University of Wollongong Act 1989 No 127
Current version for 26 August 2014 to date (accessed 19 December 2014 at 23:58)
Part 4Division 1

Division 1 General

16   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 16A), and
(g)  to approve significant University commercial activities (within the meaning of section 21A), 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,
(c)  (Repealed)
(d)  borrow money,
(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),
(g)  (Repealed)
(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.

16A   Controlled entities

(1)  The Council 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 Council is permitted to do so by the Minister under this section.
(2)  The Minister may, by order in writing, permit the Council 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 Council at its discretion.
(5A)  The Council 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 Council 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 Council.
(6)  In this section:

controlled entity means a person, group of persons or body of which the University or Council 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.

17   Delegation by Council

(1)  The Council may, in relation to any matter or class of matters, or in relation to any activity or function of the University, by resolution, delegate all or any of its functions (except this power of delegation) to any member or committee of the Council or to any authority or officer of the University or to any other person or body prescribed by the by-laws.
(2)  If a function of the Council is delegated to the Vice-Chancellor in accordance with subsection (1) and the instrument of delegation authorises the sub-delegation of the function, the Vice-Chancellor may (subject to any condition to which the delegation is subject) sub-delegate the function to any person or body referred to in subsection (1).

17A   Operation of certain Acts

Nothing in this Act limits or otherwise affects the operation of the Ombudsman Act 1974, the Public Finance and Audit Act 1983 or the Annual Reports (Statutory Bodies) Act 1984 to or in respect of the University or the Council.

17B   Recommendations of Ombudsman or Auditor-General

The Council must include in each annual report of the Council as part of the report of its operations a report as to any action taken by the Council during the period to which the report relates to implement any recommendation made in a report of the Ombudsman or the Auditor-General concerning the Council or the University:
(a)  whether or not the recommendation relates to a referral by the Minister under section 21E, and
(b)  whether or not the recommendation relates to a University commercial activity (as defined in section 21A).
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