At a Special Council Meeting on Monday 15 July, Rockhampton Regional Council formally resolved to fill the vacancy in Division 2 under s166A of the Local Government Act 2009 by requesting that the Electoral Commission of Queensland (ECQ) approach the runner-up from the recent local government elections.
The vacancy occurred following the sad and recent passing of the long-term Councillor, the late Neil Fisher.
Under the Act, Council has two options to fill a Councillor vacancy within the first 12-months after a local government election:
- by a by-election; or
- by following the procedure under section 166A to appoint the runner-up.
Section 166A of the Act allows Council to ask the ECQ to approach the runner-up from the March elections and, if they consent, appoint them to serve in the role of Councillor for Division 2 for the remainder of the Council term.
The process to approach the runner-up is undertaken by the ECQ with steps and actions prescribed in the Act under s166A.
Council will notify the ECQ of its decision with the ECQ then expected to issue a formal notice to the runner-up.
Should the runner-up not wish to fill the vacancy and given there were no further candidates in Division 2 at the March elections, a by-election will be conducted.
