{"id":"tas:sr-2013-039","name":"Local Government (Casual Vacancies) Order 2013","slug":"local-government-casual-vacancies-order-2013","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"39 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187739,"registerId":"tas-tas:sr-2013-039-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Local Government (Casual Vacancies) Order 2013](/view/html/inforce/2026-04-12/sr-2013-039) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which the [Local Government (Number of Councillors) Order 2013](/view/html/inforce/2026-04-12/sr-2013-038) commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order –\n> > \n> > > ***Act*** means the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> > \n> > > ***Councillors Order*** means the [Local Government (Number of Councillors) Order 2013](/view/html/inforce/2026-04-12/sr-2013-038) .\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if it were by-laws.\n> \n> > (3)  A word or expression used in this order and in the Act has the meaning it has in the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Recounts and by-elections not to be held in certain cases","content":"### 4 Recounts and by-elections not to be held in certain cases\n\n> > (1)  If, after the Councillors Order takes effect –\n> > \n> > > > (a) a casual vacancy occurs in the office of a councillor of a municipal area to which the Councillors Order applies; and\n> > > \n> > > > (b) were the vacancy to be filled by a recount or by-election, the total number of councillors of the municipal area would be more than the total number of councillors that are, in accordance with the Councillors Order, to be elected for the municipal area on and after the day on which the certificate of election is given in respect of the next ordinary election of councillors for the municipal area held after the Councillors Order takes effect –\n> > \n> > no recount or by-election in respect of the office is to be held in accordance with [section 307](/view/html/inforce/2026-04-12/act-1993-095#GS307@EN) or [308](/view/html/inforce/2026-04-12/act-1993-095#GS308@EN) , respectively, of the Act.\n> \n> > (2)  If, after the Councillors Order takes effect –\n> > \n> > > > (a) there is at any time more than one casual vacancy in the office of a councillor of a municipal area to which the Councillors Order applies; and\n> > > \n> > > > (b) were all those vacancies to be filled by recount or by-election, the total number of councillors of the municipal area would be more than the total number of councillors that are, in accordance with the Councillors Order, to be elected for the municipal area on and after the day on which the certificate of election is given in respect of the next ordinary election of councillors for the municipal area held after the Councillors Order takes effect; and\n> > > \n> > > > (c) the general manager of the municipal area is unable to determine the order in which the casual vacancies occurred –\n> > \n> > the vacancies are to be taken to have occurred in the order determined in accordance with [subclause (5)](#GS4@Gs5@EN) .\n> \n> > (3)  If [subclause (2)](#GS4@Gs2@EN) applies in relation to vacant offices of councillors of a municipal area, the general manager of the council is to notify the Electoral Commissioner that [subclause (4)](#GS4@Gs4@EN) applies in relation to the vacant offices.\n> \n> > (4)  If [subclause (2)](#GS4@Gs2@EN) applies in relation to vacant offices of councillors of a municipal area, the Electoral Commissioner is to –\n> > \n> > > > (a) make out, in respect of each of the vacant offices, a slip bearing the name of the person who last held the vacant office; and\n> > > \n> > > > (b) place each of the slips in a separate identical hollow opaque sphere; and\n> > > \n> > > > (c) place the spheres in a container sufficiently large to allow those spheres to move about freely when shaken or rotated; and\n> > > \n> > > > (d) shake or rotate the container and permit any other person present who wishes to do so to shake or rotate the container; and\n> > > \n> > > > (e) take out of the container, and open, one of the spheres to obtain the enclosed slip; and\n> > > \n> > > > (f) record on a list the name of the person which appeared on the slip; and\n> > > \n> > > > (g) repeat, until all spheres have been removed from the container, the process specified in [paragraphs (d)](#GS4@Gs4@Hpd@EN) , [(e)](#GS4@Gs4@Hpe@EN) and [(f)](#GS4@Gs4@Hpf@EN) , recording on the list each name in the order in which the slip on which it is recorded is withdrawn from the container.\n> \n> > (5)  If [subclause (2)](#GS4@Gs2@EN) applies in relation to casual vacancies, the casual vacancies are to be taken to have occurred in the order in which they appear on the list prepared in accordance with [subclause (4)](#GS4@Gs4@EN) .\n> \n> > (6)  This clause does not apply in relation to a by-election for a mayor or deputy mayor.\n> \n> > (7)  If a mayor vacates office as both mayor and councillor and, in accordance with this clause, no by-election or recount is to be held in relation to the office of councillor, a by-election for the office of mayor is to be held in accordance with [section 308(4)](/view/html/inforce/2026-04-12/act-1993-095#GS308@Gs4@EN) of the Act as if [section 308(6)](/view/html/inforce/2026-04-12/act-1993-095#GS308@Gs6@EN) of the Act did not apply in relation to the elections.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 26 June 2013\n\nThis order is administered in the Department of Premier and Cabinet.","sortOrder":3}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available material, the Order appears to have remained in its original form since commencement on 26 June 2013 with no substantive amendments recorded. The scope — governing the handling of casual vacancies in Tasmanian local government — does not appear to have broadened or narrowed from its original intent."},"complexity_factors":["Delegated legislation (statutory order) requiring cross-reference to parent Act to fully understand scope and authority","Narrow and specific subject matter (casual vacancies only) keeps complexity low","Tasmanian local government law involves a layer of state-specific context that may not be familiar to all readers","Absence of full substantive text in the provided material limits assessment — actual procedural rules could add complexity","Has been in force unchanged since 2013, suggesting limited complexity from amendments"],"plain_english_summary":"The Local Government (Casual Vacancies) Order 2013 (Tas.) sets the rules for filling council seats that become vacant mid-term, clarifying how councils, councillors, candidates and local residents are affected and ensuring continuity of local democratic representation. It applies to Tasmanian local councils and has been unchanged since coming into force on 26 June 2013, reflecting stable, established procedures for handling casual vacancies."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: managing casual vacancies during council size transitions. It has not expanded beyond this specific transitional scenario."},"complexity_factors":["Nested conditional logic in section 4 with multiple subclauses (4(1), 4(2)) each containing three cumulative conditions (a, b, c)","Cross-references to external legislation: Local Government Act 1993 (sections 307, 308), Local Government (Number of Councillors) Order 2013, and Acts Interpretation Act 1931","Temporal complexity: provisions trigger based on relative timing between 'Councillors Order taking effect', 'casual vacancy occurring', and 'next ordinary election'","Procedural prescription: subclause 4(4) contains 7-step mechanical process for determining vacancy order via physical lottery with specific container and sphere requirements","Exception to exception structure: clause 4(6) excludes mayoral by-elections, then clause 4(7) creates a conditional override for mayor vacancies where councillor seat won't be filled","Deeming provisions: subclause 4(5) creates legal fiction that vacancies 'are taken to have occurred' in the drawn order"],"plain_english_summary":"This law deals with what happens when a Tasmanian local councillor quits or dies between elections (called a 'casual vacancy'), specifically when the council is about to shrink in size.\n\n**The problem it solves:**\nSometimes the government decides to reduce the number of councillors on a council (through a separate law called the 'Councillors Order'). If a councillor quits after this decision but before the next election, there's a weird situation: filling that vacancy would temporarily give the council *more* members than it's supposed to have after the next election.\n\n**What the law does:**\n- **Stops unnecessary by-elections:** If filling a casual vacancy would push the council over its future size limit, no by-election or recount is held. The seat simply stays empty until the next election.\n- **Handles multiple vacancies:** If several councillors quit and the order they left is unclear, the general manager asks the Electoral Commissioner to run a literal lottery. The Commissioner puts names in identical balls, shakes them in a container, and draws them out to determine which vacancy happened first.\n- **Protects mayoral elections:** If a mayor quits and their councillor seat won't be filled, a mayoral by-election still goes ahead anyway.\n\n**Who it affects:**\n- Tasmanian local councils undergoing size reductions\n- General managers of those councils\n- The Tasmanian Electoral Commissioner\n- Voters who might otherwise expect a by-election\n\n**Why it matters:**\nThis prevents the absurdity of holding expensive by-elections for seats that will disappear within months, while ensuring fair process when multiple vacancies create uncertainty about seniority."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Order narrows when recounts or by‑elections must be held for casual vacancies in municipal areas covered by the Councillors Order by preventing such processes where filling vacancies would raise the council above the re‑specified number of councillors. It also adds administrative duties (notification by the general manager) and a randomised method for determining vacancy order when unknown (clause 4). These are concrete changes to the Act’s vacancy‑filling mechanics for affected councils."},"complexity_factors":["Dependency on another instrument (Local Government (Number of Councillors) Order 2013) to set the numeric trigger for the rule (see clause 2 and definition of \"Councillors Order\")","Conditional logic determining when recounts or by‑elections are barred (clause 4(1)–(2))","Procedural, non‑legalistic tie‑breaker for multiple unknown‑order vacancies requiring a random draw by the Electoral Commissioner (clause 4(4)–(5))","Notification duty on the council general manager to inform the Electoral Commissioner when the draw procedure applies (clause 4(3))","Specific exceptions and a special rule for mayoral vacancies (clauses 4(6)–(7))","Application of the Acts Interpretation Act 1931 for interpreting this Order as if it were by‑laws (clause 3(2)), which affects legal construction"],"plain_english_summary":"This Order stops recounts or by‑elections for certain council vacancies where filling them would make a council larger than the number set by the linked Councillors Order. It makes the general manager notify the Electoral Commissioner when multiple vacancies exist and their order is unknown; the Commissioner then draws names at random to fix an order. It affects councils covered by the Councillors Order, their general managers, the Electoral Commissioner, and voters/candidates for casual vacancies."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-casual-vacancies-order-2013","history":"/api/acts/local-government-casual-vacancies-order-2013/history","analysis":"/api/acts/local-government-casual-vacancies-order-2013/analysis","conflicts":"/api/acts/local-government-casual-vacancies-order-2013/conflicts","importantCases":"/api/acts/local-government-casual-vacancies-order-2013/important-cases","documents":"/api/acts/local-government-casual-vacancies-order-2013/documents"}}