Health Services (Community Health Centre Elections) (Amendment) Regulations 2007 (Vic)

Health Services (Community Health Centre Elections) (Amendment) Regulations 2007

S.R. No. 26/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definition of allowed signed ballot paper envelope

5Contact details for candidates

6New regulation 14A inserted

14ASupplementary issue of ballot papers

7Formatting limitations on candidates' personal statements

8Receipt of ballot papers

9New regulation 20A inserted

20AChecking of returned ballot paper envelopes

10Ballot paper envelopes

11New regulation 23 substituted

23Invalid votes

12Amendments to the provisions for counting votes

13Amendments to the provisions for casual or extraordinary vacancies

14Revocation of Schedules 1 and 2

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 26/2007

Health Services Act 1988

Health Services (Community Health Centre Elections) (Amendment) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 23 April 2007

Responsible Minister:

BRONWYN PIKE
Minister for Health

RUTH LEACH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Health Services (Community Health Centre Elections) Regulations 2001 in relation to electoral matters and procedures.

2Authorising provision

These Regulations are made under section 158 of the Health Services Act 1988.

3Principal Regulations

In these Regulations, the Health Services (Community Health Centre Elections) Regulations 2001[1] are called the Principal Regulations.

4Definition of allowed signed ballot paper envelope

In regulation 3 of the Principal Regulations, before the definition of board insert—

"allowed signed ballot paper envelope means a signed ballot paper envelope that is not disallowed by the Victorian Electoral Commission in accordance with regulation 20 or 20A;".

5Contact details for candidates

After regulation 10(c) of the Principal Regulations insert—

"(d)contain details of how the candidate may be contacted on short notice during business hours and during non-business hours, which may include—

(i)telephone numbers; or

(ii) facsimile numbers; or

(iii)email addresses;".

6New regulation 14A inserted

After regulation 14 of the Principal Regulations insert—

"14A   Supplementary issue of ballot papers

(1)The Victorian Electoral Commission must issue an elector with a ballot paper envelope, ballot paper or postal ballot envelope (as the case requires), if, on or before the last day of voting the elector—

(a)in the case of an elector whose name cannot be found on the relevant roll of electors, satisfies the Victorian Electoral Commission that he or she was entitled to be enrolled on the relevant roll of electors at the close of that roll; or

(b)claims that he or she has lost or destroyed the ballot paper envelope or ballot paper or both; or

(c)claims that he or she has not received a postal ballot envelope; or

(d)satisfies the Victorian Electoral Commission that he or she has spoilt the ballot paper envelope or ballot paper or both and returns the spoilt ballot paper envelope or the spoilt ballot paper or both to the Victorian Electoral Commission.

(2)A ballot paper envelope issued under this regulation must be identified as a ballot paper envelope issued to a person entitled to be enrolled on the roll at the close of the roll, or as a replacement ballot paper envelope, as the case requires.

(3)If a spoilt ballot paper envelope or spoilt ballot paper has been returned under subregulation (1)(d), the Victorian Electoral Commission must cancel the spoilt ballot paper envelope or spoilt ballot paper and retain the spoilt envelope or paper until the close of voting.

(4)The Victorian Electoral Commission must keep a record of all ballot paper envelopes, ballot papers and postal ballot envelopes issued under subregulation (1).".

7Formatting limitations on candidates' personal statements

After regulation 15(1) of the Principal Regulations insert—

"(1A)The Victorian Electoral Commission may at any time specify limitations on formatting that will apply to the publication of candidates' personal statements and may alter the format of any submitted statement to comply with those limitations.".

8Receipt of ballot papers

(1)After regulation 20(c) of the Principal Regulations, insert—

"(ca)disallow any relevant ballot paper envelopes in accordance with regulation 20A; and".

(2)In regulation 20(e) of the Principal Regulations, for "signed ballot paper envelope" substitute "allowed signed ballot paper envelope".

9New regulation 20A inserted

After regulation 20 of the Principal Regulations insert—

"20A   Checking of returned ballot paper envelopes

(1)The Victorian Electoral Commission must determine in relation to each elector who has returned a ballot paper envelope issued under regulation 14A whether the elector has voted or attempted to vote more than once in the election.

(2)If it appears to the Victorian Electoral Commission that an elector has signed and returned more than one ballot paper envelope, the Victorian Electoral Commission must—

(a)allow the ballot paper envelope that appears to have been signed first by the elector; and

(b)disallow any other ballot paper envelope that appears to have been returned by the elector.

(3)If—

(a)it appears to the Victorian Electoral Commission that more than one signed ballot paper envelope from the same elector has been returned; and

(b)the Victorian Electoral Commission is unable to determine whether the same elector has signed the relevant ballot paper envelopes—

the Victorian Electoral Commission must disallow all the relevant ballot paper envelopes.

(4)Any signed ballot paper envelope not otherwise disallowed by the Victorian Electoral Commission must be allowed.".

10Ballot paper envelopes

In regulation 22(b) of the Principal Regulations, for "signed ballot paper envelopes" substitute "allowed signed ballot paper envelopes".

11New regulation 23 substituted

For regulation 23 of the Principal Regulations substitute—

"23   Invalid votes

(1)The Victorian Electoral Commission must disallow a ballot paper if—

(a)it is not enclosed in an allowed signed ballot paper envelope; or

(b)it is received from a person whose name is not on the roll of electors and who did not satisfy the Victorian Electoral Commission under regulation 14A(1)(a) that he or she was entitled to be enrolled on that roll; or

(c)it does not have a number placed opposite each candidate's name in accordance with regulation 18.

(2)The Victorian Electoral Commission must disallow all of the ballot papers from an allowed signed ballot paper envelope if the envelope contains—

(a)more than one ballot paper for the same election; or

(b)a ballot paper for an election other than the election for which the ballot paper envelope was issued.

(3)Any ballot paper not otherwise disallowed by the Victorian Electoral Commission must be allowed.".

12Amendments to the provisions for counting votes

(1)For regulation 25(1) of the Principal Regulations, substitute—

'(1)The Victorian Electoral Commission must count the votes and declare the excluded candidates and the candidates to be elected to the board in accordance with Part 4A of Schedule 3 to the Local Government Act 1989, as if in that Schedule—

(a)Part 4A was named "Determination of election result by proportional representation";

(b)the references to "councillors" were references to "members of the board";

(c)the references to "the returning officer" were references to "the Victorian Electoral Commission"; and

(d)the following subclause were substituted for clause 11B(4)—

"(4)The Victorian Electoral Commission must, in the presence of any scrutineers that choose to be present, arrange the allowed ballot papers by placing in a separate parcel all those on which a first preference is indicated for the same candidate and ascertain—

(i)the number of first preference votes given for each candidate; and

(ii)the total number of first preference votes.".'.

(2)After regulation 25(2) of the Principal Regulations insert—

"(3)If votes are counted by an electronic method, the Victorian Electoral Commission may determine that a reference in Schedule 3 to the Local Government Act 1989 to the physical arrangement or movement of ballot papers is not applicable if the equivalent process is performed electronically.".

13Amendments to the provisions for casual or extraordinary vacancies

(1)In regulation 30(1) of the Principal Regulations, for "must ascertain the next person eligible to be elected to the vacant office in accordance with Schedule 2" substitute "must ascertain the next person eligible to be elected to the vacant office in accordance with subregulation (1A) and advise the chief executive officer and the Secretary of the result".

(2)After regulation 30(1) of the Principal Regulations, insert—

'(1A)The Victorian Electoral Commission must determine the next person eligible to be elected to the vacant office in accordance with Schedule 3A to the Local Government Act 1989 as if in that Schedule—

(a)the following paragraph were substituted for clause 2(2)(c)—

"(c)contains any other details required by the Victorian Electoral Commission—";

(b)the following subclause were substituted for clause 7(2)—

"(2)A notice of withdrawal must contain the details required by the Victorian Electoral Commission and must be signed by the candidate.";

(c)the following clause were substituted for clause 8—

"8  Other matters

Clauses 12 and 13 of Schedule 3 apply to a countback of votes.";

(d)clauses 4 and 17 were revoked;

(e)the references to "a councillor" or "councillors" were references to "a member of the board" or "members of the board"; and

(f)the references to "the returning officer" were references to "the Victorian Electoral Commission".

(1B)If any scrutineers appointed pursuant to regulation 21 are present for the countback and have indicated that they wish to observe the opening of ballot papers, the ballot papers must be opened in the presence of those scrutineers.'.

14Revocation of Schedules 1 and 2

Schedules 1 and 2 to the Principal Regulations are revoked.

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ENDNOTES

[1] Reg. 3: S.R. No. 51/2001 as amended by S.R. No. 94/2003.