Register of Delegations
The Local Government Act 1995 (the Act) was introduced on 1 July 1996 and made significant changes to the way local government conducts its business. Its general aim was to enable local governments to provide good, open and accountable government to its people.
One of the changes was the degree of delegated authority available to be passed onto the Chief Executive Officer or a committee in order to manage the day-to-day operations of the Shire.
The Act allows for a local government to delegate to the Chief Executive Officer the exercise of any of its powers or the discharge of any of its duties under the Act. All delegations made by the Council must be by an absolute majority decision.
The following are decisions that cannot be delegated to the Chief Executive Officer:
- Any power or duty that requires a decision of an absolute majority or 75% majority of the local government,
- Accepting a tender that exceeds an amount set by the local government,
- Appointing an auditor,
- Acquiring or disposing of property valued at an amount higher than that determined by the local government,
- Any of the local government’s powers under section 5.98, 5.99 and 5.100 of the Act,
- Borrowing money on behalf of the local government,
- Hearing or determining an objection of a kind referred to in section 9.5,
- Any power or duty that requires the approval of the Minister or Governor, or
- Such other duties or powers that may be prescribed by the Act.
The Act allows for the Chief Executive Officer to delegate any of his/her powers to another employee – this must be done in writing. The Act allows for the Chief Executive Officer to place conditions on any delegations if he/she desires.
A register of delegations (being this document) relevant to the Chief Executive Officer and other employees is to be kept and reviewed at least once every financial year.
If a person is exercising a power or duty that he/she has been delegated, the Act requires him/her to keep necessary records of the exercise of the power or discharge of the duty. The written record is to contain: - How the person exercised the power or discharged the duty;
- When the person exercised the power or discharged the duty; and
- The person or classes of person, other than council or committee members or employees of the local government, directly affected by the exercise of the power or discharge of the duty.
The aim of this register of delegations is to assist with improving the time taken to make decisions within the constraints allowed by the relevant legislation. This is consistent with the Shire’s commitment to a strong customer service focus.
Documents
| File Type | File Size | File Name | File Description |  | 564kb | Register of Delegations | Document detailing the degree of delegated authority available to be passed onto the Chief Executive Officer or a committee in order to manage the day-to-day operations of the Shire. |
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