THE Local Government Inspectorate has questioned why a Horsham councillor hasn't formally resigned, despite signalling his intent to do so.
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It has been a week since Horsham Rural City councillor John Robinson told the Mail-Times he would step aside from his duties as councillor.
The announcement came after Cr Robinson voiced his discontent with the council's draft Wimmera River and Central Activities District Plan.
Cr Robinson confirmed to the Mail-Times on Monday that he was yet to officially notify Horsham council chief executive Sunil Bhalla about his decision.
A council spokesman also confirmed that Mr Bhalla had not been notified of Cr Robinson's plans.
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The Local Government Act states an extraordinary vacancy is created when a councillor resigns from their duties, which would then prompt a by-election.
A Local Government Inspectorate spokesman said there were a number of ways Cr Robinson could resign from council. He said "stepping aside", as Cr Robinson termed it, wasn't an accepted method.
"Councillors can choose not show up to four ordinary council meetings in a row, which creates an extraordinary vacancy," he said.
"They can also submit their resignation directly to the chief executive, who has the responsibility of informing the Victorian Electoral Commission of the vacancy.
"When an elected representative resigns or is otherwise unable to complete their term, the vacancy may be filled by either a countback, by-election or appointment."
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