1An appointment may occur under section 10 of this Act or section 8 of the Local Government (Elections) Act 1999.

1 An appointment may occur under section 10 of this Act or section 8 of the Local Government (Elections) Act 1999. 52—Councillors (1) The members of a council, other than the principal member, will be known as councillors. (2) A councillor will (depending on how the council is constituted)— (a) be appointed1, or elected by the electors for the area, as a representative of the area as a whole (whether or not the area is divided into wards); or (b) if the area is divided into wards—be appointed1, or elected by the electors of a particular ward, as a representative of the ward. 1 An appointment may occur under section 10 of this Act or section 8 of the Local Government (Elections) Act 1999. Part 2—Term of office and related issues Division 1—General issues 53—Term of office Subject to this Act, the term of office of a member of a council is a term expiring at the conclusion of the next general election held after his or her appointment or election as a member of the council. 54—Casual vacancies (1) Subject to this section, the office of a member of a council becomes vacant if the member— (b) resigns by notice in writing to the chief executive officer; or (c) is removed from office by the Governor on the ground of incapacity to carry out official duties satisfactorily; or (d) is removed from office by the council on the ground that he or she has been absent, without leave of the council, from three or more consecutive ordinary meetings of the council; or (e) becomes a member of an Australian Parliament; or (f) is declared bankrupt or applies for the benefit of a law for the relief of insolvent debtors; or (i) is convicted of an indictable offence punishable by imprisonment; or (j) becomes an employee of the council; or (k) is disqualified from office by an order of a court or SACAT under this Act. (2) If a member of a council stands for election to an office in the council other than the one presently held by the member, the latter office becomes vacant at the conclusion of the election. (2a) Subsection (2) does not apply if— (a) the member is standing for election to a casual vacancy in the office of mayor but is unsuccessful; or (i) the member is standing for election to a casual vacancy in another office but is unsuccessful; and (ii) the conclusion of the election falls within 12 months before polling day for— (A) a periodic election; or (B) a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy. (3) The resignation of a member takes effect on receipt by the chief executive officer of the notice of resignation or on a later date, not more than 14 days in advance, specified in the notice of resignation (but once the notice is received by the chief executive officer the resignation cannot be withdrawn). (5) If a member's office becomes vacant because the member has been convicted of an offence under subsection (1)(i), proceedings for a supplementary election to fill the vacancy (if required) must not be commenced until the period for appealing against the conviction has expired or, if there is an appeal, until the appeal is determined. (6) If the office of a member of a council becomes vacant under subsection (1), the chief executive officer must notify the members of the council at the next meeting of the council and give notice of the occurrence of the vacancy in the Gazette (but the members of the council need not be notified if the member is removed from office by the council). (7) A member's office does not become vacant by reason only of the fact that the member, after an election or appointment, ceases to be an elector for the area. (8) If a casual vacancy occurs in the office of mayor— (a) on or after 1 January of a year in which a periodic election is due to be held (and before polling day for that periodic election); or (b) within 7 months before polling day for a general election (other than a periodic election) (the date of that polling day being known at that time), a member chosen by the council may act in the office of mayor until the conclusion of the election. (9) The member chosen under subsection (8) may, but need not, be the deputy mayor (if any). (10) If a person is to be chosen under subsection (8) and the votes for 2 or more candidates are equal, lots must be drawn to determine which candidate or candidates will be excluded. 55—Specific requirements if member disqualified If a person— (a) at the time of election or appointment to the office of a member of a council is disqualified to hold that office (see section 267 of this Act or section 17 of the Local Government (Elections) Act 1999); or (b) holds office as a member of a council and becomes disqualified to hold that office (see section 54, 68, 80A, 80B or 267 of this Act), the person— (c) must immediately on becoming aware of the election or appointment, or of the existence of the disqualification (whichever is the later), deliver to the chief executive officer of the council a notice stating the fact of the disqualification (stating the grounds of disqualification); and (d) must not act in the office after becoming aware of the disqualification. 55A—Leave of absence—council member contesting election (1) If a person holding office as a member of a council stands as a candidate for election as a member of the Parliament of the State, the member will be taken to have been granted leave of absence from the office of member of the council from the date on which nominations for the election close until the result of the election is publicly declared. (2) Leave of absence under subsection (1) extends to all other offices held in the person's capacity as a member of the council or by virtue of being a member of the council. (3) Subsection (1) does not apply if the nomination of a member of a council as a candidate for election is revoked (as a result of the member's withdrawal of their consent to stand as a candidate). (4) Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council who is taken to have been granted leave of absence in accordance with this section is not entitled to receive any allowance in respect of the member's office, or reimbursement of expenses that the member would otherwise be entitled to under this Act, for the period of leave. (5) A person who is taken to have been granted leave of absence from the office of member of a council under this section must not, during the period of leave— (a) use any facility, service or other form of support provided by the council to its members to assist the members in performing or discharging official functions and duties (not being a facility, service or form of support generally provided to members of the public by the council); or (b) carry out any function or duty of the office of member of the council. (6) The following provisions apply during the period of the leave of absence of a member of a council to whom this clause applies: (a) the member is not required— (i) to submit a return for the purposes of the Register of Interests in accordance with Chapter 5 Part 4 Division 1 Subdivision 2; or (ii) if relevant, to notify the chief executive officer of a change or variation of a kind referred to in section 67(1), provided that, on the cessation of the suspension, the member— (iii) submits any return for the purposes of the Register of Interests that the member would, but for the suspension, have been required to submit in accordance with Chapter 5 Part 4 Division 1 Subdivision 2 during the period of suspension; and (iv) notifies the chief executive officer of a change or variation of a kind referred to in section 67(1) of which the member would, but for the suspension, have been required to notify the chief executive officer under section 67(1) during the period of suspension; (b) to avoid doubt, section 54(1)(d) does not apply to the member. 55B—Suspension of member for failure to submit certain returns (a) a member of the Adelaide City Council fails to furnish a return under Schedule 1 clause 24A of the City of Adelaide Act 1998 within the time required under that clause; or (b) a member of any other council fails to furnish a return under section 81A of the Local Government (Elections) Act 1999 within the time required under that section, the member is suspended from the office of member of the council on the first business day after the day on which notification of the member's failure to furnish the relevant return is sent to the chief executive officer under Schedule 1 clause 30(2a) of the City of Adelaide Act 1998 or section 86(2a) of the Local Government (Elections) Act 1999 (as the case requires). (2) Despite any other Act or law, or any determination of the Remuneration Tribunal, a member of a council suspended under subsection (1) is not entitled to an allowance or reimbursement of expenses, or any other facility, service or form of support, that the member would otherwise be entitled to under this Act or the City of Adelaide Act 1998, during the period of suspension. (3) If a member of a council is suspended under subsection (1), the chief executive officer of the council must, as soon as practicable, notify the member of the suspension under subsection (1). (4) If a member of a council suspended under subsection (1) for a failure to furnish a return subsequently submits the completed return to the Electoral Commissioner and the Electoral Commissioner is satisfied that the return complies with Part 14 of the Local Government (Elections) Act 1999 or Schedule 1 Part 8 of the City of Adelaide Act 1998 (as the case requires)— (a) the Electoral Commissioner must, as soon as is reasonably practicable after receiving the return, notify the chief executive officer of the relevant council of the receipt of the return; and (b) the suspension is taken to be revoked on the date on which the chief executive officer is notified under paragraph (a). (5) If a member of a council is suspended under subsection (1) for a continuous period of more than the prescribed period, the council must apply to SACAT for an order disqualifying the member of the council from the office of member under this Act. (6) If a member is disqualified under subsection (5), the disqualification extends to all other offices held in the member's capacity as a member of the council or by virtue of being a member of the council. Division 2—Special provisions if majority of members resign on specified grounds 56—General election to be held in special case (a) the membership of a council falls below the prescribed number (a prescribed occurrence); and (b) the prescribed occurrence occurs— (i) before 1 January of the year in which a periodic election is next due to be held; or (ii) more than 7 months before polling day for a general election (other than a periodic election) (the date of that polling day being known at the time of the occurrence); and (c) the reason for the prescribed occurrence is that a number of members of the council equal to, or exceeding, the prescribed number have resigned on the express ground (stated in the notice or notices of resignation to the chief executive officer) that they consider that relations within the membership of the council are such that the council can no longer continue to conduct its affairs in an appropriate manner and that accordingly action should be taken under this Division, the chief executive officer of the council must, by notice in the Gazette, declare that the council is a council to which this Division applies. (2) If a declaration is made under subsection (1), a general election must be held for the council as soon as practicable after the date of the declaration on a day fixed as polling day by the chief executive officer in the notice under subsection (1).1 prescribed number of members of a council is a number ascertained by dividing the total number of members that constitute the council (assuming no vacancies) by two, ignoring any fraction resulting from the division, and adding one. 1 The term of office of any remaining members of the council will expire at the conclusion of this general election—see Division 1. 57—Restriction on activities during the relevant period asset means anything that must be treated as an asset for the purposes of the financial statements of a council; lease includes an agreement for lease, but does not include a lease entered into as a result of the exercise of a right or option to renew a lease entered into before the commencement of the relevant period; relevant period in relation to a council means a period commencing on the date of a declaration under this section that relates to the council and ending on the day on which general elections for the council held pursuant to that section conclude. (2) This section applies to a council that is the subject of a declaration under section 56. (3) Subject to this section, if during a relevant period the council to which the period relates— (a) enters into a contract for the appointment of a chief executive officer; or (b) enters into a contract— (i) the terms of which require (either unconditionally or subject to conditions) the council to make a payment exceeding $100 000, or payments exceeding $100 000 in total; or (ii) the terms of which entitle the council to receive a payment exceeding $100 000, or payments exceeding $100 000, on account of the disposal by the council of an asset of the council; or (c) enters into a lease under which the rent payable by the lessee in any period exceeds $100 000, without the approval of the Minister, the contract or lease is liable to be voided by the Minister. (4) However, subsection (3) does not apply to— (a) a contract or lease entered into by the council to give effect to any expenditure or revenue measure contained in a budget adopted by the council before the commencement of the relevant period; or (b) a contract or lease of a kind excluded from the operation of that subsection by the Minister (on conditions, if any, determined by the Minister). (5) An approval granted by the Minister for the purposes of this section has no effect unless the council had, before submitting the relevant contract or lease to the Minister for approval, resolved that it would, subject to the approval of the Minister, enter into the contract or lease. (a) the Minister voids a contract or lease under this section; and (b) the Minister or the council incurs a liability by reason of or in relation to the contract or lease, the Minister or the council (as the case may be) may recover the whole of the amount of the liability as a debt from the persons who were members of the council at the time that the contract was made or lease was entered into or made, or from any of them, or from any one of them. Part 3—Role of members 58—Specific roles of principal member (1) Subject to this Act, the role of the principal member of a council as leader of the council is— (a) to provide leadership and guidance to the council; and (b) to lead the promotion of positive and constructive working relationships among members of the council; and (c) to provide guidance to council members on the performance of their role, including on the exercise and performance of their official functions and duties; and (d) to support council members' understanding of the separation of responsibilities between elected representatives and employees of the council; and (e) to preside at meetings of the council; and (f) to liaise with the chief executive officer between council meetings on the implementation of a decision of the council; and (g) to act as the principal spokesperson of the council; and (h) to exercise other functions of the council as the council determines; and (i) to carry out the civic and ceremonial duties of the office of principal member. (2) Subsection (1)(g) does not apply in circumstances where a council has appointed another member to act as its principal spokesperson. 59—Roles of members of councils (1) The role of a member of a council is— (a) as a member of the governing body of the council— (i) to act with integrity; and (ii) to ensure positive and constructive working relationships within the council; and (iii) to recognise and support the role of the principal member under the Act; and (iv) to develop skills relevant to the role of a member of the council and the functions of the council as a body; and (v) to participate in the deliberations and activities of the council; and (vi) to keep the council's objectives and policies under review to ensure that they are appropriate and effective; and (vii) to keep the council's resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review; and (viii) to ensure, as far as is practicable, that the principles set out in section 8 are observed; and (ix) to participate in the oversight of the chief executive officer's performance under the council's contract with the chief executive officer; and (x) to serve the overall public interest; and (b) as a person elected to the council—to represent the interests of residents and ratepayers of the council, to provide community leadership and guidance, and to facilitate communication between the community and the council. (2) A member of a council may, with the principal member's authorisation, act in place of, or represent, the principal member. (3) A member of a council has no direct authority over an employee of the council with respect to the way in which the employee performs his or her duties. 60—Declaration to be made by members of councils A member of a council must, at or before the first meeting to be attended by the member, make an undertaking in accordance with the regulations. 61—Access to information by members of councils (1) A member of a council is entitled at any reasonable time, in connection with the performance or discharge of the functions or duties of the member (whether under this or another Act), without charge, to have access to any relevant council document, including (but not limited to)— (a) a copy of a written contract entered into by the council, or a copy of a document relating to a contract that is proposed to be entered into by the council; (b) accounting records kept by the council; (c) financial statements and other documents prepared by the council under Chapter 8. (2) A request for access to a document under subsection (1) should be directed to the chief executive officer, or another officer specified by the chief executive officer for the purposes of this section. (3) The chief executive officer or another officer providing access to a document under subsection (1) may indicate to the member that information contained in the document is, or should be considered as, confidential. Part 4—Member integrity and behaviour