Local Government (Elections) Regulations 2025

This instrument builds a framework of administrative concepts and procedural definitions that determine how elections and polls are run. The primary concepts and their operational meaning within the regulations are as follows.

Eligible candidate: Where a vacancy is to be filled under section 6A(2)(a) of the Act or under section 55A(2)(a) following the death of a successful candidate, the returning officer must contact every candidate who was not elected in the relevant election and invite a declaration that the person is still willing and eligible to be elected (regs 4(1)(a)-(b); 14(1)(a)-(b)). A person is then an eligible candidate for the purposes of the recount procedure (regs 4(1)(b), 14(1)(b)). The returning officer determines the applicable “relevant period” in which declarations must be made (reg 4(7); 14(7)). The regulations then define how votes are reallocated when some candidates are no longer eligible or the vacancy relates to a specific office (regs 4(2), 14(2)).

Recount mechanics and statutory modification: The regulations modify how section 48 of the Act operates for recounts when filling vacancies. The key mechanical modifications specify that a vote recorded opposite the name of the vacating candidate is transferred to the next eligible candidate indicated by the voter’s preferences; further, votes for candidates who are not eligible candidates are similarly transferred to the next eligible candidate (reg 4(2)(a)-(b); 14(2)(a)-(b)). After those transfers, subsequent preference numbers are taken to have been altered accordingly (reg 4(2)(c); 14(2)(c)). The regulations also treat references in section 48 to “a candidate” as references to an eligible candidate for the recount (reg 4(2)(d); 14(2)(d)). These are concrete adjustments to the statutory counting algorithm for the specific vacancy context.

Declaration of eligibility form: The regulations prescribe a specific form as Form 1 for the declaration required under section 8(2)(b) of the Act (reg 5; Schedule 1). The form is concise and requires the declarant’s name, address, office, council, area/ward and a declaration of eligibility with signature and date.

Profile requirements for nominations: A nomination form must be in a form determined by the Electoral Commissioner and delivered to the returning officer before the close of nominations (reg 6(1)). Profiles must be typed or printed, limited to 1,000 characters subject to specified exclusions, not contain misleading or offensive material, not refer to other named candidates without their written consent, and not comment on council decisions and members’ actions (reg 6(2)(a)-(c)). Mandatory contact details and a residency statement are required and are excluded from the 1,000 character limit (reg 6(2)(d)-(e); 6(3)). Profiles must declare current or recent membership of a registered political party, including party name and cessation date if relevant (reg 6(2)(f)). A candidate must sign a statement declaring responsibility for profile content (reg 6(5)). The returning officer may trim profiles after close of nominations if they exceed the character limit (reg 6(4)).

Ballot form and poll layout: Ballot papers for elections are to be in a form determined by the Electoral Commissioner, must identify the council, and include directions for a valid vote (reg 7). Poll papers must state the proposition and show two clearly indicated squares for or against, with the proposition statement determined by the council after consultation with the returning officer (reg 8(1)-(2)).

Postal voting and notices: The notice of a postal voting election must state that the election will be conducted entirely by postal voting, that no polling booth will be open, that voting papers will be issued to those on the voters roll or personally delivered at the returning officer’s discretion, that papers should be delivered by a date specified by the returning officer consistent with section 39(1) of the Act, and offer steps for people who do not receive papers but believe they are eligible (reg 9(1)(a)-(d); 9(2); note). The regulations authorise additional explanatory information at the returning officer’s discretion (reg 9(2)).

Postal envelope identification and explanatory notice: Postal envelopes used for ballot paper distribution must have a back flap extension bearing the name and address of the recipient or the designated person for a body corporate or group (reg 10(1)). An explanatory notice prepared by the returning officer must set out the steps required to comply with section 40 of the Act in relation to the sealing and return of votes (reg 10(2)).

Assisted voting by telephone: The regulations adopt and detail a telephone assisted voting method as an assisted voting method for “prescribed electors” (regs 11(1)-(3); 12). The returning officer decides the days, times and telephone number for the method and publishes them in the Gazette (reg 11(2)). The method requires caller identity verification, assignment of a unique identifying number, call transfer to a voting assistant, issuance of fresh postal voting papers, the voting assistant marking the ballot at the elector’s instruction and sealing a declaration envelope, and a second electoral officer listening to the entire communication and witnessing the marking (reg 12(1)(a)-(h)). The returning officer must prevent electoral officers from hearing the identity-confirmation portion of the call, and must deliver the sealed ballot boxes for inclusion in the scrutiny and count after close of voting (reg 12(2)-(3)).

Collation and returns: The required return under section 51(1a) must include specific counts such as number of ballot papers printed, numbers issued on the voters roll, numbers issued due to omitted names, re‑issued papers, accepted and rejected declaration envelopes, undeliverable envelopes, ballot papers removed from envelopes, ballot papers included in the count, and ballot papers rejected as informal (reg 13).

Bribery threshold: For the purposes of section 57(3) of the Act, the prescribed value is fixed at $20 (reg 15).

Transitional gift disclosure: The regulations provide transitional arrangements for gifts received prior to commencement of amendments to Part 14 of the Act, treating returns made under the new Part 14 as satisfying the old Part 14 in certain circumstances, making failures to comply with old Part 14 equivalent to failures under new Part 14, and fixing the start date for the special disclosure and disclosure periods for periodic elections in 2026 for non‑new candidates at the commencement day (reg 16(1)-(4)). The regulations define “commencement day”, “new Part 14” and “old Part 14” for that purpose (reg 16(5)).

Conduct of council during election period: The regulations exclude specific categories of decisions from the Act’s definition of designated decision during the election period, including certain emergency or disaster works, expenditure required to maintain eligibility for Commonwealth or State funding, employment decisions about particular council employees (other than the CEO), ongoing employee negotiation decisions where funds are budgeted and negotiations commenced prior to the election period, and decisions relating to Community Wastewater Management Systems already approved (reg 17(1)). Suspension of a chief executive officer for serious and wilful misconduct is also excluded (reg 17(1)(b)).

These concepts create a layered regulatory environment defining what counts as an eligible candidate, how votes are reallocated in vacancies, how candidates present themselves in the public materials, how assisted telephone voting operates in practice, what material must appear in election returns, and which council decisions remain executable during an election period. Many of these concepts depend on operational discretion entrusted to the returning officer, while others prescribe exact administrative mechanics.

The regulations allocate rights, duties and procedural steps among distinct groups involved in council elections. Below is a practical mapping of who is affected and how.

Returning officers and the Electoral Commissioner: The returning officer is the central decision‑maker under numerous provisions. The returning officer must contact unsuccessful candidates when filling vacancies, set and notify the “relevant period” for declarations, determine the form and trimming of profiles, prepare explanatory notices for postal voting, determine days and times and the telephone number for telephone assisted voting by Gazette notice (regs 4(1)(a), 4(7), 6(1), 6(4), 10(2), 11(2)). The Electoral Commissioner determines certain forms and the form of ballot papers (reg 6(1); reg 7(a)). The returning officer also exercises discretion in determining the next successful candidate where the regulation authorises them to do so “in such manner as the returning officer sees fit” (regs 4(5), 14(5)). The returning officer must also ensure delivery of telephone assisted ballot boxes for inclusion in the scrutiny and count (reg 12(3)).

Candidates (successful and unsuccessful): All candidates are subject to nomination and profile requirements. Candidates must deliver a nomination in a prescribed form determined by the Electoral Commissioner to the returning officer before nominations close (reg 6(1)). Profiles must satisfy formatting, character limits, content exclusions, include contact details and residency statements, and must disclose current or recent registered political party membership (reg 6(2)(a)-(f); 6(3); 6(5)). Candidates who were not elected are required to respond to requests from the returning officer to make declarations of continued willingness and eligibility if a vacancy arises (regs 4(1)(a)-(b); 14(1)(a)-(b)). A declaration in the form prescribed (Form 1) will be a mechanism by which an unsuccessful candidate may be selected to fill a subsequent vacancy without a full supplementary election, subject to the recount rules (regs 5; Schedule 1; reg 4(1)(c)).

Prescribed electors and postal voters: The regulations define certain electors as “prescribed electors” for the telephone assisted voting method, explicitly including electors who are outside South Australia within the 28 days before polling day and who call the determined telephone number from outside the State (reg 11(4)). Postal voters are affected by notices that inform them that the election will be postal only, that voting papers will be issued to the names on the voters roll, and by the obligation to take specified steps if they believe they are entitled to vote but did not receive papers (reg 9(1)(a)-(d)). Bodies corporate and groups that are on voters rolls are affected because papers may be issued to them and the designated person for those entities must appear on the flap of the envelope (reg 10(1)(b)).

Electoral officers and voting assistants: The telephone assisted voting method requires specific roles and conduct by electoral officers and voting assistants. An electoral officer must verify identity, assign a unique identifying number, transfer calls to a voting assistant and communicate the unique number (reg 12(1)(a)-(b)). The voting assistant must issue and if requested read aloud postal voting papers, mark ballot papers in accordance with instructions, read back preferences, seal declaration envelopes, complete and sign declaration on the elector’s behalf, and place the declaration envelope in a ballot box determined for telephone assisted voting (reg 12(1)(c)-(f)). Another electoral officer must listen to the entire telephone communication and witness the marking, but must not be the person who transfers the call (reg 12(1)(h)). The returning officer must ensure that the identity verification portion of the call cannot be heard by the voting assistant and the witness (reg 12(2)). These provisions affect the training, staffing and operational design of election offices.

Councils and council staff: Councils are affected by the poll paper content process because the council, after consultation with the returning officer, determines the wording of the proposition to be placed on a poll paper (reg 8(2)). During election periods councils are constrained through the definition of designated decision and the explicit exclusions listed in reg 17(1), which affect which decisions may be taken without falling within the election period restrictions. The regulations exclude certain council activities and categories of decisions such as emergency works or funding‑conditional decisions (reg 17(1)(a)(i)-(ii)).

Voters and the public: Voters are affected by the form of ballot papers, the presence or absence of polling booths in postal elections, the option to use telephone assisted voting for prescribed electors, the explanatory notices that accompany postal papers and the content of candidate profiles available to them. Voters who receive declaration envelopes are part of the statistical returns that must be collated and reported (reg 13). The reforms also affect voters' expectations about candidate information accuracy because returning officers are not responsible for checking profile accuracy and bear no liability for published profiles (reg 6(6)).

Photographers, printers and campaign support providers: Practical compliance obligations fall to those who prepare candidate materials. Photographs must meet passport size dimensions or be the same size as an Australian passport photograph unless otherwise approved by the returning officer, must be head and shoulders, taken within 12 months, and must be endorsed by the candidate as having been taken within that period (reg 6(9)(a)-(d)). Printers and material preparers must produce profiles that conform to the character limits and content restrictions and ensure that postal envelopes include the required back‑flap extension with name and address (reg 6(2), 6(4), 10(1)).

Persons giving gifts to candidates and those managing disclosure: Transitional gift disclosure rules change the timing and overlap between the old and new Part 14 regimes, treating certain returns as compliance with old rules if they are included in the first return under the new Part (reg 16(1)-(3)). Candidates must understand the new disclosure periods and the start date for the special disclosure and disclosure periods for the 2026 periodic elections (reg 16(3)-(4)).

Legal advisers and compliance professionals: The regulations affect how advisers should draft nomination and profile material, particularly because the returning officer will not check accuracy and may trim profiles post‑nominations. Advisers must also account for the statutory recount modifications and the possibility that a vacancy will be filled by recount rather than by supplementary election, and they should be attentive to the prescribed $20 bribery threshold (reg 15).

In short, the regulations place most operational decision rights and many compliance burdens on returning officers and electoral staff, and create precise obligations and disclosure requirements for candidates, while changing certain voter access methods (telephone assisted voting, postal voting). Many practical effects rest on tight administrative processes such as phone lines, staffing levels, Gazette notices and the timeliness of contacting non‑elected candidates.

The regulations allocate explicit duties and afford limited rights to particular actors. Below is a practical catalogue of the principal duties and rights created or clarified by the instrument, with citation to the regulation provisions that impose or recognise them.

Duties of returning officers and the Electoral Commissioner

• Contacting and obtaining declarations: The returning officer must contact each candidate who was not elected in the most recent election to request that the candidate make a declaration of willingness and eligibility when a vacancy is to be filled under section 6A(2)(a) or when a successful candidate dies under section 55A(2)(a) (regs 4(1)(a); 14(1)(a)).

• Determining and publishing timeframes: The returning officer must determine the “relevant period” in which declarations must be made (reg 4(7); 14(7)), and must determine by Gazette notice the days, times and telephone number for availability of the telephone assisted voting method (reg 11(2)).

• Recount administration and modification of section 48: When a recount is required under these regulations, the returning officer must conduct the recount in accordance with the specified modifications to section 48 of the Act (reg 4(2); 14(2)), including transferring votes recorded opposite a vacating or ineligible candidate to the next eligible candidate indicated by a voter’s preferences.

• Telephone assisted voting organisation and safeguards: The returning officer must ensure the telephone assisted voting method operates with identity verification, assignment of unique identifying numbers, issuance of fresh postal voting papers, reading the papers if requested, marking and sealing of declaration envelopes by voting assistants, witness requirements and the technical safeguard that the identity portion of the call cannot be heard by the voting assistant and witness (regs 11(1)-(3); 12(1)-(3)).

• Explanatory notices and postal envelope requirements: The returning officer must prepare an explanatory notice setting out steps to comply with section 40 of the Act when postal voting papers are issued and ensure envelopes bear the back‑flap extension for recipient name and address (regs 10(1)-(2)).

• Collation and reporting: The returning officer must produce a return that shows specific numeric items relating to ballot papers printed, issued, re‑issued, declaration envelopes accepted, rejected or undeliverable, and ballot papers included or rejected as informal (reg 13).

Duties of candidates

• Nomination and profile: Candidates must submit a nomination form in a form determined by the Electoral Commissioner and deliver it to the returning officer before the close of nominations (reg 6(1)). Profiles must be typed or printed, not exceed 1,000 characters subject to exclusions, contain contact details, a residency statement, disclosure of political party membership, and a signed statement that the candidate is responsible for the content (reg 6(2)(a)-(f); 6(3); 6(5)).

• Photograph requirements: Candidates who provide a photograph must ensure it is passport size unless otherwise approved, predominantly head and shoulders, taken within 12 months, and endorsed in the manner determined by the Electoral Commissioner to confirm recency (reg 6(9)(a)-(d)).

• Responding to vacancy contact: Candidates not elected who are contacted about a vacancy must, if they wish to be considered, make a declaration in the form determined by the returning officer within the relevant period (reg 4(1)(b); 14(1)(b)). A declaration under section 6A(2)(c)(i) will be taken as a provisional declaration for recount purposes and enables candidates to request a recount under sections 49 and 50 of the Act (reg 4(4); 14(4)).

Rights of candidates and electors

• Right to request a recount: A candidate (not being a successful candidate) may request a recount on the basis of a provisional declaration as contemplated by section 49 of the Act, with the returning officer taking such action as contemplated by section 50 (reg 4(4); 14(4)). This preserves a pre‑existing statutory right to contest provisional outcomes using the recount process.

• Right to use telephone assisted voting: Prescribed electors who meet the criteria (including electors outside South Australia in the 28 days before polling day who call the determined number from outside the State) have the right to use the telephone assisted voting method prescribed by the regulations (regs 11(1), 11(4)). The method includes procedures for identity verification, marking of ballot papers by a voting assistant at the elector’s instruction, and formal sealing and witnessing processes to protect the integrity of the ballot (reg 12).

• Right to include public policy statements: The regulations explicitly permit candidate profiles to include declarations of public policy or promises of public action, meaning that policy statements are not excluded by the prohibitions on comments about council decisions and members’ actions (reg 6(8)).

Administrative immunities and limits

• Returning officer non‑liability: The returning officer is not responsible for checking the accuracy of information in a profile and bears no liability with respect to the publication of a profile under the Act and the regulations (reg 6(6)). This shifts risk of inaccuracies to candidates and advisers rather than to electoral administrators.

Discretionary powers with consequences

• Returning officer discretion to determine successful candidate: Where there is more than one eligible candidate after the relevant period for declarations, the returning officer must determine which eligible candidate will fill the vacancy by recounting the votes “in such manner as the returning officer sees fit” in particular circumstances, or otherwise in accordance with modified section 48 provisions (reg 4(1)(c)(ii); reg 4(5); reg 14(1)(c)(ii); reg 14(5)). This confers notable discretion over outcome determination in vacancy scenarios.

• Determination of telephone assisted voting availability: The returning officer selects the operational days, times and telephone numbers for telephone assisted voting and publishes them in the Gazette (reg 11(2)). This confers an operational scheduling responsibility and, indirectly, a means of defining access.

Data and record duties

• Collation of specific electoral statistics: The returning officer must collect and report a set of specified counts in the return under section 51(1a), covering printed papers, issued papers, omitted names, re‑issues, accepted/rejected declaration envelopes, undeliverable envelopes, ballot papers removed from envelopes, ballot papers included in the count and ballot papers rejected as informal (reg 13).

Other specific duties and statutory interactions

• Treating postal voting papers issued under the telephone assisted method as fresh voting papers under section 43, with section 43(4) not applying (reg 11(3)).

• Ensuring ballot boxes used for telephone assisted voting are delivered as soon as practicable after close of voting and made available for scrutiny and count (reg 12(3)).

In short, the regulations create a detailed duties matrix in which returning officers carry primary operational duties and discretions, candidates have compliance duties in the content and format of materials and must respond to contacts about vacancies, and prescribed electors have the right to a specific assisted voting process with defined safeguards. The regulations also limit administrative liability for the returning officer in relation to candidate profile accuracy and provide statutory channels for candidates to seek recounts.

The regulations themselves do not add numerous novel offences; rather they interact with existing enforcement and penalty provisions contained in the Local Government (Elections) Act 1999 and related statutes. Within the regulations there are specific enforcement‑relevant settings and operational controls that affect the application of penal provisions in the Act. The following details the enforcement‑relevant mechanisms, the penalties and thresholds set or altered by the regulations, and the practical implications for compliance and contestation.

Prescribed bribery value

• Reg 15 prescribes a monetary value of $20 for the purposes of section 57(3) of the Act. That is the only monetary threshold the regulations set. The regulations do not themselves create the bribery offence; they specify the value relevant to the statutory test. Practically an alleged bribery provision in s57 would be construed with $20 as the prescribed value where the Act requires reference to that amount. This explicit figure has enforcement consequences because it establishes an evidential threshold for assessing whether a gift or benefit reaches the prescribed amount for the statutory test in section 57. The regulations do not state the penalties applicable under section 57; those penalties are located in the Act.

Recounts, provisional declarations and recount requests

• Recounts are an enforcement and dispute mechanism. The regulations specify how recounts are to be carried out when filling vacancies (regs 4(2), 14(2)). A candidate who makes a provisional declaration under the relevant provision is enabled to request a recount in the manner contemplated by section 49 of the Act, and the returning officer may then take such action as contemplated by section 50 of the Act (regs 4(4), 14(4)). The mechanics of recount execution and the substitution rules are therefore prescribed by the regulations in order to give effect to the Act’s dispute resolution processes.

Discretionary determination and contestability

• The returning officer is given discretion to “determine the next successful candidate in such manner as the returning officer sees fit” in certain circumstances (reg 4(5); reg 14(5)). That degree of discretion has enforcement implications because it shapes where and how an aggrieved person might seek review. The regulations do not state how scrutiny of that discretionary decision is to occur; any review or legal challenge would proceed through established judicial review mechanisms or the statutory avenues in the Act, which are not reproduced in the regulations.

Rejection and acceptance of declaration envelopes and ballot papers

• The return required under section 51(1a) must record the number of declaration envelopes accepted and rejected at the count, and other figures such as ballot papers rejected as informal (reg 13). Rejection of declaration envelopes and informal ballots are administrative acts that can have material electoral consequences. The regulations do not themselves set the grounds for rejection; those are provided by the Act. But the obligation to collate and report these numbers increases transparency and creates an audit trail that may be relied upon in enforcement or contestation.

Postal voting and assisted voting safeguards

• The telephone assisted voting method includes procedural safeguards such as the requirement for a second electoral officer to listen to the entire telephone communication and witness the marking of the ballot, and for the returning officer to ensure that the identity verification segment cannot be heard by either the voting assistant or the witness (reg 12(1)(h); 12(2)). These are internal controls intended to limit the risk of undue influence or chain‑of‑custody disputes. The regulations do not specify penalties for breaches of these internal controls; they set procedural requirements to which electoral staff must adhere, and breaches would be relevant to any subsequent challenge or complaint.

Transitional non‑compliance consequences

• Reg 16(2)(b) states that a failure to submit a return under old Part 14 will be taken to be a failure to comply with new Part 14. That rule may carry enforcement consequences under the Act’s disclosure regime,if the Act imposes penalties for failure to submit required returns, reg 16 ensures that previous non‑compliance remains actionable after the Part 14 amendments. The regulations do not specify the penalties themselves; they preserve enforceability by carrying failures forward.

Administrative immunities

• The returning officer is expressly not responsible for checking the accuracy of information in candidate profiles and bears no liability with respect to publication under the Act and the regulations (reg 6(6)). That statutory non‑liability limits enforcement exposure against returning officers for profile publication decisions, and shifts enforcement focus to candidates and their advisers for misleading or unlawful content in profiles, under whatever provisions the Act provides.

Other enforcement pathways

• The regulations do not create new criminal offences beyond prescribing the bribery value. They instead establish procedure that gives effect to the Act’s enforcement architecture: recounts and counts, rejection of declaration envelopes, offence thresholds, returns and disclosures that feed into statutory compliance frameworks, and operational safeguards for assisted voting that, if breached, may become factual bases for challenges under the Act or judicial review.

In practical terms, the enforcement regime is therefore a hybrid: the regulations prescribe key operational thresholds, process controls and recordkeeping obligations that enable enforcement under the Act, and they shift particular compliance obligations onto candidates and electoral staff while limiting liability for returning officers in publishing candidate material. Any sanctions or penalties derive from the Act’s substantive enforcement provisions, applied in the factual context shaped by these regulations.

These regulations operate as subordinate instruments to the Local Government (Elections) Act 1999 and expressly interact with other statutes and statutory provisions. The interaction occurs in three principal ways: by prescribing forms and procedures required under the Act; by modifying the operation of specific Act provisions for particular circumstances; and by referencing definitions or external statutes that contribute to operative meanings. The key interaction pathways and cross‑references are as follows.

Direct interaction with the Local Government (Elections) Act 1999

• The regulations implement and give effect to a range of sections in the Act, frequently by prescribing form, procedure or thresholds. For example, reg 5 prescribes Form 1 for the declaration of eligibility invoked by section 8(2)(b) of the Act; regs 4 and 14 implement the mechanisms contemplated by sections 6A(2)(a) and 55A(2)(a) (respectively) by detailing contact, declaration and recount workflows; reg 7 supplies requirements for ballot papers pursuant to section 29(5) of the Act; reg 8 supplies poll paper content pursuant to section 33(3); reg 9 implements the content requirements for postal voting notices under section 38; reg 10 sets envelope and explanatory note requirements linked to section 39; regs 11 and 12 implement assisted voting procedures under section 41A; reg 13 supplies details for returns contemplated by section 51(1a); reg 15 supplies the prescribed value relevant to section 57(3); reg 16 provides transitional arrangements for old and new Part 14 (sections 81 and 81A referenced) following the Statutes Amendment (Local Government Elections Review) Act 2025; and reg 17 defines exclusions from the definition of designated decision referred to in section 91A of the Act. These are direct subordinate implementations of Act provisions.

Statutory modification and supplementation

• The regulations explicitly modify the operation of section 48 of the Act for recounts in two contexts: filling vacancies under section 6A(2)(a) and filling vacancies when a successful candidate dies under section 55A(2)(a). The modifications change how votes indicated opposite the vacating candidate or non‑eligible candidates are treated and how subsequent preferences are regarded (regs 4(2); 14(2)). These are not mere administrative additions; they are targeted statutory amendments achieved through the regulations’ power under the Act to modify the operation of specified sections in particular contexts.

Interaction with the Electoral Act 1985

• Reg 6(2)(f) requires candidates to disclose whether they are, at the time of nomination or within the preceding 12 months, a member of a registered political party, defined by reference to the Electoral Act 1985. The regulations therefore import an external statutory definition to determine the scope of mandatory disclosure in candidate profiles. The regulations do not alter the Electoral Act definition; they reference it for consistency.

Interaction with the Local Government Act 1999 and Emergency Management Act 2004

• Reg 17(1)(a)(i) excludes from the definition of designated decision those decisions that relate to carrying out works in response to an emergency or disaster within the meaning of the Emergency Management Act 2004, or works under section 298 of the Local Government Act 1999. This cross‑reference situates certain council functions as operationally urgent and preserves the council’s ability to act during an election period in these specific fields.

Statutes Amendment (Local Government Elections Review) Act 2025

• Reg 16 is explicitly transitional and interacts with amendments effected by the Statutes Amendment (Local Government Elections Review) Act 2025, in relation to Part 14 of the Act on gifts and disclosure. The regulation defines “commencement day” as the day on which section 21 of that Statutes Amendment Act comes into operation, and preserves the operation of old Part 14 for gifts received before that commencement day while providing carry‑forward treatment for returns included in the first new Part 14 return (reg 16(1)-(5)). This is an example of the subordinate instrument managing the transition between old and new statutory regimes.

Legislation Revision and Publication Act 2002

• The legislative history notes that certain provisions (r2 and Sch 2) have been omitted under the Legislation Revision and Publication Act 2002 with effect from 1.1.2026 (Legislative history). This demonstrates interaction with the statutory scheme for legislative revision and publication, and explains later entries in the instrument’s variation history.

Operational dependency on the Act’s enforcement and dispute resolution provisions

• The regulations refer to sections 48, 49, 50, 43 and others without restating their full text. For example, recount processes are modified but still operate within the framework of s48, recount requests under s49 and actions under s50, and postal voting fresh voting paper rules under s43 are applied or disapplied in specified ways (reg 11(3) disapplies s43(4) in the telephone assisted voting context). Therefore the regulations rely on the Act’s substantive and procedural enforcement mechanisms and on the Act’s language to define the legal consequences of the procedural steps the regulations introduce.

Prescribed forms and the Electoral Commissioner’s role

• Reg 6(1) and reg 7(a) delegate certain drafting matters to the Electoral Commissioner who is authorised to determine the nomination form and ballot paper form. The regulations thus set policy parameters but leave specific drafting and layout to the Electoral Commissioner, an interaction that operationally binds the instrument to another statutory office.

In sum, the regulations are designed to sit directly beneath the Act, operationalising many of its provisions through prescribed forms, procedural detail and targeted modifications to counting and recounting rules. They import definitions from the Electoral Act 1985, preserve emergency decision‑making recognised in the Emergency Management Act 2004 and the Local Government Act 1999, and manage the transition caused by the Statutes Amendment (Local Government Elections Review) Act 2025. Enforcement, penalties and dispute mechanisms primarily reside in the parent Act and are triggered or shaped by the procedural and evidentiary structures the regulations provide.

The regulations include a legislative history section that records revocations, principal regulations and subsequent variations. The following recounts the procedural timeline, the instruments involved and the specific variation entries contained in the text.

Regulations revoking prior instrument

• The Local Government (Elections) Regulations 2025 revoked the Local Government (Elections) Regulations 2010. This indicates a full replacement of the previous subordinate legislation framework as of the 2025 instrument (Legislative history).

Principal regulations and commencement

• The 2025 principal regulations appear in the legislative history as two key entries. The principal instrument is recorded as:

  • 2025 No 73, published in the Gazette on 31 July 2025 at page 2891. The commencement note records 1 September 2025 for rule 2 (Gazette 31.7.2025 p2891, 1.9.2025: r 2). This indicates the date on which the majority of the instrument or specified parts came into operation.

• A subsequent instrument, variation No 144 of 2025, is recorded:

  • 2025 No 144, published in the Gazette on 18 December 2025 at page 4968, with commencement on 1 January 2026 for rule 2 (Gazette 18.12.2025 p4968, 1.1.2026: r 2). That instrument made particular substitutions to provisions in the principal regulations.

Specific variations recorded in the instrument

• The legislative history records variations to specific provisions and the way those entries are displayed. The formal variation entries in the document include:

  • Rule 16 was substituted by 144/2025 r 3 with effect from 1 January 2026. In practical terms this means that the transitional provision concerning gifts received (reg 16) was replaced by the variation instrument, effective at the start of 2026.

  • Rule 2 was omitted under the Legislation Revision and Publication Act 2002 with effect from 1 January 2026. The legislative history also indicates that Schedule 2 was omitted under the same Act with effect from 1 January 2026. These are housekeeping omissions effected by the legislation revision regime.

• Entries that relate to provisions that have been deleted are noted to appear in italics in the legislative history, whereas new entries appear in bold in the original instrument.

Commencement sequencing and transitional timing

• The commencement note tied to reg 16 uses defined terms that depend on the Statutes Amendment (Local Government Elections Review) Act 2025. The variation to reg 16 effective 1 January 2026 aligns the transitional treatment of gift disclosure with the commencement of section 21 of the Statutes Amendment Act, which reg 16 defines as the “commencement day” (reg 16(5)). Reg 16(3) then ties the special disclosure period and disclosure period for the 2026 periodic elections to that commencement day for candidates who are not “new candidates” (reg 16(3)-(4)).

• The instrument’s legislative history shows an initial principal regulation entry in mid‑2025 with a September 2025 commencement point and a later variation taking effect 1 January 2026, reflecting staged implementation and housekeeping changes with legal effect from the start of 2026.

Instrument revocation and replacement

• The instruments explicitly revoke the 2010 Regulations, which is recorded in the legislative history. That revocation resets the subordinate legislative framework for local government elections and replaces it with the 2025 Regulations.

Publication notes and references to the Index of South Australian Statutes

• The legislative history contains a note directing readers to the Index of South Australian Statutes and the website legislation.sa.gov.au for further information about the Act and subordinate legislation made under the Act. This is a standard cross‑reference for users seeking consolidated materials beyond the instrument.

Practical implication of amendment history

• The recorded substitutions and omissions,particularly the substitution of reg 16 by the 144/2025 instrument and the removal of r2 and Sch 2 under the Legislation Revision regime,suggest that the regulations have undergone both policy changes (the substituted transitional provisions) and administrative revision. Where transitional rules cross‑reference commencement dates in another amending Act, practitioners need to confirm the operational dates of those amending provisions to determine whether transitional measures apply in particular candidacy or reporting circumstances.

In summary, the amendment history records a principal 2025 instrument replacing the 2010 Regulations, followed by a late‑2025 variation instrument with effect from 1 January 2026 that substituted at least the transitional reg 16 and reflects statutory revision omissions under the Legislation Revision and Publication Act 2002. Users should consult the Gazette notices cited to confirm precise textual changes and commencement sequencing.

The text of the Local Government (Elections) Regulations 2025 as supplied contains no reference to judicial decisions or litigation history. The instrument itself does not record any cases or disputes that have interpreted these regulations, nor does it cite judicial authorities. Therefore, based on the provided text:

• There are no cases, judicial reviews or reported litigation cited in the regulations.

• The regulations do, however, create procedural rights and discretions,such as recount mechanics, the returning officer’s discretion to determine a next successful candidate, and the treating of provisional declarations as enabling recount requests,that are matters which, in practice, could give rise to litigation or review under general administrative law or under the Act’s internal mechanisms. The instrument references existing Act provisions (for example sections 48, 49 and 50) which provide the statutory framework within which litigated disputes under the Act may arise, but the regulations do not contain or cite cases.

• Practitioners seeking litigation history relevant to these provisions should therefore consult case law interpreting the Local Government (Elections) Act 1999 and any administrative law authorities on statutory discretion and electoral administration. The regulations as provided supply no case law references to summarise.

This absence of litigation history in the text means the regulations should be treated as a fresh statutory scheme in terms of their specific wording and procedural mechanics; any litigation arising will depend upon how returning officers implement the discretions and how candidates or electors challenge those implementations under the Act or through judicial review. The regulation text itself does not identify any precedent or prior interpretation to illuminate how courts might construe the returning officer discretions or the telephone assisted voting safeguards.

The regulations contain several technical features and traps for practitioners that, if overlooked, can cause operational failure, effective loss of rights or unexpected administrative outcomes. Below are the key practical pitfalls and attention points drawn from the instrument’s text.

Character limit handling and exclusions for candidate profiles (reg 6)

• The profile character limit is 1,000 characters but the regulations exclude certain items from that limit. Contact details (address not being a PO box, email or telephone), the statement as to whether the candidate lives in the area/ward, and disclosure of registered political party membership and related information are excluded from the 1,000 character calculation (reg 6(2)(b); 6(3)). Practitioners must ensure these elements are separated or clearly delineated so they are not accidentally counted.

• If a profile exceeds 1,000 characters and the candidate has not reduced it by the close of nominations, the returning officer will exclude characters after the 1,000th character (reg 6(4)). The trimming occurs at the close of nominations; candidates and agents should not rely on post‑close editorial correction. The resulting published profile will omit contents beyond the limit without prior notice.

Returning officer non‑liability for profile accuracy (reg 6(6))

• The returning officer is not responsible for checking profile accuracy and bears no liability for publication of a profile (reg 6(6)). This shifts legal risk for any misleading or defamatory content to the candidate and any third parties who assist. Candidates should obtain legal review of profile content prior to submission.

Photograph specification and endorsement (reg 6(9))

• Photographs must meet a passport‑style specification: passport size, head and shoulders, taken within 12 months and endorsed by the candidate to the effect that the photograph was taken within the preceding 12 months (reg 6(9)). Failure to comply may result in rejection or removal of the photo from published materials. Candidates must keep photographic provenance documents.

Returning officer discretion on form and trimming (regs 6(1), 6(4), 11(2), 4(7), 14(7))

• Several provisions confer significant operational discretion on the returning officer such as determining the nomination form (per Electoral Commissioner), setting the relevant period for declarations to fill vacancies, trimming profiles and determining the telephone assisted voting days/times and phone number (reg 6(1); reg 6(4); regs 4(7), 11(2), 14(7)). Practitioners must monitor and follow the returning officer’s announcements to avoid missing critical deadlines or information.

Telephone assisted voting operational complexity and secrecy safeguards (regs 11-12)

• The telephone assisted voting method involves multiple personnel steps: identity verification, assignment and transfer of a unique identifying number, issuance of fresh postal voting papers, marking of ballot by the voting assistant at the elector’s instruction, reading back of preferences, sealing and signing the declaration envelope by the voting assistant, placement in a ballot box, and a second electoral officer listening to the entire call and witnessing the marking (reg 12(1)(a)-(h)). The returning officer must ensure that the identity verification portion cannot be heard by the voting assistant and the witness (reg 12(2)). Implementation requires secure technical arrangements to separate the identity verification from the marking and witnessing steps. Failure to design the call flow and staff roles to these exacting requirements could produce procedural irregularities or grounds for challenge.

• The voting assistant must complete and sign the declaration on the elector’s behalf (reg 12(1)(f)(ii)). This is an unusual procedural step that replaces an elector’s physical signature; it must be performed in strict accordance with the rule to ensure the ballot is treated as valid and is included in scrutiny.

Postal envelope requirements and delivery timeframe note (regs 9(1)(c); 10(1)-(2))

• Envelopes must have a back‑flap extension bearing the name and address of the natural person or the designated person for a body corporate or group (reg 10(1)). Failure to include these details may affect delivery and the returnability of the declaration envelope.

• The notice of postal voting must specify that voting papers should be delivered to voters not later than a date specified by the returning officer and that this date must be consistent with section 39(1) of the Act (reg 9(1)(c); note). Practitioners need to align logistical mail dates with the statutory delivery timelines under the Act; the regulations do not supply the date itself, just that it must be consistent with the Act.

Recount modifications and eligible candidate definition (regs 4(2), 4(6), 14(2), 14(6))

• The modified recount rules transfer votes recorded opposite the vacating candidate or non‑eligible candidates to the next eligible candidate, and then take subsequent preference numbers as altered accordingly (reg 4(2)(a)-(c); 14(2)(a)-(c)). This may materially change the distribution of votes in a way that differs from the original election outcome. Practitioners should anticipate that a recount under these rules can produce a member who was not the plurality second choice in the original count, depending on preference flows.

• A reference to an eligible candidate for recount purposes excludes a candidate who immediately before the commencement of the recount is an elected member of the council (reg 4(6); 14(6)). That means an existing elected member cannot be re‑treated as eligible to fill a different vacancy via this mechanism. This exclusion may affect strategy for filling multiple vacancies.

Provisional declarations and recount requests (regs 4(4), 14(4))

• A declaration under section 6A(2)(c)(i) or under section 55A(2)(c)(i) is taken to be a provisional declaration and permits a non‑successful candidate to request a recount under section 49, with the returning officer able to take action under section 50 (regs 4(4), 14(4)). Practitioners should not assume a provisional declaration finalises the outcome; it can be the trigger for further challenge and procedural steps.

Bribery prescribed value (reg 15)

• The prescribed value for section 57(3) is $20 (reg 15). The low dollar amount may produce counterintuitive legal consequences in some circumstances because the statutory bribery test will reference this figure. Advisers should be alert that gifts around or above $20 may engage the bribery provision in the Act, depending on statutory wording in the Act itself.

Transitional disclosure trap (reg 16)

• Reg 16(2)(b) states that a failure to submit a return under old Part 14 will be treated as a failure to comply with new Part 14. Candidates who relied upon transitional uncertainty may find that earlier omissions remain actionable. Additionally, reg 16(3) fixes the start of the special disclosure period and disclosure period for periodic elections to the commencement day for non‑new candidates, which may surprise candidates who believe earlier conduct falls outside the disclosure window. Practitioners should proactively reconcile old returns with new Part 14 requirements and confirm what must be included in the first return under the new regime to avoid retrospective non‑compliance.

Returning officer’s determination “as sees fit” (regs 4(5), 14(5))

• The returning officer must determine the next successful candidate “in such manner as the returning officer sees fit” for certain subparagraphs (regs 4(5), 14(5)). This open‑ended discretion creates potential uncertainty about the method of resolution where the regulation permits it. That uncertainty can translate into litigation risk or contestation if parties disagree about the fairness or correctness of the method chosen.

Witnessing requirements and chain of custody (reg 12(1)(h), 12(3))

• The telephone assisted voting method requires an electoral officer to listen to the entire communication and witness the marking, and the returning officer must ensure that the identity verification portion is not heard by voting assistants or witnesses (reg 12(1)(h); 12(2)). Correct audio routing and staff supervision are necessary. If the technical configuration causes identity details to be overheard, the validity of affected ballots could be contestable.

Recordkeeping burden (reg 13)

• The return in reg 13 requires granular numeric items about printed papers, issues, replacements, acceptances and rejections. Collecting these metrics requires operational processes to capture data points accurately. Failing to capture and report these numbers may constitute a failure of statutory returns and trigger compliance consequences under the Act.

Overall, the regulations are procedural and technical in nature; compliance failures commonly arise from timing mistakes, improper staff training, overlooked trimming or exclusion rules, and inadequate technical arrangements for telephone assisted voting. Practitioners and electoral administrators should focus on precise checklist compliance, rigorous staff protocols, and early engagement with returning officers to confirm discretionary settings such as the relevant period and the Gazette notice details.

This section sets out a practical compliance checklist and recommended operational steps based solely on the regulatory text, organised by actor: returning officers and electoral administrators, candidates and campaign teams, councils, and advisers handling disclosure and gifts. The goal is to convert the regulatory prescriptions into actionable preparatory steps that align with the statutory requirements in the regulations.

Returning officers and electoral administrators

1. Publication and discretion notices

   • Determine the “relevant period” for candidate declarations when vacancies may arise (regs 4(7), 14(7)). Publicise the relevant period to affected candidates promptly to ensure they have the opportunity to submit declarations.
   • Publish by Gazette notice the days, times and telephone number for telephone assisted voting (reg 11(2)). Ensure the Gazette notice is published sufficiently early to allow electors to access the service within prescribed timeframes.

2. Forms, ballots and explanatory notices

   • Ensure nomination forms (as determined by the Electoral Commissioner) are made available and that procedures are in place to receive them before the close of nominations (reg 6(1)).
   • Coordinate with the Electoral Commissioner regarding the form of ballot papers for elections and polls and confirm the ballot designs include the council ID and directions to voters and that poll papers include the proposition statement and two clearly indicated squares (regs 7, 8(1)-(2)).
   • Prepare an explanatory notice for postal voting that outlines the steps required under section 40 of the Act for voters to comply with return requirements (reg 10(2)).

3. Postal voting logistics

   • When issuing postal voting papers, ensure envelopes used under section 39(1) have a back‑flap extension bearing the name and address of the recipient or designated person for a body corporate/group (reg 10(1)). Implement quality control checks to confirm the flap wording is correct.
   • Draft the postal voting notice content to include all items required by reg 9(1)(a)-(d), and provide additional assistance materials at the returning officer’s discretion (reg 9(2)). Confirm the date for delivery is consistent with the Act’s section 39(1) timeline.

4. Telephone assisted voting implementation

   • Design the telephone assisted voting architecture: allocate staff roles for identity verification, call transfer and voting assistant roles, and a separate electoral officer to act as listener/witness who is not the transferor (reg 12(1)(a)-(b), 12(1)(h)).
   • Ensure the method can assign unique identifying numbers, issue fresh postal voting papers, read papers if requested, mark the ballot at the elector’s instruction, fold and seal the ballot in a declaration envelope, complete and sign the declaration on behalf of the elector, and place it into a designated ballot box (reg 12(1)(c)-(f)).
   • Configure telephone systems to prevent the voting assistant and witness from hearing the identity verification portion of the call (reg 12(2)). Test the configuration and document technical proofs of segregation.

5. Chain of custody and scrutiny

   • Ensure the ballot boxes used for telephone assisted voting are securely sealed and delivered as soon as practicable after close of voting for inclusion in the scrutiny and count, treating those ballot papers as if they were returned in accordance with the Act (reg 12(3)).
   • Keep detailed records that support the counts required in reg 13, ensuring metrics for printed papers, issues, re‑issues, accepted/rejected declaration envelopes, undeliverable envelopes and informal ballots are reliably captured.

6. Recount and vacancy protocols

   • Put in place procedures for contacting every non‑elected candidate when a vacancy arises, including standardised scripts and the Form 1 declaration template for candidates to declare their willingness and eligibility within the relevant period (regs 4(1)(a)-(b); 5; Schedule 1).
   • Prepare recount algorithm documentation that implements the modifications to section 48 specified in reg 4(2) and reg 14(2), including how votes recorded opposite the vacating candidate or non‑eligible candidates are to be transferred and how subsequent preference numbers are adjusted.

Candidates and campaign teams

1. Nomination package and timing

   • Obtain the nomination form determined by the Electoral Commissioner and ensure it is delivered to the returning officer before the close of nominations (reg 6(1)). Do not assume an extended deadline; return before close.

2. Profile composition and limits

   • Prepare typed or printed profile text not exceeding 1,000 characters, excluding mandated contact details, the residency statement, and political party disclosure which are not counted within the 1,000 character limit (reg 6(2)(a)-(f); 6(3)). Ensure the profile does not contain misleading, offensive or obscene material nor refer to another nominated candidate without written consent (reg 6(2)(c)(i)-(iii)).
   • Include a clear contact method (address not PO box, email, or telephone), a statement of residence regarding the area/ward you seek to represent, and disclose whether you are or were in the preceding 12 months a member of a registered political party with party name and cessation date if relevant (reg 6(2)(d)-(f)).
   • Sign and date the statement accepting responsibility for the content of the profile (reg 6(5)).

3. Photographic requirements

   • Provide a passport‑sized photograph predominantly showing head and shoulders, taken within the preceding 12 months, and endorsed as required by the Electoral Commissioner (reg 6(9)(a)-(d)). Maintain evidence of date of photograph and candidate endorsement.

4. Risk management

   • Because the returning officer is not responsible for checking profile accuracy and bears no liability for publication (reg 6(6)), obtain legal review of potentially contentious or referential statements, and secure written consent before referencing other candidates.

5. Vacancy declarations and recount strategy

   • If you were not elected and are interested in filling a subsequent vacancy, be prepared to respond to the returning officer’s request within the relevant period and to submit the returning officer’s declaration form (reg 4(1)(a)-(b); Schedule 1). If you make a provisional declaration, be prepared to request a recount under the Act’s procedures (reg 4(4)).

Councils and council officers

1. Proposition wording and consultation

   • For polls, the council determines the statement of the proposition after consultation with the returning officer. Ensure internal processes provide for timely decision‑making and a record of consultation to meet the returning officer’s timetable (reg 8(2)).

2. Election period decisions

   • Familiarise council staff with the categories of decisions excluded from the definition of designated decision during the election period (reg 17(1)). Where decisions fall into the excluded categories (emergency works, funding‑conditional expenditures, employment of particular employees not the CEO, specified negotiated employment actions, approved Community Wastewater Management Systems), document the rationale and evidence for exemption from election period constraints.

Disclosure and gifts advisers

1. Transitional returns and timing

   • For gifts received before the commencement day (defined in reg 16(5) as the day s21 of the Statutes Amendment Act 2025 comes into operation), review whether details were included in the first return furnished under new Part 14; if so, those returns will be taken to have complied with old Part 14 in relation to those gifts (reg 16(2)(a)). However a failure to submit a return under old Part 14 will be treated as a failure under new Part 14 (reg 16(2)(b)). Ensure gift returns are comprehensive and timely to avoid carry‑forward non‑compliance.

2. Disclosure periods for 2026 periodic elections

   • For the 2026 periodic elections, the special disclosure period and disclosure period under sections 81 and 81A of the new Part 14 are to be taken to commence on the commencement day for candidates who are not “new candidates” (reg 16(3)-(4)). Confirm candidate status and ensure disclosures align with the commencement day.

General recommended administrative controls

• Maintain robust logs: For all postal and telephone assisted voting transactions, maintain timestamped logs, unique identifying numbers and staff role identifiers. This supports the reg 13 return requirements and any later scrutiny.

• Staff training and role segregation: Train staff on the precise role divisions required by telephone assisted voting to ensure the identity verification portion of calls is not overheard by voting assistants or witnesses (reg 12(2)), and ensure that the person who transfers the call is not the person who listens to the full communication and witnesses the marking (reg 12(1)(h)).

• Quality assurance for ballot printing and envelope production: Ensure ballot papers conform to the Electoral Commissioner’s form and that envelopes have the required back‑flap extension bearing the recipient’s name/address (reg 7; reg 10(1)).

• Recount readiness: Maintain software or manual procedures that can perform recounts in accordance with modified s48 rules described in the regulations, including rules for transferring votes from vacating and non‑eligible candidates to the next eligible candidate and adjusting subsequent preference numbers (reg 4(2); 14(2)).

• Public communication: Use returning officer discretion to publish guidance and help materials for postal and telephone assisted voting, and include the required notice elements in postal voting notices (reg 9). Transparently publish the days/times/telephone numbers for telephone assisted voting and the relevant period for candidate declarations.

Complying with these steps aligns administrative practice to the text of the regulations and minimises risk of procedural error, contestation or failure to meet statutory return and reporting obligations.