Response to Hon Geoff Brock's Ministerial Statement
Updated statement
Matt Larwood was officially reinstated as City of Prospect’s Mayor, today 9 March 2023.
When the Local Government (Casual Vacancies) Amendment Bill 2023 was assented to by the Governor today, dozens of Mayors and councillors who lost office due to an administrative error earlier in February were immediately returned to office.
The Casual Vacancies Bill was an urgent amendment introduced by the State Government and ensured any decision made by councils or councillors during this vacancy period “are not invalid”.
City of Prospect would like to take this opportunity to thank Acting Mayor Groote and Acting Deputy Mayor Nelson for their service in recent weeks.
Around 40 councils had elected members removed from office, according to Local Government Minister Geoff Brock.
Background
On Thursday 9 February, the Hon Geoff Brock MP Minister for Local Government provided a Ministerial Statement to Parliament, in which it was alleged that 46 Council Members across South Australia had omitted to lodge their campaign returns to the Electoral Commission of South Australia (ECSA). On Friday 10 February, City of Prospect received confirmation from the Electoral Commissioner that Council had a casual vacancy for the role of Mayor.
Where the vacancy occurred in the office of Mayor (for councils with popularly elected Mayors), councils were to appoint an acting Mayor to hold office. Subsequently, Council convened a special meeting Tuesday, 14 February to appoint an acting Mayor. The Council elected for Cr Mark Groote to fill the temporary Mayor vacancy role, and Cr Jason Nelson as Deputy Mayor.
All those affected across South Australian Local Government by this determination have certain appeal rights as stated in the Hon Geoff Brock MP Minister for Local Government’s Ministerial Statement.
‘‘The regrettable but necessary next step is that, where a member's office becomes vacant because of the member's failure to submit a return –
- SACAT, the South Australian Civil Administrative Tribunal may, on application made within one month after the vacation of office, restore the member to office, if satisfied that the failure arose from circumstances beyond the member's control.
- proceedings for a supplementary election to fill the vacancy must not be commenced until the period for making an application has expired or, if there is an application, until the application is determined; and
- the member cannot be nominated as a candidate for the election to fill the vacancy unless he or she has submitted to the chief executive officer the return that was required to be submitted.’’
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Contacts for media comment:
Brittany Dupree
Manager Communications, Strategy and Engagement
0484 634 848
communications@prospect.sa.gov.au