Local Government Act

In addition to investigating general Government Agency complaints, Ombudsman SA also has the power to investigate issues relating to public access to council meetings, or minutes of those meetings.

Legally, councils may exclude the public from meetings of council or council sub-committees under certain conditions and may then prevent access to the minutes of such meetings.

There are some circumstances where this is appropriate, but it is a power that should be used sparingly.

Ombudsman SA may investigate complaints where a council has excluded the public from a council meeting or where a Council has refused to provide copies of documents relating to a council meeting.

Ombudsman SA will consider whether the decisions in question met the criteria set out in the Local Government Act.  The Ombudsman is then obliged to respond to the complainant and provide a report to the Minister for State/Local Relations.

If the Ombudsman feels that the power has been exercised inappropriately, recommendations will be made to the Council to alter specific decisions or to change practices which may have resulted in such decisions.

If you feel a council has unlawfully excluded the public from a meeting or failed to provide access to the minutes of such meetings, you can phone Ombudsman SA to discuss the situation further, email us or lodge a complaint online.