The Local Government Act 2020 (LG Act 2020) allows a Council to establish an office of Deputy Mayor and requires that if a Council has established an office of Deputy Mayor, then the provisions of the LG Act 2020 (relating to the office of Deputy Mayor) apply.

New requirements under the Local Government Act 2020

The following table provides the Parts of the Act that are new requirements or have changed. These are shown in bold.

Provides that a Council can establish an office of Deputy Mayor and (if they do) the provisions relating to the office apply. Further, if the Council has NOT established an office of Deputy Mayor section 20B (in relation to Acting Mayor) applies.

Provides for the appointment of an Acting Mayor to exercise the role and powers of the Mayor when the Mayor is unable for any reason to attend a Council meeting or incapable of performing the duties of office or the office of Mayor is vacant.

New provisions require:

  • The appointment must be for a period specified by the Council.

*If a council has not established an office of Deputy Mayor this section applies.

Provides for the Deputy Mayor to exercise the role and powers of the Mayor when the Mayor is unable for any reason to attend a Council meeting or incapable of performing the duties of office or the office of Mayor is vacant.

Describes the circumstances and times when the office of a Deputy Mayor becomes vacant.

Describes the process for declaring the office of a 2 year term Mayor or Deputy Mayor vacant.

This declaration can only occur if—

  • a notice of motion is signed by an absolute majority of the Councillors and lodged with the CEO at least 14 days before the meeting; and
  • at least three-quarters of the Councillors vote in favour of the motion to vacate the office of Mayor or Deputy Mayor.

This clause does not apply to Mayors or Deputy Mayors elected to serve a one year term.

Provides for the Deputy Mayor to be elected in the same circumstance and manner as the election of Mayor.

Commencement Arrangements

24 October 2020

Local Government Act 2020 – Provisions commence

• Sections 20A, 21, 22, 23 and 27

24 October 2020

Local Government Act 1989 - Provisions repealed

• Sections 73

Transitional Arrangements

None

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Annette Waters

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