He retired from politics effective 2 October 2009 and the resulting by-election, held on 28 November, was won by Labor candidate Peter Tinley.
Upon the resignation of former Premier Alan Carpenter from the safe Labor state seat of Willagee, Tinley was preselected to run for Labor at the resulting by-election on 28 November 2009.
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He was ultimately elected as the member for Willagee with over 60% of the two-party-preferred vote against the Greens' Hsien Harper.
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