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(1) The University's Board of Trustees (Board) has power, under section 23 of the Western Sydney University Act 1997 (NSW) 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. (2) The Board also has power under section 23(2) of the Act to authorise the Vice-Chancellor to sub-delegate functions delegated to the Vice-Chancellor. (3) This Policy sets out the nature and limits of authority formally delegated by the Board to the Vice-Chancellor, the Academic Senate and other specified delegates. (4) This Policy also authorises the Vice-Chancellor to sub-delegate, in accordance with this Policy, functions that are delegated by the Board to the Vice-Chancellor. (5) This Policy applies to all officers and employees of the University and all functions delegated or sub-delegated in accordance with this Policy. (6) This Policy does not apply to controlled entities of the University or to entities in which the University has an interest. (7) This Policy does not form part of any contract with University staff and it may be varied from time to time by the Board in its discretion. Delegations of authority may also be rescinded or varied at any time. (8) When it comes into effect, this Policy supersedes the Delegations (Administrative) Policy or any other policy made by the Board of Trustees that delegates authority for the purposes of section 23 of the Act. (9) However, it does not invalidate any past acts or functions authorised and validly performed under any of those policies. (10) In this Policy unless the context requires otherwise: (11) A reference to this Policy includes any Delegation Schedule. (12) The Board reserves all decision-making authority to itself, except to the extent that it is expressly delegated under this Policy or reserved to the Board under another University policy, the Act or another law. (13) Powers specifically reserved to the Board include: (14) The Board Executive Committee of the Board has authority to exercise any function reserved to the Board in circumstances where: (15) The exercise of any delegation by the Board Executive Committee under clause (14) is to be reported to the next meeting of the Board and to be ratified by the Board. (16) The Chair, Academic Senate has authority to temporarily suspend or vary any policies or procedures made by the Academic Senate (except the Academic Governance Policy) relating to academic (including operational) matters of the University on the following conditions that: (17) The exercise of any delegation by the Chair, Academic Senate under clause (16): (18) The Vice-Chancellor and President is the chief executive officer of the University. Under the Act, the Vice-Chancellor and President: (19) The Vice-Chancellor and President has power and delegated authority to exercise any functions related to the management, operations and administration of the University except: (20) All delegations specified in a Delegations Schedule as exercisable by the Vice-Chancellor and President are delegations made by the Board. (21) For the purposes of section 23(2) of the Act, the Vice-Chancellor and President may sub-delegate to any University employee any delegation exercisable by the Vice-Chancellor and President, unless the Act or this Policy states otherwise. (22) Any other sub-delegation (including by way of agency or another method) is strictly prohibited by the Act and this Policy. (23) All delegations specified in a Delegations Schedule as exercisable by Category Level 8 and below are treated as sub-delegations made by the Vice-Chancellor and President. (24) Under the Act, the Academic Senate is: (25) The functions delegated to the Academic Senate are as specified in the Academic Governance Policy and in other rules or policies approved by the Board. (26) The Academic Senate has no power to sub-delegate any of its functions. However, it does have power to establish sub-committees to assist it with the exercise of its functions. (27) All delegations specified in a Delegations Schedule as exercisable by the Academic Senate are delegations made by the Board. (28) The following principles govern the exercise of any delegation or sub-delegation (whether it appears in this Policy or elsewhere): (29) If a delegate has authority to exercise a delegation under this Policy, then this includes authority to: (30) A delegate does not have to exercise a delegation if this is inappropriate, for example, if the delegate has a conflict of interest. In these cases, the delegate must refer the matter to his or her line supervisor or a more senior delegate. (31) The Vice-Chancellor and President has authority to create new, change or re-assign sub-delegations (including Delegation Categories) to reflect changes to the University's organisational structure. (32) All delegates and supervisors are required to: (33) Delegates should be aware that non-compliance with the Policy is considered by the University to be outside the scope of their employment, and could result in disciplinary action, including possible termination of employment. (34) Delegates must comply with all relevant laws (including the Act) and other relevant University rules, policies and other instruments, including: (35) Delegates must also exercise or perform delegated functions under a contract between the University and a third party in accordance with the provisions of that contract. (36) The University is to maintain and publish all delegations and sub-delegations approved under this Policy in the form of Delegations Schedules, that set out: (37) New or changed Delegations Schedules must be reported to the Board, via the Board's Audit and Risk Committee, to ensure appropriate oversight and accountability. (38) The University is to maintain and publish a Delegate Category Table that lists all positions that can exercise delegations by reference to their specified category or function. (39) For the purposes of this Policy, the following Delegate Categories apply: (40) Delegate Categories 7 down to 4 will be decided and allocated by the Vice-Chancellor and President and published in a Delegate Category Table. (41) To ensure administrative efficiency of University operations, a Category 6 delegate or higher can nominate any University employee (regardless of seniority) under his or her supervision to exercise a delegation assigned as Category 1, 2, or 3 delegations in a Delegation Schedule, as long as: (42) The University is to maintain a searchable Delegations Register. (43) Delegates should not exercise a delegation unless provided with sufficient details about the subject matter of that delegation and he or she is satisfied that there is a proper trail of accountability. For example, if asked to sign a contract for a transaction, the delegate should be given a briefing paper prepared and signed by the relevant project manager that: (44) Where a delegate has delegated authority to approve a transaction documented by way of a deed then, for the purposes of this Policy, the Board authorises the affixing of the University Seal, in accordance with clause (4) of the Western Sydney University (University Seal and Authentication) Rule, to either the deed or a power or attorney authorising that delegate to execute the deed on behalf of the University. (45) The project manager must ensure, following approval or signature, that: (46) This Policy should be read in conjunction with other relevant University policies and guidelines, which include: (47) Delegation Schedule AA - Financial Delegations (except Commercial Activities or Real Estate and Infrastructure Delegations) (48) Delegation Schedule BB - Real Estate and Infrastructure Delegations (49) Delegation Schedule CC - Commercial Activities Delegations (50) Delegation Schedule DD - Academic and Educational Activities Delegations (51) Delegation Schedule EE - Research and Intellectual Property Rights Delegations (52) Delegation Schedule FF - Branding and Marketing Delegations (53) Delegation Schedule GG - Alumni and Fundraising Delegations (54) Delegation Schedule HH - Corporate, Governance and Legal Delegations (55) Delegation Schedule II - Human Resources Delegations (56) Delegate Category Table.Delegations of Authority Policy
Section 1 - Purpose and Context
Part A - Source and Purpose of Delegations
Part B - Application and Commencement
Part C - Effect
Section 2 - Definitions and Interpretation
Section 3 - Policy Statement
Part D - Functions Reserved to the Board
Part E - Emergencies and Urgent Circumstances
Part F - Functions Delegated to the Vice-Chancellor and President
Part G - Sub-Delegations by the Vice-Chancellor
Part H - Functions Delegated to the Academic Senate
Part I - Governing Principles
Section 4 - Compliance and Accountability
Section 5 - Procedures
Part J - Delegation Schedules
Part K - Delegate Category Tables
Part L - Delegations Register
Part M - Documentary Requirements
Part N - Associated Information
Top of PageSection 6 - Guidelines