(1) As a body corporate established by the Queensland University of Technology Act 1998, the University has a Seal (section 4, QUT Act). This Policy outlines the requirements for use of the QUT seal. (2) The QUT seal is used to authenticate documents issued in QUT's name. It is affixed to award parchments and may need to be affixed to deeds and other legal documentation, and occasionally to other ceremonial documents. (3) The Policy does not apply to documents such as contracts, agreements or memoranda of understanding where there is no requirement to affix a seal. These are executed by the appropriate signing delegate or authorised officer following usual contract signing procedures as specified in the Contracts and Legal Instruments Management Policy. (4) When 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 Register of Authorities and Delegations) by the Vice-President (Administration) and University Registrar and one of the following officers: the Chancellor, Vice-Chancellor and President, Provost/Senior Deputy Vice-Chancellor. Sufficient information should be provided to enable the Vice-President (Administration) and University Registrar to determine the appropriateness of executing the document under seal on behalf of QUT. (5) Award parchments are valid only when the seal is affixed. An award parchment must state that the document is ‘given under seal’ and signed by the authorised persons. Award parchments must be signed by the following two authorised persons: the Chancellor, plus the Vice-Chancellor and President or the Vice-President (Administration) and University Registrar on behalf of Council. The Vice-Chancellor and President is the designated alternative if the Chancellor is unavailable or due to other circumstances. These signatures can be reproduced by electronic means. (6) QUT Council may, if the circumstances warrant it, authorise an officer or person acting on behalf of QUT to sign specified classes of legal documents under a power of attorney. The authorisation is granted only where formal legal requirements necessitate this, for example, for transactions relating to interests in land. For this authority to be valid, the officer or person is appointed in a document executed by QUT under seal. The QUT seal is not required to be affixed to documents signed under power of attorney. (7) All appointments of attorneys for execution of legal documents must be recorded in the Register of Authorities and Delegations. (8) The signatories for deeds or other contracts, agreements or Memoranda of Understandings (MOUs) to which the seal is affixed are derived from the formal requirements set out in this Policy (Section 4 above). General responsibilities associated with negotiation, risk management, and management of legal obligations and performance once the document is executed, remain with the usual delegate or operational area. The Contracts and Legal Instruments Management Policy provides further details. (9) A register of award parchments issued by QUT under seal, including replacement and substitute award parchments (Academic Award Documents Policy) is maintained by Student Administration. (10) Records of other documents to which the seal is affixed are held in the corporate records system, QRecords. The Vice-President (Administration) and University Registrar maintains a register of documents to which the seal is affixed and reports annually to Council on the use of the QUT Seal. A register must also be maintained recording all documents executed under power of attorney. (11) 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 misconduct instruments. (12) Refer to Register of Authorities and Delegations (VC012, C035, C036, C037, C041, C135, C152, C172) (QUT staff access only).QUT Seal Policy
Section 1 - Purpose
Section 2 - Application
Section 3 - Roles and Responsibilities
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Section 4 - Execution of Documents to which the Seal is Affixed
Section 5 - Award Parchments
Section 6 - Power of Attorney for Execution of Certain Legal Documents
Section 7 - Responsibilities for Management of Obligations
Section 8 - Recordkeeping and Reporting
Section 9 - Misuse of the QUT Seal
Section 10 - Definitions
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Term
Definition
Award Parchment
Is an official document issued to an individual who has completed the requirements of an award course. For further details refer to the Academic Award Documents Policy and the Award Courses Policy.
Deed
Means a formal legal instrument under which a promise is given to meet an obligation to do or to refrain from doing something. There are formal execution requirements. Unlike a normal contract or agreement, deeds do not require consideration (that is, money or another benefit provided in return for a legally binding promise) to be enforceable.
Section 11 - Delegations
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Position
Responsibility
Vice-Chancellor and President
Authorises the seal to be affixed to a document if the matter is of formal or special ceremonial significance to the University, including strategic or diplomatic agreements or memoranda of understanding with major institutions (even if such a document has no legal force).
Vice-President (Administration) and University Registrar
Affixes the seal to:
Makes appropriate arrangements for the safe custody of the QUT seal.
Reports to QUT Council annually on the use of the QUT seal (other than on award parchments) including execution of legal documents under power of attorney.