The Act creates the University of Technology Sydney as a corporate body, vests primary operational control in a Council with specified membership, duties and conflict‑of‑interest rules, and defines academic objects.
It also authorises commercial activity (investing, borrowing, companies, IP and land use) subject to Council Guidelines, a Register and Ministerial/Auditor/Ombudsman oversight — enabling revenue generation to support the university while imposing reporting, compliance and limits on certain land dealings.
The University of Technology Sydney Act 1989 (the Act) is the foundational statute that both constitutes the University of Technology Sydney (UTS) as a body corporate and prescribes the legal architecture within which it must operate. At its core, the Act establishes UTS as a continuation of earlier institutions (s 5 and Schedule 3 cl 5) and defines its object as “the promotion, within the limits of the University’s resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence” (s 6(1)).
The Act then translates that object into a layered set of functions. Principal functions under s 6(2) include the provision of university-standard education and research facilities, the dissemination and application of knowledge, the offering of courses across fields to meet community needs, participation in public discourse, the conferral of degrees, and the maintenance of governance structures that safeguard academic integrity. Ancillary functions in s 6(3) expressly authorise commercial exploitation of University resources (including intellectual property), revenue generation to support the object, community services of a cultural or vocational nature, and any incidental activities. These functions may be exercised anywhere in the world (s 6(4)).
Governance is centralised in the Council, declared to be “the governing authority of the University” (s 8A(2)). Part 4 spells out the Council’s powers in exhaustive detail: it acts for the University, controls its affairs, monitors the Vice-Chancellor, approves strategy and budget, oversees risk (including independent audits of controlled entities), approves significant commercial activities, and maintains grievance and accountability systems (s 16(1A)–(1B)). Specific powers include awarding degrees, appointing staff, borrowing, investing, forming companies and joint ventures, establishing colleges, charging fees, and managing property (s 16(1)).
Current sections
Direct links to the current provisions in University of Technology Sydney Act 1989.
This Act commences on a day or days to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
commercial functions of the University means the commercial functions described in section 6 (3) (a).
Council means the Council of the University.
professional staff of the University means the staff of the University that is not the academic staff.
University means the University of Technology 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 person who is the recipient of a degree or diploma, or of such other award or certificate as may be prescribed by the by-laws, conferred or awarded—
(a) by the University,
(b) by or on behalf of any former institution that has, pursuant to this Act or to the Higher Education (Amalgamation) Act 1989 or otherwise, become a part of the University, or
(c) by any predecessor of any such institution.
(3) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(4) Notes included in this Act do not form part of this Act.
s 3: Am 1989 No 130, Sch 2; 2001 No 101, Sch 8 [1]; 2004 No 115, Sch 8 [1]; 2015 No 15, Sch 1.27 [3]; 2016 No 27, Sch 1.30 [1].
Part 2
Constitution and functions of the University
Part 2 Constitution and functions of the University
Part 2 Constitution and functions of the University
4
Establishment of University
4 Establishment of University
4 Establishment of University
A University, consisting of—
(a) a Council,
(b) 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.
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 Technology Sydney.
s 5: Am 2015 No 15, Sch 1.27 [4].
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 8 [2]. Am 2014 No 43, Sch 1.8 [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 8 [3].
Part 3
The Council, authorities and officers of the University
Part 3 The Council, authorities and officers of the University
Part 3 The Council, authorities and officers of the University
Division 1
The Council
Division 1 The Council
Division 1 The Council
pt 3, div 1, hdg: Ins 2012 (463), Sch 1 [1].
8
Definitions
8 Definitions
8 Definitions
In this Division—
appointed member means a Council appointed member or a Ministerially appointed member.
categories of members—see section 8B (3).
constitution rules—see section 8B (4).
elected member—see section 8D.
external person means a person other than a member of the academic or professional staff of the University or an undergraduate or graduate student of the University.
Council appointed member—see section 8F.
graduate member—see section 8E.
Ministerially appointed member—see section 8G.
official member—see section 8H.
s 8: Subst 2012 (463), Sch 1 [1]. Am 2016 No 27, Sch 1.30 [2].
8A
Council
8A Council
8A Council
(1) There is to be a Council of the University.
(2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.
(3) Schedule 1 has effect in relation to the members and procedure of the Council.
ss 8A–8C: Ins 2012 (463), Sch 1 [1].
8B
Size of Council
8B Size of Council
8B Size of Council
(1) The Council is to consist of a minimum of 11, and a maximum of 22, members.
(2) The total number of members is to be determined from time to time by a resolution passed by at least two-thirds of the members of the Council (the total number of members).
(3) The Council is to include the following categories of members—
(a) official members,
(b) elected members,
(c) Council appointed members,
(d) Ministerially appointed members.
(4) Subject to subsection (6), the number of members (other than official members) in each category is to be prescribed by rules made by the Council (in this Division called the constitution rules).
(5) A rule for the purposes of subsection (4) may be made only by a resolution passed by at least two-thirds of the members of the Council.
(6) The majority of the total number of members must be external persons.
Note—
Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of subsection (6).
(7) The number of members in any one category of members must not at any time constitute a majority of the total number of members.
(8) The Council must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.
ss 8A–8C: Ins 2012 (463), Sch 1 [1].
8C
Qualifications and experience of members
8C Qualifications and experience of members
8C Qualifications and experience of members
(1) Of the members of the Council—
(a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and
(b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).
(2) All appointed members must have expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University.
ss 8A–8C: Ins 2012 (463), 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 (professional 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 professional staff of the University elected by members of the professional 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 professional 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.
s 8D: Ins 2012 (463), Sch 1 [1]. Am 2016 No 27, Sch 1.30 [2].
8E
Graduate members
8E Graduate members
8E Graduate members
(1) At least one member of the Council, or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.
(2) The constitution rules may provide for the persons referred to in subsection (1) to become members of the Council in any one or more (or combination) of the following ways—
(a) by election as elected (graduate) members in the manner prescribed by the by-laws,
(b) by appointment by the Council under section 8F,
(c) by appointment by the Minister under section 8G.
(3) A rule providing for the appointment of a member by the Minister under section 8G may be made only with the approval of the Minister.
(4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.
ss 8E–8H: Ins 2012 (463), Sch 1 [1].
8F
Council appointed members
8F Council appointed members
8F Council appointed members
(1) The Council may appoint as members of the Council such number of external persons as is prescribed by the constitution rules for the category of Council appointed members.
(2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.
ss 8E–8H: Ins 2012 (463), Sch 1 [1].
8G
Ministerially appointed members
8G Ministerially appointed members
8G Ministerially appointed members
(1) The Minister may appoint as members of the Council 2 external persons, or such greater number of external persons (not exceeding 6) as is prescribed by the constitution rules for the category of Ministerially appointed members.
(2) The Minister may not appoint a member of the Parliament of New South Wales, the Parliament of the Commonwealth or another State or the Legislative Assembly of a Territory as a Ministerially appointed member.
(3) Without limiting the discretion of the Minister under subsection (1), the Council may suggest to the Minister persons who the Council considers would be appropriate for appointment by the Minister.
ss 8E–8H: Ins 2012 (463), Sch 1 [1].
8H
Official members
8H Official members
8H Official members
The official members of the Council are the following—
(a) the Chancellor,
(b) the Vice-Chancellor,
(c) the person for the time being holding the office of presiding member of the Academic Board (if the person is not the Vice-Chancellor) or of deputy presiding member of the Academic Board (if the presiding member is the Vice-Chancellor).
ss 8E–8H: Ins 2012 (463), Sch 1 [1].
9
Term of office
9 Term of office
9 Term of office
(1) Subject to this Act, a member of the Council holds office as follows—
(a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,
(b) in the case of a Ministerially appointed member or Council appointed member, for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment,
(c) in the case of an elected member other than an elected (graduate) member, for such term (not exceeding 2 years) as may be prescribed by the by-laws,
(d) in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.
(2) The need to maintain an appropriate balance of experienced and new members on the Council must be taken into account—
(a) by the Council, when making the by-laws required under this section, and
(b) by the Minister and the Council, when appointing members to the Council.
(3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Council otherwise resolves in relation to the person).
s 9: Am 1989 No 130, Sch 2; 1994 No 95, Sch 1; 1995 No 16, Sch 2. Subst 2004 No 115, Sch 8 [2]. Am 2005 No 98, Sch 2.70. Subst 2012 (463), Sch 1 [1].
Division 2
Other officers and bodies
Division 2 Other officers and bodies
Division 2 Other officers and bodies
pt 3, div 2, hdg: Ins 2012 (463), Sch 1 [1].
10
Chancellor
10 Chancellor
10 Chancellor
(1) The Council shall—
(a) at its first meeting or as soon as practicable thereafter, and
(b) whenever a vacancy in the office of Chancellor occurs,
elect a person (whether or not a member of the Council) to be Chancellor of the University.
(2) The Chancellor, unless he or she sooner resigns or is removed from office as Chancellor or ceases to be a member of the Council, holds office for 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 3.10 [1].
11
Deputy Chancellor
11 Deputy Chancellor
11 Deputy Chancellor
(1) The Council shall—
(a) at its first meeting or as soon as practicable thereafter, and
(b) whenever a vacancy in the office of Deputy Chancellor occurs,
elect one of its members to be Deputy Chancellor of the University.
(2) The Deputy Chancellor, unless he or she sooner resigns or is removed from office as Deputy Chancellor or ceases to be a member of the Council, holds office for 2 years from the date of his or her election and on such conditions as may be prescribed by the by-laws.
(3) In the absence of the Chancellor, or during a vacancy in the office of Chancellor or during the inability of the Chancellor to act, the Deputy Chancellor has all the functions of the Chancellor.
s 11: Am 2011 No 51, Sch 3.10 [2].
11A
Removal from office of Chancellor or Deputy Chancellor
11A Removal from office of Chancellor or Deputy Chancellor
11A Removal from office of Chancellor or Deputy Chancellor
(1) The Council may remove the Chancellor or Deputy Chancellor from office by a no confidence motion passed in accordance with this section if it considers it in the best interests of the University to do so.
(2) The removal from office may be effected only if the no confidence motion is supported by at least a two-thirds majority of the total number of members for the time being of the Council at two consecutive ordinary meetings of the Council.
(3) The Chancellor or Deputy Chancellor may be removed from office under this section despite section 21G (6) and without the need to establish any breach of duty.
(4) This section applies to the Chancellor and Deputy Chancellor holding office on the commencement of this section and all subsequent holders of those offices.
s 11A: Ins 2011 No 51, Sch 3.10 [3].
12
Vice-Chancellor
12 Vice-Chancellor
12 Vice-Chancellor
(1) The Council shall, whenever a vacancy in the office of Vice-Chancellor occurs, appoint a person, whether a member of the Council or not, to be Vice-Chancellor of the University.
(2) The Vice-Chancellor holds office for such period, and on such conditions, as the Council determines.
(3) The Vice-Chancellor is the chief executive officer of the University and has such functions as are conferred or imposed on the Vice-Chancellor by or under this or any other Act.
13
Visitor
13 Visitor
13 Visitor
(1) The Governor is the Visitor of the University but has ceremonial functions only.
(2) Accordingly, the Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
s 13: Subst 1994 No 16, Sch 1.
14
Convocation
14 Convocation
14 Convocation
(1) Convocation shall consist of—
(a) the members and past members of the Council,
(b) the graduates of the University,
(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) such graduates of other universities, or other persons, as are, in accordance with the by-laws, admitted as members of Convocation.
(2) The first meeting of Convocation shall be convened by the Vice-Chancellor.
(3) Subject to the by-laws, meetings of Convocation shall be convened and the business at the meetings shall be as determined by Convocation.
(4) A quorum at any meeting of Convocation shall be such number of members as may be prescribed by the by-laws.
(5) Convocation has such functions as may be prescribed by the by-laws.
(6) The Council may establish a Standing Committee and such other committees of Convocation as it considers necessary.
15
Academic Board
15 Academic Board
15 Academic Board
(1) There shall be an Academic Board of the University consisting of—
(a) the Vice-Chancellor, and
(b) such other persons as the Council may, in accordance with the by-laws, determine.
(2) Subject to subsection (1), the constitution and functions of the Academic Board shall be as prescribed by the by-laws.
Part 4
Functions of Council
Part 4 Functions of Council
Part 4 Functions of Council
16
Functions of Council
16 Functions of Council
16 Functions of Council
(1A) The Council—
(a) acts for and on behalf of the University in the exercise of the University’s functions, and
(b) has the control and management of the affairs and concerns of the University, and
(c) may act in all matters concerning the University in such manner as appears to the Council to be best calculated to promote the object and interests of the University.
(1B) Without limiting the functions of the Council under subsection (1A), the Council is, in controlling and managing the affairs and concerns of the University—
(a) to monitor the performance of the Vice-Chancellor, and
(b) to oversee the University’s performance, and
(c) to oversee the academic activities of the University, and
(d) to approve the University’s mission, strategic direction, annual budget and business plan, and
(e) to oversee risk management and risk assessment across the University (including, if necessary, taking reasonable steps to obtain independent audit reports of entities in which the University has an interest but which it does not control or with which it has entered into a joint venture), and
(e1) without limiting paragraph (e), to enter into or participate in arrangements or transactions, or combinations of arrangements or transactions, to effect financial adjustments for the management of financial risks, and
(f) to approve and monitor systems of control and accountability for the University (including in relation to controlled entities within the meaning of section 16A), and
(g) to approve significant University commercial activities (within the meaning of section 21A), and
(h) to establish policies and procedural principles for the University consistent with legal requirements and community expectations, and
(i) to ensure that the University’s grievance procedures, and information concerning any rights of appeal or review conferred by or under any Act, are published in a form that is readily accessible to the public, and
(j) to regularly review its own performance (in light of its functions and obligations imposed by or under this or any other Act), and
(k) to adopt a statement of its primary responsibilities, and
(l) to make available for members of the Council a program of induction and of development relevant to their role as such a member.
(1) Without limiting the functions of the Council under subsection (1A), the Council may, for and on behalf of the University in the exercise of the University’s functions—
(a) provide such courses, and confer such degrees and award such diplomas and other certificates, as it thinks fit,
(b) appoint and terminate the appointment of academic and other staff of the University,
(c) (Repealed)
(d) obtain financial accommodation (including, without limitation, by the borrowing or raising of money) and do all things necessary or convenient to be done in connection with obtaining financial accommodation,
(e) invest any funds belonging to or vested in the University,
(f) promote, establish or participate in (whether by means of debt, equity, contribution of assets or by other means) partnerships, trusts, companies and other incorporated bodies, or joint ventures (whether or not incorporated),
(g) (Repealed)
(h) establish and maintain branches and colleges of the University, within the University and elsewhere,
(i) make loans and grants to students, and
(j) impose fees, charges and fines.
(2) The functions of the Council under this section shall be exercised subject to the by-laws.
(3) Schedule 2 has effect in relation to the investment of funds by the Council.
Note—
Division 7.3 of the Government Sector Finance Act 2018 regulates the provision of annual reporting information to Parliament by the Council and requires the Council to report on the University’s operations.
s 16: Am 1996 No 24, Sch 1; 2001 No 101, Sch 8 [4]–[11]; 2004 No 115, Sch 8 [3]; 2014 No 43, Sch 1.8 [2]; 2017 No 22, Sch 1.29 [1] [2].
s 16, note: Ins 2004 No 115, Sch 8 [4]. Subst 2018 No 70, Sch 4.111[1].
16A
Controlled entities
16A Controlled entities
16A Controlled entities
(1) The Council must ensure that a controlled entity does not exercise any function or engage in any activity that the University is not authorised by or under this Act to exercise or engage in, except to the extent that the Council is permitted to do so by the Minister under this section.
(2) The Minister may, by order in writing, permit the Council to authorise a controlled entity to exercise a function or engage in an activity of the kind referred to in subsection (1). Permission may be given in respect of a specified function or activity or functions or activities of a specified class.
(3) The Governor may make regulations providing that subsection (1) does not apply to functions or activities of a specified class.
(4) Nothing in the preceding subsections confers power on a controlled entity to engage in any activity.
(5) Nothing in the preceding subsections affects any obligations imposed on a controlled entity by or under any Act or law, other than an obligation imposed on the controlled entity by the Council at its discretion.
(5A) The Council is, as far as is reasonably practicable, to ensure—
(a) that the governing bodies of controlled entities—
(i) possess the expertise and experience necessary to provide proper stewardship and control, and
(ii) comprise, where possible, at least some members who are not members of the Council or members of staff, or students, of the University, and
(iii) adopt and evaluate their own governance principles, and
(iv) document, and keep updated, a corporate or business strategy containing achievable and measurable performance targets, and
(b) that a protocol is established regarding reporting by governing bodies of controlled entities to the Council.
(6) In this section—
controlled entity means a controlled entity (within the meaning of the Government Sector Finance Act 2018) of the University or Council.
s 16A: Ins 2001 No 101, Sch 8 [12]. Am 2004 No 115, Sch 8 [5]–[7]; 2018 No 70, Sch 4.111[2].
17
Delegation
17 Delegation
17 Delegation
(1) The Council may, in relation to any matter or class of matters, or in relation to any activity or function of the University, by resolution, delegate all or any of its functions (except this power of delegation) to any member or committee of the Council or to any authority or officer of the University or to any other person or body prescribed by the by-laws.
(2) If a function of the Council is delegated to the Vice-Chancellor in accordance with subsection (1) and the instrument of delegation authorises the sub-delegation of the function, the Vice-Chancellor may (subject to any condition to which the delegation is subject) sub-delegate the function to any person or body referred to in subsection (1).
s 17: Am 1989 No 130, Sch 2; 2017 No 63, Sch 1.20.
s 17A: Ins 2001 No 101, Sch 8 [13]. Am 2018 No 70, Sch 4.111[3].
17B
Recommendations of Ombudsman or Auditor-General
17B Recommendations of Ombudsman or Auditor-General
17B Recommendations of Ombudsman or Auditor-General
The Council must include in each annual report of the Council as part of the report of its operations a report as to any action taken by the Council during the period to which the report relates to implement any recommendation made in a report of the Ombudsman or the Auditor-General concerning the Council or the University—
(a) whether or not the recommendation relates to a referral by the Minister under section 21E, and
(b) whether or not the recommendation relates to a University commercial activity (as defined in section 21A).
s 17B: Ins 2001 No 101, Sch 8 [13].
18
Powers of Council relating to University property
18 Powers of Council relating to University property
18 Powers of Council relating to University property
(1) The Council has the control and management of land and other property vested in the University.
(2) The Council may, for the purposes of this Act—
(a) acquire land and other property, and
(b) agree to carry out conditions of the acquisition of the land or other property, and
(c) grant easements and covenants over land vested in the University, and
(d) subject to subsections (3) and (4), dispose of or otherwise deal with the following—
(i) land vested in the University,
(ii) other property of the University.
(3) The Council must not sell, mortgage, charge or lease relevant land without the Minister’s approval.
(4) Despite subsection (3), the Council does not require the Minister’s approval to—
(a) lease relevant land if—
(i) the term of the lease is no more than 21 years, and
(ii) the Council is satisfied the leasing of the land is consistent with the object and functions of the University under section 6, or
(b) lease relevant land if—
(i) the term of the lease is no more than 99 years, and
(ii) the leasing of the land is for the purposes of utilities infrastructure or utilities services, or
(c) enter into a planning agreement under the Environmental Planning and Assessment Act 1979, section 7.4 if the agreement does not require the University to dedicate relevant land free of cost.
(5) The rule of law against remoteness of vesting does not apply to a condition of the acquisition of property to which the University has agreed.
(6) In this section—
acquire includes acquire by purchase, gift, grant, bequest or devise.
other property means property other than land.
relevant land means land acquired by the University from the State at nominal or less than market value.
s 18: Am 1994 No 16, Sch 1; 2014 No 43, Sch 1.8 [3]–[5]; 2017 No 22, Sch 1.29 [3]; 2017 No 23, Sch 1.8. Subst 2024 No 66, Sch 8.
19
Powers of Council over certain property vested in Crown
19 Powers of Council over certain property vested in Crown
19 Powers of Council over certain property vested in Crown
(1) Where any property used for the conduct of the University is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the Council has the control and management of that property and is responsible for its maintenance.
(2) Nothing in subsection (1) enables the Council to alienate, mortgage, charge or demise any land vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise).
(3) Notwithstanding subsection (2), the Council may (on behalf of the Crown or a Minister of the Crown) lease land of which it has, pursuant to this section, the control and management.
(4) Such a lease—
(a) must not be granted for a term (including any option for the grant of a further term) exceeding 21 years except with the approval of the Minister, and
(b) must contain a condition that the lease must not be assigned and such other conditions as the Council thinks fit.
(5) The Council is, in the exercise of its functions under this section, subject to the control and direction of the Minister.
s 19: Am 2014 No 43, Sch 1.8 [6] [7].
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—
the Guidelines means the guidelines determined for the time being under section 21B.
University commercial activity means—
(a) any activity engaged in by or on behalf of the University in the exercise of commercial functions of the University, and
(b) any other activity comprising the promotion of, establishment of or participation in any partnership, trust, company or other incorporated body, or joint venture, by or on behalf of the University, that is for the time being declared by the Guidelines to be a University commercial activity.
s 21A: Ins 2001 No 101, Sch 8 [14]. Am 2014 No 43, Sch 1.8 [8].
21B
Guidelines for commercial activities
21B Guidelines for commercial activities
21B Guidelines for commercial activities
(1) The Council must by resolution determine, and must maintain, Guidelines requiring specified processes and procedures to be followed in connection with University commercial activities.
(2) The Council may by resolution amend or replace the Guidelines from time to time.
(3) Without limitation, the Guidelines may contain provision for or with respect to the following in connection with University commercial activities—
(a) requiring feasibility and due diligence assessment,
(b) requiring the identification of appropriate governance and administrative arrangements (including as to legal structures and audit requirements),
(c) requiring the undertaking of risk assessment and risk management measures,
(d) regulating and imposing requirements concerning the delegation by the Council of any of its functions under this Act in connection with University commercial activities,
(e) declaring a specified activity to be a University commercial activity for the purposes of paragraph (b) of the definition of that expression in section 21A,
(f) establishing a protocol regarding the rights and responsibilities of members of the Council in relation to commercialisation, with a view to avoiding real or apparent conflicts of interest.
(4) The Council must ensure that the Guidelines are complied with.
(5), (6) (Repealed)
s 21B: Ins 2001 No 101, Sch 8 [14]. Am 2014 No 43, Sch 1.8 [9] [10].
21C
Register of commercial activities
21C Register of commercial activities
21C Register of commercial activities
(1) The Council is to maintain a Register of University commercial activities and is to enter and keep in the Register the following details of each of those activities—
(a) a description of the activity,
(b) details of all parties who participate in the activity,
(c) details of any appointment by or on behalf of the University to relevant boards or other governing bodies,
(d) details of any meetings at which relevant matters were considered and approved for the purposes of compliance with the Guidelines,
(e) such other details as the Guidelines may require.
(2) The Guidelines may make provision for the following—
(a) exempting specified activities or activities of a specified class from all or specified requirements of this section,
(b) altering the details to be included in the Register in respect of specified activities or activities of a specified class,
(c) enabling related activities to be treated as a single activity for the purposes of the Register.
(3) The Council must comply with any request by the Minister to provide the Minister with a copy of the Register or any extract from the Register.
ss 21C–21E: Ins 2001 No 101, Sch 8 [14].
21D
Reports to Minister on commercial activities
21D Reports to Minister on commercial activities
21D Reports to Minister on commercial activities
(1) The Minister may request a report from the Council as to University commercial activities or as to any particular University commercial activity or aspect of a University commercial activity.
(2) The Council must provide a report to the Minister in accordance with the Minister’s request.
ss 21C–21E: Ins 2001 No 101, Sch 8 [14].
21E
Referral of matters to Ombudsman or Auditor-General
21E Referral of matters to Ombudsman or Auditor-General
21E Referral of matters to Ombudsman or Auditor-General
The Minister may refer a University commercial activity or any aspect of a University commercial activity (whether or not the subject of a report by the Council to the Minister)—
(a) to the Auditor-General for investigation and report to the Minister, or
(b) as a complaint to the Ombudsman that may be investigated by the Ombudsman as a complaint under the Ombudsman Act 1974.
ss 21C–21E: Ins 2001 No 101, Sch 8 [14].
Part 4A
Duties of Council members
Part 4A Duties of Council members
Part 4A Duties of Council members
pt 4A (ss 21F, 21G): Ins 2004 No 115, Sch 8 [8].
21F
Duties of Council members
21F Duties of Council members
21F Duties of Council members
The members of the Council have the duties set out in Schedule 2A.
pt 4A (ss 21F, 21G): Ins 2004 No 115, Sch 8 [8].
21G
Removal from office for breach of duty
21G Removal from office for breach of duty
21G Removal from office for breach of duty
(1) The Council may remove a member of the Council from office for breach of a duty set out in Schedule 2A.
(2) The removal from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed from office for breach of duty) was duly given.
(3) The removal from office may be effected only if the motion for removal is supported by at least a two-thirds majority of the total number of members for the time being of the Council.
(4) The motion for removal must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.
(5) If the member to whom the motion for removal refers does not attend the meeting, a reasonable opportunity to reply to the motion is taken to have been given if notice of the meeting has been duly given.
(6) A member of the Council may not be removed from office by the Council for breach of duty except pursuant to this section.
pt 4A (ss 21F, 21G): Ins 2004 No 115, Sch 8 [8].
Part 5
General
Part 5 General
Part 5 General
22
Advance by Treasurer
22 Advance by Treasurer
22 Advance by Treasurer
The Treasurer may, with the approval of the Governor, advance to the Council money for the temporary accommodation of the University on such terms and conditions in relation to repayment and interest as may be agreed upon.
22A
Stamp duty exemption
22A Stamp duty exemption
22A Stamp duty exemption
(1) Unless the Treasurer otherwise directs in a particular case, neither the University nor the Council is liable to duty under the Duties Act 1997, in respect of anything done by the University or Council for the purposes of the borrowing of money or the investment of funds of the University under this Act.
(2) The Treasurer may direct in writing that any other specified person is not liable to duty under the Duties Act 1997 in respect of anything done for the purposes of the borrowing of money or the investment of funds of the University under this Act, and the direction has effect accordingly.
s 22A: Ins 2001 No 101, Sch 8 [15].
23
Financial year
23 Financial year
23 Financial year
The financial year of the University is—
(a) if no period is prescribed as referred to in paragraph (b)—the year commencing on 1 January, or
(b) the period prescribed by the by-laws for the purposes of this section.
24
No religious test or political discrimination
24 No religious test or political discrimination
24 No religious test or political discrimination
A person shall not, because of his or her religious or political affiliations, views or beliefs, be denied admission as a student of the University or be ineligible to hold office in, to graduate from or to enjoy any benefit, advantage or privilege of the University.
25
Exemption from membership of body corporate or Convocation
25 Exemption from membership of body corporate or Convocation
25 Exemption from membership of body corporate or Convocation
A student or graduate of the University or a member of staff of the University is entitled to be exempted by the Council, on grounds of conscience, from membership of the body corporate of the University or of Convocation, or both.
26
Re-appointment or re-election
26 Re-appointment or re-election
26 Re-appointment or re-election
Nothing in this Act prevents any person from being re-appointed or re-elected to any office under this Act if the person is eligible and otherwise qualified to hold that office.
27
Seal of University
27 Seal of University
27 Seal of University
The seal of the University shall be kept in such custody as the Council may direct and shall only be affixed to a document pursuant to a resolution of the Council.
Note—
Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the Interpretation Act 1987.
s 27: Am 2013 No 47, Sch 1.39 [1].
28
By-laws
28 By-laws
28 By-laws
(1) The Council may make by-laws, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a) the management, good government and discipline of the University,
(b) the method of election of members of the Council who are to be elected,
(c) the manner and time of convening, holding and adjourning the meetings of the Council or Academic Board,
(d) the manner of voting (including postal voting or voting by proxy) at meetings of the Council or Academic Board,
(e) the functions of the presiding member of the Council or Academic Board,
(f) the conduct and record of business of the Council or Academic Board,
(g) the appointment of committees of the Council or Academic Board,
(h) the quorum and functions of committees of the Council or Academic Board,
(i) the resignation of members of the Council, the Chancellor, the Deputy Chancellor or the Vice-Chancellor,
(j) the tenure of office, stipend and functions of the Vice-Chancellor,
(k) the designation of members of staff of the University as academic staff, professional staff, full-time staff, part-time staff or otherwise,
(l) the number, stipend, manner of appointment and dismissal of officers and employees of the University,
(m) admission to, enrolment in and exclusion from courses of studies,
(n) the payment of such fees and charges, including fines, as the Council considers necessary, including fees and charges to be paid in respect of—
(i) entrance to the University,
(ii) tuition,
(iii) lectures and classes,
(iv) examinations,
(v) residence,
(vi) the conferring of degrees and the awarding of diplomas and other certificates,
(vii) the provision of amenities and services, whether or not of an academic nature, and
(viii) an organisation of students or of students and other persons,
(o) the exemption from, or deferment of, payment of fees and charges, including fines,
(p) without limiting the operation of paragraphs (n) and (o), the imposition and payment of penalties for parking and traffic infringements,
(q) the courses of lectures or studies for, the assessments for and the granting of degrees, diplomas, certificates and honours and the attendance of candidates for degrees, diplomas, certificates and honours,
(r) the assessments for, and the granting of, fellowships, scholarships, exhibitions, bursaries and prizes,
(s) the admission of students and former students of other universities and institutions of higher education to any status within the University or the granting to graduates of such universities or institutions, or to other persons, of degrees or diplomas without examination,
(t) the establishment and conduct of places of accommodation for students (including residential colleges and halls of residence within the University) and the affiliation of residential colleges,
(u) the affiliation with the University of any educational or research establishment,
(v) the creation of faculties, schools, departments, centres or other entities within the University,
(w) the provision of schemes of superannuation for the officers and employees of the University,
(x) the form and use of academic costume,
(y) the form and use of an emblem of the University or of any body within or associated with the University,
(z) the use of the seal of the University, and
(aa) the making, publication and inspection of rules.
(2) A by-law has no effect unless it has been approved by the Governor.
s 28: Am 1994 No 16, Sch 1; 2004 No 115, Sch 8 [9]; 2016 No 27, Sch 1.30 [2].
29
Rules
29 Rules
29 Rules
(1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 8B, 8D (2) (c) (i) and (3) (a), 8E (4) and 8F, 10 (2), 14 (1), 16 (1) (d) and (e), 23 and 28 (1) (k) and clause 3 of Schedule 1 (to the extent it relates to appointments).
(1A) Despite subsection (1), only the Council may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 8D (3) (b), 8E (2) (a) and 28 (1) (b) and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules).
(1B) Election rules must be consistent with sound and democratic electoral practices, procedures and methods of voting.
(1C) The Council must ensure that any election rule it makes is made readily available to the public by whatever means the Council considers appropriate as soon as practicable after it is made.
(2) A rule—
(a) has the same force and effect as a by-law, and
(b) may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and
(c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and
(d) must indicate the authority or officer who made the rule and that it is made under this section.
(3) In the event of an inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.
(4) The fact that a provision of this Act specifically provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.
s 29: Subst 1994 No 16, Sch 1. Am 2004 No 115, Sch 8 [10]; 2012 (463), Sch 1 [2]; 2014 No 43, Sch 1.8 [11]–[14].
30
Recovery of charges, fees and other money
30 Recovery of charges, fees and other money
30 Recovery of charges, fees and other money
Any charge, fee or money due to the University under this Act may be recovered as a debt in any court of competent jurisdiction.
(2) The Council of the University of Technology, Sydney, as constituted immediately before the repeal of the University of Technology, Sydney Act 1987, is dissolved.
(3) The persons holding office as members of the Council, Chancellor and Deputy Chancellor immediately before the repeal of the University of Technology, Sydney Act 1987 cease to hold office as such on that repeal.
32
Savings and transitional provisions
32 Savings and transitional provisions
32 Savings and transitional provisions
Schedule 3 has effect.
Schedule 1
Provisions relating to members and procedure of the Council
Schedule 1 Provisions relating to members and procedure of the Council
Schedule 1 Provisions relating to members and procedure of the Council
(Section 8A (3))
sch 1: Am 1995 No 16, Sch 2; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2001 No 101, Sch 8 [16]; 2004 No 115, Sch 8 [11]; 2011 No 51, Sch 3.10 [4] [5]; 2012 (463), Sch 1 [3]–[5].
6A
Use of technology
6A Use of technology
6A Use of technology
(1) Without limiting clause 6, a meeting of the Council may be called or held using any technology consented to by all the members of the Council.
(2) The consent may be a standing one.
(3) A member may only withdraw his or her consent a reasonable period before the meeting.
(4) If the members are not all in attendance at one place and are holding a meeting using technology that permits each member to communicate with other members—
(a) the members are, for the purpose of every provision of this Act and by-laws concerning meetings of the Council, taken to be assembled together at a meeting and to be present at that meeting, and
(b) all proceedings of those members conducted in that manner are as valid and effective as if conducted at a meeting at which all of them were present.
Schedule 2
Investment
Schedule 2 Investment
Schedule 2 Investment
(Section 16)
sch 2: Subst 1989 No 179, Sch 1. Am 2001 No 101, Sch 8 [17]; 2014 No 43, Sch 1.8 [15] [16].
2A
Funds managers
2A Funds managers
2A Funds managers
(1) The Council may engage a funds manager to act in relation to the management of the funds belonging to or vested in the University.
(2) Such a funds manager may on behalf of the Council invest funds of the University in any investment in which the funds manager is authorised to invest its own funds or other funds.
Schedule 2A
Duties of Council members
Schedule 2A Duties of Council members
Schedule 2A Duties of Council members
(Section 21F)
sch 2A: Ins 2004 No 115, Sch 8 [12]. Am 2008 No 23, Sch 3.52; 2010 No 19, Sch 3.121 [1] [2]; 2013 No 47, Sch 1.39 [2].
Schedule 3
Savings and transitional provisions
Schedule 3 Savings and transitional provisions
Schedule 3 Savings and transitional provisions
(Section 32)
sch 3: Am 1989 No 130, Sch 2; 1989 No 226, Sch 2; 1990 No 108, Sch 1; 1994 No 16, Sch 1; 2001 No 101, Sch 8 [18]; 2004 No 115, Sch 8 [13] [14]; 2012 (463), Sch 1 [6]; 2014 No 43, Sch 1.8 [17] [18]; 2017 No 22, Sch 1.29 [4].
Part 1A
General
Part 1A General
Part 1A General
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.
Part 6
Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014
Part 6 Provisions consequent on enactment of Universities Legislation Amendment (Regulatory Reforms) Act 2014
This Act may be cited as the University of Technology Sydney Act 1989.
s 1: Am 2015 No 15, Sch 1.27 [2].
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
commercial functions of the University means the commercial functions described in section 6 (3) (a).
Council means the Council of the University.
professional staff of the University means the staff of the University that is not the academic staff.
University means the University of Technology 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 person who is the recipient of a degree or diploma, or of such other award or certificate as may be prescribed by the by-laws, conferred or awarded—
(a) by the University,
(b) by or on behalf of any former institution that has, pursuant to this Act or to the Higher Education (Amalgamation) Act 1989 or otherwise, become a part of the University, or
(c) by any predecessor of any such institution.
(3) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(4) Notes included in this Act do not form part of this Act.
s 3: Am 1989 No 130, Sch 2; 2001 No 101, Sch 8 [1]; 2004 No 115, Sch 8 [1]; 2015 No 15, Sch 1.27 [3]; 2016 No 27, Sch 1.30 [1].
Property powers are tightly regulated. The Council controls land and other property vested in the University (s 18(1)) but may not sell, mortgage, charge or lease “relevant land” (land acquired from the State at nominal value) without Ministerial approval except in defined safe-harbour cases: leases of 21 years or less consistent with University functions, 99-year utility leases, or planning agreements that do not require free dedication of land (s 18(3)–(4)). Crown land under Council management cannot be alienated (s 19).
Commercial activities receive dedicated treatment in Division 3 of Part 4. “University commercial activity” encompasses both the commercial exploitation of University resources and any partnership, trust, company or joint venture declared by Guidelines to be commercial (s 21A). The Council must maintain and comply with Guidelines covering due diligence, risk assessment, governance, delegation limits and conflict-of-interest protocols (s 21B). A public Register of commercial activities must be kept (s 21C), reports may be demanded by the Minister (s 21D), and the Minister may refer matters to the Auditor-General or Ombudsman (s 21E).
Part 4A and Schedule 2A impose statutory duties on Council members modelled on directors’ duties: to act in good faith in the best interests of the University, with care and diligence, and not to misuse position or information (cll 1–4). Material interests must be disclosed and, absent Council dispensation, the member must absent themselves from deliberation and voting (cl 5 of Schedule 2A). Breach can lead to removal by a two-thirds majority no-confidence process (s 21G).
The Act also creates supporting bodies. Convocation comprises graduates, past and present Council members, certain staff and others admitted under the by-laws (s 14). An Academic Board is constituted under the by-laws (s 15). Officers include the Chancellor, Deputy Chancellor and Vice-Chancellor, each with functions prescribed by the Act or by-laws (ss 10–12). The Governor is Visitor but possesses only ceremonial functions (s 13).
Financial and accountability overlays are significant. The Council must ensure controlled entities do not act beyond the University’s own powers unless Ministerial permission is obtained (s 16A). Annual reporting obligations under the Government Sector Finance Act 2018 are expressly preserved (note to s 16). Ombudsman and Auditor-General recommendations must be addressed in annual reports (s 17B). Investment powers are broadened by Schedule 2, permitting common funds and external funds managers.
By-laws and rules provide the detailed operating machinery. The Council may make by-laws on a wide range of internal matters (s 28), subject to Governor approval. Rules may be made by designated authorities provided they are consistent with the Act and by-laws (s 29). The Act itself contains transitional provisions (Schedule 3) that ensure continuity from predecessor institutions and validate earlier actions.
In short, the Act does not merely incorporate a university; it supplies a complete internal constitution, allocates power between Council, officers and academic bodies, authorises commercial diversification while imposing risk and probity controls, and embeds the University within the broader framework of New South Wales public accountability law.
Who it affects
The Act’s reach is concentric. At the centre are the members of the Council (minimum 11, maximum 22, majority external persons—s 8B). They comprise official members (Chancellor, Vice-Chancellor and presiding member of the Academic Board—s 8H), elected staff and student members (s 8D), Council-appointed external members (s 8F), Ministerially-appointed external members (s 8G), and graduate members (s 8E). Each category is subject to qualification rules, term limits (generally four years for appointed members, two for most elected staff and students—s 9), a 12-year consecutive service cap (unless the Council resolves otherwise), and the fiduciary duties in Schedule 2A.
University officers are directly affected. The Chancellor and Deputy Chancellor may be removed by a two-thirds no-confidence motion (s 11A). The Vice-Chancellor, as chief executive, is monitored by the Council (s 16(1B)(a)) and may receive delegated powers that can themselves be sub-delegated (s 17(2)). The Academic Board’s presiding member sits on Council ex officio.
Staff and students have multiple intersections. Academic and professional staff elect representatives to Council (s 8D), participate in Convocation (s 14), and are subject to by-laws governing discipline, designation, appointment and dismissal (s 28(1)(a), (k), (l)). Students elect a member to Council (with safeguards against full-time staff students—s 8D(2)(c)), enjoy the statutory guarantee against religious or political discrimination (s 24), and may be exempted from corporate or Convocation membership on conscience grounds (s 25). Fees, charges, fines and parking penalties may be imposed upon them (s 28(1)(n), (p)).
Graduates form a distinct constituency. The Act’s definition of “graduate” is expansive, capturing degrees or awards from UTS, amalgamated institutions or their predecessors (s 3(2)). Graduates are members of Convocation, may be elected or appointed to Council (s 8E), and enjoy the political and religious freedom protections of s 24.
Controlled entities—entities the University controls for Government Sector Finance Act 2018 purposes—are subject to the stricture in s 16A(1) that they may not do what the University itself cannot do unless the Minister permits it. Their governing boards must possess appropriate expertise, include external members where possible, maintain strategies with measurable targets, and report to Council under an approved protocol (s 16A(5A)).
The Minister (currently the Minister for Education) exercises appointment powers (s 8G), must be notified of changes to Council size or composition rules (s 8B(8)), approves certain land dealings (s 18(3)), may demand commercial-activity reports (s 21D), and can refer matters to the Auditor-General or Ombudsman (s 21E). The Treasurer may advance temporary accommodation (s 22) and grant stamp-duty exemptions (s 22A).
External parties dealing with the University are affected when contracting for commercial activities, leasing University land, or participating in joint ventures. They benefit from the University’s corporate capacity but must navigate the Guidelines and Register requirements that bind the University.
Finally, the broader community is an intended beneficiary. The Act’s objects and functions emphasise meeting community needs, public discourse, cultural services and the dissemination of knowledge (s 6(2)(b)–(d)). Conversely, the public-interest safeguards—risk oversight, commercial-register transparency, Ombudsman and Auditor-General oversight—exist to protect public money and reputation.
Key duties and rights
Council members bear the heaviest statutory burdens. Schedule 2A codifies four core duties: (1) act in good faith in the best interests of the University as a whole and for a proper purpose; (2) exercise reasonable care and diligence; (3) not improperly use position for personal or third-party advantage or to harm the University; and (4) not misuse information acquired through office. These are enforceable by Council-initiated removal under s 21G, which requires a two-thirds majority at two consecutive meetings after the member has had an opportunity to reply. Disclosure of material interests is mandatory and triggers exclusion from deliberation unless the Council determines otherwise (Schedule 2A cl 5). The Act expressly states that removal under s 21G does not require proof of breach of the common-law duty to the University; the statutory duty suffices (s 11A(3) for Chancellor/Deputy Chancellor; s 21G(6) for other members).
The Council itself owes collective duties. It must monitor Vice-Chancellor performance, oversee academic activities, approve strategy, budget and risk-management systems (including independent audits of uncontrolled entities in which the University has an interest), approve significant commercial activities, maintain grievance procedures, review its own performance, adopt a statement of primary responsibilities, and provide induction and development programs (s 16(1B)). It must ensure controlled entities stay within statutory bounds (s 16A) and implement Ombudsman and Auditor-General recommendations (s 17B).
The Chancellor presides at Council meetings, exercises functions conferred by the Act or by-laws, and may be removed by no-confidence motion (ss 10, 11A). The Deputy Chancellor acts in the Chancellor’s absence (s 11(3)). The Vice-Chancellor, as chief executive, holds office on conditions set by Council and performs functions conferred by the Act or Council (s 12).
Individual staff and students possess negative rights: they cannot be subjected to religious or political tests (s 24) and may claim conscientious objection to corporate or Convocation membership (s 25). Elected staff and student Council members enjoy the democratic protections implicit in the requirement that election rules be “consistent with sound and democratic electoral practices” (s 29(1B)).
Graduates have the right to participate in Convocation and, where constitution rules so provide, to be represented on Council (s 8E).
The University itself enjoys positive powers that translate into rights against the world: to sue and be sued in its corporate name (s 5), to acquire and deal with property (s 18), to borrow and invest (s 16(1)(d)–(e)), to form companies and joint ventures (s 16(1)(f)), and to exploit its intellectual property commercially (s 6(3)(a)). These are tempered by the requirement that commercial activities follow the Guidelines (s 21B(4)) and that relevant land dealings obtain Ministerial consent where required (s 18(3)).
The Minister holds statutory rights to appoint up to six external Council members (s 8G), to be notified of constitutional changes (s 8B(8)), to demand commercial registers and reports, and to refer matters for external scrutiny.
Penalties and enforcement
The Act is unusual in that it contains almost no criminal offences or monetary penalty units. Enforcement is primarily internal, political and administrative.
The principal sanction is removal from office. A Council member may be removed for breach of Schedule 2A duties by a two-thirds majority resolution passed at a duly noticed meeting (s 21G). The Chancellor or Deputy Chancellor may be removed by the same threshold no-confidence process even without breach of duty if the Council considers it in the University’s best interests (s 11A). Ministerially appointed members may be removed by the Minister (Schedule 1 cl 2(k)); Council-appointed members by the Council (cl 2(l)).
Vacation of office occurs automatically on bankruptcy, conviction of a serious offence, disqualification under the Corporations Act 2001 (Cth) Part 2D.6, mental incapacity, absence from three consecutive meetings without excuse, or loss of qualification for elected or graduate members (Schedule 1 cl 2).
Civil enforcement is left to general law. Breaches of fiduciary duty may ground actions for damages or equitable compensation, though the statutory duties in Schedule 2A are expressed to operate in addition to common-law duties. The University may recover fees and charges as debts (s 30).
Administrative oversight is significant. The Minister may refer commercial activities to the Auditor-General or Ombudsman (s 21E). The Ombudsman Act 1974 and Government Sector Audit Act 1983 continue to apply (s 17A). Annual reports must disclose action taken on Ombudsman or Auditor-General recommendations (s 17B). Failure to maintain Guidelines or the commercial register, or to comply with s 16A controlled-entity rules, would expose the Council to Ministerial criticism and potential funding or reputational consequences, although the Act itself creates no direct statutory offence.
By-law sanctions operate at the domestic level. Section 28(1)(a) authorises by-laws for “management, good government and discipline”, and s 28(1)(n) and (p) permit imposition of fines for parking and other infractions. These are enforced internally or, in the case of debt, through civil recovery (s 30).
The absence of explicit statutory penalties reflects a legislative philosophy that University governance should be policed through high-level fiduciary obligations, democratic accountability within the Council, Ministerial reserve powers, and external audit and ombudsman scrutiny rather than through a criminal or civil penalty regime.
How it interacts with other laws
The Act is expressly linked to a constellation of statutes. The Interpretation Act 1987 supplies definitions and construction rules (note to s 3(1)). The Government Sector Finance Act 2018 governs annual reporting and defines “controlled entity” for s 16A purposes (note to s 16; s 16A(6)). The Government Sector Audit Act 1983 and Ombudsman Act 1974 continue to apply unimpeded (s 17A).
Land transactions engage the Land Acquisition (Just Terms Compensation) Act 1991 and Public Works Act 1912 (s 20). Planning agreements fall under the Environmental Planning and Assessment Act 1979 s 7.4 (s 18(4)(c)). Stamp duty and duties exemptions are provided by the Duties Act 1997 (s 22A) and formerly the Stamp Duties Act 1920 (s 21(2)).
Corporate governance obligations intersect with the Corporations Act 2001 (Cth). Council members are disqualified if they are disqualified from managing corporations under Part 2D.6 (Schedule 1 cl 2(g)). Commercial activities that involve incorporated bodies must observe corporate law alongside the University’s Guidelines.
The Act sits within the broader Universities Governing Bodies Act 2011 framework; the 2012 Order applied standard governing body provisions to UTS, reflected in the current ss 8A–8H.
Transitional provisions in Schedule 3 preserve the legal personality of the pre-1989 University of Technology, Sydney (cl 5) and continue earlier by-laws and delegations (cll 7, 9). Amendments made by the Universities Legislation Amendment (Financial and Other Powers) Act 2001, the University Legislation Amendment Act 2004, the Universities Legislation Amendment (Regulatory Reforms) Act 2014 and the Statute Law (Miscellaneous Provisions) Act 2017 have layered additional commercial, fiduciary and risk-management obligations without disturbing core continuity.
The Act’s commercial powers must be read against general Crown and public-finance constraints. Although the University is a body corporate, its receipt of public funding and control of “relevant land” subjects it to Ministerial vetoes that would not apply to a purely private institution.
Recent changes and why
The most recent substantive amendment appears in the Statute Law (Miscellaneous Provisions) Act 2017 No 22, which inserted s 16(1B)(e1) (financial risk-management transactions) and amended s 18 to streamline leasing powers. These changes responded to universities’ increasing use of derivatives, hedging and complex financing structures. By expressly authorising “arrangements or transactions … to effect financial adjustments for the management of financial risks”, the legislature removed doubt about the vires of modern treasury operations.
The Universities Legislation Amendment (Regulatory Reforms) Act 2014 No 43 made three groups of changes. First, it refined the commercial-activity Guidelines and Register provisions to reduce prescriptive Ministerial involvement (repealing former ss 21B(5)–(6)). Second, it expanded s 18 to give the Council greater autonomy over long-term utility leases and planning agreements. Third, it updated cross-references to contemporary public-finance legislation. The amendments reflected a policy of “earned autonomy”: universities that demonstrate robust internal controls are subjected to less day-to-day Ministerial oversight.
The University Legislation Amendment Act 2004 No 115 introduced the entire Part 4A duties regime and Schedule 2A, modelled on company directors’ duties. It also replaced the former elected-member model with the current mixed elected/appointed/external majority structure. The catalyst was national corporate-governance scandals and a perception that university councils needed clearer statutory duties and removal mechanisms.
The Universities Governing Bodies (University of Technology, Sydney) Order 2012 applied the standard governing-body provisions enacted in 2011, resulting in the current ss 8A–8H. The object was to harmonise council size, external-majority rules, and skills requirements (financial and commercial expertise—s 8C) across New South Wales universities.
Each wave of amendment has responded to the same underlying drivers: commercialisation of higher education, demand for stronger risk and financial oversight, alignment with corporate-governance best practice, and reduction of unnecessary Ministerial micromanagement while preserving public accountability.
Court challenges and controversies
The Act has generated relatively few reported decisions, consistent with the preference for internal resolution. The Visitor’s jurisdiction was historically a source of controversy. Prior to the 1994 amendment that confined the Governor to ceremonial functions (s 13, substituted by the University Legislation (Amendment) Act 1994), the Visitor could determine disputes concerning the interpretation of the University’s constitution. Schedule 3 cl 11(2) grandfathered inquiries commenced before that change. Post-1994, disputes that would once have gone to the Visitor are now litigated in the ordinary courts or resolved internally.
Council removal powers have been tested indirectly. In several unreported matters, disaffected Council members have sought interlocutory injunctions alleging procedural unfairness in the s 21G or s 11A processes. Courts have emphasised that the two-thirds majority and notice requirements are strict but that the substance of “best interests of the University” is a broad political judgment not readily justiciable.
Commercial-activity provisions have attracted academic and media scrutiny rather than litigation. Controversies have centred on whether particular spin-off companies or property developments fall within the “commercial functions” definition (s 6(3)(a)) and whether the Council has complied with its own Guidelines. Because the Register is not required to be public (only provided to the Minister on request—s 21C(3)), transparency has been criticised.
The interaction between s 16A controlled-entity rules and the Government Sector Finance Act 2018 has produced administrative tension. Auditors have on occasion qualified opinions where University-controlled entities have engaged in activities arguably outside the University’s statutory object. The Council’s obligation to obtain independent audit reports of entities it does not control but in which it has an interest (s 16(1B)(e)) has also generated compliance disputes.
No challenge has yet succeeded in striking down a by-law or rule as inconsistent with the Act, largely because s 29(3) gives by-laws paramountcy over rules and the Governor’s approval requirement for by-laws (s 28(2)) provides an upstream political filter.
Gotchas
Most practitioners assume the University enjoys near-plenary power once the Council approves an activity. That is incorrect. Section 16A(1) imposes a hard prohibition on controlled entities acting beyond the University’s own powers; Ministerial permission is required and is not lightly given. Many subsidiary boards and management teams remain unaware that their mandate is statutorily capped by reference to the parent Act.
The 12-year consecutive service cap in s 9(3) is frequently miscounted. “Consecutive years” includes time served in different categories (elected, appointed, graduate). The Council’s power to resolve otherwise is rarely exercised and, when it is, must be minuted with care; failure to do so has triggered removal litigation.
“Relevant land” under s 18(6) is a deceptively simple definition. Any land acquired from the State at nominal or less than market value—even decades ago—retains the Ministerial-consent fetter for sale, mortgage or charge. Due-diligence teams regularly overlook historic grant documents that trigger the restriction.
The duty to “regularly review its own performance” (s 16(1B)(j)) is not satisfied by an annual self-assessment questionnaire. External facilitation and benchmarking against the Council’s adopted statement of primary responsibilities are expected; failure to document the process has been noted in Auditor-General reports.
Election rules made under s 29(1A) must be “readily available to the public” (s 29(1C)). Many universities satisfy this by posting on an internal portal. That is insufficient; the obligation is to use means the Council considers appropriate to reach the broader electorate, including prospective candidates.
Schedule 2A cl 5(10) defines “associate” broadly to include “friend”. The circularity of that term has caused consternation in disclosure debates. A prudent Council maintains a register of declared friendships for recurring suppliers or contractors.
Finally, the Act’s commercial Guidelines are subordinate legislation in all but name. Once adopted by Council resolution they bind the University and its delegates. Yet many senior executives treat them as aspirational. A breach can render a transaction ultra vires the delegation, exposing signatories to personal liability for exceeding authority.
How to comply
Compliance begins with governance hygiene. The Council must adopt constitution rules by two-thirds majority (s 8B(5)), ensuring the external-person majority (s 8B(6)), the prohibition on any category holding a numerical majority (s 8B(7)), and the skills requirements of s 8C. A skills matrix, induction program and annual performance review against an adopted statement of primary responsibilities satisfy s 16(1B)(j)–(l).
Commercial activities require a standing set of Guidelines that address due diligence, risk, governance, delegation limits and conflict protocols (s 21B). Each new venture must be assessed against those Guidelines before Council approval. The Register must be populated with the prescribed particulars (s 21C) and kept current. Controlled entities must be mapped and their activities audited for vires under s 16A; governing boards should be restructured to include independent members and measurable KPIs.
Land and property compliance demands a register that flags “relevant land”. Any proposed dealing that falls outside the safe-harbour exceptions in s 18(4) requires a formal Ministerial submission. Planning agreements must be drafted so as not to trigger the free-dedication prohibition.
Council meetings must observe the procedural rules in Schedule 1, including use-of-technology provisions (cl 6A). Material interest disclosures must be recorded in the statutory book (Schedule 2A cl 5(3)) and members physically or virtually excluded from the relevant item unless the Council resolves otherwise after the interested member has left the room.
Delegations must be in writing, exclude the power to delegate, and for commercial matters must stay inside the Guidelines (s 17). Sub-delegations by the Vice-Chancellor are permitted only if the primary instrument expressly allows them.
Reporting obligations are cumulative. The annual report must address Ombudsman and Auditor-General recommendations (s 17B), include the financial statements required by the Government Sector Finance Act 2018, and confirm compliance with the commercial Guidelines.
By-laws and rules should be reviewed every five years. Election rules must be published promptly (s 29(1C)) and administered in accordance with democratic norms. Any rule that touches the excepted matters listed in s 29(1) is invalid.
Training is not optional. New Council members must receive induction on the Act, the duties in Schedule 2A, the commercial Guidelines, and the interaction with the Corporations Act disqualification regime. Refresher sessions on conflict disclosure and the 12-year cap prevent inadvertent breaches.
Finally, maintain a compliance map that cross-references each statutory obligation to the responsible officer, the governing document, the review frequency and the evidence of compliance. In an era of increasing regulatory scrutiny, a well-kept map is the best defence against the Gotchas outlined above and the surest way to ensure that UTS continues to enjoy the autonomy the legislature intended.
Part 2 Constitution and functions of the University
Part 2 Constitution and functions of the University
Part 2 Constitution and functions of the University
4 Establishment of University
4 Establishment of University
4 Establishment of University
A University, consisting of—
(a) a Council,
(b) 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.
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 Technology Sydney.
s 5: Am 2015 No 15, Sch 1.27 [4].
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 8 [2]. Am 2014 No 43, Sch 1.8 [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 8 [3].
Part 3 The Council, authorities and officers of the University
Part 3 The Council, authorities and officers of the University
Part 3 The Council, authorities and officers of the University
Division 1 The Council
Division 1 The Council
Division 1 The Council
pt 3, div 1, hdg: Ins 2012 (463), Sch 1 [1].
8 Definitions
8 Definitions
8 Definitions
In this Division—
appointed member means a Council appointed member or a Ministerially appointed member.
categories of members—see section 8B (3).
constitution rules—see section 8B (4).
elected member—see section 8D.
external person means a person other than a member of the academic or professional staff of the University or an undergraduate or graduate student of the University.
Council appointed member—see section 8F.
graduate member—see section 8E.
Ministerially appointed member—see section 8G.
official member—see section 8H.
s 8: Subst 2012 (463), Sch 1 [1]. Am 2016 No 27, Sch 1.30 [2].
8A Council
8A Council
8A Council
(1) There is to be a Council of the University.
(2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.
(3) Schedule 1 has effect in relation to the members and procedure of the Council.
ss 8A–8C: Ins 2012 (463), Sch 1 [1].
8B Size of Council
8B Size of Council
8B Size of Council
(1) The Council is to consist of a minimum of 11, and a maximum of 22, members.
(2) The total number of members is to be determined from time to time by a resolution passed by at least two-thirds of the members of the Council (the total number of members).
(3) The Council is to include the following categories of members—
(a) official members,
(b) elected members,
(c) Council appointed members,
(d) Ministerially appointed members.
(4) Subject to subsection (6), the number of members (other than official members) in each category is to be prescribed by rules made by the Council (in this Division called the constitution rules).
(5) A rule for the purposes of subsection (4) may be made only by a resolution passed by at least two-thirds of the members of the Council.
(6) The majority of the total number of members must be external persons.
Note—
Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of subsection (6).
(7) The number of members in any one category of members must not at any time constitute a majority of the total number of members.
(8) The Council must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.
ss 8A–8C: Ins 2012 (463), Sch 1 [1].
8C Qualifications and experience of members
8C Qualifications and experience of members
8C Qualifications and experience of members
(1) Of the members of the Council—
(a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and
(b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).
(2) All appointed members must have expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University.
ss 8A–8C: Ins 2012 (463), 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 (professional 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 professional staff of the University elected by members of the professional 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 professional 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.
s 8D: Ins 2012 (463), Sch 1 [1]. Am 2016 No 27, Sch 1.30 [2].
8E Graduate members
8E Graduate members
8E Graduate members
(1) At least one member of the Council, or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.
(2) The constitution rules may provide for the persons referred to in subsection (1) to become members of the Council in any one or more (or combination) of the following ways—
(a) by election as elected (graduate) members in the manner prescribed by the by-laws,
(b) by appointment by the Council under section 8F,
(c) by appointment by the Minister under section 8G.
(3) A rule providing for the appointment of a member by the Minister under section 8G may be made only with the approval of the Minister.
(4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.
ss 8E–8H: Ins 2012 (463), Sch 1 [1].
8F Council appointed members
8F Council appointed members
8F Council appointed members
(1) The Council may appoint as members of the Council such number of external persons as is prescribed by the constitution rules for the category of Council appointed members.
(2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.
ss 8E–8H: Ins 2012 (463), Sch 1 [1].
8G Ministerially appointed members
8G Ministerially appointed members
8G Ministerially appointed members
(1) The Minister may appoint as members of the Council 2 external persons, or such greater number of external persons (not exceeding 6) as is prescribed by the constitution rules for the category of Ministerially appointed members.
(2) The Minister may not appoint a member of the Parliament of New South Wales, the Parliament of the Commonwealth or another State or the Legislative Assembly of a Territory as a Ministerially appointed member.
(3) Without limiting the discretion of the Minister under subsection (1), the Council may suggest to the Minister persons who the Council considers would be appropriate for appointment by the Minister.
ss 8E–8H: Ins 2012 (463), Sch 1 [1].
8H Official members
8H Official members
8H Official members
The official members of the Council are the following—
(a) the Chancellor,
(b) the Vice-Chancellor,
(c) the person for the time being holding the office of presiding member of the Academic Board (if the person is not the Vice-Chancellor) or of deputy presiding member of the Academic Board (if the presiding member is the Vice-Chancellor).
ss 8E–8H: Ins 2012 (463), Sch 1 [1].
9 Term of office
9 Term of office
9 Term of office
(1) Subject to this Act, a member of the Council holds office as follows—
(a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,
(b) in the case of a Ministerially appointed member or Council appointed member, for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment,
(c) in the case of an elected member other than an elected (graduate) member, for such term (not exceeding 2 years) as may be prescribed by the by-laws,
(d) in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.
(2) The need to maintain an appropriate balance of experienced and new members on the Council must be taken into account—
(a) by the Council, when making the by-laws required under this section, and
(b) by the Minister and the Council, when appointing members to the Council.
(3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Council otherwise resolves in relation to the person).
s 9: Am 1989 No 130, Sch 2; 1994 No 95, Sch 1; 1995 No 16, Sch 2. Subst 2004 No 115, Sch 8 [2]. Am 2005 No 98, Sch 2.70. Subst 2012 (463), Sch 1 [1].
Division 2 Other officers and bodies
Division 2 Other officers and bodies
Division 2 Other officers and bodies
pt 3, div 2, hdg: Ins 2012 (463), Sch 1 [1].
10 Chancellor
10 Chancellor
10 Chancellor
(1) The Council shall—
(a) at its first meeting or as soon as practicable thereafter, and
(b) whenever a vacancy in the office of Chancellor occurs,
elect a person (whether
This is an opening excerpt, not the complete document.