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12.4

Governance Report September 2024

12.4

Governance Report September 2024

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Record of Informal Meeting of Councillors [

12.4.1

- 8

pages]

2. Delegates and Representatives Report [

12.4.2

- 4 pages]

3. Draft S6 Instrument of Delegation Council to Staff -

September 2024 [

12.4.3

- 128 pages]

4. Audit and Risk Committee Annual Activity Report -

September 2024 [

12.4.4

- 7 pages]

Purpose

For Council to consider:

•

A summary of recent Governance activity.

•

Councillor Declarations of Representations by Members of Parliament.

•

Review of Council’s S6 Instrument of Delegation from Council to Members of

Council Staff.

•

Annual Audit and Risk Committee Activity Report 2023-2024.

Council Recommendation

That Council:

a. Notes the:

i. Governance Report September 2024.

ii. Records of Informal Meetings of Councillors, at Attachment 1 to

this report, for incorporation in the minutes of this meeting.

iii. Delegate’s and Representative’s Reports, at Attachment 2 to this

report, for incorporation in the minutes of this meeting.

iv. Councillor Declarations of Representations by Members of

Parliament.

b. In the exercise of the powers conferred by the legislation referred to in

the S6 Instrument of Delegation, at Attachment 3 to this report, resolves

that:

i. There be delegated to the members of Council staff holding,

acting in or performing the duties of the offices or positions

referred to in the S6 Instrument of Delegation, at Attachment 3 to

this report, the powers, duties and functions set out in that

Instrument, subject to the conditions and limitations specified in

that Instrument.

ii. Comes into force immediately upon this resolution being made

and is to be signed by the Council’s Chief Executive Officer.

iii. The duties and functions set out in the Instrument must be

performed, and the powers set out in the Instrument must be

executed, in accordance with any guidelines or policies of Council

that it may from time to time adopt.

c. Notes the Annual Audit and Risk Committee Activity Report 2023-2024,

at Attachment 4 to this report.

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Background

The monthly governance report is a standing report to Council, in accordance with best

practice and good governance principles, and to ensure compliance with the

requirements of the

Local Government Act 2020 (the Act),

Councillor Code of Conduct

2021 (Code), and Councillor Support (Major) Policy 2020.

Matters for Consideration

Exercise of Delegated Authority

Council delegates powers, duties and functions to the Chief Executive Officer in order to

support efficient operation and delivery of Council services. The Chief Executive Officer

has sub-delegated some authority to Directors (and other Council officers). Significant

decisions made, or actions undertaken exercising delegated authority, are reported to

Council as a transparency and accountability measure.

The Chief Executive Officer has been delegated authority by Council to award contracts

up to $2,000,000 (exclusive of GST) through an Instrument of Delegation made on 23

April 2024 (S5 Instrument of Delegation to the Chief Executive Officer). The Chief

Executive Officer has sub-delegated authority to Directors to award contracts up to

$200,000 (inclusive of GST) through an Instrument of Delegation made on 12 December

2023 (S7 Instrument of Sub-Delegation by the Chief Executive Officer).

Contracts entered into, and works orders approved, in accordance with S7

Instrument of Sub-Delegation

There were no contracts entered into, and works orders approved, under delegation

since reporting to the last Council Meeting.

Records of Informal Meetings of Councillors

An Informal Meeting of Councillors includes meetings that are:

•

Scheduled or planned for the purpose of discussing the business of Council or

briefing Councillors,

•

Attended by at least one member of Council staff, and

•

Not Council meetings, Delegated Committee meetings or Community Asset

Committee meetings.

Written records of Informal Meetings of Councillors are kept and include the names of all

Councillors and Council officers attending, the matters considered, any conflict of interest

disclosures made, and whether a Councillor who has disclosed a conflict of interest

leaves the meeting.

These records, as soon as practicable, will be reported at a Council Meeting, and

incorporated in the minutes of that Council Meeting.

Records of Informal Meetings of Councillors

(Attachment 1)

were received for the

following meetings:

Date

Event

14 August 2024

Brimbank Youth Advisory Committee

27 August 2024

Disability Advisory Committee

28 August 2024

Brimbank Economic and Employment Advisory Group

3 September 2024 Council Meeting Briefing

Delegate’s and Representative’s Reports

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The participation on a range of local, specific issues, committees established by Council,

peak body/sector associations, and local and regional forums, is an essential part of the

representative role Council plays. Council nominates Councillors as delegates and

representatives to these committees annually.

The role, as the Council delegate or Council representative on these committees, is to

represent the position of Council, and report back to Council at a Council Meeting on the

issues or progress of the committees, and any recommendations made by the

committees.

Delegate’s and Representative’s Reports

(Attachment 2)

were received for the

following meetings:

Date

Event

Councillor/s

14 August 2024 Brimbank Youth Advisory

Committee

Cr Nguyen

Cr O’Reilly

28 August 2024 Brimbank Economic and

Employment Advisory Group

Cr Tachos

Councillor Declarations of Representations by Members of Parliament

Councillors have a legitimate role in advocating on behalf of their communities. At times,

this may include the receiving of representations by a Member of State or Federal

Parliament, to Council or Councillors. Councillors will declare and record any

representations made to a Councillor by a Member of Parliament or their staff

representative.

Councillor Declarations of Representations by Members of Parliament were received for

the following meetings.

Date

Councillor Member of

Parliament

Matter Discussed

23 August 2024 Cr Papalia Ingrid Stitt MP Vietnamese Museum Australia

Welcome Plaza

Mental Health Support for CALD

Communities

Improving Social Cohesion

amongst CALD Communities

26 August 2024 Cr Rasic

Hon. Lizzie

Blandthorn MP

Calder Freeway

Melbourne Airport Rail

Sunshine Precinct

Sunshine Energy Park

Climate Emergency

Better Buses for Melbourne’s

West

30 August 2024 Cr Rasic

Natalie Suleyman

Sunshine Precinct / Albion

Station

Sunshine Energy Park

Tree Planting

Addressing Unemployment

Youth Crime Prevention

Calder Freeway

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Review of Council’s S6 Instrument of Delegation from Council to Members of

Council Staff

Instruments of Delegation (Delegations) allow a Council to give its powers to members

of staff, who then act and make decisions on behalf of the Council.

Council’s Delegations are generally updated twice a year. The current review

incorporates legislative updates reported to Council by Maddocks Lawyers.

Additionally, the current review reflects changes to officer titles following recent

operational realignments.

The S6 Instrument of Delegation from Council to Members of Council Staff (

Attachment

) has been updated in consultation with Council’s Executive Leadership Team and is

presented to Council for endorsement.

Reviewed Delegations are uploaded to Council’s website, as per Council's resolution at

the Ordinary Council Meeting on 21 April 2020.

Annual Audit and Risk Committee Activity Report 2023-2024

The Annual Audit and Risk Committee (ARC) Activity Report was presented during the

3 September 2024 ARC meeting. The final report is presented to Council for noting

(

Attachment 4

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2024/2025.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• This report fulfils legislative governance obligations, to provide transparent and

accountable reporting of governance activity.

There are no Community, Safety, Environmental or Financial risks identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strives to enhance services and

liveability for the Brimbank community.

This report complies with the

Local Government Act 2020, Local Government

(Governance and Integrity) Regulations 2020

, Council Plan 2021-2025, S5 Instrument of

Delegation to the Chief Executive Officer, S7 Instrument of Sub-Delegation by the Chief

Executive Officer, Councillor Code of Conduct 2024 and Procurement Policy.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Errington Reserve

Outdoor Pool at BAWC

Page 1 of 2

Record of Informal Meeting

of Councillors

Meeting details

Title:

Brimbank Youth Council 2024 Official Meeting Term 3

Date:

14 August 2024

Time:

5:30PM to 7:00PM

Location:

Council Chambers

Councillors in

attendance:

☐

Cr Victoria Borg

☐

Cr Sarah Branton

☐

Cr Thuy Dang

☐

Cr Sam David JP

☐

Cr Maria Kerr

☐

Cr Bruce Lancashire,

☒

Cr Jasmine Nguyen

☒

Cr Thomas O'Reilly

☐

Cr Jae Papalia

☐

Cr Ranka Rasic, Mayor

☐

Cr Virginia Tachos

Council Officers in

attendance:

Ayaan Qani - Youth Development Officer, Youth Services

Nicole Andrew - Youth Development and Wellbeing Officer, Youth Services

Damir Lendich - Coordinator, Youth Services

Other attendees:

Brimbank Youth Council members x 9

Leading Senior Constable, Victoria Police Fethullah

Sergent, Victoria Police

Name of Council

Officer completing

Record of Informal

Meeting:

Ayaan Qani - Youth Development Officer

Issues considered

(if no conflicts of interest were disclosed, enter “nil” in name column. Add and delete rows as required)

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Attachment 12.4.1

Page 2 of 2

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Welcome, Acknowledgement of Country

Nil

2. Council Update

Nil

3. Brimbank Youth Council Update

Nil

4. Break

Nil

5. BYC Non-Project Update

Nil

6. Victoria Police Presentation

7. Open floor for BYC to raise issues to present

Nil

8. Correspondence and Requests for BYC

Nil

9. Upcoming dates and meetings for BYC

Nil

10. Questions, Close and Thank you

Nil

Forward completed

Record of Informal Meeting of Councillors

to Governance within 48 hours of the

meeting for Reporting to

Council.

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Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Brimbank Disability Advisory Committee (DAC)

Date:

27 August 2024

Time:

10.00am-12.00pm

Location:

Brimbank Community & Civic Centre, Level 6, 301 Hampshire Road, Sunshine

And Zoom

Councillors in

attendance:

☐

Cr Ranka Rasic, Mayor

☐

Cr Jae Papalia, Deputy Mayor

☒

Cr Victoria Borg

☐

Cr Sarah Branton

☐

Cr Thuy Dang

☐

Cr Sam David JP

☐

Cr Maria Kerr

☐

Bruce Lancashire

☐

Cr Jasmine Nguyen

☐

Cr Thomas O'Reilly

☐

Cr Virginia Tachos

Council Officers in

attendance:

Raewyn Afu - Strengthening Communities Coordinator

Simone Shirkey - Senior Diversity, Equity, Access and Inclusion Officer

Other attendees:

Community members x4

Name of Council

Officer completing

Record of Informal

Meeting:

Simone Shirkey - Senior Diversity, Equity, Access and Inclusion Officer

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

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Attachment 12.4.1

Page 2 of 2

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Previous minutes

Nil

2. DAC and Disability Action Plan Reflections

Nil

3. Disability Action Plan (DAP) update

Nil

4. Draft Accessible and Inclusive Events Guide

update

Nil

5. Brimbank Disability Network Group update

Nil

6. Other business

- International Day of People with Disabilities

- Community Listening Post

Nil

Forward

completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

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Attachment 12.4.1

Page 1 of 2

Record of Informal Meeting

of Councillors

Meeting details

Title:

Brimbank Economic & Employment Advisory Group

Date:

28 August 2024

Time:

3:30pm to 5:43 pm

Location:

Brimbank Community & Civic Centre - 301 Hampshire Road, Sunshine

Councillors in

attendance:

☐

Cr Victoria Borg

☐

Cr Sarah Branton

☐

Cr Thuy Dang

☐

Cr Sam David JP

☐

Cr Maria Kerr

☐

Bruce Lancashire

☐

Cr Jasmine Nguyen

☐

Cr Thomas O'Reilly

☐

Cr Jae Papalia, Deputy Mayor

☐

Cr Ranka Rasic, Mayor

☒

Cr Virginia Tachos

Council Officers in

attendance:

Peter Forbes: Coordinator Economic Development

Leanne Deans: Manager City Strategy

Jenny Mitten: Senior Economic Development Officer - Tourism

Zoe Ennis: Sunshine

Town Centre Place Manager

Christine Thomas: Business Support Officer, City Strategy

Other attendees:

Business Members x 9, Vietnamese Museum Australia Representative x 1

Name of Council

Officer completing

Record of Informal

Meeting:

Peter Forbes: Coordinator Economic Development

Issues considered

(if no conflicts of interest were disclosed, enter “nil” in name column. Add and delete rows as required)

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Attachment 12.4.1

Page 2 of 2

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Vietnamese Museum Australia Presentation

None

2. Visitor Economy Research Presentation

None

3. Visitor Economy Discussion and Feedback

Session

None

4. Future Meetings Update

None

Forward completed

Record of Informal Meeting of Councillors

to Governance within 48 hours of the

meeting for Reporting to

Council.

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Attachment 12.4.1

Page 1 of 2

Record of Informal Meeting

of Councillors

Meeting details

Title:

Council Meeting Briefing

Date:

3 September 2024

Time:

6.00pm to 7:30pm

Location:

Zoom

Councillors in

attendance:

☒

Cr Victoria Borg

☒

Cr Sarah Branton

☒

Cr Thuy Dang

☒

Cr Sam David JP

☐

Cr Maria Kerr

☐

Cr Bruce Lancashire

☒

Cr Jasmine Nguyen

☒

Cr Thomas O'Reilly

☒

Cr Jae Papalia, Deputy Mayor

☒

Cr Ranka Rasic, Mayor

☒

Cr Virginia Tachos

Council Officers in

attendance:

Fiona Blair, Chief Executive Officer

Ashley Fleming, Acting Director Community Wellbeing

Georgie

Hill, Director People Partnerships and Performance

Chris Leivers, Director Infrastructure and City Services

Mark Stoermer, Director Corporate

Services

Leanne Deans, Acting Director City Futures

Danny Bilaver,

Manager Governance and Risk

Other attendees:

Municipal Monitors; Penny Holloway, Janet Dore

Name of Council

Officer completing

Record of Informal

Meeting:

Georgie Hill, Director People Partnerships and Performance

Issues considered

(if no conflicts of interest were disclosed, enter “nil” in name column. Add and delete rows as required)

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Attachment 12.4.1

Page 2 of 2

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Climate Emergency Report Card

Nil

2. Financial Statements 2023-2024 and

Performance Statement 2023-2024

Nil

3. Governance Report September 2024

Nil

4. Quarterly Advocacy Report September 2024

Nil

5. Annual Report Cards Sports Facility

Development Plan and Community Services

Infrastructure Plan

Nil

6. Annual Community Report Cards for Community

Learning and Participation

Nil

7. Annual Report Cards Community Strengthening

and Social Planning Combined Community

Reconciliation Action Plan 2019 – 2022

Nil

8. Confidential Report – Personnel Matter

Nil

9. Councillor Action Plan

Nil

Forward completed

Record of Informal Meeting of Councillors

to Governance within 48 hours of the

meeting for Reporting to

Council.

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Attachment 12.4.1

Page 1 of 3

Council Representative's

Report

Report details

Representative/s:

Cr Nguyen

Committee/Event:

Brimbank Youth Council 2024 Official Meeting Term 3

Meeting date:

14 August 2024

Report author:

Ayaan Qani

Report

The Brimbank Youth Council (Committee) met in person at BCCC on 14 August 2024.

Council Update

Council plan 2021-2025 will be revised by the new Councillors in 2025.

Youth Job Strategy is moving into the Brimbank Learning Futures.

New budget can not be passed until after Caretaker and new Councillors are in office.

Council term ends in October - encouragement for young people to campaign.

Brimbank Youth Council Update

Member

spoke about the two safety workshops the BYC attended. They learned about ways

they can keep safe by having situational awareness and use of verbal and non-verbal

communication.

Member

from the social media group shared their social media campaign will bring awareness

safety resources in lead up to their event in October. This will include sharing what they learned

from the safety workshops and amplifying existing resources.

Member

from the event committee shared that event purpose is to support and promote

pro-social behaviour through building connections. Event will be on Friday 4 October.

Members

provided update on Neighbourhood House Strategy. Consultation looked at

statistics of who uses these community centres and explored how centres can better engage

with the community, especially with young people.

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Attachment 12.4.2

Page 2 of 3

Member

shared that she

and other members

attended the State Government Treaty

Information Session with Minister for Treaty and First Peoples. Session addressed the gaps in

health, employment, high incarceration rates in Aboriginal and Torres Strait communities how

said gaps were intentional. Importance to work towards repair, reconciliation, and treaty.

Work towards a Treaty has been occurring over last 5-8 years. First nations group in parliament

involved in treat.

Victoria Police Presentation

Edge-weapons been a big issue in Brimbank. Education

required regarding the risks related to

carrying weapons.

VicPol and Crimestoppers deliver Cut the Violence campaign to reduce knife and edge-weapon

crimes through education/awareness.

On 19 October 10am-3pm VicPol are running community event in Watergardens as it's priority

location for police. Ambulance, emergency services will also be attending. Last year's event had

5000 people last year, was mostly young families/little kids. Interest for young people to be

part of the event. Request for BYC

to participate.

VicPol delivering Halloween event with primary students at STACC - in need of volunteers.

Requests for BYC to participate.

Discussion of recent police activities in Sunshine in response to groups participating in anti

social behaviour such as drinking in public. Changes to laws related to intoxication in public so

increase

in police presence to maintain safety.

Sharing

of STOP IT initiative - text report of unwanted sexual behaviour on transit. This is to

support victims to

report in an anonymous and discreet way.

Open floor for BYC to raise issues to present.

BYC asked VicPol representatives about their proposed events in October, specifically how it will

be promoted. M

ember

advised promoting via schools.

BYC asked Councillors regarding priority of community safety, specifically youth violence for

Brimbank. Response is that it is an area of priority for Council and is working with stakeholders

respond to this issue.

Correspondence and Requests for

BYC

Brimbank Youth Council have been invited to the Welcome Plaza

consultation, which will be held

on Monday 2 September.

Updates

BYC to proceed with weekly meetings to plan social media campaign and event.

Recommendations

There were no matters to be considered by Council.

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Attachment 12.4.2

Page 3 of 3

Next meeting:

This is the last formal meeting for BYC. The October meeting has been

cancelled as it is during Caretaker period.

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Attachment 12.4.2

Page 1 of 1

Council Representative's

Report

Report details

Representative/s:

Councillor Virginia Tachos

Committee/Event:

Brimbank Economic and Employment Advisory Group

Meeting date:

28 August 2024

Report author:

Peter Forbes, Coordinator Economic Development

Report

The Advisory Group were provided a presentation about the Vietnamese Museum Australia

(VMA) project proposed for Sunshine by VMA board member

Senior Economic Development officer (Tourism), Jenny Mitten, – presented some research

findings which will inform a future Visitor Economy Strategy for Brimbank. The Advisory Group

discussed

the research findings and provided feedback.

The next meeting of the Advisory Group will be confirmed after the Council election

and the

announcement of representative Councillors to

advisory and other groups.

Recommendations

There were no matters to be considered by Council.

Next meeting:

TBC.

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Attachment 12.4.2

S6 Instrument of Delegation to

Members of Council Staff

NOTE: This Instrument should be read in conjunction

with the primary legislation.

September 2024

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

Instrument of Delegation

In exercise of the powers conferred by the legislation referred to in the attached Schedule, the

Council:

delegates each Duty and/or Function and/or Power 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 opposite each such Duty and/or

Function and/or Power in column 3 of the Schedule;

declares that:

2.1 this Instrument of Delegation is authorised by a resolution of Council passed on 10

September 2024, and

2.2 the delegation:

2.2.1 comes into force immediately upon this resolution being made and is to

be signed by the Council’s Chief Executive Officer;

2.2.2 remains in force until varied or revoked;

2.2.3 is subject to any conditions and limitations set out in sub- paragraph 2.3,

and the Schedule; and

2.2.4 must be exercised in accordance with any guidelines or policies which

Council from time to time adopts; and

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

2.3.1 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

2.3.2 if the determining of the issue, taking of the action or doing of the act or

thing would or would be likely to involve a decision which is inconsistent

with a

(a)

major policy, as designated under the Governance (Major Policy

Consultation) Local Law No.3; or

(b)

policy; or

(c)

strategy

adopted by Council; or

2.3.3 if the determining of the issue, the taking of the action or the doing of the

act or thing cannot be the subject of a lawful delegation; or

2.3.4 if the determining of the issue, the taking of the action or the doing of the

act or thing is already the subject of an exclusive delegation to another

member of Council staff or delegated committee.

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

the Instruments of Delegation dated 12 December 2023 is revoked.

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

Signed

by the Chief Executive Officer of Council

in the presence of:

………………………………………..

Witness

Date: ……………………………….

) )

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

SCHEDULE

INDEX

DOMESTIC ANIMALS ACT 1994 ...................................................................................5

FOOD ACT 1984 .............................................................................................................6

HERITAGE ACT 2017...................................................................................................16

LOCAL GOVERNMENT ACT 1989 ..............................................................................17

PLANNING AND ENVIRONMENT ACT 1987 ..............................................................18

RESIDENTIAL TENANCIES ACT 1997........................................................................82

ROAD MANAGEMENT ACT 2004................................................................................84

PLANNING AND ENVIRONMENT REGULATIONS 2015..........................................100

RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS

REGISTRATION AND STANDARDS) REGULATIONS 2010....................................104

ROAD MANAGEMENT (GENERAL) REGULATIONS 2016......................................110

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

DOMESTIC ANIMALS ACT 1994

Column 1

Column 2

Column 3

Column 4

PROVISION

POWER/FUNCTION DELEGATED

DELEGATE

COMMENTS

s.41A(1)

Power to declare a dog to be a menacing dog

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Council may delegate this Power to a

Council authorised officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.19(2)(a) Power to direct by written order that the food

premises be put into a clean sanitary condition.

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

if s 19(1) applies

(ie. If premises found to be unclean or

unsanitary, or if food unsafe or

unsuitable)

s.19(2)(b) Power to direct by written order that specified

steps be taken to ensure that food prepared, sold

or handled is safe and suitable.

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

if s 19(1) applies

(ie. If premises found to be unclean or

unsanitary, or if food unsafe or

unsuitable)

s.19(3)

Power to direct by written order that the food

premises not be kept or used for the sale, or

handling for sale, of any food, or for the preparation

of any food, or for any other specified purpose, or for

the use of any specified equipment or a specified

process

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

If s 19(1) applies

Only in relation to temporary food

premises or mobile food premises

s.19(4)(a)

Power to direct that an order made under section

19(3)(a) or (b), (i) be affixed to a conspicuous part of

the premises, (ia) displayed at any point of sale,

(ib) be published on the food business’s Internet

siteand (ii) inform the public by notice in a published

newspaper, on the Internet site or otherwise.

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

if s 19(1) applies

s.19(6)(a)

Duty to revoke any order under s.19 if satisfied that

an order has been complied with.

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

if s 19(1) applies

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.19(6)(b) Duty to give written notice of revocation under

section 19(6)(a) if satisfied that an order has been

complied with

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

If section 19(1) applies

s.19AA(2)

Power to direct, by written order, that a person must

take any of the actions described in (a)- (c).

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration

authority

s.19AA(4)(c)

Power to direct, in an order made under s.19AA(2)

or a subsequent written order, that a person must

ensure that any food or class of food is not removed

from the premises

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Note: the Power to direct the matters ,

under s.19AA(4)(a) and (b) are not

capable of delegation and so such

directions must be made by Council

resolution

Only in relation to temporary food

premises or mobile food premises

s.19AA(7) Duty to revoke order issued under s.19AA and give

written notice of revocation, if satisfied that that

order has been complied with

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.19CB(4)(b) Power to request copy of records

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Brimbank Council Meeting No. 637 - 10 September 2024

23 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.19E(1)(d) Power to request a copy of the food safety

program

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s. 19EA(3)

Function of receiving copy of revised food safety

program

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s 19FA(1) Power to direct a proprietor of a food premises to

revise the food safety program for the premises or

comply with any requirements specified in the food

safety program

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Only in relation to temporary food premises

or mobile food premises

Subject to s 19FA(2), which requires a time

limit for compliance to be specified

s 19FA(3)(a) Power to refuse to approve an application for

registration or renewal of the premises, where a

proprietor of a food premises fails to comply with a

direction given under s 19FA(1)

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Only in relation to temporary food premises

or mobile food premises

Refusal to grant or renew the registration of

a food premises must be ratified by Council

or the CEO (see s 58A(2))

s 19FA(3)(b) Power to revoke a registration granted in respect of

premises, where a proprietor of a food premises fails

to comply with a direction given under s 19FA(1)

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Only in relation to temporary food premises

or mobile food premises

Brimbank Council Meeting No. 637 - 10 September 2024

24 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s 19FA(3)(c) Power to suspend the registration of the premises,

where a proprietor of a food premises fails to comply

with a direction given under s 19FA(1)

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Only in relation to temporary food premises

or mobile food premises

s.19GB

Power to request proprietor to provide written details

of the name, qualification or experience of the

current food safety supervisor

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s. 19IA(1) Power to form opinion that the food safety

requirements or program are non-compliant.

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s. 19IA(2) Duty to give written notice to the proprietor of the

premises

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Note: Not required if Council has taken

other appropriate action in relation to

deficiencies (see s 19IA(3))

s.19M(4)(a)

& (5)

Power to conduct a food safety audit and take

actions Where deficiencies are identified

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s 19N(2)

Function of receiving notice from the auditor

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Brimbank Council Meeting No. 637 - 10 September 2024

25 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.19NA(1) Power to request food safety audit reports

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.19U(3)

Power to waive and vary the costs of a food safety

audit if there are special circumstances

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

s.19UA

Power to charge fees for conducting a food

safety assessment or inspection

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Subject to approved Schedule of Fees and

Charges set through the budget process

Except for an assessment required by a

declaration under s 19C or an inspection

under ss 38B(1)(c) or 39.

s.19W

Power to direct a proprietor of a food premises

to comply with any requirement under Part IIIB

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.19W(3)(a) Power to direct a proprietor of a food premises to

have staff at the premises undertake training or

instruction

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.19W(3)(b) Power to direct a proprietor of a food premises to

have details of any staff training incorporated into

the minimum records required to be kept of food

safety program of the premises

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Brimbank Council Meeting No. 637 - 10 September 2024

26 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

---

Power to register or renew the registration of a food

premises

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Refusal to grant or renew the

registration of a food premises must be

ratified by Council or CEO (see section

58A(2))

s. 36A

Power to accept an application for registration or

notification using online portal

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s 36B

Duty to pay the charge for use of online portal

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.38AA(5) Power to (a) request further information; or (b)

advise the proprietor that the premises must be

registered if the premises are not exempt

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.38AB(4)

Power to fix a fee for the receipt of a notification

under section 38AA in accordance with a

declaration under s (1)

Not delegated

Where Council is the registration authority

s.38A(4)

Power to request a copy of a completed food

safety template

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Brimbank Council Meeting No. 637 - 10 September 2024

27 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.38B(1)(a)

Duty to assess the application and determine which

class of food premises under section 19C the food

premises belongs

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.38B(1)(b)

Duty to ensure proprietor has complied with

requirements of section 38A

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.38B(2)

Duty to be satisfied of the matters in section

38B(2)(a)-(b)

a – food safety programs

b – requirements of the Food Act

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.38D(1)

Duty to ensure compliance with the applicable

provisions of section 38C and inspect the premises if

required by section 39

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.38D(2)

Duty to be satisfied of the matters in section

38D(2)(a)-(d)

a – food safety program template correct

b – correct fee paid

c – all requirements of Act complied with d –

no other grounds for refusal

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Brimbank Council Meeting No. 637 - 10 September 2024

28 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.38D(3)

Power to request copies of any audit reports

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.38E(2)

Power to register the food premises on a

conditional basis

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Not exceeding the prescribed time

limit defined under s. 38E(5)

s.38E(4)

Duty to register the food premises when conditions

are satisfied

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.38F(3)(b)

Power to require proprietor to comply with

requirements of this Act

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s 38G(1)

Power to require notification of change of the food

safety program type used for the food premises

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Brimbank Council Meeting No. 637 - 10 September 2024

29 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s 38G(2)

Function of receiving notice from proprietor if there is

a change of the food safety program type used for

the food premises

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s 38G(4)

Power to require the proprietor of the food premises

to comply with any requirement of the Act

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s 39(2)

Duty to carry out an inspection of the premises

during the period of registration before the

registration of the food premises is renewed

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.39A

Power to register, renew or transfer food premises

despite minor defects

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Only if satisfied of matters in s.

39A(2)(a)-(c)

s 39A(6)

Duty to comply with a direction of the Secretary

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

s 40(1)

Duty to give the person in whose name the premises

is to be registered a certificate of registration

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Brimbank Council Meeting No. 637 - 10 September 2024

30 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.40(2)

Power to incorporate the certificate of registration

in one document with any certificate of registration

under Part 6 of the

Public Health and Wellbeing Act

2008

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

s.40C(2)

Power to grant or renew the registration of food

premises for a period of less than 1 year

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s.40D(1)

Power to suspend or revoke the registration of food

premises

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s. 40E

Duty to comply with direction of the Secretary

Director City Futures

Manager City Regulatory Services

s. 40F

Power to cancel registration of food premises

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

s 43

Duty to maintain records of registration

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Brimbank Council Meeting No. 637 - 10 September 2024

31 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

FOOD ACT 1984

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.43F(6)

Duty to be satisfied that registration requirements

under Division 3 have been met prior to registering,

or renewing registration of a component of a food

business

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration

authority

s.43F(7)

Power to register the components of the food

business that meet requirements in Division 3 and

Power to refuse to register the components that do

not meet the requirements

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Where Council is the registration authority

Refusal to grant or renew the registration of

a food premises must be ratified by Council

or the CEO (see s 58A(2))

s 45AC

Power to bring proceedings

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Prosecutions Officer

s.46(5)

Power to institute proceedings against another

person where the offence was due to an act or

default by that other person and Where the first

person charged could successfully defend a

prosecution, without proceedings first being

instituted against the person first charged

Director City Futures

Manager City Regulatory Services

Team Leader Environmental Health

Environmental Health Officer

Prosecutions Officer

Where Council is the registration authority

Brimbank Council Meeting No. 637 - 10 September 2024

32 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

HERITAGE ACT 2017

Column 1

Column

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.116

Power to sub-delegate Executive Director’s

Functions, duties or Powers

Director City Futures

1. Subject to the condition that the

Executive Director employed

under Part 3 of the

Public

Administration Act 2004

for the

purposes of the

Heritage Act

2017

has:

a) delegated to Brimbank City

Council under section 116(1)

of the

Heritage Act 2017

for

the area in which a

registered place or

registered object is situated

any of the Executive

Director’s Functions, duties

or Powers under this Part in

relation to that place or

object;

b) obtained the consent of the

Minister to the delegation

under section 116(1) of the

Heritage Act 2017

;

c) authorised Brimbank City

Council to sub-delegate

certain Functions, duties or

Powers to an officer of

Brimbank City Council;

d) provided consent to

Brimbank City Council sub

delegating certain Functions,

duties or Powers to the

officer of Brimbank City

Council.

Brimbank Council Meeting No. 637 - 10 September 2024

33 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

LOCAL GOVERNMENT ACT 1989

Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s. 185L(4) Power to declare and levy a cladding rectification charge

Chief Executive

Officer

Brimbank Council Meeting No. 637 - 10 September 2024

34 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.4B

Power to prepare an amendment to the

Victorian Planning Provisions

Not delegated

if authorised by the Minister,

subject to the restrictions

and Powers relating to the

preparation of amendments

in section 10.

S.4G

Function of receiving prescribed documents

and a copy of the Victorian Planning

Provisions from the Minister

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

s.4H

Duty to make amendment to Victorian

Planning Provisions available in

accordance with public availability

requirements

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

s.4I(2)

Duty to make a copy of the Victorian Planning

Provisions and other documents available in

accordance with public availability

requirements

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

s.8A(2)

Power to prepare amendment to the

planning scheme Where the Minister has

given consent under s.8A

Not delegated

Brimbank Council Meeting No. 637 - 10 September 2024

35 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.8A(3)

Power to apply to Minister to prepare an

amendment to the planning scheme

Not delegated

Subject to any policy, protocol or

eligibility criteria set by Council

s.8A(5)

Function of receiving notice of the

Minister’s decision

Director City Futures

Manager City Development Services

Manager City Strategy

s.8A(7)

Power to prepare the amendment specified

in the application without the Minister’s

authorisation if no response received after

10 business days

Director City Futures

Manager City Strategy

s.8B(2)

Power to apply to the Minister for

authorisation to prepare an amendment to

the planning scheme of an adjoining

municipal district

Director City Futures

Manager City Strategy

s.12(3)

Power to carry out studies and do things to

ensure proper use of land and consult with

other persons to ensure co- ordination of

planning scheme with these persons

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

s.12B(1)

Duty to review planning scheme

Director City Futures

Subject to report to Council

s.12B(2)

Duty to review planning scheme at direction

of Minister

Director City Futures

Subject to report to Council

s.12B(5)

Duty to report findings of review of planning

scheme to Minister without delay

Director City Futures

Subject to any policy, protocol or

eligibility criteria set by Council

Brimbank Council Meeting No. 637 - 10 September 2024

36 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.14

Duties of a Responsible Authority as set out in

subsections (a) to (d)

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Senior Development Planner

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Development Planner A

Development Planner B

Strategic Planner

Subdivision Officer

Planning Assistant

Manager City Regulatory Services

Municipal Building Surveyor

Coordinator Planning Compliance

Team Leader Development and Compliance

Senior Development Compliance Officer

Development Compliance Officer

E-Planning Implementation Officer

Brimbank Council Meeting No. 637 - 10 September 2024

37 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.17(1)

Duty of giving copy of amendment to the

planning scheme

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Subject to any policy, protocol or

eligibility criteria set by Council

s.17(2)

Duty of giving copy of s.173 agreement

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

Senior Development Planner

Senior Strategic Planner

Strategic Sites Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

Subject to any policy, protocol or

eligibility criteria set by Council

s.17(3)

Duty of giving copy of amendment,

explanatory report and relevant documents

to the Minister within 10 business days

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Brimbank Council Meeting No. 637 - 10 September 2024

38 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.18

Duty to make amendment etc. available in

accordance with public availability

requirements

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Until the proposed amendment is

approved or lapsed

s.19

Power to give notice, to decide not to give

notice, to publish notice of amendment to a

planning scheme and to exercise any other

Power under section 19 to a planning

scheme

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Subject to any policy, protocol or

eligibility criteria set by Council

Where Council is not the planning

authority and the amendment affects

land within Council’s municipal

district; or

Where the amendment will amend the

planning scheme to designate Council

as an acquiring authority.

s.19

Function of receiving notice of preparation of

an amendment to a planning scheme

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Where Council is not the planning

authority and the amendment affects

land within Council’s municipal district;

Where the amendment will amend the

planning scheme to designate

Council as an acquiring authority.

s.20(1)

Power to apply to Minister for exemption

from the requirements of section 19

Director City Futures

Subject to any policy, protocol or

eligibility criteria set by Council

Where Council is a planning authority

Brimbank Council Meeting No. 637 - 10 September 2024

39 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.21 (2)

Duty to make submissions available in

accordance with public availability

requirements

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Until the end of 2 months after the

amendment comes into operation or

lapses

s.21A(4)

Duty to publish notice in accordance with

section

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

s.22(1)

Duty to consider all submissions received

before the date specified in the notice

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Subject to report to Council

except submissions which request a

change to the items in s.22(5)(a) and

(b)

Brimbank Council Meeting No. 637 - 10 September 2024

40 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.22(2)

Power to consider a late submission

Duty to consider a late submission, if directed

by the Minister

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

s.23(1)(b)

Duty to refer submissions which request a

change to the amendment to a panel

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Subject to report to Council

s.23(2)

Power to refer to a panel submissions which

do not require a change to the amendment

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Subject to report to Council

s.24

Function to represent Council and present a

submission at a panel hearing (including a

hearing referred to in section 96D)

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

s.26(1)

Power to make report available for

inspection in accordance with public

availability requirements set out in s 197B

of the Act

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Brimbank Council Meeting No. 637 - 10 September 2024

41 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.26(2)

s.26(3)(b)

Duty to keep report of panel available for

inspection for 2 months in accordance with

public availability requirements

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

During the inspection period

s.27(2)

Power to apply for exemption if panel’s

report not received

Director City Futures

s.28(1)

Duty to notify the Minister if abandoning an

amendment

Director City Futures

Manager City Strategy

Note: the Power to make a decision

to abandon an amendment cannot be

delegated

s. 28(2)

Duty to publish notice of the decision on

Internet site

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

s. 28(4)

Duty to make notice of the decision available

on Council’s Internet site for a period of at

least 2 months

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

s. 29

Power, after complying with Divisions 1 and

2 (public notice and submissions process) in

respect of an amendment or any part of it, to

adopt the amendment or that part with or

without changes

Not delegated

Decision to adopt amendment to be

made by Council resolution

Brimbank Council Meeting No. 637 - 10 September 2024

42 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.30(4)(a) Duty to say if amendment has lapsed

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

s.30(4)(b) Duty to provide information in writing upon

request

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

s.32(2)

Duty to give more notice if required

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

s.33(1)

Duty to give more notice of changes to an

amendment

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

s.36(2)

Duty to give notice of approval of

amendment

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Brimbank Council Meeting No. 637 - 10 September 2024

43 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.38(5)

Duty to give notice of revocation of an

amendment

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

s.39

Function of being a party to a proceeding

commenced under section 39 and Duty to

comply with determination by VCAT

Director City Futures

Manager City Strategy

s.40(1)

Function of lodging copy of approved

amendment

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

s.41(1)

Duty to make a copy of an approved

amendment available in accordance with the

public availability requirements during

inspection period

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Brimbank Council Meeting No. 637 - 10 September 2024

44 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s. 41(2)

Duty to make a copy of an approved

amendment and any documents lodged with it

available in person in accordance with the

requirements set out in s 197B of the Act after

the inspection period ends

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Planner

s.42(2)

Duty to make copy of planning scheme

available in accordance with the public

availability requirements

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

s.46AW

Function of being consulted by the Minister

Chief Executive Officer

Director City Futures

Where Council is a responsible public

entity

s.46AX

Function of receiving a draft Statement of

Planning Policy and written direction in relation

to the endorsement of the draft Statement of

Planning Policy

Power to endorse the draft Statement of

Planning Policy

Chief Executive Officer

Director City Futures

Where Council is a responsible public

entity

Brimbank Council Meeting No. 637 - 10 September 2024

45 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s. 46AZC(2) Duty not to prepare an amendment to a

declared area planning scheme that is

inconsistent with a Statement of Planning

Policy for the declared area that is

expressed to be binding on the responsible

public entity

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Where Council is a responsible public

entity

s. 46AZK

Duty not to act inconsistently with any

provision of the Statement of Planning

Policy that is expressed to be binding on the

public entity when performing a Function or

Duty or exercising a Power in relation to the

declared area

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

Senior Development Planner

Senior Strategic Planner

Strategic Sites Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

Where Council is a responsible public

entity

s.46GI(2)(b)(i)

Power to agree to a lower rate of standard

levy for a class of development of a

particular type of land than the rate specified

in a Minister’s direction

Director City Futures

Where Council is the planning

authority, the municipal

Council of the municipal

district in which the land is

located and/or the

development agency

Brimbank Council Meeting No. 637 - 10 September 2024

46 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.46GJ(1)

Function of receiving written directions from

the Minister in relation to the preparation and

content of infrastructure contributions plans

Chief Executive Officer

Director City Futures

s.46GK

Duty to comply with a Minister’s direction that

applies to Council as the planning authority

Chief Executive Officer

Director City Futures

s. 46GN(1) Duty to arrange for estimates of values of

inner public purpose land

Chief Executive Officer

Director City Futures

s.46GO(1) Duty to give notice to owners of certain inner

public purpose land

Chief Executive Officer

Director City Futures

s.46GP

Function of receiving a notice under s.46GO Chief Executive Officer

Director City Futures

Where Council is the collecting agency

s.46GQ

Function of receiving a submission from an

affected owner who objects to the estimated

value per hectare (or other appropriate unit of

measurement) of the inner public purpose

land

Chief Executive Officer

Director City Futures

s.46GR(1) Duty to consider every submission that is

made by the closing date for submissions

included in the notice under s.46GO

Chief Executive Officer

Director City Futures

s.46GR(2) Power to consider a late submission

Duty to consider a late submission if directed

to do so by the Minister

Chief Executive Officer

Director City Futures

s.46GS(1)

Power to accept or reject the estimate of the

value of the inner public purpose land in a

submission made under s.46GQ

Chief Executive Officer

Director City Futures

Brimbank Council Meeting No. 637 - 10 September 2024

47 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.46GS(2)

Duty, if Council rejects the estimate of the

value of the inner public purpose land in the

submission, to refer the matter to the valuer

general, and notify the affected owner of the

rejection and that the matter has been

referred to the valuer- general

Chief Executive Officer

Director City Futures

s.46GT(2) Duty to pay half of the fee fixed by the

valuer-general for arranging and attending

the conference

Chief Executive Officer

Director City Futures

s.46GT(4) Function of receiving, from the valuer

general, written confirmation of the

agreement between the planning authority’s

valuer and the affected owner’s valuer as to

the estimated value of the inner public

purpose land

Chief Executive Officer

Director City Futures

s.46GT(6) Function of receiving, from the valuer

general, written notice of a determination

under s.46GT(5)

Chief Executive Officer

Director City Futures

s.46GU

Duty not to adopt an amendment under s.29

to an infrastructure contributions plan that

specifies a land credit amount or a land

equalisation amount that relates to a parcel

of land in the ICP plan area of the plan

unless the criteria in s.46GU(1)(a) and (b)

are met

Chief Executive Officer

Director City Futures

Brimbank Council Meeting No. 637 - 10 September 2024

48 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.46GV(3) Function of receiving the monetary

component and any land equalisation

amount of the infrastructure contribution

Power to specify the manner in which the

payment is to be made

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

s.46GV(3)(b) Power to enter into an agreement with the

applicant

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

s.46GV(4)(a) Function of receiving the inner public

purpose land in accordance with s.46GV(5)

and (6)

Chief Executive Officer

Director City Futures

Where Council is the development

agency

s.46GV(4)(b)

Function of receiving the inner public

purpose land in accordance with s.46GV(5)

and (6)

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

s.46GV(7)

Duty to impose the requirements set out in

s.46GV(3) and (4) as conditions on the

permit applied for by the applicant to

develop the land in the ICP plan area

Chief Executive Officer

Director City Futures

s.46GV(9)

Power to require the payment of a monetary

component or the provision of the land

component of an infrastructure contribution

to be secured to Council’s satisfaction

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

46GX(1)

Power to accept, works, services or facilities

in part or full satisfaction of the monetary

component of an infrastructure contribution

payable

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Where Council is the collecting

agency

Brimbank Council Meeting No. 637 - 10 September 2024

49 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.46GX(2) Duty, before accepting the provision of

works, services or facilities by an applicant

under s.46GX(1), to obtain the agreement of

the development agency or agencies

specified in the approved infrastructure

contributions plan

Chief Executive Officer

Director City Futures

Where Council is the collecting

agency

s.46GY(1) Duty to keep proper and separate accounts

and records

Chief Executive Officer

Director City Futures

Where Council is the collecting

agency

s.46GY(2) Duty to keep the accounts and records in

accordance with the Local Government Act

2020

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

s.46GZ(2)(a) Duty to forward any part of the monetary

component that is imposed for plan

preparation costs to the planning authority

that incurred those costs

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

under an approved infrastructure

contributions plan

This Duty does not apply Where

Council is that planning authority

s.46GZ(2)(a) Function of receiving the monetary

component

Chief Executive Officer

Director City Futures

Where the Council is the planning

authority

this Duty does not apply Where

Council is also the collecting agency

46GZ(2)(b) Duty to forward any part of the monetary

component that is imposed for plan

preparation costs to the planning authority

that incurred those costs

Director City Futures

Manager City Development Services

Director Corporate Services

Finance Manager

Where Council is a the collecting

agency under an approved

infrastructure contributions plan

This provision does not apply Where

Council is also the relevant

development agency

Brimbank Council Meeting No. 637 - 10 September 2024

50 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.46GZ(2)(b) Function of receiving the monetary

component

Chief Executive Officer

Director City Futures

Where Council is the development

agency under an approved

infrastructure contributions plan

This provision does not apply Where

Council is also the collecting agency

s.46GZ(4) Duty to use any land equalisation amounts

to pay land credit amounts under s.46GZ(7),

except any part of those amounts that are to

be forwarded to a development agency

under s.46GZ(5)

Chief Executive Officer

Director City Futures

Where Council is the collecting

agency under an approved

infrastructure contributions plan

s.46GZ(5) Duty to forward any part of a land

equalisation amount required for the

acquisition of outer public purpose land by a

development agency specified in the

approved infrastructure contributions plan to

that development agency

Director City Futures

Manager City Development Services

Director Corporate Services

Finance Manager

Where Council is the collecting agency

under an approved infrastructure

contributions plan

This provision does not apply Where

Council is also the relevant

development agency

s.46GZ(5) Function of receiving any part of a land

equalisation amount required for the

acquisition of outer public purpose land

Chief Executive Officer

Director City Futures

Where Council is the development

agency specified in the approved

infrastructure contributions plan.

This provision does not apply Where

Council is also the collecting agency.

s.46GZ(7) Duty to pay to each person who must provide

an infrastructure contribution under the

approved infrastructure contributions plan

any land credit amount to which the person is

entitled under s.46GW

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

under an approved infrastructure

contributions plan

Brimbank Council Meeting No. 637 - 10 September 2024

51 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

46GZ(9)

Duty to transfer the estate in fee simple in

the land to a the development agency

specified in the approved infrastructure

contributions plan as responsible for the

use and development of that land

Director City Futures

Manager City Development Services

Manager City Strategy

Director Corporate Services

Finance Manager

if any inner public purpose land is

vested in Council under the Subdivision

Act 1988 or acquired by Council before

the time it is required to be provided to

Council under s.46GV(4)

Where Council is the collecting

agency under an approved

infrastructure contributions plan

this Duty does not apply Where

Council is also the development

agency

s.46GZ(9) Function of receiving the fee simple in the

land

Chief Executive Officer

Director City Futures

Where Council is the development

agency under an approved

infrastructure contributions plan

This Duty does not apply Where

Council is also the collecting agency

s.46GZA(1)

Duty to keep proper and separate accounts

and records

Chief Executive Officer

Director City Futures

Where Council is a development

agency under an approved

infrastructure contributions plan

approved infrastructure contributions

plan

46GZA(2)

Duty to keep the accounts and records in

accordance with the

Local Government Act

2020

Director City Futures

Manager City Development Services

Where Council is a development

agency under an approved

infrastructure contributions plan

s.46GZB(3) Duty to follow the steps set out in

s.46GZB(3)(a) – (c)

Chief Executive Officer

Director City Futures

Where Council is a development agency

under an approved infrastructure

contributions plan

Brimbank Council Meeting No. 637 - 10 September 2024

52 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s46GZB(4) Duty, in accordance with requirements of

the VPA, to report on the use of the

infrastructure contribution in the

development agency’s annual report and

provide reports on the use of the

infrastructure contribution to the VPA

Director City Futures

Manager City Development Services

Director Corporate Services

Finance Manager

if the VPA is the collecting agency

under an approved infrastructure

contributions plan

Where Council is a development

agency under an approved

infrastructure contributions plan

s.46GZD(2)

Duty, within 6 months after the date on which

the approved infrastructure contributions plan

expires, to follow the steps set out in

s.46GZD(2)(a) and (b)

Chief Executive Officer

Director City Futures

Where Council is the development

agency under an approved

infrastructure contributions plan

s.46GZD(3)

Duty to follow the steps set out in

s.46GZD(3)(a) and (b)

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

under an approved infrastructure

contributions plans approved

infrastructure contributions plan

46GZD(5)

Duty to make payments under s.46GZD(3)

in accordance with ss.46GZD(5)(a) and

46GZD(5)(b)

Director City Futures

Manager City Development Services

Director Corporate Services

Finance Manager

Where Council is the collecting agency

under an approved infrastructure

contributions plan

46GZE(2)

Duty to forward the land equalisation

amount back to the collecting agency within

6 months after the expiry date if any part of

a land equalisation amount paid or

forwarded to a development agency for

acquiring outer public purpose land has not

been expended by the development agency

to acquire that land at the date on which the

approved infrastructure contributions plan

expires

Director City Futures

Manager City Development Services

Director Corporate Services

Finance Manager

Where Council is the development

agency under an approved

infrastructure contributions plan

This Duty does not apply Where

Council is also the

collecting agency

Brimbank Council Meeting No. 637 - 10 September 2024

53 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

46GZE(2) Function of receiving the unexpended land

equalisation amount

Chief Executive Officer

Director City Futures

Where Council is the collecting

agency under an approved

infrastructure contributions plan

This Duty does not apply Where

Council is also the development

agency

s.46GZE(3) Duty, within 12 months after the date on

which the approved infrastructure

contributions plan expires, to follow the

steps set out in s.46GZE(3)(a) and (b)

Chief Executive Officer

Director City Futures

Where Council is the collecting

agency under an approved

infrastructure contributions plan

s.46GZF(2) Duty, within 12 months after the date on

which the approved infrastructure

contributions plan expires, to use the public

purpose land for a public purpose approved

by the Minister or sell the public purpose land

Chief Executive Officer

Director City Futures

Where Council is the development

agency under an approved

infrastructure contributions plan

s.46GZF(3) Duty, if land is sold under s.46GZF(2)(b), to

follow the steps in s.46GZF(3)(a) and (b)

Chief Executive Officer

Director City Futures

Where Council is the development

agency under an approved

infrastructure contributions plan

s.46GZF(3) Function of receiving proceeds of sale

Chief Executive Officer

Director City Futures

Where Council is the collection

agency under an approved

infrastructure contributions plan

This provision does not apply Where

Council is also the development

agency this provision does not apply

Where Council is also the

development agency

Brimbank Council Meeting No. 637 - 10 September 2024

54 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.46GZF(4) Duty to divide the proceeds of the public

purpose land among the current owners of

each parcel of land in the ICP plan area and

pay each current owner a portion of the

proceeds in accordance with s.46GZF(5)

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

under an approved infrastructure

contributions plan

s.46GZF(6) Duty to make the payments under

s.46GZF(4) in accordance with

s.46GZF(6)(a) and (b)

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

under an approved infrastructure

contributions plan

s.46GZH

Power to recover the monetary component,

or any land equalisation amount of the land

component, payable under Part 3AB as a

debt in any court of competent jurisdiction

Chief Executive Officer

Director City Futures

Where Council is the collecting agency

under an approved infrastructure

contributions plan

s.46GZI

Duty to prepare and give a report to the

Minister at the times required by the Minister

Director City Futures

Manager City Development Services

Director Corporate Services

Finance Manager

Where council is a collecting agency

or development agency

s.46GZK

Power to deal with public purpose land which

has vested in, been acquired by, or

transferred to, Council

Chief Executive Officer

Director City Futures

Where Council is a collecting agency

or development agency

s.46LB(3) Duty to publish, on Council’s Internet site, the

payable dwelling amount for a financial year

on or before 1 July of each financial year for

which the amount is adjusted under s.46LB

(2)

Director City Futures

Manager City Development Services

Development Contributions Plans Officer

Brimbank Council Meeting No. 637 - 10 September 2024

55 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.46N(1)

Duty to include condition in permit regarding

payment of development infrastructure levy

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Coordinator Planning Compliance

E-Planning Implementation Officer

s.46N(2)(c)

Function of determining time and manner

for receipt of development contributions

levy

Director City Futures

Manager City Development Services

Coordinator City Planning

Development Contributions Plan Officer

s.46N(2)(d) Power to enter into an agreement with the

applicant regarding payment of

development infrastructure levy

Director City Futures

Manager City Development Services

s.46O(1)(a)&

(2)(a)

Power to ensure that community

infrastructure levy is paid, or agreement is in

place, prior to issuing building permit

Director City Futures

Manager City Development Services

s.46O(1)(d)

& (2)(d)

Power to enter into agreement with the

applicant regarding payment of community

infrastructure levy

Director City Futures

Manager City Development Services

s.46P(1)

Power to require payment of amount of levy

under section 46N or section46O to be

satisfactorily secured

Director City Futures

Manager City Development Services

Brimbank Council Meeting No. 637 - 10 September 2024

56 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT ACT 1987

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.46P(2)

Power to accept provision of land, works,

services or facilities in part or full payment of

levy payable

Director City Futures

Manager City Development Services

s.46Q(1)

Duty to keep proper accounts of levies paid

Director City Futures

Manager City Development Services

Director Corporate Services

Finance Manager

Development Contributions Plan Officer

s.46Q(1A) Duty to forward to development agency part

of levy imposed for carrying out works,

services, or facilities on behalf of

development agency or plan preparation

costs incurred by a development agency

Director City Futures

Manager City Development Services

Director Corporate Services

Finance Manager

Development Contributions Plan Officer

s.46Q(2)

Duty to apply levy only for a purpose

relating to the provision of plan preparation

cost or the works, services and facilities in

respect of which the levy was paid etc.

Director City Futures

Manager City Development Services

s.46Q(3)

Power to refund any amount of levy paid if it

is satisfied the development is not to

proceed

Director City Futures

Manager City Development Services

Only applies when levy is paid to

Council as a 'development agency'

Brimbank Council Meeting No. 637 - 10 September 2024

57 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

Duty to pay amount to current owners of

Director City Futures

Must be done within six months of

land in the area if an amount of levy has Manager City Development Services

the end of the period required by

been paid to a municipal council as a

the development contributions

development agency for plan preparation

plan and with the consent of, and

costs incurred by the council or for the

in the manner approved by, the

provision by the council of works,

services or facilities in an area under

s.46Q(4)(c)

s.46Q(4)(a)

Minister

s.46Q(4)(d) Duty to submit to the Minister an

amendment to the approved development

contributions plan

Director City Futures

Manager City Development Services

Manager City Strategy

Must be done in accordance with Part

s46Q(4)(e) Duty to expend that amount on other works

etc.

Director City Futures

Manager City Development Services

Manager City Strategy

With the consent of, and in the manner

approved by, the Minister

s.46QC

Power to recover any amount of levy payable

under Part 3B

Director City Futures

Manager City Development Services

s.46QD

Duty to prepare report and give a report to

the Minister

Director City Futures

Manager City Development Services

Director Corporate Services

Finance Manager

Where council is a collecting agency

or development agency

Brimbank Council Meeting No. 637 - 10 September 2024

58 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.46V(3)

Duty to make a copy of the approved

strategy plan (being the Melbourne Airport

Environs Strategy Plan) and any documents

lodged with it available in accordance with

the public availability requirements, during

the inspection period

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

Senior Development Planner

Senior Strategic Planner

Strategic Sites Officer

Development Planner A

Development Planner B

Strategic Planner

Subdivision Officer

Planning Assistant

Coordinator Planning Compliance

E-Planning Implementation Officer

Brimbank Council Meeting No. 637 - 10 September 2024

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.46V(4)

Duty to make a copy of the approved strategy

plan (being the Melbourne Airport Environs

Strategy Plan) and any documents lodged with

it available in accordance with s 197B of the

Act and on payment of the prescribe fee, after

the inspection period

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

Senior Development Planner

Senior Strategic Planner

Strategic Sites Officer

Development Planner A

Development Planner B

Strategic Planner Subdivision Officer

Planning Assistant

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.46V(5)

Duty to keep a copy of the approved strategy

plan incorporating all amendments to it

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

Senior Development Planner

Senior Strategic Planner

Strategic Sites Officer

Development Planner A

Development Planner B

Strategic Planner

Subdivision Officer

Planning Assistant

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.46V(6)

Duty to make a copy of the approved strategy

plan incorporating all amendments to it

available in accordance with the public

available requirements

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

Senior Development Planner

Senior Strategic Planner

Strategic Sites Officer

Development Planner A

Development Planner B

Strategic Planner

Subdivision Officer

Planning Assistant

Coordinator Planning Compliance

E-Planning Implementation Officer

s.46Y

Duty to carry out works in conformity with the

approved strategy plan

Director City Futures

Manager City Development Services

Manager City Strategy

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.47

Power to decide that an application for a

planning permit does not comply with that

Act

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Senior Subdivision Officer

Planning Assistant

Coordinator Planning Compliance

E-Planning Implementation Officer

s.49(1)

Duty to keep a register of all applications for

permits and determinations relating to permits

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

E-Planning Implementation Officer

s.49(2)

Duty to make register available for inspection in

accordance with the public availability

requirements

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.50(4)

Duty to amend application

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Senior Subdivision Officer

Planning Assistant

Coordinator Planning Compliance

E-Planning Implementation Officer

s.50(5)

Power to refuse to amend application

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Coordinator Planning Compliance

s.50(6)

Duty to make note of amendment to

application in register

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.50A(1)

Power to make amendment to application

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

E-Planning Implementation Officer

Coordinator Planning Compliance

s.50A(3)

Power to require applicant to notify owner and

make a declaration that notice has been given

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.50A(4)

Duty to note amendment to application in

Director City Futures Manager

City Development Services

Coordinator City Planning

Principal Planner

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.51

Duty to make copy of application available

for inspection in accordance with the public

availability requirements

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

s.52(1)(a) Duty to give notice of the application to

owners/occupiers of adjoining allotments

unless satisfied that the grant of permit

would not cause material detriment to any

person

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

Brimbank Council Meeting No. 637 - 10 September 2024

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.52(1)(b) Duty to give notice of the application to other

municipal Councils Where appropriate

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.52(1)(c)

Duty to give notice of the application to all

persons required by the planning scheme

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.52(1)(ca) Duty to give notice of the application to

owners and occupiers of land benefited by a

registered restrictive covenant if may result

in breach of covenant

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.52(1)(cb) Duty to give notice of the application to

owners and occupiers of land benefited by a

registered restrictive covenant if application

is to remove or vary the covenant

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.52(1)(d) Duty to give notice of the application to

other persons who may be detrimentally

affected

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.52(1AA) Duty to give notice of an application to

remove or vary a registered restrictive

covenant

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.52(3)

Power to give any further notice of an

application where appropriate

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.53(1)

Power to require the applicant to give

notice under section 52(1) to persons

specified by it

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.53(1A)

Power to require the applicant to give the

notice under section 52(1AA)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.54(1)

Power to require the applicant to provide

more information

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.54(1A)

Duty to give notice in writing of information

required under s.54(1)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.54(1B)

Duty to specify the lapse date for an

application

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.54A(3)

Power to decide to extend time or refuse to

extend time to give required information

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.54A(4)

Duty to give written notice of decision to

extend or refuse to extend time under

section 54A(3)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.55(1)

Duty to give copy application, together with

the prescribed information, to every referral

authority specified in the planning scheme

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.57(2A)

Power to reject objections considered made

primarily for commercial advantage for the

objector

Director City Futures

Manager City Development Services

Coordinator City Planning

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.57(3)

Function of receiving name and address of

persons to whom notice of decision is to go

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.57(5)

Duty to make a copy of all objections

available in accordance with the public

availability requirements

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.57A(4)

Duty to amend application in accordance

with applicant's request, subject to section

57A(5)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.57A(5)

Power to refuse to amend application

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.57A(6)

Duty to note amendments to application in

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.57B(1)

Duty to determine whether and to whom

notice should be given

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.57B(2)

Duty to consider certain matters in

determining whether notice should be given

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.57C(1)

Duty to give copy of amended application to

referral authority

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.58

Duty to consider every application for a

permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.58A

Power to request advice from the Planning

Application Committee

Director City Futures

Manager City Development Services

s.60

Duty to consider certain matters

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s60(1A)

Power to consider certain matters before

deciding on application

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.60(1B)

Duty to consider number of objectors in

considering whether use or development

may have significant social effect

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Coordinator Planning Compliance

s.61(1)

Power to determine permit application,

either to decide to grant a permit, to decide

to grant a permit with conditions or to refuse

a permit application.

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Coordinator Planning Compliance

E-Planning Implementation Officer

to grant/grant with conditions - if less

than 10 objections

to refuse – no limit on objections

The permit must not be

inconsistent with a cultural

heritage management plan under

the

Aboriginal Heritage Act

2006

s.61(2)

Duty to decide to refuse to grant a permit if a

relevant determining referral authority

objects to grant of permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.61(2A)

Power to decide to refuse to grant a permit if

a relevant recommending referral authority

objects to the grant of permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Coordinator Planning Compliance

s.61(3)(a)

Duty not to decide to grant a permit to use

coastal Crown land without Minister’s

consent

Director City Futures

Manager City Development Services

s.61(3)(b) Duty to refuse to grant the permit without

the Minister's consent

Director City Futures

Manager City Development Services

s.61(4)

Duty to refuse to grant the permit if grant

would authorise a breach of a registered

restrictive covenant

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

s.62(1)

Duty to include certain conditions in deciding

to grant a permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Coordinator Planning Compliance

E-Planning Implementation Officer

s.62(2)

Power to include other conditions

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.62(4)

Duty to ensure conditions are consistent

with paragraphs (a),(b) and (c)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.62(5)(a) Power to include a permit condition to

implement an approved development

contributions plan or an approved

infrastructure contributions plan

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.62(5)(b)

Power to include a permit condition that

specified works be provided on or to the

land or paid for in accordance with section

173 agreement

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.62(5)(c)

Power to include a permit condition that

specified works be provided or paid for by

the applicant

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.62(6)(a) Duty not to include a permit condition

requiring a person to pay an amount for or

provide works except in accordance with

ss.46N(1), 46GV(7) or s.62(5)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.62(6)(b) Duty not to include a permit condition

requiring a person to pay an amount for or

provide works except a condition that a

planning scheme requires to be included as

referred to in s.62(1)(a)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.62(6)(c)

Duty not to include a permit condition

requiring a person to pay an amount for or

provide works except a condition that a

determining referral authority requires to be

included as referred to in s.62(1)(a)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.63

Duty to issue the permit Where made a

decision in favour of the application (if no

one has objected)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.64(1)

Duty to give notice of decision to grant a

permit to applicant and objectors

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

this provision applies also to a decision

to grant an amendment to a permit –

see section 75A

s.64(3)

Duty not to issue a permit until after the

specified period

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

This provision applies also to a

decision to grant an amendment to a

permit – see section 75

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.64(5)

Duty to give each objector a copy of an

exempt decision

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

This provision applies also to a

decision to grant an amendment to a

permit – see section 75

s.64A

Duty not to issue permit until the end of a

period when an application for review may

be lodged with VCAT or until VCAT has

determined the application, if a relevant

recommending referral authority has

objected to the grant of a permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

This provision applies also to a

decision to grant an amendment to a

permit – see section 75A

s.65(1)

Duty to give notice of refusal to grant permit

to applicant and person who objected under

section 57

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.66(1)

Duty to give notice under section 64 or

section 65 and copy permit to relevant

determining referral authorities

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

S.66(2)

Duty to give a recommending referral

authority notice of its decision to grant a

permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

If the recommending referral authority

objected to the grant of the permit or

the responsible authority decided not

to include a condition on the permit

recommended by the recommending

referral authority

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.66(4)

Duty to give a recommending referral

authority notice of its decision to refuse a

permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

If the recommending referral authority

objected to the grant of the permit or

the recommending referral authority

recommended that a permit condition

be included on the permit

s.66(6)

Duty to give a recommending referral

authority a copy of any permit which Council

decides to grant and a copy of any notice

given under section 64 or 65

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

If the recommending referral authority

did not object to the grant of the permit

or the recommending referral authority

did not recommend a condition be

included on the permit

Brimbank Council Meeting No. 637 - 10 September 2024

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.69(1)

Function of receiving application for

extension of time of permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

s.69(1A)

Function of receiving application for

extension of time to complete development

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

s.69(2)

Power to extend time

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.70

Duty to make copy permit available in

accordance with the public availability

requirements

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.71(1)

Power to correct certain mistakes

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.71(2)

Duty to note corrections in register

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.72

Function of receiving an application for an

amendment to a permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

E-Planning Implementation Officer

Brimbank Council Meeting No. 637 - 10 September 2024

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.73

Power to decide to grant amendment

subject to conditions

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

If less than 10 objections

s.74

Duty to issue amended permit to applicant if

no objectors

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

s.76

Duty to give applicant and objectors

notice of decision to refuse to grant

amendment to permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

Brimbank Council Meeting No. 637 - 10 September 2024

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.76A(1)

Duty to give relevant determining referral

authorities copy of amended permit and copy

of notice

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

s.76A(2)

Duty to give a recommending referral

authority notice of its decision to grant an

amendment to a permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

If the recommending referral authority

objected to the amendment of the

permit or the responsible authority

decided not to include a condition on

the amended permit recommended by

the recommending referral authority

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.76A(4)

Duty to give a recommending referral

authority notice of its decision to refuse a

permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

If the recommending referral authority

objected to the amendment of the

permit or the recommending referral

authority recommended that a permit

condition be included on the amended

permit

s.76A(6)

Duty to give a recommending referral

authority a copy of any amended permit

which Council decides to grant and a copy

of any notice given under section 64 or 76

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Planning Support Officer

If the recommending referral authority

did not object to the amendment of

the permit or the recommending

referral authority did not recommend

a condition be included on the

amended permit

s.76D

Duty to comply with direction of Minister to

issue amended permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.83

Function of being respondent to an appeal

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

s.83B(b)

Duty to give or publish notice of application

for review

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.84(1)

Power to decide on an application at any

time after an appeal is lodged against failure

to grant a permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

To support/support with conditions - if

less than 10 objections

To refuse – no limit on objections

The permit must not be

inconsistent with a cultural

heritage management plan under the

Aboriginal Heritage Act

2006

s.84(2)

Duty not to issue a permit or notice of

decision or refusal after an application is

made for review of a failure to grant a

permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.84(3)

Duty to tell principal registrar if decide to

grant a permit after an application is made

for review of its failure to grant a permit

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

s.84(6)

Duty to issue permit on receipt of advice

within 3 business days

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.84AB

Power to agree to confining a review by the

Tribunal

Director City Futures

Manager City Development Services

Coordinator City Planning

s.86

Duty to issue a permit at order of Tribunal

within 3 business days

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.87(3)

Power to apply to VCAT for the cancellation

or amendment of a permit

Director City Futures

Manager City Development Services

Coordinator City Planning

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.90(1)

Function of being heard at hearing of request

for cancellation or amendment of a permit

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Manager City Regulatory Services

Municipal Building Surveyor

s.91(2)

Duty to comply with the directions of VCAT

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Manager City Regulatory Services

Municipal Building Surveyor

s.91(2A)

Duty to issue amended permit to owner if

Tribunal so directs

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.92

Duty to give notice of cancellation/

amendment of permit by VCAT to persons

entitled to be heard under s.90

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

s.93(2)

Duty to give notice of VCAT order to stop

development

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Manager City Regulatory Services

Municipal Building Surveyor

Coordinator Planning Compliance

Principal Planning Compliance Officer

Senior Planning Compliance Officer

Planning Compliance Officer

s.95(3)

Function of referring certain applications to

the Minister

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.95(4)

Duty to comply with an order or direction

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.96(1)

Duty to obtain a permit from the Minister to

use and develop its land

Director City Futures

Manager City Development Services

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Assets and Property Services

Manager Capital Works and Building Projects

s.96(2)

Function of giving consent to other persons

to apply to the Minister for a permit to use

and develop Council land

Director City Futures

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Assets and Property Services

Manager Capital Works and Building Projects

s.96A(2)

Power to agree to consider an application for

permit concurrently with preparation of

proposed amendment

Director City Futures

Manager City Development Services

Manager City Strategy

s.96C

Power to give notice, to decide not to give

notice, to publish notice and to exercise any

other Power under section 96C

Director City Futures

Manager City Development Services

Manager City Strategy

s.96F

Duty to consider the panel’s report under

section 96E

Director City Futures

Manager City Development Services

Manager City Strategy

Subject to report to Council

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.96G(1)

Power to determine to recommend that a

permit be granted or to refuse to

recommend that a permit be granted and

Power to notify applicant of the

determination (including Power to give

notice under section 23 of the

Planning and

Environment (Planning Schemes) Act 1996)

Not delegated

Power to be exercised by Council

resolution

s.96H(3)

Power to give notice in compliance with

Minister’s direction

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Senior Strategic Planner

s.96J

Duty to issue permit as directed by the

Minister

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

s.96K

Duty to comply with direction of the Minister

to give notice of refusal

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

s.96Z

Duty to keep levy certificates given to it

under ss. 47 or 96A for no less than 5 years

from receipt of the certificate

Director City Futures

Manager City Development Services

Coordinator City Planning

s.97C

Power to request Minister to decide the

application

Not delegated

Power to be exercised by Council

resolution

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.97D(1)

Duty to comply with directions of Minister to

supply any document or assistance relating

to application

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

s.97G(3)

Function of receiving from Minister copy of

notice of refusal to grant permit or copy of

any permit granted by the Minister

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.97G(6)

Duty to make a copy of permits issued by

Minister under s.97F available in accordance

with the public availability requirements

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

Senior Development Planner

Senior Strategic Planner

Strategic Sites Officer

Development Planner A

Development Planner B

Strategic Planner

Planning Assistant

Subdivision Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

s.97L

Duty to include Ministerial decisions in a

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

s.97MH

Duty to provide information or assistance to

the Planning Application Committee

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.97MI

Duty to contribute to the costs of the

Planning Application Committee or

subcommittee

Director City Futures

Manager City Development Services

Manager City Strategy

s.97O

Duty to consider application and issue or

refuse to issue certificate of compliance

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

s.97P(3)

Duty to comply with directions of VCAT

following an application for review of a

failure or refusal to issue a certificate

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.97Q(2)

Function of being heard by VCAT at hearing

of request for amendment or cancellation of

certificate

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

s.97Q(4)

Duty to comply with directions of VCAT

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.97R

Duty to keep register of all applications for

certificate of compliance and related

decisions

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

E Planning Implementation Officer

s.98(1)&(2)

Function of receiving claim for

compensation in certain circumstances

Director City Futures

Manager City Development Services

Manager City Strategy

s.98(4)

Duty to inform any person of the name of the

person from whom compensation can be

claimed

Director City Futures

Manager City Development Services

Manager City Strategy

s.101

Function of receiving claim for expenses in

conjunction with claim

Director City Futures

Manager City Development Services

Manager City Strategy

s.103

Power to reject a claim for compensation in

certain circumstances

Director City Futures

Manager City Development Services

Manager City Strategy

s.107(1)

Function of receiving claim for compensation

Director City Futures

Manager City Development Services

Manager City Strategy

s.107(3)

Power to agree to extend time for making

claim

Director City Futures

Manager City Development Services

Manager City Strategy

s 113(2)

Power to request a declaration for land to be

proposed to be reserved for public purposes

Director City Futures

Manager Engineering and Infrastructure

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.114(1)

Power to apply to the VCAT for an

enforcement order

Director City Futures

Manager City Development Services

Manager City Regulatory Services

Municipal Building Surveyor

Coordinator Planning Compliance

Principal Planning Compliance Officer

Senior Planning Compliance Officer

Planning Compliance Officer

s.117(1)(a) Function of making a submission to the

VCAT Where objections are received

Director City Futures

Manager City Development Services

Manager City Regulatory Services

Municipal Building Surveyor

Coordinator Planning Compliance

Principal Planning Compliance Officer

Senior Planning Compliance Officer

Planning Compliance Officer

s.120(1)

Power to apply for an interim enforcement

order Where section 114 application has

been made

Director City Futures

Manager City Development Services

Manager City Regulatory Services

Municipal Building Surveyor

Coordinator Planning Compliance

s.123(1)

Power to carry out work required by

enforcement order and recover costs

Director City Futures

Manager City Development Services

Manager City Regulatory Services

Municipal Building Surveyor

Coordinator Planning Compliance

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.123(2)

Power to sell buildings, materials, etc

salvaged in carrying out work under

section123(1)

Director City Futures

Director Infrastructure and City Services

Except Crown Land

s. 125(1) Power to apply to any court of competent

jurisdiction or to the tribunal for an injunction

restraining any person from contravening an

enforcement order or an interim enforcement

order.

Director City Futures

Manager City Development Services

Coordinator Planning Compliance

Section 123 of the

Victorian Civil and

Administrative Tribunal Act 1998

applies

on an application to the

Tribunal.

s.129

Function of recovering penalties

Director City Futures

Manager City Development Services

Coordinator Planning Compliance

Principal Planning Compliance Officer

Senior Planning Compliance Officer

Planning Compliance Officer

s.130(5)

Power to allow person served with an

infringement notice further time

Director City Futures

Manager City Development Services

Coordinator Planning Compliance

Principal Planning Compliance Officer

s.149A(1)

Power to refer a matter to the VCAT for

determination

Director City Futures

Manager City Development Services

Coordinator City Planning

Coordinator Planning Compliance

s.149A(1A)

Power to apply to VCAT for the determination

of a matter relating to the interpretation of a

section 173 agreement

Director City Futures

Manager City Development Services

Manager City Strategy

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s. 148B

Power to apply to the Tribunal for a

declaration.

Director City Futures

Manager City Development Services

Coordinator City Planning

Coordinator Planning Compliance

s.156

Duty to pay fees and allowances (including a

payment to the Crown under subsection

(2A)), and payment or reimbursement for

reasonable costs and expenses incurred by

the panel in carrying out its Functions

unless the Minister directs otherwise under

subsection (2B), Power to ask for

contribution under subsection (3) and Power

to abandon amendment or part of it under

subsection (4)

Director City Futures

Manager City Strategy

Coordinator Strategic Planning

Principal Strategic Planner

Where Council is the relevant

planning authority

s.171(2)(f)

Power to carry out studies and commission

reports

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

s.171(2)(g)

Power to grant and reserve easements

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Principal Planner

Senior Development Planner

s.172C

Power to compulsorily acquire any outer

public purpose land that is specified in the

approved infrastructure contributions plan

Chief Executive Officer

Director City Futures

Where Council is a development

agency specified in an approved

infrastructure contributions plan

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.172D(1) Power to compulsorily acquire any inner

public purpose land that is specified in the

plan before the time that the land is required

to be provided to Council under s.46GV(4)

Chief Executive Officer

Director City Futures

Where Council is a collecting agency

specified in an approved infrastructure

contributions plan

s.172D(2) Power to compulsorily acquire any inner

public purpose land, the use and

development of which is to be the

responsibility of Council under the plan,

before the time that the land is required to

be provided under s.46GV(4)

Chief Executive Officer

Director City Futures

Where Council is the development

agency specified in an approved

infrastructure contributions plan

s.173(1)

Power to enter into agreement covering

matters set out in section174

Director City Futures

Manager City Development Services

Manager City Strategy

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Power to be exercised by Council

Resolution with the exception of:

a. Agreement relating to building

over easement and related

matters – delegated to Director

Infrastructure and City Services

and Manager Engineering and

Infrastructure

b. Any agreement in accordance

with Council’s adopted budget,

and/or which does not commit

Council to any payment, cost

or financial obligation.

s. 173(1A)

Power to enter into an agreement with an

owner of land for the development or provision

of land in relation to affordable housing

Director City Futures

Manager City Development Services

Manager City Strategy

---

Power to decide whether something is to

the satisfaction of Council, Where an

agreement made under section 173 of the

Planning and Environment Act

1987

requires something to be to the satisfaction

of Council or Responsible Authority

Director City Futures

Manager City Development Services

Manager City Strategy

Director Infrastructure and City Services

Manager Engineering and Infrastructure

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

---

Power to give consent on behalf of Council,

Where an agreement made under section

173 of the

Planning and Environment Act

1987 requires that something may not be

done without the consent of Council or

Responsible Authority

Director City Futures

Manager City Development Services

Manager City Strategy

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.177(2)

Power to end a section 173 agreement with

the agreement of all those bound by any

covenant in the agreement or otherwise in

accordance with Division 2 of Part 9

Director City Futures

Manager City Development Services

Manager City Strategy

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.178

Power to amend a s.173 agreement with the

agreement of all those bound by any

covenant in the agreement or otherwise in

accordance with Division 2 of Part 9

Director City Futures

Manager City Development Services

Manager City Strategy

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.178A(1)

Function of receiving application to amend

or end an agreement

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.178A(3)

Function of notifying the owner as to

whether it agrees in principle to the

proposal under s.178A(1)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.178A(4)

Function of notifying the applicant and the

owner as to whether it agrees in principle to

the proposal

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.178A(5)

Power to propose to amend or end an

agreement

Director City Futures

Manager City Development Services

Manager City Strategy

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.178B(1)

Duty to consider certain matters when

considering proposal to amend an

agreement

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.178B(2)

Duty to consider certain matters when

considering proposal to end an agreement

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.178C(2)

Duty to give notice of the proposal to all

parties to the agreement and other persons

who may be detrimentally affected by

decision to amend or end

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.178C(4)

Function of determining how to give notice

under s.178C(2)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.178E(1)

Duty not to make decision until after 14

days after notice has been given

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.178E(2)(a)

Power to amend or end the agreement in

accordance with the proposal

Director City Futures

Manager City Development Services

Coordinator City Planning

If no objections are made under

s.178D. Must consider matters in

s.178B.

s.178E(2)(b)

Power to amend or end the agreement in a

manner that is not substantively different

from the proposal

Director City Futures

Manager City Development Services

Coordinator City Planning

If no objections are made under

s.178D. Must consider matters in

s.178B.

s.178E(2)(c)

Power to refuse to amend or end the

agreement

Director City Futures

Manager City Development Services

Coordinator City Planning

If no objections are made under

s.178D. Must consider matters in

s.178B.

s.178E(3)(a)

Power to amend or end the agreement in

accordance with the proposal

Director City Futures

Manager City Development Services

Coordinator City Planning

After considering objections,

submissions and matters in s.178B.

s.178E(3)(b)

Power to amend or end the agreement in a

manner that is not substantively different

from the proposal

Director City Futures

Manager City Development Services

Coordinator City Planning

After considering objections,

submissions and matters in

s.178B.

s.178E(3)(c)

Power to amend or end the agreement in a

manner that is substantively different from

the proposal

Director City Futures

Manager City Development Services

After considering objections,

submissions and matters in

s.178B.

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.178E(3)(d)

Power to refuse to amend or end the

agreement

Director City Futures

Manager City Development Services

Coordinator City Planning

After considering objections,

submissions and matters in s.178B.

s.178F(1)

Duty to give notice of its decision under

s.178E(3)(a) or (b)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.178F(2)

Duty to give notice of its decision under

s.178E(2)(c) or (3)(d)

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.178F(4)

Duty not to proceed to amend or end an

agreement under s.178E until at least 21

days after notice has been given or until an

application for review to the Tribunal has

been determined or withdrawn

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

s.178G

Duty to sign amended agreement and give

copy to each other party to the agreement

Director City Futures

Manager City Development Services

Manager City Strategy

s.178H

Power to require a person who applies to

amend or end an agreement to pay the costs

of giving notices and preparing the amended

agreement

Director City Futures

Manager City Development Services

Coordinator City Planning

s.178I(3)

Duty to notify, in writing, each party to the

agreement of the ending of the agreement

relating to Crown land

Director City Futures

Manager City Development Services

Coordinator City Planning

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.179(2)

Duty to make copy of each agreement

available in accordance with the public

availability requirements

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner A

Development Planner B

Planning Assistant

Senior Subdivision Officer

Director Infrastructure and City Services

Manager Engineering and Infrastructure

E-Planning Implementation Officer

s.181

Duty to apply to the Registrar of Titles to

record the agreement

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Coordinator Planning Compliance

Coordinator Strategic Planning

s.181(1A)(a)

Power to apply to the Registrar of Titles to

record the agreement

Director City Futures

Manager City Development Services

Manager City Strategy

Director Infrastructure and City Services

Manager Engineering and Infrastructure

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.181(1A)(b)

Duty to apply to the Registrar of Titles,

without delay, to record the agreement

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Coordinator Planning Compliance

Coordinator Strategic Planning

s.182

Power to enforce an agreement

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Principal Planner

Manager City Regulatory Services

Coordinator Planning Compliance

Principal Planning Compliance Officer

Senior Planning Compliance Officer

Planning Compliance Officer

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Coordinator Strategic Planning

s.183

Duty to tell Registrar of Titles of

ending/amendment of agreement

Director City Futures

Manager City Development Services

Manager City Strategy Coordinator City Planning

Director Infrastructure and City Services Manager

Engineering and Infrastructure

Coordinator Planning Compliance

Coordinator Strategic Planning

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.184F(1)

Power to decide to amend or end an

agreement at any time after an application

for review of the failure of Council to make a

decision

Director City Futures

Manager City Development Services

s.184F(2)

Duty not to amend or end the agreement or

give notice of the decision after an

application is made to VCAT for review of a

failure to amend or end an agreement

Director City Futures

Manager City Development Services

s.184F(3)

Duty to inform the principal registrar if the

responsible authority decides to amend or

end an agreement after an application is

made for the review of its failure to end or

amend the agreement

Director City Futures

Manager City Development Services

Coordinator City Planning

s.184F(5)

Function of receiving advice from the

principal registrar that the agreement may

be amended or ended in accordance with

Council’s decision

Director City Futures

Manager City Development Services

Coordinator City Planning

s.184G(2)

Duty to comply with a direction of the

Tribunal

Director City Futures

Manager City Development Services

Coordinator City Planning

s.184G(3)

Duty to give notice as directed by the

Tribunal

Director City Futures

Manager City Development Services

Coordinator City Planning

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.185B(1)

Duty to comply with a request from the Minister

to provide the name, address, email address or

telephone number of any person to whom the

Minister is required to give notice

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

Development Planner

Planning Assistant

City Planning Administration Officer

E-Planning Implementation Officer

s.198(1)

Function to receive application for planning

certificate

In the metropolitan area, planning

certificates are issued by the

Department of Transport and Planning.

s.199(1)

Duty to give planning certificate to applicant

In the metropolitan area, planning

certificates are issued by the

Department of Transport and Planning.

s.201(1)

Function of receiving application for

declaration of underlying zoning

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

s.201(3)

Duty to make declaration

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

Power to decide, in relation to any planning

scheme or permit, that a specified thing has

or has not been done to the satisfaction of

Council

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Strategic Planner

Principal Planner

Coordinator Planning Compliance

Power, in relation to any planning scheme or

permit, to consent or refuse to consent to

any matter which requires the consent or

approval of Council

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Coordinator Planning Compliance

Power to approve any plan or any

amendment to a plan or other document in

accordance with a provision of a planning

scheme or condition in a permit

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Strategic Planner

Principal Planner

Coordinator Planning Compliance

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

Power to give written authorisation in

accordance with a provision of a planning

scheme

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Strategic Planner

Principal Planner

Coordinator Planning Compliance

s.201UAB(1)

Function of providing the Victorian Planning

Authority with information relating to any land

within municipal district

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

Senior Development Planner

Senior Strategic Planner

Strategic Planner

Strategic Sites Officer

Coordinator Planning Compliance

E-Planning Implementation Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

s.201UAB(2)

Duty to provide the Victorian Planning

Authority with information requested under s

201UAB(1) (1) as soon as possible

Director City Futures

Manager City Development Services

Manager City Strategy

Coordinator City Planning

Coordinator Strategic Planning

Principal Planner

Principal Strategic Planner

Senior Development Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Coordinator Planning Compliance

E-Planning Implementation Officer

Power to negotiate and/or approve minor

changes to a planning permit or plans, should

Council’s decision on a planning application

be appealed to the Victorian Civil and

Administrative Tribunal, or an application for

minor amendments be received

Director City Futures

Manager City Development Services

Coordinator City Planning

Principal Planner

Senior Development Planner

“minor changes” - overall form of the

development is not changed eg.

number of units, but minor details are

Council resolution is not able to be

overturned/reversed

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

RESIDENTIAL TENANCIES ACT 1997

Column 1

Column 2

Column 3

Column 4

PROVISION

POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.518F

Power to issue notice to caravan park

regarding emergency management plan if

determined that the plan does not comply with

the requirements

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Manager City Regulatory Services

s.522(1) Power to give a compliance notice to a person

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Manager City Regulatory Services

s.525(2) Power to authorise an officer to exercise

Powers in section 526 (either generally or in

a particular case)

Chief Executive Officer

Director People, Partnerships and Performance

Manager Governance and Risk

All statutory appointments and

authorisations to be made on

recommendation of relevant Director

or Manager

s.525(4)

Duty to issue identity card to authorised

officers

Director City Futures

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

s.526A(3) Function of receiving report of inspection

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Manager City Regulatory Services

s.526(5)

Duty to keep record of entry by authorised

officer under section 526

Director City Futures

Manager City Development Services

Municipal Building Surveyor

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

RESIDENTIAL TENANCIES ACT 1997

Column 1

Column 2

Column 3

Column 4

PROVISION

POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Manager City Regulatory Services

s.527

Power to authorise a person to institute

proceedings (either generally or in a

particular case)

Chief Executive Officer

Director People, Partnerships and Performance

Manager Governance and Risk

All statutory appointments and

authorisations to be made on

recommendation of relevant Director

or Manager

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s11(1)

Power to declare a road by publishing a

notice in the Government Gazette

Director City Futures

Manager City Development Services

Director Infrastructure and City Services

Manager Engineering and Infrastructure

obtain consent in circumstances specified

in section 11(2)

s11(8)

Power to name a road or change the name of

a road by publishing notice in Government

Gazette

Director City Futures

Manager City Development Services

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Asset and Property Services

Director Corporate Services

Finance Manager

Director People, Partnerships and Performance

Manager Governance and Risk

Power must be exercised in accordance

with

Geographic Names Places Act

1998

and, where applicable, Council’s

Place Naming Policy

s11(9)(b)

Duty to advise Registrar

Director City Futures

Manager City Development Services

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Finance Manager

Director People, Partnerships and Performance

Director Corporate Services

Manager Governance and Risk

Coordinator, Legal Governance and Integrity

Governance and Legal Support Officer

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s11(10)

Duty to inform Secretary to Department of

Environment, Land, Water and Planning

(Department of Transport and Planning) of

declaration etc.

Director City Futures

Manager City Development Services

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Assets and Property Services

Manager Capital Works and Building Projects

Director People, Partnerships and Performance

Director Corporate Services

Manager Governance and Risk

clause subject to section 11(10A)

s11(10A)

Duty to inform Secretary to Department of

Environment, Land, Water and Planning

(Department of Transport and Planning) or

nominated person

Director City Futures

Manager City Development Services

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Assets and Property Services

Manager Capital Works and Building Projects

Where Council is the coordinating road

authority

s12(10)

Duty to notify of decision made

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Assets and Property Services

Manager Capital Works and Building Projects

Property Officer

Asset and Property Services Compliance Officer

Duty of coordinating road authority

Where it is the discontinuing body

does not apply Where an exemption is

specified by the regulations or given by

the Minister

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s13(1)

Power to fix a boundary of a road by publishing

notice in Government Gazette

Director City Futures

Manager City Development Services

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Power of coordinating road authority and

obtain consent under section13(3) and

section13(4) as appropriate

s.14(4)

Function of receiving notice from the Head,

Transport for Victoria

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s14(7)

Power to appeal against decision of the

Head, Transport for Victoria

Director Infrastructure and City Services

s15(1)

Power to enter into arrangement with

another road authority, utility or a provider of

public transport to transfer a road

management Function of the road authority

to the other road authority, utility or provider

of public transport

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s15(1A)

Power to enter into arrangement with a utility

to transfer a road management Function of

the utility to the road authority

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s15(2)

Duty to include details of arrangement in

public roads register

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Strategic Engineering Coordinator

s16(7)

Power to enter into an arrangement under

section 15

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s16(8)

Duty to enter details of determination in

public roads register

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s17(2)

Duty to register public road in public roads

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s17(3)

Power to decide that a road is reasonably

required for general public use

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

s17(3)

Duty to register a road reasonably required

for general public use in public roads register

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

s17(4)

Power to decide that a road is no longer

reasonably required for general public use

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

s17(4)

Duty to remove road no longer reasonably

required for general public use from public

roads register

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

s18(1)

Power to designate ancillary area

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Director City Futures

Where Council is the coordinating road

authority, and obtain consent in

circumstances specified in section 18(2)

s18(3)

Duty to record designation in public roads

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

s19(1)

Duty to keep register of public roads in

respect of which it is the coordinating road

authority

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s19(4)

Duty to specify details of discontinuance in

public roads register

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s19(5)

Duty to ensure public roads register is

available for public inspection

Director Infrastructure and City Services

Manager Engineering and Infrastructure

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.21

Function of replying to request for information

or advice

Director Infrastructure and City Services

Manager Engineering and Infrastructure

obtain consent in circumstances specified

in section 11(2)

s.22(2)

Function of commenting on proposed

direction

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.22(4)

Duty to publish a copy or summary of any

direction made under section 22 by the

Minister in its Annual Report

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.22(5)

Duty to give effect to a direction under this

section

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.40(1)

Duty to inspect, maintain and repair a public

road.

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

Manager Roads and Cleansing

s.40(5)

Power to inspect, maintain and repair a road

which is not a public road

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

Manager Roads and Cleansing

s.41(1)

Power to determine the standard of

construction, inspection, maintenance and

repair

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

Manager Roads and Cleansing

s42(1)

Power to declare a public road as a

controlled access road

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Power of coordinating road authority and

Schedule 2 also applies

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s42(2)

Power to amend or revoke declaration by

notice published in Government Gazette

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Power of coordinating road authority and

Schedule 2 also applies

s42A(3)

Duty to consult with Head, Transport for

Victoria and Minister for Local Government

before road is specified

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

if road is a municipal road or part thereof

s42A(4)

Power to approve Minister’s decision to

specify a road as a specified freight road

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

if road is a municipal road or part thereof

and Where road is to be specified a

freight road

s48EA

Duty to notify the owner or occupier of land

and provider of public transport on which rail

infrastructure or rolling stock is located (and

any relevant provider or public transport)

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the responsible

road authority, infrastructure

manager or works manager

s.48M(3)

Function of consulting with the relevant

authority for purposes of developing

guidelines under section 48M

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.49

Power to develop and publish a road

management plan

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Assets and Property Services

Manager Capital Works and Building Projects

Road Management Plan to be adopted

by Council resolution following

statutory public notice and submissions

process

s.51

Power to determine standards by

incorporating the standards in a road

management plan

Director Infrastructure and City Services

Manager Engineering and Infrastructure

In consultation with Group Manager

Operations

s.53(2)

Power to cause notice to be published in

Government Gazette of amendment etc of

document in road management plan

Director Infrastructure and City Services

Manager Assets and Property Services

Manager Capital Works and Building Projects

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.54(2)

Duty to give notice of proposal to make a

road management plan

Director Infrastructure and City Services

Manager Assets and Property Services

Manager Capital Works and Building Projects

s.54(5)

Duty to conduct a review of road

management plan at prescribed intervals

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Assets and Property Services

Manager Capital Works and Building Projects

Review of Road Management Plan

requires Council resolution following

statutory public notice and submissions

process

s.54(6)

Power to amend road management plan

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Assets and Property Services

Manager Capital Works and Building Projects

Certain types of amendments to a Road

Management Plan require a public notice

and submissions process

s.54(7)

Duty to incorporate the amendments into the

road management plan

Director Infrastructure and City Services

Manager Assets and Property Services

Manager Capital Works and Building Projects

s.55(1)

Duty to cause notice of road management

plan to be published in Government Gazette

and newspaper

Director Infrastructure and City Services

Manager Assets and Property Services

Manager Capital Works and Building Projects

s.63(1)

Power to consent to conduct of works on road

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

s.63(2)(e) Power to conduct or to authorise the conduct

of works in, on, under or over a road in an

emergency

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

Manager Roads and Cleansing

Operations Projects Coordinator

Where Council is the infrastructure

manager

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.64(1)

Duty to comply with clause 13 of Schedule 7

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

Manager Roads and Cleansing

Where Council is the infrastructure

manager or works manager

s.66(1)

Power to consent to structure etc

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Where Council is the coordinating road

authority

s.67(2)

Function of receiving the name and address

of the person responsible for distributing the

sign or bill

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Where Council is the coordinating road

authority

s.67(3)

Power to request information

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Where Council is the coordinating road

authority

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s.68(2)

Power to request information

Director Infrastructure and City Services

Director City Futures

Manager Engineering and Infrastructure

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Where Council is the coordinating road

authority

s71(3)

Power to appoint an authorised officer

Chief Executive Officer

Director People, Partnerships and Performance

Manager Governance and Risk

All statutory appointments and

authorisations to be made on

recommendation of relevant Director or

Manager

s.72

Duty to issue an identity card to each

authorised officer

Director City Futures

Manager City Regulatory Services

Coordinator City Compliance

Administration Officer (City Compliance)

Authorisation and identity card to be

issued only on authority of relevant

Director or Manager

s.85

Function of receiving report from authorised

officer

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

s86

Duty to keep register re s85 matters

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

s.87(1)

Function of receiving complaints

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s87(2)

Duty to investigate complaint and provide

report

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

s 96

Power to authorise a person for the purpose of

instituting legal proceedings

Chief Executive Officer

Director People, Partnerships and Performance

Manager Governance and Risk

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.112(2)

Power to recover damages in court

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Prosecutions Officer

s116

Power to cause or carry out inspection

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

s.119(2)

Function of consulting with the Head,

Transport for Victoria

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.120(1)

Power to exercise road management

Functions on an arterial road (with the

consent of the Head, Transport for

Victoria)

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

Manager Roads and Cleansing

s120(2)

Duty to seek consent of the Head, Transport

for Victoria to exercise road management

Functions before exercising Power in section

120(1)

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

Manager Roads and Cleansing

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

s121(1)

Power to enter into an agreement in respect of

works

Director Infrastructure and City Services

Manager Engineering and Infrastructure

s.122(1)

Power to charge and recover fees

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

Subject to approved Schedule of Fees

and Charges set through the budget

process

If authorised under Regulations

s.123(1)

Power to charge for any service

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Group Manager Operations

Subject to approved Schedule of Fees

and Charges set through the budget

process

Schedule 2

Clause 2(1)

Power to make a decision in respect of

controlled access roads

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Schedule 2

Clause 3(1)

Duty to make policy about controlled access

roads

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Schedule 2

Clause 3(2)

Power to amend, revoke or substitute policy

about controlled access roads

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Schedule 2

Clause 4

Function of receiving details of proposal from

the Head, Transport for Victoria

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Schedule2

Clause 5

Duty to publish notice of declaration

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Schedule 7,

Clause 7(1)

Duty to give notice to relevant coordinating

road authority of proposed installation of non

road infrastructure or related works on a road

reserve

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Group Manager Operations

Where Council is the infrastructure

manager or works manager

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Schedule 7,

Clause 8(1)

Duty to give notice to any other infrastructure

manager or works manager responsible for

any non-road infrastructure in the area, that

could be affected by any proposed installation

of infrastructure or related works on a road or

road reserve of any road

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the infrastructure

manager or works manager

Schedule 7,

Clause 9(1)

Duty to comply with request for information

from a coordinating road authority, an

infrastructure manager or a works manager

responsible for existing or proposed

infrastructure in relation to the location of

any non-road infrastructure and technical

advice or assistance in conduct of works

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the infrastructure

manager or works manager responsible

for non-road infrastructure

Schedule 7,

Clause 9(2)

Duty to give information to another

infrastructure manager or works manager

Where becomes aware any infrastructure or

works are not in the location shown on

records, appear to be in an unsafe condition

or appear to need maintenance

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the infrastructure

manager or works manager

Schedule 7,

Clause 10(2)

Where Schedule 7 Clause 10(1) applies,

Duty to, Where possible, conduct

appropriate consultation with persons likely

to be significantly affected

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Group Manager Operations

Where Council is the infrastructure

manager or works manager

Schedule 7

Clause 12(2)

Power to direct infrastructure manager or

works manager to conduct reinstatement

works

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Schedule 7

Clause 12(3)

Power to take measures to ensure

reinstatement works are completed

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Schedule 7

Clause 12(4)

Duty to ensure that works are conducted by

an appropriately qualified person

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Schedule 7

Clause 12(5)

Power to recover costs

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Schedule 7,

Clause 13(1)

Duty to notify relevant coordinating road

authority within 7 days that works have

been completed, subject to Schedule 7,

Clause 13(2)

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the works manager

Schedule 7

Clause 13(2)

Power to vary notice period

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Schedule 7,

Clause 13(3)

Duty to ensure works manager has complied

with obligation to give notice under Schedule

7, Clause 13(1)

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the infrastructure

manager

Schedule 7

Clause 16(1)

Power to consent to proposed works

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Schedule 7

Clause 16(4)

Duty to consult

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating

road authority, responsible authority or

infrastructure manager

Schedule 7

Clause 16(5)

Power to consent to proposed works

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Schedule 7

Clause 16(6)

Power to set reasonable conditions on

consent

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Schedule 7

Clause 16(8)

Power to include consents and conditions

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Schedule 7

Clause 17(2)

Power to refuse to give consent and Duty to

give reasons for refusal

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Schedule 7

Clause 18(1)

Power to enter into an agreement

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Schedule 7

Clause 19(1)

Power to give notice requiring

rectification of works

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Manager City Regulatory Services

Where Council is the coordinating road

authority

Schedule 7

Clause 19(2)

& (3)

Power to conduct the rectification works or

engage a person to conduct the rectification

works and Power to recover costs incurred

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating

road authority

Schedule 7

Clause 20(1)

Power to require removal, relocation,

replacement or upgrade of existing non

road infrastructure

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Where Council is the coordinating road

authority

Brimbank Council Meeting No. 637 - 10 September 2024

130 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT ACT 2004

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Schedule 7A

Clause 2

Power to cause street lights to be installed

on roads

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Power of responsible road authority

Where it is the coordinating road

authority or responsible road authority in

respect of the road

Schedule 7A

Clause 3(1)(d)

Duty to pay installation and operation costs

of street lighting - Where road is not an

arterial road

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Strategic Engineering Coordinator

Where Council is the responsible road

authority

Schedule 7A

Clause 3(1)(e)

Duty to pay installation and operation costs of

street lighting – Where road is a service road

on an arterial road and adjacent areas

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Strategic Engineering Coordinator

Where Council is the responsible road

authority

Schedule 7A

Clause

(3)(1)(f),

Duty to pay installation and percentage of

operation costs of street lighting - for arterial

roads in accordance with clauses 3(2) and 4.

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Infrastructure Development Coordinator

Strategic Engineering Coordinator

Duty of Council as responsible road

authority that installed the light (re:

installation costs) and Where Council is

relevant municipal Council (re: operating

costs)

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT REGULATIONS 2015

Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE

CONDITIONS AND LIMITATIONS

r. 6

Function of receiving notice, under section

19(1)(c) of the Act, from a planning authority

of its preparation of an amendment to a

planning scheme

Director City Futures

Manager City Strategy

Manager City Development Services

Coordinator City Planning

Coordinator Strategic Planning

Coordinator Planning Compliance

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Senior Development Planner

Development Planner A

Development Planner B

Principal Planner

Subdivision Officer

Planning Assistant

E-Planning Implementation Officer

Where Council is not the planning

authority and the amendment affects

land within Council’s municipal district;

Where the amendment will amend the

planning scheme to designate Council as

an acquiring authority

Brimbank Council Meeting No. 637 - 10 September 2024

132 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT REGULATIONS 2015

Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE

CONDITIONS AND LIMITATIONS

r.21

Power of responsible authority to require a

permit applicant to verify information (by

statutory declaration or other written

confirmation satisfactory to the responsible

authority) in an application for a permit or to

amend a permit or any information provided

under section 54 of the Act

Director City Futures

Manager City Strategy

Manager City Development Services

Coordinator City Planning

Coordinator Strategic Planning

Coordinator Planning Compliance Principal

Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Development Planner A and B

Senior Development Planner

Principal Planner

Subdivision Officer

Planning Assistant

E-Planning Implementation Officer

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133 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT REGULATIONS 2015

Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE

CONDITIONS AND LIMITATIONS

r.25(a)

Duty to make copy of matter considered

under section 60(1A)(g) in accordance with

the public availability requirements

Director City Futures

Manager City Strategy

Manager City Development Services

Coordinator City Planning

Coordinator Strategic Planning

Coordinator Planning Compliance

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Development Planner A and B

Senior Development Planner

Principal Planner

Subdivision Officer

Planning Assistant

E-Planning Implementation Officer

Where Council is the responsible

authority

Brimbank Council Meeting No. 637 - 10 September 2024

134 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT REGULATIONS 2015

Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE

CONDITIONS AND LIMITATIONS

r.25(b)

Function of receiving a copy of any document

considered under section 60(1A)(g) by the

responsible authority and Duty to make the

document available in accordance with the

public availability requirements

Director City Futures

Manager City Strategy

Manager City Development Services

Coordinator City Planning

Coordinator Strategic Planning

Coordinator Planning Compliance

Principal Strategic Planner

Senior Strategic Planner

Strategic Sites Officer

Strategic Planner

Development Planner A and B

Senior Development Planner

Principal Planner

Subdivision Officer

Planning Assistant

E-Planning Implementation Officer

Where Council is not the responsible

authority but the relevant land is within

Council’s municipal district

r.42

Function of receiving notice under section

96C(1)(c) of the Act from a planning authority

of its preparation of a combined application

for an amendment to a planning scheme and

notice of a permit application

Director City Futures

Manager City Strategy

Manager City Development Services

Coordinator City Planning

Senior Development Planner

Principal Planner

Coordinator Planning Compliance

Coordinator Strategic Planning

Where Council is not the planning

authority and the amendment affects

land within Council’s municipal district;

Where the amendment will amend the

planning scheme to designate Council as

an acquiring authority

Brimbank Council Meeting No. 637 - 10 September 2024

135 of 151

Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

PLANNING AND ENVIRONMENT (FEES) REGULATIONS 2016

Column 1

Column 2

Column 3

Column 4

PROVISION

THING DELEGATED

DELEGATE

CONDITIONS AND LIMITATIONS

r. 19

Power to waive or rebate a fee relating to an

amendment of a planning scheme

Director City Futures

Manager City Strategy

Manager City Development Services

Coordinator Strategic Planning

Where Council is the planning

authority

r.20

Power to waive or rebate a fee other than a

fee relating to an amendment to a planning

scheme

Director City Futures

Manager City Strategy

Manager City Development Services

Coordinator City Planning

Coordinator Strategic Planning

Coordinator Planning Compliance

Where council is the responsible

authority

r.21

Duty to record matters taken into account and

which formed the basis of a decision to waive

or rebate a fee under r.19 or 20

Director City Futures

Manager City Strategy

Manager City Development Services

Coordinator City Planning

Coordinator Strategic Planning

Coordinator Planning Compliance

Where Council is the responsible

authority or planning authority

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2024

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

r.7

Function of entering into a written agreement

with a caravan park owner

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.10

Function of receiving application for registration

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.11

Function of receiving application for renewal

of registration

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.12(1)

Duty to grant the registration if satisfied that

the caravan park complies with these

regulations

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r. 12(1)

Power to refuse to renew the registrations if not

satisfied that the caravan park complies with

these regulations

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.12(2)

Duty to renew the registration if satisfied that

the caravan park complies with these

regulations

Director City Futures

Manager City Regulatory Services

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2024

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Manager City Development Services

Municipal Building Surveyor

r.12(2)

Power to refuse to renew the registration if

not satisfied that the caravan park complies

with these regulations

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r. 12(3)

Duty to have regard to matters in determining

an application for registration or application for

renewal of registration

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.12(4) & (5) Duty to issue a certificate of registration

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.14(1)

Function of receiving notice of transfer of

ownership

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.14(3)

Power to determine Where notice of transfer

is displayed

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.15(1)

Duty to transfer registration to new caravan

park owner

Director City Futures

Manager City Regulatory Services

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2024

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Manager City Development Services

Municipal Building Surveyor

- r. 15(2)

Duty to issue certificate of transfer of

registration

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r. 15(3)

Power to determine where certificate of transfer

of registration is displayed

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.16(1)

Power to determine the fee to accompany

applications for registration or applications

for renewal of registration

Not delegated

Approved Schedule of Fees and

Charges set through the budget

process

r.17

Duty to keep register of caravan parks

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.21(1)

Duty to notify caravan park owner of the

relevant emergency services agencies for

the caravan park, on the request of the

caravan park owner

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.22(2)

Duty to consult with relevant emergency

services agencies

Director City Futures

Manager City Regulatory Services

Manager City Development Services

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2024

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Municipal Building Surveyor

r.22

Power to determine places in which caravan

park owner must display a copy of

emergency procedures

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.23

Power to determine places in which caravan

park owner must display copy of public

emergency warnings

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.24(2)

Duty to consult with relevant floodplain

management authority

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.26(b)(i)

Power to approve system for the discharge of

sewage and waste water from a movable

dwelling

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.38

Function of receiving notice of proposed

installation of unregistrable movable dwelling

or rigid annexe

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.38(b)

Power to require notice of proposal to install

unregisterable movable dwelling or rigid

annexe

Director City Futures

Manager City Regulatory Services

Manager City Development Services

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2024

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Municipal Building Surveyor

r.39(3)

Function of receiving installation certificate

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.45(3)

Power to determine places in which caravan

park owner must display name and

telephone number of an emergency contact

person

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

r.45(5)

Power to determine places in which caravan

park owner must display the certificate of

registration or certificate of renewal of

registration, the plan of the caravan park

and a copy of the caravan park rules

Director City Futures

Manager City Regulatory Services

Manager City Development Services

Municipal Building Surveyor

Brimbank Council Meeting No. 637 - 10 September 2024

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT (GENERAL) REGULATIONS 2016

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

r.8(1)

Duty to conduct reviews of road management

plan

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Assets and Property Services

Manager Capital Works and Building

Projects

Review of Road Management Plan

requires statutory public notice and

submissions process

r.9(2)

Duty to produce written report of review of

road management plan and make report

available

Director Infrastructure and City Services

Manager Assets and Property Services

Manager Capital Works and Building Projects

In consultation with Manager

Engineering and Infrastructure and

Group Manager Operations

r.9(3)

Duty to give notice Where road management

review is completed and no amendments will

be made (or no amendments for which

notice is required)

Director Infrastructure and City Services

Manager Assets and Property Services

Manager Capital Works and Building Projects

Where Council is the coordinating road

authority

r.10

Duty to give notice of amendment which

relates to standard of construction,

inspection, maintenance or repair under

section 41 of the Act

Director Infrastructure and City Services

Manager Assets and Property Services

Manager Capital Works and Building Projects

r.13(1)

Duty to publish notice of amendments to

road management plan

Director Infrastructure and City Services

Manager Assets and Property Services

Manager Capital Works and Building Projects

Where Council is the coordinating road

authority

r.13(3)

Duty to record on road management plan the

substance and date of effect of amendment

Director Infrastructure and City Services

Manager Assets and Property Services

Manager Capital Works and Building Projects

r.16(3)

Power to issue permit

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Director City Futures

Where Council is the coordinating road

authority

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT (GENERAL) REGULATIONS 2016

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Manager City Regulatory Services

r.18(1)

Power to give written consent re damage to

road

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Director City Futures

Manager City Development Services

Municipal Building Surveyor

Manager City Regulatory Services

Where Council is the coordinating road

authority

r.23(2)

Power to make submission to Tribunal

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Director City Futures

Manager City Regulatory Services

Where Council is the coordinating road

authority

r.23(4)

Power to charge a fee for application under

section 66(1) Road Management Act

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Director City Futures

Manager City Regulatory Services

Where council is the coordinating road

authority

Subject to approved Schedule of Fees

and Charges set through the budget

process

r.25(1)

Power to remove objects, refuse, rubbish or

other material deposited or left on road

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Roads and Cleansing

Manager City Regulatory Services

Coordinator City Compliance

Law Enforcement Officer

Where Council is the coordinating road

authority

r.25(2)

Power to sell or dispose of things removed

from road or part of road (after first

complying with r.25(3)

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Roads and Cleansing

Where Council is the coordinating road

authority

Brimbank Council Meeting No. 637 - 10 September 2024

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Attachment 12.4.3

S6 Instrument of DelegationfromCouncil to Staff –September2024

ROAD MANAGEMENT (GENERAL) REGULATIONS 2016

Column 1

Column 2

Column 3

Column 4

PROVISION POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

Director City Futures

Manager City Regulatory Services

r.25(5)

Power to recover in the Magistrates' Court,

expenses from person responsible

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Manager Roads and Cleansing

Director City Futures

Manager City Regulatory Services

Prosecutions Officer

ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2015

Column 1

Column 2

Column 3

Column 4

PROVISION

POWER/FUNCTION DELEGATED

DELEGATE

CONDITIONS & LIMITATIONS

r 15

Power to exempt a person from requirement

under cl 13(1) of sch 7 of the Act to give

notice as to the completion of those works

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority and where consent given

under s 63(1) of the Act

r 22(2)

Power to waive whole or part of fee in certain

circumstances

Director Infrastructure and City Services

Manager Engineering and Infrastructure

Where Council is the coordinating road

authority

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Attachment 12.4.3

Page

Brimbank City Council

Audit and Risk Committee

Audit and Risk Annual Activity Report

September 2024

Brimbank Council Meeting No. 637 - 10 September 2024

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Attachment 12.4.4

Page

Role of the Audit & Risk Committee

The Audit & Risk Committee (the Committee) is an independent committee of Council. Its purpose is to support

and advise Council in fulfilling its responsibilities related to external financial and performance reporting,

maintenance of strong and effective governance and control frameworks, management of key risks and Council’s

compliance with legislation and regulation. The Committee has a prime responsibility in overseeing and

monitoring Council’s various audit processes.

The Committee’s role is to report to Council on the outcomes of its work programme and to provide advice and

recommendations on matters relevant to its Charter. The Committee may also endorse key reports for

consideration by Council.

Independence

An independent Audit & Risk Committee is a fundamental component of a strong corporate governance culture.

Council’s Committee is independent of management and is not involved in any operational decisions. Committee

members do not have any executive powers, management functions or delegated financial responsibilities.

Reporting Period

This report covers the activities of the Committee for the period from 24 November 2023 to 3 September 24,

during which time the Committee met on four occasions as per its Annual Work Plan. The Committee’s previous

Annual Activities Report was for the period ended 1 September 2023.

This means that the report covers the Committee’s work for the meetings held on 24 November 2023, 24

February 2024, 24 May 2024 and 3 September 2024. and aligns with the Committee’s Annual Work Plan.

Purpose of this report

This report has two purposes as follows:

•

It meets the reporting requirements to Council as mandated by section 54(5) of the Local Government Act

2020 (LGA), whereby the Committee is required to biannually report to Council on its activities, findings,

and recommendations. The Committee also provided a mid-year activity report to Council in March 2024;

and

•

It meets Council’s governance requirements whereby Council requires its various Committees to report on

their activities at least annually.

Committee Charter

The Committee’s Charter is set by Council and was adopted by Council on 18 August 2020 following changes

necessitated by the new LGA. The revised Charter became effective on 1 September 2020. The Charter was last

reviewed at the 1 September 2023 ARC meeting with changes mainly to align with the organisational

realignment, the introduction of one additional Councillor as substitute and the introduction of the reporting of

returns for Independent Members. No changes have been made in this ARC period.

Committee membership

Committee membership is comprised of five people appointed by Council, with two members being Councillors

and three members being independent of Council. The independent members are required to have appropriate

skill sets and experience as mandated in section 53 of the LGA. The LGA also requires that there must be a

majority of independent members and that an independent member must be chairperson of the Committee. All

members have full voting rights.

Councillors not appointed to the Committee are welcome to attend meetings but do not have any voting rights.

Committee members have been fully engaged in all meetings held during the reporting period and have made

valuable contributions to the work of the Committee.

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Attachment 12.4.4

Page

Meeting Attendance

Details of membership and meeting attendance for the reporting period are summarised in the table below:

Meetings

Attendee

Role

November 2023 Feb 2024 24 May 2024

3 September

2024

Geoff Harry

(Chair)

Independent

Member

Attended

Attended Attended Attended

Jennifer Johanson

Independent

Member

Attended

Apology

Attended

Mick Jaensch

Independent

Member

Attended Attended Attended Attended

Bruce Lancashire

Councillor

Member

Apology

Sam David

Councillor

Member

Attended

Apology

Attended

Apology

Thomas O’Reilly

Councillor

Member

Apology Not a member Not a member Not a member

Maria Kerr

Councillor

Member

(substitute) Not a member Not a member Attended

(Substitute) Not a member

Ranka Rasic

Councillor

Member

(substitute) Not a member Not a member Not a member Attended

(substitute)

Committee Members

Councillor Lancashire and Councillor David were elected as Councillor representatives for the Audit and Risk

Committee following the annual Committee appointment process in December 2023 which also saw the

completion of Councillor O’Reilly’s term of appointment.

There were no new independent members for 2024.

Municipal Monitors

Municipal monitors Janet Dore and Penelope Holloway were introduced to Council in February to oversee and

report on Councillor conduct. There was monitor representation at ARC meetings on 24 February, 24 May and

3 September.

Executive Leadership Team

The Committee has been strongly supported by Council’s Chief Executive Officer and the executive management

team who have attended majority of meetings as required during the year.

Director of Corporate Services, Mark Stoermer is a new member of Councils Executive Leadership Team in this

reporting period.

External Service Providers

In addition, both the internal audit service provider Crowe and HLB Mann Judd who is the agent of the Victorian

Auditor General’s Office (VAGO) for the external audit have attended meetings as required, and in fact have

attended all meetings during the reporting period.

The Committee enjoys strong and professional working relationships with the entire support team, which is a

critical element in ensuring the Committee delivers positive and insightful support and advice to Council.

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Attachment 12.4.4

Page

Committee Business

The agendas for the four meetings in the reporting period have been driven by the Committee’s Annual Work

Plan (AWP) and all meetings have been fulsome.

Annual Work Plan

The Committee’s activities are closely aligned with its Annual Work Plan (AWP) which reflects its key

responsibilities as set out in the Committee Charter. Annually, the Committee confirms it has discharged its

responsibilities in accordance with the Charter and develops its AWP for the following year. The AWP is reviewed

at every meeting to ensure that it remains reflective of Council’s business activities and ever-changing contextual

environment.

The work of the Committee is summarised below in each of the key areas.

Financial and Performance Reporting

The Committee has two areas of focus here as follows:

1) The quality of the content and commentary in the periodic financial and performance reports provided

to Council in terms of how Council is tracking against the approved Budget and Council Plan; and

2) The quality and content of the annual financial and performance reports that are included in Council’s

annual report. These reports have extensive and complex compliance considerations which the

Committee considers in detail. This requires the Committee to engage with the external auditor when

these reports are submitted to the Committee in September annually for endorsement to Council.

At the 3 September 2024 meeting the Committee considered the annual financial report and the annual

performance statement of Council for the year ended 30 June 2024.

After Committee members reviewed the annual financial report and performance report, received officer

presentations and representations, and reviewed the outcomes of the external audits, the Committee endorsed

the annual financial report and the annual performance statement and recommended that Council sign the

reports ‘in principle’ as required by the LGA.

The Committee was satisfied with these reports, assessing them as being of high quality, and noting that the

matters raised by the external auditors at the conclusion of their work were not substantive in nature.

External Audit

The Victorian Auditor General’s Office (VAGO) appointed Nick Walker of HLB Mann Judd as its agent to

undertake the external audit of Council’s annual financial report and annual performance statement.

The Committee considered the external audit plan for 2023/24 at the May 2024 meeting. VAGO’s closing report

on the outcomes of the audit of the annual financial report and the annual performance statement for 2023/24

were considered at the 3 September 2024 meeting.

The closing report advised that VAGO would issue clear audit opinions on the annual financial report and annual

performance statement. The Committee noted the representations by management to VAGO regarding the

preparation of the annual financial report and the annual performance report and also noted that those

representations contained no qualifications.

The final management letter issued by VAGO at the conclusion of the audit contained no matters of substance,

although some minor recommendations were included. These recommendations related to control

enhancements noted by VAGO whilst undertaking standard audit procedures and were provided to Council as

opportunities for improvement.

In conclusion the Committee resolved that the external audit process had been thorough and was pleased with

the outcomes of the audit which indicated that the systems and controls related to the preparation of the annual

financial report and the annual performance statement were efficient and effective.

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Risk Management

The Committee considered various risk management matters at all meetings with an ongoing focus on the

assessment of strategic risks, related treatment plans and the effectiveness of the risk management framework.

The risk management policy was also reviewed during the reporting period.

Key risk matters on which the Committee was briefed included the following:

1) Potentially Contaminated Land Program Update;

2) ICT Biannual Security Report, including the results of Cybersecurity penetration testing;

3) Review of Strategic Risks;

4) Fraud Awareness Program;

5) Risk Awareness Program.

6) Insurance programme renewal and management of insurance claims (including motor vehicle data);

and

7) Business Continuity Planning.

The Committee believes that Council has remained committed to management of strategic and operational risks

throughout the reporting period and has performed well regarding risk mitigation actions.

Internal Audit

A key responsibility of the Committee is to monitor Council’s internal audit programme. The programme is

outsourced to an appropriately skilled service provider whose work is monitored by the Committee. A rolling

three-year strategic internal audit plan is developed by the service provider to ensure that systems and controls

in the areas of higher risk are regularly reviewed. The Committee reviews the plan annually having regard to

Council’s risk profile and monitors delivery of the plan at every Committee meeting.

The internal audit reports provided at the conclusion of each review contain audit findings and

recommendations for control improvements, together with management responses, and are presented to the

Committee for review at each meeting.

The following is the list of reviews completed by the internal audit service provider and tabled during the ARC

meetings in the reporting period:

•

Contract Management

•

Depot Operations

•

Cyber Security

•

Leases and Licenses

In this period, Council has adopted a new strategic internal audit plan which outlines internal audits to be

completed between July 2024 – June 2025. The audits to be completed are:

•

Occupational Health and Safety – Contractor Management.

•

Accounts Payable.

•

Immunisation Management.

•

Payroll Management.

•

Privacy Act Management (including Third Party Management).

The Committee monitors implementation of internal audit recommendations by the agreed due dates. These

recommendations are prioritised and those with the most immediate needs are monitored by the Committee

at every meeting.

The Committee has been pleased with Council’s performance regarding completion of internal audit

recommendations.

Internal Control Environment and Compliance Management

The Committee considered several reports on the review of policies, systems, and controls during the reporting

period, including reports on the following matters:

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1.) Strategic Risk Management;

2.) Significant Legal and Insurance Matters;

3.) ICT Strategy and project updates;

4.) Business Continuity Planning;

5.) ICT security report;

6.) Potential contaminated land updates;

7.) OHS Strategy and reporting;

8.) Fraud and Awareness Program;

9.) Cyber Security Update Report.

In addition to these matters the Committee considered new or revised policies including the governance policy,

code of conduct, gifts, benefits and hospitality policy and the public transparency policy and noted that Council

had considered alignment of these policies with the Overarching Governance Principles.

Investigations by State Integrity Agencies (VAGO, IBAC, Ombudsman Victoria)

The Committee monitors reports released by State based integrity agencies and receives officer briefings on any

reports that may be relevant to Council. The Committee focusses on whether there are any learnings for Council

arising from these reports and monitors implementation of such improvements.

There have been several integrity agency reports issued in the reporting period which have relevance for Council,

including reports on Governance, Fraud and Corruption, Cyber/IT Security and Finance.

Assessment of the Committee’s Performance

The Committee annually assesses its performance based on a survey completed by Committee members and

officers who interact regularly with the Committee. The most recent assessment was conducted in September

2024 and the Committee will consider the outcomes of the survey at the September 2024 meeting and will

report the results to Council.

Reporting to Council

After all meetings of the Committee minutes are forwarded to the next ordinary meeting of Council, including

any reports that may help to explain outcomes or actions of Committee meetings. In addition, half year and full

year (this report) activity reports on Committee activities, findings and recommendations are provided to

Council.

Officer Support

The Committee fulfils its responsibilities outlined in the Committee Charter guided by its Annual Work Plan. The

success of its work requires significant commitment from many senior officers in developing meeting agendas,

assembling reports and other information, preparing minutes of meetings, and disseminating information to

Committee members between meetings. The Committee acknowledges these efforts and the strong support it

receives from the officers involved.

Conclusion

The Committee is satisfied that it has fully discharged its responsibilities as set out in the Charter. The Committee

believes that Council has a strong control environment that continues to mature and has prudent financial

management practices in place.

Acknowledgements

I would like to take this opportunity, on behalf of all Committee members, to thank Council’s Executive

Management Team and other Council officers for their commitment, contributions to and support of the work

of the Committee. Their assistance is greatly appreciated.

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Geoff Harry

On behalf of the Audit & Risk Committee

September 2024

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