Local Government Act 1993

If a casual vacancy occurs in the office of an elected councillor, the office must be filled in accordance with Chapter 10, Part 5.

Despite subclause (1), if a casual vacancy in the office of an elected councillor occurs within 18 months before the date specified for the next ordinary election of the councillors for the area, subclause (3) applies.

The Minister may, on the application of the council—

order that the vacancy not be filled, or

order a countback election be conducted under section 291A(3)–(6) to fill the vacancy, or

appoint a person to fill the vacancy.

A person appointed under subclause (3)(c)—

is taken to be an elected member, and

holds the office for the balance of the predecessor’s term.

Section 295 does not apply to a casual vacancy in the office of an elected councillor.