Parties and Candidates

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Overview

Part 12 of the Local Government (Elections) Act 1999 sets out a range of illegal practices that are prohibited in South Australian council elections. These rules protect free, fair and transparent participation, and apply to candidates, campaign workers and any other person involved in an election.

Engaging in an illegal practice is a serious offence and may result in fines, imprisonment or disqualification from office.

Acts and regulations

Council elections are governed by the following legislation:

These should be read together with the: Local Government Act 1999 and the City of Adelaide Act 1998.

What is an illegal practice?

An illegal practice is conduct that unlawfully interferes with the proper conduct of an election or the rights of voters. Part 12 covers behaviour that:

  • pressures or influences voters inappropriately
  • interferes with voting processes or ballot papers
  • involves dishonesty or deception
  • undermines the integrity or fairness of the election.

The Act sets out specific offences and the penalties that apply.

Examples of illegal practices

Part 12 includes offences such as:

  • Bribery: Offering, giving or receiving money, gifts or other benefits to influence how a person votes or whether they stand as a candidate.
  • Intimidation or undue influence: Threatening, coercing or pressuring a person to vote, not vote, or vote in a particular way.
  • Interference with voting processes: Tampering with ballot papers, ballot boxes, voting materials or postal voting processes, or obstructing voters at a polling place.
  • Dishonest conduct: Making false statements about a candidate’s personal character or conduct, or knowingly spreading misleading information to affect the result of an election.
  • Impersonation and fraudulent voting: Voting in another person’s name, applying for a ballot paper using false details, or assisting another person to do so.
  • Improper use of postal voting or enrolment: Misusing postal voting applications, enrolment forms or other electoral documents to gain an unfair advantage.

This list is not exhaustive. The Act contains detailed provisions and definitions for each offence.

Consequences and penalties

Illegal practices under Part 12 may result in:

  • Fines: Monetary penalties set out in the Act.
  • Imprisonment: For more serious offences.
  • Disqualification: A person may be disqualified from being elected or from holding office as a member of a council.
  • Invalidation of an election: In some circumstances, serious illegal practices may lead to an election result being challenged.

Candidates and others involved in campaigns should be aware that ignorance of the law is not a defence.

Candidate responsibilities

Candidates are responsible for ensuring that:

  • they do not engage in illegal practices
  • their campaign workers and volunteers understand and comply with the law
  • their campaign activities are honest, lawful and respectful of voters’ rights.

This includes:

  • avoiding any form of bribery or undue influence
  • ensuring campaign messaging does not involve false statements about other candidates
  • respecting the secrecy and integrity of the ballot.

Complying with these obligations helps maintain public confidence in council elections.

Reporting concerns

If you believe an illegal practice may have occurred:

  • you can raise your concerns with the Electoral Commission of South Australia (ECSA)
  • in some cases, matters may be referred to the courts or other relevant authorities.

ECSA cannot provide legal advice. If you are unsure how the law applies to your situation, you should seek independent legal advice.

Related information

Local Government Council Elections – Update

The next periodic local government council elections will now be held in April 2027 (previously scheduled for November 2026).

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Overview

Candidates in South Australian council elections must comply with disclosure requirements for campaign donations and gifts. These rules promote transparency about who supports candidates and how campaigns are funded. Requirements are set out in Part 14 of the Local Government (Elections) Act 1999, associated regulations and mirrored in sections 24–24B of the City of Adelaide Act 1998. City of Adelaide candidates must lodge a campaign expenditure return under section 25.

Acts and regulations

Council elections are governed by the following legislation:

These should be read together with the Local Government Act 1999 and the City of Adelaide Act 1998.

Key definitions

Gift: Anything of value given to support a candidate’s campaign (money, goods, services or other benefits). Multiple gifts from the same person during the disclosure period are treated as one gift.

Private gift: A personal gift received in a private capacity and not used for the campaign. Private gifts do not need to be disclosed.

Donor identification: Candidates must record donor details according to donor type:

  • Unincorporated association: association name; names and addresses of executive committee members.
  • Trust fund or foundation: names and addresses of trustees; name/description of the trust or foundation.
  • Individual: name and residential address.
    (These rules apply to all return types.)

Types of returns

All candidates must lodge:

  • Special returns (s 81) — gifts of $500 or more received during the special disclosure period
  • Ordinary returns (s 81A) — all disclosable gifts received during the disclosure period
City of Adelaide candidates must also lodge:
  • Campaign expenditure returns (s 25 — City of Adelaide Act 1998)

Return comparison

The table below summarises the return types, legislative basis and lodgement timeframes.

Return type Applies to Legislative basis What must be disclosed When to lodge
Special return All candidates s 81 — Local Government (Elections) Act 1999 (repeated in s 24 — City of Adelaide Act 1998) Gifts of $500 or more received during the special disclosure period Within 5 days of announcing candidacy or receiving the gift
Ordinary return All candidates s 81A — Local Government (Elections) Act 1999 (repeated in s 24A — City of Adelaide Act 1998) All disclosable gifts received during the ordinary disclosure period Within 7 days after the end of the disclosure period
Campaign expenditure return City of Adelaide candidates only s 25 — City of Adelaide Act 1998 Total campaign expenditure for the election As required under the Act (after polling day)

Special return

Required if a candidate receives a gift of $500 or more during the special disclosure period.

Not required for: private gifts; gifts under $500.
Include: value, date, donor details.
Lodge: within 5 days of announcing candidacy or receiving the gift.
Special disclosure period: begins 4 months before announcing candidacy or lodging nomination; ends on polling day.

Ordinary return

Reports all disclosable gifts received during the disclosure period.

Include: total value, number of donors, value/date of each gift, donor details.
Lodge: within 7 days after the disclosure period.
Not required to include: private gifts; gifts under $500.
Nil‑return: required if no disclosable gifts were received.
Disclosure period: begins 4 months before announcing candidacy or lodging nomination; ends 21 days after polling day.

Campaign expenditure return (City of Adelaide only)

Reports all campaign expenditure incurred by or with the authority of the candidate (s 25). Includes spending on:

  • broadcast, published or displayed electoral advertising
  • production of advertising or printed electoral material
  • consultants or advertising agents
  • opinion polling or research
  • targeted electoral material
  • any prescribed items

Nil return: may be lodged if expenditure is $500 or less or none was incurred.

Shared campaign arrangements

Notify the returning officer within 1 business day if candidates agree to:

  • jointly incur expenditure, or
  • use a shared campaign account
Notice must include names of all candidates involved. The returning officer publishes the notice online until 30 days after polling day.

Prohibited gifts

Candidates, council members or persons acting for a candidate must not receive a gift of $500 or more unless the donor’s true name and address are known.

If a prohibited gift is received, an amount equal to its full value must be paid to the Crown.

Completing and amending returns

Inability to complete (s 83): lodge the return with available information and provide written notice explaining missing details.
Amendments (s 84): written, signed request to the returning officer. Amendments do not remove liability for offences relating to the original return.

Offences and compliance

Offences (s 85): failing to lodge returns on time; knowingly false or misleading returns; providing false information.
Maximum penalty: $10,000.

Failure to comply (s 86): returning officer must notify the person; if a council member, the CEO must also be notified after 1 month. Non‑compliance does not invalidate the election.

Public access to information

Returning officers must keep copies of returns and publish:

  • special returns within 5 days
  • ordinary returns within 8 weeks

Returns remain available for 4 years.

Restrictions apply to publishing or commenting on return information unless fair, accurate and in the public interest. 

Maximum penalty: $10,000

Record‑keeping

  • Candidates must keep all records needed to complete returns and retain them for 4 years.
  • Regulations may set valuation principles for non‑monetary gifts.
  • Related bodies corporate are treated as one person.
  • Acts of a campaign committee are taken to be acts of the candidate.

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Overview

Administrative funding (formerly known as special assistance funding) is a form of public funding provided under Division 5 of the Electoral Act 1985 (the Act). It is paid as a half-yearly entitlement to eligible registered political parties and independent members of parliament to assist with the reimbursement of administrative expenditure.

Before the amendments introduced by the Electoral (Accountability and Integrity) Amendment Act 2024, public funding provided under Division 5 of the Electoral Act was known as special assistance funding. 

👉 View historical special assistance funding.

For detailed instructions and legislative references, see the Administrative Funding Guide (PDF, 241KB).

Purpose

Registered political parties and independent members of parliament may be eligible to receive administrative funding. This funding is to cover administrative expenses, including:

  • Administration, operation or management of the activities of the party or member.
  • Communication with members of the party on administrative, operational or management matters.
  • Conferences, seminars, and meetings at which policies are discussed or formulated.
  • Complying with the Act and auditing of financial accounts.
  • Expenditure and remuneration of staff.
  • Training of staff and volunteers.
  • Equipment or vehicles whilst engaged in the matters referred to above.
  • Office accommodation for staff and equipment.
  • Expenditure on interest payments on loans.

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Eligibility

Registered political parties

To be eligible for administrative funding, a registered political party must:

  • Have at least one member in the South Australian Parliament (House of Assembly or Legislative Council) during the period.
  • Be registered on the polling day of the most recent general election.
  • Remain registered for the entire funding period.

Special rule for 2025

Despite section 130 U(1)(b)(ii) of the Act, a registered political party will still be considered eligible for the July—December 2025 half-year period if:

  • it was registered on or before 1 August 2025, and
  • It stayed registered until 31 December 2025.

Independent members of parliament

Independent members of parliament are also eligible for administrative funding.

Who is not eligible

  • Parties with no members in either the House of Assembly or Legislative Council.

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Use of funds

  • Administrative funding must not be paid into a state campaign account.
  • Administrative funding must not be used for political or electoral expenditure.
  • Two or more registered political parties cannot rely on the same person for entitlement to, or payment of, administrative funding.

How to apply

  1. Complete the administrative expenditure funding application form within 30 days of the end of the period.
  2. Return the completed form by email to This email address is being protected from spambots. You need JavaScript enabled to view it.

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Funding amounts

Payments are made twice a year (half-yearly) and are indexed annually in line with the Consumer Price Index (CPI).

Payment structure
Recipient type Elected members Funding amount (half-yearly)
Registered political party 1 member $85,000
Registered political party 2 members $245,000
Registered political party Each additional member (beyond 2) $55,000 (capped)
Registered political party Maximum funding $800,000
Independent member of parliament 1 member $20,000

View administrative funding payments by period

👉 Half-yearly payments made to eligible parties and independent members

One-off payment

The one‑off payment provides reimbursement for eligible administrative costs incurred as a result of funding and disclosure reforms. It is designed to recognise the additional administrative burden placed on registered political parties and independent members of parliament who are eligible for administrative funding.

Purpose

  • Reimburses one-off costs associated with meeting funding and disclosure obligations.
  • Supports parties and independent members facing additional administrative requirements created by recent reforms.

Availability

  • Available from 1 July 2025 to 3 August 2026.

How to claim

  • Paid on receipt of a one-off administrative funding claim form.

Funding limit

  • Registered political parties: up to $200,000.
  • Independent members of parliament: up to $50,000.

A cost already claimed under administrative funding cannot be claimed again as part of this one-off payment.

View one-off administrative funding payments made

👉 One-off administrative funding payments

Repayment of funds

The Electoral Commissioner may require repayment of unspent administrative funding in the following circumstances:

  • Did not contest the election.
  • Ceases to operate, becomes unregistered, or a seat becomes vacant.
  • Changes status, such as:
    • A non-party member joining a registered political party.
    • Standing in an election for a registered political party.
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Policy development funding provides reimbursement to eligible registered political parties for approved policy development expenditure incurred during a calendar year. Full instructions and legislative references are available in the Policy Development Funding Guide (PDF, 186KB).

Eligibility

A party is eligible for annual payments when it meets both the following conditions:

  • It is an entitled registered political party for at least 12 months during the full calendar year of expenditure.
  • It is not receiving administrative funding.
A registered party is considered eligible if it has been registered for 12 months or more as of 1 January and remains registered for the entire calendar year.

Funding amount

Eligible parties may receive up to $20,000 per year (indexed from 2026), based on actual policy development expenditure.

This funding must not be paid into a state campaign account and cannot be used for political or electoral expenditure.

What qualifies as policy development expenditure

Expenditure may include activities such as:

  • Hosting conferences, seminars, meetings, or similar functions where party policies are discussed.
  • Providing information about party policies to members and supporters.
  • Conducting research for the purpose of developing party policies.

How to claim

Eligible parties can submit a claim to the Electoral Commission of South Australia within 30 days after the end of the calendar year to which the expenditure relates.

Policy development funding payments

The following table lists all policy development funding payments made to eligible political participants for the half-year period 1 July 2025 – 31 December 2025.

Name Amount
($)
Family First Party Inc 20,000.00
National Party of Australia (SA) Inc 596.59
Pauline Hanson’s One Nation (SA) 5,150.73
Stephen Pallaras Real Change SA 484.52
Total 26,231.84



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