Disclosure requirements – council candidates

Local Government Council Elections – Update

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

On this page

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 Schedule 1 Part 8 of the City of Adelaide Act 1998. City of Adelaide candidates must also lodge a campaign expenditure return under Schedule 1 clause 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 — gifts of $500 or more received during the special disclosure period.
  • Ordinary returns — all disclosable gifts received during the disclosure period.
City of Adelaide candidates must also lodge:
  • Campaign expenditure returns (Schedule 1 clause 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 Schedule 1 clause 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 Schedule 1 clause 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 Schedule 1 clause 25 — City of Adelaide Act 1998 Total campaign expenditure for the election As required under the Act (after polling day)

Special return

A candidate must lodge a special return if they receive a gift with a value of $500 or more during the special disclosure period.

The purpose of the special return is to provide prompt public disclosure of significant gifts received by candidates during an election campaign.

A special return is not required for:

  • private gifts
  • gifts valued at less than $500.

The special return must include:

  • the value of the gift
  • the date the gift was received 
  • the name and address of the donor
  • any other information required to identify the donor of the gift.

When to lodge a special return

A special return must be lodged within 5 days of:

  • announcing candidacy, if the gift was received during the special disclosure period before the announcement; or
  • receiving the gift, if the gift is received after candidacy has been announced.

Special disclosure period

The special disclosure period:

  • begins 4 months before a person announces their candidacy or lodges their nomination, whichever occurs first; and
  • ends on polling day.
Important

Candidates should keep records of all gifts received during the special disclosure period to ensure any required return can be completed accurately and lodged on time.

Ordinary return

An ordinary return is used to report all disclosable gifts received during the disclosure period.

Candidates must lodge an ordinary return whether they have received disclosable gifts or not. If no disclosable gifts were received during the disclosure period, a nil return must be lodged.

A disclosable gift is generally a gift valued at $500 or more.

The ordinary return must include:

  • the total value of all disclosable gifts received during the disclosure period
  • the number of donors
  • details of each disclosable gift, including its value and the date it was received
  • the name and address of each donor
  • any other information required to identify the donor and the gift

Not required to be included:

  • private gifts
  • gifts valued at less than $500

When to lodge an ordinary return

An ordinary return must be lodged within 7 days after the end of the disclosure period.

Disclosure period

The disclosure period:

  • begins 4 months before a person announces their candidacy or lodges their nomination, whichever occurs first; and
  • ends 21 days after polling day.
Important

Candidates should keep records of all gifts received during the disclosure period to ensure any required return can be completed accurately and lodged on time.

Campaign expenditure return (City of Adelaide only)

Candidates for the City of Adelaide must lodge a campaign expenditure return to disclose campaign expenditure incurred by the candidate or incurred by another person with the candidate's authority.

The return promotes transparency by reporting spending connected with the candidate's election campaign.

Campaign expenditure includes spending on:

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

The return must include:

  • the total amount of campaign expenditure incurred
  • details of each expenditure item
  • any other information required to identify the nature and purpose of the expenditure

Nil returns

A nil return may be lodged if:

  • total campaign expenditure was $500 or less; or
  • no campaign expenditure was incurred.
Important

Candidates should keep invoices, receipts, contracts and other records relating to campaign expenditure to ensure their return can be completed accurately and lodged on time.

Shared campaign arrangements

Candidates who enter into a campaign arrangement or understanding with one or more other candidates must notify the returning officer within 1 business day of entering into the arrangement. This requirement applies where candidates agree to:

  • jointly incur expenditure on electoral material relating to the election; or
  • keep gifts of money received for the election in the same account.

The notice must include:

  • the names of all candidates involved in the arrangement or understanding
  • the election to which the arrangement relates
  • whether the arrangement involves joint expenditure, a shared campaign account, or both
  • a brief description of the arrangement or understanding.

All candidates who are party to the arrangement must declare that the information provided is true and correct and complies with the requirements of the applicable legislation.

Publication of notices

The returning officer will publish notices of campaign arrangements or understandings on a website in accordance with the legislative requirements for council elections. Published notices remain available until 30 days after polling day. 

Important

Candidates should notify the returning officer as soon as an arrangement is made. Failure to lodge the notice within 1 business day may constitute a breach of the applicable electoral legislation. 

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

Offences and compliance

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

Failure to comply: 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.

Back to top