To view or download this policy as a PDF click Governance and Elected Member Policies Documents

Purpose

The purpose of this policy is to clearly outline the process undertaken by Council to fill a casual vacancy occurring less than 18 months, but not less than 6 months, before the next general election.

Scope

The policy applies to all Elected members and staff involved in filling casual vacancies.

Definition and Terms

Nil.

Legislation and Reference

Section 54(2) Local Government Act 2019

Policy Statement

The Council will at a meeting after the vacancy occurs, subject to section 54(2)(c) decide by simple vote whether to either:

1. hold a by‐election; or
2. appoint an eligible person as a Councillor until the next general election; or
3. not appoint any person to the vacancy.

1. By‐Election
   • 1.1
     If Council decides to hold a by‐election, then the Council shall engage the NT Electoral Commission to hold the by‐election.
   • 1.2
     The cost of the by‐election is borne by Council. The by‐election process may take up to 8 weeks to implement.
2. Appointment of a Councillor
   • Section 54 of the Local Government Act, 2019 applies if a casual vacancy occurs in the office of a member other than a principal member.
     If a casual vacancy occurs:
   • 2.1
     less than eighteen (18) months, but not less than six (6) months, before the next general election ‐ the council may, by vote of existing members, appoint a person to fill the vacancy until the next general election; or
   • 2.2
     six (6) months or less before the next general election ‐ the council may, by vote of existing members:

     • 2.2.1
       appoint a person to fill the vacancy until the general election; or
     • 2.2.2
       may leave the office vacant; or
   • 2.3
     eighteen (18) months or more before the next general election – the council must hold the general election.
3. Acceptance by the nominated person
   • 3.1
     The CEO will invite the nominated person to accept the role of Councillor. The person will become a Councillor after receipt of written acceptance from the preferred nominee within 5 days. The offer will lapse if a written response is not received within the 5 days.
   • 3.2
     If a person declines or does not accept the invitation, this has to be in writing. The decision will be taken back to Council to decide on the next steps.
   • 3.3
     Council may at any time during the process resolve by vote to conduct a by‐election.
4. Informing the Department
   • 4.1
     Council will inform the department of the results of the nomination and the details of the appointed Councillor.

Review History