2019-11-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                              12 NOVEMBER 2019


   The powers under the Act are required by the Plumbing Inspector/Officer positons to be
     able to effectively carry out their duties as listed in Attachment 1.
Plumbing and Drainage Regulation 2019
   The Plumbing and Drainage Regulation 2019 (the Regulation) has superseded the
     Standard Plumbing and Drainage Regulation 2003 and has come into effect 1 July 2019.
     Therefore, it is appropriate for Council to review its delegations and ensure they align with
     this new legislation.
   The powers under the Regulation are required by the Plumbing Inspector/Officer positons
     to be able to effectively carry out their duties are listed in Attachment 2.
The new delegation registers for the Plumbing and Drainage Act 2018 & Plumbing and Drainage
Regulation 2019 have been provided by LGAQ, and includes the Register of Delegations –
Council to CEO. These registers include all the powers identified by King & Company for LGAQ
for the Local Government Act 2009. The register has been reviewed and revised by officers to
align and reflect the current delegations provided for the Local Government Act 2009.

Previous Council Consideration
The majority of Council’s current delegations were adopted by Council at the Ordinary Meeting
held on 21 February 2019.
Ordinary Meeting Minutes, Item, 5, Page 6
ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY 2019
That Council note the report by the Governance Officer to the Services & Organisation
Committee Meeting dated 12 February 2019 and adopt:
A.   Pursuant to section 257 of the Local Government Act 2009 (LGA), to delegate the powers
     of the Local Government outlined in the Delegations of Authority provided at Attachment 1,
     to the Chief Executive Officer;
B.   Pursuant to section 257 of the Local Government Act 2009 (LGA), to delegate the powers
     of the Local Government outlined in the Delegations of Authority provided at Attachment 2,
     to the Chief Executive Officer; and
C.   Pursuant to section 257 of the Local Government Act 2009 (LGA), to delegate the powers
     of the Local Government outlined in the Delegations of Authority provided at Attachment 3,
     to the Chief Executive Officer.

Finance & Risk
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 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.




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