The aim of delegated authority is to assist with improving the time taken to make decisions within the constraints allowed by relevant legislation and to ensure decisions are made lawfully by the delegate. Section 5.42 of the Local Government Act 1995 (the Act) allows for a local government to delegate to the Chief Executive Officer the authority to exercise any of its powers and duties under the Act except the power to delegate items listed in Section 5.43. All delegations made by Council must be by an absolute majority decision.
Further to this, Section 5.44 of the Act allows the Chief Executive Officer to delegate (in writing) any of their 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 they desire.
Other legislation may also grant powers of delegation. The Shire of Mt Marshall 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.
