local government act

From 4 October 2018, SACAT will have a disciplinary jurisdiction under the Local Government Act 1999 (SA). This will allow SACAT to receive and determine disciplinary actions against councilors.

Under the Act SACAT is given the power to order:

  • A reprimand
  • A fine not exceeding $5000
  • Requiring a person to attend a specified course of training or instruction
  • Requiring a person to apologise or take other steps
  • Requiring the person to reimburse the council
  • Suspending the person from office
  • Disqualifying the person from office
  • Disqualifying the person from being a member of a council, council committee, or subsidiary of a council for a period not exceeding 5 years.

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

When applying to SACAT you must be in a position to:

  • Identify the provision(s) of legislation you rely on.
  • Advise the conduct said to justify the disciplinary findings identifying the relevant provision of legislation relied on.
  • Identify the facts, acts or omissions alleged to constitute the conduct that justifies the disciplinary finding.
  • Provide any supporting documents.
  • pay any applicable fee payable to make an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the words ‘local government’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

 

If you have any further questions or you would like a staff member from SACAT to assist you in completing the application please call SACAT on 1800 723 767 (and press menu option 4, then 7).

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options.

Reviews of decisions under the Local Government Act 1994 (SA)

SACAT also has jurisdiction to review certain decisions made by a local council. For more information click here.

SACAT also has original jurisdiction to restore a member whose office becomes vacant for failure to submit a return. For more information click here.

Relevant legislation:

 Local Government Act 1999 (SA)