2020-02-11 Services and Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                               11 FEBRUARY 2020


powers must be exercised subject to any applicable criteria and procedures detailed in the
delegations.
The development or amendment of delegations does not require community consultation as they
are purely an administrative process that provides the CEO with the necessary authority under
the various Acts.
Section 257 (Delegation by the Local Government) of the Local Government Act 2009 (QLD)
(“LG Act”) allows, by resolution, a local government to delegate its powers under the Act to the
Mayor, CEO, a standing committee or a joint standing committee.
As mentioned earlier, the Human Rights Act 2019 has come into full effect on 1 January 2020.
Therefore, it is appropriate for Council to review and delegate new powers to the Chief Executive
Officer so that authorised positions are able to effectively carry out their duties in accordance with
the Act.
The new Delegations Register for the Human Rights Act 2019 has been provided by the Local
Government Association of Queensland (LGAQ). This Register includes all the powers identified
by King & Company for LGAQ for the Local Government Act 2009.
Previous Council Consideration
Nil.

Finance
Nil.

Risks & Opportunities
Failure to comply with legislative requirements may result in a high volumes of complaints and
external reviews by the Human Rights Commission, which will ultimately affect Council’s
reputation and legal obligations. Similarly, 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.
Consultation
External Consultation - Community & Stakeholder
Advice has been sought from the Human Rights Commission through their compliance training
program. Additionally, other councils have also been consulted on implementation activities in
relation to compliance with the Act.

Internal Consultation
Departments/Sections Consulted:
X      Chief Executive Officer   X   Community Services                      X   Corporate Services
       Executive Officer         X   Director                                X   Director
       Executive Support             Community Development                       Financial Services
                                 X   Community Facilities                        ICT
                                     Libraries & Galleries                   X   Procurement & Fleet
                                 X   Local Laws                                  Property
                                     Waste & Environmental Health                Revenue Services

X      Executive Services        X   Environment & Sustainable Development   X   Infrastructure Services
X      Director                  X   Director                                X   Director
       Community Engagement          Building & Plumbing Services                Asset Management
       Customer Service              Development Assessment                      Buildings and Facilities
X      Governance                    Economic Development                        Civil Operations
X      People and Culture            Environmental Services                      Disaster Management
                                     Strategic Land Use Planning                 Infrastructure Planning, Design and Delivery




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