

The Local Government system
Local Government is one of the three spheres of government in Australia, namely – Local, State and Commonwealth Governments.
As part of a responsible sphere of Government, Local Government councils have considerable discretion in exercising their powers and responsibilities, and in planning for the specific and diverse needs of their local communities. Councils are well placed to know and understand the views and aspirations of the local community and to influence - in a socially just and ecologically sustainable manner - what sort of place the Council area will be.
Currently, Local Government in South Australia is made up of 68 separate councils covering the metropolitan area of Adelaide and the more densely populated country areas. Each council is a different size, has a different number of people living in the area, and has different community facilities and public spaces.
The more remote areas where fewer people live are not within Local Government council boundaries. In some remote areas, certain local services are provided under arrangements with the Outback Areas Community Development Trust
So, how are councils formed, how do they operate, and how are they accountable? This chapter of this guide provides the answers to some of these frequently asked questions.
Frequently asked questions about the Local Government system:
1) What is a council?
Councils are made up of councillors who are elected at ‘periodic elections’ every four years or at ‘supplementary’ elections if a vacancy occurs during the four year period. They are chosen – through such elections – by the communities of specific areas to make decisions on behalf of those communities.
Sometimes the council area is divided into sections called wards (electoral districts) with ward councillors. In these cases, electors vote for representatives for wards rather than for the whole council area. Some areas have wards and area-wide councillors, formally called aldermen.
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751 Local Government positions were contested in the May 2003 council elections.
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Rules for who can vote, who can nominate as a candidate, and for the conduct of elections are set out in the Local Government (Elections) Act 1999. Read more about Elections and voting
The head of the elected council is usually known as the Mayor if elected by all voters in the area, or a Chairperson if chosen by councillors after the election.
Councillors are entitled to an annual allowance and reimbursement of expenses incurred in the course of carrying out their duties as a councillor. Councillors operate within a code of conduct , and are required to provide details of personal interests in a 'register of interst' and to declare any 'conflict of interest' relating to a matter before council. Read more about The role of councillors
All councils are required to conduct a review of representation at least once every eight years. That constitutes a review of a Council’s representative structure including whether the head member is elected by all the voters or chosen by councillors after the election, the number of councillors and whether the council has wards and how these are structured. Read more about Representation reviews...
2. How are Councils constituted in South Australia?
The Constitution Act 1934 (SA) – Part 2A section 64A provides a constitutional guarantee of continuance of Local Government in South Australia.
Local Government councils in South Australia are established by the Local Government Act 1999 (SA). This gives councils broad powers to make decisions and deliver services, without intervention from the State Government or the Minister for State/Local Government Relations except under exceptional circumstances.
Read more about review mechanisms ...
The Local Government Act also sets out provisions for the creation of a new council in an area where there is no existing council, and for changes to existing council boundaries. Read more about Representation reviews...
The Local Government (Elections) Act 1999 prescribes the requirements and processes for Local Government elections in South Australia. . Read more about elections and voting...
3) What are the laws that apply to councils?
The Local Government Act sets out the rules under which councils operate and make decisions including:
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How councils are established. Read more about establishing councils ...
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The roles, functions and objectives of councils. Read more about role, functions and objectives...
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How and when councils should meet. Read more about council decision making...
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The roles of elected members. Read more about the role of councillors...
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The role of the chief executive officer and staff. Read more about the CEO and staff...
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Measures to ensure councils are accountable to be their community. Read more about council accountability...
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How rates should be charged. Read more about council rating...
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How land under the care and control of Local Government is managed (community land and roads). Read more about community land ...
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How complaints about decisions of councils can be reviewed. Read more about review mechanisms ...
Councils also have a role in administering other laws, for example, laws relating to building and development, keeping pets and animals, public health and safety, and the environment. These various Acts giving councils certain powers include:
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Local Government Finance Authority Act (SA) 1983
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Development Act (SA) 1993
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Dog and Cat Management Act (SA) 1995
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Public and Environmental Health Act (SA) 1987
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Environment Protection Act (SA) 1993
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Food Act (SA) 2001
These Acts can be accessed from the Legislation section of the website of the Parliament of South Australia
4) What do councils do and how do they operate?
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Representing everyone in their communities, preparing strategic and management plans and making decisions about priorities for services and facilities in the area.
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Providing services for the well-being of people who live and work in their communities in an ecologically sustainable way, that is, striking a balance between social, environmental and economic priorities.
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Representing the interests of local communities to the wider community, including to State and Commonwealth Governments, about what needs to be done locally.
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Providing open, responsive and accountable government, and ensuring the available resources are used fairly, efficiently and effectively.
Employed staff provide advice to councillors, implement council policies, act on council decisions, and provide services, advice and information about Local Government to residents, ratepayers, and visitors to the area. Some staff are provided with certain delegated powers to make decisions and allocate funds on behalf of the council.
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Approximately 7 700 staff are employed by councils in South Australia.
The Chief Executive Officer of the council may also be called the town clerk, the district clerk, the city manager or some other similar title.
Councils may form committees to deal with some tasks, such as work related to development, finance, recreation, and young people, to manage council property, or to carry our a particular project. Councils determine who is on each committee and the reporting arrangements of the committee to the council. Some committees may have members who are not members of the Council . Read more about council decision making...
Committees associated with planning and development are constituted under the Development Act and are subject to different arrangements.
5) What services do councils provide?
Generally, councils do not provide health services, public housing, public transport, education, water and power supplies, policing, legal services, or social support services. State and/or Commonwealth Governments are usually responsible for providing these services, though there are exceptions in some cases such as immunisation services, community bus services, and aged care and accomodation.
All councils provide regulatory services within specific statutory responsibilities or powers, as follows:
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Land use planning and development and building control
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Fire prevention
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Dog and cat management and control
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Parking control
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Food and public health inspection
Other services are provided and work is carried out at the discretion of each Council as part of its general roles and functions under the Local Government Act, include the following:
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Road construction and maintenance
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Footpath construction and maintenance
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Street lighting
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Waste management and recycling
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Library and information services
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Stormwater drainage
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Care and maintenance of parks, ovals and sporting facilities
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Swimming pools and leisure centres
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Community facilities and halls
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Coastal care
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Local community and business directories
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Home and community care services for elderly people and people with a disability
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Tourism initiatives
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Crime prevention programs
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Wetlands and water resource management
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Promoting economic development.
6) How are council services funded?
Revenue also comes from State and Commonwealth Governments as either general-purpose grants or for specific purposes. For example, State grants help to run libraries and establish septic tank effluent disposal schemes. Commonwealth general purpose grants – known as ‘untied’ grants – are distributed to Councils through the South Australian Local Government Grants Commission.
Most Councils also work on local projects with regional, State and Commonwealth agencies. Examples include building walking trails, protecting and preserving history and heritage, building and maintaining tourist facilities, and arts and cultural facilities.
In addition, some councils undertake activities that provide profits from their operations, such as saleyards, caravan and car parks, and/or investment of surplus funds to generate income.
Generally speaking business activities run by councils must operate on a competitively neutral basis meaning they must not compete unfairly with private businesses.
7) How are councils accountable to their communities?
It is expected that councils will make decisions on behalf of their entire communities and balance a range of different interests and points of view. Therefore, the more people who actively participate in council matters, the more likely that council decisions will reflect the concerns and aspirations ofits whole community.
To support councils in their efforts to be accountable to their communities, several measures are set out in the Local Government Act, relating to:
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Council meetings being open to the public, and documents being available for inspection. Read more about access to meetings and documents...
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Preparing and adopting strategic management plans, budgets and reporting on performance in quarterly budget reviews and audited financial statements. Read more about the management framework...
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Rating policies Read more about Council rating...
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Annual reports. Read more about Annual reports...; and
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Public consultation processes.
Freedom of Information Act provisions also apply to councils. Each council has an appointed FOI officer, who can advise about what is required in making an FOI application. For further information visit the State Records, Freedom of Information website.
8) What do I do if I have a complaint?
Often complaints can be sorted out very quickly, either by providing information, clarifying what has happened, or finding out the reasons for a council action or decision.
If your initial enquiry does not resolve the matter, you can also ask for a formal internal review at the council office. However, if the matter is not satisfactorily resolved, further information is available in this Guide about other review mechanisms available to you. Read more about complaints, grievances and review mechanisms...
9) How can I get involved in Local Government?
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Vote in the Local Government Elections – Voting is voluntary and any Australian citizen over the age of 18 years has the right to vote.
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Go to council or committee meetings and listen to what is talked about and what decisions are being made.
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Get involved in public consultation events and have your say.
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Get to know your local elected councillor.
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Nominate as a candidate in Local Government council elections.
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Councils rely heavily on volunteers for many community activities. Contact your council for further information about how to get involved in these.
You can also contact the Local Government Association of SA to find out more about Local Government councils in general, and to access teaching and student resources.
10) What is the Local Government Association of SA?
The LGA provides a range of resources and information to support councils and councillors, as well as education and training materials for students and teachers.
For further information about the LGA visit www.lga.sa.gov.au
