Delegations and Authorisations

The Local Government Act 2020 allows Council to delegate their powers by resolution to ensure the many decisions required to be made are done so in an efficient way, allowing Council meetings to remain focused on strategic matters and community leadership rather than being operationally focused. An authorised officer is a person, other than a Councillor, appointed by Council to carry out a compliance function or an enforcement function under legislation related to the functions and powers of Council. 

Where authorisations and delegations have been made, the decision lies with the delegated officer and cannot be influenced by those initially delegated the powers. The Instrument of Delegation or Authorisation is documentary evidence of the delegation given to a staff member or their appointment as an authorised person.  

Council subscribes to a delegations and authorisations service produced by Maddocks Lawyers. Maddocks reviews all legislation that impacts local government in Victoria and distributes an updated schedule of delegations that reflects any legislative changes. This template is used by many Victorian councils and reflects common practice within the industry. Drawing on these updates, the Instruments are updated periodically as legislation is amended, or new legislation is introduced which impacts upon the operations of Council. 

The instruments are:

• S5 - Instrument of Delegation Councl to CEO(PDF, 604KB) . 
  This delegates all of Council’s powers, duties and functions which are capable of delegation, subject to some exceptions and limitations, to the CEO;
   
• S6 – (PDF, 3MB)Instrument of Delegation from Council to members of Council staff(PDF, 3MB) 
  relating to Council powers, duties and functions within various Acts and Regulations (or specific parts of those Acts or Regulations), which contain a specific power of delegation. This delegates certain powers directly from Council to Council staff due to the legislation referred to containing specific powers of delegation;
   
• S7 – Instrument of Sub-Delegation from CEO to Council staff. 
  This sub-delegates Council powers, duties or functions contained in Acts or Regulations which do not include a specific power of delegation;
  
  
• S11A - Instrument of Appointment and Authorisation.(PDF, 259KB)   

  The S11A Instrument of Appointment and Authorisation (Planning and Environment Act 1987) is used to authorise officers to enforce the Planning and Environment Act 1987 and institute proceedings on behalf of Council or represent Council.

• S12 - Instrument of Delegation from the Municipal Building Surveyor to relevant Council Staff or Contractors(PDF, 689KB)
   
• S13 – Instrument of Delegation from CEO to staff. 
  This instrument allows the CEO to delegate his or her powers, duties and functions existing under all Victorian legislation. This differs to the S7 Instrument in that it does not relate to Council powers, duties and functions, but those vested in the CEO personally;

• S14 – (PDF, 325KB)Instrument of Delegation from CEO to staff (Vicsmart).(PDF, 325KB) 
  This provides for the CEO to delegate his or her powers as a responsible authority under the Planning and Environment Act 1987 in relation to VicSmart planning applications.

• S18 - Instrument of Sub Delegation under the EPA 2017(PDF, 632KB)  
  Instrument of Sub- Delegation from Council to members of Council staff under the Environment Protection Act 2017.The Environment Protection Act 2017(the new EP Act) and Environment Protection Regulations2021 came into effect on 1 July 2021. Under the new EP Act the scope of local government’s role as a regulator has not changed, but there are changes to the laws and powers of local governments, including a new delegation of powers from the Environment Protection Authority (EPA) to councils. The S18 sub-delegates Council’s powers (delegated to it by the EPA) to members of Council staff; and

   

These instruments will be updated every 6-12 months to ensure that they include the latest changes to legislation.