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Delegations to 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. Maroondah has many delegations under a wide range of legislation, and such arrangements are appropriate given the diversity of services provided by Council.

Maroondah's 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 (the most common form)
  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.

Please note that delegations are to the position and not to individual officers ensuring that the delegations are also applicable to anyone acting in those positions.

It is also important to appreciate that Council can still make a decision on any issue delegated, providing the delegate has not already made a decision or taken action.

Any decisions made by the delegates are, for all legal purposes, a decision of Council itself: i.e. once a decision of a delegate has been made, it is taken to be the decision of Council itself. It is extremely important that decisions and actions taken under delegations be properly documented, and delegates should keep appropriate records of actions taken under delegation. A number of these recording procedures already exist; for instance, the issuing of planning permits would be entered into a register.

Delegations to staff listing 

To simplify the ability to locate delegations, they have been incorporated into one PDF document. Delegations are organised via Act/Regulation, and the delegations direct from the Chief Executive Officer regarding his powers are included as the penultimate section within the document. The Acts and sections that are shaded indicate that they are delegated directly from Council.

You can search the document by Act/Regulation, section/clause or by Officer title. There is a list of definitions at the start of the document to help you understand the standard terms used; for example, Managers, Team Leaders.

Delegations - Complete Listing  (pdf, 2MB)

Further information

For further information on Delegations to staff, please contact Stephen Onans, Governance Coordinator on 1300 88 22 33.

24/09/2019
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