25 June, 2026
The Hon. R.A. SIMMS (11:13): I rise to speak on the Local Government (Elections) (Periodic Elections) Amendment Bill on behalf of the Greens and to indicate that the Greens will be supporting the bill, albeit reluctantly. I recognise that we are in a difficult position collectively as a parliament, being in a situation where we are receiving advice from the Electoral Commission that they are not in a position to progress with the election within the expected timeframe. That really is a regrettable situation.
That said, myself and my colleague the Hon. Melanie Selwood have formed the view that in circumstances where the Electoral Commission has given clear advice that they are not in a position to progress with the election, and in circumstances where we have seen a state election that has been dogged with controversy and mistakes just months ago, we do not want to force the commission to plough ahead if they are not ready and to find ourselves casting a cloud over the outcome of that election.
Let's not forget, the last local government elections were not without controversy either. Indeed, who could forget the saga that we saw in the City of Adelaide, where nearly half of the council was stood aside because of issues to do with electoral fraud and the like. There have been lots of issues and we want to make sure that this next election runs as smoothly as possible. I think a five-month extension is fairly reasonable in that context. I do acknowledge deferring elections should only occur in the most extreme circumstances.
This bill seeks to make changes to the Local Government (Elections) Act 1999 and the Local Government Act 1999 to defer periodic local elections due to be held later this year to April 2027. Indeed, for the Greens, ensuring that local council elections operate effectively, and that the community can have confidence in those elections, is something of utmost importance. Understandably, my office has received feedback on the government's proposal from the local government sector, from a range of stakeholders—mayors, CEOs and various councillors—all of whom have strong and divergent views on this proposal.
There is, of course, no doubt that the legislation will cause a disruption to councils, from personnel, operation and budgetary perspectives. In particular, those members who were intending to retire at the end of their current term will face the unfortunate position of being required to stay on a little while longer. I understand there has been concern expressed by some councils that there may be an increase in by-elections during this period, but it is my understanding that the existing provisions in relation to by-elections will remain, and therefore quorum will not be impacted.
I also understand that councils will be required to make a range of strategic decisions in relation to the setting of their budgets. The bill has contemplated how the delay will impact on the governance and operational issues that councils face, including budgets, and I am satisfied that there are now the necessary and flexible provisions within the bill to enable councils to continue with their operational business during caretaker period. In forming a view on this legislation, the Greens have also consulted with the Local Government Association and we have heard feedback from a number of councils as well.
The LGA has expressed a fairly clear position on this and I certainly agree with these sentiments. They state:
Integrity in elections underpins our democracy, and councils, candidates and communities must be able to have confidence that local government elections can be delivered properly.
Given councils fund the delivery of local government elections through fees charged by the Electoral Commission, we expect any additional time provided will be used to address the issues identified. Councils and ratepayers should not bear the financial consequences of circumstances that are outside their control.
Any additional costs arising from the election deferral, including costs associated with Electoral Commission resourcing or operational issues, should not be passed on to ratepayers.
LGA has repeatedly warned about the challenges associated with delivering local and state elections in the same year. The Acting Electoral Commissioner's advice confirms this and highlights the significant pressures that can arise and it is unsurprising that we have now reached this tipping point.
That is a fair point. One of the other reasons why the Greens are supportive of this bill is it does finally deal with this issue of dealigning state and local government elections, and that has been a long-term issue that the LGA and others have advocated for. Indeed, it has certainly been the view of the Greens that we should have the council elections in a non state election year. It creates a lot fewer issues, not only for the Electoral Commission but also, of course, for people who are politically active and want to be involved in state and local campaigns and the like. The opportunity to finally fix that, which would have necessitated a delay in council elections whenever it was implemented, is also something that should be considered.
As I say, I do understand there are some concerns. I have a lot of sympathy with the concerns around people in the community who do not want to see council elections delayed, but in good conscience the Greens formed the view that we could not simply sit back and oppose this legislation, as others are seeking to do, and force the Electoral Commission into a situation where it is progressing with an election and then there is a series of problems that plague that election and a cloud is cast over that election.
That would not be a good outcome for the people of South Australia, so we have decided to support the legislation. I have indicated previously that we are, of course, open to amendments and addressing issues that may come out through the committee stage, but I understand that no amendments have been filed. With that, I conclude my remarks.