Local Government (Casual Vacancies) Order 2014 (TAS)

The Local Government (Casual Vacancies) Order 2014 was enacted by the Governor of Tasmania, acting on the advice of the Executive Council and the recommendation of the Minister for Local Government, in relation to the Local Government (Number of Councillors) Order 2014. The purpose of the Order is to manage casual vacancies in council positions in municipal areas within Tasmania, specifically to avoid the need for recounts or by-elections that could result in exceeding the prescribed number of councillors as stipulated by the Local Government (Number of Councillors) Order 2014.

The central legal issues addressed in the Order pertain to the circumstances under which casual vacancies in council positions may not be filled by recounts or by-elections, and the procedures to be followed if multiple casual vacancies occur in a manner that precludes determining their chronological order. Specifically, the Order provides that no recount or by-election should be held if filling the vacancy would result in the number of councillors exceeding the prescribed limit for that municipal area, as set out in the Councillors Order. Furthermore, if multiple vacancies occur and their order cannot be determined, the Order mandates a procedure for establishing the sequence of these vacancies.

The reasoning behind the Order is to ensure that the reduction in the number of councillors, as outlined in the Councillors Order, is effectively implemented without resorting to recounts or by-elections that could potentially breach the prescribed limits. The Order achieves this by stipulating that if filling a vacancy would result in an excess of councillors, no recount or by-election should be held. Additionally, in cases where multiple vacancies occur and their order is indeterminate, a procedural method is prescribed for determining the sequence of the vacancies. This involves the Electoral Commissioner creating a list of the names of the persons who last held the vacant offices, which is used to establish the order of the vacancies.

The final orders of the court are not explicitly stated in the provided text, but it can be inferred that the Order aims to maintain compliance with the prescribed number of councillors in municipal areas by preventing unnecessary recounts or by-elections in certain scenarios.