Office of Councillors
Schedule 5 Office of Councillors
Sections 25(5), 29(2)
1. Expenses
A council, on or before 1 January 2006, is to –
adopt a policy in respect of payment of expenses incurred by councillors in carrying out the duties of office; and
make a copy of the policy available for public inspection.
A councillor is entitled to be reimbursed for reasonable expenses in accordance with the policy adopted under subclause (1) in relation to –
any prescribed expenses; and
any other expenses the council determines appropriate.
2. Loan of services, facilities and equipment A council may decide to provide support services, facilities and equipment on loan to a councillor on any conditions it considers appropriate.
3. Vacation of office
The office of a councillor becomes vacant if the councillor –
dies; or
resigns; or
is absent without leave from 3 consecutive ordinary meetings of the council; or
is removed or dismissed from office under this Act; or
becomes a paid employee of the council; or
is, on the day on which he or she begins to hold that office, a member of any Parliament in Australia, and is such a member for 30 days continuously during that term of office of the councillor; or
becomes, after the day on which he or she begins to hold that office, a member of any Parliament in Australia; or
is no longer eligible to nominate as a candidate under section 270.
Despite subclause (1)(f), if –
the councillor does not vacate the office of councillor on so ceasing to be eligible to nominate as a candidate under section 270 but, subject to subclause (1B), vacates the office at the end of the thirtieth day after ceasing to be eligible to so nominate unless the councillor lodges an electoral enrolment form under section 257 within that 30-day period.
a councillor is no longer eligible to nominate as a candidate under section 270 because the councillor ceases to be entitled under section 254(1) to be enrolled on the electoral roll kept under section 258(7) for an electoral district of the electoral area in respect of which he or she is a councillor; and
the councillor is entitled, by reason of section 254(2), to be enrolled on the electoral roll kept under section 258(1) in respect of that electoral area –
Despite subclause (1)(f), if a councillor referred to in subclause (1A) lodges an electoral enrolment form under section 257 before the end of the thirtieth day specified in that subclause, the councillor does not vacate the office of councillor.
If the general manager becomes aware of a vacancy, the general manager is to notify the Electoral Commissioner.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.