❓ Hon ED DERMER questions the Minister for Local Government regarding delegation of decision-making powers to departmental officers, seeking details on the extent, justification, and oversight of these delegations. The Minister provides information on the delegations and takes part of the question on notice.
AnsweredQoN 219Legislative Council
QuestionView source ↗
MINISTER FOR
LOCAL GOVERNMENT — DELEGATIONS
219. Hon ED DERMER to the minister representing the Minister
for Local Government:
(1) Has the
Minister for Local Government delegated any of his decision-making powers to
the director general or any other officers of his department; and, if so, how
many?
(2) Will the minister table a list of each of these delegations
and the section of the act to which they relate?
(3) Why has the minister delegated each of these powers?
(4) Is the
minister consulted in reference to the exercise of these delegated
decision-making powers?
(5) Has the
minister set in place any policy framework for the exercise of these delegated
powers; and, if yes, will he table a copy of the framework?
LOCAL GOVERNMENT — DELEGATIONS
219. Hon ED DERMER to the minister representing the Minister
for Local Government:
(1) Has the
Minister for Local Government delegated any of his decision-making powers to
the director general or any other officers of his department; and, if so, how
many?
(2) Will the minister table a list of each of these delegations
and the section of the act to which they relate?
(3) Why has the minister delegated each of these powers?
(4) Is the
minister consulted in reference to the exercise of these delegated
decision-making powers?
(5) Has the
minister set in place any policy framework for the exercise of these delegated
powers; and, if yes, will he table a copy of the framework?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1) Yes. Thirteen officers have been delegated.
(2) The
relevant sections under the Local Government Act 1995 are: section 2.25(2),
leave of absence—more than six consecutive ordinary meetings; section 5.7(1),
reduction of number of offices for a quorum; section 5.7(2), reduction of
number of offices where absolute majority otherwise required; section 5.69,
disclosing member's participation at meetings—member has
disclosed interest in matter; section 5.69A, exemption of committee members
from disclosure requirements; section 6.2(1), extension of time to prepare and
adopt budget; section 6.4(3), extension of time to submit accounts and annual
financial report to auditor; section 6.28(1), determine method of land
valuation and publication of determination; section 6.33(3), imposition of
differential general rates—more than twice the lowest rate imposed;
section 6.35(5), imposition of minimum payment—greater than general
rate, on vacant land; section 6.74, land revestment in Crown if rates in
arrears of three years—rateable vacant land; and section 7.5, approval
of an approved auditor. The relevant section under the Cemeteries Act 1986 is
section l2, burial outside declared cemetery.
(3) It is
standard practice for ministers to delegate powers of a technical or
administrative nature.
(4) The
minister is provided with a quarterly report of the exercise of those
delegations.
(5) There are
frameworks in place. However, given that the framework is dependent on the
nature of the power, this may take some time to collate, and I take this
question on notice.
some notice of the question.
(1) Yes. Thirteen officers have been delegated.
(2) The
relevant sections under the Local Government Act 1995 are: section 2.25(2),
leave of absence—more than six consecutive ordinary meetings; section 5.7(1),
reduction of number of offices for a quorum; section 5.7(2), reduction of
number of offices where absolute majority otherwise required; section 5.69,
disclosing member's participation at meetings—member has
disclosed interest in matter; section 5.69A, exemption of committee members
from disclosure requirements; section 6.2(1), extension of time to prepare and
adopt budget; section 6.4(3), extension of time to submit accounts and annual
financial report to auditor; section 6.28(1), determine method of land
valuation and publication of determination; section 6.33(3), imposition of
differential general rates—more than twice the lowest rate imposed;
section 6.35(5), imposition of minimum payment—greater than general
rate, on vacant land; section 6.74, land revestment in Crown if rates in
arrears of three years—rateable vacant land; and section 7.5, approval
of an approved auditor. The relevant section under the Cemeteries Act 1986 is
section l2, burial outside declared cemetery.
(3) It is
standard practice for ministers to delegate powers of a technical or
administrative nature.
(4) The
minister is provided with a quarterly report of the exercise of those
delegations.
(5) There are
frameworks in place. However, given that the framework is dependent on the
nature of the power, this may take some time to collate, and I take this
question on notice.
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