Commonwealth Teaching Service Regulations (Amendment)

Legislation au C1977L00019 Regulations Not in force Legislative Instrument

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Statutory Rules

1977 No. 19

REGULATIONS UNDER THE COMMONWEALTH TEACHING SERVICE ACT 1972.*

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 Commonwealth Teaching Service Act 1972.

Dated this eighteenth day of February, 1977.

JOHN R. KERR

Governor-General

By His Excellency’s Command,

J. L. CARRICK

Minister of State for Education.

________

Amendments of the Commonwealth Teaching Service Regulations †

Definitions.

1. Regulation 3 of the Commonwealth Teaching Service Regulations is amended by omitting the definition of “ election ” and substituting the following definition:—

“ ‘ election ’ means an election, by the officers of the Service, for the filling of any number, or combination, of vacancies in the offices of—

(a) the officers’ representative on the Disciplinary Appeal Board;

(b) deputy of the officers’ representative on the Disciplinary Appeal Board;

(c) the officers’ representatives on Promotions Appeal Boards;

(d) deputies of the officers’ representatives on Promotions Appeal Boards;”.

Nominations.

2. Regulation 15 of the Commonwealth Teaching Service Regulations is amended by inserting after the word “ election ” the words “may be for one or more of the offices to be filled at an election and ”.

Need for poll.

3. Regulation 16 of the Commonwealth Teaching Service Regulations is amended—

(a) by inserting after the word “ election ” the words “ to an office ”; and

(b) by inserting after the word “ elected ” the words “ to that office ”.

* Notified in the Australian Government Gazette on 23 February 1977.

† Statutory Rules 1973, No. 143 as amended by Statutory Rules 1973, No. 225; 1974, No. 12; and 1976, No. 294.


4. Regulation 17 of the Commonwealth Teaching Service Regulations is repealed and the following regulation substituted:—

One vote per officer for each office to be filled.

“ 17. At a poll, each officer is entitled to one vote only in respect of each office to be filled.”.

Distribution of ballot-papers.

5. Regulation 18 of the Commonwealth Teaching Service Regulations is amended by inserting in sub-regulation (1), after the word “ ballot-paper ” (first occurring), the words “ for each office to be filled ”.

Rectification of list of officers.

6. Regulation 19 of the Commonwealth Teaching Service Regulations is amended by inserting in sub-regulation (3), after the word “ ballot-paper ” (first occurring), the words “ for each office to be filled ”.

Ballot-papers.

7. Regulation 20 of the Commonwealth Teaching Service Regulations is amended by inserting in sub-regulation (2), after the word “ candidates ”, the words “ for election to an office ”.

Custody of ballot-papers and scrutiny.

8. Regulation 22 of the Commonwealth Teaching Service Regulations is amended by inserting in paragraph (c) of sub-regulation (2), after the words “ mutatis mutandis ”, the words “ and subject to these Regulations ”.

9. The Commonwealth Teaching Service Regulations are amended by inserting after regulation 22 the following regulation:—

Counting of votes where an officer is candidate for election as an officers’ representative or deputy of the officers’ representative on the some Board.

“ 22a. Where an officer has nominated for the position of both the officers’ representative and deputy of the officers’ representative on the Disciplinary Appeal Board, or has nominated for the position of the officers’ representative on a Promotions Appeal Board and has also nominated for the position of deputy of the officers’ representative on that Promotions Appeal Board, the poll for the filling of the position of the officers’ representative on the Disciplinary Appeal Board or that Promotions Appeal Board shall be determined first, and if that officer is elected to the position of the officers’ representative on the Disciplinary Appeal Board or that Promotions Appeal Board—

(a) he shall, upon being so elected, become ineligible to be elected also as deputy of the officers’ representative on the Disciplinary Appeal Board, or that Promotions Appeal Board, as the case may be; and

(b) a vote for that officer on a ballot-paper in respect of the filling of the position of deputy of the officers’ representative on the Disciplinary Appeal Board or that Promotions Appeal Board, as the case may be, shall be counted as a vote for the candidate next in order of the voter’s preference, and the numbers indicated on that ballot-paper for the voter’s subsequent preferences shall be deemed to be altered accordingly.”.

Allowance or rejection of ballot-papers.

10. Regulation 23 of the Commonwealth Teaching Service Regulations is amended by omitting the words “ The provisions of ” and substituting the words “ Subject to these Regulations, the provisions of ”.

Overview

The Commonwealth Teaching Service Regulations 1977, made under the Commonwealth Teaching Service Act 1972, were introduced to amend the existing regulations governing the Commonwealth Teaching Service, focusing on the electoral processes within the service. This legislative instrument was enacted by the Governor-General, acting on the advice of the Federal Executive Council, and it aims to refine and clarify the procedures for elections within the service, including the process for nominating candidates and the conduct of elections. The objective is to ensure that the electoral process within the Commonwealth Teaching Service is orderly, transparent, and fair, thereby maintaining the integrity of the representative positions on various boards. These amendments reflect a commitment to enhancing the governance and operational efficiency of the service by updating the electoral regulations to better suit the current needs and structure of the Commonwealth Teaching Service.

Scope and Application

The Commonwealth Teaching Service Regulations, enacted under the Commonwealth Teaching Service Act 1972, govern the operational procedures for elections within the Commonwealth Teaching Service (CTS), a federal government body responsible for employing and managing teachers across Australia. These regulations primarily apply to officers within the CTS, governing their eligibility, the nomination process, voting rights, and the conduct of elections for various representative positions, such as those on the Disciplinary Appeal Board and Promotions Appeal Boards. The regulations are designed to ensure a fair and transparent electoral process, providing clear guidelines on how elections should be conducted, including the distribution and scrutiny of ballot papers, the counting of votes, and the handling of votes where an officer nominates for multiple positions. The application of these regulations is national in scope, as they pertain to the federal nature of the CTS. The regulations do not explicitly state exclusions or thresholds but are detailed enough to cover the procedural aspects of elections within the specified offices. Additionally, the regulations can be extended or modified through subordinate instruments, allowing for adjustments to the electoral process as needed.

Key Provisions

The Regulations under the Commonwealth Teaching Service Act 1972, particularly as amended in 1977, introduce several key provisions that modify the electoral processes within the Commonwealth Teaching Service. Regulation 3 redefines the term "election" to specify that it pertains to the selection of officers for various representative positions, including those on the Disciplinary Appeal Board and Promotions Appeal Boards. Regulation 15 allows nominations for one or more offices to be made concurrently. Regulation 16 and 17 clarify that a poll may be required for a specific office and that each officer is entitled to one vote per office. Furthermore, Regulation 22a introduces a specific voting procedure where an officer cannot simultaneously hold the positions of officers’ representative and deputy on the same Board, and it outlines the handling of ballots in such scenarios. The obligations imposed by these Regulations require officers to adhere to the specified voting procedures, ensuring that each officer votes only once for each office to be filled, as stated in Regulation 17. Officers must also follow the defined process for nominations, as amended in Regulation 15. Furthermore, the process for the distribution, custody, and scrutiny of ballot-papers must be meticulously followed, with particular attention to the inclusion of each office to be filled, as indicated in Regulations 18, 19, 20, and 22. The Regulations also mandate that the list of officers be accurately rectified before the voting process begins, as outlined in Regulation 19. Failure to comply with these Regulations may result in various consequences. Although the Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, non-compliance could potentially lead to procedural irregularities or disputes within the electoral process. Such irregularities could impact the legitimacy and fairness of the elections, potentially necessitating judicial review or other corrective measures to ensure compliance with the legislative intent and the overarching objectives of the Commonwealth Teaching Service Act 1972.

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