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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.

                                                                                        Page 1 of 3
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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.
                                                                                       Page 1 of 2

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)



                                                                                         Page 4 of 6

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.




          .




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