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Authority to Act Policy

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Section 1 - Purpose

(1) This Policy sets out the principles around permitting and revoking the authority of another person and / or entity to act on behalf of students.

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Section 2 - Scope

(2) This Policy applies to current and prospective students.

(3) Unless there is a legal instrument in place, this Policy excludes matters dealt with under the following policies:

  1. Fitness to Study Policy
  2. Student Academic Integrity and Misconduct Policy
  3. Student Conduct Policy
  4. Student Fees Policy
  5. Student Sexual Misconduct Prevention and Response Policy
  6. Under 18 International Students Policy
  7. Under 18 International Students Procedure.
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Section 3 - Definitions

(4) Terms used in this Policy and associated procedures are consistent with the Glossary of Student and Course Terms. In the context of this Policy the following terms also apply:

Term
Definition
Authorised Representative
A representative who has been authorised to represent or act on behalf of a student and acknowledged as such by the University in writing and in compliance with relevant University policy.
Authority to Act
An Authority to Act is an official permission granted by ACU to a person or entity to act on certain matters on behalf of a student through an existing process or legal instrument for a defined period of time.
Incapacity
means that a student demonstrates an inability to perform certain tasks on a permanent or temporary basis.
Legal Instrument
Means a formal written document or process that sets out a contractual relationship, transaction, right and / or obligation.
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Section 4 - Principles

(5) Except for matters set out in clause (3) where a student is not permitted to appoint an Authorised Representative under this Policy, if ACU agrees to the request, and a student can demonstrate an Incapacity, the student may authorise an Authorised Representative to: 

  1. disclose to ACU information about the student or collect information from the student’s file, or amend the information held in the student’s file in accordance with the Privacy Policy, and the Access to and Correction of Personal Information Procedure; and / or
  2. respond to communications with the University; and / or
  3. act on their behalf in matters as specified by the student.

(6) A student may not normally appoint a current ACU student or ACU staff member as their Authorised Representative.

(7) Any Authorised Representative will be required to provide proof of identity as set out in the Authority to Act Procedure.

(8) Any Authority to Act must:

  1. be requested by completing the prescribed form;
  2. specify the matters that are being authorised;
  3. specify the reason for the incapacity; and
  4. specify the extent and time limit for the authority.

(9) Any Authority to Act may be in force for the agreed time limit which should be no more than the minimum duration of the student’s program of study for current students, or one year for prospective students, subject to approval by the Academic Registrar, and in accordance with the provisions set out in the Authority to Act Procedure.

(10) If an Authorised Representative requests information outside the scope of the Authority to Act, such a request must be handled under the Third Party Access to Personal Information Protocol.

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Section 5 - International Students

(11) A prospective student may nominate an International Migration / Education Agent to act on their behalf providing there is a current agent agreement between the agent and ACU in place as dealt with under the International Agent Policy.

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Section 6 - Revocation of Authority to Act

(12) Where an Authorised Representative has been acknowledged as having the Authority to Act on behalf of a student, the process for revoking that Authority to Act will be set out according to the provisions of Section 8 of the Authority to Act Procedure.

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Section 7 - Appeals and Complaints

(13) Appeals and complaints regarding decisions made under this Policy will be dealt with as follows:

  1. for current ACU students via the Student Appeals Policy.
  2. For prospective students via the Student Complaints Policy.