Supported Residential Services (Community Visitors) Regulations 2024 (Vic)

Version No. 001

Supported Residential Services (Community Visitors) Regulations 2024

S.R. No. 18/2024

Version as at

1 July 2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Definitions

Part 2—Election to the Community (Residential Services) Visitors Board

Division 1—Election of community visitors to the board

5When elections must be held

6Functions of Public Advocate in election process

7Functions of returning officer in election process

8Notice of an election

9Information in notice

10Nomination and polling days

11Method of nominating

12Nomination paper

13Withdrawal of nomination

Division 2—Conduct of election

14Election of sole nominee

15Contested election

16Order of names on ballot paper

17Distribution of ballot papers

18Candidate's personal statement

19Method of voting

20Manner of lodging vote

21Receipt of reply paid return envelopes

22Invalid votes

23Method of counting votes and declaration of result

24Recounts

25Disputes

26Notification of the election results

27Custody of election materials

Division 3—Casual vacancies

28Method for filling casual vacancies

Part 3—Record of visits by community visitors

29Record of visits by community visitors

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Supported Residential Services (Community Visitors) Regulations 2024

S.R. No. 18/2024

Version as at

1 July 2024

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to prescribe for the purposes of the Supported Residential Services (Private Proprietors) Act 2010—

(a)the process for the election of community visitors to the Community (Residential Services) Visitors Board; and

(b)the information to be included in the record of visits by community visitors.

2Authorising provision

These Regulations are made under section 207 of the Supported Residential Services (Private Proprietors) Act 2010.

3Commencement

These Regulations come into operation on 1 July 2024.

4Definitions

In these Regulations—

board means the Community (Residential Services) Visitors Board established under Part 9 of the Act;

nomination day means the day referred to in regulation 9(a);

returning officer means the person appointed under regulation 6(a);

the Act means the Supported Residential Services (Private Proprietors) Act 2010.

PART 2—ELECTION TO THE COMMUNITY (RESIDENTIAL SERVICES) VISITORS BOARD

Division 1—Election of community visitors to the board

5When elections must be held

(1)For the purposes of section 193(2)(b) of the Act, elections must be—

(a)held before 30 June in each year; and

(b)conducted in accordance with this Division and Division 2.

(2)The office of one community visitor elected to the board falls vacant each year.

(3)A community visitor elected to the board holds office from 1 July of the year that the community visitor was elected for a period of 2 years unless—

(a)the community visitor resigns; or

(b)the office of the community visitor becomes vacant before the end of that period.

6Functions of Public Advocate in election process

For the purposes of the election of community visitors to the board, the Public Advocate has the following functions—

(a)to appoint a returning officer to conduct those elections;

(b)to nominate persons for the purposes of regulation 21;

(c)to ensure a list of names and addresses of community visitors is kept, maintained and provided to the returning officer for the purposes of those elections;

(d)to determine questions relating to the validity or regularity of votes at those elections;

(e)any other function in relation to an election imposed on the Public Advocate by these Regulations.

7Functions of returning officer in election process

For the purposes of the election of community visitors to the board, a returning officer has the following functions—

(a)to conduct elections of members to the board;

(b)to fix the dates for nomination day and polling day for an election;

(c)any other function in relation to an election imposed on the returning officer by these Regulations.

8Notice of an election

(1)The returning officer must give notice of an election in accordance with subregulation (2) not later than 1 April in each year.

(2)Notice of an election must be given by sending a copy of the notice to the postal address of each community visitor on the list of community visitors provided to the returning officer by the Public Advocate.

9Information in notice

The notice of an election must specify—

(a)the day on or before which the nomination of candidates for election must be lodged; and

(b)the place where nominations must be lodged; and

(c)the polling day.

10Nomination and polling days

(1)The nomination day must be on or before 1 May in each year.

(2)The polling day must be—

(a)on or before 1 June in each year; and

(b)at least 21 days after the nomination day.

11Method of nominating

(1)A community visitor who intends to be a candidate at an election must lodge a nomination paper with the returning officer not later than 12 noon on the nomination day.

(2)A nomination paper may be lodged—

(a)in person; or

(b)by sending the paper by post; or

(c)by electronically transmitting a copy of the paper.

(3)The returning officer must give a receipt for a nomination to any candidate—

(a)whose nomination paper is lodged not later than 12 noon on the nomination day; and

(b)who requests a receipt.

12Nomination paper

A nomination paper must—

(a)be in writing; and

(b)state that the community visitor is nominating as a candidate for election to the board; and

(c)state the community visitor's full name and address; and

(d)include the community visitor's signature and the date of their signing of the nomination paper.

13Withdrawal of nomination

(1)A community visitor who has nominated as a candidate for an election may withdraw from the election by giving notice of withdrawal in writing by a method referred to in regulation 11(2) to the returning officer not later than 12 noon on the nomination day.

(2)The returning officer must not include the name of a community visitor who has withdrawn under subregulation (1) on any ballot paper for the election.

Division 2—Conduct of election

14Election of sole nominee

If only one nomination is received, the candidate who nominated is elected to the board.

15Contested election

(1)If more than one nomination is received, the returning officer must conduct an election.

(2)The returning officer must prepare ballot papers, postal ballot envelopes and reply paid return envelopes for the election.

(3)A ballot paper must include—

(a)the full name of each candidate who has nominated for election to the board and who has not withdrawn under regulation 13; and

(b)instructions for voting in accordance with regulation 19.

16Order of names on ballot paper

(1)The returning officer must determine by lot the order in which the names of the candidates are to appear on the ballot paper.

(2)The order of names of the candidates must be determined in the presence of—

(a)at least one other person; and

(b)any candidate who wishes to be present, or the candidate's representative.

17Distribution of ballot papers

At least 14 days before the polling day, the returning officer must send to the postal address of each community visitor a postal ballot envelope containing—

(a)voting instructions; and

(b)a ballot paper; and

(c)a ballot paper envelope; and

(d)a reply paid return envelope addressed to the returning officer; and

(e)each candidate's personal statement or advice that the candidate has not lodged a personal statement.

18Candidate's personal statement

(1)A candidate may lodge a personal statement for inclusion in the postal ballot envelope.

(2)A candidate's personal statement must be—

(a)no longer than 150 words; and

(b)signed by the candidate; and

(c)lodged with the returning officer not later than 12 noon on the third day after the nomination day.

(3)A candidate's personal statement may be lodged—

(a)in person; or

(b)by sending the statement by post; or

(c)by electronically transmitting a copy of the statement.

(4)A candidate must not refer in the candidate's personal statement to another candidate standing for election without the written consent of that other candidate.

19Method of voting

To record a valid vote, a community visitor must insert the number "1" on the ballot paper opposite the name of the candidate who is the community visitor's choice for member of the board.

20Manner of lodging vote

After marking the ballot paper, the community visitor must—

(a)place the ballot paper in the ballot paper envelope and seal the envelope; and

(b)sign the community visitor's name on that envelope and include the date of their signing of that envelope; and

(c)place the ballot paper envelope in the reply paid return envelope and seal that envelope; and

(d)post or deliver the reply paid return envelope to reach the returning officer before 4 p.m. on polling day.

21Receipt of reply paid return envelopes

In the presence of a person nominated by the Public Advocate and as soon as practicable after the close of the election, the returning officer must—

(a)remove the ballot paper envelope from each reply paid return envelope received before 4 p.m. on polling day; and

(b)record receipt of the ballot paper envelope on the list of community visitors provided to the returning officer by the Public Advocate; and

(c)separate the signed ballot paper envelopes from the unsigned ballot paper envelopes; and

(d)disallow the unsigned ballot paper envelopes; and

(e)remove and separate the ballot papers from the signed ballot paper envelopes; and

(f)count the votes recorded on the ballot papers removed from the signed ballot paper envelopes.

22Invalid votes

A vote must not be counted if it is marked on a ballot paper that—

(a)is not enclosed in a ballot paper envelope signed by a community visitor; or

(b)is received from a person whose name is not on the list of community visitors provided to the returning officer by the Public Advocate; or

(c)does not have a number "1" placed opposite one of the candidates' names in accordance with regulation 19.

23Method of counting votes and declaration of result

(1)The returning officer must declare as elected to the board the candidate who received the most votes.

(2)In the event of a tie of votes between candidates, the returning officer must separately place the names of those candidates in a container and arrange for another person to draw out the name of one of those candidates as the elected candidate.

24Recounts

(1)The returning officer may recount the votes at any time before the declaration of the election—

(a)on the written request of any candidate stating the reasons for the request; or

(b)on the returning officer's own motion.

(2)The returning officer must advise all candidates if a recount is to be conducted.

25Disputes

The Public Advocate must determine any question arising as to the validity or regularity of any vote.

26Notification of the election results

(1)As soon as practicable after the election of a candidate under regulation 14 or declaring the results of an election under regulation 23, the returning officer must advise the Public Advocate and each candidate of the candidate elected to the board.

(2)The Public Advocate must inform each community visitor in writing of the election of a candidate within 14 days after the day on which the candidate is elected under regulation 14 or the results of the election are declared under regulation 23.

27Custody of election materials

The returning officer must ensure the safe custody of all materials used in an election for 30 days after the day on which the results of the election are declared under regulation 23.

Division 3—Casual vacancies

28Method for filling casual vacancies

(1)If a vacancy arises in an office of an elected member of the board other than by expiry of the member's office, the Public Advocate must appoint a returning officer to conduct an election for a community visitor to fill the casual vacancy for the remainder of the current office.

(2)The returning officer must comply with the requirements of Divisions 1 and 2 to the extent that they are applicable to the filling of a casual vacancy.

(3)The returning officer must—

(a)record the name of the candidate elected to the board; and

(b)advise the Public Advocate and each of the candidates of the candidate elected to the board.

(4)A candidate is elected to the board to fill a casual vacancy if—

(a)the candidate is a sole nominee; or

(b)where more than one nomination is received, the candidate received the most votes at the election conducted to fill the vacancy; or

(c)in the case of a tie, the name of the candidate is drawn in accordance with regulation 23(2).

(5)Despite subregulation (1), if a casual vacancy occurs less than 2 months before the office of an elected member of the board expires, the Public Advocate is not required to comply with subregulation (1) and the office may remain vacant until a community visitor is elected under Division 2.

(6)Despite subregulation (2), the returning officer is not required to comply with any requirements as to time in Divisions 1 and 2 if—

(a)a casual vacancy in the office of an elected member of the board occurs less than 4 months before the office was due to expire; and

(b)the returning officer is satisfied that it is necessary to dispense with those requirements in order to conduct the election to fill the casual vacancy as expeditiously as is practicable and appropriate in the circumstances.

PART 3—RECORD OF VISITS BY COMMUNITY VISITORS

29Record of visits by community visitors

For the purposes of section 192 of the Act, the prescribed form for recording the visits of community visitors to a supported residential service is a record containing—

(a)the name of the supported residential service; and

(b)the number of beds at the supported residential service; and

(c)the number of bedrooms at the supported residential service; and

(d)the number of occupied beds at the supported residential service; and

(e)the name of the proprietor or provider (as the case may be) of the supported residential service; and

(f)the name of the day-to-day manager of the supported residential service at the time of the visit; and

(g)the names of the community visitors attending; and

(h)the date, time and duration of the visit; and

(i)the matters discussed between the community visitors and the day-to-day manager; and

(j)any actions arising from matters discussed; and

(k)the signatures of the community visitors; and

(l)the signature of the day-to-day manager.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Supported Residential Services (Community Visitors) Regulations 2024, S.R. No. 18/2024 were made on 26 March 2024 by the Governor in Council under section 207 of the Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010 and came into operation on 1 July 2024: regulation 3.

The Supported Residential Services (Community Visitors) Regulations 2024 will sunset 10 years after the day of making on 26 March 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Supported Residential Services (Community Visitors) Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

No entries at date of publication.