ACT XX

 20.   Functions and powers of councils

(1)  The council of a municipal area has the following functions:

(a) to formulate, implement and monitor policies, plans and programmes for the provision of appropriate services and facilities to meet the present and future needs of the community;

(b) to facilitate and encourage the proper planning and development of the municipal area in the best interests of the community;

(c) to manage, improve and develop efficiently and effectively the resources available to the municipal area;

(d) to develop, implement and monitor strategic plans for the development and management of the municipal area;

(e) to provide for the health, safety and welfare of the community;

(f) to represent and promote the interests of the community;

(g) to provide for the peace, order and good government of the municipal area.

(2)  In performing its functions, the council may do any one or more of the following either within or outside its municipal area:

(a) develop, implement and monitor programmes to ensure adequate levels of its accountability to the community;

(b) develop, implement and monitor effective management systems;

(c) develop, implement and monitor procedures for effective consultation between the council and the community;

(d) inform the community of its activities and provide reasonable opportunities for involvement in those activities;

(e) any other thing necessary or convenient.

(3)  In performing its functions or exercising its powers, a council may enter any land –

(a) if it has given the owner or occupier of the land notice of its intention to enter; or

(b) without such notice in cases of emergency.

26.   Mayors and deputy mayors

(1)  The chairperson of a council is to be known as –

(a) in the case of the Hobart City Council, the Lord Mayor; and

(b) in the case of any other council, the mayor.

(2)  The deputy chairperson of the council is to be known as –

(a) in the case of the Hobart City Council, the Deputy Lord Mayor; and

(b) in the case of any other council, the deputy mayor.

27.   Functions of mayors and deputy mayors

(1)  The functions of the mayors are –

(a) to act as chairperson of the council; and

(b) to act as the principal spokesperson of the council; and

(c) to oversee  [ the councillors in the performance of their functions and in the exercise of their powers.

(2)  The deputy mayor is to act in the position of mayor if –

(a) the mayor is absent; and

(b) the mayor or the council, by notice in writing, appoints the deputy mayor to act in the position.

(3)  An appointment under subsection (2) remains in force –

(a) for the period specified in the notice; or

(b) until sooner revoked.

61.   Appointment of general manager

A council is to appoint a person as general manager for a term not exceeding 5 years on such terms and conditions as it considers appropriate.

62.   Functions of general manager [AKA CEO]

(1)  The general manager of a council has the following functions:

(a) to provide advice to the council with respect to its functions and powers;

(b) to co-ordinate the development of objectives, policies and programmes for the consideration of council;

(c) to assist the council in the preparation of the strategic and operational plans for the council;

(d) to implement the policies and decisions of the council;

(e) to manage the resources of the council;

(f) to establish and maintain human resource policies and procedures;

(g) to prepare any reports required by the council;

(h) to keep and maintain records required to be kept under this or any other Act;

(i) to carry out any other function the council decides.

(2)  The general manager may do anything necessary or convenient to perform any functions under this or any other Act.

(3)  A council may exercise any power or perform any function referred to in this section if, by an absolute majority, it passes a resolution to that effect.

(4)  If a council is exercising a power or performing a function under subsection (3) –

(a) it must not delegate that power or function; and

(b) the general manager must not exercise that power or perform that function.

………………...

64.   Delegation by general manager

The general manager, in writing, may delegate to an employee of the council –

(a) any functions or powers other than this power of delegation; and

(b) any functions or powers delegated by the council which the council authorized the general manager to delegate.

65.   Qualified persons

(1)  A general manager must ensure that any advice, information or recommendation given to the council or a council committee is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.

(2)  A council or council committee is not to decide on any matter which requires the advice of a qualified person without considering such advice unless the general manager certifies in writing that such advice was obtained and taken into account in providing general advice to the council or council committee.

(3)  The Minister, by order, may determine the qualifications and experience required by a person to be a qualified person.

(4)  If the Minister does not make an order under subsection (3) , the general manager may determine the qualifications and experience required by a person to be a qualified person.

GO TO … https://www.legislation.tas.gov.au/view/whole/html/asmade/act-1993-095

20.   Functions and powers of councils

(1)  The council of a municipal area has the following functions:

(a) to formulate, implement and monitor policies, plans and programmes for the provision of appropriate services and facilities to meet the present and future needs of the community;

(b) to facilitate and encourage the proper planning and development of the municipal area in the best interests of the community;

(c) to manage, improve and develop efficiently and effectively the resources available to the municipal area;

(d) to develop, implement and monitor strategic plans for the development and management of the municipal area;

(e) to provide for the health, safety and welfare of the community;

(f) to represent and promote the interests of the community;

(g) to provide for the peace, order and good government of the municipal area.

(2)  In performing its functions, the council may do any one or more of the following either within or outside its municipal area:

(a) develop, implement and monitor programmes to ensure adequate levels of its accountability to the community;

(b) develop, implement and monitor effective management systems;

(c) develop, implement and monitor procedures for effective consultation between the council and the community;

(d) inform the community of its activities and provide reasonable opportunities for involvement in those activities;

(e) any other thing necessary or convenient.

(3)  In performing its functions or exercising its powers, a council may enter any land –

(a) if it has given the owner or occupier of the land notice of its intention to enter; or

(b) without such notice in cases of emergency.

26.   Mayors and deputy mayors

(1)  The chairperson of a council is to be known as –

(a) in the case of the Hobart City Council, the Lord Mayor; and

(b) in the case of any other council, the mayor.

(2)  The deputy chairperson of the council is to be known as –

(a) in the case of the Hobart City Council, the Deputy Lord Mayor; and

(b) in the case of any other council, the deputy mayor.

27.   Functions of mayors and deputy mayors

(1)  The functions of the mayors are –

(a) to act as chairperson of the council; and

(b) to act as the principal spokesperson of the council; and

(c) to oversee  [ the councillors in the performance of their functions and in the exercise of their powers.

(2)  The deputy mayor is to act in the position of mayor if –

(a) the mayor is absent; and

(b) the mayor or the council, by notice in writing, appoints the deputy mayor to act in the position.

(3)  An appointment under subsection (2) remains in force –

(a) for the period specified in the notice; or

(b) until sooner revoked.

61.   Appointment of general manager

A council is to appoint a person as general manager for a term not exceeding 5 years on such terms and conditions as it considers appropriate.

62.   Functions of general manager [AKA CEO]

(1)  The general manager of a council has the following functions:

(a) to provide advice to the council with respect to its functions and powers;

(b) to co-ordinate the development of objectives, policies and programmes for the consideration of council;

(c) to assist the council in the preparation of the strategic and operational plans for the council;

(d) to implement the policies and decisions of the council;

(e) to manage the resources of the council;

(f) to establish and maintain human resource policies and procedures;

(g) to prepare any reports required by the council;

(h) to keep and maintain records required to be kept under this or any other Act;

(i) to carry out any other function the council decides.

(2)  The general manager may do anything necessary or convenient to perform any functions under this or any other Act.

(3)  A council may exercise any power or perform any function referred to in this section if, by an absolute majority, it passes a resolution to that effect.

(4)  If a council is exercising a power or performing a function under subsection (3) –

(a) it must not delegate that power or function; and

(b) the general manager must not exercise that power or perform that function.

………………...

64.   Delegation by general manager

The general manager, in writing, may delegate to an employee of the council –

(a) any functions or powers other than this power of delegation; and

(b) any functions or powers delegated by the council which the council authorized the general manager to delegate.

65.   Qualified persons

(1)  A general manager must ensure that any advice, information or recommendation given to the council or a council committee is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.

(2)  A council or council committee is not to decide on any matter which requires the advice of a qualified person without considering such advice unless the general manager certifies in writing that such advice was obtained and taken into account in providing general advice to the council or council committee.

(3)  The Minister, by order, may determine the qualifications and experience required by a person to be a qualified person.

(4)  If the Minister does not make an order under subsection (3) , the general manager may determine the qualifications and experience required by a person to be a qualified person.