This Act re-establishes the University of Sydney as a corporate body governed by a Senate, defining its object as teaching, research and authorised commercial activity. It grants the Senate wide powers over operations, property, investments and fees while imposing duties on governors and formal controls for commercialisation (Guidelines, a Register, Ministerial reporting and possible Auditor‑General/Ombudsman referral). It affects the University community, the State (Minister/Treasurer) and commercial partners — expanding revenue options but adding compliance, oversight and political touchpoints.
The University of Sydney Act 1989 constitutes the University of Sydney as a body corporate under the name "The University of Sydney" (s 5) and declares it a continuation of the institution originally established by Act 14 Vic No 31 (s 4). Its primary object is 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)). To achieve this, the University is granted principal functions including the provision of facilities for university-standard education and research, the dissemination and application of knowledge, the offering of courses across fields to meet community needs, participation in public discourse, the conferring of degrees (Bachelor, Master, Doctor) and awards, teaching that engages advanced knowledge, and the development of governance and quality assurance processes underpinned by those values (s 6(2)).
Additional functions encompass commercial activities, defined as the commercial exploitation or development for the University's benefit of any facility, resource, property, study, research, knowledge, or intellectual property (s 6(3)(a)), together with revenue generation to fund its object and principal functions (s 6(3)(a1) inserted by amendment). The University may also provide cultural, sporting, professional, technical, and vocational services, exercise ancillary functions, and perform any other functions conferred by this or another Act (s 6(3)(b)–(d)). These functions may be exercised within or outside New South Wales, including overseas (s 6(4)).
Governance is vested in a Senate, which is the governing authority with functions conferred by the Act (s 8A(2)). The Senate's size is set at a minimum of 11 and maximum of 22 members, determined by a two-thirds resolution (s 8B(1)–(2)). Membership categories include official members (Chancellor, Vice-Chancellor, and the President or Deputy President of the Academic Board – s 8H), elected members (academic staff, non-academic staff, and students under s 8D), Senate-appointed external persons (s 8F), and Ministerially appointed external persons (up to 6 under s 8G, excluding parliamentarians). A majority of members must be external persons (s 8B(6)), and no single category may hold a majority (s 8B(7)). Qualifications require at least two members with financial expertise and one with commercial expertise (s 8C(1)), plus relevant expertise for appointed members (s 8C(2)).
Current sections
Direct links to the current provisions in University of Sydney Act 1989.
(1) This Act (section 40 (2)–(4) excepted) commences on a day or days to be appointed by proclamation.
(2) The provisions of section 40 (2)–(4) commence on the date of assent to this Act.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
academic college means a college established by or under Part 5.
advisory council means an advisory council established under Part 5.
Bachelor means any person on whom the degree of Bachelor has been conferred by the University.
commercial functions of the University means the commercial functions described in section 6 (3) (a).
Doctor means any person on whom the degree of Doctor has been conferred by the University.
Fellow means a member of the Senate.
incorporated college means Sancta Sophia College, St Andrew’s College, St John’s College, St Paul’s College, Wesley College or the Women’s College.
Master means any person on whom the degree of Master has been conferred by the University.
principal, in relation to an incorporated college, means the master, warden, rector or other person who is the head of the college.
residential college means an incorporated college or a college (other than an academic college) established under this Act.
Senate means the Senate of the University.
University means the University of Sydney 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) a person who is the recipient of a degree, or of such other diploma, award or certificate as may be prescribed by the by-laws, conferred or awarded by the University, or
(b) 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—
(i) 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
(ii) 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 7 [1]; 2004 No 115, Sch 7 [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 Senate,
(b) Convocation,
(c) the professors and full-time members of the academic staff of the University and such other members or classes of members of the staff of the University as the by-laws may prescribe, and
(d) the graduates and students of the University,
is established by this Act as a continuation of the University of Sydney established by Act 14 Vic No 31.
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 Sydney.
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 7 [2]. Am 2014 No 43, Sch 1.7 [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 7 [3].
Part 3
The Senate, authorities and officers of the University
Part 3 The Senate, authorities and officers of the University
Part 3 The Senate, authorities and officers of the University
Division 1
The Senate
Division 1 The Senate
Division 1 The Senate
pt 3, div 1, hdg: Ins 2016 (194), Sch 1 [1].
8
Definitions
8 Definitions
8 Definitions
In this Division—
appointed member means a Senate appointed member or a Ministerially appointed member.
categories of members—see section 8B (3).
constitution rules—see section 8B (4).
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.
Senate appointed member—see section 8F.
s 8: Subst 2016 (194), Sch 1 [1].
8A
Senate
8A Senate
8A Senate
(1) There is to be a Senate of the University.
(2) The Senate 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 Senate.
ss 8A–8H: Ins 2016 (194), Sch 1 [1].
8B
Size of Senate
8B Size of Senate
8B Size of Senate
(1) The Senate 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 Senate (the total number of members).
(3) The Senate is to include the following categories of members—
(a) official members,
(b) elected members,
(c) Senate 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 Senate (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 Senate.
(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 Senate must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.
ss 8A–8H: Ins 2016 (194), 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 Senate—
(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 Senate and an appreciation of the object, values, functions and activities of the University.
ss 8A–8H: Ins 2016 (194), 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 2016 (194), Sch 1 [1].
8E
Graduate members
8E Graduate members
8E Graduate members
(1) At least one member of the Senate, 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 Senate 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 Senate under section 8F,
(c) by appointment by the Minister under section 8G.
(3) A rule providing for the appointment of a member by the Minister under section 8G may be made only with the approval of the Minister.
(4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.
ss 8A–8H: Ins 2016 (194), Sch 1 [1].
8F
Senate appointed members
8F Senate appointed members
8F Senate appointed members
(1) The Senate may appoint as members of the Senate such number of external persons as is prescribed by the constitution rules for the category of Senate appointed members.
(2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.
ss 8A–8H: Ins 2016 (194), Sch 1 [1].
8G
Ministerially appointed members
8G Ministerially appointed members
8G Ministerially appointed members
(1) The Minister may appoint as members of the Senate 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 Senate may suggest to the Minister persons who the Senate considers would be appropriate for appointment by the Minister.
ss 8A–8H: Ins 2016 (194), Sch 1 [1].
8H
Official members
8H Official members
8H Official members
The official members of the Senate 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 2016 (194), Sch 1 [1].
9
Term of office
9 Term of office
9 Term of office
(1) Subject to this Act, a member of the Senate 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 Senate 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 Senate must be taken into account—
(a) by the Senate, when making the by-laws required under this section, and
(b) by the Minister and the Senate, when appointing members to the Senate.
(3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Senate otherwise resolves in relation to the person).
s 9: Subst 2004 No 115, Sch 7 [2]. Am 2005 No 98, Sch 2.69. Subst 2016 (194), Sch 1 [1].
Division 2
Other officers and bodies
Division 2 Other officers and bodies
Division 2 Other officers and bodies
pt 3, div 2, hdg: Ins 2016 (194), Sch 1 [1].
10
Chancellor
10 Chancellor
10 Chancellor
(1) Whenever a vacancy in the office of Chancellor occurs, the Senate must elect a person (whether or not a Fellow) 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 Fellow, holds office for such period (not exceeding 4 years), and on such conditions, as may be prescribed by the by-laws.
(3) The Chancellor has the functions conferred or imposed on the Chancellor by or under this or any other Act.
s 10: Am 2011 No 51, Sch 3.8 [1].
11
Deputy Chancellor
11 Deputy Chancellor
11 Deputy Chancellor
(1) Whenever a vacancy in the office of Deputy Chancellor occurs, the Senate must elect a Fellow 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 Fellow, holds office for such period (not exceeding 2 years), 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 3.8 [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 Senate 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 Fellows for the time being of the Senate at two consecutive ordinary meetings of the Senate.
(3) The Chancellor or Deputy Chancellor may be removed from office under this section despite section 26G (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 3.8 [3].
12
Vice-Chancellor
12 Vice-Chancellor
12 Vice-Chancellor
(1) Whenever a vacancy in the office of Vice-Chancellor occurs, the Senate must appoint a person (whether or not a Fellow) to be Vice-Chancellor of the University.
(2) The Vice-Chancellor, unless he or she sooner resigns as Vice-Chancellor, holds office for such period, and on such conditions, as the Senate 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.
(4) If a person who is not a Fellow is appointed at any time to act in the place of the Vice-Chancellor, that person is, while so acting, to be taken to be a Fellow.
13
Visitor
13 Visitor
13 Visitor
(1) The Governor is the Visitor of the University but has ceremonial functions only.
(2) Accordingly, the Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
s 13: Subst 1994 No 16, Sch 1.
14
Convocation
14 Convocation
14 Convocation
(1) Convocation consists of—
(a) the Fellows and former Fellows of the Senate,
(b) the graduates of the University,
(c) the persons referred to in section 34,
(d) 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
(e) such graduates of other universities, or other persons, as are, in accordance with the by-laws, admitted as members of Convocation.
(2) Subject to the by-laws, meetings of Convocation are to be convened and the business at the meetings is to be as determined by Convocation.
(3) A quorum at any meeting of Convocation is to be such number of members as may be prescribed by the by-laws.
(4) Convocation has such functions as may be prescribed by the by-laws.
(5) The Senate may establish a Standing Committee and such other committees of Convocation as it considers necessary.
15
Academic Board
15 Academic Board
15 Academic Board
(1) There is to be an Academic Board of the University, consisting of—
(a) the Vice-Chancellor, and
(b) such other persons as the Senate 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 Senate
Part 4 Functions of Senate
Part 4 Functions of Senate
16
Functions of Senate
16 Functions of Senate
16 Functions of Senate
(1A) The Senate—
(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 Senate to be best calculated to promote the object and interests of the University.
(1B) Without limiting the functions of the Senate under subsection (1A), the Senate is, in controlling and managing the affairs and concerns of the University—
(a) to monitor the performance of the Vice-Chancellor, and
(b) to oversee the University’s performance, and
(c) to oversee the academic activities of the University, and
(d) to approve the University’s mission, strategic direction, annual budget and business plan, and
(e) to oversee risk management and risk assessment across the University (including, if necessary, taking reasonable steps to obtain independent audit reports of entities in which the University has an interest but which it does not control or with which it has entered into a joint venture), and
(e1) without limiting paragraph (e), to enter into or participate in arrangements or transactions, or combinations of arrangements or transactions, to effect financial adjustments for the management of financial risks, and
(f) to approve and monitor systems of control and accountability for the University (including in relation to controlled entities within the meaning of section 16A), and
(g) to approve significant University commercial activities (within the meaning of section 26A), 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 Fellows a program of induction and of development relevant to their role as a Fellow.
(1) Without limiting the functions of the Senate under subsection (1A), the Senate may, for and on behalf of the University in the exercise of the University’s functions—
(a) provide such courses, and confer such degrees (including ad eundem degrees and honorary 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) authorise any other university or educational institution (whether in New South Wales or elsewhere) to confer degrees, or to award diplomas or other certificates, on behalf of the University,
(i) make loans and grants to students, and
(j) impose fees, charges and fines.
(2) The functions of the Senate 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 Senate.
Note—
Division 7.3 of the Government Sector Finance Act 2018 regulates the provision of annual reporting information to Parliament by the Senate and requires the Senate to report on the University’s operations.
s 16: Am 1996 No 24, Sch 1; 2001 No 101, Sch 7 [4]–[11]; 2004 No 115, Sch 7 [3]; 2014 No 43, Sch 1.7 [2]; 2017 No 22, Sch 1.28 [1] [2].
s 16, note: Ins 2004 No 115, Sch 7 [4]. Subst 2018 No 70, Sch 4.110[1].
16A
Controlled entities
16A Controlled entities
16A Controlled entities
(1) The Senate 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 Senate is permitted to do so by the Minister under this section.
(2) The Minister may, by order in writing, permit the Senate 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 Senate at its discretion.
(5A) The Senate 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 Senate 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 Senate.
s 17A: Ins 2001 No 101, Sch 7 [13]. Am 2018 No 70, Sch 4.110[3].
17B
Recommendations of Ombudsman or Auditor-General
17B Recommendations of Ombudsman or Auditor-General
17B Recommendations of Ombudsman or Auditor-General
The Senate must include in each annual report of the Senate as part of the report of its operations a report as to any action taken by the Senate 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 Senate or the University—
(a) whether or not the recommendation relates to a referral by the Minister under section 26E, and
(b) whether or not the recommendation relates to a University commercial activity (as defined in section 26A).
s 17B: Ins 2001 No 101, Sch 7 [13].
18
Powers of Senate relating to University property
18 Powers of Senate relating to University property
18 Powers of Senate relating to University property
(1) The Senate has the control and management of land and other property vested in the University.
(2) The Senate 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)–(5), dispose of or otherwise deal with the following—
(i) land vested in the University,
(ii) other property of the University.
(3) The Senate must not sell, mortgage, charge or lease relevant land without the Minister’s approval.
(4) Despite subsection (3), the Senate 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 Senate 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) A lease of land vested in the University, or a renewal of the lease, to a residential college affiliated with the University—
(a) must be for a term that is no more than 99 years, and
(b) must be at a nominal rent, and
(c) must contain a condition that the lease must not be assigned, and
(d) may contain other conditions the Senate considers necessary or appropriate.
(6) 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.
(7) In this section—
acquire includes acquire by purchase, gift, grant, bequest or devise.
other property means property other than land.
relevant land means land acquired by the University from the State at nominal or less than market value.
s 18: Am 1994 No 16, Sch 1; 2014 No 43, Sch 1.7 [3]–[5]; 2017 No 22, Sch 1.28 [3]; 2017 No 23, Sch 1.7. Subst 2024 No 66, Sch 7[2].
19
Powers of Senate over certain property vested in Crown
19 Powers of Senate over certain property vested in Crown
19 Powers of Senate 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 Senate has the control and management of that property and is responsible for its maintenance.
(2) Nothing in subsection (1) enables the Senate 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 Senate 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 Senate thinks fit.
(5) The Senate is, in the exercise of its functions under this section, subject to the control and direction of the Minister.
s 19: Am 2014 No 43, Sch 1.7 [6].
20
Acquisition of land
20 Acquisition of land
20 Acquisition of land
(1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) The Minister may do so only if the University—
(a) applies to the Minister for acquisition of the land, and
(b) makes provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).
(3) For the purposes of the Public Works Act 1912, any acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
(4) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this section.
s 20: Subst 1992 No 57, Sch 2.
21
Grant or transfer of certain land to University
21 Grant or transfer of certain land to University
21 Grant or transfer of certain land to University
(1) If land on which the University is conducted is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the land may—
(a) if it is vested in the Crown—be transferred to the University subject to such trusts, conditions, covenants, provisions, exceptions and reservations as the Minister for 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—
donor, in relation to a trust, means the person creating the trust, whether or not the trustee is a volunteer.
prize includes a scholarship or exhibition.
23
Trusts to which Division applies
23 Trusts to which Division applies
23 Trusts to which Division applies
This Division applies to a trust, whether created before or after the commencement of this section—
(a) by which any property is held—
(i) by the University on trust for a particular purpose, or
(ii) by any person on trust for the University for a particular purpose, and
(b) the terms of which, by reason of the death or incapacity of the donor or otherwise, could not, but for the provisions of this Division, be varied without the order of a court.
24
Variation of amount of prize, scholarship or exhibition
24 Variation of amount of prize, scholarship or exhibition
24 Variation of amount of prize, scholarship or exhibition
(1) If—
(a) by the terms of a trust for the award from time to time, out of the income from the trust property or its proceeds, of a prize, the prize to be awarded is a fixed amount of money, and
(b) in the opinion of the Senate, the value of the amount so fixed has been so affected by monetary inflation that it no longer reflects the intentions of the donor with respect to the value and significance of the prize,
the Senate may request the Minister to effect a variation of the amount of the prize.
(2) The Minister, if satisfied that it is just and equitable to do so, may determine to vary the amount of the prize in accordance with the Senate’s request.
(3) On delivery to the Senate of an instrument in writing signed by the Minister and specifying such a variation, the trust concerned is varied accordingly.
25
Variation of terms of trust
25 Variation of terms of trust
25 Variation of terms of trust
(1) If—
(a) by the terms of a trust, any property is held—
(i) on trust for a charitable purpose, or
(ii) on trust for a purpose of the University other than its general purposes, and
(b) in the opinion of the Senate, it is impossible or inexpedient to carry out or observe the terms of the trust, whether as to its purpose or any other of its terms,
the Senate may request the Minister to effect a variation of the terms of the trust.
(2) The Minister, if satisfied that it is just and equitable to do so, and with the concurrence of the Attorney General, may determine to vary the terms of the trust concerned in accordance with the Senate’s request.
(3) In the making of any such determination, regard is to be had—
(a) to the extent to which it may be necessary to depart from the terms of the trust concerned in order to avoid the impossibility or inexpediency complained of, and
(b) to what appear to have been the intentions of the donor in creating the trust.
(4) On delivery to the Senate of an instrument in writing signed by the Minister and specifying a variation of the terms of the trust concerned, the trust is varied accordingly.
26
Further variation
26 Further variation
26 Further variation
A trust that has been varied in accordance with this Division may, in the same manner, be further varied from time to time.
Division 4
Commercial activities
Division 4 Commercial activities
Division 4 Commercial activities
pt 4, div 4: Ins 2001 No 101, Sch 7 [14].
26A
Definitions
26A Definitions
26A Definitions
In this Division—
the Guidelines means the guidelines determined for the time being under section 26B.
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 26A: Ins 2001 No 101, Sch 7 [14]. Am 2014 No 43, Sch 1.7 [7].
26B
Guidelines for commercial activities
26B Guidelines for commercial activities
26B Guidelines for commercial activities
(1) The Senate must by resolution determine, and must maintain, Guidelines requiring specified processes and procedures to be followed in connection with University commercial activities.
(2) The Senate 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 Senate 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 26A,
(f) establishing a protocol regarding the rights and responsibilities of members of the Senate in relation to commercialisation, with a view to avoiding real or apparent conflicts of interest.
(4) The Senate must ensure that the Guidelines are complied with.
(5), (6) (Repealed)
s 26B: Ins 2001 No 101, Sch 7 [14]. Am 2014 No 43, Sch 1.7 [8] [9].
26C
Register of commercial activities
26C Register of commercial activities
26C Register of commercial activities
(1) The Senate 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 Senate 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 26C–26E: Ins 2001 No 101, Sch 7 [14].
26D
Reports to Minister on commercial activities
26D Reports to Minister on commercial activities
26D Reports to Minister on commercial activities
(1) The Minister may request a report from the Senate as to University commercial activities or as to any particular University commercial activity or aspect of a University commercial activity.
(2) The Senate must provide a report to the Minister in accordance with the Minister’s request.
ss 26C–26E: Ins 2001 No 101, Sch 7 [14].
26E
Referral of matters to Ombudsman or Auditor-General
26E Referral of matters to Ombudsman or Auditor-General
26E 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 Senate 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 26C–26E: Ins 2001 No 101, Sch 7 [14].
Part 4A
Duties of Fellows
Part 4A Duties of Fellows
Part 4A Duties of Fellows
pt 4A (ss 26F, 26G): Ins 2004 No 115, Sch 7 [8].
26F
Duties of Fellows
26F Duties of Fellows
26F Duties of Fellows
The Fellows have the duties set out in Schedule 2A.
pt 4A (ss 26F, 26G): Ins 2004 No 115, Sch 7 [8].
26G
Removal from office for breach of duty
26G Removal from office for breach of duty
26G Removal from office for breach of duty
(1) The Senate may remove a Fellow 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 Senate of which notice (including notice of the motion that the Fellow 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 Fellows for the time being.
(4) The motion for removal must not be put to the vote of the meeting unless the Fellow concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.
(5) If the Fellow 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 Fellow may not be removed from office by the Senate for breach of duty except pursuant to this section.
pt 4A (ss 26F, 26G): Ins 2004 No 115, Sch 7 [8].
Part 5
Establishment of academic colleges
Part 5 Establishment of academic colleges
Part 5 Establishment of academic colleges
27
Establishment of academic colleges
27 Establishment of academic colleges
27 Establishment of academic colleges
(1) The following academic colleges of the University are established—
Sydney Conservatorium of Music
Cumberland College of Health Sciences
Sydney College of the Arts
(2) The Governor may, by order published in the Gazette, establish—
(a) an educational institution set up by the University,
(b) any other public educational institution or body, or
(c) any part of any such institution or body,
as an academic college.
(3) If, before the establishment of an academic college, any property has been vested in or acquired by any person on trust for the purposes for which the college is established, the person may, when the college is established, convey or transfer the property to the University on trust to apply the property, or the proceeds of it or the income from it, for the benefit of the college.
s 27: Am 1993 No 70, sec 4; 2006 No 58, Sch 1.39.
28
Advisory councils
28 Advisory councils
28 Advisory councils
(1) An advisory council may be constituted for an academic college.
(2) An advisory council is to consist of no fewer than 10, and no more than 20, members.
(3) The members of an advisory council are to be appointed by the Senate.
(4) An advisory council has such functions as may be prescribed by the by-laws.
Part 6
General
Part 6 General
Part 6 General
29
Advance by Treasurer
29 Advance by Treasurer
29 Advance by Treasurer
The Treasurer may, with the approval of the Governor, advance to the Senate money for the temporary accommodation of the University on such terms and conditions in relation to repayment and interest as may be agreed upon.
29A
Stamp duty exemption
29A Stamp duty exemption
29A Stamp duty exemption
(1) Unless the Treasurer otherwise directs in a particular case, neither the University nor the Senate is liable to duty under the Duties Act 1997, in respect of anything done by the University or Senate 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 29A: Ins 2001 No 101, Sch 7 [15].
30
Financial year
30 Financial year
30 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.
31
No religious test or political discrimination
31 No religious test or political discrimination
31 No religious test or political discrimination
A person is not, because of his or her religious or political affiliations, views or beliefs, to be denied admission as a student of the University or to be taken to be ineligible to hold office in, to graduate from or to enjoy any benefit, advantage or privilege of the University.
32
Exemption from membership of body corporate or Convocation
32 Exemption from membership of body corporate or Convocation
32 Exemption from membership of body corporate or Convocation
A student or graduate of the University or a member of staff of the University is entitled to be exempted by the Senate, on grounds of conscience, from membership of the body corporate of the University or of Convocation, or both.
33
Re-appointment or re-election
33 Re-appointment or re-election
33 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.
34
Academic status
34 Academic status
34 Academic status
(1) Persons belonging to the following classes of persons have the same rights and privileges within the University as have Masters and Doctors—
(a) professors and other full-time members of the academic staff of the University,
(b) principals of the incorporated colleges,
(c) persons declared by the by-laws to be superior officers of the University.
(2) Persons who possess qualifications that are recognised by the by-laws as being of the same rank as the degree of Bachelor have the same rights and privileges within the University as have Bachelors.
35
Seal of University
35 Seal of University
35 Seal of University
The seal of the University is to be kept in such custody as the Senate may direct and is only to be affixed to a document pursuant to a resolution of the Senate.
Note—
Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
s 35: Am 2013 No 47, Sch 1.38 [1].
36
By-laws
36 By-laws
36 By-laws
(1) The Senate 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 Senate who are to be elected,
(c) the manner and time of convening, holding and adjourning the meetings of the Senate or Academic Board,
(d) the manner of voting (including postal voting or voting by proxy) at meetings of the Senate or Academic Board,
(e) the functions of the presiding member of the Senate or Academic Board,
(f) the conduct and record of business of the Senate or Academic Board,
(g) the appointment of committees of the Senate or Academic Board,
(h) the quorum and functions of committees of the Senate or Academic Board,
(i) the resignation of members of the Senate, 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 Senate 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, memberships, 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 discipline of academic and residential colleges,
(v) the classes and courses of instruction provided at academic colleges and the conduct of examinations at such colleges,
(w) the constitution and functions of advisory councils,
(x) the delegation of functions of the Senate to advisory councils,
(y) the affiliation with the University of any educational or research establishment,
(z) the creation of faculties, schools, departments, centres, institutes or other entities within the University,
(aa) the provision of schemes of superannuation for the officers and employees of the University,
(bb) the form and use of academic costume,
(cc) the form and use of an emblem of the University or of any body within or associated with the University,
(dd) the use of the seal of the University, and
(ee) the making, publication and inspection of rules.
(2) A by-law has no effect unless it has been approved by the Governor.
s 36: Am 1994 No 16, Sch 1; 2004 No 115, Sch 7 [9].
37
Rules
37 Rules
37 Rules
(1) The by-laws may empower any authority (including the Senate) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 8D (3) (a), 8E (4), 8F (2), 9 (1) (c) and (d), 10 (2), 14 (1), 16 (1) (d) and (e), 30 and 36 (1) (k) and clause 1 (1) (c) and (d) of Schedule 1 and clause 3 of that Schedule (to the extent it relates to appointments).
(1A) Despite subsection (1), only the Senate 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 36 (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 Senate must ensure that any election rule it makes is made readily available to the public by whatever means the Senate 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 Senate (whether or not the Senate 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 37: Subst 1994 No 16, Sch 1. Am 2004 No 115, Sch 7 [10]; 2014 No 43, Sch 1.7 [10]–[13]; 2016 (194), Sch 1 [2] [3].
38
Recovery of charges, fees and other money
38 Recovery of charges, fees and other money
38 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.
(3) The persons holding office as members of the Senate and Deputy Chancellor immediately before the repeal of the University and University Colleges Act 1900 cease to hold office as such on that repeal.
40
Savings and transitional provisions
40 Savings and transitional provisions
40 Savings and transitional provisions
(1) Schedule 3 has effect.
(2) For the purpose only of enabling the Senate to be duly constituted on or after the commencement of section 9, elections may be conducted and appointments made before that commencement as if—
(3) A Fellow who is elected or appointed to the Senate under this section does not assume office before the commencement of section 9.
(4) The Senate of the University of Sydney referred to in the University and University Colleges Act 1900 is to make the nomination for the purposes of section 9 (4) in respect of the first Senate to be constituted under this Act.
Schedule 1
Provisions relating to Fellows and to the procedure of the Senate
Schedule 1 Provisions relating to Fellows and to the procedure of the Senate
Schedule 1 Provisions relating to Fellows and to the procedure of the Senate
(Section 8A (3))
sch 1: Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2001 No 101, Sch 7 [16]; 2004 No 115, Sch 7 [11] [12]; 2011 No 51, Sch 3.8 [4] [5]; 2016 (194), Sch 1 [4] [5].
6A
Use of technology
6A Use of technology
6A Use of technology
(1) Without limiting clause 6, a meeting of the Senate may be called or held using any technology consented to by all the Fellows of the Senate.
(2) The consent may be a standing one.
(3) A Fellow may only withdraw his or her consent a reasonable period before the meeting.
(4) If the Fellows are not all in attendance at one place and are holding a meeting using technology that permits each Fellow to communicate with other Fellows—
(a) the Fellows are, for the purpose of every provision of this Act and by-laws concerning meetings of the Senate, taken to be assembled together at a meeting and to be present at that meeting, and
(b) all proceedings of those Fellows conducted in that manner are as valid and effective as if conducted at a meeting at which all of them were present.
Schedule 2
Investment
Schedule 2 Investment
Schedule 2 Investment
(Section 16)
sch 2: Subst 1989 No 179, Sch 1. Am 2001 No 101, Sch 7 [17]; 2014 No 43, Sch 1.7 [14] [15].
2A
Funds managers
2A Funds managers
2A Funds managers
(1) The Senate 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 Senate 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 Fellows
Schedule 2A Duties of Fellows
Schedule 2A Duties of Fellows
(Section 26F)
sch 2A: Ins 2004 No 115, Sch 7 [13]. Am 2008 No 23, Sch 3.51; 2010 No 19, Sch 3.120 [1] [2]; 2013 No 47, Sch 1.38 [2].
Schedule 3
Savings and transitional provisions
Schedule 3 Savings and transitional provisions
Schedule 3 Savings and transitional provisions
(Section 40)
sch 3: Am 1994 No 16, Sch 1; 2001 No 101, Sch 7 [18]; 2004 No 115, Sch 7 [14] [15]; 2007 No 82, Sch 4.25; 2014 No 43, Sch 1.7 [16] [17]; 2016 (194), Sch 1 [6]; 2016 No 55, Sch 3.36; 2017 No 22, Sch 1.28 [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.
10A
Repeal of Acts does not affect operation of savings and transitional provisions
10A Repeal of Acts does not affect operation of savings and transitional provisions
10A Repeal of Acts does not affect operation of savings and transitional provisions
(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
| Table | |
| Column 1 | Column 2 |
| University Amendment (Exhibitioners’ Fees) Act 1918 | Sections 1–3 |
| University Prizes and Medals Alteration Act 1917 | Section 2 and Schedule |
(2) The provisions listed in Column 2 of the Table to subclause (1) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
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 Sydney Act 1989.
2 Commencement
2 Commencement
2 Commencement
(1) This Act (section 40 (2)–(4) excepted) commences on a day or days to be appointed by proclamation.
(2) The provisions of section 40 (2)–(4) commence on the date of assent to this Act.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
academic college means a college established by or under Part 5.
advisory council means an advisory council established under Part 5.
Bachelor means any person on whom the degree of Bachelor has been conferred by the University.
commercial functions of the University means the commercial functions described in section 6 (3) (a).
Doctor means any person on whom the degree of Doctor has been conferred by the University.
Fellow means a member of the Senate.
incorporated college means Sancta Sophia College, St Andrew’s College, St John’s College, St Paul’s College, Wesley College or the Women’s College.
Master means any person on whom the degree of Master has been conferred by the University.
principal, in relation to an incorporated college, means the master, warden, rector or other person who is the head of the college.
residential college means an incorporated college or a college (other than an academic college) established under this Act.
Senate means the Senate of the University.
University means the University of Sydney 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) a person who is the recipient of a degree, or of such other diploma, award or certificate as may be prescribed by the by-laws, conferred or awarded by the University, or
Terms of office are prescribed: official members while they hold their positions, appointed members up to 4 years, elected staff and student members up to 2 years, and graduate members up to 4 years (s 9(1)). A 12-year consecutive service limit applies unless the Senate resolves otherwise (s 9(3)), with regard to be had to balancing experience and renewal (s 9(2)). The Chancellor is elected by the Senate for up to 4 years (s 10), the Deputy Chancellor for up to 2 years (s 11), and removal of either is possible by a two-thirds no-confidence motion at two consecutive meetings (s 11A). The Vice-Chancellor is the principal executive officer, appointed by the Senate (s 12). The Governor acts as Visitor with ceremonial functions only, explicitly deprived of dispute-resolution jurisdiction (s 13, as substituted in 1994).
Convocation comprises Fellows, graduates, certain former institution members, staff, and others admitted under by-laws, with functions prescribed by by-laws (s 14). An Academic Board is constituted with the Vice-Chancellor and others determined by the Senate (s 15).
The Senate acts for the University, controls its affairs, and must promote its object and interests (s 16(1A)). Specific responsibilities include monitoring the Vice-Chancellor, overseeing performance, academic activities, risk management (including independent audits of uncontrolled entities), approving mission, strategy, budget and plans, systems of control for controlled entities (s 16(1B)), approving significant commercial activities (s 16(1B)(g)), establishing policies, publishing grievance procedures, reviewing its own performance, adopting a statement of primary responsibilities, and providing induction for Fellows (s 16(1B)(a)–(l)). Operational powers include conferring degrees (including honorary), appointing staff, obtaining financial accommodation, investing funds, forming partnerships or joint ventures, authorising other institutions to confer awards on its behalf, making loans to students, and imposing fees (s 16(1)).
Controlled entities (as defined under the Government Sector Finance Act 2018) may not exercise unauthorised functions except with Ministerial permission (s 16A(1)–(2)), and the Senate must ensure their governing bodies have appropriate expertise, independence, strategies, and reporting protocols (s 16A(5A)). Delegation of Senate functions is permitted to members, committees, officers, or prescribed bodies, but sub-delegation is restricted; the Vice-Chancellor may sub-delegate if authorised (s 17, as substituted in 2024).
Property is under Senate control (s 18(1)). Acquisition, granting of easements, and disposal are authorised, but sale, mortgage, charge, or lease of "relevant land" (land acquired from the State at nominal or below-market value) requires Ministerial approval except for leases up to 21 years consistent with University functions, up to 99 years for utilities, planning agreements not dedicating land free of cost, or 99-year nominal-rent leases to affiliated residential colleges with non-assignment conditions (s 18(3)–(5)). The rule against remoteness of vesting does not apply to acquisition conditions (s 18(6)). Crown property used by the University is managed by the Senate but cannot be alienated without approval, though leasing up to 21 years (or longer with approval) is allowed (s 19). Land acquisition by the Minister on the University's application and at its cost uses the Land Acquisition (Just Terms Compensation) Act 1991 mechanism (s 20).
Trust variation provisions allow the Minister, on Senate request, to adjust prize amounts eroded by inflation (s 24) or vary trust terms where impossible or inexpedient to observe, having regard to donor intentions (s 25), with further variations possible (s 26). These apply to charitable or specific-purpose trusts where court variation would otherwise be required (s 23).
Commercial activities are regulated by Senate-determined Guidelines covering feasibility, governance, risk assessment, delegation limits, and conflict protocols (s 26B). A Register of University commercial activities must record descriptions, parties, appointments, approvals, and other details (s 26C). The Minister may request reports (s 26D) or refer matters to the Auditor-General or Ombudsman (s 26E). Fellows' duties are statutorily codified in Schedule 2A: acting in good faith for the University's best interests and proper purposes (cl 1), exercising care and diligence (cl 2), not improperly using position or information for personal or third-party advantage or University detriment (cll 3–4), and disclosing material interests with recusal obligations (cl 5). Breach may lead to removal by two-thirds Senate vote after notice and opportunity to reply (s 26G).
Academic colleges are established (Sydney Conservatorium of Music, Cumberland College of Health Sciences, Sydney College of the Arts) with power for the Governor to create others (s 27). Advisory councils of 10–20 Senate-appointed members may be formed (s 28). Ancillary provisions address Treasurer advances (s 29), stamp duty exemptions (s 29A), financial year (s 30), prohibition of religious or political tests (s 31), conscience-based exemption from corporate or Convocation membership (s 32), re-appointment rights (s 33), academic status equivalence for certain staff and qualified persons (s 34), seal custody (s 35), by-law making power on a wide range of matters including discipline, elections, fees, and superannuation (s 36), rule-making by authorised bodies (s 37, with election rules required to be democratic and publicly available), debt recovery (s 38), repeal of prior legislation (s 39), and savings/transitional arrangements (s 40 and Sch 3).
Schedules detail Senate procedure (Sch 1: vacation of office, filling vacancies, committees, liability protection, meetings via technology, quorum, voting, remuneration), investment powers including common funds and funds managers (Sch 2), and elaborate Fellows' duties with associate definitions for conflicts (Sch 2A). Savings provisions confirm continuity, preserve certain offices, and validate prior actions (Sch 3).
In aggregate, the Act provides a comprehensive constitutional, functional, governance, financial, and accountability framework that enables the University to operate autonomously while subjecting it to structured oversight, particularly in commercial and property domains.
Who it affects
The Act directly constitutes and binds the University of Sydney as a body corporate (s 5), its Senate (s 8A), Convocation (s 14), Academic Board (s 15), academic and residential colleges (ss 27, 5 definition of "residential college" and "incorporated college"), and controlled entities (s 16A). Fellows (Senate members) are subject to statutory duties, removal processes, and procedural rules (Part 4A, Sch 2A, Sch 1). The Chancellor, Deputy Chancellor, Vice-Chancellor, and Academic Board President/Deputy are assigned specific offices and functions (ss 10–12, 8H).
Staff categories—academic, non-academic, full-time—are designated by by-laws and gain representation on the Senate (s 8D, s 36(1)(k)), rights to facilities (s 7), and academic status equivalence (s 34(1)). Students elect Senate members, enjoy exemption rights on conscience grounds (s 32), access to loans, grievance procedures (s 16(1B)(i)), and discipline rules made under by-laws (s 36(1)(m)–(p)). Graduates form part of Convocation, may be elected to the Senate (s 8E), hold defined status (s 3(2)), and enjoy privileges equivalent to Masters or Doctors in certain cases (s 34).
The Minister exercises appointment powers (s 8G), approval over certain land dealings (s 18(3)), trust variations (ss 24–25), permission for controlled-entity functions (s 16A(2)), and referral powers to auditors or the Ombudsman (s 26E). The Governor establishes additional academic colleges by Gazette order (s 27(2)) and holds ceremonial Visitor status (s 13). The Treasurer may advance funds (s 29). External persons appointed to the Senate or advisory councils (ss 8F–8G, 28), funds managers (Sch 2 cl 2A), partners in joint ventures, and lessees of University land (including residential colleges under s 18(5)) are affected by the Act's commercial, property, and governance rules.
Broader community members benefit from or are subject to the University's public discourse role (s 6(2)(d)), cultural and vocational services (s 6(3)(b)), fee imposition and recovery (ss 16(1)(j), 38), and grievance publication requirements (s 16(1B)(i)). Former institutions amalgamated under the Higher Education (Amalgamation) Act 1989 have their graduates and staff integrated into University definitions (s 3(2), Sch 3 cl 5). Parliamentarians are barred from Ministerial appointment to the Senate (s 8G(2)). Donors of trusts are indirectly affected through variation mechanisms that consider their intentions (s 25(3)). Ultimately, the Act shapes the legal environment for anyone interacting with the University in an official, educational, commercial, or residential capacity.
Key duties and rights
Fellows' duties are exhaustively set out in Sch 2A. They must act in good faith in the University's best interests and for proper purposes (cl 1), honestly with reasonable care and diligence (cl 2), and refrain from improper use of position or information to gain advantage or cause detriment (cll 3–4). Material interest disclosure is mandatory; Fellows must declare conflicts at Senate meetings, abstain from deliberations and votes unless the Senate determines otherwise, and may not participate in determinations about their own recusal (Sch 2A cl 5). Associates (spouse, de facto partner, parent, child, sibling, business partner, friend, or their relatives if known) trigger materiality if a decision could confer benefit or detriment (cl 5(9)–(10)). These duties are enforceable by Senate removal (s 26G), which requires notice, opportunity to reply, and a two-thirds majority at two consecutive meetings; s 26G(3) and (6) make this the exclusive removal route for breach, overriding other provisions except for Chancellor/Deputy no-confidence motions under s 11A.
The Senate's rights and duties include controlling University affairs (s 16(1A)), monitoring and oversight obligations (s 16(1B)(a)–(e)), approving strategy and commercial activities (s 16(1B)(d), (g)), maintaining Guidelines and a Register for commercial activities (ss 26B–26C), ensuring controlled-entity stewardship (s 16A(5A)), and reporting Ombudsman/Auditor-General recommendations (s 17B). It may delegate (s 17), invest via common funds or managers (Sch 2), vary trusts on Ministerial approval (ss 24–26), and make by-laws and rules (ss 36–37).
The Chancellor presides at Senate meetings (Sch 1 cl 7), holds office up to 4 years, and may be removed by no-confidence (ss 10, 11A). The Deputy Chancellor substitutes during absence or vacancy (s 11). The Vice-Chancellor is principal executive officer with Senate-determined conditions (s 12). Students and staff have election rights to the Senate (s 8D), conscience-based exemption from corporate/Convocation membership (s 32), and access to published grievance and appeal information (s 16(1B)(i)). Graduates have Senate representation rights (s 8E) and Convocation membership (s 14(1)(b)). No person may be denied admission, office, graduation, or benefits on religious or political grounds (s 31). The University holds rights to confer degrees, impose and recover fees (ss 16(1), 38), acquire and manage property (ss 18–21), form commercial entities (s 6(3)(f)), and operate overseas (s 6(4)).
Ministerial rights include appointments (s 8G), land dealing approvals (s 18(3)), trust variations with Attorney General concurrence (s 25(2)), and referrals (s 26E). The Governor's ceremonial Visitor role explicitly excludes dispute jurisdiction (s 13(2)). Advisory councils exercise by-law prescribed functions (s 28(4)). All actions must align with the object's promotion (s 6(1)) and Senate's best-calculated manner (s 16(1A)(c)).
Penalties and enforcement
The Act contains no traditional criminal offence provisions or fixed monetary penalties. Enforcement is primarily internal, regulatory, and civil. Senate removal of a Fellow for Sch 2A duty breach under s 26G is the key sanction: it requires a duly noticed motion, opportunity to reply (or deemed opportunity if absent), and two-thirds support of the total number of Fellows at two consecutive ordinary meetings. Chancellor or Deputy Chancellor removal by no-confidence follows a similar two-thirds, two-meeting process (s 11A), expressly without needing to prove breach of duty and despite s 26G(6). Vacation of office occurs automatically on bankruptcy, mental incapacity, certain convictions, disqualification under Corporations Act 2001 Part 2D.6, absence from three consecutive meetings without excuse, or ceasing qualification (Sch 1 cl 2).
Civil recovery of fees, charges, and fines is available as a debt in any competent court (s 38). Breach of trust variation preconditions or controlled-entity restrictions (s 16A(1)) could expose the Senate to Ministerial intervention or referral to the Auditor-General or Ombudsman (ss 26D–26E, 17B), with mandatory inclusion of implementation reports in annual reports (s 17B). Non-compliance with commercial Guidelines (s 26B(4)) or Register duties (s 26C) may trigger Ministerial requests for reports or referrals, indirectly engaging the Ombudsman Act 1974 or Government Sector Audit Act 1983 via s 17A.
By-laws made under s 36(1)(a) for "management, good government and discipline" can impose fines (s 36(1)(n)), recoverable under s 38. Delegation restrictions (s 17(2)) and sub-delegation limits are enforced by the invalidity of unauthorised acts. Investment powers are constrained by Sch 2 and trust terms (Sch 2 cl 4); improper investment could found breach of duty proceedings under Sch 2A. Property dealings without required Ministerial approval (s 18(3)) are prohibited, though the Act does not expressly void them; instead, Senate control and Ministerial direction under s 19(5) provide levers. Ombudsman or Auditor-General recommendations must be actioned and reported (s 17B), creating political and reputational enforcement.
Schedule 1 cl 5 confers broad immunity on Fellows and others for good-faith acts or omissions in executing the Act. Contravention of conflict disclosure (Sch 2A cl 5) does not invalidate Senate decisions (cl 5(6)), limiting direct remedies. Overall, enforcement relies on internal Senate majorities, Ministerial oversight, audit/reporting obligations, debt recovery, and potential judicial review for breaches of statutory duty or procedural fairness in removal processes.
How it interacts with other laws
The Act is expressly subject to the Interpretation Act 1987 (note to s 3(1)), which supplies definitions and construction rules. It does not limit the Ombudsman Act 1974, Government Sector Finance Act 2018, or Government Sector Audit Act 1983 (s 17A). Annual reporting is regulated by Division 7.3 of the Government Sector Finance Act 2018 (note to s 16). Controlled entities are defined by reference to that Act (s 16A(6)).
Land acquisition engages the Land Acquisition (Just Terms Compensation) Act 1991 and Public Works Act 1912 (s 20). Stamp duty exemptions operate under the Duties Act 1997 (s 29A). Environmental Planning and Assessment Act 1979 s 7.4 planning agreements are carved out from Ministerial approval requirements (s 18(4)(c)). Corporations Act 2001 Part 2D.6 disqualification applies to Fellows (Sch 1 cl 2(g)).
By-laws and rules must be consistent with the Act (s 36(1), s 37(1)) and, for election rules, with "sound and democratic electoral practices" (s 37(1B)). Trust variation powers supplement equitable jurisdiction; the rule against remoteness of vesting is disapplied (s 18(6)). Commercial activities interact with competition and corporations law via joint ventures and partnerships (s 16(1)(f)), though the Act authorises them for University benefit.
The Higher Education (Amalgamation) Act 1989 is referenced for graduate definitions and transitional continuity (s 3(2), Sch 3 cll 2, 5). Prior University and University Colleges Act 1900 is repealed, with savings preserving the University's legal personality (s 39, Sch 3 cl 1). The Act's no religious test rule (s 31) reinforces anti-discrimination principles. Financial accommodation and risk management powers (s 16(1)(d), (1B)(e1)) interact with Treasurer advances (s 29) and stamp duty relief. Property provisions prevail over general Crown land rules but remain subject to Ministerial control for Crown-vested land (s 19(5)).
Schedule 3 cl 1A permits regulations for savings or transitional matters consequent on amendments. The Visitor's limited role (s 13(2)) removes traditional university visitorial jurisdiction, routing disputes to courts or the Ombudsman. Overall, the Act is designed to integrate with public finance, audit, planning, and corporations legislation while carving out specific autonomies for academic governance.
Recent changes and why
The amendment history embedded in the Act reveals a deliberate modernisation trajectory. The 2001 No 101 amendments (Sch 7) substantially substituted s 6 to expand the object and insert commercial functions (s 6(3)(a)), revenue generation (later s 6(3)(a1)), facilities provision (s 7), controlled entities regime (s 16A), and related oversight (ss 17A–17B). These changes responded to the need for universities to diversify revenue through IP commercialisation and joint ventures while imposing governance safeguards against uncontrolled risk.
2004 No 115 reforms introduced Part 4A and Sch 2A, codifying Fellows' duties and the s 26G removal mechanism, alongside Senate composition changes (then s 9). The stated rationale in transitional provisions (Sch 3 cl 14) was to align with contemporary expectations of board-like stewardship, conflict management, and accountability, mirroring corporations law standards. The 12-year consecutive service cap and balance of experience/new members (s 9(2)–(3)) were emphasised.
2014 No 43 amendments refined commercial Guidelines (s 26B), risk oversight (s 16(1B)(e)–(e1)), and financial accommodation language. 2016 (194) substituted the entire Senate constitution division (ss 8–8H), implementing standard governing body provisions to cap size at 22, mandate external majority, require expertise, and separate elected categories. This aligned the University with sector-wide reforms under the Universities Governing Bodies Act 2011 framework, aiming to improve agility, reduce size from historical levels, and enhance independence (see Sch 3 cl 18 transitional rules preserving existing Fellows' terms).
The 2024 No 66 amendments substituted s 17 (delegation, now expressly allowing Vice-Chancellor sub-delegation) and s 18 (property powers). New s 18 clarifies Senate authority over acquisition, easements, and disposal, relaxes Ministerial approval for defined leases (up to 21 years if consistent with s 6 functions, 99 years for utilities, planning agreements), and sets specific conditions for residential college leases. These changes address practical constraints on long-term infrastructure and commercial leasing identified in university operations, while retaining protections for "relevant land" acquired at nominal value. Transitional clauses in Sch 3 (cll 15–19) validate prior investments, Guidelines, and land dealings, ensuring continuity.
Collectively, amendments since 1989 have shifted the Act from a foundational statute to a flexible, risk-managed framework responsive to funding pressures, corporate governance norms, and infrastructure demands, without altering the core academic object.
Court challenges and controversies
The Act itself contains no reported judgments or specific controversy recitals; all analysis must be grounded in its text. Section 13(2), substituted in 1994, expressly strips the Governor (as Visitor) of "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)". This resolved historical controversies over visitorial jurisdiction by channeling disputes to courts, the Ombudsman, or internal processes, as reinforced by s 17A's preservation of Ombudsman and audit oversight.
Removal mechanisms have built-in procedural safeguards that could generate controversy: s 26G requires two consecutive meetings, notice of the specific motion, and opportunity to reply (or deemed opportunity if absent after due notice). The two-thirds majority of the total number of Fellows (not merely those present) sets a high bar, yet Sch 2A cl 5(6) provides that disclosure contraventions do not invalidate Senate decisions, potentially limiting remedies. Section 11A similarly permits Chancellor or Deputy Chancellor removal by no-confidence without proving breach, applying retrospectively to incumbents at commencement. These provisions reflect legislative intent to prioritise University interests over individual tenure, but could be contested on natural justice grounds if notice or reply rights are arguably insufficient.
Commercial activity referrals (s 26E) to the Auditor-General or as Ombudsman complaints have the potential to generate public controversy, especially where Senate commercial Guidelines (s 26B) or Register (s 26C) compliance is questioned. The mandatory reporting of any such recommendations and implementation steps (s 17B) creates transparency obligations that may fuel debate even absent formal findings. Property restrictions in s 18(3)–(5), distinguishing "relevant land" and carving out utilities and residential college leases, could spark disputes over characterisation of land or consistency with s 6 functions.
Senate size and composition reforms (ss 8B–8H, inserted 2016) altered long-standing representation balances; transitional provisions (Sch 3 cl 18) preserved existing Fellows but reset Ministerial appointee terms, potentially raising questions of continuity. The 12-year cap (s 9(3)) with Senate override resolution power may generate internal controversy where experience is prioritised over renewal. Conflict disclosure rules defining "associate" broadly (Sch 2A cl 5(10)) and excluding the Fellow from recusal determinations (cl 5(5)) are designed to prevent self-serving decisions but could be challenged if a Fellow disputes materiality.
Because the Act expressly preserves external accountability statutes (s 17A) and requires publication of grievance procedures (s 16(1B)(i)), controversies are more likely to surface through audit reports, Ombudsman investigations, or judicial review of Senate decisions for breach of statutory duty or procedural fairness rather than within the Act's four corners. No textually grounded cases are cited; the provisions themselves represent legislative responses to prior sector-wide governance debates.
Gotchas
Most practitioners assume Senate members are akin to company directors under the Corporations Act 2001, yet the Act deliberately creates a parallel but distinct regime. Sch 2A duties mirror directors' duties but are enforced solely through s 26G's two-meeting, two-thirds internal process; external civil remedies are not expressly created, and cl 5(6) protects the validity of decisions despite disclosure breaches. The "total number of Fellows" denominator for majorities (ss 8B(2), 9(3), 11A(2), 26G(3)) includes vacancies, raising the threshold unexpectedly.
"Relevant land" under s 18(7) is not limited to land acquired after 1989; any nominal-value acquisition from the State, however historical, triggers Ministerial approval requirements unless an exception in s 18(4)–(5) applies. The utilities carve-out (99-year lease) and planning agreement exception are narrowly drafted and require Senate satisfaction that the lease is "for the purposes of utilities infrastructure or utilities services"—a phrase not further defined, inviting characterisation disputes.
Commercial Guidelines (s 26B) and the Register (s 26C) are mandatory yet the Act permits the Senate to exempt classes of activities by resolution (s 26C(2)(a)). Once declared, however, compliance is non-discretionary, and Ministerial referral powers (s 26E) operate regardless of Senate self-assessment. Controlled entity stewardship obligations (s 16A(5A)) use "as far as is reasonably practicable"—a qualification that imports objective reasonableness but places the onus on the Senate to document compliance.
The 12-year cap (s 9(3)) runs consecutively across different categories; a Fellow moving from elected to appointed status does not reset the clock. Transitional provisions in Sch 3 cl 14(12) require pre-2004 service to be counted, a trap for long-serving members. By-law rule-making under s 36(1) is broad, but s 37(1) expressly withholds rule-making power for certain core matters (e.g. s 3(2) graduate definition, election qualifications) and reserves election rules exclusively to the Senate (s 37(1A)), rendering any purported delegation void.
The Visitor's ceremonial-only role (s 13(2)) extinguishes historical visitorial discretion over internal disputes, yet the Act does not oust general judicial review jurisdiction, creating a narrow window for litigation where statutory preconditions (e.g. two-thirds majorities, proper notice) are arguably unmet. Finally, stamp duty relief under s 29A is not absolute; the Treasurer may direct otherwise "in a particular case", an unreviewable discretion that can surprise parties structuring large transactions.
How to comply
Compliance begins with Senate adoption of a statement of primary responsibilities and a program of induction and ongoing development for Fellows (s 16(1B)(k)–(l)). All Fellows must receive and acknowledge Sch 2A duties; a standing conflict disclosure protocol should be maintained, with the Register of interests updated at each meeting and cl 5(3) book kept for public inspection on payment of a reasonable fee. Material interests must be declared as soon as facts are known; automatic recusal from deliberation and voting is safest unless the Senate expressly resolves otherwise after the interested Fellow has left the room (Sch 2A cl 5(4)–(5)).
Commercial activities require Senate resolution adopting Guidelines that address feasibility, due diligence, governance structures, risk assessment, delegation limits, and conflict protocols (s 26B(3)). Each activity must be entered in the Register with all prescribed particulars (s 26C(1)); exemptions should be narrowly drafted by class resolution. Significant commercial activities require explicit Senate approval (s 16(1B)(g)). Controlled entities must be mapped, their governing bodies audited for expertise and independence, and a written reporting protocol established (s 16A(5A)). Annual reports must address all Ombudsman and Auditor-General recommendations (s 17B).
Property transactions require classification of land as "relevant land". For any sale, mortgage, charge, or non-exempt lease, Ministerial approval must be obtained in writing before execution (s 18(3)). Leases to residential colleges must be capped at 99 years, nominal rent, non-assignable, and contain any additional Senate conditions (s 18(5)). Acquisitions should document consistency with s 6 functions. Trust funds may only be varied through the Ministerial request process in ss 24–25, with records of donor intention analysis.
Senate meetings must satisfy Sch 1 requirements: quorum is a majority of the total number of Fellows (cl 8); technology use requires unanimous prior consent (cl 6A); voting is simple majority of those present and voting (cl 9). By-laws and rules must be made consistently with the Act, approved by the Governor where required (s 36(2)), and election rules published promptly (s 37(1C)). Delegations must be documented, non-sub-delegable except where the Vice-Chancellor is expressly authorised, and confined to permitted recipients (s 17).
The financial year must be set by by-law or default to calendar year (s 30). Fees and charges are to be imposed by by-law, with exemption and deferral policies (s 36(1)(n)–(o)). Grievance procedures and appeal rights must be published accessibly (s 16(1B)(i)). Annual compliance certification to the Senate, coupled with risk registers addressing s 16(1B)(e), provides an auditable trail. For amendments, Sch 3 transitional clauses must be reviewed to ensure continuity of office and validity of prior acts. Regular legal health-checks against the latest consolidated version, including cross-checks with referenced Acts, are essential to avoid inadvertent breach of the expanding web of obligations.
(b) 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—
(i) 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
(ii) 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 7 [1]; 2004 No 115, Sch 7 [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 Senate,
(b) Convocation,
(c) the professors and full-time members of the academic staff of the University and such other members or classes of members of the staff of the University as the by-laws may prescribe, and
(d) the graduates and students of the University,
is established by this Act as a continuation of the University of Sydney established by Act 14 Vic No 31.
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 Sydney.
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 7 [2]. Am 2014 No 43, Sch 1.7 [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 7 [3].
Part 3 The Senate, authorities and officers of the University
Part 3 The Senate, authorities and officers of the University
Part 3 The Senate, authorities and officers of the University
Division 1 The Senate
Division 1 The Senate
Division 1 The Senate
pt 3, div 1, hdg: Ins 2016 (194), Sch 1 [1].
8 Definitions
8 Definitions
8 Definitions
In this Division—
appointed member means a Senate appointed member or a Ministerially appointed member.
categories of members—see section 8B (3).
constitution rules—see section 8B (4).
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.
Senate appointed member—see section 8F.
s 8: Subst 2016 (194), Sch 1 [1].
8A Senate
8A Senate
8A Senate
(1) There is to be a Senate of the University.
(2) The Senate 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 Senate.
ss 8A–8H: Ins 2016 (194), Sch 1 [1].
8B Size of Senate
8B Size of Senate
8B Size of Senate
(1) The Senate 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 Senate (the total number of members).
(3) The Senate is to include the following categories of members—
(a) official members,
(b) elected members,
(c) Senate 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 Senate (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 Senate.
(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 Senate must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.
ss 8A–8H: Ins 2016 (194), 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 Senate—
(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 Senate and an appreciation of the object, values, functions and activities of the University.
ss 8A–8H: Ins 2016 (194), 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 2016 (194), Sch 1 [1].
8E Graduate members
8E Graduate members
8E Graduate members
(1) At least one member of the Senate, 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 Senate 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 Senate under section 8F,
(c) by appointment by the Minister under section 8G.
(3) A rule providing for the appointment of a member by the Minister under section 8G may be made only with the approval of the Minister.
(4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.
ss 8A–8H: Ins 2016 (194), Sch 1 [1].
8F Senate appointed members
8F Senate appointed members
8F Senate appointed members
(1) The Senate may appoint as members of the Senate such number of external persons as is prescribed by the constitution rules for the category of Senate appointed members.
(2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.
ss 8A–8H: Ins 2016 (194), Sch 1 [1].
8G Ministerially appointed members
8G Ministerially appointed members
8G Ministerially appointed members
(1) The Minister may appoint as members of the Senate 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 Senate may suggest to the Minister persons who the Senate considers would be appropriate for appointment by the Minister.
ss 8A–8H: Ins 2016 (194), Sch 1 [1].
8H Official members
8H Official members
8H Official members
The official members of the Senate 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 2016 (194), Sch 1 [1].
9 Term of office
9 Term of office
9 Term of office
(1) Subject to this Act, a member of the Senate 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 Senate 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 Senate must be taken into account—
(a) by the Senate, when making the by-laws required
This is an opening excerpt, not the complete document.