New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 8)
In this Schedule--
"close of nominations" for an election means the final time and date fixed by
the returning officer for the close of nominations for the election.
"close of the ballot" for an election means the final time and date fixed by
the returning officer for the close of the ballot for the election.
"election" means an election for the purposes of electing a member or members
of the Board in accordance with section 60 (1) (d) of the Act.
"electronic ballot" means a ballot conducted in accordance with Part 7.
"postal ballot" means a ballot conducted in accordance with Part 6.
"returning officer" means--
(a) the Registrar, or
(b) the Electoral Commissioner for New South Wales, or
(c) a person employed in the office of and nominated by the Electoral Commissioner for the purpose of exercising the functions conferred or imposed on a returning officer by this Regulation, or
(d) a fee-for-service election provider nominated by the Board on the Registrar's recommendation.
(1) As soon as possible after having been notified in writing by or on behalf of the Registrar that one or more members of the Board are required to be elected, the returning officer must cause notice of that fact--(a) to be published on the Board's website, and(b) to be sent by post or email to each architect whose name is recorded in the Register.
(2) If the Registrar is to be the returning officer in the election, the Registrar must take the steps specified in subclause (1) (a) and (b) as soon as possible after the Registrar becomes aware that one or more members of the Board are required to be elected.
(3) The notice must specify the following--(a) the number of members required to be elected,(b) how nominations of candidates are to be made,(c) the time and date for the close of nominations,(d) whether, in the event that a ballot is required to be held, the election is to be conducted by a postal ballot or an electronic ballot,(e) if an electronic ballot is to be held--that an architect may choose to vote by means of a postal ballot providing the architect notifies the Board of this choice in writing no later than 21 days after the date on which the notice is published on the Board's website.
(4) The date fixed for the close of nominations must not be earlier than 21 days after the date on which the notice is published on the Board's website.
(1) The returning officer may postpone the close of nominations for a period not exceeding 14 days by a notice given in the same manner as a notice given under clause 2 (1).
(2) The close of nominations in respect of an election may be postponed under this clause more than once.
(1) A person who is an architect at the date on which a notice of election is published on the Board's website may notify the Board in writing that, in the event that a ballot is required to be held, the person wishes to receive a ballot paper by post and return the completed ballot paper by post rather than participate in an electronic ballot.
(2) Notice under subclause (1) must be given no later than 21 days after the date on which the notice of election is published on the Board's website.
(3) A person who has given notice under subclause (1) may, at any time before the end of the 21-day period referred to in subclause (2), notify the Board in writing that the person wishes to change the person's choice and participate in an electronic ballot rather than a postal ballot.
(1) A person who is an architect as at the beginning of the day on which a notice of an election is published on the Board's website--(a) is eligible for nomination as a candidate at an election, and(b) is qualified to nominate a candidate for election.
(2) A nomination of a candidate--(a) must be made by at least 2 persons (other than the candidate) who are qualified to nominate a candidate, and(b) must include the written consent to the nomination of the nominee, and(c) must be lodged with the returning officer before the close of nominations.
(3) If a candidate has not been nominated by a sufficient number of persons qualified to nominate a candidate, the returning officer must, as soon as practicable, cause notice of that fact to be given to the candidate.
(4) In the case of an election in which the returning officer is not the Registrar, the returning officer may be assisted by the Registrar in the performance of the returning officer's duties.
(5) A candidate who has been nominated in an election may withdraw the nomination at any time before the close of nominations by notice in writing addressed to the returning officer.
(1) A candidate for election may, at any time before the close of nominations, submit information to the returning officer for inclusion in a candidate information sheet.
(2) Any information submitted under subclause (1) must be
"suitable for inclusion" in a candidate information sheet, being information that is--(a) relevant to a candidate's professional standing, suitability for election and ability to carry out the functions of the Board, and(b) accurate and not misleading, and(c) no more than 200 words in length.
(3) As soon as practicable after the close of nominations, the returning officer must, if a ballot is required to be held for the election, prepare a candidate information sheet containing the information submitted under subclause (1) (if any) that is, in the opinion of the returning officer, suitable for inclusion.
(4) If the returning officer rejects information as not suitable for inclusion, the returning officer must give the candidate who submitted the information--(a) notice that the information is rejected, and(b) an explanation as to why the information is not suitable for inclusion, and(c) 7 days in which to provide information that is suitable for inclusion.
(5) If the candidate does not provide information that the returning officer considers to be suitable for inclusion within those 7 days, no information about the candidate is to be included in the candidate information sheet.
If the number of persons who have been duly nominated as candidates for an election by the close of nominations does not exceed the number of persons to be elected, each of those persons is taken to have been elected.
(1) If the number of persons who have been duly nominated as candidates for an election by the close of nominations exceeds the number of persons to be elected, a ballot must be held.
(2) The Board must decide whether the election is to be conducted by a postal ballot or an electronic ballot and must notify the returning officer of the Board's decision as soon as practicable.
(3) In making a decision under subclause (2), the Board must consult with the returning officer.
(4) In the case of an electronic ballot, the returning officer must make arrangements for persons who have notified the Board in accordance with clause 4 to vote in the election by means of a postal ballot.
A person who is an architect at the close of nominations is eligible to vote in an election.
As soon as practicable after it becomes apparent to the returning officer that a ballot is required to be held in respect of an election--
(a) in the case of an election in which the returning officer is the Registrar--the Registrar must prepare--(i) a roll consisting of a list of the full names, addresses (as they appear in the Register), email addresses and registration numbers of all architects as at the date of close of nominations (the
"voters" ), and(ii) if an electronic ballot is to be held, a list of the full names, addresses (as they appear in the Register), email addresses and registration numbers of all voters who have notified the Board in accordance with clause 4 of the voter's wish to vote by means of a postal ballot, or
(b) in any other case--(i) the returning officer must cause notice of that fact to be sent to the Registrar, and(ii) the Registrar must prepare, and provide the returning officer with, a roll in accordance with paragraph (a).
(1) The returning officer must give notice that a ballot is to be held by--(a) publishing the notice on the Board's website, and(b) by sending the notice by post or email to each voter.
(2) The notice is to be given--(a) in the case of an election in which the Registrar is the returning officer--as soon as practicable after it becomes apparent to the Registrar that a ballot is required to be held in respect of the election, or(b) in any other case--as soon as practicable after the returning officer receives the roll for the election.
(3) The notice must--(a) state whether the ballot is to be an electronic ballot or a postal ballot, and(b) fix a time and date for the close of the ballot, and(c) provide instructions on how to vote, including how to access an electronic ballot.
(4) The close of the ballot must not be earlier than 28 days after the notice is published on the Board's website.
(1) The returning officer may postpone the close of the ballot for a period not exceeding 14 days by a notice published in the same manner as a notice stating that a ballot is to be held.
(2) The close of the ballot in respect of an election may be postponed more than once under this clause.
This Part applies to--
(a) the conduct of an election by a postal ballot, or
(b) voting in an electronic ballot by voters who have given notice to the Board under clause 4 of the voter's wish to vote by means of a postal ballot, or
(c) voting in an electronic ballot conducted by email.
(1) The order of names on the ballot paper must be determined by lot drawn by the returning officer.
(2) A ballot paper for an election must state the closing date of the ballot and contain directions as to the manner in which a vote is to be recorded and returned to the returning officer.
(3) The directions to voters must include directions that--(a) the voter must record a vote for at least the number of candidates to be elected in the order of the voter's preferences for them, and(b) the voter may, but is not required to, vote for additional candidates in the order of the voter's preferences for them.
(1) At any time before the close of the ballot, the returning officer may issue to a voter a duplicate ballot paper and envelope if the voter satisfies the returning officer--(a) that the original ballot paper has been spoilt, lost or destroyed, and(b) that the voter has not already voted in the election to which the ballot paper relates.
(2) The returning officer must maintain a record of all duplicate ballot papers issued under this clause.
This Part applies to--
(a) the conduct of an election by a postal ballot, or
(b) voting in an electronic ballot by voters who have given notice to the Board under clause 4 of the voter's wish to vote by means of a postal ballot.
As soon as practicable, the returning officer must send to each voter--
(a) a ballot paper for the election, and
(b) an unsealed reply-paid envelope addressed to the returning officer and bearing on the back the words "NAME AND REGISTRATION NUMBER OF VOTER", together with appropriate spaces for the insertion of a name and a registration number, and
(c) if applicable, a candidate information sheet.
(1) The returning officer must reject any ballot paper if the envelope is not received before the close of the ballot.
(2) The returning officer must examine the name on the back of the envelope and, without opening the envelope--(a) must accept the ballot paper in the envelope and draw a line through the name on the roll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the roll for the election, or(b) must reject the ballot paper in the envelope if not so satisfied or if a name or a registration number does not appear on the back of the envelope.
This Part applies if the returning officer decides to conduct an election by an electronic ballot.
Note : Part 6 applies in relation to voters who have given notice to the Board under clause 4 of the voter's wish to vote by means of a postal ballot in an electronic ballot.
(1) An electronic ballot may be conducted by email or by remote electronic voting.
(2) If an electronic ballot is conducted by means of accessing a voting website, any voter may notify the returning officer in writing that they wish to vote by email, in which case clause 21 applies to that voter.
(1) As soon as practicable after the close of nominations in an election, the returning officer must send by email to each voter the following--(a) an electronic ballot paper prepared in accordance with clause 14,(b) an electronic candidate information sheet, if applicable,(c) directions on how to submit the completed electronic ballot paper.
(2) Each voter must--(a) vote in accordance with the directions contained on the ballot paper, and(b) submit the vote in accordance with the directions contained in the email.
(3) The returning officer must ensure that all electronic ballot papers are stored securely in such a way that ensures that the vote recorded by any voter cannot be identified until the counting of the votes begins.
(1) If an electronic ballot is to be conducted by means of accessing a website (the
"voting website" ), the voting website must include the following--(a) instructions on how to vote, including directions that--(i) the voter must record a vote for at least the number of candidates to be elected in the order of the voter's preferences for them, and(ii) the voter may, but is not required to, vote for additional candidates in the order of the voter's preferences for them,(b) the names of all candidates for election,(c) the candidate information sheet, if applicable,(d) the closing date of the ballot.
(2) The voting website must be established in such a way that--(a) enables the voter to make a declaration stating that the voter is eligible to vote in the election, and(b) ensures that the vote recorded by any voter cannot be identified, and(c) allows a voter to review and amend as necessary the voter's recording of a vote before submitting it.
The returning officer must ensure that electronic votes are kept secure until the counting of votes is concluded in accordance with Part 8.
The returning officer must reject any electronic vote not submitted before the close of the ballot.
(1) The returning officer must reject a vote as informal if the voter has not indicated a clear preference for at least the number of candidates to be elected.
(2) If there is only 1 person to be elected in any election--(a) the method of counting the votes so as to ascertain the result of the election is as provided in Part 2 of the Seventh Schedule to the Constitution Act 1902 , and(b) for the purpose of applying the provisions of that Part to any such election, a reference in those provisions to the returning officer must be read as a reference to the returning officer under this Regulation.
(3) If there are 2 persons to be elected in any election--(a) the method of counting the votes so as to ascertain the result of the election is as provided in Part 2 of the Sixth Schedule to the Constitution Act 1902 , and(b) for the purpose of applying the provisions of that Part to any such election--(i) a reference in those provisions to the Council returning officer must be read as a reference to the returning officer under this Regulation, and(ii) the quota referred to in those provisions must be determined by dividing the number of first preference votes for all candidates by 3 and by increasing the quotient so obtained (disregarding any remainder) by one.
As soon as practicable after a candidate or candidates in an election has or have been elected, the returning officer must--
(a) notify the Minister and the Registrar, in writing, of the name of each candidate elected, and
(b) cause notice of the name of each candidate elected to be published on the Board's website.
If the returning officer is permitted or required by the Act or this Regulation to make a decision on any matter relating to the taking of a ballot in any election, the decision of the returning officer on that matter is final.
A person must not--
(a) vote, or attempt to vote, more than once in any election held under this Regulation, or
(b) vote, or attempt to vote, in any such election in which the person is not entitled to vote, or
(c) make a false or wilfully misleading statement--(i) to the returning officer in connection with any such election, or(ii) in any document that the person furnishes for the purposes of any such election.
: Maximum penalty--5 penalty units.