AGENDA
Governance Committee Meeting
10 June 2025
Level 11, 50 Scott Street, Liverpool NSW 2170

You are hereby notified that a Governance Committee Meeting of Liverpool City Council will be held at Level 11, 50 Scott Street, Liverpool NSW 2170 on Tuesday, 10 June 2025 commencing at 10:00 AM.
Please note this meeting is closed to the public. The minutes will be submitted to the next Council meeting.
If you have any enquiries, please contact Council and Executive Services on 8711 7441.

![]()
Mr Jason Breton
CHIEF EXECUTIVE OFFICER
Order of Business
PAGE TAB
Opening
Apologies
Declarations of Interest
Infrastructure and Planning Committee
ITEM 01 Liverpool Traffic Committee Endorsed Road/Traffic Facilities Tracking Update 4 1
ITEM 02 14 Niland Way, Casula................................................................................... 13......... 2
Budget Committee
ITEM 03 Finance Report - April 2025............................................................................ 21......... 3
Strategic Priorities Committee
ITEM 04 Draft Disaster Relief Policy............................................................................. 25......... 4
Strategic Performance Committee
ITEM 05 Delegations of the Chief Executive Officer..................................................... 33......... 5
General Business
Close
Governance Committee Meeting
10 June 2025
Infrastructure and Planning Committee Report
|
ITEM 01 |
Liverpool Traffic Committee Endorsed Road/Traffic Facilities Tracking Update |
|
Strategic Objective |
Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework |
|
File Ref |
114532.2025 |
|
Report By |
Patrick Bastawrous - Coordinator Traffic and Transport |
|
Approved By |
Lina Kakish - Director Planning & Compliance |
Executive Summary
At the Council Meeting held 10 December 2024, it was resolved to;
Direct the CEO to create a register tracking recommendations from the Liverpool Local Traffic Committee with updates on the status and timeline of each project which is presented quarterly to a Governance Committee Meeting.
This report presents the current status of the register for the Committee’s consideration.
That Council:
1. Notes the status of items endorsed by the Liverpool Traffic Committee as shown in the Attachment.
2. Provides feedback on the way the information is to be presented at future meetings.
REPORT
As requested by Council at it’s meeting held 10 December 2024, Council Staff are to present the ‘Liverpool Traffic Committee Endorsed Road/Traffic Facilities’ tracking database quarterly.
The information in the Attachment identifies all items endorsed by the Liverpool Traffic Committee since 2022 and will continue to be populated with data from both prior and ongoing Committees going forward.
The spreadsheet provides an update on the funding and construction status where applicable, and other relevant information including location and date of relevant approvals.
The information is presented to enable Council to consider options for funding and/or delivery of items that are currently outstanding.
FINANCIAL IMPLICATIONS
There are no financial implications relating to this recommendation.
Further to note, Council receives an annual Capital Works Grant Fund that is allocated for general signage and line marking requests, which is approximately $200,000.00 per year. This fund is generally expended on matters involving parking restrictions and urgent safety items.
CONSIDERATIONS
|
Economic |
Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. |
|
Environment |
Support the delivery of a range of transport options. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Provide information about Council’s services, roles and decision making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
|
Legislative |
There are no legislative considerations relating to this report. |
|
Risk |
There is no risk associated with this report. |
ATTACHMENTS
1. Liverpool Traffic Committee Endorsed Road/Traffic Facilities - Tracking Database
|
ITEM 01 |
Liverpool Traffic Committee Endorsed Road/Traffic Facilities Tracking Update |
|
Attachment 1 |
Liverpool Traffic Committee Endorsed Road/Traffic Facilities - Tracking Database |

Governance Committee Meeting
10 June 2025
Infrastructure and Planning Committee Report
|
ITEM 02 |
14 Niland Way, Casula |
|
Strategic Objective |
Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework |
|
File Ref |
160152.2025 |
|
Report By |
David Galpin - General Counsel |
|
Approved By |
Farooq Portelli - Director Corporate Support |
Executive Summary
The report outlines the proceedings and outcome of the appeal to the Land and Environment Court against the deemed refusal of development consent for DA-239/2023.
That the Governance Committee:
1. Note the contents of the report.
REPORT
Council’s governing body considered the Legal Affairs Report at its meeting on 23 April 2025. Council requested a report outlining the proceedings and outcome of the appeal to the Land and Environment Court against the deemed refusal of development consent for DA-239/2023.
1. Commencement of proceedings
DA-239/2023 related to 14 Niland Way, Casula. The applicant sought development consent for the demolition of existing structures and the construction of a two-storey childcare centre over a level of basement parking at 14 Niland Way, Casula.
The appeal was filed based on a deemed refusal by Council, as Council did not determine the application within 42 days. The appeal was filed in time, that is within 6 months of the deemed refusal date.
2. Contentions
Council raised eight principal contentions in the appeal proceedings, which are summarised below.
1. No clause 4.6 request. The development exceeded the maximum floor space ratio standard and the Applicant did not submit an application under clause 4.6 of the Liverpool Local Environmental Plan to contravene development standards.
2. Site suitability. The site was not suitable for the development, as it could not be safely accessed.
3. Traffic impact. The development would have an adverse impact on traffic safety and efficiency along Niland Way.
4. Bulk, scale and character. The bulk and scale of the proposed development was not compatible with the character of the locality.
5. Overshadowing. The bulk and scale of the proposed development would have resulted in overshadowing of 12 Niland Way.
6. Childcare requirements. Council identified inconsistencies with State Environmental Planning Policy (Transport and Infrastructure) 2021 (T&I SEPP), the Education and Care Services National Regulation and the Child Care Planning Guidelines.
7. Development Control Plan requirements. Council identified inconsistencies with the objectives and provisions of the Liverpool Development Control Plan 2008 (LDCP).
8. Public Interest. Council argued that the development application was contrary to the public interest because of contentions 1 to 7.
3. Conciliation conference
On 7 May 2024, the parties participated in a conciliation conference pursuant to section 34 of the Land and Environment Court Act 1979. The parties could not reach agreement with respect to the development application and the conciliation conference was adjourned, then subsequently terminated on 5 July 2025.
4. Expert evidence
The parties nominated their respective expert witnesses under Rule 31.19, 31.20 and 31.24 of the Uniform Civil Procedure Rules 2005 (UCPR) in the following fields to deal with and prepare a Joint Expert Report in relation to each respective contention:
1. Town planning expert to deal with contentions 1, 5, 6 and 7,
2. Urban design expert to deal with contention 4, and
3. Traffic engineer to deal with contentions 2, 3 and 6.
In circumstances where the parties’ experts agree on issues that are in dispute, they have an overriding duty to assist the Court in achieving the just, quick and cheap resolution of the proceedings.
Rule 31.23 of the UCPR notes that an Expert Witness must comply with the code of conduct set out in Schedule 7. Schedule 7 notes that “An expert witness is not an advocate for a party and has a paramount duty, overriding any duty to the party to the proceedings or other person retaining the expert witness, to assist the court impartially on matters relevant to the area of expertise of the witness.”
5. Hearing
The proceedings were listed for a two-day hearing on 10 and 11 April 2025. The hearing began on site and continued in the Land and Environment Court.
Council received 46 objector submissions during the notification period for the development application, with 8 objectors expressing an interest in addressing the Commissioner. On 10 April 2025, the Court heard from 6 of the objectors.
A resident objector has no legal entitlement to participate in a development appeal. However, the Court has the power under section 38 of the Land & Environment Act 1979 to inform itself on any matter in such a manner as it thinks appropriate and can therefore hear residents’ concerns. It does so as a matter of practice.
The Court’s practice allows for a maximum of 6 resident objectors to address the Commissioner at the hearing. As Council is restricted to 6 objectors, priority was given to the objectors that had made a personal submission and advised Council that they would like to attend and address the Commissioner on their concerns.
Council’s experts, after discussion with the Applicant’s experts during their Joint Expert Reporting and at the hearing, resolved all issues in dispute. The resolution was achieved by:
· the Applicant submitting amended plans, and
· the imposition of conditions of consent that the Applicant accepted.
In relation to each of the contentions that Council had raised:
No clause 4.6 request
Applicant submitted amended documentation which illustrated that the Gross Floor Area (GFA) complied with maximum prescribed Floor Space Ratio (FSR) under the Liverpool Local Environmental Plan 2008 (LLEP).
Site suitability
The amended documentation provided during the hearing demonstrated the site was suitable in terms of compliance under the T&I SEPP, LLEP and the LDCP. There were no legislative requirements pursuant to which the development could be refused.
The amended DA and conditions provide for a footpath allowing for safe pedestrian access to the site and surrounding local area. The provision of the footpath satisfies the requirements of consideration C3 of the NSW Child Care Planning Guideline 2021.
Traffic impact
The amended DA strictly enforces the requirement for all vehicles to enter and exit the site through a left in, left out procedure ensuing that two way traffic flow on Niland Way is limited. The amended DA Conflict Analysis demonstrated a 2.16% chance of there being 2 vehicles travelling along Niland Way in opposite directions at the same time whilst vehicles are entering/existing the childcare center during the AM and PM peak period based on the existing traffic flows.
Bulk, scale and character
The amended architectural plans demonstrated that the proposed development would exhibit the typology of a two-storey dwelling, consistent with the existing character of the street. The amended documentation reduced the exceeding floor plate to comply with the required development standards under the LLEP, and therefore the perceived bulk, scale and character contention was resolved.
Additional landscaping is to be provided within the front setback to reduce the perceive bulky dominance the proposed development may have on the public domain.
Overshadowing
This issue was resolved along with the changes to bulk, scale and character.
Childcare requirements
The proposed development is a centre-based childcare facility under section 3.3 of State Environmental Planning Policy (Transport and Infrastructure) 2021. The amended development complies with the following standards set by sections 3.25 and 3.26 of the T&I SEPP:
· maximum floor space ration of 0.5:1 for centre based childcare facility development in the R2 Zone,
· location relative to another early education and care facility,
· indoor and outdoor unencumbered space and indoor and outdoor unencumbered space under the Children (Education and Care Services) Supplementary Provisions Regulation 2012,
· site area and site dimensions, and
· colour of building materials or shade structures.
The amended development complied with the requirements of regulations 107 and 108 of the Education and Care Services National Regulation as set out in the following table.
|
Element |
Standard |
Proposal |
Compliance |
|
Unencumbered indoor space |
3.25m2 per child Total 149.5m2 required for 46 children |
156.0m2
|
Achieved
|
|
Unencumbered outdoor space |
7m2 per child Total 322.0m2 required for 46 children |
331.0m2 |
Achieved |
DCP requirements
In relation to parking, the proposed development provides the number of car parking spaces required by the Liverpool Development Control Plan 2008 (LDCP) and s 4.15(3A)(a) precludes the Court, in exercising the functions of the consent authority, from requiring more onerous standards than those stipulated by the LDCP.
4. Jurisdictional prerequisites
The following jurisdictional prerequisites and non jurisdictional issues were also met or taken into consideration:
1. State Environmental Planning Policy (Transport and Infrastructure) 2021 requirements for centre-based childcare facilities are met, as set out above.
2. Requirements for indoor and outdoor unencumbered space in regulations 107 and 108 of the Education and Care Services National Regulation are met, as set out above.
3. State Environmental Planning Policy (Resilience and Hazard) 2021
(a) Section 4.6(1) provides that a consent authority must not consent to the carrying out of development unless:
i. It has considered whether the land is contaminated, and
ii. If the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development proposed to be carried out, and
iii. If the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.
(b) A detailed site investigation was provided with the development application, with the report concluding that “following the implementation of the recommendation and with due regard for the statement of limitations the site is suitable for its intended land use as a childcare facility”. The report provides recommendation concerning the method of disposal of material and the quality of material imported to the site and conditions have been imposed.
4. State Environmental Planning Policy (Biodiversity and Conservation) 2021
(a) Chapter 6 applies as the site is within the Georges River Catchment area.
(b) The development application is acceptable having regard to the following:
i. Subject to the installation and maintenance of sediment controls during building works, the development will have a neutral effect on the quality of water entering a waterway.
ii. The development will not have an adverse impact on water flow in a natural waterbody.
iii. There will be no discernible increase to stormwater runoff that would adversely affect downstream land.
iv. The development does not incorporate on-site stormwater retention, infiltration or reuse.
v. The development will have no impact on the level and quality of the water table.
vi. The development makes adequate provision to protects the quality and quantity of groundwater. It is noted that condition 29 requires the stormwater pretreatment to be incorporated in the management system in compliance with Council’s Development Control Plan.
5. Liverpool Local Environmental Plan:
(a) The subject site is zoned R2 Low Density Residential and Centre-based childcare facilities are permitted with consent in the zone.
(b) The R2 zone objectives are matters for consideration, not jurisdictional preconditions to the exercise of power: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 [217]. They do not fall for consideration by the Court under section 34 of the Land and Environment Court Act 1979. Notwithstanding the parties agree that the development is consistent with all relevant objectives.
(c) Clause 4.4 provides for a maximum building height of 8.5 metres for the subject site. The development application proposed a building height below the maximum height limit.
(d) Clause 4.4 provides a maximum floor space ratio of 0.5:1 for the subject property. The proposed development complies with this development standard.
5. Concerns of residents
The concerns expressed by residents were addressed as follows:
(a) Access to the site will be left in, left out only which is subject to approval from Council’s Traffic Committee.
(b) The existing median strip is to be relocated to prevent a right-hand turn into and out of the site.
(c) No street parking is permitted with any failure to comply subject to the three-strike policy and the child will be disenrolled from the centre.
(d) Conditions requiring the Applicant to provide a pathway along Niland Way from the site to the southern intersection of Niland Way and Mackellar Street, this will facilitate safe pedestrian access to the site without the need to use the road.
(e) The development provides a surplus of car parking spaces within the property boundary to alleviate the need for visitors to park on Niland Way.
(f) The development satisfied the setback control under the LDCP and the parties experts agree that the amended plans (particularly the provision of greater landscaping) address Council concerns in relation to character.
(g) The noise generated from the centre will comply with the accepted best practice acoustic criteria with the installation of an acoustic barrier along the boundaries of the site.
(h) There will be a limit on outdoor play with two (2) hours in the morning and two (2) hours in the afternoon.
(i) Greater planting is provided to provide further visual screening.
(j) The shadow diagrams and modelling identify the southern neighbour living area, dining, kitchen windows will receive more than three (3) hours of direct sunlight at the winter solstice which exceeds the DCP controls.
6. Finalisation of proceedings
Given the parties’ experts agreed and that all jurisdictional prerequisites had been met, the Court had the power to uphold the appeal and grant development consent subject to the conditions of development consent contained within Annexure A of the Judgement. All conditions imposed were for a planning purpose, reasonably related to the proposed development and were conditions that a reasonable consent authority would issue in the circumstances. Accordingly, following advice from its external Counsel, Council agreed that the proceedings could be finalised by way of a section 34 agreement subject to the Conditions of Consent.
FINANCIAL IMPLICATIONS
There are no financial implications relating to this recommendation.
CONSIDERATIONS
|
Economic |
Facilitate economic development. |
|
Environment |
Environmental matters were considered as required under the Environmental Planning and Assessment Act 1979. |
Social |
Support access and services for people with a disability. Deliver high quality services for children and their families. Social matters were considered as required under the Environmental Planning and Assessment Act 1979. |
Civic Leadership |
Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
|
Legislative |
Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 |
|
Risk |
The risk is deemed to be Low. |
Nil
Governance Committee Meeting
10 June 2025
Budget Committee Report
|
ITEM 03 |
Finance Report - April 2025 |
|
Strategic Objective |
Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources |
|
File Ref |
176182.2025 |
|
Report By |
Vishwa Nadan - Chief Financial Officer |
|
Approved By |
Farooq Portelli - Director Corporate Support |
The report provides an update on Council’s budget performance to April 2025.
The Governance Committee members are invited to note:
· That the 2024/25 year end net cost of services (NCOS) position is now projected at a deficit $9.6 million.
· The current identified risks that can affect both the NCOS and cash reserves, in particular the following:
o Sale of land to Moorebank Sports Club
o Built exercising its call option to commence its development works adjacent to Liverpool Civic Place, and
o NSW Grants Commission paying FAG in advance on or before 30 June 2025.
· Rates in arrears and debtors outstanding.
That the Governance Committee receives and notes the report.
REPORT
Budget Performance
In June 2024 the Council adopted its 2024-25 operating budget with estimated revenue of $417.4 million and expenditure of $281.2 million. In terms of the net operating result before grants and contributions provided for capital purposes, Council budgeted for a conditional operating surplus of $2.6 million.
The March Q3 Budget Review resulted in revision of the 30 June 2025 Net Cost of Service (NCOS) position to an operating deficit of $9.6m. To recap, this result includes:
· Council’s decision not to sell the 3 Hoxton Park Road Property which was going to generate $14m in cash and $8.4m in profit from sale; and
· Budget adjustments identified as part of Q3 budget review which included $2m provision for redundancy payments and $1.5m increase in provision for employee entitlements resulting from reinstatement of lost flex time.
Risks
There are a number of risks being managed which have the potential to change the projected budget result for the 2024/25 financial year. A summary of those risks is provided below.
|
Risk |
Budget Impact |
Cash Impact |
Risk mitigation |
Risks Level |
|
1. Built Development do not exercise its call option and commence works adjacent to Liverpool Civic Place by 30 June 2025. |
$0 |
-$7.3m |
Council is working closely with Built Development to ensure the timely completion of actions precedent to enable exercise of the call option and rights payment by 30 June ‘25. |
Moderate |
|
2. Sale of land to Moorebank Sports Club. |
-$2.6m |
-$8.0m |
Council is progressing with Moorebank Sports Club to finalise conditions precedent being completed to close the sale by 30 June 2025. |
Low |
|
3. Net Loss from Disposal of Assets – As part of the road renewal process, a portion of the road surface is scrapped off and then replaced. The replacement cost is capitalised, however, there is a written down value attached to the portion removed. The cost of write-off depends on the condition of the road at time of renewal and depth of surface removed. Budget includes a provision of $2.5 million, however, the actual cost to June 2025 is not known. |
-$500k - $1m |
- |
Council is continually reviewing and assessing the extent of road replacement and subsequent effect on write-offs. |
Moderate |
|
4. FAG Operating Grant – The NSW Grants Commission paid 85% of estimated financial assistance grant for FY 2024/25 in advance. Grants Commission could change its policy position to advance payment for FY 2025/26. |
-+ $1.5m |
-+ $1.5m |
Minimal action is possible other than keeping in regular contact with OLG to ascertain outcome as soon as possible. The financial impact is only based on 15% variation either upwards or downwards on advance payment. If no advance payment is received by 30 June 2025, the impact will be in order of $8.5m and will affect all Councils in NSW.
|
Moderate |
|
5. Capital gain on FRN’s and TCorp investment is subject to market conditions. The projected marked to market gain at 30 June 2025 could be lower than projected. |
-$500k |
- |
Regular review of market conditions and contact with Council’s Investment Advisors to determine likelihood of change and effect on marked to market valuations. |
Low |
Based on budget adjustments the NCOS on 30 June 2025 is projected at a deficit of $9.6m.
Cash Reserves
At 30 April 2025, Council had $399.8 million in cash and investments classified as follows:
|
|
30 June 2025 |
30 April 2025
|
30 June 2024 |
|
Externally Restricted Reserves
|
$339.1m |
$386.9m |
$353.3m |
|
Internally Restricted Reserves
|
$32.2m |
$6.4m |
$6.9m |
|
Investments in Civic Risk Mutual
|
$6.5m |
$6.5m |
$6.5m |
|
Unrestricted cash |
$4.9m |
- |
- |
|
Total |
$382.7m |
$399.8m |
$366.6m |
Should Council not be able to mitigate the risks identified above, there will be an impact on the budget result (NCOS) and cash balance (reserves) at year end. The latter would significantly put at risk Council’s ability to meet the financial covenants with commercial banks and TCorp at 30 June 2025.
Outstanding Rates & Major Debtors
· Total rates outstanding was $12.28m ($5.8m from previous years and $6.5m for current year). Based on this Council is not expected to meet OLG benchmark of <5% at 30 June 2025.
· Canterbury/ Bankstown Council (Voyager Bridge Matter) - $2.8m
ATTACHMENTS
Governance Committee Meeting
10 June 2025
Strategic Priorities Committee Report
|
ITEM 04 |
Draft Disaster Relief Policy |
|
Strategic Objective |
Visionary, Leading, Responsible Ensure Council is accountable and financially sustainable through the strategic management of assets and resources |
|
File Ref |
180453.2025 |
|
Report By |
Craig Lambeth - Manager Community Recreation |
|
Approved By |
Tina Bono - Director Community & Lifestyle |
Executive Summary
Historically, Council has made donations to humanitarian causes across the globe, often in response to natural and/or humanitarian crises. These donations are generally made on an ad-hoc basis through a Mayoral Minute or Notice of Motion, without a supporting policy framework.
To better manage these donations and ensure transparency in the process of identifying and supporting humanitarian efforts, a draft Disaster Relief Policy (the Policy) has been developed.
The Policy provides a framework under which financial donations can be made to help address the needs of those affected by major disasters/humanitarian crises within Australia or overseas.
This report recommends Council endorse the draft Disaster Relief Policy.
That Council:
1. Endorse the draft Disaster Relief Policy;
2. Direct the CEO to place the draft Disaster Relief Policy on public exhibition for a period of 28 days; and
3. Receive a further report on the outcome of the public exhibition process.
REPORT
Background
Historically, Council has made donations to humanitarian causes across the globe, often in response to natural and/or humanitarian crises. These donations are generally made on an ad-hoc basis through a Mayoral Minute or Notice of Motion, without a supporting policy framework.
At its meeting on 23 April 2025, Council resolved to:
1. Inform the community of all similar overseas donations made previously and the circumstances they were made; and
2. Direct the CEO for a workshop to consider a Donations Policy.
Council received a report which outlined similar donations made previously at its May 2025 meeting.
A similar policy was drafted in 2019 and brought to the Council of the time for consideration. However, the policy was not endorsed at that time and donations continued to be made on an ad hoc basis.
Draft Disaster Relief Policy
To better manage these donations and ensure transparency in the process of identifying and supporting humanitarian efforts, a draft Disaster Relief Policy (the Policy) has been developed.
The Policy provides a framework under which financial donations can be made to help address the needs of those affected by major disasters/humanitarian crises within Australia or overseas.
The Policy outlines the key considerations for Council when donating to humanitarian causes, including:
· The circumstances in which donations will be provided;
· Eligibility and exclusions;
· Timeframe for donations;
· Donation amounts and a funding source (General Reserve);
· Assessment criteria;
· Ethical framework; and
· Conflicts of interest.
Conclusion
Liverpool is an incredibly diverse LGA. Making donations to global humanitarian efforts acknowledges the local impact of global humanitarian crises to residents and their families abroad.
By establishing a Disaster Relief Policy, Council can ensure greater transparency and accountability when making charitable donations to global humanitarian causes. The Policy provides a clear set of guidelines for the nature and circumstances under which a donation can be made and highlights Councils efforts to efficiently and effectively provide financial support to disasters and crises around the world.
FINANCIAL IMPLICATIONS
Costs associated with this recommendation are outside of Council’s current budget and long-term financial plan. The impact on the budget and long-term financial plan is unclear as this would be variable based on the number of donations made in any one financial year.
CONSIDERATIONS
|
Economic |
Funds for donations made under the Disaster Relief Policy will be drawn from Council’s General Reserve at the time of the donation |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Promote community harmony and address discrimination. |
Civic Leadership |
Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
|
Legislative |
Local Government Act – Section 356 |
|
Risk |
The risk is deemed to be Low. There is a risk that developing this Policy will have a detrimental impact on Council’s reputation amongst community members, considering the ongoing negative community sentiment related to recent donations. |
ATTACHMENTS
Governance Committee Meeting
10 June 2025
Strategic Performance Committee Report
|
ITEM 05 |
Delegations of the Chief Executive Officer |
|
Strategic Objective |
Visionary, Leading, Responsible Demonstrate a high standard of transparency and accountability through a comprehensive governance framework |
|
File Ref |
153441.2025 |
|
Report By |
David Day - Head of Governance |
|
Approved By |
Farooq Portelli - Director Corporate Support |
Executive Summary
A review has been conducted of the delegations granted by Council’s governing body to the Chief Executive Officer. The delegations are fit for purpose and it is recommended that Council agree the attached delegations, which are the same as those previously granted to the Chief Executive Officer in June 2023.
That the Governance Committee endorses the following for agreement by Council’s governing body:
1. Delegate to the Chief Executive Officer Council’s functions as set out in the Instrument of Delegation to the Chief Executive Officer in Attachment 1 of this report; and
2. Authorise the Mayor to sign the Instrument of Delegation to the Chief Executive Officer.
REPORT
Chapter 12, Part 3 of the Local Government Act 1993 (LGA) deals with the delegation of functions. It includes the following provisions:
• Council may delegate any of its functions to the general manager, or any other person or body (not including another employee of the council), other than those listed in section 377(1) of the Act. The functions that cannot be delegated are specifically referenced in, and excluded from, the attached delegation to the CEO.
• Council may delegate to the general manager, or any other person or body (not including another employee of the council), any function delegated to Council by the Departmental Chief Executive, except where that is not permitted by the instrument of delegation to the Council (LGA, section 377(2)).
• The general manager may delegate any of the functions of the general manager, other than the power of delegation, including functions that have been delegated to the general manager by Council (LGA, section 378).
• Council must review all its delegations during the first 12 months of each term of office (LGA, section 380).
Council’s Chief Executive Officer (the CEO) exercises the functions, role and delegations of
“general manager” under the Act.
This review is concerned with delegations granted by Council to the Chief Executive Officer and not with delegations that may have been granted to other persons or bodies. It is noted, however, that Council generally establishes committees as advisory bodies and does not delegate functions to those bodies.
Delegations by Council to the CEO and sub-delegations to other staff identify the positions that are empowered to make decisions and take action on behalf of Council, establishing responsibilities and accountabilities. The delegations facilitate the effective and efficient operation of Liverpool City Council by providing the Chief Executive Officer with sufficient power and authority to manage, control and administer the affairs of Council on a day-to-day basis. This is consistent with the roles given to the general manager by section 335 of the LGA to conduct the day-to-day management of the council and implement its decisions.
The delegations from Council to the CEO are granted to the fullest extent permissible under the LGA, subject to specified exclusions:
• functions that cannot, by legislation, be delegated, including those listed in section 377(1) of the LGA,
• functions granted by Council to other persons or bodies,
• functions that Council has chosen not to delegate, such as the acceptance of tenders for a value of $2 million or more.
A review of CEO delegations has confirmed that they operate effectively and are fit for purpose. The general grant, subject to nominated exclusions, avoids the inconvenience of having a host of specific delegations only to find that a necessary function has not been delegated, with resulting delay to delivery of Council’s objectives. No changes are proposed to the current CEO delegation.
There is an ongoing review of delegations granted by the Chief Executive Officer to other council staff. The review aims to ensure that all positions within Council have the right delegations to undertake their functions, improve efficiencies and accountability where possible. The review of officer delegations will continue after the Chief Executive Officer’s delegation is endorsed.
FINANCIAL IMPLICATIONS
There are no financial implications relating to this recommendation.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct. |
|
Legislative |
Local Government Act 1993, Chapter 12, Part 3 Relevant provisions are outlined in the body of the report. |
|
Risk |
There is no risk associated with this report. |
ATTACHMENTS