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Legislation


Most Recent Legislative Initiatives

Local Government (Financial Management) Regulations 2011

New regulations affecting Local Government's financial management have come into operation. The Local Government (Financial Management) Regulations 2011 replace the similarly-named 1999 Regulations. They were published in the Government Gazette of 29 April 2011 and came into operation on 1 May 2011.

These new regulations update the 1999 Regulations by reflecting recent improvements in accounting practices and financial accountability mechanisms. Among the changes are:

  • To improve accountability and to help guide future decision-making, the new regulations provide that council members must be provided, annually, with a report showing actual financial results relative to the estimated financial results set out in the original adopted budget (the latter being the basis for council rating decisions).
  • To improve the integrity and transparency of disclosures and representations associated with financial statements, the new regulations also require a new form of certification. The council's Chief Executive Officer and Principal Member now must both certify the financial statements, and their certification must specify that:

    - the financial statments comply with the relevant legislation, and Australian Accounting Standards;

    - the financial statements present a true and fair view of the council's financial position, the results of its operations and its cash flows for the financial year; and

    - internal controls implemented by the council provide a reasonable assurance that the council's internal records are complete, accurate and reliable and were effective throughout the financial year.


Local Government (Members Allowances and Benefits) Regulations 2010 and City of Adelaide (Members Allowances and Benefits) Regulations 2010

On 14 January 2010, the Statutes Amendment (Council Allowances) Amendment Act 2009 ("the amending Act") commenced operation (Gazette 14 January 2010, p.51). The amending Act has made changes to the way elected member allowances are determined. Allowances will now be determined by the Remuneration Tribunal and will take effect from the conclusion of the November 2010 Local Government elections. Accordingly, new regulations are also required to support these changes.

The Local Government (Members Allowances and Benefits) Regulations 2010 and City of Adelaide (Members Allowances and Benefits) Regulations 2010 were gazetted on Thursday 11 November 2010 and came into operation on 15 November 2010.

The new regulations provide for administrative matters associated with the payment of elected member allowances and for the reimbursement of elected member expenses.

Local Government (General) Variation Regulations 2010

A third stage of the Local Government (Accountability Framework) Amendment Act 2009 (the Act) commenced on 15 November 2010 (to time with the conclusion of the Local Government elections on 12 November 2010). This stage of the Act consists of proclaiming the commencement of sections 4(1), 24(1), 35, 47, 48 and 50 and making of associated Local Government (General) Variation Regulations 2010 to update and improve the Local Government (General) Regulations 1999 as part of their revision. The Local Government (General) Variation Regulations 2010 made pursuant to the Local Government Act 1999 were gazetted on 11 November 2010 and came into operation on 15 November 2010.

The following matters are prescribed in the Variation Regulations:

  • Councils may not impose annual service rates on non-rateable land unless the service is actually made use of at the land.
  • A council may (but need not necessarily) impose fees and charges in lieu of expenses associated with the appointment of a 'conciliator', but must not seek to recover more than half the costs from the other party.
  • Before removing a vehicle that has been left in a public place for more than 24 hours, a council must use prescribed forms to issue warning notices and to notify the owner of the vehicle if the vehicle is removed.
  • The qualifications for 'responsible officers' for the purposes of the Whistleblowers Protection Act 1993 will be determined by the Minister.
  • A council's annual report must set out the number of confidentiality orders for the council and each council committee.
  • Forms 3 and 4 require council members to declare details of employment for the register of interests (for primary and ordinary returns).

Local Government (Cemetery) Regulations 2010

The Local Government (Cemetery) Regulations 2010 came into operation on 1 September 2010. The Regulations, which are subordinate to the Local Government Act 1934, were last reviewed in 1995 and were required to be remade by 1 September 2010.

The new Regulations include a small number of changes of a relatively practical nature. The key policy considerations were plain language disclosure statements for funeral arrangements, a wider choice of burial containuers, disposal of unclaimed memorials and expiation on penalties for driving and parking offenced within cemetery grounds.

Local Government (Elections) Regulations 2010 and City of Adelaide (Elections and Polls) Regulations 2010

The Local Government (Elections) Regulations 2010 and City of Adelaide (Elections and Polls) Regulations 2010 came into operation on 27 August 2010 and brought in additional requirements regarding forms, candidate profiles for posting voting ballot packs, the return of campaign donations and designated decisions. In particular, the Local Government (Elections) Regulations 2010 include a regulation relating to the conduct of a council during an election period and clarifies that a council can make certain decisions during a caretaker period including decisions:

  • to be eligible for, or under an agreement for, Commonwealth and State grant funding, contracts, arrangements and/or understandings (including expenditure decisions);
  • to carry out works in response to an emergency or disaster under the Emergency Management Act 2004 or under s298 of the Local Government Act 1999;
  • in relation to Community Wastewater Management Systems scheme contracts if the contract(s) have been approved by the council prior to the commencement of a caretaker period;
  • relating to the employment or renumeration of staff (other than the Chief Executive Officer);
  • to suspend a Chief Executive Officer for 'serious and wilful misconduct'; and
  • to conclude Enterprise Agreement (EA) negotiations that commenced prior to the start of a caretaker period (if such EA negotiations have been provided for in a council's budget.

Four Bills, relating to local government, were passed by Parliament in the 2009 Spring sitting.

The Local Government (Elections) (Miscellaneous) Amendment Act 2009 completed its passage through Parliament on 20 October 2009. It received assent on 5 November 2009, and came into operation on 21 December 2009. The Local Government (Elections) Act 1999 will include the amendments made by this Act. The changes are designed to improve voter participation rates for the November 2010 local government elections.

The Statutes Amendment (Council Allowances) Amendment Act 2009 completed its passage through Parliament on 1 December 2009. It received assent on 10 December 2009. The changes made by this Act will be incorporated into the Local Government Act 1999 and the City of Adelaide Act 1998. The changes require the Renumeration Tribunal to set (by September 2010) the level of council allowances that will apply after the November 2010 local government elections.

The Local Government (Accountability Framework) Amendment Act 2009 completed its passage through Parliament on 1 December 2009. It received assent on 10 December 2009, and will be brought into operation on a date or dates to be fixed by Proclamation. Most (if not all) of the provisions of this amending Act will be proclaimed to commence by the end of 2010, and will apply to councils that are elected in the November 2010 local government elections.

When the provisions from this Act are brought into operation, they will be incorporated into the Local Government Act 1999. This Act includes (among other things) provisions aimed at strengthening council audits, improving internal review of council decisions, and requiring the provision of information at the Minister's request. The provisions in this Act were derived from an "Accountability Proposals Paper" and a draft "Miscellaneous" Bill that were both distributed for comment in December 2008.

The Outback Communities (Administration and Management) Act 2009 completed its passage through Parliament on 1 December 2009. It received assent on 10 December 2009 and the Outback Communities Authority came into operation on 1 July 2010. This Act replaces the Outback Areas Community Development Trust Act 1978. It provides for an Incorporated body with enhanced responsibilities for overseeing the strategic management of, and business planning for the outback region.

Copies of the legislation can be found at the SA Legislation website www.legislation.sa.gov.au. 

 City of Adelaide (Representation Review) Amendment Act 2006

All councils are required to conduct a comprehensive representation review at least once in every eight years. The representation review for the City of Adelaide, which formerly had been due to commence in 2007, was brought forward by a year, and the Council's election was delayed by up to a year, by the City of Adelaide (Representation Review) Amendment Act 2006.

Local Government (Financial Management and Rating) Amendment Act 2005

The Local Government (Financial Management and Rating) Amendment Act 2005 introduced comprehensive changes aimed at improving accountability, flexibility, financial management and rating decisions by councils.

The Act received assent on 1 December 2005.  One section (dealing with the unrelated subject of accrued leave for trainees) came into operation on 1 January 2006.  Provisions permitting new flexibility in charging for community wastewater management systems (formerly STEDS) commenced on 1 July 2006.  All remaining provisions commenced on 25 January 2007, accompanied by supporting regulations.

The Minister for State/Local Government Relations has released a Circular that explains the key changes made by both the Act and the new sets of Regulations. Click here for details.

A copy of the amending Act can be found at the SA Legislation website www.legislation.sa.gov.au.

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Legislation

The following Acts, together with Section 64A, Part 2A of the Constitution Act 1934, establish the framework and system and operation of local governing bodies, and statutory authorities established for Local Government purposes. The following Acts are committed to the Minister for State/Local Government Relations:

Adelaide Show Grounds (Regulations and By-laws) Act 1929
City of Adelaide Act 1998 (Note: Part 2 dealing with the Capital City Committee has been conferred on the Minister for the City of Adelaide). Gazette Notice 23/3/06
Local Government Act 1934
Local Government Act 1999
Local Government (Elections) Act 1999
Local Government (Implementation) Act 1999
Local Government (City of Enfield Loan) Act 1970
Local Government (City of Woodville West Lakes Loan) Act 1970
Local Government Finance Authority Act 1983
Metropolitan Area (Woodville, Henley and Grange)
Drainage Act 1964
Outback Communities (Administration and Management) Act 2009
Private Parking Areas Act 1986
South Australian Local Government Grants Commission Act 1992
South-Western Suburbs Drainage Act 1959

In addition, the Roxby Downs (Indenture Ratification) Act 1982, committed to the Minister for Minerals and Resource Development, includes specific provisions for the administration of the Roxby Downs Council.)

These Acts and associated regulations can be accessed from the SA Legislation website

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Primary Acts and Regulations

The primary legislative framework for local government comprises three Acts of Parliament and six sets of regulations. These Acts came into operation on 1 January 2000.

The City of Adelaide is subject to a further Act and 2 sets of regulations.

The Acts and Regulations can be downloaded from the  SA Legislation website, or purchased from a Service SA counter in the Lands Title Office, 101 Grenfell St Adelaide, or ordered on 13 23 24.

Questions and answers about the framework and how councils work in it can be found in How Councils Work - A Guide to the Rules

To view the following acts and regulations please click here for the SA Legislation website.
This site provides an alphabetical listing of acts and regulations that you can search

LOCAL GOVERNMENT ACT 1999
Sets up the constitution and operation of the system of Local Government.

LOCAL GOVERNMENT (ELECTIONS) ACT 1999
Deals with the conduct of council elections and polls.

LOCAL GOVERNMENT (IMPLEMENTATION) ACT 1999
Facilitates the transition by councils from the 1934 Act to the 1999 Acts.

LOCAL GOVERNMENT ACT 1934
Contains provisions, not yet repealed or transferred following the introduction of the 1999 Acts.

LOCAL GOVERNMENT (ELECTIONS) REGULATIONS 2010
Prescribe the forms and associated information necessary for the conduct of elections and polls.

LOCAL GOVERNMENT (MEMBERS ALLOWANCES AND BENEFITS) REGULATIONS 2010
Fix the range of allowances and expenses payable to elected members.

LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) REGULATIONS 1999
Cover operational procedures and forms for budgets, financial reporting and audit of councils and subsidaries.

LOCAL GOVERNMENT (GENERAL) REGULATIONS 1999
Contain matters of operational detail, administrative process, forms and fees which are not covered in the more specific sets of regulations.

LOCAL GOVERNMENT (PROCEDURES AT MEETINGS) REGULATIONS 2000
Provide for the proceedings at Council Meetings.

LOCAL GOVERNMENT (IMPLEMENTATION) REGULATIONS 1999
Enable specified provisions of the 1999 Acts and Regulations to be phased in over a period of time, and also address specific practical matters.

LOCAL GOVERNMENT (CEMETERY) REGULATIONS 2010
Provide for the operation of cemeteries.

CITY OF ADELAIDE ACT 1998
Makes special provisions for governance in the City of Adelaide.

CITY OF ADELAIDE (MEMBERS ALLOWANCES AND BENEFITS) REGULATIONS 2010
Fix the range of allowances with expenses payable to elected members in the City of Adelaide.

CITY OF ADELAIDE (ELECTIONS AND POLLS) REGULATIONS 2010
Prescribe forms with associated information for the conduct of elections and polls in the City of Adelaide.

PRIVATE PARKING AREAS ACT 1986 - CODE
The updated Private Parking Areas Code was Gazetted on 2 October 2003 (page 3688) - the Government Gazette can be accessed on www.governmentgazette.sa.gov.au.

 

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