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| Approving Authority: |
Council |
| Establishment Date: |
28 August 2003 |
| Date Last Amendment: |
13 November 2003 |
| Nature of Amendment: |
Appendix A - Framework of delegations
- updated |
| Date Last Reviewed: |
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| Publication Reference: |
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| Contact Officer: |
Executive Officer, Legal & Contracts |
POLICY ON DELEGATIONS OF AUTHORITY TO ENTER INTO CONTRACTS
Introduction
1. Council may at its discretion authorise officers of the University to enter into contracts on behalf of the University. Authorised officers in turn may delegate authority to enter into contracts to appropriate officers within their areas of responsibility through the issue of sub-authorisations.
2. The purpose of this Policy is to establish the principles, requirements and processes for the delegation of authority to enter into contracts. The Policy applies to existing authorisations and to any authorisations or sub-authorisations approved in accordance with the Policy in the future.
3. Authorisations made under this Policy are represented in the Framework of Delegations of Authority to enter into Contracts (see Appendix A), and prescribe the limits within which authorised officers may enter into contracts on behalf of the University.
4. From time to time, Council may by written instrument authorise officers of the University to exercise the power to enter into contracts on behalf of the University. These authorisations may be limited by context, time or dollar amount.
Principles
5.Where permitted within the terms of the authorisation, an authorised
officer may further delegate the power to enter into contracts
through written sub-authorisations. A sub-authorisation will,
in all respects, be limited to the scope of the original authorisation.
6. Copies of all authorisations and sub-authorisations must be
provided to the Executive Director of Administration.
7. An officer holding an authorisation or sub-authorisation will at all times be subject to the general direction and authority of the Vice-Chancellor and will be required to act within the policies and the strategic directions set by Council.
8. An officer holding an authorisation or sub-authorisation will at all times be accountable to the relevant authorising officer in exercising that authority.
Terms of Authority and Obligations of Authorised Officers
9. When signing contracts, authorised officers are required to act within the terms of their authority.
10. All contracts are entered into on behalf of the University. When considering any undertaking, authorised officers must therefore have regard to the effect of the commitment on the University as a corporate entity.
11. Authorised officers must bring to the attention of the relevant senior officer, any contract which
11.1 involves significant commitments of money and/or other resources, such as staff time and
expertise, equipment and facilities; or11.2 is capable of affecting the business of the University in a significant way; or
11.3 regardless of its value, is of social, legal or political significance or sensitivity, for example:
- contracts with a high risk factor;
- contracts that could bring the activities of the University under public scrutiny;
- contracts which could affect the reputation of the University;
- contracts which might involve any matter liable to cause public controversy.
12.1 the University is able to meet its obligations under the terms of the contract, and it is likely that the other party or parties can meet their obligations;
12.2 the contract complies with any legislative requirements (eg Higher Education Funding Act, enterprise agreements, tax, anti-discrimination, privacy legislation etc);
12.3 the contract and its procurement conform with relevant University policies and administrative procedures;
12.4 the appropriate level of approval has been obtained;
12.5 any necessary internal or external advice has been sought;
12.6 any requisite consultation with other staff or operational areas of the University has occurred
13. Authorised officers must be aware of the financial and other
benefits, detriments or risks which are expected to flow or attach
to the University as a result of the contract, and should ensure
that any identifiable risks are properly addressed in the contract,
including intellectual property, physical damage or injury indemnities.
14. Authorised officers must not sign any contract if, by doing
so, that officer or another staff member of the University would
be placed in a conflict of interest (or would appear to be placed
in a conflict of interest) without the prior written approval of
the relevant member of the Senior Executive given after disclosure
of all the material facts or circumstances. A conflict of interest
will be deemed to exist for the purposes of this Policy where there
are facts or circumstances present which would confer an actual,
potential or prospective benefit (or the appearance of same) upon
the authorised officer or any staff member of the University concerned
with the negotiation or performance of the contract. For these purposes
the conferral of a benefit upon a partner or close family member
of an individual is deemed to be the conferral of a benefit upon
the relevant individual.
15 . An authorised officer who acts temporarily in a position has
the same level of authority as the substantive occupant unless otherwise
stated in the conditions attaching to the temporary post.
16. Any officer holding an authorisation may still exercise a power
to enter into contracts which has been the subject of sub-authorisation
to another officer.
17. Any officer holding an authorisation or sub-authorisation is
responsible for ensuring that any authority delegated by them to
another officer is properly exercised.
Record keeping and Reporting Procedures
18. Contracts can be authorised only by original signatures in ink.
19. The area or unit in which the authorised officer is located will keep the original of any contract or where it is unavailable, a true copy, as well as supporting documents.
20. The form Report on Entry into Contract (see Appendix B) must be completed, signed and retained in the relevant area or unit for each contract entered into.
21. A data base of all contracts entered into by officers acting under delegated authority must be maintained by the area or unit concerned in a form prescribed by and accessible to the Executive Director of Administration.
22. The Executive Director of Administration will maintain a record of all authorisations and sub-authorisations to enter contracts in the Framework of Delegations of Authority to enter Contracts (Appendix A).
23. The Vice-Chancellor will report annually to the Council on
the exercise of authorised power to contract in the University.
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