Health Services (Community Health Centre Elections) (Amendment) Regulations 2003

Victorian Legislation and Parliamentary Documents i Health Services (Community Health Centre Elections) (Amendment) Regulations 2003 S.R. No. 94/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Definition of Victorian Electoral Commission 2 6. Heading to Part 2 of Principal Regulations 2 7. Functions of the Victorian Electoral Commission 2 8. Chief executive officer's duties 3 9. New regulation 5A inserted 3 5A. Closure of rolls 3 10. Notice of an election 4 11. New regulation 6A inserted 4 6A. Information for candidates 4 12. Information in election notice 4 13. Method of nominating 5 14. Nomination paper 5 15. Updated references to Victorian Electoral Commission 5 16. New regulation 25A inserted 5 25A. Notification of results 5 17. Updated references to Victorian Electoral Commission 5 18. Method of counting votes 6 19. Updated references to Victorian Electoral Commission 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2003 S.R. No. 94/2003 Health Services Act 1988 Health Services (Community Health Centre Elections) (Amendment) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 29 July 2003 Responsible Minister: BRONWYN PIKE Minister for Health HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to make further provision for the conduct of elections for members of boards of management of community health centres. 2. Authorising provision These Regulations are made under section 158 of the Health Services Act 1988. 3. Commencement These Regulations come into operation on 1 August 2003. 4. Principal Regulations In these Regulations, the Health Services (Community Health Centre Elections) Regulations 20011 are called the Principal Regulations. -- 2 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 94/2003 Health Services (Community Health Centre Elections) (Amendment) Regulations 2003 2 5. Definition of Victorian Electoral Commission In regulation 3 of the Principal Regulations— (a) the definition of "Electoral Commissioner" is revoked; (b) in the definition of "the Act" for "1988." substitute "1988;"; (c) insert the following definition— ' "Victorian Electoral Commission", except in Part 2, includes a person appointed to act for, or to assist, the Victorian Electoral Commission in the conduct of an election of members to a board or the filling of casual or extraordinary vacancies in respect of that board.'. 6. Heading to Part 2 of Principal Regulations For the heading to Part 2 of the Principal Regulations substitute— "PART 2—VICTORIAN ELECTORAL COMMISSION". 7. Functions of the Victorian Electoral Commission In regulation 4 of the Principal Regulations— (a) in the heading, for "Electoral Commissioner" substitute "Victorian Electoral Commission"; (b) in sub-regulation (1), for "Electoral Commissioner" (where twice occurring) substitute "Victorian Electoral Commission"; r. 5 -- 3 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 94/2003 Health Services (Community Health Centre Elections) (Amendment) Regulations 2003 3 (c) in sub-regulation (1)(d), for "votes." substitute— "votes; (e) do any other thing relating to the conduct of elections that the Victorian Electoral Commission is empowered or required to do by these Regulations.". 8. Chief executive officer's duties In regulation 5 of the Principal Regulations, for "Electoral Commissioner" (wherever occurring) substitute "Victorian Electoral Commission". 9. New regulation 5A inserted After regulation 5 of the Principal Regulations insert— "5A. Closure of rolls (1) The Victorian Electoral Commission must, on receiving the advice referred to in regulation 5(a)— (a) fix the day the roll of electors of the centre will close; (b) provide a notice advising of the closure of the roll of electors to the chief executive officer of the centre for display at the centre; (c) publish the notice referred to in paragraph (b) in a newspaper circulating generally in the area declared by the Secretary under section 45 of the Act to be the area served by the centre. r. 8 -- 4 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 94/2003 Health Services (Community Health Centre Elections) (Amendment) Regulations 2003 4 (2) The day that the roll of electors closes must not be less than 7 days after publication of the notice advising of the closure of the roll in accordance with sub-regulation (1)(c).". 10. Notice of an election In regulation 6 of the Principal Regulations— (a) in sub-regulation (1)— (i) for "Electoral Commissioner" substitute "Victorian Electoral Commission"; (ii) for "at least" substitute "not more than 10 days after the closure of the roll of electors for the centre and not less than"; (b) sub-regulation (2)(b) is revoked; (c) in sub-regulation (2)(c), for "Electoral Commissioner" substitute "Victorian Electoral Commission". 11. New regulation 6A inserted After regulation 6 of the Principal Regulations insert— "6A. Information for candidates The Victorian Electoral Commission must— (a) provide prospective candidates with an information kit about the election process, including a nomination form; (b) deal with enquiries from prospective and nominated candidates.". 12. Information in election notice Regulation 7(a) of the Principal Regulations is revoked. r. 10 -- 5 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 94/2003 Health Services (Community Health Centre Elections) (Amendment) Regulations 2003 5 13. Method of nominating In regulation 9 of the Principal Regulations, for "Electoral Commissioner" (where twice occurring) substitute "Victorian Electoral Commission". 14. Nomination paper Regulation 10(d) of the Principal Regulations is revoked. 15. Updated references to Victorian Electoral Commission In regulations 11, 12(1) and (2), 13, 14, 15, 16, 17, 19(d), 20, 22, 24 and 25 of the Principal Regulations, for "Electoral Commissioner" (wherever occurring) substitute "Victorian Electoral Commission". 16. New regulation 25A inserted After regulation 25 of the Principal Regulations insert— "25A. Notification of results (1) The Victorian Electoral Commission must provide the chief executive officer of the centre and the Secretary with the election results. (2) The chief executive officer of the centre must provide each candidate with the election results.". 17. Updated references to Victorian Electoral Commission (1) In regulations 26, 27, 28, 29 and 30 of the Principal Regulations, for "Electoral Commissioner" (wherever occurring) substitute "Victorian Electoral Commission". r. 13 -- 6 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 94/2003 Health Services (Community Health Centre Elections) (Amendment) Regulations 2003 6 (2) In regulation 26(1)(b) of the Principal Regulations for "his or her own motion" substitute "the motion of the Commission". 18. Method of counting votes In Schedule 1 to the Principal Regulations— (a) for clause 4(3)(a) substitute— "(a) all the voting papers allotted to the elected candidate must be re-examined and for each unelected candidate the voting papers on which he or she is indicated as preferred to any other unelected candidate must be counted and recorded;"; (b) for clause 5(3) substitute— "(3) The voting papers of the excluded candidate remaining after allotment under sub-clause (2) must be allotted— (a) in the order of highest transfer value to lowest transfer value; (b) with the values at which they were allotted to him or her."; (c) in clauses 2(3)(d), 3, 4(3)(e) and 5(5) for "Electoral Commissioner" (wherever occurring) substitute "Victorian Electoral Commission". 19. Updated references to Victorian Electoral Commission (1) In clauses 2, 3, 4, 5, 7(2), 8, 11(1), 12(4), 13(2) and 14 of Schedule 2 to the Principal Regulations, for "Electoral Commissioner" (wherever occurring) substitute "Victorian Electoral Commission". r. 18 -- 7 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 94/2003 Health Services (Community Health Centre Elections) (Amendment) Regulations 2003 7 (2) In Schedule 2 to the Principal Regulations— (a) in clause 2(1)(b) for "Commissioner" substitute "Commission". (b) in clause 7(2), for "he or she" (wherever occurring) substitute "the Commission". ═══════════════ r. 19 -- 8 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 94/2003 Health Services (Community Health Centre Elections) (Amendment) Regulations 2003 8 ENDNOTES 1 Reg. 4: S.R. No. 51/2001. Endnotes -- 9 of 9 --