Council decision making
Primary responsibility for making decisions rests with the elected members as a group – the council. Councils may also delegate some decision-making responsibility, for example to committees, staff, and other authorised persons.
The Local Government Act 1999 provides for decisions to be made at council meetings, by committees and subsidiaries of councils, by the Chief Executive Officer specifically in relation to staffing matters, and by council staff – and other authorised people – through delegated powers from council.
The Development Act 1993 assigns statutory and regulatory responsibilities to councils, including Development Assessment Panel for the purpose of making decisions on development applications..
Frequently asked questions about how councils make decisions:
- How are council decisions made in council meetings?
- How do committees and subsidiaries contribute to council decision making processes?
- How does the Chief Executive Officer contribute to decision making?
- How are other council officers involved in council decisions?
- What part do Development Assessment Panels have in council decisions?
- What delegations and powers are set out in other legislation?
- How can members of the public apply to address council in a deputation?
1) How are council decisions made in council meetings?
Councils determine policy and make other decisions at council meetings on an ongoing basis. Policies and budgets endorsed by the council provide a framework for the provision of services and programs and for day-to-day operational decision-making. Provided a quorum is present, a decision is made by the votes of the majority of those councillors present at a meeting.
- A Mayor does not have a deliberative vote at council meetings but has a casting vote if there is a tied vote.
- A Chairperson has a deliberative vote, but no casting vote.
Individual elected members cannot make decisions nor give orders to staff. Their key role is to concentrate on policy as a group leaving day-to-day administration matters to staff.
2) How do committees and subsidiaries contribute to council decision making processes?
Councils can set up committees and subsidiaries to perform most of their powers and functions.
- Committees and subsidiaries can include or consist of people from outside councils.
- Committees are not separate legal entities and are subject to the same rules of public access to meetings as councils.
- Subsidiaries are separate legal entities and can use different rules for public access to meetings. Councils are ultimately liable for debts of a subsidiary.
Both committees and subsidiaries are subject to the Freedom of Information Act 1992 and members are subject to the same conflict of interest rules as elected members. Read more about standards of behaviour expected from councillors...
3) How does a council Chief Executive Officer contribute to decision making?
The CEO has sole responsibility for staff matters but must consult with council on changes in organisational structure. The CEO is generally accountable to council for staffing decisions and staffing matters through performance reviews under the terms of the employment contract.
4) How are other council officers involved in council decisions?
Councils can delegate powers for making most decisions, except for certain major decisions such as making by-laws, declaring rates, borrowing money, setting budgets and seeking approvals from the Minister. The use of delegated authority enables many routine matters to be dealt with promptly and efficiently.
- Delegation of authority is made at a council meeting by resolution, and is subject to the terms and conditions determined by the council or specified by Regulation.
- Delegations can be made to staff, authorised persons, committees and subcommittees, and to subsidiaries, regional subsidiaries and their committees.
- Councils may revoke delegations or act themselves in relation to any matter that would normally be acted upon under delegation.
The CEO may also delegate, or sub-delegate, powers or functions vested to the CEO by the Local Government Act 1999. A record of council delegations is available from councils.
5) What part do Development Assessment Panels have in council decisions?
Development Assessment Panels are separate bodies that all councils are required to establish under the Development Act. Councils decide what, if any, development applications will be considered and determined by the Panel.
Decisions made by the Panels are in accordance with the Development Act, and as such, they are not subject to the requirements or provisions of the Local Government Act.
- The rules applying to public access to meetings and documents, and to conflict of interest, are set out in the Development Act, and are different to the provisions of the Local Government Act.
- The Freedom of Information Act applies to Panel documents.
6) What delegations and powers are set out in other legislation?
Councils and council officers also obtain the power to make decisions under other Acts. This authority may either rest with the council or with a specific authorised officer. If the latter then any decisions are for the officer to make alone and they are not subject to the direction of the council when acting under that Act. If the former, the Act may set out the ability or not to sub-delegate such powers.
Appeal mechanisms are set out in the Development Act. Read more about complaint and review mechanisms...
Enquiries about Development Act matters should be directed to Planning SA
7) How can members of the public apply to address council in a deputation?
A deputation is one or more people permitted to represent a group before council or committee. Deputations are used to raise a particular issue or concern, or to voice a view on behalf of a particular group.
If you want to make a deputation to council or a committee, regulations require you to request the council – in writing at the council’s principal office – to allow a deputation.
The Chief Executive Officer will notify you of the outcome of your request as soon as reasonably possible.
The presiding member of the committee or council makes the initial decision. If that member refuses the deputation, the decision must be reported to the next meeting of the committee or council, and the committee or council can decide to hear the deputation. Council is also able to refer a deputation to a committee.
These rules may not apply in some circumstances, such as where council or a committee or a development panel is deciding a development application under the Development Act.
These processes are from regulation 12 of the Local Government (Procedures at Meetings) Regulations 2000. This can be accessed, along with other SA Acts and Regulations, from the Parliament of South Australia website.