Governance > Board Policies > Delegations Policy & Procedure
Under review by Board of Management and Far Committee
Procedure authorised by Chief Executive Officer
Date of approval: 10 December 2021
Review date: 10 December 2022
Policy statement
This policy sets out the circumstances under which the Board may delegate its responsibilities.
Delegations of authority are the mechanisms by which Kyeema Support Services enables officers of Kyeema to act on behalf of the organisation.
This policy supports Kyeema Support Services to apply Standard 2: Governance and Operational Management of the NDIS Practice Standards.
Scope
The policy applies to all members of the Board and the staff and volunteers of Kyeema who have delegated authority to act and sign documents on behalf of Kyeema.
Related legislation and policy
National Standards for Disability Services
NDIS Practice Standards
Incorporations Act
Purpose
The purpose of the Delegations Policy is to establish a framework for delegating authority within Kyeema in a manner that facilitates efficiency and effectiveness and increases the accountability of staff and volunteers for their performance.
Delegations of authority within Kyeema are intended to achieve four objectives:
1. to ensure the efficiency and effectiveness of the organisation's administrative processes;
2. to ensure that the appropriate officers have been provided with the level of authority necessary to discharge their responsibilities; and
3. to ensure that delegated authority is exercised by the most appropriate and best-informed individuals within the organisation; and
4. to ensure internal controls are effective.
Delegations are a key element in effective governance and management of Kyeema and provide formal authority to particular staff and volunteers to commit the organisation and/or incur liabilities for the organisation.
POLICY
The Board of Kyeema is responsible for the management of the organisation.
Under the Incorporations Act Kyeema’s Board can delegate any of its functions except:
(a) the power of delegation and
(b) any functions reserved to the Board under Kyeema’s Rules.
The Board may delegate its functions to:
•A member or members of the Board; and
•A sub-committee of the Board; and
•The Chief Executive Officer and through the CEO to members of the staff of the organisation.
However, the Board may not delegate its power:
•to adopt the organisation’s strategic plan; or
•to adopt the organisation’s business plan; or
•to adopt the organisation’s annual budget.
The CEO:
(a) is charged with the duty of promoting the interests and furthering the development of Kyeema; and
(b) is responsible for the administrative, financial, and other business of Kyeema; and
(c) exercises a general supervision over the staff and volunteers of Kyeema.
The CEO may seek the approval of the Board to delegate any function or any power or duty conferred or imposed upon them, subject to this delegations policy, to any member of the staff of the organisation, or any person or persons, or any committee of persons.
Kyeema is committed to the highest standards of integrity, fairness and ethical conduct, including full compliance with all relevant legal requirements, and in turn requires that all its Board members, officers (including its Chief Executive Officer), managers, employees, volunteers and contractors acting on its behalf meet those same standards of integrity, fairness and ethical behaviour, including compliance with all legal requirements.
There is no circumstance under which it is acceptable for Kyeema or any of its employees or contractors to knowingly and deliberately not comply with the law or to act unethically in the course of performing or advancing Kyeema’s business.
Responsibilities
Records must be maintained of any delegations to members of the Board and of the terms of reference of any sub-committees of the Board.
The CEO must prepare delegation schedules within the framework of the Delegations Policy for approval by the Board.
Record Keeping
Delegations Register: k\drive\admin\corporate information Kyeema
PROCEDURE
This procedure explains how Kyeema will implement the Delegations Policy.
Processes
The overarching delegations policy applies to Kyeema as a whole, and units within the organisation must align their delegations policies with the central policy.
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.
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 Kyeema 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 (refer to Delegations Register), 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 Kyeema’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, 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.
Permanent changes to delegations, either permissive or restrictive, require a written authority from the CEO. The CEO must approve any major variation to the standard delegations.
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 authorised 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 Kyeema 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 financial delegation can be exercised only within the approved line item budget.
A staffing delegation cannot be exercised in regard to staff for whom the delegate does not hold line management responsibility.
Separate Delegations Schedules shall be prepared for Financial Delegations and for Human Resources Delegations. The schedule will provide reports by function, by position profile and by administrative area.
Special care must be taken to retain currency of the Delegations Schedules when delegated authorities are redistributed, a position is reclassified, or a business unit is restructured in ways that affect position profiles.
The Delegations Register will be accessible to all staff.
Review
The Board will, on advice from the CEO, approve the Delegations Register on an annual basis.
Record Keeping
Delegations Register: k\drive\admin\corporate information Kyeema
Related
Documents
Financial Controls Policy and Procedure