2019-02-12 Attachment 2 to Item 5 - Updated Delegations

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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