Qualifications for election | NTEC

Qualifications for election

2021 Local Government Elections logo

Candidates must be eligible for election or appointment as a member of a council in accordance with section 46 of the Local Government Act 2019.

Eligibility for membership

A person is, unless disqualified, eligible for election or appointment as a member of a council if enrolled as an elector within the council's area.

Disqualification

Section 47 of the Local Government Act states that a person is disqualified from office as a member of a council if the person:

  • holds a judicial office (other than justice of the peace); or
  • is bankrupt; or
  • is sentenced to a term of imprisonment of 12 months or more for an offence against the law of the Commonwealth or of a State or Territory; or
  • is a staff member of the council; or
  • is a staff member of the local government subsidiary of which the council is a constituent council of the local government subsidiary; or
  • is indebted to the council and fails to discharge the debt within 6 months after the debt becomes due and payable; or
  • is certified mentally unfit to carry out the functions of a member; or
  • is disqualified from managing a corporation under the Corporations Act 2001 or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth); or
  • is disqualified under section 40 of the Associations Act 2003 from being an officer of an incorporated association; or
  • is a member of the Commonwealth House of Representatives or the Senate; or
  • is a member of the NT Legislative Assembly; or
  • is determined by NTCAT to be unfit to be a member; or
  • is incapable of holding a local government office under section 89(3) of the Criminal Code; or
  • ceases to be enrolled as an elector in respect of a place of residence with the council; or
  • ceases to have a principal place of residence within the council; or
  • is absent, without permission of the council in accordance with the regulations, from 2 consecutive ordinary meetings of the council

However, an employee of a council is not disqualified from office as a member of some other council.

A person is certified mentally unfit to carry out the functions of a member if 2 medical practitioners have certified that the person is mentally unfit, and likely to remain unfit for the remainder of the person's term of office, to carry out the functions of a member.