Delegation Policy

1. The purpose of our policy

Our policy sets out the principles under which powers and functions are delegated, and those delegations are exercised. It defines how delegations are governed to ensure simplicity, clarity, accountability, alignment (with organisational strategy, culture and values), cohesiveness, and good governance in our decision-making.

Our policy provides for the establishment and maintenance of our Delegation Procedure and Delegation Register, which, together with this policy, comprise our delegation framework.

2. Who our policy applies to

Our policy applies to any position or body holding a delegation of the Council under section 32 of the Adelaide University Act 2023 (the Act), including any authorised further delegation (hereinafter referred to as a ‘sub-delegation’) of a Council delegation, to those bodies and positions listed in section 3 below.

3. Where authority comes from

Council authority

The Act establishes the Council as the governing body of Adelaide University. The functions and powers of the Council are conferred under the Act. 

The Council has reserved certain functions and powers for its sole authority, as recorded in our Delegation Register.

Under section 32(1) of the Act, the Council may delegate any of its functions or powers to:

• a member of the Council
• the Vice Chancellor
• a staff member of Adelaide University
• the holder of a particular office or position in Adelaide University
• a committee of the Council or Adelaide University, or
• to any other body established by the Council.  

The Council must not delegate the power to make a determination under subsection 48(1) of the Act.

A delegation under section 32(1) of the Act may be absolute or conditional and does not derogate from the power of the Council to act in any matter. The Council may, by resolution, revoke a delegation.

Council delegations are granted by resolution of the Council and must be recorded in a form determined by the Council. The Council has determined that Council delegations are recorded in our Delegations Register, except where the delegation is ad hoc, in which case the ad hoc delegation is recorded in the Council meeting minutes. 

Sub-delegation

A Council delegation may only be sub-delegated if the Council expressly determines or authorises it.

Where a Council delegation is permitted to be sub-delegated, the Council has determined that the sub-delegation must be:

• recorded in our Delegation Register, and
• subject to the same, or narrower, conditions or limits as the delegation on which the sub-delegation is based.

A sub-delegation of a Council delegation must not be further sub-delegated.

4. Our delegation principles

The following principles apply to Council delegations and sub-delegations of a Council delegation:

4.1 Notwithstanding section 32(1)(c) of the Act, the Council has determined that, for the purposes of its delegaitons framework, delegations are granted to positions or bodies rather than to individuals. Where a delegation is made to a body, it is granted on the body as a collective, not on its individual members. Similarly, where a delegation is granted to a position, it is held by the occupant of that position from time to time, not the individual.

4.2 A person who has been appointed to act in a position can exercise any delegations attached to that position, unless otherwise specified in our Delegation Register.

4.3 When exercising a financial delegation (whether to commit or receive funds), the delegate must determine the known or estimated value of the whole transaction, calculated in accordance with our Delegation Procedure, to ensure it falls within their approved delegation limit. Artificial splitting of any amount is prohibited.

4.4 A delegate may, subject to the requirements set out in our Delegation Procedure sign a contract, agreement or other document (excluding a deed) that gives effect to a decision of the delegate in respect of a delegated power or function.

4.5 Delegates are expected to, but not compelled to, exercise a delegation. If, in the opinion of the delegate, some special or unusual circumstances are involved in the matter, the delegate may seek advice from any appropriate person or escalate the matter to the delegator (i.e. the Council), or for a sub-delegation, the delegate who granted the sub-delegation.

4.5 In exercising a delegation, a delegate must always:

• act in the best interests of Adelaide University, informed by an appropriate level of due diligence
• comply with applicable legislative, regulatory, contractual and policy requirements, including our Delegation Procedure and [Conflicts of Interest Policy]
• act within the scope, conditions and limits of the delegation
• only act within their accountability area, responsibilities, and within relevant budget limits and financial delegation
• apply their informed discretion and professional judgment, based on consultation and advice as needed, and
• ensure there is sufficient information and an auditable record to support the exercise of the delegation.

5. Our delegation register

Our Delegation Register records:

• Council-reserved functions and powers
• ongoing Council delegations
• Vice Chancellor-retained functions and powers
• sub-delegations of Council delegations, and
• conditions and limits imposed on the exercise of these delegations and sub-delegations. 

Our Delegation Procedure describes the structure of our Delegation Register.  The [Director, Governance Services] maintains our Delegations Register. Amendments to our Delegations Register may be made in accordance with our Delegations Procedure.

Our Delegation Register is accessible on the Adelaide University website for members of the Adelaide University community.

6. Monitoring

The [Director, Governance Services] will report annually to the Audit and Risk Committee on our Delegation Policy and Delegation Procedure.

7. Definitions used in our policy

Please refer to our Adelaide University glossary for a full list of our definitions.

8. How our policy is governed

Our policy is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.

9. Documents related to our policy

10. History of changes

At the time of writing, Adelaide University’s organisational structure, position titles, and committee names have not been confirmed. Square brackets [ ] indicate placeholders for these details. Brackets are also used to identify policy elements that are subject to further decision-making or confirmation. These will be updated once final decisions are made.