Disability Further Amendment Regulations 2009

i Disability Further Amendment Regulations 2009 S.R. No. 76/2009 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 New Part 1 heading inserted 2 6 New Part 2 heading inserted 2 7 Regulation 8 revoked 2 8 New Part 3 heading inserted 2 9 New Part 4 inserted 3 PART 4—COMMUNITY VISITORS 3 Division 1—Election of community visitors to the Community Visitors Board 3 12 When elections must be held 3 13 Returning officer appointed 3 14 Notice of an election 4 15 Information in notice 4 16 Nomination and polling days 4 17 Method of nominating 5 18 Form of nomination paper 5 19 Withdrawal of nomination 6 Division 2—Conduct of election 6 20 Contested election 6 21 Order of names on ballot paper 6 22 Distribution of ballot papers 7 23 Candidate's personal statement 7 24 Method of voting 8 25 Manner of lodging vote 8 26 Receipt of reply paid return envelopes 8 27 Invalid votes 9 28 Method of counting votes and declaration of result 9 29 Recounts 10 30 Disputes 10 31 Notification of the election results 10 32 Custody of election papers 10 -- 1 of 17 -- Regulation Page ii Division 3—Casual vacancies 11 33 Method for filling casual vacancies 11 Division 4—Transitional provision 12 34 Transitional provision for the Community Visitors Board 12 Division 5—Record of visits by community visitors 13 35 Prescribed particulars for record of visits 13 10 Substitution of Schedule 13 SCHEDULE—Record of Visits by Community Visitors 13 ═══════════════ ENDNOTES 15 -- 2 of 17 -- 1 STATUTORY RULES 2009 S.R. No. 76/2009 Disability Act 2006 Disability Further Amendment Regulations 2009 The Governor in Council makes the following Regulations: Dated: 30 June 2009 Responsible Minister: LISA NEVILLE Minister for Community Services TOBY HALLIGAN Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Disability Regulations 2007— (a) to prescribe procedures for Community Visitors Board elections; and (b) to prescribe a new Record of Visits of Community Visitors form. 2 Authorising provision These Regulations are made under section 221 of the Disability Act 2006. 3 Commencement These Regulations come into operation on 1 July 2009. -- 3 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 2 4 Principal Regulations In these Regulations, the Disability Regulations 2007 1 are called the Principal Regulations. 5 New Part 1 heading inserted Insert the following heading before regulation 1 of the Principal Regulations— "PART 1—PRELIMINARY". 6 New Part 2 heading inserted Insert the following heading before regulation 5 of the Principal Regulations— "__________________ PART 2—FINANCIAL MATTERS". 7 Regulation 8 revoked Regulation 8 of the Principal Regulations is revoked. 8 New Part 3 heading inserted Insert the following heading before regulation 9 of the Principal Regulations— "__________________ PART 3—TREATMENT AND FEES". r. 4 -- 4 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 3 9 New Part 4 inserted After regulation 11 of the Principal Regulations insert— '__________________ PART 4—COMMUNITY VISITORS Division 1—Election of community visitors to the Community Visitors Board 12 When elections must be held (1) For the purposes of section 32(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 of this Part. (2) The office of one community visitor elected to the Community Visitors Board falls vacant each year. (3) A community visitor elected to the Community Visitors Board holds office from 1 July of the year that he or she 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. 13 Returning officer appointed The Public Advocate must appoint a returning officer— (a) to conduct elections of members to the Community Visitors Board; r. 9 -- 5 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 4 (b) to ensure that a list of names and addresses of community visitors is kept and maintained; (c) to fix the dates for nomination day and polling day; (d) to determine questions relating to the validity or regularity of votes. 14 Notice 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 the 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. 15 Information in notice The notice of an election must specify— (a) the nomination day, on or before which nomination of candidates for election must be lodged; (b) the place where nominations must be lodged; (c) the polling day. 16 Nomination 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. r. 9 -- 6 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 5 17 Method of nominating (1) A community visitor who intends to be a candidate at an election, must lodge, or cause to be lodged, 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 sending a copy of the paper by facsimile or by other electronic transmission. (3) The returning officer must give a receipt for a nomination to any candidate— (a) whose nomination paper is lodged no later than 12 noon on the nomination day; and (b) who requests a receipt. 18 Form of nomination paper A nomination paper must— (a) be in writing; and (b) state that the community visitor is nominating himself or herself as a candidate for election to the Community Visitors Board; and (c) contain the full name and address of the community visitor nominating as a candidate; and (d) contain the signature of the candidate and the date of the signing of that nomination paper. r. 9 -- 7 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 6 19 Withdrawal 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 17(2) to the returning officer not later than 12 noon on 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 20 Contested 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 contain— (a) the full name of each candidate who has nominated for election to the Community Visitors Board and who has not withdrawn under regulation 19; and (b) written advice regarding the method of voting set out in regulation 24. 21 Order 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. r. 9 -- 8 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 7 (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 his or her representative. 22 Distribution 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; (b) a ballot paper; (c) a ballot paper envelope; (d) a reply paid return envelope addressed to the returning officer; (e) each candidate's personal statement or advice that the candidate has not lodged a personal statement. 23 Candidate'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 no later than 12 noon on the third day after nomination day. (3) A candidate's personal statement may be lodged— (a) in person; or (b) by sending the statement by post; or r. 9 -- 9 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 8 (c) sending a copy of the statement by facsimile or by other electronic transmission. (4) A candidate must not in his or her personal statement refer to another candidate standing for election without the written consent of that other candidate. 24 Method 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 the member of the Community Visitors Board. 25 Manner of lodging vote After marking the ballot paper, the elector must— (a) place the ballot paper in the ballot paper envelope and seal the envelope; and (b) sign his or her name on that envelope and include the date of the 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. 26 Receipt 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— r. 9 -- 10 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 9 (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; 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. 27 Invalid votes A ballot paper must not be counted if it— (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; or (c) does not have a number "1" placed opposite one of the candidates' names in accordance with regulation 24. 28 Method of counting votes and declaration of result (1) The returning officer must declare as elected to the Community Visitors Board the candidate who received the most votes. r. 9 -- 11 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 10 (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. 29 Recounts (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 his or her own motion. (2) The returning officer must advise all candidates if a recount is to be conducted. 30 Disputes The Public Advocate must determine any question arising as to the validity or regularity of any vote. 31 Notification of the election results (1) As soon as practicable after declaring the results of the election, the returning officer must notify the results of the election to the Public Advocate and each candidate. (2) The Public Advocate must inform each community visitor in writing of the results of the election within 14 days after the day on which the results of the election are declared. 32 Custody of election papers The returning officer must ensure the safe custody of all materials used in an election for 30 days from the day on which the results of that election are declared. r. 9 -- 12 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 11 Division 3—Casual vacancies 33 Method for filling casual vacancies (1) If a vacancy arises in an office of an elected member of the Community Visitors 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 record the name of the candidate— (a) who is a sole nominee; or (b) if more than one nomination is received, the candidate who received the most votes at the election conducted to fill the casual vacancy— as elected to the Community Visitors Board and advise the Public Advocate and each of the candidates accordingly. (4) Despite subregulation (1), if a casual vacancy occurs less than 2 months before the office expires, the Public Advocate is not required to comply with that subregulation and the office may remain vacant until a community visitor is elected under Division 2. (5) Despite subregulation (2), if a casual vacancy occurs less than 4 months before the office expires, the returning officer is not required to comply with any requirements as to time in Divisions 1 and 2 if the returning r. 9 -- 13 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 12 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. Division 4—Transitional provision 34 Transitional provision for the Community Visitors Board (1) A community visitor holding office as a member of the Community Visitors Board immediately before 1 July 2009 continues as a member of the Board until either 30 June 2010 or 30 June 2011 unless he or she sooner resigns or the office of that community visitor becomes vacant. (2) In respect of the offices referred to section 32(2)(b) of the Act— (a) the office held by the community visitor who received the most votes when elected to office will fall vacant on 30 June 2011; and (b) the office held by the community visitor who received the second most votes when elected to office will fall vacant on 30 June 2010. (3) If it cannot be determined under subregulation (2) which office is held by each community visitor, the returning officer must separately place the names of both office holders in a container and arrange for another person to draw out the name of— (a) one office holder and declare that the office held by that person will fall vacant on 30 June 2011; and r. 9 -- 14 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 13 (b) the second office holder and declare that the office held by that person will fall vacant on 30 June 2010. (4) The returning officer must notify in writing both office holders with the date on which each office will become vacant by 1 August 2009. Division 5—Record of visits by community visitors 35 Prescribed particulars for record of visits For the purposes of section 132 of the Act, the prescribed form is the form in the Schedule.'. 10 Substitution of Schedule For the Schedule to the Principal Regulations substitute— "SCHEDULE RECORD OF VISITS BY COMMUNITY VISITORS Disability Act 2006 Section 132 Disability Regulations 2007 Regulation 35 Reference No.: Facility: Arrival time: Names of Community Visitors (print): Date: 1. Issues from previous visit/s: None † Resolved † Unresolved † If unresolved, give brief details and status: r. 10 -- 15 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 14 2. Observations: 3. Issues and matters for attention: Written response required † Signature of person in charge: Name: Date signed: ". ═══════════════ r. 10 -- 16 of 17 -- S.R. No. 76/2009 Disability Further Amendment Regulations 2009 15 ENDNOTES 1 Reg. 4: S.R. No. 60/2007 as amended by S.R. No. 26/2009. Endnotes -- 17 of 17 --