Statutes Amendment (Local Government Review) Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (15:51): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The Statutes Amendment (Local Government Review) Bill 2020 represents the most significant changes to our local government system that have been brought forward in a single Bill since Parliament passed the Local Government Act at the end of the last century.

The Bill proposes to amend almost every Chapter in the Local Government Act, along with the Local Government (Elections) Act, the City of Adelaide Act and five other pieces of legislation that interact with the system of local government.

While the reforms are wide-ranging, they have all been developed within the context of councils as our local governments. It's often said that councils are the closest sphere of government to the community. They are delivering the services that are part of our day to day lives. Our council members are people from our local area—often living just down the road.

Because of this, it can be easy to lose sight of the fact that councils are governments, just like State and Federal Government. They are elected to make serious decisions about the services they provide and the taxes they raise to fund them—and they have both the powers and responsibilities that this requires.

And like all governments, councils make these decisions within an ecosystem that needs to be as robust as possible. This ecosystem includes integrity agencies, media oversight, councils' own internal processes, support provided to councils by their administration; and most importantly, the interaction with and oversight by councils' communities and ratepayers.

It is all of these parts working together that help councils to make the best decisions for their constituents, when the services that communities most value are provided through the wisest use of ratepayer dollars.

These reforms therefore aim to 'tune up' critical parts of the local government system, to improve the quality and level of both oversight and support that is provided to our local councils.

From the start, the local government reform program has focused on four key areas where it was clear that improvements to the practice and the system of local government is needed.

These areas are—

Stronger council member capacity and better conduct—helping our council members to perform their roles to the best of their ability, and ensuring that the right measures are in place to deal with conduct issues when they arise.

Lower costs and enhanced financial accountability—enhancing financial accountability and improving efficiency within the local government sector by delivering greater confidence in council audits, improving council decision-making, financial reporting, and making information about council financial performance more accessible to both council members and communities.

Efficient and transparent local government representation—improvements to an election process that is fair, transparent, run independently, that provides the right information at the right time, and encourages participation from potential council members and voters alike.

Simpler regulation—improvements to rules and regulations that seek to protect the interests of the community, by making sure that councils operate with transparency and accountability, and that their decisions and actions are, and are seen to be, in the public interest.

Before I detail reforms in these areas, I would like to take this opportunity to place on record my sincere thanks to the many people and organisations that have contributed to this Bill through reference groups, working groups, attending intensive reform sessions, by providing ideas for reform and making submissions on reform proposals, participating in consultation, or by generally making their ideas and views known to me and the Office of Local Government.

This has included consistent representation from the Independent Commissioner Against Corruption, the Ombudsman, the Auditor-General and the Electoral Commission of South Australia. I thank all of these bodies for sharing their knowledge and experience of our local government system.

Most particularly, I acknowledge the time and efforts of many in the local government sector that have provided considered ideas, suggestions for reform and comments on proposed reform.

This includes the Local Government Association, many individual councils and council mayors and members, council chief executive officers and professional organisations, particularly the Governance Policy Officers' Network, the Finance Managers' Group and the SA Local Government Auditors' Group. All have taken time from their busy work lives to contribute to, comment on—and improve—the reforms within this Bill.

Finally, I thank the Office of Local Government within the Department for Infrastructure and Transport, the Office of Parliamentary Counsel, and all public servants who have worked hard to deliver this Bill to the House.

I now turn to the key reforms in the four reform areas that I have outlined above.

The first of these reform areas is stronger council member capacity and better conduct. The reforms in this area respond to a clear need to improve the system that is in place to manage the conduct of council members when, from time to time, it does not meet the high expectations that people have of their local elected representatives.

The chief reform to this area is a new approach to the definition of conduct matters within the Local Government Act. The Bill proposes that Chapter 5 Part 4 of the Act will make a clear distinction between council member behaviour and council member integrity.

This will assist councils, council members and members of the public to better understand what matters are poor behaviour that should be dealt with at a council level in the first instance, and what matters could affect the integrity of a council member's decisions, and should therefore be dealt with by an independent body.

This more clearly delineated approach will replace the current general approach to conduct, and the Code of Conduct in regulations. While the Minister will have the ability to publish Behavioural Standards to be observed by members of council, it is not anticipated that these will be as prescriptive as the current Code. Additionally, councils will have the ability to determine their own policies that they, as a group of elected representatives, think will support appropriate behaviour.

Integrity matters will also be clearly spelt out in the Act, rather than being split between the Act and the Code of Conduct. These include conflict of interest, proper management of confidential information, and of gifts and benefits. This last matter has also been significantly simplified from the current provisions within the Code of Conduct, with an expectation that council members can use their judgement to determine what is appropriate to accept, rather than following more prescriptive provisions in the regulations.

While the Bill makes a clear distinction between integrity matters and behavioural matters, it also recognises there needs to be a better way to deal with poor behaviour that is repeated, despite a council's best effort to change it, or that is sufficiently serious to pose a risk to health and safety or to a council's proper functioning.

To deal with these issues, the Bill creates a 'Behavioural Standards Panel'. This will consist of three suitably qualified people, appointed by the Minister and the Local Government Association that will consider complaints lodged by councils about repeated or serious behavioural matters. The Bill provides the Panel with the flexibility to investigate and resolve these matters, so that this can happen quickly and effectively.

Importantly, the Bill also provides the Panel—and the Ombudsman, who retains a role in the investigation of integrity matters—with an expanded range of sanctions to apply if necessary, including the suspension of members.

The Bill also provides further tools for councils in managing behavioural issues or non-compliance with statutory requirements by council members by providing for council level suspensions in certain circumstances. These relate to a council member's non-compliance with requirements in relation to submitting returns for the register of interests, mandatory training, and to address a situation where there is an intervention order in place against a council member and the protected person is another member or a council employee.

Other reforms in this area include a simplification of the conflict of interest provisions, to assist council members to more easily determine when they have a conflict, and to deal with it appropriately. The Bill maintains the current approach in the Act that defines material conflicts—those where the matter on hand would result in a benefit or loss to the member, from less significant conflicts, but simplifies the definition of the latter from 'actual' and 'perceived' to a clearer 'general' conflict.

As is currently the case, members will be required to leave the room when they have a material conflict, but can make their own call as to whether they can remain for discussion and decisions on general conflicts. Members will still be required to manage general conflicts in a transparent and accountable way and to inform the meeting how they intend to deal with it.

I also now highlight some other significant reforms in this area.

One of them is in relation to the management of sexual harassment. The Bill includes an amendment to the Equal Opportunity Act 1984 to include council members as persons against whom it is unlawful for a council member to sexually harass. As is the case now for council officers and employees, this will enable other council members to lodge complaints with the Equal Opportunity Commission.

The Bill also includes an amendment to the Local Government Act 1999 to include a requirement for council chief executive officers to ensure that employees are protected from sexual harassment by members of the council or other employees and that appropriate processes exist for dealing with complaints of employees relating to sexual harassment. This simply clarifies the existing responsibilities for council CEOs to ensure that workplaces are safe from sexual harassment for all council employees.

No council employee or member should have to tolerate sexual harassment and should have easy recourse to appropriate avenues to address any instances that may occur.

The Bill also proposes a range of reforms to improve the relationship between a council and its chief executive officer, given the critical importance of this relationship to the proper functioning of a council. These reforms include a requirement for councils to receive and consider independent advice on the employment and management of a chief executive officer. The Bill also proposes that the South Australian Remuneration Tribunal should set salaries for council chief executive officers, to provide assurances to communities that CEOs are paid appropriately for the work that they do.

The second reform area is lower costs and enhanced financial accountability. These reforms are focused on improving the quality of information and advice that is provided to councils, their administrations and their communities. This advice is critical when councils are fulfilling their responsibilities to manage their financial position, and, most importantly, when they make a decision about the rates that their community will pay.

Councils will now be required to receive and consider advice from an independent body every three years on their long-term financial plans and revenue decisions over this period. The Essential Services Commission of South Australia (ESCOSA) will perform this function, unless another body is prescribed

This rate monitoring scheme has two key purposes.

The first is to support councils to make decisions relating to their annual business plans and budgets in the context of their ten-year financial plans and infrastructure and asset management plans. These plans are critical documents for councils, as they lay out how councils are proposing to manage their financial position and performance over the longer term. They should always be the foundation of decisions made by councils on their proposed revenue and expenditure each year.

Of course, councils do not have to implement what is set out in their long-term financial plans without variation. Circumstances change – as this year has shown more clearly than any other. It's important, though, that any material variations from a long term financial plan are made for good reason; that the impact of variations on the councils' financial position and performance are managed appropriately, and that variations are implemented in a way that addresses the impact they may have on their ratepayers.

The other purpose is to ensure that the decisions councils' make on financial contributions made by ratepayers to the provision of services and infrastructure—chiefly through council rates—is appropriate within the context of these long-term plans. Councils may be in a financial position where they could reasonably use their reserves, or other sensible financing means instead of rate increases, and ESCOSA's advice could be that they should do so. There is also a reasonable expectation that councils will seek to ensure value for money for their ratepayers through finding efficiencies rather than continually paying for increased costs through increased rates.

Because the rate monitoring system is based on councils' long-term financial plans and infrastructure and asset management plans, these existing documents will also be the basis of the information that is provided to ESCOSA. This will prevent the need to give ESCOSA the information it needs to provide high quality advice from becoming an administrative burden for councils.

Most importantly, all councils must include the ESCOSA advice in their draft annual business plans every year, and, if they are not implementing this advice, clearly explain to their communities why they are not.

This means that whenever a ratepayer is considering their councils' draft annual business plan, they will be able to see what this advice is and how their council is responding to it, while their council is consulting on its plan. This will give them the information they need to properly understand and engage with their councils on these critical decisions.

Councils must also include both the advice and their response in their final annual business plans, so their final decisions on these matters are also clear.

The intention of this reform is to give ratepayers greater confidence that the rates they pay are what is necessary for their councils to provide the services they value.

The other key source of advice for councils will be through an expanded role for their existing audit committees. The Bill proposes to extend the work of these critical bodies into 'audit and risk committees' to provide independent assurance and advice to the council on accounting, financial management, internal controls, risk management and governance matters.

To ensure the independence of this advice, the Bill requires that all audit committees consist of a majority of independent members. This is not a step that has been taken lightly. The Government is aware of some councils' concerns about the resource implications of replacing council members with independent members on their committees.

However, the Bill does provide councils with the capacity to form regional audit and risk committees (noting that it is, of course, open to councils to 'share' members through administrative arrangements without formalising a regional committee). I also draw members' attention to the fact that the requirement for audit and risk committees to have between three and five members will remain unchanged. Therefore, councils may choose to maintain a smaller committee to generate some cost savings.

Chiefly, however, the Government is of the view that engaging quality, independent, audit and risk committee members is a relatively small investment in an arrangement that is critical to providing councils and their communities with assurances that their council is managed in a financially appropriate and sustainable way.

Over the decade that audit committees have been in place, they have become an integral part of councils' management, relied on by both council bodies and their administration to be a source of support, sound advice, oversight and assurance. It is time to take the next step towards independent and skilled oversight.

Finally, in this reform area, I note the Bill's proposal that councils transition away from using site, or unimproved, valuations as the basis of their rating. Currently, only seven councils use site value as the basis of rating. The Bill proposes a consistent approach across the State. If passed, this will take some time for these seven councils to make this change, and anticipate that any commencement will therefore be delayed to enable a smooth transition to the new scheme.

The third reform area is efficient and transparent local government representation. Like all governments, councils are elected. Voters in local government elections choose who they want to represent them, to lead their communities, and to make decisions about the services that are provided to these communities, and how these services are delivered and paid for.

Every four years, periodic local government elections are held in South Australia, with a number of supplementary elections held across the intervening years, as needed. This cycle provides an opportunity for us to regularly review and improve local government elections, and, accordingly, this Bill puts forward a number of these improvements.

Along with amendments to elections timelines that specifically address postal voting, the Bill also proposes a greater role for the Electoral Commission of South Australia in the nomination process. It will become the single body to receive nominations and publish information on candidates and their disclosure of campaign gifts—all online. This will provide a more convenient, centralised service for both candidates and voters, with access to information ahead of the close of polls.

The Bill also introduces some new requirements for candidates to release information that is of critical interest to voters—any political or other organisational representation; whether they live in the area they are contesting, and large campaign gifts and donations that they receive (expected to be gifts that are more than $2,500 in value).

The Bill also includes changes to the supplementary election process, in response to concerns expressed by the sector that these were becoming an increasing burden, particularly when vacancies are created either soon after, or soon before, an election.

Where a vacancy has been created less than 12 months following a periodic election, the Bill provides removes the need to a supplementary election process and instead appoints the last excluded nominated person for that election, provided that they are both still eligible and willing to serve.

The Bill also provides to an improved process to manage supplementary elections that result from casual vacates during the term of a council. Where a second (or more) vacancy is created before the close of nominations in a supplementary election that is underway, the Electoral Commission of South Australia will be able to run that election to enable electors to fill the vacancies. If a vacancy is created after the close on nominations and up to 12 months from the end of a supplementary election, the Bill provides for the use of the well-support appointment of the last excluded person. As per the periodic election process discussed earlier, the last excluded person must be still be both eligible and willing to serve.

The Bill also extends the period immediately before a periodic election in which a supplementary election is not necessary for to a full twelve months, and allows those councils without wards and with more than 9 members to carry an additional vacancy.

Along with improvements to the election process the Bill also contains some two significant reforms to councils' representation itself. The first of these will be a requirement for all councils to consist of no more than 12 elected members. Currently, 14 of our councils have more than 12 members. Our largest council has 18 members, which, I note is not far off half of the numbers in this place where our entire State is represented.

The other change to councils' representative structure is a requirement for all councils to have a directly elected mayor. At this time, 15 councils elect a leader from within their own ranks. While this structure has served them well for many decades, it is now time for a consistent approach across the State that fully recognises the important leadership role of mayors, and provides all South Australians with an opportunity to directly vote for this critical position.

Finally, in this reform area, the Bill introduces restrictions on the display of electoral advertising posters, or 'corflutes', in response to a call from the local government sector for stronger regulation in the use of these signs. The Bill prevents a person from exhibiting a corflute on a public road, including any structure, fixture or vegetation on a public road, except in circumstances prescribed by the regulations, during a local government election.

At the LGA Annual General Meeting on 31 October 2019, councils requested the LGA to advocate for stronger regulation of corflute signs.

The LGA has stated that councils identified many problems with the use of 'corflute' election signs during recent Commonwealth, State and local government elections, including the loss of roadside amenity, diminished roadside safety, potential damage to roadside infrastructure, and the significant council resourcing required for enforcement.

Candidates in local government elections also have varying degrees of resources Many council candidates simply do not have the resources to print and display corflutes, and they should not be disadvantaged because of this.

Furthermore, ballot papers that are distributed to voters in local government elections include information on all candidates, and under the reforms in the Bill ECSA will manage a single, central website providing a much greater range information about each candidate. Voters do not have to see corflutes to understand who is standing in their elections.

Finally, the fourth reform area is simpler regulation. This reform program has provided an opportunity to look at the requirements that apply to councils in the Local Government Act, and ensure that they deliver public benefit with minimal impact on councils' resources. The Bill proposes real improvements to a range of council processes.

I understand that when the Act first commenced the requirement for councils to have public consultation polices was a novel concept. However, the Bill contains a more modern approach to community engagement that will see a single community engagement charter replace the current rigid public consultation requirements scattered throughout the Act that require councils to undertake the same specific, regulated processes regardless of the matter at hand.

The community engagement charter will be unpinned by good engagement principles. It will allow for a more flexible and principles-based approach to community consultation that can be tailored to what a council is consulting on. However, while it can set out principles and performance outcomes that are to apply, it can also specify mandatory requirements. I expect that the community engagement charter will establish these specific requirements when councils are considering their strategic planning, their rating policies and other important decisions.

The community engagement charter will be established by the Minister, but its development will be a collaborative effort with the LGA, councils and communities. The Bill also provides for Parliamentary scrutiny of the charter.

In line with a more streamlined approach to community engagement, the Bill also removes a large number of specific provisions throughout the Act that require a council to provide information to its community in a variety of ways. This multitude of specific requirements will be replaced by a single list of information and documents that a council must make available on its website.

Councils will be required to provide printed copies of this material on request and may charge a fee for doing so. This simplifies the management of council information while ensuring that members of the community who can't access material online can still access what they need in a way that is most practical for them

The Bill replaces 'informal gatherings or discussions' with a simpler scheme of 'information and briefing sessions'. These new sessions will enable councils to more easily discuss and better understand their business, but will also retain the expectation that these sessions cannot be used to obtain, or effectively obtain decisions that should be made in a public council meeting.

Councils will also need to let their communities know what they have met to discuss, and whether these sessions have been open to the public. The Bill strikes a balance between enabling council members to be well briefed and properly informed and making sure that critical decisions are debated and decided in an open chamber.

The Bill also establishes a much more effective process when a council is considering to remove the community land status of land. Currently, councils must seek the Minister's approval for all such proposals, regardless of their size and impact. Under the new scheme, only more significant proposals will require Ministerial approval. These proposals will include those instances where a council is proposing to sell or dispose of land that is currently used for a public purpose or as a community open space, where more detailed analysis and greater oversight is appropriate.

The Bill also allows the Minister to set conditions for these approvals, to ensure that the land is used for the purpose that a council has planned, particularly given the importance that this future use has on the decision regarding its approval.

The Bill will remove the current scheme that requires councils to provide permits for mobile food vendors and establishes detailed requirements for councils to maintain policies and location rules that apply specifically to these businesses. The Bill also clarifies the interaction of planning legislation and authorisations to alter public roads that are granted by councils.

The Bill will also simplify the registers of interest that council members must maintain. The process of submitting registers will be streamlined and registers will be required to be published online in full rather than only an extract of the register as is currently the case.

This responds to concerns that the current publication requirement is administratively burdensome. There will, of course, be an exemption so that councils are not required to publish residential addresses or any other suppressed address, to ensure that members' safety is not compromised.

In closing I note again the importance of this Bill to our councils and their communities. While it proposes many changes to councils and their operations, it is at its core an opportunity to provide the most important people in our local government system—our ratepayers and communities—with a greater sense of trust and confidence in our councils; through stronger support; greater consistency, accountability and transparency; and better value for money.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

The short title of the Bill is the Statutes Amendment (Local Government Review) Act 2020.

2—Commencement

Commencement is by proclamation. Section 7(5) of the Acts Interpretation Act 1915 is disapplied.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Local Government Act 1999

4—Amendment of section 3—Objects

The objects of the Act are amended.

5—Amendment of section 4—Interpretation

These amendments relate to various definitions and interpretative provisions for the purposes of the measure. Key definitions include behavioural standards, community engagement charter and integrity provision.

In relation to the definition of Commission—a reference in this Act to the Commission or the South Australian Local Government Boundaries Commission is a reference to the South Australian Local Government Grants Commission.

6—Amendment of section 6—Principal role of council

The provision relating to the principal role of a council is amended.

7—Amendment of section 7—Functions of council

The provision relating to the functions of a council is amended.

8—Amendment of section 8—Principles to be observed by council

The provision relating to the principles to be observed by a council is amended.

9—Insertion of section 11A

Section 11A is inserted:

11A—Number of members

A council must not be comprised of more than 12 members. Transitional provisions relating to the implementation of the maximum number of members are provided for.

10—Amendment of section 12—Composition and wards

Amendments relating to the representation report are included. Changes relating to public consultation on the representation report reflect the proposed establishment of the community engagement charter.

Certain amendments (including the deletion of subsections (11a) to (11d)) are consequential on the proposed amendment relating to councils only having a mayor as the principal member.

11—Amendment of section 13—Status of council or change of various names

The requirement relating to publishing a notice in a newspaper is deleted.

12—Amendment of section 26—Principles

See the change to the definition of Commission.

13—Amendment of section 44—Delegations

Power to delegate to a joint planning board is included.

The other amendment is a consequential inspection and publication amendment: a reference in this report to a consequential inspection and publication amendment is a reference to the amendments deleting various provisions in the Act relating to making documents available for inspection at council offices and for copies of the documents to be provided on payment of a fee. Instead, section 132 provides for publication and access to such documents.

14—Amendment of section 45—Principal office

This amendment is consequential on the establishment of the community engagement charter.

15—Amendment of section 48—Prudential requirements for certain activities

16—Amendment of section 49—Contracts and tenders policies

These amendments are consequential inspection and publication amendments.

17—Substitution of Chapter 4 Part 5

Chapter 4 Part 5 is substituted:

Part 5—Community engagement

50—Community engagement charter

The Minister must establish a community engagement charter for the purposes of the Act. The charter is modelled on the community engagement charter under the Planning, Development and Infrastructure Act 2016. It will relate to community consultation and participation with respect to any decision, activity or process where compliance with the charter is required by the Act, any other circumstance where compliance with the charter is required by the Act and may relate to any other circumstances, or provide for any other matter, determined by the Minister.

The charter will be published in the Gazette and on a website determined by the Minister and will be disallowable in the same way as a regulation is under the Subordinate Legislation Act 1978.

50A—Council community engagement policy

A council must prepare and adopt a community engagement policy relating to community engagement for the purposes of the Act.

The policy must be consistent with the charter and will relate to community engagement in decisions, activities or processes of the council.

18—Amendment of section 51—Principal member of council

These amendments relate to councils having a mayor as the principal member (rather than the option of a mayor or a chairperson).

19—Amendment of section 54—Casual vacancies

One amendment is consequential on new section 55A. Other amendments are technical.

20—Amendment of section 55—Specific requirements if member disqualified

A penalty is increased. The other amendments are consequential.

21—Insertion of section 55A

Section 55A is inserted:

55A—Leave of absence—council member contesting election

This section makes provision to deal with the situation where a member of a council stands as a candidate for election as a member of State Parliament—basically, the member will be taken to have been granted leave of absence from the office of member of the council from the date on which nominations for the election close until the result of the election is publicly declared.

22—Amendment of section 58—Specific roles of principal member

Provisions relating to the role of the principal member of a council are amended.

23—Amendment of section 59—Roles of members of councils

Provisions relating to the role of members of councils are amended.

24—Substitution of heading to Chapter 5 Part 4

The heading to Chapter 5 Part 4 is substituted.

25—Substitution of heading to Chapter 5 Part 4 Division 1

The heading to Chapter 5 Part 4 Division 1 is substituted.

26—Insertion of Subdivision heading

A heading to Subdivision 1 is inserted.

27—Amendment of section 62—General duties

Penalty provisions are deleted. Other amendments provide for certain integrity provisions (a defined term) that apply to council members—these are relevant to complaints against members under Chapter 13. Other amendments are consequential.

28—Repeal of section 63

Section 63, which provided for the Code of Conduct for members, is repealed.

29—Substitution of heading to Chapter 5 Part 4 Division 2

The heading to Chapter 5 Part 4 Division 2 is substituted with a Subdivision heading.

30—Amendment of Chapter 5 Part 4 Division 2

This amendment is consequential on the redesignation of this Division as a Subdivision.

31—Amendment of section 64—Interpretation

The deletion of the definition of return period is consequential.

32—Amendment of section 67—Form and content of returns

A penalty provision is deleted. The other amendment is technical.

33—Amendment of section 68—Register of Interests

Provision is made for suspension of a member for failure to submit a return for the purposes of the Subdivision. Disqualification by SACAT may follow if the suspension continues for a prescribed period.

34—Amendment of section 69—Provision of false information

A penalty provision is deleted.

35—Amendment of section 70—Publication of Register

Provision is made for the chief executive officer of a council to publish the Register on a website (except certain details).

36—Amendment of section 71—Restriction on publication

The penalty is increased.

37—Insertion of Chapter 5 Part 4 Division 1 Subdivision 3

Chapter 5 Part 4 Division 1 Subdivision 3 is inserted:

Subdivision 3—Gifts and benefits

72A—Register of gifts and benefits

The provisions relating to a register of gifts and benefits for members are inserted into the Act.

38—Substitution of Chapter 5 Part 4 Division 3

Chapter 5 Part 4 Division 3 is substituted:

Subdivision 4—Conflicts of interest

73—Preliminary

New Subdivision 4 provides for conflicts of interest as a Subdivision in substantially the same terms as much of the current Division, although certain changes are proposed. Certain requirements apply to general conflicts of interest, while other requirements apply to material conflicts of interest.

74—General conflicts of interest

75—Material conflicts of interest

75A—Exemptions and other matters

75B—Dealing with general conflicts of interest

75C—Dealing with material conflicts of interest

75D—Application of Subdivision to members and meetings of committees and subsidiaries

39—Insertion of Chapter 5 Part 4 Division 2

Chapter 5 Part 4 Division 2

Division 2—Member behaviour

75E—Behavioural standards

The Minister may establish standards of behaviour to be observed by members of councils. While Chapter 5 Part 4 Division 1 relates to member integrity, the behavioural standards will relate to member behaviour.

The behavioural standards will be published in the Gazette and on a website determined by the Minister and will be disallowable in the same way as a regulation is under the Subordinate Legislation Act 1978.

75F—Council behavioural support policies

A council may prepare behavioural support policies designed to support appropriate behaviour by members of the council.

A policy may specify directions relating to behaviour that must be observed by members of the council and set out guidelines relating to compliance by members with the behavioural standards.

Division 3—Health and safety duties

75G—Health and safety duties

Certain health and safety duties are imposed on council members, including the requirement to comply with any reasonable direction that is given by a responsible person (a defined term) for the purposes of ensuring that the member's acts or omissions do not adversely affect the health and safety of other members of the council or employees of the council. The duties are in addition to and do not limit the Work Health and Safety Act 2012.

40—Amendment of section 76—Allowances

The LGA is authorised to recover the reasonable costs incurred by the Remuneration Tribunal (which are payable by the LGA) under the section as a debt from relevant councils. Another amendment inserts 'the ratio of members to ratepayers' into the list in subsection (3). Other amendments are technical.

41—Amendment of section 77—Reimbursement of expenses

42—Repeal of section 78A

Section 78A is repealed.

43—Amendment of section 79—Register of allowances and benefits

These amendments are consequential inspection and publication amendments.

44—Amendment of section 80A—Training and development

These amendments relate to the training and development policy of councils and mandatory training and development for members. Significantly, a member of a council who fails to comply with the prescribed mandatory requirements, must be suspended from office, unless the member satisfies the chief executive officer that there were good reasons for the failure to comply. Provision is made in relation to suspensions and for an application to be made to SACAT for disqualification of the member if the suspension continues for a period of more than the prescribed period.

45—Insertion of Chapter 5 Part 7

Chapter 5 Part 7 is inserted:

Part 7—Other matters

80B—Suspension—member of council subject to intervention order

Provision is made for a member of a council to be suspended from office if the member is subject to an interim intervention order where a person protected by the order is another member, or an employee, of the council.

If a member of a council is subject to a final intervention order where a person protected by the order is another member, or an employee, of the council, the member is suspended from the office of member of the council (by operation of the provision). An application may be made to SACAT for disqualification of the member if the suspension continues for a period of more than the prescribed period.

46—Amendment of section 83—Notice of ordinary or special meetings

One amendment is technical. The other is a consequential inspection and publication amendment.

47—Amendment of section 84—Public notice of council meetings

These amendments relate to inspection and publication of the notice and agenda for council meetings.

48—Amendment of section 85—Quorum

A member of a council who is suspended from, or on leave of absence from, the office of member of the council is not to be counted in the total number of members of the council for the purposes of calculating quorum.

49—Amendment of section 86—Procedure at meetings

The presiding member is given certain powers relating to members who behave in an improper or disorderly manner or cause an interruption or interrupt another member who is speaking at a meeting.

Another amendment is consequential.

50—Amendment of section 87—Calling and timing of committee meetings

This amendment is technical.

51—Amendment of section 88—Public notice of committee meetings

These amendments relate to inspection and publication of the notice and agenda for council committee meetings.

52—Amendment of section 90—Meetings to be held in public except in special circumstances

The provisions relating to 'informal gatherings' are repealed (see below). A new basis for a confidentiality order is included.

53—Insertion of section 90A—Information or briefing sessions

New section 90A is inserted. It replaces the current provisions relating to 'informal gatherings':

90A—Information or briefing sessions

Provision is made in relation to a council or chief executive officer holding or arranging for the holding of an information or briefing session (not being a formal meeting of a council or council committee) to which more than 1 member of the council or a council committee are invited to attend or be involved in for the purposes of providing information or a briefing to attendees. The provision imposes certain requirements relating to such sessions.

54—Amendment of section 91—Minutes and release of documents

These amendments are consequential inspection and publication amendments.

55—Amendment of section 92—Access to meetings and documents—code of practice

These amendments are both consequential inspection and publication amendments and also consequential on the establishment of the community engagement charter.

56—Amendment of section 93—Meetings of electors

One amendment changes the requirement to give notice by advertisement in a newspaper circulating in the area to notice on a website. The other relates to councils only having a mayor as the principal member.

57—Repeal of section 94A

Section 94A is repealed (as a consequential inspection and publication amendment).

58—Amendment of section 97—Vacancy in office

These amendments relate to the termination of the appointment of a chief executive officer. One amendment provides that before terminating an appointment on a ground referred to in subsection (1)(a)(i), (iv) or (v) or (1)(b), a council must have regard to advice from a qualified independent person (which is defined).

59—Amendment of section 98—Appointment procedures

Certain amendments relate to the selection process for appointing a chief executive officer. The other changes the requirement to give notice by advertisement in a newspaper circulating in the State to notice on a website.

60—Amendment of section 99—Role of chief executive officer

Certain matters are added to the list relating to the role of chief executive officer.

61—Insertion of section 99A

Section 99A is inserted:

99A—Remuneration of chief executive officer

The Remuneration Tribunal will determine (from time to time) the minimum and maximum remuneration that may be paid or provided to chief executive officers of councils. The council will determine the remuneration (within that range). Other provisions relate to the jurisdiction, procedures and costs of the Remuneration Tribunal, as well as the ability of the LGA to recover its costs under the section from relevant councils.

62—Insertion of section 102A

Section 102A is inserted:

102A—Chief executive officer—performance review

Requirements relating to councils reviewing the performance of chief executive officers are provided for.

63—Amendment of section 105—Register of remuneration, salaries and benefits

These amendments are consequential inspection and publication amendments.

64—Amendment of section 107—General principles of human resource management

The amendment includes in the list of principles an additional principle relating to protecting employees from sexual harassment.

65—Substitution of heading to Chapter 7 Part 4

The heading to Chapter 7 Part 4 is substituted.

66—Substitution of heading to Chapter 7 Part 4 Division 1

The heading to Chapter 7 Part 4 Division 1 is substituted.

67—Insertion of Subdivision heading

A heading to Subdivision 1 is inserted.

68—Amendment of section 108—Interpretation

This amendment is consequential.

69—Amendment of section 109—General duty and compliance

Provision is made that an employee of a council must comply with the integrity provisions relating to employees (and disciplinary action may result in the event of a breach).

70—Repeal of section 110

Section 110, which provided for the Code of Conduct for employees, is repealed.

71—Amendment of section 110A—Duty to protect confidential information

The offence provision relating to protecting confidential information is amended consistently with the equivalent provision for members.

72—Substitution of heading to Chapter 7 Part 4 Division 2

The heading to Chapter 7 Part 4 Division 2 is substituted with a Subdivision heading.

73—Amendment of Chapter 7 Part 4 Division 2

This amendment is consequential.

74—Amendment of section 117—Provision of false information

75—Amendment of section 119—Restrictions on disclosure

Penalty provisions are deleted.

76—Insertion of Chapter 7 Part 4 Division 1 Subdivision 2A

New Subdivision 2A is inserted:

Subdivision 2A—Gifts and benefits

119A—Register of gifts and benefits

The provisions relating to the register of gifts and benefits for employees are relocated from the regulations into the Act.

77—Substitution of heading to Chapter 7 Part 4 Division 3

The heading to Chapter 7 Part 4 Division 3 is substituted with a Subdivision heading.

78—Amendment of section 120—Conflict of interest

Certain amendments are for consistency with the equivalent amendments for members, including the deletion of penalty provisions.

79—Insertion of Chapter 7 Part 4 Division 2

Chapter 7 Part 4 Division 2 is inserted:

Division 2—Employee behaviour

120A—Behavioural standards

A council may prepare and adopt employee behavioural standards that specify standards of behaviour to be observed by employees and provide for any other matter relating to behaviour of employees. Provision is made in relation to compliance with such standards and procedures for keeping the standards under review.

80—Amendment of section 122—Strategic management plans

Councils are required to prepare a funding plan.

Provision is made for a process of councils providing information on relevant matter (which is defined in the measure) relating to long-term financial plans and infrastructure and asset management plans to the designated authority and then receiving advice from the authority relating to the appropriateness of the relevant matters in the context of those plans (as well as advice on any other aspect of the long-term financial plans and infrastructure and asset management plans). The advice is required to be published by a council in its annual business plan. The designated authority is authorised to recover from a council its reasonable costs in performing its functions under this section in relation to the council.

Other amendments are technical. One relates to the establishment of the community engagement charter.

81—Amendment of section 123—Annual business plans and budgets

Certain amendments relate to procedures where a council proposes to make significant amendments from its draft annual business plan.

Another amendment relates to the establishment of the community engagement charter. Other amendments are technical.

82—Amendment of heading to Chapter 8 Part 3 Division 2

The heading to Chapter 8 Part 3 Division 2 is amended.

83—Amendment of section 125—Internal control policies

The policies, practices and procedures of internal financial control of a council (under section 125(1) of the Act) must comply with a standard or document (such as a model relating to financial controls) adopted by the regulations. Requirements for councils to have appropriate policies, systems and procedures relating to risk management are provided for.

84—Insertion of section 125A

Section 125A is inserted:

125A—Internal audit functions

A requirement for the chief executive officer of a council that has an internal audit function to consult with the relevant audit and risk committee before appointing a person to be primarily responsible for the internal audit function is provided for. That person must report directly to the audit and risk committee in relation to the internal audit function.

85—Amendment of section 126—Audit and risk committee

Key amendments relate to the membership of a council audit and risk committee, its functions and reporting requirements. One amendment provides for the purpose of an audit and risk committee.

86—Insertion of section 126A

Section 126A is inserted:

126A—Regional audit and risk committee

Provision is made for two or more councils to establish a regional audit and risk committee. Key amendments relate to the membership of a regional audit and risk committee, its functions and reporting requirements. One amendment provides for the purpose of a regional audit and risk committee.

87—Amendment of section 127—Financial statements

This amendment is a consequential inspection and publication amendment.

88—Amendment of section 128—Auditor

Requirements relating to a firm that has held office as auditor of a council for 5 successive financial years are imposed. Other amendments are consequential.

89—Amendment of section 129—Conduct of audit

90—Amendment of section 130A—Other investigations

These amendments are consequential.

91—Amendment of section 131—Annual report to be prepared and adopted

This amendment is a consequential inspection and publication amendment.

92—Insertion of section 131A

Section 131A is inserted:

131A—Provision of information to Minister

This section provides for councils to provide certain information to the Minister for publication by the Minister.

93—Amendment of section 132—Access to documents

Provision is made for councils to publish a document referred to in Schedule 5 on a website determined by the chief executive officer of the council and provide a printed copy on request (for a fee, if charged by the council). Other amendments are consequential.

94—Amendment of section 147—Rateability of land

This amendment is consequential on the amendments relating to rating on the basis of site value.

95—Amendment of section 151—Basis of rating

One amendments relates to rating on the basis of site value. Another amendment relates to the establishment of the community engagement charter. Other amendments are consequential inspection and publication amendments.

96—Amendment of section 153—Declaration of general rate (including differential general rates)

This amendment is consequential.

97—Amendment of section 156—Basis of differential rates

These amendments are all consequential on the establishment of the community engagement charter and the inspection and publication amendments.

98—Substitution of section 170

Section 170 is inserted:

170—Notice of declaration of rates

This is a consequential amendment relating to the giving of public notice.

99—Amendment of section 181—Payment of rates—general principles

100—Amendment of section 184—Sale of land for non-payment of rates

These amendments are technical or consequential.

101—Amendment of section 188—Fees and charges

This amendment is a consequential inspection and publication amendment.

102—Amendment of section 193—Classification

These amendments are all consequential on the establishment of the community engagement charter and the inspection and publication amendments.

103—Amendment of section 194—Revocation of classification of land as community land etc

Amendments are made to the process by which a council may revoke the classification of land as community land in accordance with this section. In particular, power is included for the Governor to make certain defined amendments to Schedule 8 (which provides for certain land to be community land) from time to time by regulation.

104—Insertion of sections 194A and 194B

New sections 194A and 194B are inserted:

194A—Revocation of community land classification requiring Ministerial approval—process

This section sets out the process for the revocation of any community land classification that requires Ministerial approval.

194B—Revocation of community land classification of other land—process

This section sets out the process for the revocation of any other community land classification.

105—Amendment of section 196—Management plans

106—Amendment of section 197—Public consultation on proposed management plan

107—Amendment of section 202—Alienation of community land by lease or licence

108—Amendment of section 207—Register

109—Amendment of section 219—Power to assign name, or change name, of road or public place

These amendments are consequential.

110—Amendment of section 221—Alteration of road

Amendments are made in relation to alterations of public roads approved as part of development authorisations under the Planning, Development and Infrastructure Act 2016.

111—Amendment of section 222—Permits for business purposes

The requirement that a council must grant a permit for a mobile food vending business is repealed.

Subsections (6a) to (6c) (to be inserted by the Planning, Development and Infrastructure Act 2016) are repealed.

112—Amendment of section 223—Public consultation

113—Amendment of section 224—Conditions of authorisation or permit

114—Repeal of section 224A

115—Amendment of section 225—Cancellation of authorisation or permit

116—Repeal of section 225A

These amendments are consequential.

117—Repeal of section 225B

Section 225B is repealed.

118—Amendment of section 226—Moveable signs

An offence relating to exhibiting an electoral advertising poster relating to a local government election on a public road (except in circumstances prescribed by the regulations) is provided for.

Other amendments are consequential.

119—Amendment of section 231—Register

120—Amendment of section 232—Trees

These amendments are consequential.

121—Amendment of section 234AA—Interaction with processes associated with development authorisations

These amendments are consequential.

122—Amendment of section 234A—Prohibition of traffic or closure of streets or roads

This amendment is technical.

123—Amendment of section 237—Removal of vehicles

These amendments are consequential.

124—Amendment of section 246—Power to make by-laws

One amendment increases the maximum penalty for breach of a by-law to $1 250. Other amendments are consequential.

125—Amendment of section 249—Passing by-laws

126—Amendment of section 250—Model by-laws

127—Amendment of section 252—Register of by-laws and certified copies

128—Amendment of section 259—Councils to develop policies

These amendments are consequential.

129—Insertion of Chapter 13 Part A1

Chapter 13 Part A1 is inserted and relates to behaviour of members (as opposed to integrity of members). Division 1 provides for councils to deal with allegations that a member of a council has contravened or failed to comply with Chapter 5 Part 4 Division 2 (the Ministerial behavioural standards and council behavioural support policies). Division 2 establishes the Behavioural Standards Panel. Provision is made for the Panel to inquire into and take action in relation to complaints referred to Panel. These complaints must relate to misbehaviour, repeated misbehaviour or serious misbehaviour (all of which are defined) by a member of a council and only certain persons and bodies may refer matters to the Panel. Provisions is made relating to the referral of matters to the Office of Public Integrity by a council or the Panel in certain circumstances.

Part A1—Member behaviour

Division 1—Council to deal with member behaviour

262A—Complaints

262B—Behaviour management policy

262C—Action

262D—Reasons

Division 2—Behavioural standards panel

Subdivision 1—Preliminary

262E—Preliminary

Subdivision 2—Behavioural standards panel

262F—Establishment and constitution

262G—Conditions of membership

262H—Acting member

262I—Meetings of Panel

262J—Remuneration and expenses

262K—Staff

262L—Validity of acts of Panel

262M—Costs

262N—Functions

262O—Delegation

262P—Annual report

Subdivision 3—Inquiries and action on complaints referred to Panel

262Q—Referral

262R—Proceedings of Panel

262S—Assessment

262T—Inquiries

262U—Powers relating to inquiries

262V—Dispute resolution

262W—Action

262X—Reports on inquiries

Division 3—Miscellaneous

262Y—Referral of complaint to OPI

130—Amendment of heading to Chapter 13 Part 1

The heading to Chapter 13 Part 1 is amended to reflect the fact that Part 1 is to relate to integrity of council members.

131—Repeal of section 263

This amendment is consequential.

132—Amendment of section 263A—Investigations by Ombudsman

These amendments relate to the fact that the Ombudsman will investigate matters that involve a contravention of, or failure to comply with, an integrity provision by a member of a council.

133—Amendment of section 263B—Outcome of Ombudsman investigation

Amendments are made to the powers of the Ombudsman following investigation of a matter.

134—Amendment of section 264—Complaint lodged with SACAT

These amendments provide that a complaint against a member of a council may be lodged with SACAT under this section on the ground of failure to comply with an integrity provision, misbehaviour, repeated misbehaviour or serious misbehaviour or for certain failures to comply with recommendations or orders of the Ombudsman or Panel. Consequential amendments are made to certain preconditions that apply before a complaint may be made.

135—Amendment of section 265—Hearing by SACAT

This amendment is consequential.

136—Amendment of section 267—Outcome of proceedings

Amendments are made to SACAT's power to make orders on a complaint. Another amendment is consequential.

137—Repeal of section 269

A spent provision is repealed.

138—Amendment of section 270—Procedures for review of decisions and requests for services

One amendment imposes a time limit for applying for a review under the section. A fee may be imposed on the application. Another amendment provides that no provision may be made under the section for a review of a decision of a council to refuse to deal with, or determine to take no further action in relation to, a complaint under Part A1 Division 1 by a person who is dissatisfied with the decision or relating to a recommendation of the Ombudsman under Chapter 13 Part 1.

139—Amendment of section 273—Action on report

The list of persons who may provide the Minister with a report on which action may be taken under the section is expanded to include the Behavioural Standards Panel and an administrator of a council. Other amendments are consequential.

140—Amendment of section 279—Service of documents by councils etc

141—Amendment of section 280—Service of documents on councils

These amendments are technical.

142—Amendment of section 303—Regulations

An amendment is made to the regulation making powers to include power to make savings and transitional regulations for the purposes of the measure.

143—Amendment of Schedule 1A—Implementation of Stormwater Management Agreement

144—Amendment of Schedule 2—Provisions applicable to subsidiaries

These amendments are technical or consequential.

145—Amendment of Schedule 3—Register of Interests—Form of returns

Various technical amendments are made to the requirements relating to the Register of Interests.

146—Amendment of Schedule 4—Material to be included in annual report of council

147—Amendment of Schedule 5—Documents to be made available by councils

These amendments are consequential.

148—Amendment of Schedule 8—Provisions relating to specific land

Schedule 8, clause 13(5), definition of Gawler Park Lands and Pioneer Park—delete the definition and substitute:

Gawler Park Lands means the whole of the land comprised in Certificate of Title Register Book Volume 6182 Folio 891;

Pioneer Park means the whole of the land comprised in Certificate of Title Register Book Volume 5846 Folio 672 and Volume 5846 Folio 673.

149—Insertion of Schedule 9

Schedule 9 is inserted:

Schedule 9—Suspension of members

The Schedule makes provision in relation to the suspension of members under various provisions in the Act.

150—Transitional provisions

Certain fundamental transitional provisions are included for the purposes of the measure.

Part 3—Amendment of Local Government (Elections) Act 1999

151—Amendment of section 4—Preliminary

This clause replaces the definition of public notice so that it has the same meaning as in section 4(1aa) of the Local Government Act 1999.

152—Substitution of section 5

This clause replaces the current provision dealing with how often periodic elections will be held and when voting will close with a provision that states that periodic elections will continue to be held at intervals of 4 years and that voting closes on the second to last, rather than last, business day before the second Saturday of November in 2022 and so on.

153—Amendment of section 6—Supplementary elections

This clause amends the circumstances in which a supplementary election will not be held to fill a casual vacancy such that a supplementary election will not be held if:

the vacancy occurs within 12 months before polling day for a periodic election or general election if the date of the polling day is known at the time the vacancy occurs; or

there are no more than 2 vacancies in a council of 9 or more offices (excluding the office of mayor) or there is only 1 vacancy in a council of less than 9 offices (excluding the office of mayor); or

the vacancy occurs within 12 months after the conclusion of a periodic election or designated supplementary election (which is defined) or after the close of nominations for but before the conclusion of a designated supplementary election, can be filled in accordance with section 6A and is not for the office of mayor or a member declared elected under section 25(1).

This clause also amends the circumstances in which a supplementary election must be held such that a supplementary election must be held if an additional vacancy occurs more than 12 months before polling day for a periodic election or general election if the date of the polling day is known at the time the vacancy occurs.

It also removes the provision stating that voting in a supplementary election will close at 12 noon on polling day and instead requires that a notice fix the time for voting to close.

154—Insertion of section 6A

This clause inserts section 6A into the Act.

6A—Filling vacancy in certain circumstances

This section allows a casual vacancy to be filled without a supplementary election where section 6(2)(c) applies by determining, in accordance with the regulations, the successful candidate in the most recent election or designated supplementary election for the relevant office to fill the vacancy and whether they are still willing and eligible to be elected and, if not, the next successful candidate and so on until the vacancy is filled.

155—Amendment of section 7—Failure of election in certain cases

This clause includes in section 7 of the Act that an election will be taken to have failed if, between the close of nominations and the close of voting, a nominated candidate becomes ineligible in accordance with section 17 and the election was to fill 1 vacancy or 2 or more candidates become ineligible.

156—Amendment of section 8—Failure or avoidance of supplementary election

These amendments relate to the appointment of persons where not all vacancies are filled in an election.

157—Amendment of section 9—Council may hold polls

The amendments in this clause require the council to fix a day as polling day for a poll by notice published on the council website, rather than in a newspaper circulating in its area, and change the time at which voting at a poll closes where the poll is being held in conjunction with an election to the time determined by the returning officer.

158—Amendment of section 13A—Information, education and publicity for general election

The amendments in this clause provide that councils must inform potential electors in their area of the requirement to apply to be enrolled on the voters roll in accordance with the community engagement charter (which has the same meaning as in the Local Government Act 1999).

159—Amendment of section 15—Voters roll

This clause amends section 15 of the Act as follows:

by allowing the Electoral Commissioner to supply the chief executive officer with a list of the persons who are enrolled as electors for the House of Assembly in respect of a place of residence within the area at any time; and

by removing the requirement that a copy of the voters roll provided to a nominated candidate be in printed form; and

by including an offence with a maximum penalty of $10,000 if a person uses a copy of the voters roll, or information in a copy of the roll, for a purpose other than the distribution of matter calculated to affect the result of an election or a purpose related to the holding of such an election.

160—Amendment of section 17—Entitlement to stand for election

This clause removes the concept of a prescribed person from section 17 and allows a person who is not the person designated to vote on behalf of a body corporate or group to be nominated to stand for election as a member of a council (subject to certain qualifications such as being above the age of majority and being an officer of the body corporate or a member of the group, or an officer of a body corporate that is a member of the group).

161—Amendment of section 19A—Publication of candidate profiles

This clause deletes the option for a nominated candidate to provide an electoral statement to the LGA, requires the returning officer, rather than the LGA, to publish each candidate's profile on the Internet and deletes the requirement for the returning officer to forward a copy of a candidate profile to the LGA.

162—Substitution of section 21

This clause substitutes section 21 of the Act.

21—Publication etc of valid nominations

This section requires the returning officer to provide a council with a list of all valid nominations relevant to the council's area and publish a list of all valid nominations on the Internet within 24 hours after the close of nominations.

163—Amendment of section 25—Uncontested election

Provision is made for declaring nominated candidates elected in a designated supplementary election where the number of candidates does not exceed the number of persons required to be elected.

164—Amendment of section 27—Publication of electoral material

This clause amends section 27 of the Act as follows:

by replacing the requirement that printed electoral material contain the address of the printer with a requirement that it contain prescribed information; and

by inserting a new subsection that excludes the requirement for the name and address of the person who authorises publication of electoral material to be contained in the material if the material is published on the Internet and the name and address of the person is immediately accessible by viewers of the material in accordance with any requirements prescribed by regulation; and

by inserting a new subsection that provides that a person is not taken to have published electoral material or caused it to be published if it is published by someone else on an Internet site or platform established or controlled by the person unless they directly or indirectly authorised its publication.

165—Amendment of section 28—Publication of misleading material

This clause inserts a new subsection into section 28 of the Act to provide that a person is not taken to have authorised, caused or permitted the publication of electoral material if it is published by someone else on an Internet site or platform established or controlled by the person unless they directly or indirectly authorised its publication. Provision is made for the Supreme Court to order withdrawal of inaccurate and misleading advertising from publication and for a retraction to be published (similar to the Electoral Act 1985).

166—Amendment of section 29—Ballot papers

This clause amends the time at which the drawing of lots is to be conducted to 4 pm or soon after on the day of the close of nominations in the case of a periodic election and 12 noon or soon after on the day of the close of nominations in any other case.

167—Amendment of section 31—Special arrangements for issue of voting papers

This clause removes the reference to 'personal' delivery of voting papers in section 31 and provides that voting papers may be delivered in printed or electronic form.

168—Amendment of section 35—Special arrangements for issue of voting papers

This clause removes the reference to 'personal' delivery of voting papers in section 35 and provides that voting papers may be delivered in printed or electronic form.

169—Substitution of heading to Part 9

This clause changes the heading to Part 9 from 'Postal voting' to 'Voting generally'.

170—Amendment of section 37—Postal voting to be used

This clause removes the requirement that delivery and collection of voting papers under Part 8 be personal.

171—Amendment of section 38—Notice of use of postal voting

This clause extends the time by which the returning officer must inform electors that voting will be conducted entirely be means of postal voting to at least 28 days, rather than 21 days, before polling day.

172—Amendment of section 39—Issue of postal voting papers

The time by which voting papers must be issued to voters on the roll is extended to 21 days before polling day and the time by which a person, body corporate or group whose name does not appear on the voters roll but who claims to be entitled to vote must apply to the returning officer for voting papers is extended to 5 pm on the seventh day before polling day.

173—Amendment of section 43—Issue of fresh postal voting papers

The current time frame for an application for the issue of fresh voting papers to be received by the returning officer is deleted and replaced with a requirement that such an application be received by the returning officer not later than 5 pm on the seventh day before polling day.

174—Amendment of section 47—Arranging postal papers

The current time frame for the returning officer to ensure that all voting papers returned for the purposes of an election or poll are made available is deleted and replaced with a requirement that this occur, in the case of a supplementary election or a poll held in conjunction with a supplementary election, as soon as is practicable after the close of voting and, in any other case, on the second day following polling day.

175—Amendment of section 48—Method of counting and provisional declarations

This clause inserts a new subsection into section 48 of the Act to provide that the method of distributing ballot papers in an election with 1 vacancy is the same as the method used when conducting an optional preferential count and provides that the method of distributing votes if a candidate becomes ineligible in accordance with section 17 between the close of nominations and close of voting is the same as if a candidate has died in that period.

176—Amendment of section 55A—Filling vacancy if successful candidate dies

This clause amends the method used to replace a successful candidate who has died between the close of voting at an election and the first meeting of the council after that election, where the election was to fill at least 2 vacancies and no other successful candidate has died, so that the returning officer determines, in accordance with the regulations, the successful candidate in the most recent election for the relevant office to fill the vacancy and whether they are still willing and eligible to be elected and, if not, the next successful candidate and so on until the vacancy is filled.

177—Amendment of section 57—Violence, intimidation, bribery etc

The definition of bribe in section 57 is amended to only apply to food, drink or entertainment the value of which is of or above the prescribed value.

178—Insertion of section 69A

This clause inserts new section 69A.

69A—Electoral Commissioner may lodge petition

This section allows the Electoral Commissioner to lodge a petition, signed by the Electoral Commissioner, in the Court of Disputed Returns to dispute the validity of an election on the basis of an error in the recording, scrutiny, counting or recounting of votes and disapplies certain provisions of section 70.

179—Amendment of section 70—Procedure upon petition

This clause changes the wording in section 70(1)(b) of the Act from 'to which the petitioner claims to be entitled' to 'which the petitioner seeks'.

180—Amendment of section 73—Illegal practices and orders that may be made

This clause inserts 2 new subsections into section 73 of the Act which allow an election to be declared void on the ground of the defamation of a candidate or on the ground of publication of misleading material if the Court of Disputed Returns is satisfied, on the balance of probabilities, that the result of the election was affected by the defamation or publication of the material.

181—Substitution of section 80

This clause substitutes section 80 of the Act.

80—Returns for candidates

This section provides that a candidate for election must furnish to the returning officer a campaign donations return and large gifts return in a form and manner determined by the returning officer and within certain time frames.

182—Amendment of section 81—Campaign donations returns

This clause amends section 81 as follows:

by removing the exception that information about a registered industrial organisation need not be included in a campaign donations return when a gift is made on behalf of the members of such an organisation; and

by providing that a gift disclosed in a large gifts return need not be included in a campaign donations return; and

by deleting subsection (3) (the contents of which is to become section 81B and apply to both campaign donations returns and large gifts returns).

183—Insertion of sections 81A and 81B

This clause inserts sections 81A and 81B.

81A—Large gifts returns

This section provides that if a candidate for election receives a gift or gifts from a person during the disclosure period, the total amount or value of which is more than the prescribed amount, the candidate must furnish a return to the returning officer. It also sets out the information that must be included in the return and states that such a return need not be furnished in respect of a private gift made to the candidate.

81B—Disclosure period etc for returns

This section sets out provisions relevant to campaign donations returns and large gifts returns (that are currently in section 81(3) of the Act) such as the disclosure period for the returns, when a candidate is a 'new candidate' and when a gift is a 'private gift'.

184—Amendment of section 82—Certain gifts not to be received

This clause amends section 82(3)(b)(i) of the Act to remove the words ', other than a registered industrial organisation'.

185—Amendment of section 83—Inability to complete return

This clause amends section 83 of the Act so that the reference to the 'chief executive officer' becomes a reference to the 'returning officer'.

186—Amendment of section 84—Amendment of return

This clause amends all references to the 'chief executive officer' in section 84 of the Act to the 'returning officer'.

187—Amendment of section 86—Failure to comply with Division

This clause amends section 86 of the Act so that the reference to the 'chief executive officer' becomes a reference to the 'returning officer' and moves text in brackets in subsection (3) to a note.

188—Amendment of section 87—Public inspection of returns

This clause amends section 87 of the Act to require the returning officer, rather than chief executive officer of a council, to keep at their principal office, and publish on a website after a certain period of time, returns furnished under Part 14 Division 1. It also removes the entitlement of a person to inspect a return at the principal office of a council or obtain a copy of a return for a fee.

189—Amendment of section 89—Requirement to keep proper records

This clause amends the reference to the 'chief executive officer of the council' in section 89 to 'returning officer'.

190—Amendment of section 91A—Conduct of council during election period

This clause moves the requirement that a caretaker policy must prohibit allowing the use of council resources for the advantage of a particular candidate or group of candidates during the election period from the definition of designated decision to subsection (2).

191—Amendment of section 93—Regulations

This clause amends the regulation-making provision to allow the regulations to provide that the Electoral Commissioner or a prescribed authority have the discretion to determine, dispense with, regulate or prohibit a matter or thing.

Part 4—Amendment of City of Adelaide Act 1998

192—Amendment of section 4—Interpretation

This clause inserts definitions of default person, eligible person and nominated person into section 4 of the Act.

193—Amendment of section 20—Constitution of Council

This clause removes the prohibition on a person holding office as Lord Mayor for more than 2 consecutive terms.

194—Amendment of section 21—Lord Mayor

This clause inserts additional roles into the list of the roles of the Lord Mayor as principal member of the Council. Other amendments are technical for consistency with the equivalent provision in the Local Government Act 1999.

195—Amendment of section 22—Members

This clause inserts additional roles into the list of the roles of a member as a member of the governing body of the Council. Other amendments are technical for consistency with the equivalent provision in the Local Government Act 1999.

196—Amendment of section 24—Allowances

These amendments are technical for consistency with the equivalent provision in the Local Government Act 1999.

197—Amendment of section 27—Role of chief executive officer

This amendment is technical for consistency with the equivalent provision in the Local Government Act 1999.

198—Amendment of Schedule 1—Special provisions for elections and polls

This clause amends Schedule 1 of the Act as follows:

by ensuring consistency with the amendments to the Local Government (Elections) Act 1999; and

by providing for a scheme for bodies corporate and groups to nominate a person to vote on their behalf or, if no nomination is made, for the Council to nominate a default person to vote on behalf of a body corporate or group.

Part 5—Amendment of Crown Land Management Act 2009

199—Insertion of section 20A

Section 20A is inserted:

20A—Revocation of dedicated land classified as community land

This section sets out that if the dedication of land is revoked under section 19 or the land is withdrawn from the care, control and management of a council under section 20 of the Crown Land Management Act 2009 the land is deemed not to be classified as community land under the Local Government Act 1999.

Part 6—Amendment of Equal Opportunity Act 1984

200—Amendment of section 87—Sexual harassment

The provision making it unlawful for a member of a council to subject to sexual harassment an officer or employee of the council is expanded to include another member of the council.

Part 7—Amendment of Independent Commissioner Against Corruption Act 2012

201—Amendment of section 5—Corruption, misconduct and maladministration

This clause sets out related amendments in connection with the behavioural standards, behavioural management policies, behavioural support policies and the employee behavioural standards (as proposed to be introduced into the Local Government Act 1999 under the measure. A provision relating to the integrity provisions under the Local Government Act 1999 being taken to be a code of conduct for the purposes of the Independent Commissioner Against Corruption Act 2012 is provided for.

Part 8—Amendment of Planning, Development and Infrastructure Act 2016

202—Amendment of section 83—Panels established by joint planning boards or councils

A member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 of the Planning, Development and Infrastructure Act 2016 while the member holds office as a member of a council (on the basis that they disclose interests under the Local Government Act 1999).

203—Amendment of section 84—Panels established by Minister

A member of a council appointed as a member of an assessment panel is not required to disclose their financial interests in accordance with Schedule 1 of the Planning, Development and Infrastructure Act 2016 while the member holds office as a member of a council (on the basis that they disclose interests under the Local Government Act 1999).

Part 9—Amendment of Public Finance and Audit Act 1987

204—Amendment of section 4—Interpretation

205—Amendment of section 30—Obligation to assist Auditor-General

These amendments are consequential.

206—Amendment of section 32—Audit etc of publicly funded bodies and projects and local government indemnity schemes

The power to conduct audits and review are added to the existing powers of examination under the section. Certain amendments relate to confidentiality of documents. Other amendments relate to reporting on audits, reviews and examinations. Other amendments are consequential.

207—Amendment of section 34—Powers of Auditor-General to obtain information

This amendment is consequential.

208—Amendment of section 36—Auditor-General's annual report

These amendments are technical or consequential.

Part 10—Amendment of South Australian Local Government Grants Commission Act 1992

209—Amendment of section 19—Information to be supplied to Commission

Section 19(3) is made subject to any relevant provision of the Commonwealth Act or an instrument under that Act.

Debate adjourned on motion of Hon. I.K. Hunter.