New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Note--: This Division commences on assent.
In this Part--
"existing University Member" means a University Member referred to in clause 4
of this Schedule.
"former Board" means the Board of Governors of the University of Western
Sydney constituted under section 9 of the repealed Act.
"new Board" means the Board of Trustees constituted under section 12 of this
Act.
"repealed Act" means the University of Western Sydney Act 1988 .
(1) The University of Western Sydney is a continuation of, and the same legal entity as, the University of Western Sydney referred to in the repealed Act.
(2) Any provision of Schedule 3 (Savings and Transitional Provisions) to the repealed Act that, immediately before the repeal of that Act, had any ongoing operation or effect continues to have effect as if it had not been repealed.
(1) On the commencement of this clause, the members of the University network established under section 6 of the repealed Act are taken to have been established as University Members by order under section 7 of this Act.
(2) The order can be amended or repealed by order of the Governor made on the recommendation of the Minister under section 7 (2) of this Act.
Note--: The repealed Act established a federated University network. Under section 6 of the repealed Act, the University network was a federation of--(a) the University of Western Sydney, Nepean, and(b) the University of Western Sydney, Hawkesbury, and(c) the University of Western Sydney, Macarthur, and(d) such other network members as may be established from time to time by order of the Governor under that section.
(1) The former Board, as constituted under the repealed Act immediately before the repeal of the repealed Act, is dissolved.
(2) The persons holding office as members of the former Board immediately before the repeal of the repealed Act cease to hold office as such on that repeal.
(3) The member of the Legislative Council holding office as a parliamentary member of the former Board under section 9 (3) (a) of the repealed Act immediately before the repeal of that Act--(a) is taken, on the repeal of that Act, to have been elected to the office of parliamentary member of the new Board under section 12 (2) (a) of this Act, and(b) continues to hold office as such, subject to clause 2 of Schedule 1, until a member of the Legislative Council is elected as a replacement.
(4) The member of the Legislative Assembly holding office as a parliamentary member of the former Board under section 9 (3) (b) of the repealed Act immediately before the repeal of that Act--(a) is taken, on the repeal of that Act, to have been elected to the office of parliamentary member of the new Board under section 12 (2) (b) of this Act, and(b) continues to hold office as such, subject to clause 2 of Schedule 1, until a member of the Legislative Assembly is elected as a replacement.
(5) The undergraduate student holding office as an elected member of the former Board under section 9 (6) (c) of the repealed Act immediately before the repeal of that Act--(a) is taken, on the repeal of that Act, to have been elected to hold office as an elected member of the new Board under section 12 (5) (c) of this Act, and(b) continues to hold office as such, subject to clause 2 of Schedule 1, for the residue of the term for which he or she was elected to the former Board.
(6) The postgraduate student holding office as an elected member of the former Board under section 9 (6) (c) of the repealed Act immediately before the repeal of that Act--(a) is taken, on the repeal of that Act, to have been elected to hold office as an elected member of the new Board under section 12 (5) (d) of this Act, and(b) continues to hold office as such, subject to clause 2 of Schedule 1, for the residue of the term for which he or she was elected to the former Board.
The person who, immediately before the commencement of this clause, held office as the Chancellor of the University of Western Sydney under the repealed Act continues to hold office as such (unless he or she sooner resigns) until the new Board elects a person to that office under section 13 of this Act.
(1) The person who, immediately before the commencement of this clause, held office as the Vice-Chancellor of the University of Western Sydney under the repealed Act--(a) remains Vice-Chancellor of the University, and(b) continues to hold office as such (unless he or she sooner resigns) for the residue of the term for which he or she was appointed as Vice-Chancellor.
(2) The Vice-Chancellor holds office on such terms and conditions as had effect in relation to his or her office under the repealed Act immediately before the commencement of this clause, subject to any variation that is made by the new Board, and agreed to by the Vice-Chancellor, after the commencement of this clause.
(1) A person who, immediately before the commencement of this clause, held office under section 16 of the repealed Act as a chief executive officer of a member of the University network (being an existing University Member)--(a) is taken to have been appointed as the principal executive officer of the University Member under section 18 of this Act, and(b) continues to hold office as such (unless he or she sooner resigns) for the residue of the term for which he or she was appointed as chief executive officer.
(2) Each principal executive officer holds office on such terms and conditions as had effect in relation to his or her position (as chief executive officer) under the repealed Act immediately before the commencement of this clause, subject to any variation that is made by the new Board, and agreed to by the principal executive officer concerned, after the commencement of this clause.
(1) The Academic Board, as constituted under section 23 of the repealed Act immediately before the commencement of this clause, is taken to have been constituted as the Academic Senate under section 20 of this Act.
(2) Subject to the by-laws, a person who was appointed or elected as a member of the Academic Board and was holding office as such a member immediately before the commencement of this clause continues to hold office as a member of the Academic Senate (unless he or she sooner resigns) for the residue of the term of office for which he or she was appointed or elected as a member of the Academic Board.
(1) The person who, immediately before the commencement of this clause, held office as the Chair of the Academic Board of the University of Western Sydney under the repealed Act--(a) is taken to have been appointed as the Chair of the Academic Senate under section 21 of this Act, and(b) continues to hold office as such (unless he or she sooner resigns) for the residue of the term for which he or she was appointed or elected as Chair of the Academic Board.
(2) The Chair of the Academic Senate holds office on such terms and conditions as may be prescribed by the by-laws.
Note--: This Division commences on assent.
Any person appointed by the Minister for the purposes of section 9 (5) of the repealed Act whose term of office would have expired at the end of 1997 (otherwise than because of resignation or because of the commencement of section 12 of this Act) and who holds office as an appointed member of the former Board immediately before 1 January 1998--
(a) is taken to have been re-appointed to the office of member of the former Board for the purposes of section 9 (5) of the repealed Act for a term that expires when section 12 of this Act commences, and
(b) on the commencement of section 12 of this Act, is taken to have been appointed as a member of the new Board for the purposes of section 12 (4) of this Act and holds office as such (unless he or she sooner resigns) for a term that expires on 1 March 1998 or such other date (whether earlier or later than 1 March 1998) as the Minister may direct by instrument in writing.
(1) Before section 12 of this Act commences, the former Board may appoint a person to hold office as a member of the new Board for the purposes of section 12 (6) of this Act and that person is taken to have been appointed by the new Board under section 12 (6) of this Act.
(2) Such an appointment does not take effect until section 12 of this Act commences.
(3) Anything done before the commencement of this Division, that could have been done if this clause had been in force at the time that it was done, is taken to be valid if it was done in accordance with the prior approval of the Minister.
(1) An election for the first elected members of the new Board, being the elected members referred to in section 12 (5) (a), (b) and (e), may be called before section 12 of this Act commences and conducted in accordance with the directions of the Vice-Chancellor (whether given before or after the commencement of this Division), instead of in the manner provided for by section 12 of this Act.
(2) Anything done for the purpose of such an election before the commencement of this Division is taken to be valid, to the extent to which it could have been done had those directions been made at the time that it was done.
(3) The term of office of any member of the new Board who is elected as provided for by this clause before the commencement of section 12 of this Act does not commence until section 12 of this Act commences.
Note--: This clause does not apply to the elected members referred to in section 12 (5) (c) and (d), because their terms of office are continued under clause 5 of this Schedule.
(1) Before section 12 of this Act commences, the former Board may appoint persons to hold office as Chairs of the Councils for the purposes of section 17 of this Act and those persons are taken to have been appointed by the new Board under section 17 of this Act.
(2) Such an appointment does not take effect until section 17 of this Act commences.
(3) Anything done before the commencement of this Division, that could have been done if this clause had been in force at the time that it was done, is taken to be valid if it was done in accordance with the prior approval of the Minister.
(1) Before section 12 of this Act commences, the former Board may make any by-law under this Act that could be made by the new Board under this Act, as if section 40 of this Act had commenced.
(2) Such a by-law may revoke any by-law made under the repealed Act. Clause 18 of this Schedule does not apply in respect of any by-law that is so revoked.
(3) Such a by-law takes effect no earlier than the day on which section 40 of this Act commences.
(4) On the commencement of section 12 of this Act, such a by-law is taken to have been made by the new Board and may be revoked or amended accordingly.
(5) Anything done before the commencement of this Division, that could have been done if this clause had been in force at the time that it was done, is taken to be valid if it was done in accordance with the prior approval of the Minister.
Any delegation made under the repealed Act by the former Board and in force immediately before the repeal of the repealed Act is taken to be a delegation under this Act by the new Board, and may be revoked at any time by the new Board.
Section 38 of this Act does not apply in respect of a term of office that commenced before the commencement of that section.
(1) The by-laws of the University of Western Sydney as in force immediately before the repeal of the repealed Act--(a) continue in force as if they had been made by the new Board under this Act, and(b) may be amended or revoked accordingly.
(2) In those by-laws--(a) a reference to the Board of Governors of the University of Western Sydney is to be read as a reference to the Board of Trustees, and(b) a reference to a member of the University network is to be read as a reference to a University Member, and(c) a reference to the chief executive officer of a member of the University network is to be read as a reference to the principal executive officer of a University Member, and(d) a reference to the Academic Board of the University of Western Sydney is to be read as a reference to the Academic Senate of the University of Western Sydney.
(1) Any rule made under section 36 of the repealed Act and in force immediately before the commencement of this clause--(a) continues in force as if it had been made under section 41 of this Act, but only to the extent that it could have been made under this Act if section 41 had been in force at the time the rule was made, and(b) may be amended or repealed accordingly.
(2) Any order made under section 36 of the repealed Act and in force immediately before the commencement of this clause--(a) continues in force as if it had been made under section 41 of this Act, but only to the extent that it could have been made as a rule under this Act if section 41 had been in force at the time the order was made, and(b) may be amended or repealed accordingly.
(3) Section 41 (2) (d) of this Act does not apply in respect of a rule or order made under section 36 of the repealed Act before the commencement of this clause and accordingly does not prevent the continuation of such a rule or order under this clause.
For the purposes of the operation of section 3 (2) after the commencement of the amendment made to that subsection by the University of Western Sydney Amendment Act 2000 , an institution or body that was a University Member (pursuant to this Act or otherwise) before that commencement is taken to have become a part of the University when it became a University Member.
(1) A person holding office as a Deputy Chancellor under section 14 immediately before the commencement of the amendments made to that section by the University of Western Sydney Amendment Act 2000 ceases to hold that office on that commencement, but is eligible to be elected as a Deputy Chancellor under that section as so amended.
(2) An election may be conducted for the purposes of section 14 before the commencement of the amendments referred to in subclause (1) but a Deputy Chancellor so elected does not assume office before the commencement of those amendments.
On the repeal of sections 16-18 by the University of Western Sydney Amendment Act 2000 --
(a) the Councils of University Members are abolished, and
(b) a person holding office as Chair of a Council or as principal executive officer of a University Member ceases to hold that office, and
(c) anything done by the Council of a University Member before that repeal that has effect immediately before that repeal is, on and from that repeal, taken to have been done by the Board.
A person who ceases to hold an office under this Part is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
Until an order is made under clause 2 of Schedule 2 (as substituted by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 ), approval is taken to have been given by order under that clause to the investment by the Board of any funds of the University in any manner that the Board was authorised to invest those funds immediately before the Board ceased to be an authority for the purposes of Part 3 (Investment) of the Public Authorities (Financial Arrangements) Act 1987 .
Any act or omission occurring before the substitution of section 8 by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 that would have been valid had that section as so substituted been in force from the commencement of that section as originally enacted is (to the extent of any invalidity) taken to be, and always to have been, valid.
In this Part--
"amending Act" means the University Legislation Amendment Act 2004 .
"former section 12" means section 12 as in force immediately before its
substitution by the amending Act.
"new section 12" means section 12 as substituted by the amending Act.
"relevant day" means the date of assent to the amending Act.
The provisions of this Part are subject to any regulations made under clause 1.
(1) Subject to this Act, on the relevant day--(a) a person holding office under former section 12 (2) ceases to hold that office, and(b) a person holding office under former section 12 (3) (c) or (6) is taken to be appointed as a member under new section 12 (1) (c), and(c) a person holding office under former section 12 (4) is taken to be appointed as a member under new section 12 (1) (b), and(d) a person holding office under former section 12 (5) (a), (b), (c), (d) or (e) is taken to be elected as a member under new section 12 (1) (d), (e), (f), (g) or (h), respectively, for the balance of the person's term of office.
(2) On, or as soon as is reasonably practicable after, the relevant day, the Minister must appoint the balance of the members required to be appointed under new section 12 (1) (b).
(3) The Board is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that the Board is duly constituted under new section 12 as soon as is reasonably practicable after the relevant day.
(4) For the purposes of making the by-laws referred to in subclause (3), the Board must be constituted so as to include all of the members required to be appointed under new section 12 (1) (b).
(5) The Board is taken to be properly constituted until such time as it is constituted in accordance with new section 12.
(6) A casual vacancy occurring in the office of a member before the Board is duly constituted under new section 12 is to be filled as follows--(a) if the vacancy occurs in the office of a member appointed under new section 12 (1) (b), the Minister is to appoint a person whom the Minister considers appropriate,(b) if the vacancy occurs in the office of a member appointed under new section 12 (1) (c), the Board is to appoint a person whom the Board considers appropriate,(c) if the vacancy occurs in the office of a member elected under new section 12 (1) (d) or (e), the Board is to appoint a person qualified to hold that office,(d) if the vacancy occurs in the office of a member elected under new section 12 (1) (f) or (g), the Board is to appoint a person qualified to hold that office following consultation with the relevant student body or bodies recognised by the Board,(e) if the vacancy occurs in the office of a member elected under new section 12 (1) (h), the Board is to appoint a person qualified to hold that office following consultation with the alumni association or body for the University.
(7) Subject to this Act, a member appointed under subclause (6) holds office from the time that person is appointed under that subclause until the expiry of the term of that member's predecessor.
(8) Subject to this Act, if, on the expiry--(a) of a member's term of office that is continued under subclause (1) (b), (c) or (d), or(b) in the case of a member appointed under subclause (6), of the term of office of the member's predecessor,the by-laws necessary to enable a person to be duly appointed or elected (as the case may be) to that office under new section 12 are not yet in force, the member may continue to hold that office until such time as a person is so duly appointed or elected.
(9) For the purposes of subclause (1), a member filling a casual vacancy and holding office immediately before the relevant day is taken to hold that office immediately before the relevant day under the provision under which the member's predecessor was elected or appointed.
(10) A person who ceases to hold office under subclause (1) (a)--(a) is not entitled to any remuneration or compensation because of loss of that office, and(b) is eligible (subject to this Act and if otherwise qualified) to be appointed as a member.
An exemption granted by the Minister under section 38 (3) (as in force immediately before its amendment by the amending Act) is taken to be an exemption by resolution of the Board under that subsection as so amended.
Section 32G, as inserted by the amending Act, applies only in relation to breaches of duty constituted by acts or omissions occurring after the relevant day.
No amendment made by the amending Act affects the continuity of the Board.
In this Part--
"amending Act" means the
Universities Legislation Amendment (Regulatory Reforms) Act 2014 .
The Guidelines approved for the time being under section 32B, as in force immediately before the amendments made to that section by the amending Act, continue to have effect as if they were Guidelines determined by the Board under that section as amended.
An amendment made to this Act by the amending Act does not affect the appointment of a funds manager or the validity of any investment made by or on behalf of the University before the commencement of the amendment.
Section 24 (2)-(3), as inserted by the amending Act, extend to land acquired from the State before the insertion of those subsections.
An amendment made to this Act by the Statute Law (Miscellaneous Provisions) Act 2017 does not affect the validity of any financial accommodation made by or on behalf of the University, any transaction or arrangement entered into or participated in to manage a financial risk, or any disposal or other dealing with property of the University, before the commencement of the amendment.
(1) Terms used in this clause and also in the Universities Governing Bodies Act 2011 have the same meanings in this clause as in that Act.
(2) In this clause--
"amended provision" means a provision of this Act and the by-laws amended as set out in an order made by the Minister under section 4 of the Universities Governing Bodies Act 2011 .
"existing member" of the Board means a member of the Board as constituted immediately before the governing body resolution took effect.Note--: The governing body resolution took effect on the day on which the Universities Governing Bodies (Western Sydney University) Order 2019 commenced.
"governing body resolution" means the governing body resolution made by the Board of Trustees on 8 August 2018.
(3) An existing member of the Board continues in office until the expiration of the term for which the member was appointed or elected (subject to the member's office becoming vacant earlier for a reason other than the expiration of the member's term of office).