A complaint about a council may arise in relation to a particular council decision or action or in relation to its services more generally. It may also relate to the conduct of elected council members or employed council staff.
Complaints are dealt with in accordance with council policies and procedures which are available on each council website.
If you have a complaint, the first step is to contact the council or your local council member to make the complaint. This can be done by attending the council office, emailing, phoning, or writing to the council, or completing an online form on the council website, where available.
The contact details for all South Australian councils are found on the Local Government Association of SA website.
The complaints process varies by council and may depend on the type of matter. Ask the council for assistance with making a complaint to ensure that it is dealt with appropriately. A complaint about barking dogs (animal control under the Dog and Cat Management Act 1995 (SA)), for instance, will have a different procedure to a complaint about orders requiring the removal of overhanging tree branches [Local Government Act 1999 (SA) s 254].
If you suspect fraud or corruption, you can report this to the Office for Public Integrity.
If you are involved with a development application, you are entitled to make a complaint to the State Planning Commission about a decision made by, or the conduct of, a decision-maker on a Council Assessment Panel. More information is available on the PlanSA website.
If you believe you have been subjected to discrimination or sexual harassment, you can complain to the Commissioner for Equal Opportunity.
If you object to your property valuation, see Complaints about taxation (State government).
Internal review
If you are not satisfied that your complaint has been adequately resolved, you can ask the council for an internal review [see Local Government Act 1999 (SA) s 270]. This request must be made in writing within 6 months of the original decision [s 270(2a)] and a fee may apply [s 270(3)]. An extension of time to apply for a review may be granted [s 270(2a)]. An independent senior council officer will then investigate and determine the matter.
External review options
You have the right to take your complaint to an external agency if you are unsatisfied with the determination of the internal reviewer or how your complaint is being handled. The South Australian Ombudsman has the power to investigate complaints against local government agencies. The South Australian Ombudsman also conducts reviews of freedom of information decisions made by councils.
Some council decisions can also be directly reviewed by the South Australian Civil and Administrative Tribunal, such as:
Certain complaints about council members can be made to the South Australian Ombudsman [s 263A] and SACAT [s 264].
Council Member Behavioural Management
Council members must meet clear behavioural standards and council codes of conduct. The Behavioural Standards for Council Members (PDF download, 156 KB) came into operation on 17 November 2022 and set out minimum standards of behaviour that are expected of all council members in the performance of their official functions and duties. They are mandatory rules and all council members must comply with them.
You can lodge a complaint with the council in accordance with the council’s Behavioural Management Policy [Local Government Act 1999 (SA) s 262A].
A council can take a range of actions in response to a behavioural issue. These include censure motions, public apologies, training, and removal from an office within council (for example, membership on a committee) [s 262C].
The Behavioural Standards Panel is an independent statutory body [s 262F] that deals with complaints from councils about misbehaviour, serious misbehaviour and repeated misbehaviour by council members. You cannot lodge a complaint directly with the Behavioural Standards Panel [s 262Q].
The Behavioural Standards Panel can take actions including suspending a council member for a maximum period of three months (with or without allowance), and requiring the member to reimburse the council a specified amount (which may include the reimbursement of the council's costs relating to investigation of the complaint) [s 262W].
For more information, see the Behavioural Standards Panel website.