Clare & Gilbert Valleys Council Delegations
What are they and why do we need them?
The Clare & Gilbert Valleys Council has certain functions and duties which it must perform, and certain powers which it may exercise, pursuant to the Local Government Act 1999 (“the Act”) as well as a range of other Acts. In most cases the relevant Acts grant these obligations and powers directly to the Council Members.
As it is not practical or efficient for the Council as a body of Elected Members to perform the many operational activities that are required in the day-to-day administration of the Council's roles and functions, Section 44 of the Act allows the Council to formally delegate many of its powers and functions (within certain stated conditions and exemptions) to the Chief Executive Officer, who may then sub-delegate these powers and functions to other responsible staff members. The Council may also delegate its powers and functions to a Council committee or authorised person.
All delegations made by the Council can be revoked at any time and do not, except in limited circumstances, prevent Council from acting in a matter itself. In addition, a staff member to whom a delegation has been made may choose not to exercise that delegation and bring a matter before Council for direction.
The Clare & Gilbert Valleys Council Delegations Register
The Clare & Gilbert Valleys Council Delegations Register has been established to record the powers and functions that have been delegated:
- from Council to the Chief Executive Officer, and authorised persons and committees; and
- from Chief Executive Officer to Council officers or other authorised persons.
The Delegations Register must be reviewed by Council at least once in every financial year under Section 44(6) of the Act 1999.