Local Government (Electoral) Amendment Regulations 2021 (Vic)

Local Government (Electoral) Amendment Regulations 2021

S.R. No. 33/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Nomination form

7Regulations 32 to 34 substituted

8Register of Local Government Candidate Training

9Request for information

10Recount of votes

11Definition

12Candidate nomination

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Endnotes

STATUTORY RULES 2021

S.R. No. 33/2021

Local Government Act 2020

Local Government (Electoral) Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 20 April 2021

Responsible Minister:

SHAUN LEANE
Minister for Local Government

SAMUAL WALLACE

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Local Government (Electoral) Regulations 2020—

(a)to make provision for all Local Government Candidate Training to be undertaken by electronic communication or other means; and

(b)to extend for a further 12 months the period during which alternative candidate nomination and scrutineer processes apply, to address health risks posed by the COVID‑19 pandemic; and

(c)to make minor technical amendments.

2Authorising provisions

These Regulations are made under sections 325 and 326 of the Local Government Act 2020.

3Commencement

These Regulations come into operation on 25 April 2021.

4Principal Regulations

In these Regulations, the Local Government (Electoral) Regulations 2020[1] are called the Principal Regulations.

5Definitions

In regulation 5(1) of the Principal Regulations insert the following definition—

"Local Government Candidate Training means the training approved by the Secretary under regulation 32(1);".

6Nomination form

For regulation 24(3)(c) of the Principal Regulations substitute—

"(c)has completed the Local Government Candidate Training in accordance with these Regulations specifying the date on which the candidate completed the Local Government Candidate Training; and".

7Regulations 32 to 34 substituted

For regulations 32 to 34 of the Principal Regulations substitute—

"32   Prescribed training for person to nominate as candidate for election as Councillor

(1)The Secretary may approve, in writing, a program of training for a person to nominate as a candidate for an election as a Councillor.

(2)For the purposes of section 256(7) of the Act, the prescribed training is the program of training—

(a)approved by the Secretary under subregulation (1); and

(b)completed by the person nominating to be a candidate within 2 years before the election day for the general election or by-election.

(3)The Secretary must cause an approval under subregulation (1) to be published on the Department's website.

33Undertaking Local Government Candidate Training

The Secretary must cause the Local Government Candidate Training to be available for a person to undertake—

(a)by electronic communication at any time; or

(b)in another manner approved by the Secretary, if the Secretary is satisfied that the person is unable to undertake the training by electronic communication.

34Identification requirements for candidates undertaking Local Government Candidate Training

(1)A person who intends to nominate as a candidate must, prior to undertaking the Local Government Candidate Training, provide the following by electronic communication in a manner determined by the Secretary—

(a)the person's full name;

(b)the person's date of birth;

(c)the address in respect of which the person is entitled to be enrolled on the voters' roll.

(2)The information referred to in subregulation (1) is confidential information for the purposes of section 3 of the Act.".

8Register of Local Government Candidate Training

(1)For the heading to regulation 35 of the Principal Regulations substitute—

"35   Register of Local Government Candidate Training".

(2)For regulation 35(1) of the Principal Regulations substitute—

"(1)The Secretary must keep a register of candidates who were provided with the Local Government Candidate Training by recording the following for each candidate—

(a)the candidate's name and date of birth;  

(b)the date on which the candidate completed the Local Government Candidate Training.".

9Request for information

(1)In regulation 36(1) of the Principal Regulations, for "a Chief Executive Officer or the Department" substitute "the Secretary".

(2)In regulation 36(2) of the Principal Regulations, for "The Chief Executive Officer or Department" substitute "The Secretary".

10Recount of votes

Regulation 76(5) of the Principal Regulations is revoked.

11Definition

In regulation 89 of the Principal Regulations, in the definition of prescribed period, for "2021" substitute "2022".

12Candidate nomination

In regulation 90(3) of the Principal Regulations, for "electronic means" substitute "electronic communication".

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Endnotes

[1] Reg. 4: S.R. No. 72/2020 as amended by S.R. Nos 92/2020 and 100/2020.