Local Government (Electoral) Amendment Regulations 2022 (Vic)
Local Government (Electoral) Amendment Regulations 2022
S.R. No. 104/2022
table of provisions
Regulation Page
1Objective
2Authorising provisions
3Principal Regulations
4Definitions
5New regulation 5A inserted
6Nomination form
7New regulation 24A inserted
8Scrutineers
9New regulation 31A inserted
10Scrutineers at a counting place
11New regulation 64A inserted
12Part 8 substituted
13Part 9 revoked
14New Form 3 of Schedule 1 inserted
═════════════
Endnotes
statutory rules 2022
S.R. No. 104/2022
Local Government Act 2020
City of Melbourne Act 2001
Local Government (Electoral) Amendment Regulations 2022
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 4 October 2022
Responsible Minister:
MELISSA HORNE
Minister for Local Government
Alexandra Debeljakovic
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Local Government (Electoral) Regulations 2020—
(a)as a consequence of the making of the City of Melbourne (Electoral) Regulations 2022; and
(b)to provide for candidate nomination and scrutineering arrangements during periods in which a pandemic order under section 165AI of the Public Health and Wellbeing Act 2008 is in place; and
(c)to make minor and technical amendments.
2Authorising provisions
These Regulations are made under sections 325 and 326 of the Local Government Act 2020 and section 29 of the City of Melbourne Act 2001.
3Principal Regulations
In these Regulations, the Local Government (Electoral) Regulations 2020[1] are called the Principal Regulations.
4Definitions
(1)In regulation 5(1) of the Principal Regulations insert the following definition—
"Councillor, in Part 8 and Form 3 of Schedule 1, means a Councillor referred to in section 6(1)(c) of the City of Melbourne Act 2001;".
(2)In regulation 5(1) of the Principal Regulations, for the definition of candidate questionnaire form substitute—
"candidate questionnaire form means—
(a)in the case of a Council election (other than an election at the City of Melbourne), the relevant form referred to in regulation 43(2) and set out in Form 2 of Schedule 1; or
(b)in the case of an election at the City of Melbourne, the relevant form referred to in regulation 90(2) and set out in Form 3 of Schedule 1;".
5New regulation 5A inserted
After regulation 5 of the Principal Regulations insert—
"5A Application to elections at the City of Melbourne
(1)Subject to regulation 6 of the City of Melbourne (Electoral) Regulations 2022, Part 8 and subregulations (2) and (3), these Regulations apply to elections at the City of Melbourne.
(2)Regulations 6 to 14, 17 to 20, 37 to 43, 47, 52 to 54, 72 and 84 and Forms 1 and 2 of Schedule 1 to these Regulations do not apply to elections at the City of Melbourne.
(3)Regulations 24 to 28 of these Regulations do not apply to the election of Lord Mayor and Deputy Lord Mayor at the City of Melbourne.".
6Nomination form
In regulation 24(4) of the Principal Regulations, for "A candidate" substitute "Subject to regulation 24A, a candidate".
7New regulation 24A inserted
After regulation 24 of the Principal Regulations insert—
"24A Candidate nomination—pandemic arrangements
(1)A declaration under regulation 24(3) may be signed without the presence of the election manager if, in the opinion of the election manager, it is unreasonable to require the candidate to sign the declaration in the election manager's presence because the candidate is unable to attend under a pandemic order made under section 165AI of the Public Health and Wellbeing Act 2008.
(2)If subregulation (1) applies, the election manager may require—
(a)evidence of the candidate's identity, including the full name, address, signature and a photograph of the candidate, to be submitted with the nomination form; and
(b)if the nomination form is lodged by a person on behalf of the candidate, the written authorisation of the candidate for the person to lodge the nomination form on the candidate's behalf.
(3)If subregulation (1) applies, the VEC may determine that a nomination form or nomination fee (or both) may be submitted to the election manager by electronic communication, if the VEC reasonably believes it is necessary to address the risks posed by a pandemic for which the pandemic order has been made.
(4)The VEC must not make a determination under subregulation (3) less than 40 days before the election day.
(5)If the VEC makes a determination under subregulation (3), the VEC must publish notice of the determination in the Government Gazette and on the VEC's Internet site.
(6)A notice under subregulation (5) must specify—
(a)if the VEC determined that a nomination form may be submitted by electronic communication, the means by which the nomination form may be submitted; and
(b)if the VEC determined that the nomination fee may be submitted by electronic communication, the means by which the nomination fee may be submitted.".
8Scrutineers
At the foot of regulation 31(7) of the Principal Regulations insert—
"Note
See regulation 31A for pandemic arrangements in relation to the maximum number of scrutineers at an electoral activity specified in regulation 31(6).".
9New regulation 31A inserted
After regulation 31 of the Principal Regulations insert—
"31A Maximum number of scrutineers at an electoral activity—pandemic arrangements
Despite regulation 31(7), the election manager may, under direction of the Electoral Commissioner, determine that a maximum number of scrutineers for each candidate may be present for any activity specified in regulation 31(6) at any one time to ensure compliance with a pandemic order made under section 165AI of the Public Health and Wellbeing Act 2008.".
10Scrutineers at a counting place
At the foot of regulation 64(1) of the Principal Regulations insert—
"Note
See regulation 64A for pandemic arrangements in relation to the maximum number of scrutineers at a counting place.".
11New regulation 64A inserted
After regulation 64 of the Principal Regulations insert—
"64A Maximum number of scrutineers at a counting place—pandemic arrangements
Despite regulation 64(1), the election manager may, under direction of the Electoral Commissioner, determine that a maximum number of scrutineers for each candidate may be present for any activity specified in regulation 64(1) at any one time to ensure compliance with a pandemic order made under section 165AI of the Public Health and Wellbeing Act 2008.".
12Part 8 substituted
For Part 8 of the Principal Regulations substitute—
"Part 8—Application to elections at the City of Melbourne
87Validity of candidature—elections at the City of Melbourne
(1)A person is not eligible to be a candidate for election for the office of Lord Mayor or Deputy Lord Mayor at the City of Melbourne if—
(a)the notice of candidature is not properly completed; or
(b)the nomination fee has not been paid; or
(c)the notice of candidature has been rejected as void under subregulation (4).
(2)The election manager can only reject a notice of candidature—
(a)if section 256(4), (6) or (7) of the Act applies to one of the persons nominated as a joint candidate; or
(b)if regulation 19 of the City of Melbourne (Electoral) Regulations 2022 has not been complied with.
(3)If the election manager is satisfied that regulation 19 of the City of Melbourne (Electoral) Regulations 2022 has been complied with, the election manager cannot reject the notice of candidature because of—
(a)any possible defect or error in the qualification of the candidate; or
(b)any formal defect or error.
(4)The election manager must reject as being void a notice of candidature involving a person who is not enrolled on the voters' roll for the municipality.
(5)The election manager must return any rejected notice of candidature to the person who submitted it.
(6)If the election manager becomes aware before the election day that a notice of candidature to which subregulation (2)(a) applies has not been rejected, the following provisions apply to that notice of candidature—
(a)if practicable, the election manager must publish a public notice before the election day of the names of the persons whose notice of candidature is void;
(b)the election manager must take all practicable steps to remove the names of the persons whose notice of candidature is void from the ballot‑papers;
(c)if the election manager receives a completed ballot-paper on which the names of the persons whose notice of candidature is void has not been removed, the names of the persons and any figure next to the names are to be treated as removed and the ballot-paper is to be given effect to in the voter's order of preference in respect of the remaining candidates.
Note
For requirements regarding the validity of candidature in other Council elections (including the election of a Councillor at the City of Melbourne)—see regulation 25.
88Retirement of a candidate—elections at the City of Melbourne
(1)A candidate for the office of Lord Mayor or Deputy Lord Mayor at the City of Melbourne may retire before a declaration of an election is made or, if an election is to be held, before the day of the election, only in accordance with this regulation.
(2)A candidate may retire before the day of an election if the retirement will result in an uncontested election.
(3)If regulation 29(5) applies to a candidate, the retirement of the candidate takes effect on and from the date the election manager sends the candidate advice under regulation 29(4)(b).
(4)To retire in any other circumstance, the candidate would not be qualified to be a Councillor as required under section 34 of the Act.
(5)If subregulation (4) applies to a candidate, the candidate may retire by giving the election manager—
(a)a written statement specifying that the candidate is not qualified to be a Councillor as required under section 34 of the Act and include or attach evidence in support of that statement; and
(b)a notice of retirement signed by the candidate.
(6)Retirement in accordance with subregulation (2) or (5) takes effect on the election manager receiving—
(a)the notice of retirement; and
(b)if subregulation (4) applies, the written statement specified in subregulation (5).
(7)If practicable, the election manager must publish a public notice of a retirement before the day of the election.
(8)The following provisions apply if a candidate for the office of Lord Mayor or Deputy Lord Mayor at the City of Melbourne retires in accordance with subregulation (5) or is taken to have retired under regulation 29(5)—
(a)if the retirement of the candidate is effective after the ballot-papers have been printed, the election manager must take all practicable steps to remove the names of the joint candidates from the ballot-papers;
(b)if the election manager receives a completed ballot-paper on which the names of the joint candidates have not been removed, the names of the joint candidates and any figure next to the names are to be treated as removed and the ballot-paper is to be given effect in the voter's order of preference in respect of the remaining candidates.
(9)The election manager must keep the notice of candidature.
(10)The election manager must retain the nomination fee paid by a candidate who retires under this regulation or who is taken to have retired under regulation 29(5).
Note
For requirements regarding the retirement of candidates in other Council elections (including the retirement of a candidate for the office of Councillor at the City of Melbourne)—see regulation 27.
89 Death of a candidate—elections at the City of Melbourne
(1)If one of the joint candidates for the office of Lord Mayor and Deputy Lord Mayor at the City of Melbourne dies before 12 noon on nomination day, the nomination becomes void.
(2)If one of the joint candidates for the office of Lord Mayor and Deputy Lord Mayor at the City of Melbourne dies after 12 noon on nomination day but before the close of voting in the election, the following provisions apply—
(a)if one of the joint candidates dies after the ballot-papers have been printed, the election manager must take all practicable steps to remove the names of the joint candidates from the ballot‑papers;
(b)if the election manager receives a completed ballot-paper on which the names of the joint candidates have not been removed, the names of the joint candidates and any figure next to the names are to be treated as removed and the ballot-paper is to be given effect to in the voter's order of preference in respect of the remaining candidates.
(3)The election manager must keep the notice of candidature.
(4)The election manager must return the nomination fee paid by the joint candidate who dies to their legal personal representative.
Note
For requirements regarding the death of a candidate in other Council elections (including the death of a candidate for the office of Councillor at the City of Melbourne)—see regulation 28.
90 Lodgement of candidate questionnaire form—elections at the City of Melbourne
(1)A candidate for the office of Lord Mayor, Deputy Lord Mayor or Councillor at the City of Melbourne may lodge with the election manager a completed candidate questionnaire form.
(2)The candidate questionnaire form is Form 3 of Schedule 1.
(3)A candidate questionnaire form must be lodged before 12 noon on the fourth day after nomination day—
(a)at the place or places that nominations are received under regulation 22(2); or
(b)if the election manager has advised candidates that candidate questionnaire forms are to be received at another place, at that other place; or
(c)by electronic communication in accordance with conditions determined by the election manager.
(4)A lodged candidate questionnaire form must be accompanied by a declaration signed and dated by the candidate which states that the answers provided are true and correct.
(5)If the lodged candidate questionnaire form includes a claim of endorsement by a registered political party, the candidate must lodge a document containing the written consent of the registered officer of the party to the claim of endorsement with the completed candidate questionnaire form.
Note
For requirements regarding the lodgement of a candidature questionnaire form in other Council elections—see regulation 43.
91Amendment of voters' roll—elections at the City of Melbourne
(1)This regulation applies if, as a result of an amendment of the voters' roll under section 11E of the City of Melbourne Act 2001, it appears that—
(a)an enrolled voter has not been sent a ballot‑paper; or
(b)an incorrect ballot-paper has been sent to a voter; or
(c)a ballot-paper has been sent to a person who is not entitled to vote.
(2)As soon as possible after becoming aware of the amendment of the voters' roll, the election manager must—
(a)send to each person whose enrolment records have been altered written advice of the amendment of the voters' roll and how the amendment affects the person; and
(b)send to each person who, as a result of the amendment is an enrolled voter and is entitled to vote, a postal ballot envelope containing a ballot-paper.
(3)If the election manager sends a postal ballot envelope to a voter under this regulation, and a declaration envelope previously issued to the voter is returned by the voter, the election manager must ensure that the previously issued declaration envelope is disallowed.
(4)The election manager must keep a record of—
(a)all postal ballot envelopes issued under this regulation; and
(b)all declaration envelopes disallowed under this regulation.
Note
For requirements regarding the amendment of the voters' roll in other Council elections—see regulation 52.
92Early postal vote—elections at the City of Melbourne
(1)A voter may request an early postal ballot envelope from an election official.
(2)A voter who makes a request under subregulation (1) must give reasons for the request.
(3)If the election official considers that the request is reasonable, the election official must comply with the request.
(4)An election official may comply with a request under this regulation even if the joint statements, candidate statements or group statements have not yet been printed.
(5)An election official may issue a ballot-paper under this regulation that is not printed on marked security paper if the election official initials the ballot-paper.
Note
For requirements regarding early postal votes in other Council elections—see regulation 53.
93Request to redirect postal ballot envelope—elections at the City of Melbourne
(1)A voter may make a request in writing to the election manager to have the voter's postal ballot envelope redirected to another address specified in the request.
(2)A request to redirect a postal ballot envelope under this regulation must be lodged no later than—
(a)the day on which the voters' roll is certified under section 11D(5) of the City of Melbourne Act2001; or
(b)a later date specified by the election manager in accordance with regulation 22(2)(f).
(3)If a person makes a request under this regulation, the election manager must ensure that a postal ballot envelope is sent or delivered to that person at the address specified in the request.
Note
For requirements regarding a request to redirect a postal ballot envelope in other Council elections—see regulation 54.
94Electronic counting systems—elections at the City of Melbourne
An electronic counting system used to count votes under section 263(2) of the Act must—
(a)comply with the counting procedures set out in Division 6, 7 or 8 of Part 8 of the Act; and
(b)comply with the rules under clauses 10 to 15 of Schedule 1 to the City of Melbourne Act 2001 and regulation 40 of the City of Melbourne (Electoral) Regulations 2022 for determining the validity of a marked ballot-paper; and
(c)enable the electronic record of the preferences from any ballot-paper to be verified by comparison to the ballot‑paper after being recorded.
Note
For requirements regarding electronic counting systems in other Council elections—see regulation 72.
95Exemptions from compulsory voting—elections at the City of Melbourne
(1)For the purposes of section 19(1A) of the City of Melbourne Act 2001, it is not compulsory for a person to vote if the prosecution officer is satisfied that the person had a sufficient excuse for not voting.
(2)Without limiting the generality of subregulation (1), any of the following is a sufficient excuse for not voting—
(a)the voter was ill, disabled or infirm and for that reason was unable to vote at the election or could have voted only with difficulty;
(b)if the voter was absent from Victoria—
(i)for 15 days immediately before the last day of voting; or
(ii)if the last day of voting is altered under regulation 60, from the last day postal votes are issued under regulation 49(1) until the last day of voting;
(c)the voter—
(i)returned a declaration envelope within 7 days immediately after the last day of voting; or
(ii)returned a declaration envelope that was disallowed under regulation 52(3); or
(iii)made a request to have the postal ballot envelope redirected under regulation 54 but did not receive a postal ballot envelope; or
(iv)was entitled to receive replacement voting material under regulation 56 but did not receive the replacement voting material;
(d)the voter was enrolled under section 9A(3) or (5), 9B, 9C or 9D of the City of Melbourne Act 2001 and the voter's postal address listed on the voters' roll is an address not located in Australia.
Note
For requirements regarding exemptions from compulsory voting in other Council elections—see regulation 84.".
13Part 9 revoked
Part 9 of the Principal Regulations is revoked.
14New Form 3 of Schedule 1 inserted
After Form 2 of Schedule 1 to the Principal Regulations insert—
"Form 3
Regulation 90(2)
Candidate questionnaire—elections at the City of Melbourne
Local Government (Electoral) Regulations 2020
A candidate for the office of Lord Mayor, Deputy Mayor or Councillor at the City of Melbourne may provide answers to the following questions. Answers in response to this questionnaire lodged with the election manager before 12 noon on the fourth day after nominations close may be published on the Victorian Electoral Commission's Internet site and be made available to any person on request.
Name:
Ward (if applicable):
Council:
Instructions to complete the questionnaire are in italics below.
What is your vision for the municipality of the above Council?
Maximum 50 words
What expertise or attributes do you have which would help you in undertaking the role of *Lord Mayor/*Deputy Lord Mayor/*Councillor?
Provide details. Maximum 50 words
Have you read the current Council Plan for the Council named above?
* Yes / * No
Have you read the current Councillor Code of Conduct for the Council named above?
* Yes / * No
Are you endorsed by a registered political party? 1
* Yes / * No
If yes, provide the name of the registered political party.
Are you currently a Councillor?
* Yes / * No
If yes, what has been your attendance record at Council meetings 2 during your current term of office?
< 50% / 50 – < 75% / 75 – 90% / > 90% Indicate one
What are your contact details (so that voters can contact you)?
Provide details
* Delete if not applicable.
Notes
1 Registered political party has the same meaning as in the Electoral Act 2002.
2 Council meetings means Council meetings referred to in section 61 of the Local Government Act 2020 but does not include meetings held for which a Councillor has been granted leave from attending by the Council.".
═════════════
Endnotes
[1] Reg. 3: S.R. No. 72/2020 as amended by S.R. Nos 92/2020, 100/2020 and 33/2021.
0
0
0