2020-09-08 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                 8 SEPTEMBER 2020


Ordinary Meeting Minutes, 21 February 2019, Item 5, Page 6
That Council note the report by the Governance Officer to the Services & Organisation
Committee Meeting dated 12 February 2019 and adopt:
A.          Pursuant to section 257 of the Local Government Act 2009 (LGA), to delegate the powers
            of the Local Government outlined in the Delegations of Authority provided at Attachment 1,
            to the Chief Executive Officer;
B.          Pursuant to section 257 of the Local Government Act 2009 (LGA), to delegate the powers
            of the Local Government outlined in the Delegations of Authority provided at Attachment 2,
            to the Chief Executive Officer; and
C.          Pursuant to section 257 of the Local Government Act 2009 (LGA), to delegate the powers
            of the Local Government outlined in the Delegations of Authority provided at Attachment 3,
            to the Chief Executive Officer
Finance
Nil.

Risks & Opportunities

Operationally, if delegations are not current or Council Officers operate outside of their delegated
authority, relevant decisions made and action taken may be considered unauthorised and subject
to legal challenge. This may expose Council to the risk of unnecessary and expensive legal
action by third parties and reputational damage.

All of Council’s delegations contain the following conditions to manage the risk of Council Officers
acting beyond the appropriate delegated authority:

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.
All Council Officers and Contractors with delegated powers approved by the CEO are provided
with a memorandum outlining the powers delegated to them.

Consultation
External Consultation - Community & Stakeholder
The Governance Branch consults with the Principal Advisor of LGAQ in relation to delegation
matters, as required.




                                                                                         Page 8 of 48