Purpose and Objectives
This Policy sets out the principles and framework for contractual Delegations of authority by the Company . This Policy must be read in conjunction with the Delegations of Authority Policy which sets out the general principles of the delegation which apply to all Company delegations.
Scope
This policy applies to all Company activities including instances when performing offsite work.
Policy Statement
This Policy applies to all Staff members of Company .
The scope of the powers delegated in accordance with this Policy is limited to the powers of Company and Chief Executive Officer (CEO); a Delegate cannot exercise a power that Company and CEO itself is not permitted to exercise.
This Policy does not apply to the controlled entities of the Company . Boards of those entities must implement their own delegations of authority, consistent with their constitutions.
This Policy must be read with:
- the Company‘s Code of Conduct,
- the Delegations of Authority Policy,
- the Delegations Framework, and
- the Financial Delegations Policy
Contractual Delegations
The delegations and restrictions by category of arrangement are set out in the Delegations Register.
Contracts, consultancy proposals and joint venture contracts
The delegations and restrictions by category of arrangement are set out in the Delegations Register.
Standard contracts and agreements
Approval to sign Company standard contracts and agreements on behalf of Company, including consultancy agreements and student placement agreements.
Non-standard contracts and agreements
Approval to sign contracts and agreements on behalf of Company, including consultancy agreements, lease agreements and joint venture contracts, Contracts and agreements are to be reviewed by the CEO and/or Legal advisors prior to signature.
Standard international agreements
Approval to sign Company standard international agreements on behalf of the Company , subject to Company standard international agreements is contracts and agreements developed and approved by the CEO and/or Legal advisors for use as standard templates for international matters (including standard agency agreement) and are published as standard international contracts and agreements on the [internet].
Contracts, consultancy proposals and joint venture contracts
It is important that these offices are involved at an early stage in the negotiations so that expert advice is provided on issues such as copyright and intellectual property, confidentiality, deeds of indemnity, insurance and accounting and reporting requirements. Information relating to financial and insurance matters may also be obtained from the relevant officers .
Contracts and agreements, including consultancy agreements, lease agreements and joint venture contracts
All Company contracts and agreements are to be reviewed by the Legal Office prior to signature. It is important that the Legal Office be involved at an early stage in the negotiations so that expert advice is provided on issues such as copyright and intellectual property, confidentiality, deeds of indemnity, insurance and accounting and reporting requirements.
Leases
Financial leases are to be recognised by the Operational Unit as an asset and as such need to be recorded in the Fixed Asset Register.
- All operating lease payments must be charged to the Operational Unit as an expense over the life of the lease and operating leases are not to be recognised in the Company‘s fixed asset register.
- All Company sites that lease equipment must provide details to the Finance for insurance coverage.
- All leases must be forwarded to the Chief Finance Officer for approval. Lease agreements must be referred to the CEO and/or Legal advisors.
Telecommunications equipment
Apart from the centrally provided and operated telephone facilities, the Rare recognises that there may be other forms of telecommunications equipment useful with their operations, for example, mobile telephones and .
Authorisation for the purchase of mobile phones for Staff members is required, in writing, from Finance in which the Staff member is employed. A Staff member requesting a mobile phone should submit a proposal directly to his or her supervisor, who in turn should make a recommendation to Finance for a final decision.
The total costs including the purchase of the handset, charger, calls, etc. are to be met by Company. The billing for the phone or device will be made directly to the Company.
Information Technology Services negotiates a corporate plan for the optimum mobile phone cost with a telephone carrier each year, and it is recommended that this plan is used by Company.
Construction or alterations of buildings
Entry into contracts for the construction or alterations of buildings, and for site works and services, requires that prior approvals be received as appropriate.
In the case of minor works and alterations and site works and services (including landscaping) funded from Company sources, the prior written approval of the CEO, Property and Facilities is required.
The Delegate must also ensure that funds will be available for payment when the account is received. For capital works and services, this means that funds must be available within Rare budget allocations, parliamentary appropriations or within discretionary funds available to the Company.
Responsibilities
A Delegation of authority represents a significant responsibility for those who hold them. Delegates must exercise care and diligence when carrying out their Delegations of authority. This Policy and the Delegations Framework do not relieve Delegates from their duty to be fully conversant with the source materials which affect them and which give the context and rationale for the exercise of their powers.
- Delegates always remain responsible for making the decision.
- Delegates must observe all the principles in this Policy.
- Delegates can only act within the limits of their Delegation of authority.
Breach of Delegation of Authority
A breach of the provisions of this Policy or the Delegations Framework may be regarded as misconduct or serious misconduct and may be subject to disciplinary action.
Auditing of Delegation of Authority and Authorisations
The exercise of delegations of authority and authorisations will be subject to periodic review by the Chief Executive Officer (CEO). A report of the review will be provided to the Risk Committee, including any recommendations arising from the review.
Report of Misuse of Delegations of Authorisations
Staff who believes that a Delegation of authority or authorisation has been improperly exercised should refer the matter to the Chief Executive Officer (CEO) who will investigate and act according to the outcome of the investigation.