Delegations

Sections 86(1) and (3) of the Local Government Act 1989 (the Act) provides that a Council may establish Special Committees and may by Instrument of Delegation (Delegation) delegate certain powers, duties and functions to a Special Committee.

Section 98(1) of the Act provides that a Council may by Delegation, delegate to a member of its staff any power, duty or function of the Council under the Act, or any other Act, other than some powers which are reserved for a Council decision. 

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 Special Committee of Council ( PDF 556.92KB)

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

21 August 2017 (signed and sealed 24 August 2017) In force immediately upon affixing of Common Seal ie 24/8/17.

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 (s6) ( PDF 2.2MB)

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

27 May 2019 (signed and sealed 4 June 2019) In force immediately upon affixing Common Seal ie 4/6/19

Delegation from Council to various members of Council staff under  the Planning and Environment Act 1987 and Regulations (s6) ( PDF 3.68MB)

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

27 May 2019 (signed and sealed 4 June 2019) In force immediately upon affixing Common Seal ie 4/6/19

Sub-delegation from CEO  to various members of Council staff (s7) ( PDF 1.7MB)

Statutory functions of Council under all other Acts, Regulations and Whitehorse Local Laws, together with various miscellaneous and administrative powers.

CEO Approval on 7 April 2020 and sealed on same date.

Delegation from CEO to Staff (s13) ( PDF 1.91MB)

Statutory functions of Council under the Local Govt Act 1989 (these are the powers, duties and functions vested directly in the CEO, rather than in the Council) and pursuant to s98(2) of the Act, can be delegated to Council staff.

30 April 2019 (Approved EMT signed 10 May 2019) In force immediately upon execution ie 10/5/19.

Delegation from MBS to Building Staff (s12) ( PDF 2.24MB)

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

12 April 2019 (signed)

Delegation from CEO to staff  - VicSmart Applications (s14) ( PDF 922.36KB)

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

30 April 2019 (Approved EMT signed 10 May 2019) In force immediately upon execution ie 10/5/19.