Delegations Register

 

Delegations Register

Delegations - General Information

Councils have certain duties that they must perform, and certain powers which they may exercise, pursuant to the Local Government Act 1999 as well as a range of other Acts. In most cases the relevant Acts grant those obligations and powers directly on the Council as a body. It is not practical or efficient for the Council as a body of elected members to perform the many functions or undertake the many activities that are required in the day to day administration of the Council's roles and functions. Delegations are the way in which the Council enables other people/bodies (usually Council officers) to undertake these steps on its behalf. Therefore it is necessary for the Council to take formal steps to delegate to such people/bodies the authority to make decisions, perform functions or undertake activities on behalf of the Council.

If the delegations are not done properly, the enforceability of decisions and actions taken may be compromised and there may be legal and administrative problems for the Council.

As a matter of best practice it is usual for delegations to be made by the Council to the Chief Executive Officer. Once the delegations to the Chief Executive Officer have been made, it is appropriate for the Chief Executive Officer to make sub delegations to the relevant Council officers.

South Australian Acts can be located here.

Legislative Requirements Relating To Delegations

Section 44 of the Local Government Act 1999 provides that the Council may delegate a power or function vested or conferred under this or another Act. Some other Acts also contain a specific power of delegation. Delegations made by the Council under Section 44 of the Local Government Act 1999 can be made to a Council committee, a subsidiary of the Council, an employee of the Council, the employee of the Council for the time being occupying a particular office or position or, an authorised person. Other Acts may specify different delegates than the Local Government Act 1999. A delegation made pursuant to Section 44 of the Local Government Act 1999 is revocable at will and does not prevent the Council from acting in a matter.

Pursuant to Section 44(3) of the Local Government Act 1999 there are a number of matters which Councils cannot delegate. They include the following:

(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

(j)
(k)

power to make a by-law;
power to declare rates or a charge with the character of a rate;
power to borrow money or to obtain other forms of financial accommodation;
power to adopt or revise a strategic management plan or budget of the council;
power to approve expenditure of money on works, services or operations of the council not contained in a budget approved by the council;
power to determine annual allowances under Chapter 5;
power to approve payment or reimbursement of expenses that may be paid at the discretion of the council and for which the council has not adopted a formal policy or made specific financial provision;
power to establish a subsidiary, or to participate in the establishment of a regional subsidiary;
power to make an application or recommendation, or to report or to give a notice, to the Governor or the Minister, being an application, recommendation, report or notice for which provision is made by or under this or another Act;
power to fix, vary or revoke a fee under section 188(1)(d) to (h);
a power or function excluded from delegation by the regulations.

Section 44 of the Local Government Act 1999 sets out various other matters in relation to delegations. For example:

  • Section 44(6) provides that the Council must cause a separate record to be kept of all delegations made under Section 44, and should at least once in every financial year review the delegations for the time being in force under Section 44;
  • Section 44(7) provides that a person is entitled to inspect (without charge) the record of delegations under Section 44(6) at the principal office of the Council during ordinary office hours.

Section 101 of the Local Government Act 1999 provides that the Chief Executive Officer may delegate (or sub-delegate) a power or function vested or conferred in or on the Chief Executive Officer under the Local Government Act 1999. Section 101 sets out various other matters in relation to delegations (or sub-delegations) by the Chief Executive Officer. A delegation by the Chief Executive Officer made under Section 101 of the Local Government Act 1999 may be made to an employee of the Council, or to the employee for the time being occupying a particular office or position, a committee comprising employees of the Council, or an authorised person.

Delegations Register - Acts

Burial and Cremation Act 2013 and Burial and Cremation Regulations 2014
Community Titles Act 1996 
Development Act 1993 (Development Plans) Amendment Act 2006 and Development Regulations 2008 
Dog and Cat Management Act 1995
Electricty Act 1996
Electronic Conveyancing National Law (South Australia) Act 2013
Environment Protection Act 1993 & Environment Protection (Waste Resources) Policy 2010 
Expiation of Offences Act 1996  
Fences Act 1975
Fines Enforcement and Debt Recovery Act 2017
Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005
Food Act 2001 
Freedom of Information Act 1991 and the Freedom of Information (Fees and Charges) Regulations 2003 
Gas Act 1997
Heavy Vehicle National Law (South Australia) Act 2013 
Land and Business (Sale and Conveyancing) Act 1994
Liquor Licensing Act 1997 
Local Government Act 1999
Local Nuisance and Litter Control Act 2016 & Local Nuisance and Litter Control Regulations 2017
Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005 
Planning Development and Infrastructure Act 2016
Real Property Act 1886    
Retirement Villages Act 1987 and Retirement Villages Regulations 2006 
Roads (Opening and Closing) Act 1991 
Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and Road Traffic (Road Rules - Ancillary and Miscellaneous Provisions) Regulations 2014     
Authorisations Under The Road Traffic Act 1961 Made in Accordance with the Notice to Council dated 22nd August 2013 from the Minister for Transport
Safe Drinking Water Act 2011     
South Australian Public Health Act 2011      
Strata Titles Act 1988
Supported Residential Facilities Act 1992 and the Supported Residential Facilities Regulations 2009 
Unclaimed Goods Act 1987   
Water Industry Act 2012 and Water Industry Regulations 2012    
Work Health and Safety Act 2012
 

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