Good Governance

In the context of local government, delegations empower employees and committees with the authority to make binding decisions on behalf of Council in respect to specific powers, duties and functions. In ordinary terms, delegations define ‘who can do what’ and enable staff across the organisation to better understand the legislation under which we operate.

Delegations are an effective means of streamlining decision-making and enables Council to concentrate on broad strategic issues rather than administrative and routine matters.

Delegations are necessary because:

• It is not practical for Council and the CEO alone to exercise the many statutory powers given to Council
• Delegation facilitates the achievement of good governance by empowering appropriate members of staff to make decisions on behalf of the Council and the CEO

When a Council delegates a power, duty or function to a member of staff, the decision of the delegate is deemed to be a decision of Council.

Section 11(1) of the Local Government Act 2020 allows a Council to delegate its powers, duties and functions to the CEO and to members of a delegated committee. Other legislation allows for a Council to delegate directly to members of Council staff.

Legislation which confers an express power of delegation often requires that power to be exercised in writing, that is, by making a written ‘Instrument of Delegation’.

Through an Instrument of Delegation, a Council delegates to members of Council staff holding, acting or performing the duties of the position specified against each power, duty or function described in the instrument.

In accordance with the requirements of the Local Government Act 2020 Council’s must keep a register of delegations made under section 11(1).

Register of Delegations - 1 November 2022

S5 Instrument of Delegation - Council to CEO - 20 October 2021

S6 Instrument of Delegation - Council to Members of Council Staff - 19 October 2022

C5 Instrument of Delegation - Council to Planning Committee - 20 October 2021

An Authorised Officer is the appointment of a person, other than a Councillor, to carry out statutory compliance or enforcement functions under legislation related to the powers and functions of Council.

Authorised Officers can be appointed in two ways:

• by the Chief Executive Officer; or
• directly by Council.

The power conferred on a Council to appoint an Authorised Officer under section 224 of the Local Government Act 1989 is delegated to the Chief Executive Officer through the S5 Instrument of Delegation.

The Chief Executive Officer then exercises the power of appointment on behalf of Council.

For the purposes of the Planning and Environment Act 1987 and associated Regulations, Authorised Officers are appointed directly by Council.

In all instances, the appointment of Authorised Officers is formalised in writing via an ‘Instrument of Appointment and Authorisation’ which sets out the terms of the appointment.

Victoria Police

In accordance with section 224A(2) of the Local Government Act 1989, notice was published in the Government Gazette on 12 September 2013 (PDF 163 KB), that sworn members of Victoria Police may also act as Authorised Officers to enforce the provisions of clause 54 of the City of Port Phillip Local Law No. 1 (Community Amenity) regarding the consumption and possession of alcohol.

The powers of an Authorised Officer are specific to the legislation they are appointed under, and will vary depending their area of responsibility.

Authorised Officers are commonly appointed by Council’s for the administration and enforcement of:

• the Building Act 1993
• the Domestic Animals Act 1994
• the Emergency Management Act 2013
• the Fire Rescue Victoria Act 1958
• the Fire Services Property Levy Act 2012
• the Food Act 1984
• the Graffiti Prevention Act 2007
• the Housing Act 1983
• the Impounding of Livestock Act 1994
• the Land Act 1958
• the Local Government Act 1989
• the Local Government Act 2020
• the Public Health and Wellbeing Act 2008
• Part 14 of the Residential Tenancies Act 1997
• the Road Management Act 2004
• the Road Safety Act 1986
• the Summary Offences Act 1966
• the Tobacco Act 1987
• the Valuation of Land Act 1960
• the Regulations made under each of those Acts

Additionally, Authorised Officers are also appointed for the administration and enforcement of:

• the local laws made under the Local Government Act 1989 or the Local Government Act 2020
• and any other Act, Regulation or local law which relates to the functions and powers of the Council

Authorised Officers may also be empowered to institute proceedings and represent Council in proceedings for offences against the Acts, Regulations and Local Laws specified in the Instrument of Appointment and Authorisation.

All Authorised Officers must be issued with an identification card which contains prescribed information including: a photograph and signature of the Authorised Officer, and signature of the Chief Executive Officer.

For the purposes of Victoria Police Officers, the officer’s certificate of identity is deemed to be a compliant with the requirements of the Local Government Act 1989.

In accordance with the requirements of the Local Government Act 1989 Council's must keep a public Register of Authorised Officers (PDF 440 KB) appointed under section 224 as Authorised Officers.

In February 2013, the Whistleblowers Protection Act 2001 was replaced with the Protected Disclosure Act 2012.

The Protected Disclosure Act 2012 has now been renamed the Public Interest Disclosures Act 2012.

The purpose of the Public Interest Disclosure Act 2012 is to encourage and facilitate disclosures of improper conduct by public officers, public bodies and other persons and disclosures of detrimental action taken in reprisal for a person making a disclosure under the Act.

The City of Port Phillip is committed to the aims and objectives of the Public Interest Disclosure Act 2012. It does not tolerate improper conduct by its employees, officers or members, nor the taking of reprisals against those who come forward to disclose such conduct.

The City of Port Phillip recognises the value of transparency and accountability in its administrative and management practices, and supports the making of disclosures that reveal corrupt and specified conduct (as defined in the Act).

The City of Port Phillip will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure.

The Act provides protection to persons who make those disclosures and persons who may suffer detrimental action in reprisal for those disclosures. The Act also provides for the confidentiality of the content of those disclosures and the identity of the persons who make those disclosures.

Council has established 'Public Interest Disclosure Procedures' to:

• facilitate the making of public interest disclosures
• for the handling of those disclosures received and, where appropriate, the notification of those disclosures to the IBAC.

View the City of Port Phillip Public Interest Disclosure Procedures (PDF 426 KB).

The Procedures outline the various Council officers who have been delegated the role in dealing with Public Interest Disclosures, which include the Public Interest Disclosure Co-ordinator and the Public Interest Disclosure Officers.

A disclosure about improper conduct or detrimental action in reprisal for a public interest disclosure by the City of Port Phillip or its employees, may also be made directly to IBAC.

Online: IBAC Victoria
Phone: 1300 735 135
Fax: 03 8635 6444
Address: Level 1, North Tower, 459 Collins Street, Melbourne, Victoria 3001
Post: GPO Box 24234, Melbourne Victoria 3000