This by‑law sets the University of Wollongong's internal governance and electoral mechanics. It prescribes terms and nomination/election rules for Council members, establishes rolls of eligible voters and candidates, delegates authority to the Vice‑Chancellor, and sets procedures for degrees, honorary awards and the common seal. It binds Council, candidates, staff and students to specified nomination, voting, record‑keeping and committee processes and assigns decision‑making roles to the Council, the Secretary to Council and the Returning Officer.
This By-law prescribes detailed governance, electoral and administrative procedures for the University of Wollongong that operationalise provisions of the University of Wollongong Act 1989 (the Act). It sets out the composition and qualification rules for various Council seats (academic staff, non-academic staff, undergraduate and postgraduate students, graduates), the mechanics and timetable for elections (Schedule 1), nomination and vacancy rules (cl 4, cl 16, cl 17, cl 18), terms of office for key officers (Chancellor 4 years, cl 3; elected members 2 or 4 years, cl 20), and the roles and delegated authorities of senior officers (Vice‑Chancellor functions, cl 7; Vice‑Chancellor membership of University bodies, cl 9). Administrative housekeeping is also regulated: custody, use and recording of the common seal (cl 22-24), retention of electoral records (Sch 1 cl 12), and inspection rights for rolls and registers (cl 19).
On academic matters the By-law instructs the Council to make rules setting degrees/diplomas (cl 25), award and revoke degrees (cl 26), and set entrance standards (cl 27). It establishes internal committees (Council Nominations Committee, cl 16; Honorary Awards Committee, cl 29) and defines the Academic Senate membership and functions (cl 34-35). For graduate elections it imposes proactive outreach obligations (cl 15(3)-(4): notice in a national newspaper, University website and other means), and prescribes nomination signatures, the form of voting, secrecy and counting rules in Schedule 1 (Sch 1 cl 1-11).
Mechanically, the By-law converts broad statutory powers in the Act into specified administrative rules. It allocates decision‑making power to internal officers , notably the Secretary to Council acting as Returning Officer (Sch 1 cl 1(2)) and the Council Nominations Committee (cl 16). It delegates election procedure design to the Returning Officer, subject to prescribed timing windows (Sch 1 cl 2) and acceptance criteria for nominations (Sch 1 cl 4). The By-law also preserves continuity by repealing the 1991 By‑law and carrying forward existing rules where consistent (cl 36). Where the By-law is silent on penalties or external enforcement, it relies on administrative determinations (for example, Council decisions, Returning Officer declarations and records retention) as the primary compliance and enforcement mechanisms (cl 26(2); Sch 1 cl 11-12).
Current sections
Direct links to the current provisions in University of Wollongong By-law 2005.
Academic Senate means the Academic Senate of the University.
elected academic staff member of the Council means a member of the Council referred to in section 8D (1) (a) of the Act.
elected non-academic staff member of the Council means a member of the Council referred to in section 8D (1) (b) of the Act.
elected student (postgraduate) member of the Council means a member of the Council referred to in section 8D (1) (c) of the Act who is a postgraduate student of the University.
elected student (undergraduate) member of the Council means a member of the Council referred to in section 8D (1) (c) of the Act who is an undergraduate student of the University.
full-time staff of the University includes persons employed by the University for the equivalent of at least 2 days a week:
(a) on a continuing basis, or
(b) for a minimum fixed period of 2 years.
graduate member means a member of the Council elected under section 8E of the Act.
Returning Officer means the Returning Officer for an election, as referred to in clause 1 of Schedule 1.
(2) In this By-law, a reference to an authority, officer or office is a reference to that authority, officer or office in and of the University.
(3) For the purposes of section 3 (2) of the Act (which provides for references to a graduate of the University), honorary awards are prescribed.
cl 2: Am 2012 (134), Sch 2 [1]–[3].
Part 2
Chancellor and Deputy Chancellors
Part 2 Chancellor and Deputy Chancellors
Part 2 Chancellor and Deputy Chancellors
pt 2, hdg: Am 2017 No 22, Sch 1.31 [1].
3
Term of office of Chancellor
3 Term of office of Chancellor
3 Term of office of Chancellor
For the purposes of section 10 (2) of the Act, the prescribed period for which the Chancellor is to hold office is 4 years from a starting date determined by the Council.
4
Election of Chancellor or Deputy Chancellors
4 Election of Chancellor or Deputy Chancellors
4 Election of Chancellor or Deputy Chancellors
An election to fill a vacancy in the office of Chancellor or a Deputy Chancellor is to be held at an ordinary meeting of the Council.
cl 4: Am 2017 No 22, Sch 1.31 [2].
5
Nomination of Chancellor or Deputy Chancellors
5 Nomination of Chancellor or Deputy Chancellors
5 Nomination of Chancellor or Deputy Chancellors
A nomination for election to the office of Chancellor or a Deputy Chancellor:
(a) must be signed by 2 persons who are members of the Council, and
(b) must be submitted in writing to the Secretary to Council before the commencement of the item of business of the meeting of the Council during which that election is to be held.
cl 5: Am 2014 (238), cl 3 (1); 2017 No 22, Sch 1.31 [3].
Part 3
Vice-Chancellor
Part 3 Vice-Chancellor
Part 3 Vice-Chancellor
6
Authority
6 Authority
6 Authority
Nothing in this Part affects the precedence or authority of the Chancellor or a Deputy Chancellor.
cl 6: Am 2017 No 22, Sch 1.31 [4].
7
Functions of Vice-Chancellor
7 Functions of Vice-Chancellor
7 Functions of Vice-Chancellor
The Vice-Chancellor is:
(a) to promote and further the development and interests of the University including, but without limiting the generality of this clause, the welfare of staff and students, and
(b) to be responsible to the Council for the general academic, administrative, financial and other business of the University, and
(c) to exercise a general supervision over all staff and students of the University, and
(d) to do all things ancillary to those functions referred to in paragraphs (a), (b) and (c).
8
Functions and authority delegated by Council
8 Functions and authority delegated by Council
8 Functions and authority delegated by Council
Without prejudice to the generality of clause 7, the Vice-Chancellor is to exercise such functions and authority as may from time to time be delegated by the Council.
9
Powers of Vice-Chancellor in relation to University bodies
9 Powers of Vice-Chancellor in relation to University bodies
9 Powers of Vice-Chancellor in relation to University bodies
The Vice-Chancellor is, by virtue of holding that office, a member of any board, committee or faculty within the University and, unless the Council determines otherwise, may preside at a meeting of any such board, committee or faculty.
Part 4
Council membership
Part 4 Council membership
Part 4 Council membership
10
10
10 (Repealed)
11
Qualification for election as elected academic staff member
11 Qualification for election as elected academic staff member
11 Qualification for election as elected academic staff member
(1) For the purposes of section 8D (3) of the Act, the prescribed qualifications in respect of a person seeking election as an elected academic staff member are the qualifications specified in this clause.
(2) The Returning Officer is to keep a roll (in this By-law referred to as the Roll of Academic Staff) containing the names and last known addresses of:
(a) professors within the University, and
(b) persons employed as full-time staff of the University in the position of associate professor, senior lecturer or lecturer within the University, or such other position within the University as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph, and
(c) officers holding the positions of Deputy Vice-Chancellor and Pro Vice-Chancellor within the University and such other positions within the University as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph.
(3) The persons qualified to be elected as an elected academic staff member are those persons whose names appear on the Roll of Academic Staff at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(4) The persons entitled to vote for the academic staff members are those persons whose names appear on the Roll of Academic Staff at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(5) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 11: Am 2012 (134), Sch 2 [5] [6].
12
Qualification for election as elected non-academic staff member
12 Qualification for election as elected non-academic staff member
12 Qualification for election as elected non-academic staff member
(1) For the purposes of section 8D (3) of the Act, the prescribed qualifications in respect of a person seeking election as an elected non-academic staff member are the qualifications specified in this clause.
(2) The Returning Officer is to keep a roll (in this By-law referred to as the Roll of Non-academic Staff) containing the names and last known addresses of the full-time staff of the University who are not staff to whom clause 11 (2) applies.
(3) The persons qualified to be elected as an elected non-academic staff member are those persons whose names appear on the Roll of Non-academic Staff at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(4) The persons entitled to vote for the non-academic staff member are those persons whose names appear on the Roll of Non-academic Staff at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(5) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 12: Am 2012 (134), Sch 2 [7] [8].
13
Qualification for election as elected student (undergraduate) member
13 Qualification for election as elected student (undergraduate) member
13 Qualification for election as elected student (undergraduate) member
(1) For the purposes of section 8D (3) of the Act, the prescribed qualifications in respect of a person seeking election as an elected student (undergraduate) member are the qualifications specified in this clause.
(2) The Returning Officer is to keep a roll (in this By-law referred to as the Roll of Undergraduate Students) containing the names and last known addresses of:
(a) persons who are enrolled as candidates proceeding to an undergraduate degree or diploma in the University (other than persons so enrolled who are members of the staff of the University), and
(b) such other persons as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph.
(3) The persons qualified to be elected as an elected student (undergraduate) member are those persons whose names appear on the Roll of Undergraduate Students at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(4) The persons entitled to vote for the undergraduate student member are those persons whose names appear on the Roll of Undergraduate Students at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(5) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 13: Am 2012 (134), Sch 2 [9] [10].
14
Qualification for election as elected student (postgraduate) member
14 Qualification for election as elected student (postgraduate) member
14 Qualification for election as elected student (postgraduate) member
(1) For the purposes of section 8D (3) of the Act, the prescribed qualifications in respect of a person seeking election as an elected student (postgraduate) member are the qualifications specified in this clause.
(2) The Returning Officer is to keep a roll (in this By-law referred to as the Roll of Postgraduate Students) containing the names and last known addresses of:
(a) persons who are enrolled as candidates proceeding to a postgraduate degree, diploma or certificate in the University (other than persons so enrolled who are members of the staff of the University), and
(b) such other persons as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph.
(3) The persons qualified to be elected as an elected student (postgraduate) member are those persons whose names appear on the Roll of Postgraduate Students at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(4) The persons entitled to vote for the postgraduate student member are those persons whose names appear on the Roll of Postgraduate Students at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(5) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 14: Am 2012 (134), Sch 2 [11] [12].
15
Graduate members
15 Graduate members
15 Graduate members
(1) For the purposes of section 8E (4) of the Act, the prescribed qualifications in respect of a person seeking to be a graduate member are the qualifications specified in this clause.
(2) The Returning Officer is to keep:
(a) a roll (in this By-law referred to as the Roll of Graduates) containing the names and last known addresses of the graduates of the University, and
(b) a register in relation to each election of graduate members (in this By-law referred to as the Graduate Election Register) containing the names and last known addresses of graduates of the University who have duly applied to be listed on the register in relation to the election concerned.
(3) At least 30 days before an election of graduate members, the Returning Officer is to invite graduates of the University to apply to be listed on the Graduate Election Register relating to that election in the manner and within the time specified in the invitation.
(4) The Returning Officer is to make such an invitation by placing a notice to that effect:
(a) in a newspaper circulating throughout Australia, and
(b) on the Internet by means of the website of the University, and
(c) by any other means that the Returning Officer considers appropriate.
(5) The persons qualified to be elected as graduate members are persons whose names appear on the Roll of Graduates, other than members of the staff and students of the University, at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(6) The persons entitled to vote for the graduate members are those persons whose names appear on the Graduate Election Register for the election concerned, other than members of the staff and students of the University, at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(7) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 15: Am 2012 (134), Sch 2 [13].
16
Nomination procedures relating to appointed members
16 Nomination procedures relating to appointed members
16 Nomination procedures relating to appointed members
(1) The Council is to establish a Council Nominations Committee consisting of the following persons:
(a) the Chancellor,
(b) at least one Deputy Chancellor,
(c) the Vice-Chancellor,
(d) 2 members of the Council who are not academic or non-academic staff members, or undergraduate or postgraduate students, of the University.
(1A) Despite subclause (1), the Committee may be differently constituted if the Council so determines.
(2) At least 60 days before the term of office of a member of the Council appointed under section 8F or 8G of the Act expires, the Council Nominations Committee is to identify persons who may be suitable for appointment as such a member.
(3) The Committee is:
(a) to determine which of those persons are to be recommended to the Council:
(i) for suggestion for appointment by the Minister, or
(ii) for appointment by the Council,
as the case may be, and
(b) to recommend the length of appointment for each such person, and
(c) to forward those recommendations to the Council.
(4) The Council is:
(a) to consider the recommendations forwarded by the Committee, and
(b) to determine which of the recommended persons are to be:
(i) suggested for appointment by the Minister, or
(ii) appointed by the Council,
as the case may be, and
(c) to determine:
(i) in the case of the persons referred to in paragraph (b) (i), the suggested length of appointment for each such person, or
(ii) in the case of the persons referred to in paragraph (b) (ii), the length of appointment for each such person.
(5) The Chancellor is to forward the determinations referred to in subclause (4) (b) (i) and (c) (i) to the Minister.
cl 16: Am 2012 (134), Sch 2 [15]–[18]; 2012 No 42, Sch 2.40; 2017 No 22, Sch 1.31 [5] [6].
17
Casual vacancies
17 Casual vacancies
17 Casual vacancies
(1) For the purposes of clause 3 of Schedule 1 to the Act, the prescribed manner for filling a casual vacancy is, subject to subclause (2), the same manner as that in which the person whose seat is vacant was appointed or elected.
(2) In the event of a casual vacancy in the office of any elected member of the Council occurring within less than one year of the date on which the member’s term of office would have expired, such vacancy is to be filled by some person, whose name appears on the appropriate roll kept under this Part, appointed by the Council in the place of that member in the manner described in clause 18.
18
Elections to fill certain casual vacancies for elected members
18 Elections to fill certain casual vacancies for elected members
18 Elections to fill certain casual vacancies for elected members
(1) An election to fill a casual vacancy in the office of an elected member of the Council in the circumstances referred to in clause 17 (2) is to be held by the Returning Officer at a scheduled meeting of the Council.
(2) The Returning Officer is to advise the members of the Council of the election to be held by including a notice of the election with the papers circulated with the agenda for the meeting.
(3) The election is to be effected in such manner as may be determined at the meeting.
19
Rolls
19 Rolls
19 Rolls
A person who is entitled to be enrolled or listed on a roll or register kept under this Part may inspect that roll or register during the time that the office of the Secretary to Council is open.
cl 19: Am 2014 (238), cl 3 (1).
20
Term of office
20 Term of office
20 Term of office
(1) For the purposes of section 9 (1) (c) and (d) of the Act:
(a) the term of office of an elected academic staff member is 2 years, and
(b) the term of office of an elected non-academic staff member is 2 years, and
(c) the term of office of an elected student (undergraduate) member is 2 years, and
(d) the term of office of an elected student (postgraduate) member is 2 years, and
(e) the term of office of a graduate member is 4 years.
(2) The term of office of some of the elected members of any class:
(a) who are elected at the first election of members of that class, and
(b) who receive fewer votes than the other elected members of that class,
is, if a resolution made by the Council so provides, to be reduced from the period specified in subclause (1) to such shorter period as may be specified in the resolution in order to provide for the retirement in rotation of the elected members of that class.
cl 20: Am 2012 (134), Sch 2 [19].
Part 5
Management of the University
Part 5 Management of the University
Part 5 Management of the University
21
Rules relating to management of University
21 Rules relating to management of University
21 Rules relating to management of University
The Council may make rules for or with respect to all matters with respect to which the Council is empowered to make by-laws under section 28 (1) (other than paragraphs (b) and (k)) of the Act.
Part 6
The common seal
Part 6 The common seal
Part 6 The common seal
22
Custody of common seal
22 Custody of common seal
22 Custody of common seal
The common seal of the University is to be kept in the custody of the Secretary to Council.
cl 22: Am 2014 (238), cl 3 (1).
23
Use of common seal
23 Use of common seal
23 Use of common seal
The common seal of the University is to be affixed to any instrument or document in the presence of, and the affixing of the seal is to be attested by:
(a) the Chancellor, a Deputy Chancellor, the Vice-Chancellor or any other member of the Council, and
(b) the Secretary to Council.
cl 23: Am 2014 (238), cl 3 (1); 2017 No 22, Sch 1.31 [7].
24
Register of use of common seal
24 Register of use of common seal
24 Register of use of common seal
(1) The Secretary to Council is to maintain a register of the use of the common seal.
(2) The register of the use of the common seal is to record:
(a) the nature of, and parties to, an instrument or document to which the common seal was affixed, and
(b) the date on which the common seal was affixed to an instrument or document, and
(c) the names of the persons who attested the affixing of the common seal.
cl 24: Am 2014 (238), cl 3 (1).
Part 7
Courses and degrees
Part 7 Courses and degrees
Part 7 Courses and degrees
25
Degrees and diplomas
25 Degrees and diplomas
25 Degrees and diplomas
The degrees and diplomas to be conferred and awarded by the University are to be specified in rules made by the Council for the purposes of this clause.
26
Award of degrees and diplomas
26 Award of degrees and diplomas
26 Award of degrees and diplomas
(1) The requirements to be satisfied for the award of degrees and diplomas, including the conditions governing the admission of students of other universities and institutions of higher education to any status within the University, are to be specified in rules made by the Council for the purposes of this clause.
(2) The Council may revoke a conferral or award of a degree or diploma if the Council determines that the degree or diploma has been erroneously or inappropriately conferred or awarded.
27
Entrance standards and conditions of admission
27 Entrance standards and conditions of admission
27 Entrance standards and conditions of admission
The entrance standards for students and the conditions to be satisfied for admission to the University are to be specified in rules made by the Council for the purposes of this clause.
Part 8
Honorary degrees
Part 8 Honorary degrees
Part 8 Honorary degrees
28
Conferring of honorary degrees
28 Conferring of honorary degrees
28 Conferring of honorary degrees
The Council may confer, honoris causa, any degree of the University.
29
Honorary Awards Committee
29 Honorary Awards Committee
29 Honorary Awards Committee
(1) The Council is to establish an Honorary Awards Committee which is to consist of the Chancellor, the Vice-Chancellor and such other persons as may be specified from time to time in resolutions made by the Council for the purposes of this clause.
(2) The Honorary Awards Committee may recommend to the Council the persons on whom honorary degrees may be conferred and the criteria for selection of any such persons.
cl 29: Am 2017 No 22, Sch 1.31 [8] [9].
Part 9
Academic costume
Part 9 Academic costume
Part 9 Academic costume
30
Academic costume
30 Academic costume
30 Academic costume
(1) The academic costume for the Chancellor consists of a gown of black damask lined with blue and trimmed with gold and a trencher cap of black with a gold tassel.
(2) The form of academic costume for a Deputy Chancellor, the Vice-Chancellor, members of the Council, the officers of the University, the graduates and the students of the University is to be as specified from time to time in resolutions made by the Council for the purposes of this subclause.
cl 30: Am 2017 No 22, Sch 1.31 [7].
31
Usages of academic costume
31 Usages of academic costume
31 Usages of academic costume
The usages of the academic costumes are to be determined by resolution of the Council.
Part 10
University membership
Part 10 University membership
Part 10 University membership
32
Members of the University
32 Members of the University
32 Members of the University
For the purposes of section 4 (c) of the Act, the other members of staff of the University are the officers holding the positions of Deputy Vice-Chancellor, Chief Administrative Officer, Chief Finance Officer, Pro Vice-Chancellor and Director of Library Services and such other positions as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph.
cl 32: Am 2014 (238), cl 3 (2).
Part 11
Part 11
Part 11
33 (Repealed)
pt 11: Rep 2014 No 43, Sch 1.11.
cl 33: Am 2014 (238), cl 3 (1). Rep 2014 No 43, Sch 1.11.
Part 12
The Academic Senate
Part 12 The Academic Senate
Part 12 The Academic Senate
34
Members of the Academic Senate
34 Members of the Academic Senate
34 Members of the Academic Senate
The Academic Senate is to consist of:
(a) the Vice-Chancellor, and
(b) such other persons as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph.
35
Functions of the Academic Senate
35 Functions of the Academic Senate
35 Functions of the Academic Senate
The Academic Senate is the principal academic body of the University and has responsibility for advising the Council and the Vice-Chancellor on matters relating to teaching, scholarship, research and related activities in accordance with terms of reference specified from time to time in resolutions made by the Council for the purposes of this clause.
(2) Any act, matter or thing that, immediately before the repeal of the University of Wollongong By-law 1991, had effect under that By-law continues to have effect under this By-law (but only to the extent that it relates to this By-law and is not inconsistent with this By-law and the acts, matters or things done under this By-law).
(3) In particular, any rule made pursuant to a provision of the repealed By-law is taken to have been made pursuant to the corresponding provision of this By-law.
Schedule 1
Schedule 1
Schedule 1
(Clauses 11, 12, 13, 14 and 15)
sch 1: Am 2014 (238), cl 3 (3).
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of By-law
1 Name of By-law
1 Name of By-law
This By-law is the University of Wollongong By-law 2005.
2 Interpretation
2 Interpretation
2 Interpretation
(1) In this By-law:
Academic Senate means the Academic Senate of the University.
elected academic staff member of the Council means a member of the Council referred to in section 8D (1) (a) of the Act.
elected non-academic staff member of the Council means a member of the Council referred to in section 8D (1) (b) of the Act.
elected student (postgraduate) member of the Council means a member of the Council referred to in section 8D (1) (c) of the Act who is a postgraduate student of the University.
elected student (undergraduate) member of the Council means a member of the Council referred to in section 8D (1) (c) of the Act who is an undergraduate student of the University.
full-time staff of the University includes persons employed by the University for the equivalent of at least 2 days a week:
(a) on a continuing basis, or
(b) for a minimum fixed period of 2 years.
graduate member means a member of the Council elected under section 8E of the Act.
Returning Officer means the Returning Officer for an election, as referred to in clause 1 of Schedule 1.
the Act means the University of Wollongong Act 1989.
(2) In this By-law, a reference to an authority, officer or office is a reference to that authority, officer or office in and of the University.
(3) For the purposes of section 3 (2) of the Act (which provides for references to a graduate of the University), honorary awards are prescribed.
cl 2: Am 2012 (134), Sch 2 [1]–[3].
Part 2 Chancellor and Deputy Chancellors
Part 2 Chancellor and Deputy Chancellors
Part 2 Chancellor and Deputy Chancellors
pt 2, hdg: Am 2017 No 22, Sch 1.31 [1].
3 Term of office of Chancellor
The source text includes amendment annotations for numerous clauses. The By-law is identified as the University of Wollongong By‑law 2005 (cl 1). Several provisions explicitly implement or supplement provisions of the Act, for example references to sections 8D and 8E (multiple clauses in Part 4) and section 3(2) (cl 2(3)). The By-law therefore functions as a domestically binding, university‑level instrument that governs internal governance structures, electoral processes and certain academic administration functions, with authority derived from the Act.
Main concepts
The By-law is built around a small set of recurring administrative concepts and instruments that structure governance and decision‑making within the University. These concepts determine who participates in governance, how they are selected, and how certain academic and administrative acts are authorised and recorded.
Rolls and registers. The Returning Officer must keep multiple rolls: Roll of Academic Staff, Roll of Non‑academic Staff, Roll of Undergraduate Students, Roll of Postgraduate Students, Roll of Graduates and a Graduate Election Register (cl 11(2); cl 12(2); cl 13(2); cl 14(2); cl 15(2)). Eligibility to stand or vote is tied to appearance on those rolls at the time prescribed for close of nominations (cl 11(3)-(4); cl 12(3)-(4); cl 13(3)-(4); cl 14(3)-(4); cl 15(5)-(6)). Roll inspection is permitted when the Secretary to Council’s office is open (cl 19).
Returning Officer. Elections are conducted by the Returning Officer, who is to be the Secretary to Council or a deputy appointed by the Secretary (Sch 1 cl 1(1)-(2)). The Returning Officer controls the detailed procedure for elections (Sch 1 cl 1(4)) within the limits set by the By‑law: timing windows for notice, nominations and voting (Sch 1 cl 2), mandatory content for notices (Sch 1 cl 3(2)), and nomination acceptance criteria (Sch 1 cl 4).
Election mechanics. Nominations must be in writing, signed by two persons whose names appear on the relevant roll, and accompanied by the nominee’s consent (Sch 1 cl 4(1)). Voting forms list candidates alphabetically and require marking a cross against candidates up to the number to be elected (Sch 1 cl 5(1); Sch 1 cl 6). Counting follows procedures the Returning Officer approves and publishes online (Sch 1 cl 7). Tied votes are resolved by lot (Sch 1 cl 9). Candidates may nominate scrutineers for counting (Sch 1 cl 10). The Returning Officer may declare uncontested nominations elected (Sch 1 cl 4(3)).
Composition and terms. The By‑law prescribes the composition of the Academic Senate (cl 34) and identifies positions to be treated as members of the University for Act purposes (cl 32). Terms for office are prescribed: Chancellor 4 years (cl 3); elected academic/non‑academic staff and student members 2 years, graduates 4 years (cl 20). The Council establishes a Nominations Committee with specified membership to identify and recommend appointees for Ministerial suggestion or Council appointment (cl 16).
Authority, delegation and recordkeeping. The Vice‑Chancellor’s broad functions are stated (cl 7) and the Council may delegate further functions (cl 8). The common seal is kept by the Secretary to Council and must be affixed in the presence of authorised persons and attested by the Secretary (cl 22-23). Every affixing is to be recorded in a register (cl 24). Voting forms and records are kept for at least four months (Sch 1 cl 12), and the Council controls whether they may be destroyed where an objection is pending.
Academic regulation. The Council is empowered to make rules on degrees, awards and admissions (cl 21; cl 25-27). The Council may confer honorary degrees and has an Honorary Awards Committee to recommend persons and criteria (cl 28-29). The Council may revoke a conferral or award if it determines it was erroneously or inappropriately conferred (cl 26(2)).
These concepts establish a governance model that combines centralised administrative control (Secretary to Council as Returning Officer, Council Nominations Committee and Council rule‑making) with electoral representation through defined rolls and election procedures. Many consequential details are left to internal rules, the Returning Officer’s published procedures, and Council resolutions (cl 21; Sch 1 cl 7( a )). The By‑law therefore operates as a framework instrument: it prescribes mandatory minimums and processes while delegating implementation detail to university officers and Council-made rules.
Who it affects
The By-law reaches specific internal groups within the University and certain external touchpoints. It does not, on its face, create obligations for the public beyond graduates and alumni who participate in graduate elections; nor does it set criminal penalties. Principal affected groups and the concrete ways they are affected are:
Academic staff. Professors and persons employed as full‑time staff in positions such as associate professor, senior lecturer, lecturer and specified officers (Deputy Vice‑Chancellor, Pro Vice‑Chancellor) are listed on the Roll of Academic Staff (cl 11(2)). Their names determine who is eligible to stand for elected academic staff seats and who may vote for those seats (cl 11(3)-(4)). The definition of full‑time staff for roll purposes includes employees working at least two days a week on continuing basis or for at least two years (cl 2(1) definition).
Non‑academic staff. Full‑time staff not included in the academic roll are placed on the Roll of Non‑academic Staff and thereby qualify to stand and vote for the non‑academic staff member of Council (cl 12(2)-(4)).
Students. Undergraduate and postgraduate students (excluding staff members who happen to be enrolled) are placed on the respective Rolls of Undergraduate Students and Postgraduate Students and thereby qualify to stand and vote for student seats (cl 13(2); cl 14(2)-(4)). The By‑law ties candidacy and voting rights to roll inclusion at the close of nominations (clauses in Part 4 and Schedule 1).
Graduates and alumni. Graduates are on the Roll of Graduates and may be listed on the Graduate Election Register to vote in graduate member elections if they apply when invited (cl 15(2)-(6)). The Returning Officer must invite graduates at least 30 days prior to graduate elections, with notices placed in a newspaper circulating throughout Australia and on the University website (cl 15(3)-(4)). Graduates who are staff or students are excluded from being graduate candidates or voters in the graduate class (cl 15(5)-(6)).
Council members and potential appointees. Clause 16 establishes a Council Nominations Committee for identifying and recommending persons to suggest for Ministerial appointment or to appoint internally (cl 16(1)-(5)). Members of the Council must participate in nomination and election of Chancellor and Deputy Chancellors (cl 4-5). Casual vacancy rules (cl 17-18) specify how to fill seats, including Council appointments where a casual vacancy occurs within less than one year of expiry (cl 17(2)).
Senior officers. The Chancellor, Deputy Chancellors, Vice‑Chancellor, Secretary to Council and specified members (Deputy Vice‑Chancellor, Pro Vice‑Chancellor, Chief Administrative Officer, Chief Finance Officer, Director of Library Services) are affected by duties and categorisations. The Secretary acts as custodian of the common seal and, by default, the Returning Officer (cl 22; Sch 1 cl 1(2)). The Vice‑Chancellor has defined functions and authority (cl 7-9).
The Council. The Council is the central decision body authorised to make rules under the Act (cl 21), to receive nominations and to recommend appointment lengths to the Minister (cl 16). The Council also decides when to approve destruction of election records if objections are pending (Sch 1 cl 12).
The Minister. The Minister is an external actor in appointments; the Chancellor forwards suggested names for Ministerial appointment where relevant (cl 16(5)).
Office of the Returning Officer and staff assisting with elections. The Returning Officer may appoint assistants and determine procedures (Sch 1 cl 1(3)-(4); Sch 1 cl 7(a)).
Who pays and who bears operational cost. Administrative burdens fall primarily on the Secretary to Council’s office (custody of seal, roll maintenance, publishing notices, mailing or electronically delivering voting forms, record retention) and on the Council for rule drafting and Nominations Committee work (cl 16; cl 21; cl 22; Sch 1 cl 3-5; Sch 1 cl 12). Graduate outreach obligations (cl 15(3)-(4)) impose tangible publication costs (national newspaper, website) and administrative costs to process Graduate Election Register applications.
In summary, the By-law structures participatory rights for internal stakeholders (staff, students, graduates) through the construction and operation of rolls and electoral procedures, while allocating administrative duties and decision rights to specific officers and committees. The main operational burdens fall on the Secretary to Council/Returning Officer and the Council itself.
Key duties and rights
The By‑law allocates duties and rights across several offices and constituencies. Below are the principal obligations, discretions and entitlements set out in the text, with references.
Duties and powers of senior officers
Vice‑Chancellor: required to promote and further University development and interests (including welfare of staff and students), responsible to the Council for general academic, administrative and financial business, supervise staff and students, and do ancillary acts to those functions (cl 7). The Vice‑Chancellor also exercises functions delegated by Council (cl 8) and is a member of any board, committee or faculty by virtue of office, with power to preside unless Council determines otherwise (cl 9). These duties create operational responsibilities and a supervisory mandate over university affairs.
Secretary to Council / Returning Officer: custodian of common seal (cl 22); attests affixing of the seal and maintains the register of its use (cl 23-24). The Secretary is designated Returning Officer for elections or may appoint a deputy (Sch 1 cl 1(2)). Returning Officer duties include conducting elections (Sch 1 cl 1(1), (4)), publishing notices (Sch 1 cl 3), keeping rolls and registers (cl 11-15), determining procedures for counting and ensuring ballot secrecy and integrity (Sch 1 cl 7), issuing and keeping voting forms and records (Sch 1 cl 5; cl 12), and resolving nomination shortfalls and uncontested elections (Sch 1 cl 4(2)-(3)).
Duties of Council and Council Nominations Committee
Council: empowered to make rules for matters within Council by‑law making power (cl 21), to make resolutions specifying positions that count as University officers (cl 32), to receive recommendations from the Council Nominations Committee and decide which persons are suggested to the Minister or appointed by Council (cl 16(3)-(4)), and to revoke conferrals or awards (cl 26(2)). The Council also controls destruction of election records where objections exist (Sch 1 cl 12).
Council Nominations Committee: required composition includes Chancellor, at least one Deputy Chancellor, Vice‑Chancellor and two Council members who are not staff nor students (cl 16(1)). It must identify suitable persons at least 60 days before term expiry and recommend who should be suggested to the Minister or appointed by Council, including suggested lengths of appointment (cl 16(2)-(4)).
Electoral duties and rights
Rolls: Returning Officer must keep specified rolls/registers (cl 11(2); cl 12(2); cl 13(2); cl 14(2); cl 15(2)). Persons entitled to be on a roll may inspect it when the Secretary to Council office is open (cl 19). Eligibility to stand and to vote depends on inclusion in the applicable roll at the time and date for close of nominations prescribed by Sch 1 cl 3(2) (referenced in cl 11-15).
Nomination and voting requirements: Nominations must be in prescribed form, signed by two persons on the appropriate roll, and include the nominee’s written consent, received before close of nominations (Sch 1 cl 4(1)). Voting forms must list candidates alphabetically, accompany a verification declaration, and include instructions and deadlines (Sch 1 cl 5). Voters mark a cross against candidate names up to the number to be elected (Sch 1 cl 6). Candidates have the right to nominate a scrutineer (Sch 1 cl 10).
Election procedural discretion and finality: The Returning Officer has discretion to determine certain procedural matters, publish procedures for counting and to declare results where uncontested (Sch 1 cl 1(4); Sch 1 cl 4(3); Sch 1 cl 7). The By‑law preserves the Returning Officer’s view of whether certain procedural irregularities are “minor” and non‑prejudicial to fairness (Sch 1 cl 11), which immunises certain errors from invalidating an election.
Academic and academic customs duties and rights
Degrees and diplomas: Council must specify degrees and diplomas in rules (cl 25). Requirements for award, including conditions for admission and transfer status, are to be specified in Council rules (cl 26(1)). The Council may revoke conferrals if it determines they were erroneously or inappropriately awarded (cl 26(2)). Entrance standards and admission conditions are to be specified in Council rules (cl 27). The Council may confer honorary degrees (cl 28); the Honorary Awards Committee recommends persons and criteria (cl 29).
Recordkeeping and seal duties
Common seal: kept in custody of Secretary to Council (cl 22); affixing must be attested by the Secretary and one of a specified list (Chancellor, Deputy Chancellor, Vice‑Chancellor or other Council member) (cl 23). An entry must be made in the register recording the nature and parties to instruments, dates and attesting persons (cl 24).
Rights of inspection, challenge and record retention
Persons entitled to be enrolled may inspect rolls (cl 19). Voting forms and records must be kept for at least four months (Sch 1 cl 12), and may only be destroyed thereafter unless an objection was received, in which case Council approval is required for destruction.
These duties and rights create a framework of administrative responsibilities (maintain rolls, publish notices, run elections) together with express participatory rights (to stand, to vote, to inspect rolls, to have a scrutineer). Several key discretions rest with the Returning Officer and the Council; those discretions are backed by procedural constraints but not by express judicial or external appeal mechanisms within this By‑law.
Penalties and enforcement
The By‑law contains no express criminal sanctions or monetary penalties. It does not create offences or prescribe fines. The enforcement model is administrative and internal: compliance is achieved by duties placed on officers and by the Council's powers to make rules and to take administrative actions. The mechanisms by which the By‑law is enforced or applied include the following concrete levers and internal remedies:
Administrative determinations. The Returning Officer’s powers are central to electoral compliance: the Returning Officer determines election procedures (Sch 1 cl 1(4)), decides acceptance of nominations (Sch 1 cl 4(1)), may order a further call for nominations or declare candidates elected if uncontested (Sch 1 cl 4(2)-(3)), and validates elections against minor procedural irregularities in their opinion (Sch 1 cl 11). This concentrates implementation and immediate enforcement within the Secretary to Council’s office.
Council decisions. The Council has power to make rules (cl 21) that may themselves create internal compliance requirements and sanctions (though those are not enumerated in the By‑law). The Council may revoke a degree or diploma conferral if it determines it was erroneously or inappropriately conferred (cl 26(2)). The Council may approve destruction of election records where objections are pending only by its approval (Sch 1 cl 12). Council resolutions also determine appointments and term lengths suggested to the Minister or made by the Council (cl 16).
Recordkeeping and secrecy. The Returning Officer must ensure secrecy and integrity of ballots and retain records for at least four months (Sch 1 cl 7; cl 12). Retention and archival practices function as loose compliance mechanisms by preserving evidence of electoral conduct.
Procedural immunities. Schedule 1 contains a provision that protects the validity of elections from certain errors deemed minor by the Returning Officer (Sch 1 cl 11). This provision limits the scope for internal challenge to elections by excluding certain inadvertent omissions or distribution failures from automatic invalidation. That immunising clause operates as an internal risk‑allocation: ineligible or mis‑administered acts may not trigger invalidation unless they materially prejudice fairness in the Returning Officer’s view.
Absence of express external enforcement pathways. The By‑law contains no express provision creating a right of appeal to an external tribunal or court against administrative decisions under the By‑law. The text also does not prescribe enforcement powers such as fines, injunction procedures, or delegated inspectors. Any external legal remedies would therefore lie in general statutory or common law remedies outside the By‑law’s text, but those are not created or described here.
Revocation power as sanction. The Council’s authority to revoke conferrals (cl 26(2)) is the clearest example of a substantive sanction in the By‑law: it enables the University to reverse an award of academic status. The By‑law does not specify process for revocation, standards of review or appeal rights, beyond the single sentence empowering the Council to revoke where it determines the award was “erroneously or inappropriately conferred or awarded.”
Election finality and destruction of records. The Returning Officer keeps voting forms for at least four months and may only destroy them after that period, but where an objection was made within that period they may only be destroyed with Council approval (Sch 1 cl 12). This provides a limited protective step to ensure evidence is preserved for a defined window where disputes may arise.
In short, enforcement is internal and administrative rather than penal or criminal. The principal enforcement levers are administrative discretion (Returning Officer and Council), record retention to support any post‑hoc challenge, and the Council’s authority to take administrative actions such as revocation of awards. The By‑law’s internal immunity for “minor” irregularities (Sch 1 cl 11) and its lack of external appeal procedures are implementation risks that concentrate power within university offices and may constrain external review unless other law provides remedies.
How it interacts with other laws
The By‑law is expressly framed as subordinate to and implementing elements of the University of Wollongong Act 1989 (the Act). It defines and operationalises multiple Act references and cross‑links to statutory provisions; these interactions are explicit in the text.
Derivation from the Act. The Interpretation clause identifies “the Act” as the University of Wollongong Act 1989 (cl 2). Several provisions implement specific Act sections: for example, clauses in Part 4 implement section 8D (elected Council members) and section 8E (graduate members) of the Act (cl 11 heading; cl 15 heading state “For the purposes of section 8D (3) of the Act” and “For the purposes of section 8E (4) of the Act”). Clause 2(3) prescribes honorary awards for the purposes of section 3(2) of the Act. Clause 21 authorises Council rule‑making for matters within the Council’s by‑law‑making power under section 28(1) of the Act (subject to an exclusion for paragraphs (b) and (k)).
Interaction with Ministerial appointment powers. Clause 16 assigns the Nominations Committee to identify persons suitable for appointment under sections 8F or 8G of the Act and requires the Chancellor to forward suggested names to the Minister (cl 16(2)-(5)). This creates a direct procedural interface with the Minister’s statutory appointment function under the Act.
Repeal and savings with prior By‑law. Clause 36 expressly repeals the University of Wollongong By‑law 1991 and saves acts and rules made under it to the extent they are not inconsistent with this By‑law (cl 36(1)-(3)). This is an internal statutory housekeeping interaction that preserves continuity and avoids immediate disruption from the repeal.
Rules made under the By‑law vs external law. Clause 21 authorises Council to make rules for matters within Council by‑law‑making power, and clauses 25-27 require the Council to make rules about academic matters (degrees, awards, conditions of admission). Those rules are internal university instruments; they operate under the Act and this By‑law, but may still be subject to broader statutes (for example, anti‑discrimination law, records law, or other public law obligations) not referenced in the text. The By‑law itself does not identify external statutes besides the Act.
Administrative law limits (implicit). The By‑law grants discretion to the Returning Officer and Council in a number of places (Sch 1 cl 1(4); Sch 1 cl 7; cl 16), but does not specify appeal rights within the By‑law. Where administrative law applies (for example, jurisdictional error or procedural fairness obligations under public law), remedies would derive from general administrative law principles and the Act rather than the By‑law text. The By‑law does not expressly exclude such remedies.
Evidence and record retention obligations. The By‑law imposes record retention for electoral material (Sch 1 cl 12) and requires a register for use of common seal (cl 24). Those internal recordkeeping obligations interact with external law in practice: access requests, subpoenas or statutory archives requirements would intersect with these provisions, but the By‑law does not specify procedures for external legal processes.
Ministerial naming and appointment. The By‑law requires forwarding of names to the Minister for appointments where applicable (cl 16(5)). That creates an interface with the Minister’s statutory powers under the Act, making this By‑law a procedural precursor to statutory appointment actions.
Overall, the By‑law is an instrument operating within the statutory architecture established by the Act. It provides procedures and internal rules that give effect to statutory categories of Council membership, appointment processes and university governance. It does not explicitly incorporate or displace other statutory regimes beyond the Act, nor does it set out remedies or appeal structures that would supersede external legal processes. Consequently, any interaction with external laws (administrative law, evidence law, employment law, anti‑discrimination law) will be determined outside the By‑law, although the By‑law’s processes (e.g., record retention, decision discretions) will materially affect how those interactions unfold.
Amendment history
The By‑law text contains internal amendment annotations that identify discrete changes or updates made across years. The instrument itself is captioned as the University of Wollongong By‑law 2005 (cl 1). Within the source text multiple clauses carry amendment footnotes; the entries in the margin indicate that the By‑law has been amended at various times, with the following references present in the source:
General amendments and clause‑specific amendments: the Interpretation clause (cl 2) shows amendment annotations: "Am 2012 (134), Sch 2 [1]-[3]". Clause 3 (term of Chancellor) and clause 4 (election timing) feature "Am 2017 No 22, Sch 1.31 [1]" and "[2]" respectively. Clause 5 (nomination for Chancellor) shows "Am 2014 (238), cl 3 (1); 2017 No 22, Sch 1.31 [3]". Clause 6 has "Am 2017 No 22, Sch 1.31 [4]". Clause 11 shows "Am 2012 (134), Sch 2 [5] [6]". Clause 12 shows "Am 2012 (134), Sch 2 [7] [8]". Clause 13 has "Am 2012 (134), Sch 2 [9] [10]". Clause 14 has "Am 2012 (134), Sch 2 [11] [12]". Clause 15 has "Am 2012 (134), Sch 2 [13]". Clause 16 shows multiple amendment notes: "Am 2012 (134), Sch 2 [15]-[18]; 2012 No 42, Sch 2.40; 2017 No 22, Sch 1.31 [5] [6]". Clause 17 and 18 have no explicit footnote in the provided text but are within Part 4 as amended provisions. Clause 19 shows "Am 2014 (238), cl 3 (1)". Clause 20 shows "Am 2012 (134), Sch 2 [19]". Clauses relating to the common seal (cl 22-24) show "Am 2014 (238), cl 3 (1)" and cl 23 also shows "2017 No 22, Sch 1.31 [7]". Clause 29 shows "Am 2017 No 22, Sch 1.31 [8] [9]". Clause 30 includes "Am 2017 No 22, Sch 1.31 [7]". Part 11 and clause 33 show "Am 2014 (238), cl 3 (1). Rep 2014 No 43, Sch 1.11." Clause 36 (repeal and savings) references the repealed 1991 By‑law (cl 36(1)).
These annotations in the source indicate legislative amendment activity at least in 2012, 2014 and 2017 (as reflected by the bracketed amendment references), and an earlier base instrument dated 2005. The By‑law also contains explicit internal change: the repeal of the 1991 By‑law and saving provisions (cl 36). The Schedule 1 heading contains "Am 2014 (238), cl 3 (3)", indicating Schedule amendments. Specific clauses within Schedule 1 also refer to "Am 2014 (238), cl 3 (3)".
The source text does not provide the contents of amending instruments, explanatory memoranda, or tracked redline text. It provides only the amendment references beside the affected clauses. Therefore, from the By‑law itself we can identify which provisions have been amended and the amendment notations, but we cannot describe the precise content of each amendment beyond the fact of amendment and the clause(s) impacted. Users seeking the full amendment history and the text before and after amendments will need to consult the instruments referenced (for example, “Am 2012 (134)”, “Am 2014 (238)”, “2017 No 22, Sch 1.31”, “2012 No 42, Sch 2.40”, and “2014 No 43, Sch 1.11”) and the statutory revision history held by official legislative databases.
The By‑law also records the date of the current instrument as “By‑law 2005” (cl 1). The repeal and savings clause (cl 36) also creates continuity with earlier rules made under the 1991 By‑law by preserving them where not inconsistent. That provision functions as a transitional savings clause, carrying prior rules forward into the new By‑law regime where applicable.
In short, the source identifies amendment citations tied to particular clauses and records the repeal of the previous By‑law. For precise amendment text, timelines and legislative intent one must consult the underlying amending instruments identified by the bracketed references in the source; the By‑law itself does not include the amending instruments’ text or explanatory materials.
Litigation history
The By‑law contains no internal history of litigation and names no cases. The source does not record any judicial decisions, appeals or disputes relating to its provisions. Accordingly, there is no litigation history contained within this instrument.
That absence is material for practitioners because it leaves unanswered how courts have treated the By‑law’s internal discretions and immunities (for example, Sch 1 cl 11’s provision that certain irregularities do not invalidate an election if, in the Returning Officer’s opinion, they were minor and did not prejudice fairness). The By‑law’s silence on challenge mechanisms suggests that any judicial review, contract or statutory challenge to administrative acts under the By‑law would proceed under general law (for example, administrative law principles or statutory rights in the Act), but the text does not elaborate on those external pathways.
Practically, the clauses that may give rise to disputes , and would therefore likely be the focal points for litigation if it occurred , include:
Election validity and procedural irregularities. Schedule 1 contains provisions on acceptance of nominations, voting, counting procedures and an immunity for minor irregularities (Sch 1 cl 4; Sch 1 cl 6-7; Sch 1 cl 11). Disputes commonly arise over eligibility, roll accuracy (cl 11-15) and whether procedural errors materially prejudiced an election result. Sch 1 cl 11 limits invalidation in narrow circumstances, which could give rise to contesting the Returning Officer’s conclusion.
Revocation of degrees. The Council’s power to revoke a conferral where it determines the award was “erroneously or inappropriately conferred or awarded” (cl 26(2)) is a power likely to attract procedural and substantive challenges in practice. The By‑law does not specify process or standards, which creates potential for dispute over natural justice, evidentiary requirements and appeal rights.
Appointment procedures and Ministerial suggestions. The Nominations Committee’s role in identifying candidates and recommending those to the Council for Ministerial suggestion (cl 16) could attract dispute when perceived procedural unfairness or conflict of interest arises. The interplay with Ministerial appointment powers in the Act may also lead to litigation if statutory steps are alleged not to have been followed.
Use and custody of common seal. Clauses on custody and attestation of the common seal (cl 22-24) may be relevant in disputes over validity of documents where proper attestation is contested.
Because the By‑law itself does not disclose litigation, practitioners needing to know whether disputes have been litigated should search external courts and tribunal databases, and consult the Act and related university rules for appeal or review mechanisms not included in this text. The absence of recorded litigation within the By‑law means that legal arguments on interpretation, administrative discretion, and procedural fairness remain to be developed against general law principles and the Act, rather than against a body of By‑law‑specific judicial precedent.
Gotchas
Several practical pitfalls and legal risks are embedded in the By‑law’s text. These are discrete operational points that practitioners and administrators should flag because they carry implementation, legal or governance consequences.
Eligibility tied to roll at specific time. Eligibility to stand or vote depends on being on the relevant roll at the date and time prescribed for the close of nominations (referenced in cl 11-15 and prescribed pursuant to Sch 1 cl 3(2)). Failure to ensure roll accuracy at that cut‑off can disenfranchise persons. The By‑law allows inspection of rolls only during the Secretary to Council’s office hours (cl 19), which limits transparency and creates risk that eligible persons will miss the window to confirm enrolment.
Requirement for nominator signatures to be on the roll. A nomination must be signed by two persons whose names appear on the appropriate roll (Sch 1 cl 4(1)(b)). If nominators are not properly recorded on the roll at the cut‑off, nominations will be invalid. This creates a practical administrative risk for nominees relying on casual nominators.
Returning Officer discretion and published procedures. The Returning Officer determines many procedural matters and must publish counting procedures on the University website (Sch 1 cl 1(4); Sch 1 cl 7(a)). That discretion is broad and internal. If procedures are not sufficiently detailed or are changed without notice, participants may object; however Sch 1 cl 11 immunises minor procedural lapses if the Returning Officer deems them non‑prejudicial.
Graduate election outreach obligations. For graduate elections the Returning Officer must invite graduates at least 30 days before the election and must place notice in a newspaper circulating throughout Australia in addition to the University website (cl 15(3)-(4)). The newspaper publication requirement imposes a higher cost and administrative step than online notice alone, and failing to comply could be argued to undermine the validity of the Graduate Election Register process.
Casual vacancy gap fill within one year. If a casual vacancy occurs within less than one year of the term’s expiry, the Council may appoint a replacement from the appropriate roll (cl 17(2)). That bypasses a full election and can be a politically sensitive point for constituencies expecting an election; it concentrates appointment discretion in the Council.
Reduced terms to achieve rotation. Clause 20(2) permits the Council to resolve that some elected members at a first election have reduced terms to establish staggered rotation. If not handled transparently, this power could lead to perceptions of manipulation of term lengths to favour specific candidates.
Revocation of degrees without prescribed process. The Council can revoke a conferral it deems erroneous or inappropriate (cl 26(2)). The By‑law does not set out process, notice requirements, or appeal rights for affected graduates, which may invite procedural fairness challenges.
Common seal attestation formalities. The common seal must be affixed in the presence of a specified list of officers and attested by the Secretary to Council (cl 23). Documents executed without strict compliance could be challenged for invalidity or lack of authority.
Record destruction conditionality. Voting forms and records are kept for at least four months and can be destroyed after that period unless an objection was lodged within that period; if an objection was received the Council must approve destruction (Sch 1 cl 12). Failure to retain records for the minimum period could undermine dispute resolution and evidentiary needs.
Limited transparency on rule content. The By‑law repeatedly requires that the Council make rules (cl 21; cl 25-27) but does not publish or mandate where those rules must be available. The absence of an explicit public accessibility requirement for Council rules may complicate compliance and verification by affected persons.
Immunity for certain procedural errors. Sch 1 cl 11 provides that elections are not invalidated merely for specified errors if the Returning Officer believes they were minor and did not prejudice fairness. While administratively sensible, this relies heavily on the Returning Officer’s judgement and could be controversial in close contests.
Tied vote determination by lot. Equality of votes is resolved by drawing lots (Sch 1 cl 9). Parties should be aware that the method is random rather than determinative by further scrutiny.
These are practical “gotchas” that create operational and legal risks if overlooked. The By‑law allocates important discretions and leaves several procedural gaps (for example, no detailed process for degree revocation or explicit publishing requirements for Council rules), so administrative clarity and procedural records are important mitigation steps.
How to comply
Below is a practical compliance checklist and process map grounded in the By‑law’s prescriptive provisions. The aim is to translate the By‑law’s clauses into concrete operational tasks for the Secretary to Council, the Returning Officer, the Council and other relevant officers.
Governance and delegation
Confirm and record delegations from Council to the Vice‑Chancellor and other officers as contemplated (cl 8). Maintain formal delegation registers consistent with Council resolutions.
Roll maintenance and inspection
Maintain up‑to‑date rolls as required: Roll of Academic Staff, Roll of Non‑academic Staff, Roll of Undergraduate Students, Roll of Postgraduate Students, Roll of Graduates and a Graduate Election Register (cl 11(2); cl 12(2); cl 13(2); cl 14(2); cl 15(2)). Ensure roll entries capture names and last known addresses as required by the By‑law text.
Provide for inspection of rolls during the Secretary to Council office hours (cl 19). Publish how and when persons may inspect the rolls internally and maintain records of inspections.
Election timetable and notices
Observe the timing windows in Sch 1 cl 2: notice of election to close of nominations not less than 14 and not more than 28 days; close of nominations to posting of voting forms no more than 14 days; posting to receipt of completed voting forms not less than 14 and not more than 28 days. Build these windows into electoral project timelines.
Draft a standard notice of election that conforms to Sch 1 cl 3(2): state number of persons to be elected, qualifications, form of nomination and submission methods, and prescribe the close of nominations date and time.
For graduate elections, ensure at least a 30‑day lead for invitations and publish notices in a newspaper circulating throughout Australia and on the University website (cl 15(3)-(4)). Retain evidence of newspaper placement and web posting.
Nomination process
Use a prescribed nomination form and ensure it requires signature by two persons on the relevant roll and nominee’s written consent, to be received by the Returning Officer before close of nominations (Sch 1 cl 4(1)(a)-(d)). Implement validation checks against the rolls at close of nominations and log reasons for any rejected nominations.
Have a process for a further call for nominations where accepted nominations are fewer than seats (Sch 1 cl 4(2)). For uncontested nominations equal to the number of persons to be elected, declare them elected and document the declaration (Sch 1 cl 4(3)).
Voting and counting
Prepare voting forms that list candidates alphabetically and include a verification declaration as well as instructions for transmission and deadlines (Sch 1 cl 5(1)-(4)).
Provide secure methods for electronic or postal return of voting forms. Implement verification mechanisms to confirm voter eligibility (Sch 1 cl 5(2); Sch 1 cl 5(4)(b)).
Publish the Returning Officer’s counting procedures on the University website in advance of the election and ensure the counting process preserves ballot secrecy and integrity (Sch 1 cl 7(a)-(b)). Allow candidate‑appointed scrutineers to observe counting (Sch 1 cl 10).
For ties, implement the lot process set out in Sch 1 cl 9 and retain evidence of the draw.
Recordkeeping and retention
Retain voting forms and records in secure custody for at least four months after the election (Sch 1 cl 12). Maintain a log of where records are stored and who has access. If an objection is lodged within four months, preserve records and obtain Council approval prior to destruction (Sch 1 cl 12).
Maintain the register of common seal use per cl 24, recording the nature of the document, parties, date of affixing and attesting persons. Keep the physical common seal in the custody of the Secretary to Council (cl 22).
Common seal and execution
When affixing the common seal, ensure presence and attestation by both the Secretary to Council and one of the authorised officers (Chancellor, Deputy Chancellor, Vice‑Chancellor or other Council member) as specified (cl 23). Maintain strict procedures and sign‑offs to avoid defective execution.
Committee composition and nomination processes
Constitute the Council Nominations Committee as required and record membership: Chancellor, at least one Deputy Chancellor, Vice‑Chancellor and two Council members who are not staff or students, unless Council determines otherwise (cl 16(1)-(1A)). Start identification of candidates at least 60 days before term expiry and document candidate evaluation, recommendations and suggested appointment durations (cl 16(2)-(4)). Ensure the Chancellor forwards recommended names to the Minister where required (cl 16(5)).
Degree conferrals and revocation
Ensure Council rules prescribe degrees and the requirements for award, admission conditions and procedures for conferral (cl 25-26(1); cl 27). While the By‑law authorises Council to revoke awards that were erroneously or inappropriately conferred (cl 26(2)), implement an internal policy specifying process, notice and review steps to ensure procedural fairness and minimise legal risk.
Academic Senate and honorary awards
Establish the Academic Senate membership and terms of reference in Council resolutions as contemplated (cl 34-35). Constitute an Honorary Awards Committee (cl 29) and document criteria and recommendation procedures for honorary degrees as required.
Transparency and publication
Publicly post election notices and counting procedures on the University website as required (Sch 1 cl 3(1)(a); Sch 1 cl 7(a)). Where the By‑law mandates publication in print (cl 15(4)(a)), maintain records of publication placement and circulation.
Risk management and dispute readiness
Because Sch 1 cl 11 immunises some irregularities if deemed minor by the Returning Officer, document all procedural deviations with factual notes and rationales to support the Returning Officer’s decision in case of challenge.
Maintain a simple internal appeals log to record any electoral objections received within the four‑month retention window and prepare the matter for Council consideration under Sch 1 cl 12.
Practical housekeeping
Align University rule‑making on degrees, admissions and other matters with the By‑law’s requirements (cl 21; cl 25-27) and ensure Council resolutions specifying officer positions (cl 32) and academic costume usages (cl 30-31) are regularly reviewed and published internally for transparency.
This compliance checklist maps each operational requirement in the By‑law to a practical administrative step and a record‑keeping action. The material burdens fall on the Secretary to Council/Returning Officer, the Council’s secretariat and the Council itself; adequate resourcing, transparent procedures, and careful records will reduce exposure to procedural challenge and ensure compliance with the By‑law’s prescriptions.
Section 4Election of Chancellor or Deputy Chancellors
For the purposes of section 10 (2) of the Act, the prescribed period for which the Chancellor is to hold office is 4 years from a starting date determined by the Council.
4 Election of Chancellor or Deputy Chancellors
4 Election of Chancellor or Deputy Chancellors
4 Election of Chancellor or Deputy Chancellors
An election to fill a vacancy in the office of Chancellor or a Deputy Chancellor is to be held at an ordinary meeting of the Council.
cl 4: Am 2017 No 22, Sch 1.31 [2].
5 Nomination of Chancellor or Deputy Chancellors
5 Nomination of Chancellor or Deputy Chancellors
5 Nomination of Chancellor or Deputy Chancellors
A nomination for election to the office of Chancellor or a Deputy Chancellor:
(a) must be signed by 2 persons who are members of the Council, and
(b) must be submitted in writing to the Secretary to Council before the commencement of the item of business of the meeting of the Council during which that election is to be held.
cl 5: Am 2014 (238), cl 3 (1); 2017 No 22, Sch 1.31 [3].
Part 3 Vice-Chancellor
Part 3 Vice-Chancellor
Part 3 Vice-Chancellor
6 Authority
6 Authority
6 Authority
Nothing in this Part affects the precedence or authority of the Chancellor or a Deputy Chancellor.
cl 6: Am 2017 No 22, Sch 1.31 [4].
7 Functions of Vice-Chancellor
7 Functions of Vice-Chancellor
7 Functions of Vice-Chancellor
The Vice-Chancellor is:
(a) to promote and further the development and interests of the University including, but without limiting the generality of this clause, the welfare of staff and students, and
(b) to be responsible to the Council for the general academic, administrative, financial and other business of the University, and
(c) to exercise a general supervision over all staff and students of the University, and
(d) to do all things ancillary to those functions referred to in paragraphs (a), (b) and (c).
8 Functions and authority delegated by Council
8 Functions and authority delegated by Council
8 Functions and authority delegated by Council
Without prejudice to the generality of clause 7, the Vice-Chancellor is to exercise such functions and authority as may from time to time be delegated by the Council.
9 Powers of Vice-Chancellor in relation to University bodies
9 Powers of Vice-Chancellor in relation to University bodies
9 Powers of Vice-Chancellor in relation to University bodies
The Vice-Chancellor is, by virtue of holding that office, a member of any board, committee or faculty within the University and, unless the Council determines otherwise, may preside at a meeting of any such board, committee or faculty.
Part 4 Council membership
Part 4 Council membership
Part 4 Council membership
10
10 (Repealed)
10
cl 10: Rep 2012 (134), Sch 2 [4].
11 Qualification for election as elected academic staff member
11 Qualification for election as elected academic staff member
11 Qualification for election as elected academic staff member
(1) For the purposes of section 8D (3) of the Act, the prescribed qualifications in respect of a person seeking election as an elected academic staff member are the qualifications specified in this clause.
(2) The Returning Officer is to keep a roll (in this By-law referred to as the Roll of Academic Staff) containing the names and last known addresses of:
(a) professors within the University, and
(b) persons employed as full-time staff of the University in the position of associate professor, senior lecturer or lecturer within the University, or such other position within the University as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph, and
(c) officers holding the positions of Deputy Vice-Chancellor and Pro Vice-Chancellor within the University and such other positions within the University as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph.
(3) The persons qualified to be elected as an elected academic staff member are those persons whose names appear on the Roll of Academic Staff at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(4) The persons entitled to vote for the academic staff members are those persons whose names appear on the Roll of Academic Staff at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(5) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 11: Am 2012 (134), Sch 2 [5] [6].
12 Qualification for election as elected non-academic staff member
12 Qualification for election as elected non-academic staff member
12 Qualification for election as elected non-academic staff member
(1) For the purposes of section 8D (3) of the Act, the prescribed qualifications in respect of a person seeking election as an elected non-academic staff member are the qualifications specified in this clause.
(2) The Returning Officer is to keep a roll (in this By-law referred to as the Roll of Non-academic Staff) containing the names and last known addresses of the full-time staff of the University who are not staff to whom clause 11 (2) applies.
(3) The persons qualified to be elected as an elected non-academic staff member are those persons whose names appear on the Roll of Non-academic Staff at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(4) The persons entitled to vote for the non-academic staff member are those persons whose names appear on the Roll of Non-academic Staff at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(5) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 12: Am 2012 (134), Sch 2 [7] [8].
13 Qualification for election as elected student (undergraduate) member
13 Qualification for election as elected student (undergraduate) member
13 Qualification for election as elected student (undergraduate) member
(1) For the purposes of section 8D (3) of the Act, the prescribed qualifications in respect of a person seeking election as an elected student (undergraduate) member are the qualifications specified in this clause.
(2) The Returning Officer is to keep a roll (in this By-law referred to as the Roll of Undergraduate Students) containing the names and last known addresses of:
(a) persons who are enrolled as candidates proceeding to an undergraduate degree or diploma in the University (other than persons so enrolled who are members of the staff of the University), and
(b) such other persons as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph.
(3) The persons qualified to be elected as an elected student (undergraduate) member are those persons whose names appear on the Roll of Undergraduate Students at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(4) The persons entitled to vote for the undergraduate student member are those persons whose names appear on the Roll of Undergraduate Students at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(5) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 13: Am 2012 (134), Sch 2 [9] [10].
14 Qualification for election as elected student (postgraduate) member
14 Qualification for election as elected student (postgraduate) member
14 Qualification for election as elected student (postgraduate) member
(1) For the purposes of section 8D (3) of the Act, the prescribed qualifications in respect of a person seeking election as an elected student (postgraduate) member are the qualifications specified in this clause.
(2) The Returning Officer is to keep a roll (in this By-law referred to as the Roll of Postgraduate Students) containing the names and last known addresses of:
(a) persons who are enrolled as candidates proceeding to a postgraduate degree, diploma or certificate in the University (other than persons so enrolled who are members of the staff of the University), and
(b) such other persons as may be specified from time to time in resolutions made by the Council for the purposes of this paragraph.
(3) The persons qualified to be elected as an elected student (postgraduate) member are those persons whose names appear on the Roll of Postgraduate Students at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(4) The persons entitled to vote for the postgraduate student member are those persons whose names appear on the Roll of Postgraduate Students at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(5) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 14: Am 2012 (134), Sch 2 [11] [12].
15 Graduate members
15 Graduate members
15 Graduate members
(1) For the purposes of section 8E (4) of the Act, the prescribed qualifications in respect of a person seeking to be a graduate member are the qualifications specified in this clause.
(2) The Returning Officer is to keep:
(a) a roll (in this By-law referred to as the Roll of Graduates) containing the names and last known addresses of the graduates of the University, and
(b) a register in relation to each election of graduate members (in this By-law referred to as the Graduate Election Register) containing the names and last known addresses of graduates of the University who have duly applied to be listed on the register in relation to the election concerned.
(3) At least 30 days before an election of graduate members, the Returning Officer is to invite graduates of the University to apply to be listed on the Graduate Election Register relating to that election in the manner and within the time specified in the invitation.
(4) The Returning Officer is to make such an invitation by placing a notice to that effect:
(a) in a newspaper circulating throughout Australia, and
(b) on the Internet by means of the website of the University, and
(c) by any other means that the Returning Officer considers appropriate.
(5) The persons qualified to be elected as graduate members are persons whose names appear on the Roll of Graduates, other than members of the staff and students of the University, at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(6) The persons entitled to vote for the graduate members are those persons whose names appear on the Graduate Election Register for the election concerned, other than members of the staff and students of the University, at the date and time prescribed pursuant to clause 3 (2) of Schedule 1 for the close of nominations.
(7) The provisions of Schedule 1 apply to an election conducted under this clause.
cl 15: Am 2012 (134), Sch 2 [13].
16 Nomination procedures relating to appointed members
16 Nomination procedures relating to appointed members
16 Nomination procedures relating to appointed members
(1) The Council is to establish a Council Nominations Committee consisting of the following persons:
(a) the Chancellor,
(b) at least one Deputy Chancellor,
(c) the Vice-Chancellor,
(d) 2 members of the Council who are not academic or non-academic staff members, or undergraduate or postgraduate students, of the University.
(1A) Despite subclause (1), the Committee may be differently constituted if the Council so determines.
(2) At least 60 days before the term of office of a member of the Council appointed under section 8F or 8G of the Act expires, the Council Nominations Committee is to identify persons who may be suitable for appointment as such a member.
(3) The Committee is:
(a) to determine which of those persons are to be recommended to the Council:
(i) for suggestion for appointment by the Minister, or
(ii) for appointment by the Council,
as the case may be, and
(b) to recommend the length of appointment for each such person, and
(c) to forward those recommendations to the Council.
(4) The Council is:
(a) to consider the recommendations forwarded by the Committee, and
(b) to determine which of the recommended persons are to be:
(i) suggested for appointment by the Minister, or
(ii) appointed by the Council,
as the case may be, and
(c) to determine:
(i) in the case of the persons referred to in paragraph (b) (i), the suggested length of appointment for each such person, or
(ii) in the case of the persons referred to in paragraph (b) (ii), the length of appointment for each such person.
(5) The Chancellor is to forward the determinations referred to in subclause (4) (b) (i) and (c) (i) to the Minister.
cl 16: Am 2012 (134), Sch 2 [15]–[18]; 2012 No 42, Sch 2.40; 2017 No 22, Sch 1.31 [5] [6].
17 Casual vacancies
17 Casual vacancies
17 Casual vacancies
(1) For the purposes of clause 3 of Schedule 1 to the Act, the prescr
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