ATSIC (Regional Councils — Election of Officeholders) Regulations 1993

ATSIC (Regional Councils — Election of Officeholders) Regulations 1993

Statutory Rules 1993 No. 379 as amended

made under the

Aboriginal and Torres Strait Islander Commission Act 1989

This compilation was prepared on 21 November 2002
taking into account amendments up to SR 2002 No. 275

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary

 1 Name of regulations [see Note 1] 

 2 Commencement 

 3 Repeal of Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations             

 4 Interpretation 

 5 Regional Manager 

 6 Election not to be held before zone election 

Part 2 Elections at the first meetings of regional councils after their election

Division 1 Nominations

 7 Calling for nominations 

 8 Manner of nomination 

 9 Declaration of nominations 

Division 2 Polling

 10 Order of polls 

 11 Determination of order of candidates on ballot‑papers             

 12 Ballot-papers 

 13 Polling procedure 

 14 Manner of voting 

Division 3 Counting votes

 15 Scrutineers 

 16 Conduct of the count 

 17 Informal ballot-papers 

 18 Completion of the count 

Division 4 Other matters

 19 Declaration 

 20 Request for recount 

Part 3 Other elections

 21 Election of new Chairperson or Deputy Chairperson 

 22 Election of new alternate Deputy Chairperson 

 22A Specified offices 

Part 4 Miscellaneous

 23 Recording of result of election 

 24 Advice to the Commission 

 25 Destruction of election materials 

Schedule Method of determining the election of a candidate 

Notes 

Part 1 Preliminary

1 Name of regulations [see Note 1]

  These regulations are the ATSIC (Regional Councils — Election of Officeholders) Regulations 1993.

2 Commencement

  These regulations commence on 31 January 1994.

3 Repeal of Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations

  Statutory Rules 1990 No. 399, 1991 No. 256 and 1992 No. 393 are repealed.

4 Interpretation

  In these regulations, unless the contrary intention appears:

Act means the Aboriginal and Torres Strait Islander Commission Act 1989.

alternate Deputy Chairperson, in relation to a Regional Council, means the person elected under subsection 127J (1) of the Act to be the alternate of the Deputy Chairperson.

approved:

 (a) in relation to an election for the Chairperson or Deputy Chairperson of a Regional Council — means approved by the Electoral Commissioner; and

 (b) in relation to an election for the alternate Deputy Chairperson of a Regional Council — means approved by the Electoral Commissioner or the Chief Executive Officer.

candidate means a candidate in an election to which these regulations apply.

Chairperson, in relation to a Regional Council, means the person elected under paragraph 127 (1) (a) of the Act to be the Chairperson.

Deputy Chairperson, in relation to a Regional Council, means person elected under paragraph 127 (1) (b) of the Act to be the Deputy Chairperson.

Regional Manager means:

 (a) the member of the staff of the Commission who performs the duties of the office of Regional Manager in relation to the region for which a Regional Council is established; or

 (b) if subregulation 5 (2) applies — the person nominated under that subregulation.

returning officer:

 (a) in relation to an election for the Chairperson or Deputy Chairperson of a Regional Council — means a member of the staff of the Australian Electoral Commission who is nominated by the Electoral Commissioner for the purposes of the election; and

 (b) in relation to an election for the alternate Deputy Chairperson of a Regional Council, means:

 (i) a member of the staff of the Australian Electoral Commission who is nominated by the Electoral Commissioner as a returning officer for the election; or

 (ii) the Regional Manager for the region for which the Regional Council is established; or

 (iii) a person nominated, in writing, by the Regional Manager.

voter means a person who is eligible to vote in an election to which these regulations apply.

5 Regional Manager

 (1) The Regional Manager must attend the first meeting of a Regional Council after it is elected.

 (2) If the Regional Manager is unable to attend the meeting, the Chief Executive Officer must nominate a member of the staff of the Commission to attend the meeting in the place of the Regional Manager.

6 Election not to be held before zone election

  The first meeting of a Regional Council after it is elected must not begin before the declaration of the poll for the zone election relating to the region for which the Regional Council is established.

Part 2 Elections at the first meetings of regional councils after their election

Division 1 Nominations

7 Calling for nominations

 (1) Within 7 days after the declaration of all the polls under rule 101 of the Regional Council Election Rules for a region, the Commission must give the Australian Electoral Commission a list of members of the Regional Council and their last known postal addresses.

 (2) At least 7 days before the first meeting of a Regional Council after it is elected, a returning officer must send to each member of the Regional Council:

 (a) a list of the names of the members of the Regional Council; and

 (b) an approved form for the nomination of a candidate for:

 (i) the office of Chairperson or Deputy Chairperson; or

 (ii) the office of alternate Deputy Chairperson.

8 Manner of nomination

 (1) A nomination must:

 (a) be in the approved form for the nomination of a candidate:

 (i) for the office of Chairperson or Deputy Chairperson; or

 (ii) for the office of alternate Deputy Chairperson; and

 (b) set out the name, place of residence and occupation of the candidate; and

 (c) specify the office, or offices, for which the candidate is nominated; and

 (d) be signed by another member of the Regional Council; and

 (e) indicate the form in which the candidate’s name is to be presented on the ballot-paper; and

 (f) include a declaration by the candidate to the effect that he or she:

 (i) is a member of the Regional Council; and

 (ii) consents to act if elected.

 (2) Subject to subregulation (3), a nomination must be given to the returning officer not later than 15 minutes after the beginning of the first meeting of the Regional Council after it is elected.

 (3) If the returning officer announces to the meeting that:

 (a) there is no candidate for the office of Chairperson, Deputy Chairperson or alternate Deputy Chairperson; or

 (b) if, after the election of the Chairperson, there is no candidate remaining for the office of Deputy Chairperson; or

 (c) if, after the election of the Deputy Chairperson, there is no candidate remaining for the office of alternate Deputy Chairperson;

a nomination for the office of Chairperson, Deputy Chairperson or alternate Deputy Chairperson, as the case requires, may be given to the returning officer within a period of 15 minutes following the announcement.

 (4) A nomination that is not made in accordance with this regulation is invalid.

 (5) Not later than the time specified in subregulation (2) or (3), as the case requires, a candidate may withdraw his or her candidacy by giving to the returning officer a written notice to that effect that is signed by the candidate.

9 Declaration of nominations

 (1) As soon as practicable after the time specified in subregulation 8 (2) or (3), as the case requires, the returning officer must produce for inspection by the members of the Regional Council present at the meeting all nominations received by him or her and declare the names of the candidates.

 (2) If only 1 candidate is nominated for the office of Chairperson, the returning officer must declare that candidate to be elected.

 (3) If only 1 candidate is nominated for the office of Deputy Chairperson and that candidate is not also a candidate for the office of Chairperson, the returning officer must declare the candidate to be elected as Deputy Chairperson.

 (4) If only 1 candidate is nominated for the office of alternate Deputy Chairperson and that candidate is not also a candidate for the office of Chairperson or Deputy Chairperson, the returning officer must declare the candidate to be elected as alternate Deputy Chairperson.

 (5) If, after the election of the Chairperson has been declared, there is only 1 remaining candidate for the office of Deputy Chairperson, the returning officer must declare the candidate to be elected as Deputy Chairperson.

 (6) If, after the election of the Deputy Chairperson has been declared, there is only 1 remaining candidate for the office of alternate Deputy Chairperson, the returning officer must declare the candidate to be elected as alternate Deputy Chairperson.

 (7) If there is more than 1 remaining candidate nominated for the office of Chairperson, Deputy Chairperson or alternate Deputy Chairperson, the returning officer must conduct a poll of the members of the Regional Council to decide the election.

 (8) If, after the time specified in subregulation 8 (2) or (3), as the case requires, there is no remaining candidate nominated for the office of Chairperson, Deputy Chairperson or alternate Deputy Chairperson, the returning officer must notify the Commission that the election cannot take place.

Division 2 Polling

10 Order of polls

 (1) The election for the Chairperson must be concluded before the election for the Deputy Chairperson commences.

 (2) The election for the Deputy Chairperson must be concluded before the election for the alternate Deputy Chairperson commences.

11 Determination of order of candidates on ballot‑papers

 (1) For the purposes of determining the order in which the names of candidates appear on the ballot-paper for an election, the returning officer must conduct a public draw at which the order is determined by lot.

 (2) In this regulation, a public draw means a drawing of the names of candidates that is open to members of the Regional Council in attendance.

12 Ballot-papers

  A ballot-paper must:

 (a) be in the approved form; and

 (b) set out the names of the candidates in the order determined under regulation 11; and

 (c) set out voting instructions that are consistent with regulation 14.

13 Polling procedure

 (1) Before an election, the returning officer must exhibit to the members of the Regional Council the empty ballot-box and then securely fasten the cover of the ballot-box.

 (2) The returning officer must give to each member at the meeting a ballot-paper for the election that is initialled by the returning officer.

 (3) Immediately after giving a member his or her ballot-paper, the returning officer must mark off that member’s name on a list of members of the Regional Council.

14 Manner of voting

 (1) A voter is entitled to one vote in an election.

 (2) A voter must mark his or her preference, or preferences, on the ballot-paper for the election:

 (a) if the person wishes to vote for one candidate — by placing the number “1” opposite the name of the candidate for whom the person wishes to vote; or

 (b) if the person wishes to vote for more than one candidate — by placing opposite the name of each of the candidates voted for, in the order of the person’s preferences, a number in a series of consecutive numbers beginning with “1”.

 (3) After marking his or her preference, or preferences, on a ballot‑paper, a voter must, before the end of a period of 10 minutes after he or she has received the ballot-paper from the returning officer:

 (a) fold the ballot-paper so as to conceal the vote; and

 (b) place the ballot-paper in the ballot-box.

 (4) If, before placing his or her ballot-paper in the ballot-box, a voter:

 (a) claims that he or she has spoiled the ballot-paper; and

 (b) returns the ballot-paper to the returning officer; and

 (c) requests a further ballot-paper;

the returning officer must:

 (d) give the voter a fresh ballot-paper; and

 (e) endorse the returned ballot-paper by writing “spoilt” across it and sign and date the endorsement.

 (5) A ballot-paper that is not placed in the ballot-box before the end of the period specified in subregulation (3) must be disregarded.

Division 3 Counting votes

15 Scrutineers

 (1) Each candidate in an election may appoint in writing 1 scrutineer to represent him or her at the count of votes in the election.

 (2) An appointment must be:

 (a) in the approved form; and

 (b) given to the returning officer before the count begins.

16 Conduct of the count

  As soon as practicable after:

 (a) the end of the period specified in subregulation 14 (3); or

 (b) all voters have cast their votes;

whichever occurs first, the returning officer must, in the presence of the voters and scrutineers who attend:

 (c) open the ballot-box; and

 (d) take out the ballot-papers; and

 (e) deal with the ballot-papers in accordance with the Schedule.

17 Informal ballot-papers

 (1) A ballot-paper is informal if:

 (a) it is not initialled by the returning officer; or

 (b) it has no vote marked on it; or

 (c) it does not indicate the voter’s first preference for 1, and only 1, candidate; or

 (d) it has any mark or writing on it by which the voter can be identified.

 (2) The returning officer must reject a ballot-paper that is informal.

18 Completion of the count

 (1) After the counting of votes in accordance with this Division has been completed, the returning officer must:

 (a) make, sign and date a statement that sets out:

 (i) the number of votes given to each candidate in the election; and

 (ii) the number of informal ballot-papers; and

 (b) place in separate parcels:

 (i) ballot-papers rejected as informal; and

 (ii) ballot-papers accepted as formal; and

 (iii) ballot-papers endorsed under subregulation 14 (4); and

 (c) endorse each parcel to indicate clearly its contents and the election to which it relates, and sign and date the endorsement; and

 (d) keep the parcels in a secure place.

 (2) A scrutineer may countersign a statement under paragraph (1) (a) or an endorsement under paragraph (1) (c).

Division 4 Other matters

19 Declaration

  As soon as practicable after the completion of the count, the returning officer must declare to the Regional Council the name of the candidate who is elected.

20 Request for recount

 (1) Subject to subregulation (3), the returning officer must conduct a recount of the ballot-papers received in an election if a candidate requests the returning officer to do so at any time before a declaration is made under regulation 19.

 (2) A request for a recount may be made orally or in writing.

 (3) A returning officer is not obliged to conduct more than 1 recount.

 (4) In conducting a recount in relation to an election, the returning officer:

 (a) has the same powers for the purposes of the recount as he or she had in respect of the counting of votes in the election; and

 (b) may make any decision about the allowance and admission, or disallowance and rejection, of a ballot-paper that he or she could have made in the count.

Part 3 Other elections

21 Election of new Chairperson or Deputy Chairperson

 (1) Subject to subregulation (2), the election of a new Chairperson or Deputy Chairperson of a Regional Council under subsection 127 (3) of the Act must be conducted in accordance with Part 2 as if the election were conducted for the purposes of paragraph 127 (1) (a) or (b) of the Act.

 (2) If the office of Chairperson or Deputy Chairperson of a Regional Council becomes vacant because the holder of the office is elected to an office specified in regulation 22A, Part 2 has effect for the election of a new Chairperson or Deputy Chairperson as if:

 (a) regulation 7 were omitted and the following regulation substituted:

‘7 Calling for nominations: Chairperson or Deputy Chairperson vacancy

As soon as practicable after a vacancy occurs in the position of Chairperson or Deputy Chairperson of a Regional Council, the returning officer must call for nominations to fill that office.’; and

 (b) subregulation 8 (2) were omitted and the following subregulation substituted:

“(2) A nomination must be given to the returning officer not more than 15 minutes after the calling of nominations.”.

22 Election of new alternate Deputy Chairperson

 (1) At any meeting of a Regional Council that follows the first meeting of that Regional Council after its election, if the office of alternate Deputy Chairperson of that Regional Council is vacant, the Regional Council may elect an alternate Deputy Chairperson.

 (2) Subject to subregulation (3), the election must be conducted in accordance with Part 2 as if the meeting at which the election is conducted were the first meeting of the Regional Council after its election.

 (3) If the office of alternate Deputy Chairperson of a Regional Council becomes vacant because the holder is elected to an office specified in regulation 22A and the Regional Council decides to elect a new alternate Deputy Chairperson, Part 2 has effect for the election of the new alternate Deputy Chairperson as if:

 (a) regulation 7 were omitted and the following regulation substituted:

‘7 Calling for nominations: alternate Deputy Chairperson vacancy

As soon as practicable after a vacancy occurs in the office of alternate Deputy Chairperson of a Regional Council and the Regional Council decides to elect a new alternate Deputy Chairperson, the returning officer must call for nominations to fill that office.’; and

 (b) subregulation 8 (2) were omitted and the following subregulation substituted:

“(2) A nomination must be given to the returning officer not more than 15 minutes after the calling of nominations.”.

22A Specified offices

  For subregulations 21 (2) and 22 (3), the following offices are specified:

 (a) for any vacancy — Commissioner;

 (b) for a vacancy in the office of Deputy Chairperson of a Regional Council — Chairperson of a Regional Council;

 (c) for a vacancy in the office of alternate Deputy Chairperson of a Regional Council:

 (i) Chairperson of a Regional Council;

 (ii) Deputy Chairperson of a Regional Council.

Part 4 Miscellaneous

23 Recording of result of election

  There must be recorded in the minutes of the meeting of the Regional Council at which an election is held:

 (a) the results of the election; and

 (b) the statement prepared by the returning officer under paragraph 18 (1) (a).

24 Advice to the Commission

  As soon as practicable after the completion of an election, the returning officer must advise the Commission in writing of the results of the election.

25 Destruction of election materials

  At the end of 3 months after an election, the returning officer must destroy any nomination, ballot-paper or appointment of a scrutineer for the election that is in his or her possession.

Schedule Method of determining the election of a candidate

(paragraph 16 (c))

1 Interpretation

 (1) For the purposes of a count, a candidate is taken to have an absolute majority of votes if:

 (a) the number of first preference votes given to the candidate is more than half of the total number of first preference votes given to all candidates in the count; or

 (b) after an exclusion, the number of votes given to that candidate is more than half of the total number of votes given to all unexcluded candidates.

 (2) For the purposes of a count, a ballot-paper must be set aside as exhausted if, at any stage during the count, the ballot-paper expresses no preference for an unexcluded candidate.

2 Votes to be counted

  The returning officer must count the first preference votes given to each candidate on ballot-papers that are not rejected as informal.

3 Candidate with absolute majority of first preference votes elected

  If a candidate has an absolute majority of first preference votes, the candidate is elected.

4 Distribution of preferences

 (1) If there is no candidate who receives an absolute majority of first preference votes, the candidate who has received the fewest first preference votes must be excluded, and each of that candidate’s ballot-papers must be transferred to the unexcluded candidate for whom the next available preference is expressed.

 (2) If there is then no candidate who has an absolute majority of votes, the process of excluding the candidate who has the fewest votes, and transferring that candidate’s ballot-papers to the unexcluded candidates for whom the next available preferences are expressed, must be repeated as often as necessary until 1 candidate receives an absolute majority of votes.

 (3) A candidate who receives an absolute majority of votes at any stage described in this clause is elected.

5 Determining the excluded candidate if candidates               receive the same number of votes

 (1) If:

 (a) 2 or more unexcluded candidates receive the same number of votes; and

 (b) one of those candidates is required to be identified for exclusion for the purposes of clause 4;

the returning officer must conduct an intermediate poll, involving only those candidates, to determine which of the candidates is excluded.

 (2) An intermediate poll must be conducted in accordance with Divisions 2, 3, and 4 of Part 2 of these regulations.

 (3) If, in the intermediate poll, a candidate receives fewer votes than any other candidate, the first-mentioned candidate is excluded.

 (4) If, in the intermediate poll:

 (a) 2 or more candidates receive the same number of votes; and

 (b) either:

 (i) there are no other candidates; or

 (ii) each of those candidates has received fewer votes than any other candidate;

the returning officer must conduct a public draw of lots to determine which of those candidates is excluded.

6 Determining the elected candidate if candidates               receive the same number of votes

 (1) If:

 (a) 2 unexcluded candidates receive the same number of votes; and

 (b) there are no other unexcluded candidates;

the returning officer must conduct an intermediate poll, involving only those candidates, to determine which of the candidates is elected.

 (2) An intermediate poll must be conducted in accordance with Divisions 2, 3 and 4 of Part 2 of these regulations.

 (3) In the intermediate poll, the candidate who receives the greatest number of votes is elected.

 (4) If, in the intermediate poll, each of the candidates receives the same number of votes, the returning officer must conduct a public draw of lots to determine which of the candidates is elected.

Notes to the ATSIC (Regional Councils — Election of Officeholders) Regulations 1993

Note 1

The ATSIC (Regional Councils — Election of Officeholders) Regulations 1993 (in force under the Aboriginal and Torres Strait Islander Commission Act 1989) as shown in this consolidation comprise Statutory Rules 1993 No. 379 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments