Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT ACT 2020 - SECT 11

Power of delegation

    (1)     A Council may by instrument of delegation delegate to—

        (a)     the members of a delegated committee; or

        (b)     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).

    (2)     The following are specified for the purposes of subsection (1)—

        (a)     the power of delegation;

        (b)     the power to elect a Mayor or Deputy Mayor;

        (c)     the power to grant a reasonable request for leave under section 35 ;

        (d)     subject to subsection (3), the power to appoint the Chief Executive Officer, whether on a permanent or acting basis;

        (e)     the power to make any decision in relation to the employment, dismissal or removal of the Chief Executive Officer;

        (f)     the power to approve or amend the Council Plan;

        (g)     the power to adopt or amend any policy that the Council is required to adopt under this Act;

        (h)     the power to adopt or amend the Governance Rules;

              (i)     the power to appoint the chair or the members to a delegated committee;

        (j)     the power to make, amend or revoke a local law;

        (k)     the power to approve the budget or revised budget;

        (l)     the power to borrow money;

        (m)     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;

        (n)     any power, duty or function prescribed by the regulations for the purposes of this subsection.

    (3)     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.

    (4)     A delegation may be made subject to any conditions or limitations specified in the instrument of delegation.

    (5)     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.

    (6)     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.

    (7)     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.

    (8)     A Council must keep a public register of delegations made under this section.

    (9)     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.

Division 2—Constitution of a Council



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback