Intent and objectives
Delegations are recorded and managed so that they are exercised in accordance with relevant legislation, RMIT policies and procedures.
The delegations policy will ensure that:
- Responsibility and autonomy are devolved to the appropriate level so that staff can be effective and efficient
- Delegations of authority will be recorded and accessible
- Delegations are made to staff in relation to a position or to committees
- A delegation is the formal authority or power for specific tasks, functions, duties
- Proper governance will be achieved by ensuring there are sufficient internal control structures and monitoring is in place
- The exercise of delegations is within RMIT policies and procedures and in accordance with the RMIT Act 2010 (the RMIT Act)
University wide including controlled entities in relation to staffing, financial and legal delegations.
Authority to delegate
Delegation by Council
1. Section 18 of the RMIT Act permits Council by instrument to delegate all or any of its powers, authorities, duties and functions, other than —
(a) this power of delegation;
(b) the power to appoint officers under section 9(1)(a)
(c) the power to make university statutes
(d) a member of the Council; or
(e) a committee of the Council; or
(f) any member of staff of the University; or
(g) the academic board or its equivalent; or
(h) any other entity prescribed by the university statutes.
2. Section 15(1), Schedule 1 of the RMIT Act permits Council to constitute and appoint any committees as it thinks fit by resolution. Section 15(3), Schedule 1 of the RMIT Act permits Council, by resolution, to delegate to any committee or to any member of a committee all or any of its powers, authorities, duties and functions other than-
(a) this power of delegation; and
(b) the power to make University statutes and, except in accordance with section 30, University regulations.
The RMIT Council has delegated by instrument its authority and responsibilities for operational matters to the Vice-Chancellor and President. These are specified in instruments of delegation in the supporting proforma which are annually reviewed by Council.
Delegation by Vice-Chancellor and President
3. Section 26(7) of the RMIT Act states that unless the Act or Statutes otherwise prescribe, the Vice-Chancellor and President may delegate in writing any of the powers and duties of the Vice-Chancellor and President, to –
(a) any appropriately qualified member of staff; or
(b) any committee established from appropriately qualified members of staff
Delegations from the Vice-Chancellor and President are specified in Instrument of Delegation (No. 1 of 2011) (“Delegations Schedule”) and otherwise in writing.
4. Council has not delegated the authority to approve the strategic plan, business plan and annual budget of the University.
Management of delegations
5. When a delegation is being made
- a delegate's accountability and reporting requirements must be specified
- the delegation should reflect the management structure of RMIT
- the delegation is made to a person and it is in relation to the position they hold; This delegation will include any person acting in the position of that staff member on a temporary basis, unless otherwise specified at the commencement of the period of acting
- a delegation may be for a specific occasion or on a continuing basis
- a continuing delegation of power to a committee must also be included in the terms of reference of the committee
Amendments to delegations
6. A delegating body may change those delegations they have made other than by way of instrument on a temporary basis as a response to specific business imperatives.
7. When a policy or a procedure is reviewed and the amendments require a change in any delegation, this should be noted and requested as part of the approval process.
8. A delegation other than by instrument may be withdrawn at any time by the delegating body or the Vice-Chancellor and President. A delegation by instrument may be revoked by the body that made the delegation.
9. Instruments of delegation and other delegations will be maintained and accessible to all staff.
10. Council will, on advice from the Audit and Risk Management Committee, review instruments of delegation on an annual basis.
Exercise of delegations
11. Where a manager holds a delegated authority, this authority may be exercised in regard to the area for which they hold responsibility.
12. A financial delegation can be exercised only within the approved line item budget. In exercising delegations with financial implications, the delegate is also certifying the availability of funds, both in the current year and forthcoming years. The Vice-Chancellor and President may make unbudgeted delegations and these are to be reported to Council.
13. A delegate cannot exercise a staffing delegation in regard to staff for whom the delegate does not hold line management responsibility.
14. A delegation held at a nominated management level is also held by all higher level managers in the delegate’s reporting line.
15. When an officer with a delegated authority is unable to carry out the duties associated with that delegation for any reason, including a conflict of interest or temporary incapacity or absence, the delegated authority escalates to that officer's immediate supervisor.
16. With the exception of the Vice-Chancellor and President, where a delegate is a member of a Selection Committee, they may not approve the appointment.
17. Controlled entities are required to develop delegations schedules which are consistent with this policy and any delegations or instruments of delegation made under it, and in accordance with their constitution.
18. The Board of a controlled entity must, on advice from their Audit Committee, approve any delegations schedule on an annual basis.[Next: Supporting documents and information]