Council decisions and powers

Our Council is a legal entity composed of its members. It can only act in one of two ways: by resolution at a Council meeting, or through Council officers acting on its behalf.

Most Council decisions are not made at Council meetings. Effective functioning of local government would not be possible if they were. Instead, most decision-making is supported by formal delegations.

Council staff can act or make decisions in one of two ways: in accordance with legislation or statutory instruments such as the Local Government Act 1989 and the Local Government Act 2020 (Vic) and the Planning and Environment Act 1987 (Vic), or under Council delegations.

Council delegations

Where Council needs to act through others, the appointment is formalised through a written ‘instrument of delegation’. This delegates powers, duties and functions to Council officers, and in some instances, delegated committees of Council.

Our delegation regime is outlined in Delegation Framework, Policy and Procedures. This document establishes the framework in which Council officers exercise their delegated powers and functions.

These instruments of delegation represent Council’s ‘register of delegations’.

To view the original instruments, contact the Governance unit via governance@mrsc.vic.gov.au or (03) 5422 0333.

Delegations are updated when legislation is amended.

Council to the Chief Executive Officer (CEO) (s5)

An instrument of delegation to the CEO was approved by Council on 13 December 2023:Instrument of Delegation Council to CEO(PDF, 551KB).

Council to positions in the organisation (s6)

An instrument of delegation was approved by Council on 27 April 2022. This instrument covers a range of powers, duties and functions under specific Acts and regulations where the delegation must be from the Council direct to the position: Instrument of Delegation Members of Staff(PDF, 24MB).

CEO to various positions in the organisation (s7) (s7A),  (s13) and (s13A)

The (s7) Instrument of Delegation was approved by the CEO on 13 April 2022 and the (s7A) Instrument of Delegation was approved by the CEO on 7 February 2024. These Instruments also cover powers, duties and functions under a wide range of Acts and regulations, and a range of miscellaneous (i.e. non statutory) items: Instrument of Delegation CEO to Staff(PDF, 3MB) and Instrument of Delegation CEO to staff (S7A(PDF, 59MB)).

The (s13A) Instrument of Delegation(PDF, 6MB) was approved by the CEO on 1 June 2020 and the (s13) Instrument of Delegation(PDF, 7MB) was approved by the Acting CEO on 4 May 2020.

Delegated Committees

Council may delegate powers, duties and functions to members of delegated committees in accordance with sections 11 and 63 of the Local Government Act.

Submitters Delegated Committee

On 26 August 2020, Council established the Submitters Delegated Committee and approved an instrument of delegation to the committee.

Planning Delegated Committee

The Planning Delegated Committee was established by Council on 23 June 2021 as a delegated committee under section 63 of the Local Government Act 2020 to hear from applicants/land owners and objectors/submitters on statutory and strategic planning matters including planning applications and to determine planning matters.

Authorised Officer Register

What is an Authorised Officer?

An Authorised Officer is a Council employee appointed, through an Instrument of Appointment and Authorisation, for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the council.

Who appoints an Authorised Officer?

There are two ways an Authorised Officer can be appointed:

  • by Council at a Council meeting; or
  • by the Chief Executive Officer.

NOTE: The appointment is by means of an Instrument of Appointment and Authorisation that fall under section 224 of the Local Government Act 1989.

What powers does an Authorised Officer have?

Authorised Officer specific powers vary, depending on the piece of Legislation they work under and their position responsibilities. Authorised Officers also have the power to institute proceedings and represent Council in Court.

Authorised Officer identification card:

All Authorised Officers have an identification card with information including: the officer’s photograph and signature and the Chief Executive Officer’s signature.

Register of Authorised Officers:

Council maintains and makes available to the public a register of  Authorised Officers appointed under s.224 and s.224(1A) of the Local Government Act 1989.

Related Information

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