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Complaints against councils (Local government)

Complaints against a Council may arise from a decision made by the Council or an action they have taken. They may include complaints about services provided or conduct of council employees or council members.

The first step in any complaint against a Council is to contact your Council office or your local Council member to make the complaint.

For contact information for all South Australian councils, see the Local Government Association of SA website.

The complaints process may vary depending on the type of matter. It is important to ask the Council for assistance in how to make a complaint for a particular matter. For instance, a complaint about barking dogs (animal control under the Dog and Cat Management Act 1995 (SA)) will have a different procedure to a complaint about orders requiring the removal of overhanging tree branches [section 254 of the Local Government Act 1999 (SA)].

For information on how to object to property valuations see Complaints about taxation (State government).

Internal review

If you are not satisfied with the outcome of a Council decision, in many instances you can ask the Council for an internal review [see Local Government Act 1999 (SA) s 270]. This request must be made in writing within six months of the original decision and a fee may apply. Limited extensions of time to apply for a review may be granted. Councils must make available their policy and procedures for conducting an internal review.

External review options

If the complaint has not been resolved through internal review you can contact the South Australian Ombudsman. The Ombudsman has the power to investigate complaints against local government agencies. They also conduct reviews of freedom of information decisions made by councils.

Certain council decisions can also be reviewed by the South Australian Civil and Administrative Tribunal SACAT, for example:

  • Review of orders made pursuant to section 254 of the Local Government Act 1999 (SA) which include orders that an owner or occupier of land fence, empty, drain, fill or cover land, or remove vegetation, overhanging branches, or trees [s 256]
  • Applications to alter assessment records [s 173]

Certain complaints about Council members can be made to the South Australian Ombudsman [s 263A] and SACAT [s 264].

Behavioural standards

The Minister for Local Government may establish behaviour standards pursuant to the Local Government Act 1999 (SA) for Council members [s 75E], while councils may prepare and adopt behavioural standards for council employees [s 120A]. Each council must also adopt a policy relating to the management of behaviour of Council members on the commencement of section 262B, although a policy does not have to be adopted until 10 November 2023 and the Local Government Association's Model Behavioural Management Policy will apply until a policy is adopted [Local Government (Transitional Provisions) Regulations 2021 reg 16].

Part AI of the Local Government Act 1999 (SA) addresses member behaviour and establishes the Behaviour Standards Panel. Many of the provisions relating to the Panel have not yet commenced [as at November 2022].

Council members and employees are required to disclose the details of any gift or benefit received of an amount greater than the prescribed amount ($50 at 17 November 2022), and a register of gifts and benefits is to be maintained by each council [ss 72A and 119A]. Members and employees cannot seek out or receive a gift or benefit that influences their performance as an employee.

Complaints against councils (Local government)  :  Last Revised: Mon Nov 21st 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.