Commonwealth Numbered Regulations

1986 No. 395 TRADE UNION TRAINING AUTHORITY REGULATIONS (AMENDMENT) - REG 2

2. Part IV of the Trade Union Training Authority Regulations is repealed and
the following Parts and Schedules are substituted:

"PART IV - ELECTION OF STAFF REPRESENTATIVES
Division 1 - Preliminary Interpretation

"14. In this Part, unless the contrary intention appears - 'election' means an
election for the purposes of paragraph 14(1)(j) or
20(1)(e) of the Act or paragraph 5(1)(e) of these Regulations; 'return
envelope' means a return envelope of the kind referred to in subregulation
25(2); 'Returning Officer', in relation to an election, means the person
appointed under regulation 15 to be the Returning Officer for the purposes of
the election. Returning Officer

"15. The Electoral Commissioner shall appoint a person to be the Returning
Officer for the purposes of an election. Days to be fixed for purposes of
elections

"16. (1) For the purposes of an election, the National Director shall, by
instrument in writing, fix -

   (a)  the day that is to be the day after which candidates may be nominated
        for election, being a day not earlier than 7 days after the day on
        which the National Director issues that instrument;

   (b)  the day that is to be the last day on which candidates for election
        may be nominated, being a day not earlier than 21 days after the day
        fixed for the purpose of paragraph (a);

   (c)  the day that is to be the last day on which ballot-papers may be
        issued, being a day not later than 14 days before the day fixed for
        the purpose of paragraph (d); and

   (d)  the day that is to be the day for the close of the poll, being a day
        not earlier than 49 days and not later than 56 days after the day
        fixed for the purpose of paragraph (a).

"(2) The poll closes at 12 o'clock noon on the day fixed for the purpose of
paragraph (1)(d).

"(3) The National Director shall, not later than 7 days before the day fixed
for the purpose of paragraph (1)(a), deliver to the Returning Officer a copy
of the instrument under sub-regulation (1) fixing the days for the purposes of
the election. List of officers and employees

"17. As soon as practicable after the day fixed for the purpose of paragraph
16(1)(a) in relation to an election, the National Director shall prepare, and
deliver to the Returning Officer, a list showing the name and address of each
officer and employee who, on that day, is eligible to vote at the election.
Calling for nominations

"18. Upon receipt of the list prepared under regulation 17 in relation to an
election, the Returning Officer shall send to each person whose name appears
on the list, at the address shown in the list, a notice that -

   (a)  specifies the office in respect of which the election is to be held;

   (b)  specifies the days fixed under sub-regulation 16(1) for the purposes
        of the election;

   (c)  invites the nomination of officers or employees for election; and

   (d)  specifies the form in which, and the place at which, nominations are
        to be lodged. Nominations

"19. (1) The nomination of a candidate for election shall be in writing signed
by each nominator and the nominee.

"(2) The nomination of a candidate for election is not valid unless -

   (a)  the nominee consents in writing to the nomination;

   (b)  the nominee is a person who is eligible to vote at the election;

   (c)  each nominator is a person who is eligible to vote at the election;
        and

   (d)  the nomination is lodged with the Returning Officer after the day
        fixed for the purpose of paragraph 16(1)(a) in relation to the
        election and not later than the day fixed for the purpose of paragraph
        16(1)(b) in relation to the election. Withdrawal of nominations

"20. (1) A person nominated as a candidate for election may, by declaration
lodged with the Returning Officer not later than the day fixed for the purpose
of paragraph 16(1)(b) in relation to the election, withdraw his or her consent
to the nomination.

"(2) A declaration referred to in sub-regulation (1) by a person shall be
signed by the person before a Justice of the Peace or a Commissioner for
Affidavits.

"(3) A person who withdraws his or her consent to a nomination shall, not
later than the day fixed for the purpose of paragraph 16(1)(b) in relation to
the election, notify each nominator in writing of the withdrawal. Proceedings
on nomination day

"21. (1) If only one candidate is nominated in respect of an election, the
Returning Officer shall -

   (a)  by notice published in the Gazette, declare the candidate elected; and

   (b)  by notice in writing, inform the National Director of the person so
        elected.

"(2) If more than one candidate is nominated in respect of an election, the
Returning Officer shall conduct a poll to decide the election.

"(3) If no candidate is nominated in respect of an election, the election
shall be taken to have wholly failed. Persons eligible to vote

"22. The persons who are eligible to vote at an election are

   (a)  in the case of an election for the purposes of paragraph 14(1)(j) of
        the Act - the officers and employees of the Authority;

   (b)  in the case of an election for the purposes of paragraph 20(1)(e) of
        the Act - the officers and employees of the Authority who are, for the
        purposes of section 20 of the Act, taken to be employed in relation to
        the State in relation to which the election is held; and

   (c)  in the case of an election for the purposes of paragraph 5(1)(e) of
        these Regulations - the officers and employees of the Authority whose
        duties are usually performed in the Australian Capital Territory.
        Number of votes

"23. A person eligible to vote at an election is entitled to one vote only at
the election. Ballot-papers

"24. (1) A ballot-paper shall -

   (a)  be in accordance with Form 1 in Schedule 1; and

   (b)  specify the names of the candidates in an order determined by the
        Returning Officer by lot.

"(2) The Returning Officer shall initial each ballot-paper before it is
dispatched under regulation 25. Dispatch of ballot-papers

"25. (1) Where a poll is required under sub-regulation 21(2) to decide an
election, the Returning Officer shall, not later than the day fixed for the
purpose of paragraph 16(1)(c) in relation to the election, send to each person
whose name appears on the list delivered to the Returning Officer under
regulation 17 in relation to the election, at the address of that person shown
on the list -

   (a)  a ballot-paper;

   (b)  a ballot-paper envelope; and

   (c)  a return envelope.

"(2) A return envelope shall -

   (a)  have printed on it a declaration in accordance with Form 2 in Schedule
        1;

   (b)  be addressed to the Returning Officer at a specified private box of
        the kind referred to in regulation 26; and

   (c)  be an envelope that may be posted to the Returning Officer without
        expense to the voter.

"(3) The Returning Officer shall ensure that the ballot-paper and envelopes to
be sent to a person under sub-regulation (1) are enclosed in an envelope which
is fastened and addressed to the person.

"(4) The envelope last mentioned in sub-regulation (3) shall have printed on
it an instruction to the effect that if it is not delivered to the addressee
it should be returned to the Returning Officer at a specified private box of
the kind referred to in regulation 26, not being the private box referred to
in paragraph 25(2)(b). Post boxes for ballot-papers

"26. (1) The Returning Officer shall use, for the purposes of receiving
ballot-papers in respect of an election, private boxes at a post office, being
private boxes used exclusively for that purpose.

"(2) Access to a private box referred to in sub-regulation (1) shall be under
the exclusive control of -

   (a)  persons authorised by the Australian Postal Commission for the
        purpose;

   (b)  the Returning Officer; and

   (c)  persons authorised in writing by the Returning Officer for the
        purpose. Replacement of ballot-papers, &c.

"27. (1) If, before the close of the poll at an election, a person eligible to
vote at the election makes and delivers to the Returning Officer a statement
in writing -

   (a)  setting out the person's full name and address;

   (b)  declaring that the person has not received a ballot-paper,
        ballot-paper envelope or return envelope or that a ballot-paper,
        ballot-paper envelope or return envelope received by the person has
        been lost or destroyed; and

   (c)  declaring that the person has not already voted at the election, the
        Returning Officer shall give to the person a ballot-paper,
        ballot-paper envelope or return envelope, or a further ballot-paper,
        ballot-paper envelope or return envelope, as the case may be.

"(2) Where, under sub-regulation (1), the Returning Officer gives a
ballot-paper, ballot-paper envelope or return envelope to a person, the
Returning Officer shall keep a record in writing of that fact and of the name
and address of that person. Manner of voting

"28. (1) A voter shall indicate the voter's preference, or the order of the
voter's preference, on a ballot-paper by placing the number 1 in the square
opposite the name of the candidate for whom the voter wishes to vote as the
voter's first preference or, if the voter so desires, by placing a series of
consecutive numbers, beginning with the number 1, in the squares opposite the
names of all, or some only, of the candidates so as to indicate the order of
the voter's preference for them, one number being placed in the square
opposite the name of each such candidate.

"(2) After marking a ballot-paper, the voter shall -

   (a)  fold the ballot-paper so as to conceal the vote, place the
        ballot-paper in the ballot-paper envelope and seal that envelope;

   (b)  place the ballot-paper envelope in the return envelope, seal the
        return envelope and complete and sign the declaration printed on the
        return envelope; and

   (c)  post the return envelope so that it may reach the Returning Officer
        not later than 12 o'clock noon on the day fixed for the close of the
        poll. Custody of ballot-paper envelopes

"29. (1) The Returning Officer shall, in respect of an election -

   (a)  keep in the Returning Officer's custody a locked and sealed container
        endorsed with such words as are necessary to indicate the election in
        respect of which the container is used; and

   (b)  place and keep, unopened, in the container until the scrutiny all
        return envelopes received by the Returning Officer at the private box
        referred to in paragraph 25(2)(b) before the close of the poll.

"(2) The Returning Officer shall not admit to the scrutiny any return
envelopes -

   (a)  received by the Returning Officer at the private box referred to in
        paragraph 25(2)(b) after the close of the poll; or

   (b)  received by the Returning Officer at the private box referred to in
        sub-regulation 25(4), but shall place those envelopes unopened in a
        parcel, seal the parcel, endorse on it such words as are necessary to
        indicate the contents of the parcel and the election to which the
        parcel relates and sign and date the endorsement. Appointment of
        scrutineers

"30. (1) A candidate at an election may appoint one scrutineer to represent
the candidate at the scrutiny.

"(2) The appointment of a scrutineer under sub-regulation (1) -

   (a)  shall be made by notice in writing signed by the candidate or by
        telegram;

   (b)  shall be addressed to the Returning Officer and given to, or sent so
        that it may reach, the Returning Officer not later than 12 o'clock
        noon on the day fixed for the close of the poll; and

   (c)  shall set out the name and address of the scrutineer.

"(3) All the proceedings at the scrutiny shall be open to the inspection of
the scrutineers. Scrutiny of votes and declarations

"31. As soon as practicable after the close of a poll the Returning Officer
shall, in the presence of such scrutineers as attend -

   (a)  open the container referred to in sub-regulation 29(1) and take out
        the return envelopes contained in it;

   (b)  without opening the return envelopes, examine each envelope and -

        (i)    if the Returning Officer is satisfied that the declaration on
               the envelope has been effectively completed and signed by a
               person eligible to vote at the election, being a person who has
               not already voted in the poll - accept the ballot-paper
               contained in the envelope for further scrutiny; and

        (ii)   if the Returning Officer is not so satisfied - reject the
               ballotpaper without opening the envelope;

   (c)  place the return envelopes containing ballot-papers rejected under
        paragraph (b) in a parcel, seal the parcel, endorse on it such words
        as are necessary to indicate the contents of the parcel and the
        election to which the parcel relates and sign and date the
        endorsement;

   (d)  place the return envelopes containing ballot-papers accepted under
        paragraph (b) for further scrutiny on a table before the Returning
        Officer with the declaration on each envelope facing downwards, and
        then, without further examining the declaration or permitting any
        other person to do so, withdraw from each envelope the ballotpaper
        envelope contained in it and, without opening the ballotpaper envelope
        or permitting any other person to do so, place the ballot-paper
        envelope in a locked and sealed container;

   (e)  place the return envelopes from which ballot-paper envelopes have been
        withdrawn in a parcel, seal the parcel, endorse on it such words as
        are necessary to indicate the contents of the parcel and the election
        to which the parcel relates and sign and date the endorsement;

   (f)  open the container referred to in paragraph (d) and take out the
        ballot-paper envelopes contained in it;

   (g)  open the ballot-paper envelopes referred to in paragraph (f) and
        withdraw from each envelope the ballot-paper contained in it; and

   (h)  place the ballot-paper envelopes opened under paragraph (g) in a
        parcel, seal the parcel, endorse on it such words as are necessary to
        indicate the contents of the parcel and the election to which the
        parcel relates and sign and date the endorsement. Determination of
        result of election

"32. The result of an election shall be determined in accordance with the
procedure set out in Schedule 2. Retention of ballot-papers

"33. After the scrutiny conducted in respect of an election has been
completed, the Returning Officer shall -

   (a)  place in separate parcels ballot-papers rejected as informal and
        ballot-papers not so rejected; and

   (b)  endorse on each parcel such words as are necessary to indicate the
        contents of the parcel and the election to which the parcel relates
        and sign and date the endorsement. Informal ballot-papers

"34. A ballot-paper is informal if -

   (a)  it is not initialled by the Returning Officer;

   (b)  it has no vote marked on it;

   (c)  it does not indicate, in accordance with the directions on the
        ballotpaper, the voter's first preference for a candidate; or

   (d)  it has upon it any mark or writing by which the voter can be
        identified. Declaration and notification of result of election

"35. (1) As soon as practicable after the completion of the scrutiny conducted
in respect of an election, the Returning Officer shall -

   (a)  by notice published in the Gazette, declare the successful candidate
        to be elected; and

   (b)  by notice in writing, inform the National Director of the candidate so
        elected.

"(2) Subject to regulation 42, a candidate declared under sub-regulation (1)
to be elected at an election shall be taken to have been elected at that
election. Request for recount of votes

"36. (1) At any time before a notice under sub-regulation 35(1) declaring a
candidate to be elected at an election is published in the Gazette, the
Returning Officer may, on the request in writing of a candidate stating the
reasons for the request or on the Returning Officer's own motion, recount the
ballot-papers received in connection with the election.

"(2) Where the Returning Officer, upon a request being made to him by a
candidate, refuses to conduct a recount of the ballot-papers, the candidate
may, by notice in writing, appeal to the Electoral Commissioner against the
refusal and the Electoral Commissioner may, as he or she thinks fit, either
direct the Returning Officer to conduct a recount of the ballotpapers or
refuse to direct a recount. Conduct of recount

"37. In conducting a recount in respect of an election, the Returning Officer
shall have the same powers for the purposes of the recount as the Returning
Officer had in the scrutiny in respect of the election and may make any
decision in respect of a matter relating to the allowance and admission, or
disallowance and rejection, of a ballot-paper that the Returning Officer could
have made in respect of that matter in the course of the scrutiny. Application
to dispute election

"38. (1) A candidate at an election may, by application in writing addressed
to the National Director, dispute the validity of the election.

"(2) An application under sub-regulation (1) shall -

   (a)  set out the grounds relied on to invalidate the election;

   (b)  be signed by the candidate; and

   (c)  be given to the National Director within 14 days after the day on
        which the Returning Officer declares a candidate to be elected at the
        election.

"(3) As soon as practicable after a candidate makes an application under
sub-regulation (1), the candidate shall give a copy of the application to the
person declared to be elected at the election to which the application
relates. Committee to decide validity of election

"39. (1) Where the National Director receives an application under
sub-regulation 38(1) disputing the validity of an election, the National
Director shall establish a committee to decide the validity of the election.

"(2) A committee established under sub-regulation (1) shall consist of -

   (a)  a chairperson nominated by the Electoral Commissioner;

   (b)  a person nominated by the National Director; and

   (c)  a person nominated by the Secretary.

"(3) The Returning Officer for the purposes of an election shall not be a
member of a Committee established under sub-regulation (1) in relation to the
election. Inquiry

"40. (1) A committee established under sub-regulation 39(1) to decide the
validity of an election shall, without regard to legal forms or
technicalities, inquire into the validity of the election.

"(2) Without limiting the generality of sub-regulation (1), in an inquiry into
the validity of an election a committee established under sub-regulation 39(1)
-

   (a)  is not bound by the rules of evidence but may inform itself in any
        manner it sees fit;

   (b)  may inquire into the identity of voters at the election and whether
        their votes were improperly accepted or rejected;

   (c)  shall afford the applicant disputing the validity of the election, the
        candidate declared under sub-regulation 35(1) to be elected at the
        election, the Returning Officer and any other person the committee
        considers should be given an opportunity to do so, an opportunity to
        give evidence and make submissions to the committee; and

   (d)  may grant leave to a person referred to in paragraph (c) to inspect
        the list referred to in regulation 17, the record referred to in
        subregulation 27(2) and any other document used at or in connection
        with the election and to take extracts from that list or record or
        those documents.

"(3) If the members of a committee established under sub-regulation 39(1) to
decide the validity of an election are divided in opinion as to the validity
of that election, the decision of the majority of the members as to the
validity of that election shall be taken to be the decision of the committee.
Decision of committee

"41. Where a committee established under sub-regulation 39(1) has completed an
inquiry into the validity of an election, the Committee shall -

   (a)  by notice published in the Gazette -

        (i)    declare that the candidate who was declared under subregulation
               35(1) to be elected at the election was not so elected;

        (ii)   declare to be elected at the election a candidate who was not
               declared under sub-regulation 35(1) to be elected at the
               election; or

        (iii)  declare that the election of the candidate who was declared
               under sub-regulation 35(1) to be elected at the election is
               confirmed; and

   (b)  give the National Director a report setting out the findings of the
        Committee, the reasons for those findings and its decision based on
        those findings. Effect of committee's decision

"42. (1) A decision referred to in regulation 41 by a committee has effect as
provided by this regulation.

"(2) If a candidate who was declared under sub-regulation 35 (1) to be elected
at an election is declared by the committee not to have been so elected, the
candidate shall be taken not to have been elected at the election.

"(3) If a candidate who was not declared under sub-regulation 35 (1) to be
elected at an election is declared by the committee to have been elected at
the election, the candidate shall be taken to have been elected at the
election.

"(4) If the committee declares that the election of a candidate who was
declared under sub-regulation 35 (1) to be elected at an election is
confirmed, the candidate shall be taken to have been elected at the election.
Irregularities at election

"43. (1) Subject to sub-regulation (3), where the Returning Officer has
reasonable grounds to believe that there has been an irregularity in the
conduct of an election, the Returning Officer may, before a candidate is
declared under sub-regulation 35 (1) to be elected at the election, declare
the election to be void.

"(2) Subject to sub-regulation (3), where a committee established under
sub-regulation 39 (1) in relation to an election has reasonable grounds to
believe that there has been an irregularity in the conduct of the election,
the committee may, before a declaration under regulation 41 is made in
relation to the election, declare the election to be void.

"(3) An election shall not be declared void under sub-regulation (1) or (2) -

   (a)  by reason only of a defect or irregularity in the conduct of the
        election that did not affect the result of the election;

   (b)  by reason only of an error or defect in an instrument, notice,
        statement or other document made under these Regulations, or
        purporting to have been so made; or

   (c)  by reason only of any illegal practice, other than bribery or
        corruption or attempted bribery or corruption, having been engaged in
        by a person, unless -

        (i)    it is likely that the result of the election was affected by
               the practice; and

        (ii)   it is just that the election be declared void.

"(4) Where an election is declared void under sub-regulation (1) or (2), these
Regulations apply as if the election had not been held. Destruction of
electoral papers

"44. After the expiration of 12 months after -

   (a)  the publication in the Gazette of a notice under sub-regulation 35 (1)
        declaring a candidate to be elected at an election; or

   (b)  where the validity of an election is disputed - the publication in the
        Gazette of a notice referred to in paragraph 41 (a) in relation to the
        election, the Returning Officer shall authorise the destruction of -

   (c)  the ballot-papers and envelopes relating to the election contained in
        the parcels referred to in sub-regulation 29 (2) and paragraph 31 (c);

   (d)  the envelopes relating to the election contained in the parcels
        referred to in paragraphs 31 (e) and (h); and

   (e)  the ballot-papers relating to the election contained in the parcels
        referred to in regulation 33.
                             "PART V - MISCELLANEOUS
Non-Regional offices

"45. Each of the following offices is declared to be a non-Regional office for
the purposes of section 20 of the Act, namely:

   (a)  the Office of the National Director;

   (b)  the National Office of the Authority. Limit on contracts not requiring
        approval by Minister

"46. For the purposes of paragraph 47 (a) of the Act, the amount of $100,000
is prescribed.