There are two main ways that delegation may be carried out – either expressly or as an implied delegation. Express delegation is where legislation provides a statutory procedure for the delegation of a specified person to exercise a power. Implied delegation or the ‘Carltona’ principle allows delegation of (normally) routine administrative tasks that are required in order for the delegating person or body to be able to carry out their/its role. In law, under express delegation the act of a delegate is not considered to be the act of the delegating authority. For implied delegation the act of the delegate is considered in law to be an act of the delegating authority. In accordance with administrative law you cannot delegate a delegation.
Academic Senate currently operates via a model of distributed participation in which it delegates many of its functions. For example, Academic Senate delegates authority to award grades to Faculty Assessment Committees; accountability for ensuring that the process is implemented in accord with policy follows from this. Delegations related to Academic Senate are based on a relationship between Senate and Council which is distinct from the management system.
Academic accountabilities are assigned to staff by decisions of Academic Senate relating to delegations. This means that the accountabilities are not established within CSU’s management structure and yet they are central to the roles and performance of academic staff. Policy relating to academic delegations has been established as follows:
Duty statements and the annual performance and compliance reports for Deans and Heads of Schools (and Associate Deans and Associate Heads of Schools) include a requirement that they are responsible for upholding and implementing CSU’s academic regulations and a report that they have ensured compliance with the academic regulations.
The Academic Secretary prepares, maintains and promulgates a listing of academic delegations under the Academic Regulations for the following positions:
Letters of appointment for all teaching academics clearly refer to accountabilities under the Academic Regulations and the duty to uphold the latter. Moreover, the standard letter of appointment for Course Coordinators, issued by Deans sets out clearly the accountabilities of the role.
The Schedule of Academic Delegations can be located here.