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. 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.

Register of Authorisations

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

224. Authorised Officers

  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.

  2. The Council must issue an identity card to each authorised officer.
  3. 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. 

      (3A) If a Council appoints a police officer to be an authorised officer under sub-section (1), for the purposes of this section the police officer’s certificate of identity is deemed to be an identity card issued under section 224(2) and is deemed to comply with section 224(3). 

  4. An authorised officer must produce his or her identity card upon being requested to do so.
  5. 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. 
  6. 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.

    Penalty: 10 penalty units

  7. 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.
  8. A person is guilty of an offence and liable to a fine not exceeding 60 penalty units if he or she—
  1. refuses to give his or her name and address upon demand by an authorised officer; or
  2. obstructs or hinders an authorised officer while performing his or her duty; or
  3. falsely represents himself or herself to be an authorised officer.

224A. Police may act as Authorised Officers to enforce certain local laws

  1. This section applies if a provision of a local law of a Council regulates the use, possession or consumption of alcohol.
  2. The Council may publish a notice in the Government Gazette identifying the provision of the local law and stating that any police officer may enforce that provision.
  3. If the Council publishes such a notice, any police officer may enforce the provision as if he or she was appointed to be an authorised officer under section 224 with respect to the provision.
  4. For the purposes of sub-section (3), a police officer’s certificate of identity is deemed to be an identity card issued under section 224(2) and is deemed to comply with section 224(3).

A register maintained under section 224(1A) of the Local Government Act 1989 of authorised officers appointed under that section:

Authorised Officers Register(PDF, 142KB)

Further information

For further information on delegations to staff, please contact Coordinator Governance & Procurement on 1300 88 22 33.