1. Purpose

1.1 This policy outlines the University’s approach and principles for the delegation of authority within the University.

1.2 The University ensures that delegations comply with statutory and legislative requirements, including the requirements under the University of the Sunshine Coast Act 1988 (Qld).

1.3 This policy must be read in conjunction with the supporting Delegations Schedule and Authorisations Schedule (login required).

2. Scope and application

2.1 This policy applies to all staff and members of the University decision-making or advisory bodies.

2.2 Delegations outlined in this policy and the supporting schedules apply to all University activities across all campuses and locations.

2.3 By their nature and in accordance with University of the Sunshine Coast Act 1998 (Qld), delegations can only be made to natural persons, either persons within the University’s Council, a person within a Committee of Council, or being a member of the University’s staff.

2.4 A breach of the provisions of this policy and supporting schedules may be regarded as misconduct or serious misconduct under the Staff Code of Conduct – Governing Policy and can be the subject of disciplinary action. However, a breach of this Policy and supporting Schedules will not affect or diminish the legal conferral of a power or invalidate the exercise of a delegation or authorisation.

3. Definitions

3.1 Refer to the University’s Glossary of Terms for definitions as they specifically relate to policy documents.

Authorisations are powers or functions that are conferred on a non-statutory basis.

Delegate means a member of staff, a member of University Council or a Member of a Committee of Council to whom a Delegation has been made and who has been granted authority to represent, or act for, the University. (Note: Delegates are to understand their responsibilities and scope of authority before exercising delegations, and exercise their delegations in accordance with relevant legislation and University policy documents, including this policy.)

Delegation is a grant that confers the legal capacity for a person to exercise a statutory based power of function. Delegations must be exercised in accordance with the requirements set out in s27A of the Acts Interpretation Act 1954 (Qld).

Delegator has the authority to assign an authority, power or function of their position to another individual.

Sub-Delegation means where the University Council delegates a statutory authority, function or power to the Vice-Chancellor and Present (VCP) and the VCP then confers the legal capacity to exercise that delegated authority, power or function to an appropriately qualified member of the University’s staff.

4. Policy statement

4.1 Delegations are a critical component of University governance to ensure strong, effective and efficient governance and management of the University. This commitment to sound corporate governance, academic governance, and administrative practices represents a significant responsibility for those who hold delegations of authority.

4.2 Delegations enable the University’s officers to act on behalf of the University. Delegations provide formal authority to staff to commit the University or incur obligations for the University.

4.3 Delegations of authority must:

(a) support the implementation of objectives and the achievement of goals in the University’s strategic plan;

(b) provide authority to University staff and members of committees in accordance with the University’s policy documents;

(c) be officially recorded and accessible to the University community;

(d) align responsibilities and accountabilities in a way that facilitates efficiency and effectiveness, and also increases the accountability of staff for their performance;

(e) reflect the University’s commitment to probity and equity in all of its activities; and

(f) place decision-making powers as close as possible to the point of service delivery within the University, thus allowing decisions to be made more efficiently and effectively in response to stakeholder needs.

5. General delegation principles

5.1 The following principles apply in respect of the granting of delegated authority and the exercise of delegated authority.

5.2 Compliance and governance

5.2.1 Delegations must align with relevant legislation, University policy documents.

5.2.2 Delegated powers must be exercised within any conditions or limits imposed.

5.3 Position-based delegation

5.3.1 Unless otherwise specified, delegations are conferred to positions, not individuals.

5.3.2 Acting officers assume delegated responsibilities and must identify their role as acting (e.g., prefix with “A/”).

5.4 Authority and responsibility

5.4.1 Delegators retain the right to exercise delegated powers.

5.4.2 Delegation does not absolve the delegator of accountability.

5.4.3 Delegates can perform incidental actions related to their delegated powers.

5.5 Documentation and record-keeping

5.5.1 Delegations and revocations must be documented in writing and signed.

5.5.2 Delegates must maintain records and documentation relevant to their actions in accordance with Records Management - Procedures.

5.6 Sub-delegation and continuity

5.6.1 Sub-delegations remain valid even if the original office holder leaves, provided the authority was granted to the position.

5.6.2 Delegated actions by a delegate are considered as actions of the delegator.

5.7 Decision-making and discretion

5.7.1 When a power depends on the delegator’s judgment, the delegate assumes that dependency.

5.7.2 When a power is delegated to a committee or other body, the delegation must be exercised by the committee or body acting as a whole in accordance with its relevant terms of reference or constitution. The delegation can only be exercised by an individual member as so authorised by the committee or body.

5.8 Financial accountability

5.8.1 When exercising a delegation that involves financial expenditure, the delegate must ensure that they exercise the power within any applicable financial limits and ensure the funds required are within approved budget allocations or other funding sources.

5.8.2 Financial delegations are provided in Appendix 1 of the Delegations Schedule.

5.9 Organisational change

5.9.1 Delegations adapt to organisational restructures, with references updated to reflect renamed or restructured positions.

5.10 From the date approved by the Council, this policy and the supporting schedules supersede and revoke all previous delegations of authority.

5.11 Acts performed under previous delegations of authority are not invalidated by this policy and the supporting Delegations Schedule.

6. University delegations and authorisations

6.1 University delegations

6.1.1 The University’s approach to delegations is guided by principles set out in the University Governance – Governing Policy.

6.1.2 The University’s approach to delegations focuses on:

(a) the powers and functions contained within legislation, including:

(i) University of the Sunshine Coast Act 1998 (Qld); and

(ii) other relevant legislative requirements;

(b) the legislative power vested in either the Council or the Vice-Chancellor and President and their delegations of authority, where it is legally able to be re-assigned or delegated;

(c) the conferral of delegations of authority in instruments of delegations, such as:

(i) formal instruments of specific delegation to senior officers;

(ii) Council codes, policy documents and plans;

(iii) terms of reference for boards or committees;

(iv) formal written agreements; and

(v) other instruments as Council sees fit (including the Delegations Schedule);

(d) maintaining the Delegations Schedule as the official record of any functions, duties or powers that have been delegated on an ongoing basis by the Council, Vice-Chancellor and President or under the University of the Sunshine Coast Act 1998 (Qld) or other relevant legislation and which also identifies the source document to which the delegation relates; and

(e) ensuring that adequate records of delegations made for a specific occasion are maintained.

6.2 Authorisations

6.2.1 Authorisations are not required to be documented in writing or comply with other requirements prescribed under s.27A of the Acts Interpretation Act 1954 (Qld). For best practice purposes, the University has recorded certain authorisations in the Authorisations Schedule.

6.2.2 When exercising these authorisations, staff can only exercise the power or function if they have been authorised to perform the power. In these circumstances, staff cannot assume or rely on their roles or position descriptions as the authority to exercise the relevant power or function.

7. Monitoring and reporting

7.1 The Director, Governance and Risk Management reviews this policy and Delegations Schedule, every 12 months. This review must also be made available to Council for noting.

8. Authorities and responsibilities

8.1 As the Approval Authority, Council approves this policy in accordance with the University of the Sunshine Coast Act 1998 (Qld).

8.2 As the Responsible Executive Member, the Vice-Chancellor and President can approve procedures and guidelines to operationalise this policy. All procedures and guidelines must be compatible with the provisions of this policy.

8.3 As the Designated Officer the Director, Governance and Risk Management can approve associated documents to support the application of this policy. All associated documents must be compatible with the provisions of the policy.

8.4 This policy operates from the last amended date, and all previous iterations of policy on University delegations are replaced and no longer operating from this date.

8.5 All records relating to University delegations must be stored and managed in accordance with the Records Management - Procedures.

8.6 This policy must be maintained in accordance with the University Policy Documents – Procedures and reviewed on annual policy review cycle.

8.7 Any exception to this policy to enable a more appropriate result must be approved in accordance with the University Policy Documents – Procedures prior to deviation from the policy.

8.8 Refer to the supporting Delegations Schedule in relation to the approved delegations detailed within this policy.

8.9 Refer to the Authorisations Schedule in relation to the approved authorisations detailed within this policy.

8.10 The following authorities/responsibilities are delegated under this policy:

9. Appendices and supporting documents

Delegations Schedule

• Appendix 1: Financial Delegations

Authorisations Schedule

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