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2020-09-08 S&O Agenda - Item 1 - Attachment 3 Delegations of Authority Council to Chief Executive (No Changes)
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Services & Organisation Committee Agenda
8 September 2020 Item 1 - Attachment 3
ATTACHMENT 3
No changes to Delegation of Authority: Council to Chief Executive Officer
Table of Contents
ANIMAL MANAGEMENT (CATS AND DOGS) ............................................................................. 2
ASBESTOS COMPLAINTS - PUBLIC HEALTH ............................................................................ 5
BODY CORORATE & COMMUNITY MANAGEMENT ................................................................... 6
DISASTER MANAGEMENT ........................................................................................................... 7
ENVIRONMENTAL OFFSET .......................................................................................................... 9
FOOD PREMISES ........................................................................................................................ 12
INFORMATION PRIVACY ............................................................................................................ 17
LAND VALUATIONS .................................................................................................................... 22
LOCAL GOVERNMENT ACT AUTHORITY TO SIGN .................................................................. 23
LOCAL LAWS .............................................................................................................................. 24
PEACEFUL ASSEMBLY .............................................................................................................. 27
PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ....... 29
STATUTORY BODIES FINANCIAL ARRANGEMENTS .............................................................. 33
SURVEY AND MAPPING INFRASTRUCTURE ........................................................................... 34
TORUMS - TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) .................................... 36
INDUSTRIAL RELATIONS ........................................................................................................... 38
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Section 2
DELEGATION OF AUTHORITY
TITLE: ANIMAL MANAGEMENT (CATS AND DOGS)
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Animal Management (Cats and Dogs) Act 2008
Delegated Power:
1. To exercise powers of the Council pursuant to the Animal Management (Cats and Dogs) Act
2008.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give identifying information to particular persons. Section 39
Power to recognise a body supervising an exhibition in which a cat or dog is Section 42(4)
participating.
Power, as an approved entity, to:- Section 43B
(a) conduct an accreditation scheme to breed dogs; and
(b) accredit a person as an “accredited breeder” under the accreditation
scheme.
## Note: this section only applies to local governments who have been
declared to be an approved entity under section 43W.
Power, as an approved entity, to give an accreditation number to an accredited Section 43C
breeder.
## Note: this section only applies to local governments who have been
declared to be an approved entity under section 43W.
Power to give registration notice. Section 49(2)
Power to keep registration form and information. Section 51
Power to fix the fee for the registration of a dog. Section 52
Power to recognise a body supervising an exhibition or an obedience trial in Section 64(1)
which a dog is participating.
Power to require applicant to give a stated document or information that is Section 74(1)
relevant to a permit application.
Page 2 of 50
Section 3
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to grant or refuse a permit application within a certain time. Section 75(1)
Power to decide whether desexing is likely to be a serious risk to the health Section 75(3)
of a dog.
Power to impose conditions on the grant of an application for a restricted dog Section 75(5)
permit.
Power to issue a restricted dog permit. Section 77
Power to issue a decision notice after deciding to refuse a permit application. Section 79
Power to grant or refuse a renewal application within a certain time. Section 84(1)
Power to seek further information in deciding an application for a renewal Section 84(4)(b)
application.
Power to: Section 84(5)
if the application is granted, issue a renewed permit; or
if the application is refused, issue a decision notice.
Power to amend a restricted dog permit at any time. Section 87
Power to make:- Section 89(1)
(a) a dangerous dog declaration;
(b) a menacing dog declaration; (c)
a restricted dog declaration.
Power to determine whether a dog is of a breed mentioned in section 63(1). Section 89(4)
Power to give a dog owner a proposed declaration notice regarding a dog. Section 90
Power to withdraw a proposed declaration notice regarding a dog. Section 92
Power to consider any written representations and evidence within a period Section 94
stated in a proposed declaration notice and make a regulated dog declaration.
Power to give an owner of a dog the subject of a regulated dog declaration, a Section 95
notice about the decision under subsection (3) or (4).
Power to destroy a surrendered regulated dog. Section 100
Power to recover reasonable seizure or destruction costs. Section 102
Power to give notice of a proposed inspection program. Section 114
Power to include other information considered appropriate in the general Section 178(e)
register.
Power to authorise an employee to verify a copy of a document. Section 198(1)
Page 3 of 50
Section 4
DESCRIPTION OF POWER DELEGATED LEGISLATION
Where a local government has received a registration form in relation to a cat Section 227(2)
prior to 23 September 2013 and it has not yet given a registration notice,
power to:-
(a) refund the registration fee to the owner; or
(b) if the local government is a declared local government—register the
cat under former chapter 3, part 2; or
(d) if a local government makes a local law requiring cats to be registered—
register the cat under the local law.
Where a local government has received a registration fee in relation to a cat Section 228(2)(b)
prior to 23 September 2013 and it has given a registration notice for the cat,
power to refund the registration fee or a portion of the fee to the owner.
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 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.
2. 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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 4 of 50
Section 5
DELEGATION OF AUTHORITY
TITLE: ASBESTOS COMPLAINTS - PUBLIC HEALTH
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009
Public Health Act 2005 Section 14
Delegated Power:
1. The Authority to:
DESCRIPTION OF POWER DELEGATED
Sign and refer relevant asbestos complaints to Queensland Health for investigation.
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 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.
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.
4. Ensure all relevant complaints referred to Queensland Health are in writing and signed by the
delegated officer.
5. Maintain a record of all instances where this delegation has been exercised
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 5 of 50
Section 6
DELEGATION OF AUTHORITY
TITLE: BODY CORORATE & COMMUNITY MANAGEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 Section 257
Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation
2011
Delegated Power:
1. To exercise powers of the council pursuant to the Body Corporate and Community
Management (Specified Two-lot Schemes Module) Regulation 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the relevant planning body, to issue a certificate certifying the Section 33(4)(b)
transaction has been approved or noted as required under the relevant Planning
Act.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 6 of 50
Section 7
DELEGATION OF AUTHORITY
TITLE: DISASTER MANAGEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Disaster Management Act 2003
Disaster Management Regulation 2014
Delegated Power:
1. To exercise the powers of council as a delegated officer pursuant to the Disaster Management
Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to establish a Local Disaster Management Group for the local government Section 29
area.
Power to agree to unite with one or more other local government/s for the purpose Section 31
of establishing a local group.
Power to provide, at least once a year, written notice of the members of a Local Section 37
Disaster Management Group to the chief executive and the chairperson for the
disaster district in which the Local Disaster Management Group is situated.
Power to prepare a local disaster management plan for disaster management in Section 57(1)
the local government’s area.
Power to review, or renew, its local disaster management plan when local Section 59
government considers it appropriate.
Power to, on payment of the appropriate fee, give a person a copy of the local Section 60
disaster management plan.
Power to agree to unite with one or more other local governments for the Section 61
purpose of preparing a local disaster management plan.
2. To exercise the powers of council as a delegated officer pursuant to the Disaster Management
Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to appoint a person to a district disaster management group for a disaster Section 5(1)
district.
Page 7 of 50
Section 8
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to inform the chief executive of the department, and the chairperson of Section 5(6)
the district group, of an appointment under section 5(1).
Power to nominate a person to a temporary district disaster management group. Section 7(1)
Power to appoint a person as a member of a local disaster management group. Section 9(1)
Power to appoint a chairperson and deputy chairperson of a local disaster Section 10(1)
management group.
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 8 of 50
Section 9
DELEGATION OF AUTHORITY
TITLE: ENVIRONMENTAL OFFSET
Delegation by the Council to: Date: 2020
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Environmental Offsets Act 2014
Environmental Offsets Regulation 2014
Delegated Power:
1. To exercise the powers of Council pursuant to the Environmental Offset Act 2014.
LEGISLATION
DESCRIPTION OF POWER DELEGATED
Power to make an environmental offsets policy available for inspection Section 12(3)
Power, as an administering agency, to impose an offset condition if the Sections 14 and 15
circumstances in sections 14 and 15 apply.
Power to consider a notice of election and any offset delivery plan. Section 19(1)
Power to decide whether it is appropriate to deliver the environmental offset in Section 19(2) and
the way stated in the notice of election, and any offset delivery plan, or whether 19(3)
the offset should be delivered in a different way and to give notice of the
decision.
Power to agree to amend either or both of the agreed delivery arrangement and Section 19(7)
an offset delivery plan.
Power to give the notice required to be given under subsection (4). Section 19A
Power to enter another agreed delivery arrangement. Section 20
Power to decide an application to remove duplicate conditions, make other Section 25A
amendments to the authority, and give notice of the decision.
Power, as a relevant agency, to enter an environmental offset agreement. Section 26
Power, as a relevant agency, to enter another environmental offset agreement Section 28
that varies, or terminates and replaces, an earlier environmental offset
agreement.
Power, in the circumstance specified in subsection 35(1)(a), to give a Section 35
compliance notice in relation to the terms of the environmental offset
agreement.
Page 9 of 50
Section 10
LEGISLATION
DESCRIPTION OF POWER DELEGATED
Power, where Council has given a compliance notice and the person Section 39
contravenes it by not doing something, to do the thing and recover any
reasonable costs or expenses incurred in doing it as a debt.
Power to credit amounts received by Council as a financial settlement offset to Section 89(1)
Council’s trust fund.
Power to transfer an amount received by Council as a financial settlement offset Section 89(2)
in one of the circumstances listed in subsection (2).
Power, as an administering agency, to keep a register of the matters listed in Section 90
subsection one, make the register available for inspection and give information
held on the register to the chief executive.
Power, as an administering agency, to decide an application to amend:- (a) Section 95B
an existing authority;
(b) an authority granted, on or after commencement, as the result of an
application that was made but not dealt with, before commencement, and to do
all things authorised or required by section 95B following the making of the
decision.
2. To exercise the powers of Council pursuant to the Environmental Offset Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an owner of land proposed to be included within a new area covered Section 11(3)(c)
by a later environmental offset agreement, to decide whether or not to consent
to the amended declaration of the environmental offset protection area.
Power, as a decision maker, to decide an application for an area of land to be Section 14
identified as an advanced offset and to do all things authorised or required by
section 14 following the making of the decision.
Power, as a decision maker, to remove an advanced offset from the register kept Section 14(7)
under section 90 of the Act.
Power, as a decision maker, to decide an application to vary the boundary of an Section 15
area of land identified as an advanced offset and to do all things authorised or
required by section 15 following the making of the decision.
Power, as a relevant entity, to extend the time for applying for internal review. Section 18(2)
Power, as a relevant entity, to review a reviewable decision, make an internal Section 19
review decision and to do all things authorised or required by section 19
following the making of the decision.
Conditions of Delegation:
Page 10 of 50
Section 11
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 11 of 50
Section 12
DELEGATION OF AUTHORITY
TITLE: FOOD PREMISES
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Food Act 2006
Food Production Safety Act 2000
Delegated Power:
1. To exercise powers of the Council pursuant to the Food Act 2006.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to administer and enforce the following provisions of the : Section 23(1)
(a) section 39(1);
(b) chapters 3 and 4;
(c) chapter 6, other than section 159.
Power to administer and enforce sections 32, 33, 35 and 36 of the Food Act, in Section 24
conjunction with the State.
Power to agree with the chief executive that the State may do a thing that is a Section 25(1)(a)
matter of administration and enforcement for local government under section
23(1) of the .
Power to agree with the chief executive that Council may do a thing that is a Section 25(1)(b)
matter of administration and enforcement for the State under section 22(1) of
the .
Power to consult with the chief executive, and provide information required by Section 28
the chief executive, about the administration and enforcement of sections 24
and 25 of the .
Power to consider and grant, or refuse to grant, an application for a licence to Section 55
carry on a licensable food business.
Power to obtain and consider the written advice of an auditor about whether a Section 56(2)
food safety program complies with section 98.
Power to decide whether premises are suitable for carrying on a licensable Section 58
food business.
Page 12 of 50
Section 13
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to make enquiries as to the suitability of the applicant to hold a licence, Section 59(1)(a)
and the suitability of the premises for carrying on a licensable food business.
Power to require the applicant to give Council further information or documents Section 59(1)(b)
that Council reasonably requires.
Power to extend the time needed to make a decision about the application. Section 62(2)
Power to agree with the applicant, at any time prior to the final consideration Section 62(3)
day, about the day upon which the application must be decided.
Power to issue a provisional licence, at any time prior to deciding an application Section 64
for a licence.
Power to decide the term of the licence. (Note: not more than 3 years). Section 67
Power to decide the term of the provisional licence. (Note: not more than 3 Section 68(1)
months).
Power to extend, and further extend, the term of a provisional licence (to a total Section 68(2)
period of not more than 3 months after the provisional licence was issued).
Power to impose reasonable conditions on the licence. Section 69(1)(e)
Power to consider and renew, or refuse to renew, the licence for an application Section 72(3)
made under section 72(1) of the Food Act 2006
Power to consider and restore, or refuse to restore, the licence, where Section 73(3)
application has been made under section 73(1) of the Food Act 2006.
Power to consider and amend, or refuse to amend, a licence, where application Section 74(3)
has been made under section 74(1) of the Food Act 2006.
Power to require the applicant to give Council further information or documents Section 75(1)
Council reasonably requires to decide the application (for an application that is
made under Chapter 3, Part 5, Division 2, Subdivision 1, i.e. sections 72(1),
73(1) and 74(1)).
Power to give an information notice where Council has failed to decide an Section 77(4)
application within 30 days of receipt under Chapter 3, Part 5, Division 2,
Subdivision 1, i.e. Sections 72(1), 73(1) and 74(1).
Power to give a show cause notice. Section 79(2)
Power to consider representations about a show cause notice. Section 80(2)
Power to end the show cause process after considering representations made Section 81
by the licensee.
Power to suspend a licence after considering representations (if any). Section 82(2)(a)
Page 13 of 50
Section 14
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to cancel a licence after considering representations (if any). Section 82(2)(b)
Power to suspend a licence immediately. Section 83(1)
Power to give an information notice and show cause notice, as required, before Section 83(2)
suspending a licence pursuant to section 83(1).
Power, as the second local government, to take the same action as the first Section 90(1)
local government (except the power to cancel, suspend impose conditions or
other similar action in relation to the licence).
Power, as the second local government, to advise the first local government of Section 91(2)
the thing done or omitted to be done by a licensee of a mobile food business.
Power, as the first local government, to take action, in relation to a thing done or Section 92(2)
omitted to be done by the licensee in the second local government area.
Power to consider and grant, or refuse to grant, an application for a replacement Section 97
licence.
Power to consider an application and to accredit, or refuse to accredit, the food Section 103(1)
safety program.
Power to obtain and consider the written advice of an auditor about whether or Section 103(2)
not the food safety program complies with the criteria in section 104.
Power, before deciding the application, to require the applicant to give further Section 105(1)
information or documents reasonably required to decide the application.
Power to give an information notice to the applicant where the application is Section 107(4)
refused under section 107.
Power to decide that more time is needed to make a decision about the Section 108(1)
application.
Power to agree with the applicant, at any time prior to the final consideration Section 108(3)
day, about the day upon which the application must be decided.
Power, after accrediting an applicant’s food safety program, to decide how often Section 109(2)
the program must have compliance audits.
Power to determine changes to the frequency of compliance audits for a food Section 110
safety program accredited by Council.
Power to consider an application and approve, or refuse to approve, the Section 112(4)
amendment of an accredited food safety program.
Power, before deciding the application, to require the applicant to give further Section 113(1)
information or documents reasonably required to decide the application.
Page 14 of 50
Section 15
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, by notice, to direct the holder of a Council accredited food safety program Section 114
to amend the program.
Power to give the holder of a food safety program a show cause notice, and to Section 118
decide the term of the show cause period.
Power to consider representations about a show cause notice. Section 119
Power, after considering written representations by the holder of the accredited Section 120
food safety program, to take no further action.
Power to cancel the accreditation of a food safety program. Section 121 (2)
Power to conduct a non-conformance audit of a food safety program. Section 160(2)
Power to approve an improvement notice where remedying the contravention Section 210(2)
would be likely to stop the food business from operating.
Power, as the ‘reviewer’, to review an original decision under Chapter 3 or Section 237
Chapter 4 of the Food Act.
Power, as reviewer, to, at any time, extend the time to apply for a review. Section 238(2)
Power, as reviewer, to, after reviewing the original decision, make a further Section 239
decision to:
(a) confirm the original decision; or
(b) amend the original decision; or
(c) substitute another decision for the original decision.
2. To exercise powers of the Council pursuant to the Food Production (Safety) Act 2000.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to approve the appointment of an employee of Council as an authorised Section 83
officer by Safe Food Production (QLD).
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.
Page 15 of 50
Section 16
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 16 of 50
Section 17
DELEGATION OF AUTHORITY
TITLE: INFORMATION PRIVACY
Part 1- Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Information Privacy Act 2009
Delegated Power:
1. -To exercise the powers of Council pursuant to the Information Privacy Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to transfer an individual’s personal information to an entity Section 33
outside Australia under certain circumstances.
Power, as agency, to enter into a service arrangement with an entity other Section 34
than an agency to provide services.
Power, as agency, to give access to a document created after the application Section 47
for access is received.
Power, as agency, to search for a document on a backup system if it Section 49
considers the search is appropriate.
Power, as agency, to appoint an appropriately qualified healthcare professional Section 50(5)(b)
to make a healthcare decision in relation to an access or amendment
application.
Power, as agency, to contact the person and tell them how the application does Section 53(2)
not comply with a relevant application requirement.
Power, as agency, to refuse to deal with an access or amendment application Section 53(3)
if:
(a) the application does not comply with all relevant application
requirements; and
(b) the applicant has been afforded a reasonable opportunity to consult with
a view to making the application comply.
Power, as agency, to give prescribed written notice of the decision. Section 53(6)
Page 17 of 50
Section 18
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to refuse to deal with an access application if: Section 54
(a) the application should have been made under the Right to Information
Act (because it is for access to a document other than to the extent it
contains the applicant’s personal information); and
(b) reasonable efforts have been made to inform the applicant that the
application:
(i) can not be made under the Information Privacy Act; and
(ii) should be made under the Right to Information Act; and
(iii) may be changed so it can be made under the Information Privacy
Act, or may be dealt with under the Right to Information Act by
paying the application fee.
Power, as agency, at any time before a deemed decision is taken to have been Section 55(1)
made in relation to an access or amendment application, to ask applicant for a
further specified period to consider the application.
Note: more than one request can be made (section 55(2) Information Privacy
Act
Power, as agency, to continue to consider an access or amendment Section 55(3)
application, if a further specified period has been requested under section
55(1), the applicant has not refused the request, and no notice that the
applicant has applied for review has been received.
Power, as agency, to give access to a document that contains information the Section 56(1)
disclosure of which may reasonably be expected to be of concern to a
government, agency, or person (a “relevant third party”), only if reasonably
practicable steps are taken to obtain the relevant third party’s views on whether:
(a) the document is a document for Chapter 3 of the Information Privacy Act
(document of an agency or a Minister under the Right to Information
Act); or
(b) the information is exempt information or contrary to public interest
information.
Power, as agency, to transfer an access or amendment application to another Section 57(2)
agency if the document is not in the original agency’s possession, but is, to the
original agency’s knowledge, in the other agency’s possession, and the other
agency consents.
Power, as agency, to refuse to deal with the application without having Section 59
identified any or all of the documents, if the documents contain information of
a stated kind or relate to a stated subject matter and it appears that all of the
documents are comprised of exempt information (as defined in Schedule 3 of
the Right to Information Act).
Page 18 of 50
Section 19
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to refuse to deal with an access or amendment application, Section 60(1)
or, if considering two or more access or amendment applications by the
applicant, all the applications, if the work involved in dealing with the
application, or all the applications, would substantially and unreasonably divert
the resources of Council from use in performance of Council functions.
Power, as agency, to give the applicant: Section 61(1)
(a) written notice of the refusal to deal with an access or amendment application
under section 60(1) Information Privacy Act; and (b) a reasonable opportunity
to consult.
Power, as agency, to refuse to deal with a later access application for one or Section 62(3)
more of the same documents sought under the first access application by the
same applicant, to the extent it is for access to documents in the first
application, if the later application does not disclose any reasonable basis for
seeking such access.
Power, as agency, to refuse to deal with a later amendment application for one Section 63(3)
or more of the same documents sought to be amended under the first access
application by the same applicant, to the extent it is for amendment to
documents in the first application, if the later application does not disclose any
reasonable basis for seeking such access.
Power, as agency, after considering an access application, to decide whether Section 65
to give access to the document and whether any access charge must be paid
by the applicant.
Power, as agency, to refuse access to a document in the same way and to the Section 67(1)
extent access can be refused under section 47 Right to Information Act, were
access to the document applied for under that Act.
Power, as agency, to give a prescribed written notice to an applicant, for an Section 68(1)
access application, of:
(a) the decision on the application, including a decision to refuse to deal
with the application; and
(b) the fact that the document is not a document in the possession, or under
the control, of Council, if this is the case.
Power, as agency, to not include any exempt information or contrary to public Section 68(3)
interest information in the notice given under section 68(1) Information Privacy
Act.
Power, as agency, to give prescribed written notice to an applicant that does Section 69(2)
not include details required to be in a prescribed written notice under section
199(a) and (b) Information Privacy Act, but states that Council neither confirms
nor denies the existence of the document, but assuming the document does
exist, it would be a document to which access would be refused under section
67 Information Privacy Act to the extent it comprised prescribed information.
Page 19 of 50
Section 20
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, after considering an amendment application, to decide Section 70
whether amendment of the document is permitted.
Power, as agency, to give an applicant for an amendment application a Section 73(1)
prescribed written notice of the decision on the application.
Power, as agency, to not include reasons for a decision to permit amendment Section 73(2)
of the document in the notice given under section 73(1) Information Privacy
Act.
Power, as agency, to not include any exempt information or contrary to public Section 73(3)
interest information in the notice given under section 73(1) Information Privacy
Act.
Power, as agency, if a decision to amend the document is made, to make the Section 74
amendment by altering the personal information or adding an appropriate
notation to the personal information.
Power, as agency, to waive an access charge. Sections 80, 81
and 82
Power, as agency, to refuse to give access to a document in a form Section 83(4)
requested, if it would:
(a) interfere unreasonably with Council’s operations, or
(b) be detrimental to the preservation of the document, or
(c) be inappropriate having regard to the physical nature of the document;
or (d) involve an infringement of the copyright of a person other than
the State, and give access in another form.
Power, as agency, to extend the period in which an applicant may access a Section 84(2)
document.
Power, as agency, to defer giving access to a document for a reasonable period Section 87
if the document was prepared:
(a) for presentation to the Assembly or a committee of the Assembly; or
(b) for release to the media; or
(c) solely for inclusion in a document prepared for a purpose in (a) or (b).
Power, as agency, to delete irrelevant information from a copy of a requested Section 88
document when giving access to that requested document, if the agency
considers it is reasonably practicable to give access to the copy.
Power, as agency, to give access to a copy of a document from which the Section 89
exempt information has been deleted.
Power, as agency, to give access to a copy of a document from which the Section 90
contrary to public interest information has been deleted.
Page 20 of 50
Section 21
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as agency, to direct access to the document be given instead to an Section 92(2)
appropriately qualified healthcare professional nominated by the applicant and
approved by the agency, where access was refused under section 47(3)(d) of
the Right to Information Act, as applied under the Information Privacy Act.
Power, as agency, to conduct a particular further search or to conduct further Section 115
searches directed by the information commissioner.
Power, as agency, to apply to the information commissioner for declaration that Section 127
at person is a vexatious applicant.
Power, as agency, to apply to the information commissioner for approval to Section 157
waive or modify the obligation to comply with the privacy principles.
Power, as agency, to ask the information commissioner to extend the time within Section 159
which to take action stated in a compliance notice.
Power, as agency, to apply to QCAT, as provided under the QCAT Act, for Section 161(1)
review of the information commissioner’s decision to give a compliance notice.
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.”
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 21 of 50
Section 22
DELEGATION OF AUTHORITY
TITLE: LAND VALUATIONS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Land Valuations Act 2010
Delegated Power:
1. To exercise the powers of Council pursuant to the Land Valuations Act 2010.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to consult with the valuer-general about a proposed decision not to make Section 74
an annual valuation of land.
Power to give the valuer-general valuation-related documents, information Section 244
about a sale or proposed sale of land for unpaid rates and information about all
land Council acquires or disposes of.
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 22 of 50
Section 23
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERNMENT ACT
AUTHORITY TO SIGN
Delegation by the Council to: Date: 2020
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Local Government Act 2009
Delegated Power:
1. To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to sign a document on behalf of a local government as a delegate of the Section 236
local government.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register
Page 23 of 50
Section 24
DELEGATION OF AUTHORITY
TITLE: LOCAL LAWS
Delegation by Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257 & 259
Noosa Shire Council Local Law No. 1 (Administration)2015
Noosa Shire Council Subordinate Local Law No. 1 (Administration)2015
Noosa Shire Council Local Law No. 2 (Animal Management) 2015
Noosa Shire Council Subordinate Local Law No. 2 (Animal Management) 2015
Noosa Shire Council Local Law No. 3 (Community and Environmental Management) 2015
Noosa Shire Council Subordinate Local Law No. 3 (Community and Environmental Management)
2015
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads)
2015 Noosa Shire Council Subordinate Local Law No. 4 (Local Government Controlled Areas,
Facilities and Roads) 2015
Noosa Shire Council Local Law No. 5 (Parking) 2015
Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015
Noosa Shire Council Local Law No. 6 (Bathing Reserves) 2015
Noosa Shire Council Subordinate Local Law No. 6 (Bathing Reserves) 2015
Noosa Shire Council Local Law No.7 Waste Management 2018
Delegated Power:
1. To exercise the powers of local government under the Local Government’s Local Laws
including but not limited to the following:
(a) keep and maintain a register;
(b) approve a form, accept or obtain a certificate, renew, refuse, extend, transfer, amend,
suspend, restrict, request further reasonable information or clarification, impose
prescribed conditions, cancel, make null and void, apply and amend conditions,
waive requirements and grant an approval1;
(c) give a written, information, impounding, show cause or compliance notice; (d) take
a sample for analysis;
(e) offer a reward for information;
(f) recover the cost of an action from the responsible person;
(g) review an original decision;
1 An approval means a consent, permit, authorisation, registration, membership, label or approval under a local
government act or a local law and includes all the conditions of a consent, permit, authorisation, registration, membership
or approval.
Page 24 of 50
Section 25
(h) extend the time for making a review on an original decision; (i) give a stop order;
(j) advise the community by signage from where animals are prohibited, or the
designation of dog off leash areas;
(k) declare or revoke an animal other than a dog to be a declared dangerous animal;
(l) establish an animal pound2 or join with another local government or agency to
establish an animal pound;
(m) keep and make available for inspection a register of impounded animals;
(n) make a destruction order and destroy an animal;
(o) dispose of or offer an animal for sale by public auction or tender;
(p) erect, install and maintain a sign;
(q) give a relevant place a name;
(r) seize, impound and dispose of goods and animals;
(s) form an opinion for land adjoining a road to be fenced to prevent risk; and
(t) issue a parking permit.
(u) issue an infringement notice
2. To exercise the powers of local government under Noosa Shire Council Local Law No. 6
(Bathing Reserves) 2015 including the authority to appoint:
(a) an employee of the local government as an authorised person;
(b) other persons who are eligible for appointment as authorised persons under the Local
Government Act 2009;
(c) assign to a lifesaving club the responsibility for patrolling a bathing reserve.
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.
2 Subject to the Planning Act 2016
Page 25 of 50
Section 26
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 26 of 50
Section 27
DELEGATION OF AUTHORITY
TITLE: PEACEFUL ASSEMBLY ACT 1992
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Peaceful Assembly Act 1992
Delegated Power:
1. To exercise the powers of Council pursuant to the Peaceful Assembly Act 1992.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to nominate an officer of Council as a “representative”. Section 4
Power, as a local authority, to give a notice under subsection (2)(b) and impose Sections
conditions in the notice. 10(2)(b) and 11
Power, as an owner or occupier, to give a notice under subsection (2)(c). Section 10(2)(c)
Power, as a relevant authority, to consult under subsections (4) or (5). Sections 11(4) or
(5)
Power, as a relevant authority, to apply to a Magistrates Court for an order Section 12
refusing to authorise the holding of the assembly.
Power, as a relevant authority, to consult with each interested person. Section 13(1)(c)
Power, as a relevant authority, to engage in a mediation process. Section 13(1)(d)
Power, in the circumstances provided in subsection (3), to:- Section 13(3)
(a) fix a reasonable time and place for holding the consultations; and
(b) cause a notice of the time and place to be published in a newspaper
circulating in the area in which the assembly is proposed to be held.
Power, as a relevant authority, to notify the organiser in writing that it does not Section 15(1)
oppose the holding of the assembly.
Power, as a relevant authority, to participate in a mediation process. Section 15(2)
Page 27 of 50
Section 28
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 28 of 50
Section 29
DELEGATION OF AUTHORITY
TITLE: PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL
APPEARANCE SERVICES)
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Public Health (Infection Control for Personal Appearance Services) Act 2003
Delegated Power
1. To exercise powers of the Council pursuant to the Public Health (Infection Control for Personal
Appearance Services) Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Powe/r to have regard to the matters listed in this section in deciding whether a Section 35
person is a suitable person to hold a licence.
Power to have regard to all the matters listed in this section in deciding whether the Section 36
premises at which higher risk personal appearance services are to be provided are
suitable for providing the services.
Power to make inquiries before making a decision regarding sections 35 and 36 Section 37
and, by giving notice to the applicant, require the applicant to give Council, within
the reasonable time of at least 40 days stated in the notice, further information or a
document Council reasonably requires to decide the application.
Power to impose conditions on a licence. Sections 38(2)
and 41(1)(c)
Power to decide the earlier ending date of a licence. Section 40
Power to consider all applications for renewals of licences, and determine whether Section 44
to grant or refuse the application for renewal.
Power to give a notice to a licensee requiring the licensee to give Council, within a Section 45
reasonable period of at least 40 days stated in the notice, further information or a
document Council reasonably requires to decide a licence renewal application.
Power to consider all applications for amendments to licences, and determine Section 47
whether to grant or refuse the application to amend the licence.
Page 29 of 50
Section 30
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to give a notice to the licensee requiring the licensee to give Council, within Section 48
a reasonable period of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide an licence amendment
application.
Power to determine whether to grant or refuse the application to transfer the licence Section 49
by having regard to whether the transferee is a suitable person to hold a licence
and whether the premises are suitable for providing higher risk personal
appearance services.
Power to give a notice to the licensee requiring the licensee to give Council, within Section 50
a reasonable period of at least 40 days stated in the notice, further information or
a document Council reasonably requires to decide a licence transfer application.
Power to, for forming a belief that the ground for suspending or cancelling a licence Section 51(2)
mentioned in subsection (1)(a) exists, have regard to the matters to which Council
may have regard in deciding whether a proposed licensee is a suitable person to
hold the licence
Power to issue a ‘show cause notice’. Section 52
Power to determine whether grounds continue to exist for the suspension or Sections 54 and
cancellation of a licence after issuing the licensee with a ‘show cause’ notice, and 55
if so, determine whether to suspend or cancel the licence.
Power to suspend a licence immediately if Council believes— Section 56
(a) a ground exists to suspend or cancel the licence; and
(b) it is necessary to suspend the licence immediately because there is an
immediate and serious risk of infection to the licensee’s clients.
Power to consider all applications for a replacement licence, and determine whether Section 62
to grant or refuse the application for the replacement licence.
Power to make an agreement with a licensee intending to provide higher risk Section 65(3)
personal appearance services from mobile premises to allow a lesser period for
notification to Council of the licensee’s intentions.
Power to, where Council is the second local government for a licence under the Section 68
Act, notify the first local government where it is reasonable to believe that a mobile
licensee or operator has contravened their licence.
Power to, where Council is the first local government and has been notified by a Section 69
second local government of their reasonable belief that a mobile license holder or
operator has breached their licence conditions, take action under the Act.
Power to appoint authorised persons. Section 70
Power to apply conditions to an authorised person’s powers under the Act by giving Section 72
the person a signed notice.
Page 30 of 50
Section 31
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to issue an identity card to an authorised person. Section 74
Power to monitor compliance with the Act by having authorised persons inspect Section 105
places of business in Council’s areas and recover monitoring costs from business
proprietors.
Power to charge a business proprietor an inspection fee to check if the remedial Section 110
notice given by an authorised person acting for Council to the proprietor has been
complied with.
Power to prosecute a business proprietor or operator for the contravention of a Section 111(7)
relevant provision for which a remedial notice has been issued without an
authorised person first issuing a remedial notice for the contravention.
Power to, at any time, extend the time for applying for a review of Council’s original Section 121(2)
decision relating to a licence application.
Power to, upon request, review an original decision and make a determination Part 7, Division
according to section 122 of the Act. 1
Power to, following the conviction of a person of an offence against this Act, apply Section 137
to the court for an order against the person for the payment of the costs Council
has incurred in taking a thing or doing something else during the investigation of
the offence.
Power to deal with a thing forfeited to Council, including destroying the thing. Section 140
Power to commence proceedings against a person who has committed an offence Section 143
against the Act.
Power to approve forms to be used in the administration and enforcement of the Section 147
Act.
Power to, with regard to an application for registration of premises made under part Section 153
15 of the former regulation, assess the suitability of the application and the
premises under this Act, and make inquiries and require further information or a
document under section 37 of the Act.
Power to, with regard to an application for renewal of registration of premises made Section 154
under part 15 of the former regulation, assess the suitability of the applicant and
the premises under this Act, and make inquiries and require further information or
a document under section 45 of the Act.
Power to, with regard to an application for registration or renewal of registration of Section 155
2 or more premises to which sections 153(2) and 154(2) apply, issue a single
licence to cover all the premises.
Page 31 of 50
Section 32
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 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.
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 32 of 50
Section 33
DELEGATION OF AUTHORITY
TITLE: STATUTORY BODIES FINANCIAL ARRANGEMENTS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Statutory Bodies Financial Arrangements Act 1982
Delegated Power:
1. To exercise powers of the Council pursuant to the Statutory Bodies Financial Arrangements
Act 1982.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a statutory body, to operate a deposit and withdrawal account with Section 31(1)
a financial institution.
Power, as a statutory body, to keep records that show Council has invested in Section 47(2)
the way most appropriate in all the circumstances
Power, as a statutory body, to sign documents for a financial arrangement Section 62 (1)
under the Act.
Power, as a statutory body, to keep a register of the Treasurer’s approvals Section 74
under Part 9, Division 3 of the Act for Council’s exercise of a power.
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 33 of 50
Section 34
DELEGATION OF AUTHORITY
TITLE: SURVEY AND MAPPING INFRASTRUCTURE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257 Survey Mapping
and Infrastructure Act 2003
Delegated Power:
1. To exercise the powers of the Council pursuant to the Survey Mapping and Infrastructure Act
2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an owner or occupier of land, to consent to a surveyor placing a Section 21(2)
permanent survey mark on the land.
Power, as a public authority that placed, or requested to be placed, a survey Section 34
mark, to give to the chief executive a copy of a survey plan or other information
necessary to establish a survey mark as a recognised permanent survey mark.
Power, where the survey mark is on a road under the control of Council, to Section 39
maintain the integrity of survey markers, and provide updated information to
the survey control register.
Power, as a public authority, where the survey mark is on land, other than Section 40
roads, controlled by Council, to maintain the integrity of survey markers, and
provide updated information to the survey control register.
Power, as a public authority, where a person interferes with a recognised Section 44
permanent survey mark, to take action reasonably necessary to reinstate the
physical and survey integrity of a recognised permanent survey marker.
Power, as a public authority, to provide the chief executive with information Section 49
about the boundaries of an administrative area.
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 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.
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
Page 34 of 50
Section 35
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 35 of 50
Section 36
DELEGATION OF AUTHORITY
TITLE: TORUMS - TRANSPORT OPERATIONS (ROAD USE
MANAGEMENT)
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 259
Transport Operations (Road Use Management) Act 1995
Delegated Power:
1. To exercise powers of the Council pursuant to the Transport Operations (Road Use
Management) Act 1995.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to install and remove official traffic signs on Council’s roads, off-street Section 69
regulated parking areas and, with the chief executive’s written consent, on
declared roads.
Power to install official traffic signs where reasonably satisfied that there is a Section 71
danger, hindrance, obstruction to traffic or other emergency.
Power to take proceedings against a person who has committed an offence under Section 74(2)
section 74(1) of Transport Operations (Road Use Management) Act.
Power to remove unauthorised traffic signs. Section 75(1)
Power to commence proceedings against a person who has injured one of Section 76(1)
Council’s official traffic signs.
Power to remove and detain at a place for safe keeping any vehicles, trams and Section 100
animals and any goods, equipment or thing contained in, on or about the vehicle,
tram or animal, where the requirements of section 100(1) are satisfied.
Power to regulate parking in its area on a road (other than a declared road), on Section 101(1)
a declared road (with the chief executive’s written permission) or on an off-street
regulated parking area.
Power to regulate parking by installing official traffic signs indicating how parking Section 102(1)
is regulated.
Power to exercise control over land for use as an off-street parking area under Section 104
an arrangement with a person who owns or has an interest in the land.
Page 36 of 50
Section 37
Power to install a parking meter or parkatarea for a designated parking space if Section 105(5)
it is installed in a way specified by the MUTCD or approved by the chief
executive.
Power to enter into an agreement with the commissioner of police in respect of Section 109(1)
annual or periodical payments to the commissioner of police for costs incurred
in the carrying out of duties by police officers enforcing parking regulations.
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
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 37 of 50
Section 38
DELEGATION OF AUTHORITY
TITLE: INDUSTRIAL RELATIONS
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Industrial Relations Act 2016
Industrial Relations Regulation 2018
Delegated Power:
1. To exercise powers of the Council pursuant to the Industrial Relations Act 2016.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, to ask or require an employee to work additional hours if Section 23(2)
the hours are reasonable under section 26.
Power, as the employer, to agree with an employee who is not covered by an Section 25(1)
applicable industrial instrument, to an averaging arrangement.
Power, as the employer, to decide an employee’s request for flexible working Sections 28(1)
arrangements with or without conditions. and (2)
Power, as the employer, to give written notice of the decision on an employee’s Section 28(3)
request for flexible working arrangements.
Power, as the employer, to agree when an employee is to take annual leave. Section 33(1)
Power, as the employer, and where the employer and employee cannot agree Section 33(3)
when the employee is to take annual leave, to decide when the employee is to
take the leave and give the applicable notice to the employee.
Power, as the employer, to agree that an employee may take annual leave before Section 33(4) l
becoming entitled to it.
Power, as the employer, to agree to pay the employee for annual leave otherwise Section 35(1)
than in advance.
Power, as the employer, to agree that an employee may cash out a particular Section 37(2)
amount of annual leave.
Power, as the employer, to pay an employee for annual leave not taken on Section 38(3)
termination of employment.
Page 38 of 50
Section 39
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, to agree to an employee taking additional unpaid carer’s Section 42(4)
leave.
Power, as the employer, to agree to an employee who is a short term casual Section 43(3)
taking additional unpaid carer’s leave.
Power, as the employer, to agree to an employee who is a long term casual taking Section 44(3)
additional unpaid carer’s leave.
Power, as the employer, to require an employee to give a doctor’s certificate or Section 45(1)
statutory declaration as evidence of the need to take carer’s leave for more than
2 consecutive days.
Power, as the employer, to require an employee to give a statutory declaration Section 45(2)
or evidence mentioned in section 45(3)(a) to (d) as evidence of the need to take
carer’s leave to care for or support a person who has experienced domestic
violence.
Power, as the employer, to require an employee to give a copy of a funeral notice Section 49(1)
or other evidence as evidence of a death resulting in the taking of bereavement
leave.
Power, as the employer, to require an employee to give evidence to satisfy a Section 49(2)
reasonable person that the employee was taking compassionate leave because
the life of a member of the employee’s family or household was threatened by
personal illness or personal injury.
Power, as the employer, to agree to an employee taking additional unpaid Section 50
bereavement leave or compassionate leave.
Power, as the employer, to agree to an employee taking unpaid cultural leave Section 51(2)
Power, as the employer, to agree to an employee taking additional unpaid Section 52(5)
domestic and family violence leave.
Power, as the employer, and where an employee has claimed domestic and Section 54(1)
family violence leave, to ask the employee for evidence that the employee has
experienced domestic violence and needs to take leave as a result.
Power, as the employer, to inform the employee his/her entitlements and Section 71(2)
obligations under chapter 2, part 3, division 8.
Power, as the employer that has decided to implement significant change at a Section 72
workplace, to advise employees on parental leave about the proposed change
before it is implemented and give each employee reasonable opportunity to
discuss any significant effect the change will have on the employee’s position.
Power, as the employer, to agree to an employee entitled to parental leave under Section 73(2)
subdivision 2, or who is taking parental leave, making more than 1 application
under subsection (1) within a 12-month period in relation to a particular instance
of parental leave.
Page 39 of 50
Section 40
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, to agree to an employee on parental leave, making more Section 74(2)
than 1 application under subsection (1) within a 12-month period.
Power, as the employer, to decide an application by an employee entitled to or Section 76
taking parental leave to extend parental leave if the circumstances of section 73
exist, to discuss the application and to give written notice of that decision.
Power, as the employer, to decide an application by an employee on parental Section 76
leave to return to work on a part-time basis pursuant to section 74, to discuss the
application and to give written notice of that decision.
Power, as the employer, to nominate a time for the employee to resume work. Section 78(3)
Power, as the employer, to agree to an employee taking paid sick leave or other Section 79(3)
paid leave whilst the employee is on unpaid parental leave.
Power, as the employer, to agree to an employee on parental leave performing Section 80(1)(b)
work on a keeping in touch day.
Power, as the employer, to agree that an employee break the period of parental Section 81
leave by returning to work.
Power, as the employer, to agree to an employee on parental leave shortening Section 83
the period of leave.
Power, as the employer, to give notice to the employee of the day on which the Section 84
employee must return to work and, if the employee returns to work, to cancel the
rest of the parental leave.
Power, as the employer of a female employee whose present work is, because Section 89
of her pregnancy or breastfeeding, a risk to the health or safety of the employee
or her unborn or newborn child, to temporarily adjust the employee’s working
conditions or hours of work, or transfer the employee to other appropriate work.
Power, as the employer of a replacement employee, to give the replacement Section 92(1)
employee written notice of the temporary nature of the employment and the
parent’s right to return to work.
Power, as the employer, to agree when an employee is to take long service Section 97(2)
leave.
Power, as the employer, and where the employer and employee cannot agree Section 97(3)
when the employee is to take long service leave, to decide when the employee
is to take the leave and give the applicable notice to the employee.
Power, as the employer, where the employee is on long service leave and where Section 98(4)
the ordinary rate is increased or reduced, to pay the employee at the increased
or reduced rate for the leave period to which the increased or reduced rate
applies.
Page 40 of 50
Section 41
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, to agree on when, and the way in which, the employee Section 101
will be paid for long service leave.
Power, as the employer of a casual or regular part-time employee, to agree that Section 104
the employee’s entitlement to long service leave may be taken in the form of its
full time equivalent.
Power, as the employer, to agree in writing with the employee that the employee Section 110(2)
be paid for all or part of an entitlement to long service leave instead of taking the
leave.
Power, as the employer, upon an employee’s death, to pay the employee’s legal Section 111(2)
personal representative any amount payable for the employee’s entitlement to
long service leave that has not already been paid.
Power, as the employer, to ask an employee to work on a public holiday if the Section 116(2)
request is reasonable.
Power, as the employer, to dismiss an employee if the circumstances of section Section 121(1)
121(1) exist.
Power, as the employer who obtains other acceptable employment for the Section 127(2)
employee or cannot pay the amount, to apply to the commission for an order
reducing the amount of the redundancy pay to a stated amount the commission
considers appropriate.
Power, as the employer, to give each employee before, or as soon as practicable Section 129
after, the employee starts working for the employer, the information and
documents required by section 129(1).
Power, as the employer, where a magistrate has made an order about an offence Section 137(9)
against section 137(4) and that order states both alternatives of section 137(8),
to decide how to comply with that order in terms of the alternatives.
Power, as an employer, to apply to the commission to:- Section
(a) make a modern award; or 147(2)(b)
(b) make an order varying a modern award.
Power, as an employer, to apply to the commission to make an order revoking a Section
modern award. 150(3)(b)(iii)
Power, as a person to whom a modern award applies, to apply to the commission Section
to review the award. 156(1)(b)(i)
Power, as an employer, to make a certified agreement with 1 or more employee Section 165
organisations that represent, or are entitled to represent, Council’s employees,
or the employees of Council at the time the agreement is made.
Power, as an employer, to consent to the making of a bargaining award. Section 167(a)
Page 41 of 50
Section 42
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a proposer, to give a notice of intention to:- Section 169(2)
(a) the other proposed parties to the negotiations;
(b) if the negotiations relate to a project agreement—all relevant employee
organisations and the commission.
Power, as a recipient of a notice of intention where the negotiations:- (a) Section 170(2)
relate to a project agreement; or
(b) involve a multi-employer agreement, to give written notice of Council’s
intention to be a party to the negotiations to the proposer and the commission.
Power, as the employer and where the circumstances of section 171(1) exist, to Section 171(2)
take reasonable steps to ensure compliance with section 171(2).
Power, as the employer and where the circumstances of section 171(1) exist, to Section 171(4)
give the relevant employee organisation a reasonable opportunity to represent
the employee as required by section 171(4).
Power, as the employer and where the circumstances of section 172(1) exist, to Section 172(2)
negotiate with the single bargaining unit.
Power, as negotiating party, to negotiate in good faith and do all things listed in Section 173
subsections (2) and (3).
Power, as negotiating party, where the peace obligation period has ended, to ask Section
the commission to help the parties reach an agreement. 175(1)(b)
Power, as one of the negotiating parties, to notify the commission that the parties Section 175(2)
intend to resume negotiating without the commission’s help.
Power, as a negotiating party, to comply with an attendance notice and negotiate Section 176(2)
on Council’s behalf at a conciliation conference.
Power, as one of the negotiating parties, to apply to the commission for arbitration Section 178(1)
of the matter.
Power, as one of the negotiating parties, to agree matters with the other Section 181(1)
negotiating parties before or during an arbitration of the matter.
Power, as a negotiating party, to agree with the other negotiating parties the Section 183(1)
nominal expiry date for the arbitration determination.
Power, as a negotiating party, to apply to the commission for a scope order. Section 184(1)
Power, as a party to an agreement, to apply to the commission to certify the Section 189(1)
agreement.
Page 42 of 50
Section 43
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a party to a proposed bargaining award, to apply to the commission to:- Section 190(2)
(a) make the bargaining award; and
(b) terminate the relevant modern award.
Power, as a person who will be covered by a proposed bargaining instrument, to Section 194
take action that may be necessary to enable the commission to grant the
application, including participating in a conciliation on Council’s behalf.
Power, as a party to a proposed bargaining instrument, to sign it on Council’s Section
behalf. 196(1)(b)
Power, as an employer in the circumstances set out in subsection (1), to apply to Section 213(3)
the commission for a decision under subsection (3).
Power, as the employer, on or before the nominal expiry date of a bargaining Section 223(1)
instrument, to, apply to the commission to extend the nominal expiry date.
Power, as an employer, to apply to the commission to amend a bargaining Section 225(1)
instrument.
Power, as an approving party, to approve an amendment to a bargaining Section
instrument. 225(2)(a)(i)
Power, as a person to whom a bargaining instrument applies, to apply to the Section 225(5)
commission to amend the instrument in one of the ways set out in subsection (5)
and to agree to any amendment.
Power, as a party to a bargaining award or a proposed new party to the award, Section 226(2)
to, in the circumstances set out in subsection (1), apply to the commission to
amend the bargaining award so the award applies to the proposed new party.
Power, as the employer, on or before the nominal expiry date of a certified Section 227(1)
agreement or arbitration determination, to apply to the commission to terminate
the agreement or determination.
Power, as the employer, after the nominal expiry date of a certified agreement or Section 228(1)
arbitration determination, to apply to the commission to terminate the agreement
or determination.
Power, as the person who intends to terminate the agreement or determination Section 228(2)
to give all other persons to whom the agreement or determination applies, notice
of the intention.
Power, as a party to an agreement or determination that does not provide for the Section
way it may be terminated, to agree to the agreement or determination being 228(3)(b)(i)
terminated.
Page 43 of 50
Section 44
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a negotiating party for a proposed bargaining instrument, to take Section 232
protected industrial action for the proposed instrument subject to the
requirements of Chapter 4, Part 8.
Power, as the employer intending to take the industrial action, to give notice of Section 236
the intention to all of the negotiating parties for the proposed bargaining
instrument, either in writing or by taking other reasonable steps to notify
employees of the intended action.
Power, as the employer taking industrial action that is the lockout of an employee, Section 237(3)
to refuse to pay the employee for the period of the lockout.
Power, as a negotiating party for a proposed bargaining instrument, to apply to Section 240(1)
the commission for an order to suspend or terminate protected industrial action
for the proposed bargaining instrument being engaged in, or threatened to be
engaged in.
Power, as a negotiating party for a proposed bargaining instrument, to apply to Section 241(1)
the commission for an order to suspend or terminate protected industrial action
for the proposed bargaining instrument being engaged in, where the industrial
action has threatened, is threatening or would threaten:-
(a) to endanger the life, personal safety or health, or welfare of the State’s
population or part of it; or
(b) to cause significant damage to the State’s economy or an important part
of it.
Power, as the employer, to apply to the registrar for a certificate stating that the Section 242(2)
employer need not negotiate with an employee organisation under chapter 4
because of a circumstance in section 171(5).
Power, as a party to a certified agreement or a bargaining award, to sign the Section 250(3)
affidavit prepared pursuant to subsection (2) on behalf of Council.
Power, as a relevant party subject to a direction of the commission, to comply Section 251(4)
with the direction on behalf of Council, including signing any affidavit required
under subsection (3).
Power, as a party to an industrial dispute, in the circumstances referred to in Section 261(1)
subsection (1), to give the registrar written notice of the dispute.
Power, as a party directly involved in an industrial cause, to request the registrar Section 263(a)
act as mediator in the cause.
Power, as a person served with an attendance notice, to attend the compulsory Section 264(1)
conference and agree to measures which attempt to prevent or settle the dispute.
Power, as a person the subject of an order, to prepare, file and sign an affidavit Section 265(3)
under subsection (3)(c).
Page 44 of 50
Section 45
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person served with a show cause notice, to show cause to the full Section 265(7)
bench at the stated time why Council should not be dealt with under section 266.
Power, as the employer, to pay or refuse to pay, an employee for a period when Section 268(1)
the employee engages in a strike.
Power, as an employer against whom the strike was organised, engaged in or Section 269(2)
threated, to make an application to the commission for an order for a
contravention of section 268.
Power, as a person who has been affected by a contravention of Chapter 8, Part Section 309(1)
1, to apply to the commission for the commission to deal with the dispute.
Power, as an applicant or an employer, to attend a conciliation conference at a Section 312(2)
stated time and place and attempt to settle the matter on behalf of Council.
Power, as an employer, to attend a conciliation conference at a stated time and Section 318(2)
place and attempt to settle the matter on behalf of Council.
Power, as a party, to seek further conciliation, or settle the matter, at any time Section 318(5)
before an order is made under section 321 or 322.
Power, as the employer that has decided to dismiss 15 or more employees for Section 329(1)
economic, technological or structural reasons, to dismiss the employees if the
circumstances of section 329(1) apply and give the requisite notices.
Power, as the employer, to give each employee organisation the opportunity to Section 330
consult on the ways listed in section 330(1).
Power, as the employer, to stand down an employee if the circumstances of Section 333
section 333 apply.
Power, as the employer, to apply to the commission for an authorised officer’s Section 338(1)
authority under section 337 to be revoked or suspended.
Power, as the employer, to keep a time and wages record for each industrial 339(1)
instrument employee as required by section 339.
Power, as the employer and upon request by the employee, to give the employee Section 339(5)
a certificate stating the total hours recorded under section 339(1)(d) for the
employee, worked out to the previous 30 June.
Power, as the employer, to keep a time and wages record for each non-industrial 340(1)
instrument employee as required by section 340.
Power, as the employer and upon request by the employee, to give the employee Section 340(5)
a certificate stating the total hours recorded under section 340(1)(d) for the
employee, worked out to the previous 30 June.
Page 45 of 50
Section 46
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, to keep an employee register as required by section 341. 341(1)
Power, as the employer, when paying an employee wages, to give the employee 343(1)
a written statement as required by section 343(2).
Power, as the employer, when asked by the inspector to inspect, or for electronic 344(2)
access to, the time and wages record, to comply with the request.
Power, as the employer, when asked by the registrar to inspect, or for electronic 346(2)
access to, the time and wages record, to comply with the request.
Power, as the employer, when directed by the registrar, to give the employee 346(4)
register or index to a stated person, at a stated reasonable time and place.
Power, as the employer, to agree to an employee inspecting the time and wages Section 347
record for that employee’s particulars, as permitted by section 347(2)(a) and (b),
and to give the particulars to the employee in writing.
Power, as the employer, to agree to an employee inspecting the time and wages Section 347(2)
record:-
(a) more than once in any 12-month period; or
(b) outside the employer’s business hours; or (c) during the
employee’s working time.
Power, as the employer, to require an authorised officer to produce the officer’s Section 348(2)
authorisation.
Power, as the employer, where an authorised officer fails to produce the officer’s Section 348(5)
authorisation, to treat the office as a trespasser.
Power, as the employer, when asked by the authorised officer for an item in Section 350
section 350(1), to comply with the request and to refuse to comply if the
circumstances of section 350(3) or 350(5) exist.
Power, as the employer, to keep an accurate written account of the amounts Section 359(4)
received from the prime contractor, and of the way the amounts have been
disbursed or disposed of.
Power, as the employer, to produce the account for inspection to an employee in Sections 359(5)
the circumstances set out in subsection (a) to (c) and allow the employee to make and (6)
a copy of the account.
Power, as a prime contractor served with an attachment notice, to keep from the Section 361(2)
amounts payable, or to become payable, by the prime contractor to the employer
for the contracted work, an amount sufficient to satisfy:-
(a) the claim for wages stated in the notice; and
(b) all further claims for wages stated in notices of attachment served on the
prime contractor within 7 days after the service of the first notice.
Page 46 of 50
Section 47
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a prime contractor served with an attachment notice, to pay the amount Section 361(4)
to which the notice relates to a clerk of the Magistrates Court.
Power, as a prime contractor, to pay the amount stated in the relevant order to Section 362(4)
the employee from the amounts attached and kept in the hands of the prime
contractor.
Power, as a prime contractor, to ask the employee to sign a discharge for the Section 366
amount paid for a claim for wages to which an order under section 362 relates.
Power, as the employer, where an employee’s consent authorising a deduction Section 371(5)
to be made from wages is not written, to, before making the deduction, give the
employee written acknowledgement of the consent.
Power, as the employer, to pay each employee’s wages at least monthly to the Section 373(1)
employee.
Power, as the employer, where the circumstances in subsection (1) apply, to Section 375(2)
immediately at the end of the 30 days, pay the wages payable to the former
employee to the nearest clerk of the Magistrates Court.
Power, as the employer, to recover an amount to which the employee is not Section 376(2)
entitled by deducting amounts from the employee’s wages for a subsequent pay
period or periods.
Power, as the employer, where an employee ceases employment without giving Section 377
the employer the notice required by an industrial instrument, to deduct from the
employee’s wages an amount stated by an industrial instrument.
Power, as the employer, to contribute, for eligible employees, to the approved Section 394(1)
superannuation fund at the level required by the relevant industrial instrument.
Power, as a person who may be directly affected by the declaration, to apply to Section 463(1)
the commission for a declaration about an industrial matter.
Power, as an employer, to apply to the commission for an interpretation of an Sections 467(1)
industrial instrument, other than a certified agreement or bargaining award. and 468(1)
Power, as a person bound by the agreement, to apply to the commission for an Sections 467(1)
interpretation of a certified agreement or bargaining award. 468(2)
Power, as a party to an industrial cause, to agree in writing to the parties Sections 469(1)
requesting the commission to assist the parties in negotiating or resolving a and (2)
matter relevant to the industrial cause, whether or not the matter is within the
jurisdiction of the commission and to agree that the request being amended.
Power, as a party to an industrial cause, to agree, in writing, for the decision of the Section 469(4)
commission to bind the parties.
Power, as a party to a dispute, to make a referral agreement with the other parties Section
to the dispute. 470(1)(b)
Page 47 of 50
Section 48
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a party to a dispute, in the circumstances set out in subsection (1), to Section 470(2)
apply to the commission for the commission to perform its dispute resolution
functions.
Power, as a party to a contract, in the circumstances set out in subsection (1), to Section 471(1)
apply to the commission for the commission to amend or declare void (wholly or
partly) the contract.
Power, as a person under section 474, to apply to the commission for the Section 473(1)
commission to grant an injunction:-
(a) to compel compliance with an industrial instrument, a permit or this Act; or
(b) to restrain or prevent a contravention, or continuance of a contravention,
of an industrial instrument, a permit or this Act.
Power, as an employer, to apply to the full bench for the orders set out in section Section 479
479 about a demarcation dispute.
Power, as a person mentioned in section 485, to apply to the full bench or the Section 484(1) I
commission for proceedings to be reopened.
Power, as a party to proceedings, to appoint in writing, an agent to represent Section
Council in the proceedings. 529(1)(a)
Power, as a person aggrieved by a decision of the court or the full bench Section 554(1)
constituted by the president and 2 or more other members, to appeal to the Court
of Appeal.
Power, as a person aggrieved by a decision of the full bench constituted by the Section 554(2)
president and 2 or more other members, to seek the leave of the Court of Appeal
to appeal.
Power, as a person aggrieved by a decision of a magistrate, to appeal to the court. Section 556
Power, as a person aggrieved by a decision of the commission, to appeal to the Section 557(1)
court.
Power, as a person aggrieved by a decision of the commission, to seek the leave Section 557(2)
of the court to appeal.
Power, as a person aggrieved by a decision of the registrar, to appeal to the full Section 560(1)
bench.
Power, as a person aggrieved by a decision of the registrar, to seek the leave of Section 560(2)
the full bench to appeal.
Power to apply to the industrial tribunal to allow a longer period in which to start Section 564(2)
an appeal.
Page 48 of 50
Section 49
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person mentioned in column 2 of schedule 3, to apply to the relevant Section 572
industrial tribunal for an order in relation to a contravention, or alleged
contravention, of a civil penalty provision.
Power, as a person subject to a requirement from an inspector to produce a Section 912(2)
document, to comply with the requirement.
Power, as an employer subject to a written demand by an inspector under Section 915(2)
subsection (1), to comply with the demand.
Power, as an employer, to pay wages payment to an employee under the Act, a Section
relevant industrial instrument or a permit, in accordance with the employee’s 928(1)(b)
written direction.
Power, as the employer in a workplace where an industrial instrument applies, to Section 934(2)
display a copy of the industrial instrument as required by section 934(2).
Power, as the employer, where a person whose employment with the employer Section 935(2)
has been terminated has asked for a certificate described in section 935(1), to
give the certificate.
2. To exercise powers of the Council pursuant to the Industrial Relations Regulation 2018.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as the employer, when working out continuous service under section Section 4(1)(c)
123(1) of the Industrial Relations Act 2016, to notify the employee that another
absence from work breaks the employee’s continuous service
Power, as the employer, when working out continuous service under section Section 4(5)(b)
123(1) of the Industrial Relations Act 2016, to withdraw a notice to the
employee given under section 4(1)(c)
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:
Page 49 of 50
Section 50
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.
1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.
Page 50 of 50