Delegation Register 2022/2023 Adopted by Council Item: GM-011/22 Date: 28 June 2022 - City of Rockingham
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City of Rockingham Delegation Register 2022/2023 Adopted by Council Item: GM-011/22 Date: 28 June 2022
Introduction
Purpose of delegations
A delegation is the conferral of the ability to exercise a power or duty to a person or body from a
person or body that is vested with the responsibility to exercise that power or duty. When a person
or body exercises delegated authority they do so “on behalf” of the delegator.
The aim of delegated authority is to assist with improving the time taken to make decisions within
the constraints allowed by the relevant legislation. This is consistent with the City’s commitment to
a strong customer service focus. The register details the related document(s) where the power to
delegate is derived from, including legislation and policies of the Council. This enables easier
cross-referencing. This delegated authority register will be reviewed in accordance with the Local
Government Act 1995 (the Act) on an annual basis. The coordination of the review will be
performed through Governance and Councillor Support.
Legislation
The Local Government Act 1995 (the Act) allows for a local government to delegate to the Chief
Executive Officer the exercise of any of its powers or the discharge of any of its duties under the Act
except those listed in s5.43. All delegations made by the Council must be by absolute majority
decision as per s5.42 of the Act.
s5.42. Delegation of some powers and duties to CEO
(1) A local government may delegate* to the CEO the exercise of any of its powers or the
discharge of any of its duties under —
(a) this Act other than those referred to in section 5.43; or
(b) the Planning and Development Act 2005 section 214(2),(3) or (5).
* Absolute majority required.
(2) A delegation under this section is to be in writing and may be general or as otherwise provided
in the instrument of delegation.
Associated legislation
Legislation other than the Act, its regulations and the local government’s local laws created under
the Act where delegations or authorisations may occur are as follows:
• Local Government Act 1995 and regulations;
• Building Act 2011 and regulations;
• Bush Fires Act 1954, regulations and local laws created under that Act;
• Dog Act 1976 and regulations;
• Food Act 2008 and regulations;
• Health Act 1911, regulations and local law created under that Act;
• Land Administration Act 1997 and regulations;
• Local Government (Miscellaneous Provisions) Act 1960;
• Planning and Development Act 2005 including regulations, and adopted policies.
Note: This is not an exhaustive list
Matters which cannot be delegated
The following are decisions that cannot be delegated by Council to the Chief Executive Officer as
per s5.43 of the Act.
s5.43. Limits on delegations to CEO
A local government cannot delegate to a CEO any of the following powers or duties —
(a) any power or duty that requires a decision of an absolute majority of the council;
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 2(b) accepting a tender which exceeds an amount determined by the local government for
the purpose of this paragraph;
(c) appointing an auditor;
(d) acquiring or disposing of any property valued at an amount exceeding an amount
determined by the local government for the purpose of this paragraph;
(e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100;
(f) borrowing money on behalf of the local government;
(g) hearing or determining an objection of a kind referred to in section 9.5;
(ha) the power under section 9.49A(4) to authorise a person to sign documents on behalf of
the local government;
(h) any power or duty that requires the approval of the Minister or the Governor;
(i) such other powers or duties as may be prescribed.
Delegation by the Chief Executive Officer
Section 5.44(1) of the Act allows for the Chief Executive Officer to delegate any of the powers to
another employee and must be in writing as per s5.44(2). The Act also allows for the Chief Executive
Officer to place conditions on any delegations if desired under s5.44(4).
A register of delegations relevant to the Chief Executive Officer and other employees is to be kept
and reviewed at least once every financial year as per s5.46(1) and (2) of the Act. If a person is
exercising a power or duty that they have been delegated, the Act requires that records be kept
whenever the delegated authority is used as per s5.46(3) of the Act.
Where a power or duty has been delegated under the Act to the CEO or any other local
government employee, delegates must keep records as per Regulation 19 of Local Government
(Administration) Regulations 1996.
r19. Delegates to keep certain records (Act s. 5.46(3))
Where a power or duty has been delegated under the Act to the CEO or to any other local
government employee, the person to whom the power or duty has been delegated is to keep a
written record of —
(a) how the person exercised the power or discharged the duty; and
(b) when the person exercised the power or discharged the duty; and
(c) the persons or classes of persons, other than council or committee members or
employees of the local government, directly affected by the exercise of the power or the
discharge of the duty.
Departments responsible for a work process are to ensure that data is captured and records
managed in accordance with all legislation, as well as preparing reports to Council where required
under a specific delegation. This includes recording of delegated authority of the Chief Executive
Officer where applicable, once approved through a signed authority by the Chief Executive Officer.
A person to whom a power is delegated under the Act is considered to be a ‘designated employee’
under s5.74(b) of the Act and is required to complete a primary and annual return each year.
There is no power for a person other than the CEO to delegate a power as stated in s5.44(1) of the
Act.
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 3Acting through
Local Government Act 1995 – Section 5.45(2)
Nothing in this Division (Division 4 – Local Government Employees) is to be read as preventing-
(a) a local government from performing any of its functions by acting through a person other
than the CEO; or
(b) a CEO from performing any of his or her functions by acting through another person.
The key difference between a delegation and “acting through” is that a delegate exercises the
delegated decision making function in his or her own right. The principal issue is that where a person
has no discretion in carrying out a function, then that function may be undertaken through the “acting
through” concept. Alternatively, where the decision allows for discretion on the part of the decision
maker, then that function needs to be delegated for another person to have that authority.
The difference between a delegated authority to exercise a discretion on behalf of the City and acting
through another person to undertake a function on behalf of the City where no discretion exists is
reinforced by Section 56 of the Interpretation Act 1984 which states –
56. “May” imports a discretion, “shall” is imperative
(1) Where in a written law the word may is used in conferring a power, such word shall be
interpreted to imply that the power so conferred may be exercised or not, at discretion.
(2) Where in a written law the word shall is used in conferring a function, such word shall be
interpreted to mean that the function so conferred must be performed.
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 4Contents
1. Local Government (Council) to the Chief Executive Officer ...............................................8
1.1 Use of Council Crest and Logo ......................................................................................8
1.2 Variation and Extension of Contracts ............................................................................9
1.3 Appoint Authorised Persons ........................................................................................10
1.4 Powers of Entry ...........................................................................................................12
1.5 Expression of Interest and Tenders – For Supply of Goods or Services ...................... 13
1.6 Acceptance/Rejection of Tenders – For Supply of Goods or Services ......................... 15
1.7 Execution of Lease Documents ...................................................................................16
1.8 Employment of Senior employees ...............................................................................17
1.9 Appoint Acting Chief Executive Officer ........................................................................ 18
1.10 Legal Representation – Elected Members ................................................................... 19
1.11 Land Acquisition to Purchase Privately Owned Land................................................... 20
1.12 Bert England Lodge.....................................................................................................21
1.13 Execution of Documents / Common Seal .................................................................... 22
1.14 Approve Short Listing of Artists ...................................................................................23
1.15 Behaviour Complaints Committee ...............................................................................24
1.16 Appointing Internal and External Complaints Officer - Local Government (Model Code
of Conduct) Regulations ..............................................................................................26
1.17 Disposal of Property ....................................................................................................27
1.18 Electoral Roll Eligibility Claims Processing .................................................................. 28
1.19 Administration of Local Laws .......................................................................................30
1.20 Sand Extraction from the Bent Street Boat Ramp Navigation Channel/Tern Bank
Sandbar ......................................................................................................................32
2. Corporate Services ..............................................................................................................33
2.1 Payment from Municipal Fund or Trust Fund ............................................................... 33
2.2 Trust Fund - Transfers.................................................................................................34
2.3 Waive / Grant Concession or Write Off Monies Owing ................................................ 35
2.4 Amend the Rate Record ..............................................................................................36
2.5 Agreement as to Payment of Rates and Service Charges ........................................... 37
2.6 Rates or Service Charges Recoverable in Court ......................................................... 38
2.7 Change of Basis of Rates ............................................................................................39
2.8 Recovery of Rates Debts – Require Lessee to Pay ..................................................... 40
2.9 Recovery of Unpaid Rates – Taking Possession of the Land ...................................... 41
2.10 Extension of Time for Objection to the Rate Record .................................................... 42
2.11 Disposal of Property ....................................................................................................43
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 52.12 Approve Lease Property Grants ..................................................................................44
2.13 Procurement Framework .............................................................................................45
3. Community Development ....................................................................................................46
3.1 Approve Minor Grants .................................................................................................46
4. Compliance and Emergency Liaison..................................................................................47
4.1 Bush Fires Act – Powers and Duties ........................................................................... 47
4.2 Bush Fires Act – Prohibited Burning Times ................................................................. 48
4.3 Bush Fires Act – Prosecutions ....................................................................................49
4.4 Disposing of Confiscated or Uncollected Goods .......................................................... 50
4.5 Dog Act 1976 – Section 10AA .....................................................................................51
4.6 Administration and Enforcement of the Cat Act 2011 .................................................. 52
4.7 City of Rockingham Parking Local Law 2018 / Local Government (Parking for People
with Disabilities) Regulations 2014 ..............................................................................53
4.8 Administration of Local Laws .......................................................................................54
4.9 Dogs – Keeping of More than Two ..............................................................................56
4.10 Extension of Time and Withdrawal Notices ................................................................. 57
5. Building Services – Building Act 2011, Building Regulations 2012, and Building
Service (Registration) Regulations 2011 ............................................................................ 58
5.1 Building and Demolition Permits ..................................................................................58
5.2 Occupancy Permits and Building Approval Certificates ............................................... 60
5.3 Building Orders ...........................................................................................................62
5.4 Building Information.....................................................................................................64
5.5 Private Swimming Pools ..............................................................................................66
5.6 Smoke Alarms .............................................................................................................67
5.7 Fencing .......................................................................................................................68
5.8 State Administrative Tribunal Proceedings .................................................................. 69
5.9 Infringement Notices – Building Services .................................................................... 70
5.10 Signs, Hoardings and Bill Posting................................................................................71
6. Health Services ....................................................................................................................72
6.1 Food Act 2008 – Prohibition Orders ............................................................................ 72
6.2 Food Act 2008 – Registration of Food Business .......................................................... 73
6.3 Food Act 2008 – Prosecutions ....................................................................................74
6.4 Liquor Control Act 1988 – Certification of Premises..................................................... 75
6.5 Gaming and Wagering Commission Act 1987 – Certification of Premises ................... 76
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 67. Planning Services ................................................................................................................77
7.1 Town Planning Scheme ..............................................................................................77
7.2 Planning and Development Act 2005 – Other Delegations .......................................... 86
7.3 Approved Subdivisions ................................................................................................90
8. Asset Services .....................................................................................................................91
8.1 Road Closures – Temporary .......................................................................................91
8.2 Payment of Subsidies..................................................................................................92
8.3 Control and Management of Land, Facilities and Reserves ......................................... 93
8.4 Graffiti Vandalism ........................................................................................................94
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 71. Local Government (Council) to the Chief Executive Officer
1.1 Use of Council Crest and Logo
Function Delegated: To approve the use of the City of Rockingham Crest and Logo by
Elected Members and community organisations.
Statutory Power Local Government Act 1995
being Delegated: s3.18 Performing Executive Functions
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
s3.18 Performing Executive Functions
Power Delegated to: Chief Executive Officer
Council’s Conditions Subject to Council Policy - “Use of Crest and Logo”
on Delegation:
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Each decision made under this delegated authority must be recorded
s5.46(3) and clearly identifiable as a delegated authority decision in an
appropriate register.
Compliance Links • Local Government Act 1995
• Council Policy – Use of Crest and Logo
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 81.2 Variation and Extension of Contracts
Function Delegated: To approve variations and extensions to a contract, subject to the
terms of existing contracts.
Statutory Power Local Government Act 1995
being Delegated: s3.18 Performing Executive Functions
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Subject to:
on Delegation: • City of Rockingham Procurement Framework and associated
policy.
• The tender specifying the provisions of the option term;
• The contract providing for the extension / variation;
• The extension being on the same terms and conditions as the last
year of the original term but does allow for price increases in line
with the contract provisions (if any) for price.
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Details of the extension must be recorded in the appropriate file.
s5.46(3)
Compliance Links • Local Government Act 1995
• Contract/Agreement
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 91.3 Appoint Authorised Persons
Function Delegated: To appoint persons or classes of persons to be authorised for the
purpose of fulfilling prescribed functions of the Local Government Act
1995 or any Act where the power of appointment may be delegated.
Statutory Power Local Government Act 1995
being Delegated: s3.31(2) General Procedure for Entering Property
s3.39 Power to remove and impound
Local Government (Miscellaneous Provisions) Act 1960
Part XX – Cattle trespass, pounds, poundkeepers and rangers
Building Act 2011
s96 Authorised persons
s133 Prosecutions
Food Act 2008
s122 Appointment of Authorised Officers
s126 Infringement Notices
s126(13) Designated Officers
Health (Asbestos) Regulations 1992
s15D(7) Infringement notices
Health (Miscellaneous Provisions) Act 1911
s26 Powers of local government
Litter Act 1979
s26(1) Authorised officers, appointment and jurisdiction of etc.
Planning and Development Act 2005
s234 Appointment of designated persons
Public Health Act 2016
s17 Appointment of environmental health officers
s24 Designation of authorised persons
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
s3.24 Authorising persons under this subdivision
Building Act 2011
s127 Delegation: special permit authorities and local
governments
Food Act 2008
s118(2(b) Functions of enforcement agencies and delegation
Health (Asbestos) Regulations 1992
s15D(7) Infringement notices
Public Health Act 2016
s21(1)(b)(i) Enforcement agency may delegate
Power Delegated to: Chief Executive Officer
Council’s Conditions Authority to delegate is limited under s127 of the Building Act 2011.
on Delegation:
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 101.3 Appoint Authorised Persons
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Authority to delegate is limited under s127 of the Building Act 2011.
s5.46(3)
Compliance Links • Local Government Act 1995
• Local Government (Miscellaneous Provisions) Act 1960
• Building Act 2011
• Food Act 2008
• Health (Miscellaneous Provisions) Act 1911
• Planning and Development Act 2005
• Public Health Act 2016
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 111.4 Powers of Entry
Function Delegated: 1. Give a Notice of Entry.
2. Seek and execute an Entry under Warrant.
3. Execute an Entry in an Emergency.
4. Give notice and execute the Opening of a Fence.
Statutory Power Local Government Act 1995
being Delegated: s3.31 General procedure for entering property
s3.32 Notice of entry
s3.33 Entry under warrant
s3.34 Entry in an emergency
s3.36 Opening Fences
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Nil
on Delegation:
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Notices and relevant evidence of determinations to be recorded in
s5.46(3) appropriate register.
Compliance Links Local Government Act 1995, Part 3, Division 3, Subdivision 3
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 121.5 Expression of Interest and Tenders – For Supply of Goods or
Services
Function Delegated: Determine:
1. When to call tenders or not to call tenders [s3.57(1) of the Local
Government Act 1995 (the Act) and Reg.11 of the Local
Government (Functions and General) Regulations 1996 (the
Regulations)].
2. The circumstances to invite tenders, though not required to do so
[Reg.13 of the Regulations];
3. Selection criteria for the acceptance of tenders [Reg.14(2a) of the
Regulations];
4. The information to be disclosed to those interested in submitting a
tender [Reg.14(4)( of the Regulations];
5. Minor variations before entering into a contract [Reg.20 of the
Regulations];
6. Appropriate circumstances (for application of the Expression of
interest process) and to call for Expressions of Interest [Reg.21 of
the Regulations];and
7. Where the successful tenderer does not want to accept the
contract and a variation or agreement cannot be reached,
determine to select the next most appropriate tenderer [Reg.18(6)
of the Regulations].
Statutory Power Local Government Act 1995
being Delegated: s3.57 Tenders for providing goods or services
Local Government (Function and General) Regulations 1996
Reg.11 Tenders to be invited for certain contracts
Reg.13 Procedure when local government invites tenders though
not required to do so
Reg.14 (2a) and (4) Requirements for publicly inviting tenders
Reg.18 Rejecting and accepting tenders
Reg.20 Variation of requirements before entry into contract
Reg.21 Limitation may be placed on who can tender
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Nil
on Delegation:
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Evidence of determinations and notices to be retained in appropriate
s5.46(3) file.
Compliance Links • Local Government Act 1995, Part 3, Division 3, Subdivision 6
• Local Government (Financial Management) Regulations 1996
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 131.5 Expression of Interest and Tenders – For Supply of Goods or
Services
• Purchasing Policy
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 141.6 Acceptance/Rejection of Tenders – For Supply of Goods or
Services
Function Delegated: 1. Acceptance of tenders where there is a Council budget provision
approved up to the value of
(a) $500,000 (excluding GST) per annum, for the supply of goods
or services over a period, that is not more than five years; or
(b) $500,000 for one off projects or any other tender,
as per r18(4) of the Local Government (Functions and General)
Regulations 1996 (the regulations) accepting most advantageous
tender.
2. Rejection of tenders submitted at a place, and written time
specified in the Invitation for tenders, but fail to comply with any
other requirement specified in the Invitation r18(2) of the
Regulations.
3. Decline of any Tender as per r18(5) of the regulations.
4. If no contact formed with successful tenderer within 6 months,
accept the next most advantageous tenderer as per r18(7) of the
regulations.
Statutory Power Local Government Act 1995
being Delegated: s3.57 Tenders for providing goods or services
Local Government (Function and General) Regulations 1996
r18 Rejecting and accepting tenders
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Nil
on Delegation:
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Evidence of determinations and notices to be retained in appropriate
s5.46(3) file.
Compliance Links • Local Government Act 1995, Part 3, Division 3, Subdivision 6
• Local Government (Financial Management) Regulations 1996
• Local Government (Functions and General) Regulations 1996
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 151.7 Execution of Lease Documents
Function Delegated: Authority to execute documents relating to leases on City of
Rockingham property.
Statutory Power Local Government Act 1995
being Delegated: s3.58(2) Leasing of property.
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions In accordance with the Council’s Leasing policy and lease agreement
on Delegation: conditions.
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Details of execution must be recorded in appropriate file.
s5.46(3)
Compliance Links Local Government Act 1995
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 161.8 Employment of Senior employees
Function Delegated: To designate employees or persons belonging to a class of employee
to be senior employees.
Statutory Power Local Government Act 1995
being Delegated: s5.37 Senior Employees
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions As per section 5.37 of the Local Government Act 1995, the following
on Delegation: positions are designated as “senior employees” positions:
• Director Corporate Services
• Director Community Development
• Director Asset Services
• Director Planning and Development Services
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping All documentation relative to the persons employment are to be
s5.46(3) retained as required by legislation
Compliance Links • Local Government Act 1995
• Local Government (Administration) Regulations 1996 – regulation
18(A) – Vacancy in position of CEO or senior employee to be
advertised (Act s.5.36(4) and 5.37(3))
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 171.9 Appoint Acting Chief Executive Officer
Function Delegated: The appointment of persons to perform the role of Acting Chief
Executive Officer during the absence of the Chief Executive Officer.
Statutory Power Local Government Act 1995
being Delegated: s5.36(1)(a) Local Government Employees
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Subject to Council Policy – Appointment of Acting Chief Executive
on Delegation: Officer.
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping All documentation relative to the person’s employment are to be
s5.46(3) retained as required by legislation.
Compliance Links • Local Government Act 1995
• Local Government (Administration) Regulations 1996
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 181.10 Legal Representation – Elected Members
Function Delegated: To authorise legal expenses for Elected Members seeking financial
assistance for legal representation.
Statutory Power Local Government Act 1995
being Delegated: s6.7(2) Municipal Fund
s9.56 Certain persons protected from liability or wrongdoing
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions • Legal expenses do not exceed $5,000
on Delegation: • Approved applications to be presented to the next ordinary meeting
of Council.
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Details of action taken to be recorded on the appropriate file or record.
s5.46(3)
Compliance Links • Local Government Act 1995
• Council Policy “Legal Costs and Cost Indemnification”
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 191.11 Land Acquisition to Purchase Privately Owned Land
Function Delegated: To enter into contracts to purchase privately owned land subject to:
• The facility or infrastructure relative to the subject land having
already been approved or endorsed by Council by way of the
Business Plan, Community Infrastructure Plan or other Council
decision.
• The offer being no greater than a valuation that is less than three
months old
• The offer being within the allocated budget amount
• The offer being subject to a due diligence investigation verifying
the intended land use and activity
• The offer not exceeding $5M
• The offer requiring final approval of the Council
Statutory Power Local Government Act 1995
being Delegated: s3.59 Commercial Enterprises by local governments
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of Some Powers and Duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Section 5.43(d) of the Local Government Act 1995 provides that
on Delegation: Councils must place a maximum limit on a delegation to purchase
land. In this case the limit is $5M.
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping All documentation to be kept on file.
s5.46(3)
Compliance Links Local Government Act 1995
Date Adopted
26 April 2016 Item CD-013/16
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 201.12 Bert England Lodge
Function Delegated: To negotiate and finalise all contractual and land tenure requirements
to complete the sale of Bert England Lodge and transfer 44 aged care
places to an approved aged care provider, for a sale price not less
than 10% of the current valuation by Knight Frank dated 28 August
2020.
Is this still needed
Statutory Power Local Government Act 1995
being Delegated: s3.18 Performing Executive Functions
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of Some Powers and Duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions For a sale price not less than 10% of the current valuation by Knight
on Delegation: Frank dated 28 August 2020 as detailed in the comments section of
this report (refer to Confidential Report CD-001/21) in 12 January 2021
Council Minutes.
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Evidence of contract to be retained in the appropriate file.
s5.46(3)
Compliance Links Local Government Act 1995
Date Adopted
24 Sept 2019 Item CD-021/19
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 211.13 Execution of Documents / Common Seal
Function Delegated: To sign and execute documents and apply the common seal on behalf
of the City of Rockingham.
Statutory Power Local Government Act 1995
being Delegated: s9.49A(4) Execution of Documents
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of Some Powers and Duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Execution of document to be supported by prior approval of Council
on Delegation: via –
• Council Policy
• City Business Plan
• Annual Budget
• Other Council decision
Statutory Power to Local Government Act 1995
Sub-Delegate: s9.49A(4) Execution of Documents
Record Keeping Evidence of signed documents to be saved in relevant files in records
s5.46(3) management systems.
Common Seal applications are to be recorded in Councillor
Information Bulletins.
Compliance Links Local Government Act 1995
Date Adopted
28 July 2020 Item GM-017/20
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 221.14 Approve Short Listing of Artists
Function Delegated: Delegates authority to the Chief Executive Officer to approve, subject to
the requirements of the Council Policy, the short listing of artists to be
invited to tender as part of the expression of interest process for percent
for art projects.
Statutory Power Local Government Act 1995
being Delegated: s3.18 Performing Executive Functions
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of Some Powers and Duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Subject to requirements of Council Policy – Art Collection.
on Delegation:
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Evidence of tender documentation to be recorded on appropriate files.
s5.46(3)
Compliance Links Local Government Act 1995
Date Adopted
27 April 2021 Item CD-011/21
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 231.15 Behaviour Complaints Committee
Function Delegated: Local Government (Model Code of Conduct) Regulations 2021 (MCC):
Clause 12 Dealing with a complaint
Clause 13 Dismissal of complaint
(1) Authority to make a finding as to whether an alleged breach the
subject of a complaint has or has not occurred, based upon
evidence from which it may be concluded that it is more likely that
the breach occurred than that it did not occur [MCC r.12(1) and (3)].
In making any finding the Committee must also determine reasons
for the finding [MCC.r.12(7)].
(2) Where a finding is made that a breach has occurred, authority to:
(a) take no further action [MCC.r.12(4(a)]; or
(b) prepare and implement a plan to address the behaviour of
the person to whom the complaint relates [MCC.r.12(4)(b),
(5) and (6)].
(3) Authority to dismiss a complaint and if dismissed, the Committee
must also determine reasons for the dismissal [MCC.r.13(1) and
(2)].
Statutory Power Local Government Act 1995
being Delegated: s5.16 Delegation of some powers and duties to certain
committees.
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.16 Delegation of some powers and duties to certain
committees.
Power Delegated to: Behaviour Complaints Committee
Council’s Conditions (a) The Committee will make decisions in accordance with the
on Delegation: principles and specified requirements established in Council Policy
– Code of Conduct Complaints Management Process.
(b) That part of a Committee meeting which deals with a Complaint will
be held behind closed doors in accordance with s5.23(2)(b) of the
Local Government Act 1995.
(c) A Council Member is ineligible to perform the role of Committee
Member and cannot be in attendance at that part of a meeting which
deals with a complaint in which that Council Member is a
Complainant, Respondent or otherwise subject to the complaint.
The Committee is prohibited from exercising this Delegation in
respect to a complaint forming part of the Committee agenda where
a Committee Member in attendance at a Committee meeting is
either the Complainant or Respondent or otherwise subject to the
Complaint.
(d) In the event of (c) above, the Committee may resolve to defer
consideration to a future meeting at which the conflicted Committee
Member is absent and a Deputy Committee Member is in
attendance.
Note to Conditions (c) and (d): The purpose of this Condition is to require
that a Committee Member who is identified as either the Complainant or
Respondent (or subject to a complaint) is required to recuse themselves
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 241.15 Behaviour Complaints Committee
by notifying the Presiding Member of their intention to be absent for the
part of the meeting at which the Complaint is dealt with.
Statutory Power to Not Applicable
Sub-Delegate:
Record Keeping Committee Minutes shall record the details of each decision made under
s5.46(3) this delegation in accordance with the requirements of the Local
Government (Administration) Regulations 1996.
Compliance Links • Council Policy – Code of Conduct Complaints Management
Process
• City of Rockingham Code of Conduct for Council Members,
Committee Members and Candidates
Date Adopted
25 May 2021 Item GM-020/21
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 251.16 Appointing Internal and External Complaints Officer - Local
Government (Model Code of Conduct) Regulations
Function Delegated: 1. For the Chief Executive Officer to appoint an external Complaints
Officer to receive complaints and withdrawal of complaints related
to the City of Rockingham Code of Conduct for Council Members,
Committee Members and Candidates.
2. For the Chief Executive Officer to appoint internal Complaints
Officers to receive complaints and withdrawal of complaints related
to the City of Rockingham Code of Conduct for Council Members,
Committee Members and Candidates.
Statutory Power Local Government (Model Code of Conduct) Regulations 2021
being Delegated: r11(3) Complaint about alleged breach
“The local government must, in writing, authorise 1 or more
persons to receive complaints and withdrawal of complaints.”
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO.
Power Delegated to: Chief Executive Officer
Council’s Conditions Any appointment under this delegation excludes a current or former City
on Delegation: of Rockingham Council Member, Committee Member, candidate or
employee.
Any appointed external Complaints Officer must comply with the
requirements contained in the –
• City of Rockingham Code of Conduct for Council Members,
Committee Members and Candidates
• Council Policy – Code of Conduct Complaints Management
Process
Statutory Power to Not Applicable
Sub-Delegate:
Record Keeping Each person appointed Complaints Officer will have their name and
s5.46(3) relevant details recorded in the appropriate file.
Compliance Links • Local Government (Model Code of Conduct) Regulations 2021
• City of Rockingham Code of Conduct for Council Members,
Committee Members and Candidates
• Council Policy – Code of Conduct Complaints Management Process
Date Adopted
25 May 2021 Item GM-020/21
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 261.17 Disposal of Property
Function Delegated: For the Chief Executive Officer to enter into contracts for the sale of the
properties as described in the Purpose of Report (Confidential Report
CS-016/21 Disposal of Property) for no less than 10% below a valuation
provided by a licenced valuer.
Statutory Power Local Government Act 1995
being Delegated: s3.58 Disposing of Property
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of Some Powers and Duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Enter into contracts for the sale of the properties as described in the
on Delegation: Purpose of Report (Confidential Report CS-016/21 Disposal of
Property) for no less than 10% below a valuation provided by a
licenced valuer.
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Evidence of Deed of Agreement to be retained in the appropriate file.
s5.46(3)
Compliance Links Local Government Act 1995
Date Adopted
22 June 2021 Item CS-016/21
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 271.18 Electoral Roll Eligibility Claims Processing
Function Delegated: 1. Authority to require the written notice for co-owners or co-
occupiers to be incorporated into Form 2 [r.11(1a)].
2. Authority to decide whether or not the claimant is eligible under
s.4.30(1)(a) and (b) and accept or reject the claim accordingly
[s.4.32(4)].
3. Authority to decide to accept or reject a claim made before the
close of enrolments, but less than 14-days before the close of
nominations [s.4.32(5A)].
4. Authority to make any enquiries necessary in order to decide
on an eligibility claim [s.4.32(5)].
5. Authority to approve the omission of an elector’s address from
the Owners and Occupiers Register on the basis of a
declaration from the elector that the publication of this
information would place the elector’s or their family’s safety at
risk [Elections r.13(2)].
6. Authority to amend the Owners and Occupiers Register from
time to time to make sure that the information recorded in it is
accurate [Elections r.13(4)].
7. Authority to ensure that the information about electors that is
recorded from enrolment eligibility claims is maintained in an
up to date and accurate form [s.4.34].
8. Authority to decide that a person is no longer eligible under
s.4.30 to be enrolled on the Owners and Occupiers Electoral
Roll [s.4.35(1)] and to give notice [s.4.35(2)] and consider
submissions [s.4.35(6)], before making such determination.
9. Authority to determine to take any action necessary to give
effect to advice received from the Electoral Commissioner
[s.4.35(5)].
10. Decide, with the approval of the Electoral Commissioner, that a
new electoral roll is not required for an election day which is less
than 100 days since the last election day [s.4.37(3)].
Statutory Power Local Government Act 1995
being Delegated: s4.31(1B)(b) Property divided by ward boundaries
s4.32 How to claim eligibility to enrol under s4.30
s4.34 Accuracy of enrolment details to be maintained
s4.35 Decision that eligibility to enrol under s4.30 has ended
Local Government (Elections) Regulations 1995:
r.11(1a) Nomination of co-owners or co-occupiers — s.4.31
r.13(2) & (4) Register - s.4.32(6)
Power is originally Chief Executive Officer
assigned to:
Statutory Power of Not Applicable
Delegation
Power Delegated to: Not Applicable
Council’s Conditions Nil
on Delegation:
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 281.18 Electoral Roll Eligibility Claims Processing
Statutory Power to Local Government Act 1995
Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Compliance Links • Decisions made under this delegation are Quasi-Judicial.
• Local Government Act 1995, Part 4
• Local Government (Elections) Regulations 1997
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 291.19 1
Administration of Local Laws
Function Delegated: All the powers conferred on the local government in the City of
Rockingham local laws to determine applications, issue and apply
conditions to approvals, consents, permits, licences and registration,
undertake enforcement functions and exercise discretion under the
following City of Rockingham local laws:
• Cats Local Law 2018
• Cemeteries Local Law 2000
• Dogs Local Law 2000
• Fencing Local Law 2020
• Health Local Law 1996
• Parking Local Law 2018
• Pest Plants Local Law 2000
• Public Places and Local Government Property Local Law 2018
• Sand Drift Local Law 2018
• By-law relating to Signs, Hoardings and Bill Posting 1990
• Standing Orders Local Law 2001
• Waste Local Law 2020
Statutory Power Local Government Act 1995
being Delegated: s5.42 Delegation of some powers and duties to the CEO
s5.43 Limitations on delegations to the CEO
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Any person proposing to exercise a power under delegated authority
on Delegation: shall comply with the Standard Conditions of Delegation and the
following specific additional conditions for this delegation.
Additional Conditions:
• Infringements may only be issued by persons authorised for the
purposes of section 9.16 of the Local Government Act 1995
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Record details of decisions and ensure that evidentiary documents are
s5.46(3) retained in the Council’s record keeping system.
Compliance Links • City of Rockingham Public Places and Local Government Property
Local Law 2018.
• Local Government Act 1995
Part 9 Division 1 Objections and Review
Part 9 Division 2 Enforcement and Legal Proceedings
1This delegation is the same as 4.8 – as the local laws delegation applies to both sections.
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 301.19 1
Administration of Local Laws
Date Adopted
28 June 2022 Item GM-011/22
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 311.20 Sand Extraction from the Bent Street Boat Ramp Navigation
Channel/Tern Bank Sandbar
Function Delegated: Council delegates authority to the Chief Executive Officer to award the
Tender for the sand extraction from the Bent Street Boat Ramp
Navigation Channel/Tern Bank Sandbar in accordance with the
Confidential Attachment 1.
Statutory Power Local Government Act 1995
being Delegated: s3.18 Performing Executive Functions
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
s3.18 Performing Executive Functions
Power Delegated to: Chief Executive Officer
Council’s Conditions In accordance with the Confidential Attachment 1 Report AS-011/22 at
on Delegation: 27 September 2022 Council Meeting.
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Each decision made under this delegated authority must be recorded
s5.46(3) and clearly identifiable as a delegated authority decision in an
appropriate register.
Compliance Links • Local Government Act 1995
Date Adopted
27 September 2022 Item AS-011/22
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 322. Corporate Services
2.1 Payment from Municipal Fund or Trust Fund
Function Delegated: Make payment from Municipal Fund or Trust Funds
Statutory Power Local Government (Financial Management) Regulations 1996
being Delegated: r12(1)(a) Payments from municipal fund or trust fund, restrictions
on making
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
s5.43 Limitations on delegations to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Compliance with Regulations 13 of the Local Government (Financial
on Delegation: Management) Regulations 1996 and s6.8(1) of the Local Government
Act 1995
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Payment transaction records to be retained.
s5.46(3) Monthly cheque and EFT payment listings to be recorded in Council
Minutes
Compliance Links Local Government (Financial Management) Regulations 1996
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 332.2 Trust Fund - Transfers
Function Delegated: Determine to transfer money held in the Trust Fund for 10 years to the
Municipal Fund
Statutory Power Local Government Act 1995
being Delegated: s6.9(4) Trust Fund
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
s5.43 Limitations on delegations to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Nil
on Delegation:
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Record of authorisation to be retained.
s5.46(3)
Compliance Links Local Government Act 1995, Part 6, Division 4.
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 342.3 Waive / Grant Concession or Write Off Monies Owing
Function Delegated: 1. Waive or grant concessions in relation to debts owed to the City.
2. Write off money owed to the City
3. Determine the conditions to be applied to waive, grant a
concession or write off money owed to the City.
Statutory Power Local Government Act 1995
being Delegated: s6.12(1)(b) and (c) and (3) Power to grant discounts, waive or write
off debts
s6.47 Concessions only
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
s5.43 Limitations on delegations to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Limited to individual debts that do not exceed $2,000; or in relation to
on Delegation: debts associated with leased or licenced properties impacted by
COVID-19, individual debts that do not exceed $10,000.
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Details of decisions to be recorded in appropriate file or financial
s5.46(3) record.
Compliance Links • Local Government Act 1995, Part 6, Division 6
• Local Government (Financial Management) Regulations 1996 –
noting specifically Reg.26.
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
Page 352.4 Amend the Rate Record
Function Delegated: To amend a rate record up to 5 years preceding the current financial
year.
Statutory Power Local Government Act 1995
being Delegated: s6.39(2) Amend the Rate record
Power is originally Local Government
assigned to:
Statutory Power of Local Government Act 1995
Delegation s5.42 Delegation of some powers and duties to the CEO
s5.43 Limitations on delegations to the CEO
Power Delegated to: Chief Executive Officer
Council’s Conditions Nil
on Delegation:
Statutory Power to Local Government Act 1995
Sub-Delegate: s5.44 CEO may delegate some powers and duties to other
employees
Record Keeping Details of the determination to be recorded in the appropriate rate
s5.46(3) record.
Compliance Links Local Government Act 1995, Part 6, Division 6
Date Adopted
28 June 2011 Item ES-020/11
Document Number: CPM/130 D22/77209
Version Number: 3 Version Date: 28 June 2022
Amended: 27 September 2022, 27 July 2022
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