Meeting papers

SERVICES & ORGANISATION COMMITTEE MEETING                                              8 JULY 2025


exercise the relevant power.

The delegation of Council’s powers does not involve Council surrendering its powers. A local
government can choose to exercise a power themselves even after a power has been delegated. In
other words, a delegation involves a ‘sharing’ of power, so both Council and the delegated officer
can exercise the same power. However, Council cannot interfere with the delegate's valid exercise
of the delegated power.

Council must formally resolve to delegate its powers under the Council Register of Delegations to
the CEO, as provided in Attachment 1. It is important to note that Council may retract or condition
a delegation of power from the CEO as desired.

   1.2 Delegation of power from the CEO to Employee / Contractor

The CEO has particular powers provided by legislation by virtue of holding the position of CEO within
the local government. In accordance with section 259 of the LGA, the CEO may delegate a power
provided by legislation or Council resolution to an appropriately qualified employee or contactor of
Council.

Pending adoption by Council, the CEO, in consultation with the Governance Branch, Directors and
Managers, will on-delegate various powers to relevant positions within the organisation to ensure
efficient operations and service to our community.

   1.3 Council's Register of Delegations - Council to CEO

Pursuant to section 257(5) of the LGA, delegations to the CEO by Council must be reviewed annually
by the local government. This ensures that the delegations align with any relevant legislative
changes and new legislation enacted during the previous year.

In accordance with the LGA, Council has in place a Register of Delegations recording all delegations
made by the Council to the CEO, and a Register of Delegation recording all delegations which the
CEO has on-delegated to various employees and contractors. The Register of Delegations must be
made available to the public for inspection upon request.

If Council resolves to adopt the Recommendations made in this Report, the changes to the
Delegations Register – Council to Chief Executive Officer will take immediate effect.

2. Annual Delegations Review process

Pursuant to section 257(4) of the LGA, delegations to the CEO must be reviewed annually by the
local government. Council previously adopted its current delegations at the Ordinary Meeting of 15
August 2024.

   2.1 Legal update

King and Company Solicitors update the Council Register and CEO Register during the two major
Queensland Parliamentary recesses (summer and winter) and advise on changes made to Acts and
Regulations. Updates to the Register’s may result from:

   a. changes to relevant State legislation,
   b. introductions of new State legislation, or




                                                                                              Page 36 of 610