About the University

The University of Sydney Act 1989

(a) The University of Sydney as a legal entity

The University of Sydney was established in 1851 by Act 14 Vic No 31 and is a statutory corporation under The University of Sydney Act, 1989 (as amended). The University should be described as 'The University of Sydney' on all legal documents together with its ABN which is 15 211 513 464.

Pursuant to sub-section 6(1) of the Act, the objects of the University are the promotion, within the limits of the University's resources, of scholarship, research, free enquiry, the interaction of research and teaching, and academic excellence.

Under the Act, the University may exercise commercial functions comprising the commercial exploitation or development of any facility, resource or property of the University or in which the University has a right or interest, whether alone or with others, for the benefit of the University. University commercial activities are distinct, however, from the University's principal function which is the promotion of its objects under the Act.

The Act makes provision for Guidelines to be approved requiring specified processes and procedures to be followed in connection with University commercial activities. These Guidelines apply to commercial activities in which the University or controlled entities of the University participate.

(b) The role of Senate

Senate is the governing authority of the University and has the functions conferred or imposed on it by or under the Act.

The functions of Senate (as set out in section 16 of the Act) are to act for and on behalf of the University in the exercise of the University's functions. The Senate's role is to control and manage the affairs and concerns of the University and act in all matters concerning the University in a manner calculated to promote the object and interests of the University.

Senate has the power, under section 17 of the Act, to delegate any or all of its functions in relation to any matter or class of matters, or in relation to any activity or function of the University - see Delegations of Authority - Administrative Functions. The Act does not permit sub-delegation of authority.

Senate may, under section 36 of the Act, make by-laws, not inconsistent with the Act, in relation to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to the Act. These by-laws may empower any authority (including the Senate) or officer of the University to make rules (not inconsistent with the Act or the by-laws) for or with respect to any or all of the matters about which by-laws may be made, subject to a number of exceptions which are set out in section 37 of the Act.

Current by-laws and rules can be found in the University Calendar at http://www.usyd.edu.au/calendar/

Other key legislation

(a) HESA

In 2002, the Commonwealth Government conducted a review of Australia's higher education system. The Government's response to the Review was announced on 13 May 2003 and resulted in the Higher Education Support Act 2003 (Cwth) ("HESA") being enacted.

HESA, through the Guidelines for Commonwealth Grant Scheme, makes eligibility for additional Commonwealth funding to higher education providers contingent on the higher education provider being able to demonstrate compliance with a set of specific governance related criteria: the National Governance Protocols ("the Protocols").

The Protocols have resulted in a number of changes to the obligations of Senate, including by specifying certain duties for fellows of Senate (see Schedule 2A of the Act). The Protocols address such issues as governance, delegations of authority, codification of internal grievance procedures, content of the University's annual report, risk management within the University, risk assessment of part ownership of external entities and reporting requirements in relation to controlled entities.

The University is required to formally certify compliance with the Protocols on an annual basis. As a result of HESA and the Protocols there is a strong emphasise throughout the University on good governance.

(b) HEWRRs

The University's eligibility for additional Commonwealth funding as a higher education provider is also contingent on compliance with the Federal Government's Higher Education Workplace Relations Requirements (HEWRRs). HEWRRs place particular emphasise on:


providing choice in agreement making, including the use of individual Australian Workplace Agreements;
promoting workplace flexibility; and
implementing robust performance and development strategies.

(c) Charitable fundraising and tax deductible status

Under the Laws of New South Wales, the University is constituted for a charitable purpose and is therefore able to carry out charitable appeals.

Donations ($2 and over) to the University may be claimed as tax deductions as the University has been endorsed by the Australian Taxation Office as a deductible gift recipient for Australian income tax purposes.

(d) Trade Practices law

The University's trading activities are sufficient to constitute a trading corporation within the meaning of the Trade Practices Act, 1974 (Cth) and the University is therefore subject to the provisions of that Act in relation to its business activities in a similar manner to corporations.

Sub-sections of the University and controlled entities

All faculties, departments, schools, foundations, centres and some institutes of the University are part of the University, as are bodies that have amalgamated with the University, such as the Sydney Conservatorium of Music and Sydney College of the Arts. These bodies do not have a legal identity separate from that of the University.

The following societies have been established by resolution of Senate. They are governed by their respective constitutions (subject to the applicable Senate resolution) and are considered to be unincorporated associations.

• The University of Sydney Union
• The Students' Representative Council ('SRC')
• The Sydney University Postgraduate Representative Association ('SUPRA')
• Sydney University Sport
• The Cumberland Student Guild; and
• The Student Association of the Sydney College of the Arts

Other entities which are also connected with the University do have separate legal status, such as joint ventures, cooperative research centres ('CRCs') and some institutes.

As a statutory body, the University is subject to a number of other state and federal laws including:

• Public Finance and Audit Act 1984
• Annual Reports (Statutory Bodies) Act 1984
• Ombudsman Act 1974
• Freedom of Information Act 1984
• State Records Act 1998
• Independent Commission Against Corruption Act 1988
• Privacy and Personal Information Protection Act 1998
• Federal and state anti-discrimination laws
• Workplace Relations Act 1996