While Council meetings are the formal decision-making forum for matters over which Council has jurisdiction, there are a number of Council decisions that are not made at formal meetings. Effective functioning of local government would not be possible if all decisions had to go to Council. Instead, a range of decision making powers are allocated by formal delegation to the General Manager.
At its meeting on 13 September 2022, Council delegated to the General Manager any functions, powers, duties and authorities of the Council with the exclusion of those listed in Section 377 (1) clauses (a) to (u) of the Local Government Act 1993 as follows:
377 General power of the council to delegate
- 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:
- appointment of a general manager
- making of a rate
- determination under section 549 as to the levying of a rate
- making of a charge
- fixing of a fee
- borrowing of money
- voting of money for expenditure on its works, services or operations
- compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment)
- acceptance of tenders which are required under this Act to be invited by the council
- adoption of an operational plan under section 405
- adoption of a financial statement included in an annual financial report
- decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6
- fixing of an amount or rate for the carrying out by the council of work on private land
- 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
- 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
- power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194
- decision under section 356 to contribute money or otherwise grant financial assistance to persons
- decision under section 234 to grant leave of absence to the holder of a civic office
- making of an application, or the giving of a notice, to the Governor or Minister
- power of delegation
- function under this or any other Act that is expressly required to be exercised by resolution of the council.
1A. Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:
- a. the financial assistance is part of a specified program, and
- b. the program is included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and
- c. the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied
- for that year, and
- d. the program applies uniformly to all persons within the council’s area or to a significant proportion of all the persons within the council’s area.
Pursuant of Section 378 of the Local Government Act 1993, the General Manager can sub-delegate functions to staff.
This register of delegations is the list of functions that the General Manager has delegated to staff. Delegations from Council to the General Manager are required to be reviewed within 12 months following a general election: