New Disclosure Requirements for Local Government Election Candidates

The Local Government (Elections) (Disclosure and Prescribed Elector) Amendment Regulations 2026 (Amendment Regulations) commenced on 27 August 2026, introducing additional disclosure obligations for persons seeking to stand as a candidate in South Australia’s local government elections. Most importantly, the Amendment Regulations now require candidates to disclose certain adverse findings made against them in connection with their role as a council member.

Section 19 of the Local Government (Elections) Act 1999 requires every candidate nomination to be accompanied by a candidate profile that complies with the Local Government (Elections) Regulations 2025. The Amendment Regulations expand those requirements by mandating that a candidate's profile must include a statement disclosing any applicable adverse finding made against them and identifying the entity responsible for making that finding.

What is an ‘adverse finding’?

For the purposes of the Amendment Regulations, an adverse finding is limited to certain orders, recommendations or findings made on or after 17 November 2022 in connection with a person's role as a council member, provided the outcome has been made public. 

These include:

• orders made by the Behavioural Standards Panel under section 262W(1) of the Local Government Act 1999 (LG Act);
• recommendations made by the Ombudsman under section 25(2) of the Ombudsman Act 1972, including recommendations under section 263B(1) of the LG Act; 
• orders made by the South Australian Civil and Administrative Tribunal under section 267(1) of the LG Act; and 
• findings of the District Court or Supreme Court that a candidate has committed an offence or engaged in conduct referred to in section 5(1) of the Independent Commission Against Corruption Act 2012.

The Amendment Regulations also provide detailed guidance as to when an order, recommendation or finding will be taken to have been made public, including where such orders, recommendations or findings have been published by the relevant entity, or considered at a public meeting of the Council.

Practical implications

The new disclosure requirements appear to be directed towards increasing transparency and ensuring voters have greater visibility of publicly reported conduct findings relating to current or former elected members seeking election. Councils and prospective candidates should familiarise themselves with the new requirements prior to the opening of nominations to ensure candidate profiles comply with the Amendment Regulations. 

The changes represent a noteworthy shift in the information that must be provided to voters and are likely to attract close attention in the upcoming local government elections scheduled for April 2027. 

If you have any questions or would like further advice in respect of the changes introduced by the Amendment Regulations, 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.