Victorian Consolidated Legislation

Constitution Act 1975 - SECT 27A

Filling of casual vacancies in the Council

27A. Filling of casual vacancies in the Council



(1) Subject to this section, if a casual vacancy occurs in the seat of a
member of the Council, a person must be chosen to occupy the vacant seat by a
joint sitting of the Council and the Assembly.

(2) A joint sitting of the Council and the Assembly need not be held if the
casual vacancy occurs 3 months or less before the day on which the seat would
have become vacant due to the expiry of the Assembly.

(3) Subsection (4) applies if a casual vacancy occurs in the seat of a member
of the Council who was at the time that the member was elected endorsed as a
candidate in the election by a registered political party the name of which
was printed adjacent to the name of the candidate on the ballot-paper under
section 74 of the Electoral Act 2002.

(4) If this subsection applies, the joint sitting of the Council and the
Assembly must choose a member of the registered political party referred to in
subsection (3) nominated by that registered political party if the registered
political party nominates a member of the registered political party for the
vacancy who would otherwise be qualified to be elected a member of the
Council.

(5) If subsection (4) does not apply, the joint sitting of the Council and the
Assembly must choose a person who-

   (a)  would otherwise be qualified to be elected as a member of the Council
        and has resided in the region to which the vacancy relates for a
        period of not less than 12 months immediately before the joint
        sitting; and

   (b)  has not been a member of a political party at any time during the
        period of 5 years immediately before the joint sitting.

(6) Subject to subsection (7), the joint sitting of the Council and the
Assembly is to be conducted in accordance with the rules adopted by the
members present at the joint sitting.

(7) At the joint sitting of the Council and the Assembly-

   (a)  the members have the same privileges and immunities as the members of
        the Assembly in relation to proceedings before that House;

   (b)  a question-

   (i)  other than a question to which subparagraph (ii) applies, is to be
        decided by a majority of the votes cast by the members present at the
        joint sitting;

   (ii) for the purpose of subsection (5) is to be decided by a special
        majority being 3/5ths of the whole number of members of both the
        Council and the Assembly present at the joint sitting;

   (c)  in the event of an equality of votes on a question, the question is to
        be taken to have been determined in the negative.