2020-09-08 S&O Agenda - Item 1 - Attachment 2 Delegations of Authority Council to Chief Executive (Updated)

DESCRIPTION OF POWER DELEGATED                                             LEGISLATION

Power, as an employer who pays earnings to an employee for whom a Section 81
fine collection notice for redirection of the enforcement debtor’s earnings
is in force, to when paying the earnings, deduct an amount from the
earnings as required under Part 5, Division 4.
Power, as an administering authority, to state any matter in subsection Section 157(2)
(2) is evidence of the matter.
Power, as an administering authority, to request the Registrar to give a   Section 157(4)
certificate under subsection (3).
Power to approve forms for use as infringement notices.                    Section 162


   2. To exercise powers as a delegated officer under the State Penalties Enforcement Act
      1999.


DESCRIPTION OF POWER DELEGATED                                      LEGISLATION

NOTE: No power to delegate CEO’s powers included in State
Penalties Enforcement Act 1999 Section 259 of the LGA
sufficient.
Section 27A(12) of the Acts Interpretation Act 1954 would prevent
sub-delegation.
Power to delegate Council’s powers as administering authority Section 160
under the State Penalties Enforcement Act to an appropriately
qualified person.


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.

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