Sample Community Asset Committee Instrument of Delegation

Instrument of Delegation Chief Executive Officer to Community Asset Committee

In exercise of the power conferred by s 47(1)(b) of the Local Government Act 2020 (Act), I, as Chief Executive Officer of Moyne Shire Council, by this Instrument of Delegation

  1. delegate to each person who is from time to time appointed as a member of the Community Asset Committee established by resolution of Council passed on 25 August 2020 and known as “??? Community Asset Committee” (Community Asset Committee) the powers, functions and duties set out in the Schedule;

  2. declare that a delegate can only exercise the delegations contained in this Instrument of Delegation while acting as a member of the Community Asset Committee at a meeting of the Community Asset Committee;

  3. declare that this Instrument of Delegation –
    1. comes into force immediately upon its execution;
    2. remains into force until varied or revoked; and
    3. is subject to the conditions and limitations set out in paragraph 4 and 5, and in the Schedule;
  4. declare that the delegate must comply with specified governance requirements to ensure appropriate standards of probity are met and monitor and report on the activities and performance of the Community Asset Committee;
  • declare that the delegate must not determine an issue, take an action or do an act or thing if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation, whether on account of s 47 of the Act or otherwise.

This Instrument of Delegation is dated <<INSERT DATE>> and is made by the Chief Executive Officer.

Signed by the Chief Executive Officer of Council in the presence of:

Witness

Schedule

Powers, functions and duties

To manage the following community asset: ???

And for that purpose

  1. to enter into contracts, and to incur expenditure, not exceeding the value of $10,000 and for the specific purpose of operating, maintaining and managing the community asset; and

  2. to manage and maintain the community asset in accordance with the Moyne Shire Community Asset Committee Terms of Reference and accompanying Maintenance Schedule as updated from time to time; and

  3. to facilitate public access to the community asset including operating a booking system and collecting booking fees; and

  4. to provide advice to Council on matters pertaining to the community asset; and

  5. to do all things necessary or convenient to be done for or in connection with the performance of the powers, functions and duties.

    Requirements

    The members of the Community Asset Committee must, when exercising the powers, functions and duties delegated to them:

  6. comply with all applicable Acts, Regulations and Council Policies relevant to the community asset, its management and operations; and

  7. ensure maintenance tasks for which the Community Asset Committee is responsible are conducted safely and completed to an appropriate standard; and

  8. prioritise the safety of community asset users; and

  9. comply with the following governance requirements:
    1. . the Committee Meetings requirements provided in the Terms of Reference; and
    2. keep full and accurate records of meetings of the Community Asset Committee; and
    3. the Financial Management requirements provided in the Terms of Reference; and
    4. keep full and accurate financial records; and
    5. the Governance requirements provided in the Terms of Reference; and
    6. the disclosure obligations established by the Moyne Shire Council Governance rules; and

  10. monitor and report on its activities and performance at least in accordance with the following:
    1. report annually to Council’s Chief Executive Officer on Community Asset Committee activities and performance the subject of this delegation; and
    2. provide Council with a copy of Community Asset Committee meeting minutes within 14 days of their adoption; and
    3. provide Council with a copy of the Community Asset Committee’s financial reports and bank statements at least quarterly; and
    4. maintain a register of maintenance tasks completed by the Community Asset Committee; and
    5. maintain a booking and usage register for the community asset; and

  11. otherwise act in accordance with the Terms of Reference.

    Exceptions, conditions and limitations

    The Community Asset Committee is not authorised by this Instrument to:

  12. set fees, rates or charges in respect of the community asset; or

  13. enter into contracts, or incur expenditure, for an amount which exceeds the approved budget; or

  14. employ staff; or

  15. undertake any alterations, additions or capital works to or at the community asset without first obtaining written approval from Council; or

  16. seek funding for alterations, additions or capital works to or at the community asset without first obtaining written approval from Council; or

  17. act in a manner incompatible with the Terms of Reference or beyond the authorities of this Instrument.
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