

Nominations and appointments

• The Council must establish a Nominations Committee, typically composed of the Chancellor, Deputy Chancellor, Vice‑Chancellor, President of the Academic Board and two external Council members, though the Council may vary composition (cl 48(1)-(3)).
• The Nominations Committee proposes and recommends persons eligible for appointment under section 8F or 8G of the Act, recommends who should be suggested to the Minister or appointed by the Council, and proposes lengths of appointment (cl 50(1)(a)-(c)). The Council then considers those recommendations and makes determinations, forwarding Ministerial suggestions via the Chancellor (cl 51).

Academic governance and faculties

• The Academic Board is the principal academic body with functions including oversight of academic governance and standards, advising Council and Vice‑Chancellor, and exercising delegated functions (cl 56).
• Faculties are constituted by Council (cl 60(1)), their membership consists of specified academic ranks and other appointed qualified persons (cl 60(2)), and their powers operate under the Academic Board’s authority (cl 61(6)).

Rule‑making, publication and delegation

• The Council may make rules under section 28 of the Act; rules must be published on the University website and a copy provided free on prior written request to the University Secretary (cl 64(1)-(4)).
• Certain persons and entities are prescribed for the purpose of section 16 delegations by the Council, including affiliated research institutes, officers of those institutes, emeritus professors and former Chancellors (cl 66).

Cross‑references and external standards

• The By‑law operates by reference to the Act for appointment paths and to the TEQSA Act for the “fit and proper person” standard (cl 3). The By‑law repeatedly references election rules made by Council under section 28 of the Act for detailed election procedure (see definition of election rules and cl 9).

Several concepts or functions present in earlier versions of the By‑law have been repealed, and the text includes amendment notes at many clauses indicating substitution, repeal or insertion by years 2012, 2014, 2016 and 2022 (see amendment notes attached to cl 3, 4, 10, 11-14, 44, 48-51, 55-57, 60-61, 64-67).

The By‑law identifies the classes of people and offices directly affected and prescribes roles for specific university officers. The primary affected parties are:

• The Council: the By‑law governs Council composition and processes for appointing both elected and appointed members. It requires the Council to establish a Nominations Committee and to receive and act on its recommendations about appointments (cl 48-51). The Council is the body that makes rules under section 28 of the Act (cl 64(1)) and determines appointment recommendations (cl 51).

• Elected members and electors: Academic staff, non‑academic staff, undergraduate students and postgraduate students are the four elector classes for Council elections; the Returning Officer must compile Rolls from university records for each class (cl 10(1)(a)-(d)). Candidates for election must be on the relevant Roll at the close of nominations and be a “fit and proper person” (cl 11-14). Elected members (academic, non‑academic, student) serve two‑year terms starting 1 July after election (cl 44).

• Appointed members and Minister: Persons appointed under sections 8F and 8G of the Act are affected by the Nominations Committee’s proposals and the Council’s determinations; Ministerial appointments contemplated under the Act are to be suggested via the Chancellor (cl 50, cl 51(2)). Casual vacancies for Ministerially appointed members require the Chancellor to forward a recommended person to the Minister (cl 52); vacancies for Council‑appointed members are filled by Council appointment on the Nominations Committee’s recommendation (cl 53).

• Senior officers: The Chancellor, Deputy Chancellor and Vice‑Chancellor are explicitly affected: the Chancellor and Deputy Chancellor are ex officio members of every committee and may preside at committee meetings (cl 4). The Vice‑Chancellor has duties to promote the University’s interests, to manage and supervise administrative, financial and other activities, to consult and advise academic bodies, to supervise discipline with powers to impose penalties, and to exercise delegated functions from the Council (cl 5(1), (6)(a)-(e)). The Vice‑Chancellor is ex officio on committees, boards and faculties, but may be excluded from audit committee membership by Council decision (cl 5(2)-(5)).

• Academic Board and faculties: The Academic Board’s membership is to be prescribed by rule and it is the principal academic body responsible for academic governance and standards (cl 55-56). Faculties are created by Council and their membership comprises specified academic ranks and persons appointed by Council (cl 60(1)-(2)); faculties exercise powers under the authority of the Academic Board (cl 61(6)).

• Administrative officers: The Returning Officer has the duty to assemble Rolls from University information (cl 10(1)). The University Secretary is tasked with giving Council members notice of meetings (cl 51(3)-(4)) and must make rules available on written request (cl 64(4)). The Chancellor has a forwarding duty to the Minister for Ministerial appointment suggestions (cl 51(2), cl 52).

• Research institutes, emeritus professors, former Chancellors: These persons/bodies are specifically prescribed as potential delegates of Council functions for the purposes of section 16 of the Act (cl 66).

• The Minister: the Minister receives suggestions for appointment where the Act requires Ministerial appointment (cl 51(2), cl 52).

Indirectly affected groups include all members of the University who rely on published rules for exercising rights or understanding obligations (cl 64(2)-(4)). The By‑law also affects any person who might be considered for honorary degrees as it sets voting thresholds and the bodies that must recommend candidates (cl 63).

The By‑law does not itself provide for external enforcement by courts or regulators within its text; instead it structures internal governance and administrative processes that affect the above groups (see also the absence of specific penalty provisions, noted elsewhere).

This By‑law allocates duties and confers rights on specific offices and bodies. Below are the principal duties and rights the instrument creates or preserves, with the controlling clauses referenced.

Chancellor and Deputy Chancellor

• Duty/right to be members of every committee constituted by Council, by virtue of office (cl 4(1)). They may preside at any meeting of such committees and have the rights and powers of the presiding member (cl 4(2)). A retiring Chancellor or Deputy Chancellor is eligible for re‑election (cl 4(3)). Clause 4 operates despite any other By‑law clause (cl 4(4)).

Vice‑Chancellor

• Duty to promote the interests and further development of the University (cl 5(1)).
• Ex officio member of all committees, boards and faculties (cl 5(2)); may preside and exercise presiding powers (cl 5(3)).
• The Council may determine that the Vice‑Chancellor is not a member of the audit committee; if so the Vice‑Chancellor may attend audit committee meetings only as an observer (cl 5(4)-(5)).
• Operational duties: manage and supervise administrative, financial and other activities; consult with and advise the Academic Board and other bodies; supervise discipline with power to impose penalties for misconduct or breaches of discipline; give effect to this By‑law and rules and to Council resolutions; exercise Council‑delegated functions (cl 5(6)(a)-(e)).

Returning Officer and Rolls

• Duty to assemble Rolls of Academic Staff, Non‑Academic Staff, Undergraduate Students and Postgraduate Students from university information before an election (cl 10(1)(a)-(d)).
• The By‑law defines address for Rolls as last known email address or, if none, last known postal address (cl 10(2)).

Candidate qualifications and electoral timing

• Candidates for elected Council positions must be on the relevant Roll at close of nominations and must be a fit and proper person as defined by the TEQSA Act (cl 11-14).
• Elections are to be held at the times specified in the election rules (cl 9). The By‑law defines “close of nominations” in the election rules definition (cl 3).

Nominations Committee and Council appointment processes

• The Council must establish a Nominations Committee (cl 48(1)).
• Usual composition: Chancellor, Deputy Chancellor, Vice‑Chancellor, President of the Academic Board and two external Council members; Council may vary composition (cl 48(2)-(3)).
• Nominations Committee duties: propose persons eligible for appointment under sections 8F/8G of the Act; recommend who should be suggested to the Minister or appointed by Council; recommend length of appointment and forward recommendations to Council; may receive proposals from Council members (cl 50(1)-(2)).
• Council duties when considering nominations: consider the Committee’s recommendations; determine who to suggest to the Minister or to appoint; determine lengths of appointment; forward Ministerial suggestions via the Chancellor; such determinations must be made at a Council meeting convened with at least 7 days’ notice from the University Secretary and specifying purpose (cl 51(1)-(4)).

Academic Board

• Membership prescribed by rules; must include ex officio members, professors, non‑professorial academic staff, enrolled undergraduates and enrolled postgraduates (cl 55(1)-(2)).
• Functions: principal academic body; oversee academic governance and maintain academic standards; advise Vice‑Chancellor and Council on academic matters; consider Council or Vice‑Chancellor referrals; exercise any delegated functions (cl 56(a)-(f)).
• Academic Board elects a President and up to two Deputy Presidents from among its members as prescribed by rule and fills casual vacancies as the rules prescribe (cl 57).

Rules and publication

• Council may make rules under section 28 of the Act (cl 64(1)).
• Rules must be published on the University website (cl 64(2)), state they are made under section 28 of the Act (cl 64(3)), and a copy of current rules must be made available without charge on prior written request to the University Secretary (cl 64(4)).

Honorary degrees

• Council may admit persons to honorary degrees (other than Bachelor) on recommendation by a faculty or board of studies (2/3 majority present and voting) and by the Academic Board (2/3 majority present and voting); the Council may admit Doctorates for eminent community service or service to the University (cl 63(1)-(3)).

Delegation

• For the purposes of section 16 of the Act, the Council is authorised to delegate to listed entities and persons, including affiliated research institutes, officers of those institutes, emeritus professors and former Chancellors (cl 66).

Other procedural rights and duties

• Term length for elected members fixed at two years, commencement 1 July after election (cl 44(2)-(3)).
• Casual vacancy rules for appointed members: Chancellor forwards recommendation to Minister for Ministerial appointment vacancies (cl 52); Council fills Council‑appointed vacancies by appointment on Nominations Committee recommendation (cl 53).
• Repeal savings: prior actions under the 1996 By‑law continue to have effect to the extent not inconsistent with this By‑law (cl 67(2)-(3)).

Note that the By‑law contains no general penalty schedule or civil enforcement mechanisms beyond the Vice‑Chancellor’s disciplinary powers and the procedural requirements for notice, publication and appointment. The enforcement responsibilities for compliance with procedural obligations fall to the internal actors named in the By‑law (for example the Returning Officer, University Secretary, Council and Vice‑Chancellor).

The By‑law contains limited provision for enforcement and penalty. It primarily structures internal authority and procedural duties and relies on internal governance instruments rather than imposing statutory sanctions.

Explicit enforcement powers in the text

• The Vice‑Chancellor is given power to supervise discipline of the University and to impose penalties for breach of discipline or for misconduct of any kind (cl 5(6)(c)). That is the primary explicit disciplinary power contained in the By‑law.

Absence of broader penalty regime

• The By‑law does not specify fines, imprisonment, civil penalties, administrative monetary sanctions, or referral pathways to external regulators within its text. There is no general enforcement schedule for breaches of the By‑law’s procedural provisions (for example failure to publish rules, defective roll compilation, or non‑compliance with prescribed notice periods) contained in the By‑law itself.

Internal compliance mechanisms and duties

• Publication and access obligations for rules are internalised: the Council makes rules under section 28 of the Act and must publish them on the University website (cl 64(1)-(3)), and the University Secretary must make current rules available without charge on prior written request (cl 64(4)). Compliance with these duties would be enforced internally by the Council and University Secretary rather than by a statutory penalty in the By‑law.
• Appointment procedures and meeting notice requirements impose procedural obligations on the University Secretary (convening Council meetings with at least 7 days’ notice for appointment determinations) and on the Chancellor to forward Ministerial appointment suggestions (cl 51(2)-(4)). Again, the By‑law does not provide a sanction for failure to follow these procedures; the remedy would be organisational or potentially via the Act’s mechanisms if the Act provides remedies (the Act is referenced in the By‑law but the By‑law itself does not create external enforcement).

Decision‑makers with gatekeeping powers

• The Nominations Committee has the functional duty to propose eligible appointees and recommend who should be suggested to the Minister or appointed by Council (cl 50). This is a gatekeeping role: the Committee’s recommendations are the basis for the Council’s determinations (cl 51). The By‑law gives no external appeal mechanism or judicial review pathway within its text; any challenge would rely on the Act or general administrative law principles outside this document.

Cross‑reference to external standards

• Candidate eligibility depends on being a “fit and proper person” as defined by the TEQSA Act (cl 3). That creates an externalised evaluative standard, which may involve TEQSA‑related determinations or criteria in practice. The By‑law itself does not set out how the test is to be applied operationally for Council elections; it simply imports the TEQSA definition (cl 3). If disputes arise about the application of that standard, the By‑law does not specify an internal adjudicative mechanism.

Implications of the limited penalty framework

• Enforcement, to the extent it exists, is internal and administrative: control is exercised via the rights to preside, the power to discipline (Vice‑Chancellor), the publication and notice requirements, and the appointment processes delegated to internal committees and officers (cl 4-5, cl 10, cl 48-51, cl 64). The By‑law leaves enforcement of procedural compliance largely to internal actors rather than third‑party enforcement, and does not itself create statutory penalties for breach of its provisions.

Readers should note that the Act may contain statutory enforcement mechanisms or remedies that interface with this By‑law; the By‑law frequently cross‑refers to the Act for substantive appointment rules (for example sections 8D, 8F, 8G, 16 and 28 as referenced in cl 3, cl 50-51, cl 66, cl 64). Those provisions are outside the text provided here.

The By‑law is structured as a subordinate instrument that operates in direct relation to the University of New South Wales Act 1989 (the Act) and imports or cross‑refers to at least one Commonwealth Act for an external standard. The text creates internal procedures that must be consistent with the Act and, where specified, with the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act).

Primary statutory relationship with the Act

• The By‑law applies to the University as constituted by the Act (cl 2). It repeatedly refers to the Act for substantive appointment pathways: references include section 8D (members of the Council), sections 8F and 8G (appointed members), section 28 (rule‑making), section 4(b) (constitution of the university body corporate), and section 16 (delegation of Council functions) (see cl 3 definitions and cl 50, cl 65, cl 66). Those references show the By‑law supplements the Act by setting procedural detail within the Act’s statutory framework.

Rule‑making under section 28 of the Act

• The Council’s power to make rules is exercised in accordance with section 28 of the Act, and the By‑law requires such rules to be published on the University website and made available free on request (cl 64(1)-(4)). The By‑law thereby operationalises the Act’s rule‑making power and sets publication/access obligations for transparency.

Appointment and Ministerial roles

• For appointed Council members, the By‑law prescribes a Nominations Committee process to identify and recommend candidates for appointment under sections 8F and 8G of the Act, distinguishing between persons to be suggested to the Minister and persons to be appointed by the Council (cl 50-51). The Chancellor must forward Ministerial suggestions to the Minister (cl 51(2)). For casual vacancies in Ministerially appointed offices, the Chancellor forwards a recommended person to the Minister (cl 52). For Council‑appointed vacancies, Council itself appoints recommended persons (cl 53). These procedural rules operate within the Act’s allocation of appointment powers.

Delegation and section 16 of the Act

• The By‑law prescribes certain entities and persons to whom Council may delegate functions under section 16 of the Act: affiliated research institutes, officers of those institutes, emeritus professors and former Chancellors (cl 66). This prescribes the scope of internal delegation consistent with the Act.

External standard for candidate fitness

• The By‑law defines “fit and proper person” by reference to the TEQSA Act of the Commonwealth (cl 3). This is a cross‑statutory incorporation of a Commonwealth standard into internal university governance, creating an interdependence where the meaning of that phrase is determined under the TEQSA Act rather than by the By‑law itself.

Repeal of prior By‑law and savings

• The By‑law repeals the University of New South Wales By‑law 1996 and provides transitional savings for acts done under the repealed By‑law, to the extent they relate to the new By‑law and are not inconsistent with it (cl 67(1)-(3)). It also states that rules made under the old By‑law are taken to have been made under corresponding provisions of this By‑law (cl 67(3)). That indicates continuity of previous rule‑making subject to consistency.

Absent within the text provided

• The By‑law does not itself incorporate specific provisions of other state statutes or external administrative procedures beyond the TEQSA reference and the Act. It does not state how conflicts between this By‑law and the Act are to be resolved; however, by operation of legal hierarchy, the Act would take precedence. The By‑law also does not set out mechanisms for judicial review, enforcement by external regulators, or interactions with employment law , those interactions would depend on the Act and general law outside this document.

Practically, the By‑law functions as a procedural complement to the Act: it places operational duties on internal officers (Returning Officer, University Secretary, Chancellor, Vice‑Chancellor, Nominations Committee) for the execution of appointment, election and rule‑making powers that the Act makes available. Cross‑references to the Act and the TEQSA Act mean interpretation and application of some By‑law requirements depends on those external instruments.

The text contains inline amendment and repeal notes attached to many clauses. These notes identify the years and instrument schedules that amended, substituted or repealed provisions. The By‑law itself records the following amendment history particulars as embedded in the clauses (the text retains the amendment annotations as part of the legislative record):

• Clause 3 (Definitions) has amendment notes listing Am 2012 (141), Sch 2 [1] [2]; 2014 (145), Sch 1 [1]; 2016 (260), Sch 1 [1]; 2022 (619), Sch 1 [1]. That indicates multiple amendments to the definitions over time (cl 3).

• Clause 4 (Chancellor and Deputy Chancellor) is annotated Am 2014 (145), Sch 1 [2] [3], indicating amendment in 2014 (cl 4).

• Clause 5 (Vice‑Chancellor) includes no explicit amendment footnote in the body text beyond its current form, but later clauses reference substitutions and repeals in 2014 and 2016 generally affecting Part 3 and other parts (cl 5 present as substantive text).

• Clause 9 (Time of elections) shows amendments: Am 2012 (141), Sch 2 [3] [4]; 2014 (145), Sch 1 [6] [7]; Subst 2016 (260), Sch 1 [3]. That reflects successive amendments and a substitution in 2016 (cl 9).

• Clause 10 (Rolls) has amendment notes Am 2012 (141), Sch 2 [5]-[9]; 2014 (145), Sch 1 [8]; 2016 (260), Sch 1 [4], showing multiple prior changes to election roll provisions (cl 10).

• Clauses 11-14 (Qualifications for election) have amendment histories: variously Am 2012 (141), Sch 2 [10]-[15]; 2014 (145), Sch 1 [8]; 2016 (260), Sch 1 [5]; 2016 No 55, Sch 3.35; Subst 2022 (619), Sch 1 [2]. Those notes indicate the candidate qualification provisions were amended, substituted and updated on multiple occasions, most recently substituted in 2022 for some clauses (cl 11-14).

• Many clauses and entire divisions have been repealed in later amendments. For example, cl 6 was repealed in 2014; cll 16-43 and whole divisions 3-6 of Part 3 were repealed in 2014 and 2016; several clauses are labeled as repealed or substituted across 2012, 2014 and 2016 amendment schedules (see collective notes in Part 3 and elsewhere).

• Clause 44 (Terms of office) shows amendments Am 2012 (141), Sch 2 [16] [17], and includes a substituted provision establishing two‑year terms commencing 1 July (cl 44(2)-(3)).

• Clauses within Part 4 and Part 5 contain amendment notes: for example, cl 48 (Nominations Committee) appears without a specific amendment footnote in body but surrounding context indicates substitution or amendment in 2014 and 2012 in nearby clauses; cl 50 and cl 51 show Am 2012 (141), Sch 2 [25] and Am 2012 (141), Sch 2 [26], and Subst 2014 (145), Sch 1 [13].

• Parts 5 and 6 (Academic Board and Faculties) were substantially revised or reconstituted in 2014: cll 55-57, 60-61 are marked Subst 2014 (145), Sch 1 [15] and Sch 1 [16-18] respectively. Clauses labelled Rep 2014 are identified where entire clauses were removed (cl 54, cl 58, cl 62).

• Clause 64 (Rules) indicates Am 2014 (145), Sch 1 [20] [21]. Clause 65 (Constitution of University), cl 66 (Delegation by Council) and cl 67 (Repeal) also show Am 2014 (145), Sch 1 [22]-[23] and include the repeal of the 1996 By‑law and transitional savings.

• The Act number annotations in the notes are the only amendment history recorded in the text provided. They show a pattern of repeated amendment and consolidation in 2012, significant substitution and repeal in 2014 and 2016, and at least one substitution in 2022.

What the amendment history records mechanically:

• Multiple election and composition provisions were revisited across several amendment exercises, reflecting changes to election mechanics and Council composition over time (cl 9-14, cl 44, parts repealed).
• Large swathes of earlier Parts and Divisions were repealed or substantially substituted, particularly in Part 3 (elected members) and Part 4 (appointed members), indicating the By‑law has been subject to structural reworking.
• The repeal of the 1996 By‑law and saving provisions (cl 67) indicate transitional continuity for pre‑existing rules while re‑centring governance in the 2005 By‑law.

The By‑law itself embeds these amendment notes but does not include the text of amending instruments beyond the schedule references. For exact drafting changes one would need to consult the amending instruments cited in the footnotes (for example the 2012, 2014, 2016 and 2022 schedules referenced in the clause notes). The text as presented should be read with the attached amendment annotations in mind: several former provisions are explicitly repealed and modern replacements appear in the current text.

The By‑law text supplied contains no references to cases, litigation events, judicial interpretations, or contested decisions. There are no named legal proceedings, court decisions, or litigation footnotes in the instrument as provided.

What the absence of litigation references in the text means for users:

• The By‑law itself does not record any judicial construction or enforcement history. Practitioners looking for how courts have interpreted or enforced provisions that appear in the By‑law (for example disputes about the “fit and proper person” test in the context of Council elections, or challenges to Nominations Committee recommendations) will need to search judicial databases and the Act’s case law, since this document does not supply that material.
• Any legal challenge to decisions made under the By‑law (for example to the legality of an appointment process or to the adequacy of published rules) would likely be litigated against the Act and administrative law principles outside the By‑law. The instrument itself refers back to the Act for substantive allocation of powers (for example sections 8D, 8F, 8G, 16 and 28 are referenced in cl 3, cl 50-51, cl 66, cl 64). Litigation regarding those statutory provisions would be the relevant place to look for precedent about the interplay between the Act and the By‑law.
• The By‑law imports the TEQSA Act definition of “fit and proper person” (cl 3). Litigated interpretations of that standard under the TEQSA Act or questions about how it applies in practice would likewise be found in external case law concerning TEQSA or decisions where that standard was adjudicated.

Practical notes for researchers and practitioners

• Because the By‑law is procedural and leaves many matters to Council rules or to the Act, litigation arising from contested internal governance decisions may invoke principles of administrative law, corporate law (for body corporate matters under the Act), employment law or statutory interpretation.
• The lack of litigation history in the instrument means that, for risk assessment or compliance advice, one must not infer settled judicial meaning from the By‑law text alone. Instead, any legal advice about enforceability, remedies or likely outcomes in disputes should be based on external sources: the Act, the TEQSA Act, applicable state administrative law, and any relevant case law.

In short, the provided By‑law contains no litigation record; implications for dispute resolution and legal interpretation must be drawn from other instruments and case law not included in this text.

The By‑law contains several procedural features and cross‑references that create practical pitfalls for administrators, candidates, decision‑makers and advisors. These are concrete mechanisms that can trip up compliance if overlooked.

Address for Rolls is primarily electronic

• The By‑law defines address for Rolls “to mean last known email address (or, if no email address is known in a particular case, last known postal address)” (cl 10(2)). That makes email the primary contact mechanism for electoral Rolls. Practical consequence: election notices, nomination confirmations and other Roll‑based communications will rely on university records of email addresses; missing or outdated email records can prevent an otherwise eligible person from receiving crucial notices at nomination close.

Close of nominations depends on rules

• The By‑law defines “close of nominations” through the election rules (see cl 3 definition). Election timing is determined by election rules and the Returning Officer’s use of the Rolls (cl 9 and cl 10). If rules are not clearly published and accessible, parties may miss mandated dates; the By‑law requires publication of rules on the University website (cl 64(2)), but the operational risk is that the relevant rule details might be dispersed or not refreshed.

“Fit and proper person” standard is external

• Candidates must be “fit and proper persons” as defined in the TEQSA Act (cl 11-14 and cl 3). The By‑law imports the TEQSA definition but does not specify the University’s process for applying that test. Practical consequence: the assessment is subject to an external statutory standard but no internal adjudicative procedure or review route is set out in the By‑law text.

Nominations Committee composition and flexibility

• The usual composition of the Nominations Committee includes the Chancellor, Deputy Chancellor, Vice‑Chancellor and President of the Academic Board, plus two external Council members (cl 48(2)). However, the Council may constitutionally vary the Committee’s makeup (cl 48(3)). Consequence: the Committee is centred on senior office‑holders, but the Council has discretion to change composition. The decision about composition can materially affect who is influential in selecting appointed Council members; the By‑law gives the Council that latitude without prescribing constraints.

Timing and notice requirements for Council determinations

• For Council to make determinations about appointments the meeting must be convened by the Chancellor, Deputy Chancellor or Vice‑Chancellor and the University Secretary must give at least seven days’ notice, delivered or posted, and must state the purpose of the meeting (cl 51(3)-(4)). Failure to comply with these notice requirements could render appointment decisions procedurally vulnerable, but the By‑law does not state a statutory consequence for non‑compliance.

Vice‑Chancellor’s audit committee limitation

• The Council may determine that the Vice‑Chancellor is not to be a member of the audit committee; while such a determination lasts the Vice‑Chancellor may attend only as an observer (cl 5(4)-(5)). This creates a conditional restriction on oversight participation; its practical effect depends on whether the Council exercises this power.

Many repeals and substitutions

• Numerous clauses and entire divisions are repealed or substituted as indicated by amendment notes (for example large parts of Part 3 and earlier appointment clauses) and the By‑law explicitly repeals the 1996 By‑law (cl 67(1)-(3)). Consequence: historical governance arrangements may be materially different from the current regime; transitional continuity is saved only to the extent not inconsistent (cl 67(2)-(3)). Users must verify whether a particular procedural expectation rests on a current clause or on a repealed provision.

Rules publication vs practical availability

• Rules must be published on the University website and a copy made available free on prior written request to the University Secretary (cl 64(2)-(4)). Practical trap: publication is a precondition, but the requirement to provide a copy is limited to prior written request. Those unfamiliar with the existence or location of the rules may lose rights that depend on timely knowledge of those rules.

No general penalty scheme in the By‑law

• Apart from the Vice‑Chancellor’s disciplinary powers, the By‑law does not create a schedule of penalties or external enforcement mechanisms. Disciplinary or compliance disputes may therefore require recourse to the Act or external legal mechanisms; there are no in‑By‑law sanctions for failure to adhere to procedural requirements. That absence can complicate enforcement and remedy strategies.

Dependence on Act for appointment powers

• The By‑law structures nomination processes for appointments under sections 8F and 8G of the Act but cannot change statutory allocation of appointment powers. Practitioners must check the Act for limits and substantive constraints; the By‑law is procedural scaffolding only (cl 50-53).

Honorary degree thresholds

• Honorary degree admission requires a two‑thirds majority at the sponsoring faculty or board of studies and at the Academic Board (cl 63(1)(a)-(b)). The procedural threshold is relatively high and requires coordinated votes at two levels; failure at either stage prevents admission.

These are concrete operational pitfalls tied to clause language rather than policy claims. Practitioners should map administrative workflows against the clauses cited above to manage risk.

Below is a practical compliance checklist, mapping specific obligations in the By‑law to responsible actors and the steps required to satisfy them. Each step references the controlling clause. This is an operational guide for university administrators, prospective candidates, Council members and advisors.

1. Publication and access to rules (Council; University Secretary)

• Ensure all rules made under section 28 of the Act are published on the University website (cl 64(1)-(2)).
• Each rule must include a statement that it is made under section 28 of the Act (cl 64(3)).
• Maintain a current consolidated copy of rules that the University Secretary can provide without charge on prior written request to any member of the University (cl 64(4)). Operational action: adopt a documented process for posting amendments to the website, date‑stamp rule versions, and maintain an administrative point of contact (University Secretary) for written rule requests.

2. Compiling Rolls and managing the election timetable (Returning Officer)

• Before each election, assemble Rolls from University information for Academic Staff, Non‑Academic Staff, Undergraduate Students and Postgraduate Students as specified (cl 10(1)(a)-(d)).
• Use last known email addresses as the primary contact address; where none, use last known postal address (cl 10(2)).
• Hold elections at times set out in the election rules (cl 9). Operational action: ensure HR and student records systems export accurate email addresses, run verification processes before compiling Rolls, and publish election timetable in accordance with election rules.

3. Candidate eligibility (Prospective candidates; Returning Officer)

• Verify a candidate’s name appears on the relevant Roll at the close of nominations as defined in the election rules (cl 3 definition; cl 11-14).
• Confirm the candidate meets the “fit and proper person” standard by reference to the TEQSA Act (cl 3; cl 11-14). Operational action: publish the process and criteria for fitness assessments if the University applies an internal pre‑screening; require candidates to confirm their Roll status and provide current contact details.

4. Close of nominations and election rules (Returning Officer; Council)

• Define “close of nominations” clearly in the election rules (cl 3).
• Ensure election rules are made under section 28 and published as required (cl 64(1)-(3)). Operational action: set nomination deadlines with buffer time for communications failures, and publish the nomination close prominently on the University website.

5. Nominations Committee recommendations and Council determinations (Nominations Committee; Council; University Secretary)

• Establish a Nominations Committee and document its composition; use the usual composition unless the Council determines otherwise (cl 48(1)-(3)).
• The Committee should propose eligible persons for appointment under sections 8F/8G, recommend who should be suggested to the Minister or appointed by Council, recommend lengths of appointment, and forward recommendations to Council (cl 50(1)(a)-(d)).
• Ensure that the Council considers those recommendations at a meeting convened by the Chancellor, Deputy Chancellor or Vice‑Chancellor and that the University Secretary gives each Council member at least seven days’ notice that states date, time, place and purpose (cl 51(1)-(4)). The Chancellor must forward Ministerial suggestions to the Minister (cl 51(2)). Operational action: create templates for submissions from the Nominations Committee, keep records of deliberations and forwardings, and use formal notice templates to ensure the seven‑day notice requirement is met and evidenced.

6. Filling casual vacancies (Chancellor; Council; Nominations Committee)

• For casual vacancies of Ministerially appointed members, the Chancellor must forward a name recommended by the Nominations Committee to the Minister (cl 52).
• For casual vacancies of Council‑appointed members, the Council appoints another person recommended by the Nominations Committee (cl 53). Operational action: keep a standing process for identifying candidate replacements and a documented turnaround time for forwarding recommendations to the Minister or taking Council decisions.

7. Vice‑Chancellor responsibilities (Vice‑Chancellor; Council)

• The Vice‑Chancellor must exercise management and supervisory duties and implement Council decisions as provided in cl 5(6)(a)-(e). The Vice‑Chancellor also has disciplinary powers (cl 5(6)(c)).
• If the Council determines the Vice‑Chancellor is not to be a member of the audit committee, implement observer‑only attendance arrangements (cl 5(4)-(5)). Operational action: ensure delegation statements and terms of reference for committees reflect the Vice‑Chancellor’s membership status and any Council determinations about audit committee membership.

8. Academic Board and faculties (Academic Board; faculties; Council)

• Prescribe Academic Board membership and procedures by rule, ensuring inclusion of ex officio members and elected academic and student representatives as required (cl 55).
• Ensure the Academic Board performs its functions of overseeing academic governance and standards and advising the Vice‑Chancellor and Council (cl 56).
• Where faculties are constituted by Council, document faculty membership and ensure faculties exercise powers under the Academic Board’s authority; refer disputes to Academic Board and, if requested, to Council (cl 60(1)-(3), cl 61(6)). Operational action: maintain rule schedules that set out election and appointment processes for Academic Board and faculty membership; document lines of referral and dispute resolution.

9. Honorary degrees process (Faculties; Academic Board; Council)

• Implement voting procedures to secure a two‑thirds majority at the faculty or board of studies and at the Academic Board before the Council admits an individual to an honorary degree (cl 63(1)). Operational action: prepare meeting agendas and voting records to evidence the two‑thirds thresholds and maintain records of nominations and recommendations.

10. Delegations under section 16 of the Act (Council; delegated bodies)

• When delegating powers under section 16, consider the prescribed classes in cl 66 (research institutes, officers, emeritus professors and former Chancellors). Operational action: maintain a delegation register that records delegated functions, the delegate, and any limits on delegation consistent with the By‑law and the Act.

Record‑keeping, transparency and audit trail

• Keep contemporaneous records of Roll compilations, nomination lists, Nominations Committee recommendations, Council meeting notices and minutes, publication timestamps for rules, and forwarding to the Minister where applicable (cl 10, cl 50-51, cl 64, cl 67).
• Ensure the University Secretary maintains clear channels for written requests for rules and for delivering meeting notices (cl 51(3)-(4), cl 64(4)).

Risk mitigation checklist

• Verify email addresses on Roll exports at least once before close of nominations (cl 10(2)).
• Use formalised templates to evidence seven‑day notices and meeting purposes for Council appointment determinations (cl 51(3)-(4)).
• Apply the TEQSA “fit and proper person” assessment consistently and document the basis for any exclusion (cl 3; cl 11-14).
• Where the Council varies the Nominations Committee composition, record the Council resolution evidencing the change (cl 48(3)).

This compliance guidance is limited to the duties and procedural requirements set out in the By‑law as provided. Where the By‑law cross‑refers to the Act or the TEQSA Act (for example for appointment powers and the fit and proper person standard), ensure compliance processes also conform to the requirements and constraints of those statutes.