Trade Union Training Authority Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 3951

Trade Union Training Authority Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Union Training Authority Act 1975.

Dated 18 December 1986.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

R. WILLIS

Minister of State for Employment and

Industrial Relations

Constitution of Council

of the Authority shall be taken to be employed in relation to the

1. Regulation 5 of the Trade Union Training Authority Regulations is

amended—

(a) by omitting paragraph (1) (e) and substituting the following paragraph:

"(e) one officer or employee of the Authority employed in relation to the Australian Capital Territory, to represent the officers and employees of the Authority employed in relation to the Territory, elected in accordance with Part IV by the officers and employees of the Authority employed in relation to the Territory and appointed by the Minister;"; and

(b) by adding at the end the following sub-regulation:

"(5) For the purposes of paragraph (1) (e), an officer or employee

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Australian Capital Territory if, and only if, the duties of the officer or employee are usually performed in the Territory.".

2. Part IV of the Trade Union Training Authority Regulations is repealed

and the following Parts and Schedules are substituted:

"PART IV—ELECTION OF STAFF REPRESENTATIVES

Division 1—Preliminary

Interpretation

"14. In this Part, unless the contrary intention appears—

'election' means an election for the purposes of paragraph 14 (1) (j) or

20 (1) (e) of the Act or paragraph 5 (1) (e) of these Regulations;

'return envelope' means a return envelope of the kind referred to in sub- regulation 25 (2);

'Returning Officer', in relation to an election, means the person appointed under regulation 15 to be the Returning Officer for the purposes of the election.

Returning Officer

"15. The Electoral Commissioner shall appoint a person to be the Returning

Officer for the purposes of an election.

Division 2—Commencement of electoral process

Days to be fixed for purposes of elections

"16. (1) For the purposes of an election, the National Director shall, by

instrument in writing, fix—

(a)	the day that is to be the day after which candidates may be nominated for election, being a day not earlier than 7 days after the day on which
the National Director issues that instrument;
(b)	the day that is to be the last day on which candidates for election may be nominated, being a day not earlier than 21 days after the day fixed for the purpose of paragraph (a);
(c)	the day that is to be the last day on which ballot-papers may be issued, being a day not later than 14 days before the day fixed for the purpose of paragraph (d); and
(d)	the day that is to be the day for the close of the poll, being a day not earlier than 49 days and not later than 56 days after the day fixed for the purpose of paragraph (a).

"(2) The poll closes at 12 o'clock noon on the day fixed for the purpose of

paragraph (1) (d).

"(3) The National Director shall, not later than 7 days before the day fixed

for the purpose of paragraph (1) (a), deliver to the Returning Officer a copy of the instrument under sub-regulation (1) fixing the days for the purposes of the election.

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List of officers and employees

"17. As soon as practicable after the day fixed for the purpose of paragraph 16 (1) (a) in relation to an election, the National Director shall prepare, and deliver to the Returning Officer, a list showing the name and address of each officer and employee who, on that day, is eligible to vote at the election.

Calling for nominations

"18. Upon receipt of the list prepared under regulation 17 in relation to an

election, the Returning Officer shall send to each person whose name appears

on the list, at the address shown in the list, a notice that—

(a) specifies the office in respect of which the election is to be held;

(b) specifies the days fixed under sub-regulation 16 (1) for the purposes of the election;

(c) invites the nomination of officers or employees for election; and

(d) specifies the form in which, and the place at which, nominations are to be lodged.

Division 3—Nominations

Nominations

"19. (1) The nomination of a candidate for election shall be in writing signed by each nominator and the nominee.

"(2) The nomination of a candidate for election is not valid unless—

(a) the nominee consents in writing to the nomination;

(b) the nominee is a person who is eligible to vote at the election;

(c)	each nominator is a person who is eligible to vote at the election; and
(d)	the nomination is lodged with the Returning Officer after the day fixed for the purpose of paragraph 16 (1) (a) in relation to the election and not later than the day fixed for the purpose of paragraph
16 (1) (b) in relation to the election.

Withdrawal of nominations

"20. (1) A person nominated as a candidate for election may, by declaration lodged with the Returning Officer not later than the day fixed for the purpose of paragraph 16 (1) (b) in relation to the election, withdraw his or her consent to the nomination.

"(2) A declaration referred to in sub-regulation (1) by a person shall be signed by the person before a Justice of the Peace or a Commissioner for Affidavits.

"(3) A person who withdraws his or her consent to a nomination shall,

not later than the day fixed for the purpose of paragraph 16 (1) (b) in

relation to the election, notify each nominator in writing of the withdrawal.

Trade Union Training Authority 1986 No. 395 1417

Proceedings on nomination day

"21. (1) If only one candidate is nominated in respect of an election, the Returning Officer shall—

(a)	by notice published in the Gazette, declare the candidate elected; and
(b)	by notice in writing, inform the National Director of the person so elected.

"(2) If more than one candidate is nominated in respect of an election, the Returning Officer shall conduct a poll to decide the election.

"(3) If no candidate is nominated in respect of an election, the election shall be taken to have wholly failed.

Division 4—Voting

Persons eligible to vote

"22. The persons who are eligible to vote at an election are—

(a)	in the case of an election for the purposes of paragraph 14 (1) (j) of the Act—the officers and employees of the Authority;
(b)	in the case of an election for the purposes of paragraph 20 (1) (e) of the Act—the officers and employees of the Authority who are, for the purposes of section 20 of the Act, taken to be employed in relation to the State in relation to which the election is held; and
(c)	in the case of an election for the purposes of paragraph 5 (1) (e) of these Regulations—the officers and employees of the Authority whose duties are usually performed in the Australian Capital Territory.

Number of votes

"23. A person eligible to vote at an election is entitled to one vote only at the election.

Ballot-papers

"24. (1) A ballot-paper shall—

(a) be in accordance with Form 1 in Schedule 1; and

(b) specify the names of the candidates in an order determined by the Returning Officer by lot.

"(2) The Returning Officer shall initial each ballot-paper before it is dispatched under regulation 25.

Dispatch of ballot-papers

"25. (1) Where a poll is required under sub-regulation 21 (2) to decide an election, the Returning Officer shall, not later than the day fixed for the purpose of paragraph 16 (1) (c) in relation to the election, send to each person whose name appears on the list delivered to the Returning Officer

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under regulation 17 in relation to the election, at the address of that person

shown on the list—

(a) a ballot-paper;

(b) a ballot-paper envelope; and

(c) a return envelope.

"(2) A return envelope shall—

(a)	have printed on it a declaration in accordance with Form 2 in Schedule 1;
(b)	be addressed to the Returning Officer at a specified private box of the kind referred to in regulation 26; and
(c)	be an envelope that may be posted to the Returning Officer without expense to the voter.

"(3) The Returning Officer shall ensure that the ballot-paper and envelopes to be sent to a person under sub-regulation (1) are enclosed in an envelope which is fastened and addressed to the person.

"(4) The envelope last mentioned in sub-regulation (3) shall have printed on it an instruction to the effect that if it is not delivered to the addressee it should be returned to the Returning Officer at a specified private box of the kind referred to in regulation 26, not being the private box referred to in paragraph 25 (2) (b).

Post boxes for ballot-papers

"26. (1) The Returning Officer shall use, for the purposes of receiving ballot-papers in respect of an election, private boxes at a post office, being private boxes used exclusively for that purpose.

"(2) Access to a private box referred to in sub-regulation (1) shall be under the exclusive control of—

(a) persons authorised by the Australian Postal Commission for the purpose;

(b) the Returning Officer; and

(c) persons authorised in writing by the Returning Officer for the purpose.

Replacement of ballot-papers, &c.

"27. (1) If, before the close of the poll at an election, a person eligible to

vote at the election makes and delivers to the Returning Officer a statement in

writing—

(a) setting out the person's full name and address;

(b) declaring that the person has not received a ballot-paper, ballot-paper envelope or return envelope or that a ballot-paper, ballot-paper envelope or return envelope received by the person has been lost or destroyed; and

(c) declaring that the person has not already voted at the election,

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the Returning Officer shall give to the person a ballot-paper, ballot-paper envelope or return envelope, or a further ballot-paper, ballot-paper envelope or return envelope, as the case may be.

"(2) Where, under sub-regulation (1), the Returning Officer gives a ballot-paper, ballot-paper envelope or return envelope to a person, the Returning Officer shall keep a record in writing of that fact and of the name and address of that person.

Manner of voting

"28. (1) A voter shall indicate the voter's preference, or the order of the voter's preference, on a ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom the voter wishes to vote as the voter's first preference or, if the voter so desires, by placing a series of consecutive numbers, beginning with the number 1, in the squares opposite the names of all, or some only, of the candidates so as to indicate the order of the voter's preference for them, one number being placed in the square opposite the name of each such candidate.

"(2) After marking a ballot-paper, the voter shall—

(a)	fold the ballot-paper so as to conceal the vote, place the ballot-paper in the ballot-paper envelope and seal that envelope;
(b)	place the ballot-paper envelope in the return envelope, seal the return envelope and complete and sign the declaration printed on the return envelope; and
(c)	post the return envelope so that it may reach the Returning Officer not later than 12 o'clock noon on the day fixed for the close of the poll.

Division 5—Scrutiny

Custody of ballot-paper envelopes

"29. (1) The Returning Officer shall, in respect of an election—

(a) keep in the Returning Officer's custody a locked and sealed container

endorsed with such words as are necessary to indicate the election in

respect of which the container is used; and

(b) place and keep, unopened, in the container until the scrutiny all return envelopes received by the Returning Officer at the private box referred to in paragraph 25 (2) (b) before the close of the poll.

"(2) The Returning Officer shall not admit to the scrutiny any return envelopes—

(a)	received by the Returning Officer at the private box referred to in paragraph 25 (2) (b) after the close of the poll; or
(b)	received by the Returning Officer at the private box referred to in sub-regulation 25 (4),

but shall place those envelopes unopened in a parcel, seal the parcel, endorse on it such words as are necessary to indicate the contents of the parcel and the election to which the parcel relates and sign and date the endorsement.

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Appointment of scrutineers

"30. (1) A candidate at an election may appoint one scrutineer to

represent the candidate at the scrutiny.

"(2) The appointment of a scrutineer under sub-regulation (1)—

(a)	shall be made by notice in writing signed by the candidate or by telegram;
(b)	shall be addressed to the Returning Officer and given to, or sent so that it may reach, the Returning Officer not later than 12 o'clock noon on the day fixed for the close of the poll; and

(c) shall set out the name and address of the scrutineer.

"(3) All the proceedings at the scrutiny shall be open to the inspection

of the scrutineers.

Scrutiny of votes and declarations

"31. As soon as practicable after the close of a poll the Returning

Officer shall, in the presence of such scrutineers as attend—

(a)	open the container referred to in sub-regulation 29 (1) and take out the return envelopes contained in it;
(b)	without opening the return envelopes, examine each envelope and—

(i) if the Returning Officer is satisfied that the declaration on the envelope has been effectively completed and signed by a person eligible to vote at the election, being a person who has not already voted in the poll—accept the ballot-paper contained in the envelope for further scrutiny; and

(ii) if the Returning Officer is not so satisfied—reject the ballot- paper without opening the envelope;

(c)	place the return envelopes containing ballot-papers rejected under paragraph (b) in a parcel, seal the parcel, endorse on it such words as are necessary to indicate the contents of the parcel and the
election to which the parcel relates and sign and date the endorsement;
(d)	place the return envelopes containing ballot-papers accepted under paragraph (b) for further scrutiny on a table before the Returning Officer with the declaration on each envelope facing downwards, and then, without further examining the declaration or permitting any other person to do so, withdraw from each envelope the ballot- paper envelope contained in it and, without opening the ballot- paper envelope or permitting any other person to do so, place the ballot-paper envelope in a locked and sealed container;
(e)	place, the return envelopes from which ballot-paper envelopes have been withdrawn in a parcel, seal the parcel, endorse on it such words as are necessary to indicate the contents of the parcel and the election to which the parcel relates and sign and date the endorsement;

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(f)	open the container referred to in paragraph (d) and take out the ballot-paper envelopes contained in it;
(g)	open the ballot-paper envelopes referred to in paragraph (f) and withdraw from each envelope the ballot-paper contained in it; and
(h)	place the ballot-paper envelopes opened under paragraph (g) in a parcel, seal the parcel, endorse on it such words as are necessary to indicate the contents of the parcel and the election to which the parcel relates and sign and date the endorsement.

Determination of result of election

"32. The result of an election shall be determined in accordance with

the procedure set out in Schedule 2.

Retention of ballot-papers

"33. After the scrutiny conducted in respect of an election has been

completed, the Returning Officer shall—

(a)	place in separate parcels ballot-papers rejected as informal and ballot-papers not so rejected; and
(b)	endorse on each parcel such words as are necessary to indicate the contents of the parcel and the election to which the parcel relates and sign and date the endorsement.

Informal ballot-papers

"34. A ballot-paper is informal if—

(a) it is not initialled by the Returning Officer;

(b) it has no vote marked on it;

(c)	it does not indicate, in accordance with the directions on the ballot- paper, the voter's first preference for a candidate; or
(d)	it has upon it any mark or writing by which the voter can be identified.

Declaration and notification of result of election

"35. (1) As soon as practicable after the completion of the scrutiny conducted in respect of an election, the Returning Officer shall—

(a)	by notice published in the Gazette, declare the successful candidate to be elected; and
(b)	by notice in writing, inform the National Director of the candidate so elected.

"(2) Subject to regulation 42, a candidate declared under sub-regulation (1) to be elected at an election shall be taken to have been elected at that election.

Request for recount of votes

"36. (1) At any time before a notice under sub-regulation 35 (1) declaring a candidate to be elected at an election is published in the Gazette,

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the Returning Officer may, on the request in writing of a candidate stating the reasons for the request or on the Returning Officer's own motion, recount the ballot-papers received in connection with the election.

"(2) Where the Returning Officer, upon a request being made to him by a candidate, refuses to conduct a recount of the ballot-papers, the candidate may, by notice in writing, appeal to the Electoral Commissioner against the refusal and the Electoral Commissioner may, as he or she thinks fit, either direct the Returning Officer to conduct a recount of the ballot- papers or refuse to direct a recount.

Conduct of recount

"37. In conducting a recount in respect of an election, the Returning Officer shall have the same powers for the purposes of the recount as the Returning Officer had in the scrutiny in respect of the election and may make any decision in respect of a matter relating to the allowance and admission, or disallowance and rejection, of a ballot-paper that the Returning Officer could have made in respect of that matter in the course of the scrutiny.

Division 6—Disputed elections

Application to dispute election

"38. (1) A candidate at an election may, by application in writing addressed to the National Director, dispute the validity of the election.

"(2) An application under sub-regulation (1) shall—

(a) set out the grounds relied on to invalidate the election;

(b) be signed by the candidate; and

(c) be given to the National Director within 14 days after the day on which the Returning Officer declares a candidate to be elected at the election.

"(3) As soon as practicable after a candidate makes an application under sub-regulation (1), the candidate shall give a copy of the application to the person declared to be elected at the election to which the application relates.

Committee to decide validity of election

"39. (1) Where the National Director receives an application under sub-regulation 38 (1) disputing the validity of an election, the National Director shall establish a committee to decide the validity of the election.

"(2) A committee established under sub-regulation (1) shall consist of—

(a) a chairperson nominated by the Electoral Commissioner;

(b) a person nominated by the National Director; and

(c) a person nominated by the Secretary.

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"(3) The Returning Officer for the purposes of an election shall not be a member of a Committee established under sub-regulation (1) in relation to the election.

Inquiry

"40. (1) A committee established under sub-regulation 39 (1) to decide the validity of an election shall, without regard to legal forms or technicalities, inquire into the validity of the election.

"(2) Without limiting the generality of sub-regulation (1), in an inquiry into the validity of an election a committee established under sub-regulation 39 (1)—

(a) is not bound by the rules of evidence but may inform itself in any manner it sees fit;

(b)	may inquire into the identity of voters at the election and whether their votes were improperly accepted or rejected;
(c)	shall afford the applicant disputing the validity of the election, the candidate declared under sub-regulation 35 (1) to be elected at the election, the Returning Officer and any other person the committee considers should be given an opportunity to do so, an opportunity to give evidence and make submissions to the committee; and
(d)	may grant leave to a person referred to in paragraph (c) to inspect the list referred to in regulation 17, the record referred to in sub- regulation 27 (2) and any other document used at or in connection with the election and to take extracts from that list or record or those documents.

"(3) If the members of a committee established under sub-regulation 39 (1) to decide the validity of an election are divided in opinion as to the validity of that election, the decision of the majority of the members as to the validity of that election shall be taken to be the decision of the committee.

Decision of committee

"41. Where a committee established under sub-regulation 39 (1) has completed an inquiry into the validity of an election, the Committee shall—

(a) by notice published in the Gazette—

(i) declare that the candidate who was declared under sub- regulation 35 (1) to be elected at the election was not so elected;

(ii) declare to be elected at the election a candidate who was not declared under sub-regulation 35 (1) to be elected at the election; or

(iii) declare that the election of the candidate who was declared under sub-regulation 35 (1) to be elected at the election is confirmed; and

(b) give the National Director a report setting out the findings of the Committee, the reasons for those findings and its decision based on those findings.

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Effect of committee's decision

"42. (1) A decision referred to in regulation 41 by a committee has effect as provided by this regulation.

"(2) If a candidate who was declared under sub-regulation 35 (1) to be

elected at an election is declared by the committee not to have been so

elected, the candidate shall be taken not to have been elected at the election.

"(3) If a candidate who was not declared under sub-regulation 35 (1) to be elected at an election is declared by the committee to have been elected at the election, the candidate shall be taken to have been elected at the election.

"(4) If the committee declares that the election of a candidate who was declared under sub-regulation 35 (1) to be elected at an election is confirmed, the candidate shall be taken to have been elected at the election.

Division 7—Miscellaneous

Irregularities at election

"43. (1) Subject to sub-regulation (3), where the Returning Officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, the Returning Officer may, before a candidate is declared under sub-regulation 35 (1) to be elected at the election, declare the election to be void.

"(2) Subject to sub-regulation (3), where a committee established under sub-regulation 39 (1) in relation to an election has reasonable grounds to believe

that there has been an irregularity in the conduct of the election, the committee may, before a declaration under regulation 41 is made in relation to the election,

declare the election to be void.

"(3) An election shall not be declared void under sub-regulation (1) or

( 2 ) -

(a)	by reason only of a defect or irregularity in the conduct of the election
that did not affect the result of the election;
(b)	by reason only of an error or defect in an instrument, notice, statement or other document made under these Regulations, or purporting to have been so made; or
(c)	by reason only of any illegal practice, other than bribery or corruption or attempted bribery or corruption, having been engaged in by a person, unless—

(i) it is likely that the result of the election was affected by the practice; and

(ii) it is just that the election be declared void.

"(4) Where an election is declared void under sub-regulation (1) or (2),

these Regulations apply as if the election had not been held.

Destruction of electoral papers

"44. After the expiration of 12 months after—

(a) the publication in the Gazette of a notice under sub-regulation 35 (1) declaring a candidate to be elected at an election; or

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(b) where the validity of an election is disputed—the publication in the Gazette of a notice referred to in paragraph 41 (a) in relation to the election,

the Returning Officer shall authorise the destruction of—

(c)	the ballot-papers and envelopes relating to the election contained in the parcels referred to in sub-regulation 29 (2) and paragraph 31 (c);
(d)	the envelopes relating to the election contained in the parcels referred to in paragraphs 31 (e) and (h); and
(e)	the ballot-papers relating to the election contained in the parcels referred to in regulation 33.

"PART V—MISCELLANEOUS

Non-Regional offices

"45. Each of the following offices is declared to be a non-Regional office for the purposes of section 20 of the Act, namely:

(a) the Office of the National Director;

(b) the National Office of the Authority.

Limit on contracts not requiring approval by Minister

"46. For the purposes of paragraph 47 (a) of the Act, the amount of

$100,000 is prescribed.

SCHEDULE 1

FORMS

FORM 1 Sub-regulation 24 (1)

(Initials of

Returning Officer)

TRADE UNION TRAINING AUTHORITY REGULATIONS

BALLOT-PAPER

ELECTION OF REPRESENTATIVE OF OFFICERS AND EMPLOYEES OF THE

AUTHORITY FOR APPOINTMENT AS A PART-TIME MEMBER OF THE

(a)

DIRECTIONS TO VOTER

1. Mark your vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom you wish to vote as your first perference.

2. If you so desire, you may indicate the order of your preference for all or some of the remaining candidates by placing the numbers 2, 3 and 4 (and so on, should you so desire) in the squares opposite the names of those candidates.

CANDIDATES

• (b)

• (b)

• (b)

• (b)

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SCHEDULE 1—continued

F U R T H E R DIRECTIONS T O VOTER

After marking your vote, fold the ballot-paper so as to conceal your vote, place it in the ballot-paper envelope and seal that envelope. Place the ballot-paper envelope in the envelope addressed to the Returning Officer, seal that last-mentioned envelope and complete and sign the declaration printed on that last-mentioned envelope. Then post the envelope addressed to the Returning Officer so that it may reach the Returning

Officer not later than 12 o'clock noon on the________________________day of___________________

19

(a) Insert the name of the council in relation to which the election is held.

(b) Full names of candidates to be set out opposite the squares.

F O R M 2 Sub-regulation 25 (2)

T R A D E U N I O N T R A I N I N G A U T H O R I T Y R E G U L A T I O N S

D E C L A R A T I O N BY VOTER

I,_______________________of______________(address), declare that I am eligible to vote at the election of a representative of officers and employees of the Authority for appoinment as a part-time member of the (a)________________, the poll for which election closes

on____________ 19____, and I have not previously voted at the election.

Signature of voter

Signed before me this_______________________day

of____________________19

Signature of witness:

Address of witness:

(a) Insert the name of the council in relation to which the election is held.

SCHEDULE 2 Regulation 32

P R O C E D U R E FOR D E T E R M I N I N G RESULT OF ELECTION

1. In this Schedule, a reference to a first preference vote includes a reference to a vote that, in accordance with this Schedule, is to be deemed to be a first preference

vote.

2. The Returning Officer shall, in the presence of such scrutineers as attend, count the first preference votes given for each candidate on such of the ballot-papers referred to in paragraph 31 (g) as are not rejected as informal.

3. If a candidate has an absolute majority of first preference votes, that candidate shall be elected.

4. If no candidate has an absolute majority of first preference votes, the Returning Officer shall proceed as follows:

(a) the candidate who has had the fewest first preference votes shall be excluded;

(b)	all ballot-papers recording a first preference vote for that excluded candidate shall be scrutinised and, where any such ballot-paper records a second preference vote for another candidate, that second preference vote shall be counted to that other candidate and shall be deemed to be a first preference vote for that other candidate;
(c)	if, after the count referred to in paragraph (b), a candidate has an absolute majority of first preference votes, that candidate shall be elected;

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SCHEDULE 2—continued

(d) if, after the count referred to in paragraph (b), no candidate has an absolute majority of first preference votes, the process of—

(i) excluding the candidate who has had the fewest first preference votes in the last preceding count;

(ii) scrutinising all ballot-papers recording a vote that was counted in the last preceding count to that excluded candidate; and

(iii) where such a ballot-paper records a vote for an unexcluded candidate that is expressed as being the next preference vote of the voter—counting that last mentioned vote to that unexcluded candidate and deeming that vote to be a first preference vote for that unexcluded candidate,

shall be repeated until one candidate has an absolute majority of first preference

votes and that candidate shall be elected.

5. If, on any count, 2 or more candidates have an equal number of votes, and one of them has to be excluded, the Returning Officer shall decide by lot which candidate is to be excluded.".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 January 1987.

2. Statutory Rules 1986 No. 203.