Special Committees of Council are established by Council under Section 86 of the Local Government Act 1989. The committees have been appointed to act ‘for and on behalf of Council’ to manage a number of community facilities within Mount Alexander Shire.
‘Acting for and on behalf of Council’ means the committee is a part of Council and is therefore governed by the same requirements and legislation, including Council’s obligations under the Local Government Act 1989. This includes how committees manage finances, conflicts of interest, obligations under the Occupational Health & Safety Act 2004 and other legislative requirements which are defined in the instrument of delegation.
When a Council delegates its authority under Section 86 of the Local Government Act, this means:
• Lawful actions of the committees are considered actions of the Council.
• Committee members must be appointed by Council.
• Committees can only lawfully do things that have been delegated to them by Council as outlined in an Instrument of Delegation document.
• Committee members are protected by insurance applicable to Council when undertaking their duties.
• Committees of Council cannot be incorporated bodies.
The role of the committee is to:
• Manage, improve, maintain and develop the facility for the overall benefit and safety of users and the community;
• Advise Council in relation to the general development and ongoing maintenance of the facility;
• Be responsible for the day-to-day management of the facility and grounds;
• Manage and report on the finances and other issues as directed by Council;
• Maintain records and administer its affairs in an open and honest manner; and
• Ensure the committee is financially self-sustaining, that is, it has enough income to pay all of its related expenses.
Any specific conditions of appointment for the committee will be detailed in the instrument of delegation.