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LOCAL GOVERNMENT ACT 2009 - SECT 162
When a councillor’s office becomes vacant
162 When a councillor’s office becomes vacant
(1) A councillor’s office becomes vacant if the councillor— (a) ceases to
be qualified to be a councillor under division 1 ; or
(b) is found, on a
judicial review, to be ineligible to continue to be a councillor; or
(c) does
not comply with section 169 ; or
(d) ceases to be a councillor under
section 172 ; or
(e) 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— (i) 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
(ii) with the
local government’s leave; or
(iii) while the councillor is suspended under
section 122 , 123 or 175K ; or
(f) resigns as a councillor by signed notice
of resignation given to the chief executive officer; or
(g) dies; or
(h)
becomes a local government employee.
(2) A
"local government employee" does not include— (a) a person employed under a
federally funded community development project for Aborigines or Torres Strait
Islanders; or
(b) a person prescribed under a regulation.
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