Delegations

Sections 11 (1) and 63 of the Local Government Act 2020 (the Act) provides that a Council may establish Delegated Committees and may by Instrument of Delegation (Delegation) delegate certain powers, duties and functions to a Delegated Committee.

A prime objective of the Act is to give Councils greater flexibility in exercising their powers and carrying out their functions and duties. The guiding principle in relation to Delegations is that they should be seen as a tool to enable decisions to be made at the most appropriate level of the organisation. 

A Delegation is a form which sets out who the delegate is and what power is conferred upon that delegate. Delegations are essential to enable Council staff to carry out operational duties particularly in areas which involve enforcement, such as town planning, local laws, environmental health, animal management and parking control. Delegations must, by law, also be available for public inspection, so it is essential they are updated regularly.  Activity undertaken by officers under delegated authority will continue to be reported to Council on a regular basis.

Description of Instrument

Power, Duty or Function

Date of Last Review

Delegation from Council to Delegated Committee of Council ( PDF 530.69KB)

Exercise Council’s functions and powers and perform Council’s duties in relation to the management of the City.

24 August 2020 (signed 25 August 2020). In force immediately upon signing ie 25/8/20.

Delegation from Council to CEO ( PDF 128.77KB)

General power to determine any issue, take any action or do any act or thing arising out of or connected with any duty imposed, or function or power conferred on Council by or under any Act - subject to conditions and limitations identified in the Instrument.

22 June 2020 (signed and sealed same date). In force immediately upon Council adoption ie 22/6/2020.

Delegation from Council to various members of Council Staff ( PDF 968.8KB)

Statutory functions of Council under certain Acts and Regulations which did not expressly authorise sub-delegation.

17 May 2021  In force immediately upon signing  17/5/21.

Delegation from CEO to Staff (s13) ( PDF 369.41KB)

Statutory functions of Council under the Local Government Act 1989 and 2020 (these are the powers, duties and functions vested directly in the CO, rather than in the Council) and pursuant to the Act, can be delegated to Council staff.

17 May 2021

Instrument of Sub Delegation from CEO to Staff (s7) ( PDF 1.61MB) Statutory functions of Council under all other Acts, Regulations and Whitehorse Local Laws, together with various miscellaneous and administrative powers. 1 July 2021

Delegation from MBS to Building Staff (s12) ( PDF 485.1KB)

Statutory functions under the Building Act 1993 and Building Regulations to specific Building Staff.

31 August 2020 (signed)

Delegation from CEO to staff  - VicSmart Applications (s14) ( PDF 251.5KB)

Statutory functions under the Planning and Environment Act 1987, in relation to VicSmart applications.

17 May 2021