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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-09-17 Daily Xml
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Bills

Statutes Amendment (Local Government Elections Review) Bill

Introduction and First Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Local Government, Minister for Veterans' Affairs) (15:46): Obtained leave and introduced a bill for an act to amend the Local Government (Elections) Act 1999, the Local Government Act 1999 and the City of Adelaide Act 1998. Read a first time.

Second Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Local Government, Minister for Veterans' Affairs) (15:47): I move:

That this bill be now read a second time.

The bill I introduce today, the Statutes Amendment (Local Government Elections Review) Bill 2025, will amend the Local Government Act 1999, the Local Government (Elections) Act 1999 and the City of Adelaide Act 1998 to make a range of improvements to local government elections and participation in councils.

This bill is the culmination of a significant amount of public consultation both with the local government sector and the broader South Australian community. At the then minister's request, the Office of Local Government conducted statewide consultation to give the community an opportunity to provide feedback on a series of ideas and suggestions about how communities can better engage with their local councils through a council term, particularly at election time.

During this consultation period, 92 submissions were received directly, including submissions from 32 of South Australia's 68 councils and a sector-wide submission from the Local Government Association, and a further 406 surveys were completed on YourSAy, containing individual 54,000 comments.

Can I take this moment to thank my predecessor, the previous Minister for Local Government, the member for Stuart, for his leadership and particularly for his passion for the sector in bringing forth this important community-wide consultation. I also commend the member for Stuart, a former mayor himself, for his ongoing commitment and particularly for his advice and passion for the sector.

This bill and the culmination of the consultation that has been undertaken demonstrate the significant interest that communities have in their local governments. This bill is a result of the rich information provided from across South Australian communities. I thank all those who took the time to turn their minds to how community engagement with their local council could be improved.

A real challenge in the context of council elections is the ability for voters to understand who is running for council, what they stand for and even what kind of people they are. In the context of an election where 1,256 candidates stood for 184 contested positions in 2022, it can be difficult for information about candidates to reach voters. Voters are very dependent on the candidate profiles that are included in every ballot pack to help them make the important decision about who will represent them at the local government level for the next four years. I have subsequently consulted with the sector on the draft bill that I table today.

Additionally, recent findings from the Court of Disputed Returns in relation to the Central Ward of the City of Adelaide focused on activities relating to non-citizen voters exercising their entitlements as residents of an area. It appeared that these city residents were targeted for both enrolment and for the use of their ballot papers. Ultimately, these illegal practices resulted in the removal of four members of the City of Adelaide but also eroded the confidence that voters have in the integrity of these elections. This must be addressed.

This bill therefore proposes that all voters in South Australian council elections must be enrolled on the House of Assembly roll for South Australia. This is a change that reflects wider community expectations of who should vote in elections for all Australian governments, namely Australian citizens. It will also be delivered in a way that allows for the retention of the property franchise.

Voters in federal and state elections are Australian citizens. Simply to be a resident in the area, as is the current requirement for enrolment on a council's voter roll, is not enough. Elections for councils should be consistent with this approach. Voters who wish to use their property franchise entitlements must either apply to be placed onto the roll or, in the case of the City of Adelaide, are enrolled by the council. This creation of the supplementary roll is a separate process to the automatic enrolment of all residential voters on the Australian electoral roll. Groups and bodies corporate that express their voting rights in the local government election will be required to do so via the nomination of a natural person who is on the House of Assembly roll—that is, an Australian citizen.

Another critical matter for voters' information is the disclosure of campaign gifts and donations received by candidates. This bill includes significant changes to the current system for campaign donation returns and disclosures that will both be simpler for candidates to manage and require more active disclosure by:

applying the same system to all candidates, rather than making a distinction between incumbent and new candidates;

requiring all candidates to disclose donations received four months before the announcement of their candidacy or their nomination, whichever is sooner;

requiring all donations of $500 or more between nomination and the close of voting to be disclosed within five days;

removing the obligation for all candidates to lodge a nil return during the election period, to simplify the administration of the system for both candidates and the Electoral Commission of South Australia;

requiring all candidates to lodge a summary return, including a nil return, 21 days after close of voting, as a final declaration of what they have, or have not, received; and

changing the consequences of members' noncompliance with these requirements to a suspension, rather than a loss of office, to ensure that members of councils have made this information available without burdening their community with an expensive supplementary election where they have failed with their administrative tasks.

A system that is both easier to comply with, and that provides more information to voters when they need it the most, is a much needed improvement on an important part of elections.

The bill also includes a requirement for councils to hold a public meeting to which all candidates for contested elections in the area are invited to attend and speak, unless a council makes a resolution not to do so in the context of their mandatory caretaker policies, and their principal member publishes the reasons why they have not made this decision. This makes it clear that councils can hold these events in the interests of providing good information to voters, and they should at least seriously consider doing so.

This bill includes an amendment to require councils to make a prescribed amount of funding available for reimbursement to all members who claim for expenditure on printing materials that are necessary to support members' community engagement but which cannot include election campaign activities. This will mean that people can nominate to stand for their council with confidence that their ongoing engagement with their communities will be supported and necessary if they are elected.

The bill also includes the ability to trial an additional method of voting, the establishment of pre-poll locations where voters could be issued ballot papers and vote in person at these locations during the last week of the voting period for a supplementary election over the next term of council. While this would require significant implementation if introduced for all councils, a trial will allow for the benefits of expanding methods of voting to be fully tested and evaluated. I also intend to amend the Local Government (Elections) Regulations 2025 to extend assisted telephone voting to all people with a disability, noting the successful use of this method to support voters with impaired vision.

Engaging people both as candidates and voters in elections is critical. However, ensuring the integrity of election processes is equally important, particularly at a time when there is greater focus on the security and integrity of our elections than ever before. A loss of trust in elections is very difficult, if not impossible, to restore once gone. That is why our government is acting now to give assurance that elections for South Australian councils will continue to run fairly and with the right framework in place.

Other measures to improve confidence in our local government elections in the bill include the introduction of standards of conduct for scrutineers, and offences with penalties for obstructing the exercising of electoral duties. The need to provide greater powers for electoral staff to manage the behaviour of scrutineers and other people who may interfere with election activities became apparent in the 2022 periodic elections, particularly in relation to the count for the elections for the City of Onkaparinga where the behaviour of scrutineers and associated people required police attendance. There is no room for abuse of staff and every worker, particularly those who work in our electoral system, deserves the right to be safe and feel safe in their workplace.

This is a recommendation from the Electoral Commissioner who has noted in the 2022 Council Election Report that currently South Australia is the only jurisdiction that does not have prescriptive provisions around the behaviour of scrutineers or the ability for electoral officers to remove scrutineers for disorderly behaviour. The clauses in the bill that deliver this important change have been modelled on provisions in the Electoral (Miscellaneous) Amendment Act 2024, as the Electoral Commissioner has also recommended.

The bill would also prohibit people and groups from misleading or deceiving electors in relation to how they should mark their ballot papers and/or exercise their vote, to bring council elections in line with similar rules in the Electoral Act 1985 and other election legislation across Australian jurisdictions.

Along with the improvements proposed in this bill, I intend to make regulations that will require all candidates for council declare if they have been the subject of an adverse finding from an independent integrity body, including the Behavioural Standards Panel, in relation to their time as a council member. These findings speak directly to the way in which that person has discharged their duties as a council member to date and should be brought to voters' attention. I also commit to undertaking significant consultation with the sector before these regulations are put forth.

The bill also includes a number of measures to improve the efficient delivery of local government elections. These include a requirement for the Electoral Commissioner to publish nominations for the election as soon as practicable to reduce instances of insufficient nominations in council elections. This bill will also ensure the roll is brought up to date three weeks after the roll close date, and therefore prior to nominations opening, to ensure the eligibility of people who nominate for elections can be assessed efficiently. I commend this bill to the house and seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Local Government (Elections) Act 1999

3—Amendment of section 4—Preliminary

A definition of State elector (meaning a person who is enrolled as an elector for the House of Assembly) is inserted for the purposes of changing to voting provisions.

Another amendment is consequential.

4—Amendment of section 5—Periodic elections

Polling day is changed to the third to last business day before the second Saturday November in each periodic election year.

5—Amendment of section 6—Supplementary elections

These amendments are technical.

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

Provision is made in relation to the failure of an election in certain cases.

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

This amendment is technical.

8—Amendment of section 10—The returning officer and deputy returning officer

Provisions relating to nomination of deputy returning officers by councils are deleted.

9—Amendment of section 14—Qualifications for enrolment

These amendments relate to the addition of the requirement to be a State elector in respect of the entitlement to enrolment for certain persons or bodies.

10—Amendment of section 15—Voters roll

One amendment lengthens the timeframe for bringing the voters roll up to date after the closing date for an election. The other amendment relates to the provision of copies of the voters roll to nominated candidates.

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

This amendment is consequential on the insertion of section 55B into the Local Government Act 1999.

12—Amendment of section 21—Publication etc of valid nominations

The number of valid nominations received for an election must be kept up to date on the Internet.

13—Amendment of section 25—Uncontested elections

Provision is made in relation to the time for a declaration in relation to an uncontested election to be made.

14—Amendment of section 29—Ballot papers

Provision is made in relation to the time for the drawing of lots for the purposes of ballot papers.

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

This amendment is related to the addition of the requirement to be a State elector in respect of the entitlement to enrolment for certain persons or bodies.

16—Insertion of section 41B

New section 41B is inserted:

41B—Trial of in person voting before polling day for supplementary elections

The regulations may provide for 'pre-poll voting' for supplementary elections during a trial period.

17—Amendment of section 47—Arranging postal papers

This amendment is related to the addition of the requirement to be a State elector in respect of the entitlement to enrolment for certain persons or bodies.

18—Insertion of section 62A

New section 62A is inserted:

62A—Maintenance of order at and near certain places

A provision substantially similar to the equivalent provision in the Electoral Act 1985 is proposed to be inserted.

19—Insertion of section 66A

New section 66A is inserted:

66A—Prohibition of advocacy of forms of voting inconsistent with Act

2 provisions that are substantially similar to the equivalent provisions in the Electoral Act 1985 are proposed to be inserted.

20—Amendment of section 69A—Electoral Commissioner may lodge petition

This amendment is technical.

21—Substitution of sections 80 to 81B

Certain sections relating to campaign donation returns are substituted.

80—Preliminary

This section provides for interpretative matters.

81—Special returns for gifts during certain period

Candidates for election are required to lodge returns for gifts received during the special disclosure period.

81A—Return for all gifts received during disclosure period

Candidates for election are required to lodge a return by no later than 28 days after polling day for an election for all gifts received during the disclosure period.

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

These amendments are related to the amendments concerning campaign donation returns.

23—Amendment of section 87—Public inspection of returns

This amendment is consequential.

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

This amendment deletes a spent provision.

25—Insertion of section 91B

New section 91B is inserted:

91B—Council to hold public meeting for general election except in certain circumstances

Councils are required to hold at least 1 meeting involving any candidates who wish to participate and members of the public prior to polling day for a general election, unless the council's caretaker policy provides otherwise in accordance with section 91B.

26—Amendment of section 93—Regulations

This amendment provides for the regulations to prescribe provisions of a savings or transitional nature.

Part 3—Amendment of Local Government Act 1999

27—Amendment of section 54—Casual vacancies

The amendments to section 54 are consequential on proposed new section 55B, which provides for a suspension for a member of a council who fails to submit a campaign donations return for all gifts received during the disclosure period for an election (if the failure continues for more than 1 months after the return is due).

28—Insertion of section 55B

New section 55B is inserted:

55B—Suspension of member for failure to submit certain returns

This section provides for a suspension for a member of a council who fails to submit a campaign donations return for all gifts received during the disclosure period for an election (if the failure continues for more than 1 months after the return is due).

29—Amendment of section 68—Register of Interests

Subsection (1b) is substituted for consistency with the equivalent provision in proposed section 55B.

30—Amendment of section 75—Material conflicts of interest

This amendment is consequential on the amendments relating to campaign donation returns.

31—Amendment of section 77—Reimbursement of expenses

This amendment provides for a member of a council to be reimbursed for expenses (not exceeding the amount prescribed by the regulations) incurred by the member in producing printed material (other than electoral material) necessary for engaging with the community in relation to local government matters.

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

This amendment is consequential.

33—Amendment of section 125A—Internal audit functions

This amendment is technical.

34—Amendment of section 226—Moveable signs

These amendments align the provisions relating to exhibiting a poster, notice or sign displaying electoral material relating to a local government election with the equivalent provisions for State elections.

35—Amendment of section 302B—Public health emergency

These amendments extend the provision to emergencies under the Emergency Management Act 2004 (in addition to public health emergencies).

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

This amendment is technical.

37—Amendment of Schedule 9—Suspension of members

This amendment is consequential.

Part 4—Amendment of City of Adelaide Act 1998

38—Amendment of section 4—Interpretation

The definitions of default person and eligible person are amended in connection with amendments to Schedule 1 that include the requirement to be a State elector in respect of the entitlement to enrolment for certain persons or bodies.

39—Amendment of section 25—Reimbursement of expenses

Section 25(1)—after paragraph (b) insert:

and

(c) reimbursement of expenses (not exceeding the amount prescribed by the regulations) incurred by the member in producing printed material (other than electoral material within the meaning of the Local Government (Elections) Act 1999) necessary for engaging with the community in relation to local government matters.

40—Amendment of section 38—Regulations

This amendment provides for the regulations to prescribe provisions of a savings or transitional nature.

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

The special provisions for elections and polls in Schedule 1 are amended so that they are consistent with the amendments to the Local Government (Elections) Act 1999 effected by the measure.

Debate adjourned on motion of Mr Telfer.

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