Colac Otway Shire

S7 Instrument of Sub-Delegation by CEO
Unclaimed Money Act 2008
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 11(1)(a) Duty to established a business register of unclaimed money 2 Delegates Where Council is operating as a business.
s 11(1)(b) Duty to by 31 March each year enter in the business register the prescribed details in relation to unclaimed money held as at 1 March in that year. 1 Delegates Where Council is operating as a business.
s 11(3) Power to deduct out of unclaimed money payable to an owner an amount in respect of the reasonable expenses of a business in holding unclaimed money and locating the owner. 1 Delegates Where Council is operating as a business.
s 12(1)(a) Duty to pay to the Registrar an amount equal to all amounts of unclaimed money held on that 1 March less any amounts that have been paid to the owner and any amounts deducted under subsection (3) or section 11(3) 1 Delegates Where Council is operating as a business.
s 12(1)(b) Duty to lodge a return with the Registrar. 1 Delegates Where Council is operating as a business.
s 29(1) Power to apply to the Registrar for repayment of an overpayment of unclaimed money. 1 Delegates Where Council is operating as a business

Application must be made within 5 years after the payment of unclaimed money to the Registrar.

Application under this section cannot be made for money paid to the Registrar under s 12 or 14 of this Act if the Registrar has previously served a notice of assessment or reassessment on the business or trustee that relates to the payment that would be the subject of the application.
s 43 Function of being liable to pay interest on the amount payable that remains unpaid if a default occurs 1 Delegates Where Council is operating as a business.
s 48 Function of being liable to pay a penalty in addition to the amount payable that remains unpaid. 1 Delegates Where Council is operating as a business.
s 53 Duty to pay the penalty within the period specified for that purpose in a notice of assessment or reassessment. 1 Delegates Where Council is operating as a business.
s 56(1) Power to lodge a written objection with the Registrar. 2 Delegates Where Council is operating as a business.
Aboriginal Heritage Act 2006
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
Parts 4, 6 and 8 Powers, functions and duties of a sponsor of a cultural heritage management plan under Parts 4, 6 and 8 of the Aboriginal Heritage Act 2006. 1 Delegates
s 74A(1) Power to enter into an Aboriginal cultural heritage land management agreement with a registered Aboriginal party 1 Delegates
s 74E(1) Duty to give copy of Aboriginal cultural heritage land management agreement to Secretary of the Department of Premier and Cabinet 1 Delegates
Associations Incorporation Reform Act 2012
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 132 Power to nominate a body to which assets should be returned 3 Delegates Where a wound up incorporated association has assets consisting of property supplied by Council (which includes the unexpended portion of a grant)
Audit Act 1994
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 13(1) Duty to pay, to the Consolidated Fund, an amount determined by the Auditor-General to defray the reasonable costs and expenses incurred by or on behalf of the AuditorGeneral in conducting an audit of the financial statements of the public body and expressing an audit opinion on Council under s 11 2 Delegates
s 13(4) Power to dispute the reasonableness of an amount to be paid 3 Delegates
s 17(1) Function of being consulted by the Auditor-General 3 Delegates
s 18(1) Function of receiving a final specification of a performance audit
3 Delegates
s 18(4)(a) Function of receiving an amended specification 3 Delegates
s 18(4)(b) Function of being consulted by the Auditor-General 3 Delegates
s 23(1) Power to enter into an agreement with the Auditor-General for the provision of other auditing services 1 Delegates
s 44 Function of receiving a written notice and power to give consent to entry 3 Delegates
The CEO should be consulted before the power is exercised.
s 45 Power to consent to earlier entry 3 Delegates
The CEO should be consulted before the power is exercised.
s 46(1) Power to request that the Auditor-General, or authorised person, produce proof of identity 3 Delegates
s 47 Duty to provide all reasonable assistance necessary to each of the people listed in s 47(a) – (c) who attends for the purposes of the Auditor-General, or authorised person, exercising the power to enter and inspect Council's premises 3 Delegates
s 48 Power to request that the Auditor-General or authorised person serve an information gathering notice 3 Delegates
s 58(2)(a)(i) & (ii) Duty to give Council's officer or employee a reasonable opportunity to respond in relation to the adverse material 3 Delegates
s 65(2) Duty to give Council's officer or employee a reasonable opportunity to respond in relation to the adverse material 3 Delegates
s 68(1) Function of receiving information acquired by the AuditorGeneral 3 Delegates Where Council is a specified entity
Building Act 1993
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 3(1) Power to appoint municipal building surveyor 1 Delegates The person must be a registered building surveyor (unlimited) as required by s 213
s 11(2) Duty to publish notice in a newspaper if regulation under Part 2 ceases to have effect 2 Delegates
s 25AD(1) Function of receiving written notice of the occurrence of each prescribed event and the prescribed information relating to that event 3 Delegates
s 25BE Function of receiving the building permit number and the information given to the Victorian Building Authority (Authority) by the relevant building surveyor under s 18AA in relation to the application for the building permit number 3 Delegates
s 29A Function of giving consent to building permit for demolition in its capacity as responsible authority under the Planning and Environment Act 1987 3 Delegates
s 29B(1) Duty to give notice where amendment of planning scheme sought in its capacity as responsible authority under the Planning and Environment Act 1987 4 Delegates
s 29B(3) Duty to give notice where request for amendment withdrawn, refused etc. in its capacity as responsible authority under the Planning and Environment Act 1987 4 Delegates
s 30 Function of receiving copy permit, plans and other documents 3 Delegates
s 30B Function of receiving checklist confirming all relevant documents to be provided by building surveyor 3 Delegates
s 31(1) Duty to keep register of building permits 4 Delegates
s 31(2) Duty to make register available for inspection 4 Delegates
s 32 Duty to keep documents 4 Delegates
s 32A(2) Duty to provide Development Victoria notice setting out information in s 32A(3) and a copy of any relevant planning permit within 14 days after being given a copy of building permit under s 30(1), in certain circumstances where s 32A(1) applies 4 Delegates
s 66(b)(i) Function of determining fees 2 Delegates
s 73 Function of receiving copy permit, plans and other documents 3 Delegates
s 74(1) Duty to keep register of occupancy permits, temporary approvals and amendments 4 Delegates
s 74(2) Duty to make register available for inspection 3 Delegates
s 75 Duty to keep documents 3 Delegates
s 80 Function of receiving notification of appointment 3 Delegates
s 80A(3)(a) Function of receiving written notice of designated building surveyor referred to in s 80A(2) 3 Delegates
s 80A(4)(a) Function of receiving notice of the new designated building surveyor 3 Delegates
s 80C(4)(c) Function of receiving a copy of the transfer form 3 Delegates
s 80D(6)(b) Function of receiving notification of functions being transferred from an employee building surveyor or a designated building surveyor in accordance with a direction under s 80D(1) or (2) 3 Delegates
s 81(2) Function of receiving notification for work terminated 3 Delegates
s 83F Function of receiving notice of appointment of manager for private building surveyor's business from the Authority 3 Delegates
s 101(2) Function of receiving copy documents 3 Delegates
s 120(2)(a) Function of receiving notification that an order is complied with 3 Delegates
s 123(1) Power to determine whether to recover from the owner the costs of work carried out or action taken under Part 8 Division 3 of the Act by the municipal building surveyor as a debt due to Council pursuant to s 123(1) of the Act 2 Delegates
s 123(2) Power to determine whether to apply any sum or part of any sum for which a bond or undertaking is deposited with Council under a condition imposed on a permit under s 22 of the Act towards the costs of carrying out work or taking action pursuant to s 123(2) of the Act 2 Delegates
s 125(1) Function of receiving copy notice or order 3 Delegates
s 125(2) Function of receiving written notice of the compliance, amendment or cancellation 3 Delegates
s 126(1) Duty to keep register of emergency orders, building notices and building orders 3 Delegates
s 126(2) Duty to make register available for inspection 3 Delegates
s 138(5) Power to appeal to the Building Appeals Board 2 Delegates Where Council is a 'prescribed reporting authority'
s 160(3)(d) Power to make application to the Building Appeals Board 2 Delegates
s 162(1)(a)(i) Function of being consulted by the Building Appeals Board 2 Delegates
s 162(4)(b) Function of entering into an agreement when directed by Building Appeals Board 2 Delegates
s 164(1) Power to agree to terminate or vary agreement 2 Delegates
s 164(2) Power to terminate or vary agreement 2 Delegates
s 164(4) Power to apply for approval 2 Delegates
s 165(1)(a) Duty to lodge copy or give notice 2 Delegates
s 165(1)(b) Duty to apply to agreement made in the Register 2 Delegates
s 192(1) Function of consulting with Minister regarding Alpine resorts 1 Delegates
s 192A(7) Function of receiving a copy of the map prepared by the Minister 3 Delegates
s 192A(8) Duty to make a copy of the most recent map available for inspection by members of the public without charge, during business hours, at Council's offices 4 Delegates
s 214(1) Power to enter into agreement 2 Delegates
s 215(1) Power to enter into agreements with a private building surveyor 2 Delegates
s 216A Power to apply to the Minister for exemption 2 Delegates
s 216C Power to appoint a municipal building surveyor to carry out certain functions outside of the municipal district 2 Delegates
s 216D(2) Duty to establish and maintain a register of swimming pools located in Council's municipal district 3 Delegates
s 216D(5)(a) Duty to submit, on request, all or any part of the information, record and document recorded in the register to the Authority 3 Delegates
s 216D(5)(b) Duty to submit, on request, all or any part of the information, record and document recorded in the register to any other prescribed person, agency or body 3 Delegates
s 222 Function of receiving order from Minister 3 Delegates
s 230(2) Duty to keep a register containing the prescribed information relating to the exercise of a power of entry under Subdivision 5 by any of the authorised persons referred to in s 230(2)(a) and (b) 3 Delegates
s 230(7)(a) Duty to keep the prescribed information relating to each exercise of a power of entry under Subdivision 5 for 10 years after the date of the entry 3 Delegates
s 230(7)(b) Duty to make the register required under s 230(2) available for inspection by the Authority on request, and at a time agreed to between Council and the Authority 3 Delegates
s. 230(7)(c) duty to provide an extract under s 230(6), if requested 3 Delegates
s 232 Power to receive complaints about the exercise of a power under Part 13 Division 2 by Council's municipal building surveyor, or a person authorised by Council's municipal building surveyor to act on behalf of the municipal building surveyor 4 Delegates
s 234A Duty to consider the complaint and give a written report to the complainant of the person's consideration of the complaint 2 Delegates If the complaint is brought under Part 13 Division 2 of the Act
s 236(7) Power to consent to remove or deface an order or notice put up under s 236(4) or 236(4A) 2 Delegates
s 241(1)&(4) Power to authorise a person or persons to bring proceedings for a summary offence against Part 3, 4, 5, 7 or 8 of the Act or the building regulations within Council's municipal district pursuant to s 241(1) and 241(4) 2 Delegates
s 242 Function of receiving funds recovered through prosecution 2 Delegates
s 252(1) Power to determine whether to apply to the Magistrates' Court for a warrant under s 252 of the Act if a person refuses to vacate a building or land when required to do so by order under the Act pursuant to s 252(1) of the Act 2 Delegates
s 259AB(1) Function of entering an information sharing arrangement with the Authority 2 Delegates Subject to s 259AB(2)
Where Council is a relevant agency
s 259AB(3) Power to request and receive information held by the Authority, and power to disclose information to the Authority 2 Delegates Only to the extent that the information is reasonably necessary to assist in the exercise of functions under this Act, or the functions of Council
Where Council is a relevant agency
s 259AB(4)(a) Function of being referred, by the Authority, any matter (including any complaint) with respect to building work, plumbing work or architectural services 2 Delegates Where Council is a building regulator
s 259AB(4)(b) Function of receiving from the Authority any matter of a type described in s 259AB(4)(a) 2 Delegates Where Council is a building regulator
s 259AB(4)(c) Function of conducting a joint investigation with the Authority into any matter of a type described in s 259AB(4)(a) 2 Delegates Where Council is a building regulator
s 259AB(5) Power to, despite any other Act or law of the State, refer a matter referred to in s 259AB(4) to the Authority, or to conduct an investigation into the matter jointly with the Authority 2 Delegates Where Council is a building regulator
sch 2 cl 1(c)(i) Function of determining fees 1 Delegates
sch 2 cl 4(2) Function of receiving copy application 3 Delegates
sch 2 cl 4(3) Function of receiving fees 3 Delegates
sch 2 cl 4(4) Power to fix fees in accordance with cl 4(5) 1 Delegates
sch 2 cl 4A(2)(b) Duty to give the owner of the allotment an opportunity to make a submission in respect of the possible detriment 2 Delegates Where Council is the 'reporting authority'
Catchment and Land Protection Act 1994
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 22A(4) Function of receiving a copy of the Minister's declaration 2 Delegates
s 22B Duty to prepare a roadside weed and pest animal management plan 2 Delegates Where a declaration has been made in respect of Council's municipal district, under s 22A

See also s. 22C for the contents of the plan
s 22C(3) Function of determining which additional information to include in a roadside weed and pest animal management plan 2 Delegates
The GMIO is to be consulted if additional information is included
s 22D Duty to have regard to matters in s22D(a) - (c) when preparing a roadside weed and pest animal management plan 2 Delegates
s 22E(1) Duty to submit proposed roadside weed and pest animal management plan within 120 days of Minister's declaration 2 Delegates
s 22E(2) Power to apply in writing to the Minister to request an extension of time to submit the proposed roadside weed and pest animal management plan 2 Delegates
The CEO is to be consulted prior to an application to the Minister being lodged
s 22F Duty to comply with procedure described in s 22F before preparing roadside weed and pest animal management plan 2 Delegates
s 22G Duty to comply with request of Minister to provide a revised roadside weed and pest animal management plan 2 Delegates
s 22H Function of receiving notice from the Minister of approval of roadside weed and pest animal management plan 2 Delegates
s 22I(1) Duty to publish the approved roadside weed and pest animal management plan on Council's website as soon as practicable after plan is approved 2 Delegates
s 22I(2) Duty to ensure that copies of the approved roadside weed and pest animal management plan are available for inspection during normal office hours 2 Delegates
s 22J Duty to implement measures set out in approved roadside weed and pest animal management plan 2 Delegates
s 22K(1),(2)&(3) Power to request, in writing, that the Minister approve a variation of its approved roadside weed and pest animal management plan 2 Delegates
s 22K(4) Function of receiving notice of Minister's decision to approve or refuse to approve the request for a variation of roadside weed and pest animal management plan 2 Delegates
s 22L Function of receiving Minister's request to vary approved roadside weed and pest animal management plan 2 Delegates
s 22M(1) Duty to publish a consolidated version of its approved roadside weed and pest animal management plan on its website as soon as practicable after variation under s 22K or 22L 2 Delegates
s 22M(2) Duty to ensure that a consolidated version of its approved roadside weed and pest animal management is available for inspection 2 Delegates
s 22N(2) Function of receiving notice of Minister's intention to suspend the approval of a roadside weed and pest animal management plan 2 Delegates
s 22N(2) Function of submitting to the Minister reasons why the approval of the roadside weed and pest animal management plan should not be suspended 2 Delegates
s 22N(3) Function of receiving notice of Minister's decision 2 Delegates
s 22O(2) Function of receiving notice of Minister's intention to revoke his or her approval of a roadside weed and pest animal management plan 2 Delegates
s 22O(2)(b) Function of submitting to the Minister reasons why the approval of the roadside weed and pest animal management plan should not be revoked 2 Delegates
s 22O(3) Function of receiving notice of Minister's decision to revoke his or her approval of a roadside weed and pest animal management plan 2 Delegates
s 22P(1) Function of receiving request to provide the Minister with specified information or documentation 2 Delegates
s 22P(2) Duty to provide Minister with requested information or documentation 2 Delegates
s 22Q Duty to provide Minister with a written report setting out the outcomes of the measures set out in the plan within 30 days after the plan ceases to operate 1 Delegates
Child Wellbeing and Safety Act 2005
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
ss 19 & 23A Duty to comply with the Child Safe Standards 4 Delegates Where Council is a Schedule 1 entity
s 25 Function of receiving education, information and advice from the Commission for Children and Young People regarding the Child Safe Standards 4 Delegates
s 29A(2)(a) Function of receiving notice of inspection of the relevant premises by an authorised officer 3 Delegates
s 30 Duty to comply with notice to provide documents given under s 30(1A) 3 Delegates
s 31 Duty to comply with notice to comply given under s 31(1) 1 Delegates
The GMCE shall be advised if a notice to comply is received
s 34C Duty to comply with an adverse publicity order
3 Delegates
s 36 Duty to ensure that the Commission, a sector regulator or authorised person is given any assistance reasonably required to perform functions 3 Delegates
s 36A Function of receiving an official warning from the sector regulator 1 Delegates
s 36B Function of receiving infringement notice 1 Delegates
s 36C(1) Power to make an enforceable undertaking 1 Delegates
s 36C(3) Power to withdraw or vary an enforceable undertaking 1 Delegates Must be in writing.
s 41I Power to seek review by the sector regulator of decision by the Commission to issue a notice to produce or a notice to comply, or to issue an official warning or to publish information 2 Delegates
s 41J Power to apply to VCAT for a review of the sector regulator to issue a notice to comply or to publish information 2 Delegates Must have first exhausted all available avenues for review under s 41I
s 41M Function of being given opportunity to comment on adverse comment or opinion to be included in annual report or further report 3 Delegates
s 41V Power to, on Council's own initiative, disclose confidential information, other than excluded information, to another information sharing entity 3 Delegates Where Council is an 'information sharing entity' and a 'disclosing entity'
s 41V Function of receiving confidential information, other than excluded information 3 Delegates Where Council is an 'information sharing entity' and a 'receiving entity'
s 41W(1) Power to request another information sharing entity to disclose confidential information, other than excluded information 3 Delegates Where Council is an 'information sharing entity' and a 'requesting entity'
s 41W(1) Function of receiving confidential information, other than excluded information 3 Delegates Where Council is an 'information sharing entity' and a 'requesting entity'
s 41W(1) Function of receiving a request for confidential information, other than excluded information 3 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 41W(2) Power to disclose to the responding entity any confidential information that may assist the responding entity 3 Delegates Where Council is an 'information sharing entity' and a 'requesting entity'
s 41W(2) Function of receiving confidential information from an information sharing entity 3 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 41W(3) Duty to comply with a request made under s 41W(1) 3 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 41W(4) Duty to provide reasons, in writing, as to why Council cannot comply with a request made under s 41W(1) 3 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 41W(4) Function of receiving reasons from a responding entity as to why it cannot comply with a request made under s 41W(1) 3 Delegates Where Council is an 'information sharing entity' and a 'requesting entity'
s 41Y Power to disclose confidential information, other than excluded information, to any person set out in s 41Y(1)(a) – (c) 3 Delegates Where Council is an 'information sharing entity'
s 41Z Power to collect and use any confidential information disclosed to Council under Part 6A 3 Delegates Where Council is an 'information sharing entity'
s 41ZC Duty to record prescribed information in respect of its collection, use and disclosure of confidential information 3 Delegates Where Council is an 'information sharing entity'
s 41ZD(2) Power to collect, use or disclose confidential information 2 Delegates Where Council is an 'information sharing entity' within the meaning of Part 5A of the Family Violence Protection Act 2008
s 41ZF Power to refuse to give an individual access to their confidential information under a relevant privacy law 3 Delegates Where Council is an 'information sharing entity'
s 43(1)(a) Function of receiving notice of the birth of a child 2 Delegates Where the mother of the child usually resides in Council's municipal district
s 43(1)(b) Function of receiving notice of the birth of a child 2 Delegates When the municipal district in which the mother usually resides is unknown and the birth occurs in Council's municipal district
Children Youth and Families Act 2005
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 23(1) Function of being allocated money by the Secretary for the purposes of Part 3.1 2 Delegates
s 25 Power to use land or property for the purposes of the Department of Health and Human Services 2 Delegates Where authorised by the Secretary
s 26 Function of entering into an agreement with the Secretary 2 Delegates
s 30 Function of having matters referred to it by the Secretary to provide advice, services and support to the child, family of the child or mother of the unborn child 3 Delegates Where Council is not registered as a community service but is established to provide services to meet the needs of children requiring care, support, protection or accommodation and of families requiring support
s 192 Power to provide information to the Secretary 2 Delegates
s 196 Function of receiving written direction from an authorised officer in relation to disclosure of information 2 Delegates
s 197 Duty to comply with written direction from authorised officer 2 Delegates
Children's Services Act 1996
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 166(1) Function of receiving, from the Regulatory Authority, information in respect of a children's service for a purpose listed in s 166(2) 2 Delegates
Circular Economy (Waste Reduction and Recycling) Act 2021
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 50(2) Function and power of sharing information or data with the Head, Recycling Victoria where permitted 1 Delegates
s 56 Power to enter into an agreement with the Head, Recycling Victoria 1 Delegates
s 57 Function of receiving advice and support from the Head, Recycling Victoria 1 Delegates
s 58 Duty to have regard to guidelines issued by the Head, Recycling Victoria 1 Delegates
s 60 Duty to provide municipal residual waste and municipal recycling services 1 Delegates
Climate Change Act 2017
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 46 Power to make statement (a Council pledge) in respect of greenhouse gas emissions reductions 2 Delegates Council must consider factors, and include details prescribed, in s 47

The CEO shall be consulted before a statement is made.
s 48 Duty to give copy of Council pledge to Minister as soon as practicable following preparation 2 Delegates
s 49(3) Duty to have regard to any directions of Minister regarding preparation of an emissions reduction pledge 2 Delegates
s 82(1) Function of receiving notice of proposed Carbon Sequestration Agreement 2 Delegates Where Council is the public land manager

The CEO shall be advised if notice is received
Conservation, Forests and Land Act 1987
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 66(1) Duty to submit plans to the Secretary to the Department of Environment, Land, Water and Planning of specified works prior to their commencement 4 Delegates Specified works are listed in sch 3 of the Act
s 67 Power to take action contrary to a Code of Practice if paragraphs (a) and (b) apply 2 Delegates
Country Fire Authority Act 1958
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 36 Function of providing fire hydrants when so requested by the Authority 2 Delegates
s 41A Power to recover costs of serving notice by fire prevention officer 2 Delegates
s 42(1) Power to request officers and members of any CFA brigade to carry out work (including burning) for the removal or abatement of any fire danger or for the prevention of fire 2 Delegates
s 42(2) Duty to pay for work undertaken 2 Delegates
s 43(1) Duty to take all practicable steps to prevent occurrence of fires and minimise the danger of spread of fires 2 Delegates
s 43(2) Power to acquire equipment, etc. for purposes of s.43(1) and pay for it out of municipal fund 2 Delegates
s 50F(1) Power to prepare Neighbourhood Safer Places Plan 2 Delegates
s 50F(4) Duty to publish and make the Neighbourhood Safer Places Plan available at Council's office for public inspection during office hours free of charge 2 Delegates
s 50G(1) Duty to identify and designate places as neighbourhood safer places 2 Delegates
s 50G(4) Duty to ask the CFA to assess the neighbourhood safer place 2 Delegates
s 50H(1) Duty to ensure that appropriate signage is provided at neighbourhood safer places 2 Delegates
s 50I Duty to maintain all designated neighbourhood safer places 2 Delegates
s 50J(1) Duty to conduct an annual review of designated neighbourhood safer places by 31 August of each year 2 Delegates
s 50J(2) Duty to ask the CFA to assess each neighbourhood safer place 3 Delegates
s 50J(5) Power to decommission a neighbourhood safer place if paragraphs (a) or (b) apply 2 Delegates
s 96A(1)(a) Duty to appoint fire prevention officer 3 Delegates
s 96A(1)(b) Power to appoint assistant fire prevention officers 3 Delegates
s 109C Function of receiving funds for penalties recovered under s 41E 2 Delegates
Cultural and Recreational Lands Act 1963
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 4 Function of receiving rates 2 Delegates
Dangerous Goods Act 1985
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 29 Function of receiving statement from the Victorian WorkCover Authority about details of dangerous goods on licensed premises 5 Delegates
Development Victoria Act 2003
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 13(1) Function of entering into agreement with Development Victoria concerning particular issues 1 Delegates Function of 'public statutory body'
CEO retains power – Not delegated
s 39(2) Duty to comply with order from Governor in Council issued under s.39(1) to surrender land in a project area 1 Delegates Duty of 'public statutory body'
CEO retains power – Not delegated
s 51I(3)(b) Function of receiving notice of resolution levying a general charge from Development Victoria 1 Delegates
The CEO, GMCS and MFS shall be advised if a notice is received
s 51Q(3)(b) Function of receiving notice of resolution levying an infrastructure recovery charge from Development Victoria 1 Delegates
The CEO, GMCS and MFS shall be advised if a notice is received
s 51ZA Function of receiving written notice of charge from Development Victoria, where Council has submitted notice to Authority pursuant to s 21(2A) of the Subdivision Act 1988 1 Delegates
s 56D(1) Duty to give relevant Ministers and Treasurer statement allocating the property, rights and liabilities of Council in relation to designated project to Development Victoria 1 Delegates Duty of 'nominated agency'
CEO retains power – Not delegated
s 56D(4) Function of complying with request from Treasurer and relevant Minister to amend statement under s 56D(1) 1 Delegates Function of 'nominated agency'
s 56E(1) Function of issuing certificate certifying that property, rights or liabilities of Council have been allocated to Development Victoria 1 Delegates Function of 'nominated agency'
The CEO is to be advised prior to issuance of certificate
s 56E(2) Duty to revoke certificate given under s 56E(1) and replacing with a new certificate, if directed by Treasurer and relevant Minister 1 Delegates Duty of 'nominated agency'
s 56E(3) Duty to keep register of certificates issues under s 56E, and make reasonably available for inspection 1 Delegates Duty of nominated agency
The CEO and all GM's are to be advised of changes to the register
Disability Act 2006
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 38(4) Power to prepare a Disability Action Plan, in accordance with s 38 1 Delegates
The CEO and GMCE must be consulted prior to commencement of preparation of a Disability Action Plan.
s 38(5) Duty to report on the implementation of the Disability Action plan in Council's annual report 1 Delegates If a plan is prepared under s 38(4) or is taken to be prepared under s 38(2)
s 38(5A) Duty to ensure certain disability matters are addressed in the Council Plan 1 Delegates If Council has not determined to prepare a plan under s 38(4) or are not taken to have prepared a plan under s 38(2)
The MCC is to be consulted in disability matters to be included in the Council Plan.
Domestic Animals Act 1994
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 10 Function of receiving applications for registration of dogs or cats 4 Delegates
s 10A(4) Duty to not register or renew the registration of a dangerous dog or a restricted breed dog unless the dog is (a) desexed or (b) a dangerous dog that is not a restricted breed dog and is exempt under s 10B(1)(c), 10B(1)(d) or 10B(1)(e) from the requirement to be desexed or (c) a restricted breed dog that is not a dangerous dog and is exempt under s 10B(1)(e) from the requirement to be desexed 4 Delegates
s 10C(1) Duty to not register a dog or cat unless the dog or cat (a) has been implanted with prescribed permanent identification device or (b) is of a class of dogs exempt under a resolution made under s 10D(3), from the requirement to be implanted with such a device or (c) is otherwise exempted under the Act from the requirement to be implanted with such a device or (d) subject to s 10C(2), has previously been registered with Council at any time in the 12 month period immediately before the application for registration was lodged 4 Delegates
s 10C(5) Duty to cause to be published a copy of the resolution 2 Delegates
s 10C(6) Duty to not register or renew registration of dangerous dog, menacing dog or restricted breed dog unless the dog has been implanted with permanent identification device 2 Delegates
s 10D(6) Duty to cause to be published a copy of the resolution 2 Delegates
s 12(1) Power to appoint an agent for Council in the registration of cats and dogs 3 Delegates
s 13 Function of receiving notification of sale by domestic animal business or foster carer (including where the animal was not registered) 3 Delegates
s 14(b) Power to approve form of registration or renewal of registration of dogs and cats 2 Delegates
s 15(2) Power to permit pro-rata fees for dogs or cats registered for part of a year 2 Delegates
s 15(6) Duty to waive 50% of a registration fee of dogs or cats if paragraphs (a) or (b) apply 2 Delegates
s 16 Duty to register or renew the registration of a dog or cat (other than a dangerous or restricted breed dog) in certain circumstances 3 Delegates
s 17(1) Power to register or renew the registration of a dangerous dog and impose conditions upon the registration 3 Delegates
s 17(1A)(a) Power to register or renew the registration of a restricted breed dog 3 Delegates Under ss 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under s 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device
s 17(1A)(b) Power to impose conditions on the registration or the renewal of the registration of a restricted breed dog 3 Delegates Under ss 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under s 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device


s 17(2) Duty to notify owner and allow owner opportunity to make submissions, if Council proposes not to register or renew the registration of a dangerous dog or restricted breed dog 2 Delegates
s 17(3) Duty to consider submissions in relation to the registration or renewal of registrations of a dangerous dog before making decision 3 Delegates
s 17(4) Duty to serve written notice of decision not to register or renew registration of dangerous dog or restricted breed dog 2 Delegates
s 18(1) Duty to keep register and allow inspection of register of all registered dogs and cats 2 Delegates
s 18(2)(b) Power to fix fee for inspection of registrations of dogs and cats in the municipality 2 Delegates
s 18(3) Power to fix fees for making of records or obtaining certificates 2 Delegates
s 19(1)(a) Duty to allocate a registration number to every dog and cat which is registered 3 Delegates
s 19(1)(b) Duty to give or send the owner a registration certificate 3 Delegates
s 19(1)(c) Duty to issue to the owner an identification marker 4 Delegates
s 23(6) Duty to give owner or occupier of the private property a copy of a notice served under s 23(3) 2 Delegates
s 25(3) Duty to cause to be published any orders made by Council under s 25 2 Delegates
s 26(2A) Duty to obtain agreement of owner or occupier of private property, where Council proposes to make, by resolution, an order under s 26(2) 2 Delegates
s 26(3) Duty to cause to be published any orders made by Council under s 26 2 Delegates
s 33A(1) Duty to accept any dog or cat kept surrendered to Council by the owner of the animal 2 Delegates
s 33A(3) Duty to give Secretary certain information about a dog under its control if dog exhibits aggressive behaviour, may have been involved in a dog attack or may be a restricted breed dog 2 Delegates This information must be given to the Secretary in the time specified in s 33A(4)
s 33A(2)(b) Duty to deal with surrendered dog or cat in accordance with the Act, the regulations and relevant Codes of Practice 2 Delegates
s 34(1) Power to declare a dog dangerous 2 Delegates
s 34(2) Duty not to declare a dog dangerous in certain circumstances 2 Delegates
s 35(2) Duty to notify the owner and receive written and oral submissions from the owner if proposing a dog be declared dangerous 2 Delegates
s 35(3) Duty to consider materials submitted before making a declaration 2 Delegates
s 36 Duty to give written notice of a declaration to owner 2 Delegates
s 37 Function of receiving notification from owners of certain dogs 3 Delegates
s 41B(1) Duty to notify the owner and allow it the opportunity to make submissions to the Council 3 Delegates
s 41C Duty to give notice of a menacing dog declaration to owner 3 Delegates
s 41D Function of receiving notification in relation to menacing dog 2 Delegates
s 41F Function of receiving notification from owners of restricted breed dogs 2 Delegates
s 41J(2)(a) Power to issue a permit to own more than 2 restricted breed dogs to any person who has applied to the Council for such a permit 3 Delegates
s 41J(2)(b) Power to issue a permit to keep more than 2 restricted breed dogs at a premises to any person who has applied to the Council for such a permit 3 Delegates
s 41J(3) Power to fix fee for application for permit 3 Delegates
s 44(1) Power to require restraint of animals 3 Delegates If Council has made a relevant local law prohibiting the keeping of animals in a specified area
s 44(2) Duty to give written notice of requirement in s 44(1) 3 Delegates
s 44AC(1)(c) Power to inspect information kept on register of dangerous, menacing and restricted breed dogs, in accordance with the regulations 3 Delegates
s 44AE Duty to provide details of dangerous, menacing or restricted breed dogs to Secretary 2 Delegates
s 44AEA Duty to provide to the Secretary information relating to a dog destroyed under s 84TA, 84TB, 84TC 2 Delegates
s 44AF Duty to provide to the Secretary information relating to dangerous, menacing or restricted breed dogs 2 Delegates
s 44AG Duty to provide to the Secretary information about owners of dangerous, menacing or restricted breed dogs 2 Delegates
s 44AH Duty to provide, when requested under s 44H (1) a statement to Secretary confirming that information previously provided by Council is accurate 2 Delegates
s 46(1) Function of receiving applications to register a premises 3 Delegates
s 46(2) Power to approve form of registration of domestic animal businesses and information required 2 Delegates
s 46(3) Function of requiring and receiving any further information relating to an application Council 3 Delegates
s 47(1) & (2) Power to register and impose any terms, conditions, limitations or restrictions on the registration of premises for the purposes of a domestic animal business 2 Delegates
s 48(2) Power to approve form of renewal of registration 2 Delegates
s 48(3) Power to approve form of renewal of registration and information required 3 Delegates
s 48(4) Function of requiring and receiving any further information relating to the application Council 3 Delegates
s 49(1) Power to fix fees for registration or renewal of registration of domestic animal premises 2 Delegates
s 49(2) Power to refund all or part of application fee 2 Delegates
s 52(1) Function of receiving an application for transfer of registration to a new premises 4 Delegates
s 52(2)(a) Power to approve form of application to transfer registration 2 Delegates
s 52(2)(c) Power to fix fee for transfer of registration and information required 2 Delegates
s 52(3) Function of requiring and receiving any further information relating to the transfer of registration 2 Delegates
s 52(4) Power to register new (transferred) premises as a domestic animal business and impose any terms, conditions, limitations or restrictions on that registration 2 Delegates
s 54(1) Power to refuse to register or renew the registration, refuse to transfer registration, suspend registration and revoke registration of premises 2 Delegates
s 54(2) Power to act in accordance with s 54(1) if satisfied that the circumstances of s 54(2)(a) or (b) are in existence 2 Delegates
s 54(3) Duty to refuse to register or renew the registration of a premises in relation to a breeding domestic animal business in certain circumstances 3 Delegates
s 54(3A) Duty to refuse to register, renew the registration of, or transfer the registration of a premises on which a domestic animal business is, or is proposed to be conducted, that is an animal shelter, a pet shop or a pound in certain circumstances 3 Delegates
s 54(3B) Duty to refuse to register, renew the registration of, or transfer the registration of a premises on which a domestic animal business is, or is proposed to be conducted, that is a breeding domestic animal business in certain circumstances 3 Delegates
s 54A(1) Duty to refuse to register the premises in respect of which the application is made if s 54A(a), (b) or (c) applies 3 Delegates
s 54A(2) Duty to refuse to register the premises in respect of which the application is made if a breeding domestic animal business or a pet shop is being conducted, or is proposed to be conducted, on the rateable property on which the premises is located 3 Delegates
s 54A(3) Duty to refuse to register the premises in respect of which the application is made if a breeding domestic animal business or an animal shelter is being conducted, or is proposed to be conducted, on the rateable property on which the premises is located 3 Delegates
s 54B Duty to refuse to register the premises on which a breeding domestic animal business is proposed to be conducted 3 Delegates
s 54C Duty to refuse to transfer the registration of premises on which a breeding domestic animal business is being conducted to another premises 3 Delegates
s 54D Duty to refuse to renew the registration of a premises on which a breeding domestic animal business is being conducted 3 Delegates
s 55 Duty to give notice if it is proposed that the powers under ss 54, 54A, 54B, 54C or 54D will be exercised 3 Delegates
s 56 Duty to receive both oral and written submissions and take into account any submissions 2 Delegates
s 57(1) & (2) Duty to serve notice of decision and give reasons for decision 2 Delegates
s 58AD(1)(a) Function of receiving a request from the chief veterinary officer for a report on the premises on which the domestic animal business is conducted 3 Delegates
s 58AD(2) Duty to include a copy of any report from an entry and search of the premises under Part 7 carried out in the 5 years preceding the application for grant or renewal of approval 3 Delegates
s 58AI(1)(a) Power to cancel or not renew a commercial dog breeder approval 3 Delegates Where Council is the 'relevant Council'
s 58AI(1)(b) Power to suspend a commercial dog breeder approval 3 Delegates Where Council is the 'relevant Council'
s 58AI(2) Duty to give the Minister notice of any suspension, cancellation or refusal to renew 3 Delegates
s 58AL Function of receiving notice of the Minister's grant, renewal, refusal to grant or renew, revocation or cancellation of a commercial dog breeder approval as soon as possible after it occurs 4 Delegates Where Council is the relevant Council
s 58B Power to apply to Minister to register premises as premises on which domestic animal business conducted 3 Delegates
s 58C(3) Duty to comply with the terms, conditions, limitations and restrictions on registration of premises under s 58C 3 Delegates
s 58D(2) Power to apply to Minister for renewal of registration of premises 3 Delegates
s 58E Duty to pay fee with application for registration or renewal of registration of premises 3 Delegates
s 58F Power to surrender registration of premises on which domestic animal business conducted by notice to Minister 3 Delegates
s 58G Duty to notify the Minister of transfer of registration 3 Delegates
s 58J Power to make submissions to the Minister regarding Minister's exercise of power under s 58H 3 Delegates
s 58K Function of receiving notice of Minister's decision 3 Delegates
s 58P Function of receiving, from the Minister, a copy of the permit (including any conditions imposed on the permit) 3 Delegates Where Council is the 'relevant Council'
s 58Q(3) Function of receiving, from an authorised officer who has given a direction under s 58Q(1), notification of the closure of the sale 3 Delegates Where Council is the 'relevant Council'
s 58R(3) Function of receiving, from the Minister, a copy of a report under s 58R as soon as practicable after receiving the report. 3 Delegates
s 68A(1) Duty to, in consultation with Secretary, prepare a domestic animal management plan 3 Delegates Subject to s 68A(1A)

s 68A(1A) Power to apply to the Secretary for an extension of time within which to prepare a domestic animal management plan 3 Delegates
s 68A(3)(a) Duty to review domestic animal management plan annually and, if appropriate, amend the plan 3 Delegates
s 68A(3)(b) Duty to provide the Secretary with a copy of the plan and any amendments to the plan 3 Delegates
s 68A(3)(c) Duty to prepare an evaluation of its implementation of the plan for publication in Council's annual report 3 Delegates
s 68B Power , on application under s 68C, to register a person to provide foster care on a premises in the municipal district of the Council, if the person provides or intends to provide foster care on that premises 3 Delegates
s 68C Function of receiving an application for foster carer registration 2 Delegates
s 68D(1) Power to renew registration 3 Delegates
s 68D(2) Function of receiving an application for foster carer registration renewal 2 Delegates
s 68E Duty to have regard to the matters set out in s 68E(a) – (e) when deciding whether or not to grant or renew a foster carer registration 3 Delegates
s 68G(a) Power to approve form of applications under s 68C or 68D(2) 3 Delegates
s 68G(b) Power to require information in applications under s 68C or 68D(2) 3 Delegates
s 68G(c) Power to fix fee for applications under s 68C or 68D(2) 2 Delegates
s 68H(2) Power to permit a pro rata fee to be paid where a foster carer registration only applies for part of a year 2 Delegates
s 68I(1)(b) Power to impose conditions on a foster carer registration 3 Delegates
s 68J(1) Power to suspend or cancel a foster carer registration where the criteria in s 68J(1)(a) or (b) apply 3 Delegates
s 68J(2) Duty to notify the registered foster carer of a suspension or cancellation under s 68J(1) 3 Delegates
s 68K(1) Duty to notify the holder of a foster carer, in writing, if the Council proposes to suspend, cancel or not renew a foster carer registration 3 Delegates
s 68K(2) Function of receiving written submissions from the holder of the registration 3 Delegates
s 68K(3) Duty to consider any submission may under s 68K(2) before deciding to suspend, cancel or not renew the registration 3 Delegates
s 68N(1) Duty to give to the Secretary the information set out in s 68Q(1) and (2) relating to each registration of a premises by the Council under Part 4 2 Delegates
s 68O(1) Duty to give to the Secretary the information set out in s 68Q(1)(a), (c)(ii) and (iii), (d)(ii), (h), (i) and (j), relating to each registration of a foster carer by the Council under Part 5B 2 Delegates
s 68R(1)(a)(i) Duty to give the information set out in s 68R(2) to the Secretary within 7 days after making a decision under Part 4 to refuse to grant, renew or transfer a registration under that Part 2 Delegates
s 68R(1)(a)(ii) Duty to give the information set out in s 68R(2) to the Secretary within 7 days after making a decision under Part 4 to suspend or revoke a registration under that Part 2 Delegates
s 68R(1)(b)(i) Duty to give the information set out in s 68R(3) to the Secretary within 7 days of making a decision under Part 5B not to grant or renew a registration under that Part 2 Delegates
s 68R(1)(b)(ii) Duty to give the information set out in s 68R(3) to the Secretary within 7 days of making a decision under Part 5B to suspend or cancel a registration under that Part 2 Delegates
s 68Y(3) Function of receiving, from the Secretary, the source number issued under s 68Y 2 Delegates
s 68Z(3) Function of receiving, from the Secretary, the source number issued under s 68Z 2 Delegates
s 69(1) Duty to make payment to the Treasurer of specified amounts in respect of registration of cats, dogs or registered animal business 2 Delegates
s 69(1A) Duty to make payment to the Treasurer in respect of each registration fee collected by the Council for the registration or renewal of registration of a dog or cat in each financial year 2 Delegates
s 72 Power to appoint, by instrument, employees to be authorised officers 1 Delegates
s 72A(1) Power to appoint person who is not employee of Council as authorised officer 1 Delegates Person appointed must have qualifications and experience prescribed by Secretary
s 73(1) Duty to issue identity card to authorised officers 1 Delegates
s 84DD(2) Function of receiving report 2 Delegates
s 84J Power to retain custody of dog or cat until animal recovered under Division 5 or disposed of under Division 6 3 Delegates
s 84L(1) Power to retain custody of dog the subject of a declaration under s 98A until review of the declaration is determined under Part 7E or the dog is recovered under Division 5 or destroyed under Division 6 3 Delegates
s 84L(2) Power to retain custody of dog before destruction under division 6 where dog is seized under s 80 and officer cannot serve declaration because owner cannot be identified 3 Delegates
s 84M(1) Power to decide not to retain custody of dog or cat seized under ss 23(1), 82, 82B, 83, 84, 84A, 84B or 84C 3 Delegates
s 84N(1)(c) Power to require custody of restricted breed dog until the outcome of prosecution under the Act or Regulations in relation to the dog 3 Delegates
s 84N(1)(d) Power to fix an amount payable for the reasonable costs and expenses incurred by the Council in seizing the dog and retaining custody of it until its recover 3 Delegates
s 84O(1) Power to destroy a cat seized under Part 7A if cat does not bear an identification marker or device or cat is wild, uncontrollable or diseased 3 Delegates
s 84O(2) Duty to destroy dangerous dog or restricted breed dog as soon as possible where owner is entitled to recover dog under Division 5 but does not recover dog in accordance with the time period in that division 3 Delegates
s 84O(3) Duty to sell or destroy cat or dog (other than dangerous or restricted breed dog) as soon as possible where owner is entitled to recover dog under division 5 but does not recover dog in accordance with the time period in that division 3 Delegates In accordance with any relevant business code of practice or greyhound code of practice
s 84P Power to destroy dog seized under Part 7A in certain circumstances listed in paragraphs (a), (c), (d), (e) and (f) 3 Delegates
s 84Q(1) Duty to commence prosecution of a person as soon as possible after seizure under Part 7A, if authorised officer reasonably suspects that the person has committed an offence listed in s 84Q(2) with respect to a dog or a cat seized under that part, and power to retain custody of animal seized under section 84B and in any other case, Duty to retain custody until the outcome of the prosecution in s 84Q is known 3 Delegates
s 84Q(2A)(a) Duty to commence prosecution of the owner of the dog or cat as soon as possible after the seizure and after sufficient information is available to enable the commencement of the prosecution 3 Delegates
s 84Q(2A)(b) Duty to retain custody of the dog or cat and any offspring of the dog or cat until the outcome of the prosecution is known 3 Delegates
s 84Q(3)(a) Duty to serve declaration on owner 3 Delegates
s 84R Power to require owner to provide his or her current address to Council in certain circumstances 3 Delegates
s 84S Power to destroy dog seized under Part 7A, in the time periods listed, if owner is suspected of committing an offence set out in paragraph (a), (b) or (c) of section 84Q(2) and cannot be identified, 3 Delegates
s 84T(1) Duty to destroy dog seized under s 80 within 8 days after seizure if owner cannot be identified and authorised officer reasonably believes dog is restricted breed dog 3 Delegates
s84T(2) Duty to notify the Secretary of certain information after destroying a dog under s 84T(1) 3 Delegates Notice must comply with requirements of s 84T(3)
s 84TA(1) Power to destroy a dog seized under Part 7A in circumstances listed (a) - (c) 3 Delegates 84TA (4) & (5) Council must make decision within 48 hours and record the time and date of decision
s 84TC(1) Power to destroy a dangerous dog if the dog was declared a dangerous dog and it is believed that the owner of the dog is guilty of an offence under s 24 or 26 3 Delegates 84TC (4) & (5) Council must make decision within 48 hours and record the time and date of decision
s 84U Duty to ensure seized animal is desexed before selling it 3 Delegates
s 84V(2) Power to give animal to an approved person or body 3 Delegates Where Council is authorised under this Act to destroy the animal
s 84VA(1) Power to recover any reasonable cost incurred by the Council for the care, transport, maintenance and disposal of the dog or cat for the whole or any part of the time from when the dog or cat is seized under Division 2 until the time when the dog or cat is disposed of under s 84TD 5 Delegates
s 84VA(2) Power to recover costs under s 84VA(1) from the owner, or person in charge of the dog or cat when the dog or cat was seized 4 Delegates
s 84Y Power to enter written agreement to seize, receive and retain, sell or destroy dogs or cats , as well as the power to give a seized dog or cat to a community foster care network, give a seized dog or cat to an animal shelter and/or charge fees for doing any of the things under the written agreement 3 Delegates
s 95 Function of receiving payment of fines 3 Delegates
s 98(1A) Power to apply to VCAT for review of a decision by Minister in relation to registration of domestic animal business 3 Delegates
s 100A Duty to notify Secretary where VCAT or Supreme Court sets aside a decision to declare a dog to be a dangerous dog, menacing dog or restricted breed dog 3 Delegates Notice must comply with requirements of s 100A(2) & (3)
s 100C Function of receiving disclosed information from a person who is or was engaged in the administration of Part 5B or 5C 4 Delegates
s 100D Power to disclose information held by Council to another Council, a restricted authorised officer or a Departmental authorised officer for the purpose of the performance of Functions under Part 4 or Part 4AA or regulations under those Parts by that person 4 Delegates
Domestic Building Contracts Act 1995
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 48R Function of receiving details of alleged contraventions of building legislation 2 Delegates
Education and Care Services National Law Act 2010
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 271(1) Function of receiving information from National Authority in respect of education and care services 1 Delegates
s 271(2) Function of receiving information from Regulatory Authority in respect of education and care services 1 Delegates
s 271(3) Power to disclose information to authorities or government departments in respect of education and care services 1 Delegates
Education and Training Reform Act 2006
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 2.3.13 Power to enter into and carry out a contract with the school Council 1 Delegates
s 2.6.21B(1) Function of receiving information from the Victorian Institute of Teaching in respect of a registered teacher or former registered teacher, or a provider of a program, unit or course of study, for a purpose specified in subsection (4) 3 Delegates
s 2.6.21B(2) Power to provide information to the Victorian Institute of Teaching in respect of a registered teacher or former registered teacher or a provider of a program, unit or course of study for a purpose specified in subsection (4) 3 Delegates
s 4.9.4(1AAA) Function of responding to requests by Victorian Registration and Qualifications Authority for information under s 4.9.4 2 Delegates
s 4.2.2(1)(g) Function of receiving education, information and advice on Child Safe Standards 3 Delegates
s 5.8.24 Function of receiving official warning from the Victorian Registration and Qualifications Authority 4 Delegates
s 5.8.30 Duty to comply with an adverse publicity order
1 Delegates
Electoral Act 2002
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 108(1)(d)(ii) Power to enable identification of a person 1 Delegates
Electricity Safety Act 1998
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 84C Duty to keep trees clear of electrical lines on public land managed by Council 3 Delegates Applies to public land, managed by Council, which has been declared under s 81 of the Electricity Safety Act 1998 for the purposes of Part 8 of the Act
s 86B Duty to specify certain matters in municipal emergency management plan 3 Delegates
Emergency Management Act 2013
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 59 Duty to establish a Municipal Emergency Management Planning Committee 1 Delegates
s 59B(1) Duty to nominate a chairperson of the Municipal Emergency Management Planning Committee 1 Delegates Delegates cannot nominate themselves
Provision not delegated - CEO retains power.
s 59B(1)(b) Power to nominate a member of Council staff to be the chairperson of the Municipal Emergency Management Planning Committee 1 Delegates
Provision not delegated - CEO retains power.
s 59F(b) Function of, in collaboration with other agencies and by the establishment of a Municipal Emergency Management Planning Committee, enabling community participation in emergency preparedness, including mitigation, response and recovery activities
1 Delegates
s 59G(1) Duty to appoint one or more municipal emergency management officers
1 Delegates
s 59H(1) Duty to appoint one or more municipal recovery managers 1 Delegates
s 60AI(1)(ab) Function of receiving a copy of the plan in a form suitable for publication on the municipal council's Internet site on behalf of the relevant Municipal Emergency Management Planning Committee
1 Delegates
s 69 Duty to comply with an information gathering notice issued by the Inspector-General for Emergency Management 2 Delegates
s 70 Function of receiving draft review or report and providing comment or response to Inspector-General for Emergency Management 3 Delegates
s 70A(2) Power to consent to entry of vessel, premises or vehicle 2 Delegates
s 70A(3) Duty to provide the Inspector-General with a written response to a request for consent under s 70A(2) 2 Delegates
s 70B Function of giving reasonable assistance to the Inspector-General for Emergency Management 2 Delegates
Environment Protection Act 2017
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 50(1)(ii) Function of receiving application for permission 5 Delegates
s 50(2) Duty of advising applicant that application does not comply with s 50 5 Delegates
s 50A(1) Power to require an applicant to pay a fee 3 Delegates
s 50A(3) Duty to give notice 3 Delegates
s 51A Power to require an applicant to provide information 3 Delegates
s 54(1) Power to issue a permission subject to conditions specified in the permission 5 Delegates
s 56(2)(b) Function of receiving an application for the transfer of permit issued by Council 5 Delegates
s 56(4) Duty to either refuse or transfer the permit subject any conditions within 20 business days after receiving application 5 Delegates
s 56(5) Duty to refuse to transfer permit if Council if the applicant is not a fit and proper person to hold a permit 5 Delegates Consider s 66
s 56(6) Duty to, as soon as practicable after making a decision, give applicant and holder of permit written notice 5 Delegates
s 57(2)(b) Function of receiving application for amendment of permit 5 Delegates
s 57(4) Duty to either refuse or amend permit subject to any conditions 5 Delegates
s 57(8) Duty to, as soon as practicable after making a decision, give holder of permit written notice 5 Delegates
s 58(1) Power to amend a permission issued on own initiative 5 Delegates
s 58(3) Duty to, as soon as practicable after making a decision, give the permission holder written notice 5 Delegates
s 59(2)(b) Function of receiving application to surrender or revoke a permit 5 Delegates
s 59(4) Duty to either consent to the surrender application subject to any conditions or refuse to consent to the surrender within 20 business days after receiving an application 5 Delegates
s 59(7) Duty to, as soon as practicable after making a decision, give the permit holder a written notice 5 Delegates
s 59(9) & (10) Duty to revoke the permissions if request received in writing and give the permit holder written notice 5 Delegates
s 60(1) Power to suspend a permission 5 Delegates
s 60(2) Duty to give permit holder written notice if proposing to suspend a permission 5 Delegates
s 60(3) Duty to consider submissions 5 Delegates
s 60(4) Duty to, as soon as practicable after making a decision, give the permit holder with written notice 5 Delegates
s 60(6) Power to remove period of suspension 5 Delegates
s 60(7) Power to extend period of suspension 5 Delegates
s 60(8) Duty to give permit holder written notice of decision to extend period of suspension 5 Delegates
s 61(1) & (2) Power to revoke permission on own initiative 5 Delegates
s 61(3) Duty to give permit holder written notice if proposing to revoke a permission 5 Delegates
s 61(4) Duty to consider submissions 5 Delegates
s 61(5) & (6) Duty to, as soon as practicable, give permission holder written notice 5 Delegates
s 81(1) Duty to issue a permit subject to any conditions or refuse to issue a permit upon receiving an application under s 50 5 Delegates
s 81(4) Duty to refuse to issue a permit in circumstances specified 5 Delegates
s 83(1) Function of receiving application for exemption 5 Delegates
s 83(3) Duty to grant the exemption subject to any conditions or refuse to grant the exemption within 10 business days upon receiving application 5 Delegates
s 84(1)(b) Function of receiving renewal application 5 Delegates
s 84(4) Duty to renew or refuse to renew the permit 5 Delegates
s 84(8) Power to renew permit for (a) a period of not more than 5 years or (b) any shorter period prescribed 5 Delegates
s 84(9) Power to renew a permit more than once 5 Delegates
s 114(2) Power to appoint litter enforcement officer 7 Delegates Where Council is a litter authority
s 118(1)(b) Function of receiving a written statement 5 Delegates Where Council is a litter authority
s 121(1) Power to issue a waste abatement notice 7 Delegates Where Council is a litter authority
s 121(6) Power to direct the occupier of the place or premises to remove or dispose of the waste within the time specified in a waste abatement notice 5 Delegates Where Council is a litter authority
s 121(8) Power to vary or revoke a waste abatement notice 5 Delegates Where Council is a litter authority
s 122(1) Power to remove or dispose of waste or object or thing 5 Delegates Where Council is a litter authority
s 122(2) Power to recover any reasonable costs incurred in taking action under this section 5 Delegates Where Council is a litter authority
s 131(1) Function of receiving signed written report 5 Delegates
s 131(2) Power to take further action 5 Delegates
s 156(1) Duty to comply with Order of the Governor in Council 5 Delegates
s 171(1) Power to appoint a residential noise enforcement officer 5 Delegates
s 172(1) Power to issue a residential noise improvement notice 5 Delegates
s 172(5)(a) Power to extend time to comply with residential noise improvement notice 5 Delegates
s 172(5)(b) Power to revoke or amend any requirement specified in a residential noise improvement notice 5 Delegates
s 174(1) Power to apply for injunctions relating to residential noise 5 Delegates
s 242(2) Power to appoint an employee or class of employee as an authorised officer for the purposes of the power or function delegated to council 1 Delegates
s 242(2A) Power to appoint a specified person or each member of a specified class of person as an authorised officer for the purposes of the power or function delegated to council 1 Delegates
s 242(2B) Duty to prepare and give to the Authority a written report 3 Delegates
s 347(3) Power to take proceedings for an offence against a provision relating to permits under the Environment Protection Regulations 2021 1 Delegates
s 347(4) Power to take proceedings for an offence against a provision of Part 6.3 5 Delegates Where Council is a litter authority
s 347(7) Power to appoint a person who is an employee or an officer of council to take proceedings for offences under ss 25, 27, 286, 287 and 288 3 Delegates
Environment Protection Regulations 2021
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
r 21(2) Power to require an applicant to provide additional information 5 Delegates
r 25 Power to administer prescribed permit activities 5 Delegates
r 33 Duty to inspect on-site wastewater management system and power to issue a certificate approving the use of the system if satisfied that the system complies with the permit 5 Delegates
r 100(1) Duty to provide information 5 Delegates
r 100(5) Duty to provide a report under subregulation (1) within 3 months after the end of the financial year to which the report relates 5 Delegates
r 161 Function of receiving notification 5 Delegates
r 162(2) Power to inspect records under subregulation 1 5 Delegates
r 171 Power to take proceedings for specified offences relating to on-site wastewater management systems 5 Delegates
r 215 Power to (a) waive the fee, in whole or parts; or (b) refund the fee paid, in whole or part 5 Delegates
r 220(2) Duty to give a person a reasonable opportunity to provide further information in order to decide a new application 5 Delegates
Estate Agents Act 1980
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 70E(3) Duty to comply with request of Director or Inspector under s 70E(1) to provide answers or supply information 1 Delegates
Family Violence Protection Act 2008
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 144D(3) Duty to only share confidential information to the extent permitted by Part 5A, or the Regulations 2 Delegates Where Council is an 'information sharing entity'
s 144KA Power to disclose confidential information to a risk assessment entity for a family violence assessment purpose 5 Delegates Where Council is an 'information sharing entity'


s 144KB(1) Function of receiving a request from a risk assessment entity for confidential information for a family violence assessment purpose 6 Delegates Where Council is an 'information sharing entity'
s 144KB(2) Function of receiving confidential information from a risk assessment entity to assist with identifying the confidential information that is relevant to the request and determining whether to disclose confidential information 6 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 144KB(3) Duty to provide to the risk assessment entity written reasons for its failure to comply with the request 5 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 144KC(1) Duty to disclose confidential information to a risk assessment entity that has requested the information for a family violence assessment purpose 5 Delegates Where Council is an 'information sharing entity'
s 144LA Power to disclose confidential information to another information sharing entity for a family violence protection purpose 5 Delegates Where Council is an 'information sharing entity'
s 144LB(1) Power to request confidential information from another information sharing entity for a family violence protection purpose 6 Delegates Where Council is an 'information sharing entity' and a 'requesting entity'
s 144LB(1) Function of receiving a request for confidential information from another information sharing entity for a family violence protection purpose 6 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 144LB(2) Power to provide the responding entity with any confidential information that may assist the responding entity to identify the confidential information relevant to the request or determine whether to disclose the confidential information 6 Delegates Where Council is an 'information sharing entity' and a 'requesting entity'
s 144LB(2) Function of receiving confidential information from the requesting entity to assist with identifying the confidential information relevant to the request or determining whether to disclose the confidential information 6 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 144LB(3) Duty to provide to the requesting entity written reasons for Council's failure to comply with the request 5 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 144LB(3) Function of receiving from the responding entity written reasons for failure to comply with the request 5 Delegates Where Council is an 'information sharing entity' and a 'requesting entity'
s 144LC(1) Duty to disclose confidential information to another information sharing entity that has requested the confidential information for a family violence protection purpose 5 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 144LC(1) Function of receiving a request for confidential information from another information sharing entity where the information is for a family violence protection purpose 5 Delegates Where Council is an 'information sharing entity' and a 'responding entity'
s 144LD Power to collect or use any confidential information disclosed to it for a family violence protection purpose 6 Delegates Where Council is an 'information sharing entity'
s 144M(1) Power to disclose confidential information about a person of concern to a primary person for a family violence protection purpose if the confidential information is not excluded information 5 Delegates Where Council is an 'information sharing entity'
s 144M(2) Power to disclose confidential information about a person of concern to the persons set out in s 144M(2)(a) and (b) if the primary person is a child and the confidential information is not excluded information 5 Delegates Where Council is an 'information sharing entity'
s 144N Power to collect, use and disclose confidential information about a relevant person without consent 5 Delegates Where Council is an 'information sharing entity'
The GMC shall be consulted prior to disclosing confidential information
s 144NA Duty not to collect, use or disclose confidential information about a primary person who is an adult unless s 144NA(a) or (b) applies 6 Delegates Where Council is an 'information sharing entity'
s 144NB Duty not to collect, use or disclose confidential information about a linked person unless s 144NB(a) or (b) applies 6 Delegates Where Council is an 'information sharing entity'
s 144NC(1) Power to collect, use and disclose confidential information about a primary person who is a child without the consent of any person if s 144NC(1)(a) or (b) applies 6 Delegates Where Council is an 'information sharing entity'
The GMC shall be consulted prior to disclosing confidential information
s 144NC(2) Power to collect, use and disclose confidential information about a primary person who is an adult or a linked person without the consent of the linked person if the information relates to confidential information set out in s 144NC(1)(a) and (b) 6 Delegates Where Council is an 'information sharing entity'
The GMC shall be consulted prior to disclosing confidential information
s 144ND(1) Power to obtain consent from the primary or linked person's authorised representatives, unless the authorised representative is a person of concern or is alleged to pose a risk of family violence 6 Delegates Where Council is an 'information sharing entity'
s 144P(5) Duty to comply with any guidelines issued under s 144P when handling confidential information in accordance with Part 5A 6 Delegates Where Council is an 'information sharing entity'
s 144PB Duty to record the prescribed information in respect of the information sharing entity's collection, use and disclosure of confidential information in accordance with Part 5A, and the Regulations 6 Delegates Where Council is an 'information sharing entity'
s 144QA Power to refuse to give an individual access to their confidential information under a relevant privacy law if s 144QA(1)(a) and (b) apply 6 Delegates Where Council is an 'information sharing entity'
s 190 Duty to ensure that Council's relevant policies, procedures, practice guidance and tools align with the Framework 6 Delegates Where Council is a 'framework organisation' that provides services relevant to family violence risk assessment and family violence risk management
Fences Act 1968
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 14(2) Function of providing certain information to assist an owner of land to give a fencing notice 1 Delegates
s 16(1) Power to agree with adjoining owner of land on a fence line other than common boundary 1 Delegates With respect to land owned by or under the control of Council
Filming Approval Act 2014
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
sch 1 Principle 1 Duty to not unreasonably withhold the approval of an application for a film permit, subject to this Act and any other Act
4 Delegates
Power to consider operational requirements such as commercial agreements and the maintenance of any land or facilities. or to consider public amenity, safety and security, and environmental and heritage impacts when approving a permit application 4 Delegates
sch 1 Principle 2 Duty to approve or refuse an application for a film permit in a timely manner and to take reasonable steps to respond to an applicant within 5 business days 4 Delegates
sch 1 Principle 3 Duty to give reasons for refusal of a film permit application. 4 Delegates
sch 1 Principle 4 Duty to take reasonable steps to provide a single point of contact to deal with commercial filming on public land 4 Delegates
sch 1 Principle 5 Duty to ensure that any application forms and other documents required to consider an application for a film permit are consistent with any standard forms or documents issued by Film Victoria 3 Delegates
sch 1 Principle 6 Duty for fees charged for applications for film permits and issuing film permits not exceed cost recovery 4 Delegates
sch 1 Principle 7 Duty to publish information about how a person may apply for a film permit on its website or on a website approved by Film Victoria 4 Delegates
sch 1 Principle 8 Duty to take reasonable steps to ensure that staff responsible for considering and issuing film permits are given appropriate information regarding the film industry 3 Delegates
Fines Reform Act 2014
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 10F(4) Function of receiving notice from Director regarding where infringement notice waived 1 Delegates
s 10S(1) Function of receiving a direction to suspend any enforcement action 1 Delegates
s 10S(4) Function of receiving notice of family violence scheme (FVS) applications 2 Delegates
s 10U(1)(c) Function of receiving a direction to withdraw an infringement notice and take no further action in relation to the relevant offence 2 Delegates
s 10U(2)(a) Duty to withdraw an infringement notice 2 Delegates If directed by the Director of Fines Victoria and within 28 days of the direction

By issuing a withdrawal notice that complies with s 19(a) and (b)(iii) of the Infringements Act 2006
s 10U(2)(b) Duty to notify the Director and the FVS eligible person of the withdrawal of the infringement notice 2 Delegates
s 10V(4) Function of receiving a direction to, and a duty to, take no enforcement action during the enforcement suspension period 2 Delegates
s 10V(6) Power to take any action referred to in s 38(1)(a) with respect to the FVS eligible offence 2 Delegates if an effective known user statement is cancelled under s 84BF of the Road Safety Act 1986, and the FVS eligible offence is referred to Council
s 10V(7)(c) Function of receiving a direction to withdraw an infringement notice and take no further action in relation to the relevant offence 2 Delegates
s 10V(9)(a) Duty to withdraw an infringement notice 2 Delegates If directed by the Director of Fines Victoria and within 28 days of the direction

By issuing a withdrawal notice that complies with s 19(a) and (b)(iii) of the Infringements Act 2006
s 10V(9)(b) Duty to notify the Director and the FVS eligible person of the withdrawal of the infringement notice 2 Delegates
s 10W(1) Function of receiving a written notice of the Director of Fines Victoria's determination 1 Delegates If the Director of Fines Victoria determines that an FVS applicant is not an FVS eligible person in respect of an FVS eligible offence
s 10W(4) Power to, 21 days after the Director has notified the FVS applicant of their ineligibility, immediately resume enforcement action 2 Delegates If the Director of Fines Victoria determines that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence under s 10T
s 10X(2) Function of receiving referred matters from the Director of Fines Victoria 2 Delegates
s 10Y(1)(a) Power to withdraw an infringement notice and take no further action or issue an official warning 1 Delegates Where the Director of Fines Victoria refers an infringement offence under s 10X(2)

by issuing a withdrawal notice under s 19 of the Infringements Act 2006
s 10Y(1)(b) Power to file a charge-sheet charging the offence 2 Delegates
s 16 Function of registering infringement fines with Director of Fines Victoria and paying the prescribed fee 3 Delegates
s 20(4) Function of being advised by Director of Fines Victoria of determination 1 Delegates
s 21(1) Power to withdraw infringement notice, issue official warning or file a charge-sheet upon receipt of notice under s 20 1 Delegates
s 21A Duty to notify Director of Fines Victoria of commencement of proceeding by filing a charge-sheet under s 21(1)(c) in writing 1 Delegates
s 22 Power to request Director of Fines Victoria not to issue or serve notice of final demand 1 Delegates
s 37(2) Function of receiving written notice of enforcement cancellation from Director of Fines Victoria 1 Delegates
s 38 Duty, once served notice of an enforcement cancellation notice, to withdraw notice, withdraw notice and issue a written warning or withdraw notice and commence proceeding 1 Delegates
s 38A Duty to notify Director of Fines of commencement of proceeding by filing a charge-sheet under s 38(1)(a)(iii) in writing 1 Delegates
s 43 Power to refer infringement fine to Director of Fines Victoria for management by payment arrangement upon request 2 Delegates
s 44 Function of receiving notice of notification of refusal of application under s 43 1 Delegates
s 48(2) Duty to request Director of Fines Victoria to remove infringement fine if infringement notice withdrawn 3 Delegates
s 54(1) Duty to provide Director of Fines Victoria with most up-to-date contact details of persons where referring infringement fine 1 Delegates
s 54(5) Function of receiving notice from Director of Fines Victoria where fine recipient makes certain requests or the payment arrangement that applies to that person is cancelled under s 56 1 Delegates
s 174 Function of receiving request from the Director of Fines Victoria or the sheriff 1 Delegates Where Council is a 'specified body'
s 175 Duty to comply with a request from the Director of Fines Victoria or the Sheriff for the supply of information for the purpose of enforcing registered fines


2 Delegates Where Council is a 'specified body'

Unless the CEO of the Council certifies in writing that exceptional circumstances apply
Fire Rescue Victoria Act 1958
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 4J(4) Function of consulting with Fire District Review Panel 1 Delegates
s 5 Duty to take all practicable steps to prevent fire and minimise spread of fires
3 Delegates
s 5(2) Power to acquire equipment and do anything necessary to fulfil duty under s 5(1) and pay for it from municipal fund 1 Delegates
s 5A(1)(a) Duty to appoint fire prevention officer 1 Delegates
CEO retains power - Not delegated
s 5A(1)(b) Power to appoint assistant fire prevention officer
3 Delegates
s 72(1) Power to request the Board to carry out fire prevention works 3 Delegates
s 72(2) Duty to pay for any fire prevention work carried out 1 Delegates
s 72(3) Power to consent to carrying out fire prevention work 1 Delegates
s 77(3) Function of receiving penalties recovered for offences committed against s 91 1 Delegates If fire prevention notice was issued by a fire prevention officer
Fire Services Property Levy Act 2012
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 9(9) Power to apportion any levy amount 2 Delegates For 2 or more parcels of land which have a combined valuation and are owned separately
s 9A(1) Function of receiving application for single farm enterprise exemption 2 Delegates
s 9A(2)(b) Power to specify form and timeframe for making applications under s 9A(1) 2 Delegates
s 9A(3) Power to require further particulars or for applicant to verify particulars regarding application 2 Delegates
s 9A(4) Function of receiving notice of changes in circumstances 2 Delegates
s 19 and 20 Duty to pay levy amount in respect of leviable land owned by Council 2 Delegates Note: Council is only liable to pay the relevant fixed charge in respect of land described in s 20(1)
s 21(3)(a) Function of assessing the amount of levy payable 3 Delegates
s 21(3)(b) Function of collecting the levy payable 3 Delegates
s 21(4)(a) Function of assessing the amount of levy payable 3 Delegates If Council has been directed to be a collection agency in respect of non-rateable leviable land not located within its municipal district boundaries
s 21(4)(b) Function of collecting the levy payable 3 Delegates If Council has been directed to be a collection agency in respect of non-rateable leviable land not located within its municipal district boundaries
s 22 Power to exercise powers and functions under s 121 of the Local Government Act 2020 (land information certificates) and s 313 of the Local Government Act 2020 (institute proceedings) 2 Delegates
s 24 Duty to keep levy records in accordance with s 24 2 Delegates
s 25(1) Duty to give a written notice to the owner of leviable land or to another specified person if requested by owner 3 Delegates
s 25(6) Duty to transfer the amount of levy collected to the Commissioner 2 Delegates
s 27(1) Power to defer payment of levy in respect of rateable leviable land where applicant shows hardship 2 Delegates s 170 of the Local Government Act 1989 applies, subject to modifications set out in s 27.

Note: may only defer levy if have deferred rates or charges under s 170 of the Local Government Act 1989 for that land
s 27(1) Power to require payment of levy in respect of rateable leviable land where applicant no longer in hardship or no longer occupies land 2 Delegates s 170 of the Local Government Act 1989 applies, subject to modifications set out in s 27
s 27(1) Power to waive levy in respect of rateable leviable land 2 Delegates s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)

Note: may only waive levy if have waived rates or charges under s 171 of the Local Government Act 1989 for that land
s 27(1) Duty to waive levy upon receipt of an application which complies with s 171(4) of the Local Government Act 1989, in respect of rateable leviable land 2 Delegates s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)

Note: may only waive levy if have waived rates or charges under s 171 of the Local Government Act 1989 for that land
s 27(1) Power to decide to treat a person to whom a waiver is granted as having made a continuing application or waiver in respect of rateable leviable land, in accordance with s 171(4)(f) of the Local Government Act 1989 2 Delegates s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)

Note: may only waive levy if have waived rates or charges under s 171 of the Local Government Act 1989 for that land
s 27(1) Function of receiving application for waiver of levy in respect of rateable leviable land 2 Delegates s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)

Note: may only waive levy if have waived rates or charges under s 171A of the Local Government Act 1989 for that land
s 27(1) Power to require information or verification in respect of rateable leviable land 3 Delegates s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)

Note: may only waive levy if have waived rates or charges under s 171A of the Local Government Act 1989 for that land
s 27(1) Power to waive levy or levy interest in respect of rateable leviable land 2 Delegates s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 27(4)

Note: may only waive levy if have waived rates or charges under s 171A of the Local Government Act 1989 for that land
s 28(1) Power to defer payment of levy in respect of non-rateable leviable land where applicant shows hardship 2 Delegates s 170 of the Local Government Act 1989 applies, subject to modifications set out in s 28
s 28(1) Power to require payment of levy in respect of non-rateable leviable land where applicant no longer in hardship or no longer occupies land 2 Delegates s 170 of the Local Government Act 1989 applies, subject to modifications set out in s 28
s 28(1) Power to waive levy in respect of non-rateable leviable land 2 Delegates s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 28(4)
s 28(1) Duty to waive levy upon receipt of an application which complies with s 171(4) of the Local Government Act 1989, in respect of non-rateable leviable land 2 Delegates s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 28(4)
s 28(1) Power to decide to treat a person to whom a waiver is granted as having made a continuing application or waiver in respect of non-rateable leviable land, in accordance with s 171(4)(f) of the Local Government Act 1989 2 Delegates s 171 of the Local Government Act 1989 applies, subject to modifications set out in s 28(4)
s 28(1) Function of receiving application for waiver of levy in respect of non- rateable leviable land 2 Delegates s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 28(4)
s 28(1) Power to require information or verification in respect of non-rateable leviable land 3 Delegates s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 28(4)
s 28(1) Power to waive levy or levy interest in respect of non-rateable leviable land 2 Delegates s 171A of the Local Government Act 1989 applies, subject to modifications set out in s 28(4)
s 29(1) Duty to give concession 2 Delegates
s 30(1) Duty to require a person to pay levy interest 2 Delegates
s 30(3) Power to obtain court order requiring payment of levy 2 Delegates
s 30(4) Power to waive levy interest where court order obtained under s 30(3) 2 Delegates
s 30(5) Power to exempt any person from paying the whole or part of levy interest, in accordance with s 30(5)(a) or (b) 2 Delegates
s 30(6) Power to recover levy interest due in the same way as Council recovers the levy amount 2 Delegates
s 31(1) Power to recover the whole of the levy from either all, any or one persons jointly liable to pay levy 2 Delegates Where 2 or more persons jointly liable to pay levy
s 31A(2)(a) Duty to refund amount of levy proportionate to the part of levy year remaining where land ceases to be leviable land and levy payment has already been made 2 Delegates
s 31A(2)(b) Duty to only require proportionate amount of levy to be paid where land ceases to be leviable land and levy payment has not already been made 2 Delegates
s 32(7) Power to recover amount in arrears, in accordance with s 32(7) 3 Delegates
s 33(1) Power to send notice where levy due and unpaid 3 Delegates
s 33(5) Power to recover unpaid amount due 3 Delegates
s 34 Duty to make adjustment and apply or refund overpayment in accordance with s.34 and give a revised assessment notice to the owner or specified person 2 Delegates Where an objection, review or appeal results in the alteration of a valuation or a decision to attribute a different AVPCC
s 35(1) Power to recover unpaid levy amount 2 Delegates
s 35(4)(b) Power to request occupier to disclose the amount of rent and name and address of person to whom rent is payable 2 Delegates
s 36(1) Function of receiving application for refund of amounts overpaid 3 Delegates
s 36(4) Duty to refund overpayment, if determined that the payment was in excess of amount owed 3 Delegates
s 36(5) Power to refund overpayment, if determined that the payment was in excess of amount owed 3 Delegates
s 37(1) Duty to separately account for levy amounts and levy interest collected 2 Delegates
s 37(3) Power to retain any interest earned on levy amounts and levy interest 2 Delegates
s 37(5) Duty to refund over payment 3 Delegates
s 38(1) Power to cancel assessment of person's liability to pay levy if satisfied that an assessment has been made in error 3 Delegates
s 38(2) Duty to comply with requirements in s 38(2) where Council has made an assessment in error 2 Delegates
s 39(2) Duty to conduct another assessment of the levy amount and, if applicable, give the owner or specified person a revised assessment notice, in accordance with s 39(2) 2 Delegates
s 39(3) Duty to refund payment in excess of amount owed and any interest accrued 3 Delegates
s 40 Duty to submit a return to the Commissioner 2 Delegates In a form approved by the Commissioner and in accordance with any directions issued by the Minister
s 41(1) duty to pay all levy amounts and levy interest received to the Commissioner in 4 instalments 2 Delegates
s 41(4) Power to decide to forward late payments of levy amounts and levy interest to the Commissioner at the same time as the next instalment is payable 2 Delegates
s 71(1) Function of receiving application for alteration of levy records 2 Delegates
s 71(2) Power to specify the manner and form of applications under s 71(1) 2 Delegates
s 72 Duty to comply with any Ministerial directions issued under s 72 2 Delegates
Flora and Fauna Guarantee Act 1988
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 4C(1) Function of receiving a request for information from the Minister 2 Delegates Where Council is a public authority
s 4C(2) Duty to comply with a Minister's request for information under s 4C(1) 2 Delegates Where Council is a public authority
s 7(2) Function of consulting with the Secretary either before the action starts or, if the action has already started, within 15 days of the request being made 2 Delegates Where Council is a public authority
If the Secretary is of the opinion that an action taken or to be taken by Council is likely to threaten the survival of a listed taxon or community of flora or fauna or a critical habitat
s 20B(1)(a) Function of receiving written notice from the Secretary 2 Delegates Where Council is a landholder of any land that is within the area of the proposed determination
s 20B(1)(b) Function of receiving written notice from the Secretary 2 Delegates Where Council is a public authority that performs a function or exercises a power in the area of the proposed determination
s 20B(5) Power to request that the information set out in s 20B(3) be withheld 2 Delegates Where Council is a landholder
s 25(1) Function of being party to an agreement for management of flora and fauna 2 Delegates
s 29(1)(a) Function of receiving notice of the making of a habitat conservation order from the Minister in relation to land within the critical habitat 2 Delegates Where Council is a landholder
s 29(1)(b) Function of receiving notice of the making of a habitat conservation order from the Minister 2 Delegates Where Council is a public authority that performs a function or exercises a power in the critical habitat
s 57(2)(h) Function of giving, to an authorised officer, samples of any thing in respect of which the authorised officer suspects that there has been a contravention of the Flora and Fauna Guarantee Act 1988 (Vic) or an instrument referred to in s 57(1) that is found at the land, building or vehicle 2 Delegates Where Council is the landholder of the land or is apparently in charge of the building or vehicle (as the case requires)
s 57(2)(k) Function of receiving notice from an authorised officer 2 Delegates Where Council is the landholder of the land
Food Act 1984
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 7D(3) Duty to comply with a declaration made by the Secretary under s 7D(1) 2 Delegates
s 7E(6) Duty to publish a copy of a direction given by the Minister under s 7E(1) in the annual report 2 Delegates
s 19(4)(b) Duty to notify the Department of the making of the order 2 Delegates If s 19(1) applies
s 19(4)(c) Duty to notify the registration authority of the making of the order and any appeal and the outcome of the appeal 6 Delegates If s 19(1) applies and if Council is not the registration authority
s 19A(4)(b) Function of receiving notice from authorised officer 2 Delegates Where Council is the registration authority
s 19BA(3) Duty to give notice of the variation or revocation of the order to the general public in the same manner as the original notice 6 Delegates Must be done by the same person as gave the original notice
s 19EA(3) Function of receiving a copy of any significant revision made to the food safety program 6 Delegates Where Council is the registration authority
s 19H(5)(a) & (5)(b) Duty to take into account (a) the food safety performance of the food business; and (b) any guidelines issued by the Secretary in determining the frequency and intervals of the assessments and audits 5 Delegates Where Council is the registration authority
s 19I Duty to conduct a food safety assessment as required under s 19H 6 Delegates Subject to s 19J

Where Council is the registration authority
s 19IA(2) Duty to give written notice to proprietor if food safety requirements or s 19DC(2) have not been complied with unless s 19IA(3) applies. 6 Delegates Where Council is the registration authority
s 19N Function of receiving information from a food safety auditor 2 Delegates Where Council is the registration authority
s 19U(4) Duty to ensure that information relating to costs of a food safety audit are available for inspection by the public 2 Delegates
s 19UA(4) Duty to consider proprietor's history of compliance in deciding whether to charge the fee 2 Delegates
s 19UA(5) Duty to ensure that the method of determining a fee under s 19UA(3)(a) and the considerations that apply under s 19UA(4) are available for inspection by the public 2 Delegates
s 20(1C) Duty to ensure authorised officers are suitably qualified or trained 2 Delegates
s 20(2) Power to limit or impose conditions on the authority granted to an authorised officer 2 Delegates
s 26(5) Duty to destroy or dispose of article 2 Delegates
s 32(1) Duty to submit samples of food for analysis 4 Delegates
s 32(3) Function of receiving report by analyst 6 Delegates
s 35A(2) Function of receiving notice of operation from the proprietor of a food premises 6 Delegates Where Council is the registration authority
s 37 Function of receiving application, information and documents required under s 36 from the proprietor of a food business 5 Delegates
s 38(3) Duty to consult with the Secretary about the proposed exemption under s 38(2) 2 Delegates
s 38AA(2) Function of being notified of operation 6 Delegates Where Council is the registration authority
s 38AA(4) Duty to determine whether the food premises are exempt from the requirement of registration 6 Delegates Where Council is the registration authority
s 38A(5) & (6) Function of receiving a food safety audit certificate from a proprietor 6 Delegates Where Council is the registration authority
s 38B(1)(c) Duty to inspect premises 6 Delegates Where Council is the registration authority
s 38E(1)(c) Function of assessing the requirement for a food safety program 6 Delegates Where Council is the registration authority
s 38E(3)(a) Function of receiving certificates 6 Delegates Where Council is the registration authority
s 38F(3)(a) Duty to note the change to the classification of the food premises on the certificate of registration 6 Delegates Where Council is the registration authority
s 39(2) Duty to inspect within 12 months before renewal of registration 6 Delegates Where Council is the registration authority
s 39(3) Duty to inspect within 3 months before renewal of registration if circumstances in s 39(3)(a)-(d) apply 6 Delegates Where Council is the registration authority
s 39A(6) Duty to comply with direction of Secretary. 6 Delegates
s 40(1) Duty to issue a certificate of registration in the prescribed form 6 Delegates Where Council is the registration authority
s 40D(2) Duty to specify how long a suspension is to last under s 40D(1) 6 Delegates Where Council is the registration authority
s 40E(4) Duty to comply with direction of Secretary 6 Delegates
s 43(1) and (2) Duty to maintain records of the prescribed particulars and orders in force under Part III 6 Delegates Where Council is the registration authority
s 43(3) Duty to make available information held in records, free of charge, on request 6 Delegates Where Council is the registration authority
s 43I Function of receiving a statement of trade of a proprietor of a food business 6 Delegates
s 45AA Power to act in proceedings against the Crown 5 Delegates Power of the responsible agency
s 45AC Power to bring proceedings for an offence under the Act 7 Delegates
s 53G(1) Duty to provide information in s 53G(1) to the Secretary as soon as practicable after a person is convicted by a court for an offence under this Act 5 Delegates Where Council is the 'relevant Council' under s 53G(6)
s 53G(2) Duty to advise the Secretary that a person has not appealed a conviction within the time allowed 5 Delegates Where Council is the 'relevant Council' under s 53G(6)
s.53G(3) duty to inform the Secretary of the fact that an appeal or application for leave is lodged against the conviction and of other matters in this subsection 5 Delegates where Council is the relevant Council under subsection (6)
s 53G(4) Duty to inform the Secretary of the outcome of the appeal or application 5 Delegates Where Council is the 'relevant Council' under s 53G(6)
s 58(1) Duty to notify the Victorian Liquor Commission where an order is made under s 19 of the Act and a licence/permit under the Liquor Control Reform Act 1998 is in force 5 Delegates Where Council is the registration authority
s 58(2) Duty to notify the Victorian Liquor Commission when a holder of a permit/licence under the Liquor Control Reform Act 1998 is found guilty or pleads guilty and in respect of which no conviction is recorded 5 Delegates Where Council is the registration authority
s 58B(1) Power to take action in relation to a thing done or omitted at the food premises 6 Delegates Where Council is the registration authority for the temporary or mobile food premises
s 58B(2) Power to take into account results of inspection, assessment, audit or other action taken by another registration authority in relation to temporary or mobile food premises 6 Delegates Where Council is the registration authority for the temporary or mobile food premises
s 59C(2) Power to take actions necessary to ensure compliance with direction under Part III or Part VII 6 Delegates
s 59C(7)(b) Power to recover costs incurred under s 59C(2) or (3) 4 Delegates
s 71(a) Power to revoke or suspend of the registration of the food premises under Part IIIB or s 40D in certain circumstances 2 Delegates
Freedom of Information Act 1982
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 7 Duty to publish information 1 Delegates
s 49D(3) Power to request a copy of the application from the Information Commissioner 1 Delegates
s 49G(3) Function of receiving notice from the Information Commissioner 2 Delegates
s 49I Duty to assist the Information Commissioner to undertake a review 1 Delegates
s 49K Function of consulting with the Information Commissioner 2 Delegates
s 49KA(2)(a) Function of processing or identifying a reasonable sample of the documents upon notice from the Information Commissioner 2 Delegates If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
s 49KA(2)(b) Function to undertake a further search, or to cause a further search to be undertaken, for documents in the possession, custody or control of the agency or Minister, upon notice from the Information Commissioner 2 Delegates If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
s 49KA(3) Duty to comply with requests under s 49KA(2) within the reasonable time stated in the Information Commissioner's notice, being not less than 10 business days 1 Delegates If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
s 49KA(4) Power to apply for extension 1 Delegates
s 49KA(7) Duty to notify the Information Commissioner within 3 business days after the end of the period referred to in s 49KA(2) or (3) of the information contained in s 49KA(7)(a)-(b) 2 Delegates If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
s 49KA(8) Function to have the matter referred from the Information Commissioner in accordance with s 49L 1 Delegates If the Information Commissioner reasonably believes that an agency or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of a review under Division 1
s 49L(1A) Duty to make a fresh decision where a matter is referred back to Council by the Information Commissioner 1 Delegates Decision must be made within 28 days of referral, unless other time period agreed under s 49L(2)
s 49L(2) Power to agree with the Information Commissioner to another time period for making the fresh decision under s 49L(1) 1 Delegates
s 49L(4) Duty to notify the Information Commissioner that a fresh decision has been made or has not been made 1 Delegates
s 49L(5) Duty to revoke the earlier decision where a fresh decision has been made and to inform the applicant of the requirements of s 49L(6) and the effect of s 49(7) 1 Delegates
s 49M(1) Power to exercise a choice to reconsider the subject matter of an application for review and make a fresh decision 1 Delegates Must advise the Information Commissioner and the applicant in writing

Decision must be made within 28 days of referral, unless other time period agreed under s 49M(2)

May make a fresh decision only once during a review under this part s 49M(8)
s 49M(2) Power to agree with Information Commissioner to another time period for making a fresh decision 1 Delegates
s 49M(4) Duty to notify the Information Commissioner in writing of a whether a fresh decision has or has not been made 2 Delegates
s 49M(5) Duty to revoke the earlier decision where a fresh decision has been made and to inform the applicant of the requirements of s 49M(6) and the effect of s 49M(7) 1 Delegates
s 49N Function of entering into an agreement in relation to a decision that is the subject of a review 1 Delegates
s 50(3D) Power to apply to the Tribunal for review of a decision of the Information Commissioner under s 49P 1 Delegates
s 50(3F) Duty to notify the Information Commissioner of an application for review under s 50(3D) 2 Delegates
s 50(3FA) Duty to notify the Information Commissioner of an application for review under s 50(3D1) (b), (c), (d) or (g) 1 Delegates
s 53(6) Power to make an application to the Tribunal for an extension of time 1 Delegates
s 53A(1) Duty to, if practicable, give written notice in accordance with s 53A(2) 1 Delegates
s 61E Duty to co-operate with Information Commissioner where a complaint relates to the agency 2 Delegates
s 61G Function of consulting with the Information Commissioner 2 Delegates
s 61GA(1)(a) Function of processing or identifying a reasonable sample of the documents upon notice from the Information Commissioner 2 Delegates Where the Information Commissioner believes that an agency, principal officer or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of the complaint under s 25A(1) or s 25A(5)
s 61GA(1)(b) Function to undertake a further search, or to cause a further search to be undertaken, for documents in the possession, custody or control of the agency or Minister, upon notice from the Information Commissioner 2 Delegates Where the Information Commissioner believes that an agency, principal officer or Minister has failed to undertake an adequate search for documents that relate to a decision
s 61GA(2) Duty to comply with requests under s 61GA(1) within the reasonable time stated in Information Commissioner's notice, being not less than 10 business days 2 Delegates
s.61GA(3) power to apply for extension 2 Delegates
s 61H Power to reach an agreement with a complainant 1 Delegates
s 61I(2) Power to make submissions to the Information Commissioner in relation to a complaint 2 Delegates
s.61L(5) Power to comment on, and respond to, a draft recommendation 1 Delegates
s 63BA(1) Power to apply to the Supreme Court to determine whether the Information Commissioner, or the Public Access Deputy Commissioner, has jurisdiction to serve a notice to produce or attend 1 Delegates
s 64B Duty to provide the Information Commissioner any information referred to in s 64(2) 2 Delegates
s 65AB Duty to notify the responsible Minister if Council seeks leave to appeal 1 Delegates
Gambling Regulation Act 2003
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 3.3.5 Function of receiving a copy of proposed applications 3 Delegates
s 3.3.5AA Function of receiving notification from the Commission 4 Delegates
s 3.3.5AB(2) Function of receiving a copy of the amended application 4 Delegates
s 3.3.5B Duty to notify the Commission in writing as to whether it intends to make a submission under s 3.3.6 4 Delegates
s 3.3.6 Power to make submission to Commission on application for approval of premises 4 Delegates
s 3.3.8(4) Function of receiving notification from the Commission of its decision 5 Delegates
s 3.3.14 Power to apply to Tribunal for review of Commission's decision granting approval of premises 4 Delegates
s 3.4.18(2) Function of receiving a copy of proposed request 4 Delegates
s 3.4.18A Function of receiving notification from the Commission that it has received a request 4 Delegates
s 3.4.18B(2) Function of receiving amended copies of proposed request 4 Delegates
s 3.4.18C Duty to notify Commission as to whether it intends to make a submission under s 3.4.19 4 Delegates
s 3.4.19 Power to make submission to the Commission addressing the economic and social impact of a proposed licence amendment on the wellbeing of the community of the municipal district in which the approved venue (or venue whose approval under Part 3 is suspended) is located; and taking into account the impact of the proposed amendment on surrounding municipal districts 4 Delegates
s 3.4.21(2) Power to apply to Tribunal for review of Commission's decision relating to amendment increasing number of gaming machines 4 Delegates
s 8.5.3(2) Function of receiving a copy of application for bingo centre 4 Delegates
s 8.5.5 Power to submit report to Commission on application received under s 8.5.3(3)(a) 4 Delegates
Gender Equality Act 2020
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 7(a) Duty to consider and promote gender equality 2 Delegates Where Council is a 'defined entity'
s 7(b) Duty to take necessary and proportionate action towards achieving gender equality 2 Delegates Where Council is a 'defined entity'
s 9(1) Duty to undertake a gender impact assessment 2 Delegates Where Council is a 'defined entity'
s 10(1) Duty to prepare a Gender Equality Action Plan 1 Delegates Where Council is a 'defined entity'
s 10(2)(a) Duty to take into account the gender equality principles in preparing a Gender Equality Action Plan 1 Delegates Where Council is a 'defined entity'
s 10(2)(b) Duty to consult in preparing a Gender Equality Action Plan 1 Delegates Where Council is a 'defined entity'
s 10(3) Duty to ensure adequate resources are allocated to developing and implementing the Gender Equality Action Plan
1 Delegates Where Council is a 'defined entity'
s 11(1) Duty to undertake a workplace gender audit before developing a Gender Equality Action Plan 1 Delegates Where Council is a 'defined entity'
s 11(2)(d) Power to determine any other matters that are relevant 1 Delegates Where Council is a 'defined entity'
s 12(1) Duty to submit a Gender Equality Action Plan to the Commissioner 1 Delegates Where Council is a 'defined entity'
s 12(2) Power to request an extension of time to submit the Gender Equality Action Plan 1 Delegates Where Council is a 'defined entity'
s 12(3)(a) Duty to, within a reasonable time after submitting the Gender Equality Action Plan to the Commissioner, publish the completed Gender Equality Action Plan on Council's website 1 Delegates Where Council is a 'defined entity'
s 12(3)(b) Duty to, within a reasonable time after submitting the Gender Equality Action Plan to the Commissioner, notify the councillors, employees and employee representatives of the publication 1 Delegates Where Council is a 'defined entity'
s 13(1) Power to submit to the Commissioner a report or document prepared by Council for another purpose and request that it be taken to be a Gender Equality Action Plan 1 Delegates Where Council is a 'defined entity'

In consultation with the Chief Executive Officer
s 13(3) Duty to, if a report or other document is taken to be a Gender Equality Action Plan, publish it on Council's website, and notify the councillors, employees and employee representatives of the publication 1 Delegates Where Council is a 'defined entity'
s 15(1) Power to amend its Gender Equality Action Plan at any time if considers the amendment is considered necessary 1 Delegates Where Council is a 'defined entity'
s 15(2)(a) Duty to submit the amended Gender Equality Action Plan to the Commissioner 1 Delegates Where Council is a 'defined entity'
s 15(2)(b) Duty to, within a reasonable time after submitting the amended Gender Equality Action Plan to the Commissioner, publish the amended plan on Council's website, and notify the councillors, employees and employee representatives of the publication 1 Delegates Where Council is a 'defined entity'
s 16(1) Duty to make reasonable and material progress in relation to the workplace gender equality indicators 2 Delegates Where Council is a 'defined entity'
s 18(1) Duty to make reasonable and material progress towards meeting gender equality targets prescribed 2 Delegates Where Council is a 'defined entity'
s 18(2) Duty to make reasonable and material progress towards meeting gender equality quotas prescribed 2 Delegates Where Council is a 'defined entity'
s 19(1) Duty to submit a progress report to the Commissioner 2 Delegates Where Council is a 'defined entity'
s 19(2) Power to request an extension of time to submit a progress report 1 Delegates Where Council is a 'defined entity'
s 19(4) Duty not to identify or report on a policy, program or service if it would disclose any of the information set out in s 19(4)(a) – (c)
2 Delegates Where Council is a 'defined entity'
s 20 Duty to publish Council's progress report on its website as soon as reasonably practicable after it is submitted under s 19(1) 1 Delegates Where Council is a 'defined entity'
s 22(1) Function of being issued with a compliance notice from the Commissioner 2 Delegates Where Council is a 'defined entity'
s 22(2) Duty to comply with the compliance notice 2 Delegates Where Council is a 'defined entity'
s 24(1) Power to, 14 days after receiving a compliance notice, give a written response to the Commissioner outlining Council's reasons for disagreeing with the compliance notice 1 Delegates Where Council is a 'defined entity'
s 25(1) Power to apply to the Tribunal for review of the Commissioner's decision to confirm a compliance notice under s 24(2)(c) 1 Delegates Where Council is a 'defined entity'
s 26(a) Power to provide the Commissioner with a written undertaking 1 Delegates Where Council is a 'defined entity'
s 27(2) Power to, with the consent of the Commissioner, withdraw or vary the undertaking 2 Delegates Where Council is a 'defined entity'
s 47(2) Duty to have regard to any guidelines issued under s 47(1) 2 Delegates Where Council is a 'defined entity'
s 48(2) Duty to have regard to the guidelines 2 Delegates Where Council is a 'defined entity' and subject to guidelines issued under s 48(1)

s 49(2) Duty to have regard to the guidelines 2 Delegates Where Council is a 'defined entity' and subject to guidelines issued under s 49(1)
s 51(1) Duty to, before publication, remove any personal information from a Gender Equality Action Plan and progress report 1 Delegates Where Council is a 'defined entity'
s 51(2) Duty to, when submitting to the Commissioner material that is likely to be published, advise the Commissioner whether the material contains any personal information 1 Delegates Where Council is a 'defined entity'
Graffiti Prevention Act 2007
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 18(1) Power to take action necessary to remove or obliterate graffiti from private premises where graffiti is visible from a public place, in accordance with s 18 3 Delegates
s 18(2) Power to enter private property for the purpose of s 18(1) if notice provided and owner has given written consent to removal of graffiti and entry 3 Delegates
s 18(2)(a) Power to serve notice regarding proposal to remove or obliterate graffiti at least 28 days before action proposed to be taken 3 Delegates
s 18(3)(a) Duty to serve notice regarding proposal to remove or obliterate graffiti at least 10 days before it is proposed to take action to remove or obliterate graffiti (where entry to private premises not necessary) 3 Delegates
s 18(3)(b) Power to remove or obliterate graffiti (where entry not necessary), Where written notice of proposed action given and owner gives consent or does not object in accordance with notice 3 Delegates
s 18(3A) Power to take further action to remove or obliterate graffiti 3 Delegates Within 3 months after Council has taken action under subsection (3)
s 18(8)(a) Duty to take reasonable steps to consult with owner or occupier in relation to manner of taking action to remove or obliterate graffiti 3 Delegates
s 18(8)(b) Duty to ensure that work is done by an authorised person, where entry to the property is necessary under s 18(1) 3 Delegates
s 18(8)(c) Duty to ensure that work is carried out expeditiously and to avoid unnecessary inconvenience and disruption and with reasonable care and to reasonable standards 3 Delegates
s 19(1) Power to authorise a person to carry out Council's functions under s 18. 1 Delegates
s 19(2)(c) Power to determine performance criteria for authorised persons 1 Delegates
s 20(1) Duty to issue an identity card to an authorised person 1 Delegates
Great Ocean Road and Environs Protection Act 2020
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 12 Duty to apply the principles set out in ss 13, 14, 15 and 16 in Part 3 when performing a function or duty or exercising a power in relation to the Great Ocean Road coast and parks 2 Delegates This provision applies to responsible entities including Colac Otway Shire Council, Corangamite Shire Council Moyne Shire Council, Surf Coast Shire Council and Warrnambool City Council

s 22(1)(f) Duty to comply with parts of the Great Ocean Road strategic framework plan that are binding on Council and duty to have regard to the other parts as required by the plan 2 Delegates This provision applies to responsible entities including Colac Otway Shire Council, Corangamite Shire Council Moyne Shire Council, Surf Coast Shire Council and Warrnambool City Council

s 41 Duty to make an approved Great Ocean Road strategic framework plan available for public inspection at the Council office and internet site 1 Delegates This provision applies to responsible entities including Colac Otway Shire Council, Corangamite Shire Council Moyne Shire Council, Surf Coast Shire Council and Warrnambool City Council

s 49A Function of providing information to the Authority 2 Delegates This provision applies to a responsible entity

s 49B Function of consulting with the Authority, if planning the development of visitor facilities or visitor infrastructure 3 Delegates This provision applies to a responsible entity


s 49C Duty to comply with guidelines issued by the Authority 1 Delegates This provision applies to a responsible entity

s 63 Duty to prepare an annual report on the implementation of the approved Great Ocean Road strategic framework plan during the previous year 2 Delegates This provision applies to responsible entities including Colac Otway Shire Council, Corangamite Shire Council Moyne Shire Council, Surf Coast Shire Council and Warrnambool City Council

Health Records Act 2001
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 48 Function of receiving notice of complaint from the Health Complaints Commissioner 2 Delegates
s 51(1) Function of receiving notice that Health Complaints Commissioner has declined to entertain a complaint 2 Delegates
s 51(3) Function of receiving notice that Health Complaints Commissioner referred complaint 2 Delegates
s 52(2) Function of receiving notice that Health Complaints Commissioner referred complaint to registration board 2 Delegates
s 53(2) Function of receiving notice that Health Complaints Commissioner has dismissed a stale complaint 2 Delegates
s 56(3) Power to indicate wishes with respect to whether conciliation appropriate 2 Delegates
s 56(4) Function of receiving notice of Health Complaints Commissioner's decision under s 56(1) 2 Delegates
s 57(4) Function of receiving notice that Health Complaints Commissioner has dismissed the complaint after deciding conciliation is inappropriate 2 Delegates
s 61(1)(b) Power to sign the record of a conciliation agreement 2 Delegates
s 61(2) Power to lodge a copy of the record with the Tribunal 2 Delegates
s 63(1) Function of receiving notice that conciliation has failed 2 Delegates
s 63(8) Function of receiving notice that Health Complaints Commissioner has dismissed the complaint following a failed conciliation 2 Delegates
s 63(10) Function of receiving notice that Health Complaints Commissioner is to conduct an investigation of the complaint 2 Delegates
s 64(2) Function of receiving notice of Health Complaints Commissioner's ruling 2 Delegates
s 64(7) Duty to report on action taken following notice of a ruling requiring specified action 2 Delegates
s 65(1) Power to require the Health Complaints Commissioner to refer the complaint to the Tribunal 2 Delegates
s 72 Power to apply to the Tribunal for review of a decision to serve a compliance notice 2 Delegates
s 73(1) Power to apply to the Tribunal for an interim order 2 Delegates
Heavy Vehicle National Law 2012
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 118(1)(b) Duty to give or not give consent to the grant of a mass or dimension exemption notice for a category of heavy vehicles
1 Delegates Where Council is the relevant road manager

Must comply with requirements of s 156
s 124(1)(b) Duty to give or not give consent to the grant of a mass or dimension exemption permit for a heavy vehicle
1 Delegates Where Council is the relevant road manager

Must comply with requirements of s 156
s 139(1)(b) Duty to give or not give consent to the grant of a class 2 heavy vehicle authorisation notice 1 Delegates Where Council is the relevant road manager
s 145(1)(b) Duty to give or not give consent to the grant of a class 2 heavy vehicle permit 1 Delegates Where Council is the relevant road manager
s 156(1) Duty to give or not give consent 1 Delegates Where Council is the relevant road manager
s 156(2) Power to request a longer period to decide to give or not give consent under s 156(1) 1 Delegates Where Council is the relevant road manager
s 156(3) Function of giving Regulator a written statement explaining its decision not to give consent
1 Delegates Where Council is the relevant road manager

Statement must comply with s 172
s 157(2) Function of receiving notice from the Regulator that an applicant has been notified of the third party consultation requirement 1 Delegates Where Council is the relevant road manager
s 158(2) Duty to, as far as practicable, deal with the request for consent, where consultation with other entity is not yet completed 1 Delegates Where Council is the relevant road manager
s 158(4) Power to decide to give or not give the consent in the circumstances
1 Delegates Where Council is the relevant road manager
s 159 Power to notify the Regulator that a route assessment is required and the fee payable for the route assessment
1 Delegates Where Council is the relevant road manager
s 159(4) Power to stop considering whether to give or not to give consent until route assessment fee is paid
1 Delegates Where Council is the relevant road manager
s 160(1) Power to consent to the grant of a mass or dimension authority subject to a road condition listed in (a) or (b)
1 Delegates Where Council is the relevant road manager
s 160(2) Duty to give the Regulator a written statement explaining the decision to consent subject to conditions 1 Delegates Where Council is the relevant road manager

Statement must comply with s 172
s 161(1) Power to consent to the grant of a mass or dimension authority subject to a travel condition
1 Delegates Where Council is the relevant road manager
s 161(2) Duty to give the Regulator a written statement explaining the decision to consent subject to travel conditions
1 Delegates Where Council is the relevant road manager

Statement must comply with s 172

s 162(1) Power to request the Regulator to impose a stated vehicle condition on the authority
1 Delegates Where Council is the relevant road manager
s 162(2)(b) Function of being notified of the decision under s 162(2)(a) 1 Delegates Where Council is the relevant road manager
s 163(3) Duty to give or not give consent within 3 months or longer as agreed with Regulator
1 Delegates Where Council is the relevant road manager
s 167(2)(b) Power to give the Regulator a notice of objection to the application of s 167 to the proposed replacement authority
1 Delegates Where Council is the relevant road manager
s 167(2)(c) Function of receiving notice that the Regulator withdraws the proposed replacement authority from the expedited procedure
1 Delegates Where Council is the relevant road manager
s 167(3) Power to give written notice of consent or refusal

1 Delegates Where Council is the relevant road manager
s 169 Power to give consent to the grant of a mass or dimension authority for a trial period 1 Delegates Where Council is the relevant road manager
s 170(1) Function of being notified by the Regulator of renewal of mass or dimension authority for trial period
1 Delegates Where Council is the relevant road manager
s 170(3) Power to give written objection
1 Delegates Where Council is the relevant road manager
s 174(2)(a) Power to request the Regulator to amend the mass or dimension authority, where satisfied of matters in s 174(1)
1 Delegates Where Council is the relevant road manager
s 174(2)(b) Power to request the Regulator to cancel the mass or dimension authority, where satisfied of matters in s 174(1)
1 Delegates Where Council is the relevant road manager
s 174(4)(c) Function of receiving notice from the Regulator that the road authority must not comply with the request
1 Delegates Where Council is the relevant road manager
s 176 Duty to give or not give consent to an amendment of a mass or dimension authority

1 Delegates Where Council is the relevant road manager

The provisions relating to a request for consent under Division 2 of the Act apply to the request for consent under s 176
s 178(2)(a) Power to request the Regulator to amend the mass or dimension authority, where satisfied of matters in s 178(1)
1 Delegates Where Council is the relevant road manager
s 178(2)(b) Power to request the Regulator to cancel the mass or dimension authority, where satisfied of matters in s 178(1)

1 Delegates Where Council is the relevant road manager
s 178(4)(c) Function of receiving notice from the Regulator that the road authority must not comply with the request
1 Delegates Where Council is the relevant road manager
s 180(2) Function of receiving notice from the Regulator 1 Delegates Where Council is the relevant road manager
s 611(2) Power to apply for a compensation order

1 Delegates
s 612 Function of preparing certificate
1 Delegates
s 613(1) Duty to give a copy of a certificate referred to in s 612 to the defendant at least 28 days before hearing
1 Delegates
s 613(3) Function of receiving notice that defendant intends to challenge the matter
1 Delegates
s 643(2) Function of receiving referral of review application 1 Delegates
s 644 Duty to conduct internal review of reviewable decision and give applicant a reasonable opportunity to make written or oral representations
1 Delegates Where Council is the relevant road manager
s 645(1) Duty to either confirm or amend decision or substitute another decision for the reviewable decision

1 Delegates Where Council is the relevant road manager
s 645(5) Duty to, as soon as practicable, give the Regulator notice of the review 1 Delegates Where Council is the relevant road manager
Heavy Vehicle National Law Application Act 2013
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 18(2) Power to enter into an arrangement to transfer a function 1 Delegates In respect of roads where Council is the relevant road manager
Heritage Act 2017
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 29(4) Function of receiving statement refusing a nomination from Executive-Director 5 Delegates
s 30(9) Function of receiving written notice from Heritage Council of outcome of application for review 5 Delegates
s 34(1) Function of receiving notice of acceptance of nomination from Executive Director 5 Delegates
s 40(1) Function of receiving statement from Executive Director of recommendation not to include place or object in Heritage Register 5 Delegates
s 53(6) Function of receiving notice of amendment to heritage register from Executive Director 5 Delegates
s 63(2) Function of receiving notice of expedited amendment of Heritage Register 5 Delegates
s 96(5) Function of receiving copy of amended permit application 5 Delegates
s 100(1) Function of receiving copy of permit application from Executive Director 5 Delegates
s 100(2) Power to make written submission to Executive Director in relation to application received under s 100(1) 1 Delegates
s 105(4) Function of receiving notice of receipt of application to amend a permit from Executive Director 5 Delegates
s 106(5) Function of receiving notice of application for review for permit to carry out works from Heritage Council 5 Delegates
s 108(4) Power to request a hearing be held by the Heritage Council in relation to an application for review under s 107 of Executive Director's determination 1 Delegates
s 108(5) Power to appear and be heard or represented at a hearing into review of Executive Director's determination 5 Delegates
s 108(9) Function of receiving written notice from Executive Director of Heritage Council's determination of review 5 Delegates
s 110 Function of receiving notice from Minister of referral of a matter to VCAT under s 109(2)(b) 5 Delegates
s 112 Function of receiving notice from Executive Director of decision by VCAT under s 111 5 Delegates
s 114(2) Function of receiving notice from Executive Director of decision by Minister in relation to application for review 5 Delegates
s 120 Function of receiving written notice of removal of site from Heritage Inventory 3 Delegates
s 131(1) Function of receiving notice of recommendations made under s 130 by Executive Director 3 Delegates
s 133(3) Function of receiving written notice from Heritage Council of approval of recommendation for a site of archaeological value 3 Delegates
s 179 Function of receiving notice of approval of World Heritage Strategy Plan 1 Delegates
Housing Act 1983
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 15(1)(d) Function of consenting to any development, control, etc. of any land 2 Delegates
s 34(1) Function of entering into arrangements with Homes Victoria whereby Council carries out works 1 Delegates
s 34(3) Power to enter into arrangements with Homes Victoria for the purposes of this Act 1 Delegates
s 67(1)(a) Power to do all things to make house comply with regulations or to give effect to direction 4 Delegates
s 67(1)(b) Power to demolish house (where case so requires) 2 Delegates
s 67(2) Power to recover expenses 2 Delegates
s 67(3) Power to sell or dispose of material 2 Delegates
s 68(1) Power to order that house
(a) be and remain unoccupied; or
(b) be vacated by the occupier
3 Delegates
s 68A Power to revoke declaration 3 Delegates
s 71(1) Power to authorise person for purposes of s 71 3 Delegates
sch 2 cl 3(1) Power to sell or give to Homes Victoria any land vested in it, other than Crown land 1 Delegates
The CEO shall be consulted prior to entering an agreement
sch 2 cl 3(2) Power to lease land, enter into agreements with Homes Victoria concerning land, or apply funds for carrying out such agreement 1 Delegates
The MPPC shall be consulted prior to entering an agreement
sch 6 cl 1 Duty to lodge signed certificate 2 Delegates
sch 6 cl 1 Power to authorise staff member to sign certificate 1 Delegates
sch 6 cl 2 Power to request recording in Register 1 Delegates
sch 6 cl 6 Duty to lodge notice with the Registrar of Titles that the declaration has ceased to operate 1 Delegates
sch 6 cl 7(1) Power to require occupier to pay to Council any money owing 1 Delegates
sch 6 cl 7(2) Duty to forward a copy of any notice under cl 7(1) to the owner of the house concerned 1 Delegates
sch 6 cl 7(5) Duty to notify occupier if Council receives any payment 1 Delegates
Impounding of Livestock Act 1994
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 9(3) Function of receiving notice from owner or occupier of whereabouts of livestock 3 Delegates
s 10 Power to give written permission to owner or occupier of land to impound livestock on their land for longer than 4 days 3 Delegates
s 14 Duty to keep record of impounded livestock 2 Delegates
s 15 Duty to ascertain owner of livestock and serve a notice of seizure on the owner as soon as possible 2 Delegates
s 16 Duty to release livestock 2 Delegates
s 16A(3) Power to approve form of notice to be served under s 16A(1) 2 Delegates
s 16B(3) Power to approve form of notice to be served under s 16B(1) 2 Delegates
s 17 Duty to hold livestock for seven days, or 3 days after time within which measures must be taken under notice served , prior to disposal 2 Delegates
s 17A Duty to hold livestock for 14 days prior to disposal in accordance with Part 2 2 Delegates Where authorised officer of Council has impounded livestock under section 5A of the Act
s 18 Power to offer uncollected livestock for sale 2 Delegates
s 19 Duty to give public notice of intention to sell livestock 2 Delegates
s 20 Duty to apply the proceeds of the sale of livestock in the order set out in s 20(1) 2 Delegates
s 21 Power to dispose of livestock including destroying or re-housing 1 Delegates
s 22 Function of posting written notice of the impounding of livestock at the pound where they are held 2 Delegates
s 27 Function of receiving notice of proceedings 2 Delegates
s 28(1) Duty to not sell or dispose of impounded livestock until (a) the time limit in s 27(2) has expired or (b) the proceedings have been determined or withdrawn, where Council receives notification of proceeding under s 27(1) 2 Delegates
s 28(3) Power to release impounded livestock pending determination of proceedings 3 Delegates
s 29(2) Duty to release impounded livestock and convey it to the owner at Council's expense where Magistrates' Court determines impounding was in contravention of this Act 3 Delegates
s 30 Power to recover outstanding amount as a debt 1 Delegates
s 33A Power to appoint an authorised officer for the specific purpose of filing charge-sheets in respect of an alleged offence committed in the municipal district
1 Delegates
Independent Broad-Based Anti-Corruption Commission Act 2011
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 15(6) Function of consulting with and receiving information from the Independent Broad-based Anti-Corruption Commission (IBAC)
2 Delegates
s 35(2) Power to enter into agreements or arrangements for use of services with the Independent Broad-based Anti-Corruption Commission (IBAC)
2 Delegates
s 56 Function of providing information to the Independent Broad-based Anti-Corruption Commission (IBAC)
2 Delegates
Infringements Act 2006
PROVISION ITEM DELEGATED DELEGATE CONDITIONS & LIMITATIONS
s 3 Power to appoint an issuing officer 1 Delegates
s 6 Duty to provide Attorney-General with prescribed information 4 Delegates
s 9 Power to make and publish guidelines and policies in respect of the use of official warnings for infringement offences 4 Delegates
s 11 Duty to withdraw an official warning in certain circumstances 4 Delegates
s 15 Power to accept late payment of infringement penalty 4 Delegates
s 17(1) Power to refer certain matters to the Court 4 Delegates
s 17(3) Power to withdraw infringement notice and file a charge and summons in the Children's Court in some circumstances 4 Delegates
s 18(1) & (2) Power to withdraw an infringement notice in some circumstances 4 Delegates
s 22 Function of receiving application for review of decision to serve infringement notice 4 Delegates Note: An internal review conducted under this Division must be conducted by a person employed by Council and who did not issue the infringement notice
s 23(1) Power to request additional information required to conduct review 4 Delegates
s 23(2) Duty to suspend review where request made under s 23(1) 4 Delegates
s 23(4) Power to refuse or grant request for extension of time made under s 23(3)(b) 4 Delegates
s 23(5) Duty, if extension of time granted under s 23(4)(b), to inform applicant in writing of the period of the extension 4 Delegates
.23(6)(a) Power, if applicant fails to provide information requested under s 23(1) within time under s 23(3) or, within the period of extension if an extension is granted under s 23(4)(b), to review the decision under s 24 without additional information 4 Delegates
s 23(6)(b)(i) & (ii) Power, if applicant fails to provide information requested under s 23(1) within time under s 23(3) or, within the period of extension if an extension is granted under s 23(4)(b), to accept information provided by the applicant out of time and to review the decision under s 24 with that late information 4 Delegates
s.24(1)(a) & (b) duty, if application for review under section 22(1)(a), (b) or (c) is received, to review decision to serve infringement notice and suspend procedures used for enforcement of infringement penalty until review complete and applicant is sent advice of outcome 4 Delegates
s 24(1A) Duty to review whether person unlikely to have been aware of infringement notice, and suspend procedures until review complete and applicant is sent advice of outcome 4 Delegates