City of Melbourne (Electoral) Regulations 2022 (Victoria)

These Regulations set out procedural and documentary rules for City of Melbourne elections conducted under the City of Melbourne Act 2001, applying the Local Government (Electoral) Regulations 2020 with tailored modifications (reg 1(a), (b); reg 2). They commenced on 7 May 2022 (reg 3) and revoke a series of earlier City of Melbourne electoral instruments (reg 4). The text prescribes who may be enrolled as an owner, occupier or corporate appointee for local voting rights and the information each enrolment application must contain (regs 7-14). It creates and governs a silent voter regime and a confidential silent voter list, specifies what the voters' roll must show and must not show, and requires the inclusion of the date of election on each roll (regs 15-18).

For candidates, the Regulations create particular rules for pairs of candidates for Lord Mayor and Deputy Lord Mayor, including joint nomination form content, signatures, declarations, fee treatment, name format, and a special mechanism for a group name to appear on the ballot (regs 19, 21, 24). They also set out pandemic adaptations allowing electronic lodgement of nominations and fees where the VEC determines it is necessary, and allow certain candidate declarations to be signed outside the election manager's presence when a pandemic order prevents attendance (reg 20).

The Regulations regulate candidate material that is included in postal ballot envelopes and published online or in print. They define candidate information, place word limits on joint, group and individual statements, require photographic and declaration formalities, and empower the election manager to reject or require amendment of statements that are offensive, misleading, unlawfully endorse others without consent, or otherwise noncompliant (regs 25-37). They provide format and numbering rules for the Lord Mayor and Deputy Lord Mayor ballot-paper and state how such ballot‑papers are to be marked and when they may be accepted or rejected (regs 39-40). The election manager is required to publish accepted candidate information on a site that is not the Council website and to display a prescribed disclaimer (regs 36, 38).

Version No. 002

City of Melbourne (Electoral) Regulations 2022

S.R. No. 24/2022

Version incorporating amendments as at
26 June 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provisions 1

3 Commencement 1

4 Revocations 1

5 Definitions 2

6 Application 4

Part 2—Voters' rolls 5

Division 1—Enrolment of voters 5

7 Interpretation 5

8 Enrolment application by property owner 5

9 Enrolment application by property occupier 6

10 Application by person appointed by corporation 7

11 Request to vary owner enrolment 8

12 Request to vary occupier enrolment 9

13 Resignation of corporation appointment 9

14 Revocation of corporation appointment 10

Division 2—Silent voters 10

15 Silent voter request 10

16 Silent voter list 10

17 Silent voter's details to be kept secure 11

Division 3—Form of voters' rolls 11

18 Voters' roll 11

Part 3—Candidates 13

Division 1—Candidates—Lord Mayor and Deputy Lord Mayor 13

19 Joint nominations for the offices of Lord Mayor and Deputy Lord Mayor 13

20 Candidate nomination—pandemic arrangements 15

21 Notice of withdrawal of candidature 16

22 Retirement of candidate—Lord Mayor and Deputy Lord Mayor 17

23 Death of candidate—Lord Mayor and Deputy Lord Mayor 17

24 Group name of Lord Mayor and Deputy Lord Mayor 18

Division 2—Candidate information 19

25 Interpretation 19

26 Candidate information 19

27 Joint statement—Lord Mayor and Deputy Lord Mayor 19

28 Candidate statement—ungrouped candidates 21

29 Group statement 22

30 Group voting tickets 24

31 Joint request for grouping of candidates 24

32 Reference to other candidates 25

33 Rejection and amendment of statements 25

34 Indication of preferences—Lord Mayor and Deputy Lord Mayor 27

35 Indication of preferences—ungrouped candidates 28

36 Candidate information on the Internet 30

37 Publication of candidate information 30

38 Disclaimer on statements 31

Part 4—General election matters 32

39 Form of ballot-paper—Lord Mayor and Deputy Lord Mayor 32

40 Marking of ballot-paper—Lord Mayor and Deputy Lord Mayor 32

Schedule 34

═════════════

Endnotes 35

1 General information 35

2 Table of Amendments 37

3 Explanatory details 38

Version No. 002

City of Melbourne (Electoral) Regulations 2022

S.R. No. 24/2022

Version incorporating amendments as at
26 June 2024

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to make provision for elections conducted under the City of Melbourne Act 2001; and

(b) to apply, with modifications, the Local Government (Electoral) Regulations 2020 to elections conducted under the City of Melbourne Act 2001.

2 Authorising provisions

These Regulations are made under sections 325 and 326 of the Local Government Act 2020 and section 29 of the City of Melbourne Act 2001.

3 Commencement

These Regulations come into operation on 7 May 2022.

4 Revocations

The following Regulations, or specified Part of those Regulations, are revoked—

(a) the City of Melbourne (Electoral) Regulations 2012[1];

(b) the City of Melbourne (Electoral) Amendment Regulations 2016[2];

(d) the City of Melbourne (Electoral) Amendment Regulations 2021[4].

5 Definitions

In these Regulations—

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

candidate information means—

(a) in relation to candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor, joint statements, photographs of the candidates and indications of preferences; or

(b) in relation to a candidate for the office of Councillor who is a member of a group and in relation to the ward or municipal district for which the voter is entitled to vote, group statements, photographs of group members and one or more group voting tickets; or

(c) in relation to a candidate for the office of Councillor who is not a member of a group and in relation to the ward or municipal district for which the voter is entitled to vote, candidate statements, photographs of the candidates and indications of preferences;

candidate statement means the statement lodged by a candidate in accordance with regulation 28;

Chief Executive Officer means the person appointed by the Council under section 44 of the Local Government Act 2020 to be its Chief Executive Officer or any person acting in that position;

Council means the Melbourne City Council;

Councillor means a Councillor referred to in section 6(1)(c) of the Act;

election manager means a person appointed as election manager under regulation 21(1) of the Local Government (Electoral) Regulations 2020;

group means 2 or more candidates for Councillor who make a valid request under clause 3 of Schedule 1 to the Act for their names to be grouped on the ballot-paper;

group statement means a statement lodged under regulation 29;

group voting ticket means a group voting ticket registered under Schedule 1 to the Act;

indication of preferences means a document containing an indication of the preferred order of voting of—

(a) a candidate; or

(b) a pair of candidates for the office of Lord Mayor and Deputy Lord Mayor;

joint statement means a statement lodged under regulation 27;

silent voter means—

(a) a voter whose request to be a silent voter has been granted under section 10 of the Act; or

(b) an elector whose address is not shown on the relevant Roll under the Commonwealth Electoral Act 1918 of the Commonwealth; or

the Act means the City of Melbourne Act 2001.

6 Application

If an Order in Council made under section 6B of the Act is in force in relation to an election of Councillors—

(a) the Local Government (Electoral) Regulations 2020 apply to that election; and

(b) these Regulations do not apply to that election.

Part 2—Voters' rolls

Division 1—Enrolment of voters

7 Interpretation

In this Division—

(a) a reference to the corporation details of a corporation means the following—

(i) the corporation's name;

(ii) the ACN of the corporation;

(iii) the registered address of the corporation; and

(b) a reference to the personal details of a person means the following—

(i) the person's full name;

(ii) the person's date of birth;

(iii) the person's residential address;

(iv) the person's postal address.

8 Enrolment application by property owner

For the purposes of section 9(2)(b) of the Act, in the case of an application by an owner of any rateable property in the municipal district who is entitled under section 9B(1) of the Act to apply to be enrolled, the required details are—

(a) the address of the relevant rateable property; and

(b) the personal details of the person making the application; and

(d) a declaration signed and dated by that person that the person—

(i) is an owner of the rateable property for which the owner is applying to be enrolled; and

(ii) would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and

(iii) is a resident of the municipal district.

9 Enrolment application by property occupier

For the purposes of section 9(2)(b) of the Act, in the case of an application by an occupier of any rateable property in the municipal district who is entitled under section 9B(1) of the Act to apply to be enrolled, the required details are—

(a) the address of the relevant rateable property; and

(b) the personal details of the person making the application; and

(d) a declaration signed and dated by that person that the person—

(i) is an occupier of the rateable property for which the occupier is applying to be enrolled; and

(ii) would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and

(iii) is a resident of the municipal district.

10 Application by person appointed by corporation

For the purposes of section 9(2)(b) of the Act, in the case of an application by 2 people appointed to vote on behalf of a corporation or the joint owners or joint occupiers of any rateable property in the municipal district under section 9C(1) of the Act, the required details are—

(a) the address of the relevant rateable property; and

(b) the personal details of each person appointed under section 9C(1) of the Act; and

(d) a declaration signed and dated by each person appointed that—

(i) the person consents to the appointment; and

(ii) the person is not enrolled on the voters' roll in respect of an address in the municipal district; and

(iii) the person is not entitled to be enrolled without application on the voters' roll in respect of an address in the municipal district; and

(iv) the corporation is an owner or joint owner or occupier or joint occupier of the rateable property (as the case may be); and

(v) each person named on the application as an appointee is—

(A) a director or company secretary of the corporation (as the case may be and however styled); and

(B) appointed as a voting representative of the corporation.

11 Request to vary owner enrolment

For the purposes of section 9F(2) and (3) of the Act, in the case of a written request by an owner or 2 owners of a rateable property, the required details are—

(a) the address of the relevant rateable property; and

(b) the names of all owners of the rateable property; and

(d) the personal details of each owner requested to be enrolled on the voters' roll; and

(e) a declaration signed and dated by each owner requesting to be enrolled stating that the owner—

(i) is an owner of the rateable property; and

(ii) is not a resident of the municipal district; and

(iii) would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and

(f) the signed and dated consent of at least one joint owner of the property who is not requesting to be enrolled in relation to the property.

12 Request to vary occupier enrolment

For the purposes of section 9F(2) or (3) of the Act, in the case of a written request made by an occupier or 2 occupiers of a rateable property, the required details are—

(a) the address of the relevant rateable property; and

(b) the names of all occupiers of the rateable property; and

(d) the personal details of each occupier requested to be enrolled on the voters' roll; and

(e) a declaration signed and dated by each occupier requesting to be enrolled stating that the occupier—

(i) is an occupier of the rateable property; and

(ii) is not a resident of the municipal district; and

(iii) would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and

(f) the signed and dated consent of at least one joint occupier of the property who is not requesting to be enrolled in relation to the property.

13 Resignation of corporation appointment

(1) A notice of resignation under section 9G(2)(a)(iii) of the Act must be in writing.

(2) For the purposes of section 9G(2)(a)(iii) of the Act, the required details are—

(a) the personal details of the person resigning their appointment; and

(b) the corporation details of the corporation that the person was appointed to represent; and

14 Revocation of corporation appointment

(1) A notice of revocation under section 9G(2)(b) of the Act must be in writing.

(2) For the purposes of section 9G(2)(b) of the Act, the required details are—

(a) the corporation details of the corporation revoking the appointment; and

(b) the name of the person whose appointment is to be revoked; and

(c) a declaration signed and dated by the person authorised to make the notice of revocation on behalf of the corporation which includes a statement that the appointment of the person referred to in paragraph (b) is revoked.

Division 2—Silent voters

15 Silent voter request

For the purposes of section 10(1) of the Act, the prescribed form is Form 1 in the Schedule.

16 Silent voter list

(1) The Chief Executive Officer must maintain a list of persons whose request to be a silent voter has been granted under section 10 of the Act.

(2) A person may be removed from the list of silent voters after the close of the roll if—

(a) the person is no longer entitled to be enrolled under section 9A(3), 9A(5), 9B or 9C of the Act on the voters' roll; or

(b) the person has requested in writing no longer to be listed as a silent voter.

17 Silent voter's details to be kept secure

(1) The Chief Executive Officer must ensure that only a person authorised by the Chief Executive Officer has access to—

(a) the address of a person whose request to be a silent voter has been granted under section 10 of the Act; or

(b) the information contained in a request made under section 10(1) of the Act.

(2) The VEC must ensure that only a person authorised by the VEC has access to the address of a silent voter described in paragraph (b) or (c) of the definition of silent voter.

Division 3—Form of voters' rolls

18 Voters' roll

(1) For the purposes of section 11D(2) of the Act, the prescribed particulars are—

(a) if the municipal district is divided into wards, the name of the relevant ward in which the person's address is located; and

(b) the surname and other name or names of each voter; and

(i) the address in respect of which the voter is entitled to be enrolled on the roll; and

(ii) if the voter has a different postal address, that postal address.

(2) The voters' roll must not include—

(a) the address of a silent voter; or

(b) the date of birth of a voter.

(3) The voters' roll must include the date of the election for which the roll has been prepared.

Part 3—Candidates

Division 1—Candidates—Lord Mayor and Deputy Lord Mayor

19 Joint nominations for the offices of Lord Mayor and Deputy Lord Mayor

(1) Any 2 candidates that are nominating jointly for the offices of Lord Mayor and Deputy Lord Mayor under section 15 of the Act must—

(a) complete a notice of candidature containing the details required by subregulation (2); and

(b) each sign the notice of candidature; and

(d) subject to regulation 20(3), pay to the VEC the nomination fee of $250 in cash or by cheque drawn on an account of an authorised deposit‑taking institution.

(2) The notice of candidature must be in writing and must contain the following details—

(a) the surname and given names of the candidate seeking election as Lord Mayor;

(b) the surname and given names of the candidate seeking election as Deputy Lord Mayor;

(d) if different from the address referred to in paragraph (c), the candidate's principal place of residence and postal addresses;

(e) how each candidate may be contacted at short notice during business hours and during non‑business hours, which may include—

(i) a telephone number; and

(ii) an email address;

(f) the form in which each candidate's name is to appear on the ballot-paper.

(3) Each candidate must include in the notice of candidature a declaration that is signed and dated by each candidate and that states that the candidate—

(a) is applying to be a candidate for the office of Lord Mayor or Deputy Lord Mayor (as the case may be) at the election and the year of the election; and

(b) is qualified to be a Councillor under the Local Government Act 2020; and

(c) has completed the Local Government Candidate Training in accordance with the Local Government (Electoral) Regulations 2020 and specifies the date on which the candidate completed that training; and

(d) is aware that it is an offence for a person who is not entitled to nominate as a candidate for an election under section 256 of the Local Government Act 2020 to nominate as a candidate for an election.

(4) Subject to regulation 20(1), each candidate must sign the declaration referred to in subregulation (3) in the presence of the election manager.

(5) If a candidate has changed the candidate's name from that which appears on the voters' roll, the candidate must attach evidence of the change of name to the notice of candidature.

(6) Each candidate's name is to appear on the ballot‑paper in the form specified in the notice of candidature under subregulation (2)(f).

(7) For the purposes of subregulation (6), a given name may be specified by—

(a) an initial standing for that name; or

(b) a commonly accepted variation of that name, including an abbreviation or an alternative form of that name; or

(8) A name cannot be specified on a ballot-paper under subregulation (7)(c) unless the candidate produces evidence to the satisfaction of the election manager that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified.

(9) Subject to regulation 24, a title or other designation cannot be included with, or as part of, the name of a candidate on a ballot-paper.

20 Candidate nomination—pandemic arrangements

(1) A declaration under regulation 19(3) may be signed without the presence of the election manager if, in the opinion of the election manager, it is unreasonable to require the candidate to sign the declaration in the election manager's presence because the candidate is unable to attend under a pandemic order made under section 165AI of the Public Health and Wellbeing Act 2008.

(2) If subregulation (1) applies, the election manager may require—

(a) evidence of the candidate's identity, including the full name, address, signature and a photograph of the candidate, to be submitted with the notice of candidature; and

(b) if the notice of candidature is lodged by a person on behalf of the candidate, the written authorisation of the candidate for the person to lodge the notice of candidature on the candidate's behalf.

(3) If subregulation (1) applies, the VEC may determine that a notice of candidature or nomination fee (or both) may be submitted to the election manager by electronic communication, if the VEC reasonably believes it is necessary to address the risks posed by a pandemic for which the pandemic order has been made.

(4) The VEC must not make a determination under subregulation (3) less than 40 days before the election day.

(5) If the VEC makes a determination under subregulation (3), the VEC must publish notice of the determination in the Government Gazette and on the VEC's Internet site.

(6) A notice under subregulation (5) must specify—

(a) if the VEC determined that a notice of candidature may be submitted by electronic communication, the means by which the notice of candidature may be submitted; and

(b) if the VEC determined that the nomination fee may be submitted by electronic communication, the means by which the nomination fee may be submitted.

21 Notice of withdrawal of candidature

(1) Either one of a pair of candidates who have made a joint nomination in accordance with regulation 19 may withdraw the candidature before noon on nomination day.

(2) The notice of withdrawal of candidature must be in writing and must include the following details—

(a) the date of the election;

(b) the full names of the withdrawing candidates.

(3) The notice of withdrawal of candidature must be signed and dated by one of the withdrawing candidates.

(4) The election manager must keep the notice of withdrawal of candidature.

(5) The election manager must retain the nomination fee paid by the pair of candidates who withdraw their candidature under this regulation.

22 Retirement of candidate—Lord Mayor and Deputy Lord Mayor

If a candidate who retires is a joint candidate for the offices of Lord Mayor and Deputy Lord Mayor, the joint nomination of both candidates under regulation 19 becomes void on the date the retirement takes effect under regulation 27(3) or (6) of the Local Government (Electoral) Regulations 2020.

23 Death of candidate—Lord Mayor and Deputy Lord Mayor

If a candidate who dies is a joint candidate for the offices of Lord Mayor and Deputy Lord Mayor, the joint nomination of both candidates under regulation 19 becomes void.

24 Group name of Lord Mayor and Deputy Lord Mayor

(1) A pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor may make a joint request that their names appear on the ballot-paper together with a group name.

(2) The request must—

(a) be in writing and must be signed by the candidates; and

(b) be delivered to the election manager before noon on the second day after nomination day.

(3) A request under this regulation must also specify the group name under which the candidates wish to appear.

(4) A request must be lodged—

(a) at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or

(b) if the election manager has advised candidates that the request is to be received at another place, at that other place; or

(5) Clause 4(2), (3), (4), (5) and (6) of Schedule 1 to the Act apply to a request made under this regulation.

Division 2—Candidate information

25 Interpretation

In this Division, a reference to another candidate includes a reference to a particular candidate, a pair of candidates or a group or a class of candidate by name or description.

26 Candidate information

In addition to the material included under regulation 49(2) of the Local Government (Electoral) Regulations 2020, a postal ballot envelope must contain the candidate information.

27 Joint statement—Lord Mayor and Deputy Lord Mayor

(1) A pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor may lodge with the election manager a joint statement for inclusion in the postal ballot envelope under regulation 49 of the Local Government (Electoral) Regulations 2020.

(2) A joint statement—

Reg. 27(2)(a) amended by S.R. No. 56/2024 reg. 5.

(a) must include a single written statement of no more than 250 words; and

(b) may include a recent passport-size photograph of each candidate or any one of the candidates.

(3) A candidate must—

(a) provide the election manager with 2 identical prints of any photograph lodged with the joint statement and write the candidate's name on the back of one of the prints; or

(b) if the photograph is provided in electronic format, include the candidate's name in the electronic file name.

(4) A joint statement must be accompanied by a declaration signed and dated by both candidates which states—

"We declare that our joint statement is true and correct, that it does not contain any matter that may mislead or deceive a voter in the casting of the voter's vote and that we are aware we may be liable to prosecution if our joint statement contains any matter that may mislead or deceive a voter in the casting of a vote.".

(5) A joint statement must be lodged with the election manager before noon on the fourth day after nomination day.

(6) A joint statement must be lodged—

(a) at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or

(b) if the election manager has advised candidates that joint statements are to be received at another place, at that other place; or

(7) A joint statement may only be lodged by either candidate or by a person authorised in writing by one or both candidates.

(8) If a joint statement is lodged by a person authorised by one or both candidates, the signed and dated authorisation must be lodged together with the joint statement.

28 Candidate statement—ungrouped candidates

(1) A candidate for the office of Councillor who is not a member of a group may lodge with the election manager a candidate statement for inclusion in the postal ballot envelope under regulation 49 of the Local Government (Electoral) Regulations 2020.

(2) A candidate statement—

Reg. 28(2)(a) amended by S.R. No. 56/2024 reg. 6.

(a) must include a written statement of no more than 200 words; and

(b) may include a recent passport-size photograph of the candidate.

(3) A candidate must—

(a) provide the election manager with 2 identical prints of any photograph lodged with the statement and write the candidate's name on the back of one of the prints; or

(b) if the photograph is provided in electronic format, include the candidate's name in the electronic file name.

(4) A candidate statement must be accompanied by a signed and dated declaration by the candidate which states—

"I declare that my candidate statement is true and correct, that it does not contain any matter that may mislead or deceive a voter in the casting of the voter's vote and that I am aware I may be liable to prosecution if my candidate statement contains any matter that may mislead or deceive a voter in the casting of a vote.".

(5) A candidate statement must be lodged with the election manager before noon on the fourth day after nomination day.

(6) A candidate statement must be lodged—

(a) at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or

(b) if the election manager has advised candidates that candidate statements are to be received at another place, at that other place; or

(7) A candidate statement may only be lodged by the candidate or by a person authorised in writing by the candidate.

(8) If a candidate statement is lodged by a person authorised by the candidate, the signed and dated authorisation must be lodged together with the candidate statement.

29 Group statement

(1) A group may lodge with the election manager a group statement for inclusion in the postal ballot envelope under regulation 49 of the Local Government (Electoral) Regulations 2020.

(2) A group statement—

Reg. 29(2)(a) amended by S.R. No. 56/2024 reg. 7.

(a) must include a written statement of no more than 250 words; and

(b) may include a recent passport-size photograph of one or more members of the group or individual recent passport-size photographs of all members of the group.

(3) Each member of the group whose photograph is lodged must—

(a) provide the election manager with 2 identical prints of any photograph lodged with the statement and write the member's name on the back of one of the prints; or

(b) if the photograph is provided in electronic format, include the member's name in the electronic file name.

(4) A group statement must be accompanied by a signed and dated declaration by the person referred to in subregulation (5) which states—

"We declare that our group statement is true and correct, that it does not contain any matter that may mislead or deceive a voter in the casting of the voter's vote and that we are aware we may be liable to prosecution if our group statement contains any matter that may mislead or deceive a voter in the casting of a vote.".

(5) A group statement must be lodged with the election manager before noon on the fourth day after nomination day by a person authorised to sign an application to register a group voting ticket under Schedule 1 to the Act.

(6) A group statement must be lodged—

(a) at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or

(b) if the election manager has advised candidates that group statements are to be received at another place, at that other place; or

30 Group voting tickets

An application to register a group voting ticket under clause 6 of Schedule 1 to the Act must be lodged—

(a) at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or

(b) if the election manager has advised candidates that group voting tickets are to be received at another place, at that other place; or

31 Joint request for grouping of candidates

A joint request made by 2 or more candidates that their names be grouped on a ballot-paper under clause 3 of Schedule 1 to the Act must be lodged—

(a) at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or

(b) if the election manager has advised candidates that the joint request is to be received at another place, at that other place; or

32 Reference to other candidates

(1) A joint statement, candidate statement or group statement must not include the following—

(a) a reference to another candidate standing for an election in the City of Melbourne without the written consent of that other candidate;

(b) unless subregulation (2) applies, a claim of endorsement or support from a party, organisation or person.

(2) A joint statement, candidate statement or group statement may include a claim of endorsement or support from a party, organisation or person if, at the time of lodging the statement under regulation 27, 28 or 29 (as the case may be), a document was lodged containing the written consent of the party, organisation or person to include the claim of endorsement or support on the statement.

(3) The election manager may specify formatting limitations that will apply to the publication of joint statements, candidate statements or group statements and may alter the format of submitted statements to comply with those limitations.

33 Rejection and amendment of statements

(1) The election manager must reject a joint statement, candidate statement or group statement if—

(a) in the opinion of the election manager, the statement contains any of the following—

(i) material that is offensive or obscene;

(ii) material that is likely to mislead or deceive a voter in the casting of the voter's vote;

(iii) a reference to another candidate that has been included without the written consent of that candidate;

(iv) a claim of endorsement or support from a party, organisation or person that has not been supported by the written consent referred to in regulation 32(2);

(v) material that is in contravention of an Act or regulation; or

(b) the declaration required under regulation 27(4), 28(4) or 29(4) (as the case may be) is absent or not in the form set out in that regulation.

Reg. 33(2) amended by S.R. No. 56/2024 reg. 8(1).

(2) If the election manager rejects a joint statement, candidate statement or group statement under subregulation (1), the election manager, no later than noon on the day following the last day for lodgement of the statement under this Division, must give notice to—

(a) in the case of a joint statement, either of the candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor; or

(b) in the case of a candidate statement, the candidate; or

(3) A notice referred to in subregulation (2) must state—

(a) that the statement has been rejected and the reasons for the rejection; and

(b) which section or sections of the statement needs to be amended for the statement to be accepted; and

(c) subject to subregulation (4), that the candidate may amend that section or those sections of the statement and resubmit the statement.

(4) For the purposes of subregulation (3), it is sufficient for the election manager to notify the candidate in accordance with the contact details provided by the candidate in the candidate's nomination form in accordance with regulation 19 or 24(2)(f) of the Local Government (Electoral) Regulations 2020 (as the case requires).

Reg. 33(5) amended by S.R. No. 56/2024 reg. 8(2).

(5) A candidate whose statement is rejected by the election manager may, until noon on the day following the day the election manager is required to give notice under subregulation (2), resubmit the statement to the election manager in accordance with regulation 27(6), 28(6) or 29(6) (as the case requires).

(6) A person who submits a statement may only amend the section or sections of the statement referred to in subregulation (3)(b).

(7) The election manager must keep a record of all amendments made to a joint statement, candidate statement or group statement.

34 Indication of preferences—Lord Mayor and Deputy Lord Mayor

(1) A pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor may lodge with the election manager an indication of preferences for inclusion in the postal ballot envelope under regulation 49 of the Local Government (Electoral) Regulations 2020.

(2) An indication of preferences must be lodged—

(a) with the election manager no later than noon on the fourth day after nomination day; and

(b) by either candidate or by a person authorised in writing by one or both candidates.

(3) An indication of preferences must be lodged—

(a) at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or

(b) if the election manager has advised candidates that joint statements are to be received at another place, at that other place; or

(4) An indication of preferences must—

(a) be in the form of a ballot-paper and identify each pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor and the order in which they appear on the ballot-paper; and

(b) place a number 1, 2, 3, 4 (and so on as the case requires) in the squares opposite the names of all the pairs of candidates so as to indicate the candidates' order of preference for them.

(5) The election manager must reject an indication of preferences that does not comply with this regulation.

35 Indication of preferences—ungrouped candidates

(1) A candidate for the office of Councillor who is not a member of a group or a person authorised in writing by such a candidate may lodge with the election manager an indication of preferences for inclusion in the postal ballot envelope under regulation 49 of the Local Government (Electoral) Regulations 2020.

(2) An indication of preferences must be lodged with the election manager no later than noon on the fourth day after nomination day.

(3) An indication of preferences must be lodged—

(a) at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or

(b) if the election manager has advised candidates that candidate statements are to be received at another place, at that other place; or

(4) An indication of preferences must—

(a) be in the form of a ballot-paper and identify each candidate for the office of Councillor and the order in which they appear on the ballot-paper; and

(b) place a number 1, 2, 3, 4 (and so on as the case requires) in the squares opposite the names of all the candidates so as to indicate the candidate's order of preference for them.

(5) The election manager must reject an indication of preferences that does not comply with this regulation.

36 Candidate information on the Internet

As soon as practicable after a candidate's candidate information is accepted by the election manager, the election manager—

(a) must ensure that it is published in accordance with regulation 37 on an Internet site maintained by or on behalf of the election manager that is not the Internet site of the Council; and

(b) may publish it in printed form in accordance with regulation 37.

37 Publication of candidate information

(1) This regulation applies to the publication of candidate information by the election manager in printed form or on an Internet site.

(2) The election manager must not publish a joint statement, candidate statement or group statement—

(a) that has been rejected under regulation 33; or

(b) that has been resubmitted under regulation 33 but still fails to satisfy the requirements of regulation 33.

(3) In the case of a joint statement or group statement, the election manager must only publish the first 350 words of the joint statement or group statement.

(4) In the case of a candidate statement, the election manager must only publish the first 300 words of the candidate statement.

(5) The election manager must not publish an indication of preferences if the indication of preferences has been rejected by the election manager under regulation 34 or 35.

(6) The election manager must not publish a group voting ticket if it has not been registered under Schedule 1 to the Act.

(7) If a candidate has not lodged the candidate's candidate information, or a group of candidates or pair of candidates standing jointly for Lord Mayor and Deputy Lord Mayor has not lodged their candidate information, or any part of that candidate information that may be published under these Regulations, the election manager must publish a notice stating that the candidate, or group or pair of candidates (as the case may be) has not provided the candidate information.

(8) A notice under subregulation (7) must be published in place of the relevant candidate information of the candidate to whom the notice relates.

(9) Candidate information and any notice under subregulation (7) must be published in the order in which the candidates appear on the ballot-paper and clearly identify the relevant candidate in each case.

38 Disclaimer on statements

The election manager must ensure that on any Internet site or printed form where a joint statement, candidate statement or group statement is published, the following disclaimer is prominently displayed—

"The contents of candidate information are provided by the candidates. Any enquiries about candidate information should be directed to the relevant candidate. Candidate statements are not verified or endorsed by the election manager.".

Part 4—General election matters

39 Form of ballot-paper—Lord Mayor and Deputy Lord Mayor

A ballot-paper for the election of the Lord Mayor and the Deputy Lord Mayor must include the following details—

(a) with respect to each pair of candidates—

(i) the names of the candidates; and

(ii) which candidate is seeking election as Lord Mayor and which candidate is seeking election as Deputy Lord Mayor; and

(iii) if a valid request was made under regulation 24, the group name of the candidates;

(b) a box opposite the names of each pair of candidates;

(c) instructions to the voter on how to mark the voter's ballot-paper, being instructions in the form of words or a statement to the following effect—

"Number the boxes 1 to [2, 3, 4, 5…as the case may be] in the order of your choice. Number every box to make your vote count.".

40 Marking of ballot-paper—Lord Mayor and Deputy Lord Mayor

(1) A voter must mark the voter's vote on the ballot‑paper by placing—

(a) the number 1 opposite the name of the pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor for whom the voter votes as first preference; and

(b) contingent votes for all the remaining pairs of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor by placing the numbers 2, 3, 4 (and so on as the case requires) opposite their names so as to indicate by an unbroken numerical sequence the order of preference.

(2) If there are only 2 pairs of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor, the requirements of subregulation (1) are sufficiently complied with in the case of any ballot-paper marked with the number 1 opposite the name of only one pair of candidates to indicate the voter's first preference.

(3) If there are more than 2 pairs of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor, the requirements of subregulation (1) are sufficiently complied with in the case of any ballot-paper marked with the numbers 1, 2, 3, 4 (and so on as the case requires) opposite the names of all the pairs of candidates on the ballot-paper except one.

(4) Despite subregulation (1) a ballot-paper is not to be rejected by reason only that any or all of the figures have not been placed in the squares.

(5) A ballot-paper can only be rejected if it is not marked in accordance with this regulation.

Schedule

FORM 1

Regulation 15

Silent Voter Request Form

City of Melbourne Act 2001

Section 10

A person must use this form to lodge a request with the Chief Executive Officer that the person's address not be shown on any voters' roll.

General Details
Address of rateable property for which you are enrolled to vote:
Details of person making request:
Surname:
Given names:
Date of birth:
Address for correspondence:
Particulars of the risk to yourself or your family:
I request that my address not be shown on the voters' roll for the Melbourne City Council.Having my residential address shown on a voters' roll would place the personal safety of myself or members of my family at risk for the reasons described on this form and as declared on the statutory declaration accompanying this form.
Signature of voter:
Date:

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The City of Melbourne (Electoral) Regulations 2022, S.R. No. 24/2022 were made on 3 May 2022 by the Governor in Council under sections 325 and 326 of the Local Government Act 2020, No. 9/2020 and section 29 of the City of Melbourne Act 2001, No. 5/2001 and came into operation on 7 May 2022: regulation 3.

The City of Melbourne (Electoral) Regulations 2022 will sunset 10 years after the day of making on 3 May 2032 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the City of Melbourne (Electoral) Regulations 2022 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

City of Melbourne (Electoral) Amendment Regulations 2024, S.R. No. 56/2024

Date of Making:	25.6.24
Date of Commencement:	26.6.24: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

Reg. 4(a): S.R. No. 30/2012 as amended by S.R. Nos 97/2016, 92/2020 and 34/2021. ↑
Reg. 4(b): S.R. No. 97/2016. ↑
Reg. 4(c): S.R. No. 92/2020. ↑
Reg. 4(d): S.R. No. 34/2021. ↑

1 City of Melbourne (Electoral) Regulations 2022

Version No. 002

City of Melbourne (Electoral) Regulations 2022

S.R. No. 24/2022

Version incorporating amendments as at
26 June 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provisions 1

3 Commencement 1

4 Revocations 1

5 Definitions 2

6 Application 4

Part 2—Voters' rolls 5

Division 1—Enrolment of voters 5

7 Interpretation 5

8 Enrolment application by property owner 5

9 Enrolment application by property occupier 6

10 Application by person appointed by corporation 7

11 Request to vary owner enrolment 8

12 Request to vary occupier enrolment 9

13 Resignation of corporation appointment 9

14 Revocation of corporation appointment 10

Division 2—Silent voters 10

15 Silent voter request 10

16 Silent voter list 10

17 Silent voter's details to be kept secure 11

Division 3—Form of voters' rolls 11

18 Voters' roll 11

Part 3—Candidates 13

Division 1—Candidates—Lord Mayor and Deputy Lord Mayor 13

19 Joint nominations for the offices of Lord Mayor and Deputy Lord Mayor 13

20 Candidate nomination—pandemic arrangements 15

21 Notice of withdrawal of candidature 16

22 Retirement of candidate—Lord Mayor and Deputy Lord Mayor 17

23 Death of candidate—Lord Mayor and Deputy Lord Mayor 17

24 Group name of Lord Mayor and Deputy Lord Mayor 18

Division 2—Candidate information 19

25 Interpretation 19

26 Candidate information 19

27 Joint statement—Lord Mayor and Deputy Lord Mayor 19

28 Candidate statement—ungrouped candidates 21

29 Group statement 22

30 Group voting tickets 24

31 Joint request for grouping of candidates 24

32 Reference to other candidates 25

33 Rejection and amendment of statements 25

34 Indication of preferences—Lord Mayor and Deputy Lord Mayor 27

The Regulations revolve around a small number of operational concepts that determine eligibility, information flows, publication and the conduct of ballot processing. Key concepts and where they appear in the text are the following.

Enrolment categories and required particulars. The Regulations specify exact personal and property particulars required for different classes of applicants: owners, occupiers, joint owners/occupiers and corporate appointees (regs 7-14). The notion of corporation details and personal details is defined in reg 7.
Silent voters and confidentiality. A silent voter may be someone whose request under section 10 of the Act was granted, an elector whose address is not on the Commonwealth roll, or a silent elector under the Electoral Act 2002 (definition in reg 5). The Chief Executive Officer must maintain a silent voter list, may remove persons in limited circumstances, and must restrict access to silent voters' addresses and request information to authorised persons only. The VEC must also restrict access to certain categories of silent voter addresses (regs 15-17).
Candidate information and publication constraints. Candidate information includes joint statements, candidate statements, group statements, photographs and indications of preferences, depending on candidate type (reg 5 definition; regs 26-37). The Regulations impose word limits (250 words for joint and group statements, 200 words for ungrouped candidate statements, modified for online publication caps of 350 and 300 words respectively at reg 37(3)-(4)), photoprinting or electronic filename requirements (regs 27(3), 28(3), 29(3)), and declaratory language that candidates must sign acknowledging legal exposure for misleading content (regs 27(4), 28(4), 29(4)).
Grouping and group voting tickets. A group is 2 or more councillor candidates who request grouping under Schedule 1 to the Act (reg 5 definition). Group voting tickets must be registered under Schedule 1 to the Act before publication is permitted (reg 37(6)). Requests for grouping, lodging of group voting tickets and associated materials are to be made where nominations are received, or at alternate places or electronically in accordance with the election manager's directions (regs 30-31).
Lord Mayor and Deputy Lord Mayor joint candidatures. The Regulations treat these offices as jointly contested pairs. They require each pair to lodge a notice of candidature signed by both candidates and to make specified declarations including that each completed Local Government Candidate Training and a date for completion is provided (reg 19(1)-(3)). They provide for joint statements, joint indications of preferences, group name requests and ballot-paper format and marking rules specifically for these pairs (regs 19, 24, 27, 34, 39-40).
Pandemic adaptations. The VEC may determine that notices of candidature or fees may be submitted by electronic communication to address pandemic risks associated with a pandemic order under the Public Health and Wellbeing Act 2008. The election manager may accept declarations signed outside their presence if the candidate is prevented by a pandemic order. There are procedural constraints on such determinations, notably that no VEC determination under reg 20(3) can be made less than 40 days before election day and must be published in the Government Gazette and on the VEC site (reg 20).
Role of the election manager and VEC. The election manager has operational discretion to reject or format statements, to keep records, to publish candidate information on a VEC-maintained site that is not the Council website, to retain nomination fees where candidates withdraw, and to provide notice to candidates whose statements are rejected (regs 19, 21, 33, 36-38).

These concepts organise enrolment, secrecy of vulnerable electors, candidate communications, and the mechanical conduct of the poll. The Regulations trade off exacting documentary requirements and strict time limits against the need to run an administrable election involving postal material, online publication and variable candidate forms of association.

The Regulations allocate duties, rights and restrictions across a defined set of actors. The primary categories of affected parties are the following.

Voters. All eligible residents and specified non-resident owners and occupiers of rateable property in the municipal district who seek enrolment under the City of Melbourne Act 2001 are affected. The Regulations prescribe the particulars required for enrolment by owners and occupiers (regs 8-9) and set how the voters' roll must be formed and what it must exclude, for example addresses of silent voters and dates of birth (reg 18(1)-(2)). Silent voters are given confidentiality protections and have an explicit form to use (Form 1, Schedule; regs 15-17).
Property owners and occupiers. Owners and occupiers of rateable property have a specific entitlement to apply for enrolment under the Act, subject to statutory declarations and proof requirements set out in these Regulations. Owners must declare joint ownership and provide the names of other joint owners where applicable (reg 8). Occupiers must, if known, provide the owner’s name (reg 9). Joint owner or occupier requests to vary enrolment require the written consent of at least one non-applying joint owner or occupier (regs 11-12).
Corporations that own or occupy rateable property and corporate appointees. Corporations that own or occupy property may appoint two people to vote on their behalf under s 9C of the Act and the Regulations define what corporation details and appointee details must be provided (reg 10). Appointees must be directors or company secretaries and must sign declarations consenting to the appointment and confirming they are not otherwise enrolled (reg 10(d)(v)).
Candidates for Lord Mayor and Deputy Lord Mayor. These candidates must comply with a joint nomination process that requires each candidate to sign the notice and make a set of declarations including that they completed Local Government Candidate Training and are qualified under the Local Government Act 2020 (reg 19(1)-(3)). They must pay a nomination fee, unless pandemic determinations change the fee lodgement method (reg 19(1)(d); reg 20).
Candidates for Councillor, both grouped and ungrouped. Councillor candidates joining a group are governed by the grouping rules, may lodge group statements and group voting tickets, and are subject to group publication constraints (regs 25-31, 37). Ungrouped councillor candidates may lodge candidate statements and indications of preferences for inclusion in postal ballot envelopes (regs 28, 35).
Election manager and Victorian Electoral Commission (VEC). The election manager has explicit operational functions: accepting and rejecting statements, retaining nomination fees upon withdrawal, keeping records of amendments, maintaining the silent voter list or ensuring restricted access and publishing candidate information on a site that is not the Council website (regs 17, 21, 33, 36-38). The VEC has power to make pandemic-related determinations regarding electronic lodgement and is required to publish any such determination in the Government Gazette and on its site (reg 20(3)-(5)).
Chief Executive Officer of the Council. The CEO must maintain the silent voter list, restrict access to silent voter information and remove persons from the list in specified circumstances (regs 16-17). The CEO therefore has custody duties around sensitive personal data.
Third parties involved in lodging materials. Persons authorised in writing by candidates may lodge statements and indications of preferences but must produce the written authorisation at lodgement (regs 27(7)-(8), 28(7)-(8), 34(2)).

The Regulations therefore affect both the supply side of election administration and the demand side of actors seeking roles in governance or exercising voting rights. They assign documentary and timing burdens to candidates, property-related claimants to enrolment, and to administrative bodies charged with preserving confidentiality and ensuring compliant publication.

The Regulations allocate a network of specific duties on candidates, applicants for enrolment, the Chief Executive Officer, the election manager and the VEC, and they protect particular rights. The principal duties and rights are as follows.

Duties on enrolment applicants

Owners and occupiers must provide specified personal and property particulars and sign declarations. For owners, the declaration must state that the person is an owner, would not be an elector under a Legislative Assembly roll, and is a resident of the municipal district (reg 8(d)(i)-(iii)). Occupiers make a similar declaration (reg 9(d)(i)-(iii)). Joint owners and occupiers seeking variation must supply other joint parties’ names and obtain consent from at least one non‑applying joint owner or occupier (regs 11-12).

Corporate appointment duties

Two persons appointed to vote for a corporation must each provide personal details and the corporation’s details, and each must sign a declaration consenting to appointment, confirming they are not enrolled in the municipal district, and confirming their company office and appointment as a voting representative (reg 10(b)-(d)).

Silent voter process and CEO duties

A person seeking silent voter status must use Form 1 in the Schedule and provide particulars including particulars of the risk to themselves or family, and a statutory declaration accompanies that form (reg 15; Schedule Form 1). The CEO must maintain the silent voter list, remove persons in specified circumstances, and ensure access to silent voter addresses or request information is limited to persons authorised by the CEO. The VEC similarly must ensure restricted access in certain categories (regs 16-17).

Candidate nomination duties for Lord Mayor and Deputy Lord Mayor

Joint candidates must complete a written notice of candidature containing named particulars, sign it, provide a declaration including proof of completion of Local Government Candidate Training and provide a nomination fee (reg 19(1)-(4)). The declaration must be signed in the election manager’s presence unless pandemic arrangements apply (reg 19(4); reg 20(1)).

Declaration and statement obligations

Candidates lodging joint, group or individual statements must include prescribed declarations that the statement is true, not misleading or deceptive, and includes an acknowledgement of possible prosecution for a misleading statement (regs 27(4), 28(4), 29(4)). Statements must comply with word limits and photographic format requirements (regs 27(2), 28(2), 29(2)-(3)). The election manager must reject statements that contain offensive, misleading content, unauthorised references to other candidates or unconsented claims of endorsement, or that contravene law (reg 33(1)(a)(i)-(iv)).

Publication and online duties

The election manager must publish accepted candidate information promptly on an internet site maintained by or on behalf of the election manager that is not the Council website and may also publish print material (reg 36). It must not publish rejected or noncompliant statements (reg 37(2)). It must publish notices when candidate information has not been provided (reg 37(7)-(8)). A prescribed disclaimer must be displayed where statements are published (reg 38).

Ballot-paper format and marking duties

The ballot-paper for Lord Mayor and Deputy Lord Mayor must include pair names, designation of which candidate seeks which office, a box opposite each pair and prescribed instructions on sequential numbering (reg 39). Voters must mark a full contingent ordering of preferences unless only two pairs stand; the Regulations set specific tolerances for acceptance and reasons for rejecting ballot-papers (reg 40).

Rights preserved or created

Silent voters have a right to non-disclosure of address on the roll once granted and a right to request removal from the silent voter list (regs 15-17). Candidates have the right to resubmit a rejected statement within a defined period and to receive notice of rejection and the reasons (reg 33(2)-(5)). Candidates have the right to request a group name for Lord Mayor and Deputy Lord Mayor candidatures (reg 24). The VEC has the right to determine pandemic-related electronic lodgement procedures subject to time limits and publication requirements (reg 20(3)-(5)).

These duties and rights are largely procedural and documentary. They assign compliance costs to candidates, property claimants and the election administrators and assign confidentiality and publication responsibilities to the CEO and election manager.

The Regulations themselves do not create a schedule of pecuniary penalties within their text, but they create procedural enforcement levers and refer to criminal or statutory liability in other Acts. Enforcement mechanisms in the Regulations include administrative rejection, fee retention, and referral to statutory offences under broader law.

Administrative enforcement tools

The election manager may reject candidate material that does not comply with specified content rules. Reg 33(1) requires rejection where, in the election manager's opinion, the statement is offensive, likely to mislead or deceive a voter, refers to another candidate without written consent, claims endorsement without written consent or is otherwise in contravention of an Act or regulation. The election manager must notify the candidate of rejection, give reasons, and identify which parts need amendment (reg 33(2)-(3)). Candidates may amend and resubmit restricted parts only within prescribed time (reg 33(5)-(6)). The election manager must keep a record of all amendments (reg 33(7)). This is an administrative gatekeeping mechanism; the Regulation authorises the election manager to exercise judgment on content and formatting.
Nomination fees are retained by the election manager if a pair of joint candidates withdraw before noon on nomination day (reg 21(5)). This is a financial enforcement tool that may deter late withdrawals or impose a sunk cost.
Rejection rules for indications of preferences operate as an enforcement mechanism; the election manager must reject an indication that does not comply with the prescribed form and numbering rules (regs 34(5), 35(5)). A rejected indication is not to be published (reg 37(5)).

References to criminal or statutory liability

Candidate declarations required under regs 27(4), 28(4) and 29(4) include an express statement that the candidate is aware they may be liable to prosecution if the statement contains matter that may mislead or deceive a voter. Those declarations are not the source of the criminal offence but put parties on notice; the Regulations tie the statements to prosecutorial exposure under relevant statutes. Reg 19(3)(d) similarly informs candidates of the offence in section 256 of the Local Government Act 2020 for persons not entitled to nominate. The Regulations therefore rely on offences and enforcement mechanisms embedded in the Local Government Act 2020 and in other electoral laws; they do not themselves set out penalties.

Confidentiality and misuse

The Chief Executive Officer and the VEC are required to restrict access to silent voter addresses and related request information to authorised persons only (reg 17(1)-(2)). The Regulations do not specify penalties for unlawful access or disclosure of silent voter information, but the requirement implies a duty of care and possible consequences under privacy and secrecy laws if breached. Any enforcement for unauthorised disclosure would arise under general privacy or public sector misconduct frameworks and applicable criminal provisions, rather than within these Regulations.

Enforcement discretion and practical implications

The election manager exercises a substantial degree of discretion. The decision to reject statements or to alter formatting to meet publication standards is cast in subjective terms, using the election manager's opinion and ability to specify formatting limitations (regs 32(3), 33(1)). That discretion is a primary point of operational enforcement risk; it is carried out within timelines that give candidates a single day to resubmit an amended statement after notice (reg 33(5)).

In sum, enforcement under these Regulations is largely administrative and procedural, supported by the threat of prosecution under other Acts for false or misleading candidate material, and by retention of fees and rejection of noncompliant materials. The Regulations delegate substantive enforcement of criminal or penal provisions to the Acts they sit beneath.

The Regulations are expressly made under the Local Government Act 2020 and the City of Melbourne Act 2001 (reg 2). They apply the Local Government (Electoral) Regulations 2020 with modifications (reg 1(b)). Several other Commonwealth and Victorian statutes are invoked directly or implicitly in definitions and procedural provisions.

Primary statutory architecture

Authorising provisions. The Regulations are made under ss 325 and 326 of the Local Government Act 2020 and s 29 of the City of Melbourne Act 2001 (reg 2). They operate as subordinate legislation to those Acts and must be read consistently with them.
Application override. If an Order in Council under s 6B of the City of Melbourne Act 2001 is in force for a councillor election, the Local Government (Electoral) Regulations 2020 apply and these Regulations do not (reg 6). The clause sets a clear primacy rule: an Order in Council can displace the Regulations' application to councillor elections within the municipal district.

Electoral law cross-references

Commonwealth and Victorian electoral law. The definition of silent voter explicitly references electors whose address is not shown on the Commonwealth roll under the Commonwealth Electoral Act 1918 and silent electors under the Electoral Act 2002 of Victoria (reg 5). The Regulations therefore assume coordination with Commonwealth and State electoral data and definitions when establishing who qualifies as a silent voter.
Local Government Act 2020 obligations. Candidate qualifications are tied back to the Local Government Act 2020, notably the prohibition in s 256 on persons not entitled to nominate; reg 19(3)(d) requires candidates to acknowledge awareness of that offence. Candidate training is required in accordance with the Local Government (Electoral) Regulations 2020 and the date of completion must be specified (reg 19(3)(c)).

Public health interface

Pandemic orders under the Public Health and Wellbeing Act 2008. The Regulations provide pandemic arrangements for signature and electronic lodgement when a pandemic order made under s 165AI prevents attendance (reg 20(1)-(3)). The VEC may determine electronic lodgement mechanisms to address pandemic risk but must not make such determinations less than 40 days before election day and must publish them in the Government Gazette and on the VEC website (reg 20(3)-(5)). This integrates electoral procedure with public health emergency management.

Administrative law and publication duties

The election manager must publish candidate information on a site maintained by or on behalf of the election manager that is not the Council site (reg 36). This separates municipal communications from the election manager's publication channel, likely to avoid conflating Council resources with electoral materials, and it aligns with statutory neutrality or separation expectations.

Other legislative instruments and interpretation rules

The Interpretation of Legislation Act 1984 and the Subordinate Legislation Act 1994 appear in the endnotes. The latter sets the ten year sunset for these Regulations under section 5 of the Subordinate Legislation Act 1994 (endnote 1). The endnotes also record that style changes and other interpretive rules under the Interpretation of Legislation Act form part of the Statutory Rule’s context (Endnotes section 1).

Practical interactions and friction points

The Regulations require that group voting tickets be registered under Schedule 1 to the Act before publication is permitted (reg 37(6)). This ties procedural publication to Schedule 1 registration processes in the Act. If registration under the Act requires additional steps or time, the two regimes must be coordinated.
The definition of silent voter overlaps Commonwealth and Victorian regimes (reg 5). Where an elector’s status under Commonwealth law differs from state law, the Regulations’ reliance on cross-references presupposes inter-agency data sharing and compatible processes for maintaining non-disclosure.

In short, these Regulations operate as a layer of procedural rules atop the City of Melbourne Act and the Local Government Act, and they interact with Commonwealth electoral law, the State electoral framework, pandemic public health powers and general subordinate legislation practice. Practitioners must read the Regulations alongside those primary Acts and the Local Government (Electoral) Regulations 2020 where the latter apply.

The Statutory Rule was made by the Governor in Council on 3 May 2022 and commenced on 7 May 2022 (endnote 1; reg 3). The instrument revokes several prior City of Melbourne electoral instruments, explicitly listing the City of Melbourne (Electoral) Regulations 2012 and amendment instruments in 2016, 2020 and 2021 (reg 4). The Regulations incorporate amendments up to 26 June 2024 in the published version before you (version incorporating amendments as at 26 June 2024).

Recorded amendments

City of Melbourne (Electoral) Amendment Regulations 2024, S.R. No. 56/2024. The Table of Amendments records that this instrument was made on 25 June 2024 and commenced on 26 June 2024 (endnote 2). Several provisions in regs 27, 28, 29 and 33 are marked as amended by S.R. No. 56/2024 (see annotations at regs 27(2)(a), 28(2)(a), 29(2)(a), 33(2) and 33(5)). The endnotes identify these specific amending provisions.

Sunset and interpretive material

The Endnotes state that the Regulations will sunset ten years after making on 3 May 2032 pursuant to the Subordinate Legislation Act 1994 (endnote 1). Practitioners should therefore expect a statutory expiry absent re-enactment or extension.

Interpretation and style authority

The endnotes include material on the Interpretation of Legislation Act 1984 and its effects on headings, examples, punctuation and the statutory structure of the rule (Endnotes 1). Those references affect how later amendments or inserted subregulations are to be interpreted.

Practical consequence of amendment history

The Regulations replace a sequence of earlier City of Melbourne electoral subordinate instruments. The 2024 amendment made relatively minor but specific changes to candidate statement provisions and to the rejection/amendment process; the annotations show where the text was updated. The published version you have incorporates those changes to ensure the procedural timelines and content limits reflect the 2024 amendments.

Users must check for any subsequent amendments after 26 June 2024 by consulting the official legislation website as noted in the endnotes. Where practice or administrative guidance has been issued by the VEC or the Council, those materials may interpret or operationalise the amending provisions and should be consulted in addition to the consolidated text.

The Regulations do not identify or cite any judicial decisions, nor does the consolidated text record litigation concerning these Rules. The instrument’s endnotes and explanatory details list making and amendment dates, but they do not mention any case law.

Practically this means:

There is no litigation history recorded in the text to indicate how courts have interpreted discretionary provisions in these Regulations, such as the election manager's power to reject statements on the basis that they are likely to mislead or deceive voters or the exercise of confidentiality duties with respect to silent voters.
If legal challenges arise, they are likely to proceed under administrative law principles to review the election manager’s exercise of discretion, under privacy or public sector misconduct frameworks for any improper handling of silent voter data, or under the Local Government Act 2020 for nomination eligibility disputes referenced by reg 19(3)(d) and s 256 of the Local Government Act 2020.

Because the source contains no recorded litigation, practitioners seeking precedent about interpretation or enforcement will need to consult decisions under the Local Government Act 2020, the Local Government (Electoral) Regulations 2020 and general administrative law. Any judicial treatment of similar provisions in other local government electoral contexts may be informative, but it is not cited in these Regulations.

The Regulations contain a number of detailed procedural traps and timing constraints that commonly cause noncompliance or operational friction. The following are high-likelihood "gotchas" drawn from the text, with references and the concrete mechanism that produces the risk.

Time-limited resubmission window for rejected statements

If the election manager rejects a joint, candidate or group statement, the candidate has until noon on the day following the day the election manager gives notice to resubmit amendments, and may amend only the sections identified in the notice (reg 33(2)-(6)). Practically this is a very short rectification window and a rejected submission that is not corrected within that window will remain excluded from publication.

Nomination fee payment method vulnerability

Joint candidates for Lord Mayor and Deputy Lord Mayor must pay the nomination fee of $250 in cash or by cheque drawn on an authorised deposit-taking institution account, subject to pandemic determinations (reg 19(1)(d); reg 20(3)). If pandemic arrangements are not in force and a candidate attempts electronic or card payment when not authorised, the nomination may be noncompliant or delayed.

Strict photographic requirements and duplication

Photographs included with statements must be provided as two identical prints with the candidate's name on the back of one print, or if electronic, the candidate's name must appear in the file name (regs 27(3), 28(3), 29(3)). Failure to comply with this exact requirement could lead to rejection or publication omission.

Limit on publications and differing word counts

Although joint and group statements are capped at 250 words in the lodging rules (regs 27(2), 29(2)), the election manager will only publish the first 350 words of joint or group statements and the first 300 words of candidate statements (reg 37(3)-(4)), which is an odd mismatch and could create confusion if candidates prepare longer material or expect full text to be published. Practitioners should assume published versions will be truncated as specified.

Consent for referring to others and endorsements

Statements must not refer to other candidates without their written consent, and claims of endorsement require contemporaneous written consent lodged at the same time as the statement (reg 32(1)-(2)). Candidates who rely on verbal endorsements or who cite party support without the written consent in situ risk rejection.

Naming conventions and title exclusion

A title or designation cannot be included with a candidate's name on the ballot-paper subject to reg 24, so titles and designatory descriptions are effectively excluded (reg 19(9)). Candidates who rely on a professional title to communicate identity or affiliation should plan alternative ways to identify themselves on the ballot.

Pandemic determinations constrained by timing

The VEC may make pandemic-related determinations for electronic lodgement, but not less than 40 days before election day, and must publish them in the Government Gazette and on its internet site (reg 20(3)-(5)). If a pandemic order is issued late, the VEC’s ability to adapt procedures is constrained by the 40 day rule.

Silent voter confidentiality logistics

Silent voter status requires a Form 1 submission and a statutory declaration (reg 15, Schedule). The CEO must keep the list and restrict access to authorised persons only (reg 16-17). Practical risk arises where data handling or access control processes are not robust; the Regulations do not specify technical standards, only the duty to restrict access, leaving implementation to CEOs and the VEC.

Retention of nomination fees on withdrawal

If one or both candidates in a joint nomination withdraw before noon on nomination day, the election manager retains the nomination fee (reg 21(5)). Candidates who later change their minds cannot expect refund in that scenario.

VEC publication location requirement

Candidate information must be published on an internet site maintained by or on behalf of the election manager that is not the Council website (reg 36). Candidates expecting Council-hosted material may be misled, and failure to check the correct site may delay contact or complaints.

Interplay with Orders in Council

If an Order in Council under s 6B of the Act is in force, these Regulations do not apply to councillor elections and the Local Government (Electoral) Regulations 2020 apply instead (reg 6). Candidates and practitioners must check whether such an Order is in effect to know which regulatory regime applies.

These are concrete procedural points that cause late or defective lodgements, publication omissions or administrative rejections. Practitioners should map these constraints into workflow checklists and diarise the very tight timing windows that recur throughout the Regulations.

This section sets out a stepwise compliance checklist for the main actors named in the Regulations, mapping required documents, timelines, and operational behaviour to the Regulations’ provisions. It is practical rather than exhaustive; consult the full text and the election manager’s directions for local details.

For enrolment as owner or occupier (regs 7-9)

Prepare the required particulars. For owners this is: the relevant rateable property address; personal details (full name, date of birth, residential and postal address); names of joint owners if any; and a signed, dated declaration that the applicant is an owner, would not be an elector under a Legislative Assembly roll, and is a resident of the municipal district (reg 8). For occupiers the particulars are similar but require the owner’s name if known (reg 9).
Ensure declarations are signed and dated, and where joint owners or occupiers request variation, secure the signed dated consent of at least one joint owner or occupier who is not requesting to be enrolled (regs 11(e), 12(f)).

For corporate appointments (reg 10; regs 13-14)

The corporation must supply corporation details (name, ACN, registered address) together with personal details for each appointed person, and each appointee must sign a declaration consenting to the appointment, confirming they are not enrolled in the municipal district and are not entitled to be enrolled, that the corporation is an owner or occupier, and that the appointee is a director or company secretary and appointed as the corporation’s voting representative (reg 10(c)-(d)(v)).
Keep resignations and revocations in writing with the required particulars: the personal and corporation details and a signed dated declaration or authorised signer statement (regs 13-14).

For silent voters (regs 15-17 and Schedule Form 1)

Use Form 1. Complete the form with property address, personal particulars including date of birth, correspondence address and particulars of the risk to self or family, and lodge it with the CEO along with the statutory declaration required by the Form (reg 15; Schedule).
Understand that the CEO will maintain a confidential silent voter list and will remove persons in stated circumstances (reg 16). Ensure you notify the CEO in writing if you wish to be removed from the list (reg 16(2)(b)).

For candidate nominations, Lord Mayor and Deputy Lord Mayor pairs (reg 19)

Complete the written notice of candidature with each candidate’s surname and given names, enrolment addresses, principal place of residence and postal addresses if different, and contact details for business and non-business hours including telephone and email (reg 19(2)(a)-(e)).
Specify the form of name to appear on the ballot-paper and, if applicable, provide evidence if the proposed name is a commonly used other name (reg 19(2)(f); reg 19(8)). Avoid titles or designations on the ballot-paper except as provided under reg 24 (reg 19(9)).
Each candidate must sign the required declaration that they are qualified under the Local Government Act 2020, completed Local Government Candidate Training (and specify the date), and are aware of s 256 offences for unlawful nomination (reg 19(3)(b)-(d)). Signatures must normally be in the presence of the election manager but may be signed remotely if a pandemic order prevents attendance pursuant to reg 20(1).
Pay the nomination fee in the required form unless the VEC has made a pandemic determination allowing electronic payment (reg 19(1)(d); reg 20(3)).

For candidate statements, group statements, joint statements and indications of preferences (regs 26-35)

Observe word limits: joint and group statements no more than 250 words; candidate statements for ungrouped councillors no more than 200 words at lodgement (regs 27(2), 28(2), 29(2)). Note published truncation limits in reg 37(3)-(4).
Provide photographs in the required format: two identical prints with the candidate’s name on the back of one print, or an electronic file with the candidate’s name in the file name (regs 27(3), 28(3), 29(3)).
Include the prescribed signed and dated declaration language with the statement, acknowledging it is true, not misleading and that prosecution may follow for misleading content (regs 27(4), 28(4), 29(4)).
Lodge statements and indications of preferences no later than noon on the fourth day after nomination day, at the place nominations are received or at alternate places the election manager designates, or electronically only where the election manager has determined conditions for electronic lodgement (regs 27(5)-(6), 28(5)-(6), 29(5)-(6), 34(2)-(3), 35(2)-(3)).
For indications of preferences, use the ballot-paper form, identify every candidate or pair and number all squares to indicate a full order of preference (regs 34(4), 35(4)). Noncompliant indications will be rejected (regs 34(5), 35(5)).

Publication and online compliance (regs 36-38)

Once candidate information is accepted, the election manager must publish it as soon as practicable on a non-Council internet site maintained by or on behalf of the election manager (reg 36). Plan to check the VEC site or the election manager’s published site for the material.
Candidates who fail to lodge candidate information will have a notice published saying they have not provided information (reg 37(7)-(8)). Candidates who have specific expectations about full text publication should note the truncation rules in reg 37(3)-(4).

Handling rejections and amendments (reg 33)

If a statement is rejected, the election manager will provide notice and reasons and state which sections need amendment. The candidate must act promptly and may only amend specified sections, with resubmission allowed only until noon on the day after the notice (reg 33(2)-(6)). Keep accurate retention of contact details on nomination forms so the election manager can contact you (reg 33(4)).

Pandemic arrangements (reg 20)

If a pandemic order prevents candidates from attending to sign declarations, the election manager may accept a declaration signed without the manager’s presence, and may require identity evidence and written authorisation where someone lodges on a candidate’s behalf (reg 20(1)-(2)). If the VEC determines electronic lodgement is necessary, it must publish details in the Gazette and on its site and must not make such a determination less than 40 days before election day (reg 20(3)-(5)).

Data and confidentiality (regs 16-17)

If handling silent voter particulars, ensure strict records management and access controls. Only authorised persons may access addresses and request information and the VEC must do likewise where relevant (reg 17). Maintain documentation of who accessed silent voter data and why to meet the requirement that only authorised persons have access.

Administrative recordkeeping

The election manager must keep a record of all amendments to statements (reg 33(7)) and must retain notices of withdrawal of candidature (reg 21(4)). Maintain copies of all lodged materials, authorisations and receipts for fees as proof of compliance.

Check for Orders in Council and applicable instruments (reg 6)

Confirm whether an Order in Council under s 6B of the City of Melbourne Act 2001 is in force, because if it is, the Local Government (Electoral) Regulations 2020, not these Regulations, will apply to the councillor election (reg 6). Consult the VEC or relevant government Gazette notices.

This checklist maps regulation numbers to actionable tasks. Given the tight time frames and the election manager’s discretion, perform compliance reviews early, lodge materials well before deadlines, preserve proof of lodgement, and ensure written consents for endorsements or references are on file and lodged concurrently with statements.

City of Melbourne (Electoral) Regulations 2022

Plain English Summary

Deep Dive

What it does

Current sections

City of Melbourne (Electoral) Regulations 2022

Source text: opening excerpt

1 City of Melbourne (Electoral) Regulations 2022

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply