Standing Council delegations

Register of Standing Council Delegations

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The powers of the Council of the University are set out in section 8 of the University of Ballarat Act (2010) (the Act) which states that 'Council is the governing authority of the University'. The power of Council to delegate is set out in the Act as follows:

Section 18

The Council by instrument, may delegate its powers or functions under this Act to -

a) a member of the Council; or
b) a Committee of the Council; or
c) any member of staff of the University; or
d) the Academic Board or its equivalent; or
e) any other entity prescribed by the University statutes.

 

In accordance with Statute 1.1 - Interpretation, "Where the Council or the holder of an office, a board, committee or other body established or constituted by or under the Act, the Statutes or the Regulations delegates any of his, her or its powers, authorities, duties or functions, the power, authority, duty or function may be exercised or performed by the delegate-

  • [a] in accordance with the terms of the instrument of delegation;
  • [b] if the delegated act is dependent upon the opinion, belief or state of mind of the delegator, then upon the opinion, belief or state of mind of the delegate in relation to the matter; and
  • [c] the delegate may not further delegate the power, authority, duty or function."

Statute 2.1 - The Schedule prescribes the officers of the University for the purposes of section 19 of the Act as:

  • 1. The Vice-Chancellor;
  • 2. Senior Deputy Vice-Chancellors;
  • 3. Deputy Vice-Chancellors;
  • 4. Heads and Directors.

Conferral of powers via Statutes and Regulations

The power of Council to make Statutes and Regulations of the University is set out in section 28 of the Act.

Statutes and Regulations may relate to:

  • the organisation of the University;
  • the discipline of the University;
  • confer powers upon various officers or committees of the University.

The conferral of powers via legislation are not considered delegations. Powers conferred upon an officer of the University via University legislation may therefore be delegated by that officer.

Powers conferred by Council upon an officer (referred to in Statute 2.1 - The Schedule) or committee of the University are generally not included in this register. Where Council has conferred its powers pursuant to legislation to the Chancellor and to standing and ad hoc committees of Council, and these are set out in the register below, together with such other delegations as Council has made by resolution from time to time. All delegations that remain current, made since the commencement of operations of the University in 1994, have been included.

COUNCIL POWERS SET OUT IN THE ACT DELEGATION OF CONFERRAL OF POWERS
Nature of delegation or conferral To whom Date made Further details (if any)
1. Council shall be the “governing body of the University” and has the general direction and superintendence of the University. The Council may, subject to the Act and University Statutes and Regulations, exercise all of the powers, functions and duties of the University. a) Authority to act on Council’s behalf on the urgent matters that cannot wait until the next meeting of Council. Council Executive Committee 1 Dec 2004 CEC7/04
Reporting to next meeting of Council.
b) Authority to sign contracts. As set out in relevant policy document.
Updated May 2007 CM3/07/10
Delegations specified in Staffing, Financial, Contract and Tender Delegations.
Reviewed periodically by the Finance Committee.
c) Authority to approve expenditure. As set out in relevant policy document. Updated May 2007 Staffing, Financial, Contract and Tender Delegations.
d) Authority to approve items of expenditure exceeding $750,000 As set out in relevant policy document. Updated May 2007 Staffing, Financial, Contract and Tender Delegations.
e) Authority to grant permission for use of the University’s name, logo and logo type As set out in relevant policy document.
Communication Standard Guide
f) Authority to approve operational policies of a non-academic nature As set out in relevant policy document.

Policy Development, Implementation & Review Framework Policy
g) Authority to approve operational level policies of an academic nature Academic Board
Policy Development, Implementation & Review Framework Policy
2. Council shall appoint a person to be Vice-Chancellor as the chief executive officer of the University on such terms as Council determines in accordance with University Statutes and Regulations.



3. Council may make University Statutes and Regulations with respect to the employment of staff. Deputy Vice-Chancellors – Council
Pro Vice-Chancellors and Vice-Presidents - Council
Heads of Branches - Council



4. Council may make University Statutes and Regulations with respect to any matter relating to "the University and any persons entering or on land or other property of the University or using University facilities."



5. Council may confer any degree or grant any diploma, licence or other award or revoke any degree, diploma, certificate, licence or other award subject to the University Statutes. Delegation to the Chancellor of the power to confer academic awards of the University Chancellor
CM4/08/08
In the absence of the Chancellor, a deputy chancellor may also confer awards as Section 22(6) of the Act provides that a deputy chancellor may have all the powers and duties of the Chancellor where the Chancellor is absent, unable to act, or where the office is vacant.
6. Council may delegate its powers or functions (other than this power of delegation, the power to appoint officers and the power to make Statutes) to a committee of Council or to any member of Council or officer of the University or the Academic Board or any other entity prescribed by University Statute. a) Authority to establish, in consultation with the Vice-Chancellor, annual performance objectives for the Vice-Chancellor; and authority to evaluate annually the Vice-Chancellor’s performance against those objectives Remuneration Committee
As set out in the Remuneration Committee terms of reference
b)  Authority to determine the conditions of employment and remuneration of the Vice-Chancellor Remuneration Committee
As set out in the Remuneration Committee terms of reference
c) Authority to approve policies relating to the University’s budget, the investment of surplus funds held by the University and the management of the University’s fixed assets Check Finance TOR Policy

d) Conferral of power to hear and make determinations on appeals by students against findings of the University Discipline Committee with regard to instances of general misconduct Roles and responsibilities relevant to Academic Board
Student Discipline Committee
Appeals Committee (HE)
Appeals Committee (TAFE)
Animal Ethics Committee
Human Research Ethics Committee
7. Council shall ensure that all University funds are used solely for University objects and purposes Authority to approve donations to external bodies Vice-Chancellor

8. Council may approve the University to borrow, invest, acquire, lease and sell property, and form companies or participate in the formation of corporations, partnerships or joint ventures which are conducive to the attainment of any of the objects of the University. Authority to approve investments Finance Committee
23 Feb 2007 CM1/07/10
Authority set out in Investment Management Committee terms of reference, approved by Council.  Reviewed periodically by the Finance Committee.