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The Board is the governing authority of the RACGP and has the power and functions given to it by the RACGP’s Constitution, the Corporations Act 2001 (Cth), and the Australian Charities and Not for profit Commission Act 2012 (Cth).
The Board has the power under clause 70 of the RACGP Constitution, subject to applicable legislation, this Constitution, and any direction given by the College in general meeting, to delegate any or all of its functions in relation to any class of matters, or in relation to any act or function of the RACGP.
The purpose of this policy is to outline those powers and functions, and their limitations that the Board authorises others to exercise. The Board remains ultimately accountable for activities under its authority.
The policy is intended to facilitate efficiency and effectiveness of administrative processes and to ensure that the officers of the organisation dealt with under this policy have been provided with the level of authority necessary to discharge their responsibilities.
The schedule to this policy is the Instrument of delegation.
This policy applies to all members of the Board and the CEO and the members and employees of the RACGP.
The following general principles apply to delegations:
Any breaches of the delegations granted by the Instrument must be reported immediately to the Company Secretary, along with the relevant General Manager and the CEO.
The Company Secretary must, as soon as practicable, report any breaches of the delegations granted by the Instrument to the Chair and the Chair of the Finance, Audit and Risk Committee.
6.1 Strategy and Governance
The Board is ultimately accountable for overall governance including setting the RACGP mission, vision, values and standards. As part of that role, the Board:
The Board is legally accountable for complying with a range of statutory and regulatory obligations under applicable legislation.
6.3 Financial Reporting and Financial Controls
The Board is legally accountable for:
6.4 Internal Controls and Risk Management
The Board is legally accountable for ensuring the maintenance of a sound system of internal control and risk management including:
6.5 Other Powers under the Constitution
The Board has a number of other powers and obligations under the Constitution including:
The Board has the power to approve all contracts. All Master Services Agreements must be approved by the Board irrespective of value. Refer Instrument of Delegation.
The Board has the power to approve the procedure for all external communications.
6.8 Board Governance
The Board has the power to:
6.10 Corporate Governance matters
The Board has the power to approve the RACGP’s strategic policies.
7.1 Strategy and management
The CEO is responsible for changes to the College’s line management structure.
7.3 Financial Reporting and Controls
The CEO is responsible for
7.4 Internal Controls – CEO, Public Officer and Company Secretary
The CEO is responsible for ensuring maintenance of a sound system of internal controls and risk management on the Board’s behalf, including:
The Public Officer is the RACGP’s representative to the Australian Taxation Office and is responsible for the company's obligations under section 252 of the Income Tax Assessment Act 1936 (C’th).
The Company Secretary is responsible for
The CEO is responsible for:
The CEO is responsible for managing external communications in accordance with the instrument.
The CEO is responsible for the appointment of staff and approval of staffing changes and associated HR functions such as workforce planning and staff appraisals, staff remuneration and compliance with the Enterprise Agreement.
The CEO is responsible for implementing and reporting on the effectiveness of the College’s operational policies and its main strategic policies promulgated by the Board.
To ensure the efficient operation of the RACGP, the Board delegates certain powers and functions to positions described in the Instrument of Delegation in the Schedule to this policy.
A delegation cannot be exercised where the Board member has a conflict of interest and exercise of the delegation will result, either directly or indirectly, in any tangible benefit to the Board member. In such circumstances, the relevant processes under the Constitution and relevant law will be followed.
Where the CEO has a conflict of interest as a result of the delegation, the CEO must nominate an appropriate staff member to exercise the delegation in his/her stead, in accordance with clause 9.
The CEO may, for the efficient management and proper operation of the RACGP, delegate in their sole discretion any of the individual responsibilities contained within the Instrument of Delegation to other appropriate employees. This further delegation of responsibilities does not release the Chief Executive Officer from overall responsibility to the Board.
The Board may make amendments to this policy at any time.
Responsible for approval of policy, granting, varying and reviewing delegations and reviewing compliance with delegations.
Must comply with the policy.
Must comply with the policy. Must exercise delegations within specified limits.
Must comply with the policy
Strategic policies promulgated by the Board to implement the Constitution.
Master Services Agreement
A head contract with a supplier of goods or services where:
A Master Services Agreement does not include the head contract known as “PayGP” or any successor system which performs substantially the same functions.
Non Board policies created by the business.
Pass Through Funding
Monies paid to the RACGP on condition that the RACGP disburse those monies at the direction of the originator of the funds.
Corporations Act 2001 (C’th)
Australian Charities and Not-for-profits Commission Act 2012 (C’th)
RACGP Conflicts of Interest Policy
This policy will be reviewed every two years from the last approval date. This policy supersedes the previous delegations policy, RACGP Delegations of Authority dated May 2018.
The Board of the RACGP delegates the powers and functions specified in Column 2 of the Table to the persons occupying the positions in Column 1 of the Table subject to the limitations identified in Column 3 of the Table. All delegations in this Table are subject to Clause 4 of this policy.
Function and Power
Chair of the Board (Chair)
Approval of CEO and Directors’ travel plans and expenses
Cannot approve the Chair’s own travel plans and expenses.
Approval of CEO leave and professional development
Approval of issue of RACGP credit card in name of the CEO and monthly approval of charges to the card
Approval and execution of contracts for the appointment of consultants to the Board up to $300,000 ex GST in value
Cannot approve any Master Services Agreement of any value
Chair of the Board, President and Vice-President Jointly
Endorsement of externally communicated position statements.
The Chair or President may further delegate this power and function in writing.
President and CEO Jointly
Approval of the content and delivery of external media communications
Decisions about conditions attached to and eligibility to sit exams
Decisions in relation to educational misconduct
Decisions must be made in accordance with the Educational misconduct policy.
A combination of any 2 of the following: Chair of the Board, President, Vice President or Chair of Finance, Audit and Risk Management Committee (FARM)
All Operating and Capital Expenditure items above $300,000 up to $1 million excluding GST
The exercise of the Directors’ delegation between Board meetings is subject to and fettered by any prior resolutions made by the Board. Where the 2 Directors exercise their delegation, they must inform the Board at the next Board meeting following the exercise of the delegation.
Commencement of litigation or settlement of legal claims above $30,000 excluding GST
Approval of expenditure and execution of contracts and deeds on any one item or committed amount per supplier with a value of above $300,000 up to $1 million excluding GST
Cannot approve any Master Services Agreement of any value.
Banking facilities – opening or closing of bank accounts.
Chair of Finance, Audit and Risk Management Committee
Approval of the Chair’s travel plans and expenses
Execute contracts on behalf of the organisation once approved by the Board
Execute contracts for the appointment of consultants to the Board up to $300,000 with the Chair’s written approval
Approval of any changes within the RACGP’s existing investment portfolio of less than a cumulative value of $1 million ex GST in any financial year
Subject to the parameters outlined within the Treasury and Investment Policy.
All powers necessary and convenient to carry out the CEO’s role as described in this policy
The CEO may further delegate any of these powers and functions in writing
Payment of employee entitlements
All Operating and Capital Expenditure items up to $300,000 excluding GST
Commencement of litigation or settlement of legal claims of $30,000 or less excluding GST following advice of the General Counsel
Approval of expenditure on any one item or committed amount per supplier with a value of $300,000 or below excluding GST
Approval of any debt write-offs of $100,000 or less excluding GST
Approval of acquisitions or disposals of major fixed assets with a value of $300,000 or less excluding GST
Approval of any contract generating revenue with a value of $5 million or less excluding GST where the RACGP does not incur expenditure in excess of $300,000 excluding GST
Roll over of existing investments of Short Term Placement Funds within established parameters set by the Treasury and Investment Policy of $30 million or less excluding GST in aggregate in any financial year
Employment and remuneration of staff
Approval of operational policies
Cannot approve own remuneration
Payment of pass through funding as authorised by contract or other instrument
Cannot terminate executive level staff without the Chair’s approval
Removal of banking facility authorisers other than Directors