2022-02-08 Services & Organisation Committee Meeting Agenda

SERVICES & ORGANISATION COMMITTEE MEETING REPORT                                 8 FEBRUARY 2022


•      Survey Mapping & Infrastructure (Survey Mapping & Infrastructure Act 2003);and
•      TORUM Transport Operations (Road Use Management) Act 1995);
•      Waste Reduction & Recycling (Waste Reduction and Recycling Act 2011 & Waste
       Reduction and Recycling Regulation 2011).

The complete Delegations of Authority relating to the above list are provided at Attachment 3.
Council’s delegation of these powers remain unchanged from the previous year.

Previous Council Consideration

The majority of Council’s current delegations were adopted by Council at the Ordinary Meeting
held on the 17 September 2020.

Ordinary Meeting, 17 September 2020, Item 1, Page 9
That Council note the report by the Governance Officer to the Services & Organisation Committee
Meeting dated 8 September 2020 and adopt:
A.     New Delegations - Pursuant to section 257 of the Local Government Act 2009, to delegate
       the powers of the Local Government outlined in the Delegations of Authority provided at
       Attachment 1 to the Report, to the Chief Executive Officer of Council;
B.     Updated Delegations - Pursuant to section 257 of the Local Government Act 2009, to
       delegate the powers of the Local Government outlined in the Delegations of Authority
       provided at Attachment 2 the Report, to the Chief Executive Officer of Council; and
C.     Unchanged Delegations - Pursuant to section 257 of the Local Government Act 2009, to
       delegate the powers of the Local Government outlined in the Delegations of Authority
       provided at Attachment 3 to the Report, to the Chief Executive Officer of Council.

Finance
Nil.


Risks & Opportunities

Operationally, if delegations are not current or officers operate outside of their delegated authority,
relevant decisions made and action taken may be considered unauthorised and subject to legal
challenge. This may expose Council to the risk of unnecessary and expensive legal action by third
parties and subsequent reputational damage.

All of Council’s delegations contain the following conditions to manage the risk of Officers acting
beyond the appropriate delegated authority:

1.     The delegated officer must exercise this delegation in accordance with Council resolutions,
       policies, guidelines, procedures, industrial instruments and agreements.
2.     If the CEO on delegates any of these powers the delegated officer must exercise any
       delegated power in accordance with the scope and limitations of the subject officer’s letter of
       appointment and/or, position description, qualifications, technical knowledge and legislative
       requirements.
3.     In the event that there is a change to any Delegate Position as set out in the schedule of this
       instrument (Former Delegated Position) which is not then reflected in this Instrument:
       a.    for any Former Delegated Position that remains in existence and has been renamed,
             the reference in this Instrument to the Former Delegated Position will be read as a
             reference to the renamed position; and

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