Primary Returns & Annual Returns (s5.75 & s5.76 of the Local Government Act 1995)
The Local Government Act 1995 requires elected members, Chief Executive Officer (CEO) and certain employees to make decisions in the best interests of the community, and decision-making must be transparent, accountable and free from bias or conflicts of interest.
A relevant person is defined under section 5.74 of the Local Government Act 1995 (the Act) as a person who is a:
- mayor or president
- council member; and
- designated employee
Designated employees include:
- CEO;
- employees with delegated powers and duties under Part 5, Division 4 of the Act;
- emplioyees who are members of committees comprising elected members and employees; and
- other employees nominated by the local government
A primary return is a snapshot of personal financial information as it exists upon the relevant person’s start date and must be lodged within three months of the start date.
An annual return retrospectively discloses any changes to the information previously disclosed in the primary return or new interests accumulated for the period since completing the primary return or last annual return and must be lodged no later than 31 August in any year.
In accordance with the Local Government Act 1995 and Section 29C(2)(d) and (e) of the Local Government (Administration) Regulations 1996 local governments are required to publish a list of elected members and employees (by position) that lodged a primary return or annual return for each financial year, commencing after 1 July 2020.
Further information in relation to Primary and Annual Returns can be found on the Department of Local Government website.