2022-07-12 - S&O Agenda - Item 3 - Attachment 1 - Governance Framework Report

  These delegations include conditions and limitations on the delegated power
  and there are some powers that cannot be delegated, which include:
   • A power delegated by the local government, if the local government has
     directed the CEO not to further delegate the power.
   • The Mayor cannot delegate power to direct the CEO to another councillor.
   • Acceptance of a tender, which exceeds an amount as determined by the
     Council.
   • Appointment of an auditor.
   • Acquisition or disposal of any property valued at an amount exceeding an
     amount determined by the Council.
   • Any of the Council’s powers in relation to determining fees, allowances and
     expenses of members and Committee members.
   • Borrowing money on behalf of the Council.
   • Carrying out any power or duty that requires the approval of the Minister or
     the Governor.
   • A power that an Act states must be exercised by resolution.
   • A power to keep a Register of Interests.
   • Such other powers or duties as may be prescribed.

  The use of delegated authority is necessary for the large volume of routine work
  of Council to be effectively managed and acted on promptly, which in turn
  facilitates efficient service delivery for the community. Subsequently, Council can
  concentrate on policy development, strategic planning and community
  leadership.

  In accordance with section 257(5) of the Local Government Act 2009, Council
  annually reviews its delegations of authority. As a result of this empowerment,
  the CEO is required to establish a register of delegations containing the
  particulars prescribed under legislation. Subsequently, as legislation is amended,
  repealed and introduced, Council is required to update its Delegations Register.

  POLICIES
  Policies and policy making are an essential element of the governance
  framework. Policies provide the Council and the organisation with the ability and
  direction to make decisions that are considered to be consistent and unbiased.
  Public policy is ultimately about achieving objectives – the policy process helps
  decision makers clarify their objectives.[10] They include organisational
  guidelines, rule books and practice manuals, directives, codes of conduct etc.
  and possess similar characteristics focused on providing decision -making
  guidance in administering legislation.[11]




  [10] Catherine Althaus, Peter Bridgman and Glyn Davis, The Australian Policy Handbook,
  5th ed, 2013, p. 8.
  [11] Robin Creyke, ‘Soft law’ and Administrative Law: A new challenge, AIAL Forum No.61,
  p.15.

NOOSA SHIRE COUNCIL                                                                  PAGE 40