Local Government (General) Regulation 2021

After a casual vacancy occurs that is to be filled by a countback election, the general manager of the council concerned must, in relation to an election administered by an electoral services provider, give notice of the vacancy to the electoral services provider within 7 days.

After a casual vacancy occurs that is to be filled by a countback election, the electoral services provider concerned (in relation to an election administered by an electoral services provider) or the Electoral Commissioner (in relation to an election administered by the Electoral Commissioner) must—

give notice of the vacancy to the returning officer who conducted the election at which the person whose departure created the casual vacancy was elected or, if it is not possible for the returning officer to conduct the countback election, the substitute returning officer at that earlier election, or

if not possible for that returning officer or that substitute returning officer to conduct the countback election, appoint a returning officer in accordance with the Act.

The notice under subsection (1) must be given or appointment made—

in relation to an election administered by an electoral services provider—within 14 days of the electoral services provider being notified of the casual vacancy under subsection (1A), or

in relation to an election administered by the Electoral Commissioner—within 14 days of the Electoral Commissioner being notified of the casual vacancy under section 285 of this Regulation.

Within 14 days of being given notice or being appointed, the returning officer who is to conduct the countback election must—

arrange for the publication of a notice of the casual vacancy as follows—

in relation to an election administered by an electoral services provider—on both the council’s website and the electoral services provider’s website,

in relation to an election administered by the Electoral Commissioner—on the websites of the Electoral Commission and the relevant council, and

give notice in accordance with this section to each person (at the person’s last known address or by email to an email address specified by the person for the giving of notice of this kind) who, in the opinion of the returning officer, may be entitled to make an application under this Schedule in relation to the vacancy.

The notice under subsection (3) must—

declare that a casual vacancy in the office of a specified councillor exists that is to be filled by a countback election, and

advise that a person may apply to be a candidate in accordance with this Schedule, and

specify the date and time that applications close, and

specify the date, time and place for the conduct of the countback election, and

advise that an eligible candidate is entitled to appoint scrutineers for the countback election, and

give the contact details of the returning officer.

The date for the conduct of the countback election must be the date which in the opinion of the returning officer is the earliest practicable date to conduct the countback election, but is—

at least 14 days after the date of the publication of the notice of the relevant council’s website, and

not more than 49 days after the date of the casual vacancy occurring.