Legislation

The principal member in municipalities (generally called the mayor) is chosen by election.  In regional and shire councils, the principal member may be elected or chosen from within the council. The number of ordinary members varies from 6 to 14 per council and one to 5 per ward.

The Local Government Act 2019 and Local Government (Electoral) Regulations 2021 outline the procedures for conducting local government elections and by-elections to fill casual vacancies. Local government general elections are held on the fourth Saturday in August in the fourth year after the most recent previous general election was held.

A vacancy may occur due to the dismissal, resignation or death of a member.

If a vacancy occurs more than 18 months before the next general election, a by-election must be held. The by-election must be held within 4 months of the Electoral Commissioner receiving notification of the vacancy.

If a vacancy occurs less than 18 months, but more than 6 months, before the next general election, a council may decide to appoint a person to fill the  vacancy until the next general election or may hold a by-election.  If the vacancy occurs less than 6 months before the next general election the council may appoint a person to fill the vacancy or leave the office vacant until the next general election.