Council decisions and powers

Elected Council

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 officers

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 (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.

Our delegation regime is outlined in Delegation Framework, Policy and Procedures. This document establishes the framework in which Council officers exercise their delegated powers and functions.

Our current instruments of delegation include:

Council to the Chief Executive Officer (CEO) (s5)

An instrument of delegation to the CEO was approved by Council on 24 June 2020: Instrument of Delegation—Council to CEO(PDF, 741KB)

Council to positions in the organisation (s6)

An instrument of delegation was approved by Council on 26 August 2020. This instrument covers a range of powers, duties and functions under specific Acts and regulations where the delegation must be from the Council direct to the position: Instrument of Delegation—Council to Staff(PDF, 789KB)

CEO to various positions in the organisation

An instrument of delegation was approved by the CEO on 4 November 2020. This instrument also covers powers, duties and functions under a wide range of Acts and regulations, and a range of miscellaneous (i.e. non statutory) items: Instrument of Delegation—CEO to Staff(PDF, 2MB)

Delegated Committees

Council may delegate powers, duties and functions to members of delegated committees in accordance with sections 11 and 63 of the Local Government Act.

Submitters Delegated Committee

On 26 August 2020, Council established the Submitters Delegated Committee and approved an instrument of delegation to the committee to hear from:

  • people in support of written submissions lodged in accordance with section 223 of the Local Government Act 1989
  • people in support of written submissions lodged in accordance with those matters specified in the Community Engagement Policy as matters that will be subject to a submitters delegated committee hearing
  • objectors and submitters to planning applications
  • planning permit applicants and/or land owners in relation to planning permit applications: Instrument of Delegation—Submitters Delegated Committee(PDF, 259KB)

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.