|
|
|
|
|
|
A/1.4 QUT seal |
||||||||||||||||||||||||||||
1.4.1 Use of the QUT seal 1.4.1 Use of the QUT sealAs a body corporate established by the Queensland University of Technology Act 1998 (the QUT Act), the University has a seal as an identifier of its status as a body corporate. The QUT seal is used to authenticate documents issued in QUT's name. It is most commonly affixed to award parchments, but is also affixed to deeds, and occasionally to other contracts, agreements or memoranda of understanding. Award parchments are valid only when the seal is affixed. To ensure that deeds are legally enforceable, they must be executed by QUT under seal in accordance with the specific requirements of this policy or signed by an attorney appointed in a document which is executed by QUT under seal (refer A/1.4.7 below). In other cases, provided there is no legal requirement to affix the seal, documents such as contracts, agreements or memoranda of understanding are valid according to their terms when signed by the appropriate delegate or authorised officer. Requirements associated with the use of the QUT seal are outlined in this policy. 1.4.2 General authority to affix the sealQUT Council must authorise for the QUT seal to be affixed to documents. As a matter of general policy, QUT Council has authorised the Registrar to affix the seal to:
1.4.3 Circumstances in which the Vice-Chancellor may authorise the affixing of the sealThere may be other occasions when the affixing of the seal is warranted or required, and although these circumstances will be rare, QUT Council has delegated responsibility to the Vice-Chancellor to authorise the affixing of the seal in cases other than those specified in A/1.4.2 above. In general, the Vice-Chancellor may authorise for the seal to be affixed to a document if the matter is formal or of special significance to the University, including strategic or diplomatic agreements with major institutions. The Vice-Chancellor may, for example, authorise the affixing of the seal to a major memorandum of understanding, despite the fact that such a document has no legal force (for further explanation on MOUs, see MOPP G/6.1 ).1.4.4 Safe custody of the sealThe Registrar is responsible for making appropriate arrangements for the safe custody of the QUT seal. 1.4.5 Execution of documents to which the seal is affixedWhen the QUT seal is affixed to a document other than an award parchment, it must be signed (irrespective of the usual delegation which may apply in the Schedule of Authorities and Delegations) by the Registrar and one of the following officers: the Chancellor, Vice-Chancellor, Deputy Vice-Chancellor (Academic). In this case, sufficient information should be provided to the Registrar to enable that officer to determine the appropriateness of executing the document under seal on behalf of QUT (see 1.4.8 below). 1.4.6 Award parchmentsDegrees, diplomas and certificates are conferred by the Registrar on delegated authority from University Academic Board under the authority of Student Rule 45(3). An award parchment must state that the document is “given under seal” and the seal must be affixed. Parchments must be signed by the Chancellor, Vice-Chancellor and Registrar, though QUT Council has authorised for the signatures to be reproduced by electronic means. The Corporate Identity Manual specifies the format and presentation for award parchments. See also MOPP E/10.2 . 1.4.7 Power of attorney for execution of deedsUnder the QUT Act, QUT has the power to appoint agents and attorneys, and may therefore delegate its power to enter into deeds by appointing attorneys either generally or in relation to specific deeds. QUT Council may, if the circumstances warrant it, authorise a person or officer acting on behalf of QUT to sign deeds under a power of attorney in relation to specified classes of deeds. For this authority to be valid, the person or officer is appointed in a document executed by QUT under seal. All appointments of attorneys for execution of deeds must be recorded in the Schedule of Authorities and Delegations. 1.4.8 Responsibilities for management of obligationsThe signatories for deeds or other contracts, agreement or MOUs executed under seal are derived from the formal requirements set out in this policy. General responsibilities associated with negotiation, risk management, and management of obligations and performance once the document is executed, remain with the usual delegate or operational area (dependent on the subject matter). For further details, see policy on management of contracts and MOUs (MOPP G/6.1 ) and the Schedule of Authorities and Delegations. 1.4.9 RecordkeepingA register of award parchments issued by QUT under seal (including substitute and replacement certificates – see MOPP E/10.2 ) is maintained by Student Business Services Department. Records of other documents issued under seal are maintained by Records Management Services. 1.4.10 Reporting to CouncilThe Registrar reports to QUT Council annually on the use of the QUT seal (other than for award parchments) and on the execution of deeds under power of attorney. 1.4.11 Misuse of the QUT sealExcept as permitted by this policy, staff or students must not affix, or attempt or purport to affix the QUT seal to any document. Unauthorised, attempted or purported use of the QUT seal, or use or purported use of a seal which so nearly resembles the QUT seal as to be likely to deceive, may constitute misconduct by a student or staff member, and may be dealt with under relevant instruments (in the case of a student, QUT Student Code of Conduct (E/2.1) or, in the case of staff, the relevant industrial agreement or misconduct policy - see MOPP B/8.5). Related DocumentsMOPP E/10.2 Award parchments MOPP G/6.1 Policy on management of contracts and MOUs MOPP Appendix 3 – Schedule of Authorities and Delegations Modification History
|
