Recently it was brought to Council’s attention that an administrative oversight had occurred and Council, under the obligations of s 98(6) of the Act, had failed to review its delegations to the CEO within 12 months of the general election held in 2016.
Once this error was discovered and confirmed, legal advice was obtained and a report prepared for submission to the next available Council meeting to be held on 20 November 2019 to review the delegations.
The breach will also be reported to the next City of Ballarat Audit Committee and notification provided to the Local Government Inspectorate and Department of Local Government.
Notwithstanding the breach, Council’s advice is that delegations to the CEO remain valid and effective, all decisions made by the CEO that rely on the Instrument of Delegation remain valid and effective and none are open to challenge because of the failure to comply with the review requirements.
