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City of Wollongong

Legal Services Delegations

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Title: Title Delegations: Delegations
Name: General Counsel Delegations:

AA05 Authority to commence proceedings for an offence pursuant to section 684 of the Local Government Act 1993 (NSW).

AA06 Authority to represent Council as though they are the party concerned in Local Court proceedings and institute and carry on any Local Court proceedings which Council is authorised to institute and carry on pursuant to section 687(a) and (b) of the Local Government Act 1993 (NSW).

AA20 Authorise correspondence of a non-standard nature, such as interpretation of Council policy and responses to public complaints, in accordance with other delegations granted to the position and Management Policy “Authorising Council Documents”, with the exception of correspondence to Members of Parliament or those for the direct attention of heads of government departments and agencies.

AA29 Determine a request made by a person pursuant to section 739 of the Local Government Act 1993 (NSW) that any material that is available (or is to be made available) for public inspection by or under that Act be prepared or amended so as to omit or remove any matter that would disclose or discloses the person's place of living if the person considers that the disclosure would place or places the personal safety of the person or the person's family at risk.

CP01 Make application, or instruct the Council’s lawyers, to make an application to the Local Court or the Land & Environment Court for an order directing that a provider of water, electricity or gas to a brothel cease to provide those services, pursuant to clause 35(3) of Schedule 5 (Development Control Orders) of the Environmental Planning & Assessment Act 1979 (NSW).

CP02 Make application, or instruct Council’s lawyers to make application to the Land & Environment Court for a brothel closure order pursuant to section 17 of the Restricted Premises Act 1943 (NSW)

CP59 Negotiate draft terms of a proposed planning agreement, or the proposed amendment or revocation of a planning agreement, pursuant to Part 7 of the Environmental Planning and Assessment Act 1979 (NSW) and relevant Council policies, for endorsement by the Council.

F03 Authorise expenditure for works, services, facilities and goods for Council, including the issuing of a Letter of Award for a Contract, pursuant to section 211 of the Local Government (General) Regulation 2021 of not more than $50,000 (including GST) within approved budget limits and sign documents arising therefrom.

F19 Invite and accept quotations, with the acceptance of quotations being subject to approval from a relevant delegated authority, for a proposed contract on behalf of the Council in accordance with the requirements of Council's Procurement Framework.

F32 Procure goods or services for the Council by means of a Council Purchase Card subject to a monthly limit of $5,000 (including GST) and compliance with Council's Purchase Card Policy and Procurement Policy.

HR01 Authorise timesheets for employees within the area of control of the position.

HR02 Issue a first warning, in accordance with the procedure set out in Step 1 of the Disciplinary Procedure in Council's Enterprise Agreement.

HR03 Issue a written warning, in accordance with the procedure set out in Step 2 of the Disciplinary Procedure in Council's Enterprise Agreement.

HR04 Issue a final warning, in accordance with the procedure set out in Step 3 of the Disciplinary Procedure in Council's Enterprise Agreement.

HR05 Initiate suspension with a view to termination or dismissal with due notice, in accordance with the procedure set out in Step 4 of the Disciplinary Procedure in Council's Enterprise Agreement.

HR06 NOTE: ONLY TO BE GRANTED TO DIRECTORS AND SENIOR MANAGERS Initiate summary dismissal, in accordance with the Summary Dismissal procedure set out in the Disciplinary Procedure in Council's Enterprise Agreement.

HR07 NOTE: ONLY TO BE GRANTED TO DIRECTORS AND SENIOR MANAGERS Appoint staff in accordance with the Council's organisation structure and resources approved by the Council.

HR08 NOTE: ONLY TO BE GRANTED TO DIRECTORS AND SENIOR MANAGERS Determine an application for secondary employment submitted by a temporary, casual or part-time staff member.

M01 Exercise the functions of the Council position to which the position-holder is appointed in accordance with the job description for that position, Council's Enterprise Agreement and management direction.

M02 Exercise the functions of the Council position to which the position-holder is temporarily appointed in accordance with the job description for that position, Council's Enterprise Agreement and management direction.

M03 Direct officers of Council within the position-holder’s area of responsibility.

M07 Commence, carry on or discontinue legal proceedings in any Court or Tribunal of competent jurisdiction on behalf of the Council (including the filing of Court Attendance Notices).

M08 Nominate and instruct legal service providers to act for, or advise, the Council in respect of any matter, including proceedings for and against the Council and the giving of instructions to the Council’s legal service provider during the course of proceedings.

M11 Represent the Council and act on its behalf in any bankruptcy or winding up proceedings, pursuant to section 688 of the Local Government Act 1993 (NSW).

Name: Legal Administration Officer Delegations:

F01 Authorise expenditure for works, services, facilities and goods for Council, including the issuing of a Letter of Award for a Contract, pursuant to section 211 of the Local Government (General) Regulation 2021 of not more than $1,000 (including GST) within approved budget limits and sign documents arising therefrom.

M01 Exercise the functions of the Council position to which the position-holder is appointed in accordance with the job description for that position, Council's Enterprise Agreement and management direction.

M02 Exercise the functions of the Council position to which the position-holder is temporarily appointed in accordance with the job description for that position, Council's Enterprise Agreement and management direction.

Name: Legal Counsel Delegations:

AA05 Authority to commence proceedings for an offence pursuant to section 684 of the Local Government Act 1993 (NSW).

AA06 Authority to represent Council as though they are the party concerned in Local Court proceedings and institute and carry on any Local Court proceedings which Council is authorised to institute and carry on pursuant to section 687(a) and (b) of the Local Government Act 1993 (NSW).

AA20 Authorise correspondence of a non-standard nature, such as interpretation of Council policy and responses to public complaints, in accordance with other delegations granted to the position and Management Policy “Authorising Council Documents”, with the exception of correspondence to Members of Parliament or those for the direct attention of heads of government departments and agencies.

AA29 Determine a request made by a person pursuant to section 739 of the Local Government Act 1993 (NSW) that any material that is available (or is to be made available) for public inspection by or under that Act be prepared or amended so as to omit or remove any matter that would disclose or discloses the person's place of living if the person considers that the disclosure would place or places the personal safety of the person or the person's family at risk.

CP01 Make application, or instruct the Council’s lawyers, to make an application to the Local Court or the Land & Environment Court for an order directing that a provider of water, electricity or gas to a brothel cease to provide those services, pursuant to clause 35(3) of Schedule 5 (Development Control Orders) of the Environmental Planning & Assessment Act 1979 (NSW).

CP02 Make application, or instruct Council’s lawyers to make application to the Land & Environment Court for a brothel closure order pursuant to section 17 of the Restricted Premises Act 1943 (NSW)

CP59 Negotiate draft terms of a proposed planning agreement, or the proposed amendment or revocation of a planning agreement, pursuant to Part 7 of the Environmental Planning and Assessment Act 1979 (NSW) and relevant Council policies, for endorsement by the Council.

F02 Authorise expenditure for works, services, facilities and goods for Council, including the issuing of a Letter of Award for a Contract, pursuant to section 211 of the Local Government (General) Regulation 2021 of not more than $10,000 (including GST) within approved budget limits and sign documents arising therefrom.

F19 Invite and accept quotations, with the acceptance of quotations being subject to approval from a relevant delegated authority, for a proposed contract on behalf of the Council in accordance with the requirements of Council's Procurement Framework.

HR01 Authorise timesheets for employees within the area of control of the position.

M01 Exercise the functions of the Council position to which the position-holder is appointed in accordance with the job description for that position, Council's Enterprise Agreement and management direction.

M02 Exercise the functions of the Council position to which the position-holder is temporarily appointed in accordance with the job description for that position, Council's Enterprise Agreement and management direction.

M03 Direct officers of Council within the position-holder’s area of responsibility.

M07 Commence, carry on or discontinue legal proceedings in any Court or Tribunal of competent jurisdiction on behalf of the Council (including the filing of Court Attendance Notices).

M08 Nominate and instruct legal service providers to act for, or advise, the Council in respect of any matter, including proceedings for and against the Council and the giving of instructions to the Council’s legal service provider during the course of proceedings.

M11 Represent the Council and act on its behalf in any bankruptcy or winding up proceedings, pursuant to section 688 of the Local Government Act 1993 (NSW).