New South Wales Consolidated Acts

UNIVERSITY OF NEW SOUTH WALES ACT 1989 - SECT 15

15 Functions of Council

(1A) The Council:

(a) acts for and on behalf of the University in the exercise of the University’s functions, and

(b) has the control and management of the affairs and concerns of the University, and

(c) may act in all matters concerning the University in such manner as appears to the Council to be best calculated to promote the object and interests of the University.

(1B) Without limiting the functions of the Council under subsection (1A), the Council is, in controlling and managing the affairs and concerns of the University:

(a) to monitor the performance of the Vice-Chancellor, and

(b) to oversee the University’s performance, and

(c) to oversee the academic activities of the University, and

(d) to approve the University’s mission, strategic direction, annual budget and business plan, and

(e) to oversee risk management and risk assessment across the University (including, if necessary, taking reasonable steps to obtain independent audit reports of entities in which the University has an interest but which it does not control or with which it has entered into a joint venture), and

(f) to approve and monitor systems of control and accountability for the University (including in relation to controlled entities within the meaning of section 15A), and

(g) to approve significant University commercial activities (within the meaning of section 20A), and

(h) to establish policies and procedural principles for the University consistent with legal requirements and community expectations, and

(i) to ensure that the University’s grievance procedures, and information concerning any rights of appeal or review conferred by or under any Act, are published in a form that is readily accessible to the public, and

(j) to regularly review its own performance (in light of its functions and obligations imposed by or under this or any other Act), and

(k) to adopt a statement of its primary responsibilities, and

(l) to make available for members of the Council a program of induction and of development relevant to their role as such a member.

(1) Without limiting the functions of the Council under subsection (1A), the Council may, for and on behalf of the University in the exercise of the University’s functions:

(a) provide such courses, and confer such degrees and award such diplomas and other certificates, as it thinks fit,

(b) appoint and terminate the appointment of academic and other staff of the University,

(d) borrow money within such limits, to such extent and on such conditions as to security or otherwise as the Governor on the recommendation of the Treasurer may approve,

(e) invest any funds belonging to or vested in the University,

(f) promote, establish or participate in (whether by means of debt, equity, contribution of assets or by other means) partnerships, trusts, companies and other incorporated bodies, or joint ventures (whether or not incorporated),

(h) establish and maintain branches and colleges of the University, within the University and elsewhere,

(i) make loans and grants to students, and

(j) impose fees, charges and fines.

(2) The functions of the Council under this section are to be exercised subject to the by-laws.

(3) Schedule 2 has effect in relation to the investment of funds by the Council.

Note: The Annual Reports (Statutory Bodies) Act 1984 regulates the making of annual reports to Parliament by the Council and requires the Council to report on the University’s operations (including in relation to risk management and insurance arrangements) and a range of financial and other matters.