Former Deputy Mayor Jenny Barnes is unlikely to be replaced in the short term after her resignation as an elected member on the Whyalla City Council.
Normally a supplementary election is held to elect a new councillor after the resignation of an elected member. However there is an exception of this rule in the Local Government Election Act.
According to the Act, no supplementary election is needed if the casual vacancy occurs after January 1 in a calendar year where a council election is held and before the date for nominations for that election (September 4).
Because 2018 is a periodic election year, this exception will apply and no supplementary election is required.
Legal advice to council from Norman Waterhouse Lawyers states that council can continue accruing casual vacancies under the ‘election year’ exception without ever needing to go to a supplementary election
A motion to follow this exception was to be moved at Monday’s council meeting, however that was postponed due to a lack of a quorum.
Cr Barnes’ exit will mean the amount of elected members on council will shrink to eight. Council will also be appointing new representatives on several committees that Cr Barnes was a part of.
These include the Animal Management Sub‐Committee, the Community Grants Committee, the Nomenclature Committee, and the Chief Executive Officer’s Review Committee.