Local Government Act 2009

A councillor’s office becomes vacant if the councillor—

ceases to be qualified to be a councillor under division 1; or

is found, on a judicial review, to be ineligible to continue to be a councillor; or

does not comply with section 169; or

ceases to be a councillor under section 172; or

is absent from 2 or more consecutive ordinary meetings of the local government over a period of at least 2 months, unless the councillor is absent—

in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or

with the local government’s leave; or

while the councillor is suspended under section 122, 123 or 175K; or

resigns as a councillor by signed notice of resignation given to the chief executive officer; or

is elected or appointed as mayor of the local government; or

dies; or

becomes a local government employee.

A local government employee does not include—

a person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or

a person prescribed under a regulation.