New South Wales Consolidated Acts

UNIVERSITY OF SYDNEY ACT 1989 - SECT 16A

16A Controlled entities

(1) The Senate must ensure that a controlled entity does not exercise any function or engage in any activity that the University is not authorised by or under this Act to exercise or engage in, except to the extent that the Senate is permitted to do so by the Minister under this section.

(2) The Minister may, by order in writing, permit the Senate to authorise a controlled entity to exercise a function or engage in an activity of the kind referred to in subsection (1). Permission may be given in respect of a specified function or activity or functions or activities of a specified class.

(3) The Governor may make regulations providing that subsection (1) does not apply to functions or activities of a specified class.

(4) Nothing in the preceding subsections confers power on a controlled entity to engage in any activity.

(5) Nothing in the preceding subsections affects any obligations imposed on a controlled entity by or under any Act or law, other than an obligation imposed on the controlled entity by the Senate at its discretion.

(5A) The Senate is, as far as is reasonably practicable, to ensure:

(a) that the governing bodies of controlled entities:

(i) possess the expertise and experience necessary to provide proper stewardship and control, and

(ii) comprise, where possible, at least some members who are not members of the Senate or members of staff, or students, of the University, and

(iii) adopt and evaluate their own governance principles, and

(iv) document, and keep updated, a corporate or business strategy containing achievable and measurable performance targets, and

(b) that a protocol is established regarding reporting by governing bodies of controlled entities to the Senate.

(6) In this section:
"controlled entity" means a person, group of persons or body of which the University or Senate has control within the meaning of a standard referred to in section 39 (1A) or 45A (1A) of the Public Finance and Audit Act 1983 .