Nursing (Electoral) Regulations 1997

Nursing (Electoral) Regulations 1997

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Nursing Act 1995 .

23 December 1997

G. S. M. GREEN

Governor

By His Excellency's Command,

PETER McKAY

Minister for Community and Health Services

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Nursing (Electoral) Regulations 1997 .

2.   Commencement

These regulations take effect on 1 January 1998.

3.   Interpretation

In these regulations –

the Act means the Nursing Act 1995 ;

appointed day means the day on which the ballot for an election closes;

appointed place means the place that the Returning Officer appoints for the scrutiny of voting papers in an election;

Board means the Nursing Board of Tasmania;

candidate means a person standing for election to the Board under section 6(1)(b) of the Act;

Chief Electoral Officer means the person for the time being holding or acting in, or otherwise authorised to exercise the powers of, the office of Chief Electoral Officer under the Electoral Act 1985 ;

closing day means the day on which nominations for an election close;

election means an election for the purposes of section 6(1)(b) of the Act;

eligible nurse means a nurse who holds a practising certificate;

extended closing day means the day to which, under regulation 12 , the Returning Officer extends the period for nominations;

newspaper means a newspaper that is published daily in the State and circulated in each region of the State;

nominee means a person nominated as a candidate;

notice means notice in writing;

postal envelope means the envelope referred to in regulation 16(1)(e) ;

Returning Officer means the person appointed under regulation 4 ;

voter means a person who is eligible to vote in an election;

voting envelope means the envelope referred to in regulation 16(1)(d) ;

voting directions means the directions that are issued to each voter under regulation 16(1)(b) by the Returning Officer.

PART 2 - Returning officer

4.   Appointment of Returning Officer

(1)  The Chief Electoral Officer must, when an election is required, appoint a Returning Officer for that election.

(2)  The terms of appointment are as determined by the Chief Electoral Officer.

5.   Conduct of election by Returning Officer

(1)  The Returning Officer must conduct the election in accordance with these regulations.

(2)  For the purposes of conducting the election and determining who, at any particular time, is eligible to vote in the election, stand for election or be declared elected, the Returning Officer is entitled to rely on the register and the roll as an accurate record.

PART 3 - Nominations

6.   Notification of election

(1)  The Returning Officer must, no later than 28 days before the day on which the election is to be held, cause notice of the election to be published in a newspaper.

(2)  The notice is to –

(a) explain the purpose of the election; and

(b) explain who is eligible to stand for election; and

(c) explain who is eligible to vote; and

(d) specify the number of vacancies to be filled; and

(e) call for nominations; and

(f) specify where nomination forms may be obtained; and

(g) explain how to make a nomination; and

(h) specify the date of the closing day and of the appointed day.

7.   Nomination forms

The Returning Officer must –

(a) prepare a sufficient number of nomination forms to enable the election to take place; and

(b) ensure that the forms are available for use on the day the notice referred to in regulation 6 is published.

8.   Nomination of candidates

(1)  A person who wishes to be a candidate must lodge a nomination form with the Returning Officer.

(2)  The nomination form is to –

(a) be in a form provided or approved by the Returning Officer; and

(b) be completed in accordance with the instructions on the form; and

(c) be signed by 2 eligible nurses; and

(d) contain a declaration by the nominee that he or she is qualified and willing to be a candidate; and

(e) be signed by the nominee.

(3)  A nomination form is invalid if –

(a) it is not completed in accordance with subregulation (2) ; or

(b) it is not received by the Returning Officer by noon on the closing day or, in a case to which regulation 12 applies, by noon on the extended closing day; or

(c) on the closing day or, in a case to which regulation 12 applies, on the extended closing day, the nominee, or either of the signatories referred to in subregulation (2)(c) , is not an eligible nurse.

9.   Candidate statements

(1)  A candidate may supply the Returning Officer with a written statement for inclusion on a candidate information sheet, as provided for in regulation 15 .

(2)  The statement must be received by the Returning Officer by noon on –

(a) the closing day; or

(b) in a case to which regulation 12 applies, the extended closing day.

(3)  The statement is not to –

(a) exceed 150 words; or

(b) mention any other candidate unless the signed consent of that other candidate is received by the Returning Officer with the statement.

(4)  The Returning Officer may, interfering as little as possible with the content of the statements received –

(a) edit any or all of those statements to make them consistent, in style and layout, and to ensure that they are grammatically correct; and

(b) shorten to the required length any statement that does not comply with subregulation (3)(a) .

(5)  If the Returning Officer does not receive a statement from a candidate, that fact is to be indicated on the candidate information sheet in the place where the candidate's statement would otherwise have appeared.

10.   Withdrawal of nominations

(1)  A candidate may withdraw his or her nomination at any time before noon on the closing day or, in a case to which regulation 12 applies, the extended closing day by giving notice of the withdrawal to the Returning Officer.

(2)  A notice of withdrawal is invalid if it is not received by the Returning Officer by the deadline specified in subregulation (1) .

11.   Declaration of result if no ballot required

(1)  If nominations for no more than 2 candidates are received by the Returning Officer by noon on the closing day, the Returning Officer must, if satisfied that the nominations are valid, declare that candidate or those candidates elected.

(2)  The Returning Officer must, within 7 days of the declaration, cause notice of the declaration to be published in a newspaper.

(3)  The notice is to specify at least the date of the declaration and the name of each person elected.

12.   Procedure if insufficient nominations

(1)  If less than 2 nominees are declared elected under regulation 11 , the Returning Officer must extend the period for nominations for the remaining vacancy or vacancies to a day not later than 10 days before the appointed day.

(2)  The Returning Officer must cause notice of the fixing of an extended closing day to be published in a newspaper.

(3)  The notice is to –

(a) explain the reason why the notice is being published; and

(b) explain who is eligible to stand for election; and

(c) explain who is eligible to vote; and

(d) specify the number of vacancies remaining to be filled; and

(e) call for further nominations for the remaining vacancy or vacancies; and

(f) specify where nomination forms may be obtained; and

(g) explain how to make a nomination; and

(h) specify the date of the extended closing day and of the appointed day.

(4)  The notice may, if applicable, be combined with the notice referred to in regulation 11 .

13.   Declaration after extended closing day if no ballot required

If no more nominations than the remaining vacancies are received by noon on the extended closing day, the Returning Officer must declare the nominated candidate or candidates elected and notice is to be given in the manner provided for in regulation 11 .

PART 4 - Conducting a ballot

14.   When is a ballot required?

If the number of persons nominated by noon on the closing day or extended closing day is greater than the number of vacancies that have to be filled, the Returning Officer must conduct a ballot.

15.   Preparation of ballot papers

(1)  For the purposes of a ballot, the Returning Officer must –

(a) prepare a voting paper and a candidate information sheet; and

(b) cause a sufficient number of each of those documents to be printed to enable each eligible voter to participate in the ballot.

(2)  The voting paper is to –

(a) specify the number of vacancies that have to be filled; and

(b) contain a list of the candidates, stating the full name of each, in the order determined by lot by the Returning Officer; and

(c) feature a square alongside the name of each candidate.

(3)  The candidate information sheet is to contain the candidate statements supplied by the candidates, as edited, if necessary, by the Returning Officer, in the same order in which the candidates appear on the voting paper.

16.   Distribution of voting papers

(1)  The Returning Officer must, no later than 10 days before the appointed day, send by post to each voter –

(a) a voting paper; and

(b) directions as to how a voter may cast a valid vote and directions for returning the voting paper to the Returning Officer; and

(c) a candidate information sheet; and

(d) a small plain envelope for the voting paper; and

(e) a larger, pre-addressed, envelope for the return of the voting paper to the Returning Officer.

(2)  The voting directions may be endorsed on the voting paper or contained in a separate document.

17.   Casting a vote

(1)  Voting is not compulsory.

(2)  To cast a valid vote an intending voter must, in accordance with the voting directions –

(a) mark the ballot paper, once for each vacancy that has to be filled, with the letter "X" in the square opposite the candidate of the voter's choice; and

(b) seal the voting paper in the voting envelope; and

(c) place the voting envelope inside the postal envelope; and

(d) post that postal envelope to the Returning Officer so as to be received by the Returning Officer before noon on the appointed day.

18.   Invalid votes

(1)  A voting paper is invalid if –

(a) it is not received by the Returning Officer by noon on the appointed day; or

(b) it has not been completed in accordance with the voting directions.

(2)  The Returning Officer must not take an invalid voting paper into account in the election.

PART 5 - Determining election result following ballot

19.   Determining result

(1)  Voting at an election is on a first-past-the-post basis.

(2)  The result of an election is to be ascertained by scrutiny.

20.   Notification of place for counting votes

The Returning Officer must give reasonable notice to the candidates of the appointed place.

21.   Appointment of scrutineers

(1)  A candidate may, no later than noon on the appointed day, by notice to the Returning Officer, appoint a scrutineer.

(2)  A candidate is not entitled to –

(a) be a scrutineer; or

(b) appoint more than one scrutineer; or

(c) be present personally at the scrutiny.

(3)  A scrutineer is entitled to be present at the scrutiny but the Returning Officer is not obliged to delay the scrutiny if any scrutineer is not present.

22.   Conduct of count

(1)  The Returning Officer must, as soon as practicable after noon on the appointed day, conduct the scrutiny of votes at the appointed place.

(2)  At the scrutiny, the Returning Officer must –

(a) satisfy himself or herself that each person who has voted is entitled to vote and has voted only once; and

(b) open each postal envelope and remove the voting envelope; and

(c) place all the voting envelopes together.

(3)  The Returning Officer must, after complying with subregulation (2)  –

(a) open each voting envelope and remove the voting paper; and

(b) satisfy himself or herself that it represents a valid vote; and

(c) count the number of voting papers that represent valid votes and place them together; and

(d) count the number of voting papers that do not represent valid votes and place them together; and

(e) count the valid votes for each candidate.

23.   Result if equality of votes

(1)  In the event that more candidates than are to be elected receive the highest number of votes and an equal number of votes, the Returning Officer is to determine which of those candidates is elected by the drawing of lots.

(2)  In the event that one candidate alone receives the highest number of votes and is elected, but more candidates than remain to be elected receive the second highest number of votes and an equal number of votes, the Returning Officer is to determine which one of those candidates is elected by the drawing of lots.

PART 6 - Notification of result after ballot

24.   Declaration of result of election

The Returning Officer must, if a ballot is held, declare the results of the election as soon as the scrutiny is completed.

25.   Publication of result of election

The Returning Officer must, within 7 days of the declaration of the result of the election –

(a) cause notice of the declaration, including the name of each person elected, to be published in a newspaper; and

(b) notify the Minister and the Board of the names of the persons elected and the number of votes cast for each candidate in the election.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 31 December 1997

These regulations are administered in the Department of Community and Health Services.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations provide for the conduct of elections under section 6(1)(b) of the Nursing Act 1995 , being elections that elect 2 representatives of the nursing profession to the Nursing Board of Tasmania.