Registers are required to be kept under the Local Government Act 1999
Council Members are entitled to receive an annual allowance for performing and discharging official functions and duties, and reimbursement of expenses incurred.
Council allowances are set by the Remuneration Tribunal.
In accordance with Section 79 of the Local Government Act 1999, all Elected Member allowances and benefits will be recorded in the register of allowances and benefits.
To ensure transparency and good governance the City of Whyalla records all allowances and benefits in the register as required by legislation as well as any equipment, service or expenses incurred that supports the elected members in undertaking their role.
The Chief Executive Officer has exercised delegations from the Council under a variety of State legislation to authorise Council staff as 'Authorised Persons'.
Authorised Persons have a wide range of powers to administer the statutes under which they are appointed.
Authorised Persons from the City of Whyalla will carry identification indicating their status as Authorised Officers and the statutes under which they are authorised.
Councils in South Australia have a broad range of statutory functions, powers and duties.
Many regulatory functions of councils are undertaken by persons appointed as authorised persons pursuant to legislation.
A person appointed as an authorised person under legislation has the functions and powers which the legislation prescribes in relation to that appointment.
Councils in South Australia are able to establish By-Laws under the Local Government Act 1999.
By-Laws are local laws established by councils to deal with issues specific to the areas under the care and control of council and to manage the convenience, comfort and safety of the community.
Whyalla City Council has 10 By-Laws that specifically address issues identified as requiring Council management and resourcing.
The Register of By-Laws and Certified Copies contains all of Council's By-Laws and copies of Certificates of Validity.
- A by-law to create a permit system for Council by-laws, to fix maximum and continuing penalties for offences, and for the construction of Council by-laws.
- A by-law to regulate the access to and use of Local Government land (other than roads), and certain public places.
- A by-law to regulate certain activities on roads in the Council area.
- A by-law to set standards for movable signs on roads and to provide conditions for the placement of such signs.
- A by-law to limit the number of dogs kept on premises and for the management and control of dogs in the Council area.
- A by-law to limit the number of cats kept on premises and for the management and control of cats in the Council area.
- A by-law to regulate camping and the use of caravans in the Council’s area.
- A by-law to regulate and control the removal of household waste from premises, for the prevention and suppression of nuisances, and to manage Council property.
No. 9 Boat Harbors and Facilities
- A by-law to regulate the use of harbours, boat ramps and lands adjacent thereto which are under the care, control and management of the Council or its agents.
- A by-law for the management of land comprising the Foreshore
Delegations - General Information
Councils have certain duties that they must perform, and certain powers which they may exercise, pursuant to the Local Government Act 1999 as well as a range of other Acts. In most cases the relevant Acts grant those obligations and powers directly on the Council as a body. It is not practical or efficient for the Council as a body of elected members to perform the many functions or undertake the many activities that are required in the day to day administration of the Council's roles and functions. Delegations are the way in which the Council enables other people/bodies (usually Council officers) to undertake these steps on its behalf. Therefore it is necessary for the Council to take formal steps to delegate to such people/bodies the authority to make decisions, perform functions or undertake activities on behalf of the Council.
If the delegations are not done properly, the enforceability of decisions and actions taken may be compromised and there may be legal and administrative problems for the Council.
As a matter of best practice it is usual for delegations to be made by the Council to the Chief Executive Officer. Once the delegations to the Chief Executive Officer have been made, it is appropriate for the Chief Executive Officer to make sub delegations to the relevant Council officers.
Current Delegations
Delegations and Sub-Delegations Document
Legislative Requirements Relating To Delegations
Section 44 of the Local Government Act 1999 provides that the Council may delegate a power or function vested or conferred under this or another Act. Some other Acts also contain a specific power of delegation. Delegations made by the Council under Section 44 of the Local Government Act 1999 can be made to a Council committee, a subsidiary of the Council, an employee of the Council, the employee of the Council for the time being occupying a particular office or position or, an authorised person. Other Acts may specify different delegates than the Local Government Act 1999. A delegation made pursuant to Section 44 of the Local Government Act 1999 is revocable at will and does not prevent the Council from acting in a matter.
Pursuant to Section 44(3) of the Local Government Act 1999 there are a number of matters which Councils cannot delegate. They include the following:
(a) (f) (h) (j) | power to make a by-law; |
Section 44 of the Local Government Act 1999 sets out various other matters in relation to delegations. For example:
- Section 44(6) provides that the Council must cause a separate record to be kept of all delegations made under Section 44, and should at least once in every financial year review the delegations for the time being in force under Section 44;
- Section 44(7) provides that a person is entitled to inspect (without charge) the record of delegations under Section 44(6) at the principal office of the Council during ordinary office hours.
Section 101 of the Local Government Act 1999 provides that the Chief Executive Officer may delegate (or sub-delegate) a power or function vested or conferred in or on the Chief Executive Officer under the Local Government Act 1999. Section 101 sets out various other matters in relation to delegations (or sub-delegations) by the Chief Executive Officer. A delegation by the Chief Executive Officer made under Section 101 of the Local Government Act 1999 may be made to an employee of the Council, or to the employee for the time being occupying a particular office or position, a committee comprising employees of the Council, or an authorised person.
Elected Members
For the purposes of Clause 3.10 of the Code of Conduct for Council Members adopted under Section 63 (1) of the Local Government Act 1999, any Gift or Benefit received must also be registered if its value is higher than $100.
Council Member Gifts and Benefits Register 2022 - 23
Council Member Gifts and Benefits Register 2021 - 22
Council Employees
For the purposes of Clause 1.5 of the Local Government (General) (Employee Code of Conduct) Variation Regulations 2018 adopted for the purposes of section 110(1) of the Local Government Act 1999, any Gift or Benefit received by a Council Employee must also be registered in this Gifts and Benefits Register if its value is higher than $50.
Council Employees Gifts and Benefits Register 2020-2025Council Employees Gifts and Benefits Register 2015 - 2020
Section 68 of the Local Government Act requires the CEO to maintain the Register of Interests and enter into the Register all information provided by council members in their primary and ordinary returns. The type of information to be provided is specified in the Local Government Act and forms determined by the Minister.
The Register of Remuneration, Salaries & Benefits is a register of all staff salaries
Council is required by the Local Government Act 1999, Section 231 to keep a register of Public Roads in its area.