Bradley Allen Love – Further Information

Local councils have hundreds of different functions in many different Acts and Regulations. The power of a local council to delegate its functions is contained in section 377 of the Local Government Act 1993. That section provides that a council may delegate any of its functions, except those listed in subsections 377(1)(a) to (u), to the general manager or ‘any other person or body’. Under section 378, the general manager may then delegate any of the functions delegated to the general manager to ‘any person or body (including another employee of the council)’.

This delegations register sets out the functions that may be delegated by a local council to its general manager or other people and sub-delegated by the general manager to council staff council staff, council committees and other people.

We note that, under various Acts, members of council staff may be delegated functions and responsibilities by State authorities. For example, under the Road Transport (Mass, Loading & Access) Regulation 2005, Roads and Maritime Services may appoint a member of staff of a local council as an authorised officer for the purposes of enforcing the provisions of that Act. Legislation may also may impose functions directly on employees of a council or the mayor or councillors. Section 381 of the Local Government Act 1993 provides that if, under any other Act, a function is conferred or imposed on an employee of a council or on the mayor or a councillor of a council, otherwise than by delegation, the function is taken to be conferred or imposed on the council and may be delegated by the council in accordance with Part 3 of the Local Government Act. The register does not canvass this type of delegation.

Users of the register should also be aware that it does not contain reference to the functions/responsibilities of Council that cannot be delegated. For the types of functions that cannot be delegated generally, see section 377 of the Local Government Act 1993.

Users of the register should also be aware that the register does not contain detailed information on the proper exercise of a function by council or its delegates. There may be detailed procedural or other formal requirements that relate to a particular function. For example, the function of determining a development application may be accompanied by the requirement to notify adjoining landholders, publicly exhibit the development application, notify the applicant of the determination, etc. Where council or a delegate is unsure as to how to properly exercise a function council or the delegate should seek legal advice.