Hospitals (Administration of Public Hospitals) Regulations 1940


21/Jul/2000 - Current (at 31 Dec 2005)
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5. Procedure when nominations by registered subscribers

When, in accordance with the direction of the Governor, the nomination of persons for appointment as members of the board of management of a public hospital is to be made by the persons registered in the register of subscribers to the public hospital, the following provisions shall apply, namely

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

(ii) the day on which 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 not be 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 times for the election (if any) shall be notified to every subscriber whose name appears in the register of subscribers to the public hospital.

(d) Only persons who are registered as subscribers for a period of 6 months in the register of subscribers aforesaid shall be eligible as candidates for submission for nomination or be qualified to propose or second the nomination of any such candidate, or be qualified to vote at the election (if any) held to elect the candidates 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) The register of subscribers to the public hospital shall be used as the evidence of the qualifications of candidates and electors and as the roll for 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 area required to be appointed, the Returning Officer shall, in writing under his hand, certify that fact to the Under Secretary2 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, by notice in writing to the subscribers to the public hospital, 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 arrangements for and hold an election on the day fixed for such election.

(i) Regulations 4(i), 4(j), 4(ja) and 4(jb) apply, with such modifications as are necessary, to the election mentioned in paragraph (h).

[(j) deleted.]

(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 5 amended in Gazette 23 January 1987 p.185; 21 August 1992 pp.4132-3.]


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.