Disclosure requirements – council candidates

Local Government Council Elections – Update

The next periodic local government council elections will now be held in April 2027 (previously scheduled for November 2026).

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Overview

Candidates in South Australian council elections must comply with disclosure requirements for campaign donations and gifts. These rules promote transparency about who supports candidates and how campaigns are funded. Requirements are set out in Part 14 of the Local Government (Elections) Act 1999, associated regulations and mirrored in sections 24–24B of the City of Adelaide Act 1998. City of Adelaide candidates must lodge a campaign expenditure return under section 25.

Acts and regulations

Council elections are governed by the following legislation:

These should be read together with the Local Government Act 1999 and the City of Adelaide Act 1998.

Key definitions

Gift: Anything of value given to support a candidate’s campaign (money, goods, services or other benefits). Multiple gifts from the same person during the disclosure period are treated as one gift.

Private gift: A personal gift received in a private capacity and not used for the campaign. Private gifts do not need to be disclosed.

Donor identification: Candidates must record donor details according to donor type:

  • Unincorporated association: association name; names and addresses of executive committee members.
  • Trust fund or foundation: names and addresses of trustees; name/description of the trust or foundation.
  • Individual: name and residential address.
    (These rules apply to all return types.)

Types of returns

All candidates must lodge:

  • Special returns (s 81) — gifts of $500 or more received during the special disclosure period.
  • Ordinary returns (s 81A) — all disclosable gifts received during the disclosure period.
City of Adelaide candidates must also lodge:
  • Campaign expenditure returns (s 25 — City of Adelaide Act 1998).

Return comparison

The table below summarises the return types, legislative basis and lodgement timeframes.

Return type Applies to Legislative basis What must be disclosed When to lodge
Special return All candidates s 81 — Local Government (Elections) Act 1999 (repeated in s 24 — City of Adelaide Act 1998) Gifts of $500 or more received during the special disclosure period Within 5 days of announcing candidacy or receiving the gift
Ordinary return All candidates s 81A — Local Government (Elections) Act 1999 (repeated in s 24A — City of Adelaide Act 1998) All disclosable gifts received during the ordinary disclosure period Within 7 days after the end of the disclosure period
Campaign expenditure return City of Adelaide candidates only s 25 — City of Adelaide Act 1998 Total campaign expenditure for the election As required under the Act (after polling day)

Special return

Required if a candidate receives a gift of $500 or more during the special disclosure period.

Not required for: private gifts; gifts under $500.
Include: value, date, donor details.
Lodge: within 5 days of announcing candidacy or receiving the gift.
Special disclosure period: begins 4 months before announcing candidacy or lodging nomination; ends on polling day.

Ordinary return

Reports all disclosable gifts received during the disclosure period.

Include: total value, number of donors, value/date of each gift, donor details.
Lodge: within 7 days after the disclosure period.
Not required to include: private gifts; gifts under $500.
Nil‑return: required if no disclosable gifts were received.
Disclosure period: begins 4 months before announcing candidacy or lodging nomination; ends 21 days after polling day.

Campaign expenditure return (City of Adelaide only)

Reports all campaign expenditure incurred by or with the authority of the candidate (s 25). Includes spending on:

  • broadcast, published or displayed electoral advertising
  • production of advertising or printed electoral material
  • consultants or advertising agents
  • opinion polling or research
  • targeted electoral material
  • any prescribed items.

Nil return: may be lodged if expenditure is $500 or less or none was incurred.

Shared campaign arrangements

Notify the returning officer within 1 business day if candidates agree to:

  • jointly incur expenditure, or
  • use a shared campaign account.
Notice must include names of all candidates involved. The returning officer publishes the notice online until 30 days after polling day.

Prohibited gifts

Candidates, council members or persons acting for a candidate must not receive a gift of $500 or more unless the donor’s true name and address are known.

If a prohibited gift is received, an amount equal to its full value must be paid to the Crown.

Completing and amending returns

Inability to complete (s 83): lodge the return with available information and provide written notice explaining missing details.
Amendments (s 84): written, signed request to the returning officer. Amendments do not remove liability for offences relating to the original return.

Offences and compliance

Offences (s 85): failing to lodge returns on time; knowingly false or misleading returns; providing false information.
Maximum penalty: $10,000.

Failure to comply (s 86): returning officer must notify the person; if a council member, the CEO must also be notified after 1 month. Non‑compliance does not invalidate the election.

Public access to information

Returning officers must keep copies of returns and publish:

  • special returns within 5 days.
  • ordinary returns within 8 weeks.

Returns remain available for 4 years.

Restrictions apply to publishing or commenting on return information unless fair, accurate and in the public interest. 

Maximum penalty: $10,000

Record‑keeping

  • Candidates must keep all records needed to complete returns and retain them for 4 years.
  • Regulations may set valuation principles for non‑monetary gifts.
  • Related bodies corporate are treated as one person.
  • Acts of a campaign committee are taken to be acts of the candidate.

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