Human Resource Delegation Management Procedure

Intent

The purpose of this Procedure is to provide effective governance and clear accountability for the management of James Cook University Human Resources delegations of authority contained in the James Cook University Human Resources Sub-Delegation Register, including how to:

• Establish a new Delegation
• Amend an existing Delegation
• Disestablish an existing Delegation
• Communicate changes to Delegations

Scope

This Procedure applies to all staff of James Cook University while acting in their official capacity and in accordance with Delegations associated with the Human Resources policy domain, as established in the Council approved Policy and Delegations Responsibilities Map .

Definitions

Except where defined as below, the definitions used in this Procedure are found in the Human Resources Policy Glossary.

Delegation - is the authority granted to a Delegate by a person or body in whom a power is vested by legislation or otherwise, to independently exercise that power.

Under section 11(3) of the James Cook University Act 1997, a delegation of power to the Vice Chancellor may permit the sub-delegation of the power to an appropriately qualified member of the University’s staff.

Delegate – an appropriately qualified officer or group of persons empowered to act through a Delegation.

In this procedure, a delegate has been empowered to act through a sub-delegation conferred by the Vice Chancellor.

Implementation Date - the date from which a new or amended delegation, or the disestablishment of a delegation, takes effect:

• for a new or amended delegation, it is the date the new or amended delegation is published in the Human Resources Sub-Delegation Register in the Policy Library; and
• for the disestablishment of a delegation is the date that the delegation is removed from the Human Resources Sub-delegation Register in the Policy Library.

JCU: James Cook University

Major Amendments - a change to a delegation that impacts the intent and/or limits of the delegation. Major amendments may include changing the limits of the delegated authority, changing the position/s to which the delegation is made or the addition, consolidation, or removal of a delegation from a register. Disestablishment of a delegation is considered a major amendment. Major amendments must be approved by the Vice Chancellor (refer to the approval process outlined in Section 4 of this Procedure).

Minor Amendment - a change to a delegation that does not change the intent or limit of the delegation or the position carrying the delegation. It may include editorial or administrative changes, or renaming of position, or amendments that further clarify or explain the already expressed intention or limits of the delegation provided the amendment does not result in a material change to a position’s delegation.

Policy Sponsor / Sponsor - means the position nominated as the Policy Sponsor in the Council approved Policy and Delegations Responsibilities Map

Requestor - a University staff member who proposes:

(a)   the establishment of a new Delegation;

(b)   the amendment of a Delegation; or

(c)   the disestablishment of an existing Delegation.

Sub-delegation - in this Procedure, has the same meaning as the term “Delegation” above

Introduction

Functions recorded in the JCU Human Resources Sub-Delegations Register are delegations of authority conferred by the Vice Chancellor and this Procedure provides direction on the operational management of those delegations.  It is accepted that under the JCU Act, Council delegates power and the Vice Chancellor sub-delegates power conferred to the position by Council.

Delegation Management Procedure

1. Governance of Delegations

1.1  The Committees and positions responsible for approving policies, procedures and delegations are contained in the University Council approved JCU Policy and Delegations Responsibilities Map.

1.2  The Vice Chancellor is responsible for approving:

• new delegations
• disestablishment of delegations
• major amendments to delegations

1.3  The Sponsor of the Human Resources Policy Domain is responsible for managing and overseeing the development and review of policies, procedures and delegations within the Human Resources Policy Domain.

1.4  The Sponsor of the Human Resources Policy Domain must arrange for delegations contained, or implied, in policies, procedures and the JCU Enterprise Agreement to be included in the Human Resources Sub-delegation Register.

2. Roles and Responsibilities

Policy Officer

• Management, maintenance and custodianship of the Policy and Delegation Framework, the JCU Delegations Schedule, the Sub-Delegations Registers, this Procedure and supporting resources.
• Support and advice to the Policy and Delegation Sponsor in the review and implementation of the Human Resources Sub-Delegations Register and this Procedure.
• In conjunction with Human Resources, provide training to relevant staff to support the competent exercise of delegations.
• In conjunction with the Requestor, through the Policy Sponsor, assist with drafting a plan to communicate changes to delegations.

Human Resources

• Maintenance of delegations within individual policies and procedures.
• In conjunction with the Policy Officer, provide training to relevant staff to support the competent exercise of delegations.

Deputy Vice Chancellor (DVC), Services and Resources

The DVC Services and Resources, as Policy Sponsor, is responsible for ensuring that any changes to delegations (whether new, amended or disestablished) are developed and implemented consistently with the JCU Delegations Policy and represent workable solutions. DVC Services and Resources must also ensure related processes and systems are implemented to support and enable delegates to exercise their delegations and to ensure all audit and compliance requirements are met.

Specifically, this includes:

• Sponsorship of the Human Resources Sub-Delegations Register and this Procedure;
• Endorsing the establishment of new delegations relevant to the Human Resources policy domain;
• Endorsing Major Amendments to delegations relevant to the Human Resources policy domain;
• Approving Minor Amendments to delegations relevant to the Human Resources policy domain;
• Endorsing the disestablishment of delegations relevant to the Human Resources policy domain.

Vice Chancellor

• Empowered under the James Cook University Act 1997 to permit a sub-delegation of a power to an appropriately qualified member of staff.  In the context of this Procedure, the Vice Chancellor is responsible for approving the creation, amendment or disestablishment of delegations appearing in the Human Resources Sub-Delegations Register.

All Staff

• Exercise Delegations according to the Human Resources Sub-Delegations Register.

3. Establish a new Delegation

Plan

3.1  Determine whether a new delegation is required, having regard to:

• whether or not the subject matter of the desired delegation is covered in an existing delegation; and
• whether there is a business need for the delegation; and
• whether the decision incurs a commitment, liability or risk on behalf of the University, if not, then it is not a delegation; and
• whether the decision is regular and repeatable.  It is not necessary to include every decision as a delegation, as some decisions are granted or implied by the nature of a position; and
• whether the decision is the final decision at the end of a process (a delegation), or is a decision made within a process (not a delegation); and
• whether the proposed delegation is being held at the most appropriate position under the principles outlined in the JCU Delegation Policy.

3.2  New delegations must be endorsed by the Policy Sponsor.

3.3  Delegations cannot be created using the term ‘or nominee’ in a Policy, Procedure or Delegations Register.

3.4  A delegate cannot sub-delegate their delegation to anyone else.  Only the Vice Chancellor can sub-delegate a delegation.

Create a new delegation

3.5  Consult with key stakeholders to determine the function, identify the appropriate delegate and any required process or system changes required to implement the delegation.

3.6  Liaise with the Policy Officer to discuss the proposed new delegation and request the current version of the Human Resources Sub-Delegations Register to ensure that amendments are made to the correct document.

3.7  Present a proposal for the new delegation to the Policy Sponsor, clearly describing the need for the delegation, the business requirements and any relevant changes to policies or procedures.

3.8  The Policy Sponsor considers the proposal and either endorses the delegation or recommends a different course of action to fulfil the business need.

a)  If the Policy Sponsor endorses the new delegation, the Requestor will submit to the Policy Officer:

• a marked up draft of the Human Resources Sub-Delegations Register which clearly shows the amendments;
• a summary of the rationale and/or business need for the new delegation,
• a summary of consultation undertaken
• confirmation of the Sponsor’s endorsement; and
• any other relevant documents, (Minutes of Committee meetings, amended policies or procedures etc.)

b)  If the Policy Sponsor does not endorse the new delegation, no further action is required under this Procedure.

3.9  The Policy Officer will undertake a quality review of the submitted documents and forward to the Vice Chancellor for approval.

3.10 If the Vice Chancellor approves the new delegation:

• The Policy Officer will update and publish the Human Resources Sub-Delegations Register and advise the Requestor when this is done
• The Requestor will inform the relevant stakeholders.

4.  Amend an existing Delegation

4.1  Establish the requirement to amend an existing Delegation.  To ensure the proposed amended Delegation is held at the most appropriate position, due consideration must be given to the principles outlined in the JCU Delegations Policy.

4.2  In consultation with the Policy Officer, determine whether the required amendment to the existing Delegation is a Major Amendment or a Minor Amendment.

4.3  Request the current version of the Human Resources Sub-Delegations Register from the Policy Officer to ensure that amendments are made to the correct document.

4.4  Minor Amendment:

• Consult with key stakeholders and the Policy Officer.
• Present a proposal for a minor amendment to the Policy Sponsor for consideration. The proposal must outline the rationale and/or the business need for the amendment, summarise the consultations undertaken and include the draft Human Resources Sub-Delegations Register with the amendments clearly marked up.
• Sponsor either approves the minor amendment or recommends a different course of action to fulfil the business need.
• If approved, the Requestor will submit a clearly marked up draft of the Human Resources Sub-Delegations Register to the Policy Officer along with confirmation of the Sponsor’s approval.
• The Policy Officer will update and publish the Human Resources Sub-Delegations Register and advise the Requestor when this is done.

4.5  Major Amendment/Disestablishment

• Consult with key stakeholders and the Policy Officer to develop a proposal to amend or disestablish an existing delegation.
• Present the proposal for the amendment/disestablishment to the Policy Sponsor for consideration, clearly describing the need for the amendment / disestablishment, the impact of the amendment/disestablishment and the business requirements.
• Ensure that any policies or procedures related to the delegation amendment/disestablishment are also amended and presented with the proposal.
• The Policy Sponsor considers the proposal and either endorses the amendment/disestablishment or recommends a different course of action to fulfil the business need.

a)  If the Policy Sponsor endorses the amendment/disestablishment, the Requestor will submit to the Policy Officer:

• a marked-up draft of the Human Resources Sub-Delegations Register which clearly shows the amendments/disestablished delegation;
• a summary of the rationale and/or business need for the amendment/disestablishment ;
• a summary of consultations undertaken;
• copies of any policies or procedures amended alongside the change to the delegations
• any other relevant documents; and
• confirmation of the Sponsor’s endorsement.

b)  If the Policy Sponsor does not endorse the amendment/disestablishment of the delegation, no further action is required under this Procedure.

• The Policy Officer will undertake a quality review of the submitted documents and forward to the Vice Chancellor for approval.
• If the Vice Chancellor approves the major amendment / disestablishment, the Policy Officer will update and publish the Human Resources Sub-Delegation Register and advise the Requestor when this is done.

4.6  The Requestor will inform their stakeholders when the changes to delegations, whether minor, major or disestablished, have been updated and published.  The Policy Sponsor is responsible for ensuring that changes to delegations are communicated and implemented effectively.

5. Communication and Implementation of Delegation Changes

5.1  Communicating changes to delegations is necessary to keep staff informed of delegations which affect them.  The information to be communicated, and the audience, will vary depending on the type of delegation and the change to be made.

5.2  Communication plans are required when:-

• A new delegation has been developed and approved
• Amendments to a delegation have been approved
• Disestablishment of a delegation has been approved

5.3  The communication plan must provide information which identifies:

• When the changes take effect (Implementation Date)
• Who is impacted directly or indirectly by the approved new, amended or disestablished delegation
• How the impacts will be addressed and the intended approach to communicate this information

5.4  The communication plan will be drafted by the Requestor, through the relevant Sponsor, and must be activated at an appropriate time after the Policy Officer advises the amendments to the Sub-Delegation Register have been published.

Related policy instruments

Human Resources Sub-Delegations Register

JCU Delegations Policy

JCU Delegations Schedule

JCU Policy and Delegations Responsibilities Map

Administration

Approval Details

Revision History