The Delegations of Authority Policy sets out who can sign documents on behalf of the University. However, the Delegations Policy does not address every situation. If you are not sure who should sign a document ask your supervisor or the head of your Faculty or Department.
Documents that aren’t covered by the Delegations Policy must be signed in one of the ways set out below. These documents must be prepared for signing in accordance with the University’s Document Execution Protocol. The OGC will help you to arrange the signing of these documents.
1. Documents that must be signed under section 127(1) of the Corporations Act 2001 (Cth)
This usually means either two directors (Senators) or a director and company secretary of Australian Catholic University Limited (the Company) must sign the document. Examples of documents that must be signed under s127(1) are deeds, projects with a high dollar value or involving a significant risk to the University, or when a contractor insists on a document being signed in this way.
Directors of departments within the University are not directors of the Company and are not authorised to sign documents under s127(1). The directors of the Company are the members of Senate.
2. Documents that must be signed under Power of Attorney
The Company has appointed certain persons as Attorneys of the University under a Power of Attorney. The Chief Operating Officer and Director of Finance are both Attorneys of the University. Any document which deals with land (eg. a lease, licence, contract for the sale of land) must be signed by two Attorneys. In most cases, the Chief Operating Officer and Director of Finance will sign these documents.
3. Documents that must be signed by the Vice-Chancellor
All documents that must be signed under s127(1) of the Corporations Act 2001 (Cth) are signed by the Vice-Chancellor (as company director) and Chief Operating Officer (as company secretary). Other documents to be signed by the Vice-Chancellor are considered on a case-by-case basis.
4. Documents that must be signed under common seal
The Company’s common seal (which is kept by the company secretary, currently the Chief Operating Officer) is only used on rare occasions (eg. on a Deed of Campus Arrangements or on testamurs). The Seal is usually only attached (“affixed”) to a document with the approval of Senate.
However, in formal or urgent matters, when it is not possible to obtain prior Senate approval, the Seal may be affixed to a document on the request of the Pro-Chancellor, Vice-Chancellor or a member of the Senate Standing and Finance Committee.
These documents must be processed in accordance with the University’s Protocol for Affixing the Common Seal (PDF, 175KB). The OGC will help you with this process.