One of the main roles of elected members is to make decisions on behalf of the local community. This is done at Council meetings. Councils meet regularly, at least once a month [Local Government Act 1999 (SA) s 81(2)], and these meetings are open to the public. These meetings may occur remotely [see Legislation Interpretation Act 2021 (SA) s 39(3); Legislation Interpretation Regulations 2021 (SA) reg 4(a)]. The agenda, or list of issues for discussion at the meeting, is made available to the public in advance so that the community knows which issues are being discussed. In special circumstances, parts of a Council meeting may be closed to the public, when matters of a confidential nature are being discussed [Local Government Act 1999 (SA) s 90(2)-(3)]. This might include an individual's financial circumstances, a particular staff member or legal matters. A person who enters (or tries to remain in) a meeting aware that an order has been made for a closed meeting is guilty of an offence and can face a penalty of up to $500 [s 90(5)].

Meeting procedures and rules

The meetings are guided by the Mayor of the Council, and follow formal meeting procedures. These procedures ensure all elected members have a chance to speak about the issues and that all the listed items are discussed. There are special rules about how councils can re-visit and revoke or amend earlier decisions. These are known as "rescission motions".

When decisions need to be made, the Mayor calls for a vote. Members of the Council (not including the Mayor or presiding member of the meeting), have the opportunity to vote with the outcome being decided by the majority decision [s 86(4)]. The Mayor (or, if absent, the presiding member of the meeting) does not vote on an issue unless the vote is tied. In this instance the Mayor (or presiding member) will make the casting vote to achieve an outcome [s 86(6)].

Conflicts of interest and how they are to be dealt with

From time to time, a Council member may consider that their involvement in a particular Council decision could be viewed as a conflict of interest [Local Government Act 1999 (SA) s 73]. Council members are required by law to disclose any conflict of interest they may have [ss 68, 75B and 75C].

A material conflict of interest occurs when the member, or a person or organisation associated with the member (such as a family member), would gain a benefit, or suffer a loss, depending on the outcome of the matter being determined [s 75]. The benefit or loss can be personal or financial. For example, the Council may be discussing a development application that has been submitted by a close relative of a Council member. Having disclosed a material conflict of interest, a member must leave the room in which the discussion is taking place such that they cannot see or hear the discussion and vote [s 75C]. The member is not allowed to vote on the particular issue.

A general conflict of interest occurs when an impartial, fair-minded person might consider the member’s private interests may result in the member acting against their public duty in the consideration of a council matter [s 74]. A member is not prohibited from voting on a matter despite there being a general conflict of interest, although there are strict reporting obligations if the member chooses to vote (or is required to vote to maintain a quorum) [s 75B].

Under section 75A and regulation 8AAA of the Local Government (General) Regulations 2013 (SA), certain matters are excluded from the conflict of interest requirements. This includes matters that apply to all or a substantial portion of ratepayers, electors or residents, and policies relating to allowances and benefits payable to Council members (provided it applies to all members equally). It is also possible for a Council member to attend a meeting even if they have a material conflict of interest but permission of the Minister for Local Government is required [s 75C(3)].

Council members are required to disclose the details of any gift or benefit received of an amount greater than the prescribed amount ($50 from 17 November 2022), and a register of gifts and benefits is to be maintained by each council [s 72A(4)].

Request by members of the public to address meetings

As well as attending Council meetings, in some Councils, members of the public can also make a prior request for permission to address the elected members and Council officers on relevant issues. In other Councils there are other opportunities to hear public views to reduce the length of formal meetings. Each Council will have a policy on how it deals with requests from residents to address the Council.

Committee meetings

As well as full Council meetings, sometimes Councils also have committee meetings. These committee meetings allow time for more detailed discussion on particular subjects or issues, such as planning applications. These committees make recommendations to the full Council, where the decisions are voted upon. In some cases, certain decisions can be delegated to these committees or even to individual council officers.

Information and briefing sessions

A Council, or the chief executive officer of the Council, may hold or arrange for the holding of a session (not being a formal meeting of a Council or Council committee required to be held under this Chapter) to which more than 1 member of the Council or a Council committee is invited to attend or be involved in for the purposes of providing information or a briefing to attendees (an information or briefing session) [s 90A(1)].

A matter must not be dealt with at a Council information or briefing session in such a way as to obtain a decision on the matter outside a formal meeting of the Council or a Council committee [s 90A(2)].

A Council information or briefing session must be conducted in a place open to the public during any period in which a matter that is, or is intended to be, on the agenda for a formal meeting of the Council or a council Committee is discussed at the session [s 90A(3)]. Some exceptions apply [see s 90A(4)].

Further requirements as to how such meetings may be run are detailed under the Local Government (General) Regulations 2013 (SA) [see reg 8AB].

Further information

Most local Councils produce information about the various policies and by-laws under which they operate. These are available from Council offices or Council websites. Further information can also be found on the Local Government Association of South Australia's website.