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2019-02-12 Attachment 2 to Item 5 - Updated Delegations
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Services and Organisation Committee
12 February 2019
Att 2 to Item 5
DELEGATION OF AUTHORITY
TITLE: HEAVY VEHICLE
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Heavy Vehicle (Mass, Dimension and Loading) National Regulation
Heavy Vehicle National Law (Qld)
Heavy Vehicle National Law Regulation 2014
Delegated Power:
1. To exercise the powers of Council pursuant to the Heavy Vehicle (Mass, Dimension and
Loading) National Regulation.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to consent to the making of an HML declaration Section 14(3)
subject to conditions
Power, as a road manager for a HML declaration, to request the regulator to Section 14(4)
amend or cancel the declaration.
Power, as a relevant road manager for an HML declaration, to consent to the Section 14 (3)
making of the declaration subject to the condition that stated intelligent access
conditions are imposed on the use of a stated type of HML heavy vehicle under
the higher mass limits in an area or on a route to which the declaration applies.
Power, as a relevant road manager for an HML declaration, to give written Sections 14(4)
reasons for a decision made under subsection 14(3) to the Regulator.
Power, as a relevant road manager for an HML declaration in the circumstances Section 18
set out in subsection 18(1), to ask the Regulator to do one or more of the things
listed in subsection 18(2).
Power, as a road manager, to consent to the granting of an HML permit. Sections
22(1)(b) and 23
Power, as a road manager, to consent to the granting of an HML permit subject Section 24(1)(a)
to conditions
Power, as a road manager, to consent to amendment of an HML. Section 29(4)
Power, as a road manager for a HML permit, to request the regulator to amend Section 31(2)
or cancel the permit.
Power, as a road manager, to consent to a declaration of the regulator pursuant Section 41(1)
to section 40.
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Section 2
2. To exercise the powers of Council pursuant to the Heavy Vehicle National Law (Qld).
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to consent to the grant of a mass or dimension Section 156(1
authority.
Power, as a road manager, to ask the regulator for a longer period of time under Section 156(2)
section 156(1)(b).
Power, as a road manager, to give the regulator a written statement that Section 156(6)
explains the road manager’s decision and complies with section 172.
Power, as a road manager, to notify the regulator:- Section 159(2)
(a) that a route assessment is required for the road manager deciding
whether to give or not to give the consent;
(b) the fee payable (if any) for the route assessment under a law of the
jurisdiction in which the road is situated.
Power, as a road manager, to consent to the grant a mass or dimension Sections
authority subject to conditions. 160(1), 161(1)
and 162(1)
Power, as a road manager for a mass or dimension authority, to give the Sections
regulator a written statement that explains the road manager’s decision and 160(2), 161(2)
complies with section 172. and 162(2)
Power, as a road manager for a mass or dimension authority, to seek an 167(2)(b)(ii)
extension of time to give a notice under section 167(2)(b).
Power, as a road manager for a mass or dimension authority, to give consent to Section 169(1)
the grant of a mass or dimension authority for a trial period of no more than 3
months.
Power, as a road manager for a mass or dimension authority, to object to the Section 170(3)
renewal of the authority for a further trial period.
Power, as a road manager for a mass or dimension authority granted by Section 174(2)
Commonwealth gazette notice, to request the regulator to amend or cancel the
authority if the circumstances of section 174(1) exist..
Power, as a road manager for a mass or dimension authority granted by permit, Section 178(2)
to request the regulator to amend or cancel the authority if the circumstances of
section 178(1) exist. .
Power, as a road manager, to apply to the Court for a compensation order. Section 611(2)
Power, as a road manager and public authority, to sign a certificate. Section
612(2)(c)
Power, as a road manager and reviewer, to agree to a longer prescribed period Section 645(6)
for a review of a reviewable decision.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to agree to a longer prescribed period for a review of Section 645(6)
a reviewable decision...
3. To exercise the powers of Council pursuant to the Heavy Vehicle National Law Regulation
2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a road manager, to set the fee payable for a route assessment. Section 4 (2)
Page 2 of 3
Section 3
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 3 of 3
Section 4
DELEGATION OF AUTHORITY
TITLE: LOCAL GOVERMENT ACT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009
To exercise the powers of Council pursuant to the Local Government Act 2009.
DESCRIPTION OF POWER DELEGATED LEGISLATION
(THE ACT)
Local Government Employees
Power to decide to take no further action in relation to a complaint assessed to Section 176C(3)
be about a frivolous matter or made vexatiously, or that the complaint is lacking
in substance.
Power to appoint local government employees (other than senior executive Section 196(3)
employees).
Power to take disciplinary action against a local government employee. Section 197(1)
Authorised Persons
Power to appoint a qualified person to be an authorised person. Section 202(1)
Power to determine the competencies necessary to perform the responsibilities Section 202(2)
required to be performed by the authorised person.
Power to give written notice of conditions of appointment. Section 202(5)
Power to issue an identity card to an authorised person Section 204
The Public – Authorised Persons Power to Enter Property
Power to give or to attempt to give an occupier of a property a written notice that Section 133
informs the occupier of the local government’s intention to enter the property.
Power to assess, agree and pay compensation for damage or loss incurred by a Section 137
person because of the exercise, or purported exercise, of a power under division
1 part 2 chapter 5 of the Local Government Act 2009.
Power to authorise an employee or agent of the local government to act as a Section 138(5)
local government worker.
Power to give each local government worker an identity card. Section 138A(1)
Power to give a reasonable entry notice, as defined by section 138AA (4), to the Section 142(2)
occupier of a property that a local government worker may enter the property
and take action required under a remedial notice.
Power to recover as a debt the amount that the local government properly and Section 142(4)
reasonably incurs in taking the action from the person who failed to take the
action.
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Section 5
DESCRIPTION OF POWER DELEGATED LEGISLATION
(THE ACT)
Power to recover a debt payable under section 142 of the Local Government Act Section 142 (7)
2009 as if the debt were an overdue rate.
Power to give reasonable entry notice to the owner and the occupier of rateable Section 143
land of entry by a local government worker to search for and remove materials.
Power to agree and to pay the amount of compensation payable to a person Section 147
who incurs damage or loss during the course of the exercise, or purported
exercise, of a power under division 2, part 2, chapter 5 of the Local Government
Act 2009.
Power to request the conduct tribunal to:- Section 150DU
(a) investigate the suspected inappropriate conduct of a councillor referred
to the local government, by the assessor, to be dealt with by the local
government; and
(b) make recommendations to the local government about dealing with the
conduct.
Legal Provisions
Power to effect substituted service. Section 239
Power to authorise an employee in any legal proceedings – Section 240(1)
(a) to give instructions and act as the authorised agent for the local
government; and
(b) sign all documents for the local government.
Missing Property
Power to give written notice to the auditor general and the police of missing Section 307A
property of the local government which has a total value of $1,000.00 or more.
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 2 of 2
Section 6
DELEGATION OF AUTHORITY
TITLE: STATE PENALTIES ENFORCEMENT
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
State Penalties Enforcement Act 1999
Delegated Power:
1. To exercise powers of the Council pursuant to the State Penalties Enforcement Act 1999.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as administering authority, to approve a form for an Section 15(1)
infringement notice.
Power, as administering authority, to approve (or refuse where the Section 23
conditions in this section have not been complied with) an
application for payment of a fine by instalments.
Power, as administering authority, to submit particulars required Section 24(1)
for registration of approval of instalment payments with the State
Penalties Enforcement Registry.
Power, as administering authority, to withdraw an infringement Section 28(1) and (2)
notice at any time before the fine is satisfied in full and take steps
required by subsection 2..
Power, as administering authority, to give the State Penalties Section 33(1)
Enforcement Registry a default certificate for registration in respect
of any recipient of an infringement notice who has not taken action
within the time period provided by the infringement notice.
Power, as administering authority, to Section 57(5)
(a) commence proceedings against an applicant for an offence;
or
(b) accept payment of the fine in full; or
(c) issue a fresh infringement notice
where the registrar has cancelled an enforcement notice and
referred the matter back to Council.
Power, as an employer who pays earnings to an employee for Section 81
whom a fine collection notice for redirection of the enforcement
debtor’s earnings is in force, to when paying the earnings, deduct
an amount from the earnings as required under Part 5, Division 4.
Power, as an administering authority, to state any matter in Section 157(2) State
subsection (2) is evidence of the matter. Penalties
Page 1 of 2
Section 7
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an administering authority, to request the Registrar to Section 157(4)
give a certificate under subsection (3).
Power to approve forms for use as infringement notices. Section 162
2. To exercise powers as a delegated officer under the State Penalties Enforcement Act 1999.
DESCRIPTION OF POWER DELEGATED LEGISLATION
NOTE: No power to delegate CEO’s powers included in State
Penalties Enforcement Act 1999 Section 259 of the LGA sufficient.
Section 27A(12) of the Acts Interpretation Act 1954 would prevent
sub-delegation.
Power to delegate Council’s powers as administering authority Section 160
under the State Penalties Enforcement Act to an appropriately
qualified person.
Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council; resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
exercise any delegated power in accordance with the scope and limitations of the subject
officer’s letter of appointment and/or, position description, qualifications, technical
knowledge and legislative requirements.
3. In the event that there is a change to any Delegate Position as set out in the schedule of
this instrument (Former Delegated Position) which is not then reflected in this Instrument:
a. for any Former Delegated Position that remains in existence and has been renamed, the
reference in this Instrument to the Former Delegated Position will be read as a reference
to the renamed position; and
b. for and Former Delegated Position that ceases to exist, the reference in this Instrument
to the Former Delegated Position will be read as being a reference to the position that
then most closely resembles the Former Delegated Position.
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 2 of 2
Section 8
DELEGATION OF AUTHORITY TITLE: WASTE REDUCTION & RECYCLING Delegation by the Council to: Date: Chief Executive Officer Source of Authority: Local Government Act 2009 – Section 257 Waste Reduction and Recycling Act 2011 Waste Reduction and Recycling Regulation 2011 Delegated Power: 1. To exercise powers of the Council pursuant to the Waste Reduction and Recycling Act 2011. DESCRIPTION OF POWER DELEGATED LEGISLATION NOTE: The State (via DERM as it was previously known) has delegated certain powers of the chief executive to local governments under section 263(1)(b) of the Waste Reduction and Recycling Act 2011 This has been done via: *the Waste Reduction and Recycling (Local Government) Delegation (No. 1) 2015. The delegations specifically include the power to sub-delegate to an “appropriately qualified entity” Power, as the operator of a waste disposal site required to hold an Section 43 environmental authority for the disposal of more than 10000t of waste in a year at the site to install prescribed under a regulation, to install and keep in proper working order, a weighbridge (Nb. this obligation does not come into operation until the day provided in section 8(2) of the Regulation). Power, as the operator of a waste disposal site at which a weighbridge is Section 44 installed, to measure and record waste. Power, as the operator of a waste disposal site, to prepare a waste data Section 52 return for each reporting period. Power to apply to the chief executive for accreditation as scheme manager Section 89 for a voluntary product stewardship scheme. Power, as a participant in an accredited stewardship scheme, to amend Section 95 the scheme by agreement with all other participants in the scheme. Power, as scheme manager of an accredited stewardship scheme that the Section 97 minister is proposing to revoke, to make written submissions to show why the proposed action to revoke the accreditation should not be taken. Power to claim a refund amount for an empty container under chapter 4, Section 99S part 3B, division 3, subdivision 1. and 99U
Section 9
DESCRIPTION OF POWER DELEGATED LEGISLATION Note: this power does not come into effect until 01 November 2018 (section 63 of the Heavy Vehicle National Law and Other Legislation Amendment Act 2018). Power, as delegate of the chief executive administering the Act, to give a Section 110 notice to an adult person. As this power relates to Chapter 5, Part 2 of the Act. Power, as delegate of the chief executive administering the Act, to give a Section 111 notice to an adult person. As this power relates to Chapter 5, Part 2 of the Act. Power, as delegate of the chief executive administering the Act, to direct Section 112 a responsible entity to collect material from premises. As this power relates to Chapter 5, Part 2 of the Act. Power, as a local government, to prepare and implement a waste Section 123 reduction and recycling plan (Nb. this obligation does not commence until 30 June 2015). Power to make written submissions where the chief executive intends to Section 128 prepare a waste reduction and recycling plan for the local government to address an aspect that is relevant to the local government. Power, as a local government, to give the chief executive a report about Section 147 the operation, in the financial year, of all the local government’s waste reduction and recycling plans in force in its local government area (Nb. this obligation does not commence until 2 months after 30 June 2015). Power, as a reporting entity, to give the chief executive a report about the Section 152 entity’s receiving, sorting, recycling, treatment or disposal of waste in the financial year. Power to apply to the chief executive for a specific approval of a resource. Section 157 Power to agree with the chief executive to extend the time for providing Section 158 additional material requested by the chief executive on an application for a specific approval of a resource. Power, as holder of a specific approval of a resource, to apply to the chief Section 168 executive to transfer the benefit of the approval or amend the approval. Power to agree with the chief executive to extend the time for providing Section 169 additional material requested by the chief executive on an application to transfer or amend a specific approval of a resource. Power, in relation to an approval which the minister intends to amend, Section 172 cancel or suspend, to make written submissions to show why the proposed actions should not be taken. Power to apply to the chief executive for an end of waste approval to Section 173I conduct a trial for 1 kind of waste. Power to respond to a request from the chief executive for further Section 173T information or documents required to decide an application under chapter 8A.
Section 10
DESCRIPTION OF POWER DELEGATED LEGISLATION Power, where given, or entitled to be given, an information notice for a Section 175 decision, to apply to the chief executive for an internal review of the decision. Power to, as delegate of the chief executive administering the Act, apply Section 175 for an internal review of the decision. As this power relates to sections 248(2) and 253(3) of the Act. Power to, as delegate of the chief executive administering the Act, Section 176(2) extend the time for making an internal review application. As this power relates to sections 248(2) and 253(3) of the Act. Power, where an internal review application has been made, to apply for Section 177 a stay of the original decision. Power to, as delegate of the chief executive administering the Act, conduct Section 178 an internal review of the original decision and decide the internal review application. As this power relates to sections 248(2) and 253(3) of the Act. Power to, as delegate of the chief executive administering the Act, give Section 179 notice of an internal review decision. As this power relates to sections 248(2) and 253(3) of the Act. Power, where given, or entitled to be given, a QCAT information notice Section 180 under section 179 of the Waste Reduction and Recycling Act 2011, to apply to QCAT, under the QCAT Act, for external review of the decision. Power, as delegate of the chief executive administering the Act, to appoint Section 183 a person as an authorised person. Any appointment of an authorised and person must be subject to the limitation that an authorised person can only exercise the powers in section 117 and Chapter 10 of the Act in relation to the following offences: - Chapter 5, Parts 1, 2 and 3, Division 1 and 2 of the Act; - Section 251(a); - Section 251(c); - Section 254; and - Section 264 Power, as delegate of the chief executive administering the Act, to issue Section 187 an identity card to an authorised person. Power, as delegate of the chief executive administering the Act, to give a Section 246 show cause notice.As this power relates to sections 103(1), 104(1), 107(1), 108, 109(1) or (2) and 112(2) of the Act. Power, as delegate of the chief executive administering the Act, to give a Sections 248 compliance notice. As this power relates to sections 103(1), 104(1), and 249 107(1), 108, 109(1) or (2) and 112(2) of the Act. Power, as delegate of the chief executive administering the Act, to give a Sections 253 notice requiring the person to commission a waste audit and to provide a waste report on the audit. As this power relates to section 104 of the Act Power to bring a proceeding in a Magistrates Court for an order to remedy Section 261 or restrain an offence against the Act. or a threatened or anticipated offence against the Act.
Section 11
2. To exercise powers of the Council pursuant to the Waste Reduction and Recycling
Regulation 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, where Council has, by resolution, designated areas to conduct Section 7(b)
general waste or green waste collection, to decide the frequency of
general waste or green waste collection in designated areas.
Power to give the information required by sections 41Q(2) and 41Q(3) to Section 41Q
the Chief Executive
Power to give the information required by sections 41ZL(1) and 41ZL(2) Section 41ZL
to the Chief Executive.
Power to prepare an emergency plan and keep it up to date. Section 41ZM
Any 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.
Section 12
DELEGATION OF AUTHORITY
TITLE: WORKERS COMPENSATION, REHABILITATION AND
WORK HEALTH AND SAFETY
Delegation by the Council to: Date:
Chief Executive Officer
Source of Authority:
Local Government Act 2009 – Section 257
Workers’ Compensation and Rehabilitation Act 2003
Workers’ Compensation and Rehabilitation Regulation 2014
Work Health and Safety Act 2011
Work Health and Safety Regulation 2011
Delegated Power:
1. To exercise the powers of Council pursuant to the Workers’ Compensation and
Rehabilitation Act 2003.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer, to insure and keep insured all Council’s employees and Section 48
Councillors.
Power, as an employer who is not a self-insurer, and who is or is required to be Section 66(2)
insured under a WorkCover policy, to pay the weekly payment of compensation
payable to an injured worker during the excess period.
Power, as an employer who is not a self-insurer, to pay compensation for an Section 109(4)
injury sustained by a worker where the worker has made an application for
compensation under section 132 and Council has complied with section 133A.
Power, as an employer, other than a self-insurer, to give WorkCover written Section 133A
notice in the approved form if:-
(a) a worker asks the employer for compensation for an injury sustained by
the worker; or
(b) the employer pays the worker an amount, either in compensation or
instead of compensation, that is payable by the employer or WorkCover
under the Act for an injury sustained by the worker.
Power, as an employer, to pay compensation to an injured worker for the day the Section 144
worker stops work because of the injury.
Power, as an employer, to pay the amount of the first charge or the whole of the Section
damages to the insurer. 207B(3)
Power, as an employer, to appoint a Rehabilitation and Return to Work Section 226
Coordinator where the employer meets the criteria prescribed under a regulation.
Power, as an employer, to prepare and have in place a workplace rehabilitation Section 227
policy and procedure, and review those policies and procedures every 3 years.
Power, as an employer, to assist or provide an injured worker with rehabilitation. Section 228(1)
and 228(2)
Page 1 of 6
Section 13
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to comply with the requirement of an authorised person to give information Section 532C
or produce documents required under section 532C.
Power, as an employer or contractor, to keep the documents about workers, and Section 532D
contracts for the performance of work, prescribed under a regulation.
Power to apply for a review of a decision identified in section 540(1) of the Section 541
Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to conduct the application and to appear at the hearing.
Power to appeal to an appeal body against the following decisions of the Section 549,
Regulator or the insurer: 550, 552A and
(a) a review decision, other than a decision to return a matter to a decision- 554
maker under section 545 of the Workers’ Compensation and Rehabilitation
Act 2003; and
(b) a decision under Chapter 3 or Chapter 4 of the Workers’ Compensation and
Rehabilitation Act 2003 that is not a decision mentioned in section 540(1) (a
non-reviewable decision),and to take all steps necessary to file and serve
the notice of appeal and conduct the appeal, to appear at any conference in
the proceeding and to appear at the hearing.
Power to seek the consent of the other party or the leave of the appeal body for 552B
Council to be represented by a lawyer at a conference under section 552A or at
the hearing of an appeal.
Power to appeal against a decision of the Regulator identified in section 567 of Section 568
the Workers’ Compensation and Rehabilitation Act 2003 and to take all steps
necessary to file and serve the notice of appeal and conduct the appeal, to
appear at any conference in the proceeding and to appear at the hearing.
Power, as a prospective employer, to request in writing that a prospective worker Section 571B
disclose to Council the worker’s pre-existing injury or medical condition, if any.
Power, as a prospective employer, to apply to the Regulator for a prospective Section 571D
worker’s claims history summary.
Power, as a principal contractor for a construction project to, by written notice, to Section 576C
ask the relevant contractor for a copy of a required document.
2. To exercise the powers of council pursuant to the Workers’ Compensation and
Rehabilitation Regulation 2014.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as an employer of employees to appoint 1 rehabilitation and return to Section 115(3)
work coordinator for more than one workplace.
Page 2 of 6
Section 14
3. To exercise the powers of council pursuant to the Work Health and Safety Act 2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to notify the regulator after becoming aware a notifiable incident has Section 38
occurred
Power to consult with workers who are, or are likely to be, directly affected by a Section 47
matter relating to work health or safety
Power to facilitate the conduct of an election for 1 or more health and safety Sections 51
representatives to represent workers to 54
Power to make an application to the commission to disqualify a health and safety Section 65
representative.
Power to comply with the general obligations of a person conducting a business Section 70
or undertaking provided in section 70.
Power to refuse on reasonable grounds to grant access to the workplace to a Section 71(5)
person assisting a health and safety representative for a workgroup.
Power, as person conducting a business or undertaking, to refuse to grant Section 71(7)
access to information mentioned in section 70(1)(c) if the information is
confidential commercial information.
Power to ask the regulator to appoint an inspector to decide the matter. Section 72(5)
Power as a person conducting a business or undertaking to comply with Section 74
subsections (a) to (c).
Power to establish a health and safety committee. Sections 75 to
78
Power, as a party to an issue, to resolve the issue in accordance with an agreed Section 80
procedure or the default procedure. and 81
Power to ask the regulator to appoint an inspector to assist in resolving the issue. Section 82(2)
Power to direct the worker to carry out suitable alternative work at the same or Section 87
another workplace.
Power to ask the regulator to appoint an inspector to attend the workplace to Section 89
assist in resolving an issue arising from a cessation of work.
Power to give a copy of the provisional improvement notice to the regulator. Section 97A
Power to give the industrial registrar written notice of the dispute Section 102B
Power to appeal a decision of the Commission given under Part 5, Division 7A. Section 102G
Power, as a person conducting a business or undertaking, to appoint a work Section 103A
health and safety officer for that business or undertaking.
Power, as a person conducting a business or undertaking, to instruct a work Section 103F
health and safety officer to take reasonable action to eliminate or minimise risks
to health and safety.
Power to apply to the Magistrates Court for an order under section 112 about Section 112
engaging in or inducing discriminatory or coercive conduct.
Power to apply to the Commission to revoke a WHS entry permit. Section 138
Power to appeal a decision of the commission. Section 140
Page 3 of 6
Section 15
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to ask the regulator to appoint an inspector to attend the workplace to Section 141
assist in resolving the dispute
Power to appeal a decision of the Commission. Section 142A
Power to apply to the Commission for it to deal with the dispute. Section 142
(4)
Power to apply to the regulator for the return of a seized thing. Section 180
Power to demand that the regulator allow the CEO to inspect a seized thing Section 181
and if the seized thing is a document to make copies of it.
Power to claim compensation from the State. Section 184
Power to make a written undertaking (a WHS undertaking) in connection with a Section 216
matter relating to a contravention or alleged contravention of the Work Health
and Safety Act.
Power, as a person who has made a WHS undertaking, to at any time, with the Section 221
agreement of the regulator, withdraw the undertaking or vary the undertaking.
Power, as an eligible person in relation to a reviewable decision to apply to the Section 224
regulator for an internal review of the decision.
Power, as an eligible person to apply to the external review body for review of a Section 229 to
reviewable decision made by the regulator or a decision made, or taken to have 229E
been made, on an internal review.
Power to appeal a decision of the commission. Section 229F
Power to, in the circumstances provided in subsections (1) or (1A), make a Section 231(1)
written request to the regulator that a prosecution be brought. and (1A)
Power to, in the circumstances provided in subsection (3), request the regulator Section 231(3)
to refer the matter to the director of public prosecutions.
4. To exercise the powers of Council pursuant to the Work Health and Safety Regulation
2011.
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a person conducting a business or undertaking at a workplace, to Section 43
prepare, maintain and implement an emergency plan.
Power, as a person conducting a business or undertaking at a workplace, to Section 85 (4)
maintain a written record of the evidence provided under subsections (1), (2)
and (3).
Power to apply to the regulator for a licence to carry out demolition work. Section 144B
Power to make a submission to the regulator in relation to a proposed refusal Section 144I
Power, as a holder of a licence to carry out demolition work, to make a Section 144P
submission to the regulator in relation to a proposed amendment to a licence.
Power, as a holder of a licence to carry out demolition work to apply to the Section
regulator to amend the licence. 144Q(1)
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Section 16
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power after receiving a written notice of intention to refuse an application to Section
amend the licence from the regulator, to make a submission to the regulator in 144Q(2)
relation to the proposed refusal.
Power to apply to the regulator for a replacement document. Section 144U
Power, as a holder of a licence to carry out demolition work to voluntarily Section 144V
surrender the licence document to the regulator.
Power, as a holder of a licence to carry out demolition work to make a Section 144Y
submission to the regulator in relation to the proposed suspension, cancellation
and/or disqualification.
Power, as a person with management or control of an item of plant stated in Section 265
schedule 5, part 2, to apply to the regulator for the registration of that item of
plant.
Power to respond to a notice from the regulator on a proposal to refuse Section
registration of an item of plant stated in schedule 5, part 2. 270(1)(b)
Power to respond to a notice from the regulator on a proposal to cancel the Section 288C
registration of an item of plant stated in schedule 5, part 2.
Power to return the registration document for an item of plant stated in Section 288D
schedule 5, part 2 to the regulator.
Power, as a person conducting a business or undertaking, to obtain the current Section 344
safety data sheet for a hazardous chemical used at a workplace
Power, as a person conducting a business or undertaking, to prepare and Section 346
maintain a register of hazardous chemical used at a workplace
Power to apply in writing to the regulator for authorisation to use, handle or Section 383
store a prohibited carcinogen or restricted carcinogen
Power to ensure that all asbestos or asbestos contaminated material at a Section 422(1)
workplace is identified by a competent person.
Power to ensure that the presence and location of all asbestos or asbestos Section 424
contaminated material at a workplace is clearly indicated and if practicable
labelled.
Power to prepare, maintain and review an asbestos register for each Sections
workplace. 425(1) and
426
Power to prepare, maintain and review an asbestos management plan for each Section 429
workplace. and 430
Power, as an eligible person in relation to a reviewable decision set out in Section 678(1)
section 676 of the Work Health and Safety Regulation, to apply to the regulator
for an internal review of a decision.
Power, as an eligible person in relation to a reviewable decision under section Section 678(2)
89(5), 118(5), 256(5), 269(5) or 497(5) of the Work Health and Safety
Regulation to apply to the regulator for an internal review of the decision.
Power, as an eligible person to apply to QCAT for an external review of Section 683
reviewable decision made by the regulator or of a decision made, or taken to
have been made, on an internal review.
Power to apply for an exemption from compliance with any provision of the Section 684
Work Health and Safety Regulation.
Page 5 of 6
Section 17
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 6