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S5 Instrument of Delegation from Council to the CEO
April 2024
Instrument of Delegation
to
the Chief Executive Officer
April 2024

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S5 Instrument of Delegation from Council to the CEO
April 2024
Instrument of Delegation
In exercise of the power conferred by section 11(1) of the
Local Government Act 2020 (the
Act)
and all other powers enabling it, Brimbank City Council (Council) delegates to the
member of Council staff holding, acting in or performing the position of Chief Executive
Officer, the powers, duties and functions set out in the Schedule to this Instrument of
Delegation (Instrument),
AND declares that:
1. This Instrument of Delegation is authorised by Resolution of Council passed on 16
April 2024.
2. This delegation:
2.1 comes into force immediately upon this resolution being made and is to be
signed by the Council’s Chief Executive Officer and the Mayor
;
2.2 is subject to any conditions and limitations set out in the Schedule to this
Instrument;
2.3 must be exercised in accordance with any guidelines or policies which Council
from time to time adopts; and
2.4 remains in force until Council resolves to vary or revoke it.
3. On the coming into force of this Instrument of Delegation, each delegation under the
Instruments of Delegation dated 18 October 2022 is revoked.

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S5 Instrument of Delegation from Council to the CEO
April 2024
SCHEDULE
The power to:
1. determine any issue;
2. take any action; or
3. do any act or thing arising out of or connected with any duty imposed, or function or
power conferred on Council by or under any Act.
Conditions and Limitations
The delegate must not determine the issue, take the action or do the act or thing
1. If the issue, action, act or thing is an issue, action, act or thing which involves:
a. entering into a contract or making an expenditure on behalf of Council exceeding
the value of $2,000,000 (excl. GST) unless:
(i) that contract or expenditure is one with a utility (such as a
telecommunications carrier or supplier of electricity to Council) or an
insurer (being an insurer underwriting a policy or policies issued to
Council) or is expenditure which Council is, by or under legislation,
required to make (such as WorkCover or fire services property levy) in
which case the expenditure under the contract may exceed $2,000,000
(excl. GST); or
(ii) that contract (or works order or purchase order) or expenditure is in
accordance with an existing contract or expenditure already approved or
awarded by Council, including to a panel of contractors in which case the
expenditure under the contract (or works order or purchase order) may
exceed $2,000,000 (excl. GST).
b. approving a variation to a contract that Council (whether by Resolution or under
delegation) has entered into, if the total value of the proposed variation, when
combined with the total value of all previous variations to the contract, will
exceed any amount specified in a Resolution made by Council or, if no amount
specified:
(i) the financial authority delegated to the Chief Executive Officer in relation
to the awarding of a contract;
(ii) 20 per cent of the original value of the contract as executed;
whichever is greater.
c. submitting applications for grant funding from the State Government or the
Commonwealth Government, unless:
(i) the grant funding does not exceed the
Chief Executive Officer’s financial
delegations under this Instrument; or
(ii) where the grant funding exceeds the
Chief Executive Officer’s financial
delegations under this Instrument:
a. the Chief Executive Officer determines that the due date for
submitting the application prevents the matter of the application from
being brought to Council for a Council resolution;
b. the Funding Agreement is brought to Council for approval by Council
resolution before being executed, if the application is successful; and

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S5 Instrument of Delegation from Council to the CEO
April 2024
c. any contracts entered into, and expenditure made, in fulfilment of
Council’s commitments under the Funding Agreement are brought to
Council for approval by Council resolution, where those contracts and
expenditure exceed the Chief Executive Officer
’s financial delegations
under this Instrument;
d. appointing an Acting Chief Executive Officer for a period exceeding 28 days;
e. electing a Mayor or Deputy Mayor;
f. granting a reasonable request for leave under s 35 of
the Act
;
g. making any decision in relation to the employment, dismissal or removal of the
Chief Executive Officer;
h. approving or amending the Council Plan;
i. adopting or amending any policy that Council is required to adopt under
the Act
;
j. adopting or amending the Governance Rules;
k. appointing the members to a delegated committee;
l. making, amending or revoking a local law;
m. approving of the Budget or Revised Budget;
n. approving the borrowing of money; or
o. subject to section 181H(1)(b) of the
Local Government Act 1989
, declaring
general rates, municipal charges, service rates and charges and specified rates
and charges;
2. if the issue, action, act or thing is an issue, action, act or thing which is required by law
to be done by Council resolution;
3. if the issue, action, act or thing is an issue, action or thing which Council has previously
designated as an issue, action, act or thing which must be the subject of a Resolution of
Council;
4. if the determining of the issue, taking of the action or doing of the act or thing would or
would be likely to involve a decision which is inconsistent with:
a. a major policy, as designated under the Governance (Major Policy Consultation)
Local Law No. 3;
b. policy;
c. strategy
adopted by Council;
5. if the determining of the issue, the taking of the action or the doing of the act or thing
cannot be the subject of a lawful delegation, whether on account of section 11(2)(a)-(n)
(inclusive) of the Act or otherwise; or
6. the determining of the issue, the taking of the action or the doing of the act or thing is
already the subject of an exclusive delegation to another member of Council staff.