Almost 50 South Australian elected local government council members are likely to lose their positions for failing to disclose gifts given to them during their election campaigns.
Under state law, gifts over $500 must be reported, while candidates who do not receive any gifts are still required to submit returns to the Electoral Commission of South Australia (ECSA).
In a statement to parliament, Local Government Minister Geoff Brock said 46 mayors and councillors had not done so following the council elections held last November.
"This requirement ensures that councils' constituents are aware of gifts their members have received, and who has provided them," he said.
"It is fundamental to the proper transparency and accountability of council members' decision making; it is also not onerous."
Mr Brock, a former mayor, said the elected members had been advised of the requirement 12 times during and after the election, including in letters sent via registered mail.
That letter said their positions would become vacant if they did not submit their returns.
'No discretion' for delayed returns
In a statement, the Electoral Commission said there was "no discretion" for council members who failed to lodge their disclosure returns.
It said 45 elected members were affected.
"Affected elected members may lodge an application with the South Australian Civil and Administrative Tribunal (SACAT) to seek reinstatement," it said.
"More than 1,200 candidates nominated for the 2022 local government elections and, of those, the vast majority have complied with the legislative requirements.
"It is the elected member's responsibility to ensure that they understand and comply with the relevant legislation. ECSA provides extensive guidance to candidates to assist them to meet their legislative obligations."
Elections to replace the council members have been delayed a month to wait for the outcome of any appeals.
One mayor that appears to be affected is Prospect Mayor Matt Larwood, who has one rather than two campaign donation forms posted on the Electoral Commission's website.
About 40 of those affected are from regional areas.
CEOs told names but not public
The Electoral Commission has now alerted council CEOs, naming the members whose returns have not been filed.
Mr Brock did not name the council members, although none are from Adelaide City Council.
"It should not be forgotten that primarily it is the responsibility of each and every elected representative, whether from this place or from councils, to ensure that they meet all of the legislative requirements that apply to them," Mr Brock said.
"It is deeply disappointing that so many members of councils and the councils themselves are at this juncture."
The requirement to report returns has been in place for 20 years, but in previous elections mayors and councillors were required to report to the councils' chief executive officers.
Local Government Association president Dean Johnson said the change may be the reason why so many councillors were non-compliant.
"Previously, the CEO has been required to ensure that the forms were lodged," he said.
"That has changed at this election and the responsibility now falls on individual members, which is completely fair, and it's disappointing to think that many haven't managed to do that."
Mr Brock said no council member had ever lost their position over a failure to report gifts.
Editor's note February 10, 2023: An earlier version of this article misattributed a quote from another person to Prospect Mayor Matt Larwood. The quotes have since been removed.
