Industrial Relations (Union Elections) Regulations 1980

The regulatory text relies on a short set of recurring functional concepts that establish the election architecture. Key concepts are returning officer, electoral roll, ballot paper and counterfoil, private post office box, scrutineer, duplicate ballot paper, and preservation/custody of records. Each term carries operational consequences in procedure and compliance.

• Returning officer. The returning officer is the central actor for implementing the regulations. He or she is authorised to determine office titles, terms, committee composition, candidate and voter eligibility, nomination timing and places, ballot timing and places, ballot form where union rules do not, the counting method where rules do not, and to carry out the count and declaration of results (regulations 5, 6, 11, 14 and 19). The returning officer checks counterfoils against the electoral roll, marks the roll, removes and stores ballot envelopes until scrutiny, endorses rejected papers with reasons, and seals preserved records (regulation 19 and regulation 21).

• Electoral roll. The electoral roll for the election is the union’s register of members referred to in section 63 of the Act, provided to the returning officer (regulation 12(1)). The roll must be updated after receipt to include persons who become entitled to vote and to delete those who cease to be entitled (regulation 12(2) and (3)). The returning officer adds consecutive numbers against names, and the roll must be made available for inspection during ordinary business hours until the result is declared (regulation 12(4)).

• Ballot paper and counterfoil. Ballots are postal in form. Each ballot packet must include an initialled ballot paper, an inner envelope marked “ballot paper”, and an outer envelope addressed to the returning officer that may serve as the counterfoil or include a separate numbered counterfoil (regulation 15(2)). The counterfoil is expressly numbered to coincide with the voter’s consecutive number on the electoral roll and records the office(s), full name, address and signature of the voter (regulation 15(3)).

• Private post office box, or Electoral Commission post box. The regulations require reception of returned ballot material into a permanent Electoral Commission post office box if the Electoral Commissioner conducts the election, or into a private post office box used exclusively for the purpose if the Electoral Commissioner is not involved or if the union conducts its own election (regulation 13). The private box must be used exclusively for the election and envelopes are to be placed unopened in locked and sealed ballot boxes until counting (regulation 17).

• Scrutineers. Candidates may appoint scrutineers in writing not less than seven days prior to the close of the ballot (regulation 18(1)). A scrutineer may inspect issuance and counting processes, call attention to irregularities, and perform union‑rule functions; however the returning officer may exclude a scrutineer for interruption or failure to comply with lawful directions, and the scrutineer must comply with directions (regulation 18(4) to (6)).

• Duplicate ballot papers. If a ballot paper or return envelope is not received, or is lost, destroyed or spoilt, the returning officer may issue a duplicate upon written application before the close of the ballot that declares the applicant has not voted (regulation 16).

• Preservation and custody. After the count, the returning officer and the union’s committee of management must provide for preservation of nomination papers, formal and informal ballot papers, counterfoils, envelopes received after close, the marked electoral roll, unused ballot papers and other election documents, in separate sealed containers endorsed with the union and office name, sealed, signed and dated, and kept for not less than one year (regulation 21).

Other procedural concepts include the minimum notice and nomination periods (regulation 7), the rule that a single candidate is declared elected on expiry of nominations (regulation 9), and the default counting method where union rules are silent, namely plurality or "the candidate with the largest number of votes shall be elected" (regulation 14(3)(d)). The Schedule contains Form 1 for an appeal to the Full Bench from a Registrar’s decision (regulation 4 and the Schedule).

These concepts together describe a system that is premised on postal voting with numbered counterfoils linked to a supplied register, returning officer control over unresolved rules and logistical decisions, scrutineer oversight subject to return officer control, and an explicit record preservation regime.

The regulations assign tasks and rights to a narrow set of institutional participants and to various classes of individuals inside unions. Primary affected parties are unions (including their committees of management), the returning officer and Registrar, the Electoral Commissioner if engaged, members and prospective candidates, printers and postal service operators, and scrutineers.

• Unions and committee of management. A union must supply the returning officer with the register of members required by s 63 of the Act, which becomes the electoral roll for the election (regulation 12(1)). The union must update that roll by supplying additions and deletions after initial receipt (regulation 12(2) and (3)). The union, in consultation with the returning officer, must preserve custody of electoral records after the election, including nomination papers, ballot papers, counterfoils and the marked roll, and must store them in sealed containers for at least one year (regulation 21). The Secretary or President is the authorised signatory to make an application for exemption from the application of s 57 of the Act, supported by a statutory declaration (regulation 22).

• Returning officer and Registrar. The returning officer is the operational decision maker who determines nomination and ballot timetables, ballot form where rules do not, eligibility questions where union rules are silent or cannot be complied with, and conducts the count and makes the declaration of result (regulations 5, 6, 11, 14 and 19). The Registrar receives requests under s 69 and decisions of the Registrar are appealable to the Full Bench via Form 1 (regulations 3 and 4).

• Electoral Commissioner and electoral staff. An election may be conducted by the Electoral Commissioner under the Electoral Act 1907 or by an officer under that Act authorised by the Commissioner. Where that occurs, the returning officer must use the permanent Electoral Commission post office box for receipt of ballot papers (regulation 13(1)).

• Members and electors. Members whose names appear on the electoral roll are to be issued ballot material posted to the address shown on the roll, the return postage is to be without expense to the voter, and the counterfoil records identifying details, including signature (regulation 15(1) and (3)). Members also have inspection rights of the roll at the returning officer’s office during ordinary hours until declaration of the result (regulation 12(4)).

• Candidates and nominators. Prospective candidates must sign their nomination signifying willingness to accept office, and nominations must be signed by the number of persons required under the union rules (regulation 8(1)). A nominated person may withdraw by signed notice witnessed by an elector before the close of nominations (regulation 8(2)). If only one candidate is nominated by close of nominations, the returning officer declares that candidate elected (regulation 9).

• Scrutineers. Candidates may appoint scrutineers in writing not less than seven days prior to the close of ballot; scrutineers can attend counting and direct attention to irregularities (regulation 18). Scrutineers must follow returning officer directions and may be removed for interruption or non‑compliance, the only prescribed monetary penalty being $40 for failing to comply with a direction to leave (regulation 18(5) and (6)).

• Printers and postal service providers. Printers must provide a certificate stating the number of ballot papers printed (regulation 14(4)). The returning officer must post ballot material by prepaid post and provide return postage at no expense to voters; returned envelopes are handled through a permanent or private post office box dedicated to the election (regulations 15(1) and 13).

Who pays. The regulations specify that the returning officer must provide for the return of ballot papers without expense to the voter (regulation 15(1)), so the operational costs of postage fall to the returning officer or the entity conducting the election; where the union conducts its own election, the union will need to bear the costs associated with printing, postage, and private post box hire. The union must also provide the register of members and preserve records, which imposes administrative costs on the union.

Who decides. The returning officer decides matters listed in regulation 5 where union rules are silent or cannot be complied with. The Registrar exercises discretion under reg 3 to accept late requests for conduct of an election. The Electoral Commissioner may be engaged to conduct an election under the Electoral Act 1907. The Full Bench is the appellate body for Registrar decisions under s 69(12) and regulation 4. Candidates, electors and unions have rights to perform particular actions (nominate, vote, appoint scrutineers, inspect the roll, and apply for exemptions) within the framework the regulations prescribe.

The regulations distribute specific duties and confer procedural and participatory rights. Below is a consolidated, clause‑referenced statement of the principal duties and rights to observe when conducting or participating in an election under section 69 of the Act.

Duties of the returning officer

• Accept or reject late requests for conduct of election as practicable (regulation 3, which permits the Registrar to accept late requests and deems them timely if practicable). The returning officer acts under the Registrar’s mandate.
• Determine titles, terms, committee composition, eligibility criteria and voter eligibility where union rules do not provide or cannot be complied with (regulation 5).
• Determine times and places for nomination periods and the place for lodging nominations with regard to various timing factors and union rules (regulation 6).
• Publish a notice inviting nominations in a newspaper circulating widely in the State not less than 14 and not more than 21 days before the nomination commencement, and ensure a nominations period of at least seven days (regulation 7(1) and (1)(e)); also comply, if practicable, with alternative union rule publication mechanisms (regulation 7(2)).
• Issue ballot papers by prepaid post to each elector whose name appears on the roll, and provide for return postage without expense to the voter (regulation 15(1)); ensure each envelope contains the initialled ballot, inner ballot envelope and counterfoil (regulation 15(2)); obtain a printer’s certificate of number printed (regulation 14(4)).
• Use the Electoral Commission post box when the Electoral Commissioner conducts the election, or a private exclusive post box otherwise, for receipt of returned ballots (regulation 13).
• Check counterfoils against the electoral roll, mark the roll, secure ballot envelopes until counterfoils are checked, open ballot envelopes only when counterfoils are checked and cleared, and then proceed to count (regulation 19(1)).
• Replace and endorse rejected voting papers with reasons and preserve them for not less than one year (regulation 19(2) and regulation 21).
• Reject ballots as informal if they lack the returning officer’s initials or facsimile, contain identifying marks, or are not marked substantially in accordance with instructions (regulation 19(3)).
• Declare the result in accordance with union rules where practicable, otherwise provide written notice to the union’s registered office (regulation 20).

Duties of unions and committee of management

• Provide the returning officer with the register of members per s 63 to form the electoral roll, and supply updates for additions and deletions after the roll is received (regulation 12(1)-(3)).
• Consult with the returning officer and make provision for preservation and custody of election documents in separate sealed containers endorsed appropriately, retained for not less than one year after the election (regulation 21).
• Where the union wishes exemption from section 57 of the Act, ensure the application is made by the Secretary or President in writing and accompanied by a statutory declaration confirming authority and truth of information (regulation 22).

Rights and entitlements of members and candidates

• Members listed on the electoral roll have a right to be posted ballot material to the address on the roll and to return their ballot without cost (regulation 15(1)).
• Candidates must sign their own nomination to signify willingness to accept office, and nominations must meet the required number of nominators per union rules (regulation 8(1)). A nominated person may withdraw by signed notice before the close of nominations (regulation 8(2)).
• Each candidate may appoint scrutineers by written notice to be given to the returning officer at least seven days before the close of the ballot (regulation 18(1)). Scrutineers have the right to be present during opening and counting and to direct attention to irregularities (regulation 18(4)).
• Where only one candidate is nominated for an office by the close of nominations, that person is declared elected by the returning officer without a ballot (regulation 9).

Procedural rights to appeal and oversight

• An appeal against a decision of the Registrar under s 69(12) is to be made in the prescribed form, Form 1 in the Schedule, which requires particulars of matters and grounds appealed (regulation 4 and the Schedule).
• Scrutineers may be given written notice of the date and time of opening of the ballot box or private box so they can be present (regulation 18(2) and (3)).

Administrative details that encode duties and rights

• Ballot paper ordering follows the union’s rules where possible; where silent, the surname alphabetical order governs placement on the ballot paper (regulation 14(2)). Where union rules do not provide for counting, plurality governs (regulation 14(3)(d)).
• The returning officer must obtain from the printer a certificate stating the number of ballot papers printed (regulation 14(4)); the counterfoil must be numbered to coincide with the voter’s consecutive number on the roll and contain specified identifying fields (regulation 15(3)).

These duties and rights create a procedural chain: the union provides the roll and preserves records; the returning officer applies the rules, issues ballots and conducts the count; candidates can monitor by appointing scrutineers and may appeal Registrar determinations to the Full Bench. The allocation of duties places the operational burden of ensuring timely notice, accurate rolls, properly initialled ballots, secure receipt and preservation of materials, and the conduct of a transparent count on the returning officer and the union.

The regulations contain a limited set of explicit enforcement mechanisms and sanctions, together with administrative controls that operate through procedural requirements and record‑keeping. They rely primarily on process enforcement rather than a broad criminal penalty regime.

Express monetary penalty

• The only monetary penalty expressly prescribed in these regulations is $40 for a scrutineer’s failure to obey a direction from the returning officer to leave the place where the scrutiny is being conducted, following interruption of the scrutiny otherwise than in the permitted ways or failure to carry out a lawful request by the returning officer (regulation 18(5) and (6)). The text states “Penalty: $40.00”.

Administrative decisions and powers with coercive effect

• The returning officer has the statutory authority, and corresponding administrative enforcement power, to determine eligibility questions, reject nominations and voting papers, endorse rejected papers with reasons, and declare results (regulations 5, 8, 19 and 20). Those determinations affect who may vote, whose votes are counted, and who is declared elected, which have direct legal and practical consequences for office holders.
• The returning officer can instruct scrutineers to leave where they disrupt the scrutiny or fail to follow lawful requests (regulation 18(5) and (6)). While the monetary penalty attached is modest, the direct power to exclude observers carries immediate practical force.

Record preservation and evidentiary consequences

• The regulations require that nomination papers, ballot papers (formal and informal), counterfoils, envelopes received after close, the marked electoral roll, and unused materials be preserved in sealed containers and retained for not less than one year after the election (regulation 21). This imposes an evidentiary duty that facilitates any subsequent challenge, appeal, or audit. Failure to preserve documents may undermine the union’s ability to defend elections or enable effective review, although the regulations do not prescribe a specific penalty for failing to preserve records.

Appeals and judicial type review

• Decisions of the Registrar under s 69 of the Act are appealable to the Full Bench in the form prescribed (regulation 4 and the Schedule). The availability of appeal is the principal route to review of Registrar determinations. The regulation supplies the form for such appeal, which requires particulars and grounds, thus enforcing procedural particularity in challenges.

Custody and chain of custody

• The custody and preservation rules (regulation 21) create administrative obligations; they also allocate custody to the union in consultation with the committee of management, which has implications for transparency and potential disputes about handling. The returning officer seals and dates containers, which provides a contemporaneous chain of custody. There is no explicit criminal sanction for tampering contained in these regulations, leaving legal consequences for misconduct to be found in other instruments or common law.

Limited criminalisation within these regulations

• There are no broad criminal offences or heavy statutory fines for mishandling an election contained in this instrument. The regulatory enforcement architecture is therefore administrative: control through process, record‑keeping obligations, limited penalties for scrutineer misbehaviour, and appeal rights for parties dissatisfied with Registrar decisions.

Interaction with other enforcement regimes

• The regulations refer to other provisions of the Act, such as section 57 (from which a union may seek exemption under regulation 22) and section 63 (register of members forming the electoral roll). Enforcement consequences for contravening those sections, including any sanctions in the Act, are not restated in these regulations; therefore enforcement of substantive offences or breaches outside the specific procedural penalty in regulation 18 depends on the Act and other laws.

In short, enforcement under these regulations is primarily procedural and administrative. The returning officer’s powers to validate, reject, endorse and declare, together with the mandated preservation of records and the ability to appeal Registrar decisions, constitute the principal enforcement mechanisms. Only one modest monetary penalty is specified in the text.

These regulations operate as subordinate legislation under the Industrial Relations Act 1979 and cross‑reference and interact with specific statutory provisions and with the Electoral Act 1907. Where the regulations refer to other statutes or to union rules they create an operational overlay that interfaces with those instruments.

Primary statutory scaffold: Industrial Relations Act 1979

• The regulations implement procedural aspects of elections authorised by section 69 of the Act, with multiple explicit references to “an election under section 69 of the Act” (regulation 3, and implicit throughout). The electoral roll is defined by reference to the register of members required by section 63 of the Act (regulation 12(1)). Regulation 22 provides the form and process for a union’s application for exemption from the application of section 57 of the Act in respect of an election.

• The regulations frequently defer to the union’s rules. Where the rules of a union provide for relevant matters, the returning officer must comply with those rules so far as practicable (see regulation 7(2), regulation 14(1) and (3)(c) which require that ballot paper instructions “shall comply with the rules of the union as far as possible”). Conversely, regulation 5 grants the returning officer power to determine key matters where union rules are silent or cannot be complied with. This creates a layered governance model: union rules take priority in content, but the regulations supply defaults and a mechanism for external resolution when rules are absent or impractical.

Electoral Act 1907 and Electoral Commissioner role

• Regulation 13 contemplates two distinct operational models for conduct of the poll: by the Electoral Commissioner under the Electoral Act 1907 (or by an officer or person authorised in writing by the Commissioner), or by the union conducting its own election. Where the Electoral Commissioner conducts the election, the returning officer must use the permanent Electoral Commission post office box for receipt of ballot papers (regulation 13(1)(a)). Where the union conducts its own election, the returning officer must use a private post office box used exclusively for that purpose (regulation 13(2)). Thus the regulations explicitly bridge the Industrial Relations election framework and the Electoral Commissioner’s machinery under the Electoral Act 1907.

Other statutory interactions

• The regulations’ requirements for record retention, sealing and preservation (regulation 21) potentially interact with other statutory obligations governing records management, privacy law, and evidence, though the regulations themselves do not cite those regimes. Information recorded on the counterfoil includes full name, address and signature (regulation 15(3)), which intersects with privacy and personal data considerations under other applicable law.

Appeals and judicial process

• Regulation 4 prescribes the form of an appeal to the Full Bench under section 69(12) of the Act from a Registrar’s decision. The Schedule provides the text of Form 1 to be used in such appeals. The regulatory framework therefore links to the Industrial Relations Commission’s appellate procedures embedded in the Act.

Interaction with union rules and internal governance instruments

• The regulations expressly require the returning officer to consult and, where practicable, follow the union’s rules in design of ballot papers and counting methods (regulation 14). Where the union’s rules are non‑compliant or deficient, the returning officer may make determinations (regulation 5). This means the regulations act as a procedural backstop to union self‑governance, but do not eliminate union rule primacy where those rules are workable.

Amendment and commencement mechanics

• The compilation table and notes show the regulations have been amended, and that modernisation of terminology has occurred, for example the Act’s short title change and the Industrial Relations Commission’s contemporary name (Compilation notes 1 and 2). The 2024 amendment instruments cited in the compilation table (SL 2024/168, SL 2024/169) affect commencement dates and the current form of certain regulations, for example regulation 1 and regulation 13 are noted as amended (see annotations after those regulations). Users must therefore check the precise text in operation after any amendment dates.

In sum, these regulations are procedural regulations subordinate to the Act and are designed to operate alongside union rules and, where chosen, the Electoral Commissioner’s machinery. They create defaults where union rules are silent, require unions to supply and keep an electoral roll, enable postal balloting through dedicated post boxes, and provide an appeal path to the Commission’s Full Bench for Registrar decisions.

The compilation table and notes included in the text record the legislative timeline and later instrument activity relevant to these regulations.

Origins and primary enactment

• The instrument was originally published as the Industrial Arbitration (Union Elections) Regulations 1980 and commenced on 4 March 1980 (see the compilation table entry citing publication 4 Mar 1980 p. 747‑53 and commencement 4 Mar 1980).

Reprint and subsequent updates

• A reprint is recorded as Reprint 1, which reproduced the Industrial Arbitration (Union Elections) Regulations 1980 as at 16 January 2004. This reprint does not, on its face, indicate substantive policy changes; it provides a consolidated snapshot as at that date.

Change of Act short title and institutional names

• The notes record that what was formerly the Industrial Arbitration Act 1979 was renamed to the Industrial Relations Act 1979 by the Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984 s 4, and the short title reference was updated under the Reprints Act 1984 s 7(3)(gb). The Western Australian Industrial Commission is now the modern name for bodies formerly referenced (note 2). These contextual changes affect cross‑references and the instrument’s descriptive particulars.

2024 amendments

• The compilation table identifies the Industrial Arbitration (Union Elections) Amendment Regulations (No. 2) 2024, cited as SL 2024/168, published 12 August 2024, with commencement noted as r. 1 and r. 2 on 12 August 2024 and other regulations on 13 August 2024 (see compilation table). The notes further state that the Industrial Arbitration (Union Elections) Amendment Regulations 2024 (SL 2024/169) did not come into operation and were repealed by SL 2024/168 on 13 August 2024 (other notes 4). Within the text, annotations at regulation 1 and regulation 13 identify amending references (regulation 1 amended: SL 2024/168 r. 4; regulation 13 amended: SL 2024/168 r. 5). These entries show the instrument has been recently updated and that various commencement dates apply depending on the amendment provision.

Practical implications of amendments

• The presence of 2024 amendments indicates the regulations have been kept under review and adjusted recently. The exact substance of the amendments to regulation 1 and regulation 13 is not described in the body of the text provided beyond the amendment citations; practitioners must consult the amending instrument SL 2024/168 and the consolidated reprint to determine precise drafting changes. The compilation table also records that a 2004 reprint exists, indicating a history of consolidation.

No litigation history recorded in the instrument

• The instrument’s notes and compilation table do not identify any case law or judicial decisions interpreting these regulations; they record only legislative history and administrative name changes. For judicial interpretations one must consult court and tribunal records external to the instrument.

Concluding note on amendment history

• The regulations have a continuous life from 1980 with at least one recent amendment package in 2024 that affected commencement sequencing and individual regulations. Practitioners should consult the consolidated reprint current at the relevant date and the amending instruments themselves when advising on the operative wording at a particular time.

The regulations themselves do not include, and the compilation notes do not list, any judicial or tribunal decisions interpreting their provisions. The Schedule provides the form for appeals to the Full Bench under section 69(12) of the Act (Form 1), but the text does not record any particular appeals or cases. Consequently, the instrument as provided contains no litigation history.

What the instrument does show about dispute resolution

• The text provides the procedural route for challenging Registrar decisions, namely an appeal to the Full Bench in the prescribed form (regulation 4 and the Schedule), which requires the appellant to set out precisely the matters appealed, the proposed variation or setting aside, and to state grounds of appeal with particularity. That procedural pathway is the principal statutory route for contesting administrative decisions taken under the s 69 election process.

Where to look for litigation history

• Any litigation history relevant to these regulations will be found in decisions of the Western Australian Industrial Commission (including its Full Bench) and any superior courts where statutory interpretation or judicial review proceedings were brought in relation to elections conducted under s 69 or the regulations. Cases that test the returning officer’s exercise of discretion, the interpretation of the word “practicable” in regulation 3, disputes about eligibility determinations under regulation 5, challenges to counting methods where union rules are silent, or preservation and custody disputes under regulation 21 would logically be litigated under the dispute resolution pathways the Act provides. The instrument does not supply those cases; practitioners should search tribunal and court databases for decisions concerning elections under section 69, and for Full Bench appeals utilising Form 1.

Limitations of the instrument’s record

• The absence of litigation references in the instrument does not indicate an absence of litigation in practice; it simply reflects that the regulations’ compilation notes are limited to legislative and editorial history. When advising clients, practitioners should therefore undertake an independent case law search for relevant decisions interpreting these regulations or provisions of the Act cited by the regulations.

The regulations contain multiple provisions that create operational pitfalls or tensions that practitioners and administrators commonly need to spot and manage. Below are concrete “gotchas” distilled from the textual mechanics.

Returning officer discretion where union rules are silent or non‑compliant (regulation 5)

• The returning officer is given express authority to determine office titles, terms, committee composition, eligibility criteria for candidates and voters, where union rules provide nothing or cannot be complied with. This centralises sensitive eligibility decisions in a single official. Parties should therefore anticipate administrative determinations on matters that might otherwise be governed by internal union law, and those determinations are appealable only to the Full Bench in the prescribed form. Practitioners must prepare to document arguments about applicability and interpretation of union rules for a return officer determination and a subsequent appeal.

Electoral roll dynamics, inspection and privacy (regulations 12 and 15)

• The electoral roll is the union register provided under section 63 of the Act and becomes the definitive list (regulation 12(1)). The counterfoil attached to each ballot is required to be numbered to match the elector’s consecutive number and to record the elector’s full name, address and signature (regulation 15(3)). This creates a direct link between an elector and a ballot via the counterfoil, which is retained for at least one year (regulation 21). Although the ballot paper is supposed to bear no identifying marks (regulation 14(3)(e)), the counterfoil records identification information, which can present privacy and confidentiality risks. Unions and returning officers must manage storage, access and data protection accordingly, and members should be made aware that counterfoils contain identifying material.

Postal voting logistics, private post box requirement and chain of custody (regulations 13, 15 and 17)

• Postal voting is the default mechanism; the regulations require return without expense to the voter and use of a permanent Electoral Commission post box where the Electoral Commissioner conducts the election or a private exclusive box where not (regulation 13(1)-(2), regulation 15(1)). A private post box must be used exclusively for that purpose, and returned envelopes are to be placed, unopened, into a locked and sealed ballot box until scrutiny (regulation 17). If a union elects to conduct its own election, it must make arrangements for exclusive use of a private box and for timely collection and secure custody. Failure to ensure exclusivity or secure chain of custody can create grounds for challenge and practical risks of misdelivery or tampering.

Counterfoil‑linked voting and the risk of ballot secrecy concerns (regulation 15(3) and regulation 14(3)(e))

• There is a tension between rule 14(3)(e) that tells voters not to put marks identifying them on the ballot paper and the requirement that the counterfoil record the elector’s identity and signature (regulation 15(3)). Practitioners should be alert to complaints that the design of counterfoils weakens ballot secrecy, and to the need to keep ballots and counterfoils physically separate until the point of scrutiny, as the returning officer is required to do, to mitigate risk (regulation 19(1)(b)).

Duplicate ballot paper process and risk of multiple voting (regulation 16)

• Regulation 16 allows issuance of duplicate ballots on written application before close of ballot, with a signed declaration that the applicant has not voted. The procedure does not specify a mandatory verification mechanism beyond any evidence the applicant can provide. There is therefore a potential risk for undetected double voting if declaration systems are not rigorously applied and recorded. Practitioners should ensure strict application of reg 16(2) documentation requirements and cross‑checking against counterfoils during the count.

Scrutineer removal and very small prescribed monetary penalty (regulation 18)

• Scrutineers can be removed for interruption or non‑compliance, with a small fixed penalty of $40 for non‑compliance with a direction to leave (regulation 18(5)-(6)). The modest monetary figure may not deter disruption. The returning officer has authority to exclude scrutineers, so candidates should both appoint alternate scrutineers and be prepared to raise any contest about exclusion promptly using the appeal route available for Registrar decisions where appropriate.

Issuing ballot to persons later deleted from the roll (regulation 15(5))

• Where a ballot paper has already been issued and subsequently the person’s name is deleted from the roll, the person remains deemed entitled to vote (regulation 15(5)). This protects voters who were correctly on the roll when the ballot issued, but it also means unions should carefully time roll updates relative to ballot issuance to avoid disputes and administrative complexity.

Default counting method is plurality where rules silent (regulation 14(3)(d))

• If the union’s rules do not specify the method of counting, the returning officer is to count on the principle that the candidate with the largest number of votes shall be elected (regulation 14(3)(d)). This default may not align with unions that prefer preferential counting methods; practitioners should ensure union rules specify the counting method if different outcomes are intended.

Preservation of materials in union custody (regulation 21)

• The regulations require preservation of election materials “in the custody of the union” in consultation with the Committee of Management, and to seal and sign containers (regulation 21). Since custody is allocated to the union rather than an independent state custodian, disputes about later access, integrity, or chain of custody may arise. Parties should ensure contemporaneous sealing and independent witnesses where possible to reduce contestability.

Appeal form particularity requirement (regulation 4 and Schedule)

• The Schedule’s Form 1 requires that grounds of appeal be set out “with particularity” (Schedule, Form 1). Parties should ensure appeals to the Full Bench are drafted with detailed grounds rather than general assertions to satisfy procedural requirements.

Time constraints and late-request discretion (regulation 3)

• A request to the Registrar for the conduct of an election under s 69 must ordinarily be made not less than one month before nominations commence, but the Registrar may accept late requests if satisfied it is practicable (regulation 3). This provides some flexibility, but late acceptance is dependent on Registrar discretion and assessment of practicability. Unions seeking Registrar conduct should therefore aim to meet the one‑month rule but prepare persuasive evidence of practicability if seeking a late acceptance.

Printer certification requirement (regulation 14(4))

• The returning officer must obtain a certificate from the printer stating the number of ballot papers printed. Failure to obtain this certificate could create an absence of evidence on printed quantities, potentially complicating later forensic inquiries. Practitioners should ensure the certificate is obtained and retained.

In summary, the “gotchas” arise mostly at intersections between union rules and the returning officer’s defaults, timing and sequencing of roll updates and ballot issuance, privacy and secrecy tensions created by counterfoils, postal and custody logistics, limited penalty provisions for scrutineer conduct, and processes for duplicate ballots. Managing these requires careful sequencing, documentation, strict application of identity and issuance checks, and advance drafting of union rules to reduce reliance on regulatory defaults.

This section provides a practical, clause‑referenced compliance checklist aimed at returning officers, unions and candidates. It organises actions by phase, with references to the regulations for verification.

Pre‑election planning and requesting conduct under s 69

• Request timing: If the union seeks the Registrar to conduct the election under section 69, make the request not less than one month before the commencement of the nominations period (regulation 3). If a late request is necessary, supply evidence demonstrating practicability and be prepared to show the Registrar how the election can be conducted in time (regulation 3).
• Decide who will conduct the poll: confirm whether the Electoral Commissioner will be engaged under the Electoral Act 1907, or whether the union will conduct its own election under these regulations (regulation 13).

Returning officer determinations and engagement with union rules

• Review union rules carefully: identify where rules set titles, terms, committee composition, candidate eligibility and voter eligibility. Where rules are silent or cannot be complied with, prepare to exercise the returning officer’s determinations under regulation 5 and document reasons for each determination.
• Timetable: select nomination commencement and close dates, and ballot commencement and close dates, taking account of the expiry date of current officeholders’ terms and postal timeframes (regulations 6 and 11). Ensure the nomination period is not less than seven days (regulation 7(1)(e)).

Notices and nominations

• Publish notice inviting nominations in a newspaper circulating widely in the State not less than 14 and not more than 21 days before the commencement of the nominations period. Include name of union, title of office, form of nominations, place for lodging nominations, and times and dates (regulation 7(1)).
• If the union’s rules require publication in another form, publish the notice in that form as well if practicable (regulation 7(2)).
• Ensure nomination forms are signed by the candidate and the required number of nominating persons as per the union rules, and keep signed nominations in custody (regulation 8(1)). Allow for withdrawal of consent by signed notice witnessed by an elector before close of nominations (regulation 8(2)).
• If only one candidate is nominated by the close, issue a declaration that the candidate is elected in accordance with regulation 9.

Electoral roll: supply, update and inspection

• The union must provide the returning officer with the register of members under s 63 to form the electoral roll (regulation 12(1)). The returning officer should immediately number the roll consecutively against each name.
• Ensure the union supplies additions and deletions that arise after the roll is received, and promptly update the roll in accordance with regulations 12(2) and (3).
• Make the electoral roll available for inspection at the returning officer’s business premises to members or persons authorised by the returning officer during ordinary business hours until the result is declared (regulation 12(4)). Keep accurate records of inspection requests to establish transparency.

Ballot paper production and packet contents

• Determine ballot paper form following union rules where available, otherwise set a form consistent with regulation 14. If union rules do not specify the order of candidate names, order them alphabetically by surname and given name if surnames are identical (regulation 14(2)). Include on the ballot paper the matters specified in regulation 14(3), including title, close time, instructions for formal votes, prohibition on identifying marks and clear sealing/posting instructions.
• Obtain a written certificate from the printer stating the number of ballot papers printed and retain that certificate (regulation 14(4)).
• Ensure each ballot pack contains an initialled ballot paper (or a facsimile of initials), an inner envelope marked “ballot paper”, and an outer envelope addressed to the returning officer (which may serve as the counterfoil or contain a separate numbered counterfoil) (regulation 15(2)). Ensure counterfoils are numbered to match the elector’s number on the roll and include the office(s), full name, address and signature fields (regulation 15(3)).

Issuing and receiving ballots

• Post ballot material by prepaid post to the elector’s address shown on the roll, ensuring return postage is provided at no expense to the voter (regulation 15(1)). Include an instruction on the outside envelope about return if not delivered to the addressee (regulation 15(4)).
• If a ballot paper was issued and later the elector is deleted from the roll, note that the elector remains entitled to vote if issued before deletion (regulation 15(5)).
• Where a ballot paper or return envelope has not been received, or has been lost, destroyed or spoilt, accept written application for a duplicate before the close of ballot including a declaration that the applicant has not voted and any available evidence of non‑receipt (regulation 16).

Postal logistics and custody

• If the Electoral Commissioner conducts the election, arrange use of the permanent Electoral Commission post office box for receipt of returned ballots (regulation 13(1)). If the union conducts the election, secure a private post office box for exclusive use for the election (regulation 13(2)). Keep the private box exclusive to the election purpose.
• Ensure that all envelopes addressed to the private box and received before close are placed unopened into a locked and sealed ballot box allocated to the election and kept in safe custody until opening in accordance with regulation 17(1). For union‑conducted elections, collect envelopes at the close of ballot and proceed immediately to the place of count (regulation 17(2)).

Scrutineers and notice

• Candidates should appoint scrutineers by written notice to the returning officer not less than seven days before the close of ballot (regulation 18(1)). Provide notice of the opening and counting times in writing to scrutineers so they can be present (regulation 18(2) and (3)).
• Scrutineers are entitled to be present while ballots are opened and counted and to draw attention to irregularities (regulation 18(4)). The returning officer may remove a scrutineer for interruption or non‑compliance and direct them to leave; scrutineers must comply with lawful directions (regulation 18(5) and (6)). Consider appointing alternates.

Counting and rejection rules

• Before counting, check each counterfoil against the member’s name on the roll and mark the roll if papers are in order, remove the sealed ballot paper envelope from the outer envelope and place ballot paper envelopes unopened in a separate container, then only when all counterfoils are checked and cleared, open ballot paper envelopes and proceed with the count (regulation 19(1)).
• If voting papers are rejected, place counterfoil and inner ballot envelope back in the outer envelope, endorse “rejected” with the reasons, and set aside for safe keeping (regulation 19(2)).
• Reject as informal any ballot paper lacking the returning officer’s initials, with identifying marks, or not marked substantially in accordance with the ballot instructions (regulation 19(3)). If a scrutineer objects to admission or rejection, the returning officer must decide the matter and endorse the decision on the ballot paper (regulation 19(4)).

Declaration, recordkeeping and preservation

• Declare results in accordance with union rules where practicable, or by written notice to the union’s registered office (regulation 20(1)-(2)). When declaring, provide the statistics required in regulation 20(3), including numbers issued, formal, informal, duplicates, unused, printer’s certificate number and votes for each candidate.
• Preserve nomination papers, ballot papers (formal and informal), counterfoils, envelopes received after close, the marked electoral roll, and unused materials in separate containers endorsed with union and office, sealed, signed and dated, and retained for not less than one year after the election (regulation 21). Keep contemporaneous records of sealing, signatories and storage locations.

Exemption applications

• If the union seeks exemption from section 57 of the Act for an election, ensure the Secretary or President signs the application in writing and attaches a statutory declaration confirming authority and truth of information (regulation 22).

Appeals and disputes

• If disputing a Registrar decision under s 69(12), file an appeal to the Full Bench using Form 1 in the Schedule; ensure particulars of what is sought and detailed grounds of appeal are set out with particularity (regulation 4 and the Schedule). Ensure time limits and any procedural rules in the Act and the Commission’s practice directions are observed.

Administrative and risk controls

• Obtain and retain the printer’s certificate of the number of ballot papers printed (regulation 14(4)). Keep records of postage, collection from the private post box, custody of ballot boxes and the presence of scrutineers to evidence chain of custody (regulation 17 and regulation 21).
• To mitigate privacy/secrecy tension, keep counterfoils separate from ballot papers until counterfoil checking is complete and record who had access; adopt secure storage and limited access protocols for the one‑year retention period (regulation 19(1) and regulation 21).

By following these procedural steps and retaining evidence of each compliance action, returning officers and unions can meet the principal legal requirements of these regulations, reduce the risk of successful challenges, and produce contemporaneous documentation to support the conduct and outcomes of elections.