Health Services (Residential Services) Visitors Board Elections Regulations 2002

i Health Services (Residential Services) Visitors Board Elections Regulations 2002 S.R. No. 15/2002 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 1 3. Revocation 1 4. Definition 2 PART 2—PROCEDURE FOR ELECTING MEMBERS TO THE BOARD 3 5. Method of electing visitors to the board 3 6. Functions of the Secretary 3 7. Notice of an election 3 8. Information in notice 4 9. Nomination and polling days 4 10. Method of nominating 4 11. Form of nomination paper 4 12. Withdrawal of nomination 5 13. Contested election 5 14. Order of names on ballot paper 5 15. Distribution of ballot papers 6 16. Candidate's personal statement 6 17. Inclusion of candidate's personal statement 8 18. Method of voting 8 19. Manner of lodging vote 8 20. Receipt of reply paid return envelopes 9 21. Invalid votes 9 22. Method of counting votes 9 23. Recounts 10 24. Disputes 10 25. Declaration of election 10 26. Custody and destruction of election papers 11 -- 1 of 15 -- Regulation Page ii PART 3—CASUAL VACANCIES 12 27. Method for filling casual vacancies 12 ═══════════════ ENDNOTES 13 -- 2 of 15 -- 1 STATUTORY RULES 2002 S.R. No. 15/2002 Health Services Act 1988 Health Services (Residential Services) Visitors Board Elections Regulations 2002 The Governor in Council makes the following Regulations: Dated: 5 March 2002 Responsible Minister: JOHN THWAITES Minister for Health HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to prescribe requirements associated with elections to the Community (Residential Services) Visitors Board. 2. Authorising provision These Regulations are made under section 158 of the Health Services Act 1988. 3. Revocation The Health Services (Community Visitors Board Elections) Regulations 19921 are revoked. -- 3 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 2 4. Definition In these Regulations "board" means the Community (Residential Services) Visitors Board established by section 127 of the Health Services Act 1988. __________________ r. 4 -- 4 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 3 PART 2—PROCEDURE FOR ELECTING MEMBERS TO THE BOARD 5. Method of electing visitors to the board For the purposes of section 127(2)(b) of the Health Services Act 1988 an election must be— (a) held prior to 30 June in each year; (b) conducted in accordance with this Part. 6. Functions of the Secretary The functions of the Secretary under these Regulations are to— (a) appoint a returning officer to conduct an election of members to the board or the filling of any casual vacancy in respect of that board; (b) ensure that a list of names and addresses of visitors is kept and maintained; (c) fix the dates for nomination day and polling day; (d) determine questions relating to the validity or regularity of votes. 7. Notice of an election (1) The returning officer must give notice of an election in accordance with sub-regulation (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 visitor on the list of visitors provided to the returning officer by the Secretary. r. 5 -- 5 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 4 8. 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) a polling day. 9. Nomination and polling days (1) The nomination day must be on or before 1 May in each year. (2) The polling day must be on or before 1 June in each year. 10. Method of nominating (1) A 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 either in person by the candidate or by another person, or by sending the paper by post or sending a copy of the paper by facsimile or electronic transmission. (3) The returning officer must give a receipt for a nomination to any candidate— (a) whose nomination paper is lodged within the time referred to in sub-regulation (1); and (b) who requests a receipt. 11. Form of nomination paper A nomination paper must— (a) be in writing; (b) state that the visitor is nominating himself or herself as a candidate for election to the r. 8 -- 6 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 5 Community (Residential Services) Visitors Board; (c) contain the full name and address of the visitor nominating as a candidate; (d) contain the signature of the candidate and the date of the signing of that nomination paper. 12. Withdrawal of nomination (1) A 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 10(2) to the returning officer not later than 12 noon on nomination day. (2) The returning officer must not include the name of a visitor, who has withdrawn under sub- regulation (1), on any ballot paper for the election. 13. Contested election (1) If more than two nominations are received, the returning officer must conduct an election. (2) The returning officer must prepare ballot papers, postal ballot envelopes, ballot paper 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 board and who has not withdrawn under regulation 12; (b) written advice regarding the method of voting set out in regulation 18. 14. Order of names on ballot paper The returning officer must include the names of the nominated candidates on the ballot paper in alphabetical order of their surnames. r. 12 -- 7 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 6 15. Distribution of ballot papers At least 14 days before the polling day, the returning officer must send to the postal address of each 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) the candidate's personal statements or advice that a candidate has not lodged a personal statement. 16. 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 either in person by the candidate or by another person, or by sending the statement by post or sending a copy of the statement by facsimile or other electronic transmission. (4) A candidate cannot in his or her personal statement refer to another candidate standing for election without the written consent of that other candidate. r. 15 -- 8 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 7 (5) Any written consent as required under sub- regulation (4) must be lodged or sent together with the candidate's personal statement. (6) The returning officer must only forward to visitors the first 150 words of a candidate's personal statement. (7) The returning officer may— (a) liaise with any candidate with respect to the content or form of his or her personal statement; and (b) amend a candidate's personal statement in accordance with the written authorisation of the candidate or a person duly authorised by a candidate. (8) The returning officer must keep a record of all amendments made to a candidate's personal statement. (9) The returning officer must reject a candidate's personal statement if it contains a reference to any other candidate standing for election without the written consent of that other candidate. (10) The returning officer may reject a candidate's personal statement if in the opinion of the returning officer it contains offensive or obscene material or is likely to mislead or deceive a visitor in the casting of his or her vote. (11) A candidate who lodges a personal statement is responsible for the accuracy and integrity of all statements contained in it. (12) The returning officer must ensure that a candidate's personal statement remains confidential until distributed to visitors. r. 16 -- 9 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 8 17. Inclusion of candidate's personal statement (1) If a candidate lodges a personal statement, the returning officer must ensure that a copy of that statement is included in the postal ballot envelope sent to each visitor. (2) If a candidate does not lodge a personal statement, the returning officer must include in the postal ballot envelope, sent to each visitor, advice that the candidate has not lodged a personal statement. 18. Method of voting (1) To record a valid vote, a visitor must insert— (a) the number "1" on the ballot paper opposite the name of the candidate who is the visitor's first choice; and (b) the number "2" on the ballot paper opposite the name of the candidate who is the visitor's second choice— for member of the board. (3) The visitor may only use each number once. 19. 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 or cause the envelope to be posted or delivered, to reach the returning officer before 4.00 p.m. on polling day. r. 17 -- 10 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 9 20. Receipt of reply paid return envelopes As soon as practicable after the close of the election, the returning officer must— (a) remove the ballot paper envelope from each reply paid return envelope received before the close of the election; and (b) record receipt of the ballot paper envelope on the list of 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. 21. Invalid votes Any ballot paper which— (a) is not enclosed in a ballot paper envelope signed by a visitor; or (b) is received from a person whose name is not on the list of visitors; or (c) does not have a number "1" or "2" placed opposite two of the candidate's names in accordance with regulation 18— must not be counted. 22. Method of counting votes (1) The returning officer must count each "1" or "2" vote received by each candidate as one vote. (2) The returning officer must record the candidates who received the first and second most votes as elected to the board. r. 20 -- 11 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 10 (3) In the event of a tie of votes between candidates, the returning officer must determine out of those tied number of votes which of the candidates received the most "1" votes and record that candidate as elected to the board. (4) If, after undertaking the procedure set out in sub- regulation (3) there remains a tied vote, 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. 23. 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. 24. Disputes The Secretary may determine any question arising as to the validity or regularity of any vote. 25. Declaration of election (1) As soon as practicable after the counting of the votes, the returning officer must notify the results of the election to the Secretary and each candidate. (2) The Secretary must ensure that the results of the election are declared at a general meeting of visitors held prior to 30 June in each year. r. 23 -- 12 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 11 26. Custody and destruction of election papers The returning officer must ensure the safe custody of all materials used in an election for 12 months from the day the results of that election are declared. __________________ r. 26 -- 13 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 12 PART 3—CASUAL VACANCIES 27. Method for filling casual vacancies (1) If a vacancy arises in a position of an elected member of the board, other than by expiry of the member's term, the Secretary must appoint a returning officer to fill the casual vacancy for the remainder of the current term. (2) The returning officer must undertake the requirements of Part 2 in relation to the filling of any 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 board and advise the Secretary and each of the candidates accordingly. (4) Despite sub-regulation (2), the returning officer is not required to comply with any requirements as to time in Part 2 if the returning 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. ═══════════════ r. 27 -- 14 of 15 -- S.R. No. 15/2002 Health Services (Residential Services) Visitors Board Elections Regulations 2002 13 ENDNOTES 1 Reg 3: S.R. No. 38/1992. Endnotes -- 15 of 15 --