Standing Council Delegations

Emeritus Professor Robert H T Smith AM - Hong Kong Gala Dinner 2007

REGISTER OF STANDING COUNCIL DELEGATIONS

INTRODUCTION

The powers of the council of the University of Ballarat are set out in section 7 of the University of Ballarat Act (1993) (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 19

The Council may delegate all or any of its powers, authorities, duties and functions, other than –
a) the power to make Statutes; and
b) the powers under section 26; and
c) this power of delegation –
to a committee appointed by it, a member of the Council or a prescribed officer of the University.

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, ..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.         Deputy Vice-Chancellors;
3.         Pro Vice-Chancellors and Vice-Presidents;
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 30 of the Act.

Statutes and regulations may relate to:

the organization 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 of Ballarat in 1994, have been included.

University of Ballarat Council

COUNCIL POWERS SET OUT IN THE ACT	DELEGATION OF CONFERRAL OF POWERS
COUNCIL POWERS SET OUT IN THE ACT	Nature of delegation or conferral	To whom	Date made	Further details (if any)
1 Council shall be the “governing authority of the University” and has the entire direction and superintendence of the University. Council is obliged to ensure that the University operated within the objects of the University, set out in section 7 of the Act.	a) Authority to act on Council’s behalf on the urgent matters that cannot wait until the next meeting of Council. b) Authority to sign contracts. c) Authority to approve expenditure. d) Authority to approve items of expenditure exceeding $750,000 e) Authority to grant permission for use of the University’s name, logo and logo type f) Authority to approve operational policies of a non-academic nature g) Authority to approve operational level policies of an academic nature	Council Executive Committee As set out in relevant policy document. As set out in relevant policy document As set out in relevant policy document As set out in relevant policy document As set out in relevant policy document Academic Board	1 December 2004 Updated May 2007 Updated May 2007 Updated May 2007	CEC7/04 Reporting to next meeting of Council. CM3/07/10 Delegations specified in Staffing, Financial, Contract and Tender Delegations. Reviewed periodically by the Finance Committee. Staffing, Financial, Contract and Tender Delegations. Staffing, Financial, Contract and Tender Delegations. Communication Standard Guide Policy Development, Implementation & Review Framework Policy Policy Development, Implementation & Review Framework Policy
2 Council shall appoint a person to be Vice-Chancellor as the chief executive officer of the University for such a period and on such terms as Council determines.
3 Council may appoint or terminate the appointment of any member of staff of the University.	Heads of School – Council Professoriate - Council
4 Council may make amend or revoke University regulations and Statutes “for or with respect to all matters relating to the organisation’s management and good government of the University.”
5 Council may confer any degree or grant any diploma or certificate or revoke any degree, diploma or certificate subject to the 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 appoint committees and delegate all or any of its powers, authorities, duties and functions (other than this power of delegation and the power to make Statutes) to any such committee or to any member of Council or officer of the University.	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 b) Authority to determine the conditions of employment and remuneration of the Vice-Chancellor 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 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	Remuneration Committee Remuneration Committee Check Finance TOR Policy Roles and responsibilities relevant to Academic Board		As set out in the Remuneration Committee terms of reference As set out in the Remuneration Committee terms of reference 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 purposes	Authority to approve donations to external bodies	Vice-Chancellor
8 Council may borrow, invest, acquire, lease and sell property, and form companies or participate in the formation of corporations (other than a limited company), 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 February 2007	CM1/07/10 Authority set out in Investment Management Committee terms of reference, approved by Council. Reviewed periodically by the Finance Committee.