City of Adelaide Act 1998

The Act introduces several distinctive concepts that differentiate the governance of Adelaide from other South Australian councils. The Capital City Committee is an intergovernmental body, not a council committee, tasked with identifying strategic requirements for the City’s economic, social, physical and environmental development and with maximising coordination of public and private resources (section 10). It must publish agreed key strategies and monitor program implementation. The Committee’s Capital City Development Program requires endorsement by both the State Government and the Council before it becomes operative, but it is expressed as policy that does not derogate from either party’s ability to act independently and does not affect rights or liabilities (section 11(3)). The concept of the City of Adelaide community is defined broadly in section 4 to include everyone who lives, works, studies, conducts business in, or visits or uses the City’s services, facilities and public places. This expansive definition informs the Capital City Forum and the Council’s objectives (section 29).

The voters roll under Schedule 1 departs from standard local government enrolment. Natural persons may enrol as electors if they are enrolled for the House of Assembly in respect of a residence in the area, or if they are a State elector who is a sole owner ratepayer or a sole occupier ratepayer who is not a resident (Schedule 1 clause 2(1)(a)). Bodies corporate and groups of persons (natural persons, bodies corporate, or both) may enrol as ratepayers (clause 2(1)(b)-(c)). A critical concept is the default person for a body corporate or group: if the body corporate or group fails to nominate an eligible person to vote on its behalf by the relevant roll closing date, the chief executive officer must nominate, alphabetically, the first officer of the body corporate or the first member or officer of a member of the group who is a State elector (clause 3B). That default person then votes on the entity’s behalf unless the entity subsequently nominates a different eligible person within 21 days after the closing date (clause 3C). The concept of a nominated person (an eligible person nominated by the body corporate or group) and default person are distinct from each other but serve the same function: providing a single natural person to cast the entity’s vote. The Act also creates a mobility disclosure period concept for campaign donations: the special disclosure period begins four months before the earlier of the candidate’s announcement or nomination, and ends on polling day (clause 24(5)). A separate disclosure period for the overall return of gifts begins at the same time but ends 21 days after polling day (clause 24A(5)). The Act treats a gift as a disposition of property without adequate consideration, and includes the provision of services (excluding volunteer labour) for no or inadequate consideration (clause 22(1)). Two or more gifts from the same person to a candidate (excluding private gifts) are treated as one gift for disclosure purposes (clause 22(2)(a)).

The Act affects multiple distinct groups. The Adelaide City Council and its members (including the Lord Mayor) are directly governed by Part 3, which prescribes their roles, allowances, expense reimbursement, and facilities. The chief executive officer of the Council is subject to specific duties under section 27, including managing risk, reporting to the audit and risk committee, and ensuring the City’s role as capital is advanced. State Government ministers, particularly the Premier and any nominated Minister, sit on the Capital City Committee (section 7) and share administrative and staffing costs equally with the Council (section 14(3)). The Premier must table the Committee’s annual report in Parliament (section 16(2)). Ratepayers within the City of Adelaide are affected by the special enrolment and voting provisions. Natural persons who are ratepayers but not residents can enrol and vote (Schedule 1 clause 2(1)(a)(iv)), which is broader than the general local government regime. Bodies corporate and groups that are sole owners or sole occupiers of rateable property in the City are entitled to be enrolled and to vote through a nominated or default person (clauses 2(1)(b)-(c), 3A-3C). This directly affects businesses, incorporated associations, and property-owning entities. Candidates for election to the Council are subject to the campaign donation and expenditure disclosure regime in Part 8 of Schedule 1. They must furnish returns for gifts received during special and general disclosure periods (clauses 24, 24A), disclose joint campaign arrangements (clause 24B), and cannot receive gifts of $500 or more without knowing the donor’s name and address (clause 26). The maximum penalty for failing to furnish a return is $10,000 (clause 29(1)). The City of Adelaide community - a broad concept encompassing people who work, study, visit, or use the City’s facilities - is affected by the Capital City Committee’s functions, particularly the Capital City Forum which the Committee must convene to seek advice or share information (section 10(2)). State and national governments are indirectly affected because the Council must give due weight to regional, State and national objectives and coordinate service delivery (section 29(d)-(e)). The Remuneration Tribunal is tasked with determining council member allowances every four years, with submissions accepted from persons entitled to be enrolled on the voters roll and from the LGA (section 24(5)). The Electoral Commissioner supplies enrolment data and is entitled to recover a fee from the Council (Schedule 1 clause 3(12)). The public can inspect voters rolls (subject to address suppression for safety) and can access campaign donation and expenditure returns online (clauses 3(14), 31(2)). Finally, offenders who breach the Rundle Mall vehicle restrictions face a maximum penalty of $750 and an expiation fee of $105 (section 37A(2), (5)).

The Act imposes a range of duties and confers specific rights. The Capital City Committee must meet at least four times a year (section 12(1)), prepare a Capital City Development Program for Government and Council consideration (section 11(1)), monitor its implementation and revise it by the end of February each year (section 11(4)), and prepare an annual report by 31 October (section 16(1)). The Committee must convene a Capital City Forum (section 10(2)). The Adelaide City Council must include in its financial statements specific information showing expenditure on the Capital City Development Program and on its economic development program, expressed in actual terms and as a percentage of total expenditure (section 34(1)). It must also include in its annual report information on the relationship between its annual business plan, general revenue raising policies and expenditure policies (section 34(2)), and must furnish the Minister with additional information on this relationship upon request (section 34(3)). The Council must ensure copies of the voters roll are available for public inspection at its principal office without charge (Schedule 1 clause 3(14)). The Lord Mayor has duties as leader of the Council and as principal elected member, including providing leadership and guidance, promoting positive working relationships, liaising with the CEO, and carrying out civic and ceremonial duties (section 21). Council members must act with integrity, ensure constructive relationships, recognise the Lord Mayor’s role, participate in deliberations, review Council goals and resource allocation, and serve the overall public interest (section 22(1)). They have no direct authority over Council employees (section 22(4)). The chief executive officer must implement Council decisions, manage day-to-day operations, coordinate proposals, ensure assets are properly managed, maintain records, apply proper human resource management practices, establish risk management policies and systems, and report annually to the audit and risk committee on internal audit processes (section 27). The CEO is responsible for appointing, managing, suspending and dismissing other Council employees, consistent with strategic policies and budgets (section 28). Candidates must furnish special gift returns within five days of receiving a gift during the special disclosure period (Schedule 1 clause 24(2)), and must furnish a general return of all gifts within seven days after the disclosure period ends (clause 24A(2)). They must keep proper records for at least four years (clause 33). Members and candidates are prohibited from receiving a gift of $500 or more unless they know the donor’s name and address (clause 26). Bodies corporate and groups have the right to nominate an eligible person to vote on their behalf (clause 3A(3)). If they fail to do so, they receive a notice of any default person appointed and have a further 21 days to nominate an alternative (clause 3C). Members of the public may inspect campaign returns online within specified timeframes (clause 31). The Crown and the Council have a right of access to documents of the Capital City Committee, subject to confidentiality and conditions (section 18(3)-(4)).

The Act creates a range of criminal offences with fixed monetary penalties. Under Rundle Mall provisions, driving or allowing a vehicle on any part of the Mall other than in accordance with a Council notice or permit attracts a maximum penalty of $750, with an expiation fee of $105 (section 37A(2), (5)). Contravening a condition of a written permit carries the same penalty (section 37A(5)). In proceedings, an allegation that a person is the owner of a specified vehicle is taken to be proved in the absence of proof to the contrary (section 37A(8)), and if a vehicle is proved to have been driven or parked in contravention, it is presumed that the owner was the driver or person who left it there (section 37A(9)). Breach of a by-law made under section 37A carries a fixed penalty not exceeding $250 (section 37A(7)(e)). The Local Government Act 1999 applies to those by-laws as if they were made under that Act (section 37A(10)).

Under the campaign donation and expenditure provisions in Schedule 1, there are significant penalties. A person who fails to furnish a required return within time is guilty of an offence carrying a maximum penalty of $10,000 (clause 29(1)). Furnishing a return or information that is false or misleading in a material particular, knowing it to be false, also attracts a maximum penalty of $10,000 (clause 29(2)). Knowingly providing false or misleading information to another person who is required to furnish a return carries the same penalty (clause 29(3)). An allegation in a complaint that a specified person had not furnished a return as at a specified date is taken to be proved in the absence of proof to the contrary (clause 29(4)). If a candidate fails to submit a clause 24A return on time, the returning officer must notify the person by registered mail; if the return remains outstanding one month later and the person is a council member, the returning officer must send a copy of the notification to the chief executive officer (clause 30(2a)). Failure to comply with the Division does not invalidate the election (clause 30(3)).

For improper disclosure or use of voters roll information, using a copy of the voters roll or information contained in it for a purpose other than distributing matter calculated to affect the result of a local government election or a purpose related to the holding of such an election is an offence punishable by a maximum penalty of $10,000 (Schedule 1 clause 3(20)). A person must not make a statement that is false or misleading in a material particular in any information provided for enrolment purposes, with a maximum penalty of $10,000 (clause 2(10)).

The Act provides for recovery of unlawful gifts. If a person receives a gift of $500 or more without knowing the donor’s name and address, an amount equal to the value of the gift is payable by that person to the Crown and may be recovered as a debt in a court of competent jurisdiction (clause 26(4)). The Act also provides for redaction of default person details. The chief executive officer must redact the full name and date of birth of a default person from any copy of the voters roll available for public inspection or provided to any person other than the returning officer (clause 3(2a)).

The Act contains immunity provisions. A member of the Capital City Committee incurs no civil liability for an honest act or omission in the performance or purported performance of the Committee’s functions or powers. Any civil liability that would attach attaches instead to the Crown (for State members) or to the Adelaide City Council (for Council members) (section 7(5)-(6)). This protection extends to acts of deputies (section 9(4)). The Act does not itself create a general council misconduct regime; the code of conduct provisions formerly in Part 3 Division 7 were repealed by the Independent Commissioner Against Corruption Act 2012 (see legislative history). Instead, the Local Government Act 1999 now governs such matters.

The Act operates alongside the Local Government Act 1999 and the Local Government (Elections) Act 1999 under a comprehensive integration provision. Section 5(1) declares that the three Acts must be read together and construed as if they constituted a single Act. Section 5(2) provides that in the event of inconsistency, the City of Adelaide Act 1998 prevails. This means that the Act’s special provisions on council constitution, electoral enrolment, and campaign disclosure override the general framework. For example, Schedule 1 Part 2 (enrolment) substitutes for Part 4 of the Local Government (Elections) Act 1999 (clause 1(1)(a)). Part 3 (entitlement to vote) substitutes for Part 5 of that Act (clause 1(1)(b)). Part 8 (campaign donations) substitutes for Part 14 of that Act (clause 1(1)(e)). Similarly, sections 24 and 25 on allowances and expenses operate in place of the general provisions.

The Freedom of Information Act 1991 is expressly overridden in relation to Capital City Committee documents. Section 18(1) deems certain documents (those prepared for the Committee, preliminary drafts, copies, extracts, official records, and documents disclosing deliberation or decision information) to be exempt documents. However, documents that merely contain factual or statistical material not disclosing deliberation or decision information are not exempt (section 18(2)(a)), and the regulations may exclude further classes (section 18(2)(b)). The Crown and the Council retain a right of access, but this is subject to duties of confidence and any conditions the Committee imposes (section 18(3)-(4)). The Parliamentary Committees Act 1991 cannot be used to inquire into the functions or operations of the Capital City Committee (section 19).

The Act interacts with the Remuneration Act 1990 through section 24. The allowances determined under section 24 are taken to be in the nature of a fee under the definition of remuneration in that Act (section 24(4)), but sections 17 and 19 of the Remuneration Act do not apply to these determinations (section 24(10)). The reasonable costs of the Remuneration Tribunal in making determinations are paid by the LGA (Local Government Association of South Australia) under an arrangement, and the LGA may recover those costs as a debt from the Council (section 24(13)-(13a)). The Act also engages the Taxation Administration Act 1953 (Cth) in relation to the Pay As You Go system: amounts must be withheld from allowances if requested by a member (section 24(12a)).

The Planning, Development and Infrastructure Act 2016 is referenced in section 30(2)(c), which requires the Council to ensure consistency with any relevant state planning policy, the regional plan for Greater Adelaide (insofar as relevant to the City of Adelaide), and the Planning and Design Code. This binds the Council’s strategic planning exercise. The Act does not repeal or amend that statute but incorporates it as a standard.

The Act originally contained a code of conduct and register of interests regime in Part 3 Division 7, but that Division was deleted by the Independent Commissioner Against Corruption Act 2012 (see legislative history, Sch 3 cl 5). The transitional provision in that Act states that the Register of Interests maintained under the repealed Division is taken to be the Register under section 68 of the Local Government Act 1999, and information entered into it is taken to have been furnished under that Act (Sch 3 cl 7). Similarly, the repealed Schedule 2 (further code of conduct provisions) was deleted by the same amending Act. Thus the interaction with the Independent Commissioner Against Corruption Act 2012 ultimately resulted in the removal of the Act’s standalone code and the adoption of the Local Government Act’s regime.

The Occupational Health, Safety and Welfare Act, the Environment Protection Act, and other general statutory obligations are not mentioned in the Act but would apply to the Council and Committee as with any public body. The Act’s by-law-making power under section 37A for Rundle Mall expressly states that the Local Government Act 1999 applies as if the by-laws were made under that Act, ensuring consistency in enforcement and disallowance.

The Act has been amended extensively since its commencement in 1998. Key amendments include the following. The City of Adelaide (Rundle Mall) Amendment Act 1999 (Act 38 of 1999) inserted section 37A, which established Rundle Mall as a pedestrian mall and gave the Council vehicle regulation powers, and repealed the former Rundle Street Mall Act 1975. Transitional provisions preserved existing notices, permits, and by-laws. The Local Government (Implementation) Act 1999 (Act 64 of 1999) made numerous consequential amendments to align the Act with the new Local Government Act 1999 and Local Government (Elections) Act 1999, including substituting section 25 on expense reimbursement. The Statutes Amendment (Local Government Elections) Act 2005 (Act 35 of 2005) extensively overhauled electoral provisions, deleting large parts of Schedule 1 and inserting a new enrolment framework later superseded. It also amended section 20 on council constitution. The City of Adelaide (Representation Review) Amendment Act 2006 (Act 6 of 2006) inserted a temporary Part 2 into Schedule 1 regarding representation review, which expired on 10 November 2007. The Statutes Amendment (Council Allowances) Act 2009 (Act 66 of 2009) wholly substituted section 24 on allowances, introducing the current Remuneration Tribunal determination system. The Local Government (Elections) (Miscellaneous) Amendment Act 2009 (Act 50 of 2009) re-inserted Part 2 and Part 3 of Schedule 1 (enrolment and entitlement to vote) as they largely exist today. The Independent Commissioner Against Corruption Act 2012 (Act 52 of 2012) repealed Part 3 Division 7 (code of conduct and register of interests) and Schedule 2, shifting those matters to the Local Government Act 1999. The Local Government (Accountability and Governance) Amendment Act 2015 (Act 31 of 2015) made minor amendments to section 24. The Statutes Amendment (Planning, Development and Infrastructure) Act 2017 (Act 5 of 2017) amended section 30(2)(c) to reference the new planning legislation. The Statutes Amendment (Local Government Review) Act 2021 (Act 26 of 2021) made the most recent large-scale amendments, effective on various dates: on 20 September 2021 it amended sections 21 and 22 (roles of Lord Mayor and members); on 10 November 2021 it amended section 20(3) (deletion), sections 27, Schedule 1 clause 3, and inserted clauses 3A-3C and 24A-24B on nomination and donation transparency; on 30 November 2023 it amended section 27 (CEO functions further elaborated); and on 1 January 2026 (by proclamation) it inserted the default person and nominated person definitions, redaction requirements, and revised clause 18 (postal voting). The Statutes Amendment (Local Government Elections Review) Act 2025 (Act 63 of 2025) further amended the Act effective 1 January 2026, including changes to the default person definition, clause 2 enrolment qualifications, clause 3B (default person alphabetically selected), insertion of clause 3D (provision of information by Electoral Commissioner), and substitution of clauses 24, 24A, 24B (campaign donation returns and joint arrangements). The Act also inserted section 24(12a) on PAYG withholding from allowances, and a new section 38(3) allowing regulations of a savings or transitional nature.

The Act itself does not cite any judicial decisions, and no litigation history appears in the statutory text. The Act’s penalty and enforcement provisions would be enforced in the Magistrates Court or other relevant South Australian courts. The provision for recovery of unlawful gifts as a debt to the Crown (Schedule 1 clause 26(4)) would be actionable in a court of competent jurisdiction. The presumption in Rundle Mall proceedings that the vehicle owner is responsible (section 37A(8)-(9)) is a standard reverse-onus provision that could be challenged, but no case law is recorded in the Act. The Capital City Committee’s immunity from civil liability for honest acts (section 7(5)-(6)) would be relevant to any tort claims against the committee or its members. The Act’s interaction with the Freedom of Information Act 1991 might generate applications to the Ombudsman or the District Court regarding the exemption of Committee documents. However, given the Act’s age and the fact that it is a relatively circumscribed statute, there is no reported litigation history contained within the source. The amendment history notes that the Local Government Act 1999 now governs conduct and interest matters following the repeal of the Act’s own code, so any litigation on those matters would fall under the general local government regime. The Act’s electoral provisions, particularly the default person appointment, could theoretically be challenged on administrative law grounds, but no such challenges are catalogued in the Act.

Several provisions contain traps for the unwary. The FOI exemption for Capital City Committee documents (section 18) is broad. Any document prepared for submission to the Committee, even if never actually submitted, is exempt. The exemption covers preliminary drafts and official records. This severely limits public access to strategic planning documents unless they contain only factual or statistical material not disclosing deliberation or decision information. The default person system in Schedule 1 clause 3B is a significant risk for bodies corporate and groups. If a body corporate fails to nominate an eligible person by the roll closing date, the chief executive officer will nominate alphabetically the first officer who is a State elector. That person then votes on behalf of the entity unless the entity exercises its right to nominate a different person within 21 days after the closing date (clause 3C). The entity may not even be aware that an unwanted default person has been appointed, and the default person may not represent the entity’s interests. The voters roll will not show the default person’s name and date of birth on the public copy (clause 3(2a)), so the entity may not discover the appointment until after the election. The presumption of evidence for Rundle Mall vehicle offences is strict. If a vehicle is found on the Mall in contravention, the owner is presumed to have driven or parked it there (section 37A(9)). The owner bears the burden of proving otherwise. The same presumption applies to ownership: an allegation that a person is the owner of a specified vehicle is taken to be proved in the absence of proof to the contrary (section 37A(8)). This creates a reverse onus that may catch the owner of a vehicle that was stolen or used without authority. The non-invalidation of elections for failure to comply with campaign disclosure obligations (Schedule 1 clause 30(3)) means that even if a candidate fails to file required returns, the election result stands. The only direct consequence is a fine of up to $10,000 and, for a council member who fails to file the clause 24A return within one month of the due date, a notification to the Council’s CEO (clause 30(2a)). There is no power to disqualify the candidate or unseat the member. The birth date declaration on postal voting envelopes is not strictly enforced. The returning officer is not obliged to check the date of birth, and a vote may be admitted to the count even if the date is not declared or is inaccurately declared, unless the defect is sufficiently significant (clause 18(10)-(11)). However, an envelope where the voter does not appear to be a State elector must be rejected (clause 19(2)(a)(iv)). The nil return trap: if a candidate receives no gifts above $500 and incurs no campaign expenditure above $500, they still must lodge a nil return for both clause 24A (gifts) and clause 25 (campaign expenditure). Clause 24A(4) expressly requires that if no details are required, the return must be lodged and include a statement to that effect. Failure to lodge is an offence. The record-keeping obligation lasts four years after the return is required to be furnished (clause 33(2)). A person must take reasonable steps to keep all records relevant to completing a return. That obligation applies before the return is due, and failing to keep records is a separate offence punishable by a maximum penalty of $5,000. The one-capacity voting rule: a natural person may only vote in one capacity at an election or poll (clause 4(10)). This prevents a person who is both a resident ratepayer and a nominated person for a body corporate from casting two votes. However, the person may vote at two or more different elections held on the same day. The suppression of addresses is mandatory if the address is already suppressed on the House of Assembly roll (clause 3(4)); the CEO has a discretion for safety reasons. An applicant for address suppression cannot rely on mere preference; there must be evidence of risk to personal safety. Finally, the four-year period for the allowance determination cycle: if the Remuneration Tribunal fails to make a new determination within that cycle, the old allowances continue to be payable until the next election, but the consumer price index adjustment applies on the first, second and third anniversaries (section 24(8)-(9)). Members should not expect a new determination until after the election.

For the Adelaide City Council, compliance begins with strategic planning and financial transparency. Section 30 requires the Council to take reasonable steps to undertake or participate in strategic planning for its area and for the State more generally. The strategic plan must be consistent with state planning policy, the Greater Adelaide regional plan, and the Planning and Design Code. The Council must include in its financial statements specific information showing expenditure on the Capital City Development Program and on its economic development program (section 34(1)). Its annual report must explain the relationship between the annual business plan, revenue raising policies and expenditure policies (section 34(2)). The Council must also furnish additional information to the Minister upon request (section 34(3)). The Council should maintain an active relationship with the Capital City Committee, sharing administrative and staffing costs equally (section 14(3)). The Council must ensure that the voters roll is maintained accurately and that copies are available for public inspection (Schedule 1 clause 3(14)). For elections, the Council must provide the returning officer with sufficient certified copies of the roll (clause 3(16)). The chief executive officer must manage the entity nomination process by issuing notices to bodies corporate and groups at least seven weeks before the periodic election’s roll closing date (clause 3A(2)), and must appoint default persons if no nomination is received (clause 3B). The CEO must also redact default person details from public copies of the roll (clause 3(2a)). The CEO should also implement the risk management and audit committee reporting duties under section 27(ja)-(jb). For the Capital City Committee, compliance involves meeting at least four times a year (section 12(1)), preparing and monitoring a Capital City Development Program (section 11), convening the Capital City Forum (section 10(2)), and delivering an annual report by 31 October (section 16(1)). The Premier must table that report in Parliament (section 16(2)). The report on the operation of the collaborative arrangements was due by 30 June 2002 (section 17(1)), but that is a one-off requirement now spent. For candidates, compliance is heavily focused on campaign finance. Candidates must keep proper records of all gifts and campaign expenditure from the moment they contemplate running. The special disclosure period begins four months before the earlier of announcement or nomination (clause 24(5)). Any gift received during that period must be disclosed to the returning officer within five days (clause 24(2)). Gifts under $500 and private gifts are exempt from disclosure (clause 24(4)). The general gift return under clause 24A must be lodged within seven days after the disclosure period ends (i.e., 28 days after polling day). That return must detail the total value, number of donors, and specifics for each gift over $500. Joint campaign arrangements or understandings with other candidates must be notified to the returning officer within one business day (clause 24B). The campaign expenditure return (clause 25) must detail expenditure on broadcasts, journal advertisements, production, consultants, opinion polls and prescribed items. If total expenditure is $500 or less, a nil return suffices (clause 25(3)). Candidates cannot accept any gift of $500 or more unless they know the donor’s name and address. If a gift is received in violation, the amount is recoverable as a debt to the Crown (clause 26(4)). For bodies corporate and groups, compliance means nominating an eligible person to vote before the roll closing date (clause 3A(3)). The nomination form must be provided by the CEO. If a default person is appointed, the entity may still nominate a different person within 21 days after the closing date (clause 3C(2)). Entities should monitor notices from the CEO and respond promptly to avoid being represented by a default who does not reflect their interests. For members of the public, compliance with Rundle Mall restrictions is straightforward: do not drive or allow a vehicle to be on the Mall unless authorised by a Council notice or permit. The vehicle owner bears the burden of disproving responsibility if an offence is alleged. Public inspection of campaign returns is permitted under clause 31, but restrictions on publication apply: information must be a fair and accurate summary published in the public interest, and comment must be fair and without malice (clause 32). Contravention carries a $10,000 penalty.