Intro
September 2022
This guideline has been developed by the Department of Local Government, Sport and Cultural Industries (DLGSC) following a review of the previous guideline from January 2007 regarding delegations. A series of changes have been made over various years to the Local Government Act 1995 and regulations which need to be reflected in this guideline. Likewise the broader legislation that local governments administer has also changed significantly since 2007 including:
In addition, following the Local Government Legislation Amendment Act 2019 there have been reforms of the powers relating to authorised persons. This guideline will now also address this form of decision making.
Within the context of government administration and administrative law, this guideline:
This guideline also contains a list of various powers and duties in the Local Government Act 1995, Cat Act 2011 and Dog Act 1976 and their associated regulations and identifies powers and duties capable of delegation and to who they can be delegated.
This guideline, while making mention of delegations that can be given under the Building Act 2011, Bush Fires Act 1954, Public Health Act 2016, Food Act 2008, Graffiti Vandalism Act 2016 does not address these acts in a comprehensive manner as they are not legislation that is administered by the Department of Local Government, Sport and Cultural Industries.
The DLGSC also notes that some state government authorities have delegated to local governments, their CEOs and employees certain functions under various acts including the Planning and Development Act 2005 and Environmental Protection Act 1986.
Nothing in this guideline is intended to constitute legal advice, and independent legal advice should be sought where required.
Local Governments in Western Australia can make decisions in various ways based upon the framework established by the Local Government Act 1995 and the varied functions conferred on local government in various other laws.
There are 2 critical decision making bodies in local government, the council, which is the principal decision making body and the CEO, who is conferred with certain functions under the LG Act. Other laws delegate additional powers and functions to these bodies.
Where a particular power or function is attributed to a 'local government' then this power may be exercised by the council. Likewise, where a function is directed to the 'CEO' of the local government, then the CEO may exercise that power. An example of an express power is the power of delegation itself, as found in section 5.42 for the council and 5.44 for the CEO of the Local Government Act 1995.
A council makes decisions by the passing of a resolution, with the support of the required majority.
A CEO can make a decision in writing and may do so verbally, if permitted by the law (however, a written decision is always preferrable to ensure clarity and a clear record is kept).
However, if a Council or CEO had to exercise every function they are conferred by the law, it would likely result in an unmanageable situation. As a result, the Local Government Act 1995 and other Acts allow for a local government and the CEO, to delegate their functions, to authorise a person to exercise certain functions and where appropriate to act through.
Case law establishes that:
Delegations are used in local government in a number of circumstances including where:
Several potential delegated functions may also be matters that may be subject to review or appeal at the State Administrative Tribunal or a court. As a result it is important that persons to who a delegation is given are suitably qualified to make those decisions. This is important as delegating to a qualified decision maker will ensure decisions are being made by a person with suitable training and experience.
While there is a requirement for local government delegations to be authorised by the particular law (as is explained in part 3.2 of these guidelines), there is no limitation (unless expressly provided in the law) on appointing a person to act on behalf of the local government or the CEO, provided the delegated power does not include the power of delegation itself.
Likewise certain functions in various laws may be exercised by a person with an authorisation given under the relevant law. These authorised persons can then exercise the particular functions that the authorised class of persons may exercise.
There is a legal distinction between a delegation and an authorisation. A delegation entails the conferral of full discretionary powers pursuant to an express statutory power. A delegate makes a decision in their own name. An authorisation is an authority granted to a position or person to undertake a function for and on behalf of the authoriser. The authorised person makes a decision in the name of the authoriser, not their own name.
The Local Government Act 1995 and various other Acts confer functions on authorised persons. These include powers to:
Some local laws confer functions on ‘authorised persons’ for the purpose of the relevant local law. Once an employee is appointed as an ‘authorised person’, it is not necessary for the CEO or council to delegate any powers to that employee in order for that employee to exercise the functions of an authorised person. This includes the function of issuing an infringement notice.
However if the particular function in the local law is that of ‘local government’ or ‘CEO’ then those functions would require delegation, not an authorisation.
The functions of an authorised person are specifically highlighted in the relevant law and an authorisation allows them to exercise only those powers. An authorisation does not allow a person to exercise all the powers of a local government under that law. An authorisation can also be conditional.
For the purposes of the:
A person may be authorised to carry out the functions of an authorised person under those acts by section 9.10 of the Local Government Act 1995. Section 9.10 provides that a local government CEO may appoint in writing persons or a class of persons as authorised persons for one or more of those laws and may specify conditions or limitations. The CEO must issue each person appointed under section 9.10 an identity card which includes the name and insignia of the local government, the name and photograph of the person and details of their appointment.
Other legislation providing for authorisation (or equivalent) are:
An example of a section providing power to an authorised person is section 9.16(1) of the Local Government Act 1995, which provides:
Some legislation that local governments administer do not include any power of delegation or authorisation, as a result this would typically require the council to exercise that function. However, as a result of the decision in Carltona Ltd v Commissioner of Works [1943] 2 All ER 560 which has been introduced into Australian common law by cases such as O’Reilly v State Bank of Victoria Commissioners [1983] HCA 47 there is a concept of implied authorisation.
Implied authorisation provides that where:
The DLGSC does not recommend that implied authorisation be relied upon without obtaining independent legal advice based upon the specifics of the decision. It is recommended that where an implied authority is relied on, an instrument of authorisation be adopted by the Council or CEO, giving authority for the authorised person to exercise the relevant function on their behalf such as a Council policy or CEO’s procedure.
Implied authorisation is highlighted in the case of the certificates issued under sections 39 and 40 of the Liquor Control Act 1988 for local governments which have several potential venues that can serve liquor. The issue of these certificates is not a decision relying on discretion as it provides advice if the venue has the relevant planning, building, health and other local law approvals. To produce this certificate a local government employee needs to search the relevant records and provide the specific facts of previous decisions relating to that property. As a result, the decision can be described in the context of larger local governments as being a situation where:
It is encouraged that a council adopt a policy or some other form of standing resolution or policy, based on independent legal advice, indicating that it grants authority for appropriate local government officers to exercise the functions under sections 39 and 40 of the Liquor Control Act 1988 on its behalf.
In addition to covering delegations, the Local Government Act 1995 provides for ‘acting through’. Section 5.45 of the Act states that in relation to delegations, nothing prevents a ‘local government from performing any of its functions by acting through a person other than the CEO’ or ‘a CEO from performing any of his or her functions by acting through another person’.
The Act does not specifically define the meaning of the term ‘acting through’. However, the key difference between a delegation and ‘acting through’ is that a delegate exercises the delegated decision making function in his or her own right. Where a person has no discretion in carrying out a function, then that function may be undertaken by another through the ‘acting through’ concept. Alternatively, where the decision allows for discretion on the part of the decision maker, then that function needs to be delegated for another person to have that authority.
For administrative purposes, a person may sign a letter on behalf of the CEO while, with delegated powers, the person would sign a letter in his or her own name, in accordance with the delegated authority.
It is critical in understanding the types of functions that are appropriate for ‘acting through’ another person in preference to delegation. This can be demonstrated through the following example. In this case, the council gives the CEO the power to call tenders subject to certain cost parameters. If that power is delegated, the CEO could call tenders if the CEO believed the cost parameters had been satisfied (even if the council’s opinion was different to the CEO’s opinion). However, under an ‘acting through’ arrangement, the CEO could only call tenders if the council was satisfied about the cost parameters.
Another method of providing decision making authority can be through the policies adopted by the council and the procedures prepared by the CEO.
For example, the purchasing policy adopted by the council should provide authority for the CEO and other employees the CEO authorises to incur liabilities and procure goods and services for the local government.
Likewise, the CEO’s procedure on the proper maintenance and security of the financial records of the local government may set out who can make amendments to the financial journals and the like.
Using policy and procedures in this matter can assist in establishing decision making frameworks where no specific function is provided in the relevant legislation.
Another notable form of decision-making power is the general operational authority of the CEO and other employees of the local government. This authority stems from the CEO’s function to manage the day to day operations of the local government, employee and manage staff and their duties under the Work Health and Safety Act 2020. This includes matters relating to human resources and work health and safety as except for the employment of the CEO and senior employees (if designated pursuant to section 5.37(1)), the responsibilities of the employer are exercised by the CEO and other supervisory staff.
Certain functions of the State Government have been delegated to local governments or employees of those local governments. These include delegations under the Planning and Development Act 2005 and Environmental Protection Act 1986. Local governments should ensure they read and understand the powers and conditions of any delegated authority given to them by the State.
In particular some delegations may be direct to the CEO of the local government meaning that the council of a local government does not have a role in making that decision.
Information regarding delegations to a local government should be sought from the relevant authority making the delegation.
The legislation authorising the delegation of certain local government powers or duties and requiring records to be maintained in respect of such delegations, includes the:
The provisions of the Local Government Act 1995 which provide for delegations by a local government or its CEO are as follows:
The Act has been framed in a way that determines whether powers and duties can be delegated or not, namely:
Section 2 of the Local Government (Miscellaneous Provisions) Act 1960 effectively incorporates the provisions of that Act into the Local Government Act 1995, and therefore the delegation provisions of the Local Government Act 1995 apply to the Local Government (Miscellaneous Provisions) Act 1960.
Further under section 46 of the Interpretation Act 1984, “a reference in a written law to a written law shall be construed so as to include a reference to any subsidiary legislation made under that written law”. As a result the powers of delegation within the Local Government Act 1995 extend to the Regulations and local laws made under that Act.
Section 127 of the Building Act 2011 provides that a local government may delegate any of its powers or duties as a permit authority under another provision of this Act. This section further provides that a delegation of a local government’s powers or duties may be only to a local government employee but not a committee.
Section 127(6A) further provides for the CEO to delegate functions delegated to them by the Council under that Act.
It is noted that subsection (7), provides ‘nothing in this section limits the ability of the delegator to perform a function through an officer or agent’ giving effect to acting through under this Act.
Section 48 of the Bush Fires Act 1954 provides for a local government to delegate powers to its CEO, stating that:
‘A local government may, in writing, delegate to its chief executive officer the performance of any of its functions under this Act.’
It is particularly noted that there is no power of sub-delegation under the Bush Fires Act 1954, meaning only the Council or CEO may exercise powers under that Act except for two sections being:
Section 48 further provides, ‘nothing in this section is to be read as limiting the ability of a local government to act through its council, members of staff or agents in the normal course of business’.
Sections 44 and 45 of the Cat Act 2011 provide for the council to be able to delegate its functions to the CEO, and the CEO to delegate their functions to employees. Section 46(2) provides for acting through.
It also requires under section 47, a register of delegations to be kept, the delegations to be reviewed each financial year and records of the discharge of delegated duties to be kept.
Section 10AA of the Dog Act 1976 provides for the council to delegate its powers or duties, under that Act to the CEO. Unlike the Cat Act 2011 or Local Government Act 1995 the Dog Act 1976 provides that a delegation may expressly authorise the delegate to further delegate the power or duty. This means that the CEO can further delegate a duty or power delegated to them under that Act, but only where the delegation given by Council expressly authorises this. Section 10AA(5) provides for acting through.
Section 10AB requires a register of delegations to be kept as well as review of those delegations each financial year.
The Food Act 2008 confers many functions upon enforcement agencies, which include local governments. Section 118(2) of the Food Act 2008 provides:
‘A function conferred or imposed on an enforcement agency may be delegated —…(b) if the enforcement agency is a local government… — subject to subsections (3) and (4), in accordance with the regulations.’
Section 118(3) references that the performance of functions by delegates may be restricted in accordance with conditions imposed by the CEO of the department of the State Government administering the Food Act 2008, which at this time is the Director General of the Department of Health. It further refers to any guidelines adopted by the CEO of the Department of the State Government administering the Food Act 2008 which must be adhered to by delegates in the performance of their duties.
Section 118(4) provides that regulations may make provision for sub-delegation.
The Food Act 2008 does not address acting through.
The DLGSC notes that, at this time, no regulations have been made under the Food Act 2008 allowing for delegation by local governments. As a result, any delegations purportedly made by a local government under this Act are not valid. Local governments should obtain legal advice about how to appropriately exercise their functions under this Act.
Section 16 of the Graffiti Vandalism Act 2016 provides for the council to delegate the local governments functions under that Act to the CEO. Section 17 provides for the CEO to likewise delegate any of their functions and any function delegated to them, to the employees of the local government.
A local government has no power to delegate under the Planning and Development Act 2005. Therefore any discretionary decision-making function under that Act may only be exercised by the council. Those functions relate to implementation of the decision of Council can be carried out administratively (for example issuing public notice of a planning scheme amendment).
Section 5.42 of the Local Government Act 1995 provides that a local government can delegate its powers under section 214(2),(3) and (5) of the Planning and Development Act 2005 to its CEO.
The Planning and Development (Local Planning Scheme) Regulations 2015, in Schedule 2 set out the model scheme text that applies to all local planning schemes. In Part 10, Clause 82 of that Schedule the council, by absolute majority, may delegate to a committee or the CEO the exercise of any of the local government’s powers or duties under the scheme. Clause 83 allows the CEO to delegate their functions and duties, including those delegated by the Council to employees of the local government.
Clause 84 also applies sections 5.45 and 5.46 of the Local Government Act 1995 to delegations under the Planning and Development (Local Planning Scheme) Regulations 2015. This means provision is made for acting through and there is a requirement to maintain delegations in a register and review those delegations each financial year.
Local governments are enforcement agencies under section 4 of the Public Health Act 2016. Section 21 allows enforcement agencies, that are local governments to delegate their powers or duties to either their CEO or an authorised officer, designated under that Act.
Section 21 also provides for sub-delegation if it is expressly provided for in regulations. At this time no regulations have been made permitting sub-delegation, as a result the CEO cannot delegate any of their functions under this Act to employees. Instead, the council can directly delegate functions to authorised officers, such as the environmental health officer.
Some local governments have mistakenly attempted to use the legislative powers of delegation contained in one Act to delegate a power or duty contained in another Act. Unless expressly stated to the contrary, a legislative power to delegate only relates to the powers or duties under the Act in which the delegation power is located.
It is not possible to, for example, rely on section 5.42(1) of the Local Government Act 1995 to delegate any of a local government’s powers under the Bush Fires Act 1954 to a CEO. Any delegation by a local government of its powers under the Bush Fires Act 1954 can only be delegated by the delegation provisions of that Act.
Likewise, some local governments have mistakenly tried to use the powers of delegation in the Local Government Act 1995 to delegate functions which are not found in the Act such as the appointment of consultants, the giving of sponsorship or the approval of public art. A delegation under the Local Government Act 1995 can only be given relating to a specific function that is provided in the Local Government Act 1995, regulations or a local law. In relation to the 3 examples provided:
Notwithstanding that only some of the relevant legislation expressly prohibits sub delegation, the common law prohibits sub delegation unless it is expressly provided for by legislation.
For the avoidance of doubt, an example of sub-delegation is where person A is delegated to exercise a power and they attempt to delegate to person B to exercise the power which was originally delegated to person A.
An example is the Bush Fires Act 1954. Unlike the Local Government Act 1995, the Bush Fires Act 1954 does not provide for a CEO to delegate to another employee to exercise the powers delegated by council to the CEO under section 48 of that Act. Therefore, only the CEO may exercise the powers delegated by council to the CEO under that Act.
There are limitations on all of the above legislative provisions which provide for the delegation of powers and duties.
Many of the limitations relate to sub-delegation. Other limitations include whether the delegation must be in writing, what types of powers and duties can be delegated and what type of majority decision is required to delegate a power or duty.
Not all the limitations can be addressed in this operational guideline, due to their number and detail. However, most of the limitation provisions are located close to the provisions which provide for the delegations.
As the Local Government Act 1995 is the Act under which most delegations will be made by local government, this guideline will discuss the limitations on delegations contained within that Act.
Section 5.17 of the Local Government Act 1995 provides limitations on what powers and duties a local government can delegate to its committees. Section 5.17(1) limits the powers and duties which can be delegated to committees, according to the types of members which constitute the committees for example:
Section 5.17(2) prohibits absolutely the delegation of any powers or duties to committees comprised of other persons only (no council members or employees).
Sections 5.43(a) to 5.43(i) of the Local Government Act 1995 provide limitations on what powers and duties a council can delegate to its CEO, as follows:
tion 5.43(i) of the Act provides for regulations to prescribe further powers or duties which cannot be delegated to the CEO.
The following regulations prescribe powers and duties which cannot be delegated to a CEO:
Regulation 18G of the Local Government (Administration) Regulations 1996 prohibits the delegation to a CEO of the powers and duties under sections 7.12A(2), 7.12A(3)(a) and 7.12A(4) of the Local Government Act 1995 (relating to duties of a local government with respect to audits). Regulation 6 of the Local Government (Financial Management) Regulations 1996 prohibits the delegation of the duty to conduct an internal audit to an employee (including a CEO) who has been delegated the duty of maintaining the local government’s day to day accounts or financial management operations.
Section 5.44(1) of the Local Government Act 1995 provides for the CEO to make delegations to other employees.
The obvious main limitation of section 5.44(1) is that it expressly prohibits any sub-delegation of the power to delegate. This means that once the CEO has delegated a power or duty to an employee or employees, that power or duty cannot be on-delegated to other employees.
Just as a delegation to a CEO by a council may be done with conditions attached, when delegating to another employee a CEO may attach conditions to the delegation, provided that the CEO does not purport to delegate more powers or duties to the other employee than were delegated to the CEO.
Section 59 of the Interpretation Act 1984 explains the particular elements of the power to delegate when it appears in various Acts. It states:
‘Construction of Power to Delegate
It is important to be aware that under these provisions, the delegator retains the power to make decisions, despite the fact that a delegation has occurred.
Also, in situations when a number of people occupy a particular office throughout either the day or week (for example ranger officers), a delegation by office enables an employee who occupies that office for the time being, to exercise the powers and duties delegated to that office.
A delegation by office will also enable an employee who temporarily occupies an office, say in an acting role whilst the normal occupier of the office is sick, to efficiently exercise the powers and duties delegated to that office, without the need to go through the delegation process again. Care needs to be taken in ensuring that the person has the appropriate qualifications where required.
When delegating by office, it is essential to ensure that the office described is a distinctly identifiable office (for example Manager, Corporate Services). It is also good practice to ensure, where lawful, delegations follow the line of management. That means where an employee has a delegation, their manager also has that delegation.
The requirements to keep records of delegations to committees, CEOs and other employees are contained in sections 5.18 and 5.46 of the Local Government Act 1995.
In relation to delegations to committees, section 5.18 states that:
‘A local government is to keep a register of the delegations made [to committees] under this Division and review the delegations at least once every financial year.’
In relation to delegations to CEOs and other employees, section 5.46 states that:
The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.
At least once every financial year, delegations made under this Division are to be reviewed by the delegator.
A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.
The registers of delegations to committees and the CEO should include details of the resolutions which record the delegation (and any conditions) and can be kept in an electronic or paper format. In the case of a delegation from the CEO to an officer the register should also contain a copy of the memorandum/instrument of delegation.
Obligations are imposed on the recipients of delegated powers and duties. Under section 5.46 of the Local Government Act 1995, regulation 19 of the Local Government (Administration) Regulations 1996 requires delegates to keep a record of each occasion on which they exercise the powers or discharge the duties delegated to them, stating that:
‘Where a power or duty has been delegated under the Act to the CEO or to any other local government employee, the person to whom the power or duty has been delegated is to keep a written record of:
This provision does not necessarily require the keeping of a register and other efficient record keeping practices would be sufficient. However, it is recommended that such systems provide for accessible accountability of the performance of these tasks.
Part 5 Division 6 of the Local Government Act 1995 (disclosure of financial interests) also applies to delegates of powers and duties.
Section 5.71 states that:
‘If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and:
Penalty: $10,000 or imprisonment for 2 years.’
Sections 5.75 and 5.76 of the Local Government Act 1995 require employees who have been delegated powers or duties to lodge primary and annual returns. Sections 5.75 and 5.76 state:
Penalty: $10,000 or imprisonment for 2 years.
Penalty applicable to subsections (1) and (2): $10,000 or imprisonment for 2 years.
‘Relevant person’ includes a ‘designated employee’ who has been delegated a power or duty.
Section 5.78 of the Local Government Act 1995 prescribes the information which must be included in the primary and annual returns.
Where an officer acts temporarily in a position with delegated power, that person will need to complete a financial interest return unless they have only acted in that position for less than 3 months.
It is noted that the requirement to complete a primary and annual return applies to delegations given under Part 5, Division 4 of the Local Government Act 1995, and not to delegations given under other acts.
A decision to delegate a power or duty should be made by local governments only after thorough consideration of whether the delegation will facilitate the effective operation of the local government. This will therefore depend on the circumstances of each local government.
A local government council is unable to deal with all the numerous issues and duties concerning its local government. As far as is possible and reasonable, councils should be predominantly concerned with dealing with higher level policy matters for their local governments. Councils should not be involved in administrative matters. Duties and powers which are operational in nature but exercise a discretion should be delegated to the CEO.
Powers and duties can be delegated to CEOs with comprehensive conditions attached. The conditions limit the exercise of powers or discharge of duties to circumstances prescribed by the council. For example, a development application which does not satisfy the conditions attached to a delegation, must be referred to the council for determination.
It is important to again note the difference between a delegation of a power or duty and the implementation of a council or CEO decision — see section 4 of this guideline in relation to ‘acting through’.
An example of carrying out a council decision (compared to exercising a delegated power or duty) is where a council approves an annual budget which includes the expenditure of $40,000 for particular road maintenance to be carried out by employees. Employees do not need to be delegated the power to carry out their operational functions.
In the example above, if the relevant employees believe it is necessary to spend more funds than approved in the budget, they must refer that matter to the council for its approval — the adoption of an annual budget can only be done by an absolute majority of council, which under section 5.43(a) of the Local Government Act 1995 cannot be delegated to the CEO or any other employee.
The principal consideration for a local government when deciding if it should delegate a power or duty, is whether the delegation will improve the efficiency of the local government’s operations whilst ensuring that its policies are consistently implemented. See the attached schedule which lists those items where acting through would be a suitable mechanism for achieving that efficiency. Local governments also need to consider the content of their local laws and whether delegation may be necessary in some circumstances. It is important to note that ‘authorised persons’, however, can normally carry out the ‘policing’ type powers in local laws.
This part considers the procedure for council to make a delegation.
When CEOs identify a duty or power of the local government which can be delegated and they believe that if it is delegated it will provide better efficiency, they should put the proposed delegation to their council, for approval.
A recommendation to council for a delegation is relatively straightforward. The essential elements of a delegation recommendation are:
It is important to note again that all delegations by council require an absolute majority decision.
Once a delegation has been made by council, the delegation must be recorded in the delegation register.
Under regulation 19 of the Local Government (Administration) Regulations 1996, the delegate must keep written records of when and how they exercise the delegated power or discharge the delegated duty, and the persons or classes of persons affected by the exercise of the power or discharge of the duty.
Similarly to delegations by councils, delegations by CEOs must accurately and correctly identify all elements of the delegation.
Employee proposals for delegations (for themselves or for other employees) should be provided to the CEO. The recommendations should be in a format similar to recommendations for delegations by councils.
As with delegations by council, written records of delegations by the CEO must be kept in the delegations register and delegates must keep records of their exercise of delegated powers or discharge of delegated duties.
The attached schedule lists the powers and duties under the Local Government Act 1995, Cat Act 2011, Dog Act 1976 (with associated regulations) which cannot be delegated, those that can be delegated, and to whom the powers and duties can be delegated. It additionally highlights those duties that are for an authorised person. It also lists those matters where ‘acting through’ may be the most practical way of carrying out those functions.
It is not suggested that all of the powers and duties which can be delegated should be delegated — the schedule is provided only as an indication of what can be delegated if it is appropriate for a particular local government. Each local government will need to consider their own circumstances, including the expertise of proposed delegates, when deciding on a course of action.
Function of local government: Changing the method of electing the mayor or president Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Giving local public notice of proposal Suitable for acting through: Yes
Function of local government: Deciding to conduct a poll of electors to change the method of election for the mayor/president to election by council Delegation prohibited: Yes
Function of local government: Making a proposal to the advisory board for a matter set out in section 2.1 of the Act Suitable for acting through: Sometimes Notes: While this function could be delegated, the Local Government Advisory Board may request the council consider the proposal.
Function of local government: Dealing with a submission made by electors, to change, wards or the number of councillors Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Making a proposal to the Advisory Board or Minister to change wards or the number of councillors Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Review of wards Suitable for acting through: Yes Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Giving public notice of review Suitable for acting through: Yes
Function of local government: Making of a local law, including making of a local law that applies outside its district with the Governors approval Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Giving local public notice of a local law and publication in the gazette Suitable for acting through: Yes
Function of local government: Ensuring people are informed of the purpose and effect of all local laws Suitable for acting through: Yes
Function of local government: Giving public notice of the review of a local law, considering submissions and preparing a report at a council meeting Suitable for acting through: Yes
Function of local government: Determining if a local law should be amended or repealed Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Duties when performing executive functions Suitable for acting through: Yes
Function of local government: Payment of compensation when the local government causes damage through the performance of the local government’s functions under the Act, regulations or local laws Suitable for delegation to the CEO: Yes
Function of local government: Authorising persons to exercise the functions under Part 3, Division 3, Subdivision 2 of the Act Suitable for delegation to the CEO: Yes
Function of local government: Issue of notices requiring an owner or occupier to take action in relation to a matter set out in Schedule 3.1 and 3.2 of the Act and taking of action if a person does not comply Authority of an authorised person: Yes Notes: Authorised under section 3.24, not section 9.10.
Function of local government: After giving notice of entry a person may enter onto land Authority of an authorised person: Yes
Function of local government: A local government may enter land in an emergency without notice or consent and giving of notice of entry where it is practical to do so Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: A local government may make an opening in a fence to do works on property subject to providing the owner or occupier with 3 days written notice Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Removal and impounding of goods Authority of an authorised person: Yes
Function of local government: Impounding of goods in or on a vehicle Suitable for acting through: Yes Authority of an authorised person: Yes
Function of local government: Removal and impounding of abandoned vehicle wreck Authority of an authorised person: Yes
Function of local government: Giving of notices and declaring a vehicle an abandoned vehicle wreck Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Giving of notice of impounded non-perishable goods Suitable for acting through: Yes
Function of local government: Giving notice of the place where an alleged offender may collect their goods Suitable for acting through: Yes
Function of local government: Refuse to allow release of impounded or removed goods until costs are paid Suitable for acting through: Yes
Function of local government: Disposal of confiscated or uncollected goods Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Euthanasia of an impounded animal that is too ill or injured to be practically treated Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Recovery of costs through court for impounding expenses Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Closing a throughfare Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Partially closing a throughfare Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Notifying persons of alteration or realignment or draining of a throughfare Suitable for acting through: Yes
Function of local government: Duty to keep throughfares otherwise open and make plans available Suitable for acting through: Yes
Function of local government: Making agreement on control and management of otherwise unvested facility that lies within 2 or more local government districts Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Doing anything that a board appointed under the Parks and Reserves Act 1895 could do on land reserved under the Land Administration Act 1997 and placed under the control and management of the local government. Suitable for acting through: Yes Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Inviting tenders prior to entry into contract of a prescribed kind Suitable for delegation to a committee: Yes (limited) Suitable for delegation to the CEO: Yes (limited) Notes: Must include monetary limit of amount that the CEO can enter into a contract for.
Function of local government: Disposal of property Suitable for delegation to a committee: Yes (limited) Suitable for delegation to the CEO: Yes (limited) Notes: Must include maximum value that the CEO can dispose of property
Function of local government: Preparation of business plan and giving of public notice for major trading undertaking or major land transaction Suitable for acting through: Yes
Function of local government: Deciding if to proceed with major land transaction or major trading undertaking Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Decisions to establish regional local government or amend establishment agreement Delegation prohibited: Yes Notes: Ministerial approval required.
Function of local government: Decisions to establish regional subsidiary or amend regional subsidiary charter Delegation prohibited: Yes Notes: Ministerial approval required. Absolute majority required under Minister’s policy.
Function of local government: Preparation of the business plan Suitable for acting through: Yes
Function of local government: Preparation and adoption of purchasing policy Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Determining that the local government has good reason to believe that, because of the unique nature of the goods or services required or for any other reason, it is unlikely that there is more than one potential supplier and as a result not inviting tenders for a contract exceeding $250,000. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Determining that the local government is satisfied that the contract represents value for money and entering into the contract with that person who satisfies the other criteria in regulation 11(2)(h). Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Determining that that the goods or services are required for the purposes of addressing a need arising from the hazard, or from the impact or consequences of the hazard, to which the state of emergency declaration relates for the purpose of regulation 11(2)(aa). Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Determine in writing the criteria for deciding which tender should be accepted Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: After a notice has been given under subregulation (1) or (2), vary the information referred to in subregulation (3) by taking reasonable steps to give each person who has sought copies of the tender documents or each acceptable tenderer, as the case may be, notice of the variation. Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Assess, tenders that have not been rejected under subregulation (1), (2), or (3) by means of a written evaluation of the extent to which each tender satisfies the criteria for deciding which tender to accept and it is to decide which of them (if any) it thinks it would be most advantageous to the local government to accept. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes Notes: This assessment is typically conducted by a tender assessment panel, the decision to accept the tender should however be made by a delegate. Note the ability to accept a tender must be limited to a monetary amount by the council under section 5.43.
Function of local government: Request a tenderer to clarify the information provided in the tender Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Decline to accept any tender Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Accept the next most advantageous tender, where the local government is unable to form a contract with the originally successful tenderer, or the original successful tenderer terminates the contract. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Making a minor variation to the goods and services required prior to entering into a contract with the successful tenderer Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: If the successful tenderer is unable to enter into the contract to supply the varied requirements, choose the next most advantageous tenderer. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Decide to seek expressions of interest to make a preliminary selection from among potential tenderers Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Considering the expressions of interest received Suitable for acting through: Yes Notes: It is the CEO’s responsibility to list those persons who are satisfactory as acceptable tenderers.
Function of local government: Establish a panel of pre-qualified suppliers to supply particular goods or services to the local government Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Be satisfied that there is, or will be, a continuing need for the particular goods or services to be supplied by pre-qualified suppliers. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Determine in writing the criteria for deciding which applications should be accepted. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Vary the information referred to in subregulations (4) and (5) by taking reasonable steps to give each person who has sought detailed information about the proposed panel or each person who has submitted an application, as the case may be, notice of the variation. Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Assess the by means of a written evaluation of the extent to which each application satisfies the criteria for deciding which applications to accept and it is to decide which of them (if any) it thinks it would be most advantageous to the local government to accept. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes Notes: This assessment is typically conducted by a panel of tenderers, the decision to accept a person onto a panel should however be made by a delegate.
Function of local government: Request an applicant clarify the information provided in their application Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Enter into a contract, or contracts, for the supply of goods or services with a pre-qualified supplier who is part of a panel of pre-qualified suppliers for the supply of those particular goods or services. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Give a regional price preference in accordance with Part 4A of the Local Government (Functions and General) Regulations 1996. Choose not to apply the regional price preference for a particular tender. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Prepare and adopt a regional price preference policy in accordance with regulation 24E of the Local Government (Functions and General) Regulations 1996. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Consider that that ownership of the land would be of significant benefit to anyone other than the transferee and dispose of land worth less than $5000 accordingly. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Fix the reserve price for disposal of property by public auction Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Form or take part in the forming of a body corporate under the Incorporated Associations Act 2015, Strata Titles Act 1985 or Community Titles Act 2018. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Appointing a person other than the CEO or electoral commissioner to conduct an election Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Appointing the Electoral Commissioner to conduct an election Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Deciding to conduct an election as a postal election Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Agree the fees to be paid to an electoral officer or electoral commission Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Retention of enrolment eligibility claim forms and notices Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Credit the deposit to the fund of the local government Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Conduct a poll in the manner considered appropriate in the circumstances described in subregulation (1). Suitable for delegation to the CEO: Yes
Function of local government: Establishment of committees Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Appointment of members of a committee Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Appointment of deputy members of a committee Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Reduction of quorum for committee Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Delegation of powers and duties to a committee Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Keeping a register of delegations to committees and reviewing those delegations Suitable for acting through: Yes
Function of local government: Setting the date of electors general meeting Suitable for delegation to the CEO: Yes
Function of local government: Employment of the CEO Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Advertising a vacancy in the role of CEO Suitable for acting through: Yes
Function of local government: Designation of senior employees Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Advertising a vacancy in a senior employee role Suitable for acting through: Yes
Function of local government: Review of the performance of the CEO Delegation prohibited: Yes Notes: Absolute majority required by the CEO standards.
Function of local government: Ensuring the CEO is paid in accordance with the determination of the Salaries and Allowances Tribunal Delegation prohibited: Yes Notes: As the council is the CEO’s employer, it is only appropriate that the council carry out this duty.
Function of local government: Adoption or amendment to CEO standards Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Adoption or amendment of policy for temporary employment or appointment of a CEO Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Delegation of powers and duties to the CEO, subject to section 5.43 and any regulations Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Preparation of a policy for termination payments above the contract or award Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Payment of an amount to an employee whose employment is ended that is above the amount set out in the policy Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Preparation of the annual report Suitable for acting through: Yes
Function of local government: Acceptance of annual report Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Planning for the future Suitable for acting through: Yes Notes: Note that the Administration Regulations establish a number of duties relating to the preparation of plans for the future.
Function of local government: Approval, in accordance with the event attendance policy, a person’s attendance at an event, to enable the ticket or attendance at an event to become an excluded gift Suitable for delegation to the CEO: Yes
Function of local government: Nomination of a designated employee Suitable for delegation to a committee: Yes
Function of local government: Adoption or amendment of policy for attendance at events Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Release of confidential information Delegation prohibited: Yes Notes: Resolution of council required.
Function of local government: Making available copies of information Suitable for acting through: Yes
Function of local government: Payment of fees and allowances and reimbursements for council members Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Adoption or amendment of code of conduct for council members, committee members and candidates Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Preparation of report on training Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Adoption or amendment to policy for continuing professional development Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Review of the policy on continuing professional development Suitable for acting through: Yes
Function of local government: Ensuring notice papers and agendas are published on the website at the same time they are available to council Suitable for acting through: Yes
Function of local government: Giving notice of electronic meeting Suitable for acting through: Yes
Function of local government: Giving statewide public notice of vacancy in CEO or senior employee role Suitable for acting through: Yes
Function of local government: Certification of compliance with adopted standards for CEO recruitment or termination Delegation prohibited: Yes Notes: Resolution and absolute majority required.
Function of local government: Giving a copy of the resolution of compliance to the Director General of the DLGSC Suitable for acting through: Yes
Function of local government: Ensuring a strategic community plan is made for the district including having regard to the matters required by the regulation including content and consultation. Suitable for acting through: Yes
Function of local government: Determining if to adopt the strategic community plan Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Ensuring a corporate business plan is made for the district including having regard to the matters required by the regulation including content and review. Suitable for acting through: Yes
Function of local government: Determining if to adopt the corporate business plan Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Making available information under regulation 29A(2) Delegation prohibited: Yes Notes: Resolution required.
Function of local government: Preparation of a budget Suitable for acting through: Yes
Function of local government: Adoption or amendment of the budget Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Preparation of annual financial report and submission to the auditor Suitable for acting through: Yes
Function of local government: Payment or delivery of money to persons entitled to it Suitable for acting through: Yes
Function of local government: Transfer of money held in trust for 10 years to its municipal fund, but must repay it to a person who establishes a right to the repayment, together with any interest earned on the investment. Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Establishing and maintaining a reserve account or giving public notice of a change to a reserve account Suitable for acting through: Yes
Function of local government: Changing or using the money in a reserve account for another purpose Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Granting a discount or incentive for early payment of money with the annual budget Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Granting a concession or writing off any amount of money and applying any conditions Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Determining amount of interest payable on money owed to a local government, other than rates and services charges. Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Investment of surplus funds in accordance with Part 3 of the Trustees Act 1962 and Local Government (Financial Management) Regulations 1996. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Receipt of revenue Suitable for acting through: Yes
Function of local government: Imposing or amending of fees and charges Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Giving notice of fees and charges Suitable for acting through: Yes
Function of local government: Power to borrow Delegation prohibited: Yes Notes: Absolute majority required by either budget adoption or subsequent additional borrowing.
Function of local government: Giving local public notice related to borrowing Suitable for acting through: Yes
Function of local government: If Co-operative Bulk Handling Ltd and a local government cannot reach an agreement, under section 6.26(2)(i), the local government may refer the matter to the Minister for determination Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Imposing a general rate on rateable land or an emergency rate, or a rate following the quashing of a general valuation, rate or service charge, including the imposition of a differential rate, minimum payments, specified area rates or service charges. Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Giving local public notice of intention to impose differential rates or minimum payments Suitable for acting through: Yes
Function of local government: Compiling or amending the rate record, including any reassessment of rates or service charges payable and payment of any refund and issue of the rates notice. Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Imposing an additional charge (including by way of interest) for payment by instalments Suitable for delegation to the CEO: Yes Notes: Preferably adopted by council with the annual budget.
Function of local government: Providing a discount or other incentive for early payment of rates or service charges Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Waiving or granting concessions on rates or service charges Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Entering into agreements for payment of rates or service charges Suitable for delegation to the CEO: Yes
Function of local government: Determining the due date of rates and service charges Suitable for delegation to the CEO: Yes
Function of local government: Imposing interest on unpaid rates or service charges and costs of recovery of unpaid rates and service charges Delegation prohibited: Yes Notes: Absolute majority required. Maximum interest limited by regulations.
Function of local government: Recovery of rates or service charges and costs of recovery by proceedings in court Suitable for delegation to the CEO: Yes
Function of local government: Giving notice to a lessee of land to pay rent to the local government to satisfy the rate or service charge, including giving notice to the lessor and where the lessee does not pay rent recovering the rate or service charge from the lessee. Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Request the occupier, agent or person who receives rent to give the name and address of the owner to the local government Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Take action under section 6.64 in respect of rates and service charges that have been unpaid for 3 years Suitable for delegation to the CEO: Yes Notes: Note subject to section 5.43(d) and 6.68(3A).
Function of local government: Give notice of the taking of possession of land to the owner and affix the notice in a conspicuous part of the land Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Lodge or withdraw a caveat for unpaid rates or service charges Suitable for delegation to the CEO: Yes
Function of local government: Acceptance of payment of outstanding rates and service charges and causing sale of land to be cancelled Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Causing land to be transferred to the crown or the local government Suitable for delegation to the CEO: Yes Notes: Note subject to section 5.43(d)
Function of local government: Dealing with objections to the rate record including allowing or disallowing the objection, extending the time to make an objection and giving notice of the decision. Suitable for acting through:Yes Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Compliance with the AAS Suitable for acting through: Yes
Function of local government: Ensuring that employee who is delegated responsibility for day to day accounting and financial management is not responsible for internal audit or reviewing the work of the internal auditor. Suitable for acting through: Yes
Function of local government: Maintaining separate bank accounts Suitable for acting through: Yes
Function of local government: Development of procedures for payments Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Making payments from the municipal fund or trust fund Suitable for delegation to the CEO: Yes Notes: Note, this is not the power to incur a liability (for example approve a purchase order). These powers are established through the tender regulations and the local government’s purchasing policy.
Function of local government: Valuation of assets in financial reports Suitable for acting through: Yes
Function of local government: Procedures for investments Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Excluding amounts when calculating budget deficiency Suitable for acting through: Yes
Function of local government: Lodging copy of budget with Director General of DLGSC Suitable for acting through: Yes
Function of local government: Undertaking review of budget and providing a copy of the review and determination to the DLGSC Suitable for acting through: Yes Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Determination on if to adopt budget review Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Preparing monthly financial report Suitable for acting through: Yes
Function of local government: Adoption of a percentage or value for material variances Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes Notes: Ideally adopted with budget by council.
Function of local government: Establishment of an Audit Committee and appointment of its members Delegation prohibited: Yes Notes: Absolute majority required.
Function of local government: Delegation of powers and duties under Part 7 to the Audit Committee Delegation prohibited: Yes Notes: The power of delegation itself cannot be delegated.
Function of local government: Making payment to the Auditor Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Doing everything in its power to assist the auditor to conduct the audit or carry out the auditor’s other duties including ensuring that audits are conducted successfully and expeditiously. Suitable for acting through: Yes Suitable for delegation to a committee: Yes (Audit Committee) Suitable for delegation to the CEO: Yes
Function of local government: Meeting with the auditor at least once a year Suitable for delegation to a committee: Yes (Audit Committee) Suitable for delegation to the CEO: Forbidden (Admin Reg 18G)
Function of local government: Considering the audit report, determine the action to be taken in response and ensuring that action is taken Suitable for delegation to a committee: Yes (Audit Committee) Suitable for delegation to the CEO: Forbidden (Admin Reg 18G)
Function of local government: Preparing a report addressing matters identified as significant by the auditor in the audit report and providing it to the Minister. Suitable for delegation to a committee: Yes (Audit Committee) Suitable for delegation to the CEO: Forbidden (Admin Reg 18G)
Function of local government: Carrying out the compliance audit Suitable for acting through: Yes
Function of local government: Adoption of compliance audit Delegation prohibited: Yes Notes: Must be considered by audit committee and adopted by council.
Function of local government: Upon receiving a notice from the Minister or Director General, providing the information to the Minister or Director General in the time specified in the notice. Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: A local government must give the Minister written advice setting out the things that it has done or proposes to do to give effect to the recommendations of the authorised person. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes Notes: It is strongly recommended the council adopt the final response.
Function of local government: Giving a response to the Minister’s show cause notice Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes Notes: It is strongly recommended the council adopt the final response.
Function of local government: A local government must give the Minister advice of what things it has done, or will do, to comply with an Inquiry Panel’s report within 35 days of receiving the report, or give its comment on a recommendation to dismiss the council. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes Notes: It is strongly recommended the council adopt the final response.
Function of local government: Allowing an extension of time for lodging an objection Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: An objection under Part 9 is to be dealt with by the council or a committee authorised by council to deal with it Delegation prohibited: Yes Suitable for delegation to a committee: As an authorisation
Function of local government: The local government must give the person who made the objection notice of how it was disposed of and reasons why Suitable for acting through: Yes Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Order the revocation of the suspension of a decision because it is considered that there are urgent reasons why the effect of the decision should not be suspended or suspension of the effect of the decision is reasonably likely to endanger the safety of any person, cause damage to property, or to create a serious public nuisance. Delegation prohibited: Yes Suitable for delegation to a committee: As an authorisation
Function of local government: The local government considers that there are urgent reasons why the effect of the decision should not be suspended or suspension of the effect of the decision is reasonably likely to endanger the safety of any person, cause damage to property, or to create a serious public nuisance and giving notice in writing stating the reasons for that decision. Suitable for delegation to the CEO: Yes
Function of local government: Authorising a person for the purposes of section 9.11 Suitable for delegation to the CEO: Yes Notes: Note section 9.11 in subsection (4) includes a power of arrest.
Function of local government: Authorising a person to commence a prosecution for an offence against the Local Government Act 1995, regulations made under that Act or a local law. Suitable for delegation to the CEO: Yes
Function of local government: Authorising persons to sign documents on behalf of a local government Delegation prohibited: Yes Notes: Resolution of council required.
Function of local government: Refer a dispute between 2 local governments to the Minister Delegation prohibited: Yes Notes: Minister’s decision required.
Function of local government: Issue written notice to a person who is carrying out work over or near a footpath on local government property and require them to take action. Suitable for delegation to the CEO: Yes
Function of local government: Grant or renew permission to obstruct a throughfare Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Request a person remove an object obstructing a throughfare that has fallen from their land Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Request a person remove a structure, tree or plan that is encroaching without lawful authority on a public thoroughfare Suitable for acting through: Yes Suitable for delegation to the CEO: Yes
Function of local government: Grant permission to have a gate across a public thoroughfare Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Consider an excavation dangerous and request the owner or occupier of the land to fill in or securely fence the excavation Suitable for delegation to the CEO: Yes
Function of local government: Grant or renew permission to make or leave an excavation on a throughfare or part of land adjoining a public throughfare and impose such conditions as are thought fit. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Approve the construction of a crossover or agree to construct the crossover for the applicant Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Give a notice to a person to require an owner or occupier to construct or repair a crossover Suitable for delegation to the CEO: Yes
Function of local government: Deciding what is a standard crossing Delegation prohibited: Yes Notes: Decided by resolution of council or local law.
Function of local government: Grant permission for construction on, over or under a public throughfare or other public place which is local government property and impose such conditions as thought fit. Suitable for delegation to a committee: Yes Suitable for delegation to the CEO: Yes
Function of local government: Give notice of works for supply of gas or water Suitable for acting through: Yes
Function of local government: Give notice to the owner or occupier of land if the clearing of land might cause land having a common boundary with local government property to be adversely affected by wind erosion or sand drift. Suitable for delegation to the CEO: Yes
Function of local government: Grant the registration of a cat Suitable for acting through: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes
Function of local government: Refuse the registration of a cat and give notice of the reasons Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes Notes: Decision subject to review by SAT
Function of local government: Cancellation of the registration of a cat and give notice of the reasons Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes Notes: Decision subject to review by SAT.
Function of local government: Allot a registration number or issue a replacement registration certificate or tag Suitable for acting through: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes
Function of local government: Maintain a register of cats Suitable for acting through: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes
Function of local government: Issue a cat control notice Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes
Function of local government: Decide to grant, or renew an approval for a person to breed cats and give a certificate or any replacement certificate to the applicant Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes
Function of local government: Decide to refuse an approval for a person to breed cats and give notice of the decision Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes Notes: Decision subject to review by SAT.
Function of local government: Cancel an approval to breed cats and give notice of the decision Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes Notes: Decision subject to review by SAT.
Function of local government: Power of delegation Delegation prohibited: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Notes: The common law prohibits delegation of the power to delegate.
Function of local government: Recover in court the costs of destruction of a cat Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes
Function of local government: Dealing with objection Delegation prohibited: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Notes: Must be dealt with by council or a committee.
Function of local government: Making of local laws under the Cat Act 2011 Delegation prohibited: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Notes: Making of local laws must always be done by the council (absolute majority required).
Function of local government: Grant or refuse approval to keep additional cats including imposing any conditions or granting approval for additional cats but less than the amount applied for. Suitable for delegation to a committee: Delegation to a committee is not permitted under the Car Act 2011 Suitable for delegation to the CEO: Yes Notes: Decision subject to review by SAT.
Function of local government: Delegation by local government. Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes Notes: A council may expressly authorise the CEO to further delegate any delegation such as to employees.
Function of local government: Making payments to veterinarians towards the cost of the sterilisation and issue directions in writing as a condition of receipt of that payment. Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Maintaining a register of dogs Suitable for acting through: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976
Function of local government: Discounting or waiving a registration fee Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Appointing another place for registering dogs Suitable for acting through: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Affecting the registration of a dog Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Authority of an authorised person: Yes (registration officer)
Function of local government: Direct the refusal of an application to register a dog and notify the applicant of the reasons for that decision Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Giving notice to an owner that a dog cannot be registered Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Apply to a Justice of the Peace for an order authorising seizure of a dog and cause the dog to be seized and detained or destroyed. Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes Notes: Note (5) is following an SAT decision.
Function of local government: Grant an exemption from the requirements of the local law relating to the limit of dogs without needing an approved kennel establishment Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Grant, renew, refuse or cancel a licence for an approved kennel establishment Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes Notes: May apply to SAT for review of a decision to refuse/cancel licence.
Function of local government: Require payment of impounding fees, recover costs in court of money due under the Act, dispose of a dog impounded Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Specify a place where dogs are prohibited, dog exercise areas and rural leashing areas Delegation prohibited: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976Notes: Absolute majority decision.
Function of local government: Issue local public notice of intention to designate areas Suitable for acting through: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976
Function of local government: Declaration of a dangerous dog and giving notice to the owner of the declaration. Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes Authority of an authorised person: Yes Notes: Authorisation must be specifically given for this section to an authorised person and this authorisation applies to section 39.
Function of local government: Consider and decide on an objection and given notice to the objector of the decision Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes Notes: The person who issued the declaration of a dangerous dog should not decide on the objection.
Function of local government: Revoke dangerous dog declarations or proposal to destroy dog Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Determine the recoverable expenses of a local government relating to a dangerous dog Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Apply to the Magistrates court for an order that a dog be destroyed Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes Authority of an authorised person: Yes
Function of local government: Appoint a person to carry out the order of the State Administrative Tribunal Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes
Function of local government: Authorise a person to undertake enforcement proceedings Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes Authority of an authorised person: Yes
Function of local government: Making of local laws Delegation prohibited: Yes Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Notes: Making of local laws must always be done by the council (absolute majority required).
Function of local government: Withdrawal of an infringement notice Suitable for delegation to a committee: Delegation to a committee is not permitted under the Dog Act 1976 Suitable for delegation to the CEO: Yes Authority of an authorised person: Yes