Beyond the Date Change: Some Practical Consequences of the 2027 Periodic Election Deferral

Following the virtually unprecedented deferral of the council periodic elections, we take a closer look at the caretaker, budget, governance and operational implications every South Australian council should be turning its mind to now.

On 2 July 2026, the Local Government (Elections) (Periodic Elections) Amendment Act 2026 (Amendment Act) officially commenced, formally deferring the periodic elections that were to be held in mid-November 2026, to mid-April 2027. The Amendment Act extends the terms of current elected members by 5 months and shifts the broader election cycle, with subsequent periodic elections now scheduled for November 2031, November 2035, and every four years thereafter. 

Annual Business Plan and Budget 

One of the most significant practical consequences lies in the collision between the April 2027 election timetable and the 2027‑28 Annual Business Plan and Budget process. 

Despite some fairly ambiguous drafting, the State Government’s position is that the Amendment Act has not moved the statutory adoption window provided within the Local Government Act 1999 (the LG Act) (being after 31 May 2027, but before 15 August 2027). 

However, practically speaking, for some councils, consultation on draft 2027–28 Annual Business Plans and Budgets may overlap with the election period. Final adoption and rate declarations will also fall squarely within the post-election induction and training phase of a brand-new elected membership.

It is also worth noting that, by the time councils are consulting upon 2027/28 Annual Business Plans and Budgets, all councils will be subject to the ‘community engagement’ provisions of the LG Act. The former ‘public consultation’ provisions will have ceased to apply for all councils.

Further, we anticipate that Annual Business Plan and Budget matters may, at least for some councils, become an electoral issue. It can therefore be anticipated that these issues may feature prominently in the (first ever) public meetings under section 91B of the Local Government (Elections) Act 1999, for some councils.

However, it is important to note that such public meetings are separate to the ‘community engagement’ required under the LG Act.

For all of the above reasons, early planning in respect of the timelines for the consultation and adoption process for the 2027/28 Annual Business Plan and Budget will be critical.

Caretaker period 

Under the Amendment Act, the close of nominations (and therefore the default commencement of the caretaker period) will fall on Tuesday, 9 February 2027. 

Council caretaker policies which specify a fixed 2026 commencement date, rather than referencing an event such as ‘close of nominations,’ will likely need to be amended.

Councils should also consider the potential impacts on procurement and contracting activities and make contingency arrangements to minimise decision making and scheduling delays that the deferred election and new caretaker period may otherwise cause. 

Appointments to certain offices

The Amendment Act also presents some issues with respect to the appointment or continuation in office of certain officeholders. 

For example, based on the drafting of the Amendment Act, it is unclear what will occur if an elected Mayor resigns prior to 1 January 2027, and whether an Acting Mayor may be appointed. Transitional regulations will need to be made to clarify this issue.

There are also some ambiguities with respect to the continuation in office of Deputy Mayors, committee members, external appointees, and also principal members who are not popularly elected but who are instead chosen from among the council members (i.e. chairpersons, being a species of principal member which will now go extinct in 2027, rather than 2026). It is hoped that transitional regulations will be made to clarify these issues.

However, if no such regulations are made, councils may need to make various reappointments in order to avoid vacancies. Councils should therefore be turning their minds to when terms of office are presently scheduled to expire, and whether reappointments will or should be made.

What your council should be doing now 

The overarching message for councils is that preparation for the April 2027 periodic elections should begin now. Councils should:

• review and, if necessary, amend their caretaker policy;
• map out timelines for the 2027–28 Annual Business Plan and Budget process;
• review procurement, contracting and project decision-making schedules through to April 2027; 
• identify decisions likely to fall within the revised caretaker period;
• consider whether it may be necessary to reappoint the Deputy Mayor, committee members, external appointees, and chairperson prior to April 2027; and
• begin preparing an induction and training program for incoming elected members, so they are best placed to hit the ground running when elected in April 2027.

Councils should also remember to update any printed or digital content that currently refers to the November 2026 periodic elections, so that it instead refers to the April 2027 periodic elections.

Norman Waterhouse would be pleased to assist councils in reviewing policies and timelines, and in providing detailed advice on the governance implications flowing from the Amendment Act.

Please contact Felice D’Agostino on +61 8 8210 1202 at fdagostino@normans.com.au, or Dale Mazzachi on +61 8 8210 1221 at dmazzachi@normans.com.au with any queries regarding the operation and implications of the deferral of the periodic elections.