Power of delegation
11 Power of delegation
A Council may by instrument of delegation delegate to—
the members of a delegated committee; or
the Chief Executive Officer—
any power, duty or function of a Council under this Act or any other Act other than a power, duty or function specified in subsection (2).
The following are specified for the purposes of subsection (1)—
the power of delegation;
the power to elect a Mayor or Deputy Mayor;
the power to grant a reasonable request for leave under section 35;
subject to subsection (3), the power to appoint the Chief Executive Officer, whether on a permanent or acting basis;
the power to make any decision in relation to the employment, dismissal or removal of the Chief Executive Officer;
the power to approve or amend the Council Plan;
the power to adopt or amend any policy that the Council is required to adopt under this Act;
the power to adopt or amend the Governance Rules;
the power to appoint the chair or the members to a delegated committee;
the power to make, amend or revoke a local law;
the power to approve the budget or revised budget;
the power to borrow money;
subject to section 181H(1)(b) of the Local Government Act 1989, the power to declare general rates, municipal charges, service rates and charges and special rates and charges;
any power, duty or function prescribed by the regulations for the purposes of this subsection.
A Council may delegate to the Chief Executive Officer the power to appoint an Acting Chief Executive Officer for a period not exceeding 28 days.
A delegation may be made subject to any conditions or limitations specified in the instrument of delegation.
A delegation that includes the power to enter into a contract or make any expenditure must specify a maximum monetary limit that cannot be exceeded.
A member of a delegated committee to whom a delegation is given under subsection (1)(a) can only exercise the delegation while acting as a member of the delegated committee at a meeting of the delegated committee.
A Council must review, within the period of 12 months after a general election, all delegations which have been made under this section and are still in force.
A Council must keep a public register of delegations made under this section.
Unless sooner revoked, a delegation made by a Council under the Local Government Act 1989 continues in force until 1 September 2020.
Note
See section 47 for the power of delegation of a Chief Executive Officer.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- City of Melbourne (Electoral) Regulations 2022 · under sections 325 and 326
- Local Government (Electoral) Regulations 2020 · under sections 325 and 326
- Local Government (Governance and Integrity) Regulations 2020 · under section 325
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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