Industrial Relations Commission (Railways Classification Board [Elections]) Regulations 1985

These regulations set out a bespoke electoral procedure for filling positions on the Railways Classification Board under s 80N of the Industrial Relations Act 1979. They prescribe who runs the ballot, the trigger events that start it, the timing and notice requirements, nomination form and content, the composition and preparation of the electoral roll, the method of voting (secret postal preferential ballot), the mechanics of issuing and receiving ballot papers, the processes for checking, counting and rejecting ballots, the role of scrutineers, and the steps for declaring and forwarding the result to the Minister for appointment (regs 5-26).

Mechanically, the Chief Electoral Officer (or an officer appointed by the Chief Electoral Officer under s 80N(4) of the Act) is the responsible official for running an election that the Union requests (reg 2(2), regs 5-6). The Union must notify the Chief Electoral Officer when it receives a written request to submit a name for an office (reg 5). On receiving that notification the Chief Electoral Officer must cause an election to be held (reg 6). The regulations require publication of nomination notices in the Railways Commission’s Weekly Notice (reg 7(1)), and where there is more than one nominee a notice in a daily newspaper setting out candidates and poll close date (reg 16).

The rules set fixed timing constraints: the nomination closing date must be no later than 21 days after first publication of the notice in the Weekly Notice (reg 7(3)); the Union must furnish an electoral roll not later than 7 days after the close of nominations (reg 11); and membership eligibility is determined by reference to membership status 14 days before the close of nominations (reg 12(a)). The regulations also require that the Chief Electoral Officer “have regard to” two prescribed periods , 80 days and 90 days , for functions under s 80N (regs 3-4), tying the schedule to the parent Act.

Voting is by secret postal preferential ballot (reg 14(2); reg 20). Ballots are issued by post in a two-envelope system: a sealed “Ballot Paper” envelope containing the ballot paper, and an outer envelope addressed to the Chief Electoral Officer that includes the elector’s number and provision for full name and signature (reg 17). The election is administered by checking outer envelopes and counterfoils against the electoral roll, marking the roll when a valid envelope is received, then placing the inner ballot paper envelopes, sealed, into a locked ballot box to preserve secrecy before opening for counting (reg 23(1)(a)-(f)). Ballot papers are rejected as informal if they lack the Chief Electoral Officer’s initials, bear identifying marks, or are not marked in accordance with the specified voting requirements (reg 23(2)).

Where only one candidate is nominated, the Chief Electoral Officer notifies the Union and the Union submits the candidate’s name to the Minister for appointment (reg 10; reg 26(2)). If no candidate is nominated, the Chief Electoral Officer must notify the Union and the Union must notify the Minister (reg 9). The Chief Electoral Officer may appoint staff to conduct the election and those staff are to be paid one half of the amounts prescribed for comparable duties at State Parliamentary elections (reg 28).

The regulations incorporate, with necessary modifications, the laws that apply to Legislative Assembly elections (reg 14(1)), thereby importing an external body of electoral law into the procedure but leaving the Chief Electoral Officer to apply and modify those provisions for this confined purpose. The instrument does not itself create criminal penalties or fines. Its operational enforcement rests in administrative controls vested in the Chief Electoral Officer: power to appoint staff (reg 28), to order recounts (reg 25), to admit or reject ballots (reg 23), and to declare results (reg 26).

Scope and legal hook. These Regulations are a delegated instrument under the Industrial Relations Act 1979 providing a narrow electoral framework for filling Railways Classification Board offices via a process set out in s 80N of the Act (see regs 2(1), 2(2), 5-6). The instrument is specialised: it applies to elections connected to the Western Australian Government Railways Commission and the Western Australian Railway Officers Union (defined terms in reg 2(1)). The Regulations operate by mandating steps to be taken by the Union, the Chief Electoral Officer (CEO), and, indirectly, the Minister (who receives the name for appointment).

Trigger and actors. The immediate trigger is a written request received by the Union to submit a person’s name for an office; upon that event the Union must immediately notify the CEO (reg 5) and the CEO must cause an election (reg 6). The CEO (or an officer appointed by the CEO under s 80N(4) of the Act) performs the functions of election administration (reg 2(2), reg 3). The Union supplies the electoral roll (regs 11-12). Candidates are nominated by two Union members with a written statement of consent (reg 8).

Timing and prescribed periods. The regulations specify internal short deadlines and reference two prescribed periods under s 80N: 80 days for s 80N(4) and 90 days for s 80N(5)(a) (reg 4). The CEO must have regard to those prescribed periods when exercising functions or fixing dates under the regulations (reg 3), creating a scheduling envelope that shapes nomination and polling dates. The nomination closing date must fall not later than 21 days after first publication of the nomination notice in the Weekly Notice (reg 7(3)); the Union must provide the electoral roll within 7 days after close of nominations (reg 11); membership eligibility is fixed by reference to membership status 14 days before the close of nominations (reg 12(a)).

Electoral roll specifics. The roll must list members who were members 14 days before nomination close, sorted by place of employment with the Railways Commission and alphabetically by surname (and given name if necessary), and consecutively numbered (reg 12). The roll must be open to inspection by Union members or persons authorised by the CEO while an election is in progress (reg 13).

Ballot mechanics and secrecy. The election is by secret postal ballot using a two-envelope system. The CEO sends each elector a ballot paper (bearing the CEO’s initials), an inner envelope marked “Ballot Paper”, and an outer envelope addressed to the CEO with the elector’s roll number and a space for full name and signature (reg 17). Voting is preferential; for two candidates voters must write “1” and may write “2” (reg 20(2)(a)); for more than two they must mark full preferences (reg 20(2)(b)). The CEO verifies outer envelopes and counterfoils against the roll, marks the roll, places sealed inner envelopes into a locked ballot box, then opens the ballot box for counting (reg 23(1)). Ballot papers may be rejected if they lack the CEO’s initials, bear identifying marks, or are not properly marked (reg 23(2)).

Union, members and electors. The primary private actor is the Western Australian Railway Officers Union, referred to as “Union” (reg 2(1)). The Union is responsible for immediate notification to the Chief Electoral Officer on receipt of any written request to submit a name for an office (reg 5), for providing the electoral roll not later than 7 days after nomination close (reg 11), and for submitting the successful candidate’s name to the Minister for appointment (reg 26(2)). Union members form the electoral pool: the roll must list persons who were members 14 days before nomination close (reg 12(a)), and any member may inspect the roll while the election is in progress (reg 13). Union members also serve as nominators: each nomination must be signed by two members (reg 8(1)(c)).

Candidates. A candidate must provide a written statement that they are willing to accept and act in the office to which they are elected (reg 8(1)(b)). Nominations must be in writing and signed by two Union members; where member and deputy member elections are run simultaneously nominations for each office must be made separately (reg 8). A candidate may withdraw their consent by written notice to the CEO before the nomination closing date (reg 8(4)).

The Chief Electoral Officer and appointed staff. The Chief Electoral Officer (or an officer appointed under s 80N(4) of the Act acting for the CEO) administers and controls the election (reg 2(2), reg 6). The CEO decides dates (having regard to the prescribed periods, regs 3-4), publishes notices in the Weekly Notice and in a daily newspaper where required (reg 7(1); reg 16(1)), issues ballots and counts them (regs 17, 23), and declares results (reg 26). The CEO may appoint staff necessary to conduct the election (reg 28(1)) and determine staff remuneration at half the prescribed State Parliamentary rates (reg 28(2)).

The Minister. The Minister is the appointing authority for the office once the Union submits a name following an election, or when a single nominee is returned or there are no nominees and the Union notifies the Minister accordingly (regs 9-10; reg 26(2)). The Minister’s involvement is referenced in the parent Act (s 80N(3)) and mirrored in these Regulations.

Scrutineers and third parties. Candidates may appoint scrutineers to attend the count and challenge irregularities (reg 22). The regulations permit any person authorised by the CEO to inspect the roll while the election is in progress (reg 13). Members of the public not within those categories are not granted rights by this instrument.

Electoral service providers and postal services. The election is a postal ballot requiring pre-paid posting or other means to deliver envelopes to electors and return envelopes to the CEO (reg 17; reg 20(2)(f)). Postal delivery standards, speed and reliability affect whether votes reach the CEO by the close of poll; envelopes received after the close are excluded from the count (reg 21(2)). The CEO chooses a private box or other address for receipt (reg 15), which creates a logistics point for postal handling.

Union duties. The Union must, on receipt of a written request to submit a name for an office, immediately notify the Chief Electoral Officer (reg 5). If the Union receives no nominations the Union must notify the Minister after being notified by the CEO (reg 9). If only one candidate is nominated the Union must submit that candidate’s name to the Minister for appointment (reg 10; reg 26(2)). The Union must furnish an electoral roll to the CEO not later than 7 days after close of nominations, and the roll must satisfy the content and ordering rules in reg 12.

Electoral roll and inspection rights. The Union’s roll must include persons who were members 14 days before close of nominations, ordered by place of employment and alphabetically by surname and given name where necessary, and numbered consecutively (reg 12). While an election is in progress any Union member or person authorised by the CEO may inspect the roll during reasonable hours (reg 13).

Chief Electoral Officer duties and discretions. The CEO must cause an election to be held on receiving notification from the Union (reg 6). The CEO must publish a nomination notice in the Weekly Notice containing required information (reg 7(1)), and if more than one nomination, publish a notice in a daily newspaper setting out candidates and poll close date (reg 16). The CEO must send ballot packs to every elector shown on the roll (reg 17), accept applications for replacement ballots before close of poll if satisfied (reg 19), receive and secure returned ballot envelopes up to the close of the poll (reg 21), and conduct counting procedures in the presence of scrutineers (where present) and following the checks specified in reg 23(1). The CEO may appoint staff as necessary (reg 28(1)), order recounts before declaration (reg 25), and ultimately declare the result (reg 26(1)).

Candidate nomination rights and duties. A nomination must be in writing, contain a statement by the candidate consenting to act in the office, be signed by two Union members, and be separate where two offices are nominated simultaneously (reg 8(1)). The candidate may withdraw consent before the nomination closing date by written notice to the CEO and is then taken not to have nominated (reg 8(4)). Candidates may appoint scrutineers to observe the count (reg 22(1)).

Voting rights and mechanics for electors. Eligible electors receive a ballot pack including a ballot paper bearing the CEO’s initials, an inner “Ballot Paper” envelope, and an outer envelope addressed to the CEO with the elector’s roll number and space for full name and signature (reg 17). Voting is by preferential ballot; marking requirements differ for a two-candidate contest and a contest with more than two candidates (reg 20(1)-(2)). Electors must enclose the completed ballot paper in the inner envelope, place that inner envelope in the outer addressed envelope with name and signature, and return it so it reaches the CEO by the published close date and hour (reg 20(2)(c)-(f)). If an elector makes written application before the close and the CEO is satisfied a ballot was not received or was spoilt/lost/damaged, the CEO must forward a fresh ballot paper and pack (reg 19).

Absence of express offences. The Regulations do not itself create express civil or criminal penalties, fines, or offence provisions. The instrument focuses on procedural duties, administrative mechanisms, and the CEO’s powers to manage the conduct of an election (for example, notification duties reg 5, reg 6; appointment powers reg 28; counting and rejection powers reg 23). There are no sections in the text that prescribe penalties for breach of nomination formality, failure to provide the roll, failure to notify, or other non-compliance within the instrument itself.

Administrative enforcement mechanisms. Enforcement and corrective measures operate through the CEO’s administrative controls rather than through criminal sanction clauses in this instrument. The CEO can refuse to accept non‑conforming nominations (reg 8(2)-(3)), refuse to admit late ballot envelopes to the count (reg 21(2)), mark envelopes “Not in Order” where requirements are unmet (reg 23(1)(f)), admit or reject ballot papers and endorse the paper accordingly (reg 23(4)-(5)), and order recounts (reg 25). The CEO’s decisions affect electoral outcomes and thus are the primary enforcement levers embedded in the regulations.

Role of scrutineers as a check. Candidates may appoint scrutineers who may challenge irregularities and make submissions on the admission or rejection of ballot papers; the CEO must consider such submissions before making final decisions (reg 22(3); reg 23(3)-(5)). This provides a participatory oversight mechanism rather than a statutory penalty scheme.

Ministerial appointment as practical sanction. The final administrative consequence of the electoral process is the Minister’s appointment power. If the Union fails to nominate or to forward an appointment after required notifications, the instrument creates procedures for notifying the Minister (reg 9, reg 10, reg 26(2)), which may have practical consequences under the parent Act though those consequences are not specified within these Regulations.

Interaction with Legislative Assembly electoral laws. The Regulations import the laws that apply to Legislative Assembly elections “as modified” (reg 14(1)). Those laws contain their own offence and penalty regimes, integrity rules, and enforcement tools. Because the Regulations explicitly refer to that body of law, enforcement in some matters may derive from those imported provisions, but the Regulations themselves do not reproduce or restate those offences. Practitioners must therefore check the current Legislative Assembly electoral laws for applicable sanctions and offences that the CEO might apply when exercising modified provisions.

Reference to the parent Act. The Regulations are made under the Industrial Relations Act 1979 and specifically implement election procedures contemplated by s 80N of that Act. Multiple provisions presuppose or specify action pursuant to s 80N: definition of “office” references s 80N(2)(c) (reg 2(1)); CEO appointment authority references s 80N(4) of the Act (reg 2(2)); the prescribed periods refer to section 80N(4) and 80N(5)(a) (reg 4); and the Minister’s role is integrated via the Union submitting the successful candidate’s name pursuant to a Minister’s request under s 80N(3) (reg 7(2); reg 26(2)). Therefore understanding the full legal effect requires reference to the Industrial Relations Act s 80N.

Importation of Legislative Assembly election law. Reg 14(1) provides that “the laws, for the time being in force that apply to the conduct of an election for the Legislative Assembly of the Parliament of the State apply with such modifications as are necessary to and in relation to an election.” This is a direct linkage: procedural rules, candidate eligibility, counting conventions, and potentially offences and enforcement mechanisms from the State’s Legislative Assembly electoral law are imported, subject to modification as required to make them fit the confined context of these Regulations. Practitioners must therefore cross-reference the current Legislative Assembly election statutes and regulations and consider where modifications are necessary or intended by the CEO.

Postal and administrative laws. The Regulations require postal services (reg 17) and establish a CEO private box or other address for receipt of ballot material (reg 15). Postal timing standards and any post office rules therefore have practical import when determining whether ballots are timely (reg 21(2)). The Regulations’ exclusion of late envelopes depends on postal logistics and any relevant post office time-stamping rules.

Remuneration link to State Parliamentary prescriptions. Reg 28(2) sets the pay for persons employed in conducting the election at one half of amounts prescribed in relation to State Parliamentary elections. That relies on separate instruments that set prescribed amounts for returning officers and count personnel; those instruments therefore interact functionally with the Regulations by fixing staff costs.

Record-keeping and privacy frameworks. The Regulations require the outer envelope to include the elector’s full name and signature (reg 17(c)(ii); reg 20(2)(d)) and require checking that envelope against the roll (reg 23(1)(a)-(c)). That creates a practical link to privacy and records rules (external to the Regulations) regarding retention and handling of identifying information. Any privacy obligations or record-disposal requirements will derive from separate legislation or policy instruments; the Regulations do not address retention periods or data handling beyond the immediate checking and the marking of the roll.

Instruments and reprint. The Regulations were originally gazetted as the Industrial Relations Commission (Railways Classification Board [Elections]) Regulations 1985 on 28 February 1985, commencing 1 March 1985 (Compilation table). An amendment instrument titled Industrial Relations Commission (Railways Classification Board [Elections]) Amendment Regulations 1985 was gazetted 29 November 1985 (p. 4496) and commenced on the same date (Compilation table). The consolidated or reprinted version is the Reprint 1 of the Regulations as at 5 November 2004, which includes the amendments identified.

Specific amendment recorded in text. The only specific textual footnote in the regulations references regulation 28 having been amended, with the Gazette date 29 November 1985 p. 4496 noted (end of reg 28). That tells us practice around appointment of staff and remuneration (reg 28(2)) was the focus of amendment, though the reprint does not reproduce the prior text for direct comparison. The compilation table confirms this Amendment Regulations 1985 instrument but the Regulations as reprinted at 5 November 2004 contain the amended provision.

Reprint status. The header reiterates that this is a reprint under the Reprints Act 1984 as at 5 November 2004. Reprints canonically consolidate text of the principal instrument and any amendments listed. The Compilation table is included in the reprint and lists both the principal instrument and the November 1985 amendment. No subsequent amendments or later reprints appear in the reprint material provided.

Implications for interpretation. The limited amendment history recorded suggests the Regulations were materially stable after the 1985 amendment at least up to the reprint date. Reg 28’s amendment indicates that pay/entitlement arrangements or staffing provisions required refinement shortly after initial gazettal. Any further changes after 5 November 2004 would not be captured by this reprint, and practitioners should check current legislation databases for subsequent amending instruments.

No other amendments recorded in the reprint. The Compilation table lists only the 1985 principal and the 29 November 1985 amendment. There is no mention in the reprint text of later modifications. The Defined terms list at the end aligns with reg 2 (definitions for Chief Electoral Officer, election, office, Railways Commission, regulation, subregulation, Union, Weekly Notice), showing those definitions have not been moved or expanded in the included amendments.

Practical consequence for users. Anyone relying on these Regulations for practice or compliance should confirm they are consulting a current version of the instrument beyond the 2004 reprint and must check if any later amending statutes have altered timing, eligibility, forms, payment rates, or the linkage to Legislative Assembly election laws. The reprint indicates a concise amendment history up to 1985, but it does not guarantee that subsequent changes were not made after 5 November 2004.

No cases or litigation references in the instrument. The Regulations themselves do not cite any judicial decisions nor do they include a schedule or note of litigation. The reprint and compilation table included in the text make no reference to cases, appeals, or precedent interpreting these Regulations.

Consequences of no recorded litigation. The absence of litigation references in the text does not necessarily mean that related disputes have not occurred; it simply indicates the instrument, as provided, contains no record of judicial treatment. Disputes concerning election administration under these Regulations (for example, disputes about the CEO’s admission or rejection of ballots, roll accuracy, or timing issues) would be handled through applicable administrative law channels and any relevant appeal or review mechanisms in the Industrial Relations Act and general judicial review, but those paths are not detailed here.

Areas likely to generate disputes if litigation occurred. Based on the procedural rules in the Regulations, issues that could give rise to challenge include: the CEO’s satisfaction to issue replacement ballots under reg 19; the CEO’s determination that an envelope is “not in order” per reg 23(1)(f); a contention that ballots were improperly rejected under reg 23(2) for lacking initials, bearing identifying marks, or not being marked in accordance with reg 20; disputes over the eligibility cutoff date for inclusion on the roll (reg 12(a)); and the CEO’s exercise of discretion in modifying Legislative Assembly rules when applying reg 14(1).

Practical steps recommended where litigation is a risk. While the Regulations do not document any litigation, practitioners preparing for possible disputes should ensure careful contemporaneous record-keeping by the CEO and Union: publishing and archive copies of notices (Weekly Notice and daily newspaper notices, regs 7, 16); retention of the electoral roll and signatures on outer envelopes consistent with any applicable privacy regimes (reg 17; reg 23); written reasons or notes for decisions to reject or admit ballots (reg 23(4)-(5)); and documented handling of replacement ballots (reg 19). These steps will reduce factual dispute and assist judicial review or administrative appeals if they arise.

Verification requirement for current status. Because the reprint is as at 5 November 2004 and the instrument lists amendments only up to 1985, anyone who needs to cite litigation history or judicial interpretation should check current consolidated legislative services and legal databases for any decisions that post-date this reprint.

Timing traps. Several short deadlines are hard-edged and create operational risk. The date for the close of nominations must be not later than 21 days after first publication of the nomination notice in the Weekly Notice (reg 7(3)). The Union must furnish the electoral roll no later than 7 days after close of nominations (reg 11). Membership entitlement for roll inclusion is fixed at the status 14 days before the close of nominations (reg 12(a)). Those overlapping windows require coordinated calendar management. Missing any of those deadlines risks invalid nominations, an inaccurate roll, delayed issuance of ballots, or logistical failure to meet the prescribed poll close , and late returned ballots are excluded (reg 21(2)).

Secrecy versus identification paradox. The Regulations enshrine a two-envelope system intended to keep ballot papers secret (reg 17; reg 23(1)(e)). However, the outer envelope must contain the elector’s full name and signature and the outer envelope is checked against the roll (reg 17(c)(ii); reg 23(1)(a)-(c)). This means that identifying information is collected and retained during verification before the sealed inner envelopes are placed in the ballot box. That mechanism preserves ballot secrecy only to the extent that the CEO preserves separation and integrity of the inner (ballot) and outer (identifying) elements; the Regulations do not specify retention rules or destruction periods for outer envelopes or signatures. Practitioners should note that the procedure creates a linkable record while the administrative process unfolds.

Dependency on external electoral law. Reg 14(1) imports the laws that govern Legislative Assembly elections “with such modifications as are necessary.” That creates interpretive dependency on a broader body of law. Where the Regulations are silent, the CEO must determine how to apply or modify Legislative Assembly rules. The lack of explicit modifications in the instrument can generate uncertainty about which specific Legislative Assembly rules apply and how the CEO will modify them. Practitioners must cross-reference the current Legislative Assembly electoral statutes to identify obligations, offences, and detailed counting rules that the Regulations import.

Ballot informalities and small technicalities. Ballot papers are to be rejected as informal if the CEO’s initials are missing, the ballot bears identifying marks, or it is not marked according to the specified voting requirements (reg 23(2)). Because the instrument requires the initials of the CEO or a facsimile on the ballot paper (reg 17(a)), any printing error that omits initials could lead to wholesale informal votes. That places operational risk on the CEO’s print and distribution process.

Overview checklist. To comply with these Regulations, the central actors (Union, candidates, Chief Electoral Officer and staff) should operationalise the requirements as follows. Cross-reference the regulation numbers in brackets.

1. Trigger and notification (reg 5-6)

   • On receipt of any written request to submit a name to the Minister, the Union must notify the Chief Electoral Officer forthwith (reg 5).
   • The CEO must cause an election to be held on receipt of that notification (reg 6).
   • Maintain a dated log of the request and the notification to the CEO to prove timeliness.

2. Publication of nomination notice and timing (reg 7)

   • CEO publishes a notice in the Railways Commission Weekly Notice as soon as possible after receipt of notification (reg 7(1)).
   • The notice must state: office title, where nomination forms are available, place for lodging nominations, and commencement and close dates/times for nominations (reg 7(1)(a)-(d)).
   • Ensure nomination closing date is no later than 21 days after first publication in the Weekly Notice (reg 7(3)).
   • If Minister’s request specified both member and deputy member seats were sought, hold separate but simultaneous elections for each office (reg 7(2)).

3. Nomination form and handling (reg 8)

   • Prepare a written nomination form that requires: candidate’s written statement of willingness to serve, and signatures of two Union members (reg 8(1)(a)-(c)).
   • Keep a procedure for accepting nominations and immediately notify any candidate whose nomination does not conform; non-conforming nominations render the person ineligible (reg 8(2)-(3)).
   • Allow candidates to withdraw in writing before the close, and maintain a withdrawal log (reg 8(4)).

4. Electoral roll preparation and inspection (regs 11-13)

   • Union must prepare and deliver the electoral roll within 7 days of nomination close (reg 11).
   • Roll must list persons who were members 14 days before close of nominations, ordered by place of employment and alphabetically by surname/given name and consecutively numbered (reg 12).
   • Provide mechanisms for members to inspect the roll during reasonable hours while the election is in progress (reg 13); track authorisations for inspections.