2024 Wattle Range Council supplementary election
Count summary
Scrutiny and count was conducted on Wednesday 13 March 2024.
Enrolled voters | 4331 |
---|---|
Envelopes returned | 1552 |
Envelopes accepted | 1510 |
Envelopes rejected | 42 |
Voter participation | 1552 (35.83%) of the total enrolment |
Formal votes | 1490 |
Informal votes | 20 |
Quota | 746 |
First preference votes
Below are the first preference votes received by the candidates in the order they appeared on the ballot paper.
Candidate | First preference votes | Percent | Elected or Excluded |
McCLURE, Joel | 174 | 12% | |
HENLEY, Penelope | 293 | 20% | |
SHELTON, John | 911 | 61% | ELECTED |
TALIANA, Shaun | 112 | 8% | |
Total | 1,490 |
Distribution of preferences
After the first preference count, John Shelton obtained quota and was declared elected at 11.52am on Wednesday 13 March 2024.
To view the distribution of votes refer to the scrutiny sheet for Wattle Range Council - Corcoran Ward - 13 March 2024 (PDF 229KB)
Daily returns
Candidates
At the close of nominations at 12 noon on Thursday 25 January 2024, a total of 4 nominations were received and accepted for the supplementary election. In accordance with the Local Government (Elections) Act 1999, a draw was held to determine the order of candidates names to appear on the ballot paper. The result of the draw and profiles for each of the candidates are displayed below. This information is provided by the candidate and neither the returning officer nor the Wattle Range Council takes responsibility or bears liability for the information contained within.
List of candidates
In accordance with the Local Government (Elections) Act 1999, the draw to determine the order of candidate names to appear on the ballot paper was held on Thursday 25 January 2024. The result of the draw are detailed below.
Wattle Range Council – Corcoran Ward
McCLURE, Joel
I'm nominating for this position in council because I am passionate about policy and good governance. Although I'm young and have limited experience, I'm keen to learn and over time become an asset to the Wattle Range Electorate. I've attended several council meetings with my grandfather and have enjoyed seeing the process in action. I hope to see a council that is fiscally responsible, forward thinking, and prioritises decisions that will ensure the region flourishes for decades to come.
I live in the Corcoran Ward | Contact Details: 0483 882 429 | I am a member of the Liberal Party of Australia (SA Division)
Campaign Donations 1 | Campaign Donations 2
HENLEY, Penelope
Since moving from New Zealand to Australia in the late 70s, I have owned and managed profitable cattle and cropping properties in Northwestern NSW. I have adaptable technical skills, including but not limited to running a farm business, accounting and budget management, animal husbandry, farm machinery and marketing. I am confident and interact with business and government agencies with ease, and I enjoy people from all backgrounds. I hold conservative views, but I also have an open mind. I am very interested in politics, but I am not a member of any political party. I moved to Millicent just over two years ago by researched choice, where I found there was great soil, water, the friendliest people and one set of traffic lights, perfect! I think the council area is ideally located for future well considered development. I have three adult children, and 8 Grandchildren all living in Australia, but spread across the country.
I live in the Corcoran Ward | Contact Details:
Campaign Donation 1 | Campaign Donations 2
SHELTON, John
Many residents would know me as the principal of Millicent High School from 2005 to 2021 before retiring in Millicent. I moved to Millicent from Streaky Bay in 1991 winning a coordinators role at Kangaroo Inn Area School, then as assistant principal at Millicent High in 1999. My lifelong interest in youth and education is coupled with a strong commitment to community. As a member of Apex from 1981 then as a member of Millicent Lions, where I have been president and secretary, I am committed to serving the community. I served on the board of both the Millicent Work Options Centre and the Millicent Community Club. While my girls were growing up in Millicent I was involved with the Millicent Gymnastics and Pony clubs. I have strong interest in what community support is provided by Council, including the future of our swimming lake and local playgrounds. My interests include fishing, camping and four-wheel driving and I am keen to see Council foster tourism and local business.
I live in the Corcoran Ward | Contact Details: 0428 332 400 | I am not a member of a Political Party
Campaign Donation 1 | Campaign Donations 2
TALIANA, Shaun
A fresh choice! In our rural community, I commit to limited government, aiming to empower our communities for sustainable prosperity and a fairer share of spending to where the rates are actually levied. This will mean strategic use of regulations to facilitate economic growth and encourage population growth; whilst respecting our distinctive rural character. I will ensure each of us enjoys the freedom to use our land. I will encourage community-led and owned projects. Furthermore, I will lobby the private sector for better digital connectivity including for emerging technologies, to bridge the divide between urban population centres and local medical needs. My overarching vision is centred on the preservation of our natural resources, aiming to cultivate a thriving, resilient and growing rural community, whilst focusing on a plan for population growth to share the burden of council rates amongst more property owners and lessen the individual burden over time.Thank you!
I live in the Corcoran Ward | Contact Details: 0430 023 855 | I am a member of the Liberal Democratic Party
Voting
Voting in council elections is conducted by post. All election materials, including your ballot paper, are mailed directly to the postal address you provide on the electoral roll.
Ballot packs
Automatic ballot pack mail out: Wednesday 14 February to Tuesday 20 February 2024.
Ballot packs contain:
- a ballot paper for the election
- candidate profiles
- a ballot paper envelope (you must sign this envelope, as the elector, to ensure ballot security)
- a reply-paid envelope
- a postal voting guide
Completing your ballot papers
To make a formal vote, you must number at least as many boxes as there are vacancies, in the order of your choice.
For this election, you must place the number 1 in the candidate square on the ballot paper for the person you want as your first choice. If you wish, you may continue to number some or all of the other boxes (starting with the number 2).
Directions on how to vote are shown on the ballot paper. Make sure you view the candidate profiles to make an informed decision.
Returning your ballot papers
Follow these steps after completing your ballot paper:
- Place your folded ballot paper in the ballot paper envelope provided.
- Seal the ballot paper envelope.
- Ensure the relevant declaration is completed with your details and signed.
- Place your sealed ballot paper envelope in the reply-paid envelope and seal it.
- Mail the reply-paid envelope so that it reaches the returning officer before 12 noon on Tuesday 12 March 2024.
Requesting a replacement pack
If you haven't automatically received your ballot material by Friday 23 February 2024, and you believe you are entitled to vote, please contact ECSA on 1300 655 232.
The deadline you can apply for replacement voting material is 5 pm on Tuesday 5 March 2024.
You can request a replacement ballot pack if you have been left off the roll in error, or the original material was:
- not received
- destroyed or lost
- spoiled
Telephone-assisted voting
Telephone-assisted voting is a special service available for voters in the following categories:
- If you are blind or have low vision
- If you are interstate or overseas during the voting period.
Dedicated call centre
Telephone-assisted voting will be available during the hours listed below.
Dates | Times |
Monday 4 March to Friday 8 March 2024 | 9:00 am to 5:00 pm |
Tuesday 12 March 2024 (close of voting) | 9:00 am to 12:00 pm |
Preparing to vote by telephone
Consider your vote
- Review the candidates and their profiles and decide your choices before making your call
- List the candidates in order of your choice so you can relay this to the voting assistant who will mark the ballot paper accordingly.
Telephone-assisted voting method
- Contact the call centre on one of the numbers below to speak to an ECSA representative
- 1300 655 232 within South Australia only
- 08 7424 7400 from interstate
- +61 8 7424 7400 from overseas
You will be asked to verify your identity and your entitlement to vote. Your call will then be transferred to a voting assistant, who will take your vote.
Daily returns table
Total electors: 4,331
Date | Ballots returned | Percentage |
20/02/2024 | 22 | 0.51 |
21/02/2024 | 0 | 0.51 |
22/02/2024 | 491 | 11.34 |
23/02/2024 | 101 | 2.33 |
24/02/2024 | n/a - weekend | n/a - weekend |
25/02/2024 | n/a - weekend | n/a - weekend |
26/02/2024 | 101 | 2.33 |
27/02/2024 | 123 | 2.84 |
28/02/2024 | 145 | 3.35 |
29/02/2024 | 72 | 1.66 |
01/03/2024 | 78 | 1.80 |
02/03/2024 | n/a - weekend | n/a - weekend |
03/03/2024 | n/a - weekend | n/a - weekend |
04/03/2024 | 59 | 1.36 |
05/03/2024 | 59 | 1.36 |
06/03/2024 | 103 | 2.38 |
07/03/2024 | 87 | 2.01 |
08/03/2024 | 51 | 1.18 |
09/03/2024 | n/a - weekend | n/a - weekend |
10/03/2024 | n/a - weekend | n/a - weekend |
11/03/2024 | n/a - public holiday | n/a - public holiday |
12/03/2024 - Voting closed at 12 noon | 60 | 1.39 |
Grand total | 1,552 | 35.83 |
Candidate information
Online candidate briefing session
A briefing session for intending candidates was held online at 6 pm on Thursday 11 January 2024. Watch the recording.
In-person candidate briefing session
An in-person briefing session was held by Wattle Range Council CEO Ben Gower at 2 pm on Thursday 11 January 2024 in the Council Chamber, Civic Centre, George Street, Millicent.
Acts and Regulations
The rules that govern council elections are set out in:
The Acts and Regulations should be read in conjunction with the Local Government Act 1999.
Candidate eligibility and ineligibility
You are eligible to be a candidate for election as a member of a council if you are:
- an Australian citizen
- at the time the electoral roll closes:
- enrolled in the council area you are contesting, or
- the nominee of a body corporate or a group that has its name on the voters roll for the council area
- left off the voters roll for the council area in error.
You are not eligible to be a candidate for election as a member of a council if you are:
- a member of an Australian Parliament; or
- an undischarged bankrupt or receiving the benefit of a law for the relief of insolvent debtors; or
- have been sentenced to imprisonment and are, or could on the happening of some contingency become, liable to serve the sentence or the remainder of the sentence; or
- are an employee of the council; or
- are disqualified from election by court order under the Local Government Act 1999.
You are not eligible to be a candidate for election as a member of a council if you:
- in the case of a supplementary election - are a member of another council; or
- in the case of any election - are a candidate for election as a member of another council
Candidate disclosure returns
CANDIDATE PORTAL ACCESS (link coming soon)
A person who is a candidate for election to an office of a council must lodge the following returns with the Electoral Commissioner:
CAMPAIGN DONATIONS RETURN
Candidates must lodge a campaign donations return with the Electoral Commissioner.
Candidates must lodge 2 returns:
For a supplementary election:
- the first campaign donation return must be lodged with the returning officer in the period between 8 to 14 days after the close of nominations
- the second campaign donation return must be lodged within 30 days after the conclusion of the election.
The return must disclose:
- the total amount or value of all gifts received during the disclosure period
- the number of people who made those gifts
- the amount or value of each gift
- the date on which each gift was made
- details of persons and organisations (donors) providing those gifts.
The campaign donations return need not set out any details in respect of:
- a private gift made to the candidate
- a gift with an amount or value less than $500
- a gift already disclosed in a large gift return
If a candidate is not required to provide any details in a return, the campaign donations return must still be lodged and include a statement to the effect that no gifts of a kind required to be disclosed were received.
LARGE GIFTS RETURN
All candidates must lodge a large gifts return if they receive a gift or gifts from a donor in excess of $2,500.
The Acts prescribe different times that the large gifts return must be lodged, but during the election year, a large gift return must be lodged within 5 days of receipt of the large gift.
The return must disclose:
- the amount or value of each gift received
- details of persons and organisations (donors) providing those gifts
- the date on which each gift was made.
Two or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as one gift.
A large gifts return need not set out any details in respect of a private gift made to the candidate. A gift to a candidate is a private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to the election.
Large gifts returns should be lodged with ECSA at
Offences
See section 85 of the Local Government (Elections) Act 1999. It is an offence to fail to lodge a return within time, to lodge a return containing false or misleading information, or to supply information that is false or misleading to another person for a return. The maximum penalty is $10,000.
Public inspection of returns
The Electoral Commissioner is required to publish all returns within prescribed times on a website maintained by the returning officer.
Records
See section 89 of the Local Government (Elections) Act 1999. A person must take reasonable steps to retain all records relevant to a return and keep these for at least 4 years after the date of which the relevant return is required to be lodged. The maximum penalty is $5,000.
Frequently asked questions
ALL COUNCILS (other than the City of Adelaide)
What returns do I have to lodge?
- 2 campaign donation returns – whenever a gift (or multiple gifts from the same donor) is received that totals $500 or more
- Large gift return - whenever a gift (or multiple gifts from the same donor) is received that totals $2,501 or more.
Where do I lodge my returns?
Copies of the disclosure returns for lodgement by candidates are available in the candidate portal under disclosure returns. Each completed return can be lodged on the portal during the allotted time that they are due; these dates are shown in the portal. If you are unable to lodge these via the candidate portal, please contact
Is there a difference between 'gift' or 'donation?'
The Act refers to a ‘gift’, but it effectively means the same as a ‘donation’.
A gift is defined in the Local Government (Elections) Act 1999 (LGEA) as:
- a disposition of property
- made by a person to another person (otherwise than by will)
- without consideration in money or money’s worth or with inadequate consideration; and
- includes the provision of a service (other than volunteer labour) for no consideration or inadequate consideration.
By way of example, if a person gives money to a candidate (without getting anything in return), donates goods or services, or supplies a good or service to a candidate for less than the market or commercial rate, this may constitute a gift.
What is a 'disposition of property?'
A ‘disposition of property’ means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes:
- the allotment of shares in a company; and
- the creation of a trust in property; and
- the grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and
- the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and
- the exercise by a person of a general power of appointment of property in favour of another person; and
- a transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person.
What do I have to disclose in a campaign donation return?
The form of return will be provided in the candidate portal with fillable fields to complete, including:
- the total amount or value of all gifts with an amount or value of $500 or more received by the candidate during the disclosure period
- the number of persons who made the gifts
- the amount or value of each gift
- the date on which gift was made
- the name and address of the person making the gift (or if a trust or incorporated association – the name of the association and the name and addresses of the executive committee of the association and the name and address of the trustees and title and description of the trust).
What do I have to disclose in a large gift return?
The form of return will be provided in the candidate portal with fillable fields to complete, including:
- the amount or value of each gift
- the date on which the gift was made
- the name and address of the person making the gift (or if a trust or incorporated association – the name of the association and the name and addresses of the executive committee of the association and the name and address of the trustees and title and description of the trust).
When do I have to lodge these returns?
Candidates must lodge a campaign donations return with the Electoral Commissioner.
Candidates must lodge 2 returns:
For a supplementary election:
- the first campaign donation return must be lodged with the returning officer in the period between 8 to 14 days after the close of nominations
- the second campaign donation return must be lodged within 30 days after the conclusion of the election.
Who is a candidate?
A person is a candidate if they have announced their candidacy for an election, if they have nominated as a candidate for an election, or if they are already a member of council standing for election again.
What is a 'new candidate?'
A person is defined as a ‘new candidate’, in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council.
Do I have to report the same campaign donation (i.e. gift) more than once?
No. Although the disclosure period (reporting period) for the second campaign donation return is the same as for the first campaign donation return, gifts already reported in the first campaign donation return do not need to be disclosed again.
What if I receive 2 or more gifts from the same donor?
There is a requirement to treat 2 or more gifts during the disclosure period as 1 gift, and once the total reaches $500 (for a campaign donation) or $2,501 (for a large gift), that ‘gift’ will be disclosed in the relevant campaign donation return or large gift return.
What if I do not receive any donations or any donations over $500? Do I still need to lodge both campaign donation returns?
Yes. You should lodge a NIL return for both.
What if I have already reported a gift received in a large gift return? Do I have to report it again in a campaign donation return?
No. You do not need to report a large gift in a later campaign donations return, if it has already been disclosed.
How do I know if something I give to a candidate needs to be disclosed?
If it is a private gift, it does not need to be disclosed. A gift is a private gift if it is made to a candidate in a private capacity for their personal use and the candidate has not used and will not use the gift solely or substantially for a purpose related to the election.
Do I have to disclose the use of volunteers as a gift?
No. Whilst the definition of a gift includes the provision of a service, volunteer labour is excluded.
Are there any other restrictions on the provision of a gift to a candidate?
Gifts to candidates are permissible, as long as they are appropriately disclosed (where required) by the candidate. Although the provision of a gift is not an illegal practice, candidates and others are subject to the requirements of s57 of the LGEA which provides that a person who offers or gives a bribe with a view to inducing a person to submit or withdraw candidature, influence votes or otherwise interfere with the election if guilty of an offence.
A bribe includes any pecuniary sum or material advantage including food, drink or entertainment where the value is equal to or more than $20.
It should be noted that it is unlawful to receive a gift of $500 or more unless the required details (name, address, etc) to identify the donor are obtained by the candidate. Records should be kept by the candidate.
What if I do not receive any donations over $2,500? Do I still need to lodge a NIL large gift return?
No. You do not need to lodge a large gift return unless you receive a gift (or gifts from the same donor) over $2,500.
Where do I find further information?
- Part 14, ss 80-90 of the Local Government (Elections) Act 1999
- Regulation 11A of the Local Government (Elections) Regulations 2010
Information is current as of 13 January 2023.
Disclaimer: The information provided in this FAQ guide is general in nature. Candidates and others should refer to the specific wording of the Act and Regulations and seek independent legal or other advice on any issues of interpretation that may arise.
Candidate responsibilities
As a candidate, you have a range of important responsibilities and obligations under the law. These include making sure all electoral material you publish contains the proper authorisation statement, and that the material is not inaccurate and misleading.
View the electoral advertising page for more information.
All candidates, whether successful or not, must lodge disclosure returns.
Electoral advertising
There are restrictions placed on advertising during, and outside of, an election period. These are contained within Part 7 of the Local Government (Elections) Act 1999. The Electoral Commission SA is unable to provide advice on the interpretation of these provisions. Therefore, if you are in doubt about the interpretation, we recommend you seek independent legal advice.
Learn more on our electoral advertising page.
Forms and handbooks
- Campaign donation return LG2 (PDF, 829KB)
- Candidate handbook LG20 (PDF, 1MB)
- Large gifts return LG52 (PDF, 232KB)
- Profile and photograph requirements LG13 (PDF, 735KB)
- Scrutineer authority LG15 - (PDF, 258KB)
- Scrutineer guide LG14 - (PDF, 528KB)
- Understanding the role of a councillor (PDF, 2.4MB)
- Voters roll - Acknowledgment of use LG55 (PDF, 236KB)
Nominating as a candidate
Nominations open on Thursday 11 January 2024 and close at 12 noon Thursday 25 January 2024.
Nominations are to be completed online through the nominations portal.
Candidates must submit a profile of not more than 1000 characters with their nomination and may also provide a photograph, predominantly head and shoulders, taken within the previous 12 months.
Find out more about what it's like to be a member of council.
Responsibilities as a member of a council
Councils are responsible for many of the services that make South Australia such a great place to live and work, including libraries, playgrounds, sporting facilities and rubbish and recycling.
Becoming a councillor or mayor means you will help shape a wide range of policies and decisions that will impact the short and long-term future of your local community.
More information can be found on the council elections website.
Enrolment
The electoral roll for the supplementary election closed at 5 pm on Wednesday 20 December 2023.
If you are correctly enrolled for state elections in South Australia, you are automatically included on the council voters roll and will receive ballot papers through the post.
If you need to check or update your enrolment for future elections, you can choose one of the following options:
- Check my enrolment
- Enrol online (first time voters or to get back on the roll)
- Update my details online (for updates to your address, name or other contact details)
Council supplementary roll
If you are not enrolled on the state electoral roll you may be eligible to register on the council supplementary roll if you are:
- a resident or a non-Australian citizen who has lived at your residential address for one month or more
- an owner of an organisation or business
- an owner of a holiday home
- a sole owner, or group of owners, of a rateable property
- a sole occupier, or group of occupiers, of a rateable property
- a landlord of rateable property.
In accordance with section 15(5a) of the Local Government (Elections) Act 1999, council must purge the council's supplementary roll on 1 January of every election year. Therefore, all landlords, organisations, business owners or occupiers, and resident non-Australian citizens, must re-enrol from January 1 of every election year to be eligible to vote, with the exception of the City of Adelaide.
If you are unsure whether you are enrolled on the council supplementary roll, contact your local council.
Timetable
Event | Legislation* | Date |
Close of rolls |
s 6(7)(a), s 15(9)(b) |
5 pm, Wednesday 20 December 2023 |
Nominations open |
s 19(4) |
Thursday 11 January 2024 |
In-person candidate briefing session |
2 pm, Thursday 11 January 2024 | |
Online candidate briefing session |
6 pm, Thursday 11 January 2024 | |
Nominations close |
s 23(b) |
12 noon, Thursday 25 January 2024 |
Draw for positions on the ballot paper |
s 29(3)(b) |
as soon as practicable after 12 noon, Thursday 25 January 2024 |
First campaign donation return due |
s 80(3)(a)(ii) | Thursday 1 February 2024 to Thursday 8 February 2024 |
Mailout of materials |
s 39(1) |
Wednesday 14 February 2024 to Tuesday 20 February 2024 |
Last day for re-issue of voting materials |
s 39(4), s 43(4) |
5 pm, Tuesday 5 March 2024 |
Close of voting (polling day) |
s 6(6), s 6(7)(b) |
12 noon, Tuesday 12 March 2024 |
Scrutiny and count |
s 47(1)(a) |
Wednesday 13 March 2024 |
Second campaign donation return due | s 80(3)(b) |
Within 30 days of the 'conclusion of the election' |
2024 District Council of Mount Remarkable supplementary elections
At the close of nominations at 12 noon on Thursday 25 January 2024, the number of candidates was not more than the number of vacancies and the following people are duly elected.
Telowie Ward Councillor – 1 vacancy
EVANS, Jane – elected unopposed
Willochra Ward Councillor – 1 vacancy
SCHULTZ, Roger – elected unopposed
Campaign disclosure returns
Candidates must lodge the following returns with the Electoral Commissioner:
- Campaign donation return
- Return no.1 – lodgement from Thursday 1 February to Thursday 8 February 2024
- Return no.2 – within 30 days of the conclusion of the election
- Large gift return
- Return lodgement within 5 days after receipt, only required for gifts in excess of $2,500
List of candidates
In accordance with the Local Government (Elections) Act 1999 (section 25), the nominations below were declared elected to their respective councillor offices. These results were announced during the draw to determine the order of candidates names to appear on the ballot paper, held on Thursday 25 January 2024.
District Council of Mount Remarkable – Telowie Ward
EVANS, Jane
I am here by applying for 1 of the vacant council positions in the District Council of Mount Remarkable. My name is Jane Evans, I was born in Alice Springs and spent my childhood at Oodnadatta as a Police Officers daughter . In. 2010 I purchased a house in Wirrabara ready for my retirement, which occurred in2022. My experience in Local Government entails being on Mintabie Progress Association, Marla Progress Association, I also worked and lived in Elliott NT and was elected to represent the Kuwarrangu ward of the Barkly Regional Council from 2018-2021. Now living in Wirrabara, I’m a current member of the Wirrabara Progess, volunteering for functions at the Sporting Reserve, Institute and BBQ and Coffee shop at the Market. I’m a good communicator and very passionate about what happens in the community, and any improvement that can be made, I’m prepared to help in anyway to accomplish this.
I live in the Telowie Ward | Contact Details: 0428 373 378 | I am not a member of a Political Party
Campaign Donation 1 Campaign Donation 2
District Council of Mount Remarkable – Willochra Ward
SCHULTZ, Roger
Hello electors in the Willochra ward. My name is Roger Schultz and I have now retired from the Council and wish to represent our ward. While a councilor should have the best interests of the entire district at heart, as a former grader operator, roads and especially the roads in our ward will be of particular interest to me. Pam and I will have lived in Wilmington for five years on Australia day 2024, although we spent quite bit of time in the area on weekends prior to that, hence our decision to become residents. As an elected member I would do my very best to represent our community. Thank you.
I live in the Willochra Ward | Contact Details:
Candidate information
Online candidate briefing session
A briefing session for intending candidates was held online at 6 pm on Thursday 11 January 2024. Watch the recording.
Acts and Regulations
The rules that govern council elections are set out in:
The Acts and Regulations should be read in conjunction with the Local Government Act 1999.
Candidate eligibility and ineligibility
You are eligible to be a candidate for election as a member of a council if you are:
- an Australian citizen
- at the time the electoral roll closes:
- enrolled in the council area you are contesting, or
- the nominee of a body corporate or a group that has its name on the voters roll for the council area
- left off the voters roll for the council area in error.
You are not eligible to be a candidate for election as a member of a council if you are:
- a member of an Australian Parliament; or
- an undischarged bankrupt or receiving the benefit of a law for the relief of insolvent debtors; or
- have been sentenced to imprisonment and are, or could on the happening of some contingency become, liable to serve the sentence or the remainder of the sentence; or
- are an employee of the council; or
- are disqualified from election by court order under the Local Government Act 1999.
You are not eligible to be a candidate for election as a member of a council if you:
- in the case of a supplementary election - are a member of another council; or
- in the case of any election - are a candidate for election as a member of another council
Candidate disclosure returns
CANDIDATE PORTAL ACCESS (link coming soon)
A person who is a candidate for election to an office of a council must lodge the following returns with the Electoral Commissioner:
CAMPAIGN DONATIONS RETURN
Candidates must lodge a campaign donations return with the Electoral Commissioner.
Candidates must lodge 2 returns:
For a supplementary election:
- the first campaign donation return must be lodged with the returning officer in the period between 8 to 14 days after the close of nominations
- the second campaign donation return must be lodged within 30 days after the conclusion of the election.
The return must disclose:
- the total amount or value of all gifts received during the disclosure period
- the number of people who made those gifts
- the amount or value of each gift
- the date on which each gift was made
- details of persons and organisations (donors) providing those gifts.
The campaign donations return need not set out any details in respect of:
- a private gift made to the candidate
- a gift with an amount or value less than $500
- a gift already disclosed in a large gift return
If a candidate is not required to provide any details in a return, the campaign donations return must still be lodged and include a statement to the effect that no gifts of a kind required to be disclosed were received.
LARGE GIFTS RETURN
All candidates must lodge a large gifts return if they receive a gift or gifts from a donor in excess of $2,500.
The Acts prescribe different times that the large gifts return must be lodged, but during the election year, a large gift return must be lodged within 5 days of receipt of the large gift.
The return must disclose:
- the amount or value of each gift received
- details of persons and organisations (donors) providing those gifts
- the date on which each gift was made.
Two or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as one gift.
A large gifts return need not set out any details in respect of a private gift made to the candidate. A gift to a candidate is a private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to the election.
Large gifts returns should be lodged with ECSA at
Offences
See section 85 of the Local Government (Elections) Act 1999. It is an offence to fail to lodge a return within time, to lodge a return containing false or misleading information, or to supply information that is false or misleading to another person for a return. The maximum penalty is $10,000.
Public inspection of returns
The Electoral Commissioner is required to publish all returns within prescribed times on a website maintained by the returning officer.
Records
See section 89 of the Local Government (Elections) Act 1999. A person must take reasonable steps to retain all records relevant to a return and keep these for at least 4 years after the date of which the relevant return is required to be lodged. The maximum penalty is $5,000.
Frequently asked questions
ALL COUNCILS (other than the City of Adelaide)
What returns do I have to lodge?
- 2 campaign donation returns – whenever a gift (or multiple gifts from the same donor) is received that totals $500 or more
- Large gift return - whenever a gift (or multiple gifts from the same donor) is received that totals $2,501 or more.
Where do I lodge my returns?
Copies of the disclosure returns for lodgement by candidates are available in the candidate portal under disclosure returns. Each completed return can be lodged on the portal during the allotted time that they are due; these dates are shown in the portal. If you are unable to lodge these via the candidate portal, please contact
Is there a difference between 'gift' or 'donation?'
The Act refers to a ‘gift’, but it effectively means the same as a ‘donation’.
A gift is defined in the Local Government (Elections) Act 1999 (LGEA) as:
- a disposition of property
- made by a person to another person (otherwise than by will)
- without consideration in money or money’s worth or with inadequate consideration; and
- includes the provision of a service (other than volunteer labour) for no consideration or inadequate consideration.
By way of example, if a person gives money to a candidate (without getting anything in return), donates goods or services, or supplies a good or service to a candidate for less than the market or commercial rate, this may constitute a gift.
What is a 'disposition of property?'
A ‘disposition of property’ means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes:
- the allotment of shares in a company; and
- the creation of a trust in property; and
- the grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and
- the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and
- the exercise by a person of a general power of appointment of property in favour of another person; and
- a transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person.
What do I have to disclose in a campaign donation return?
The form of return will be provided in the candidate portal with fillable fields to complete, including:
- the total amount or value of all gifts with an amount or value of $500 or more received by the candidate during the disclosure period
- the number of persons who made the gifts
- the amount or value of each gift
- the date on which gift was made
- the name and address of the person making the gift (or if a trust or incorporated association – the name of the association and the name and addresses of the executive committee of the association and the name and address of the trustees and title and description of the trust).
What do I have to disclose in a large gift return?
The form of return will be provided in the candidate portal with fillable fields to complete, including:
- the amount or value of each gift
- the date on which the gift was made
- the name and address of the person making the gift (or if a trust or incorporated association – the name of the association and the name and addresses of the executive committee of the association and the name and address of the trustees and title and description of the trust).
When do I have to lodge these returns?
Candidates must lodge a campaign donations return with the Electoral Commissioner.
Candidates must lodge 2 returns:
For a supplementary election:
- the first campaign donation return must be lodged with the returning officer in the period between 8 to 14 days after the close of nominations
- the second campaign donation return must be lodged within 30 days after the conclusion of the election.
Who is a candidate?
A person is a candidate if they have announced their candidacy for an election, if they have nominated as a candidate for an election, or if they are already a member of council standing for election again.
What is a 'new candidate?'
A person is defined as a ‘new candidate’, in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council.
Do I have to report the same campaign donation (i.e. gift) more than once?
No. Although the disclosure period (reporting period) for the second campaign donation return is the same as for the first campaign donation return, gifts already reported in the first campaign donation return do not need to be disclosed again.
What if I receive 2 or more gifts from the same donor?
There is a requirement to treat 2 or more gifts during the disclosure period as 1 gift, and once the total reaches $500 (for a campaign donation) or $2,501 (for a large gift), that ‘gift’ will be disclosed in the relevant campaign donation return or large gift return.
What if I do not receive any donations or any donations over $500? Do I still need to lodge both campaign donation returns?
Yes. You should lodge a NIL return for both.
What if I have already reported a gift received in a large gift return? Do I have to report it again in a campaign donation return?
No. You do not need to report a large gift in a later campaign donations return, if it has already been disclosed.
How do I know if something I give to a candidate needs to be disclosed?
If it is a private gift, it does not need to be disclosed. A gift is a private gift if it is made to a candidate in a private capacity for their personal use and the candidate has not used and will not use the gift solely or substantially for a purpose related to the election.
Do I have to disclose the use of volunteers as a gift?
No. Whilst the definition of a gift includes the provision of a service, volunteer labour is excluded.
Are there any other restrictions on the provision of a gift to a candidate?
Gifts to candidates are permissible, as long as they are appropriately disclosed (where required) by the candidate. Although the provision of a gift is not an illegal practice, candidates and others are subject to the requirements of s57 of the LGEA which provides that a person who offers or gives a bribe with a view to inducing a person to submit or withdraw candidature, influence votes or otherwise interfere with the election if guilty of an offence.
A bribe includes any pecuniary sum or material advantage including food, drink or entertainment where the value is equal to or more than $20.
It should be noted that it is unlawful to receive a gift of $500 or more unless the required details (name, address, etc) to identify the donor are obtained by the candidate. Records should be kept by the candidate.
What if I do not receive any donations over $2,500? Do I still need to lodge a NIL large gift return?
No. You do not need to lodge a large gift return unless you receive a gift (or gifts from the same donor) over $2,500.
Where do I find further information?
- Part 14, ss 80-90 of the Local Government (Elections) Act 1999
- Regulation 11A of the Local Government (Elections) Regulations 2010
Information is current as of 13 January 2023.
Disclaimer: The information provided in this FAQ guide is general in nature. Candidates and others should refer to the specific wording of the Act and Regulations and seek independent legal or other advice on any issues of interpretation that may arise.
Candidate responsibilities
As a candidate, you have a range of important responsibilities and obligations under the law. These include making sure all electoral material you publish contains the proper authorisation statement, and that the material is not inaccurate and misleading.
View the electoral advertising page for more information.
All candidates, whether successful or not, must lodge disclosure returns.
Electoral advertising
There are restrictions placed on advertising during, and outside of, an election period. These are contained within Part 7 of the Local Government (Elections) Act 1999. The Electoral Commission SA is unable to provide advice on the interpretation of these provisions. Therefore, if you are in doubt about the interpretation, we recommend you seek independent legal advice.
Learn more on our electoral advertising page.
Forms and handbooks
- Campaign donation return LG2 (PDF, 829KB)
- Candidate handbook LG20 (PDF, 1MB)
- Large gifts return LG52 (PDF, 232KB)
- Profile and photograph requirements LG13 (PDF, 735KB)
- Scrutineer authority LG15 - (PDF, 258KB)
- Scrutineer guide LG14 - (PDF, 528KB)
- Understanding the role of a councillor (PDF, 2.4MB)
- Voters roll - Acknowledgment of use LG55 (PDF, 236KB)
Nominating as a candidate
Nominations open on Thursday 11 January 2024 and close at 12 noon Thursday 25 January 2024.
Nominations are to be completed online through the nominations portal.
Candidates must submit a profile of not more than 1000 characters with their nomination and may also provide a photograph, predominantly head and shoulders, taken within the previous 12 months.
Find out more about what it's like to be a member of council.
Responsibilities as a member of a council
Councils are responsible for many of the services that make South Australia such a great place to live and work, including libraries, playgrounds, sporting facilities and rubbish and recycling.
Becoming a councillor or mayor means you will help shape a wide range of policies and decisions that will impact the short and long-term future of your local community.
More information can be found on the council elections website.
Enrolment
The electoral roll for the supplementary elections closed at 5 pm on Wednesday 20 December 2023.
If you are correctly enrolled for state elections in South Australia, you are automatically included on the council voters roll and will receive ballot papers through the post.
If you need to check or update your enrolment for future elections, you can choose one of the following options:
- Check my enrolment
- Enrol online (first time voters or to get back on the roll)
- Update my details online (for updates to your address, name or other contact details)
Council supplementary roll
If you are not enrolled on the state electoral roll you may be eligible to register on the council supplementary roll if you are:
- a resident or a non-Australian citizen who has lived at your residential address for one month or more
- an owner of an organisation or business
- an owner of a holiday home
- a sole owner, or group of owners, of a rateable property
- a sole occupier, or group of occupiers, of a rateable property
- a landlord of rateable property.
In accordance with section 15(5a) of the Local Government (Elections) Act 1999, council must purge the council's supplementary roll on 1 January of every election year. Therefore, all landlords, organisations, business owners or occupiers, and resident non-Australian citizens, must re-enrol from January 1 of every election year to be eligible to vote, with the exception of the City of Adelaide.
If you are unsure whether you are enrolled on the council supplementary roll, contact your local council.
Timetable
Event | Legislation* | Date |
Close of rolls |
s 6(7)(a), s 15(9)(b) |
5 pm, Wednesday 20 December 2023 |
Nominations open |
s 19(4) |
Thursday 11 January 2024 |
Online candidate briefing session | 6 pm, Thursday 11 January 2024 | |
Nominations close |
s 23(b) |
12 noon, Thursday 25 January 2024 |
Draw for positions on the ballot paper |
s 29(3)(b) |
as soon as practicable after 12 noon, Thursday 25 January 2024 |
First campaign donation return due | s 80(3)(a)(ii) | Thursday 1 February 2024 to Thursday 8 February 2024 |
Mailout of materials |
s 39(1) |
Wednesday 14 February 2024 to Tuesday 20 February 2024 |
Last day for re-issue of voting materials |
s 39(4), s 43(4) |
5 pm, Tuesday 5 March 2024 |
Close of voting (polling day) |
s 6(6), s 6(7)(b) |
12 noon, Tuesday 12 March 2024 |
Scrutiny and count |
s 47(1)(a) |
Wednesday 13 March 2024 |
Second campaign donation return due | s 80(3)(b) |
Within 30 days of the 'conclusion of the election' |
City of Tea Tree Gully – Drumminor Ward Councillor – 28 November 2023
The resignation of ward councillor Damian Wyld caused a casual vacancy in the City of Tea Tree Gully, Drumminor ward.
Section 6A of the Local Government (Elections) Act 1999 was applied to fill this vacancy.
The candidates who were not elected in the November 2022 periodic election were asked to confirm their willingness and eligibility to be elected to this vacancy. As three candidates were determined willing and eligible to be elected to the vacancy, a recount of the votes cast at the periodic election was conducted from 9.30am on Tuesday at 81-95 Waymouth Street, Adelaide.
First preference votes
First preference votes were distributed to the three eligible candidates, and ballot papers with no preference expressed for an eligible candidate were recorded as exhausted.
Below are the first preference votes received by the candidates in the order they appeared on the ballot paper.
Candidate | First preference votes | Elected or excluded |
---|---|---|
PETRIE, Lyn | 1,373 | Elected |
ROBERTS, Kylie | 812 | |
LEUNG, Cyril | 504 | |
Exhausted* | 131 | |
TOTAL | 2,820 |
Results declaration
Due to achieving the higher number of votes, Lyn PETRIE was declared elected at 10:16am on Tuesday 28 November 2023. |
To view the distribution of votes refer to the City of Tea Tree Gully – Drumminor Ward Councillor – 28 November 2023 recount scrutiny sheet (PDF 117KB)
* An exhausted vote is a type of preferential vote where all the ranked candidates have already been elected or eliminated. This means that the vote no longer counts towards any winning candidate. It is also known as an exhausted ballot.
District Council of Cleve – Area Councillor – 23 November 2023
The resignation of an area councillor caused a casual vacancy in the District Council of Cleve.
Section 6A of the Local Government (Elections) Act 1999 was applied to fill this vacancy.
The candidates who were not elected in the November 2022 periodic election were asked to confirm their willingness and eligibility to be elected to this vacancy. As three candidates were determined willing and eligible to be elected to the vacancy, a recount of the votes cast at the periodic election was conducted.
First preference votes
First preference votes were distributed to the three eligible candidates, and ballot papers with no preference expressed for an eligible candidate were recorded as exhausted.
Below are the first preference votes received by the candidates in the order they appeared on the ballot paper.
Candidate | First preference votes | Elected or excluded |
---|---|---|
WETHERALL, Julie | 228 | |
SIVIOUR, Grantley | 155 | |
RAYSON, Colin | 455 | Elected |
Exhausted* | 33 | |
TOTAL | 871 |
Results declaration
Due to achieving the higher number of votes, Colin Rayson was declared elected at 11:11am on Thursday 23 November 2023. |
To view the distribution of votes refer to the District Council of Cleve – Area Councillor – 23 November 2023 - scrutiny sheet (PDF, 201KB)
* An exhausted vote is a type of preferential vote where all the ranked candidates have already been elected or eliminated. This means that the vote no longer counts towards any winning candidate. It is also known as an exhausted ballot.