With the State Election just weeks away, LGNSW and the Office of Local Government has issued advice on the rules around ongoing council service of councillors successfully elected to State Parliament.
Under the Local Government Act 1993, a councillor who is elected to State Parliament is entitled to continue to hold their civic office in the council for the balance of their term or for two years, whichever is the shorter period.
A councillor elected at the State election on 25 March 2023 will, therefore, be entitled to continue to hold their civic office as a councillor until the next council election is held on 14 September 2024.
If a councillor is elected to State Parliament and then resigns their position on council before 4 June 2023, the vacancy can be filled via a countback of votes cast at the 2021 local government elections, if the council has previously resolved to fill any vacancy during the current term via a countback.
Alternatively, if a councillor resigns within 18 months of the next local government election councils can apply to the Minister for Local Government to dispense with a by-election and let the position remain vacant, which is permitted under the Act.
The council would then carry the vacancy until the next local government elections on 14 September 2024.