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[Year] Delegation of Authority Master Schedule

Gosford City Council Edition 5: May 2012


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TABLE OF CONTENTS

Introduction ............................................................................................................... 1 Positions ................................................................................................................... 1 Contractors Engaged by Council ............................................................................... 1 Further Enquiries....................................................................................................... 1 Additional Information................................................................................................ 1 Authorisation ............................................................................................................. 1 Council ...................................................................................................................... 2 The Mayor and Councillors........................................................................................ 4 General Manager ...................................................................................................... 5 Staff .......................................................................................................................... 6


Introduction In accordance with Section 377 of the Local Government Act 1993, the Council at its meetings of 14 June 1994, 8 March 2005 and 23 June 2009 resolved to grant the delegations as set out in the manual to the General Manager. The General Manager has delegated those matters set out in the section headed "Delegations to staff". Delegations include staff acting in the positions mentioned. This Delegations Manual is to be read in conjunction with Council's Policy and Procedures as well as the relevant Acts and Regulations.

Positions In order to keep the Manual consistent, a limited list of job families is used to assign delegation to staff. The job families listed reflects the job performed rather than the individual person's title. All delegations listed are subject to change and any limitations set by the General Manager or Manager.

Contractors Engaged by Council The General Manager may issue a Delegation of Authority Letter to a Contractor engaged by Council or a Contractor's Employee.

Further Enquiries Should you require any further information in relation to the Delegations please contact Council’s Customer Service Centre on 4325 8222 or email goscity@gosford.nsw.gov.au

Additional Information These Delegations have been allocated to position families. Please be aware that the occupants of a specific position within a family may have had limitations to exercise these Delegations set by the Supervisor/Manager.

Authorisation Authorised by the Acting General Manager, Stephen Glen.

Gosford City Council - Delegation of Authority Manual Adopted: May 2012

1 Review by: 30 June 2012


Council GENERAL POWER OF THE COUNCIL TO DELEGATE

Title LOCAL GOVERNMENT ACT, 1993 SECTION 377

Details In accordance with Section 377 of the Local Government Act 1993 the 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 except those noted in Section 377:               

      

The appointment of a general manager 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 (but not including the sale of items of plant or equipment) The acceptance of tenders which are required under this Act to be invited by the Council The adoption of a management plan (under Section 405) 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 made by the Council, and not by a delegate of the Council, of an application for approval or an application that may be reviewed under Section 82A of the Environmental Planning and Assessment Act 1979 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 A decision under Section 234 to grant leave of absence to the holder of a civic office The making of an application, or the giving of a notice, to the Governor or Minister This power of delegation Any function under this or any other Act that is expressly required to be exercised by resolution of the Council.

Gosford City Council - Delegation of Authority Manual Adopted: May 2012

2 Review by: 30 June 2012


Title

Details

LOCAL GOVERNMENT ACT, 1993 SECTION 377 (cont'd)

B

LOCAL GOVERNMENT ACT, 1993 SECTION 381

Exercise of functions conferred or imposed on council employees under other Acts

A Council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the Council

1

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 in accordance with this section, the function is taken to be conferred or imposed on the council.

2

Such a function may be delegated by the council in accordance with this Part.

3

A person must not, under any other Act, delegate a function to: •

the general manager, except with the approval of the council

•

an employee of the council, except with the approval of the council and the general manager.

Gosford City Council - Delegation of Authority Manual Adopted: May 2012

3 Review by: 30 June 2012


The Mayor and Councillors Title

Details

DELEGATION OF AUTHORITY

By Council’s procedural Minute No 547/94 dated 14 June 1994, the Mayor and all Councillors are authorised in respect to the following Acts:-

LOCAL GOVERNMENT ACT, 1993 SECTION 377

Power of Entry To exercise the power of entry for the purpose of undertaking Council Committee inspections in accordance with Section 199 of the Local Government Act 1993. Expulsion Power of expulsion from a meeting of the Council or its Committees be given to the Mayor or Chairperson.

ENVIRONMENT AL PLANNING AND ASSESSMENT ACT 1979

Power of Entry To exercise the power of entry under the provisions of Section 118A of the Environmental Planning and Assessment Act 1979 for the purpose of undertaking Council Committee inspections.

Gosford City Council - Delegation of Authority Manual Adopted: May 2012

4 Review by: 30 June 2012


General Manager Title

Details

DELEGATION OF AUTHORITY

A

The delegation as General Manager to undertake those powers, functions, duties and responsibilities contained in the Local Government Act 1993 and Council’s Policy/Delegations Manuals, as amended, and further delegation under Section 377 of the Local Government Act 1993 to include those powers of Council as specified in all other Acts under which Council has powers, authorities, duties and functions.

B

Delegation given to the General Manager by a person other than the Council under other Acts. (Section 381 Local Government Act).

C

To instruct Council's solicitors relating to matters in the Land and Environment Court.

LOCAL GOVERNMENT ACT 1993

Functions of general manager Section 335 - Functions of general manager 1 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. 2

The general manager has the following particular functions: • to assist the council in connection with the development and implementation of the community strategic plan and the council’s resourcing strategy, delivery program and operational plan and the preparation of its annual report and state of the environment report • the day-to-day management of the council • to exercise such of the functions of the council as are delegated by the council to the general manager • to appoint staff in accordance with an organisation structure and resources approved by the council • to direct and dismiss staff • to implement the council’s equal employment opportunity management plan.

3

The general manager has such other functions as may be conferred or imposed on the general manager by or under this or any other Act.

Gosford City Council - Delegation of Authority Manual Adopted: May 2012

5 Review by: 30 June 2012


Staff Click on link to view Staff Delegations Delegations to Staff Register - Current GIPA link

Gosford City Council - Delegation of Authority Manual Adopted: May 2012

6 Review by: 30 June 2012


Test  

This is a test nothing more than that.

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