Victorian Institute of Teaching (Elections) Regulations 2002

i Victorian Institute of Teaching (Elections) Regulations 2002 S.R. No. 74/2002 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 1 3. Definitions 1 PART 2—ELECTIONS 3 4. Victorian Electoral Commission's functions and powers 3 5. Roll of electors 3 6. Entitlement to vote 4 7. Election dates 4 8. Notice of election 5 9. Nominations 5 10. Candidate's personal statement and photograph 6 11. No nomination 8 12. Uncontested elections 8 13. Contested elections 9 14. Withdrawal of a candidate 9 15. Death of a candidate 10 16. Inclusion of candidate's personal statement and photograph 10 17. Issue of ballot material 10 18. Return of ballot papers 11 19. Change to election day 12 20. Issue of new ballot papers 12 21. Victorian Electoral Commission to deal with ballot paper envelopes on receipt 13 22. Place where the votes are to be counted 13 23. Scrutineers 13 24. Validity of ballot paper 15 25. Production, opening and deposit of ballot papers 15 26. Use of electronic counting equipment 16 27. Counting votes if only one member is to be elected 16 28. Counting votes if 2 members are to be elected 18 29. Adjournment of scrutiny and the count of votes 20 -- 1 of 23 -- Regulation Page ii 30. Notification of results 20 31. Recounts 20 32. Publication of results 20 33. Custody and disposal of ballot papers 21 34. Transitional—first election 21 ═══════════════ -- 2 of 23 -- 1 STATUTORY RULES 2002 S.R. No. 74/2002 Victorian Institute of Teaching Act 2001 Victorian Institute of Teaching (Elections) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 3 September 2002 Responsible Minister: MONICA GOULD Minister for Education Services HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to provide for the conduct of elections for members of the Council of the Victorian Institute of Teaching. 2. Authorising provision These Regulations are made under section 83 of the Victorian Institute of Teaching Act 2001. 3. Definitions In these Regulations— "absolute majority of the votes" means a number of votes greater than one-half of the total number of valid ballot papers received (excluding ballot papers that are exhausted -- 3 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 2 or required to be rejected under regulation 27 or 28); "close of roll day" means the day fixed by the Victorian Electoral Commission under regulation 7 as the last day for enrolment or changes to the enrolment of teachers on the roll of electors; "continuing candidate" means a candidate not already elected or excluded from the count; "election day" means the day fixed by the Victorian Electoral Commission under regulation 7 or a later day fixed under regulation 19 as the last day on which postal ballots must be received by the Victorian Electoral Commission; "election official" means a person appointed by the Victorian Electoral Commission to assist in the conduct of an election; "exhausted ballot paper" means a ballot paper where the voter has failed to indicate a preference for any or all of the candidates after the first preference; "nomination day" means the day fixed by the Victorian Electoral Commission under regulation 7 as the day by which nominations of candidates for the election must be received by the Victorian Electoral Commission; "the Act" means the Victorian Institute of Teaching Act 2001; "working day" means a day other than Saturday, Sunday or a public holiday within the meaning of the Public Holidays Act 1993. __________________ r. 3 -- 4 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 3 PART 2—ELECTIONS 4. Victorian Electoral Commission's functions and powers (1) The Victorian Electoral Commission has the following functions and powers— (a) to appoint staff to assist in the conduct of the elections for the purposes of the Act; (b) to receive nominations from persons eligible to stand as candidates at the elections; (c) to arrange the conduct of voting at the elections; (d) to count all votes at the elections; (e) to declare and publicise the results of the elections; (f) all other functions and powers conferred by these Regulations. (2) The Victorian Electoral Commission must conduct the elections in accordance with the optional preferential system of voting set out in these Regulations. 5. Roll of electors (1) As soon as practicable after the close of the roll, the Institute must certify that the roll is complete and correct. (2) The Institute must supply a certified copy of the roll of electors to the Victorian Electoral Commission within 7 days after the close of the roll. (3) The roll of electors must indicate the category of membership of the Council for which each elector is entitled to vote under section 8(4) of the Act. r. 4 -- 5 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 4 (4) The roll of electors must include the following information— (a) number of electors on the roll; (b) surname and other name or names of each elector on the roll; (c) address of each elector on the roll to which the ballot material is to be sent. (5) The roll of electors must be in an electronic format as specified by the Victorian Electoral Commission. 6. Entitlement to vote Only an elector who is enrolled to vote by the close of roll date for the election is entitled to vote at that election. 7. Election dates (1) For the purpose of an election, the Victorian Electoral Commission must fix the following dates in accordance with this regulation— (a) the day by which registered teachers entitled to be enrolled to vote at an election for the purpose of section 8(4) of the Act must have applied to the Institute for enrolment or changes to the enrolment; (b) the day for the opening of nominations; (c) the day by which nominations of candidates for the election must be received by the Victorian Electoral Commission; (d) the day on which ballot papers are to be sent or delivered to electors under regulation 17(1); (e) the day by which postal votes in that election must be received by the Victorian Electoral Commission. r. 6 -- 6 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 5 (2) The day by which postal votes are to be received must be— (a) a working day; and (b) at least 4 weeks after the close of nominations. (3) The nomination day must be a working day that is at least 7 days after the day for the opening of nominations. 8. Notice of election (1) The Victorian Electoral Commission must cause a notice of each election to be published in a daily newspaper circulating throughout Victoria. (2) The notice must specify the following— (a) the vacant position or positions for which the election is to be held; (b) the election dates referred to in regulation 7; (c) the address at which the Victorian Electoral Commission will receive nominations. 9. Nominations (1) A teacher who is entitled to vote at an election for a member of the Council under section 8(4)(a) of the Act may nominate to be a candidate for the election of that member. (2) A principal who is entitled to be elected as a member of the Council under section 8(4)(b) of the Act may nominate to be a candidate for the election of that member. (3) A person who wishes to nominate to be a candidate at the election must, before noon on the nomination day, deliver or cause to be delivered to the Victorian Electoral Commission a nomination paper naming that person as a candidate at the election. r. 8 -- 7 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 6 (4) A person is not entitled to nominate as a candidate for more than one position as a member of the Council under section 8(4) of the Act. (5) The nomination paper must in be in the form approved by the Victorian Electoral Commission and— (a) specify the vacancy in the council membership under section 8(4) of the Act for which the person seeks election; and (b) contain a declaration by the person nominated as a candidate that he or she is entitled to be a candidate for that council membership; and (c) be signed by that candidate; and (d) be seconded by one other teacher entitled to vote in the election for that vacancy for membership. (6) The nomination paper may be lodged either in person by the candidate or by another person, or by sending the nomination paper by post or sending a copy of the nomination paper by facsimile transmission. (7) The Victorian Electoral Commission must issue a receipt for a nomination paper on the request of the candidate nominated. 10. Candidate's personal statement and photograph (1) A candidate may lodge a personal statement with the Victorian Electoral Commission before noon on the nomination day. (2) A candidate cannot in his or her personal statement refer to another candidate standing in the election without the written consent of that other candidate. r. 10 -- 8 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 7 (3) Written consent required by sub-regulation (2) must be lodged with the Victorian Electoral Commission together with the candidate's personal statement. (4) A candidate may lodge a recent passport size photograph with the Victorian Electoral Commission before noon on the nomination day for inclusion in the candidate's personal statement. (5) A personal statement and a photograph may be lodged— (a) in person by the candidate or by another person; or (b) by sending the personal statement and photograph by post; or (c) in the case of a personal statement, by sending a copy of the personal statement by electronic or facsimile transmission; or (d) in the case of a photograph, by sending a copy of the photograph by electronic transmission. (6) The Victorian Electoral Commission must not print the words of a candidate's personal statement after the words that exceed the number fixed by the Victorian Electoral Commission under section 59(8) of the Act. (7) The Victorian Electoral Commission may— (a) liaise with any candidate about the content or form of the candidate's 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 the candidate before the day that the candidate's personal statement is printed. r. 10 -- 9 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 8 (8) The Victorian Electoral Commission must keep a record of all amendments made to a candidate's personal statement. (9) The Victorian Electoral Commission must reject a candidate's personal statement if it contains any reference to any other candidate standing for the election without the written consent of that other candidate. (10) The Victorian Electoral Commission may reject a candidate's personal statement if in the opinion of the Victorian Electoral Commission it contains offensive or obscene material or is likely to mislead or deceive a voter in the casting of the vote of the voter. (11) A candidate who lodges a personal statement must ensure that all statements contained in it are true and include on the statement a declaration to this effect signed by the candidate. 11. No nomination If the Victorian Electoral Commission does not receive a valid nomination for an election, the Victorian Electoral Commission must, within 7 days after the nomination day, place a notice to this effect in a newspaper circulating generally throughout Victoria. 12. Uncontested elections If the number of candidates for an election to a vacancy or vacancies in a membership of the Council is equal to or less than the number of vacancies to be filled at that election, the Victorian Electoral Commission must, by notice published in a newspaper circulating generally throughout Victoria, declare that section 59(3) of the Act applies to the candidate or candidates and forward a copy of the notice to the Institute. r. 11 -- 10 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 9 13. Contested elections (1) An election for a vacancy in a membership of the council must be held if the number of persons who have become candidates for the election to that vacancy exceeds the number of members to be elected to that vacancy. (2) Immediately after 12 noon on the nomination day, the Victorian Electoral Commission must determine the order of names of candidates on ballot papers to be used in an election by drawing the names of candidates by lot in a manner determined by the Commission either manually or by computer. (3) Candidates may be present at the ballot draw. (4) If a similarity in the names of 2 or more candidates is likely to cause confusion, the names of those candidates may be arranged with any descriptions that are determined by the Victorian Electoral Commission to distinguish them from one another. (5) The Victorian Electoral Commission must cause ballot papers to be printed— (a) with the surnames and other names of all the candidates at the election; and (b) in the order determined by the Victorian Electoral Commission. (6) A ballot paper must not contain a candidate's title, qualifications or reference to political parties, allegiances or causes. 14. Withdrawal of a candidate (1) A candidate for any election may withdraw his or her consent to his or her nomination by lodging with the Victorian Electoral Commission a notice of withdrawal at any time before noon on the nomination day. r. 13 -- 11 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 10 (2) A person who withdraws their nomination in accordance with sub-regulation (1) cannot be elected at the election. 15. Death of a candidate If any candidate dies before the declaration of the result, the Victorian Electoral Commission must distribute the second preferences of the candidate to the next candidate in accordance with these Regulations. 16. Inclusion of candidate's personal statement and photograph (1) The Victorian Electoral Commission must ensure that any personal statement and any photograph lodged by a candidate— (a) is included in the ballot material sent to each voter; and (b) in the case of a statement, is printed substantially in the same type, format and spacing as that used by the candidate if practicable having regard to the format of ballot material developed by the Victorian Electoral Commission for all candidates. (2) If a candidate does not lodge either a personal statement or photograph or both a personal statement and photograph the Victorian Electoral Commission must include in the ballot material sent to each voter, advice to that effect. 17. Issue of ballot material (1) The Victorian Electoral Commission must, not later than 14 days after the nomination day and not later than 14 days before the election day, send by post, or cause to be delivered, to each voter— (a) the ballot paper or ballot papers for the election; r. 15 -- 12 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 11 (b) voting instructions; (c) copies of any statements and photographs provided by the candidates; (d) an envelope for the ballot paper or ballot papers; (e) a reply paid return envelope. (2) An election is not invalidated by reason merely that a ballot paper, by error or omission, has been forwarded to a person who is not entitled to vote or not forwarded to a person who is entitled to vote. 18. Return of ballot papers (1) The voter must— (a) insert the ballot-paper marked in accordance with regulation 24 in the ballot paper envelope provided and seal the envelope; and (b) sign his or her name on the ballot paper envelope in the place provided and fill in the date in the place provided; and (c) place the ballot paper envelope in the return envelope provided. (2) The voter must post or deliver the return envelope containing the ballot paper envelope and ballot paper to the Victorian Electoral Commission at the address on the envelope so as to reach the Victorian Electoral Commission not later than 5.00 pm on the election day or deliver it to the place notified in writing by the Victorian Electoral Commission to the voter not later than 5.00 pm on the election day. r. 18 -- 13 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 12 (3) Postal votes in an election must be received by the Victorian Electoral Commission on or before 5.00 pm on the election day to be counted in the election. 19. Change to election day (1) The Victorian Electoral Commission may alter the last day on which postal votes must be received and fix a later election day if satisfied that— (a) there has been an unforeseen delay in the printing of election materials or in the processing of candidates' personal statements; or (b) there has been any disruption to the postal service that would in the opinion of the Victorian Electoral Commission necessitate altering the election day; or (c) there are other special circumstances that justify the alteration to the election day. (2) If the Victorian Electoral Commission alters the election day, it must— (a) immediately give public notice in a newspaper of the new election day; and (b) if postal ballot envelopes have not yet been issued, indicate in the notice the week in which they are likely to be issued. 20. Issue of new ballot papers If a voter gives to the Victorian Electoral Commission a declaration to the effect that the voter has not received a ballot paper or that the ballot paper received has been lost, spoilt or destroyed and that the voter has not already voted, the Victorian Electoral Commission may issue a new ballot paper to that voter if it is able to do so before 5.00 pm on the election day. r. 19 -- 14 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 13 21. Victorian Electoral Commission to deal with ballot paper envelopes on receipt (1) The Victorian Electoral Commission may on the receipt of a ballot paper return envelope at any time before 5.00 pm on election day— (a) remove the ballot paper envelopes from the return envelopes; (b) separate the signed ballot paper envelopes from the unsigned ballot paper envelopes and record receipt of each ballot paper envelope on the electoral roll; (c) accept any ballot paper envelopes that are undated but disallow the unsigned ballot paper envelopes; and (d) place each signed ballot paper envelope in a sealed postal ballot receptacle. (2) The Victorian Electoral Commission must after 5.00 pm on election day deal in accordance with sub-regulation (1) with all ballot papers received on or before that time that have not already been dealt with under sub-regulation (1). (3) The Victorian Electoral Commission must reject any ballot paper envelope not received in accordance with regulation 18(2). 22. Place where the votes are to be counted The Victorian Electoral Commission must designate the place or places where the votes are to be counted and must advise each of the candidates of the place, date and time where the count is to be made. 23. Scrutineers (1) A candidate may appoint scrutineers to scrutinise the electoral activities outlined in sub-regulation (5). r. 21 -- 15 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 14 (2) A notice of appointment of a scrutineer must be— (a) in a form approved by the Victorian Electoral Commission; and (b) produced for inspection on request by the Victorian Electoral Commission or an election official. (3) Only one scrutineer for each candidate may be present at any time. (4) A scrutineer must not— (a) interfere with or attempt to influence any election official during the scrutiny or the count; or (b) communicate with any person in the place where the scrutiny or count is being conducted except so far as is necessary in the discharge of the functions of the scrutineer. (5) A scrutineer may scrutinise the following electoral activities only— (a) the receipt and processing of the ballot paper envelopes; (b) the opening and emptying of a postal ballot receptacle; and (c) the counting and recounting of ballot-papers. (6) The Victorian Electoral Commission may have a scrutineer removed if— (a) more than one scrutineer for a candidate is present at a counting table at any one time; or (b) the scrutineer fails to obey a lawful direction from the Victorian Electoral Commission or an election official. r. 23 -- 16 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 15 (7) A person cannot be appointed as a scrutineer if he or she is— (a) an employee or officer of the Victorian Institute of Teaching; or (b) a candidate at the election; or (c) a candidate in any election for the Council conducted simultaneously with that election. 24. Validity of ballot paper (1) A voter must mark his or her ballot paper by placing the figure 1 in the square opposite the name of the candidate for whom he or she wishes to vote, and may indicate further preferences by placing the figures 2, 3, 4 (and so on as the case requires) in the squares opposite the names of the candidates so as to indicate his or her preference for them. (2) In order to be valid, a ballot paper must have the figure 1 in the square opposite the name of one of the candidates. 25. Production, opening and deposit of ballot papers As soon as practicable after 5 pm on election day, the Victorian Electoral Commission must— (a) produce unopened all signed ballot paper envelopes containing ballot papers received up to that time; and (b) open each signed envelope, withdraw the ballot paper or ballot papers and deposit them in the postal ballot receptacle; and (c) when all ballot papers have been deposited in the postal ballot receptacle, withdraw the ballot papers and count the votes in accordance with regulations 27 and 28. r. 24 -- 17 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 16 26. Use of electronic counting equipment (1) Electronic counting equipment approved by the Victorian Electoral Commission may be used to assist in the counting of votes at an election. (2) The Victorian Electoral Commission may issue directions modifying the procedure specified for the counting of votes in these Regulations to facilitate the use of electronic counting equipment. 27. Counting votes if only one member is to be elected (1) If one member is to be elected under section 8(4)(a)(ii), (iv), (v) or (vi) or 8(4)(b)(i) or (ii) of the Act, the Victorian Electoral Commission must with the assistance of any election officials and in the presence and subject to the inspection of any one scrutineer appointed by each candidate but of no other person deal with the ballot papers and count the votes in accordance with this regulation. (2) The Victorian Electoral Commission must remove the ballot papers from the ballot paper receptacle and establish the number of first preference votes for each of the candidates. (3) The candidate who has received the greatest number of first preference votes, if that number constitutes an absolute majority of votes, is to be declared elected by the Victorian Electoral Commission. (4) If no candidate has an absolute majority of the votes, the Victorian Electoral Commission must— (a) arrange the ballot papers by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and (b) declare the candidate who has obtained the fewest first preference votes to be the excluded candidate; and r. 26 -- 18 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 17 (c) omit the ballot papers that exhaust because the next preference is not sequential; and (d) distribute the ballot papers counted to the excluded candidate amongst the continuing candidates next in order of the voter's preference; and (e) omit the ballot papers which have exhausted after the first preference and recalculate the absolute majority. (5) After the distribution, the number of votes given to each excluded candidate must again be ascertained. (6) If no candidate then has an absolute majority of votes, the process of declaring the candidate who has the fewest votes to be excluded, excluding the exhausted ballot papers from the count, recalculating the new absolute majority and distributing the ballot-papers amongst the excluded candidates next in order of the voter's preference, is repeated and the votes recounted after every redistribution, until one candidate has obtained an absolute majority of votes. (7) The candidate who obtains an absolute majority of votes is to be declared elected. (8) If on any count 2 or more candidates have an equal number of votes and one of them has to be declared excluded, the Victorian Electoral Commission must decide by lot which is to be declared excluded. (9) If on the final count 2 candidates have received an equal number of votes the result is to be determined by lot by the Victorian Electoral Commission. r. 27 -- 19 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 18 28. Counting votes if 2 members are to be elected (1) If 2 members are to be elected under section 8(4)(a)(i) or (iii) of the Act, the Victorian Electoral Commission must deal with the ballot papers and count the votes in accordance with this regulation. (2) The first vacancy is to be filled in the manner specified in regulation 27 for determining the result where one member is to be elected. (3) The second vacancy is to be filled in the manner specified in sub-regulations (4), (5), (6), (7) and (8). (4) The Victorian Electoral Commission with the assistance of any election officials and in the presence and subject to the inspection of any one scrutineer appointed by each candidate but of no other person must— (a) re-arrange all the ballot papers (other than the ballot papers which are rejected) under the names of the respective candidates for which a first preference is indicated; and (b) calculate the absolute majority; and (c) place the ballot papers on which a first preference is indicated for the elected candidate in the parcel of the continuing candidate next in order of the voter's preference; and (d) determine the total number of votes given to each continuing candidate; and (e) re-calculate the absolute majority excluding ballot papers exhausted during this distribution. r. 28 -- 20 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 19 (5) If no candidate has an absolute majority of votes the election official must— (a) declare the candidate who has received the fewest votes an excluded candidate; and (b) distribute the ballot papers counted to the excluded candidate amongst the continuing candidates next in order of the voter's preference; and (c) determine the total number of votes given to each continuing candidate; and (d) re-calculate the absolute majority; and (e) declare the candidate who then has received the greatest number of votes if that number constitutes an absolute majority of votes to be duly elected. (6) If no candidate then has an absolute majority of votes the process of declaring the candidate who has the fewest votes an excluded candidate, distributing the ballot papers amongst the continuing candidates next in order of the voter's preference, omitting the exhausted ballot papers from the count and re-calculating the absolute majority is to be repeated until one candidate has received an absolute majority of votes and is declared elected. (7) If on any count 2 or more candidates have an equal number of votes and one of them has to be declared an excluded candidate the Victorian Electoral Commission must determine by lot which is to be declared the excluded candidate. (8) If on the final count 2 candidates have received an equal number of votes the result is to be determined by lot by the Victorian Electoral Commission. r. 28 -- 21 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 20 29. Adjournment of scrutiny and the count of votes (1) The count of votes may from time to time be adjourned as the Victorian Electoral Commission considers necessary until it has been duly completed. (2) The Victorian Electoral Commission must announce each adjournment to the scrutineers and the election officials assisting. 30. Notification of results As soon as practicable after the conclusion of the count, the Victorian Electoral Commission must notify all candidates of the result of the election. 31. Recounts (1) At any time before 7 days after all candidates have been notified of the result of the election, the Victorian Electoral Commission may, on the written request of any candidate stating the reasons for the request or on the Victorian Electoral Commission's own motion, arrange the conduct of a recount of the votes for the election. (2) If the votes at an election are to be recounted, the Victorian Electoral Commission must notify all candidates at the election of— (a) the recount; and (b) the results of the recount at that election. 32. Publication of results The Victorian Electoral Commission must, by notice published in a newspaper circulating throughout Victoria, declare the result of the election, and must forward a copy of the notice to the Institute. r. 29 -- 22 of 23 -- S.R. No. 74/2002 Victorian Institute of Teaching (Elections) Regulations 2002 21 33. Custody and disposal of ballot papers (1) The Victorian Electoral Commission must ensure the safe custody of all ballot papers and envelopes used at an election for 60 days after the publication of the result of the election. (2) The Victorian Electoral Commission may, if authorised to do so under the Public Records Act 1973, destroy all ballot papers and envelopes used at an election 60 days after the publication of the result of the election. 34. Transitional—first election Despite anything to the contrary in these Regulations, the Institute may fix a date for the close of the roll for the first election conducted after the commencement of these Regulations that is at least 5 weeks before the election date and is published in a newspaper circulating generally throughout Victoria. ═══════════════ r. 33 -- 23 of 23 --