Procedure overview
- 1 Purpose
- 2 Scope
- 3 Procedure Overview
- 4 Procedures
- 5 References
- 6 Schedules
- 7 Procedure Information
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.
This Procedure aligns with the:
- National Code of Practice for Providers of Education and Training to Overseas Students (2018): Standard 5: Younger Overseas Students
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 Academic Registrar and Director (Student Administration).
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 by email to:
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:
4.3 Processing and recording Authority to Act
All Authority to Act will be processed by the University 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 Administration 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:
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
| Accountable Officer | Associate Provost |
| Responsible Officer | Deputy Academic Registrar and Director (Student Administration) |
| Policy Type | University Procedure |
| Policy Suite | |
| Subordinate Schedules | |
| Approved Date | 10/8/2023 |
| Effective Date | 10/8/2023 |
| Review Date | 3/10/2029 |
| Relevant Legislation | Education Services for Overseas Students Act 2000 Education Services for Overseas Students Regulations 2001 Guardianship and Administration Act 2000 Higher Education Support Act 2003 |
| Policy Exceptions | |
| Related Policies | Fraud and Corruption Management Policy Handling Personal Student Information Policy and Procedure Public Interest Disclosure Policy Records and Information Management Policy Student Expectations and Responsibilities Policy Student General Conduct Policy Student Grievance Resolution Policy |
| Related Procedures | Higher Degree by Research Student Admissions and Enrolments Procedure |
| Related forms, publications and websites | Applying the Legislation - Evidence of Authority and Identity Australian Law Reform Commission Elite Athlete Registration Form For Your information: Australian Privacy Law and Practice (ALRC Report) Head Start Program Application Form |
| Definitions | Terms defined in the Definitions Dictionary |
| 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. 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. An Assignment is a non-invigilated Assessment Item that is completed by Students (individually or in a group) as a component of independent study within a Course. An Assignment builds on the development of knowledge and skills acquired during directed study, such as lectures and tutorials....moreAn Assignment is a non-invigilated Assessment Item that is completed by Students (individually or in a group) as a component of independent study within a Course. An Assignment builds on the development of knowledge and skills acquired during directed study, such as lectures and tutorials. 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. 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. 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. A Complaint is an “expression of dissatisfaction made to or about the University, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required”....moreA Complaint is an “expression of dissatisfaction made to or about the University, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required”. 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. A person employed by the University and whose conditions of employment are covered by the 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 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. 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. 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. 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. 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. A person who is enrolled in a UniSQ Upskill Course or who is admitted to an Award Program or Non-Award Program offered by the University and is: currently enrolled in one or more Courses or study units; or not currently enrolled but is on an approved Leave of Absence or whose admission has not been cancelled....moreA person who is enrolled in a UniSQ Upskill Course or who is admitted to an Award Program or Non-Award Program offered by the University and is: currently enrolled in one or more Courses or study units; or not currently enrolled but is on an approved Leave of Absence or whose admission has not been cancelled. The term 'University' or 'UniSQ' means the University of Southern Queensland....moreThe term 'University' or 'UniSQ' 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 |