The principal consideration for a local government when deciding if it should delegate a power or duty, is whether the delegation will improve the efficiency of the local government's operations whilst ensuring that its policies are consistently implemented.

 

Section 5.42 of the Local Government Act 1995 (the Act) allows for a local government to delegate, to the Chief Executive Officer, authority to exercise any of its powers and duties under the Act except the power to delegate and those listed in section 5.43. All delegations made by the Council must be by an absolute majority decision.

 

In accordance with section 5.43 of the Act the following are decisions that cannot be delegated to the Chief Executive Officer:

  • any power or duty that requires a decision of an absolute majority or a 75% majority of the local government;
  • accepting a tender which exceeds an amount determined by the local government;
  • appointing an auditor;
  • acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government;
  • any of the local government's powers under sections 5.98, 5.98A, 5.99, 5.99A or 5.100 (these relate to: fees, expenses and allowances for Elected Members);
  • borrowing money on behalf of the local government;
  • hearing or determining an objection of a kind referred to in section 9.5;
  • the power under section 9.49A(4) to authorise a person to sign documents on behalf of the local government;
  • any power or duty that requires the approval of the Minister or the Governor; and
  • such other powers or duties as may be prescribed.

 

Section 5.44 of the Act allows the Chief Executive Officer to delegate, in writing, any of his powers or duties (other than the power to delegate) to another employee. The Act also allows for the Chief Executive Officer to impose conditions on any delegations if he desires.

 

The City of Stirling Delegated Authority Register contains details of all delegations to Committees, the Chief Executive Officer and employees made under the Local Government Act 1995 and other relevant legislation.

 

The City of Stirling Delegated Authority Register is reviewed annually in accordance with the Act.