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Public Sector Management Regulations 2000 (NI)

Reg No. 3 of 2000
Other document - Other as made
This is a regulation of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure and Regional Development
Registered 21 Dec 2015
Date of repeal 23 Dec 2014
Repealed by Other
Repealing Comments Enabling legislation repealed by the Public Service Act 2014 (Norfolk Island).

 

NORFOLK                            ISLAND

 

 

 

PUBLIC SECTOR MANAGEMENT REGULATIONS 2000

 

[Consolidated as at 8 November 2005

on the authority of the Administrator

and in accordance with the

Enactments Reprinting Act 1980]

________

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Interpretation

         3.      Savings of Public Service Act for transitional period

         4.      Election of Public Service Board

      4A.      Election of Staff Consultative Committee

         5.      Transitional provisions for Board members

         6.      Deeming provision relating to Administration Policies & Guidelines (Human Resources)

         7.      Bodies declared not to be a territory instrumentality

         8.      Prescribed notice of intention to appoint

9.            Prescribed form of notice of appeal

10.        Prescribed organisations

                       Schedule 1

                        Schedule 2

                        Schedule 3

           


 

NORFOLK                            ISLAND

 

 

 

Public Sector Management Regulations 2000

_______________________________________________________________________

 

Short title

      1.         These Regulations may be cited as the Public Sector Management Regulations 2000.

Interpretation

      2.         In these Regulations —

“the Act” means the Public Sector Management Act 2000.

Savings of Public Service Act for transitional period

      3.         (1)        Upon the commencement of Part 3, and pursuant to section 70, of the Act, the provisions of the Public Service Act 1979 and regulations shall remain in force and effect, and shall continue to apply, until such time as all other Parts of the Act commence, except as provided for in paragraph 3(2)(iii).

                  (2)        During the period mentioned in subregulation 3(1), the Act, to the extent that it has commenced, and the Public Service Act 1979 shall operate contemporaneously to enable the continued operation and function of all Public Sector Agencies until the appointment or election of the members of the Public Service Board and the commencement of the remaining parts of the Act, and –

(i)         in the event of any conflict between the provisions of the two Acts then the provisions of the Public Sector Management Act 2000 shall prevail; or

(ii)        in the event that the Act does not provide, or does not yet provide, for any matter, then the provisions of the Public Service Act 1979 shall apply; and

(iii)       sections 10, 11, 12, 13, 13A, 13B, 13BA, 13BB, 13C of the Public Service Act 1979 shall cease to have effect under this regulation upon the appointment and commencement of the Public Service Board provided by the Act.

 


 

Election of Public Service Board

      4.         (1)        For the purposes of the Act, any elections to be held for the appointment of any employee to the Public Service Board shall take place in the following manner :—

(a)        The Chief Executive Officer, or if during the period referred to in section 3 - the Chief Administrative Officer, shall —

(i)         appoint a returning officer;

(ii)        determine a nomination day; and

(iii)       if a poll is required, determine a date for taking a poll.

                  (2)        Nominations

(a)        A nomination shall be in writing signed by the person making the nomination, and if the nomination is for a candidate other than that person, it shall be endorsed with the consent of that candidate to the nomination.

(b)        A nomination is not effective unless it is delivered to, or, if sent by post received by, the returning officer not later than 5.00 pm on nomination day.

                  (3)        Single candidate to be declared elected

(a)        If only one person is nominated, the returning officer shall forthwith declare that person to be elected.

(b)        If more than one person is nominated, the returning officer shall arrange for a poll.   

                  (4)        Polling

(a)        Where a poll is to be taken, the Returning Officer shall, within 7 days, deliver or send by post to each employee a ballot paper, together with an addressed envelope in which the ballot paper shall, when completed by the employee, be delivered or posted to the returning officer.

(b)        A ballot paper that is received by the Returning Officer after 5.00 pm on the date for the taking of the poll is invalid and shall not be taken into account in the scrutiny.

                  (5)        Method of voting

(a)        An officer shall, on the ballot paper, place the number 1 in the square opposite the name of the candidate for whom he votes as a first preference, and may if desired, place consecutive numbers beginning with 2 in the squares opposite the names of the remaining candidates, so as to indicate the order of preference for them.

(b)        A ballot paper marked with consecutive numbers is not informal by reason only that a number is not placed in the square opposite each candidate.

                  (6)        Scrutiny

The scrutiny shall be conducted as provided by subsections 37(2), 37(3), 37(4), and 37(5) of the Legislative Assembly Act 1979.

                  (7)        Declaration of Poll

As soon as practicable after the result of the poll has been ascertained, the Returning Officer shall forthwith declare the name of the employee elected.

                  (8)        Informal votes

A ballot paper is informal if it is not marked as provided by these regulations and the Returning Officer shall reject that vote at the scrutiny.

                  (9)        Double nominations

(a)        If an employee is nominated for each of the positions of Board member pursuant to paragraph 10(1)(b) of the Act and Deputy Board member pursuant to subsection 11(2) of the Act, the succeeding provisions of this section will apply.

(b)        If a poll is not required for the election of the employee Board member and —

(i)         if only that person and one other person are nominated for election as the employee Deputy Board member that other person shall be declared to be elected as the employee Deputy Board member; or

(ii)        if three or more persons are nominated for election as the Deputy Board member, the returning officer shall conduct a poll and shall include on the ballot paper only the names of the candidates not elected as the employee Board member.

(c)        If a poll is required for the election of an employee Board member pursuant to paragraph 10(1)(b) of the Act and —

(i)         if only the person elected as the Board member and one other person are nominated for election as the Deputy Board member  pursuant to section 11(2) of the Act, that other person shall be declared to be elected as the Deputy Board member; or

(ii)        if three or more employees are nominated for election as Deputy Board member, the returning officer shall conduct a poll, but in the scrutiny of the ballot papers, all first preference votes for the person elected as the employee Board member shall be disregarded and the other preferences (if any) marked on the ballot papers shall be regarded as advanced by 1.

Election of Staff Consultative Committee

      4A.      (1)        An election under section 44 of the Act shall be conducted in accordance with this Regulation.

                  (2)        The Returning Officer shall be –

(a)                the Chief Executive Officer; or

(b)               if the Chief Executive Officer decides not to be the Returning Officer – with the consent of the employee concerned, an employee of the Administration appointed by the Chief Executive Officer.

                  (3)        If the Chief Executive Officer appoints an employee as Returning Officer, then subject to subregulation 4A(11), the appointment shall be made before the election is called.

                  (4)        An employee who is appointed by the Chief Executive Officer shall not be entitled to be a candidate for election and shall not be entitled to nominate a candidate for election.

                  (5)        The Returning Officer is required to conduct an election in accordance with the Act and the Regulations.

                  (6)        Subject to the Act and the Regulations, the decision of the Returning Officer on a matter concerning –

(a)                the eligibility of candidates or voters;

(b)               the conduct and results of an election; or

(c)                any matter related to the matters referred to in paragraphs 4A(6)(a) and 4A(6)(b),

is final.

                  (7)        Subject to subregulation 4A(8), the Returning Officer may, with the consent of the employee or employees concerned, appoint at least one employee of the Administration to be a Deputy Returning Officer and may appoint other employees to be poll officers as the Returning Officer considers necessary to assist in the conduct of the election.

                  (8)        A Returning Officer shall not appoint an employee as a Deputy Returning Officer or a poll officer if that employee has already been nominated as a candidate for election or has already nominated a candidate for election.

An employee who is appointed by the Returning Officer as a Deputy Returning Officer or a poll officer shall not be entitled to be a candidate for election and shall not be entitled to nominate a candidate for election.

                  (9)        Subject to subregulation 4A(11) or 4A(12), the term of the appointment of a Returning Officer, Deputy Returning Officer and a poll officer shall be for the duration of the election concerned.

                  (10)      The Chief Executive Officer may at any time terminate the appointment of a Returning Officer, in which case the Chief Executive Officer shall be the Returning Officer unless –

(a)                the Chief Executive Officer appoints, with the consent of the Deputy Returning Officer (if one has already been appointed), the Deputy Returning Officer as the Returning Officer; or

(b)               the Chief Executive Officer appoints, with the consent of the employee concerned, that employee as Returning Officer provided that employee has not already been nominated as a candidate for election or has not already nominated a candidate for election.

                  (11)      The Returning Officer may at any time terminate the appointment of a Deputy Returning Officer or a poll officer, in which case the Returning Officer may appoint, with the consent of the employee concerned, that employee as a Deputy Returning Officer or a poll officer.  Such an employee can only be appointed if the employee has not already been nominated as a candidate for election or has not already nominated a candidate for election.

                  (12)      For the purposes of the Regulations, the Returning Officer may authorise a Deputy Returning Officer or poll officer appointed under subregulation 4A(7) to exercise any specified function of the Returning Officer under these Regulations. A function exercised by a Deputy Returning Officer or poll officer is taken to have been exercised or performed by the Returning Officer.

                  (13)      Subject to subregulation 4A(17), the term of office of an employee elected to the Staff Consultative Committee shall be 2 years from the date on which the Returning Officer declares the election result.  However, if the term of office of the current members has not yet expired, the Returning Officer shall declare the election result the day after the term of office expires.

                  (14)      Subject to subregulation 4A(16), if there is a casual vacancy in the office of employee member of the Staff Consultative Committee, the Returning Officer shall conduct an election to fill the casual vacancy.

                  (15)      If an employee member of the Staff Consultative Committee vacates office during the last 2 months of the member’s term of office, the Returning Officer may decide not to conduct an election to fill the casual vacancy.

                  (16)      The employee elected to fill a casual vacancy is to hold office for the unexpired portion of the previous employee member’s term of office.

                  (17)      The Returning Officer shall keep a roll of voters for the election.

                  (18)      A person’s name shall be on the roll of voters if the person –

(a)                is a permanent employee of the Administration; or

(b)               is an employee of the Administration who has been appointed under one or more successive contracts for a continuous period of at least six months, regardless of the period of time the person has been an employee at the date the Returning Officer issues the notice of election.

                  (19)      For the purposes of paragraph 4A(19)(b), where a period of five or less working days separate two successive contracts of an employee, that employee shall be deemed to be employed for a continuous period.

                  (20)      Subject to subregulation 4A(22), a person whose name is on the roll of voters at the date the Returning Officer issues a notice of election is qualified to be eligible as a candidate for the election. 

                  (21)      A person who is the Chief Executive Officer or an Executive Director of the Administration and whose name is on the roll of voters shall not be qualified to be eligible as a candidate for the election.

                  (22)      A person whose name is on the roll of voters at the date the Returning Officer issues a notice of election is qualified to vote in the election.

                  (23)      The Returning Officer may declare an election void if the Returning Officer is of the reasonable opinion that there are significant irregularities in the election process which would affect the outcome of the election.

                  (24)      If the Returning Officer declares the election void, the Returning Officer shall conduct another election as soon as practicable.

                  (25)      The Returning Officer shall conduct the election in accordance with the procedures in Schedule 2 of the Regulations.

                  (26)      An employee member of the Staff Consultative Committee shall cease to be a member if –

(a)                the member resigns from the Committee; or

(b)               the member ceases to satisfy the conditions required to be on the roll of voters; or

(c)                the member becomes the Chief Executive Officer or an Executive Director of the Administration;

(d)               the member is absent from 3 consecutive meetings of the Committee without the authority of the Committee.

Transitional provisions for Board members

      5.         Notwithstanding any provision of subsections 12(4), 13A(1A), or 13BA(4) of the Public Service Act 1979, and pursuant to paragraph 70(3)(b) of the Act, the members of the Public Service Board appointed and constituted at the time of commencement referred to in regulation 3 shall continue as members for the period specified in regulation 3 as if they had been re-appointed or re-elected and provided they shall cease to hold those positions immediately upon the appointment of the members of the Public Service Board under the Act.

Deeming provision relating to Administration Policies & Guidelines (Human Resources)

      6.         For the purposes of Schedule 3, section 4 of the Act, any Administration Policy or Guideline made or issued, and in force immediately prior to the commencement of the Act, relating to any matter defined in section 28 of the Act, shall be deemed to be a direction, determination, approval or other decision under the Public Service Act 1979 until the expiration of the period mentioned in regulation 3.

Bodies declared not to be a territory instrumentality

      7.         For the purposes of the definition of “territory instrumentality” under section 4 of the Act, the following are not territory instrumentalities 

(a)        a body or organisation formed under the provisions of the Norfolk Island Hospital Act 1985; and

(b)        a body or organisation formed under the provisions of the Norfolk Island Government Tourist Bureau Act 1980; and

(c)        a body or organisation formed under the provisions of the Gaming Supervision Act 1998 provided that nothing in this regulation shall have the effect of excluding or removing a person appointed under paragraph 10(1)(a) of that Act from the Public Service.

Prescribed notice of intention to appoint

      8.         For the purposes of section 57 of the Act, the prescribed manner of notifying —

(a)        selection of an applicant for appointment to employment in the public service; or

(b)        the declining of acceptance by a person selected for employment in the public service,

is by written notice, in a form determined by the Chief Executive Officer, sent to each applicant, or each other applicant as the case requires, by ordinary post at the postal address provided by the applicant in his or her application.

Prescribed form of notice of appeal

      9.         For the purposes of subsection 58(1), the prescribed form and information is the form and information specified in Schedule 1 of these Regulations.

Prescribed organisations

      10.       For the purposes of section 4 of the Act, the organisations or persons listed in Schedule 3 are prescribed organisations.

 

SCHEDULE 1

Form 1

Notice of Appeal

Subsection 58(1)

TO THE MEMBERS OF THE PUBLIC SERVICE BOARD

 

I, (insert name)…………………………………….…wish to lodge an appeal against the Chief Executive Officer’s intention to appoint another applicant to the position of  (insert position description)……………………………………………………………………….

I am appealing on the grounds that I am more eligible to be selected for the employment and in the first instance, my reasons for eligibility are attached.

 

I understand that I will soon be able to view a Report requested by the Board and prepared by Administration detailing the reasons for the selection decision.  I understand that within 48 hours of that report becoming available I can submit a further statement of reasons regarding why I am more eligible than the nominated applicant.

 

I understand that if the Board decides it is necessary, I can be asked to justify my claim and appear before the Board at a hearing. I undertake to make all efforts to appear at the time and place specified and realise that if I do not attend, the Board may hear the proceedings in my absence.

 

I understand that there may be information which the Board is not at liberty to disclose due to privacy reasons and I agree to accept and trust their judgement in this respect.


 

Furthermore I undertake not to disclose any information about any other parties involved and to keep confidential any information or material which comes to my attention as a consequence of the proceedings and I understand that this binds me for all times during and after the appeal period.

Signed: ……………………………………………        Dated: …………………………..

 

PERSONAL DETAILS

 

Full Name

 

Phone (W)

 

Address

 

Phone (H)

 

PO Box

 

Mobile (if any)

 

Position Title

 

Date of notification letter

 

 

SUBMISSION AND REASONS FOR APPEAL

 

I am appealing against the Chief Executive Officer’s intention to appoint another applicant to the position of (insert position description) …….……………..……….. on the grounds that I am more eligible to be selected for the employment and my reasons for eligibility are as follows:

 

(insert reasons and submissions)

 

Signed: ……………………………………………        Dated: …………………………..

 

 

The Board is required to assess the relative eligibility of the person selected and any who have applied for a review.

In assessing a person’s relative eligibility the Board will have regard to the extent to which each of the applicants has Skills; Qualifications; Knowledge, Experience (including community experience); Abilities; Aptitude; Personal Qualities related to the job requirements; and if relevant: the manner in which each of the applicants carried out any previous employment or occupational duties or functions; and the extent to which each of the applicants has potential for development.


 

SCHEDULE 2

(Regulation 4A)

Procedures for the election of employee members of the Staff Consultative Committee

Application

        1.             A reference to an election in these procedures includes an election to fill a casual vacancy, unless otherwise indicated.

Voting system

        2.             An election to elect the employee members of the Staff Consultative Committee (“the Committee”) shall be conducted by secret ballot using the first-past-the-post system of voting in accordance with these procedures.

Timing of elections

        3.             (1)           An election (except for an election to fill a casual vacancy) shall be called by the Returning Officer within 30 days before the term of the current employee members of the Committee expire.

                        (2)           An election to fill a casual vacancy shall, subject to subregulation 4A(16) of the Public Sector Management Regulations 2000, be called by the Returning Officer as soon as practicable after the vacancy occurs.

Election intervals

        4.             When conducting an election the Returning Officer shall ensure that  

(a)                 there are not less than 4 days nor more than 14 days between the date the notice of election is issued and the date and time for nominations to close; and

(b)                 there are not more than 14 days between the time for nominations to close and the issue of ballot papers; and

(c)                 there are not less than 4 days nor more than 14 days between the issue of ballot papers and polling day.

Notification of holding of election

        5.             The Returning Officer shall call the election by issuing a notice of election to people eligible to vote in the election by such means as the Returning Officer considers reasonably appropriate.  Without limiting that discretion, the Returning Officer may issue the notice of election to employees either directly or through managers or section heads, by email or facsimile transmission.

Information to be given in notice of election

        6.             A notice of election shall

(a)           state that an election is necessary;

(b)           specify the number of vacancies to be filled; 

(c)           invite nominations of candidates who are eligible for election;

(d)           specify that a candidate shall be required to indicate on a nomination form whether or not the candidate is an office bearer of a prescribed organisation under the Public Sector Management Regulations 2000, and if so, the name of the prescribed organisation;

(e)           specify the form in which nominations must be made;

(f)            specify a time and date for nominations to close;

(g)           specify a polling day or days for election;

(h)           specify the places at which polling booths will be established and the times and day or days at those places during which polling is to be conducted;

(i)            inform persons whose name is on the roll of voters (“eligible voters”) that they can apply for a postal vote if he or she can satisfy the Returning Officer that he or she will be unable to attend a polling booth to vote; and

(j)            contain such other information relating to the election as the Returning Officer thinks fit.

Nomination of candidates for election

        7.             A separate nomination form shall be completed for each candidate and shall be lodged with the Returning Officer before the time and date specified for nominations to close.

Completion of nomination form

        8.             A nomination form must –

(a)           be signed by 2 persons who are entitled to vote at the election; and

(b)           be endorsed with or accompanied by the consent in writing of the candidate.

Rejection of nomination form

        9.             The Returning Officer –

(a)                 shall reject a nomination form that does not comply with clauses 7 and 8 or if the candidate is not eligible for election; and

(b)                 in that event, shall give written notice to the candidate of the fact that his or her nomination has been rejected.

Invitation to submit another nomination form

        10.          If a candidate has his or her nomination form rejected, the Returning Officer shall invite the candidate to submit another nomination form if –

(a)                 the candidate is eligible for election; and

(b)                 the time and date fixed for nominations to close have not passed.

Scrutiny of roll of voters

        11.          (1)           Any employee of the Administration shall be entitled to scrutinise the roll of voters.

                        (2)           An employee of the Administration may request in writing that the Returning Officer review a person’s eligibility to have his or her name on the roll of voters.

                        (3)           The Returning Officer shall review the request and if the Returning Officer is of the opinion –

(a)                 that a person on the roll of voters is not eligible to be on the roll – the Returning Officer shall remove that person’s name from the roll and shall inform that person in writing of the decision; or

(b)                 that a person is eligible to be on the roll of voters but is not on the roll – the Returning Officer shall place that person’s name on the roll and shall inform that person in writing of the decision.

                        (4)           If the Returning Officer removes a person from the roll of voters and the person has already been issued with postal ballot papers under subclause 14(1), the Returning Officer shall ensure that a vote cast by the person is invalidated.

Procedure after close of nominations

        12.          (1)           If the number of candidates nominated for an election is equal to, or less than, the number of vacancies to be filled, the Returning Officer shall declare the candidate or candidates to be elected.

                        (2)           If the number of candidates nominated for an election is more than the number of vacancies to be filled, the Returning Officer shall conduct a poll to fill the vacancy or vacancies.

                        (3)           If the number of candidates nominated for election is less than the number of vacancies to be filled, the Returning Officer shall call as soon as practicable another election to fill the remaining vacancies.


Conduct of ballot

        13.          (1)           If a poll is required for an election, the Returning Officer shall conduct a ballot.

                        (2)           The Returning Officer shall arrange –

(a)                 for the poll to be held on the specified polling day or days; and

(b)                 for polling booths to be established at the specified places at the times and on the polling day or days for the purpose of issuing ballot papers to eligible voters.

Application for postal vote

        14.          (1)           The Returning Officer shall send the following documents to each person who has applied for a postal vote in accordance with the notice of election –

(a)                 a ballot paper;

(b)                 a notice setting out how the ballot paper is to be completed and specifying the time and date by which the completed ballot paper must reach the Returning Officer;

(c)                 a form of declaration of identity and of entitlement to vote; and

(d)                 two envelopes, one marked “Ballot paper'' and the other addressed to the Returning Officer.

                        (2)           The Returning Officer may, on receipt of a declaration by a person who has applied for a postal vote stating that a voting paper has been lost, destroyed or spoiled, issue a duplicate voting paper to that person if satisfied as to the truth of the declaration.

Requirement for ballot papers

        15.          (1)           Each ballot paper shall –

(a)                 specify the names of the candidates; and

(b)                 if a candidate is an office bearer of a prescribed organisation under the Public Sector Management Regulations 2000 – specify that the candidate is an office bearer of the name of the prescribed organisation; and

(c)                 provide instructions on how it is to be completed.

                        (2)           The Returning Officer shall arrange for the order in which those names are to appear on ballot papers to be decided by lot and for those names to appear on ballot papers in that order.

                        (3)           The Returning Officer shall initial each ballot paper at the time it is issued.

How ballot paper is to be completed

        16.          (1)           It shall not be compulsory for an eligible voter to cast a vote.

                        (2)           If an eligible voter chooses to cast a vote, he or she shall do so by placing a figure or mark opposite the name of the candidate or candidates, as the case may be, to whom the voter wishes to give his or her vote. 

                        (3)           The maximum number of candidates which an eligible voter can vote for shall be equal to the number of vacancies to be filled.

                        (4)           An eligible voter can vote for a number of candidates which is less than the number of vacancies to be filled.

Conduct of ballot

        17.          (1)           An eligible voter who has not applied for postal ballot papers and who applies in person to the poll officer at a polling booth during polling time on a polling day is entitled to be issued with a ballot paper for the election.

                        (2)           However, the poll officer may refuse to issue a ballot paper to an eligible voter if satisfied that the eligible voter has already received a ballot paper for the election.

                        (3)           The poll officer shall take such steps as are practicable to ensure that only one ballot paper is issued to an eligible voter applying to vote.

                        (4)           The poll officer may issue a replacement ballot paper to an eligible voter on receipt of a spoiled ballot paper if satisfied that the ballot paper issued to the eligible voter has been spoiled.

                        (5)           An eligible voter who is issued with a ballot paper shall, after completing the ballot paper, deposit the ballot paper in the ballot box provided for the purpose at the polling place.

                        (6)           Such a ballot paper shall be deposited in the presence of a poll officer and as soon as the eligible voter has recorded his or her vote.

                        (7)           A ballot paper received by a poll officer is, for the purposes of this election, taken to be sent or delivered to, or received by, the Returning Officer.

Procedure for voting by post

        18.          (1)           This clause applies to a case where an eligible voter has applied for a postal vote.

                        (2)           Each voter shall, after completing the ballot paper that was sent to the voter –

(a)           enclose and seal that ballot paper in the envelope marked “Ballot paper”;

(b)           enclose and seal that envelope marked “Ballot paper” in the envelope that is addressed to the Returning Officer, together with the completed declaration of identity and entitlement to vote; and

(c)           send by post or deliver to the Returning Officer the envelope so addressed no later than the specified time on polling day.

Envelopes and ballot papers not to be opened or examined

        19.          The Returning Officer shall take all reasonable steps to ensure that –

(a)                 all votes received under clause 17 shall remain secured and unexamined; and

(b)                 all envelopes received under clause 18 shall remain secured and unopened,

until the close of the poll.

Election not invalidated because of certain errors

        20.          An election is not invalid only because –

(a)                 at the time when a notice of election is issued, the name of a person who is entitled to have his or her name entered on a roll of voters is omitted from that roll;

(b)                 a person whose name is on a roll of voters did not receive a ballot paper or did not see a notice of election;

(c)                 a ballot paper has not been issued to a person whose name is eligible to be entered on the relevant roll of voters but the name has not been so entered; 

(d)                 any or all of the documents referred to in subclause 14(1) were not issued to a person eligible to cast a postal vote;

(e)                 a ballot paper was issued to a person before his or her name was removed from the roll of voters by the Returning Officer in accordance with paragraph 11(3)(a); or

(f)                  a ballot paper was issued to a person before his or her name was removed from the roll of voters by the Returning Officer in accordance with paragraph 11(3)(a) and that person has cast a vote.

Candidate may appoint scrutineer

        21.          (1)           Each candidate is entitled to nominate one scrutineer to be present at any counting of votes.

                        (2)           A person is qualified to be appointed as a scrutineer only if the person is an employee of the Administration.

                        (3)           A candidate is not eligible to be appointed as a scrutineer at the election.

                        (4)           The appointment of a scrutineer shall, unless the Returning Officer otherwise permits, be made by the candidate delivering to the Returning Officer a notice signed by the candidate specifying the name of the scrutineer.

                        (5)           A scrutineer shall not –

(a)                 interfere with or attempt to influence the counting of the votes;

(b)                 handle the ballot papers.

                        (6)           A scrutineer who contravenes or fails to comply with subregulation 21(5) may be removed from the premises by the Returning Officer or a person authorised by the Returning Officer.

Non-disclosure of how person voted

        22.          (1)           This clause applies to the following persons concerned with the conduct of an election –

(a)                 the Returning Officer;

(b)                 any Deputy Returning Officer;

(c)                 any poll officer;

(d)                 any scrutineer appointed in connection with the election.

                        (2)           A person to whom this clause applies must not disclose, or assist another person to disclose, any information as to how any particular voter has voted at an election.

Procedure after close of poll

        23.          (1)           Immediately after the close of the poll the Returning Officer shall take possession of the ballot boxes.

                        (2)           As soon as practicable after the closing of polling at an election, the Returning Officer and if required, the Deputy Returning Officer and any poll officers shall, in the presence of such of the scrutineers as choose to be present –

(a)                 examine the ballot papers cast at the election;

(b)                 reject all informal ballot papers;

(c)                 count the votes for each candidate on the unrejected ballot papers; and

(d)                 place in a separate parcel all the ballot papers that have been rejected as informal.

Certain ballot papers to be rejected as informal

        24.          (1)           The Returning Officer shall reject as informal any ballot paper cast by a voter at an election that –

(a)                 is not initialled as required by subclause 15(3); or

(b)                 does not comply with a requirement of clause 16 or 18.

                        (2)           Despite subclause 24(1), a ballot paper is not informal only because a figure or mark placed on the ballot paper is not placed in or entirely in the square opposite a candidate’s name. However, in that case the figure or mark must have been placed on the ballot paper in such a position as clearly indicates to the satisfaction of the Returning Officer the voter’s preferences for the candidates.

Objections by scrutineer

        25.          (1)           If a scrutineer at the counting of votes objects that a ballot paper is informal, the Returning Officer, the Deputy Returning Officer or a poll officer shall mark the ballot paper “admitted” or “rejected” according to his or her decision to admit or reject the ballot paper.

                        (2)           Subclause 25(1) does not prevent the Returning Officer, the Deputy Returning Officer or a poll officer from rejecting a ballot paper as informal although a scrutineer has not objected to it.

Withdrawal, ineligibility or death of candidate

        26.          If, before the declaration of the poll, a candidate withdraws as a candidate, a candidate at the election dies or becomes no longer eligible for election, the election is to proceed as if –

(a)                 the candidate had not been nominated for election; 

(b)                 that candidate’s name had not been included on the ballot papers printed for the election; and

(c)                 any vote for that candidate had not been cast.


Determination of election result

        27.          (1)           If, after the Returning Officer has counted the total number of votes, 2 or more candidates have an equal number of votes and one or more of such candidates have to be excluded, the Returning Officer shall determine by lot which of them shall be elected.  The determination by lot shall be conducted as follows –

(a)                 the name of each candidate concerned is to be written on separate and similar slips of paper;

(b)                 the slips must then be folded so as to prevent identification;

(c)                 those slips are then to be mixed and one slip is to be drawn at random; and

(d)                 the candidate whose name is drawn is to be elected.

The candidate so elected is taken to have received an additional vote. 

                        (2)           As soon as the Returning Officer is satisfied that the election result has been determined, the Returning Officer shall

(a)                 subject to subregulation 4A(14) of the Public Sector Management Regulations 2000, declare elected those number of candidates equal to the number to be elected, who have the highest number of votes; and

(b)           if the Chief Executive Officer is not the Returning Officer – report the declaration to the Chief Executive Officer.

                        (3)           The Returning Officer shall, within 3 days of declaring the candidates elected, issue a written declaration of poll to employees by such means as the Returning Officer considers reasonably appropriate.  Without limiting that discretion, the Returning Officer may issue the declaration to employees either directly or through managers or section heads, by email or facsimile transmission.

Discretionary powers of returning officer

        28.          The Returning Officer shall be authorised to exercise discretionary powers necessary to facilitate the conduct of an election in accordance with the Public Sector Management Act 2000 and the Public Sector Management Regulations 2000.

________

 

SCHEDULE 3

(Regulation 10)

Prescribed organisations –

Norfolk Island Public Service Association

_______________________________________________________________________

 

NOTES

The Public Sector Management Regulations 2000 as shown in this consolidation comprises Regulations and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

 

 

 

 

Public Sector Management Regulations 2000

3, 2000

16.6.2000

3 and 5 (NB Regulations 3 and 5 no longer have any effect)

 

 

 

 

 

 

Public Sector Management Amendment Regulations 2000

7, 2000

24.8.2000

 

 

 

 

 

 

 

Public Sector Management Amendment Regulations 2001

1, 2001

9.3.2001

 

 

 

 

 

 

 

Public Sector Management Amendment (No. 2) Regulations 2001

5, 2001

3.8.2001

 

 

 

 

 

 

 

Public Sector Management Amendment (Elections and Prescribed Organisations) Regulations 2002

1, 2002

10.4.2002

 

 

________

 

 

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

Provisions affected

How affected

4A

ad

5, 2001

 

 

rs

1, 2002

 

7

ad

7, 2000

 

8

ad

1, 2001

 

9

ad

1, 2001

 

10

ad

1, 2002

 

Schedule 1

ad

1, 2001

 

Schedule 2

ad

1, 2002

 

Schedule 3

ad

1, 2002

 

 

 

 

 

 

© Norfolk Island Government 2005

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.