| Delegarions Policy | Version: | 00 |
| Approval Date | 29 January 2019 | |
| Approved by | Chief Executive Officer | |
| Review Date | 31 October 2021 | |
| Responsible Officer | Executive Manager Governance and Legal Services | |
| Authorising Officer | Chief Executive Officer | |
Introduction
Purpose
There are many Acts and Regulations which confer a responsibility on councils to take action or determine matters. It is not practical for Council alone to exercise the many statutory powers duties and functions bestowed on the Council.
The purpose of this policy is to establish a framework for delegating Council authority in a manner that facilitates efficiency and achieves the best possible results for the City Council and the community.
Scope
This policy applies to the Greater Geelong City Council and any instruments of delegation established by the Council the Chief Executive Officer and the Municipal Building Surveyor under the Local Government Act 1989 and any other Acts.
Delegation instruments are not the source of all delegated authority. Actions may also be taken by City staff under implied authority arising from position descriptions policies procedures schedules guidelines and practices.
Definitions
This section defines the key terms used in this policy.
Act: Local Government Act (Vic) 1989
Agreement or contract: Documents having the effect when signed or approved of committing the City to legally binding obligations.
CEO: The Chief Executive Officer of the City of Greater Geelong.
City: The City of Greater Geelong organisation led by the CEO.
Conflict of interest: Has the same meaning as that contained in the Act.
Council: The City of Greater Geelong Council comprised of elected councillors and led by the Mayor.
Delegate: An officer or a group of persons such as a committee with delegated authority pursuant to either a resolution of Council or written instrument signed by the CEO.
Delegation: The conferral of an authority to a position to exercise a power duty or function on behalf of Council. The authority is exercised in the name of the delegate.
ELT: The Executive Leadership Team of the City as constituted from time to time.
MBS: The Municipal Building Surveyor of the City of Greater Geelong.
Policy
Sources of Council power
Council is a statutory entity. It is able to do only those things that it is authorised by statute to do.
The sources of council power are:
- power to do things that a “natural person” can do. Section 5 of the Act gives Council the power to deal with property and more generally the capacity to do anything which bodies corporate may by law do “which are necessary or expedient” for performing its functions and exercising its powers
- powers conferred by provisions of acts and regulations such as t