Local Government (Transitional Provisions) Regulations 2021

Transitional provisions operate through several mechanisms. The first is savings: existing rights, permits, resolutions or contracts continue despite the amendment. For example, mobile food vending permits granted under the old section 222 remain in force on their original terms (reg 5(1)), old section 234A resolutions are unaffected by the amendments (reg 6), and audit committee members retain office for their full term even if the committee no longer meets the new composition rules (reg 14). The second is delayed application: a new rule does not take effect until a later trigger. Section 99A(10) does not apply until the Remuneration Tribunal makes its first determination (reg 4(2)). Councils need not adopt a behavioural management policy until a designated day (reg 16(1)(b)), nor a community engagement policy until nine months after the prescribed day (reg 18(1)). The third is deemed compliance: until a full formal step is taken, councils are taken to have complied with a new requirement by meeting an older standard. Public consultation can be done under the old policy until the community engagement policy is adopted plus three months (reg 18(2)). Financial accountability information requirements are satisfied by a less granular revenue projection until section 79(1) of the Amendment Act commences (reg 13). The fourth is cross-reference correction: until a later provision commences, a statutory reference in the new Act is read as a reference to the old location (reg 4(1)). The fifth is historical counting: past conduct under repealed provisions can be used to establish repeated misbehaviour under the new regime (reg 17). The sixth is modified procedure: councils that had already completed a composition review between the 2018 election and the regulation’s commencement can comply with the mayor-change requirement using a streamlined process that omits certain steps of the full review under section 12 of the Act (reg 11A(2)).

These regulations create a complex temporal layer. A person reading the Act alone in, say, early 2022 would not know that section 99A(10) was not yet operative, or that certain election rules applied only to post-commencement vacancies, or that the old public consultation policy still governed. The regulations effectively create staggered commencement dates and grandfathering rules that operate as exceptions to the plain text of the Amendment Act. Compliance requires awareness of both the amendment date and the specific transitional provision that applies to the council’s circumstances.

The concept of “designated day” appears in relation to behavioural management policies (reg 16(3)). The Minister designates the day by Gazette notice. Similarly, “prescribed day” for community engagement policy commencement is tied to the commencement of section 16 of the Amendment Act (reg 18(4)). “Relevant day” is council-specific: three months after that council adopts its community engagement policy (reg 18(4)). These deferred triggers impose uncertainty until the Minister acts or the council completes its policy adoption.

The regulations also use “LGA’s model behavioural management policy” as a default standard. The LGA publishes this on its website and can update it over time (reg 16(3)). Councils that fail to adopt their own policy by the designated day remain bound by whatever the model policy says, as amended from time to time. This is a quasi-delegated legislative power held by a private body, though the LGA is a statutory entity under the Local Government Act.

The regulations directly affect every council in South Australia, but the practical impact varies by provision. The following groups face specific obligations, freedoms or risks.

Councils as bodies corporate have compliance duties across multiple areas. They must review their composition if their principal member is elected by the council rather than directly (reg 11A). They must adopt a behavioural management policy by the designated day (reg 16(1)(b)), but until then they are effectively governed by the LGA’s model policy. They must adopt a community engagement policy within nine months of the prescribed day (reg 18(1)). They must provide revenue information to the designated authority under the interim standard in regulation 13 until section 79(1) of the Amendment Act commences. They must ensure their audit and risk committee eventually complies with the new membership rules in section 126(2), but are given a transition period during which grandfathered members can serve out their terms (reg 14). Councils also have to apply the new election counting rules to elections where voting closes after the amendment’s commencement, and the new by-law procedure to proposals not already published for public notice (reg 10).

Chief executive officers are directly affected by regulation 9. They cannot be terminated under new grounds arising from the Amendment Act if the relevant ground existed before the amendment’s commencement. New CEO appointments after the commencement of section 58 of the Amendment Act must follow the amended vacancy rules. CEO reappointments taking effect before 1 February 2022 are exempt from the new requirement to review performance before reappointment (reg 9(3)). CEOs appointed after that date must undergo such review.

Councillors and council members face altered conduct rules. The definition of repeated misbehaviour under new section 262E can incorporate prior failures under the old code of conduct (reg 17). This means a councillor who breached the old code in 2020 can have that counted as a first failure, so a further breach in 2023 could be a second failure and trigger a complaint to the Behavioural Standards Panel. The note to regulation 17 confirms that at least one failure must occur on or after 17 November 2022 for the Panel to have jurisdiction. Councillors also lose the ability to have certain resolutions reviewed under the old section 270 if the application was received after the amendment’s commencement (reg 11(1)).

Audit and risk committee members who held office at the commencement of section 84(5) of the Amendment Act can continue for their full term even if the committee’s composition no longer meets the new requirements (reg 14). This benefits those members by preserving their positions, but may disadvantage councils that want to restructure the committee sooner.

Auditors of councils are affected by regulation 15. Firms that include at least one registered company auditor (but are not necessarily themselves a company auditor) and held a contract before the commencement of section 87(3) of the Amendment Act are not required to comply with new section 128(6) until the contract ends. This grandfathers the auditor’s appointment and avoids immediate re-tendering.

Mobile food vending businesses with permits granted under former section 222 keep those permits for their stated term, subject to the new provisions of sections 222, 224 and 225 (reg 5(1)). This grandfathers existing operations but subjects them to the new regulatory framework, including any stricter conditions.

The Small Business Commissioner retains jurisdiction to complete reviews under the repealed section 225B if they were commenced before the amendment (reg 5(2)). This affects businesses that had lodged a review and expected the Commissioner to resolve it.

The Remuneration Tribunal is given a trigger power: its first determination under new section 99A(10) will bring that subsection into effect (reg 4(2)). The regulation does not set a deadline for the determination, so the Tribunal controls the date of effect.

The Local Government Association (LGA) is declared a prescribed body for service of documents under section 303(6)(a) of the Act (reg 16(2)). Its model behavioural management policy becomes the default for all councils that have not adopted their own. This gives the LGA practical influence over council conduct rules across the state.

The designated authority (not further defined in these regulations but presumably the Minister or a state agency) receives financial information from councils under regulation 13. Until section 79(1) of the Amendment Act commences, the authority must accept the less detailed information on intended revenue sources in lieu of the full funding plan details.

Ratepayers are indirectly affected. The forced sale of land for rate arrears under section 184 is preserved in its old form if notice was given before the amendment (reg 4(3)). This may affect ratepayers whose land faces sale under the old procedure. The public consultation transition also affects ratepayers who participate in council decisions: until the council adopts a community engagement policy, the council can rely on its old public consultation policy, which may be less inclusive or have fewer requirements than the new regime.

The regulations impose no direct duties on individuals. All duties and rights attach to councils, their officers, and certain businesses. The most significant are as follows.

Duty to review council composition for mayor change (reg 11A). A council whose principal member is chosen from among councillors must conduct a review under Chapter 3 Part 1 of the Act to ensure a directly-elected mayor takes effect from the second periodic election after the commencement of section 17 of the Amendment Act. For councils that had already completed a review between the 2018 election and the regulation’s commencement, the review is modified: they do not have to follow sections 12(3) to (11e) if they prepare a report on the change (reg 11A(2)(a)). They must still follow sections 12(12) to (16) and (18) to (25) as adapted, but section 12(17) (which likely imposes a particular consultation or voting step) does not apply (reg 11A(2)(c)). This is a mandatory outcome: the mayor must be directly elected by the second periodic election. The duty is backstopped by the Act’s general review provisions.

Duty to adopt a behavioural management policy (reg 16(1)(b)). Councils must adopt a policy under new section 262B by the designated day. Until then, references to the council’s policy are taken as references to the LGA’s model policy. The duty to adopt is not open-ended: the Minister will set the day. Councils that delay risk having no bespoke policy and being bound by a model they may not have controlled. The duty to adopt is a positive obligation; failure to do so by the designated day would leave a gap because the model reference only operates until adoption. The note to regulation 16 suggests the Minister will designate the day later.

Duty to adopt a community engagement policy (reg 18(1)). Councils must adopt a policy under new section 50A within nine months of the prescribed day (the commencement of section 16 of the Amendment Act). This is an outer limit. Until the council adopts its policy, it can rely on its old public consultation policy. After adoption, the old policy continues in force for another three months (reg 18(4): “relevant day” is three months after adoption). This gives a grace period to transition from one policy framework to the other.

Duty to provide revenue information to the designated authority (reg 13). Until section 79(1) of the Amendment Act commences, the council satisfies its obligation under new section 122(1e)(b) by providing information on intended sources of projected total revenue, rather than the full details of revenue sources outlined in the funding plan. The duty is to provide “all relevant information”, but the standard is lowered. This reduces the compliance burden during the transition but also reduces transparency for the authority.

Right to continue in office for audit committee members (reg 14). Members holding office at the commencement of section 84(5) of the Amendment Act have a right to continue for their term, even if the committee’s composition no longer meets the new requirements. The council cannot remove them early merely to realign the committee’s membership with the new rules. This right overrides the new s 126(2)(a) and (b) for the duration.

Right of audit firm to continue until end of contract (reg 15). Firms comprising at least one registered company auditor can continue under an existing contract without being required to have at least one individual registered company auditor (the requirement under new s 128(6)). The right lasts until the term of the contract ends. After that, any new appointment must comply.

Right to have mobile food vending permit continue (reg 5(1)). The permit continues for its stated term, subject to the new provisions. However, the conditions may be affected by the new sections 222, 224 and 225, which could impose stricter rules. Permit holders should review those sections.

Right to finalise review before the Small Business Commissioner (reg 5(2)). If a review under former s 225B was commenced before its repeal, the Commissioner must still complete it as if the repeal had not happened. This is a procedural right for the applicant who started the review under the old law.

Right to rely on the old by-law procedure if already published (reg 10). A council that had already made copies available and published a notice under the old section 249(1)(a) and (b) before the amendment’s commencement can proceed to make the by-law under the old procedure. This avoids wasted compliance costs for by-laws already in the pipeline.

Right to rely on pre-amendment forced sale procedure for rate arrears (reg 4(3)). If notice under section 184(2) was given before the commencement of the amendments to section 184, the old procedure applies. The sale can proceed under the rules that existed when the notice was given. This creates certainty for councils that had already started the process.

No duty to comply with new CEO review requirement before 1 February 2022 (reg 9(3)). Councils reappointing a CEO before that date do not have to conduct a performance review under new section 102A(1)(b). After that date, the duty applies. The exemption is narrow and temporary.

The regulations themselves do not create penalty provisions. The enforcement teeth come from the underlying Local Government Act 1999 as amended, which the transitional regulations modify. However, the regulations indirectly affect what can be penalised and when.

The most direct enforcement mechanism relates to repeated misbehaviour under new section 262E. Regulation 17 allows a previous failure to comply with the old code of conduct under section 63 (as in force before its repeal) to be treated as a first failure. This means a councillor who had a past breach can be deemed to have a “second or subsequent” failure more quickly. The consequence of repeated misbehaviour under the Act is referral of a complaint to the Behavioural Standards Panel, which can impose sanctions including suspension, censure, training requirements or referral to the SACAT. The note to regulation 17 clarifies that the Panel can only hear a repeat misbehaviour complaint if at least one failure occurred on or after 17 November 2022. This is a jurisdictional date limit. Past conduct before that date can only count as predicates; it cannot itself be the basis of a new complaint.

Regulation 16 on behavioural management policies does not impose a penalty for failing to adopt a policy by the designated day. But if the council fails to adopt, the LGA model policy continues to apply and the council would be in breach of section 262B(1) of the Act once the designated day passes. The Act likely contains general enforcement provisions for failure to comply with statutory duties, such as ministerial direction or intervention under Part 9 of the Act.

Similarly, failure to adopt a community engagement policy within nine months of the prescribed day (reg 18(1)) would leave the council in breach of new section 50A. The Act may allow the Minister to require compliance, or it may be enforced through the council’s annual report or audit processes. The regulations do not specify enforcement, but the Act’s compliance and accountability framework applies.

Regulation 11A on composition review does not set a penalty for failing to ensure a directly elected mayor takes effect from the second periodic election. If a council fails to complete the review or implement the change, the electoral system under the Act presumably would not provide for a directly elected mayor, and the council would remain with a council-elected mayor until it complies. The force of the regulation is that the Act requires the review; the transitional regulation merely adjusts the process for councils that already did a review.

Financial accountability under regulation 13 is tied to the requirement to provide information to the designated authority. If a council provides less than “all relevant information” even under the lowered standard, it likely breaches section 122(1e)(b). The Act may impose reporting obligations and potential audit qualifications. No monetary penalty appears, but the council’s financial performance report may suffer.

Election-related provisions (regs 7, 12) affect the validity of elections. If a council uses the old counting method for an election where voting closes after the amendment’s commencement, the election may be challenged. The transitional regulation makes clear that the new method applies. Courts or the Electoral Commissioner could invalidate a result if the wrong method is used.

Audit committee composition (reg 14) is not penalised; rather, the regulation permits noncompliance with new section 126(2) during the transition. But if a new member is appointed after the commencement, the new rules apply. The council’s audit committee may be found noncompliant if it fails to replace grandfathered members with independent members in accordance with the new rules once all original members have left. The Act could allow the Minister to intervene.

The regulation does not create private rights of action. Enforcement is through the Act’s existing mechanisms: ministerial direction, removal of councillors, electoral challenges, audit findings, and potentially criminal prosecution for serious breaches (though none of these regulations touch criminal provisions directly). The compliance burden falls on councils and officers, not on private citizens.

These regulations sit within a complex web of South Australian local government legislation. The primary interaction is with the Local Government Act 1999 (the Act). The regulations repeatedly reference the Act’s sections as amended by the Amendment Act. They clarify when those amendments apply, providing the bridge between the old text and the new. For example, regulation 4(1) redirects a cross-reference in the new section 55A(6) from Subdivision 2 of Part 4 Division 1 of Chapter 5 to Division 2 of Part 4 of Chapter 5 until section 28 of the Amendment Act commences. Without this, the cross-reference would point to a subdivision that did not yet exist, creating a legislative black hole.

The regulations also interact with the Local Government (Elections) Act 1999. Regulation 7 applies the amendments to section 48 of that Act (counting method) to elections with close of voting on or after the commencement date. Regulation 12(1) further limits election amendments to vacancies occurring after the relevant provision’s commencement. Regulation 12(2) adjusts candidate nomination deadlines in the City of Adelaide Act 1998, changing references to “twenty first day” to “twenty eighth day” and “14 days” to “21 days” until section 196(12) of the Amendment Act commences. This is a temporary alignment to ensure the City of Adelaide election timetables work with the new framework.

The Small Business Commissioner Act or its functions are implicated by regulation 5(2), which preserves the Commissioner’s power to complete reviews under section 225B of the Act after its repeal. The continuation of that power can only operate if the Commissioner’s enabling legislation allows it. The regulation deems the repeal not to have occurred for that purpose, but the Commissioner’s own Act may limit what actions can be taken after the underlying provision is gone. The regulation attempts to override that but must be read with the Commissioner’s Act and the Interpretation Act.

The Legislation Revision and Publication Act 2002 is noted in the legislative history: regulation 2 was omitted under that Act, and the historical versions list references to that Act. This is a procedural interaction about the form of the regulations, not substantive content.

The regulations declare the Local Government Association (LGA) a prescribed body under section 303(6)(a) of the Act for service of documents (reg 16(2)). This gives the LGA a formal role in receiving notices under the Act, such as complaints or requests.

The Remuneration Tribunal is given a controlling role by regulation 4(2). Its first determination under new section 99A(10) sets the trigger for that subsection’s operation. The Tribunal is not created by these regulations but by separate legislation; the regulation merely hooks into its determinations.

The Interpretation Act (likely the Acts Interpretation Act 1915 or the Legislation Interpretation Act 2021) is relevant to how these regulations are read. References to “as inserted by” or “as in force immediately before” rely on standard interpretation rules. The note in the legislative history warns that references to other legislation may not be automatically updated. This is a practical interaction: the regulations may become inaccurate if the Amendment Act or the Local Government Act changes further.

The regulations do not interact with Commonwealth laws or cross-border instruments. They are purely South Australian.

Public consultation requirements under the new Act are temporarily replaced by the council’s existing public consultation policy (reg 18). That policy may itself reference other documents, such as planning instruments or natural resources management plans. The regulation preserves that layer.

Overall, the regulations are an interpretive and transitional overlay. They adjust commencement dates, grandfather rights, and modify procedures. They do not repeal or create substantive provisions in other Acts, but they affect when and how those Acts apply.

The regulations were originally made on 16 September 2021 and published in the Government Gazette on 16 September 2021 (No 142, p3567). Most provisions commenced on 20 September 2021, with Part 3 commencing 10 November 2021 (per regulation 2). The making of the regulations was prompted by the passage of the Statutes Amendment (Local Government Review) Act 2021.

First variation: 2021 No 197 (Gazette 23 December 2021, p4638). This variation commenced on 6 January 2022, except regulation 5 which commenced 30 June 2022. It deleted original regulation 2 (under the Legislation Revision and Publication Act 2002). It varied regulation 8 (which was later deleted). It inserted regulation 11A on principal member review, and inserted regulations 13, 14 and 15 on financial accountability, council audit and risk committee membership, and auditor provisions. The delayed commencement of regulation 5 (the insertion of reg 11A) until 30 June 2022 gave councils time to adjust to the principal member requirement. The insertion of Part 3 regulations 13-15 on 6 January 2022 addressed financial accountability provisions that needed earlier transition.

Second variation: 2022 No 98 (Gazette 17 November 2022, p6649). This variation commenced 17 November 2022. It amended regulation 11(2) (clarifying the application of policies under section 270). It inserted Part 4 (regulations 16 and 17) on council behavioural management policies and repeated misbehaviour. This variation aligned with the broader amendments to council conduct that took effect on that date. The insertion of Part 4 gave effect to the new conduct regime and allowed prior code breaches to be counted.

Third variation: 2025 No 140 (Gazette 11 December 2025, p4833). This variation commenced 11 December 2025. It deleted regulation 8 (which had been varied earlier and was no longer needed). It inserted Part 5 (regulation 18) on public consultation. This gave councils nine months from the prescribed day to adopt a community engagement policy, and allowed use of the old policy in the interim.

The legislative history also shows historical versions (6 January 2022, 30 June 2022, 17 November 2022). Each variation built on the last. The regulations remain current as of the date of output, with Part 5 being the most recent addition in December 2025.

The amendment history shows that the transitional framework itself evolved as the Amendment Act’s provisions were phased in. The original regulations were skeletal, covering only basic cross-references, elections and mobile food vending. Later variations added major blocks: CEO, by-laws, financial accountability, audit committees, conduct, and finally public consultation. The order of insertion reflects the order in which the underlying amendment provisions were expected to commence or the order in which transitional problems were identified.

There is no litigation history mentioned in the source text. The legislative history does not refer to any court decisions or appeals involving these regulations. This is consistent with their nature as transitional provisions: they are typically applied by councils and administrators without judicial challenge. However, the absence of noted cases does not mean no litigation exists. It means the source does not cite any.

Given the regulations are interpretive and temporary, challenges would most likely arise if a council, councillor or ratepayer disputes the applicability of a transitional rule. For example, a councillor facing a repeated misbehaviour complaint could argue that prior conduct under the old code should not be counted (reg 17). The regulation explicitly allows it, so a challenge would need to be on grounds of unreasonableness or procedural fairness. To date, no such case is noted.

Election-related provisions (regs 7, 12) could be litigated if the wrong counting method is used or a candidate is improperly excluded due to the changed deadlines. The City of Adelaide time adjustments (reg 12(2)) could be the subject of an electoral dispute if a nomination is lodged under the old time calculation and rejected under the new. The transitional provision attempts to avoid that by providing clear temporary numbers.

The forced sale provision (reg 4(3)) could be litigated if a ratepayer argues that the amendments should apply even though notice was given before their commencement. The regulation says they do not apply. A ratepayer might argue the regulation is ultra vires the Act or that the regulation attempts to change the meaning of rights that had already accrued. But the regulation is presumably within the regulation-making power under s 303.

The audit committee composition (reg 14) could be the subject of a dispute if a council tries to remove a grandfathered member early, or if a councillor argues the committee is unlawfully constituted. The regulation permits the noncompliant composition, but only for the duration of the grandfathered member’s term.

Part 4 conduct provisions are new relative to the 2022 variation and may not yet have been tested in court or before the Behavioural Standards Panel. The Panel’s decisions may be appealed to the SACAT, which could interpret the transitional regulation.

Part 5 on public consultation is very new (December 2025) and almost certainly untested.

In summary, there is no recorded litigation in the source. The potential for future disputes exists, particularly around eligibility to serve on audit committees, counting of prior conduct for repeated misbehaviour, and the validity of by-law making under the old procedure.

Several traps in these regulations can catch unwary councils, officers and permit holders.

Grandfathered rights can expire. A mobile food vending permit continues only for its stated term (reg 5(1)). Once it expires, the new regulatory regime applies in full. Permit holders cannot assume indefinite continuation. Similarly, audit committee members’ tenure is protected only until the end of their term. After that, new appointments must comply with section 126(2) (reg 14). Audit firms holding a contract are protected only until the contract ends (reg 15). After that, new section 128(6) applies.

Repeated misbehaviour can reach back before the new law. Regulation 17 allows prior failures under the old code of conduct before its repeal to be counted as a first failure. A councillor who had a minor breach in 2019 and then commits a breach in 2023 could be deemed to have repeated misbehaviour even though the new regime started in 2022. The note confirms a complaint can only be referred if at least one failure occurred on or after 17 November 2022, but the prior breach can still be used to make the later breach count as a second or subsequent. This creates a risk for long-serving councillors.

The LGA model policy is binding by default. Until a council adopts its own behavioural management policy, references to the council’s policy are taken as references to the LGA’s model (reg 16(1)(a)). The LGA can amend that model and councils are bound by the updated version (reg 16(3): “as in force from time to time”). A council that delays adoption may find itself subject to a policy it never voted on. The designated day for adoption has not been set by the time of these regulations’ making, creating uncertainty.

Community engagement policy adoption has a long grace period but with a short tail. A council has nine months from the prescribed day to adopt a new policy. But the old public consultation policy only continues for three months after adoption (reg 18(4): “relevant day” is three months after adoption). So if a council adopts early, it has only three months of transition. If it delays, it may be forced to adopt quickly and then scramble to comply. The regulation does not say what happens if a council fails to adopt within nine months. The Act’s section 50A would then apply without the transitional grace, potentially putting the council in breach.

The interim financial accountability standard is narrower than the eventual one. Regulation 13 allows councils to provide information on intended revenue sources rather than the full funding plan details. This is easier but may lead the designated authority to have incomplete information. Once section 79(1) of the Amendment Act commences, the higher standard applies immediately. Councils should not rely on the interim standard as a permanent alternative.

Election deadlines for City of Adelaide are temporarily different. Regulation 12(2) changes the nomination return deadline from 21 days before polling day to 28 days, and the withdrawal deadline from 14 to 21 days. These are shorter periods essentially, giving candidates less time. Candidates using the old timetable may miss the deadline.

The cross-reference correction in regulation 4(1) is temporary. It only applies until section 28 of the Amendment Act commences. After that, the new cross-reference operates. Anyone who relied on the old reference after that date could mislocate the relevant provisions.

Audit committee composition rules are relaxed only for grandfathered members. During the transition, the committee may have more than the permitted number of council members or fewer than the required number of independent members (reg 14(b)). But if a grandfathered member resigns or is removed early, the replacement must comply with the new rules. A council cannot use the transitional provision as an excuse to maintain a noncompliant committee indefinitely.

The review of decisions under section 270 is preserved only for pre-commencement applications. An application received after the amendment’s commencement must be dealt with under the new review framework, which may have stricter timelines or only one level of review (reg 11(1)). A council must know the date of the application, not the date of the decision being challenged.

By-law proposals that were not published for public notice by the commencement date must follow the new section 249 procedure. Councils that had started work on a by-law but had not yet published notice must restart or republish under the new requirements (reg 10). This imposes additional delay and cost.

CEO performance reviews before reappointment are not required for reappointments before 1 February 2022 (reg 9(3)). After that date, they are mandatory. Councils that fail to conduct a review for a reappointment after that date breach the Act. The regulation does not provide a grace period for reappointments already scheduled.

The forced sale of rate arrears land is preserved for sales where notice was given before the amendment’s commencement. But the calculation of the arrears period is not affected (reg 4(4)). So a council that had not yet given notice must apply the new section 184, which may have more onerous notice requirements or additional protections for ratepayers.

Compliance with these regulations requires a council or affected person to track the status of each transitional provision against the council’s own circumstances. There is no single compliance checklist. The following steps are necessary.

Identify relevant commencement dates. The regulations have multiple triggers: the commencement of the Amendment Act, the commencement of particular sections of that Act (e.g., s 79(1), s 84(5), s 87(3), s 16), the designated day for behavioural management policies, the prescribed day for community engagement policies, and specific dates (1 February 2022, 17 November 2022). A council must maintain a calender of these dates and know whether its actions fall before or after each.

For councils with council-elected principal members (reg 11A): Review the council’s composition under Chapter 3 Part 1 of the Act to ensure a directly-elected mayor takes effect from the second periodic election after commencement of section 17 of the Amendment Act. If the council already completed a review between the 2018 election and the commencement of reg 11A, it can use the modified procedure in reg 11A(2): prepare a report on the change, follow sections 12(12)-(16) and (18)-(25) as adapted, and skip sections 12(3)-(11e) and 12(17). The council should document the review and implement the change at the next election.

For behavioural management policies (reg 16): Adopt a policy under new s 262B before the designated day set by the Minister. Until adoption, the LGA’s model policy applies. Councils should monitor the Gazette for the designated day. Even before that day, it is prudent to have a council-specific policy in development to avoid being bound by an externally-controlled model. The policy should be consistent with the Act and any regulations under it.

For community engagement policies (reg 18): Adopt a policy under new s 50A within nine months of the prescribed day (the commencement of s 16 of the Amendment Act). Until adoption, public consultation can be done under the council’s existing public consultation policy. After adoption, that old policy continues for three months (the “relevant day”). After the relevant day, all public consultation must comply with the new policy. Councils should adopt early to allow a smooth transition and avoid a gap.

For election procedures (regs 7, 12): Apply the new counting method (amended s 48 of the Elections Act) to any election where voting closes on or after the commencement of s 173 of the Amendment Act. For vacancies occurring after the relevant provision’s commencement, use the new election rules. For City of Adelaide, use the adjusted nomination deadlines until s 196(12) of the Amendment Act commences: nomination returns by the 28th day before polling day, withdrawals by the 21st day.

For financial accountability (reg 13): Until s 79(1) of the Amendment Act commences, provide the designated authority with information on intended sources of projected total revenue (rates, grants, other fees). This is a lower standard than the eventual requirement to provide all relevant information on revenue sources outlined in the funding plan. Councils should still maintain the full plan internally.

For audit and risk committees (reg 14): Allow existing members to serve out their terms even if the committee no longer meets the membership composition requirements in s 126(2). Do not remove them early to force compliance. When a grandfathered member’s term ends, appoint a replacement that complies with the new rules.

For auditors (reg 15): If the council has a contract with a firm that comprises at least one registered company auditor and that contract was entered into before the commencement of s 87(3) of the Amendment Act, the firm can continue until the contract ends without meeting the new requirement that the auditor be an individual or a firm registered under the Corporations Act. At the end of the contract, tender for a new auditor under the new rules.

For mobile food vending businesses (reg 5): Continue operating under the existing permit for its term. Comply with the new provisions of ss 222, 224 and 225 as they apply post-amendment. If the permit expires, apply for a new one under the new regime.

For councils dealing with by-law proposals (reg 10): Check whether the proposed by-law had copies made available and a notice published under the old s 249(1)(a) and (b) before the commencement of s 122(1) of the Amendment Act. If yes, proceed under the old procedure. If not, restart under the new procedure.

For review of decisions under s 270 (reg 11): If an application for review was received before the commencement of s 135 of the Amendment Act, use the old review framework. If received after, use the new framework. The council should record the date of receipt and apply the correct rules.

For repeated misbehaviour complaints (reg 17): The council (or the person making a complaint) can rely on prior failures under the old code of conduct to establish that a current failure is a second or subsequent. However, a complaint can only be referred to the Behavioural Standards Panel if at least one failure occurred on or after 17 November 2022. The council should document all breaches, including those under the old code, for possible use in future complaints.

Monitor the Gazette and the LGA website. The Minister may designate days for behavioural management policies and other matters. The LGA may update its model policy. Councils must track these external changes to remain compliant.