South Australian Current Acts South Australian Current Acts (1) The following
proceedings may be taken before, and determined by, the District Court:
(a)
proceedings to try the title of a member to an office;
(b)
proceedings to try the right of a person to be admitted or restored to an
office;
(c)
proceedings to compel restoration or admission;
(d)
proceedings to compel a council to proceed to an election, poll or
appointment;
(e)
proceedings to try the validity of a rate or service charge;
(f)
proceedings to try the validity of a by-law;
(g)
proceedings to compel the production or delivery of any books, voting-papers,
or other documents or papers to the production or possession of which a
council or person is entitled under this Act.
(2) The proceedings
may be brought by—
(a) the
council; or
(b) an
elector; or
(c) the
Minister; or
(d) any
other person with a material interest in the matter.
(3) Proceedings under
subsection (1)(a) must be commenced within two months from the date on
which the person was elected or appointed to the relevant office, or on which
the cause arose by reason of which the person is liable to be ousted from the
relevant office (as the case may be).
(4) Proceedings under
subsection (1)(e) must be commenced within two months from the date of
publication of the notice of the declaration of the rate or service charge in
the Gazette.
(5) The District Court
may make an order—
(a)
declaring a person not to be entitled to the office then occupied by that
person, and that the office or place is vacant, or that another person is
entitled to the office;
(b)
requiring the council to proceed to take the necessary steps for and to hold
an election or poll, or to make an appointment;
(c)
compelling a person or persons to proceed to any ballot or poll that may be
necessary;
(d)
quashing a rate or service charge which is invalid;
(e)
declaring a by-law to be invalid;
(f)
compelling the production or delivery of any books, voting-papers, or
documents by or to a council, or an employee of a council, to or by a person.
(6) No order to admit
or restore a person to an office can be made while another person occupies the
office.
(7) Except to the
extent that this or another Act provides an express right to bring particular
proceedings 1 , no proceedings may be brought before a court or tribunal
constituted by law—
(a) to
admit or restore to office, or to compel a council to proceed to the election
or appointment of, a principal member, councillor, auditor, officer or other
person to an office in, or in the appointment of, the council; or
(b) to
compel a person or persons to proceed to a ballot or poll; or
(c) to
challenge a valuation, assessment, rate or service charge, or to make or allow
an alteration to a valuation, assessment, rate or service charge; or
(d) to
compel the production or delivery of any books, voting-papers or other
documents or papers, to the production or possession of which a council or a
person may be entitled under this Act.
Example—
1 A person may bring certain proceedings before
the Court of Disputed Returns under the
Local Government (Elections) Act 1999 .