Register of Delegations
Delegations allow for Council staff (and, in limited circumstances, Council contractors) to perform certain powers, duties and functions.
Delegations are a highly effective means of streamlining decision-making and enables Council to concentrate on the broader strategic issues rather than administrative and routine matters. Mansfield Shire Council has many delegations under a wide range of legislation, and such arrangements are appropriate given the diversity of services provided by Council.
Council has adopted the following instruments of delegation derived from our subscription to the Maddocks delegation service, which has become the standard practice of most councils for administering delegations and authorisations.
S5 - Council to Chief Executive Officer(PDF, 762KB) - This delegates all of Council's powers, duties and functions which are capable of delegation, subject to some exceptions and limitations, to the CEO.
S6 - Council to Council Staff(PDF, 2MB) - This delegation relates to Council powers, duties and functions within various Acts and Regulations (or specific parts of those Acts or Regulations), which contain a specific power of delegation. This delegates certain powers directly from Council to Council staff due to the legislation referred to containing specific powers of delegation (see further below).
S7 - CEO Sub-delegation to staff(PDF, 2MB) - This sub-delegates Council powers, duties or functions contained in Acts or Regulations which do not include a specific power of delegation.
S11A - Instrument of Appointment and Authorisation (Planning and Environment Act 1987)(PDF, 879KB) - This instrument is used to authorise officers to enforce the Planning and Environment Act 1987 and institute proceedings on behalf of the council or represent the council.
S14 - VicSmart P&E Act 1987(PDF, 484KB) - This provides for the CEO to delegate his or her powers as a responsible authority under the Planning and Environment Act 1987 in relation to VicSmart planning applications. The difference between the S6 and S7 instruments of delegation turn on the source of the powers of delegation.
S15 - Instrument of Appointment and Authorisation of Council’s FOI Officer(PDF, 316KB) - This instrument is used to authorise and appoint Council FOI Officer/s to make decisions on requests made under ss 17 and 39 of the Freedom of Information Act 1982.
S18 - Instrument of Sub-delegation under the EPA(PDF, 896KB) - This is used by a council to delegate to members of its staff those powers that are contained in the Instrument of Delegation of the Environment Protection Authority under the Environment Protection Act 2017 dated 4 June 2021.
S20A - Instrument of Delegation (Child Wellbeing and Safety Act 2005)(PDF, 367KB) - This Instrument delegates the power of appointment/authorisation to staff members who frequently work in the space of maternal and child health services, as directed by the Department of Education.