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Delegation of authority

MANUAL OF DELEGATED AUTHORITIES FROM THE GENERAL MANAGER TO COUNCIL STAFF

15.00 DELEGATION OF AUTHORITY – GENERAL MANAGER
 
15.01 GENERAL MANAGER'S OPERATIONAL, PLANNING AND MANAGEMENT SYSTEM
 
The General Manager is the recipient of delegated authority from the Council and the General Manager then delegates specific powers to specific staff positions to form the responsibility and accountability chain.
 
The General Manager is generally responsible for the efficient and effective operation of the Council's organisation and for ensuring the implementation, without undue delay, of decisions of the Council. This is achieved by maintaining an adequate system of delegation and responsibility which will permit staff to undertake their duties promptly.
 
"Accountability" to Council for the performance of duties and for the proper exercise of delegated authorities remains with the General Manager.
 
All employees are accountable to the General Manager for the proper performance of their duties and the exercise of delegated authorities.
 
This chain permits executive and managerial control and accountability to be maintained throughout the organisation.
 
15.02 STATUTORY PROVISION
(Section 377 Local Government Act, 1993)

A Council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the Council) any of the functions of the Council, other than the following:
  • the making of a rate.
  • a determination under section 549 as to the levying of a rate.
  • the making of a charge.
  • the fixing of a fee.
  • the borrowing of money.
  • the voting of money for expenditure on its works, services or operations.
  • the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property.
  • the acceptance of tenders which are required under this Act to be invited by the Council.
  • the adoption of a management plan.
  • the adoption of a financial statement included in an annual financial report.
  • a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6.
  • the fixing of an amount or rate for the carrying out by the Council of work on private land.
  • the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the Council for the carrying out of any such work.
  • the review of a determination of an application for approval.
  • the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194.
  • a decision under Section 356 to contribute money or otherwise grant financial assistance to persons.
  • the power of the Council under section 455 in relation to attendance at meetings.
  • the making of an application, or the giving of a notice, to the Governor or Minister.
  • the making of any decision which in the terms of the Act must be made by resolution of Council

Further Information on Delegations:

  1. "Accountability" to Council for the proper or improper exercise of delegated authorities and powers, always remain with the General Manager. This happens because a delegate having exercised powers, shall, if required by the General Manager, report to the General Manager and shall be accountable to him for the exercise of any such powers. Consequently, whilst the General Manager is accountable to Council, the appropriate delegate becomes accountable to the General Manager.
  2. All letters, permits, consents, notices, certificates, orders and the like will be signed by the Mayor or by the General Manager. The General Manager may authorise other officers to sign such documents as he may specify in writing.
  3. The name of the originator of any letter should be shown in conjunction with Council's file reference. This allows executive and managerial control and accountability to be maintained throughout the organisation.
  4. Operating authority is to a specified staff position.
15.03 GENERAL MANAGER - STATUTORY DELEGATIONS - FUNCTIONS
 
In addition to the General Manager being responsible for the efficient and effective operation of the Council's organisation and for ensuring the implementation, without undue delay, of the decisions of Council, the General Manager also has the following particular functions: (Section 335)
  • the day-to-day management of the Council;
  • to exercise such of the functions of Council as are delegated by the Council to the General Manager;
  • to appoint staff in accordance with an organisation structure and resources approved by Council;
  • to direct and dismiss staff;
  • to implement the Council's equal opportunity management plan.
The General Manager has such other functions as may be conferred or imposed on the General Manager by or under the Local Government Act, 1993 or any other Act (Section 335(3)).
 
The General Manager may appoint or dismiss senior staff only after consultation with the Council (Section 337).
 
15.04 GENERAL MANAGER - DELEGATIONS FROM COUNCIL
 
The Council has delegated functions to the General Manager as follows:
  1. Council hereby delegates to the General Manager all the functions of Council, under all Acts that permit a function to be delegated, including those functions deemed by Section 381 of the Local Government Act 1993 (as amended) to be conferred or imposed on Council, but excluding any function which Council is by law prohibited from delegating, subject to the condition that the Mayor may at any time by written direction, or Council may at any time by resolution, direct that a particular matter be referred to Council for decision, in which event this delegation shall not apply to such particular matter unless and until such direction or resolution is revoked by further direction or resolution.
  2. Council hereby delegates authority the General Manager to approve the Auburn Local Traffic Committee’s recommendations on all matters other than –
     
    a)    Road Closures for works other than road works for temporary purposes.
    b)    Light traffic thoroughfares (load limits).
     
15.05 RESERVATIONS TO COUNCIL
  1. The General Manager shall not twice refuse development applications under the Environmental Planning and Assessment Act, 1979 under delegated authority. Any second refusal shall be confirmed by Council resolution.
  2. The review of determinations under Section 82A of the Environmental Planning and Assessment Act, 1979.
15.06 DELEGATION TO THE GENERAL MANAGER FROM OUTSIDE SOURCES
  • From Director-General of Health
    • Powers of the Director-General of Health under Part 4, Division 2 of the Food Act 1989.

NOTE: This authority relates to issuing clean-up notices to food premises if those premises are not in a clean and sanitary state and closure notices to same premises where the notice is not complied with.

  • From Environment Protection Agency:
    • Authority to Council to authorise the General Manager to sub delegate to Council Officers to undertake functions under Environment Protection Legislation.