Councillor Delegates to Upper Macquarie County Council
The Mayor and I called this meeting to undertake a preferential election for two candidates for the Upper Macquarie County Council. The election held on the 28 October was not valid as it did not comply with Schedule 9 of the Local Government (General) Regulation 2021.
In relation to this election the Office of Local Government provided the following information:
- Under the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2021 (the Regulation), Council is required to conduct the election of members of UMCC by way of preferential ballot under Schedule 9 of the Regulation within two months of the ordinary election of the councillors (i.e. by 14/11/24).
- At Council’s meeting of 28 October 2024, the election of the members of UMCC was conducted by open voting (show of hands) rather than preferential ballot as required by Schedule 9, and that as a result, the outcome of the election was invalid. An extraordinary meeting was held on 12 November 2024 to correct this by conducting a fresh election in accordance with Schedule 9 of the Regulation.
- Having given notice of the fresh election in the agenda and business papers for the extraordinary meeting of 12 November, there was no requirement for the Council to separately resolve to conduct that election before it was conducted. Because an election is not a “resolution” of the Council for the purposes of section 372 of the Act, that provision did not apply to the holding of a fresh election for members of UMCC.
Councillor Ring and Mahoney were elected as Lithgow Councils representatives on the Upper Macquarie County Council
