{"id":"architectural-practice-election-regulations-2025","name":"Architectural Practice (Election) Regulations 2025","slug":"architectural-practice-election-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235224,"registerId":"sa-architectural-practice-election-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Architectural Practice (Election) Regulations 2025","content":"South Australia\nArchitectural Practice (Election) Regulations 2025\nunder the Architectural Practice Act 2009\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tReturning officer\n5\tElection to be conducted by returning officer\n6\tAppointment of nomination closing day and polling day\n7\tAdvertisement of election and call for nominations\n8\tRegistrar to prepare roll\n9\tNomination\n10\tUncontested elections\n11\tPreparation of ballot papers\n12\tIssue of voting materials\n13\tMethod of voting\n14\tScrutineers\n15\tArrangements for counting of votes\n16\tMethod for counting based on principles of proportional representation\n17\tDeath of candidate\n18\tDeclaration of result of election\n19\tComputer counting\nSchedule 1—Method of counting votes\n1\tInterpretation\n2\tMethod of counting votes\nSchedule 2—Repeal of Architectural Practice (Election) Regulations 2010\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Architectural Practice (Election) Regulations 2025.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Architectural Practice Act 2009;\nnomination closing day, in relation to an election, means the day on which nomination of candidates for the election closes;\npolling day, in relation to an election, means the last day of the voting period for the election (being the day on which voting at the election closes);\nreturning officer—see regulation 4;\nvoter means a person entitled to vote at an election conducted under these regulations.\n\t(2)\tThe close of voting for an election is 12 noon on polling day.\n4—Returning officer\n\t(1)\tThe Board may, with the approval of the Minister, appoint a person as the returning officer responsible for conducting an election in accordance with these regulations.\n\t(2)\tIf the Board does not appoint a person as the returning officer under subregulation (1), the returning officer for an election under these regulations will be the Electoral Commissioner.\n\t(3)\tIn this regulation—\nElectoral Commissioner means the person for the time being holding, or acting in, the office of the Electoral Commissioner under the Electoral Act 1985.\n5—Election to be conducted by returning officer\n\t(1)\tAn election for the purposes of section 5(1)(a) of the Act will be conducted by the returning officer—\n\t(a)\tin accordance with these regulations; and\n\t(b)\tto the extent that these regulations fail to deal with a matter that, in the opinion of the returning officer, is necessary for the proper conduct of the election—in accordance with rules determined by the returning officer in relation to that matter.\n\t(2)\tThe Board is responsible for the costs and expenses incurred by the returning officer in conducting an election.\n6—Appointment of nomination closing day and polling day\nThe returning officer will fix—\n\t(a)\ta day as nomination closing day for an election; and\n\t(b)\ta day as polling day for an election.\n7—Advertisement of election and call for nominations\n\t(1)\tAt least 14 days before the nomination closing day for an election the returning officer must cause an advertisement relating to the election to be published on a website determined by the Board.\n\t(2)\tThe advertisement must set out—\n\t(a)\tan invitation for nominations for the vacancies to be filled; and\n\t(b)\tthe number of vacancies to be filled; and\n\t(c)\tdetails about how a nomination may be made; and\n\t(d)\tthe day fixed as nomination closing day; and\n\t(e)\tthe day fixed as polling day.\n8—Registrar to prepare roll\n\t(1)\tThe Registrar is responsible for the preparation of a voters roll for the purposes of an election.\nNote—\nEvery person who is a registered architect at the time the voters roll is prepared is entitled to vote—see section 6(2) of the Act.\n\t(2)\tThe voters roll to be used in a particular election must reflect entitlements to vote as they exist at 5 pm on the third business day after the day on which the advertisement relating to the election is published.\n\t(3)\tThe Registrar must supply the returning officer with sufficient copies of the voters roll, certified by the Registrar, for use at an election.\n\t(4)\tThe voters roll may be supplied to the returning officer in electronic form, or in another manner agreed between the Registrar and the returning officer.\n9—Nomination\n\t(1)\tThe returning officer must prepare a nomination form for the purposes of an election (in a form determined by the returning officer).\n\t(2)\tA registered architect may be nominated as a candidate for an election by lodgement of a nomination form with the returning officer by 12 noon on nomination closing day.\n\t(3)\tA nomination must be made by 2 persons who are entitled to vote at the election.\n\t(4)\tA candidate for election must—\n\t(a)\tmake a declaration on the nomination form that they are eligible to be elected at the election; and\n\t(b)\tsignify their consent in accordance with any instructions contained in the nomination form.\n\t(5)\tA nomination must be accompanied by—\n\t(a)\ta profile of the candidate; and\n\t(b)\tother information required by the returning officer.\n\t(6)\tA profile must comply with the following requirements:\n\t(a)\tthe profile must be limited to relevant professional information about the candidate and other information directly relevant to the functions or operations of the Board under the Act;\n\t(b)\tthe profile must be in typed form or in legible handwriting and comply with other requirements as to form determined by the returning officer;\n\t(c)\tthe profile must not exceed 200 words;\n\t(d)\tthe profile must be signed and dated by the candidate (but this signature and date will not form part of the profile for the purposes of the election).\n\t(7)\tThe returning officer may reject a nomination if, in the opinion of the returning officer, the name under which the candidate is nominated—\n\t(a)\tis obscene; or\n\t(b)\tis frivolous; or\n\t(c)\tappears to have been assumed for an ulterior purpose.\n\t(8)\tA nomination is invalid if—\n\t(a)\tthe nomination is not made by the use of a nomination form under this regulation; or\n\t(b)\tthe nomination form is not completed—\n\t(i)\tin accordance with instructions contained in the form; or\n\t(ii)\tin accordance with the requirements of this regulation; or\n\t(c)\tthe nomination form, the candidate profile and any other required information are not received by the returning officer by 12 noon on nomination closing day.\n\t(9)\tA dispute as to the validity of a nomination will be determined summarily by the returning officer.\n\t(10)\tA nominated candidate may at any time before the close of nominations, by written notice signed by the candidate and given to the returning officer, withdraw the nomination.\n10—Uncontested elections\n\t(1)\tIf, after nominations have closed, it appears that the number of candidates nominated to contest the election does not exceed the number of persons required to be elected, the returning officer must declare the nominated candidate or candidates elected.\n\t(2)\tWithin 7 days after making the declaration, the returning officer must cause a notice of the declaration to be published on a website determined by the Board.\n\t(3)\tThe notice must set out—\n\t(a)\tthe date of the declaration; and\n\t(b)\tthe name of each successful candidate.\n\t(4)\tIf, after nominations have closed, it appears that the number of candidates nominated to contest the election is less than the number of persons required to be elected, the returning officer, in addition to making a declaration and publishing a notice under subregulations (1) and (2), must extend the period for nominations for the remaining vacancy or vacancies by a period (not exceeding 7 days) determined by the returning officer and may fix a new day as polling day.\n\t(5)\tIf the returning officer is required to take action under subregulation (4), the returning officer must at the earliest opportunity cause a notice relating to the matter to be published on a website determined by the Board.\n\t(6)\tThe notice must set out—\n\t(a)\tan invitation for nominations for those vacancies; and\n\t(b)\tthe number of vacancies left to be filled; and\n\t(c)\tdetails about how a nomination may be made; and\n\t(d)\tthe day by which nominations must be received; and\n\t(e)\tthe day fixed as polling day.\n\t(7)\tThese regulations will then apply in the same manner as they applied (or would have applied) to earlier nominations.\n\t(8)\tIf the number of candidates nominated exceeds the required number of candidates, an election will be held to fill the relevant vacancies.\n11—Preparation of ballot papers\n\t(1)\tIf an election is to be held, the returning officer must prepare a ballot paper (which may be in electronic form) showing the names of all candidates for election (on the basis of information provided to the returning officer as part of the nomination process).\n\t(2)\tThe ballot paper must be prepared as soon as is reasonably practicable after the nomination closing day for the election.\n\t(3)\tThe names of the candidates must be arranged on the ballot paper, 1 under the other, in an order determined by lot.\n\t(4)\tA square must be placed to the left of each name appearing on the ballot paper.\n\t(5)\tA ballot paper will otherwise be in a form determined by the returning officer.\n12—Issue of voting materials\n\t(1)\tThe returning officer must, at least 14 days before polling day for an election, send by post or electronic means to every voter—\n\t(a)\tthe ballot paper prepared under regulation 11 (authenticated to the satisfaction of the returning officer); and\n\t(b)\ta statement setting out—\n\t(i)\tinstructions for the completion of the ballot paper; and\n\t(ii)\tthe manner in which the ballot paper is to be returned; and\n\t(c)\ta set of candidate profiles in a form determined by the returning officer; and\n\t(d)\t—\n\t(i)\tif the voting is to occur by means of postal voting—an opaque envelope bearing a declaration in a form determined by the returning officer, to be completed by the voter, declaring that the ballot paper contained in the envelope contains their vote and that they have not already voted at the election; or\n\t(ii)\tif the voting is to occur by means of electronic voting—a declaration in a form determined by the returning officer, to be completed by the voter, declaring that the ballot paper submitted with the declaration contains their vote and that they have not already voted at the election.\n\t(2)\tIf the voting is to occur by means of postal voting the following provisions apply:\n\t(a)\tthe declaration referred to subregulation (1)(d)(i) must appear on a tear‑off extension to the envelope flap; and\n\t(b)\tthe envelope must be—\n\t(i)\ta pre‑paid envelope addressed to the returning officer; or\n\t(ii)\taccompanied by a pre‑paid envelope addressed to the returning officer; and\n\t(c)\tif a person to whom voting papers are issued desires to vote at the relevant election, the following procedures must be followed:\n\t(i)\tthe voter must mark their vote in the manner prescribed by these regulations on the ballot paper supplied;\n\t(ii)\tthe voter must then fold the ballot paper and place the folded ballot paper in the envelope;\n\t(iii)\tthe voter must then seal the envelope;\n\t(iv)\tthe voter must then ensure that the declaration on the flap is completed and signed by the voter;\n\t(v)\tthe sealed envelope must then be delivered to the returning officer (by post or personally) not later than the close of voting on polling day.\n\t(3)\tIf the voting is to occur by means of electronic voting, the following provisions apply:\n\t(a)\tthe returning officer must be satisfied that the means of voting—\n\t(i)\tcontains sufficient safeguards to prevent a person voting twice in the election or other voter fraud; and\n\t(ii)\tensures that the anonymity of voters is able to be maintained during the counting of votes;\n\t(b)\tif a person to whom voting papers are issued desires to vote at the relevant election, the voter must mark their vote in the manner prescribed by these regulations on the ballot paper supplied and must return their completed ballot paper and declaration in accordance with the instructions included in the voting materials sent to the voter in accordance with subregulation (1).\n\t(4)\tIf the returning officer is satisfied that voting papers issued to a voter—\n\t(a)\thave not been received by the voter; or\n\t(b)\thave been lost; or\n\t(c)\thave been inadvertently spoiled,\nthe returning officer may issue fresh voting papers to the voter (before the close of voting).\n\t(5)\tThe issue of fresh voting papers automatically cancels the original voting papers.\n13—Method of voting\n\t(1)\tTo make a formal vote at an election a person must make a vote on the ballot paper—\n\t(a)\tif only 1 candidate is required to be elected—by placing the number 1 in the square opposite the name of the candidate of the voter's first preference and, if the voter so desires, by placing the number 2 and consecutive numbers in the squares opposite the names of other candidates in the order of the voter's preference for them; or\n\t(b)\tif more than 1 candidate is required to be elected—by placing consecutive numbers beginning with the number 1 in the squares opposite the names of candidates in the order of the voter's preference for them until the voter has indicated a vote for a number of candidates equal to the number of candidates required to be elected and then, if the voter so desires, by continuing to place consecutive numbers for 1 or more additional candidates in the order of the voter's preference.\n\t(2)\tA tick or cross appearing on a ballot paper is equivalent to the number 1.\n\t(3)\tIf—\n\t(a)\ta series of numbers (starting from the number 1) appearing on a ballot paper is non‑consecutive by reason only of the omission of 1 or more numbers from the series or the repetition of a number (not being the number 1); and\n\t(b)\tif more than 1 candidate is required to be elected—the numbers are at least consecutive up to the number of candidates required to be elected,\nthe ballot paper is not informal and the votes are valid up to the point at which the omission or repetition occurs.\n\t(4)\tA ballot paper is not informal by reason of non‑compliance with this regulation if the voter's intention is clearly indicated on the ballot paper.\n14—Scrutineers\n\t(1)\tEach candidate at an election may appoint a person to be a scrutineer for the purposes of the election.\n\t(2)\tA candidate in an election is not eligible for appointment as a scrutineer for the election (and a candidate may not be present at the scrutiny).\n\t(3)\tNo more than 1 scrutineer may be appointed for each candidate.\n\t(4)\tThe appointment of a scrutineer may be made by written notice given to the returning officer in a manner determined by the returning officer.\n15—Arrangements for counting of votes\n\t(1)\tThe returning officer will, as soon as practicable after the close of voting for an election, with the assistance of persons appointed or nominated by the returning officer, and in the presence of scrutineers or officers of the Board who may be present, ensure that all voting papers returned for the purposes of the election in accordance with these regulations are made available under this regulation.\n\t(2)\tThe returning officer will, for the purposes of the election (and with such assistance as may be necessary and appropriate)—\n\t(a)\texamine the declaration on each envelope, or electronic vote, validly returned under these regulations and determine which votes are to be accepted for further scrutiny; and\n\t(b)\ttake any steps necessary to ensure that the declaration and any identifying features of the voter will not be visible during the scrutiny of votes (by, for example, tearing off the extensions to the envelope flaps on the envelopes accepted and rearranging the envelopes so that the anonymity of voters is maintained); and\n\t(c)\texamine the ballot papers and reject informal ballot papers; and\n\t(d)\tarrange all unrejected ballot papers for counting.\n16—Method for counting based on principles of proportional representation\nSubject to regulation 19, the returning officer will conduct the counting of votes in an election in accordance with the method set out in Schedule 1.\n17—Death of candidate\nIf a candidate dies between the close of nominations and polling day, the election will not fail and a vote indicated on a ballot paper opposite the name of the deceased candidate must be counted to the candidate next in order of the voter's preference, and the numbers indicating subsequent preferences will be altered accordingly.\n18—Declaration of result of election\n\t(1)\tWhen all vacancies have been filled by the making of provisional declarations under Schedule 1, the returning officer will formally declare the result of the election.\n\t(2)\tWithin 7 days after making a formal declaration the returning officer must—\n\t(a)\tprovide written notification of the result to the Minister; and\n\t(b)\tcause a notice setting out the result to be published on a website determined by the Board.\n19—Computer counting\n\t(1)\tThe returning officer may decide to use a computer program to carry out steps involved in the recording, scrutiny or counting of votes in an election.\n\t(2)\tHowever, the returning officer cannot do so unless the returning officer is reasonably satisfied that the proper use of the program would produce the same result in the recording, scrutiny or counting of votes as the result that would be achieved if the program were not to be used.\n\t(3)\tIf a computer program is used, the method of counting votes under Schedule 1 may be modified according to the determination of the returning officer.\nSchedule 1—Method of counting votes\n1—Interpretation\n\t(1)\tIn this Schedule—\ncontinuing candidate means a candidate not already elected or excluded from the count;\nelection of a candidate means the making by the returning officer of a provisional declaration that the candidate has been elected, and elected has a corresponding meaning;\nsurplus votes of an elected candidate means the excess (if any) over the quota of the elected candidate's votes.\n\t(2)\tFor the purposes of clause 2, a reference to votes of or obtained or received by a candidate includes votes obtained or received by the candidate on transfer under that clause.\n2—Method of counting votes\nThe conduct of the counting of the votes in an election will occur according to the following method:\n\t(a)\tthe number of first preference votes given for each candidate and the total number of all such votes must be ascertained and a quota determined by—\n\t(i)\tdividing the total number of first preference votes by 1 more than the number of candidates required to be elected; and\n\t(ii)\tincreasing the quotient so obtained (disregarding any remainder) by 1,\nand, if a candidate has received a number of first preference votes equal to or greater than the quota, the returning officer must make a provisional declaration that the candidate has been elected;\n\t(b)\tif the total number of all first preference votes does not exceed 150, the number of votes of a particular kind contained in the ballot papers will, for the purposes of this clause (including paragraph (a)), be taken to be the number obtained by multiplying the number of votes of that kind contained in the ballot papers by 100;\n\t(c)\tunless all the vacancies have been filled, the surplus votes of each elected candidate must be transferred to the continuing candidates as follows:\n\t(i)\tthe number of surplus votes of the elected candidate must be divided by the number of first preference votes received by that candidate and the resulting fraction will be the transfer value;\n\t(ii)\tthe total number of the first preference votes for the elected candidate that are contained in ballot papers that express the next available preference for a particular continuing candidate must be multiplied by the transfer value, the number so obtained (disregarding any fraction) must be added to the number of first preference votes of the continuing candidate and all those ballot papers must be transferred to the continuing candidate,\nand, if a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer, the returning officer must make a provisional declaration that the candidate has been elected;\n\t(d)\tunless all the vacancies have been filled, the surplus votes (if any) of a candidate elected under paragraph (c), or elected subsequently under this paragraph, must be transferred to the continuing candidates in accordance with paragraph (c)(i) and (ii) and, if a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer, the returning officer must make a provisional declaration that the candidate has been elected;\n\t(e)\tif a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under paragraph (c) or (d) of the surplus votes of a particular elected candidate, no votes of any other candidate may be transferred to the continuing candidate;\n\t(f)\tfor the purposes of the application of paragraph (c)(i) and (ii) in relation to a transfer under paragraph (d) or (h) of the surplus votes of an elected candidate, each ballot paper of the elected candidate that was obtained on a transfer under this clause must be dealt with as if any vote it expressed for the elected candidate were a first preference vote, as if the name of any other candidate previously elected or excluded had not been on the ballot paper and as if the numbers indicating subsequent preferences had been altered accordingly;\n\t(g)\tif, after the counting of first preference votes or the election of a candidate and the transfer of the surplus votes (if any) of the elected candidate that are capable of being transferred, no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who has the fewest votes must be excluded and all the excluded candidate's votes must be transferred to the continuing candidates as follows:\n\t(i)\tthe total number of the first preference votes for the excluded candidate that are contained in ballot papers that express the next available preference for a particular continuing candidate must be transferred, each first preference vote at a transfer value of 1, to the continuing candidate and added to the number of votes of the continuing candidate and all those ballot papers must be transferred to the continuing candidate;\n\t(ii)\tthe total number (if any) of other votes obtained by the excluded candidate on transfers under this clause must be transferred from the excluded candidate in the order of the transfers on which they were obtained, the votes obtained on the earliest transfer being transferred first, as follows:\n\t(A)\tthe total number of votes transferred to the excluded candidate from a particular candidate that are contained in ballot papers that express the next available preference for a particular continuing candidate must be multiplied by the transfer value at which the votes were so transferred to the excluded candidate;\n\t(B)\tthe number so obtained (disregarding any fraction) must be added to the number of votes of the continuing candidate;\n\t(C)\tall those ballot papers must be transferred to the continuing candidate;\n\t(h)\tif a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under paragraph (g) or (i) of votes of an excluded candidate, the returning officer must make a provisional declaration that the candidate has been elected and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected must be transferred in accordance with paragraph (c)(i) and (ii), except that, if the candidate so elected is elected before all the votes of the excluded candidate have been transferred, the surplus votes (if any) of the candidate so elected must not be transferred until the remaining votes of the excluded candidate have been transferred in accordance with paragraph (g)(i) and (ii) to continuing candidates;\n\t(i)\tsubject to paragraph (k), if, after the exclusion of a candidate and the transfer of the votes (if any) of the excluded candidate that are capable of being transferred, no continuing candidate has received a number of votes greater than the quota, the continuing candidate who has the fewest votes must be excluded and their votes transferred in accordance with paragraph (g)(i) and (ii);\n\t(j)\tif a candidate is elected as a result of a transfer of the first preference votes of an excluded candidate or a transfer of all the votes of an excluded candidate that were transferred to the excluded candidate from a particular candidate, no other votes of the excluded candidate may be transferred to the candidate so elected;\n\t(k)\tin respect of the last vacancy for which 2 continuing candidates remain, the returning officer must make a provisional declaration that the continuing candidate who has the larger number of votes has been elected despite the fact that number is below the quota and, if those candidates have the same number of votes, the candidate with the larger number of votes at the last preceding count or transfer will be taken to be elected and, if the number of votes at that count or transfer was equal, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine which of the candidates is to be elected;\n\t(l)\tdespite any other provision of this clause, if, on the completion of a transfer of votes under this clause, the number of continuing candidates is equal to the number of remaining unfilled vacancies, the returning officer must make a provisional declaration that those candidates have been elected;\n\t(m)\tfor the purposes of this clause—\n\t(i)\tthe order of election of candidates will be taken to be in accordance with the order of the count or transfer as a result of which they were elected, the candidates (if any) elected on the count of first preference votes being taken to be the earliest elected; and\n\t(ii)\tif 2 or more candidates are elected as a result of the same count or transfer, the order in which they will be taken to have been elected will be in accordance with the relative numbers of their votes, the candidate with the largest number of votes being taken to be the earliest elected but, if any 2 or more of those candidates each have the same number of votes, the order in which they will be taken to have been elected will be taken to be in accordance with the relative numbers of their votes at the last count or transfer before their election at which each of them had a different number of votes, the candidate with the largest number of votes at that count or transfer being taken to be the earliest elected and, if there has been no such count or transfer, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine the order in which they will be taken to have been elected;\n\t(n)\tsubject to paragraphs (o) and (p), if, after a count or transfer under this clause, 2 or more candidates have surplus votes, the order of transfers of the surplus votes of those candidates will be in accordance with the relative sizes of the surpluses, the largest surplus being transferred first;\n\t(o)\tsubject to paragraph (p), if, after a count or transfer under this clause, 2 or more candidates have equal surpluses, the order of transfers of the surplus votes of those candidates will be in accordance with the relative numbers of votes of those candidates at the last count or transfer at which each of those candidates had a different number of votes, the surplus of the candidate with the largest number of votes at that count or transfer being transferred first but, if there has been no such count or transfer, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine the order in which the surpluses will be dealt with;\n\t(p)\tif, after a count or transfer under this clause, a candidate obtains surplus votes, those surplus votes will not be transferred before the transfer of surplus votes obtained by any other candidate on an earlier count or transfer;\n\t(q)\tif the candidate who has the fewest votes is required to be excluded and 2 or more candidates each have the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes will be excluded but, if there has been no such count or transfer, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine which candidate will be excluded;\n\t(r)\tif a candidate is elected by reason that the number of first preference votes received, or the aggregate of first preference votes received and all other votes obtained on transfers under this clause, is equal to the quota, all the ballot papers expressing those votes must be set aside as finally dealt with;\n\t(s)\ta ballot paper must be set aside as exhausted where on a transfer it is found that the paper expresses no preference for a continuing candidate;\n\t(t)\tfor the purposes of this clause, a transfer under paragraph (c), (d) or (h) of the surplus votes of any elected candidate, a transfer in accordance with paragraph (g)(i) of all first preference votes of an excluded candidate or a transfer in accordance with paragraph (g)(ii) of all the votes of an excluded candidate that were transferred from a particular candidate will each be regarded as constituting a separate transfer.\nSchedule 2—Repeal of Architectural Practice (Election) Regulations 2010\nThe Architectural Practice (Election) Regulations 2010 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n65\nGazette 31.7.2025 p2835 \n31.7.2025: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These regulations repeal the 2010 election regulations (Schedule 2) and replace them with an updated, more detailed procedural code. Changes that materially broaden or clarify scope include: formal allowance for electronic voting with explicit safeguard requirements (reg 12(3)); an explicit computer‑counting regime with an equivalence test before use and permission to modify Schedule 1 if using software (reg 19); a detailed, prescriptive single transferable vote (STV) counting method with fractional transfers and precise sequencing (reg 16; Schedule 1); and a power for the returning officer to make rules where the regulations are silent (reg 5(1)(b)). These additions expand the procedural toolkit available (particularly for electronic processes and automated counting) while leaving substantive voter eligibility determined by the Act (see reg 8 note). The result is a broader and more modernised procedure set compared with the prior regulations rather than a change in who may vote or be elected."},"complexity_factors":["19 regulations plus 2 schedules (substantive operational detail)","Interpretation section with 5 defined terms (reg 3) and additional defined terms in Schedule 1 (3 defined terms)","Detailed single transferable vote counting algorithm with many conditional branches (Schedule 1, paras (a)–(t))","Multiple timelines and deadlines (14 days prior publication, 5 pm third business day for roll, 12 noon nomination close, 14 days before polling day to issue materials, close of voting 12 noon)","Discretionary powers for the returning officer to make rules where regulations are silent (reg 5(1)(b))","Options for postal or electronic voting with different procedural safeguards and documentary requirements (reg 12)","Computer counting allowed but subject to equivalence test and possible modification of counting method (reg 19)","Numerous tie‑breaking and sequencing rules (lottery tie‑breaks, precedence by earlier counts) that require careful recordkeeping (Schedule 1 paras (k),(m),(o),(q))","Nomination formalities and short profile limit (200 words) with summary rejection/dispute resolution concentrated in the returning officer (reg 9)"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- The regulations set the detailed procedures for electing members under the Architectural Practice Act 2009. They specify who runs the election, how and when nominations and voting happen, what voting materials are issued, and exactly how votes are to be counted (using a proportional representation method in Schedule 1). (regs 4–6, 9–13, 16; Schedule 1)\n\n- The Board either appoints a returning officer with Ministerial approval, or, if it does not, the Electoral Commissioner acts as returning officer. The returning officer fixes nomination closing and polling days and may make rules about any procedural gaps. (reg 4(1)–(3); reg 6; reg 5(1)(b))\n\n- The Registrar prepares the voters roll. The roll must reflect who is entitled to vote as at 5 pm on the third business day after the election advertisement is published. (reg 8(1)–(3))\n\n- Candidates must be registered architects and be nominated on a returning-officer form by two voters, submit a signed declaration of eligibility and a short (max 200 words) professional profile, and lodge nominations by noon on the nomination closing day. The returning officer may reject obscene or frivolous names and can determine nomination validity. (reg 9(1)–(10))\n\n- If the number of candidates is equal to or fewer than vacancies, the returning officer declares them elected; if fewer, nominations can be re-opened for up to 7 days. If more, a vote is held. (reg 10)\n\n- Voting materials (ballot, candidate profiles, instructions and a signed declaration) must be sent to every voter at least 14 days before polling day. Voting may be postal or electronic; for electronic voting the returning officer must be satisfied there are sufficient safeguards against double voting and to protect voter anonymity. (reg 11; reg 12(1)–(3))\n\n- Voting uses preferential numbering. Where one vacancy is filled, voters place a 1 (and may number further preferences). Where multiple vacancies are filled, voters must number consecutively starting at 1 up to the number of vacancies (and may continue numbering additional preferences). Tick or cross counts as a 1; votes are assessed for formality with flexibility to give effect to clear intention. (reg 13)\n\n- Counting is conducted by the returning officer in accordance with the proportional representation method in Schedule 1 (quota calculation, transfer of surplus votes at fractional transfer values, exclusion of lowest candidates, and tie‑breaking by reference to earlier counts or by lot). The returning officer may use a computer program only if satisfied it would produce the same result as manual counting, and may modify Schedule 1 accordingly. (reg 16; reg 19; Schedule 1)\n\n- The returning officer declares provisional and then formal results, notifies the Minister in writing and publishes the result on a Board-determined website. (reg 18)\n\n**Who is affected**\n\n- Registered architects who are entitled to vote (the electorate). (reg 8(1); note: entitlement is defined by the Act.)\n- Architect candidates (must be registered architects and meet nomination requirements). (reg 9)\n- The Board and Registrar (administration, roll preparation, and cost obligations). (reg 5(2); reg 8)\n- The returning officer (appointed by the Board or defaulting to the Electoral Commissioner) — responsible for running the election and filling procedural gaps. (regs 4–6)\n\n**Who pays and who decides**\n\n- The Board is responsible for the costs and expenses of the returning officer in conducting the election. (reg 5(2))\n- The Board appoints the returning officer (subject to Ministerial approval), but if it does not the Electoral Commissioner is the returning officer. The returning officer decides nomination timing, polling day, accepts/rejects nominations (within the rules), issues voting materials, prescribes ballot form and may make rules for matters not addressed. (reg 4; regs 5(1)(b), 6, 7, 9, 11, 12)\n\n**Why it matters (practical effects and implementation considerations)**\n\n- The regulations replace a prior set of election rules (Schedule 2 repeals the 2010 regulations), updating procedural detail for modern practices such as electronic voting and computerized counting. (Schedule 2; reg 19)\n\n- They lock in a proportional representation counting method (single transferable vote style) with specific rules on quotas, fractional transfers and exclusion order. That determines how votes translate into seats and can affect strategic candidate behaviour (preferences, nomination decisions). (reg 16; Schedule 1)\n\n- The returning officer has meaningful operational discretion: setting days, resolving unaddressed procedural matters, determining form requirements, accepting/rejecting nominations and approving electronic voting safeguards. Discretion is bounded by these regulations but can materially shape how an election runs. (regs 5(1)(b), 6, 9(7), 12(3))\n\n**Costs, incentives and trade‑offs (mechanical, not normative)**\n\n- Direct financial cost is borne by the Board (reg 5(2)). Administrative work falls to the Registrar (roll preparation, reg 8) and the returning officer (logistics, reg 11–15). Those are opportunity costs relative to other Board/Registrar tasks.\n\n- The 200‑word profile limit and the requirement that profiles be strictly professional narrow campaign messaging to professional qualifications and relevant experience (reg 9(6)(a),(c)). That reduces space for broader advocacy on policy, and creates a compliance burden for candidates to conform to form requirements.\n\n- Allowing electronic voting (subject to safeguards) and computerized counting can reduce time and transaction costs but introduces implementation risk: the returning officer must be satisfied the system prevents double voting and preserves anonymity (reg 12(3); reg 19(1)–(2)). The regulations require equivalence between manual and computer results before use (reg 19(2)), which mitigates but does not eliminate operational risk.\n\n- The counting method uses fractional transfers and multiple conditional steps (Schedule 1). That produces precise allocation of votes but increases procedural complexity and the need for either experienced counters or reliable software to avoid error. (Schedule 1)\n\n**Compliance burden and procedural risks**\n\n- Candidates must secure two nominators who are voters, submit a signed declaration and a profile by noon on the nomination closing day—tight timelines and formal form requirements can lead to rejected or invalid nominations (reg 9(2)–(8)). Disputes over nomination validity are determined summarily by the returning officer (reg 9(9)), concentrating resolution power.\n\n- Postal voting requires signed declarations on pre‑paid envelopes and timely return by polling close; electronic voting is allowed but subject to the returning officer’s satisfaction about safeguards (reg 12). Failure in delivery or spoilage allows fresh papers to be issued but cancels the original (reg 12(4)–(5)).\n\n- Tie outcomes and deadlocks are resolved by reference to prior counts or by drawing lots in the presence of scrutineers (Schedule 1, paras (k), (m), (o), (q)), which is a predictable but blunt tie‑breaking mechanism.\n\n**Concentrated benefits and diffuse costs (mechanisms)**\n\n- The primary beneficiaries of clear, detailed election procedures are candidates and the Board: candidates benefit from predictable rules for nomination and counting; the Board benefits from procedural certainty and the ability to rely on a returning officer. The electorate (registered architects) bears diffuse administrative costs in time and attention, and the Board bears monetary expense. (regs 5, 9, Schedule 1)\n\n**Potential unintended consequences and substitution effects (mechanically plausible)**\n\n- The combination of strict profile limits, the two-nominator rule and summary rejection powers could reduce the pool of viable candidates if potential candidates cannot meet formality requirements or are deterred by administrative friction (reg 9).\n\n- If the Board chooses to appoint a returning officer who is not the Electoral Commissioner, or the returning officer exercises broad procedural discretions, different administrative approaches could produce variation in how rules are implemented between elections (reg 4; reg 5(1)(b)).\n\n**Key cross‑references to the regulations**\n\n- Appointment and roles: regs 4–6\n- Voters roll and timing: reg 8\n- Nominations and candidate profile: reg 9\n- Voting materials and methods (postal/electronic): regs 11–13\n- Counting method and use of computers: reg 16; reg 19; Schedule 1\n- Repeal of prior regulations: Schedule 2\n\nSummary: these regulations set a full procedural code for Board elections: who runs them, the timeline for nominations and voting, the form and content of nominations and ballots, options for postal or electronic voting, and a detailed proportional counting method with safeguards for any computerized implementation. They allocate costs to the Board, administrative tasks to the Registrar and returning officer, and give the returning officer consequential operational discretion for matters not expressly covered by the text."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not available for review. The page returned was an error message from the South Australian legislation website following a site update in March 2026."},"complexity_factors":["No legislative text was retrievable — the source is a 404 'Page Not Found' error page, not the actual regulations","Complexity cannot be meaningfully assessed without the substantive content of the instrument","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"These regulations set out election procedures under South Australia’s Architectural Practice framework, governing how members of the profession’s governing body are chosen. They affect registered architects who vote in or stand for board/committee elections and matter because they determine candidacy, voting and administrative rules that shape professional governance and representation."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations maintain the same scope as the original 2010 regulations they replace. They continue to govern only the election process for the Architectural Practice Board. While they modernise procedures (adding electronic voting, web-based advertising), they do not expand beyond the original purpose of regulating Board elections. The proportional representation counting method was present in the 2010 version and remains the core mechanism."},"complexity_factors":["Detailed proportional representation counting method in Schedule 1 with 20 sub-paragraphs (clauses 2(a)-(t)) involving quotas, transfer values, surplus distributions, and multiple tie-breaking procedures","Nested conditional logic throughout (e.g., regulation 13(3) has conditions within conditions for when numbering errors don't invalidate a ballot)","Cross-references between the regulations and the parent Act (Architectural Practice Act 2009), plus external reference to the Electoral Act 1985 for the Electoral Commissioner definition","Multiple alternative pathways for voting (postal vs electronic) with different procedural requirements for each","Defined terms in both regulation 3 and Schedule 1 clause 1, with some terms having contextual definitions (e.g., 'polling day' defined differently in relation to 'election')","Exception handling for edge cases: death of candidates, tied votes requiring lot-drawing, exhausted ballots, computer counting modifications"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the complete rulebook for how elections are run to choose members of the Board of the Architectural Practice Board of South Australia. Every registered architect in South Australia gets to vote for who sits on the Board that governs their profession.\n\n**Who it affects:**\n\n- **Registered architects in South Australia** – they are the voters and can also stand as candidates\n- **The Board** – they appoint the returning officer (the person who runs the election) and pay the costs\n- **Candidates** – architects who want to be elected to the Board\n- **The Minister** – gives final approval for who runs the election\n\n**Key processes covered:**\n\n- **Setting up the election:** The returning officer picks the dates, advertises the election online, and the Registrar prepares the voters roll (the list of everyone eligible to vote)\n- **Nominations:** Candidates need two registered architects to nominate them, submit a 200-word profile, and declare they are eligible. The returning officer can reject silly or offensive nomination names\n- **Voting:** Can be done by post or electronically. Voters number their preferences (1, 2, 3...) for candidates. You can vote for as many candidates as there are positions to fill, plus more if you want\n- **Counting votes:** Uses **proportional representation** (a system where candidates need a certain 'quota' of votes to win, and surplus votes get redistributed to other candidates based on voters' preferences). This is the same system used for Australian Senate elections\n- **Uncontested elections:** If not enough people nominate, the returning officer can extend the nomination period or declare the nominated candidates elected without a vote\n- **Death of candidate:** If a candidate dies during the election, votes for them go to the voter's next preference instead\n\n**Why it matters:**\n\nThis ensures the architectural profession in South Australia has democratic, transparent, and fair elections for its governing body. The detailed counting method (Schedule 1) ensures that minority viewpoints within the profession can still be represented on the Board, not just whoever gets the most first-preference votes.\n\n**What's new:**\n\nThese regulations replace the 2010 version, updating the rules for modern elections including electronic voting options."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/architectural-practice-election-regulations-2025","history":"/api/acts/architectural-practice-election-regulations-2025/history","analysis":"/api/acts/architectural-practice-election-regulations-2025/analysis","conflicts":"/api/acts/architectural-practice-election-regulations-2025/conflicts","importantCases":"/api/acts/architectural-practice-election-regulations-2025/important-cases","documents":"/api/acts/architectural-practice-election-regulations-2025/documents"}}