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Casual Vacancies
|
| Commonwealth |
By-elections are held to fill vacancies
in the House of Representatives resulting from death, resignation,
absence without leave, expulsion, disqualification or ineligibility
of a Member.
The Speaker of the House of Representatives has the power to issue
a writ for the election of a new Member. There is no prescribed time
period for the issuing of writs following a vacancy and it is not
possible to hold a by-election if a general election is pending. |
| New South
Wales |
A casual vacancy is filled through
a by-election. |
| Victoria |
The speaker of the Legislative Assembly
or the President of the Legislative Council (as appropriate) must
issue the writ for the by-election within one month of the occurrence
of the vacancy. The by-election lapses if a State election is called
during the by-election period. |
| Queensland |
A casual vacancy is filled through
a by-election. |
| Western
Australia |
A writ for a by-election is to be issued within 40 days of a casual
vacancy occurring. However, if the vacancy occurs within 4 months
of the next annual periodic elections
- a by election is to be held concurrent with those elections;
or
- if the periodic election for that division is due, a by election
is not required
|
| South Australia |
A by-election is held to fill a casual
vacancy caused by the death, resignation or disqualification of a
member or when an election to fill a vacancy is declared void by the
Court of Disputed Returns. The Speaker of the House of Assembly must
issue the writ for a by-election. |
| Tasmania |
A writ for a by-election is to be issued within 40 days of a casual
vacancy occurring. However, if the vacancy occurs within 4 months
of the next annual periodic elections
- a by election is to be held concurrent with those elections;
or
- if the periodic election for that division is due, a by election
is not required.
|
| Northern Territory |
A casual vacancy is filled through
a by-election where the vacancy occurs less than 3 years and 6 months,
after the first meeting of the Assembly following the last preceding
general election. |
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