The Chief Executive Officer must, at the request of either:-

• the Principal Member of Council; or
• at least 3 Members of Council; or
• a Council Committee at which at least 3 Members of Council vote in favour of the making of the request, call a Special meeting of Council.

The Chief Executive Officer must be provided with an Agenda for the Special meeting at the time that a request is made (and if an Agenda is not provided then the request has no effect).

Special Council meetings may be held at any time and are generally held in the Council Chamber, Gawler Civic Centre, 89-91 Murray Street, Gawler.

Meetings are open to the public - and the public will only be excluded when considered proper and necessary i.e. the need for confidentiality outweighs the principle of open decision making.

Agendas for meetings are required to be available to each Member of Council at least 4 hours before the commencement of meetings. We will endeavour to have Agendas (excluding confidential information) available on this website in the same timeframe.

Minutes of meetings are required to be available to each Member of Council within 5 days after meetings. We will endeavour to have Minutes (excluding confidential information) available on this website in the same timeframe.

A review of the reports or documents that have been considered under the provision of sections 90(3) and 91(7) of the Local Government Act will is generally conducted every 6 months. Orders that operate for more than 12 months must be reviewed annually and the Council must assess whether the grounds for non-disclosure are still relevant and, if so, provide the relevant grounds and reasons for the minutes and/or documents remaining confidential.

The Confidential Items Register includes confidential items for the years that still have items being kept in confidence. For a full list of the register dating back to 2007/08, please contact Council's Governance Staff

This Register will be updated periodically following the review by Council.

Register of Items Retained in Confidence as at 11 August 2023

Subdivision 4 - Conflict of interest of the Local Government Act 1999 dictates how a Council Member declares a general or material conflict of interest at a Council or Council Committee meeting and how it is recorded in the minutes of the meeting.

If a member discloses a general conflict of interest in a matter to be discussed at a meeting of the Council the following details must be recorded in the minutes:

• the member’s name;
• the nature of the interest as described by the member;
• the manner in which the member dealt with the actual or perceived conflict of interest;
• if the member voted on the matter, the manner in which he or she voted;
• the manner in which the majority of persons who were entitled to vote at the meeting voted on the matter.

If a member discloses a material conflict of interest the following details must be recorded in the minutes of the meeting:

• the member’s name;
• the nature of the interest as described by the member;
• if the member took part in the meeting under an approval from the Minister, the fact that the member took part in the meeting.

Declarations of Interest at Council and Committee Meetings 2021/22

Declarations of Interest at Council and Committee Meetings 2020/21

Declarations of Interest at Council and Committee Meetings 2019/20

Declarations of Interest at Council and Committee Meetings 2018/19

The Town of Gawler welcomes and encourages public attendance at all Council and Committee Meetings and Council workshops.  The general public are welcome to attend and listen.

Members of the public can request to speak as a formal deputation or during 'Public open forum'.

You need to be aware that although your views are welcomed, you will not be able to take a direct part in the debate on any item.

You can come and go at any time, but please try to avoid disrupting the meeting when leaving. We try and ensure items of public interest are discussed early on in the agenda.

The safety of the public, Council Members and staff is paramount and as such no person, except Council Members and employees shall be permitted beyond the podium.

As a general rule information is not to be handed out to Council Members at Council and or Committee meetings. Any information wanting to be presented to Member requires approval from the Mayor or Chair before the meeting.

At Council and or Committee meetings the Mayor or Chair will make it clear to the gallery that the Council Member seating area cannot be accessed during meetings.

No person shall be permitted to engage in conversation with Council Members or staff during meetings without the express permission of the Mayor or Chair.

Members of the public are encouraged to have discussions with Members before or after meetings.

Disruptive behaviour will not be tolerated and in accordance with Section 30 of the Local Government (Procedures at Meetings) Regulations 2013 a member of the public behaves in a disorderly manner or cause an interruption they face a maximum penalty of $500.00.

All Members are asked to be mindful of potential safety concerns and bring such concerns to the attention of the Mayor or CEO who will then consider what action, if any may be deemed appropriate/necessary.

Anger, rudeness, ridicule, obscene or profane language, impatience and lack of respect for others and personal attacks are not acceptable behaviour.

In the event that the meeting attendees become unruly either individually or as a group where it is deemed that a threat to public safety or to an individual exists, the Mayor or Chair may suspended the meeting and police attendance requested.

Any person making irrelevant, inappropriate or offensive remarks, who becomes boisterous while addressing the Council, may be cautioned by the Mayor or the Chair and only be given the opportunity to conclude his or her remarks on the subject in an appropriate manner and within the designated time limit at the discretion of the Mayor or the Chair.

Any person failing to comply as cautioned shall not be allowed to remain as part of the public gallery.

The Mayor, for the purpose of maintaining order and decorum at the meeting, may direct the CEO to escort them from the meeting. Failure to comply could result in police attendance.

Deputations

The Local Government (Procedures at Meetings) Regulations 2013 (the Regulations) prescribe that a person may appear as a deputation and address a meeting.

Members of the public can request to appear as a deputation, subject to approval by the Presiding Member, at the following meetings:

1. Ordinary Council
2. Special Council
3. Infrastructure and Environmental Services Committee
4. Corporate and Community Services Committee

Requests for deputation must be made 48 hours prior to a meeting, in writing to the CEO pursuant to Regulation 11.  Requests must include the following information:

1. Requestor's Name
2. Contact phone number
3. The topic of the deputation being requested and if the requestor has addressed Council previously on the topic, the number of times.

Deputation requests including the required information to support the request are to be submitted to Governance in writing, addressed to the CEO via one of the following methods:

• Email:  council@gawler.sa.gov.au
• Post: PO Box 130, Gawler SA 5118
• Hand delivered: Town of Gawler Administration Centre, 43 High Street, Gawler East

Topics for deputations should be relevant to an item included on the agenda for a particular meeting.  A five minute time limit applies to deputations.

If a request for a deputation is not received within the stipulated timeframe and therefore does receive approval for a particular meeting, members of the public have the opportunity to appear at council meetings and some committee meetings through the Public Open Forum.

More detail is available in Section 8 Deputations in the Code of Practice for Council and Committee Meeting Procedures which can be accessed via the link at the bottom of this page.

Public Open Forum

The Public Open Forum aims to promote community participation and engagement in the business of the Council, by providing the opportunity for members of the public to address Council and some Committees on any matter.

A Public Open Forum (the Forum) will be held at the following meetings:

1. Ordinary Council
2. Infrastructure and Environmental Services Committee
3. Corporate and Community Services Committee
4. Gawler Youth Advisory Committee

The time limit for the Public Open Forum is 20 minutes. The Presiding Member shall ascertain at the commencement of the Forum the number of persons desiring to speak. The time available shall be allocated to the speakers on equal basis with the provision that a maximum of 5 minutes per speaker.

The Forum shall be chaired by the Presiding Member and speakers shall be asked to observe rulings by the Presiding Member.

A person who has addressed a meeting on a matter via deputation, cannot utilise a Public Open Forum to speak on the same matter again.

More detail is available in Section 10 Public Open Forum in the Code of Practice for Council and Committee Meeting Procedures which can be accessed via the link at the bottom of this page.

Petitions

A petition to Council must:

1. be legibly written or typed or printed;
2. clearly set out the request or submission of the petitioners;
3. include the name and address of each person who signed or endorsed the petition; and
4. be addressed to Council and delivered to the principal office of the Council.

If a petition is received complying with the requirements specified in clause 9.1 of the Code of Practice for Council and Committee Meeting Procedures; the Chief Executive Officer shall place a statement as to the nature of the request or submission, and the number of signatures or the number of persons endorsing the petition on the agenda for the next ordinary meeting of Council.

Electronic petitions will be accepted by Council but must meet the following requirements.

1. Include the name and address of the supporter of the petition.
2. Petition must clearly set out the request or submission for the petitioners.
3. Petition must be directed to council by mail or attached as a document or link to an email to council@gawler.sa.gov.au.

Committees of Council (Section 41)

A number of committees have been established to streamline the consideration of Council business in accordance with the requirements of the Local Government Act 1999 (Section 41).

• Corporate & Community Services Committee - held bi-monthly on the second Tuesday of the month at 7pm.  Terms of Reference
• Infrastructure & Environmental Services Committee - held bi-monthly on the second Tuesday of the month at 7pm.  Terms of Reference
• Gawler Youth Advisory Committee - Terms of Reference
• Gawler Heritage Collection Committee - Terms Of Reference
• Heritage Collection Committee Nomination Form

Meetings are open to the public and the public will only be excluded when considered proper and necessary, where the need for confidentiality outweighs the principle of open decision making.

Other Committees

• Audit Committee (Section 126 of the Local Government Act 1999)
• Chief Executive Officer Performance Management Panel
• Council Assessment Panel (Section 82 and 83 of the Planning, Development and Infrastructure Act 2016)
• Building Fire Safety Committee (Section 157 of the Planning, Development and Infrastructure Act 2016)

Terms of Reference

Terms of Reference - Audit & Risk Committee

Terms of Reference - CEO Performance Management Panel

Terms of Reference - Council Assessment Panel

• Council Assessment Panel Operating Procedures

Terms of Reference - Building Fire Safety Committee

Regional Subsidiaries

• Gawler River Floodplain Management Authority (Section 43 under the Local Government Act 1999)
• Northern Adelaide Waste Management Authority (Section 43 under the Local Government Act 1999)

Meetings are open to the public and the public will only be excluded when the need for confidentiality outweighs the principle of open decision making.

Working Groups

• Elderly Centre Advisory Working Group - Terms of Reference - Elderly Centre Advisory Group
• Reconciliation Action Plan (RAP) Working Group - Terms of Reference - Reconciliation Action Plan (RAP) Working Group
• Ageing Well Advisory Group - Terms of Reference - Ageing Well Advisory Group
• Football & Associated Sporting Clubs Future Infrastructure Needs Working Group - Terms of Reference - Football & Associated Sporting Clubs Future Infrastructure Needs Working Group

Members of the public are welcome to attend meetings.

All of a Council’s powers come from legislation. The decision making process for a Council starts with a statutory power or function conferred upon a Council by statute. The way in which a Council makes decisions is by resolutions passed at Council meetings. A Council does not act or make decisions through its individual Council Members but as a whole. However administratively and practically, a Council cannot itself attend to each and every matter and issue that arises for action and determination.

Section 44 of the Local Government Act 1999 (the Act) provides that the Council may delegate a power or function vested or conferred under this or another Act. Some other Acts also contain a specific power of delegation.   Section 101 of the Act provides that the Chief Executive Officer may delegate (or sub-delegate) a power or function vested or conferred in or on the Chief Executive Officer and sets out various other matters in relation to delegations (or sub-delegations) by the Chief Executive Officer.   A delegation or sub-delegation by the Chief Executive Officer made under Section 101 of the Act may be made to an employee of the Council or to the employee for the time being occupying a particular office or position, a committee comprising employees of the Council, or an authorised person.

To carry out a broad range of its statutory functions, powers and duties Council has delegated to the Chief Executive Officer the power to appoint authorised persons under section 44 of the Local Government Act 1999.

Delegations Register

• Register of Delegations updated 23 February 2021
• Instrument A - Delegations under the Planning Development and Infrastructure Act 2016 updated 27 April 2022