A/1.4 QUT seal

Policy Owner	Director, Governance, Legal and Performance
Approval Date	16/04/2020
Approval Authority	Council
Date of Next Review	30/04/2023

1.4.1 Purpose
1.4.2 Application
1.4.3 Roles and responsibilities
1.4.4 Execution of documents to which the seal is affixed
1.4.5 Award parchments
1.4.6 Power of attorney for execution of certain legal documents
1.4.7 Responsibilities for management of obligations
1.4.8 Recordkeeping and reporting
1.4.9 Misuse of the QUT seal
1.4.10 Definitions
1.4.11 Delegations
Related Documents
Modification History

1.4.1 Purpose

As a body corporate established by the Queensland University of Technology Act 1998 (the QUT Act), the University has a seal (section 4, QUT Act). This policy outlines the requirements for use of the QUT seal.

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1.4.2 Application

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.

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 Management of contracts, deeds and memoranda of understanding policy (A/1.6).

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1.4.3 Roles and responsibilities

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: award parchments issued in respect of a degree, diploma or other formal academic qualification to which a person has been admitted a deed to which QUT is a party (where execution under seal is required for legal validity and there is no power of attorney in place) other legal documentation required to be executed under seal (for example, grant of power of attorney, land transactions not covered by a power of attorney) 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

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:
- award parchments issued in respect of a degree, diploma or other formal academic qualification to which a person has been admitted
- a deed to which QUT is a party (where execution under seal is required for legal validity and there is no power of attorney in place)
- other legal documentation required to be executed under seal (for example, grant of power of attorney, land transactions not covered by a power of attorney)
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

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1.4.4 Execution of documents to which the seal is affixed

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 Schedule 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. 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.

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1.4.5 Award parchments

Award parchments are valid only when the seal is affixed. 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 President and Vice-President (Administration) and University Registrar. These signatures can be reproduced by electronic means.

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1.4.6 Power of attorney for execution of certain legal documents

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.

All appointments of attorneys for execution of legal documents must be recorded in the Schedule of Authorities and Delegations.

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1.4.7 Responsibilities for management of obligations

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 (A/1.4.4). 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 policy, Management of contracts, deeds and memoranda of understanding (A/1.6) provides further details.

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1.4.8 Recordkeeping and reporting

A register of award parchments issued by QUT under seal, including replacement and substitute award parchments (E/10.2) is maintained by Student Administration.

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.

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1.4.9 Misuse of the QUT seal

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.

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1.4.10 Definitions

Award parchment is an official document issued to an individual who has completed the requirements of an award course. For further details refer to Official academic award documents (E/10.2) and the Courses and awards (C/3.1) policies.

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.

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1.4.11 Delegations

Refer to Register of Authorities and Delegations (VC012, C035, C036, C037, C041, C152, C172) (QUT staff access only).

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Modification History

Date	Sections	Source	Details
16.04.20	All	Council	Periodic review - policy revised to address formal legal requirements associated with execution of deeds under seal
04.05.17	All	Council	Periodic review – policy simplified
20.04.11	All	Council	Policy revised to clarify execution of documents under the QUT seal
26.08.09	All	Council	Revised policy
13.06.06	A/1.4.6	Student Business Services Department	Editorial amendment consistent with delegation of authority from University Academic Board to the Registrar to confer awards
20.04.05	All	Council	New policy, issued as a result of repeal of Council Procedure 5 - The QUT Seal

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