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 are to be completed online through the candidate 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 closes at 5 pm on Monday 30 September 2024.
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) |
5pm, Friday 29 November 2024 |
|
Nominations open |
s 19(4) |
Thursday 9 January 2025 |
|
Nominations close |
s 23(b) |
12 noon, Thursday 23 January 2025 |
|
Draw for positions on the ballot paper |
s 29(3)(b) |
as soon as practicable after 12 noon, Thursday 23 January 2025 |
|
First campaign donation return due |
s 80(3)(a)(ii) | Thursday 30 January 2025 to Thursday 6 February 2025 |
|
Mailout of materials |
s 39(1) |
From Tuesday 4 February 2025 |
|
Last day for re-issue of voting materials |
s 39(4), s 43(4) |
5pm, Monday 24 February 2025 |
|
Close of voting (polling day) |
s 6(6), s 6(7)(b) |
12 noon, Monday 3 March 2025 |
|
Scrutiny and count |
s 47(1)(a) |
Tuesday 4 March 2025 |
| Second campaign donation return due | s 80(3)(b) |
Within 30 days of the 'conclusion of the election' |