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Student Authority to Act Procedure

Procedure overview

1 Purpose

To establish the process and responsibilities for managing Authority to Act at the University.

2 Scope

This procedure applies to Students.

Exclusions:

This procedure does not apply to Authority to Act on behalf of Employees in relation to employment matters.

3 Procedure Overview

This procedure establishes the process and responsibilities with regard to acknowledging, managing and revoking an Authority to Act.

4 Procedures

4.1 Types of Authority to Act

A Student may give an Authority to Act to another person and/or entity in relation to one or more of the following types of matters:

  • access to and changing of personal records;
  • access to academic records;
  • access to Enrolment information;
  • financial transactions;
  • lodging of Appeals;
  • making a Complaint;
  • requesting a review of Decision;
  • to receive and respond to communications from the University;
  • other business matters not specified.

An Authority to Act cannot be acknowledged in relation to academic or research matters; e.g. undertaking Formal Examinations or completing Assignments or undertaking research on behalf of another person.

With the exception of incarcerated Students, normally an Authority to Act is only acknowledged for a single person and/or entity. Additional Authority to Act powers may, however, be acknowledged in certain circumstances at the discretion of the Deputy Vice-Chancellor (Students and Communities).

Applicants who apply through the Queensland Tertiary Admissions Centre (QTAC) may provide permission for an Authority to Act via the QTAC website that will remain in place up to and until the time that the Student becomes enrolled in their program.

Where relevant, the University may provide information to commonwealth and state government departments, agencies and their authorised agents or contracted service providers in accordance with the Privacy Policy.

4.2 Acknowledging an Authority to Act

4.2.1 Automatic Authority to Act of Authorised Representative

An Authority to Act will be automatically acknowledged for an identified Authorised Representative where existing arrangements with a Student or legislative requirements exist. The process for identifying and automatically acknowledging an official permission to an Authorised Representative on behalf of a Student is provided in the Student Authority to Act Schedule.

4.2.2 Authority to Act acknowledged through an existing legal instrument

In certain instances an Authority to Act on behalf of a Student may be acknowledged for another person and/or entity through an existing legal instrument such as an enduring power of attorney, a support person or guide assisting a person with a temporary or permanent incapacity or disability. If such an Authority to Act has been granted through an existing legal instrument, it is the responsibility of the person who holds the Authority to Act, or the person who is subject to the Authority to Act to make the University aware of the legal instrument that provides the Authority to Act. The person who makes the notification to the University must complete the Authority to Act Form and satisfy the identity requirements specified on the Authority to Act Form.

The completed Authority to Act form, an original or Certified Copy of the legal instrument and original or Certified Copies of the identity requirements are to be submitted to:

Email to usq.support@usq.edu.au

Or by mail to:

Associate Director (Student Support and Retention)
Division of Students and Communities
University of Southern Queensland
Toowoomba QLD 4350

Or in person to:

Student Support and Retention Reception
B Block, Toowoomba Campus
University of Southern Queensland

4.2.3 Nominate an Authority to Act

If a Student wishes to nominate a person or entity to be acknowledged as having an Authority to Act on their behalf, the Student and the identified party must complete the Authority to Act Form clearly stating the matters for which the Authority to Act is granted and the duration of the authority. Both parties must also satisfy the identity requirements as set out on the form.

The completed Authority to Act Form and original or Certified Copies of the identity requirements are to be submitted by:

Email to usq.support@usq.edu.au

Or by mail to:

Associate Director (Student Support and Retention)
Division of Students and Communities
University of Southern Queensland
Toowoomba QLD 4350

Or in person to:

Student Support and Retention Reception
B Block, Toowoomba Campus
University of Southern Queensland

4.3 Processing and recording Authority to Act

Authority to Act for Official Sponsors will be processed by either the Domestic Recruitment and Admissions Office or the USQ International Office and recorded in the University's official record keeping system.

Authority to Act for incarcerated Students will be processed by the Domestic Recruitment and Admissions Office at the time of application, or by the Student Support and Retention Office after the commencement of the Student's program and recorded in the University's official record keeping system.

Authority to Act for under 18 International Students will be processed by the USQ International Office and recorded in the University's official record keeping system.

Authority to Act for Students enrolled in the USQ Head Start program will be processed by the Domestic Recruitment and Admissions Office and recorded in the University's official record keeping system.

Authority to Act for registered elite athletes will be processed by the Student Support Coordinator and recorded in the University's official record keeping system.

Applications to nominate an Authority to Act, and Authority to Act granted through an existing legal instrument will be processed by Student Support and Retention and recorded in the University's official record keeping system. Such applications will only be processed if identity requirements can be satisfied.

4.4 Exercising an Authority to Act

A person and/or entity which has been acknowledged as having an Authority to Act is known as an Authorised Representative and may act on behalf of the person subject to the Authority to Act in relation to the matters for which the authority was granted only.

In all transactions with the University where the Authorised Representative is acting on behalf of a Student, identity requirements must be satisfied to the level as provided on the Authority to Act Form. If the University is not satisfied with the proof of identity provided by the Authorised Representative, the University will not allow the Authorised Representative to transact business until these identity requirements are met.

If the University suspects that fraudulent or corrupt activity is being undertaken or being planned to be undertaken by an Authorised Representative, the University will not allow the Authorised Representative to transact business and will report the matter to the appropriate authorities for investigation.

4.5 Revoking an Authority to Act

4.5.1 Automatic Authority to Act of Authorised Representative

Where an Authorised Representative has been automatically acknowledged as having an Authority to Act on behalf of a Student, the process for revoking that Authority to Act is provided in the Student Authority to Act Schedule.

4.5.2 Nominated Authority to Act

A nominated Authority to Act will remain in force until:

  • expiration of the duration of time specified on the approved Authority to Act Form; or
  • the person who granted the Authority to Act completes their business with the University; or
  • the person who granted the Authority to Act revokes the Authority to Act through the completion of the Revocation of Authority to Act Form and submission of appropriate identification requirements. The form and the identification requirements are processed by the University.

A Revocation of Authority to Act Form can by submitted by:

Email to: usq.support@usq.edu.au

Or by mail to:

Associate Director (Student Support and Retention)
Division of Students and Communities
University of Southern Queensland
Toowoomba QLD 4350

Or in person to:

Student Support and Retention Reception
B Block, Toowoomba Campus
University of Southern Queensland

4.5.3 Authority to Act given through an existing legal instrument

An Authority to Act given through an existing legal instrument will remain in place until:

  • the powers given through the legal instrument expire; or
  • the Authorised Representative or person subject to the Authority to Act completes their business with the University.

5 References

Nil.

6 Schedules

This procedure must be read in conjunction with its subordinate schedules as provided in the table below.

7 Procedure Information

Subordinate Schedules

Student Authority to Act Schedule

Accountable Officer

Deputy Vice-Chancellor (Students and Communities)

Policy Type

University Procedure

Approved Date

17/7/2015

Effective Date

20/7/2015

Review Date

20/7/2018

Relevant Legislation

Crime and Corruption Act 2001

Education Services for Overseas Students Act 2000

Education Services for Overseas Students Regulations 2001

Guardianship and Administration Act 2000

Higher Education Support Act 2003

Information Privacy Act 2009

Public Interest Disclosure Act 2010 (Qld)

Right to Information Act 2009

Related Policies

Code of Conduct Policy

Fraud Corruption and Control Management Policy and Procedure

Handling Personal Student Information Policy and Procedure

Privacy Policy

Public Interest Disclosure Policy and Procedure

Records Management Governance Policy and Procedure

Right to Information Policy

Student Code of Conduct Policy

Student Complaint and Appeal Policy

Student Expectations and Responsibilities Policy

Students with a Disability Policy and Procedure

Under 18 International Students Policy

Related Procedures

Admissions Procedure

Enrolment Procedure

Right to Information Procedure

Related forms, publications and websites

Applying the Legislation - Evidence of Authority and Identity

Australian Law Reform Commission

Authority to Act Form

Elite Athlete Registration Form

For Your information: Australian Privacy Law and Practice (ALRC Report)

Head Start Program Application Form

Incarcerated Student Consent Form

Revocation of Authority to Act Form

Definitions

Terms defined in the Definitions Dictionary

Appeal

A formal, written request made by a Student or Employee to a higher authority to have a Decision overturned....moreA formal, written request made by a Student or Employee to a higher authority to have a Decision overturned.

Applicant

A person who applies for any program or Course of study offered by the University whether the application is made through the Queensland Tertiary Admission Centre (QTAC) or directly to the University....moreA person who applies for any program or Course of study offered by the University whether the application is made through the Queensland Tertiary Admission Centre (QTAC) or directly to the University.

Assignment

Any Assessment Item in the Assessment Scheme for a Course excluding Formal Examination. Assignments may be formative or summative and can include a range of Assessment activities, including but not limited to reports, essays, tests, quizzes, projects, industry placements, practical tests, computer managed assessments etc....moreAny Assessment Item in the Assessment Scheme for a Course excluding Formal Examination. Assignments may be formative or summative and can include a range of Assessment activities, including but not limited to reports, essays, tests, quizzes, projects, industry placements, practical tests, computer managed assessments etc.

Authorised Representative

A representative who has been authorised to represent or act on behalf of a Student and acknowledged as such by the University in writing and in compliance with relevant University policy....moreA representative who has been authorised to represent or act on behalf of a Student and acknowledged as such by the University in writing and in compliance with relevant University policy.

Authority to Act

An Authority to Act is an official permission given by a person to another person and/or entity to act on certain matters, or granted to a person or entity to act on behalf of another person through an existing legal instrument for a certain period of time. An Authority to Act can be given in relation to all business transactions with the University, or extended in relation to certain matter...moreAn Authority to Act is an official permission given by a person to another person and/or entity to act on certain matters, or granted to a person or entity to act on behalf of another person through an existing legal instrument for a certain period of time.An Authority to Act can be given in relation to all business transactions with the University, or extended in relation to certain matters only.

Certified Copy

A 'Certified Copy' is a copy of an original document that has been authorised (or stamped) as being a true copy of the original by an authorised person....moreA 'Certified Copy' is a copy of an original document that has been authorised (or stamped) as being a true copy of the original by an authorised person.

Complaint

An expression of dissatisfaction made in relation to an action, Decision or omission within the responsibility and control of the University, a University Member or a Student, where a response or resolution process is expected wherever possible....moreAn expression of dissatisfaction made in relation to an action, Decision or omission within the responsibility and control of the University, a University Member or a Student, where a response or resolution process is expected wherever possible.

Domestic Student

A Student who is an Australian citizen, a New Zealand citizen, an Australian Permanent Resident or the holder of an Australian permanent humanitarian visa....moreA Student who is an Australian citizen, a New Zealand citizen, an Australian Permanent Resident or the holder of an Australian permanent humanitarian visa.

Employee

A person employed by the University and whose conditions of employment are covered by the USQ Enterprise Agreement and includes persons employed on a continuing, fixed term or casual basis. Employees also include senior Employees whose conditions of employment are covered by a written agreement or contract with the University....moreA person employed by the University and whose conditions of employment are covered by the USQ Enterprise Agreement and includes persons employed on a continuing, fixed term or casual basis. Employees also include senior Employees whose conditions of employment are covered by a written agreement or contract with the University.

Enrolment

The process of admitting Students to one or more Courses for the current Academic Year....moreThe process of admitting Students to one or more Courses for the current Academic Year.

Formal Examination

A Summative Assessment Item in the form of an Examination held during the Formal Examination Period....moreA Summative Assessment Item in the form of an Examination held during the Formal Examination Period.

International Student

A Student who is not an Australian citizen, a New Zealand citizen, an Australian Permanent Resident or the holder of an Australian permanent humanitarian visa....moreA Student who is not an Australian citizen, a New Zealand citizen, an Australian Permanent Resident or the holder of an Australian permanent humanitarian visa.

Official Sponsor

A third party or entity, located either within Australia or overseas, who has formally contracted with the University to accept debts on behalf of a Student, and therefore make payments and receive refunds on behalf of a Student....moreA third party or entity, located either within Australia or overseas, who has formally contracted with the University to accept debts on behalf of a Student, and therefore make payments and receive refunds on behalf of a Student.

Student

A person who has been Admitted or Enrolled at the University, but has not yet graduated from their Academic Program....moreA person who has been Admitted or Enrolled at the University, but has not yet graduated from their Academic Program.

University

The term 'University' or 'USQ' means the University of Southern Queensland....moreThe term 'University' or 'USQ' means the University of Southern Queensland.

Definitions that relate to this procedure only

Keywords

Authority to Act, release of personal information, Official Sponsor, incarcerated Student, Under 18 International Student, Head Start, elite athlete, power of attorney, legal guardian

Record No

14/2862PL

Failure to comply with this Policy or Policy Instrument may be considered as misconduct and the provisions of the relevant Policy or Procedure applied.

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