Delegations and Authorisations to Council Staff

Delegations & Authorisations to Council Staff

Delegations are a power or duty or function of Council that are delegated to member(s) of Council staff via a formal resolution of Council.

Delegations are a highly effective means of streamlining decision-making and enables Council to concentrate on the broader strategic issues rather than administrative and routine matters. Yarriambiack Shire Council has many delegations under a wide range of legislation, and such arrangements are appropriate given the diversity of services provided by Council.

Yarriambiack Shire Council delegations are based on the format prescribed by Council solicitors, Maddocks, with updates being provided twice a year. All delegations are subject to a formal Instrument of Delegation. There are three types of Instruments:

  1. Council to the Chief Executive Officer – with the Chief Executive Officer having power to sub-delegate to staff
  2. Council direct to Council staff. A small number of acts do not permit any sub-delegation and these are delegated direct from Council to staff, for instance delegations under the Planning and Environment Act 1987 and the majority of the Food Act 1984
  3. Chief Executive Officer delegating a number of his powers under the Local Government Act direct to staff.

Statutory Provisions relating to the appointment of Authorised Officers under s 224(1A) of the Local Government Act 1989:

  1. A Council may appoint any person other than a Councillor to be an authorised officer for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council.

(1A) A Council must maintain a register that shows the names of all people appointed by it to be authorised officers.

  1. The Council must issue an identity card to each authorised officer.
  2. An identity card must—
    1. contain a photograph of the authorised officer; and
    2. contain the signature of the authorised officer; and
    3. be signed by a member of Council staff appointed for the purpose. 
  1. An authorised officer must produce his or her identity card upon being requested to do so.
  2. An action taken or thing done by an authorised person is not invalidated by the failure of an authorised officer to produce his or her identity card. 
  3. For the purposes of this section, an authorised officer may demand the name and address of a person who has committed, or who the authorised officer reasonably suspects has committed or is about to commit, an offence against any Act, regulation or local law in respect of which he or she is appointed.

(6A) In making such a demand, the authorised officer must inform the person of the grounds on which the demand is made in sufficient detail to enable the person to understand the nature of the offence or suspected offence.

  1. An authorised officer may enter any land or building in the municipal district at any reasonable time to carry out and enforce this or any other Act or any regulation or local law.

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