Architectural Practice (Election) Regulations 2025

The regulations organise an internal electoral process for the Board under the Act by setting the following core concepts and mechanisms:

• Returning officer and delegation: The Board may appoint a returning officer with Ministerial approval (reg 4(1)); if it does not, the Electoral Commissioner is the returning officer (reg 4(2)). The returning officer runs the election according to these regulations and may promulgate supplementary rules for matters not covered (reg 5(1)(a)-(b)). The returning officer may appoint or nominate persons to assist (reg 15(1)).

• Timelines and notice: The returning officer must publish an advertisement on a Board‑determined website at least 14 days before nomination closing day (reg 7(1)). The voters roll is fixed to entitlements existing at 5 pm on the third business day after that advertisement (reg 8(2)). Voting materials must be sent at least 14 days before polling day (reg 12(1)). Voting closes at 12 noon on polling day (reg 3(2)).

• Voters roll and entitlement: The Registrar prepares and certifies the voters roll (reg 8(1), (3)). The statutory note cites section 6(2) of the Act, confirming that every person who is a registered architect at the time the roll is prepared is entitled to vote (reg 8 note and reg 8(1)-(2)).

• Nomination mechanics and candidate profile: A registered architect may be nominated by lodgement of a returning officer form by 12 noon on nomination closing day (reg 9(1)-(2)). Each nomination must be made by two persons who are entitled to vote (reg 9(3)). The candidate must declare eligibility and consent on the nomination form (reg 9(4)). Candidate profiles are limited to 200 words, must be typed or legible and signed and dated (reg 9(5)-(6)). The returning officer may reject obscene, frivolous or evidently assumed names (reg 9(7)) and may determine nomination validity summarily (reg 9(9)).

• Ballot paper and voting options: Where an election is required, the returning officer prepares a ballot paper with candidate names arranged by lot, one under the other, and a square to the left of each name (reg 11(1)-(4)). Voting may be by postal voting or electronic voting (reg 12). Postal voting requires returned envelopes with a declaration; electronic voting requires safeguards against double voting and protection of voter anonymity (reg 12(1)-(3)).

• Method of voting and formality: The regulations prescribe preferential numbering methods for single-seat and multi-seat elections (reg 13(1)). A tick or cross counts as a first preference (reg 13(2)). Non‑consecutive numbering or repetition has specific rules for partial formality (reg 13(3)-(4)).

• Counting method: Counting is to follow Schedule 1, described as based on principles of proportional representation (reg 16; Schedule 1 cl 2). Schedule 1 sets the quota formula (total first preferences divided by one more than vacancies, discard remainder and add one), transfer value calculation for surpluses, order of exclusions and transfers, treatment of exhausted papers, tie-breaking processes via earlier counts or drawing lots, and an exceptional rule for small totals (if first preference total does not exceed 150, ballot numbers are multiplied by 100) (Schedule 1 cl 2(a)-(s)).

• Administrative finalisation and publication: The returning officer makes provisional declarations during the count and a formal declaration when all vacancies are provisionally filled (reg 18(1)). The returning officer must notify the Minister and publish the results on the Board‑determined website within 7 days (reg 18(2)).

• Computer counting: The returning officer may use a computer program for recording, scrutiny or counting if reasonably satisfied that proper use of the program would produce the same result as non‑computer methods; use of a program permits modification of the Schedule 1 method according to the returning officer’s determination (reg 19).

These concepts set a largely self-contained administrative electoral regime governed by the returning officer, the Registrar and the Board.

Primary actors given rights or duties by the regulations are:

• Registered architects who are voters. The voters roll is prepared by the Registrar and entitlements are fixed as they exist at a specific cut-off (5 pm on the third business day after the advertisement) (reg 8(1)-(2)). Every person who is a registered architect at the time the roll is prepared is entitled to vote, as the regulation’s note identifies (reg 8 note; see Act s 6(2) cited in the note).

• Candidates (registered architects). Candidates must be nominated on a specified form, by two voters, by 12 noon on nomination closing day (reg 9(1)-(4)). Candidates must supply a profile limited to 200 words and other information required by the returning officer (reg 9(5)-(6)). Candidates face nomination rejection where the returning officer considers names obscene, frivolous or assumed for ulterior purposes (reg 9(7)).

• Nominators. Two persons entitled to vote must nominate each candidate (reg 9(3)). This creates a gatekeeping role for current voters.

• The Board. The Board retains several responsibilities: it may appoint the returning officer with Ministerial approval (reg 4(1)), determines the website on which election notices are published (reg 7(1) and reg 10(2)), and is responsible for the costs and expenses incurred by the returning officer in conducting the election (reg 5(2)). The Board therefore pays and chooses the notification channel.

• The Registrar. The Registrar prepares and certifies the voters roll and supplies certified copies (reg 8(1), (3)-(4)). The timing of roll preparation fixes the electorate (reg 8(2)).

• Returning officer and Electoral Commissioner. The returning officer conducts the election in accordance with the regulations, makes supplementary rules where required (reg 5(1)), fixes nomination and polling days (reg 6), issues voting materials (reg 12), decides on validity and informal votes (reg 9(9), reg 15), conducts the count (reg 16; Schedule 1), and declares results (reg 18). If the Board does not appoint a returning officer, the Electoral Commissioner under the Electoral Act 1985 is the returning officer by default (reg 4(2)-(3)).

• Scrutineers and Board officers. Each candidate may appoint one scrutineer (reg 14(1), (3)). Candidates cannot act as scrutineers and cannot be present during scrutiny (reg 14(2)).

Secondary impacts flow to service providers and voters’ communications. The regulations authorise postal and electronic voting modalities (reg 12). Where postal voting is used, the returning officer must issue pre-paid return envelopes and declarations (reg 12(2)). Where electronic voting is used, the returning officer must be satisfied the system prevents double voting and preserves anonymity during counting (reg 12(3)(a)). These requirements affect any contractor selected to provide electronic voting platforms or postal distribution.

The Board bears direct financial exposure for election costs (reg 5(2)). Candidates bear the administrative burden of meeting nomination form and profile rules and obtaining nominators.

The regulations also affect the Registrar’s operational calendar because roll entitlements are fixed to the third business day after the advertisement (reg 8(2)), which creates a narrow window to ensure registrations are up to date for the election.

The instrument creates discrete duties and rights across actors. Major points, with statutory sources, follow.

Duties and powers of the returning officer

• Conduct the election in accordance with the regulations (reg 5(1)(a)) and make rules for matters not covered that are, in the officer’s opinion, necessary for proper conduct (reg 5(1)(b)). This gives the returning officer both a duty to follow the regulations and latitude to fill procedural gaps.
• Fix nomination closing day and polling day (reg 6).
• Prepare ballot papers, determine the lot order of names (reg 11(1)-(3)), issue voting materials at least 14 days before polling day (reg 12(1)), and receive and examine returns (reg 15).
• Examine declarations on envelopes and determine which votes proceed to scrutiny (reg 15(2)(a)); maintain voter anonymity during scrutiny (reg 15(2)(b)); reject informal ballot papers and arrange for counting (reg 15(2)(c)-(d)).
• Make preliminary (provisional) and formal declarations of election outcomes (reg 18(1)-(2) and Schedule 1 provisions).
• Use a computer program for recording, scrutiny or counting only where reasonably satisfied it would produce the same result as non‑computer use (reg 19(1)-(2)).

Duties and rights of the Board

• May appoint returning officer with Ministerial approval (reg 4(1)).
• Is responsible for the costs and expenses of the returning officer (reg 5(2)).
• Determines the website(s) used for advertisement and result publication (reg 7(1), reg 10(2), reg 18(2)(b)).

Duties and rights of the Registrar

• Prepare and certify the voters roll for the election (reg 8(1), (3)).
• Ensure the voters roll reflects entitlements as at 5 pm on the third business day after advertisement (reg 8(2)).
• Supply sufficient copies of the certified roll to the returning officer, in electronic form or as otherwise agreed (reg 8(3)-(4)).

Duties and rights of candidates and nominators

• A candidate must be a registered architect and be nominated by lodgement of a form by 12 noon on nomination closing day (reg 9(1)-(2)).
• Each nomination requires two nominators who are entitled to vote (reg 9(3)).
• Candidate must declare eligibility and give consent on the nomination form (reg 9(4)).
• Provide a candidate profile that meets formatting, content and length limits (200 words) and sign and date the profile (reg 9(5)-(6)).
• Candidates may withdraw their nomination any time before close of nominations by written signed notice to the returning officer (reg 9(10)).
• Candidates may appoint one scrutineer each, but candidates cannot be scrutineers and may not be present at scrutiny (reg 14(1)-(3)).

Duties and rights of voters

• Voters are persons on the certified voters roll; ballot papers must be issued at least 14 days before polling day (reg 8(1), reg 12(1)).
• Voting methods and formal vote requirements are set: preferential numbering for single and multiple vacancies, ticks and crosses equivalent to number 1, and rules for non‑consecutive numbering and clear intention tests (reg 13(1)-(4)).
• Postal voters must complete a declaration on an envelope extension and return the sealed envelope by close of voting (reg 12(2)). Electronic voters must submit the ballot and declaration in accordance with returning officer instructions; the returning officer must be satisfied about safeguards (reg 12(3)).

Duties and powers concerning ballot papers and counting

• Ballot papers must show candidate names in lot order, squares to left of names (reg 11(1)-(4)).
• The returning officer must follow the counting method in Schedule 1, subject to reg 19 if computer counting is used (reg 16, Schedule 1; reg 19).
• Specifics for counting include quota calculation, transfer value formulae, order of exclusions and transfers, handling of exhausted papers, and tie‑breaking by prior counts or drawing lots (Schedule 1 cl 2).

Rights to information and publication

• The returning officer must publish advertisements and notices on a Board‑determined website (reg 7(1), reg 10(2), reg 15(1)-(2), reg 18(2)(b)).
• Within 7 days of a formal declaration, the returning officer must notify the Minister in writing and publish the result on the Board’s website (reg 18(2)).

Limitations and discretionary rights

• Returning officer discretion to reject names for being obscene, frivolous or assumed (reg 9(7)).
• Returning officer authority to determine nomination validity summarily (reg 9(9)).
• Returning officer discretion to issue fresh voting papers where originals were not received, lost or spoiled (reg 12(4)) and to cancel the original voting papers when fresh ones are issued (reg 12(5)).

The regulations do not create offences or monetary penalties. Enforcement occurs through administrative processes and the exercise of the returning officer’s duties and powers provided above.

The regulations contain no express criminal offences, fines or penalty units. There is no provision in the text creating a contravention subject to a statutory penalty. Enforcement and compliance are therefore administrative and procedural; the regulatory text establishes mechanisms by which votes are accepted, rejected or otherwise dealt with and by which nominations are validated or rejected.

Administrative enforcement mechanisms provided in the regulations include:

• Rejection of nominations: The returning officer may reject a nomination where the candidate’s nominated name is considered obscene, frivolous or assumed for an ulterior purpose (reg 9(7)). A nomination is invalid if it is not on the prescribed form, is not completed in accordance with the form’s instructions or the regulation’s requirements, or is not received by 12 noon on nomination closing day (reg 9(8)).

• Summary determinations: Disputes as to the validity of a nomination are to be determined summarily by the returning officer (reg 9(9)). The returning officer therefore has a direct and immediate enforcement function in relation to nomination validity.

• Rejection of informal ballot papers: The returning officer examines ballot papers and rejects informal ballot papers during the scrutiny stage (reg 15(2)(c)). The method of identifying informal votes and counting valid votes is set out in reg 13 and Schedule 1.

• Cancellation of original voting papers: Where fresh voting papers are issued under reg 12(4), the issue of fresh voting papers automatically cancels the original papers (reg 12(5)).

• Lot‑draw tie-breakers and exclusions: Several tie‑resolution mechanisms (drawing of lots) are prescribed in Schedule 1 for equal votes or equal surpluses (Schedule 1 cl 2(k), (o), (q), (m)). These procedures function as deterministic enforcement steps for impasses.

• Anonymity protections and declaration examination: The returning officer must take steps to ensure declarations and any identifying features are not visible during scrutiny (reg 15(2)(b)), and must examine declarations to determine which votes are acceptable for further scrutiny (reg 15(2)(a)). If the requirements are not satisfied, the returning officer has the administrative power to reject or otherwise not accept a return.

Where the regulations are silent about sanctions, the practical enforcement consequence of non‑compliance is exclusion from participation: a late or defective nomination is invalid and the person cannot stand; a late or non‑returned ballot will not be counted; failure to comply with declaration conditions will result in the vote not proceeding to scrutiny.

The regulations do not specify an internal appeal procedure against the returning officer’s administrative determinations (for example, rejection of nomination, cancellation of ballot papers or the acceptance/rejection of votes). The returning officer’s determinations are therefore the primary immediate mechanism for dispute resolution within the electoral process (reg 9(9), reg 15). The regulations also permit the returning officer to determine rules for matters not covered (reg 5(1)(b)), which centralises procedural enforcement discretion.

Because there are no penalties in these regulations, statutory enforcement would be limited to the administrative remedies and routes available under general law (not detailed in the instrument). The regulations do not specify requiring retention of records, audit trails for computer counting beyond the reasonable-satisfaction test in reg 19, or mandatory independent verification steps beyond scrutineers being permitted to observe.

The regulations are expressly subordinate to, and operate under, the Architectural Practice Act 2009 (the Act). The regulations repeatedly refer to the Act (reg 3(1)) and to specific provisions of the Act. For example, reg 5 ties the elections to section 5(1)(a) of the Act, making these regulations the instrument governing elections held for that statutory purpose (reg 5(1)). The note to reg 8 invokes section 6(2) of the Act to confirm that registered architects at the time the roll is prepared are entitled to vote (reg 8 note).

The regulations also interact with the Electoral Act 1985 insofar as they make the Electoral Commissioner the default returning officer where the Board does not appoint one (reg 4(2)-(3)). The definition of Electoral Commissioner for that purpose is the person holding or acting in that office under the Electoral Act 1985 (reg 4(3)).

Administrative and procedural interactions

• Returning officer role: The regulations provide that the Board may appoint the returning officer with Ministerial approval (reg 4(1)); if not, the returning officer will be the Electoral Commissioner. This cross-reference injects the institutional capacity of the Electoral Act 1985 administrative apparatus into Board elections where the Board does not appoint an alternative returning officer.

• Publication and notification: The regulations require publication of the advertisement and notices on a Board‑determined website (reg 7(1), reg 10(2), reg 18(2)(b)). Those requirements interact with information‑release and record‑keeping obligations that may exist under other legislation or government policy but the regulations do not themselves prescribe retention or freedom of information procedures.

• Roll preparation: The Registrar is responsible for preparing the voters roll (reg 8(1)) in accordance with the Act’s registration framework. The timing rule fixes entitlement to vote relative to the advertisement timeline (reg 8(2)). This interacts with the registration and renewal processes under the Act.

• Electoral processes and broader electoral law: The regulations adopt proportional representation principles for counting (reg 16; Schedule 1), reference lot‑based ordering and tie resolution and allow the Electoral Commissioner to act as returning officer, which aligns these internal Board elections with common public election practices. Where the Electoral Commissioner acts, additional statutory powers and obligations under the Electoral Act 1985 may be engaged, though the regulations do not import those powers directly beyond the appointment mechanism.

• Technology and information security: The regulations permit electronic voting (reg 12(3)) and computer counting (reg 19), but require the returning officer to be reasonably satisfied that electronic voting prevents double voting and preserves anonymity, and that computer programs would produce the same result as manual counting (reg 12(3)(a) and reg 19(2)). These clauses interact with any statutory or policy requirements governing the procurement and use of ICT systems in government or regulated environments, but those interactions are not specified in the regulations.

Limits of interaction specified in the text

• The regulations do not themselves create criminal sanctions or civil remedies beyond the administrative procedures for validating nominations and counting votes. They therefore operate primarily as internal administrative rules for Board elections under the Act rather than as enforcement instruments with cross‑statute penalty effects.

• There is no specific incorporation of other electoral law counts, challenges or dispute resolution mechanisms (for example, tribunal review or statutory election petition procedures) within the text. Any such interactions would depend on the broader statutory framework under the Act or general administrative law (not elaborated in these regulations).

In short, the regulations operate as a procedural sub‑regime under the Act and link to the Electoral Act 1985 only by making the Electoral Commissioner the default returning officer. The instruments require the Registrar and Board to discharge functions that tie back into the registration and governance architecture of the Act, and they place operational constraints on the use of electronic means and computer counting through the returning officer’s reasonableness tests.

The regulations contain an explicit repeal provision and a legislative history block. The principal points from the instrument are:

• Repeal: Schedule 2 repeals the Architectural Practice (Election) Regulations 2010 (Schedule 2). The 2025 regulations therefore supplant the 2010 regulations with the 2025 text’s procedures, timing and counting method.

• Commencement and gazettal: The regulations were made and commenced on 31 July 2025 (see Principal regulations table and reg 2). Reg 2 states that the regulations come into operation on the day on which they are made. The legislative history block confirms the Gazette reference as Gazette 31.7.2025 p2835, principal regulations Year 2025 No 65, with commencement on 31.7.2025 (reg 2).

• No other amending instruments or historical versions appear in the text supplied. The legislative history section is limited to the principal regulations entry for 2025 No 65 and the single repeal of the 2010 regulations. There is no listing of earlier amendments to the 2025 regulations because these are the principal regulations.

• The regulations do not include transitional provisions beyond the repeal of the 2010 instrument. There is no text in the instrument about how ongoing or in-progress elections under the 2010 regulations (if any) are to be handled. The immediate repeal indicates the 2025 regulations govern elections after commencement.

Practical implications of the amendment and repeal

• Any election procedures, forms, counting practices, timelines or other procedural mechanisms prescribed under the 2010 regulations should now be followed only insofar as reproduced in the 2025 regulations; the 2010 instrument is no longer in force (Schedule 2).

• The Board, Registrar, returning officer (or Electoral Commissioner) and vendors involved in supporting elections need to confirm that their operational practices align with the 2025 rules. Particular attention should be paid to differences in counting method mechanics, electronic voting and computer counting tests, and roll‑cutoff timing (reg 8(2)), as these are common areas for operational divergence.

• Because the regulations took effect on the day they were made (reg 2), any election events scheduled after 31 July 2025 must conform to the 2025 rules. The regulations do not provide a transitional timetable for replacing forms, templates or IT systems; those implementation details fall to the returning officer and the Board.

The instrument does not include any litigation history or citations to cases. There are no cases named in the regulations, and the text contains no references to judicial decisions. The only statutory cross‑references are to the Architectural Practice Act 2009 and the Electoral Act 1985 (the latter only for the Electoral Commissioner definition in reg 4(3)). Accordingly, the regulations as supplied have no inbuilt litigation narrative.

Potential dispute hotspots identified in the text While the regulations contain no litigation record, they embed several procedural points where disputes could arise and where the regulations specify administrative resolution mechanisms:

• Nomination validity determinations: Disputes as to the validity of a nomination are to be determined summarily by the returning officer (reg 9(9)). That confers initial, immediate fact‑finding authority on the returning officer. Because the regulations do not specify an appeal route within the electoral regime, potential disputes might later generate external judicial review or statutory review avenues available under general law, although such routes are not mentioned in the instrument.

• Rejection of nominations for name grounds: The returning officer may reject names considered obscene, frivolous or apparently assumed for an ulterior purpose (reg 9(7)). Such subjective determinations can generate disagreement about the appropriate exercise of discretion and could be the subject of challenge.

• Examination and acceptance of declarations: The returning officer examines declarations on envelopes or electronic votes and determines which votes are to be accepted for further scrutiny (reg 15(2)(a)). Challenges can arise where a voter claims their properly completed envelope or electronic submission was rejected.

• Computer counting and program modification: The returning officer may use a computer program for counting only if reasonably satisfied it produces the same result as non‑computer methods (reg 19(1)-(2)); if computer counting is used, the method in Schedule 1 may be modified according to the returning officer’s determination (reg 19(3)). Disputes could arise over whether the program produced the same result, whether the modifications were faithful to Schedule 1 and whether adequate evidence of equivalence exists.

• Tie-breaking and lot draws: Schedule 1 prescribes lot draws to resolve several types of equality in votes or surpluses (Schedule 1 cl 2(k), (o), (q), (m)). Because lot-draws are final and effectively random, outcomes decided by lots can produce contestation.

Absent cases in the regulation text, readers should note that the instrument emphasises administrative determinative powers with limited built‑in appeal mechanics. If disputes progress beyond the returning officer’s summary determinations, they would proceed through the general legal remedies available outside the instrument, although those pathways are not set out in the regulations.

The regulations contain several specific procedural rules and traps where failure to follow the text will disqualify participation or produce non‑counting outcomes. These items are matters of operational detail that frequently catch candidates, voters, and administrators.

Roll cut-off and voter entitlement

• The voters roll reflects entitlements as they exist at 5 pm on the third business day after the advertisement is published (reg 8(2)). If a person becomes a registered architect after that cut‑off, they are not on the roll for that election, regardless of later registration activity. Administrators must therefore ensure registration updates are processed before that cut‑off to avoid disenfranchisement.

Timings and close of voting

• Nomination deadline and polling close are rigid. Nomination lodgement must be by 12 noon on nomination closing day (reg 9(2)); voting closes at 12 noon on polling day (reg 3(2)). Postal envelopes lodged after the close will not be counted (reg 12(2)(c)(v)). Parties must allow postal transit time and account for time zone or delivery issues.

Nomination formalities and nominators

• Each nomination requires two nominators who are on the voters roll (reg 9(3)). A deficiency in nominators or in the nomination form will render the nomination invalid (reg 9(8)). The returning officer may determine nomination validity summarily (reg 9(9)), and there is no internal appeal mechanism in the regulations.

Profile content limits

• Candidate profiles are strictly limited to 200 words and must be limited to relevant professional information and other information directly relevant to the Board’s functions (reg 9(6)(a)-(c)). Profiles must also be typed or in legible handwriting and signed and dated by the candidate (reg 9(6)(b),(d)). Exceeding the word limit or including non‑relevant material may expose the profile to exclusion or rejection as “other information required” by the returning officer.

Name rejection grounds

• The returning officer may reject a nomination if the candidate’s name is obscene, frivolous or appears assumed for an ulterior purpose (reg 9(7)). This is a subjective test; candidates who use unusual or politically expressive names risk rejection.

Ballot paper ordering and numbering rules

• Candidate names will appear on the ballot paper in lot order with a square to the left of each name (reg 11(3)-(4)). Candidates and campaigners cannot rely on fixed alphabetical order. Ballot design details are otherwise at the returning officer’s discretion (reg 11(5)). Voters must understand the prescribed numbering method: single-seat contests require at least a number 1, multi‑seat contests require consecutive numbers beginning with 1 up to the number of vacancies, but voters may continue numbering beyond that (reg 13(1)).

Partial formal votes and unclear numbering

• A tick or cross counts as a number 1 (reg 13(2)). Non‑consecutive numbering or repetition will not automatically render a ballot informal if the voter’s intention is clear, subject to the partial-validity rules in reg 13(3)-(4). However, the rules for when a series becomes non‑consecutive are technical; informal determinations are a possible source of disputed exclusions.

Postal voting envelope declaration requirements

• Postal voting requires a declaration on a tear‑off extension to the envelope flap and a pre‑paid envelope addressed to the returning officer (reg 12(2)(a)-(b)). The declaration must state the ballot paper contains the voter’s vote and that they have not already voted; incorrect completion may lead to rejection. Returning officer discretion to issue fresh papers (reg 12(4)) cancels originals (reg 12(5)): issuing replacement papers is effectively a one‑time override and automatically invalidates the originals.

Electronic voting safeguards and anonymity

• If electronic voting is used, the returning officer must be satisfied that the system prevents multiple voting and preserves anonymity during counting (reg 12(3)(a)). The regulations require this satisfaction but do not prescribe specific technical standards or external audit requirements. Parties relying on an electronic provider should obtain evidence sufficient to satisfy the returning officer’s reasonableness test and to support transparency to scrutineers.

Computer counting equivalence requirement

• The returning officer may use a computer program for recording, scrutiny or counting only if satisfied that the program would produce the same result as non‑computer methods (reg 19(1)-(2)). If computer counting is used, the returning officer may modify the Schedule 1 method “according to the determination of the returning officer” (reg 19(3)). This permits efficiency gains but creates a need for documentation showing equivalence; the regulations do not prescribe verification or independent audit steps.

Quota and small‑ballot numeric rule

• Schedule 1 sets a Droop‑style quota formula (divide total first preferences by one more than number of vacancies, discard remainder and add one) (Schedule 1 cl 2(a)(i)-(ii)). There is an unusual arithmetical rule: if total first preference votes do not exceed 150, the number of votes of a particular kind contained in the ballot papers will be taken to be the number obtained by multiplying the number by 100 (Schedule 1 cl 2(b)). This scaling changes the arithmetic used in the count and must be applied carefully by counters or any counting program to replicate the intended calculation steps.

Tie resolution by lot

• Several tie scenarios are resolved by lot if prior counts are equal (Schedule 1 cl 2(k), (o), (q), (m)). Parties should be aware that a tie will ultimately produce a random determinative step, and scrutineers may be present for the lot draw (Schedule 1 cl 2(m)).

Death of candidate

• If a candidate dies between close of nominations and polling day, votes for the deceased are transferred to the next preference per the voter’s ballot and subsequent numbers are altered accordingly; the election does not fail because of the death (reg 17). Campaigns must consider communications and notification strategies in such an event.

Publication and Board responsibility for cost

• The Board is responsible for the costs and expenses of the returning officer (reg 5(2)). That creates a direct budgetary obligation on the Board and may influence choices about appointing the Electoral Commissioner or outsourcing services.

No penalty provisions

• There are no penalty provisions in these regulations. Non‑compliance produces administrative exclusion rather than fixed penalties.

These practical traps mean administrators must follow the regulations’ timelines and form requirements exactly, and that candidates and voters should ensure nominators, form completion, and postal or electronic submission meet the specified formalities.

This section sets out practical compliance steps tied to specific regulatory provisions for the Board, Registrar, returning officer, candidates, voters and service providers. Follow these steps to align procedures with the regulations’ mandatory requirements.

For the Board

• Appoint a returning officer with Ministerial approval where appropriate, or confirm that the Electoral Commissioner will act as returning officer (reg 4(1)-(3)).
• Designate and publish the website to be used for election advertisements and result notices (reg 7(1), reg 10(2), reg 18(2)(b)). Ensure the website is accessible and that notices meet the content requirements (reg 7(2), reg 10(3)).
• Budget for election costs because the Board is responsible for costs and expenses incurred by the returning officer (reg 5(2)).
• Coordinate with the Registrar and the returning officer to confirm timelines and operational responsibilities.

For the Registrar

• Prepare the voters roll and certify sufficient copies for the returning officer (reg 8(1), (3)). Confirm whether certified copies will be provided electronically or in physical form (reg 8(4)).
• Note the roll cut‑off: entitlements must reflect the position as at 5 pm on the third business day after the advertisement is published (reg 8(2)). Ensure administrative processes capture registrations and cancellations before that cut‑off.
• Maintain an auditable link between the roll and the Act’s registration database, to provide certified evidence of entitlement if needed.

For the returning officer

• Fix nomination closing day and polling day as soon as practicable (reg 6).
• Publish an advertisement at least 14 days before nomination closing day on the Board‑designated website; the ad must invite nominations, state the number of vacancies, describe nomination procedures and list nomination closing day and polling day (reg 7(1)-(2)).
• Prepare the nomination form and candidate profile template in a clear form and make it readily available (reg 9(1), reg 9(5)-(6)).
• Ensure nomination forms require: candidate declaration of eligibility; candidate consent; two nominators who are voters; candidate profile not exceeding 200 words, typed or legible, signed and dated (reg 9(2)-(6)).
• Provide clear guidance to nominators about verifying their own voter entitlement to avoid invalid nominations (reg 9(3), reg 9(8)).
• Prepare the ballot paper promptly after nominations close; order names by lot and include a square to the left of each name (reg 11(1)-(4)). Make the lot procedure transparent (e.g. scrutineer presence) because the order is determined by lot (reg 11(3)).
• Issue voting materials at least 14 days before polling day to every voter on the certified roll, by post or electronic means (reg 12(1)). The voting pack must include an authenticated ballot paper, completion instructions, return instructions, candidate profiles and the appropriate declaration (reg 12(1)(a)-(d)).
• For postal voting: provide a pre‑paid envelope and a declaration on a tear‑off flap that the voter must sign; instruct voters on the sequence of marking the ballot, folding, sealing and returning by post or personally before the close of voting (reg 12(2)(a)-(c)).
• For electronic voting: ensure the chosen system contains safeguards against double voting and preserves anonymity during counting (reg 12(3)(a)); issue clear instructions on how to mark and return the ballot and declaration (reg 12(3)(b)).
• Maintain procedures for issuing fresh voting papers before the close of voting where originals were not received, lost or spoiled (reg 12(4)-(5)). Implement a firm record trail so issuance of fresh papers automatically cancels originals.
• Publish notices of uncontested elections within seven days of declaration, listing the name(s) and date of declaration (reg 10(2)-(3)).
• Establish counting arrangements under reg 15 and apply Schedule 1 method for proportional representation counts (reg 15(1)-(2), reg 16; Schedule 1 cl 2). If considering computer counting, ensure independent verification that any program will produce the same results as non‑computer counting and document that reasonable‑satisfaction test (reg 19(1)-(2)). If using computer counting, document any modifications of Schedule 1 made pursuant to reg 19(3).
• Keep scrutineers informed about when and how they may observe the scrutiny and counting (reg 14(1)-(4), reg 15(1)). Limit scrutineers to one per candidate and ensure candidates are not present in scrutiny (reg 14(1)-(3)).
• Ensure anonymity during scrutiny by, for example, tearing off declaration extensions and rearranging envelopes as required (reg 15(2)(b)). Maintain a clear chain of custody for ballot materials and a record of counts, transfers and provisional declarations.

For candidates

• Be a registered architect and ensure nomination is lodged on the returning officer’s form by 12 noon on the nomination closing day (reg 9(1)-(2)).
• Secure two nominators who are on the certified voters roll (reg 9(3)). Confirm nominators’ enrolment before signing the nomination.
• Complete the candidate profile in typed or legible handwriting; limit to 200 words and confine content to relevant professional information or matters directly relevant to the Board’s functions (reg 9(5)-(6)). Sign and date the profile (reg 9(6)(d)).
• Avoid using names that could be rejected by the returning officer for being obscene, frivolous or assumed for an ulterior purpose (reg 9(7)).
• If you wish to appoint a scrutineer, provide the written notice in the manner determined by the returning officer and ensure your scrutineer is not you and is limited to one person (reg 14(1), (3)-(4)).
• If circumstances change before the close of nominations, withdraw by written signed notice to the returning officer (reg 9(10)).

For voters

• Check the certified voters roll timing against your registration date; entitlement is fixed at 5 pm on the third business day after the advertisement (reg 8(2)).
• Expect to receive voting materials at least 14 days before polling day (reg 12(1)). If not received, contact the returning officer promptly and request fresh voting papers before close of voting (reg 12(4)).
• Complete postal declarations on the tear‑off flap and return the sealed envelope by post or personally so it arrives before 12 noon on polling day (reg 12(2)(a)-(c); reg 3(2)). For electronic voting, follow the returning officer’s instructions carefully (reg 12(3)(b)).
• Mark ballot papers in accordance with reg 13; understand partial validity rules and that a tick or cross counts as a first preference (reg 13(1)-(4)).

For service providers (postal or electronic voting)

• For postal services: ensure pre‑paid envelopes meet the returning officer’s addressing requirements and that return logistics allow envelopes to be received by the returning officer before the close (reg 12(2)(b)-(c)).
• For electronic voting providers: be prepared to demonstrate to the returning officer that the platform prevents double voting and preserves anonymity during counting (reg 12(3)(a)). Provide documentation and testing evidence to support a reasonable‑satisfaction finding.

Record-keeping and transparency

• The regulations do not prescribe retention periods or external audit requirements, but administrators should retain: certified copies of the voters roll, copies of nominations and profiles, logs of issued and cancelled voting papers, chain of custody records for ballot papers, and full counting logs (including provisional declarations and transfer calculations). These records will be essential if the returning officer’s determinations are challenged outside the electoral regime.

In summary, compliance requires strict adherence to timelines, form requirements for nominations and ballots, transparent lot procedures for ordering and tie‑breaks, rigorous control of postal and electronic voting processes, and careful application of the Schedule 1 counting methodology or documented equivalence if a computer program is used.