{"id":"tas:sr-2014-022","name":"Local Government (Casual Vacancies) Order 2014","slug":"local-government-casual-vacancies-order-2014","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"22 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187469,"registerId":"tas-tas:sr-2014-022-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 2014](/view/html/inforce/2026-04-12/sr-2014-022) .","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 2014](/view/html/inforce/2026-04-12/sr-2014-021) 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 2014](/view/html/inforce/2026-04-12/sr-2014-021) .\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 12 February 2014\n\nThis order is administered in the Department of Premier and Cabinet.","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"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 (7 subclauses) that build upon each other","Cross-references to two other pieces of legislation (Local Government Act 1993 and Local Government (Number of Councillors) Order 2014)","Hypothetical conditional phrasing ('were the vacancy to be filled... would be more than') that requires readers to calculate future scenarios","Detailed procedural requirements for the ballot-drawing process (subclause 4) with 7 specific steps","Exception to the main rule in subclause 6, plus a special override rule in subclause 7 that modifies how another Act applies"],"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 basic problem:** Sometimes the government decides to reduce the number of councillors on a particular council. If a councillor quits after this decision but before the next election, normally there would be a by-election or recount to fill the spot. But that would temporarily give the council more members than it's supposed to have after the next election.\n\n**What this law does:**\n- **Stops unnecessary by-elections:** If filling a casual vacancy would mean having too many councillors (because the council is shrinking), no by-election or recount is held. The seat simply stays empty until the next election.\n- **Deals with multiple vacancies:** If several councillors quit and it's unclear who quit first, 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 one by one to determine the official order in which the vacancies occurred.\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:** Tasmanian local councils, their general managers, the Tasmanian Electoral Commissioner, and voters in councils undergoing size reductions."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Order explicitly confines its effect to municipal areas covered by the separate Councillors Order and only alters the process for filling casual vacancies as described. It links commencement to that other Order and modifies the operation of sections 307 and 308 of the Act in those circumstances; the text contains no indication it departs beyond that stated scope."},"complexity_factors":["Dependence on a separate instrument (Local Government (Number of Councillors) Order 2014) for scope and commencement (cl.2; cl.3 definitions).","Conditional suppression of recounts or by‑elections based on a numeric comparison between current vacancies and the new authorised councillor count (cl.4(1)).","Multiple‑vacancy sequencing where the general manager cannot determine order, requiring a prescribed random draw procedure (cl.4(2)–(5)).","Administrative duties and coordination: general manager must notify the Electoral Commissioner (cl.4(3)); Electoral Commissioner must execute the draw and record order (cl.4(4)–(5)).","Exceptions and specific interaction with existing Act provisions: mayor/deputy mayor elections excluded and special rule where mayor vacates both offices (cl.4(6)–(7)); references to sections 307 and 308 of the Act (cl.4(1)).","Interpretation linkage to the Acts Interpretation Act and the Local Government Act definitions (cl.3(2)–(3)), creating cross‑instrument interpretive dependencies."],"plain_english_summary":"This Order stops recounts or by‑elections for casual councillor vacancies in municipal areas covered by a separate 'Councillors Order' when filling a vacancy would raise the council's size above the new authorised number. It also prescribes a random draw to fix the sequence when multiple simultaneous vacancies exist and the general manager cannot determine timing. It affects councils, electoral officials and voters in those areas by deferring some fills until the next ordinary election and assigning administrative tasks to general managers and the Electoral Commissioner."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no evidence that the scope of this Order has changed from its original intent. It has remained unamended since 12 February 2014 and continues to serve its original narrow purpose of governing the process for filling casual vacancies on Tasmanian local councils."},"complexity_factors":["The legislation is a narrow, single-purpose subordinate instrument (an 'Order') rather than a full Act, limiting its scope and length","It operates within a well-established parent legislative framework (Local Government Act 1993), so most complexity sits elsewhere","The available text is largely metadata and status information rather than substantive provisions, making full analysis impossible","The subject matter — filling vacant council positions — is procedurally straightforward in concept","No amendments appear to have been made since commencement, suggesting minimal accumulated complexity"],"plain_english_summary":"This Tasmanian order sets the procedure for filling unexpected vacancies on local councils (e.g., resignation, death, disqualification), specifying whether vacancies are filled by by-election, appointment or another method.  \n\nIt affects councils, councillors, candidates and residents, ensuring vacancies are dealt with lawfully so representation and council functions continue; in force since 12 February 2014."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-casual-vacancies-order-2014","history":"/api/acts/local-government-casual-vacancies-order-2014/history","analysis":"/api/acts/local-government-casual-vacancies-order-2014/analysis","conflicts":"/api/acts/local-government-casual-vacancies-order-2014/conflicts","importantCases":"/api/acts/local-government-casual-vacancies-order-2014/important-cases","documents":"/api/acts/local-government-casual-vacancies-order-2014/documents"}}