2020-09-08 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                            8 SEPTEMBER 2020


Delegation of power from the Council to CEO
In accordance with section 257 (1) of the LGA, Council may delegate a power under this Act, or
another Act, to the Mayor or CEO. The delegation of powers to the CEO allows for the more
efficient and timely resolution of a range of administrative matters.
It is a matter for the Council to decide if one or more, or even the majority of powers contained
within the Council Register are excluded from delegation to the CEO. If Council chooses to
exclude a power from delegation to the CEO, then Council alone may exercise the relevant
power.
Council must formally resolve to delegate its powers under the Council Register to the CEO, as
provided in Attachments 1, 2 and 3. It is important to note that Council may retract or condition a
delegation of power from the CEO as desired.
Delegation of power from the CEO to Employee or Contractor
The CEO has particular powers provided by legislation by virtue of holding the position of CEO
within the Local Government. In accordance with section 259 of the LGA, the CEO may delegate
a power provided by legislation or Council resolution to an appropriately qualified employee or
contractor of Council.
Pending adoption by Council, the CEO, in consultation with the Governance Branch, Directors
and Managers, will on-delegate various powers to relevant positions within the organisation to
ensure efficient operations and service to our community.
Council’s Delegations Register
Pursuant to section 257(5) of the LGA, Delegations to the CEO by Council must be reviewed by
the local government annually. This ensures that the Delegations align with any relevant
legislative changes and new legislation enacted during the previous year.
In accordance with the LGA, Council has in place a Register of Delegations recording all
delegations made by the Council to the CEO, and delegations, which the CEO has on delegated
to various employees and contractors, through Delegations of Authority. The Register of
Delegations must be made available to the public for inspection upon request.
If Council resolves to adopt the Recommendations made in this Report, the changes to the
Delegations Register will take immediate effect.

2. Annual Delegations Review Process
Pursuant to section 257(5) of the LGA delegations to the CEO must be reviewed annually by the
local government. Council previously adopted its current delegations at the Ordinary Meeting of
21 February 2019.
King and Company Solicitors updates the Council Register and CEO Register during the two
major Queensland Parliamentary recesses (Summer and Winter), working through changes
made to Acts and Regulations. Updates to the Register’s may result from:
1.   Changes to relevant State legislation;
2.   Introductions of new State legislation; or
3.   Improvements to the register as identified by King and Company Solicitors
The Governance Team uses the content of the above registers to undertake a comprehensive
review of Council’s Delegation of Authority Register and presents to Council any changes to
current delegations and new delegations to maintain the currency of Council’s Delegation
Register. The review process is outlined in the following diagram.




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