Terms and Conditions
1. THE CANDIDATE STATEMENT
1.1. What is a Candidate Statement - A candidate statement is an opportunity for a candidate to provide information and material in order to supplement and compliment information provided in a candidate profile. The choice to provide a statement is a discretionary one.
1.2. Regulatory Framework - Section 19A of the Local Government (Elections) Act 1999 states that nominated candidates may provide an electoral statement to the Local Government Association (LGA) to be published on the Internet. A candidate statement is electoral material as defined under the Local Government (Elections) Act 1999, and is taken to be authorised in accordance with section 27 of the Act. By submitting a statement for publication to the LGA, a candidate agrees to be bound by the terms and conditions set out below.
2. PURPOSE OF STATEMENT
2.1. The purpose of the statement is to supplement and complement information contained in the candidate's profile provided pursuant to section 19(2)(b) of the Local Government (Elections) Act 1999. Accordingly, the statement is to be read in conjunction with, and will be linked with, the candidate profile. The statement is provided to assist voters in making an informed choice.
3. CONTENT OF STATEMENT
3.1. Statement May Include - A candidate may include in their statement reference to the candidate's background, history, political persuasion, personal philosophy, qualifications, relevant experiences, policy position, goals the candidate intends to pursue if elected to office and any other information the candidate considers relevant, subject to these terms and conditions.
3.2. Statement Must Not Include - Candidates must ensure that a statement does not contain material or imputations which may be considered to be of an inaccurate, misleading, offensive, obscene, or defamatory nature. Material provided in a statement must not be for a purpose irrelevant or ulterior to the candidature.
3.3. Word Limit - The statement should be limited to approximately 750 words. The website will provide a finite space allocation for each statement.
3.4. Format of Statement - The statement must include only text. Any footnotes will not be included in a published statement. The statement must not contain photographs, images, or symbols.
3.5. Use of Hyperlinks and or Reference to External Material - Any active hyperlink providing access to an external web address or content will not be available as an active link within a published statement (only the URL will be published). A reference or direction to external material (for example through inclusion of a URL) may only be included where the external material does not contain material or imputations which may be considered to be of an inaccurate, misleading, offensive, obscene, or defamatory nature.
3.6. One only WORD (.doc not .docx) or PDF document, not be greater than 4MB in size, may be uploaded as an attachment to the statement. This attachment must not contain material or imputations which may be considered to be of an inaccurate, misleading, offensive, obscene, or defamatory nature.
4. SUBMISSION OF STATEMENT
4.1. Submission - A candidate must submit their statement within 5 business days after the close of nominations. Submissions may be submitted electronically via email to localelections@lga.sa.gov.au, or alternatively, in writing posted or delivered to the LGA's office at 148 Frome Street, Adelaide SA 5000.
4.2. Contact Details - When providing a statement a candidate must nominate their preferred contact details to allow the LGA to contact them in the event the statement is rejected. Electronic mail addresses are the preferred mode of communication given the limited time frame available for submission and, in the event of rejection, re-submission of a statement.
5. PROCEDURE UPON RECIEPT OF STATEMENT
5.1. Assessment - All statements received will initially be assessed by a member of a panel. The panel will be comprised of persons appointed by the LGA. Each statement will be assessed according to the requirements set out in these Terms and Conditions. Assessment of each statement will be conducted as soon as reasonably practicable upon receipt, and where possible, by 4pm on the next day after receipt, with the exception of statements received on the closing day.
5.2. Role of Panel - A panel member will assess the statement to ensure it complies with these terms and conditions.
5.3. Amendments to the Statement - Neither a panel member nor the LGA will amend or edit the contents of a statement. It is the sole responsibility of the candidate to ensure their statement complies with these terms and conditions. A candidate may not amend or otherwise edit his/her statement once it has been submitted.
5.4. Rejection of Statement - Where, in the opinion of a panel member, the statement is non-compliant, it will be rejected by the LGA.
5.5. Notification of Rejection - Upon a determination by a panel member to reject a statement, provided the closing date has not elapsed, the candidate will be notified by the LGA of the rejection and will be provided with reasons for the rejection. Notification will occur through the preferred mode of communication nominated by the candidate under clause 4.2 above.
5.6. Opportunity to Resubmit - Upon receipt of notification that a statement has been rejected, a candidate may amend the statement and, providing the closing date has not elapsed, may re-submit it to the LG Candidates website. Candidates have only one opportunity to resubmit an amended statement, in that any statement that is rejected after re-submission will not be eligible for further re-submission.
5.7. Submission of Statement on the Closing Day - If a candidate submits a statement on the closing day, the candidate waives his/her entitlement to resubmit in the event the statement is rejected.
5.8. Withdrawal of Statement - A candidate may request to withdraw a statement at any time after submission, providing the closing date has not elapsed. After the closing date, a statement cannot be received, withdrawn or otherwise varied.To withdraw a statement you must make a request in writing via email to the administrator at localelections@lga.sa.gov.au.
5.9. Acceptance and Publication - Where, in the opinion of the panel, a candidate's statement complies with the terms and conditions, it will be published by the LGA within the specified time frame (i.e. within 14 days of the close of nominations). As set out above in clause 2.1 the statement is to be read in conjunction with the candidate's profile. Accordingly, each candidate statement will be linked to the corresponding profile.
5.10. Format of Publication - All statements will be published on the Internet in a uniform manner by the LGA. That is, all text will be formatted in the same size and font as determined by the LGA.
5.11. Removal After Publication - The LGA reserves the right to remove a candidate statement from the LG Candidate website at any time where the statement does not comply with these terms and conditions. A candidate will be notified of the removal and reasons will be provided. A candidate may not re-submit a profile after the closing date.
6. INTEGRITY OF STATEMENT
6.1. Responsibility and Liability - Candidates are solely responsible for the accuracy and content of the information contained within the statements provided (including within any uploaded document and/or external material referenced within the statement). Neither the LGA, nor any other person (whether an Internet Service Provider or otherwise) accepts any civil or criminal liability with respect to the publication of a statement. Further the LGA's role with respect to the candidate statement is limited to the administration and publication of the statement. Accordingly, the LGA does not endorse the content of any candidate statement and any material contained therein does not represent the view or position of the LGA.
6.2. Local Government (Elections) Act 1999 - Under the Act 'electoral material' means an advertisement, notice, statement or representation calculated to affect the result of an election or poll. Section 28 of the Act provides that it is an offence to publish electoral material containing a statement of fact which is inaccurate and misleading to a material extent.
6.3. Complaints - Any complaint regarding the content of a published candidate statement must be directed to the Electoral Commissioner by contacting 1300 655 232 (cost of a local call) or e-mail ECSAcomments@sa.gov.au