Legislation

Legislation, or statutory law, is law which has been enacted by a legislature or a governing body. Prior to enactment legislation is known as a bill and following enactment as an Act.

For the University of Wollongong the relevant legislatures are those of the Government of New South Wales (State Parliament) and the Commonwealth of Australia (Federal Parliament).

There are a number of legislative instruments specific to the operation of the University, and many that apply to general community as well as the University. Though not exhaustive, this site provides information on the instruments of legislation that have a significant role in the management and functions of the University.

University of Wollongong Act 1989 (NSW)

The University of Wollongong Act (1989) establishes the University of Wollongong and provides for its governance.

Contact Officer: Senior Manager, Governance

University of Wollongong By-law 2005

The University of Wollongong By-law (2005) provides for detailed requirements in relation to certain matters contained in the UOW Act, eg elections

Contact Officer: Senior Manager, Governance

Higher Education Support Act 2003 (Cwth)

The Higher Education Support Act (2003) makes provision for Commonwealth recurrent and capital funding for the sector. The objects of this Act are:

1. to support a higher education system that is characterised by quality, diversity and equity of access; and contributes to the development of cultural and intellectual life in Australia; and is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population;
2. to support the distinctive purposes of universities;
3. to strengthen Australia’s knowledge base, and enhance the contribution of Australia’s research capabilities to national economic development, international competitiveness and the attainment of social goals; and
4. to support students undertaking higher education.

For further information, contact the Student Services Division.

Tertiary Education Quality and Standards Agency Act 2011 (Cwth)

The Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) establishes TEQSA as an agency.

The objects of TEQSA are:

1. to provide for national consistency in the regulation of higher education;
2. to regulate higher education using a standards-based quality framework and principles relating to regulatory necessity, risk and proportionality;
3. to protect and enhance Australia's reputation for international competitiveness in higher education, as well as excellence, diversity and innovation in higher education in Australia;
4. to encourage and promote a higher education system that is appropriate to meet Australia's social and economic needs for a highly educated and skilled population;
5. to protect students undertaking, or proposing to undertake higher education by requiring the provision of quality higher education; and
6. to ensure that students have access to information relating to higher education in Australia.

For further information, contact the Academic Quality and Standards Unit.

Education for Overseas Students Act 2000 (including National Code 2007) (Cwth)

The Education for Overseas Students Act (2000) sets out clear roles and responsibilities for education institutions wanting to teach overseas students and is designed to provide consumer protection for overseas students coming to Australia on student visas.

For further information, contact the Academic Quality and Standards Unit.

Corporations Act 2001 (Cwth)

The Corporations Act (2001) makes provision in relation to corporations, securities, the futures industry and financial products and services. It covers, among other items, the appointment and responsibilities of directors, conflict of interest, civil liability.

Contact Officer: Chief Finance Officer

Public Finance & Audit Act 1983 (NSW)

The Public Finance and Audit Act (1983) makes provision for the control, management, disposition of, or accounts for, public finances and property by the University as a statutory authority.

Contact Officer: Chief Finance Officer

Annual Reports Statutory Bodies Act 1984 (NSW)

The Annual Reports Statutory Bodies Act (1984) governs the submission of annual reports and audited financial statements.

Contact Officer: Senior Manager, Governance

ICAC Act 1988 (NSW)

The ICAC Act (1988) provides for the establishment of ICAC:

1. to investigate, expose and prevent corruption involving or affecting public authorities and public officials, and
2. to educate public authorities, public officials and members of the public about corruption and its detrimental effects on public administration and on the community, and
3. to confer on the Commission special powers to inquire into allegations of corruption.

Contact Officer: Chief Administrative Officer

Ombudsman Act 1974 (NSW)

The Ombudsman Act (1974) provides for the appointment of an Ombudsman; defines the functions of the Ombudsman; and purposes connected therewith.

Contact Officer: Chief Administrative Officer

Competition and Consumer Act 2010 (Cwth)

The Competition and Consumer Act (2010) (previously the Trade Practices Act 1974) intends to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.

Contact Officer: Legal Services Unit

State Records Act 1998 (NSW)

The State Records Act (1998) makes provision for the creation, management and protection of the records of public offices of the State and provides for public access to those records, to establish the State Records Authority; and for other purposes.

Contact Officer: Senior Manager, Records Management Unit

Copyright Act 1968 (Cwth)

The Copyright Act (1968) provides for the control and use of original creative works. The Copyright Act lists categories of material which are protected by copyright

Contact Officer: Copyright and Digitation Officer

Animal Research Act 1985 and the Animal Research Regulation 2005 (NSW)

The Animal Research Act 1985 was introduced to protect the welfare of animals by ensuring that their use in research is always humane, considerate, responsible and justified.

Animal Research Regulation 2005 (NSW)

The Animal Research Regulation 2005 incorporates the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes into the Animal Research Act 2005.

Human Cloning and Other Prohibited Practices Act 2003 (NSW)

The Human Cloning and Other Prohibited Practices Act 2003 is part of a uniform Australian approach to the prohibition of human cloning and certain other practices associated with reproductive technology.

Prohibition of Human Cloning for Reproduction Act 2002 and the Research Involving Human Embryos Act 2002 (Commonwealth)

The Prohibition of Human Cloning for Reproduction Act 2002 and the Research Involving Human Embryos Act 2002 address concerns, including ethical concerns, about scientific developments in relation to human reproduction and the utilisation of human embryos by prohibiting certain practices.

Contact Officer: Deputy Vice-Chancellor (Research)

Government Information (Public Access) Act 2009

From 1 July 2010, the new Government Information (Public Access) Act 2009 replaced the Freedom of Information Act 1989 (NSW). The Government Information (Public Access) Act enables a member of the public to obtain access to documents held by the Government (or public body).

Access to Information held by UOW is managed by the Legal Services Unit.

Health Records and Information Privacy Act 2002 (NSW)

The purpose of the Health Records and Information Privacy Act (2002) is to promote fair and responsible handling of health information by:

• protecting the privacy of an individual’s health information that is held in the public and private sectors;
• enabling individuals to gain access to their health information; and
• providing an accessible framework for the resolution of complaints regarding the handling of health information.

Privacy and Personal Information Protection Act 1998 (NSW) & Privacy Act 1988 (Cwth)

The Privacy and Personal Information Protection Act (1998) and the Privacy Act (1988) provide for the protection of personal information and for the protection of the privacy of individuals generally. It sets down procedures for the access to, collection and disclosure of personal information.

Workplace Surveillance Act 2005 (NSW)

The Workplace Surveillance Act 2005 regulates the discretion an employer may use to oversee employees.

Income Tax Assessment Act 1936 (Cwth) & Income Tax Assessment Act 1997 (Cwth)

The Income Tax Assessment Act (1936) and the Income Tax Assessment Act (1997) provide for the imposition, assessment, and collection of a tax upon incomes.

Contact Officer: Associate Director, Financial Services

Fringe Benefits Tax Assessment Act 1986 (Cwth)

The Fringe Benefits Tax Assessment Act (1986) is an Act to impose a tax in respect of the value of certain fringe benefits provided in respect of the employment of employees.

Contact Officer: Associate Director, Financial Services

A New Tax System (Goods & Services Tax) Act 1999 (Cwth)

A New tax System (Goods and Services Tax) Act (1999) sets out the basic rules regarding the GST, the exemptions from the GST and the special rules that can apply in particular cases.

Contact Officer: Associate Director, Financial Services

Commercial Activities Guidelines (NSW)

The Commercial Activities Guidelines provide a set of principles and processes for the development and conduct of commercial activities at UOW.

Contact Officer: Chief Finance Officer

Foreign Influence

Foreign Influence Transparency Scheme Act 2018 (the Act) establishes the Foreign Influence Transparency Scheme. FITS applies to Australian or foreign individuals and entities who undertake registrable activities on behalf of a foreign principal.

Foreign Arrangements

Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (the Act) establishes the Foreign Arrangements Scheme. FAS ensures written arrangements between State/Territory entities and foreign governments and their entities do not adversely affect Australia's foreign relations and are consistent with Australia's foreign policy.

Foreign Interference

The Guidelines to Counter Foreign Interference in the Australian University Sector are designed to enhance safeguards against the risk of foreign interference.

Foreign interference includes covert, deceptive and coercive activities intended to affect an Australian political or governmental process that are directed, subsidised or undertaken by (or on behalf of) foreign actors to advance their interests or objectives.

Defence Export Controls

Applies to anyone exporting regulated defence goods/technologies from Australia or transferring information from Australia.

For more information, please visit the Foreign Engagements website.

Australian Citizenship Act 2007 (Commonwealth)

The Australian Citizenship Act 2007 sets out how a person becomes an Australian citizen, the circumstances in which a person ceases to be a citizen, and some other procedural matters related to citizenship. This has been the purpose of Australian citizenship legislation has been since it was enacted on 26 January 1949.

Immigration Education Act 1971 (Commonwealth)

The Immigration Education Act 1971 and the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 relates to the provision of certain Courses of Instruction for Immigrants and the charges that may be imposed for certain visas and entry permits by persons needing instruction in the English language.

Migration Act 1958

The Migration Act 1958 relates to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons.

Fair Work Australia Act 2009 (Cwth)

The Fair Work Act (2009) aims to provide a framework for cooperative workplace relations. It applies to a comprehensive range of industrial/staff related conditions and procedures, including enterprise bargaining and workplace agreements.

Contact Officer: Director, Human Resources.

Protected Disclosures Act 1994 (NSW)

The Public Interest Disclosures Act (1994) is designed to encourage and facilitate the disclosure, in the public interest, of corrupt conduct, maladministration and serious and substantial waste in the public sector.

Contact Officer: UOW Business Assurance Manager.

A substantial number of state and Commonwealth legislative instruments render unlawful racial, sex and other types of discrimination in certain circumstances and promotes equality of opportunity between all persons. There are special provisions for educational institutions.

The legislative instruments include:

• Anti-Discrimination Act 1977 (NSW)
• Equal Employment Opportunity (Commonwealth Authorities) Act 1987 (Cwth)
• Disability Discrimination Act 1992 (Cwth)
• Racial Discrimination Act 1975 (Cwth)
• Sex Discrimination Act 1984 (Cwth)
• Human Rights (Sexual Conduct) Act 1994 (Cwth)
• Human Rights and Equal Opportunity Commission Act 1986 (Cwth)

Contact Officer: Director, Human Resources Division

Work Health and Safety Act 2011 (NSW)

The Work Health and Safety Act 2011 aims to protect the health, safety and welfare of people at work. It lays down general requirements for health, safety and welfare, which must be met at all places of work in New South Wales.

Workplace Health and Safety Regulation 2011 (NSW)

The Workplace Health and Safety Regulation 2011 (NSW) aims to support the Work Health and Safety Act 2011 in achieving reductions in the incidence of workplace injuries and disease.

Workers Compensation Act 1987 (NSW)

The Workers Compensation Act 1987 (NSW) sets out monetary benefits under the NSW workers compensation scheme and what circumstances bring an injury within the workers compensation scheme. The Act is complemented by the Workplace Injury Management and Workers Compensation Act 1998 (NSW).

Explosives Act 2003 (NSW)

The Explosives Act 2003 (NSW) provides for the regulation and control of the handling of explosives and explosive precursors; to provide for the regulation of certain other dangerous goods.

Explosives Regulation 2005 (NSW)

The Explosives Regulation 2005 (NSW) pertains to the licensing and movement of explosives and explosive precursors.

Radiation Control Act 1990 (NSW)

The Radiation Control Act 1990 (NSW) imposes restrictions on persons using radioactive substances, ionising radiation apparatus and certain types of non-ionising apparatus. Employers must ensure that all employees who use radiation apparatus or radioactive substances hold an appropriate licence, or have been issued with an exemption approval allowing them such use.

Gene Technology Act 2000 (Commonwealth); Gene Technology Regulations 2001 (Commonwealth) and the Gene Technology Act 2003 (NSW)

TheGene Technology Act 2000 (Commonwealth); the Gene Technology Regulations 2001 (Commonwealth), and the Gene Technology Act 2003 (NSW) are designed to protect the health and safety of people and to protect the environment by identifying risks posed by the use of gene technology and by managing those risks.

Contact Officer: WHS Unit

National Greenhouse and Energy Reporting Act 2007 (Cwth)

The National Greenhouse and Energy Reporting Act (2007) provides for the reporting and dissemination of information related to greenhouse gas emissions, greenhouse gas projects, energy production and energy consumption, and for other purposes

Contact Officer: Environmental Manager