This By-law prescribes governance mechanics at Western Sydney University: term lengths for the Chancellor and Deputy Chancellors, procedures for appointing and electing Board members (including nominations, casual vacancies and eligible rolls), who may make and publish University rules, and the Secretary’s role as returning officer. It repeals the 2005 by-law.
It affects university office‑holders, staff and students by fixing eligibility, election mechanics and decision-making discretion. The Board and returning officer exercise key powers; administrative duties (maintaining rolls, publishing rules) create modest compliance burdens.
This By-law prescribes governance and administrative procedures for Western Sydney University that implement and supplement the Western Sydney University Act 1997 (the Act). Mechanically, it does the following.
Defines office terms for the Chancellor and Deputy Chancellors, including prescribed commencement dates and rules for casual vacancies (cl 4; cl 5). The Chancellor’s standard term is four years, with commencement on 1 January after election unless the Board resolves otherwise (cl 4(a)). Casual vacancies for Chancellor and Deputy Chancellor are filled either for the remainder of the prior term or for a fresh term depending on timing (cl 4(b); cl 5(1)(b)).
Sets processes for appointment and election to the Board, dividing procedures for Board-appointed members and elected members (Part 3, Div 1 and Div 2; cl 6-12, 12A). It prescribes nomination committee duties and membership for Board-appointed positions, and directs the Board to adopt rules for elections (cl 7; cl 10).
Establishes election-related mechanics: the Secretary of the University is the returning officer for all elections, the returning officer must “take all reasonable steps” to ensure fairness and has final decision-making authority in matters affecting conduct and results of elections (cl 17(1)-(3)). The returning officer keeps and controls Rolls for academic staff, professional staff, undergraduate students and postgraduate students, with specified eligibility criteria for entry (cl 18).
Confers rule-making powers and delegation lines. The Board may make rules for matters conferred by the Act, and the Vice-Chancellor may make rules for the good conduct and management of the University (cl 13). It sets hierarchy between rules made by the Board and those made by the Vice-Chancellor (cl 14). It also requires rules to be published on the University website but clarifies that failure to publish does not invalidate a rule (cl 15).
Current sections
Direct links to the current provisions in Western Sydney University By-law 2017.
This By-law commences on the day on which it is published on the NSW legislation website.
3
Definitions
3 Definitions
3 Definitions
(1) In this By-law:
casual vacancy in an office means a vacancy that occurs in that office otherwise than because of the expiration of the term of that office.
close of nominations, in relation to an election, means the date and time by which nominations must be received by the returning officer for the election in accordance with the election rules.
election rules means rules made by the Board for or with respect to matters referred to in section 41 (1A) of the Act.
returning officer means the returning officer for an election, as referred to in clause 17.
rule means a rule made under section 41 (1) of the Act.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this By-law.
(2) Notes included in this By-law do not form part of this By-law.
cl 3: Am 2019 (62), Sch 2 [1].
Part 2
Chancellor and Deputy Chancellors
Part 2 Chancellor and Deputy Chancellors
Part 2 Chancellor and Deputy Chancellors
4
Chancellor
4 Chancellor
4 Chancellor
For the purposes of section 13 (2) of the Act, the prescribed period for which the Chancellor is to hold office is as follows:
(a) for a person elected to fill a vacancy due to the expiry of the term of office of the previous Chancellor—4 years commencing on:
(i) 1 January following the election of the person, or
(ii) if another date following the election is resolved by the Board, that other date,
(b) for a person elected to fill a casual vacancy in the office of Chancellor:
(i) if the vacancy occurs within the first 12 months of the term of office of the previous Chancellor—the remainder of the term,
(ii) in any other case—4 years, commencing on a date following that election that is resolved by the Board.
Note—
Section 37 of the Act enables the re-appointment or re-election of a person to an office under the Act that the person has held and for which the person is still eligible.
Section 38 of the Act limits the circumstances in which a person is eligible to hold the office of Chancellor for a third consecutive term and provides that a person is not eligible to hold that office for 4 consecutive terms.
5
Deputy Chancellors
5 Deputy Chancellors
5 Deputy Chancellors
(1) For the purposes of section 14 (2) of the Act, the prescribed period for which a Deputy Chancellor is to hold office is as follows:
(a) for a person elected to fill a vacancy due to the expiry of the term of office of a Deputy Chancellor—4 years commencing on:
(i) 1 January following the election of the person, or
(ii) if another date following that election is resolved by the Board, that other date,
(b) for a person elected to fill a casual vacancy in the office of a Deputy Chancellor—the remainder of the term of office of the previous Deputy Chancellor concerned.
(2) If the Board so resolves, the term of office for a Deputy Chancellor provided for in subclause (1) is to be reduced to a shorter period specified in the resolution to ensure that the term corresponds with the term for which the Deputy Chancellor holds office as a member of the Board.
Note—
Section 37 of the Act enables the re-appointment or re-election of a person to an office under the Act that the person has held and for which the person is still eligible.
Section 38 of the Act limits the circumstances in which a person is eligible to hold the office of a Deputy Chancellor for a third consecutive term and provides that a person is not eligible to hold that office for 4 consecutive terms.
Board appointed member of the Board means a member appointed under section 10F.
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.
7 Nomination procedures for Board appointed members
7 Nomination procedures for Board appointed members
(1) As soon as reasonably practicable before the term of office of a Board appointed member of the Board expires, a nominations committee established by the Board is to identify persons who may be suitable for appointment as a member of that category.
(2) The nominations committee is:
(a) to determine which of those persons are to be recommended to the Board for appointment by the Board, and
(b) to recommend the period of appointment for each of the persons to be recommended, and
(c) to forward its recommendations to the Board.
(3) In determining the persons to be recommended under subclause (2) (a), the nominations committee is to have regard to:
(a) the skills and experience of the current members of the Board, and
(b) the matters referred to in section 10C of the Act.
(4) The Board is:
(a) to consider the recommendations forwarded by the nominations committee, and
(b) to determine which of the recommended persons are to be appointed by the Board, and
(c) to determine the recommended period of appointment for each such person.
(5) A nominations committee is to consist of the following persons:
(a) the Chancellor,
(b) the Deputy Chancellor or the Deputy Chancellors (as the case may be),
(c) the Vice-Chancellor,
(d) if the Board so resolves, one or more members of the Board who are external persons.
(6) Despite subclause (5), a nominations committee may be differently constituted if the Board so resolves.
Procedure for filling casual vacancy in office of Board appointed member
8 Procedure for filling casual vacancy in office of Board appointed member
8 Procedure for filling casual vacancy in office of Board appointed member
If a casual vacancy occurs in the office of a Board appointed member of the Board, the Board is to appoint another person to fill the vacancy in accordance with the procedures set out in clause 7.
Note—
Section 10I (1) (b) of the Act provides that, subject to the Act, a Board appointed member holds office for the term (not exceeding 4 years) specified in the member’s instrument of appointment.
elected member of the Board means a member elected under section 10D of the Act.
cll 9–12: Subst 2019 (62), Sch 2 [2].
10
Election procedures for elected member of the Board
10 Election procedures for elected member of the Board
10 Election procedures for elected member of the Board
For the purposes of section 10D (3) (b) of the Act, an election is to be conducted in accordance with rules made by the Board.
cll 9–12: Subst 2019 (62), Sch 2 [2].
11
Procedure for filling casual vacancy in office of elected member
11 Procedure for filling casual vacancy in office of elected member
11 Procedure for filling casual vacancy in office of elected member
A casual vacancy in the office of an elected member of the Board is to be filled as follows:
(a) if the vacancy occurs within the first 12 months of the term of that office, a person is to be elected, in accordance with rules made by the Board, to hold the office for the remainder of the term,
(b) in any other case, the Board must appoint a person who is qualified to hold the office of an elected member of the Board to hold the office of the previous member for the remainder of the term.
cll 9–12: Subst 2019 (62), Sch 2 [2].
12
Qualifications for candidates and voters
12 Qualifications for candidates and voters
12 Qualifications for candidates and voters
(1) The qualifications for election for a position as a member of the Board and voting at an election are as follows:
(a) Elected (academic staff) member
The qualifications for election as an elected (academic staff) member of the Board under section 10D (1) (a) of the Act, and the qualifications for voting at such an election, are that the candidate or voter, as the case may be, must have his or her name entered on the Roll of Academic Staff at the date and time for the close of nominations for the relevant election.
(b) Elected (general staff) member
The qualifications for election as an elected (general staff) member of the Board under section 10D (1) (b) of the Act, and the qualifications for voting at such an election, are that the candidate or voter, as the case may be, must have his or her name entered on the Roll of Professional Staff at the date and time for the close of nominations for the relevant election.
(c) Elected (student) member
The qualifications for election as an elected (student) member of the Board under section 10D (1) (c) of the Act, and the qualifications for voting at such an election, are that the candidate or voter, as the case may be, must have his or her name entered on the Roll of Undergraduate Students or the Roll of Postgraduate Students at the date and time for the close of nominations for the relevant election.
(2) A person may not stand for election for more than one position as a member of the Board, even if his or her name is entered on more than one Roll kept under this By-law.
(3) A person whose name is entered on more than one Roll kept under this By-law may vote in each relevant election category.
cll 9–12: Subst 2019 (62), Sch 2 [2].
12A
Term of office of elected members
12A Term of office of elected members
12A Term of office of elected members
For the purposes of section 10I (1) (c) of the Act, the prescribed term of office of an elected member of the Board is:
(a) for a person elected to fill a vacancy due to the expiry of the term of office of the previous office holder—2 years commencing on 1 January following the election of the person, or
(b) for a person elected to fill a casual vacancy—the remainder of the term of office of the previous office holder.
Note—
Section 37 of the Act enables the re-appointment or re-election of a person to an office under the Act that the person has held and for which the person is still eligible.
cl 12A: Ins 2019 (62), Sch 2 [2].
Part 4
Rules
Part 4 Rules
Part 4 Rules
13
Making rules
13 Making rules
13 Making rules
(1) The Board may make rules for or with respect to all or any of the matters for or with respect to which rules may be made under the Act.
(2) The Vice-Chancellor may make rules for the good conduct and management of the University.
Note—
Section 41 (1) of the Act provides that the by-laws may empower any authority (including the Board) or officer of the University to make rules (not inconsistent with the Act or the by-laws) for or with respect to matters for which by-laws may be made, except the matters referred to in sections 3 (2), 10D (2) (c) (i) and (3) (a), 10E (4), 10F (2), 10I (1) (c) and (d) and (2) (a), 13 (2), 14 (2), 22 (1) (e) and (f) and 40 (1) (ja) of the Act and clause 3 of Schedule 1 to the Act (to the extent it relates to appointments).
However, section 41 (1A) of the Act provides that only the Board may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 10D (3) (b), 10E (2) (a) and 40 (1) (b) of the Act and clause 3 of Schedule 1 to the Act (to the extent it relates to elections) (election rules).
cl 13: Am 2019 (62), Sch 2 [3]–[5].
14
Inconsistency between rules
14 Inconsistency between rules
14 Inconsistency between rules
A rule made by the Board prevails over a rule made by the Vice-Chancellor to the extent of any inconsistency.
Note—
Section 41 (3) of the Act provides that in the event of any inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.
15
Publication of rules
15 Publication of rules
15 Publication of rules
(1) A rule must be published on the University’s website.
(2) A rule may also be:
(a) published by any other method determined by the Board (for rules made by the Board) or the Vice-Chancellor (for rules made by the Vice-Chancellor), including by electronic means, and
(b) made available for inspection in hard copy form.
(3) Failure to comply with subclause (1) does not invalidate a rule.
Note—
Section 41 (2) (c) of the Act provides that a rule takes effect on the day on which it is published or on such later day as may be specified in the rule.
16
Amendment or repeal of rules
16 Amendment or repeal of rules
16 Amendment or repeal of rules
(1) A person or body with power to make a rule under this By-law also has power to amend or repeal that rule from time to time.
(2) Clause 15 applies to an amendment or repeal of a rule in the same way as it applies to the making of the rule.
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
17
Returning officer
17 Returning officer
17 Returning officer
(1) The Secretary of the University is the returning officer for all elections.
(2) The returning officer is to take all reasonable steps to ensure the fairness and integrity of the election process.
(3) Subject to the Act and this By-law, the returning officer’s decision is final in connection with any matter affecting the conduct of an election including, without limitation, eligibility of candidates and the results of any election.
(4) The returning officer may authorise another person to exercise any function of the returning officer under this By-law or the rules of the Board. Any function exercised by that authorised person is taken to have been exercised by the returning officer.
18
Rolls of the University
18 Rolls of the University
18 Rolls of the University
(1) The returning officer is to keep the following rolls:
(a) a Roll of Academic Staff containing the names of persons employed by the University as academic staff members:
(i) on a full-time basis, or on a part-time basis that requires at least 50% of the full-time work hours for an equivalent position to be worked, and
(ii) on a continuing basis, or for a fixed term of at least 1 year,
(b) a Roll of Professional Staff containing the names of persons employed by the University as professional staff members:
(i) on a full-time basis, or on a part-time basis that requires at least 50% of the full-time work hours for an equivalent position to be worked, and
(ii) on a continuing basis, or for a fixed term of at least 1 year,
(c) a Roll of Undergraduate Students containing the names of the students:
(i) who are enrolled at the University as candidates proceeding to an undergraduate degree, diploma or certificate, and
(ii) whose names are not entered on the Roll of Academic Staff or the Roll of Professional Staff,
(d) a Roll of Postgraduate Students containing the names of the students:
(i) who are enrolled at the University as candidates proceeding to a postgraduate degree, diploma or certificate, and
(ii) whose names are not entered on the Roll of Academic Staff or the Roll of Professional Staff.
(2) A person is not entitled to have his or her name entered on the Roll of Undergraduate Students or the Roll of Postgraduate Students unless the person has completed, to the satisfaction of the University, all requirements for enrolment or re-enrolment in the degree, diploma or certificate course concerned.
(3) The returning officer is entitled to alter a Roll at any time by:
(a) correcting any error or omission in the details entered on the Roll, or
(b) changing, on the written application of any eligible person, the name or address of that person entered on the Roll, or
(c) removing the name of any deceased person, or
(d) removing a superfluous entry where a person’s name appears more than once on the Roll,
(e) removing the name of a person who is not eligible to be entered on the Roll,
(f) reinstating the name of an eligible person removed from the Roll if the returning officer is satisfied that the person is entitled to be entered on the Roll.
(4) Despite subclause (3), a Roll is not invalid only because any one or more of the following occurs in connection with the Roll:
(a) the Roll contains any mistake or omission in the details of any eligible person entered on the Roll,
(b) the Roll contains the name of any deceased person,
(c) the Roll contains more than one entry for the same eligible person,
(d) the Roll contains the name of a person who is not entitled to be entered on the Roll,
(e) the Roll does not contain the name of a person entitled to be entered on the Roll.
19
Transitional provision
19 Transitional provision
19 Transitional provision
(1) Any person who, immediately before the commencement of this By-law, held office as Chancellor or a Deputy Chancellor continues to hold that office for the remainder of the term for which that person was elected, subject to the Act and this By-law.
(2) Any person who, immediately before the commencement of this By-law, held office as a member of the Board (whether elected or appointed):
(a) remains a member of the Board in the category for which he or she was elected or appointed, and
(b) continues to hold that office for the remainder of the term for which that person was elected or appointed, subject to the Act and this By-law.
(2) Any act, matter or thing that, immediately before the repeal of the Western Sydney University By-law 2005, 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.
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 Western Sydney University By-law 2017.
2 Commencement
2 Commencement
2 Commencement
This By-law commences on the day on which it is published on the NSW legislation website.
3 Definitions
3 Definitions
3 Definitions
(1) In this By-law:
casual vacancy in an office means a vacancy that occurs in that office otherwise than because of the expiration of the term of that office.
close of nominations, in relation to an election, means the date and time by which nominations must be received by the returning officer for the election in accordance with the election rules.
election rules means rules made by the Board for or with respect to matters referred to in section 41 (1A) of the Act.
returning officer means the returning officer for an election, as referred to in clause 17.
rule means a rule made under section 41 (1) of the Act.
the Act means the Western Sydney University Act 1997.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this By-law.
(2) Notes included in this By-law do not form part of this By-law.
cl 3: Am 2019 (62), Sch 2 [1].
Part 2 Chancellor and Deputy Chancellors
Part 2 Chancellor and Deputy Chancellors
Part 2 Chancellor and Deputy Chancellors
4 Chancellor
4 Chancellor
4 Chancellor
For the purposes of section 13 (2) of the Act, the prescribed period for which the Chancellor is to hold office is as follows:
(a) for a person elected to fill a vacancy due to the expiry of the term of office of the previous Chancellor—4 years commencing on:
(i) 1 January following the election of the person, or
Provides transition and repeal mechanics: the By-law repeals the 2005 By-law and preserves existing acts, matters and rules to the extent they are not inconsistent (cl 20). Transitional provisions preserve incumbents in office through their existing terms (cl 19).
The By-law is framed to operate alongside the Act and the Interpretation Act 1987; its operative effect commences on publication to the NSW legislation website (cl 2; cl 3 note). It does not create criminal offences or statutory pecuniary penalties within its text. Instead, it creates administrative decision points, record-keeping obligations and delegation rules that determine who decides, who records and whose eligibility matters for Board composition and elections.
Main concepts
The By-law rests on a small set of interlocking administrative concepts. Set out here are those concepts, with the controlling clauses.
Prescribed terms and commencement of office. The By-law prescribes the duration and commencement of office for the Chancellor and Deputy Chancellors (cl 4; cl 5). For Board-appointed and elected Board members, it prescribes the terms of office (cl 12A; cl 4; cl 5).
Nominations and appointment machinery. The nominations committee is the mechanism for identifying and recommending Board-appointed candidates (cl 7). The committee must identify suitable persons as soon as reasonably practicable before an office term expires, recommend which persons to appoint and their appointment period, and have regard to skills, current Board composition and matters in s 10C of the Act (cl 7(1)-(4)).
Election rules and returning officer finality. The Board must make rules governing elections (cl 10; cl 13 note referring to s 41(1A) of the Act). The Secretary is the returning officer and has a statutory responsibility to ensure fairness and integrity and a final administrative role on election conduct and results, subject to the Act and the By-law (cl 17(1)-(3)).
Rolls and voter/candidate eligibility. The By-law establishes four discrete Rolls with precise eligibility conditions for entry, which in turn determine who may stand for and vote in different Board-elected categories (cl 18; cl 12). The return officer has powers to alter Rolls by correction, removal, reinstatement and change of name or address (cl 18(3)). The By-law also makes clear that certain errors or ineligible entries do not invalidate a Roll (cl 18(4)).
Rule-making and hierarchy. The Board may make rules for matters that by the Act or by-law may be the subject of rules, and the Vice-Chancellor may make rules for good conduct and management (cl 13). A Board-made rule prevails over a Vice-Chancellor-made rule in case of inconsistency (cl 14). Rules must be published on the University’s website (cl 15(1)), although publication failure does not invalidate the rule (cl 15(3)). Rule-makers retain power to amend or repeal rules (cl 16).
Transitional continuity and savings. The By-law explicitly repeals the 2005 By-law and continues acts, rules and arrangements from the repealed instrument to the extent not inconsistent, and carries over incumbent officeholders for their remainder terms (cl 19; cl 20).
Each concept creates decision and compliance points for different actors. The nominations committee and Board decide candidate selection and terms (cl 7; cl 4; cl 12A). The Secretary/returning officer decides eligibility and election outcomes (cl 17). Rule-makers decide detailed procedures, subject to publication and hierarchical rules (cl 13-16). The Roll definitions allocate entitlement to vote, stand and be recorded (cl 12; cl 18). The By-law ties these internal rules to the Act by repeated cross-reference (cl 3 note; cl 13 note).
Who it affects
The By-law affects a defined set of organisational actors and cohorts of individuals within the University. Identify who is affected and how the By-law changes their formal positions, decision authority and compliance duties.
Chancellor and Deputy Chancellors. The By-law prescribes terms, commencement dates and procedures for casual vacancies for the Chancellor and Deputy Chancellors. The Chancellor’s ordinary term is four years commencing 1 January after election unless the Board resolves otherwise (cl 4(a)). Deputy Chancellor terms mirror this with Board power to reduce terms to align with the Board term for the officeholder (cl 5(1)-(2)). Persons holding those offices immediately before commencement remain for the balance of their term (cl 19(1)).
Board members. Board-appointed members, elected members, and incumbents are affected. The By-law prescribes how Board-appointed members are identified and appointed through the nominations committee (cl 7); substitutes procedures for casual vacancies for appointed members (cl 8) and elected members (cl 11); the term length of elected members (cl 12A); and candidate and voter qualifications (cl 12). Incumbent members prior to commencement remain until term expiry (cl 19(2)).
Nominations committee and the Board. The nominations committee has explicit duties to identify and recommend candidates and recommended appointment periods (cl 7(1)-(4)). The Board has the power to consider recommendations, select appointees and determine appointment periods (cl 7(4)). The Board also makes rules governing elections and other matters under the Act (cl 13).
Returning officer, Secretary and authorised delegates. The Secretary is the returning officer for all elections (cl 17(1)). The returning officer must take reasonable steps to ensure fairness and integrity (cl 17(2)) and has final decision-making authority over election conduct and results, subject to the Act and By-law (cl 17(3)). The returning officer may authorise another person to perform functions (cl 17(4)), and any authorised function is taken to have been exercised by the returning officer.
Vice-Chancellor. The Vice-Chancellor may make rules for the good conduct and management of the University (cl 13(2)). Those rules are subordinate to Board-made rules to the extent of any inconsistency (cl 14).
Academic staff, professional staff, and students. The By-law defines Rolls that determine standing for election and voting rights. Academic staff and professional staff meeting hours and tenure criteria are entered on respective Rolls for electoral purposes (cl 18(1)(a)-(b); cl 12(1)(a)-(b)). Undergraduate and postgraduate students who are enrolled candidates are included on student Rolls unless their names appear on staff Rolls (cl 18(1)(c)-(d); cl 12(1)(c)). Candidates and voters must be on the relevant Roll at the close of nominations (cl 12(1)).
External persons. The nominations committee, if the Board resolves, can include external persons (cl 7(5)(d)). The By-law defines “external person” for the Division addressing appointment procedures (cl 6).
Administrative staff responsible for Rolls and publication. The returning officer is explicitly responsible for keeping and altering Rolls (cl 18). Persons making rules must publish them on the University website (cl 15), and administrative staff will be responsible for compliance with publication and record-keeping obligations.
The By-law therefore affects governance actors (Chancellor, Deputy Chancellor and Board), electoral administrators (Secretary/returning officer), rule-makers (Board and Vice-Chancellor) and the constituencies that elect or can be elected (staff and students). It changes who decides (Board vs Vice-Chancellor), who records and verifies eligibility (returning officer), and creates formal expectations about term lengths and vacancy filling that affect turnover and succession planning (cl 4; cl 5; cl 11; cl 12A).
Key duties and rights
The By-law allocates a number of duties and confers rights relevant to governance, elections and rule-making. Below are the principal duties and rights, tied to the relevant clauses.
Duties
Nominations committee duties. The nominations committee must identify persons suitable for Board-appointed vacancies, decide whom to recommend, recommend appointment periods, and forward recommendations to the Board. It must have regard to current Board skills and experience and matters in s 10C of the Act (cl 7(1)-(4)). The committee’s membership is prescribed unless the Board resolves otherwise (cl 7(5)-(6)).
Board duties. The Board must consider the nominations committee’s recommendations, determine appointments and appointment periods for Board-appointed members (cl 7(4)). The Board also has the duty to make rules for matters within the Act’s delegation and to ensure such rules are published (cl 13; cl 15(1)).
Returning officer duties. The Secretary, as returning officer, must take all reasonable steps to ensure fairness and integrity in elections and keep Rolls. The returning officer must also make eligibility decisions and is to ensure integrity of election processes (cl 17(1)-(2); cl 18(1)-(3)).
Rule-making and publication duties. Both the Board and the Vice-Chancellor have duties when making rules to ensure publication and availability of rules, with the Board’s rule prevailing over the Vice-Chancellor’s rule in case of inconsistency (cl 13-16).
Roll maintenance duties. The returning officer must correct errors, change details upon written application, remove deceased or ineligible names, remove duplicate entries, and reinstate eligible persons if satisfied (cl 18(3)).
Rights and powers
Board’s rule-making power. The Board may make rules for matters permitted by the Act and this By-law and may specify election rules under s 41(1A) of the Act (cl 13; cl 10).
Vice-Chancellor’s rule-making power. The Vice-Chancellor may make rules for the good conduct and management of the University (cl 13(2)). These rules are subordinate to Board-made rules (cl 14).
Returning officer finality. The returning officer’s decision is final in connection with any matter affecting the conduct of an election, subject to the Act and this By-law (cl 17(3)). The returning officer may delegate functions, with delegated actions taken as if done by the returning officer (cl 17(4)).
Appointment and election rights. Individuals who satisfy Roll criteria have the right to stand for election and to vote in the categories for which they are eligible, provided their names are on the relevant Roll at the close of nominations (cl 12(1); cl 18(1)).
Continuity rights for incumbents. Persons occupying offices immediately before the By-law’s commencement continue to hold office for the remainder of their term, subject to the Act and the By-law (cl 19).
Notable structural features about duties and rights
The By-law confers administrative finality in key places. The returning officer’s finality on election matters (cl 17(3)) and the Board’s power to determine appointment periods for appointees (cl 7(4)) concentrate decision authority rather than creating multi-tiered internal appeals in the By-law text.
The By-law imposes publication obligations for rules but expressly states that failure to publish does not invalidate a rule (cl 15(3)). This preserves substantive rule validity while creating a compliance requirement with limited legal consequence in terms of invalidity.
The By-law delegates many procedural details to rules made by the Board and the Vice-Chancellor (cl 13). That delegation creates an expectation that operational compliance will be carried in rules rather than the By-law’s text.
Each duty and right therefore creates practical operational obligations: nominations procedures and skills mapping (cl 7), roll maintenance and verification (cl 18), and rule publication and amendment (cl 15-16). Actors exercising those duties should record decisions and authorisations, because the By-law centralises final decision authority in the Board and the returning officer rather than creating internal appeal mechanisms.
Penalties and enforcement
The By-law itself contains no express criminal offences, monetary penalties or civil penalty provisions. Enforcement mechanisms are administrative and rely on institutional decision-making described in the text. The following concrete enforcement and sanctioning mechanisms exist in the By-law.
Administrative finality
Returning officer’s final decisions. The returning officer’s decision is final on matters affecting election conduct and results, subject to the Act and the By-law (cl 17(3)). That allocation means the primary enforcement mechanism for election disputes is administrative finality rather than internal appeal within the By-law.
Board oversight. The Board receives nominations committee recommendations and determines appointments and appointment periods for Board-appointed members (cl 7(4)). The Board therefore has an enforcement role insofar as it may accept or reject nominations committee recommendations.
Roll management powers
Correction and removal of entries. The returning officer may alter Rolls by correcting errors, changing details on application, removing deceased persons, removing superfluous duplicate entries, removing persons not eligible to be entered, and reinstating eligible persons (cl 18(3)). These powers permit administrative correction of entries that may invalidate a candidate’s vote or candidacy.
Non-invalidity clause. The By-law states that a Roll is not invalid solely because it contains mistakes, the name of a deceased person, duplicates, ineligible names or omits entitled persons (cl 18(4)). That clause functions as a controlling rule on the legal effect of technical defects in Rolls.
Rule validity and publication
Rules take effect on publication under the Act (cl 15 note referring to s 41(2)(c) of the Act). The By-law requires rules to be published on the University website (cl 15(1)), may be published by other methods (cl 15(2)), and preserves rule validity even if publication obligations are not complied with (cl 15(3)). The enforcement implication is that defects in publication are not a mechanism for invalidating substantive rules.
Absence of statutory sanctions and appeal pathways in the By-law
The By-law does not itself provide for fines, civil penalties or suspensions. It does not prescribe appeals mechanisms for decisions by the returning officer beyond the statement that those decisions are final subject to the Act and this By-law (cl 17(3)). Any further enforcement or review pathways would therefore arise from the Act or general administrative law, but such avenues are not set out in the By-law.
Practical enforcement implications and risks
Because the By-law centralises finality in the returning officer and in Board determinations without specifying internal review steps, affected persons may seek remedies under the Act or judicial review, but the By-law itself does not create or describe those paths. The returning officer’s delegated authority also requires careful documentation because authorisations are taken to have been exercised by the returning officer (cl 17(4)).
The returning officer’s broad Roll powers allow administrative remedies for ineligible entries, but the non-invalidity clause (cl 18(4)) reduces the legal leverage of technical defects in Rolls as a ground for invalidating elections or actions.
In sum, enforcement in this By-law operates through institutional decision-making, record alteration, and administrative finality rather than statutory penalties. The By-law relies on the Act and institutional processes as the primary enforcement architecture, while preserving practical remedies through Roll correction and Board-level determinations.
How it interacts with other laws
The By-law is expressly crafted as subordinate and complementary to the Western Sydney University Act 1997 and interacts with other statutory instruments by cross-reference and by preserving prior instruments. The key interaction points are as follows.
Primary statutory relationship
Subordination to the Act. The By-law repeatedly references the Act and states that definitions and interpretation in the Act and the Interpretation Act 1987 affect its application (cl 3 note). The By-law implements specific provisions of the Act by prescribing terms of office, appointment procedures and delegation of rule-making consistent with the Act (cl 4, cl 5, cl 7, cl 13).
Delegation and limits. The By-law reproduces the Act’s delegation constraints. The notes to cl 13 list Act sections and matters that cannot be delegated to rules, for example sections 3(2), 10D(2)(c)(i) and (3)(a), 10E(4), 10F(2), 10I(1)(c) and (d) and (2)(a), 13(2), 14(2), 22(1)(e) and (f) and 40(1)(ja), and clause 3 of Schedule 1 to the Act to the extent it relates to appointments. The By-law therefore recognises that rule-making under cl 13 must be consistent with the Act’s non-delegable areas.
Election rules and s 41(1A). The By-law points to s 41(1A) of the Act for election rules, and preserves that only the Board may be empowered to make rules concerning election matters referred to in s 10D(3)(b), 10E(2)(a) and 40(1)(b) of the Act (cl 13 note). That establishes an interaction where the Act allocates particular election-making responsibility to the Board and the By-law implements that by requiring Board-made election rules (cl 10).
Interaction with prior by-laws and savings
Repeal of the 2005 By-law. Clause 20(1) repeals the Western Sydney University By-law 2005. Clause 20(2) and (3) save existing acts, matters and rules to the extent they are not inconsistent with the new By-law. In particular, rules made under the repealed By-law are taken to have been made under the corresponding provisions of this By-law (cl 20(3)). That provides continuity with prior practice but subjects legacy rules to the new text’s constraints.
Publication and interpretation law
The By-law’s publication requirement for rules links to s 41(2)(c) of the Act which provides that a rule takes effect on publication or as otherwise specified (cl 15 note). The By-law requires publication on the University website (cl 15(1)), but also includes a non-invalidity clause that mitigates the legal consequences of publication lapses (cl 15(3)). That interplay balances transparency obligations under the Act with institutional continuity.
Administrative law and judicial review
The By-law does not itself set out judicial review procedures. However, administrative decisions made under this By-law, such as final election decisions by the returning officer (cl 17(3)), will be taken in the context of the Act and the broader administrative law framework. The By-law’s text does not identify statutory appeal channels, meaning remedies for affected persons would be determined by the Act or general administrative law, rather than the By-law.
Overall, the By-law implements functions delegated by the Act and specifies procedures that must be exercised consistently with the Act’s limits. It repeals and carries forward legacy rules while making clear that Board and Vice-Chancellor rule-making powers are subject to Act constraints. Where the By-law is silent about external remedies, the Act and general administrative law fill the gaps, but those interactions are not spelled out in the text of the By-law.
Amendment history
The By-law’s text includes internal amendment and substitution notes that indicate a sequence of changes. The instrument also contains its own mechanism for amendment of rules. The amendment history evident from the text is as follows.
Original instrument identification. The By-law is the Western Sydney University By-law 2017 as stated in cl 1. The instrument commences on publication on the NSW legislation website (cl 2).
2019 amendments and substitutions. Multiple clauses show amendment or substitution in 2019. Specific marginal notes include:
Clause 3 (definitions) was amended in 2019, recorded as “cl 3: Am 2019 (62), Sch 2 [1]”.
Part 3 Division 1 (clauses 6-8) was substituted in 2019, noted as “pt 3, div 1 (cll 6-8): Subst 2019 (62), Sch 2 [2]”.
Clauses 9-12 were substituted in 2019, noted as “cll 9-12: Subst 2019 (62), Sch 2 [2]”.
Clause 12A was inserted in 2019, noted as “cl 12A: Ins 2019 (62), Sch 2 [2]”.
Clause 13 was amended in 2019, noted as “cl 13: Am 2019 (62), Sch 2 [3]-[5]”.
The notes for Part 3 Division 2 also indicate substitution in 2019.
Repeal of the 2005 By-law. Clause 20(1) expressly repeals the Western Sydney University By-law 2005. Clause 20(2) and (3) operate as savings provisions to preserve acts and rules under the repealed By-law to the extent they are not inconsistent.
Internal rule amendment powers. Clause 16 provides that any person or body with power to make a rule under the By-law may also amend or repeal that rule. Clause 15 requires publication of rules and applies equally to amendments and repeals (cl 16(2)). Therefore, operational amendments at the rule level occur under the By-law’s own delegated framework.
Transitional retention of incumbents. Clause 19 is a transitional clause, preserving incumbents in office for the remainder of their terms on commencement of the By-law, which is an in-built mechanism of continuity rather than formal amendment to substantive office-holding.
Notes concerning the Act. Several clauses carry notes that cross-reference Act sections that limit or shape the By-law’s operation (for example cl 3 note, cl 13 note, cl 4 and cl 5 notes referencing ss 37 and 38 of the Act). Those notes are interpretive and indicate that later amendments will be considered in light of the Act’s ongoing provisions.
Practical effect of the amendment history
The 2019 changes substituted definitions and procedures in Part 3, affecting how Board members are appointed and how elected members are defined and time-limited. The insertion of cl 12A clarified the term of office of elected members.
Clause-level amendment notes are the only amendment record within the instrument. The By-law does not reproduce full amendment instruments or explanatory memoranda, but the marginal amendment history entries indicate the legislative instrument numbers for 2019 changes (2019 (62), Sch 2).
Operational rule changes can be made and published by the Board or Vice-Chancellor as permitted by the By-law, which provides an ongoing mechanism for procedural amendment without by-law-level amendment (cl 13-16).
In short, the By-law was enacted in 2017, substantially revised in 2019 with substitutions and insertions in Part 3, and replaced the 2005 By-law while preserving non-inconsistent legacy rules. The instrument also creates an internal amendment pathway for rules that deal with procedural matters.
Litigation history
The By-law text does not record any litigation history, cases, judicial decisions or contested administrative rulings. The instrument itself contains no references to court proceedings or determinations about its provisions. The only legal cross-references are to the Western Sydney University Act 1997 and the Interpretation Act 1987, and to specific Act sections that shape the By-law’s powers (for example cl 13 note referring to s 41 of the Act).
Implications from the absence of litigation history in the instrument
The absence of in-text litigation references means the By-law does not cite judicial interpretations or precedential rulings that would affect construction. Practitioners relying on the By-law should therefore not presume any interpretive authority beyond the statutory text and the Act.
Disputes under the By-law (for example about returning officer decisions, Roll entries or Board appointment procedures) would be resolved in the context of the Act and the general law, including administrative law remedies, but the By-law itself does not specify appeal mechanisms. Any litigation or review would therefore be exercised against the Act and administrative law principles rather than against precedents embedded in the By-law text.
Where administrative finality is allocated (for example the returning officer’s final decision on election matters, cl 17(3)), affected persons may still have recourse to external legal remedies. Those remedies are not described in the By-law, so any litigation strategy must examine the Act and general administrative-law principles and procedures outside the By-law. The By-law does not provide guidance on judicial review thresholds, remedies or case law.
For a practitioner conducting litigation research, the next steps would be to:
Search case law and court databases for disputes referencing the Western Sydney University By-law 2017, the Western Sydney University Act 1997, or decisions of the returning officer or Board set out in the By-law.
Examine Act-based remedies and any internal appeal processes in the Act itself that might be engaged, since the By-law defers to the Act in several respects (cl 3 note; cl 17(3) reference to the Act and this By-law).
Consider administrative law avenues such as judicial review if a party alleges procedural unfairness or a jurisdictional error in the exercise of the returning officer’s or Board’s powers, noting that the By-law centralises some decision-making and does not create its own layered appeal structure.
In short, the instrument contains no litigation history within its text. Any contemporary litigation or body of case law would need to be identified through external legal research beyond the By-law’s text.
Gotchas
The By-law contains several technical features and procedural choices that create operational pitfalls or unexpected consequences for administrators, candidates, voters and advisers. These are concrete “gotchas” to watch for, with clause references and practical implications.
Publication failure does not invalidate rules (cl 15(3))
Practical issue. The By-law requires rules to be published on the University website (cl 15(1)), but expressly states that failure to comply with that requirement does not invalidate a rule (cl 15(3)). An unpublicised rule can still be binding subject to the Act.
Implication. Parties cannot rely on non-publication as an automatic defence to actions taken under a rule. Administrative actors should keep publication records and consider extra‑legal exposure when operating under unpublished rules.
Returning officer’s finality and limited internal appeal (cl 17(3))
Practical issue. The returning officer has final decision-making power over election conduct and results, subject only to the Act and this By-law (cl 17(3)). The By-law does not provide an internal appeal right against those decisions.
Implication. Affected persons may need to seek remedies outside the By-law (for example under the Act or judicial review). Administrators should document decisions and rationale to mitigate legal risk.
Rolls can contain errors without invalidating them (cl 18(4))
Practical issue. A Roll is not invalid only because it contains mistakes, deceased names, duplicates, ineligible names, or omits entitled persons (cl 18(4)).
Implication. Technical defects in Rolls are not per se grounds for invalidation of votes or elections under the By-law. Candidates and voters should ensure proactive verification of Roll entries and raise inaccuracies early because correcting errors after an election may be legally constrained.
Multiple eligibility versus multiple candidacy (cl 12(2)-(3))
Practical issue. A person whose name is on more than one Roll may vote in each relevant election category (cl 12(3)), but a person may not stand for election for more than one Board position even if on multiple Rolls (cl 12(2)).
Implication. Dual-role individuals (for example postgraduate students who are also employed staff) may vote in multiple elections but cannot stand in more than one position. Candidates must choose candidacy strategically.
Different rules for filling casual vacancies depending on timing (cl 4(b); cl 5(1)(b); cl 11)
Practical issue. Whether a casual vacancy is filled by election or appointment depends on the timing of the vacancy relative to the prior term. For example, if an elected member vacates within the first 12 months, an election is required for the remainder; otherwise, the Board appoints a qualified person for the remainder (cl 11).
Implication. Succession planning must account for timing. Parties should check the relevant clause closely before assuming an automatic election or appointment will occur.
Nominations committee composition can be altered by Board resolution (cl 7(5)-(6))
Practical issue. The By-law prescribes a nominations committee composition that includes the Chancellor, Deputy Chancellor(s), Vice-Chancellor and, if resolved by the Board, external person(s) (cl 7(5)). The Board can resolve a different constitution (cl 7(6)).
Implication. The Board’s discretion to reconstitute the committee can affect inclusion of external persons and the balance of perspectives in recommendations. Candidates and advisers should check the current Board resolution to determine the committee’s composition at the relevant time.
Delegation of returning officer functions is treated as exercised by the returning officer (cl 17(4))
Practical issue. If the returning officer authorises another person to exercise functions, actions taken by that authorised person are taken to have been exercised by the returning officer (cl 17(4)).
Implication. Delegation does not reduce ultimate administrative responsibility and formal record-keeping should make clear the delegation and the basis for decisions.
Board rule prevails over Vice-Chancellor rule (cl 14)
Practical issue. Rules made by the Board override inconsistent rules made by the Vice-Chancellor (cl 14).
Implication. Administrators must check which level made a relevant rule before relying on it; a Vice-Chancellor rule may be overridden and therefore operationally ineffective if inconsistent with a Board rule.
Rules for certain matters cannot be made by authorities other than the Board (cl 13 note)
Practical issue. The note to cl 13 lists Act sections and matters that cannot be delegated to rules by authorities other than the Board, including specific election matters captured by s 41(1A) of the Act.
Implication. Delegates should exercise caution in assuming they can make election-related rules unless empowered by the Board consistent with the Act.
Rapid commencement and transitional carry-over (cl 2; cl 19-20)
Practical issue. The By-law commences on the day it is published on the NSW legislation website (cl 2) and preserves incumbents and prior rules to the extent not inconsistent (cl 19; cl 20).
Implication. Institutional actors should verify which rules have been carried forward and whether legacy rules are consistent with the By-law. Rapid commencement can create timing issues for elections or term commencements.
These features create concrete operational and legal risks. The primary mitigations are administrative: ensure timely publication of rules, keep Roll maintenance transparent and documented, record returning officer decisions and authorisations, and confirm current Board resolutions about nominations committee constitution and term adjustments.
How to comply
Compliance with the By-law requires both structural steps and procedural practices across offices of the Board, the Vice-Chancellor, the returning officer (Secretary), and administrative staff. Below are practical, clause-linked actions to achieve compliance.
For the Board and nominations committee (cl 7; cl 13)
Establish nomination timing. As soon as reasonably practicable before a Board-appointed member’s term expires, convene the nominations committee to identify suitable candidates (cl 7(1)).
Document criteria and recommendations. Have the nominations committee record how it assessed candidates against current Board skills and s 10C matters (cl 7(3)). Forward written recommendations to the Board, including recommended appointment periods (cl 7(2)(b)-(c); cl 7(4)(b)-(c)).
Resolve committee constitution explicitly. If the Board wishes to include external persons or vary the composition, make and record a Board resolution to that effect (cl 7(5)-(6)). Keep that resolution current and publicly available where appropriate.
For the returning officer and Secretary (cl 17; cl 18)
Register a named returning officer. The Secretary is the returning officer by the By-law (cl 17(1)). Ensure organisational charts and delegations record that status.
Maintain Rolls to the By-law specification. Keep separate Rolls for Academic Staff, Professional Staff, Undergraduate Students and Postgraduate Students, entering persons only where they meet the hours and tenure criteria (cl 18(1)(a)-(d); cl 12(1)). For staff Rolls, confirm at least 50% of full-time hours and either continuing employment or a fixed term of at least one year (cl 18(1)(a)(i)-(ii); cl 18(1)(b)(i)-(ii)).
Manage Roll alterations in writing. Implement procedures for correcting errors, changing names/addresses on written application, removing deceased or ineligible persons, removing duplicates, and reinstating eligible persons after verification (cl 18(3)).
Record and publish Roll changes. Maintain an audit trail for Roll changes and keep copies available for inspection (cl 15(2)(b); cl 18(3)). This helps in the event of challenge and supports the returning officer’s “reasonable steps” obligation for fairness (cl 17(2)).
Delegation protocol. If delegating returning officer functions, document the authorisation in writing and maintain a record of actions taken by the delegate because such actions are taken to have been exercised by the returning officer (cl 17(4)).
For election candidates and voters (cl 12; cl 10)
Verify Roll entry before close of nominations. Candidates and voters must ensure their name is on the relevant Roll at the close of nominations to be eligible to stand or vote (cl 12(1)). Create a routine verification step ahead of nomination windows.
Avoid standing for multiple positions. Candidates must not stand for election to more than one Board position even if their name is on more than one Roll; advice should be provided at nomination to prevent inadvertent disqualification (cl 12(2)).
For rule-makers (Board and Vice-Chancellor) (cl 13-16)
Draft rules consistent with the Act. Ensure rules made by the Board or Vice-Chancellor are not inconsistent with the Act, and ensure that matters which, under s 41(1A) of the Act, are reserved for the Board are made by the Board (cl 13 note; cl 10).
Publish promptly and keep versions. Publish rules on the University website (cl 15(1)), consider supplementary publication channels (cl 15(2)(a)), and keep hard copy inspection copies available (cl 15(2)(b)). Even though non-publication does not invalidate a rule (cl 15(3)), publication is required by the By-law and relevant to transparency and administrative fairness.
Maintain amendment records. Use cl 16 to manage amendments and repeals, and republish amended rules promptly (cl 16(1)-(2)). Retain version histories.
For Board-appointed incumbents and officeholders (cl 4; cl 5; cl 12A; cl 19)
Check commencement and expiry dates. For newly elected or appointed Chancellors and Deputy Chancellors, confirm whether the term commences 1 January following election or on an alternate date resolved by the Board (cl 4(a)). For casual vacancies ascertain whether the replacement term is the remainder of the prior term or a full four years depending on timing (cl 4(b); cl 5(1)(b)).
Coordinate term alignment. If the Board resolves to reduce a Deputy Chancellor’s term to align with their membership term, record the resolution and inform the officeholder (cl 5(2)).
Apply transitional provisions. If incumbents were in office prior to commencement, record their continued office status for the remainder of their term as preserved by cl 19.
Record-keeping and operational controls
Create a compliance checklist. For each election cycle, maintain a checklist: nomination timeline, Roll verification, rule publication status, returning officer authorisation, and final result posting. Link each item to the By-law clause for audit clarity.
Audit trail for decisions. Keep minutes and written reasons for Board decisions about appointments and for returning officer determinations (cl 7(4); cl 17(3)). Given the returning officer’s finality, a well-documented rationale reduces risk of external challenge.
Legacy rules reconciliation. Review rules carried forward from the 2005 By-law under cl 20(3) to confirm they are not inconsistent with the new By-law and update or retire inconsistent rules.
Risk management
Address publication risk by publishing rules promptly and maintaining alternative notification channels (cl 15(2)(a)). Even though non-publication does not invalidate rules (cl 15(3)), publication materially reduces reputational, fairness and legal risk.
Treat returning officer decisions as administrative actions subject to potential external review. Document steps taken to ensure fairness and integrity, and seek legal advice if a contested election raises procedural fairness issues (cl 17(2)-(3)).
Following these steps will align practical administrative routines with the By-law’s clauses and reduce the administrative and legal risks associated with elections, Roll management and rule-making.
(ii) if another date following the election is resolved by the Board, that other date,
(b) for a person elected to fill a casual vacancy in the office of Chancellor:
(i) if the vacancy occurs within the first 12 months of the term of office of the previous Chancellor—the remainder of the term,
(ii) in any other case—4 years, commencing on a date following that election that is resolved by the Board.
Note—
Section 37 of the Act enables the re-appointment or re-election of a person to an office under the Act that the person has held and for which the person is still eligible.
Section 38 of the Act limits the circumstances in which a person is eligible to hold the office of Chancellor for a third consecutive term and provides that a person is not eligible to hold that office for 4 consecutive terms.
5 Deputy Chancellors
5 Deputy Chancellors
5 Deputy Chancellors
(1) For the purposes of section 14 (2) of the Act, the prescribed period for which a Deputy Chancellor is to hold office is as follows:
(a) for a person elected to fill a vacancy due to the expiry of the term of office of a Deputy Chancellor—4 years commencing on:
(i) 1 January following the election of the person, or
(ii) if another date following that election is resolved by the Board, that other date,
(b) for a person elected to fill a casual vacancy in the office of a Deputy Chancellor—the remainder of the term of office of the previous Deputy Chancellor concerned.
(2) If the Board so resolves, the term of office for a Deputy Chancellor provided for in subclause (1) is to be reduced to a shorter period specified in the resolution to ensure that the term corresponds with the term for which the Deputy Chancellor holds office as a member of the Board.
Note—
Section 37 of the Act enables the re-appointment or re-election of a person to an office under the Act that the person has held and for which the person is still eligible.
Section 38 of the Act limits the circumstances in which a person is eligible to hold the office of a Deputy Chancellor for a third consecutive term and provides that a person is not eligible to hold that office for 4 consecutive terms.
Board appointed member of the Board means a member appointed under section 10F.
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.
7 Nomination procedures for Board appointed members
7 Nomination procedures for Board appointed members
7 Nomination procedures for Board appointed members
(1) As soon as reasonably practicable before the term of office of a Board appointed member of the Board expires, a nominations committee established by the Board is to identify persons who may be suitable for appointment as a member of that category.
(2) The nominations committee is:
(a) to determine which of those persons are to be recommended to the Board for appointment by the Board, and
(b) to recommend the period of appointment for each of the persons to be recommended, and
(c) to forward its recommendations to the Board.
(3) In determining the persons to be recommended under subclause (2) (a), the nominations committee is to have regard to:
(a) the skills and experience of the current members of the Board, and
(b) the matters referred to in section 10C of the Act.
(4) The Board is:
(a) to consider the recommendations forwarded by the nominations committee, and
(b) to determine which of the recommended persons are to be appointed by the Board, and
(c) to determine the recommended period of appointment for each such person.
(5) A nominations committee is to consist of the following persons:
(a) the Chancellor,
(b) the Deputy Chancellor or the Deputy Chancellors (as the case may be),
(c) the Vice-Chancellor,
(d) if the Board so resolves, one or more members of the Board who are external persons.
(6) Despite subclause (5), a nominations committee may be differently constituted if the Board so resolves.
8 Procedure for filling casual vacancy in office of Board appointed member
8 Procedure for filling casual vacancy in office of Board appointed member
8 Procedure for filling casual vacancy in office of Board appointed member
If a casual vacancy occurs in the office of a Board appointed member of the Board, the Board is to appoint another person to fill the vacancy in accordance with the procedures set out in clause 7.
Note—
Section 10I (1) (b) of the Act provides that, subject to the Act, a Board appointed member holds office for the term (not exceeding 4 years) specified in the member’s instrument of appointment.
elected member of the Board means a member elected under section 10D of the Act.
cll 9–12: Subst 2019 (62), Sch 2 [2].
10 Election procedures for elected member of the Board
10 Election procedures for elected member of the Board
10 Election procedures for elected member of the Board
For the purposes of section 10D (3) (b) of the Act, an election is to be conducted in accordance with rules made by the Board.
cll 9–12: Subst 2019 (62), Sch 2 [2].
11 Procedure for filling casual vacancy in office of elected member
11 Procedure for filling casual vacancy in office of elected member
11 Procedure for filling casual vacancy in office of elected member
A casual vacancy in the office of an elected member of the Board is to be filled as follows:
(a) if the vacancy occurs within the first 12 months of the term of that office, a person is to be elected, in accordance with rules made by the Board, to hold the office for the remainder of the term,
(b) in any other case, the Board must appoint a person who is qualified to hold the office of an elected member of the Board to hold the office of the previous member for the remainder of the term.
cll 9–12: Subst 2019 (62), Sch 2 [2].
12 Qualifications for candidates and voters
12 Qualifications for candidates and voters
12 Qualifications for candidates and voters
(1) The qualifications for election for a position as a member of the Board and voting at an election are as follows:
(a) Elected (academic staff) member
The qualifications for election as an elected (academic staff) member of the Board under section 10D (1) (a) of the Act, and the qualifications for voting at such an election, are that the candidate or voter, as the case may be, must have his or her name entered on the Roll of Academic Staff at the date and time for the close of nominations for the relevant election.
(b) Elected (general staff) member
The qualifications for election as an elected (general staff) member of the Board under section 10D (1) (b) of the Act, and the qualifications for voting at such an election, are that the candidate or voter, as the case may be, must have his or her name entered on the Roll of Professional Staff at the date and time for the close of nominations for the relevant election.
(c) Elected (student) member
The qualifications for election as an elected (student) member of the Board under section 10D (1) (c) of the Act, and the qualifications for voting at such an election, are that the candidate or voter, as the case may be, must have his or her name entered on the Roll of Undergraduate Students or the Roll of Postgraduate Students at the date and time for the close of nominations for the relevant election.
(2) A person may not stand for election for more than one position as a member of the Board, even if his or her name is entered on more than one Roll kept under this By-law.
(3) A person whose name is entered on more than one Roll kept under this By-law may vote in each relevant election category.
cll 9–12: Subst 2019 (62), Sch 2 [2].
12A Term of office of elected members
12A Term of office of elected members
12A Term of office of elected members
For the purposes of section 10I (1) (c) of the Act, the prescribed term of office of an elected member of the Board is:
(a) for a person elected to fill a vacancy due to the expiry of the term of office of the previous office holder—2 years commencing on 1 January following the election of the person, or
(b) for a person elected to fill a casual vacancy—the remainder of the term of office of the previous office holder.
Note—
Section 37 of the Act enables the re-appointment or re-election of a person to an office under the Act that the person has held and for which the person is still eligible.
cl 12A: Ins 2019 (62), Sch 2 [2].
Part 4 Rules
Part 4 Rules
Part 4 Rules
13 Making rules
13 Making rules
13 Making rules
(1) The Board may make rules for or with respect to all or any of the matters for or with respect to which rules may be made under the Act.
(2) The Vice-Chancellor may make rules for the good conduct and management of the University.
Note—
Section 41 (1) of the Act provides that the by-laws may empower any authority (including the Board) or officer of the University to make rules (not inconsistent with the Act or the by-laws) for or with respect to matters for which by-laws may be made, except the matters referred to in sections 3 (2), 10D (2) (c) (i) and (3) (a), 10E (4), 10F (2), 10I (1) (c) and (d) and (2) (a), 13 (2), 14 (2), 22 (1) (e) and (f) and 40 (1) (ja) of the Act and clause 3 of Schedule 1 to the Act (to the extent it relates to appointments).
However, section 41 (1A) of the Act provides that only the Board may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 10D (3) (b), 10E (2) (a) and 40 (1) (b) of the Act and clause 3 of Schedule 1 to the Act (to the extent it relates to elections) (election rules).
cl 13: Am 2019 (62), Sch 2 [3]–[5].
14 Inconsistency between rules
14 Inconsistency between rules
14 Inconsistency between rules
A rule made by the Board prevails over a rule made by the Vice-Chancellor to the extent of any inconsistency.
Note—
Section 41 (3) of the Act provides that in the event of any inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.
15 Publication of rules
15 Publication of rules
15 Publication of rules
(1) A rule must be published on the University’s website.
(2) A rule may also be:
(a) published by any other method determined by the Board (for rules made by the Board) or the Vice-Chancellor (for rules made by the Vice-Chancellor), including by electronic means, and
(b) made available for inspection in hard copy form.
(3) Failure to comply with subclause (1) does not invalidate a rule.
Note—
Section 41 (2) (c) of the Act provides that a rule takes effect on the day on which it is published or on such later day as may be specified in the rule.
16 Amendment or repeal of rules
16 Amendment or repeal of rules
16 Amendment or repeal of rules
(1) A person or body with power to make a rule under this By-law also has power to amend or repeal that rule from time to time.
(2) Clause 15 applies to an amendment or repeal of a rule in the same way as it applies to the making of the rule.
Part 5 Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
17 Returning officer
17 Returning officer
17 Returning officer
(1) The Secretary of the University is the returning officer for all elections.
(2) The returning officer is to take all reasonable steps to ensure the fairness and integrity of the election process.
(3) Subject to the Act and this By-law, the returning officer’s decision is final in connection with any matter affecting the conduct of an election including, without limitation, eligibility of candidates and the results of any election.
(4) The returning officer may authorise another person to exercise any function of the returning officer under this By-law or the rules of the Board. Any function exercised by that authorised person is taken to have been exercised by the returning officer.
18 Rolls of the University
18 Rolls of the University
18 Rolls of the University
(1) The returning officer is to keep the following rolls:
(a) a Roll of Academic Staff containing the names of persons employed by the University as academic staff members:
(i) on a full-time basis, or on a part-time basis that requires at least 50% of the full-time work hours for an equivalent position to be worked, and
(ii) on a continuing basis, or for a fixed term of at least 1 year,
(b) a Roll of Professional Staff containing the name
This is an opening excerpt, not the complete document.