Nearly 50 councillors have their positions vacated after failing to lodge returns with Electoral Commission of SA

Almost 50 new councillors face losing their positions, sparking extra elections, because they failed to declare gifts received during the campaign.

Nearly 50 newly-elected councillors have been stood down – and further elections are likely – because they did not submit required information to the Electoral Commission of South Australia in time.

Local Government Minister Geoff Brock told parliament on Thursday that 45 council members failed to lodge their returns by the required deadline.

“Therefore, their positions are likely to become vacant,” he said.

Local Government Minister Geoff Brock. Picture: NCA NewsWire/Dean Martin

Mr Brock said the members could now apply to the SA Civil and Administrative Tribunal, which may restore their positions if it can be satisfied the failure to lodge “arose from circumstances beyond the member’s control”.

Proceedings for a second round of elections will not start until the deadline for making such applications to SACAT has expired.

The councillors in question, who were not named by Mr Brock, have until the end of the month to lodge their applications.

Under the legislation, all council candidates must complete returns that declare gifts they received during their campaign.

Gifts less than $500 in value do not need to be declared, and members who do not receive any gifts must still submit a statement to the Electoral Commission (ECSA).

Mr Brock said the process was “not onerous” and it was “appalling” to consider the cost of supplementary elections that will likely need to be conducted.

He said elected members were reminded 12 times of their obligation to submit the returns, including in a letter sent by registered mail warning their position would become vacant if they failed to meet the deadline.

“I emphasise, and it should not be forgotten, that it is the responsibility of each and every elected representative … to ensure that they meet all of the legislative requirements that apply to them,” he said.

“It is deeply disappointing that so many members of councils and the councils themselves find themselves at this juncture.”

Local Government Association chief executive Clinton Jury agreed the situation was disappointing.

“The LGA will continue to work with the state government and ECSA on ways to improve the election process, including how best to avoid instances like this,” he said.

In a statement, ECSA said legislation required elected members to lodge two disclosure returns.

“If these are not submitted within the designated timeframe, legislation requires that they must vacate their position on council,” it said. “The legislation allows no discretion.”

The Commission said the “vast majority” of more than 1200 candidates who nominated for the 2022 local government elections complied with legislative requirements.

“It is the elected member’s responsibility to ensure that they understand and comply with the relevant legislation,” it said.

“ECSA provides extensive guidance to candidates to assist them to meet their legislative obligations.”

It said it was not appropriate to name the affected councillors because the matters could be subject to SACAT legal proceedings.