The City of Mount Gambier congratulates Councillor Jason Virgo on his projected appointment as the Member for MacKillop.
Councillor Virgo is currently on a statutory leave of absence in accordance with section 55A of the Local Government Act 1999 until the result of the election is publicly declared.
If Councillor Virgo is officially declared the successful candidate by the Electoral Commission of South Australia (ECSA, and therefore becomes a member of an Australian Parliament), a casual vacancy will arise for his position as Area Councillor of the City of Mount Gambier, by operation of section 54(1)(e) of the Local Government Act 1999.
This process does not trigger a supplementary election, as the vacancy would arise within 12 months of a periodic election. Section 6(2)(a) of the Local Government (Elections) Act 1999 states that a supplementary election will not be held to fill a casual vacancy if the vacancy occurs within 12 months before polling day for a periodic election, or a general election (other than a periodic election) where the polling day is known at the time the vacancy occurs.
Council does not have the authority to determine that a supplementary election be held.
Accordingly, the City of Mount Gambier will carry the vacancy until the next Periodic Election, scheduled for November 2026.
Council acknowledges Councillor Virgo's service to the City of Mount Gambier community and extends its best wishes to him in his role representing the people of MacKillop.
Paul Simpson
CEO
