Tasmanian Numbered Regulations

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LAW SOCIETY BY-LAWS 2023 (S.R. 2023, NO. 1) - REG 28

Election of Council members
(1)  If there are more nominations than the required number of candidates for a region, an election is to be conducted in the region by ballot, in accordance with this Division.
(2)  Subject to subclauses (3) , (4) and (5) , the Council may hold an election under subclause (1) in any form and manner that it considers reasonable, including electronically, if –
(a) at least 21 days before the election, the Council gives notice, to each full member who is eligible to vote in the election, of the manner in which the election is to be held; and
(b) the Council ensures that there is a means for each full member, who is eligible to vote in the election, to be able to so vote in a confidential manner, if the member chooses to vote and it is reasonably practicable to provide such a means.
(3)  If an election is held under subclause (1) in respect of a region, a full member may only vote in the election if the principal place of practice of the member is within that region.
(4)  The procedure of an election held under subclause (1) in respect of a region is as follows:
(a) the secretary of a regional committee, or the Executive Director, is to prepare and give to each full member who is eligible to vote in the election, a ballot paper containing the following:
(i) the names of the candidates nominated, in the election, in alphabetical format;
(ii) a box next to each candidate's name;
(iii) the number and nature of any office, on the regional committee, to be filled;
(iv) a statement of the requirement on the member to number the boxes in accordance with paragraph (c) ;
(v) the address to which the ballot paper is to be returned once filled by the member;
(vi) the day by which the ballot paper is to be returned, being the last business day in the region before the day fixed for the annual meeting of the regional committee;
(b) a ballot paper given to a full member under paragraph (a) is to be given to the member at least 7 days prior to the date fixed for that annual meeting of the relevant regional committee;
(c) a full member to whom the ballot paper is given under paragraph (a) is to –
(i) place at least one number in the box next to each candidate's name on the ballot paper; and
(ii) number each box on the ballot paper in the order of the member's preference of candidates; and
(iii) return the ballot paper to the address specified on the ballot paper.
(5)  A ballot paper under this clause has been validly completed if it contains at least one vote (being a first preference vote for one candidate).
(6)  At the annual meeting of a regional committee –
(a) the chairperson of the meeting is to state the names of each candidate nominated for election at the meeting; and
(b) if there are no more candidates than the required candidates, those candidates are declared to be councillors-elect; and
(c) if there are more candidates than the required number of candidates, one or more candidates may, before the election is determined in accordance with clause 30  –
(i) withdraw their nominations; or
(ii) have their nominations withdrawn by the nominators on the candidate's nomination, with the consent of the full members present at the meeting.
(7)  A councillor-elect declared under this Division is appointed as a member of the Council –
(a) at the next annual general meeting of the Society after the declaration is made; and
(b) except as specified in clause 25(4)(b)(ii) , for a term, of approximately two years, which expires on the day of the second annual general meeting of the Society held after the annual general meeting at which the councillor-elect is so appointed.



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