Delegations and Authorisations to Council Staff
Delegations to Council Staff
Delegations refer to powers, duties, or functions of Council that are formally delegated to Council staff through a resolution of Council.
They are an effective way to streamline decision-making, allowing Council to focus on strategic priorities rather than routine administrative matters.
Yarriambiack Shire Council operates under numerous delegations across a wide range of legislation, reflecting the diversity of services provided. These delegations follow the format prescribed by Council solicitors, Maddocks, and are updated twice a year. All delegations are formalised through an Instrument of Delegation, which falls into three categories.
Types of Instruments
- Council → Chief Executive Officer (CEO)
- The CEO has authority to sub-delegate powers to staff.
- Council → Council Staff (Direct Delegation)
- Certain Acts do not permit sub-delegation, e.g.,
a) Planning and Environment Act 1987
b) Food Act 1984 (majority of provisions)
- CEO → Council Staff
- The CEO delegates specific powers under the Local Government Act directly to staff.
Authorised Officers – Statutory Provisions (s 224(1A), Local Government Act 1989)
- A Council may appoint any person (other than a Councillor) as an Authorised Officer for administering and enforcing Acts, regulations, or local laws related to Council functions.
- Council must maintain a register of all appointed Authorised Officers.
- Each Authorised Officer must be issued an identity card that:
a) Includes a photograph and signature of the officer.
b) Is signed by an appointed Council staff member.
- Officers must produce their identity card upon request.
(Failure to produce does not invalidate their actions.)
Powers of Authorised Officers
- May require a person’s name and address if they have committed or are suspected of committing an offence.
- Must explain the grounds for such a demand clearly.
- May enter land or buildings within the municipal district at any reasonable time to enforce relevant laws.
Delegations and Authorisations Register
To view the Delegations and Authorisations Register to Council Staff, click the button below.