Role of Councillors

The role of elected councillors, as part of the governing body of a council, is to:

Take an active part in reviewing matters before their council and debating issues and in councils’ decision making processes;
Review councils’ objectives and policies to ensure that they are appropriate for the local area; and to
Review councils’ resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery.

Councillors play a very important policy-making role, requiring the identification of community needs, setting objectives to meet those needs, establishing priorities between competing demands and allocating resources.

The policy framework and the strategic management plans endorsed by councils provide the direction for the ongoing management and operation of council activities.

The implementation of the plans and ongoing management and administration of council affairs is the responsibility of the Chief Executive Officer and staff. A councillor has no direct authority over an employee of council and no role in employing staff, except for employment of the Chief Executive Officer.

Councillors can only make decisions and act through a majority vote decision of the council or committee. Individual councillors do not have the authority to act or make decisions independently.

The role of a councillor as an individual elected member is to represent the interests of residents and ratepayers. This role requires them to provide community leadership and guidance, and to facilitate communication between the communities and councils. It is therefore expected that councillors will:

Attend council meetings (If a councillor is absent without leave for more than three consecutive meetings over more than 3 months, council is able to declare that seat vacant); and
Read and consider the agenda and reports before council meetings to be ready to constructively take part incCouncil debate.

All councillors present at a council meeting (other than the Mayor) must vote on every motion and amendment for decisions, unless the conflict of interest provisions apply. They cannot abstain from voting. The Mayor does not have a deliberative vote, but does have a casting vote if otherwise a decision is tied with equal numbers of Councillors for and against it. A Chairperson however, votes at the same time as other Council members, and has a deliberative vote but no casting vote.

Frequently asked questions about the role of councillors:

1) What standards of behaviour can I expect of Councillors?
2) What Council information do Councillors have access to?
3) What do I do if I have a complaint about a Councillor?
4) Are Councillors paid for the work they do?

1. What standards of behaviour can I expect of Councillors?

Councillors have a wide range of responsibilities including community leadership, representing electors and making decisions about community resources.

Councillors have a duty to act honestly and with reasonable care and diligence in undertaking their role and council business. They must not make improper use of the office of councillor or of information obtained through council to gain an advantage for themselves or anyone else, or to cause damage to their council.

Improper use of information or position is a criminal offence under both the Local Government Act 1999 and the Criminal Law Consolidation Act 1935 with a possible penalty of seven years in prison.
Complaints of a breach of this general duty should be made to the Minister for State/Local Government Relations or the Anti-Corruption Branch of the SA Police. Complaints can also be made under the Whistleblowers Protection Act 1993, which requires the identity of the complainant to be kept confidential unless it must be disclosed for the purpose of the investigation. Read more about complaints, grievances and review mechanisms...

There are also specific provisions relating to conflict of interest, registers of interests, codes of conduct, and election campaign donations, as follows.

Conflict of Interest

If a Councillor has a private interest in a matter before council or a Committee, the councillor is generally required to declare the interest and leave the meeting while the matter is debated and voted upon.

Breach of the conflict of interest provisions can attract a fine of up to $5,000 and disqualification as a member for up to five years.

Complaints of breach of these provisions should be made to the Minister for State/Local Government Relations. Complaints can be made under the Whistleblowers Protection Act. Read more about complaints, grievances and review mechanisms...
Note: Development Assessment Panels are governed by different rules under the Development Act and a different penalty structure.

Register of Interests

Councillors must register a list of his or her financial interests with council every year. The Register of Interests is open for inspection or purchase on written application to the Chief Executive Officer.

The failure of a councillor to lodge a return within three months of the end of the financial year automatically results in that member losing office, unless a court orders otherwise.

Code of conduct

Each council must adopt a code of conduct for its members and review the code annually. The code is available for inspection and purchase at the council office. Read more about complaints, grievances and review mechanisms...
Complaints of breaches of the code should be made to the council. The main sanctions for a breach of the code of conduct are a public reprimand by the council or loss of privileges.
Complaints that a Councillor has breached the code of conduct should be made to the Chief Executive Officer in the first instance.

Campaign donations

Each elected councillor (and all candidates for election to a council) must complete a campaign donations return within six weeks of the end of the election. The return lists all gifts of $500 or more, and is made available for public inspection and/or purchase at the council office.

Councillors who fail to lodge a return on time have committed an offence. Upon being notified of the offence, if the councillor fails to lodge the return within a further month, that member’s seat is automatically declared vacant.

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2. What council information do councillors have access to?

Councillors receive a range of reports and documents – for example attached to meeting agendas – in the course of carrying out their duties as a councillor.

Councillors, as well as the general public, also have rights to access some of a Council’s documents and additional rights under the Freedom of Information Act 1992.

Councillors have additional rights to:

Access documents relevant to the performance of their functions and duties through the Chief Executive Officer at any reasonable time and without charge;
Demand that any document relevant to a motion before council be tabled, before the motion can be voted on.

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3. What do I do if I have a complaint about a councillor?

Another section in this Guide provides answers to frequently asked questions about dealing with complaints against councils and councillors. Read more about complaints, grievances and review mechanisms...

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4. Are councillors paid for the work they do?

Councillors do not receive wages, but the Local Government Act 1999 provides for councillors to be paid an annual allowance to cover expenses related to carrying out their duties. Each council sets the annual allowance it will pay to its members, and the principal member (Mayor or Chairperson), as follows:

For councillors, the allowance may be between $1820 and $15000 plus travel and childcare expenses related to Council or committee meetings.
Councillors may also be reimbursed for other expenses related to Council or committee meetings
The principal member’s allowance may be up to four times the maximum councillors' allowance;
Members may choose not to receive an allowance or to receive an amount less than the total set by council.
Different minimum and maximum allowance limits apply to the City of Adelaide.

Councils are also able to pay further expenses incurred in the course of carrying out the duties of a council member, and provide some support and facilities such as computers and facsimile machines for council business.

A register of allowances and benefits is kept by the Chief Executive Officer of the council and is available for public inspection.

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