Introduction
This policy outlines the framework under which the Board of Skills Insight may delegate its responsibilities. Delegations of authority serve as the means through which Skills Insight enables its officers to act on behalf of the organisation.
This policy has been established on the foundation of Skills Insight values, behaviours and strategies and all actions must be consistent with them. In the event of any conflict between this policy and the values, behaviours and strategies of Skills Insight, we request that you promptly notify the CEO for resolution.
Purpose
The Delegations Policy aims to establish a structured framework for delegating authority within Skills Insight. This framework enhances operational efficiency, accountability, and effectiveness among the staff and volunteers. The policy applies to all Board members, staff, and volunteers who hold delegated authority to act and sign documents on behalf of Skills Insight.
Delegations are a key element in effective governance and management of Skills Insight and provide formal authority to particular staff and volunteers to commit the organisation and/or incur liabilities for the organisation.
Delegations within Skills Insight are designed to achieve the following objectives:
Policy
The Board of Skills Insight bears the responsibility for the organisation’s management. As per the corporations Act 2001 Australia and regulation under the Australian Charities and Not for Profit Commission) ACNC and Skills Insight’s constitution, the Board possesses the authority to delegate its functions, except for the power of delegation itself and functions reserved exclusively to the Board under the Act.
Skills Insight Constitution
- Responsibility and Powers
45.1 The Board is responsible for both the governance and management of the company.
45.2 The Board must by regulation* delegate the management of the company to the Chief Executive Officer.
45.3 The Board may exercise all powers of the company on its behalf.
45.4 The Board may delegate its powers as it considers appropriate.
45.5 No delegation by the Board under this clause limits the duties and liability of each Director
However, the Board cannot delegate its power:
- To adopt Skills Insight’s strategic plan
- To adopt Skills Insight’s annual budget
The board delegates to the CEO the responsibility of:
- Promoting the interests and development of Skills Insight
- Managing the administrative, financial, and other business aspects of Skills Insight
- Exercising general supervision over the organisation’s staff and volunteers
The CEO may, with Board approval, usually via an organisational chart and organisational policies, delegate any function, power, or duty vested in them under this policy to staff members, individuals, or committees while adhering to the guidelines specified in this policy.
Responsibilities
The Secretary must maintain records of any delegations to members of the Board and of the terms of reference of any sub-committees of the Board.
Processes
- The overarching delegation’s policy applies to Skills Insight as a whole,
- Delegations are to be exercised within the framework of the Act, regulations, rules, policies, and any external legislative requirements.
- Any delegation may be made subject to any conditions and limitations as the Board shall approve.
Delegation Procedures
Delegations to members of the Board:
Delegations to members of the Board shall be made by resolution of the Board and recorded in the minutes of the Board.
Delegations to sub-committees of the Board:
Delegations to sub-committees of the Board shall be made by resolution of the Board and recorded in the terms of reference of the sub-committee.
Delegations to the Chief Executive Officer:
Delegations to the Chief Executive Officer and through the CEO to members of the staff of Skills Insight shall be made by resolution of the Board and recorded in the Delegation Schedules approved by the Board.
- Delegations are attached to the position occupied, not to the occupant of the position. The responsibilities of a position appear in a duty statement, role statement or statement of responsibility appropriate to the position.
- Delegations reflect Skills Insight’s organisational structure. Levels of authority are hierarchical through relevant lines of responsibility up to and including the CEO. This means that formal authorities held by any delegate are included in those held by that delegate’s supervisor or line manager. A delegate who sub-delegates authority remains responsible and accountable for the decision or action.
- The CEO may at any time vary or terminate any delegation, subject to confirmation by the Board at its next meeting.
- A delegation cannot be exercised where the officer holding the delegation has a conflict of interest or where the delegation will result, either directly or indirectly, in any tangible benefit to the delegate. In such cases, a transfer of the function to another appropriate position must be arranged with the CEO.
- Sub-delegation on a temporary basis is appropriate in circumstances where the officer normally responsible is absent for a period of less than two weeks by reason of authorized leave or secondment to other duties.
- This policy applies only to formal delegations. All delegations of an informal nature where no commitment or liability is incurred on behalf of Skills Insight are carried out in the normal business of the organisation without the requirement for a written authority.
- Where an employee is acting in a higher position, that person will hold the delegation level appropriate to the higher position unless otherwise determined by the CEO.
- A separate Financial Delegation schedule will be used whilst this policy provides for all other delegations.
- The Board will, on advice from the CEO, approve the Delegations Schedule on an annual basis.
Feedback and Amendments
Organisations change over time, and as a result, their policies must also adapt accordingly. If you identify any aspect of this policy that requires adjustment or updating, please reach out to the Executive who will follow a policy review process as endorsed by the CEO.
Related Documents
This policy is to be read in conjunction with other relevant policies, including:
- Financial Delegations Policy
- Audit and Risk Charter
- Credit Card Policy
- Procurement Policy
Delegations Schedule
Activity | Delegation | Limit/Conditions | |
To hire the CEO, contents of CEO contract | Board | After recommendations considered from the nominations committee. After board decision, Chair to sign CEO contract. (Note DEWR approval of CEO appointment required) | |
JSC main contract | Board | After board decision, Chair to sign JSC contract, or director nominated by the board | |
Contract staff, except the CEO | CEO | Recruitment and hiring to be consistent with relevant policies | |
Contract of staff outside of remuneration policy | Board | ||
Authority to procure | CEO, or as delegated by CEO to executive/senior manager | Procurement consistent with procurement policy and financial delegation policy. Generally, only as per board approved budget | |
Approval of company membership applications (Industry and Associate, not for corporate members) | Board | Subject to valid membership applications. applicants that pose a risk to the organisation, via board approval | |
Approve annual operations and capital budgets, budgets principles and any amendments | Board | The annual budget prepared by the CEO and approved by the Board. Revisions, where required are brought before the board for approval | |
Approve the format of financial management reports to be submitted to the board | Board | ||
Receive and adopt financial management reports | Board | At every scheduled meeting of the board (4 per year) | |
Payment of not-contracted operating expenses outside of budget | Board | Any amounts that will materially impact the overall budget outcome including the budget being exceeded | |
Approval to enter into contracts for services that result in a related party transaction | Board | For contract amounts above $10,000 | |
Write off bad debt | For debt over $1,000 with the CEO to assess capacity to pay/retrieve or make reasonable effort to recover debt and make recommendation to board | ||
Open or close Bank Accounts (other than internal accounts) | Board | ||
Appoint auditor | Members |