Hospitals (Administration of Public Hospitals) Regulations 1940


21/Jul/2000 - Current (at 31 Dec 2005)
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    4. Procedure when nominations by electors

    When, in accordance with the direction of the Governor, the nomination is to be made by the persons enrolled as electors on the electoral roll, of a municipality or road board, the following provisions shall apply, namely

    (aa) The Minister may direct that the Returning Officer for every aspect of the nominating process shall be the Electoral Commissioner appointed under the Electoral Act 1907, or such other officer holding an appointment under that appointed by the Electoral Commissioner by notice to the Minister.

    (a) Upon receipt of a notice from the Under Secretary 2 of the Department of Public Health 3 that a vacancy has occurred or is about to occur in the office of a member of the board of management of the public hospital, the chairman of the board shall direct the Returning Officer to fix

    (i) a day and time on or before which submission of candidates for nomination for appointment may be made; and

    (ii) the day on which and the times between which a poll shall be taken (if necessary) to determine which of the candidates submitted for nomination shall be nominated.

    (b) The nomination day shall be not less than 14 days after the receipt of the notice aforesaid, and the election day shall not be less than 14 days or more than 30 days after the day fixed as the nomination day.

    (c) Full particulars of the day and time for nominations and the day and time for the election (if any) shall be published throughout the municipal or road district by newspaper advertisement and by such other means of publication as in the opinion of the board of management is reasonably sufficient to bring the said particulars to the knowledge of all persons interested or concerned.

    (d) Only persons who are enrolled as electors on the current electoral roll of the municipality or road board shall be eligible as candidates for submission for nomination for appointment; only persons who are so enrolled shall be qualified to propose or second the nomination of any such candidate; and only persons so enrolled shall be eligible to vote at the election (if any) held to elect the candidate to be nominated for appointment as aforesaid.

    (e) Nominations shall be in writing, signed by the candidate himself and also by a proposer and seconder, and shall be delivered or sent to the Returning Officer not later than the time specified for the close of nominations on the nomination day.

    (f) A copy of the current electoral roll of the municipality or the road board, as the case may be, certified by the town clerk of the municipality or by the secretary of the road board, as the case may require, shall be used as the evidence of the qualification of candidates and electors and as the roll for the election.

    (g) Where the number of candidates submitted for nomination and appointment does not exceed the number of vacancies on the board to which members are required to be appointed, the Returning Officer shall, in writing under his hand, certify that fact to the Under Secretary 2 of the Department of Public Health 3, together with the names, addresses, and occupations of the candidates submitted, and such certificate shall be deemed to be, and shall constitute, the nomination of the persons named therein for appointment by the Governor as members of the board of management of the public hospital. Forthwith, after issuing the certificate mentioned in this paragraph, the Returning Officer shall give notice thereof by public advertisement, either in a newspaper or otherwise, and cancel the date fixed for the election which has become unnecessary.

    (h) When the number of candidates submitted for nomination exceeds the number of persons to be nominated for appointment as members of the board of management, the Returning Officer shall forthwith, after the nomination day, make the necessary arrangement for and hold an election on the day fixed for such election.

    (i) In relation to the election mentioned in paragraph (h)

    (i) the Returning Officer shall, as soon as practicable, cause ballot papers to be printed or typed containing the names of all the candidates in alphabetical order;

    (ii) the ballot paper shall state, in a space to be provided for the purpose, particulars of the day on which the election will take place and the time for the closing of the poll;

    (iii) subject to subparagraph (iv), the Returning Officer shall send by prepaid letter post to each person whose name appears on the electoral roll for the election at his postal address on such roll, one ballot paper, with the initials of the Returning Officer endorsed on the back thereof, together with an envelope marked }Ballot Paper Envelope~;

    (iv) instead of posting the ballot papers to the electors, as provided for in subparagraph (iii), the Returning Officer may arrange for a booth or booths at which electors may obtain ballot papers and vote on the day fixed for the election; (in such case the Returning Officer shall, by such reasonable means as are available, give public notice to the electors of the day on which the election is to be held and the times during which ballot papers may be obtained and votes may be recorded);

    (v) the Returning Officer shall provide such sealed ballot boxes as may be necessary, and all ballot papers with votes recorded thereon, when received from the electors, shall be placed in such ballot boxes and be left therein until the close of the poll;

    (vi) the manner of voting shall be by preferential ballot;

    (via) for the purpose of casting his vote at an election where only one candidate is to be elected and there are not more than 2 candidates

    (I) the elector shall mark his ballot paper by writing the numeral }1~ opposite the name of the candidate for whom he votes; and

    (II) the elector may mark his ballot paper by writing the numeral }2~ opposite the name of the other candidate on the ballot paper,

    so as to indicate the order of his preference;

    (vib) for the purpose of casting his vote at an election where only one candidate is to be elected and there are more than 2 candidates, the elector shall mark his ballot paper

    (I) by writing the numeral }1~ opposite the name of the candidate for whom he votes; and

    (II) by writing the numerals }2~, }3~ and so on (as the case requires) opposite the names of the other candidates on the ballot paper,

    so as to indicate the order of his preference;

    (vic) for the purpose of casting his vote at an election where 2 or more candidates are to be elected, the elector shall mark his ballot paper

    (I) mark his ballot paper by writing the numeral }1~ opposite the name of the candidate for whom he votes as his first preference;

    (II) mark his ballot paper by writing the numeral }2~ opposite the name of the candidate for whom he votes as his second preference; and

    (III) give contingent votes for all the remaining candidates by writing the numerals }3~, }4~ and so on (as the case requires) opposite the names of the other candidates on the ballot paper so as to indicate by numerical sequence the order of his preference;

    (vii) except where an elector votes in person at a booth, the elector shall place the ballot paper, with the vote marked thereon, in the ballot paper envelope, seal such envelope and then deliver or send (and if sent by post by prepaid post) such envelope to the Returning Officer;

    (viii) where an elector votes in person at a booth on the election day, and a ballot box is available at such booth, the elector shall place his ballot paper with his vote marked thereon in such ballot box, without enclosing the same in a ballot paper envelope;

    (ix) where an elector votes in person at a booth on the election day and a ballot box is not available at such booth, the elector shall be given a ballot paper envelope, in which he shall enclose the ballot paper on which he has marked his vote. The elector shall then deliver such envelope, with the ballot paper contained therein, to the person in charge of the booth, and such person shall, immediately after the close of the poll, deliver all the envelopes, with the ballot papers therein so received by him, to the Returning Officer, who shall place the same unopened in the ballot box kept by him;

    (x) as soon as reasonably may be after the close of the poll and after all the ballot boxes or all the ballot papers received from electors at booths have been received by the Returning Officer, the Returning Officer, in the presence of scrutineers to be appointed by the candidates or by the Returning Officer, as the case may require, shall

    (a) remove the ballot paper envelopes from the ballot boxes and remove the ballot papers therefrom;

    (b) examine the ballot papers, and reject those which are informal; and

    (c) count the votes as cast in the formal ballot papers.

    (xi) A ballot paper shall be informal

    (I) if the initials of the Returning Officer are not endorsed on the back of the ballot paper;

    (II) if the voter has not marked it as prescribed by these regulations;

    (III) if it has upon it any mark or writing not authorised by these regulations which, in the opinion of the Returning Officer, will enable any person to identify the elector;

    (IV) if it does not indicate the elector's vote or, if there are more than 2 candidates, it is not marked so as effectively to indicate the elector's preference as regards all candidates; or

    (V) if it is not marked.

    (j) Where only one candidate is to be elected, the successful candidate shall be ascertained in accordance with the method, prescribed under the Electoral Act 1907, for the counting of votes taken at an election of members of the Legislative Assembly.

    (ja) Where 2 or more candidates are to be elected, the following provisions apply

    (I) the count of votes shall proceed as provided by paragraph (j) until one candidate has received an absolute majority and the name of the person who receives such a majority shall be placed first on a list of persons (}the list~) for appointment to the Board;

    (II) the ballot papers shall again be brought into operation and sorted according to the first preference votes of the remaining candidates, and the second preferences of the candidate whose name has been placed on the list shall be added to their first preference votes;

    (III) the count shall then proceed in the manner provided by paragraph (j) in order to determine which of the remaining candidates has received an absolute majority on that count and the name of that candidate shall be placed second on the list;

    (IV) until all the vacancies have been filled, the count shall then proceed in a similar manner for each of the remaining candidates but on each further count the third, fourth or next consecutive preference, as the case may be, of the candidates whose names have been entered on the list shall be added to the first preference votes received by the remaining candidates; and

    (V) until all the vacancies have been filled, the names of the candidates shall be placed on the list in the order in which they receive an absolute majority on the counts so undertaken.

    (jb) Where on any count 2 or more candidates have received the same number of votes, the Returning Officer shall determine by lot which candidate's preference votes shall be first distributed.

    (k) When the result of the election has been ascertained by the counting of the votes, the Returning Officer shall, by writing under his hand sent to the Under Secretary 2 of the Department of Public Health 3, certify that such election has been duly held, together with the names, addresses, and occupations of the candidates who have been elected, and such certificate shall be deemed to be and shall constitute the nomination of the persons named therein for appointment by the Governor as members of the board of management of the public hospital.

    (l) Upon receipt from a Returning Officer of a certificate under paragraph (g) or paragraph (k), the Under Secretary 2 of the Department of Public Health 3 shall transmit such certificate to the Minister for submission by him to the Governor in Council.

    [Regulation 4 amended in Gazette 23 January 1987 p.185; 21 August 1992 pp.4129-31 and 4133.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.