2019-02-12 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                             12 FEBRUARY 2019


    Land (Land Act 1994);
    Land Valuation Act (Land Valuations Act 2010);
    Liquor (Liquor Act 1992);
    Local Laws (Local Government Act 2009 & Council Local Laws);
    Local Government Authority to Sign (Local Government Act 2009);
    Local Government Roads & Stormwater (Local Government Act 2009);
    Local Government Payroll (Local Government Act 2009);
    Local Government Rates (Local Government Act 2009);
    Planning Act 2016 (Planning Act 2016, Planning Regulation 2017 and Development
      Assessment Rules);
    Plumbing and Drainage (Plumbing & Drainage Act 2002 and Standard Plumbing & Drainage
      Regulation 2003);
    Procurement & Contracting (Local Government Act 2009 and Local Government Regulation
      2012);
    Public Health (Public Health Act 2005 and Public Health Regulation 2005);
    Public Health Infection Control (Public Health Infection Control for Personal Appearance
      Services Act 2003);
    Public Interest Disclosure (Public Interest Disclosure Act 2010);
    Right to Information (Right to Information Act 2009);
    Statutory Bodies Financial Arrangement (Statutory Bodies Financial Arrangements Act 1982);
    Survey Mapping & Infrastructure (Survey Mapping & Infrastructure Act 2003);and
    TORUM (Transport Operations (Road Use Management) Act 1995).

The complete Delegations of Authority relating to the above list are provided at Attachment 3.
Council’s delegation of these powers remain unchanged from the previous year.

Previous Council Consideration
The current delegations were adopted by Council at the Ordinary Meeting held on 21 December
2017 as follows:
ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY
That Council note the report by the Governance Officer to the Services & Organisation
Committee Meeting dated 12 December 2017 and: A. Pursuant to section 257 of the Local
Government Act 2009, agree to delegate the powers of the Local Government to the Chief
Executive Officer outlined in the Delegations of Authority provided at Attachment 1 with the
exception of the powers relating to the compulsory acquisition of land pursuant to the Acquisition
of Land Act 1967; and B. Pursuant to section 257 of the Local Government Act 2009, agree to
delegate the powers of the Local Government to the Chief Executive Officer outlined in the
Delegations of Authority provided at Attachment 2.

Finance & Risk
Operationally, if delegations are not current or 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.
The majority of Council’s delegations contain the following conditions to manage the risk of
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.
                                                                                   Page 31 of 130