Whitsunday Regional Council answers how it would replace LNP candidate for Dawson Mayor Andrew Willcox

He has been pulling out all the stops to win the seat of Dawson at the next federal election, but what happens to Andrew Willcox’s mayoral duties if he succeeds? Here’s what you need to know.

With public appearances alongside LNP heavyweights in recent weeks, it is no secret Whitsunday Mayor Andrew Willcox is gunning for a seat in federal parliament at the next election.

What is less obvious is what it means for his local government responsibilities, and how the council would fill the gap in the event of his sudden ‘promotion’ to the top level of politics.

We asked Whitsunday Regional Council and the Electoral Commission of Queensland how things would play out if Willcox were to beat ALP candidate Shane Hamilton in the race to Canberra.

Here is what they said:

Dawson Nationals candidate/Whitsunday Mayor Andrew Willcox, pictured right, was out and about with Deputy Prime Minister Barnaby Joyce this week. Picture: Rae Wilson

On his resignation/leave of absence

ECQ: “Mayors and councillors do not need to resign their position if they run for another level of government.

“However, state members must resign before running.

“Should a member of a local government be successful in being elected to a another level of government such as a federal seat, the member must then resign from council.”

WRC: “While the Local Government Electoral Act allows the mayor to continue to hold the office of mayor and perform his mayoral duties until the federal government election is held and declared, he would likely choose to take a leave of absence once the PM officially calls the next election which he must do six weeks in advance of the election date.

“If the mayor takes a leave of absence for six weeks then the deputy mayor at that time will become acting mayor.

“The mayor will automatically cease being the mayor once he becomes a government member, which occurs when sworn in to federal parliament.

“To provide more certainty for council, if the mayor has won on the night of the federal election or shortly thereafter he would likely resign from the office of mayor, in which case the office of the mayor becomes vacant on that basis.”

Willcox opened the redeveloped Shute Harbour alongside Nationals Senator Bridget McKenzie and Qld Deputy Premier Steven Miles in December 2021. Picture: Kirra Grimes

On his replacement

ECQ: “Following the resignation, the CEO of the council would advise the ECQ for the need of a by-election.

“The by-election must be completed within two months of the resignation.”

WRC: “While the office is vacant, the deputy mayor continues to act as mayor until the outcome of the by-election.

“Any current councillor may run to replace the mayor in a by-election triggered by the mayor departing for federal politics.

“The councillors do not have to resign nor must they take a leave of absence to run as mayor while remaining as sitting councillors.

“If a councillor runs for mayor and loses, they would automatically resume their role as divisional councillor.

“If one of the sitting councillors is elected as mayor in the by-election then they would need to resign as councillor for their division, which would create a vacancy in the office of that councillor.

“This situation could only arise as a result of a by-election for the office of mayor because, the Local Government Act prevents a person being a candidate for mayor and also a candidate for councillor at the same time for a normal quadrennial local government election.

“As this is almost certainly going to be within the ‘middle’ of the local government term and consequently the vacant office of councillor must be filled by a by-election.”

Whitsunday’s Division 6 Cr Mike Brunker, Division 1 Cr Jan Clifford, Division 5 Cr Gary Simpson, Mayor Andrew Willcox, Division 3 Cr John Collins, Division 4 Cr Michelle Wright, and Division 2 Cr Al Grundy.

TL;DR?

Cr Willcox won’t quit his council role until he wins the federal seat.

He might choose to take a six-week leave of absence once the federal election has been called, in which case deputy mayor Mike Brunker would become acting mayor.

If Cr Willcox wins the Dawson seat, the council must complete a by-election to replace him within two months.

Any councillor can run to replace him in the by-election.

If they lose, they resume their normal role as a councillor.

If they win, the council must hold another by-election to replace them as a divisional councillor.