Council decisions and powers

Our Council is a legal entity composed of its members. It can only act in one of two ways: by resolution at a Council meeting, or through Council officers acting on its behalf.

Most Council decisions are not made at Council meetings. Effective functioning of local government would not be possible if they were. Instead, most decision-making is supported by formal delegations.

Council staff can act or make decisions in one of two ways: in accordance with legislation or statutory instruments such as the Local Government Act 1989 and the Local Government Act 2020 (Vic) and the Planning and Environment Act 1987 (Vic), or under Council delegations.

Council delegations

Where Council needs to act through others, the appointment is formalised through a written ‘instrument of delegation’. This delegates powers, duties and functions to Council officers, and in some instances, delegated committees of Council.

The Delegation Framework, Policy and Procedures outline the framework in which Council officers exercise their delegated powers and functions.

These instruments of delegation represent Council’s ‘register of delegations’.

To view the original instruments, contact the Governance unit via governance@mrsc.vic.gov.au or (03) 5422 0333.

Delegations are updated when legislation is amended.

C4 – Instrument of Delegation (Delegated Committees)

Grants powers to the Submitters Delegated Committee for hearings under the Community Engagement Policy.

S5 – Instrument of Delegation from Council to CEO

Delegates Council powers, duties, and functions to the CEO.

S6 – Instrument of Delegation from Council to Members of Staff

Delegates specific powers under various Acts and Regulations directly to staff.

S7 – Instrument of Sub-Delegation by CEO to Staff

Covers Council powers in legislation without a specific delegation provision, plus miscellaneous powers

S12 – Instrument of Delegation and Authorisation by the Municipal Building Surveyor

This relates to the delegation of powers, duties and functions of the MBS to a member of Council staff.

S13 – Instrument of Delegation by CEO of CEO powers, duties and functions

Allows CEO to delegate their own statutory powers under Victorian legislation.

S14 – Instrument from CEO to Staff (VicSmart)

CEO delegates planning powers for VicSmart applications under the Planning & Environment Act 1987.

S16 – Instrument of Delegation by CEO for Bushfire Reconstruction Applications

CEO delegates planning powers for bushfire-related applications.

S18 – Instrument of Sub-Delegation under Environment Protection Act 2017

Sub-delegates EPA powers (delegated to Council) to staff.

S19A – Instrument of Delegation of the Municipal Fire Prevention Officer

Sub-delegates powers from the Municipal Fire Prevention Officer to Assistant Municipal Fire Prevention Officer(s).

S20A – Instrument of Delegation by CEO for Child link Users

CEO delegates powers under the Child Wellbeing and Safety Act 2005.

Authorised Officer Register

What is an Authorised Officer?

An Authorised Officer is a Council employee appointed, through an Instrument of Appointment and Authorisation, for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the council.

Who appoints an Authorised Officer?

There are two ways an Authorised Officer can be appointed:

  • by Council at a Council meeting; or
  • by the Chief Executive Officer.

NOTE: The appointment is by means of an Instrument of Appointment and Authorisation that fall under section 224 of the Local Government Act 1989.

What powers does an Authorised Officer have?

Authorised Officer specific powers vary, depending on the piece of Legislation they work under and their position responsibilities. Authorised Officers also have the power to institute proceedings and represent Council in Court.

Authorised Officer identification card

All Authorised Officers have an identification card with information including: the officer’s photograph and signature and the Chief Executive Officer’s signature.

Register of Authorised Officers

Council maintains and makes available to the public a register of  Authorised Officers appointed under s.224 and s.224(1A) of the Local Government Act 1989.

Related Information

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