Circulars

What’s new or changing

• The Minister for Local Government has published orders in the Gazette under section 318B of the Local Government Act 1993 (the Act) postponing the next ordinary local government elections in response to the COVID-19 pandemic.
• The next local government elections will be held on 4 September 2021.
• The decision to postpone the elections until September 2021 has been made in consultation with and on the advice of the NSW Electoral Commissioner.

What this will mean for your council

• The orders made under section 318B suspend the election requirements of the Act including the requirement to hold by-elections to fill vacancies for the period specified in the orders.
• Current councillors and popularly elected mayors will continue to hold their civic offices until council elections are held on 4 September 2021.
• Councils will not be required to hold by-elections to fill vacancies or to apply to the Minister to dispense with the requirement to hold a by-election during the period specified in the orders.
• The making of the orders will not affect the requirement to hold mayoral elections. Mayoral elections must be held for mayors elected in September 2018 when their two year-terms expire in September 2020.
• Mayors elected in September 2019 will continue to hold office until council elections are held on 4 September 2021.
• The composition of joint organisation boards may need to change in September 2020 if mayors of member councils elected by councillors are not re-elected.
• The postponement of the next ordinary local government elections will not affect the timing of future council elections, and the subsequent ordinary local government elections will still proceed in September 2024.

Key points

• The Act was amended in March 2020 to confer on the Minister for Local Government a time-limited power to postpone council elections in response to the COVID-19 pandemic.
• The amendment allows the Minister by an order published in the Gazette, to postpone elections for 12 months from the date of the order. The order may be extended for an additional period to 31 December in the year after the order is made.

Where to go for further information

• For further information please contact the Council Governance Team on 02 4428 4100 or by email at olg@olg.nsw.gov.au.

Tim Hurst

Deputy Secretary

Local Government, Planning and Policy