Electoral Act 1992

If—

the commissioner informs the Speaker that a casual vacancy has not been filled for a reason specified in section 191 (4) or 193 (2); and

the Speaker notifies the commissioner that the Assembly has chosen a person to hold the vacant office as an MLA for the rest of the term of the former MLA;

If the name of the former MLA appeared on the ballot paper for the last election as a party candidate, the person chosen to hold the vacant office shall be a member of the party who is nominated by the party.

If a person chosen in accordance with subsection (2) ceases to be a member of the party before the Assembly next meets after the declaration under subsection (1), the person shall be taken not to have been chosen.

If—

the name of the former MLA appeared on the ballot paper for the last election as a candidate other than a party candidate; or

if subsection (2) would otherwise apply—there is no member of the relevant party available to be chosen;

If a person chosen in accordance with subsection (4) becomes a member of a registered party before the Assembly next meets after the declaration under subsection (1), the person shall be taken not to have been chosen.

For subsection (3), a person shall not be taken to have ceased to be a member of a registered party merely because the party has ceased to exist or has been removed from the register of political parties.