At the 2011 state election, Whan was defeated in Monaro by a margin of 2 per cent, which was one of the lowest anti-Labor swings in the state. Less than three months later, Whan was appointed to the Legislative Council to fill a casual vacancy, succeeding Tony Kelly. Whan was immediately promoted to the shadow cabinet, becoming the shadow minister for Resources and Primary Industries, shadow Special Minister of State, and shadow minister for Tourism, Major Events, Hospitality and Racing. In 2014 he was preselected as the Labor candidate for the seat of Monaro at the 2015 state election. Prior to his preselection, Whan stated his intention to retire from politics if he did not win Monaro at the 2015 election.