Community & Business
18 February, 2025
By-election furore
OPPOSITION to a decision by Mareeba Shire Council to hold a by-election for a new councillor was swift and plentiful last week, with a public outcry over the costs involved compared to installing the “next in line” from the 2024 poll.
Social media comments, a fledgling resident action group, and even a local businessman who wrote to the Local Government Minister Ann Leahy, decried the decision, arguing it was a waste of money.
Member for Cook David Kempton said he was flooded with calls from the community to take the matter to the Minister for review but he defended the council’s right to make the decision as per the Local Government Act 2009 (Qld) which states that if a vacancy occurs in the first 12 months after the last election, a council can decide whether a by-election for the position is held, or the vacancy be offered to the runner-up.
“I have spoken to the Mayor and the Minister and whilst I can understand why this has upset some people… it should be understood that the Minister for Local Government will not interfere in the lawful business of the council,” he said.
More than 40 posts erupted on Facebook sites on the same day as the council’s announcement, arguing that apart from the cost, the community had already had its say “therefore it wouldn’t be the choice of the councillors”; that it was less than a year since they voted; and that the move put into question “whose best interests were at play”.
Comments also flew on how the money could be better spent on roads, repairs and “green waste removal in a cyclone season”.
At a special meeting on 10 February, the council voted for the by-election, with the exception of Cr Nipper Brown. The decision ruled out the next in line, Mladen Bosnic.
Council also requested the minister consider conducting a postal vote to bring down the cost of the by-election but no costs were available for councillors before the decision was made.
In a statement on Thursday, council said no financial analysis was available at the meeting because although the Electoral Commission of Queensland was “approached to obtain an estimated cost” it was not provided before the meeting.
“Given the request that a postal vote has been lodged with the Minister, it is unlikely the ECQ will provide an indicative cost until this decision is made,” the statement said.
A spokesman from the ECQ confirmed on Thursday that it had provided information regarding cost estimates and service delivery options to the council to inform its decision.
“The ECQ will provide advice to the Minister for Local Government on the Council’s application for a full postal ballot, taking into account a range of considerations including cost,” a spokesperson said.
Mareeba Shire Mayor Angela Toppin last week defended the council’s decision to hold a by-election, saying it was made “by the belief that the community should decide who sits on council, not the councillors”.
She said Mr Bosnic was voted for by less than half the population and that the number of votes between the others next in line was very close, so it was appropriate a new poll be conducted.
Last week, Mr Bosnic said he was disappointed with the decision, but respected the council’s right to exercise that choice.
However, as well as cost implications, a by-election “ignored electoral fatigue”.
“We have had local government and state government elections in the past year and will be facing a federal election soon,” he said.
Mr Bosnic said he was proud of the result he had achieved last year, receiving 5,319 votes behind former Cr Kevin Davies with 6,854 votes. Rather than seeing this as a reason to have a by-election, Mr Bosnic believed it was an argument for the runner-up option.
“I’m a glass half-full person,” he said.
“I was certainly not at the bottom of vote counts.”
He said four other contenders had closely followed behind him, so there was a good, strong choice of councillor options to fall back on if he had declined an offer.
“I think the spirit of the legislation is that you call a by-election when you go down the list and find few, if any, options – and there were several here,” he said.
“I suspect there was a hidden agenda - either someone wanted someone else, or someone doesn’t want me in there.”
Mr Bosnic said he had attended the special meeting, which had lasted about eight minutes, and said it had been inadequate in terms of debating details of the by-election proposal. The brevity also raised the question of live-streaming, and how the community should have been able to hold the special meeting accountable.
Mr Bosnic confirmed he would put his hand up for the councillor position in the upcoming by-election.
Former councillor Locky Bensted, who did not re-contest the 2024 poll to focus on his family and business, has been rumoured to be a contender.
On Friday, he told The Express he had “not confirmed yet” whether he would run for council. It had not been in his immediate plans, but the “very sad” circumstances that had brought on a vacancy so early had left him undecided.
