2014-05-20 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                    20 MAY 2014


RECOMMENDATION
That Council note the report by the Project Officer Governance to the Planning and Organisation
Committee dated 20 May 2014 and
A.   Rescind existing delegations that transferred to the Noosa Council from the Sunshine
     Coast Regional Council under the Local Government (De-amalgamation Implementation)
     Regulation 2013 as detailed in Attachment 1; and
B.   Delegate to the Chief Executive Officer of Council pursuant to section 257 of the Local
     Government Act 2009, all powers referred to in Attachment 2.




REPORT
It is proposed to adopt the LGAQ model format as opposed to the current transferred delegation
format because the register is updated and maintained as a free service to member councils by
LGAQ.

1.   Redundant delegations

Where a SCC delegation does not align with current operational requirements and to remove any
doubt as to its legality or application to Council, it is recommended to rescind the delegation,
refer Attachment 1. In addition where required, replace with a new Noosa Council delegation in
section 2 below.

2.   Proposed amendments to current and new delegations

The review of the online delegations provided by LGAQ resulted in amendments to the following
existing Council to CEO delegations as outlined in Attachment 2:
    Local Government Act 2009
    Disaster Management Act 2003
    Information Privacy Act 2009
    Right to Information Act 2009

Additionally, changes in state legislation have resulted in new delegations to allow delegation of
powers from Council to the CEO for the following, also outlined in Attachment 2:
    Public Interest Disclosure Act 2010
    Workers Compensation & Rehabilitation Act 2003 & Work Health & Safety Act 2011

Legal

This report is prepared in accordance with the requirements of the Local Government Act and
various other state government acts. The delegation of powers to the CEO and/or council officers
is not mandatory and council may retain, rescind or amend a power if it wishes.

Section 257 (Delegation by the Local Government) of the Act allows, by resolution, a local
government to delegate its powers to the Mayor, CEO, a standing committee or a joint standing
committee.

Section 259 (Delegation by the Chief Executive Officer) of the Act allows the Chief Executive
Officer to delegate his/her powers (including powers delegated by the local government to the
Chief Executive Officer) to another employee of the local government.



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