i

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

-

1.

delegate each Duty and/or Function and/or Power respectively described in column 1 of the

Schedule (and summarised in column 2 of the Schedule) to the member of Council staff

holding, acting in or performing the duties of the office or position described in column 3 of the

Schedule;

2.

record that a reference in the Schedule to

means a member of Council staff holding a position as Director

in the Organisational Chart

means a member of Council staff holding a position as

Manager or Group Manager Operations or Head of Enterprise Project

Management Office or Chief Information Officer at the third level in the

Organisational Chart

means a member of Council staff holding a position as

Manager or Coordinator or Unit Manager or Lead at the fourth level in the

Organisational Chart

means a member of Council staff with staff management

responsibilities and includes the terms Team Leader or Line Manager or

Lead at the fifth level in the Organisational Chart

3.

record that on the coming into force of this Instrument of Delegation, each delegation under

the Instrument of Delegation dated 12 July 2023 executed by Lynley Dumber as acting CEO

are revoked;

4.

declare that this Instrument of Delegation -

4.1 comes into force immediately upon its execution;

4.2 remains in force until varied or revoked;

4.3 is subject to any conditions and limitations set out in the Schedule and specifically

subject to the Financial Authority Limits attached (and as amended from time to

time); and

4.4 must be read in accordance with any guidelines or policies which Council from time

to time adopts.

5.

declare that the delegate must not determine the issue, take the action or do the act or thing;

5.1 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; or

ii

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Parts 4, 6 and

8

Powers, Functions and duties of a

sponsor of a cultural heritage

management plan under Parts 4, 6 and 8

of the

.

Director City Futures

Director Infrastructure and City Services

Manager City Strategy

Manager City Development Services

Manager Parks and Public Realm

s.74A(1)

Power to enter into an Aboriginal cultural

heritage land management agreement

with a registered Aboriginal party

Director City Futures

Director Infrastructure and City Services

s.74E(1)

Duty to give copy of Aboriginal cultural

heritage land management agreement to

Secretary of the Department of Premier

and Cabinet

Director City Futures

Director Infrastructure and City Services

Manager City Strategy

Manager City Development Services

Manager Parks and Public Realm

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 2

s.132

Power to nominate a body to which assets

should be returned

Director Corporate Services

Where a wound up incorporated

association has assets consisting of

property supplied by Council (which

includes the unexpended portion of a grant)

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 3

s 13(1)

Duty to pay, to the Consolidated Fund,

an amount determined by the Auditor

General to defray the reasonable costs

and expenses incurred by or on behalf of

the Auditor- General in conducting an

audit of the financial statements of the

public body and expressing an audit

opinion on Council under s 11

Director Corporate Services

Manager Finance

s 13(4)

Power to dispute the reasonableness of

an amount to be paid

Director Corporate Services

Manager Finance

s 17(1)

Function of being consulted by the

Auditor-General

Director Corporate Services

Manager Finance

s 18(1)

Function of receiving a final specification

of a performance audit

Director Corporate Services

Manager Finance

s 18(4)(a) Function of receiving an amended

specification

Director Corporate Services

Manager Finance

s 18(4)(b) Function of being consulted by the

Auditor-General

Director Corporate Services

Manager Finance

s 23(1)

Power to enter into an agreement with

the Auditor-General for the provision of

other auditing services

Director Corporate Services

Manager Finance

s 44

Function of receiving a written notice and

power to give consent to entry

Director Corporate Services

Manager Finance

s 45

Power to consent to earlier entry

Director Corporate Services

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Page | 4

Manager Finance

s 46(1)

Power to request that the Auditor

General, or authorised person, produce

proof of identity

Director Corporate Services

Manager Finance

s 47

Duty to provide all reasonable assistance

necessary to each of the people listed in

s 47(a) – (c) who attends for the

purposes of the Auditor-General, or

authorised person,

exercising the power to enter and

inspect Council’s premises

Director Corporate Services

Manager Finance

s 48

Power to request that the Auditor

General or authorised person serve an

information gathering notice

Director Corporate Services

Manager Finance

s

58(2)(a)(i)

& (ii)

Function of receiving a copy of the report

or part of the proposed report and the

power to make comment

Director Corporate Services

Manager Finance

s 65(2)

Duty to give Council ’s officer or

employee a reasonable opportunity to

respond in relation to the adverse

material

Director Corporate Services

Manager Finance

s 68(1)

Function of receiving information

acquired by the Auditor- General

Director Corporate Services

Manager Finance

Where Council is a specified entity

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s.3(1)

Power to appoint, employ, or nominate a

municipal building surveyor

Not delegated.

s.11(2)

Duty to publish notice in a newspaper if

regulation under Part 2 ceases to have

effect

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s 25AD(1)

Function of receiving written notice of the

occurrence of each prescribed event and

the prescribed information relating to that

event

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s 25BE

Function of receiving the building permit

number and the information given to the

Victorian Building Authority (

)

by the relevant building surveyor under s

18AA in relation to the application for the

building permit number

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.29A

Function of giving consent to building

permit for demolition in its capacity as

responsible authority under the Planning

and Environment Act 1987

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Manager City Strategy

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Page | 6

s.29B(1)

Duty to give notice where amendment of

planning scheme sought in its capacity as

responsible authority under the Planning

and Environment Act 1987

Director City Futures

Manager City Strategy

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.29B(3)

Duty to give notice where request for

amendment withdrawn, refused etc. in its

capacity as responsible authority under

the Planning and Environment Act 1987

Director City Futures

Manager City Strategy

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.30

Function of receiving copy permit, plans

and other documents

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.30B

Function of receiving checklist confirming

all relevant documents to be provided by

building surveyor

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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Page | 7

s.31(1)

Duty to keep register of building permits

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.31(2)

Duty to make register available for

inspection

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.32

Duty to keep documents

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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s.32A(2)

Duty to provide Development Victoria

notice setting out information in s.32A(3)

and a copy of any relevant planning

permit within 14 days after being given a

copy of building permit under s.30(1), in

certain circumstances where s.32A(1)

applies

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.66(b)(i)

Function of setting fees within approved

Fees determined by Council

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

Approved Schedule of Fees and Charges

set through the budget process

Subject to the condition that the delegate

must exercise the delegated authority in

accordance with Council’s policy

surrounding the setting of fees, howsoever

titled, and as amended by Council from

time to time

s.73

Function of receiving copy permit, plans

and other documents

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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s.74(1)

Duty to keep register of occupancy

permits, temporary approvals and

amendments

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.74(2)

Duty to make register available for

inspection

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.75

Duty to keep documents

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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Page | 10

s.80

Function of receiving notification of

appointment

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s 80A(3)(a) Function of receiving written notice of

designated building surveyor referred to in

s 80A(2)

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s 80A(4)(a) Function of receiving notice of the new

designated building surveyor

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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Page | 11

s 80C(4)(c)

Function of receiving a copy of the transfer

form

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s 80D(6)(b) Function of receiving notification of

functions being transferred from an

employee building surveyor or a

designated building surveyor in

accordance with a direction under s

80D(1) or (2)

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.81(2)

Function of receiving notification for work

terminated

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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s.83F

Function of receiving notice of

appointment of manager for private

building surveyor’s business from the

Authority

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.101(2)

Function of receiving copy documents

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.120(2)(a) Function of receiving notification that an

order is complied with

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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s.123(1)

Power to determine whether to recover

from the owner the costs of work carried

out or action taken under Part 8 Division 3

of the Act by the municipal building

surveyor as a debt due to Council

pursuant to sub-section 123(1) of the Act

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

Subject to the condition that the delegate

must exercise the delegated authority in

accordance with Council’s policy

surrounding the recovery of fees or the

application of bond deposits, howsoever

titled, and as amended by Council from

time to time

s.123(2)

Power to determine whether to apply any

sum or part of any sum for which a bond

or undertaking is deposited with Council

under a condition imposed on a permit

under section 22 of the Act towards the

costs of carrying out work or taking action

pursuant to sub-section 123(2) of the Act

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

Subject to the condition that the delegate

must exercise the delegated authority in

accordance with Council’s policy

surrounding the recovery of fees or the

application of bond deposits, howsoever

titled, and as amended by Council from

time to time

s.125(1)

Function of receiving copy notice or order

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.125(2)

Function of receiving written notice of the

compliance, amendment or cancellation

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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s.126(1)

Duty to keep register of emergency

orders, building notices and building

orders

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.126(2)

Duty to make register available for

inspection

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s. 138(5)

Power to appeal to the Building Appeals

Board

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

Where Council is a prescribed reporting

authority

s.160(3)(d) Power to make application to the Building

Appeals Board

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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Page | 15

s.162(1)(a)(i)

Function of being consulted by the

Building Appeals Board

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.162(4)(b) Function of entering into an agreement

when directed by Building Appeals Board

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.164(1)

Power to agree to terminate or vary

agreement

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.164(2)

Power to terminate or vary agreement

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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s.164(4)

Power to apply for approval

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.165(1)(a) Duty to lodge copy or give notice

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.165(1)(b) Duty to apply to agreement made in the

Register

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.192(1)

Function of consulting with Minister

regarding Alpine resorts

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

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s 192A(7)

Function of receiving a copy of the map

prepared by the Minister

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s 192A(8) Duty to make a copy of the most recent

map available for inspection by members

of the public without charge, during

business hours, at Council’s offices

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.214(1)

Power to enter into agreement

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s.215(1)

Power to enter into agreements with a

private building surveyor

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s.216A

Power to apply to the Minister for

exemption

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s.216C

Power to appoint a municipal building

surveyor to carry out certain Functions

outside of the municipal district

Director City Futures

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Page | 18

s 216D(2)

Duty to establish and maintain a register

of swimming pools located in Council’s

municipal district

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s 216D(5)(a) Duty to submit, on request, all or any part

of the information record and document

recorded in the register to the Authority

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s 216D(5)(b) Duty to submit, on request, all or any part

of the information, record and document

recorded in the register to any other

prescribed person, agency or body

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s.222

Function of receiving order from Minister

Director City Futures

s.230(2)

Duty to keep a register containing the

prescribed information relating to the

exercise of a Power of entry under

Subdivision 5 by any of the authorised

persons referred to in ss 230(2)(a) and

230(2)(b)

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s.230(7)(a) Duty to keep the prescribed information

relating to each exercise of a Power of

entry under Subdivision 5 for 10 years

after the date of the entry

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s.230(7)(b) Duty to make the register required under s

230(2) available for inspection by the

Authority on request, and at a time agreed

to between delegate and the Authority

Director City Futures

Manager City Development Services

Municipal Building Surveyor

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Page | 19

s.230(7)(c)

Duty to provide an extract under s 230(6),

if requested

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s.232

Power to receive complaints about the

exercise of a Power under Part 13

Division 2 by Council’s municipal building

surveyor, or a person authorised by

Council’s municipal building surveyor to

act on behalf of the municipal building

surveyor

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s.234A

Duty to consider the complaint and give a

written report to the complainant of the

person's consideration of the complaint

Director City Futures

Manager City Development Services

Municipal Building Surveyor

if the complaint is brought under Part 13

Division 2 of the Act

s.236(7)

Power to consent to remove or deface an

order or notice put up under sub-sections

236(4) or 236(4A)

Director City Futures

Manager City Development Services

Municipal Building Surveyor

s.241(1)&(4) Power to authorise a person or persons to

bring proceedings for summary offence

against Part 3, 4, 5, 7 or 8 of the Act or

the building regulations within Council’s

municipal district pursuant to sub-sections

241(1) and 241(4)

Director City Futures

Director People, Partnerships and Performance

Municipal Building Surveyor

All statutory appointments and

authorisations to be made by Council

resolution (where required) or by Chief

Executive Officer, Director City Futures,

Director People, Partnerships and

Performance, or Municipal Building

Surveyor on recommendation of relevant

Director or Manager.

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s.242

Function of receiving funds recovered

through prosecution

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.252(1)

Power to determine whether to apply to

the Magistrates’ Court for a warrant under

section 252 of the Act if a person refuses

to vacate a building or land when required

to do so by order under the Act pursuant

to sub-section 252(1) of the Act

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

s.259AB(1) Function of entering an information

sharing arrangement with the Authority

Director City Futures

Manager City Development Services

Municipal Building Surveyor

subject to sub-section 259AB(2)

Where Council is a relevant agency

s.259AB(3) Power to request and receive information

held by the Authority, and Power to

disclose information to the Authority

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Subject to the condition that the

information is reasonably necessary to

assist in the exercise of Functions under

this Act, or the Functions of council

Where Council is a relevant agency

s.259AB(4)(a) Function of being referred, by the

Authority, any matter (including any

complaint) with respect to building work,

plumbing work or architectural services

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Where Council is a building regulator

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s.259AB(4)(b)

Function of receiving from the Authority

any matter of a type described in sub

section 259AB(4)(a)

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Where Council is a building regulator

s.259AB(4)(c) Function of conducting a joint

investigation with the Authority into any

matter of a type described in sub-section

259AB(4)(a)

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Where Council is a building regulator

s.259AB(5)

Power to, despite any other Act or law of

the State, refer a matter referred to in sub

sections 259AB(4) to the Authority, or to

conduct an investigation into the matter

jointly with the Authority

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Where Council is a building regulator

sch 2 cl.1c(i) Function of determining fees

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

Approved Schedule of Fees and Charges

set through the budget process

Subject to the condition that the delegate

must exercise the delegated authority in

accordance with Council’s policy

surrounding the setting of fees, howsoever

titled, and as amended by Council from

time to time.

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sch 2 cl.4(2) Function of receiving copy application

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

sch 2 cl.4(3) Function of receiving fees

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

Subject to the condition that the delegate

must exercise the delegated authority in

accordance with Council’s policy

surrounding the setting of fees, howsoever

titled, and as amended by Council from

time to time.

sch 2 cl.4(4) Power to fix fees in accordance with

cl.4(5)

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Deputy Municipal Building Surveyor (Statutory)

Deputy Municipal Building Surveyor (Approvals)

Approved Schedule of Fees and Charges

set through the budget process

Subject to the condition that the delegate

must exercise the delegated authority in

accordance with Council’s policy

surrounding the setting of fees, howsoever

titled, and as amended by Council from

time to time.

sch 2 cl.

4A(2)(b)

Duty to give the owner of the allotment an

opportunity to make a submission in

respect of the possible detriment

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Where Council is the ‘reporting authority’

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ss.19 & 23A

Duty to comply with the Child Safe

Standards

Director Community Wellbeing

Manager Community Care

Where Council is a Schedule 1 entity

s.25

Function of receiving education,

information and advice from the

Commission for Children and Young

People regarding the Child Safe

Standards

Director Community Wellbeing

Manager Community Care

s. 29A(2((a) Function of receiving notice of inspection

of the relevant premises by an authorised

officer

Director Community Wellbeing

Manager Community Care

s.30

Duty to comply with notice to provide

documents given under subsection

s 30(1A)

Director Community Wellbeing

Manager Community Care

s.31

Duty to comply with notice to comply

given under subsection s 31(1)

Director Community Wellbeing

Manager Community Care

s. 34C

Duty to comply with an adverse publicity

order

Director Community Wellbeing

Manager Community Care

s.36

Duty to ensure that the Commission, a

sector regulator or authorised person is

given any assistance reasonably required

to perform Functions

Director Community Wellbeing

Manager Community Care

s. 36A

Function of receiving an official warning

from the sector regulator

Director Community Wellbeing

Manager Community Care

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s. 36B

Function of receiving infringement notice Director Community Wellbeing

Manager Community Care

s. 36C(1)

Power to make an enforceable

undertaking

Director Community Wellbeing

Manager Community Care

S 36C(3)

Power to withdraw or vary an enforceable

undertaking

Director Community Wellbeing

Manager Community Care

Must be in writing

s.41I

Power to seek review by the sector

regulator of decision by the Commission

to issue a notice to produce or a notice to

comply, or to issue an official warning or

to publish information

Director Community Wellbeing

Manager Community Care

s.41J

Power to apply to VCAT for a review of

the sector regulator to issue a notice to

comply or to publish information

Director Community Wellbeing

Manager Community Care

Must have first exhausted all available

avenues for review under s.41I

s.41M

Function of being given opportunity to

comment on adverse comment or opinion

to be included in annual report or further

report

Director Community Wellbeing

Manager Community Care

s 41V

Power to, on Council’s own initiative,

disclose confidential information, other

than excluded information, to another

information sharing entity

Director Community Wellbeing

Where:

•

Council is an ‘information sharing

entity’ and a ‘disclosing entity’; and

•

the delegate has first consulted with

the Senior Freedom of Information

and Privacy Officer; and

•

the delegate has documented, in a

written file note, the purpose for the

disclosure and the basis for the

reasonable belief required by

section 41V(b).

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s 41V

Function of receiving confidential

information, other than excluded

information

Director Community Wellbeing

Where Council is an ‘information sharing

entity’ and a ‘receiving entity’

s 41W(1)

Power to request another information

sharing entity to disclose confidential

information, other than excluded

information

Director Community Wellbeing

Where:

•

Council is an ‘information sharing

entity’ and a ‘requesting entity’ ; and

•

the delegate has first consulted with

the Senior Freedom of Information

and Privacy Officer; and

•

the delegate has documented, in a

written file note, the purpose for the

disclosure.

s 41W(1)

Function of receiving confidential

information, other than excluded

information

Director Community Wellbeing

Where Council is an ‘information sharing

entity’ and a ‘requesting entity’

s 41W(1)

Function of receiving a request for

confidential information, other than

excluded information

Director Community Wellbeing

Where Council is an ‘information sharing

entity’ and a ‘responding entity’

s 41W(2)

Power to disclose to the responding entity

any confidential information that may

assist the responding entity

Director Community Wellbeing

Where:

•

Council is an ‘information sharing

entity’ and a ‘requesting entity’;

•

the delegate has first consulted with

the Senior Freedom of Information

and Privacy Officer; and

•

the delegate has documented, in a

written file note, the purpose for the

disclosure.

s 41W(2)

Function of receiving confidential

information from an information sharing

entity

Director Community Wellbeing

Where Council is an ‘information sharing

entity’ and a ‘responding entity’

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s 41W(3)

Duty to comply with a request made under

s 41W(1)

Director Community Wellbeing

Where:

•

Council is an ‘information sharing

entity’ and a ‘responding entity’;

•

the delegate has first consulted with

the Senior Freedom of Information

and Privacy Officer; and

•

the delegate has documented, in a

written file note, the purpose for the

disclosure and the basis for the

reasonable belief required by

section 41W(3)(b).

s 41W(4)

Duty to provide reasons, in writing, as to

why Council cannot comply with a request

made under s 41W(1)

Director Community Wellbeing

Where Council is an ‘information sharing

entity’ and a ‘responding entity’

s 41W(4)

Function of receiving reasons from a

responding entity as to why it cannot

comply with a request made under s

41W(1)

Director Community Wellbeing

Where Council is an ‘information sharing

entity’ and a ‘requesting entity’

s 41Y

Power to disclose confidential information,

other than excluded information, to any

person set out in s 41Y(1)(a) – (c)

Director Community Wellbeing

Where:

•

Council is an ‘information sharing

entity’ and a ‘responding entity’; and

•

the delegate has first consulted with

the Senior Freedom of Information

and Privacy Officer; and

•

the delegate has documented in a

written file note, the purpose for the

disclosure; and

•

the disclosure is accompanied by a

statement that the recipient must not

use or disclose the information

except for the purposes of managing

a risk to the child’s safety.

s 41Z

Power to collect and use any confidential

information disclosed to Council under

Part 6A

Director Community Wellbeing

Where Council is an ‘information sharing

entity’

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s 41ZC

Duty to record prescribed information in

respect of its collection, use and

disclosure of confidential information

Director Community Wellbeing

Where Council is an ‘information sharing

entity’ and subject to recording being

undertaken in accordance with Part 6A

and any associated regulations.

s 41ZD(2) Power to collect, use or disclose

confidential information

Director Community Wellbeing

Where Council is an ‘information sharing

entity’ within the meaning of Part 5A of

the Family Violence Protection Act 2008,

subject to compliance with any relevant

provisions of Part 5A of the

or any

relevant provisions of Part 6A of the

.

s 41ZF

Power to refuse to give an individual

access to their confidential information

under a relevant privacy law

Director Community Wellbeing

Where:

•

Council is an ‘information sharing

entity’; and

•

the delegate has first consulted with

the Senior Freedom of Information

and Privacy Officer; and

•

the delegate has documented in a

written file note, the basis for the

refusal, and the reasonable grounds

upon which the delegate believes

that disclosure would increase a risk

to the safety of a child or group of

children.

s 43(1)(a)

Function of receiving notice of the birth of

a child

Director Community Wellbeing

Manager Community Care

Where the mother of the child usually

resides in Council’s municipal district

s 43(1)(b) Function of receiving notice of the birth of

a child

Director Community Wellbeing

Manager Community Care

When the municipal district in which the

mother usually resides is unknown and

the birth occurs in Council’s municipal

district

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s.23(1)

Function of being allocated money by the

Secretary for the purposes of Part 3.1

Director Community Wellbeing

Manager Community Care

s.25

Power to use land or property for the

purposes of the Department of Health and

Human Services

Director Community Wellbeing

Manager Community Care

Where authorised by the Secretary

s.26

Function of entering into an agreement

with the Secretary

Director Community Wellbeing

Manager Community Care

s.30

Function of having matters referred to it

by the Secretary to provide advice,

services and support to the child, family of

the child or mother of the unborn child

Director Community Wellbeing

Manager Community Care

Where Council is not registered as a

community service but is established to

provide services to meet the needs of

children requiring care, support, protection

or accommodation and of families requiring

support

s.192

Power to provide information to the

Secretary

Director Community Wellbeing

Manager, Community Care

Where Council is an information holder

under the Act

s.196

Function of receiving written direction

from an authorised officer in relation to

disclosure of information

Director Community Wellbeing

Manager Community Care

Where Council is an information holder

under the Act

s.197

Duty to comply with written direction from

authorised officer

Director Community Wellbeing

Manager Community Care

Where Council is an information holder

under the Act

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s 166(1)

Function of receiving, from the Regulatory

Authority, information in respect of a children's

service for a purpose listed in s 166(2)

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s.50(2)

Function and power of sharing

information or data with the Head,

Recycling Victoria where permitted

s.56

Power to enter into an agreement with

the Head Recycling Victoria

s.57

Function of receiving advice and support

from the Head, Recycling Victoria

s.58

Duty to have regard to guidelines issued

by the Head, Recycling Victoria

s.60

Duty to provide municipal residual waste

and municipal recycling services

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s.46

Power to make statement (a Council

pledge) in respect of greenhouse gas

emissions reductions

Not delegated

Council must consider factors, and include

details prescribed, in s 47

s.48

Duty to give copy of Council pledge to

Minister as soon as practicable following

preparation

Director City Futures

s.49(3)

Duty to have regard to any directions of

Minister regarding preparation of an

emissions reduction pledge

Director City Futures

s.82(1)

Function of receiving notice of proposed

Carbon Sequestration Agreement

Director City Futures

Where Council is the public land manager

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s.66(1)

Duty to submit plans to the Secretary to the

Department of Environment, Land, Water and

Planning (Department of Energy,

Environment and Climate Action) of specified

works prior to their commencement

Director City Futures

Director Infrastructure and City Services

specified works are listed in Schedule 3

of the Act

s.67

Power to take action contrary to a Code of

Practice if paragraphs (a) and (b) apply

Director City Futures

Director Infrastructure and City Services

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s.4

Function of receiving rates

Director Corporate Services

Manager Finance

Coordinator Revenue

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s.29

Function of receiving statement from the

Victorian WorkCover Authority about details

of dangerous goods on licensed premises

Director City Futures

Manager City Regulatory Services

Municipal Emergency Management Officer

(MEMO)

As at the date of this Instrument of

Delegation Tom Razmovski, Group

Manager Operations is the appointed

Municipal Emergency Management

Officer (MEMO)

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s.13(1)

Function of entering into agreement with

Development Victoria concerning particular

issues

Director City Futures

Manager City Development Services

Function of public statutory body

s.39(2)

Duty to comply with order from Governor in

Council issued under s.39(1) to surrender

land in a project area

Director City Futures

Manager City Development Services

Duty of public statutory body

s.51I(3)(b) Function of receiving notice of resolution

levying a general charge from Development

Victoria

Director City Futures

Manager City Development Services

s.51Q(3)(b) Function of receiving notice of resolution

levying an infrastructure recovery charge from

Development Victoria

Director City Futures

Manager City Development Services

s.51ZA

Function of receiving written notice of charge

from Development Victoria, Where Council

has submitted notice to Authority pursuant to

section 21(2A) of the

1988

Director City Futures

Manager City Development Services

s.56D(1)

Duty to give relevant Ministers and Treasurer

statement allocating the property, rights and

liabilities of Council in relation to designated

project to Development Victoria

Director City Futures

Manager City Development Services

Duty of nominated agency

s.56D(4)

Function of complying with request from

Treasurer and relevant Minister to amend

statement under s.56D(1)

Director City Futures

Manager City Development Services

Function of nominated agency

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s.56E(1)

Function of issuing certificate certifying that

property, rights or liabilities of Council have

been allocated to Development Victoria

Director City Futures

Manager City Development Services

Function of nominated agency

s.56E(2)

Duty to revoke certificate given under

s.56E(1) and replacing with a new certificate,

if directed by Treasurer and relevant Minister

Director City Futures

Manager City Development Services

Duty of nominated agency

s.56E(3)

Duty to keep register of certificates issues

under s.56E, and make reasonably available

for inspection

Director City Futures

Manager City Development Services

Duty of nominated agency

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s. 38(4)

Power to prepare a Disability Action Plan, in

accordance with section 38

Director Community Wellbeing

Disability Action Plan to be adopted by

Council resolution

s. 38(5)

Duty to report on the implementation of the

Disability Action plan in Council's annual

report

Director Community Wellbeing

If a plan is prepared under s. 38(4) or is

taken to be prepared under s. 38(2)

s. 38(5A)

Duty to ensure certain disability matters are

addressed in the Council Plan

Director Community Wellbeing

If Council has not determined to prepare

a plan under s. 38(4) or are not taken to

have prepared a plan under s. 38(2)

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s.10

Function of receiving applications for

registration of dogs or cats

Manager City Regulatory Services

s.10A(4)

Duty to not register or renew the registration of

a dangerous dog or a restricted breed dog

unless the dog is (a) desexed or (b) a

dangerous dog that is not a restricted breed

dog and is exempt under section 10B(1)(c),

10B(1)(d) or 10B(1)(e) from the requirement to

be desexed or (c) a restricted breed dog that is

not a dangerous dog and is exempt under

section 10B(1)(e) from the requirement to be

desexed

Director City Futures

Manager City Regulatory Services

s.10C(1)

Duty to not register a dog or cat unless the dog

or cat (a) has been implanted with prescribed

permanent identification device or (b) is of a

class of dogs exempt under a resolution made

under section 10D(3), from the requirement to

be implanted with such a device or (c) is

otherwise exempted under the Act from the

requirement to be implanted with such a

device or (d) subject to subsection (2), has

previously been registered with Council at any

time in the 12 month period immediately

before the application for registration was

lodged

Director City Futures

Manager City Regulatory Services

s.10C(5)

Duty to cause to be published a copy of the

resolution

Director City Futures

Manager City Regulatory Services

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s.10C(6)

Duty to not register or renew registration of

dangerous dog, menacing dog or restricted

breed dog unless dog has been implanted with

permanent identification device

Director City Futures

Manager City Regulatory Services

s.10D(6)

Duty to cause to be published a copy of the

resolution

Director City Futures

Manager City Regulatory Services

s.12(1)

Power to appoint an agent for Council in the

registration of cats and dogs

Director City Futures

Manager City Regulatory Services

s.13

Function of receiving notification of sale by

domestic animal business or foster carer

(including where the animal was not

registered)

Manager City Regulatory Services

s.14(b)

Power to approve form of registration or

renewal of registration of dogs and cats

Director City Futures

Manager City Regulatory Services

s.15(2)

Power to permit pro-rata fees for dogs or cats

registered for part of a year

Director City Futures

Manager City Regulatory Services

s.15(6)

Duty to waive 50% of a registration fee of dogs

or cats if paragraphs (a) and (b) apply

Director City Futures

Manager City Regulatory Services

s.16

Duty to register or renew the registration of a

dog or cat (other than a dangerous or

restricted breed dog) in certain circumstances

Director City Futures

Manager City Regulatory Services

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s.17(1)

Power to register or renew the registration of a

dangerous dog and impose conditions upon

the registration

Director City Futures

Manager City Regulatory Services

s.17(1A)(a) Power to register or renew the registration of a

restricted breed dog

Director City Futures

Manager City Regulatory Services

under sections 10A(4) and 10C(6), a

Council cannot register a restricted

breed dog unless the dog is desexed

(subject to the exception under section

10B(1)(e)) and the dog has been

implanted with a prescribed permanent

identification device

s.17(1A)(b) Power to impose conditions on the registration

or the renewal of the registration of a restricted

breed dog

Director City Futures

Manager City Regulatory Services

under sections 10A(4) and 10C(6), a

Council cannot register a restricted breed

dog unless the dog is desexed (subject to

the exception under section 10B(1)(e))

and the dog has been implanted with a

prescribed permanent identification

device

s.17(2)

Duty to notify owner and allow owner

opportunity to make submissions, if Council

proposes not to register or renew the

registration of a dangerous dog or restricted

breed dog

Director City Futures

Manager City Regulatory Services

s.17(3)

Duty to consider submissions in relation to the

registration or renewal of registrations of a

dangerous dog before making decision

Director City Futures

Manager City Regulatory Services

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s.17(4)

Duty to serve written notice of decision not to

register or renew registration of dangerous dog

or restricted breed dog

Director City Futures

Manager City Regulatory Services

s.18(1)

Duty to keep register and allow inspection of

register of all registered dogs and cats

Director City Futures

Manager City Regulatory Services

s.18(2)(b)

Power to fix fee for inspection of registrations

of dogs and cats in the municipality

Not delegated

Approved Schedule of Fees and

Charges set through the budget process

s.18(3)

Power to fix fees for making of records or

obtaining certificates

Not delegated

Approved Schedule of Fees and

Charges set through the budget process

s.19(1)(a)

Duty to allocate a registration number to every

dog and cat which is registered

Director City Futures

Manager City Regulatory Services

s.19(1)(b)

Duty to give or send the owner a registration

certificate

Director City Futures

Manager City Regulatory Services

s.19(1)(c)

Duty to issue to the owner an identification

marker

Director City Futures

Manager City Regulatory Services

s.23(6)

Duty to give owner or occupier of the private

property a copy of a notice served under

s.23(3)

Director City Futures

Manager City Regulatory Services

s.25(3)

Duty to cause to be published any orders

made by Council under section 25

Director City Futures

Manager City Regulatory Services

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s.26(2A)

Duty to obtain agreement of owner or occupier

of private property, where Council proposes to

make, by resolution, an order under section

26(2)

Director City Futures

Manager City Regulatory Services

s.26(3)

Duty to cause to be published any orders

made by Council under section 26

Director City Futures

Manager City Regulatory Services

s.33A(1)

Duty to accept any dog or cat kept

surrendered to Council by the owner of the

animal

Director City Futures

Manager City Regulatory Services

Senior Animal Management Officer

Animal Management Officer

s.33A(3)

Duty to give Secretary certain information

about a dog under its control if dog exhibits

aggressive behaviour, may have been

involved in a dog attack or may be a restricted

breed dog.

Director City Futures

Manager City Regulatory Services

Senior Animal Management Officer

Animal Management Officer

This information must be given to the

Secretary in the time specified in

s.33A(4)

s.33A(2)(b) Duty to deal with surrendered dog or cat in

accordance with the Act, the regulations and

relevant Codes of Practice

Director City Futures

Manager City Regulatory Services

Senior Animal Management Officer

Animal Management Officer

s.34(1)

Power to declare a dog dangerous

Director City Futures

Manager City Regulatory Services

s.34(2)

Duty not to declare a dog dangerous in certain

circumstances

Director City Futures

Manager City Regulatory Services

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s.35(2)

Duty to notify the owner and receive written

and oral submissions from the owner if

proposing a dog be declared dangerous

Director City Futures

Manager City Regulatory Services

s.35(3)

Duty to consider materials submitted before

making a declaration

Director City Futures

Manager City Regulatory Services

s.36

Duty to give written notice of a declaration to

owner

Director City Futures

Manager City Regulatory Services

s.37

Function of receiving notification from owners

of certain dogs

Director City Futures

Manager City Regulatory Services

s.41B(1)

Duty to notify owner and allow it the

opportunity to make submissions to the

Council

Director City Futures

Manager City Regulatory Services

s.41C

Duty to give notice of a menacing dog

declaration to owner

Director City Futures

Manager City Regulatory Services

s.41D

Function of receiving notification in relation to

menacing dog

Director City Futures

Manager City Regulatory Services

s.41F

Function of receiving notification from owners

of restricted breed dogs

Director City Futures

Manager City Regulatory Services

s.41J(2)(a) Power to issue a permit to own more than 2

restricted breed dogs to any person who has

applied to the Council for such a permit

Director City Futures

Manager City Regulatory Services

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s41J(2)(b)

Power to issue a permit to keep more than 2

restricted breed dogs at a premises to any

person who has applied to the Council for such

a permit

Director City Futures

Manager City Regulatory Services

s.41J(3)

Power to fix fee for application for permit

Not delegated

Approved Schedule of Fees and

Charges set through the budget process

s.44(1)

Power to require restraint of animals

Director City Futures

Manager City Regulatory Services

Senior Animal Management Officer

Animal Management Officer

if Council has made a local law

prohibiting keeping of any dog or cat in

specified area of municipal district

s.44(2)

Duty to give written notice of requirement in

s.44(1)

Director City Futures

Manager City Regulatory Services

s.44AC(1) (c) Power to inspect information kept on register

of dangerous, menacing and restricted breed

dogs, in accordance with the regulations

Director City Futures

Manager City Regulatory Services

Team Leader City Compliance

s.44AE

Duty to provide details of dangerous,

menacing or restricted breed dogs to

Secretary

Director City Futures

Manager City Regulatory Services

s.44AEA

Duty to provide to the Secretary information

relating to a dog destroyed under s.84TA,

84TB, 84TC

Director City Futures

Manager City Regulatory Services

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s.44AF

Duty to provide to the Secretary information

relating to dangerous, menacing or restricted

breed dogs

Director City Futures

Manager City Regulatory Services

s.44AG

Duty to provide to the Secretary information

about owners of dangerous, menacing or

restricted breed dogs

Director City Futures

Manager City Regulatory Services

s.44AH

Duty to provide, when requested under sub

section 44AH(1) a statement to Secretary

confirming that information previously

provided by Council is accurate

Director City Futures

Manager City Regulatory Services

s.46(1)

Function of receiving applications to register a

premises

Director City Futures

Manager City Regulatory Services

s.46(2)

Power to approve form of registration of

domestic animal businesses

Director City Futures

Manager City Regulatory Services

s.46(3)

Function of requiring and receiving any further

information relating to an application

Director City Futures

Manager City Regulatory Services

s.47(1) and (2) Power to register and impose any terms,

conditions, limitations or restrictions on the

registration of premises for the purposes of a

domestic animal business

Director City Futures

Manager City Regulatory Services

s.48(2)

Power to approve form of renewal of

registration

Director City Futures

Manager City Regulatory Services

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s.48(3)

Power to approve form of renewal of

registration and information required

Director City Futures

Manager City Regulatory Services

s.48(4)

Function of requiring and receiving any further

information relating to the application Council

Director City Futures

Manager City Regulatory Services

s.49(1)

Power to fix fees for registration or renewal of

registration of domestic animal premises

Not delegated

Approved Schedule of Fees and

Charges set through the budget process

s.49(2)

Power to refund all or part of application fee

Director City Futures

Manager City Regulatory Services

s.52(1)

Function of receiving an application for transfer

of registration to a new premises

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

s.52(2)(a)

Power to approve form of application for

transfer of registration

Director City Futures

Manager City Regulatory Services

s.52(2)(c)

Power to fix fee for transfer of registration and

information required

Not delegated

Approved Schedule of Fees and

Charges set through the budget process

s.52(3)

Function of requiring and receiving any further

information relating to the transfer of

registration

Director City Futures

Manager City Regulatory Services

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s.52(4)

Power to register new (transferred) premises

as a domestic animal business and impose

any terms, conditions, limitations or restrictions

on that registration

Director City Futures

Manager City Regulatory Services

s.54(1)

Power to refuse to register or renew the

registration, refuse to transfer registration,

suspend registration and revoke registration of

premises

Director City Futures

Manager City Regulatory Services

s.54(2)

Power to act in accordance with section 54(1)

if satisfied that the circumstances of section

54(2)(a) or (b) are in existence

Director City Futures

Manager City Regulatory Services

s.54(3)

Duty to refuse to register or renew the

registration of a premises in relation to a

breeding domestic animal business in certain

circumstances

Director City Futures

Manager City Regulatory Services

s.54(3A)

Duty to refuse to register, renew the registration

of, or transfer the registration of a premises on

which a domestic animal business is, or is

proposed to be conducted, that is an animal

shelter, a pet shop or a pound in certain

circumstances

Director City Futures

Manager City Regulatory Services

s.54(3B)

Duty to refuse to register, renew the registration

of, or transfer the registration of a premises on

which a domestic animal business is, or is

proposed to be conducted, that is a breeding

domestic animal business in certain

circumstances

Director City Futures

Manager City Regulatory Services

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s.54A(1)

Duty to refuse to register the premises in

respect of which the application is made if

s.54A(a), (b) or (c) applies

Director City Futures

Manager City Regulatory Services

s.54A(2)

Duty to refuse to register the premises in

respect of which the application is made if a

breeding domestic animal business or a pet

shop is being conducted, or is proposed to be

conducted, on the rateable property on which

the premises is located

Director City Futures

Manager City Regulatory Services

s.54(3A)

Duty to refuse to register the premises in

respect of which the application is made if a

breeding domestic animal business or an

animal shelter is being conducted, or is

proposed to be conducted, on the rateable

property on which the premises is located

Director City Futures

Manager City Regulatory Services

s.54(3B)

Duty to refuse to register the premises on

which a breeding domestic animal business is

proposed to be conducted, that is a breeding

domestic animal business in certain

circumstances

Director City Futures

Manager City Regulatory Services

s. 54A(1)

Power to register new (transferred) premises

as a domestic animal business and impose

any terms, conditions, limitations or restrictions

on that registration

Director City Futures

Manager City Regulatory Services

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s. 54A(2)

Duty to refuse to register the premises in

respect of which the application is made if a

breeding domestic animal business or a pet

shop is being conducted, or is proposed

to be conducted, on the rateable property on

which the premises is located

Director City Futures

Manager City Regulatory Services

s. 54A(3)

Duty to refuse to register the premises in

respect of which the application is made if a

breeding domestic animal business or an

animal shelter is being conducted, or is

proposed to be conducted, on the rateable

property on which the premises is located

Director City Futures

Manager City Regulatory Services

S. 54B

Duty to refuse to register the premises on

which a breeding domestic animal business is

proposed to be conducted

Director City Futures

Manager City Regulatory Services

s.54C

Duty to refuse to transfer the registration of

premises on which a breeding domestic animal

business is being conducted to another

premises

Director City Futures

Manager City Regulatory Services

s.54D

Duty to refuse to renew the registration of a

premises on which a breeding domestic animal

business is being conducted

Director City Futures

Manager City Regulatory Services

s.55

Duty to give notice if it is proposed that the

Powers under s 54, 54A, 54B, 54C or 54D will

be exercised

Director City Futures

Manager City Regulatory Services

s.56

Duty to receive both oral and written

submissions and take into account any

submissions

Director City Futures

Manager City Regulatory Services

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s.57(1) and (2)

Duty to serve notice of decision and give

reasons for decision

Director City Futures

Manager City Regulatory Services

s.58AD(1)(a) Function of receiving a request from the chief

veterinary officer for a report on the premises

on which the domestic animal business is

conducted

Director City Futures

Manager City Regulatory Services

s.58AD(2) Duty to include a copy of any report from an

entry and search of the premises under Part 7

carried out in the 5 years preceding the

application for grant or renewal of approval

Director City Futures

Manager City Regulatory Services

s.58AI(1)(a) Power to cancel or not renew a commercial dog

breeder approval

Director City Futures

Manager City Regulatory Services

Where Council is the ‘relevant Council’

s.58AI(1)(b) Power to suspend a commercial dog breeder

approval

Director City Futures

Manager City Regulatory Services

Where Council is the ‘relevant Council’

s.58AI(2)

Duty to give the Minister notice of any

suspension, cancellation or refusal to renew

Director City Futures

Manager City Regulatory Services

s.58AL

Function of receiving notice of the Minister’s

grant, renewal, refusal to grant or renew,

revocation or cancellation of a commercial dog

breeder approval as soon as possible after it

occurs

Director City Futures

Manager City Regulatory Services

Where Council is the ‘relevant Council’

s.58B

Power to apply to Minister to register premises

as premises on which domestic animal

business conducted

Director City Futures

Manager City Regulatory Services

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s.58C(3)

Duty to comply with the terms, conditions,

limitations and restrictions on registration of

premises under section 58C

Director City Futures

Manager City Regulatory Services

s.58D(2)

Power to apply to Minister for renewal of

registration of premises

Director City Futures

Manager City Regulatory Services

s.58E

Duty to pay fee with application for registration

or renewal of registration of premises

Director City Futures

Manager City Regulatory Services

s.58F

Power to surrender registration of premises on

which domestic animal business conducted by

notice to Minister

Director City Futures

Manager City Regulatory Services

s.58G

Duty to notify the Minister of transfer of

registration

Director City Futures

Manager City Regulatory Services

s.58J

Power to make submissions to the Minister

regarding Minister's exercise of Power under

s58H

Director City Futures

Manager City Regulatory Services

s.58K

Function of receiving notice of Minister's

decision

Director City Futures

Manager City Regulatory Services

s.58P

Function of receiving, from the Minister, a copy

of the permit (including any conditions imposed

on the permit)

Director City Futures

Manager City Regulatory Services

Where Council is the ‘relevant Council’

s.58Q(3)

Function of receiving, from an authorised officer

who has given a direction under s.58Q(1),

notification of the closure of the sale

Director City Futures

Manager City Regulatory Services

Where Council is the ‘relevant Council’

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s.58R(3)

Function of receiving, from the Minister, a copy

of a report under s.58R as soon as practicable

after receiving the report.

Director City Futures

Manager City Regulatory Services

s.68A(1)

Duty to, in consultation with Secretary,

prepare, at four year intervals, a domestic

animal management plan

Director City Futures

Manager City Regulatory Services

Subject to s 68A(1A)

s.68A(1A) Power to apply to the Secretary for an extension

of time within which to prepare a domestic

animal management plan

Director City Futures

Manager City Regulatory Services

s.68A(3)(a) Duty to review domestic animal management

plan annually and, if appropriate, amend the

plan

Director City Futures

Manager City Regulatory Services

s.68A(3)(b) Duty to provide the Secretary with a copy of

the plan and any amendments to the plan

Director City Futures

Manager City Regulatory Services

s.68A(3)(c) Duty to prepare an evaluation of its

implementation of the plan for publication in

Council's annual report

Director City Futures

Manager City Regulatory Services

s.68B

Power , on application under s. 68C, to register

a person to provide foster care on a premises

in the municipal district of the Council, if the

person provides or intends to provide foster

care on that premises

Director City Futures

Manager City Regulatory Services

s.68C

Function of receiving an application for foster

carer registration

Director City Futures

Manager City Regulatory Services

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s.68D(1)

Power to renew registration

Director City Futures

Manager City Regulatory Services

s.68D(2)

Function of receiving an application for foster

carer registration renewal

Director City Futures

Manager City Regulatory Services

s.68E

Duty to have regard to the matters set out in

s.68E(a) – (e) when deciding whether or not to

grant or renew a foster carer registration

Director City Futures

Manager City Regulatory Services

s.68G(a)

Power to approve form of applications under s

68C or 68D(2)

Director City Futures

Manager City Regulatory Services

s.68G(b)

Power to require information in applications

under s 68C or 68D(2)

Director City Futures

Manager City Regulatory Services

s.68G(c)

Power to fix fee for applications under s 68C or

68D(2)

Director City Futures

Manager City Regulatory Services

s.68H(2)

Power to permit a pro rata fee to be paid where

a foster carer registration only applies for part

of a year

Director City Futures

Manager City Regulatory Services

s.68I(1)(b) Power to impose conditions on a foster carer

registration

Director City Futures

Manager City Regulatory Services

s.68J(1)

Power to suspend or cancel a foster carer

registration where the criteria in s 68J(1)(a) or

(b) apply

Director City Futures

Manager City Regulatory Services

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s.68J(2)

Duty to notify the registered foster carer of a

suspension or cancellation under s.68J(1)

Director City Futures

Manager City Regulatory Services

s.68K(1)

Duty to notify the holder of a foster carer, in

writing, if the Council proposes to suspend,

cancel or not renew a foster carer registration

Director City Futures

Manager City Regulatory Services

s.68K(2)

Function of receiving written submissions from

the holder of the registration

Director City Futures

Manager City Regulatory Services

s.68K(3)

Duty to consider any submission may under

s.68K(2) before deciding to suspend, cancel or

not renew the registration

Director City Futures

Manager City Regulatory Services

s 68N(1)

Duty to give to the Secretary the information

set out in s 68Q(1) and (2) relating to each

registration of a premises by the Council

under Part 4

Director City Futures

Manager City Regulatory Services

s 68O(1)

Duty to give to the Secretary the information

set out in s 68Q(1)(a), (c)(ii) and (iii), (d)(ii),

(h), (i) and (j), relating to each registration of

a foster carer by the Council under Part 5B

Director City Futures

Manager City Regulatory Services

s 68R(1)(a)(i)

Duty to give the information set out in s

68R(2) to the Secretary within 7 days after

making a decision under Part 4 to refuse to

grant, renew or transfer a registration under

that Part

Director City Futures

Manager City Regulatory Services

s 68R(1)(a)(ii) Duty to give the information set out in s

68R(2) to the Secretary within 7 days after

making a decision under Part 4 to suspend or

revoke a registration under that Part

Director City Futures

Manager City Regulatory Services

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s 68R(1)(b)(i)

Duty to give the information set out in s

68R(3) to the Secretary within 7 days of

making a decision under Part 5B not to

grant or renew a registration under that Part

Director City Futures

Manager City Regulatory Services

s 68R(1)(b)(ii) Duty to give the information set out in s

68R(3) to the Secretary within 7 days of

making a decision under Part 5B to

suspend or cancel a registration under that

Part

Director City Futures

Manager City Regulatory Services

s 68Y(3)

Function of receiving, from the Secretary, the

source number issued under s 68Y

Director City Futures

Manager City Regulatory Services

s 68Z(3)

Function of receiving, from the Secretary, the

source number issued under s 68Z

Director City Futures

Manager City Regulatory Services

s.69(1)

Duty to make payment to the Treasurer of

specified amounts in respect of registration of

cats, dogs or registered animal business

Director City Futures

Manager City Regulatory Services

s.69(1A)

Duty to make payment to the Treasurer in

respect of each registration fee collected by

the Council for the registration or renewal of

registration of a dog or cat in each financial

year

Director City Futures

Manager City Regulatory Services

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s.72

Power to appoint, by instrument, employees to

be authorised officers

Director People, Partnerships and

Performance

All statutory appointments and

authorisations to be made by Council

resolution (where required) or by Chief

Executive Officer or Director People,

Partnerships and Performance on

recommendation of relevant Director or

Manager

s.72A(1)

Power to appoint person who is not employee

of Council as authorised officer

Director People, Partnerships and

Performance

All statutory appointments and

authorisations to be made by Council

resolution (where required) or by Chief

Executive Officer or Director People,

Partnerships and Performance on

recommendation of relevant Director or

Manager

Person appointed must have

qualifications and experience prescribed

by Secretary and the instrument of

appointment and authorisation must

specify the period for which the person

is appointed

s.73(1)

Duty to issue identity card to authorised

officers

Manager City Regulatory Services

Coordinator City Compliance

Administration Officer (City Compliance)

Instrument of Authorisation and identity

card to be issued only on authority of

relevant Director or Manager. Identity

cards are to be signed by the Chief

Executive Officer or Director People,

Partnerships and Performance

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84DD(2)

Function of receiving report

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

s.84J

Power to retain custody of dog or cat until

animal recovered under Division 5 or

destroyed disposed of under Division 6

Director City Futures

Manager City Regulatory Services

s.84L(1)

Power to retain custody of dog the subject of a

declaration under s.98A until review of the

declaration is determined under Part 7E or the

dog is recovered under Division 5 or destroyed

under Division 6

Director City Futures

Manager City Regulatory Services

s.84L(2)

Power to retain custody of dog before

destruction under division 6 where dog is

seized under s.80 and officer cannot serve

declaration because owner cannot be

identified

Director City Futures

Manager City Regulatory Services

s.84M(1)

Power to decide not to retain custody of dog or

cat seized under ss 23(1), 82, 82B, 83, 84,

84A, 84B or 84C

Director City Futures

Manager City Regulatory Services

s.84N(1)(c) Power to require custody of restricted breed

dog until the outcome of prosecution under the

Act or Regulations in relation to the dog

Director City Futures

Manager City Regulatory Services

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s.84N(1)(d)

Power to fix an amount payable for the

reasonable costs and expenses incurred by

the Council in seizing the dog and retaining

custody of it until its recovery

Director City Futures

Manager City Regulatory Services

s.84O(1)

Power to destroy a cat seized under Part 7A if

cat does not bear an identification marker or

device or cat is wild, uncontrollable or

diseased

Director City Futures

Manager City Regulatory Services

s.84O(2)

Duty to destroy dangerous dog or restricted

breed dog as soon as possible where owner is

entitled to recover dog under Division 5 but

does not recover dog in accordance with the

time period in that division

Director City Futures

Manager City Regulatory Services

s.84O(3)

Duty to sell or destroy cat or dog (other than

dangerous or restricted breed dog) as soon as

possible where owner is entitled to recover

dog under division 5 but does not recover dog

in accordance with the time period in that

division

Director City Futures

Manager City Regulatory Services

in accordance with any relevant business

code of practice or greyhound code of

practice

s.84P

Power to destroy dog seized under Part 7A in

certain circumstances listed in paragraphs (a),

(c), (d), (e) and (f)

Director City Futures

Manager City Regulatory Services

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s.84Q (1)

Duty to commence prosecution of a person as

soon as possible after seizure under Part 7A, if

authorised officer reasonably suspects that the

person has committed an offence listed in

S.84(2) with respect to a dog or a cat seized

under that part, and Power to retain custody of

animal seized under s.84B and in any other

case, Duty to retain custody until the outcome

of the prosecution in s.84Q is known

Director City Futures

Manager City Regulatory Services

s.84Q(2A)(a) Duty to commence prosecution of the owner of

the dog or cat as soon as possible after the

seizure and after sufficient information is

available to enable the commencement of the

prosecution

Director City Futures

Manager City Regulatory Services

s.84Q(2A)(b) Duty to retain custody of the dog or cat and any

offspring of the dog or cat until the outcome of

the prosecution is known

Director City Futures

Manager City Regulatory Services

s.84Q(3)(a) Duty to serve declaration on owner

Director City Futures

Manager City Regulatory Services

s.84R

Power to require owner to provide his or her

current address to Council in certain

circumstances

Director City Futures

Manager City Regulatory Services

s.84S

Power to destroy dog seized under Part 7A, in

the time periods listed, if owner is suspected of

committing an offence set out in paragraph (a),

(b) or (c) of section 84Q(2) and cannot be

identified

Director City Futures

Manager City Regulatory Services

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s.84T(1)

Duty to destroy dog seized under section 80

within 8 days after seizure if owner cannot be

identified and authorised officer reasonably

believes dog is restricted breed dog

Director City Futures

Manager City Regulatory Services

s.84T(2)

Duty to notify the Secretary of certain

information after destroying a dog under

section 84T(1)

Director City Futures

Manager City Regulatory Services

Notice must comply with requirements of

S.84T(3)

s.84TA(1)

Power to destroy a dog seized under Part 7A

in circumstances listed (a) – (c)

Director City Futures

Manager City Regulatory Services

84TA (4) and (5) council (delegate) must

make decision within 48 hours and

record the time and date of decision

s.84TC(1) Power to destroy a dangerous dog if the dog

was declared a dangerous dog and it is

believed that the owner of the dog is guilty of

an offence under section 24 or 26

Director City Futures

Manager City Regulatory Services

84TC (4) and (5) council (delegate) must

make decision within 48 hours and

record the time and date of decision

s.84U

Duty to ensure seized animal is desexed

before selling it

Director City Futures

Manager City Regulatory Services

s.84V(2)

Power to give animal to an approved person or

body

Director City Futures

Manager City Regulatory Services

Where Council is authorised under this

Act to destroy the animal

s.84VA(1) Power to recover any reasonable cost incurred

by the Council for the care, transport,

maintenance and disposal of the dog or cat for

the whole or any part of the time from when the

dog or cat is seized under Division 2 until the

time when the dog or cat is disposed of under

s.84TD

Director City Futures

Manager City Regulatory Services

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s.84VA(2)

Power to recover costs under s.84VA(1) from

the owner, or person in charge of the dog or cat

when the dog or cat was seized

Director City Futures

Manager City Regulatory Services

s.84Y

Power to enter written agreement to seize,

receive and retain, sell or destroy dogs or cats,

as well as the Power to give a seized dog or

cat to a community foster care network, give a

seized dog or cat to an animal shelter and/or

charge fees for doing any of the things under

the written agreement

Director City Futures

Manager City Regulatory Services

s.95

Function of receiving payment of fines

Director City Futures

Manager City Regulatory Services

s.98(1A)

Power to apply to VCAT for review of a

decision by Minister in relation to registration

of domestic animal business

Director City Futures

Manager City Regulatory Services

s.100A

Duty to notify Secretary where VCAT or

Supreme Court sets aside a decision to

declare a dog to be a dangerous dog,

menacing dog or restricted breed dog

Director City Futures

Manager City Regulatory Services

Notice must comply with requirements of

S.100A(2) and (3)

s.100C

Function of receiving disclosed information

from a person who is or was engaged in the

administration of Part 5B or 5C

Director City Futures

Manager City Regulatory Services

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s.100D

Power to disclose information held by Council

to another Council, a restricted authorised

officer or a Departmental authorised officer for

the purpose of the performance of Functions

under Part 4 or Part 4AA or regulations under

those Parts by that person

Director City Futures

Director People, Partnerships and

Performance

Manager City Regulatory Services

Manager Governance and Risk

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s.48R

Function of receiving details of alleged

contraventions of building legislation

Director City Futures

Manager City Development Services

Municipal Building Surveyor

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s.271(1)

Function of receiving information from National

Authority in respect of education and care

services

Director Community Wellbeing

Manager Community Care

s.271(2)

Function of receiving information from

Regulatory Authority in respect of education

and care services

Director Community Wellbeing

Manager Community Care

s.271(3)

Power to disclose information to authorities or

government departments in respect of

education and care services

Director Community Wellbeing

Manager Community Care

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s.2.3.13

Power to enter into and carry out a contract

with the school Council

Director Community Wellbeing

Manager Leisure and Community Facilities

Director Infrastructure and City Services

Manager Parks and Public Realm

s 2.6.21B(1)

Function of receiving information from the

Victorian Institute of Teaching in respect of

a registered teacher or former registered

teacher, or a provider of a program, unit

or course of study, for a purpose specified

in subsection (4)

Director Community Wellbeing

Manager Community Care

s 2.6.21B(2)

Power to provide information to the

Victorian Institute of Teaching in respect of

a registered teacher or former registered

teacher or a provider of a program, unit or

course of study for a purpose specified in

subsection (4)

Director Community Wellbeing

Manager Community Care

s.4.9.4(1AAA) Function of responding to requests by

Victorian Registration and Qualifications

Authority for information under s 4.9.4

Director Community Wellbeing

Manager Community Care

s 4.2.2(1)(g) Function of receiving education, information

and advice on Child Safe Standards

Director Community Wellbeing

Manager Community Care

s 5.8.24

Function of receiving official warning from

the Victorian Registration and Qualifications

Authority

Director Community Wellbeing

Manager Community Care

s 5.8.26(4) Power to withdraw or vary an undertaking Director Community Wellbeing

Manager Community Care

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s 5.8.30

Duty to comply with an adverse publicity

order

Director Community Wellbeing

Manager Community Care

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s.84C

Duty to keep trees clear of electrical lines

on public land managed by Council

Director Infrastructure and City Services

Group Manager Operations

Parks Services Unit Manager

Municipal Fire Prevention Officer (MFPO)

Applies to public land, managed by

Council, which has been declared under

s.81 of the

for

the purposes of Part 8 of the Act.

As at the date of this Instrument of

Delegation John Petroro, Manager City

Regulatory Services is the appointed

Municipal Fire Prevention Officer (MFPO)

s.86B

Duty to specify certain matters in municipal

emergency management plan

Director Infrastructure and City Services

Group Manager Operations

Parks Services Unit Manager

Municipal Fire Prevention Officer (MFPO)

Director Community Wellbeing

Manager Community Care (Municipal Recovery

Manager)

Resilience and Emergency Management Officer

(Duty MRM/MEMO)

Operations Projects Officer (Duty MRM/MEMO)

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s 108(1)(d)(ii) Power to enable identification of a person

Director Corporate Services

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s 59

Duty to establish a Municipal Emergency

Management Planning Committee

Municipal Emergency Management Officer

(MEMO)

Municipal Recovery Manager (MRM)

s 59B(1)

Duty to nominate a chairperson of the

Municipal Emergency Management

Planning Committee

Not delegated

Delegates cannot nominate themselves

s 59B(1)(b) Power to nominate a member of Council

staff to be the chairperson of the Municipal

Emergency Management Planning

Committee

Not delegated

s 59F(b)

Function of, in collaboration with other

agencies and by the establishment of a

Municipal Emergency Management

Planning Committee, enabling community

participation in emergency preparedness,

including mitigation, response and recovery

activities

Nominated Chairperson of the Municipal

Emergency Management Planning Committee

s 59G(1)

Duty to appoint one or more municipal

emergency management officers

Municipal Emergency Management Officer

(MEMO)

Municipal Recovery Manager (MRM)

s 59H(1)

Duty to appoint one or more municipal

recovery managers

Municipal Emergency Management Officer

(MEMO)

Municipal Recovery Manager (MRM)

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s 60AI(1)(ab) Function of receiving a copy of the plan in a

form suitable for publication on the

municipal council's Internet site on behalf of

the relevant Municipal Emergency

Management Planning Committee

Municipal Emergency Management Officer

(MEMO)

Municipal Recovery Manager (MRM)

s.69

Duty to comply with an information

gathering notice issued by the Inspector

General for Emergency Management

Municipal Emergency Management Officer

(MEMO)

s.70

Function of receiving draft review or report

and providing comment or response to

Inspector-General for Emergency

Management

Directors

Municipal Emergency Management Officer

(MEMO)

s.70A(2)

Power to consent to entry of vessel,

premises or vehicle

Directors

Municipal Emergency Management Officer

(MEMO)

s.70A(3)

Duty to provide the Inspector-General with

a written response to a request for consent

under s.70A(2)

Director Infrastructure and City Services

Municipal Emergency Management Officer

(MEMO)

s.70B

Function of giving reasonable assistance to

the Inspector-General for Emergency

Management

Municipal Emergency Management Officer

(MEMO)

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s 50(1)(ii)

Function of receiving application for

permission

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 50(2)

Duty of advising applicant that application

does not comply with s 50

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s. 50A(1)

Power to require an applicant to pay a fee Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s. 50A(3)

Duty to give notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s. 51A

Power to require an applicant to provide

information

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

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s 54(1)

Power to issue a permission subject to

conditions specified in the permission

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 56(2)(b)

Function of receiving an application for the

transfer of permit issued by Council

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 56(4)

Duty to either refuse or transfer the permit

subject any conditions within 20 business

days after receiving application

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 56(5)

Duty to refuse to transfer permit if Council

if the applicant is not a fit and proper

person to hold a permit

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

Consider s 66

s 56(6)

Duty to, as soon as practicable after

making a decision, give applicant and

holder of permit written notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

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s 57(2)(b)

Function of receiving application for

amendment of permit

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 57(4)

Duty to either refuse or amend permit

subject to any conditions

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 57(8)

Duty to, as soon as practicable after

making a decision, give holder of permit

written notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 58(1)

Power to amend a permission issued on

own initiative

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 58(3)

Duty to, as soon as practicable after

making a decision, give the permission

holder written notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

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s 59(2)(b)

Function of receiving application to

surrender or revoke a permit

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 59(4)

Duty to either consent to the surrender

application subject to any conditions or

refuse to consent to the surrender within

20 business days after receiving an

application

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 59(7)

Duty to, as soon as practicable after

making a decision, give the permit holder

a written notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 59(9) & (10) Duty to revoke the permissions if request

received in writing and give the permit

holder written notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 60(1)

Power to suspend a permission

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

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s 60(2)

Duty to give permit holder written notice if

proposing to suspend a permission

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 60(3)

Duty to consider submissions

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 60(4)

Duty to, as soon as practicable after

making a decision, give the permit holder

with written notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 60(6)

Power to remove period of suspension

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 60(7)

Power to extend period of suspension

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 77

s 60(8)

Duty to give permit holder written notice of

decision to extend period of suspension

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 61(1) & (2) Power to revoke permission on own

initiative

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 61(3)

Duty to give permit holder written notice if

proposing to revoke a permission

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 61(4)

Duty to consider submissions

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 61(5) & (6) Duty to, as soon as practicable, give

permission holder written notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 78

s 81(1)

Duty to issue a permit subject to any

conditions or refuse to issue a permit upon

receiving an application under s 50

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 81(4)

Duty to refuse to issue a permit in

circumstances specified

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 83(1)

Function of receiving application for

exemption

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 83(3)

Duty to grant the exemption subject to any

conditions or refuse to grant the

exemption within 10 business days upon

receiving application

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 84(1)(b)

Function of receiving renewal application

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

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Page | 79

s 84(4)

Duty to renew or refuse to renew the

permit

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 84(8)

Power to renew permit for (a) a period of

not more than 5 years or (b) any shorter

period prescribed

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 84(9)

Power to renew a permit more than once

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 114(2)

Power to appoint litter enforcement officer

Director People, Partnerships and

Performance

Where Council is a litter authority

s 118(1)(b)

Function of receiving a written statement

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

Where Council is a litter authority

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 80

s 121(1)

Power to issue a waste abatement notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

Where Council is a litter authority

s 121(6)

Power to direct the occupier of the place

or premises to remove or dispose of the

waste within the time specified in a waste

abatement notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

Where Council is a litter authority

s 121(8)

Power to vary or revoke a waste

abatement notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

Where Council is a litter authority

s 122(1)

Power to remove or dispose of waste or

object or thing

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

Where Council is a litter authority

s 122(2)

Power to recover any reasonable costs

incurred in taking action under this section

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

Where Council is a litter authority

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 81

s 131(1)

Function of receiving signed written report

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 131(2)

Power to take further action

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 156(1)

Duty to comply with Order of the Governor

in Council

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 171(1)

Power to appoint a residential noise

enforcement officer

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 172(1)

Power to issue a residential noise

improvement notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 82

s 172(5)(a)

Power to extend time to comply with

residential noise improvement notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 172(5)(b)

Power to revoke or amend any

requirement specified in a residential

noise improvement notice

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 174(1)

Power to apply for injunctions relating to

residential noise

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s. 242(2)

Power to appoint an employee or class of

employee as an authorised officer for the

purposes of the power or function

delegated to council

Director People, Partnerships and

Performance

All statutory appointments and

authorisations to be made by Council

resolution (where required) or by Chief

Executive Officer or Director People,

Partnerships and Performance on

recommendation of relevant Director

or Manager

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s. 242(2A)

Power to appoint a specified person or

each member of a specified class of

person as an authorised officer for the

purposes of the power or function

delegated to council

Director People, Partnerships and

Performance

All statutory appointments and

authorisations to be made by Council

resolution (where required) or by Chief

Executive Officer or Director People,

Partnerships and Performance on

recommendation of relevant Director

or Manager

s. 242(2B)

Duty to prepare and give to the Authority a

written report

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

s 347(3)

Power to take proceedings for an offence

against a provision relating to permits

under the Environment Protection

Regulations 2021

Director City Futures

Manager City Regulatory Services

Manager City Development Services

s 347(4)

Power to take proceedings for an offence

against a provision of Part 6.3

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

Where Council is a litter authority

s. 347(7)

Power to appoint a person who is an

employee or an officer of council to take

proceedings for offences under ss 25, 27,

286, 287 and 288

Director People, Partnerships and

Performance

All statutory appointments and

authorisations to be made by Council

resolution (Where required) or by

Chief Executive Officer or Director

People, Partnerships and Performance

on recommendation of relevant

Director or Manager

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 84

s 431

Power to apply to VCAT for review of a

reviewable decision

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor (MBS)

Where Council is an ‘eligible person’

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 85

s.70E(3)

Duty to comply with request of Director

or Inspector under section 70E(1) to

provide answers or supply information

Director People, Partnerships and Performance

Manager Governance and Risk

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 86

s.14(2)

Function of providing certain information

to assist an owner of land to give a

fencing notice

Manager Engineering and Infrastructure

Customer Service Officers

s.16(1)

Power to agree with adjoining owner of

land on a fence line other than common

boundary

Manager Engineering and Infrastructure

with respect to land owned by or under

the control of Council

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 87

sch 1.

Principle 1

Duty to not unreasonably withhold the

approval of an application for a film

permit, subject to this Act and any other

Act

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Community Development and Compliance Officer

Power to consider operational

requirements such as commercial

agreements and the maintenance of any

land or facilities. or to consider public

amenity, safety and security, and

environmental and heritage impacts when

approving a permit application

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Community Development and Compliance Officer

sch 1.

Principle 2

Duty to approve or refuse an application

for a film permit in a timely manner and to

take reasonable steps to respond to an

applicant within 5 business days

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Community Development and Compliance Officer

sch 1.

Principle 3

Duty to give reasons for refusal of a film

permit application.

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Community Development and Compliance Officer

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 88

sch 1.

Principle 4

Duty to take reasonable steps to provide a

single point of contact to deal with

commercial filming on public land

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Community Development and Compliance Officer

sch 1.

Principle 5

Duty to ensure that any application forms

and other documents required to consider

an application for a film permit are

consistent with any standard forms or

documents issued by Film Victoria

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Community Development and Compliance Officer

sch 1.

Principle 6

Duty for fees charged for applications for

film permits and issuing film permits not

exceed cost recovery

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Community Development and Compliance Officer

sch 1.

Principle 7

Duty to publish information about how a

person may apply for a film permit on its

website or on a website approved by Film

Victoria

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Community Development and Compliance Officer

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 89

sch 1.

Principle 8

Duty to take reasonable steps to ensure

that staff responsible for considering and

issuing film permits are given appropriate

information regarding the film industry

Director City Futures

Manager City Regulatory Services

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 90

s.10F(4)

Function of receiving notice from Director

regarding where infringement notice

waived

Director City Futures

Manager City Regulatory Services

s.10S(1)

Function of receiving a direction to

suspend any enforcement action

Director City Futures

Manager City Regulatory Services

s.10S(4)

Function of receiving notice of family

violence scheme (FVS) applications

Director City Futures

Manager City Regulatory Services

s.10U(1)(c) Function of receiving a direction to

withdraw an infringement notice and take

no further action in relation to the relevant

offence

Director City Futures

Manager City Regulatory Services

s.10U(2)(a) Duty to withdraw an infringement notice

Director City Futures

Manager City Regulatory Services

if directed by the Director of Fines Victoria

and within 28 days of the direction

by issuing a withdrawal notice that

complies with s 19(a) and (b)(iii) of the

Infringements Act 2006

s.10U(2)(b)

Duty to notify the Director and the FVS

eligible person of the withdrawal of the

infringement notice

Director City Futures

Manager City Regulatory Services

s.10V(4)

Function of receiving a direction to, and a

Duty to, take no enforcement action during

the enforcement suspension period

Director City Futures

Manager City Regulatory Services

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 91

s.10V(6)

Power to take any action referred to in s

38(1)(a) with respect to the FVS eligible

offence

Director City Futures

Manager City Regulatory Services

if an effective known user statement is

cancelled under s 84BF of the Road

Safety Act 1986, and the FVS eligible

offence is referred to Council

s.10V(7)(c) Function of receiving a direction to

withdraw an infringement notice and take

no further action in relation to the relevant

offence

Director City Futures

Manager City Regulatory Services

s.10V(9)(a) Duty to withdraw an infringement notice

Director City Futures

Manager City Regulatory Services

if directed by the Director of Fines Victoria

and within 28 days of the direction

by issuing a withdrawal notice that

complies with s 19(a) and (b)(iii) of the

Infringements Act 2006

s.10V(9)(b)

Duty to notify the Director and the FVS

eligible person of the withdrawal of the

infringement notice

Director City Futures

Manager City Regulatory Services

s.10W(1)

Function of receiving a written notice of the

Director of Fines Victoria’s determination

Director City Futures

Manager City Regulatory Services

if the Director of Fines Victoria determines

that an FVS applicant is not an FVS

eligible person in respect of an FVS

eligible offence

s.10W(4)

Power to, 21 days after the Director has

notified the FVS applicant of their

ineligibility, resume enforcement action

Director City Futures

Manager City Regulatory Services

if the Director of Fines Victoria determines

that an FVS applicant is not an FVS

eligible person in respect of the relevant

FVS eligible offence under s 10T

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 92

s.10X(2)

Function of receiving referred matters from

the Director of Fines Victoria

Director City Futures

Manager City Regulatory Services

s.10Y(1)(a) Power to withdraw an infringement notice

and take no further action or issue an

official warning

Director City Futures

Manager City Regulatory Services

Where the Director of Fines Victoria refers

an infringement offence under s 10X(2)

by issuing a withdrawal notice under s 19

of the Infringements Act 2006

s.10Y(1)(b) Power to file a charge-sheet charging the

offence

Director City Futures

Manager City Regulatory Services

s.16

Function of registering infringement fines

with Director of Fines Victoria and paying

the prescribed fee

Director City Futures

Manager City Regulatory Services

s.20(4)

Function of being advised by Director of

Fines Victoria of determination

Director City Futures

Manager City Regulatory Services

s.21(1)

Power to withdraw infringement notice,

issue official warning or file a charge

sheet upon receipt of notice under s 20

Director City Futures

Manager City Regulatory Services

s.21A

Duty to notify Director of Fines Victoria of

commencement of proceeding by filing a

charge-sheet under s 21(1)(c) in writing

Director City Futures

Manager City Regulatory Services

s.22

Power to request Director of Fines Victoria

not to issue or serve notice of final

demand

Director City Futures

Manager City Regulatory Services

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 93

s.37(2)

Function of receiving written notice of

enforcement cancellation from Director of

Fines Victoria

Director City Futures

Manager City Regulatory Services

s.38

Duty, once served notice of an

enforcement cancellation notice, to

withdraw notice, withdraw notice and

issue a written warning or withdraw notice

and commence proceeding

Director City Futures

Manager City Regulatory Services

s.38A

Duty to notify Director of Fines of

commencement of proceeding by filing a

charge-sheet under section 38(1)(a)(iii) in

writing

Director City Futures

Manager City Regulatory Services

s.43

Power to refer infringement fine to

Director of Fines Victoria for management

by payment arrangement upon request

Director City Futures

Manager City Regulatory Services

s.44

Function of receiving notice of notification

of refusal of application under section 43

Director City Futures

Manager City Regulatory Services

s.48(2)

Duty to request Director of Fines Victoria

to remove infringement fine if infringement

notice withdrawn

Director City Futures

Manager City Regulatory Services

s.54(1)

Duty to provide Director of Fines Victoria

with most up-to-date contact details of

persons where referring infringement fine

Director City Futures

Manager City Regulatory Services

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 94

s.54(5)

Function of receiving notice from Director

of Fines Victoria where fine recipient

makes certain requests, or the payment

arrangement that applies to that person is

cancelled under s 56

Director City Futures

Manager City Regulatory Services

s.174

Function of receiving request from the

Director of Fines Victoria or the sheriff

Director City Futures

Manager City Regulatory Services

Where Council is a ‘specified body’

s.175

Duty to comply with a request from the

Director of Fines Victoria or the Sheriff for

the supply of information for the purpose

of enforcing registered fines

Director City Futures

Manager City Regulatory Services

Where Council is a ‘specified body’

unless the CEO of the Council certifies in

writing that exceptional circumstances

apply

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 95

s 4J(4)

Function of consulting with Fire District Review

Panel

Municipal Fire Prevention Officer (MFPO)

MFPO is currently Manager City

Regulatory Services.

s 5

Duty to take all practicable steps to prevent fire

and minimise spread of fires

Director City Futures

Manager City Regulatory Services

Municipal Fire Prevention Officer (MFPO)

Director Infrastructure and City Services

Group Manager Operations

s 5(2)

Power to acquire equipment and do anything

necessary to fulfil duty under s 5(1) and pay for

it from municipal fund

Director City Futures

Manager City Regulatory Services

Municipal Fire Prevention Officer (MFPO)

Director Infrastructure and City Services

Group Manager Operations

s 5A(1)(a)

Duty to appoint fire prevention officer

Director City Futures

Manager City Regulatory Services

s 5A(1)(b)

Power to appoint assistant fire prevention

officer

Director People, Partnerships and

Performance

s 72(1)

Power to request the Fire Rescue Victoria to

carry out fire prevention works

Municipal Fire Prevention Officer (MFPO)

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 96

s 4J(4)

Function of consulting with Fire District Review

Panel

Municipal Fire Prevention Officer (MFPO)

MFPO is currently Manager City

Regulatory Services.

s 72(2)

Duty to pay for any fire prevention work carried

out

Director City Futures

Manager City Regulatory Services

Municipal Fire Prevention Officer (MFPO)

Director Infrastructure and City Services

Group Manager Operations

Director Corporate Services

Manager Finance

s 72(3)

Power to consent to carrying out fire prevention

work

Director City Futures

Manager City Regulatory Services

Municipal Fire Prevention Officer (MFPO)

Director Infrastructure and City Services

Group Manager Operations

s 77(3)

Function of receiving penalties recovered for

offences committed against s 91

Director Corporate Services

Manager Finance

If fire prevention notice was issued

by a fire prevention officer

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 97

s.9(9)

Power to apportion any levy amount

Director Corporate Services

Manager Finance

Coordinator Revenue

for 2 or more parcels of land which have a

combined valuation and are owned

separately

s.9A(1)

Function of receiving application for single

farm enterprise exemption

Director Corporate Services

Manager Finance

Coordinator Revenue

s.9A(2)(b) Power to specify form and timeframe for

making applications under s.9A(1)

Director Corporate Services

Manager Finance

Coordinator Revenue

s.9A(3)

Power to require further particulars or for

applicant to verify particulars regarding

application

Director Corporate Services

Manager Finance

Coordinator Revenue

s.9A(4)

Function of receiving notice of changes in

circumstances

Director Corporate Services

Manager Finance

Coordinator Revenue

s.19 and 20 Duty to pay levy amount in respect of

leviable land owned by Council

Director Corporate Services

Manager Finance

Coordinator Revenue

note: Council is only liable to pay the

relevant fixed charge in respect of land

described in section 20(1)

s.21(3)(a) Function of assessing the amount of levy

payable

Director Corporate Services

Manager Finance

Coordinator Revenue

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Page | 98

s. 21(3)(b) Function of collecting the levy payable

Director Corporate Services

Manager Finance

Coordinator Revenue

s.21(4)(a) Function of assessing the amount of levy

payable

Director Corporate Services

Manager Finance

Coordinator Revenue

if Council has been directed to be a

collection agency in respect of non

rateable leviable land not located within its

municipal district boundaries

s.21(4)(b) Function of collecting the levy payable

Director Corporate Services

Manager Finance

Coordinator Revenue

if Council has been directed to be a

collection agency in respect of non

rateable leviable land not located within its

municipal district boundaries

s.22

Power to exercise Powers and Functions

under section 229 of the

1989 (land information certificates) and

section 313 of the

(institute proceedings)

Director Corporate Services

Manager Finance

Coordinator Revenue

s.24

Duty to keep levy records in accordance

with s.24

Director Corporate Services

Manager Finance

Coordinator Revenue

s.25(1)

Duty to give a written notice to the owner of

leviable land or to another specified person

if requested by owner

Director Corporate Services

Manager Finance

Coordinator Revenue

S7 Instrument of Sub-Delegation from CEO to Staff - December 2023

Page | 99

s.25(6)

Duty to transfer the amount of levy

collected to the Commissioner

Director Corporate Services

Manager Finance

Coordinator Revenue

s.27(1)

Power to defer payment of levy in respect

of rateable leviable land where applicant

shows hardship

Director Corporate Services

Manager Finance

Coordinator Revenue

s.170 of the

1989

applies, subject to modifications set out in

s.27

note: may only defer levy if have deferred

rates or charges under s.170 of the

1989 for that land

s.27(1)

Power to require payment of levy in respect

of rateable leviable land where applicant no

longer in hardship or no longer occupies

land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.170 of the

1989

applies, subject to modifications set out in

s.27

s.27(1)

Power to waive levy in respect of rateable

leviable land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171 of the

1989

applies, subject to modifications set out in

s.27(4)

note: may only waive levy if have waived

rates or charges under s.171 of the

1989 for that land

s.27(1)

Duty to waive levy upon receipt of an

application which complies with s.171(4) of

the

1989, in respect

of rateable leviable land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171 of the

1989

applies, subject to modifications set out in

s.27(4)

note: may only waive levy if have waived

rates or charges under s.171 of the

1989 for that land

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Page | 100

s.27(1)

Power to decide to treat a person to whom

a waiver is granted as having made a

continuing application or waiver in respect

of rateable leviable land, in accordance with

s.171(4)(f) of the

1989

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171 of the

1989

applies, subject to modifications set out in

s.27(4)

note: may only waive levy if have waived

rates or charges under s.171 of the

1989 for that land

s.27(1)

Function of receiving application for waiver

of levy in respect of rateable leviable land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171A of the

1989

applies, subject to modifications set out in

s.27(4)

note: may only waive levy if have waived

rates or charges under s.171A of the

1989 for that land

s.27(1)

Power to require information or verification

in respect of rateable leviable land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171A of the

1989

applies, subject to modifications set out in

s.27(4)

note: may only waive levy if have waived

rates or charges under s.171A of the

1989 for that land

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Page | 101

s.27(1)

Power to waive levy or levy interest in

respect of rateable leviable land

Director Corporate Services

Manager Finance

Coordinator Revenue

note: may only waive levy if have waived

rates or charges under s.171A of the

1989 for that land

s.171A of the

1989

applies, subject to modifications set out in

s.27(4)

s.28(1)

Power to defer payment of levy in respect

of non-rateable leviable land where

applicant shows hardship

Director Corporate Services

Manager Finance

Coordinator Revenue

s.170 of the

1989

applies, subject to modifications set out in

s.28

s.28(1)

Power to require payment of levy in respect

of non-rateable leviable land where

applicant no longer in hardship or no longer

occupies land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.170 of the

1989

applies, subject to modifications set out in

s.28

s.28(1)

Power to waive levy in respect of non

rateable leviable land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171 of the

1989

applies, subject to modifications set out in

s.28(4)

s.28(1)

Duty to waive levy upon receipt of an

application which complies with s.171(4) of

the

1989, in respect

of non-rateable leviable land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171 of the

1989

applies, subject to modifications set out in

s.28(4)

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Page | 102

s.28(1)

Power to decide to treat a person to whom

a waiver is granted as having made a

continuing application or waiver in respect

of non-rateable leviable land, in accordance

with s.171(4)(f) of the

1989

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171 of the

1989

applies, subject to modifications set out in

s.28(4)

s.28(1)

Function of receiving application for waiver

of levy in respect of non- rateable leviable

land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171A of the

1989

applies, subject to modifications set out in

s.28(4)

s.28(1)

Power to require information or verification

in respect of non-rateable leviable land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171A of the

1989

applies, subject to modifications set out in

s.28(4)

s.28(1)

Power to waive levy or levy interest in

respect of non-rateable leviable land

Director Corporate Services

Manager Finance

Coordinator Revenue

s.171A of the

1989

applies, subject to modifications set out in

s.28(4)

s.29(1)

Duty to give concession

Director Corporate Services

Manager Finance

Coordinator Revenue

s.30(1)

Duty to require a person to pay levy interest

Director Corporate Services

Manager Finance

Coordinator Revenue

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s.30(3)

Power to obtain court order requiring

payment of levy

Director Corporate Services

Manager Finance

Coordinator Revenue

s.30(4)

Power to waive levy interest where court

order obtained under s.30(3)

Director Corporate Services

Manager Finance

Coordinator Revenue

s.30(5)

Power to exempt any person from paying

the whole or part of levy interest, in

accordance with s.30(5)(a) or (b)

Director Corporate Services

Manager Finance

Coordinator Revenue

s.30(6)

Power to recover levy interest due in the

same way as Council recovers the levy

amount

Director Corporate Services

Manager Finance

Coordinator Revenue

s.31(1)

Power to recover the whole of the levy from

either all, any or one persons jointly liable to

pay levy

Director Corporate Services

Manager Finance

Coordinator Revenue

Where 2 or more persons jointly liable to

pay levy

s.31A(2)(a) Duty to refund amount of levy proportionate

to the part of levy year remaining where

land ceases to be leviable land and levy

payment has already been made

Director Corporate Services

Manager Finance

Coordinator Revenue

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s.31A(2)(b)

Duty to only require proportionate amount

of levy to be paid where land ceases to be

leviable land and levy payment has not

already been made

Director Corporate Services

Manager Finance

Coordinator Revenue

s.32(7)

Power to recover amount in arrears, in

accordance with s.32(7)

Director Corporate Services

Manager Finance

Coordinator Revenue

s.33(1)

Power to send notice where levy due and

unpaid

Director Corporate Services

Manager Finance

Coordinator Revenue

s.33(5)

Power to recover unpaid amount due

Director Corporate Services

Manager Finance

Coordinator Revenue

s.34

Duty to make adjustment and apply or

refund overpayment in accordance with

s.34 and give a revised assessment notice

to the owner or specified person

Director Corporate Services

Manager Finance

Coordinator Revenue

Where an objection, review or appeal

results in the alteration of a valuation or a

decision to attribute a different AVPCC

s.35(1)

Power to recover unpaid levy amount

Director Corporate Services

Manager Finance

Coordinator Revenue

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s.35(4)(b)

Power to request occupier to disclose the

amount of rent and name and address of

person to whom rent is payable

Director Corporate Services

Manager Finance

Coordinator Revenue

s.36(1)

Function of receiving application for refund

of amounts overpaid

Director Corporate Services

Manager Finance

Coordinator Revenue

s.36(4)

Duty to refund overpayment, if determined

that the payment was in excess of amount

owed

Director Corporate Services

Manager Finance

Coordinator Revenue

s.36(5)

Power to refund overpayment, if determined

that the payment was in excess of amount

owed

Director Corporate Services

Manager Finance

Coordinator Revenue

s.37(1)

Duty to separately account for levy amounts

and levy interest collected

Director Corporate Services

Manager Finance

Coordinator Revenue

s.37(3)

Power to retain any interest earned on levy

amounts and levy interest

Director Corporate Services

Manager Finance

Coordinator Revenue

s.37(5)

Duty to refund over payment

Director Corporate Services

Manager Finance

Coordinator Revenue

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s.38(1)

Power to cancel assessment of person's

liability to pay levy if satisfied that an

assessment has been made in error

Director Corporate Services

Manager Finance

Coordinator Revenue

s.38(2)

Duty to comply with requirements in s.38(2)

where Council has made an assessment in

error

Director Corporate Services

Manager Finance

Coordinator Revenue

s.39(2)

Duty to conduct another assessment of the

levy amount and, if applicable, give the

owner or specified person a revised

assessment notice, in accordance with

s.39(2)

Director Corporate Services

Manager Finance

Coordinator Revenue

s.39(3)

Duty to refund payment in excess of

amount owed and any interest accrued

Director Corporate Services

Manager Finance

Coordinator Revenue

s.40

Duty to submit a return to the

Commissioner

Director Corporate Services

Manager Finance

Coordinator Revenue

in a form approved by the Commissioner

and in accordance with any directions

issued by the Minister

s.41(1)

Duty to pay all levy amounts and levy

interest received to the Commissioner in 4

instalments

Director Corporate Services

Manager Finance

Coordinator Revenue

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s.41(4)

Power to decide to forward late payments

of levy amounts and levy interest to the

Commissioner at the same time as the next

instalment is payable

Director Corporate Services

Manager Finance

Coordinator Revenue

s.71(1)

Function of receiving application for

alteration of levy records

Director Corporate Services

Manager Finance

Coordinator Revenue

s.71(2)

Power to specify the manner and form of

applications under s.71(1)

Director Corporate Services

Manager Finance

Coordinator Revenue

s.72

Duty to comply with any Ministerial

directions issued under s.72

Director Corporate Services

Manager Finance

Coordinator Revenue

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s 4C(1)

Function of receiving a request for

information from the Minister

Where Council is a public authority

s 4C(2)

Duty to comply with a Minister ’s request

for information under s4C(1)

Where Council is a public authority

s 7(2)

Function of consulting with the Secretary

either before the action starts or, if the

action has already started, within 15 days

of the request being made

Where Council is a public authority

If the Secretary is of the opinion that an

action taken or to be taken by Council is

likely to threaten the survival of a listed

taxon or community of flora or fauna or a

critical habitat

s 20B(1)(a)

Function of receiving written notice from

the Secretary

Where Council is a landholder of any land

that is within the area of the proposed

determination

s 20B(1)(b) Function of receiving written notice from

the Secretary

Where Council is a public authority that

performs a function or exercises a power in

the area of the proposed determination

s 20B(5)

Power to request that the information set

out in s 20B(3) be withheld

Where Council is a landholder

s.25(1)

Function of being party to an agreement for

management of flora and fauna

Director City Futures

Director Infrastructure and City Services

Manager Climate Emergency and Environment

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s 29(1)(a) Function of receiving notice of the making

of a habitat conservation order from the

Minister in relation to land within the

critical habitat

Where Council is a landholder

s 29(1)(b) Function of receiving notice of the making

of a habitat conservation order from the

Minister

Where Council is a public authority that

performs a function or exercises a power

in the critical habitat

s 57(2)(h) Function of giving, to an authorised

officer, samples of any thing in respect of

which the authorised officer suspects that

there has been a contravention of the

(Vic) or an instrument referred to in s

57(1) that is found at the land, building or

vehicle

Where Council is the landholder of the

land or is apparently in charge of the

building or vehicle (as the case requires)

s 57(2)(k)

Function of receiving notice from an

authorised officer

Where Council is the landholder of the

land

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s.7D(3)

Duty to comply with a declaration made

by the Secretary under subsection (1)

Director City Futures

Manager City Regulatory Services

s.7E(6)

Duty to publish a copy of a direction

given by the Minister under subsection

(1) in the annual report

Director City Futures

Manager City Regulatory Services

s.19(4)(b) Duty to notify the Department of the

making of the order

Director City Futures

Manager City Regulatory Services

if section 19(1) applies

s.19(4)(c) Duty to notify the registration authority of

the making of the order and any appeal

and the outcome of the appeal

Director City Futures

Manager City Regulatory Services

if section 19(1) applies and if Council is

not the registration authority

s.19A(4)(b) Function of receiving notice from

authorised officer

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.19BA(3)

Duty to give notice of the variation or

revocation of the order to the general

public in the same manner as the

original notice

Director City Futures

Manager City Regulatory Services

must be done by the same person as

gave the original notice

s.19EA(3) Function of receiving a copy of any

significant revision made to the food

safety program

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

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s.19H(5)(a)

and (5)(b)

Duty to take into account (a) the food

safety performance of the food

business; and (b) any guidelines issued

by the Secretary in determining the

frequency and intervals of the

assessments and audits

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.19I

Duty to conduct a food safety

assessment as required under section

19H

Director City Futures

Manager City Regulatory Services

Subject to section 19J

Where Council is the registration authority

s.19IA(2)

Duty to give written notice to proprietor if

food safety requirements or section

19DC(2) have not been complied with

unless subsection (3) applies

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.19N

Function of receiving information from a

food safety auditor

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.19U(4)

Duty to ensure that information relating

to costs of a food safety audit are

available for inspection by the public

Director City Futures

Manager City Regulatory Services

s.19UA(4) Duty to consider proprietor’s history of

compliance in deciding whether to

charge the fee

Director City Futures

Manager City Regulatory Services

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s.19UA(5)

Duty to ensure that the method of

determining a fee under subsection

(3)(a) and the considerations that apply

under subsection (4) are available for

inspection by the public

Director City Futures

Manager City Regulatory Services

s.20(1C)

Duty to ensure authorised officers are

suitably qualified or trained

Director City Futures

Manager City Regulatory Services

s.20(2)

Power to limit or impose conditions on

the authority granted to an authorised

officer

Director People, Partnerships and Performance

Conditions to be incorporated into

Instrument of Appointment and

Authorisation.

All statutory appointments and

authorisations to be made by Council

resolution (where required) or by Chief

Executive Officer or Director People,

Partnerships and Performance on

recommendation of relevant Director or

Manager

s.26(5)

Duty to destroy or dispose of article

Director City Futures

Manager City Regulatory Services

s.32(1)

Duty to submit samples of food for

analysis

Director City Futures

Manager City Regulatory Services

s.32(3)

Function of receiving report by analyst

Director City Futures

Manager City Regulatory Services

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s.35A(2)

Function of receiving notice of operation

from the proprietor of a food premises

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.37

Function of receiving application,

information and documents required

under section 36 from the proprietor of a

food business

Director City Futures

Manager City Regulatory Services

s.38(3)

Duty to consult with the Secretary about

the proposed exemption under section

38(2)

Director City Futures

Manager City Regulatory Services

s.38AA(2) Function of being notified of operation

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.38AA(4) Duty to determine whether the food

premises are exempt from the

requirement of registration

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.38A(5) and

(6)

Function of receiving a food safety audit

certificate from a proprietor

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.38B(1)(c) Duty to inspect premises

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.38E(1)(c)

Function of assessing the requirement

for a food safety program

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.38E(3)(a) Function of receiving certificates

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

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s.38F(3)(a)

Duty to note the change to the

classification of the food premises on

the certificate of registration

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.39(2)

Duty to inspect within 12 months before

renewal of registration

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.39(3)

Duty to inspect within 3 months before

renewal of registration if circumstances

in section 39(3)(a)-(d) apply

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.39A(6)

Duty to comply with direction of

Secretary

Director City Futures

Manager City Regulatory Services

s.40(1)

Duty to issue a certificate of registration

in the prescribed form

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.40D(2)

Duty to specify how long a suspension is

to last under s.40D(1)

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.40E(4)

Duty to comply with direction of

Secretary

Director City Futures

Manager City Regulatory Services

s.43(1) and

(2)

Duty to maintain records of the

prescribed particulars and orders in

force under Part III

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.43(3)

Duty to make available information held

in records, free of charge, on request

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

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s.43I

Function of receiving a statement of

trade of a proprietor of a food business

Director City Futures

Manager City Regulatory Services

s.45AA

Power to act in proceedings against the

Crown

Director City Futures

Manager City Regulatory Services

s.45AC

Power to bring proceedings for an

offence under the Act

Director City Futures

Manager City Regulatory Services

s.53G(1)

Duty to provide information in

subsection (1) to the Secretary as soon

as practicable after a person is

convicted by a court for an offence

under this Act.

Director City Futures

Manager City Regulatory Services

Where Council is the “relevant Council”

under subsection (6)

s.53G(2)

Duty to advise the Secretary that person

has not appealed a conviction within the

time allowed

Director City Futures

Manager City Regulatory Services

Where Council is the “relevant Council”

under subsection (6)

s.53G(3)

Duty to advise the Secretary of the fact

that an appeal or application for leave is

lodged against the conviction and of

other matters in this subsection

Director City Futures

Manager City Regulatory Services

Where Council is the “relevant Council”

under subsection (6)

s.53G(4)

Duty to inform the Secretary of the

outcome of the appeal or application

Director City Futures

Manager City Regulatory Services

Where Council is the “relevant Council”

under subsection (6)

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s.58(1)

Duty to notify the Victorian Liquor

Commission where an order is made

under s.19 of the Act and a

licence/permit under the Liquor Control

Reform Act 1998 is in force

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.58(2)

Duty to notify the Victorian Liquor

Commission when a holder of a

permit/licence under the Liquor Control

Reform Act 1998 is found guilty or

pleads guilty and in respect of which no

conviction is recorded

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

s.58B(1)

Power to take action in relation to a

thing done or omitted at the food

premises

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

for the temporary or mobile food premises

s.58B(2)

Power to take into account results of

inspection, assessment, audit or other

action taken by another registration

authority in relation to temporary or

mobile food premises

Director City Futures

Manager City Regulatory Services

Where Council is the registration authority

for the temporary or mobile food premises

s.59C(2)

Power to take actions necessary to

ensure compliance with direction under

Part III or Part VII

Director City Futures

Manager City Regulatory Services

s.59C(7)(b)

Power to recover costs incurred under

subsection (2) or (3)

Director City Futures

Manager City Regulatory Services

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s.71(a)

Power to revoke or suspend the

registration of the food premises under

part IIIB or section 40D in certain

circumstances

Director City Futures

Manager City Regulatory Services

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s.17(1)

Function of receiving requests for

access

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.17(2B)

Power to waive or reduce fee

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.18

Power to transfer requests to another

agency

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.21(1)

Duty to take all reasonable steps to

enable an applicant to be notified of a

decision

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.21(2)

Power to extend the period for deciding

a request referred to in s.21(1)(a)

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.21(3)

Power to further extend a period for

deciding a request in accordance with

s.21(2)(b)

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.21(4)

Duty to notify the applicant, in writing, if

the period for deciding a request is

extended or further extended under s.21

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

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s.22

Power to calculate charges for access to

documents

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

In accordance with

and the principles

specified in section 22

s.25A

Power to refuse requests

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.26(1)

Power to make a decision on a request

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.29(2)

Duty to notify relevant government

agencies, authorities or Ministers

(including agencies or authorities in

other countries) of requests for access

to documents and seek their views, if

practicable

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

when deciding whether documents are

exempt

s.29A(1D) Duty to notify relevant government

agencies, authorities or Ministers

(including agencies or authorities in

other countries) of requests for access

to documents and seek their views, if

practicable

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

when deciding whether documents are

exempt

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s.31(5)

Duty to notify relevant Commonwealth,

or State or Territory, government

agencies, authorities or Ministers of

requests for access to documents and

seek their views, if practicable

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

when deciding whether documents are

exempt

s.31(6)

Duty to notify relevant Commonwealth,

or State or Territory, government

agencies, authorities or Ministers of

requests for access to documents and

seek their views, if practicable

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

when deciding whether it is in the public

interest to grant access to documents

referred to in s.31(2)

s.31A(2)

Duty to notify the IBAC of requests for

access to documents and seek IBAC’s

view as to whether the document should

be disclosed, if practicable

Manager Governance and Risk

when deciding whether documents are

exempt under s.31A(1)

s.33(2B)

Duty to notify a person who is the

subject of a document that a request

has been made for the document, seek

that person’s view and state that if the

person consents to the disclosure of the

document (or disclosure subject to

deletion of information relating to the

personal affairs of the person) the

person is not entitled to apply to the

Tribunal for review of a decision to grant

access to the document

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

when deciding whether to disclose

information relating to personal affairs

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s.33(3)

Duty to notify the person of the decision

to grant access to the document, and of

the person’s right to make an application

for review of the decision provided by

s.50(3), if practicable

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

Where the information relates to that

person’s personal affairs (this includes a

deceased person, in which case the

person’s next of kin is to be notified)

s.33(5)

Duty to appoint a person registered

under the Health Practitioner Regulation

National Law to be the principal officer

of the agency for the purposes of

section 33(4)

Director People, Partnerships and Performance

Manager Governance and Risk

s.33A

Power to notify either or both a child and

a parent, or guardian, of the child

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

Where the person to be notified about a

request is a child

s.34(3)

Duty to notify the undertaking of

requests for access to documents and

seek their views

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

when deciding whether the disclosure of

information would expose an undertaking

unreasonably to disadvantage

s.34(3A)

Duty to notify the undertaking, from

which the document was acquired, of

the decision to grant access to the

documents and right to make an

application for review of the decision

provided by s.50(3A)

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

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s.35(1A)

Duty to notify that a request to access

documents has been received and seek

their views

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

when deciding whether a document is an

exempt document under s.35(1)

s.35(1C)

Duty to notify the person who

communicated the information or matter,

or on whose behalf the information or

matter was communicated, of the

decision to grant access to the

documents and right to make an

application for review of the decision

provided by s.50(3AB)

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.47

Duty to publish information

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s 49D(3)

Power to request a copy of the

application from the Information

Commissioner

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.49G(3)

Function of receiving notice from the

Information Commissioner

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s. 49I

Duty to assist the Information

Commissioner to undertake a review

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

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s.49K

Function of consulting with the

Information Commissioner

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

s.49KA(2)(a) Function of processing or identifying a

reasonable sample of the documents

upon notice from the Information

Commissioner

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

if the Information Commissioner

reasonably believes that an agency or

Minister has failed to undertake an

adequate search for documents that

relate to a decision that is the subject of a

review under Division 1

s.49KA(2)(b) Function to undertake a further search,

or to cause a further search to be

undertaken, for documents in the

possession, custody or control of the

agency or Minister, upon notice from the

Information Commissioner

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

if the Information Commissioner

reasonably believes that an agency or

Minister has failed to undertake an

adequate search for documents that

relate to a decision that is the subject of a

review under Division 1

s.49KA(3)

Duty to comply with requests under

s.49KA(2) within the reasonable time

stated in the Information

Commissioner’s notice, being not less

than 10 business days

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

if the Information Commissioner

reasonably believes that an agency or

Minister has failed to undertake an

adequate search for documents that

relate to a decision that is the subject of a

review under Division 1

s.49KA(4) Power to apply for extension

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

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s.49KA(7)

Duty to notify the Information

Commissioner within 3 business days

after the end of the period referred to in

s.49KA(2) or (3) of the information

contained in s.49KA(7)(a)-(b)

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

if the Information Commissioner

reasonably believes that an agency or

Minister has failed to undertake an

adequate search for documents that

relate to a decision that is the subject of a

review under Division 1

s.49KA(8) Function to have the matter referred

from the Information Commissioner in

accordance with s.49L

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

Senior Freedom of Information and Privacy Officer

if the Information Commissioner

reasonably believes that an agency or

Minister has failed to undertake an

adequate search for documents that

relate to a decision that is the subject of a

review under Division 1

s. 49L(1A) Duty to make a fresh decision where a

matter is referred back to Council by the

Information Commissioner

Director People, Partnerships and Performance

Manager Governance and Risk

Coordinator Legal, Governance and Integrity

decision must be made within 28 days of

referral, unless other time period agreed