Local Government Act 2019

(1) This section applies if the following persons resign in order to stand as a candidate for election to a council, the Legislative Assembly, the Commonwealth House of Representatives or the Senate:

(2) However, this section does not apply if a person mentioned in subsection (1) resigns in order to stand as a candidate for election to a council that is not:

(a) in the case of a CEO or a staff member of a council – the council the CEO or staff member is employed by; or

(b) in the case of a chief executive or a staff member of a local government subsidiary – the constituent council or councils for the local government subsidiary the chief executive or staff member is employed by.

(3) The person must give the following written notice at the time of resignation that the person claims the benefit of this section:

(b) for a subsidiary chief executive – the constituent council or councils of the local government subsidiary;

(d) for a staff member of a local government subsidiary – the subsidiary chief executive for the local government subsidiary.

(4) The person's resignation must take effect not more than 28 days before the close of nominations for the relevant election.

(5) If the person is not elected, and applies to the person mentioned in subsection (3) to be reinstated within 7 days after the result of the election is declared, the person must be reinstated to the person's former position or an equivalent position.

(6) A person reinstated under subsection (5) is to be treated as having been on unpaid leave between the date of resignation and the date of reinstatement.