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2019-02-12 Attachment 1 to Item 5 - New Delegations

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                                                                  Services and Organisation Committee
                                                                  12 February 2019
                                                                  Att 1 to Item 5




 DELEGATION OF AUTHORITY
 TITLE:        INDUSTRIAL RELATIONS
 Delegation by the Council to:                                   Date:
 Chief Executive Officer

 Source of Authority:
 Local Government Act 2009 Section 257
 Industrial Relations Act 2016
 Industrial Relations Regulation 2018

Delegated Power:

1.     To exercise powers of the Council pursuant to the Industrial Relations Act 2016.

 DESCRIPTION OF POWER DELEGATED                                                      LEGISLATION
 Power, as the employer, to ask or require an employee to work additional hours      Section 23(2)
 if the hours are reasonable under section 26.
 Power, as the employer, to agree with an employee who is not covered by an          Section 25(1)
 applicable industrial instrument, to an averaging arrangement.
 Power, as the employer, to decide an employee’s request for flexible working        Sections 28(1)
 arrangements with or without conditions                                             and (2)
 Power, as the employer, to give written notice of the decision on an employee’s     Section 28(3)
 request for flexible working arrangements.
 Power, as the employer, to agree when an employee is to take annual leave.          Section 33(1)
 Power, as the employer, and where the employer and employee cannot agree            Section 33(3)
 when the employee is to take annual leave, to decide when the employee is to
 take the leave and give the applicable notice to the employee.
 Power, as the employer, to agree that an employee may take annual leave             Section 33(4)
 before becoming entitled to it.
 Power, as the employer, to agree to pay the employee for annual leave               Section 35(1)
 otherwise than in advance.
 Power, as the employer, to agree that an employee may cash out a particular         Section 37(2)
 amount of annual leave.
 Power, as the employer, to pay an employee for annual leave not taken on            Section 38(3)
 termination of employment.
 Power, as the employer, to agree to an employee taking additional unpaid            Section 42(4)
 carer’s leave.
 Power, as the employer, to agree to an employee who is a short term casual          Section 43(3)
 taking additional unpaid carer’s leave.
 Power, as the employer, to agree to an employee who is a long term casual           Section 44(3)
 taking additional unpaid carer’s leave
 Power, as the employer, to require an employee to give a doctor’s certificate or    Section 45(1)
 statutory declaration as evidence of the need to take carer’s leave for more than
 2 consecutive days.
 Power, as the employer, to require an employee to give a statutory declaration      Section 45(2)
 or evidence mentioned in section 45(3)(a) to (d) as evidence of the need to take
 carer’s leave to care for or support a person who has experienced domestic
 violence

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Full text of the other 17 sections

Section 2

DESCRIPTION OF POWER DELEGATED                                                      LEGISLATION
Power, as the employer, to require an employee to give a copy of a funeral          Section 49(1)
notice or other evidence as evidence of a death resulting in the taking of
bereavement leave.
Power, as the employer, to require an employee to give evidence to satisfy a        Section 49(2)
reasonable person that the employee was taking compassionate leave because
a member of the employee’s family or household’s life was threatened by
personal illness or personal injury.
Power, as the employer, to agree to an employee taking additional unpaid            Section 50
bereavement leave or compassionate leave.
Power, as the employer, to agree to an employee taking unpaid cultural leave        Section 51(2)
Power, as the employer, to agree to an employee taking additional unpaid            Section 52(5)
domestic and family violence leave.
Power, as the employer, and where an employee has claimed domestic and              Section 54(1)
family violence leave, to ask the employee for evidence that the employee has
experienced domestic violence and needs to take leave as a result
Power, as the employer, to inform the employee his/her entitlements and             Section 71(2)
obligations under chapter 2, part 3, division 8
Power, as the employer that has decided to implement significant change at a        Section 72
workplace, to advise employees on parental leave about the proposed change
before it is implemented and give each employee reasonable opportunity to
discuss any significant effect the change will have on the employee’s position
Power, as the employer, to agree to an employee entitled to parental leave          Section 73(2)
under subdivision 2, or who is taking parental leave, making more than 1
application under subsection (1) within a 12-month period in relation to a
particular instance of parental leave.
Power, as the employer, to agree to an employee on parental leave, making           Section 74(2)
more than 1 application under subsection (1) within a 12-month period.
Power, as the employer, to decide an application by an employee entitled to or      Section 76
taking parental leave to extend parental leave if the circumstances of section 73
exist, to discuss the application and to give written notice of that decision.
Power, as the employer, to decide an application by an employee on parental         Section 76
leave to return to work on a part-time basis pursuant to section 74, to discuss
the application and to give written notice of that decision.
Power, as the employer, to nominate a time for the employee to resume work.         Section 78(3)
Power, as the employer, to agree to an employee taking paid sick leave or other     Section 79(3)
paid leave whilst the employee is on unpaid parental leave.
Power, as the employer, to agree to an employee on parental leave performing        Section 80(1)(b)
work on a keeping in touch day.
Power, as the employer, to agree that an employee break the period of parental      Section 81
leave by returning to work.
Power, as the employer, to agree to an employee on parental leave shortening        Section 83
the period of leave.
Power, as the employer, to give notice to the employee of the day on which the      Section 84
employee must return to work and, if the employee returns to work, to cancel
the rest of the parental leave.
Power, as the employer of a female employee whose present work is, because          Section 89
of her pregnancy or breastfeeding, a risk to the health or safety of the employee
or her unborn or newborn child, to temporarily adjust the employee’s working
conditions or hours of work, or transfer the employee to other appropriate work.
Power, as the employer of a replacement employee, to give the replacement           Section 92(1)
employee written notice of the temporary nature of the employment and the
parent’s right to return to work.


                                                                                        Page 2 of 9

Section 3

DESCRIPTION OF POWER DELEGATED                                                       LEGISLATION
Power, as the employer, to agree when an employee is to take long service            Section 97(2)
leave.
Power, as the employer, and where the employer and employee cannot agree             Section 97(3)
when the employee is to take long service leave, to decide when the employee
is to take the leave and give the applicable notice to the employee.
Power, as the employer, where the employee is on long service leave and              Section 98(4)
where the ordinary rate is increased or reduced, to pay the employee at the
increased or reduced rate for the leave period to which the increased or
reduced rate applies.
Power, as the employer, to agree on when, and the way in which, the employee         Section 101
will be paid for long service leave
Power, as the employer, to agree in writing with the employee that the               Section 110(2)
employee be paid for all or part of an entitlement to long service leave instead
of taking the leave.
Power, as the employer, upon an employee’s death, to pay the employee’s              Section 111(2)
legal personal representative any amount payable for the employee’s
entitlement to long service leave that has not already been paid.
Power, as the employer, to ask an employee to work on a public holiday if the        Section 116(2)
request is reasonable.
Power, as the employer, to dismiss an employee if the circumstances of section       Section 121(1)
121(1) exist.
Power, as the employer who obtains other acceptable employment for the               Section 127(2)
employee or cannot pay the amount, to apply to the commission for an order
reducing the amount of the redundancy pay to a stated amount the commission
considers appropriate.
Power, as the employer, to give each employee before, or as soon as                  Section 129
practicable after, the employee starts working for the employer, the information
and documents required by section 129(1).
Power, as an employer, to apply to the commission to:-                               Section
(a) make a modern award; or                                                          147(2)(b)
(b) make an order varying a modern award.
Power, as an employer, to apply to the commission to make an order revoking a        Section
modern award.                                                                        150(3)(b)(iii)
Power, as a person to whom a modern award applies, to apply to the                   Section
commission to review the award.                                                      156(1)(b)(i)
Power, as an employer, to make a certified agreement with 1 or more employee         Section 165
organisations that represent, or are entitled to represent, Council’s employees,
or the employees of Council at the time the agreement is made.
Power, as an employer, to consent to the making of a bargaining award.               Section 167(a)
Power, as a proposer, to give a notice of intention to:-                             Section 169(2)
(a) the other proposed parties to the negotiations;
(b) if the negotiations relate to a project agreement—all relevant employee
organisations and the commission.
Power, as a recipient of a notice of intention where the negotiations:-              Section170(2)
(a) relate to a project agreement; or
(b) involve a multi-employer agreement,
to give written notice of Council’s intention to be a party to the negotiations to
the proposer and the commission.
Power, as the employer and where the circumstances of section 171(1) exist, to       Section 171(2)
take reasonable steps to ensure compliance with section 171(2).
Power, as the employer and where the circumstances of section 171(1) exist, to       Section 171(4)
give the relevant employee organisation a reasonable opportunity to represent
the employee as required by section 171(4).

                                                                                         Page 3 of 9

Section 4

DESCRIPTION OF POWER DELEGATED                                                        LEGISLATION
Power, as the employer and where the circumstances of section 172(1) exist, to        Section 172(2)
negotiate with the single bargaining unit.
Power, as negotiating party, to negotiate in good faith and do all things listed in   Section 173
subsections (2) and (3).
Power, as negotiating party, where the peace obligation period has ended, to          Section
ask the commission to help the parties reach an agreement                             175(1)(b)
Power, as one of the negotiating parties, to notify the commission that the           Section 175(2)
parties intend to resume negotiating without the commission’s help.
Power, as a negotiating party, to comply with an attendance notice and                Section 176(2)
negotiate on Council’s behalf at a conciliation conference.
Power, as one of the negotiating parties, to apply to the commission for              Section 178(1)
arbitration of the matter.
Power, as one of the negotiating parties, to agree matters with the other             Section 181(1)
negotiating parties before or during an arbitration of the matter.
Power, as a negotiating party, to agree with the other negotiating parties the        Section 183(1)
nominal expiry date for the arbitration determination.
Power, as a negotiating party, to apply to the commission for a scope order.          Section 184(1)
Power, as a party to an agreement, to apply to the commission to certify the          Section 189(1)
agreement.
Power, as a party to a proposed bargaining award, to apply to the commission          Section 190(2)
to:-
(a) make the bargaining award; and
(b) terminate the relevant modern award.
Power, as a person who will be covered by a proposed bargaining instrument,           Section 194
to take action that may be necessary to enable the commission to grant the
application, including participating in a conciliation on Council’s behalf.
Power, as a party to a proposed bargaining instrument, to sign it on Council’s        Section
behalf.                                                                               196(1)(b)
Power, as an employer in the circumstances set out in subsection (1), to apply        Section 213(3)
to the commission for a decision under subsection (3).
Power, as the employer, on or before the nominal expiry date of a bargaining          Section 223(1))
instrument, to, apply to the commission to extend the nominal expiry date.
Power, as an employer, to apply to the commission to amend a bargaining               Section 225(1)
instrument.
Power, as an approving party, to approve an amendment to a bargaining                 Section
instrument.                                                                           225(2)(a)(i)
Power, as a person to whom a bargaining instrument applies, to apply to the           Section 225(5)
commission to amend the instrument in one of the ways set out in subsection
(5) and to agree to any amendment.
Power, as a party to a bargaining award or a proposed new party to the award,         Section 226(2)
to, in the circumstances set out in subsection (1), apply to the commission to
amend the bargaining award so the award applies to the proposed new party.
Power, as the employer, on or before the nominal expiry date of a certified           Section 227(1)
agreement or arbitration determination, to apply to the commission to terminate
the agreement or determination.
Power, as the employer, after the nominal expiry date of a certified agreement        Section 228(1)
or arbitration determination, to apply to the commission to terminate the
agreement or determination.
Power, as the person who intends to terminate the agreement or determination          Section 228(2)
to give all other persons to whom the agreement or determination applies,
notice of the intention.



                                                                                         Page 4 of 9

Section 5

DESCRIPTION OF POWER DELEGATED                                                         LEGISLATION
Power, as a party to an agreement or determination that does not provide for           Section
the way it may be terminated, to agree to the agreement or determination being         228(3)(b)(i)
terminated.
Power, as a negotiating party for a proposed bargaining instrument, to take            Section 232
protected industrial action for the proposed instrument subject to the
requirements of Chapter 4, Part 8.
Power, as the employer intending to take the industrial action, to give notice of      Section 236
the intention to all of the negotiating parties for the proposed bargaining
instrument, either in writing or by taking other reasonable steps to notify
employees of the intended action.
Power, as the employer taking industrial action that is the lockout of an              Section 237(3)
employee, to refuse to pay the employee for the period of the lockout.
Power, as a negotiating party for a proposed bargaining instrument, to apply to        Section 240(1)
the commission for an order to suspend or terminate protected industrial action
for the proposed bargaining instrument being engaged in, or threatened to be
engaged in
Power, as a negotiating party for a proposed bargaining instrument, to apply to        Section 241(1)
the commission for an order to suspend or terminate protected industrial action
for the proposed bargaining instrument being engaged in, where the industrial
action has threatened, is threatening or would threaten;-
(a) to endanger the life, personal safety or health, or welfare of the State’s
population or part of it; or
(b) to cause significant damage to the State’s economy or an important part of
it.
Power, as the employer, to apply to the registrar for a certificate stating that the   Section 242(2)
employer need not negotiate with an employee organisation under chapter 4
because of a circumstance in section 171(5).
Power, as a party to a certified agreement or a bargaining award, to sign the          Section 250(3)
affidavit prepared pursuant to subsection (2) on behalf of Council.
Power, as a relevant party subject to a direction of the commission, to comply         Section 251(4)
with the direction on behalf of Council, including signing any affidavit required
under subsection (3).
Power, as a party to an industrial dispute, in the circumstances referred to in        Section 261(1)
subsection (1), to give the registrar written notice of the dispute.
Power, as a party directly involved in an industrial cause, to request the             Section 263(a)
registrar act as mediator in the cause.
Power, as a person served with an attendance notice, to attend the compulsory          Section 264(1)
conference and agree to measures which attempt to prevent or settle the
dispute.
Power, as a person the subject of an order, to prepare, file and sign an affidavit     Section 265(3)
under subsection (3)(c).
Power, as a person served with a show cause notice, to show cause to the full          Section 265(7)
bench at the stated time why Council should not be dealt with under section
266.
Power, as the employer, to pay or refuse to pay, an employee for a period when         Section 268(1)
the employee engages in a strike.
Power, as an employer against whom the strike was organised, engaged in or             Section 269(2)
threated, to make an application to the commission for an order for a
contravention of section 268.
Power, as a person who has been affected by a contravention of Chapter 8,              Section 309(1)
Part 1, to apply to the commission for the commission to deal with the dispute.
Power, as an applicant or an employer, to attend a conciliation conference at a        Section 312(2)
stated time and place and attempt to settle the matter on behalf of Council.

                                                                                           Page 5 of 9

Section 6

DESCRIPTION OF POWER DELEGATED                                                       LEGISLATION
Power, as an employer, to attend a conciliation conference at a stated time and      Section 318(2)
place and attempt to settle the matter on behalf of Council.
Power, as a party, to seek further conciliation, or settle the matter, at any time   Section 318(5)
before an order is made under section 321 or 322.
Power, as the employer that has decided to dismiss 15 or more employees for          Section 329(1)
economic, technological or structural reasons, to dismiss the employees if the
circumstances of section 329(1) apply and give the requisite notices.
Power, as the employer, to give each employee organisation the opportunity to        Section 330
consult on the ways listed in section 330(1).
Power, as the employer, to stand down an employee if the circumstances of            Section 333
section 333 apply
Power, as the employer, to apply to the commission for an authorised officer’s       Section 338(1)
authority under section 337 to be revoked or suspended
Power, as the employer, to keep a time and wages record for each industrial          Section 339(1)
instrument employee as required by section 339.
Power, as the employer and upon request by the employee, to give the                 Section 339(5)
employee a certificate stating the total hours recorded under section 339(1)(d)
for the employee, worked out to the previous 30 June.
Power, as the employer, to keep a time and wages record for each non-                Section 340(1)
industrial instrument employee as required by section 340.
Power, as the employer and upon request by the employee, to give the                 Section 340(5)
employee a certificate stating the total hours recorded under section 340(1)(d)
for the employee, worked out to the previous 30 June.
Power, as the employer, to keep an employee register as required by section          Section 341(1)
341.
Power, as the employer, when paying an employee wages, to give the                   Section 343(1)
employee a written statement as required by section 343(2).
Power, as the employer, when asked by the inspector to inspect, or for               Section 344(2)
electronic access to, the time and wages record, to comply with the request.
Power, as the employer, when asked by the registrar to inspect, or for electronic    Section 346(2)
access to, the time and wages record, to comply with the request
Power, as the employer, when directed by the registrar, to give the employee         Section 346(4)
register or index to a stated person, at a stated reasonable time and place.
Power, as the employer, to agree to an employee inspecting the time and              Section 347
wages record for that employee’s particulars, as permitted by section 347(2)(a)
and (b), and to give the particulars to the employee in writing.
Power, as the employer, to agree to an employee inspecting the time and              Section 347(2)
wages record:-
(a) more than once in any 12-month period; or
(b) outside the employer’s business hours; or
(c) during the employee’s working time.
Power, as the employer, to require an authorised officer to produce the officer’s    Section 348(2)
authorisation.
Power, as the employer, where an authorised officer fails to produce the             Section 348(5)
officer’s authorisation, to treat the office as a trespasser.
Power, as the employer, when asked by the authorised officer for an item in          Section 350
section 350(1), to comply with the request and to refuse to comply if the
circumstances of section 350(3) or 350(5) exist.
Power, as the employer, to keep an accurate written account of the amounts           Section 359(4)
received from the prime contractor, and of the way the amounts have been
disbursed or disposed of.



                                                                                        Page 6 of 9

Section 7

DESCRIPTION OF POWER DELEGATED                                                        LEGISLATION
Power, as the employer, to produce the account for inspection to an employee          Section 359(5)
in the circumstances set out in subsection (a) to (c) and allow the employee to
make a copy of the account.
Power, as a prime contractor served with an attachment notice, to keep from           Section 361(2)
the amounts payable, or to become payable, by the prime contractor to the
employer for the contracted work, an amount sufficient to satisfy:-
(a) the claim for wages stated in the notice; and
(b) all further claims for wages stated in notices of attachment served on the
prime contractor within 7 days after the service of the first notice.
Power, as a prime contractor served with an attachment notice, to pay the             Section 361(4)
amount to which the notice relates to a clerk of the Magistrates Court.
Power, as a prime contractor, to pay the amount stated in the relevant order to       Section 362(4)
the employee from the amounts attached and kept in the hands of the prime
contractor.
Power, as a prime contractor, to ask the employee to sign a discharge for the         Section 366
amount paid for a claim for wages to which an order under section 362 relates
Power, as the employer, where an employee’s consent authorising a deduction           Section 371(5)
to be made from wages is not written, to, before making the deduction, give the
employee written acknowledgement of the consent.
Power, as the employer, to pay each employee’s wages at least monthly to the          Section 373(1)
employee.
Power, as the employer, where the circumstances in subsection (1) apply, to           Section 375(2)
immediately at the end of the 30 days, pay the wages payable to the former
employee to the nearest clerk of the Magistrates Court.
Power, as the employer, to recover an amount to which the employee is not             Section 376(2)
entitled by deducting amounts from the employee’s wages for a subsequent pay
period or periods.
Power, as the employer, where an employee ceases employment without giving            Section 377
the employer the notice required by an industrial instrument, to deduct from the
employee’s wages an amount stated by an industrial instrument.
Power, as the employer, to contribute, for eligible employees, to the approved        Section 394(1)
superannuation fund at the level required by the relevant industrial instrument.
Power, as a person who may be directly affected by the declaration, to apply to       Section 463(1)
the commission for a declaration about an industrial matter.
Power, as an employer, to apply to the commission for an interpretation of an         Section 467(1)
industrial instrument, other than a certified agreement or bargaining award.          and 468(1)
Power, as a person bound by the agreement, to apply to the commission for an          Section 467(1)
interpretation of a certified agreement or bargaining award.                          and 468(2)
Power, as a party to an industrial cause, to agree in writing to the parties          Section 469(1)
requesting the commission to assist the parties in negotiating or resolving a         and (2)
matter relevant to the industrial cause, whether or not the matter is within the
jurisdiction of the commission and to agree that the request being amended.
Power, as a party to an industrial cause, to agree, in writing, for the decision of   Section 469(4)
the commission to bind the parties.
Power, as a party to a dispute, to make a referral agreement with the other           Section 470
parties to the dispute.                                                               (1)(b)
Power, as a party to a dispute, in the circumstances set out in subsection (1), to    Section 470(2)
apply to the commission for the commission to perform its dispute resolution
functions.
Power, as a party to a contract, in the circumstances set out in subsection (1),      Section 471(1)
to apply to the commission for the commission to amend or declare void (wholly
or partly) the contract.


                                                                                         Page 7 of 9

Section 8

 DESCRIPTION OF POWER DELEGATED                                                         LEGISLATION
 Power, as a person under section 474, to apply to the commission for the               Section 473(1)
 commission to grant an injunction:-
 (a) to compel compliance with an industrial instrument, a permit or this Act; or
 (b) to restrain or prevent a contravention, or continuance of a contravention, of
 an industrial instrument, a permit or this Act.
 Power, as an employer, to apply to the full bench for the orders set out in            Section 479
 section 479 about a demarcation dispute.
 Power, as a person mentioned in section 485, to apply to the full bench or the         Section 484(1)
 commission for proceedings to be reopened.
 Power, as a party to proceedings, to appoint in writing, an agent to represent         Section
 Council in the proceedings.                                                            529(1)(a)
 Power, as a person aggrieved by a decision of the court or the full bench              Section 554(1)
 constituted by the president and 2 or more other members, to appeal to the
 Court of Appeal.
 Power, as a person aggrieved by a decision of the full bench constituted by the        Section 554(2)
 president and 2 or more other members, to seek the leave of the Court of
 Appeal to appeal.
 Power, as a person aggrieved by a decision of a magistrate, to appeal to the           Section 556
 court.
 Power, as a person aggrieved by a decision of the commission, to appeal to the         Section 557(1)
 court.
 Power, as a person aggrieved by a decision of the commission, to seek the              Section 557(2)
 leave of the court to appeal.
 Power, as a person aggrieved by a decision of the registrar, to appeal to the full     Section 560(1)
 bench.
 Power, as a person aggrieved by a decision of the registrar, to seek the leave of      Section 560(2)
 the full bench to appeal.
 Power to apply to the industrial tribunal to allow a longer period in which to start   Section 564(2)
 an appeal.
 Power, as a person mentioned in column 2 of schedule 3 to apply to the                 Section 572
 relevant industrial tribunal for an order in relation to a contravention, or alleged
 contravention, of a civil penalty provision.
 Power, as a person subject to a requirement from an inspector to produce a             Section 912(2)
 document, to comply with the requirement.
 Power, as an employer subject to a written demand by an inspector under                Section 915(2)
 subsection (1), to comply with the demand.
 Power, as an employer, to pay wages payment to an employee under the Act, a            Section
 relevant industrial instrument or a permit, in accordance with the employee’s          928(1)(b)
 written direction.
 Power, as the employer in a workplace where an industrial instrument applies,          Section 934(2)
 to display a copy of the industrial instrument as required by section 934(2).
 Power, as the employer, where a person whose employment with the employer              Section 935(2)
 has been terminated has asked for a certificate described in section 935(1), to
 give the certificate.

2.     To exercise powers of the Council pursuant to the Industrial Relations Regulation 2018.

 DESCRIPTION OF POWER DELEGATED                                                         LEGISLATION
 Power, as the employer, when working out continuous service under section              Section 4(1)(c)
 123(1) of the Industrial Relations Act 2016, to notify the employee that another
 absence from work breaks the employee’s continuous service

                                                                                            Page 8 of 9

Section 9

 DESCRIPTION OF POWER DELEGATED                                                                  LEGISLATION
 Power, as the employer, when working out continuous service under section                       Section 4(5)(b)
 123(1) of the Industrial Relations Act 2016, to withdraw a notice to the
 employee given under section 4(1)(c)


Conditions of Delegation:

     1. The delegated officer must exercise this delegation in accordance with council; resolutions,
        policies, guidelines, procedures, industrial instruments and agreements.

     2. If the Chief Executive Officer 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
                    b. for and Former Delegated Position that ceases to exist, the reference in this
                       Instrument to the Former Delegated Position will be read as being a reference to
                       the position that then most closely resembles the Former Delegated Position.


1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.




                                                                                                     Page 9 of 9

Section 10

DELEGATION OF AUTHORITY
TITLE: LAND TITLE

Delegation by the Council to:                                     Date:

Chief Executive Officer

Source of Authority:
Local Government Act 2009 - Section 257
Land Title Act 1994



Delegated Power:

  1. To exercise powers of the Council pursuant to the Land Title Act 1994.

DESCRIPTION OF POWER DELEGATED                                                  LEGISLATION

Power, as a person served with a written notice by the registrar, to give public Section 18
notice of a request listed in subsection (1) and to satisfy the registrar that the
public notification has been given.
Power to undertake the searches and obtain copies of the documents              Section 35(1)
described in section 35(1)/
Power, as the registered owner, to ask the registrar to issue a certificate of Section 42(1)
title.
Power, as the registered owner, to agree to a plan of subdivision and Section 50(1)(b)
dedicating the public use land
Power, as the relevant planning body, to approve a plan of subdivision.         Section 50(1)(h)
Power, as the registered proprietor whose interests are affected by the plan,   Section 50(1)(j)
to consent to a plan of subdivision.
Power, as the registered owner of a lot, to dedicate the lot as a road for      Section 54(1)
public use.
Power, as the relevant planning body, to approve a dedication notice to Section 54(3)
dedicate a lot as a road for public use.
Power, as the registered owner, to sign a building management statement         Section 54B(1)
for registration.
Power, as the registered owner, to sign an instrument of amendment for a        Section 54E(2)
building management statement.
Power, as the registered owner of all lots to which a building management     Section 54G
statement applies, to ask the registrar to extinguish the building management
statement.
Power, as the registered owner, to sign an instrument of extinguishment or      Section 54H(3)
partial extinguishment for a building management statement.

                                                                                       Page 1 of 5

Section 11

DESCRIPTION OF POWER DELEGATED                                                       LEGISLATION

Power, as the registered owner of a lot with two or more registered owners,          Section 57
to request the registrar create separate a indefeasible title for the interest of
each owner.
Power, as a registered owner subject to a joint tenancy, to unilaterally sever       Section 59(1)
the joint tenancy.
Power, as a registered owner subject to a joint tenancy, to give notice of the       Section 59(2)
severing of the joint tenancy in the way prescribed by subsection (2).
Power to register an instrument of transfer for the transfer of a lot or interest    Section 60(1)
to or from Council.
Power to register an instrument of lease for the lease of a lot, or part of a lot,   Section 64
to or from Council.
Power to register an instrument of amendment of a lease to or from Council.          Section 67(1)
Power, as the relevant local government, to approve the instrument of lease          Section 65(3A)
where it is for reconfiguring a lot within the meaning of the Planning Act
2016.
Power, as a lessor under a registered lease who has lawfully re-entered and          Section 68(1)
taken possession under the lease, to lodge a request for the registrar to
register the re-entry.
Power, as a lessor or lessee under a registered lease, to execute and                Section 69(1)
register an instrument of surrender of the lease.
Power, as a sublessee, to consent to the surrender of the lease.                     Section 69(2)
Power, as a sublessee, to consent to the surrender of the lease.                     Section 69(2)
Power to register an instrument of easement benefiting or burdening land             Section 82(1)
owned by Council.
Power, as the registered owner, lessee, person entitled to the land or public        Section 83(1)(b)
utility provider, to sign an instrument of easement for particular easements.
Power, as the relevant local government, to approve the plan of survey for           Section 83(2)
the creation of an easement giving access to a lot from a constructed road
where it is the reconfiguring of a lot under the Planning Act 2016.
Power, as the registered owner of a lot burdened by an easement in favour            Section 85B(2)
of a public utility provider that is not a public thoroughfare easement, to
recover from the public utility provider a reasonable contribution towards the
cost of keeping the part of the lot affected by the easement in a condition
appropriate for enjoyment of the easement.
Power, as the registered owner of the lot benefited and the lot burdened by          Section 87
an easement, to ask the registrar to extinguish the easement.
Power to register an instrument of surrender of an easement benefiting or            Section 90(1)
burdening land owned by Council.
Power to sign an instrument of surrender of an easement.                             Section 90(2)
Power, as a lessee or sublessee of a lot benefited by an easement, to                Section 90(3)
consent to surrender of the easement.
Power to register an instrument of amendment of an easement benefiting or            Section 91(1)
burdening land owned by Council


                                                                                           Page 2 of 5

Section 12

DESCRIPTION OF POWER DELEGATED                                                      LEGISLATION

Power, as a local government and covenantee, to register an instrument of           Section 97A
covenant.
Power, as a local government and covenantee, to register an instrument of           Section 97C
amendment of a covenant.
Power, as a local government and covenantee, to sign and register an                Section 97D
instrument of surrender of a covenant.
Power to register an instrument of profit a prendre benefiting or burdening         Section 97E
land owned by Council.
Power, as the registered owner of the lot benefited and the lot burdened by a       Section 97I
profit a pendre, to ask the registrar to extinguish the profit a ponder.
Power to register an instrument of amendment of a profit a prendre                  Section 97K
benefiting or burdening land owned by Council.
Power to register an instrument of release of a profit a prendre benefiting or      Section 97L
burdening land owned by Council.
Power to register instrument of carbon abatement interest for a lot owned by        Section 97O
Council or over which Council has an interest.
Power to apply to be registered as owner of a lot as an adverse possessor.          Section 99(1)
Power to withdraw an application to be registered as owner of a lot as an           Section 100
adverse possessor and request that all documents lodged in support of the
claim be returned
Power, as a person claiming an interest in a lot the subject of an adverse          Section 104
possession claim, to lodge a caveat
Power, as a caveator given a written notice under subsection (1), to:-              Section 106(2)
(a) start a proceeding in the Supreme Court to recover the lot; and
(b) give written notice, in the way the registrar requires, to the registrar that
the proceeding has started.
Power, as a caveator that does not agree to the registration of the applicant       Section 107(2)
for a lesser interest in the lot, to:-
(a) start a proceeding in the Supreme Court to recover the lot; and
(b) give written notice, in the way the registrar requires, to the registrar that
the proceeding has started.
Power, as an applicant, to sign the plan of subdivision as if the applicant         Section 108A
were the registered owner of the relevant lot.
Power, as the registered owner holding the interest in the lot as trustee, to       Section 110(1)
lodge an instrument of transfer to register the interest as being held as
trustee.
Power, as a person who is beneficially entitled under a will to a lot or an         Section 112(1)
interest in a lot of a deceased registered proprietor, to apply to the registrar
to be registered as proprietor of the lot.
Power, as a person mentioned in section 114(1), to apply to the Supreme             Section 114(2)
Court for an order to be registered as proprietor of the lot.
Power to lodge a caveat.                                                            Section 122
Power to withdraw a caveat.                                                         Section 125

                                                                                          Page 3 of 5

Section 13

DESCRIPTION OF POWER DELEGATED                                                     LEGISLATION

Power, as a caveatee, to serve on the caveator a notice requiring the              Section 126(2)
caveator to start a proceeding in a court of competent jurisdiction to establish   and (3)
the interest claimed under the caveat and to notify the registrar of service of
the notice.
Power, as a caveator served with a notice under subsection (2), to:-               Section 126(4)
(a) start a proceeding in a court of competent jurisdiction to establish the
interest claimed under the caveat; and
(b) notify the registrar that a proceeding has been started and the identity of
the proceeding.
Power, as a caveatee, to apply to the Supreme Court for an order that a            Section 127(1)
caveat be removed.
Power to lodge a request to cancel a caveat.                                       Section 128(1)
Power to seek the leave of a court of competent jurisdiction to lodge a further    Section 129(2)
caveat.
Power to deposit a priority notice for a lot.                                      Section 139(1)
Power to deposit a request to extend a priority notice.                            Section 141(1)
Power to deposit a request to withdraw a priority notice.                          Section 143(1)
Power, as an affected person for a lot to which a priority notice applies, to      Section 144(1)
apply to the Supreme Court for an order that the priority notice be removed.
Power to deposit a request to cancel a priority notice.                            Section 145
                                                                                   (1)(a)
Power, as the depositor of a priority notice, to request a correction to the       Section 149(1)
priority notice.
Power to comply with a requisition given to Council by the registrar.              Section 156(3)
Power to apply to the registrar to relodge an instrument that the registrar has    Section 159(4)
permitted to be withdrawn.
Power to comply with a requirement of the registrar to deposit an instrument       Section 160
for correction or cancellation.
Power to comply with a requirement of the registrar to lodge a plan of survey      Section 165
for the lot.
Power to lodge a standard terms document and amend a standard terms                Section 169(1)
document on Council’s behalf.
Power to request the registrar to withdraw a standard terms document on            Section 172(1)
Council’s behalf.
Power, as a person affected by a correction, to apply to the Supreme Court         Section 186(2)
for an order that the correction be amended or set aside.
Power, as a person with an entitlement to compensation under section 188           Section 188B(1)
or 188A, to apply to the Supreme Court for an order:-
(a)for compensation to be paid by the State;
(b)directing the registrar to take stated action




                                                                                         Page 4 of 5

Section 14

Conditions of Delegation:

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
          b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
             to the Former Delegated Position will be read as being a reference to the position that
             then most closely resembles the Former Delegated Position.



1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.




                                                                                                 Page 5 of 5

Section 15

DELEGATION OF AUTHORITY
TITLE: NATURE CONSERVATION

Delegation by the Council to:                                    Date:

Chief Executive Officer

Source of Authority:
Local Government Act 2009 - Section 257
Nature Conservation Act 1992
Nature Conservation (Wildlife Management) Regulation 2006



Delegated Power:

  1. To exercise powers of the Council pursuant to the Nature Conservation Act 1992.

DESCRIPTION OF POWER DELEGATED                                                   LEGISLATION

Power, as a landholder, to make a submission to the Minister about the Section 44(4)
proposed declaration of a nature refuge.
Power, as a landholder, to make an objection to a proposed compulsory            Section 49(2) (c)
declaration of a nature refuge.
 Power, as a local government, to prepare a statement of management intent       Section 100K
 for protected wildlife required by the Minister and publish it on Council's
 website.
Power, as a landholder of land subject to an interim conservation order, to Section 108(1)
claim compensation.
Power, as a landholder, to make a submission about a draft management plan. Section
                                                                                   115A(3)(c)
Power, as a landholder, to claim compensation for injurious affection arising      Section 137A(5)
where:-
(a) a regulation is made, or a conservation plan is approved, for an area
identified under the regulation or plan as, or including, a critical habitat or an
area of major interest; and
(b) a landholder’s interest in land in the area is injuriously affected by a
restriction or prohibition imposed under the regulation or plan on

  2. To exercise powers of the Council pursuant to the Nature Conservation (Wildlife
     Management) Regulation 2006.

DESCRIPTION OF POWER DELEGATED                                                   LEGISLATION

Power, as the holder of a damage mitigation permit, to give a return of Section 188
operations for the permit to the chief executive.


                                                                                        Page 1 of 2

Section 16

 DESCRIPTION OF POWER DELEGATED                                                                  LEGISLATION

 Power, as the holder of a flying-fox roost management permit, to give a                         Section 188G
 return of operations for the permit to the chief executive.
 Power, as a local government, to give the Chief Executive information about:- Section 379(2)
 (a) an area zoned for use for residential or commercial purposes under the
 local government’s planning scheme; and
 (b) ask the chief executive to amend the urban flying-fox management area
 map to include the area.
 Power, as a local government, to respond to a request from the Chief Section
 Executive pursuant to this section.                                  383(2)(a)



Conditions of Delegation:

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
          b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
             to the Former Delegated Position will be read as being a reference to the position that
             then most closely resembles the Former Delegated Position.



1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.




                                                                                                       Page 2 of 2

Section 17

DELEGATION OF AUTHORITY
TITLE:          PEACEFUL ASSEMBLY ACT 1992

Delegation by the Council to:                                      Date:

Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Peaceful Assembly Act 1992



Delegated Power:
   1. To exercise the powers of Council pursuant to the Peaceful Assembly Act 1992.

 DESCRIPTION OF POWER DELEGATED                                                    LEGISLATION

 Power to nominate an officer of Council as a “representative”.                    Section 4
 Power, as a local authority, to give a notice under subsection (2)(b) and Sections
 impose conditions in the notice.                                          10(2)(b) and 11
 Power, as an owner or occupier, to give a notice under subsection (2)(c).         Section 10(2)(c)
 Power, as a relevant authority, to consult under subsections (4) or (5).          Sections 11(4) or
                                                                                   (5)
 Power, as a relevant authority, to apply to a Magistrates Court for an order Section 12
 refusing to authorise the holding of the assembly.
 Power, as a relevant authority, to consult with each interested person.           Section 13(1)(c)
 Power, as a relevant authority, to engage in a mediation process.                 Section 13(1)(d)
 Power, in the circumstances provided in subsection (3), to:-                 Section 13(3)
    (a) fix a reasonable time and place for holding the consultations; and
    (b) cause a notice of the time and place to be published in a newspaper
        circulating in the area in which the assembly is proposed to be held.
 Power, as a relevant authority, to notify the organiser in writing that it does not Section 15(1)
 oppose the holding of the assembly.
 Power, as a relevant authority, to participate in a mediation process.            Section 15(2)


Conditions of Delegation:

   1. The delegated officer must exercise this delegation in accordance with council; resolutions,
      policies, guidelines, procedures, industrial instruments and agreements.

   2. If the Chief Executive Officer 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.
                                                                                           Page 1 of 2

Section 18

     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
               b. for and Former Delegated Position that ceases to exist, the reference in this
                  Instrument to the Former Delegated Position will be read as being a reference to the
                  position that then most closely resembles the Former Delegated Position.


1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.




                                                                                                 Page 2 of 2

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