Police Appeal Board (Election) Regulations 2007 (Western Australia)

These regulations set out the procedural machinery for electing a serving member of the Western Australia Police Force to the Police Appeal Board under Police Act 1892, s 33B(2)(c). They convert the selection process into a formal, postal, preferential election and allocate responsibility for running the poll, the roll, ballot forms, counting and record-keeping. Key mechanical effects are:

Who runs the election: the Electoral Commissioner may appoint a returning officer to conduct the election (regulation 4(1)). If no appointment is made six weeks before the expiry day, the secretary of the Police Union of Workers of Western Australia automatically becomes the returning officer (regulation 4(2)). The Electoral Commissioner or that returning officer may appoint assistants (regulation 4(3)-(4)), subject to a prohibition that appointees cannot be candidates or eligible voters (regulation 4(5)).
Timing and start point: the secretary must request the Electoral Commissioner to conduct the election at least two months before the expiry day (regulation 3). The returning officer fixes nomination opening and closing dates (regulation 5) and, if an election is necessary, fixes the date for issuing postal ballot papers and the closing date and time of the ballot (regulation 13).
Method of voting: elections are held by postal ballot only (regulation 14) using preferential voting; the counting method follows the Electoral Act 1907 procedure for Legislative Assembly elections (regulation 25(1)-(2)). The returning officer determines the order of candidate names by lot (regulation 16(2)).
Nomination and candidate material: nominations must be on Form 1, signed by the candidate and contain the name to be used on the ballot; nominations may include a candidate profile subject to strict content and length limits (regulations 7 and 8). A candidate must be a member of the Police Force (regulation 6(2)(f)).

CrestWestern Australia

Police Act 1892

Police Appeal Board (Election) Regulations 2007

Western Australia

Police Appeal Board (Election) Regulations 2007

Contents

Citation 1
Terms used in these regulations 1
Request for election 2
Returning officer and other officers 2
Time and place for nominations 3
Notice of election 3
Nominations 3
Candidate’s profile 4
Withdrawal of nomination 5
Candidate elected unopposed 5
No candidate nominates 5
Death of candidate 6
Fixing of dates relating to the election 6
Election to be held by postal ballot 7
Electoral roll 7
Form of ballot paper and ballot paper envelope 8
Form of declaration 9
Issue of ballot papers 9
Issue of duplicate ballot paper or ballot paper envelope 10
How to mark ballot paper 10
Ballot Box 10
Scrutineers 11
Post Office box for receipt of ballot papers 12
Scrutiny 12
Method of count 13
Informal ballot papers 14
Recount of ballot papers 14
Declaration of result 14
Preservation and custody of election material 15
The Police Appeal Board Regulations amended 16

Schedule 1 — Forms

Nomination by candidate 17
Appointment of scrutineer 18

Notes

Compilation table 19

Defined terms

Western Australia

Police Act 1892

Police Appeal Board (Election) Regulations 2007

1. Citation

	These regulations are the *Police Appeal Board (Election) Regulations 2007*.

2. Terms used in these regulations

In these regulations, unless the contrary intention appears —

assistant means a person appointed under regulation 4(3) or (4);

Board has the meaning given to that term in the Act section 33A;

election means the election of a member of the Police Force to be a member of the Board under the Act section 33B(2)(c);

Electoral Commissioner has the meaning given to that term in the Electoral Act 1907 section 4(1);

expiry day means the day on which the member’s office referred to in the Act section 33B(2)(c) becomes vacant by the effluxion of time;

Form, if followed by a number, means the form of that number in Schedule 1 completed in accordance with these regulations;

member means a person elected under the Act section 33B(2)(c);

notice of election means the notice published or sent under regulation 6(1);

returning officer, in relation to an election, means the person appointed or holding office as returning officer under regulation 4(1) or (2);

scrutineer means a person appointed under regulation 22(1);

secretary means the person appointed under the Act section 33D to be secretary to the Board.

3. Request for election

Not less than 2 months before the expiry day, the secretary is to request the Electoral Commissioner to conduct the election.

4. Returning officer and other officers

(1) On receipt of a request under regulation 3, the Electoral Commissioner may appoint a returning officer to be responsible for conducting the election.

(2) If the Electoral Commissioner has not appointed a returning officer on or before the day 6 weeks before the expiry day, the secretary of the Police Union of Workers of Western Australia is by virtue of the operation of this subregulation the returning officer responsible for conducting the election.

(3) If the Electoral Commissioner appoints a returning officer under subregulation (1), the Electoral Commissioner may appoint other officers to assist the returning officer to conduct the election.

(4) If the secretary of the Police Union of Workers of Western Australia is the returning officer by virtue of the operation of subregulation (2), the secretary may appoint other persons to assist him or her to conduct the election.

(5) A person must not be appointed under subregulation (1), (3) or (4) if the person is a candidate, or a person eligible to vote, in the election.

5. Time and place for nominations

(1) The returning officer must, having regard to —

(a) the expiry day; and

(b) the time required to lodge nominations; and

determine the dates and times for opening and closing the period for lodging nominations of candidates for the election.

(2) The returning officer must determine the place at which nominations of candidates for the election must be lodged.

6. Notice of election

(1) The returning officer must, not less than 14 days and not more than 21 days before the opening date for lodging nominations for an election, cause notice of the election to be —

(a) published in the Police Gazette; or

(b) sent to all members of the Police Force by post.

(2) The notice of election must —

(a) state that the election is to be conducted; and

(b) invite persons to nominate as a candidate for the election; and

(d) give details of the place where nominations must be lodged; and

(e) specify the opening and closing dates and times for the period for lodging nominations; and

(f) state that a candidate must be a member of the Police Force.

7. Nominations

(1) The nomination of a person as a candidate for the election —

(a) must be made in the form of Form 1; and

(b) must be signed by the person; and

(c) must specify the candidate’s name to be used on the ballot paper, which must include the candidate’s surname and one or more of the candidate’s given names; and

(d) must be lodged at the place specified in the notice of election; and

(e) must be lodged —

(i) after the date and time specified in the notice of election for the opening of nominations; and

(ii) before the date and time specified in the notice of election for the close of nominations;

and

(f) may be accompanied by a candidate’s profile prepared in accordance with regulation 8.

(2) The returning officer may reject a nomination that does not conform with subregulation (1)(a) to (e).

(3) Before rejecting a nomination under subregulation (2), the returning officer may, by notice in writing to the person who nominated as a candidate, give the person an opportunity to remedy the defect within a period specified by the returning officer in the notice.

8. Candidate’s profile

A candidate’s profile —

(a) must be in the English language and must not contain more than 150 words; and

(b) must be confined to biographical information about the candidate and a statement of the candidate’s policies or beliefs; and

(d) must include the candidate’s name in the form in which he or she has asked for it to be used on the ballot paper and details of an address where he or she can be contacted; and

(e) may include other contact details such as a telephone number or email address; and

(f) may include a photograph (passport size) of the proposed candidate’s head or head and shoulders, taken not less than 6 months before the date of the nomination.

9. Withdrawal of nomination

A candidate for an election may, by notice in writing signed by the candidate and lodged with the returning officer before the date and time specified in the notice of election for the close of nominations, withdraw the person’s nomination and the nomination is taken to have been withdrawn accordingly.

10. Candidate elected unopposed

If only one candidate duly nominates for the election, the returning officer is to declare that candidate elected unopposed.

11. No candidate nominates

If no candidate duly nominates for the election, the returning officer is to recommence the election process by —

(a) determining the dates and times for opening and closing the period for lodging nominations of candidates for the election and the place at which nominations of candidates for the election must be lodged in accordance with regulation 5; and

(b) causing a notice of election to be published in accordance with regulation 6.

12. Death of candidate

(1) If a candidate dies before the date and time specified in the notice of election for the close of nominations, his or her name must not be included in the ballot paper for the election and the election may proceed.

(2) If a candidate dies after the date and time specified in the notice of election for the close of nominations but before postal votes are dispatched, voting must not take place for the election and a fresh election must be held.

(3) If a candidate dies after the dispatch of postal votes but before the close of polling —

(a) votes must not be counted in respect of the election; and

(b) the ballot papers must be placed in a sealed parcel and a fresh election must be held.

(4) If the candidate elected dies after the close of polling but before the declaration of the poll, the candidate with the second highest number of votes recorded in his or her favour after the distribution of preferences, if any, is to be declared elected.

(5) If under this regulation a fresh election must be held, the returning officer is to —

(a) determine the dates and times for opening and closing the period for lodging nominations of candidates for the election and the place at which nominations of candidates for the election must be lodged in accordance with regulation 5; and

(b) cause a notice of election to be published in accordance with regulation 6.

13. Fixing of dates relating to the election

If more than one candidate duly nominates for the election, the returning officer is to —

(a) hold an election; and

(b) fix the date for issuing ballot papers and the date and time of the close of the ballot having regard to —

(i) the expiry day; and

(ii) the time required to send and return ballot papers by post; and

(iii) the time required to complete the election.

14. Election to be held by postal ballot

An election is to be held by postal ballot.

15. Electoral roll

(1) The date and time for the close of the electoral roll is the date and time for the close of the period for lodging nominations.

(2) The electoral roll, which is a list of all members of the Police Force, must be certified by the secretary as containing the correct names and addresses of the members.

(3) If an election is to be held, the secretary is to provide the returning officer, immediately following the close of the period for lodging nominations, with a certified copy of the electoral roll for the election in the format specified by the returning officer.

(4) After the electoral roll is provided to the returning officer, the secretary is to provide the returning officer with the name and address of any person who has been omitted in error from the roll and the returning officer must add that person’s name and address to the electoral roll.

(5) The secretary is to provide the returning officer with the name of any person who ceases to be a member of the Police Force after the electoral roll is provided to the returning officer and the returning officer must delete that person’s name and address from the electoral roll.

(6) The returning officer is, from the day on which the electoral roll is provided until the day on which the result of the election is declared, to cause the roll to be made available for inspection by members of the Police Force at the offices of the returning officer during normal office hours.

16. Form of ballot paper and ballot paper envelope

(1) A ballot paper must be printed on security paper.

(2) The returning officer is to draw lots to determine the order in which the candidates names are to be placed on the ballot paper.

(3) The returning officer is to include on the ballot paper information and instructions to the voter with respect to the following matters —

(a) the title of the office to which the election relates;

(b) the names of the candidates as determined in accordance with subregulation (2);

(d) how to mark the ballot paper in order to record a formal vote.

(4) The returning officer is to include on or attached to the ballot paper envelope information and instructions to the voter with respect to the following matters —

(a) placing the ballot paper, when completed, in the envelope marked “ballot paper envelope” and then to seal that envelope;

(b) completing the details on the declaration in the form specified in regulation 17 attached to the ballot paper envelope;

(d) sealing the envelope addressed to the returning officer and posting it to reach the returning officer before the time of the close of the ballot.

(5) The returning officer is to obtain from the printer of the ballot papers a certificate stating the number of ballot papers printed.

17. Form of declaration

The declaration must contain —

(a) the full name of the elector; and

(b) the address of the elector; and

(d) the nature of the election; and

(e) provision for the elector to declare, by placing his or her signature in the space provided, that he or she is the elector named on the declaration.

18. Issue of ballot papers

(1) As soon as practicable after the date fixed under regulation 13 for issuing ballot papers in respect of the election, the returning officer is to send by post to each person whose name appears on the electoral roll at the address shown on the roll in a sealed envelope —

(a) a ballot paper; and

(b) an envelope marked “ballot paper envelope”; and

(d) candidates’ profiles; and

(e) a reply‑paid envelope —

(i) that is addressed to the returning officer at the box used under regulation 23; and

(ii) that may be posted without expense by the voter.

(2) The sealed envelope referred to in subregulation (1) must bear an instruction that, if it is not delivered to the addressee, it should be returned to the box referred to in subregulation (1)(e)(i).

19. Issue of duplicate ballot paper or ballot paper envelope

(1) If, on an application before the time of the close of the ballot in an election, the returning officer is satisfied that a ballot paper or ballot paper envelope issued to a person whose name is on the electoral roll has not been received or has been lost, destroyed or spoilt, the returning officer is to issue to that person a duplicate ballot paper, or ballot paper envelope, as the case may be.

(2) An application under subregulation (1) must —

(a) be made in writing; and

(b) set out the grounds on which the application is made; and

20. How to mark ballot paper

(1) Voting is to be by means of a preferential ballot.

(2) If there are 2 nominations only, a person is to mark his or her vote on the ballot paper by placing the numeral 1 opposite the name of the candidate for whom he or she votes.

(3) If there are more than 2 nominations, a person is to —

(a) mark his or her vote on the ballot paper by placing the numeral 1 opposite the name of the candidate for whom he or she votes as his or her first preference; and

(b) give contingent votes for all the remaining candidates by placing the numerals 2, 3 and so on, as the case requires, opposite their names, so as to indicate by such numerical sequence the order of his or her preference.

21. Ballot Box

(1) The returning officer is to provide such ballot boxes as are necessary for the election.

(2) Before a ballot box is used to take reply‑paid envelopes for the election that have been sent to the returning officer, the returning officer is to satisfy himself or herself that it is empty and then secure it with a security device in a way that ensures that nothing can be removed from it without breaking the security device.

(3) When a reply‑paid envelope for the election is received by the returning officer, the returning officer or an assistant is to place the envelope in a ballot box provided for that purpose.

(4) The ballot box is to remain secured by the security device until the close of the ballot.

22. Scrutineers

(1) Each candidate for the election may, by notice given to the returning officer in the form of Form 2 before the close of the ballot, appoint a scrutineer to represent the candidate at the counting of votes.

(2) A scrutineer must make a declaration in the form of the declaration in Form 2.

(3) A scrutineer may —

(a) be present while the returning officer carries out his or her functions under regulations 24, 25 and 27; and

(b) direct the attention of the returning officer to —

(i) any irregularity relating to the issue of ballot papers; and

(ii) the admission of any envelope to scrutiny; and

(iii) the admission of a ballot paper as formal; and

(iv) the rejection of a ballot paper as informal; and

(v) the counting of the vote.

(4) A scrutineer must not touch a ballot paper or an envelope containing a ballot paper.

(5) If a scrutineer —

(a) interrupts the scrutiny otherwise than in accordance with subregulation (3); or

(b) fails to make a declaration under subregulation (2); or

the returning officer may direct the scrutineer to leave the place where the scrutiny is being conducted.

(6) A scrutineer must not refuse or fail to comply with a direction given by the returning officer under subregulation (5).

Penalty: a fine of $100.

23. Post Office box for receipt of ballot papers

The returning officer must use, for the purpose of receiving ballot papers in respect of the election —

(a) if the returning officer is appointed under regulation 4(1), the Western Australian Electoral Commission post office box; or

(b) if the returning officer is the returning officer by virtue of the operation of regulation 4(2), the Police Union of Workers of Western Australia post office box; or

24. Scrutiny

(1) As soon as practicable after the close of the ballot, the returning officer must, in the presence of any scrutineer who wishes to attend, produce and open the ballot box.

(2) The returning officer or an assistant must —

(a) remove ballot paper envelopes from the reply‑paid envelopes; and

(b) check the declaration attached to the ballot paper envelope; and

(c) reject any ballot paper envelope if the declaration attached to it does not comply with regulation 17(a) to (d) or the elector has not completed it in accordance with regulation 17(e).

(3) If not satisfied as to the matters referred to in subregulation (2), the returning officer or an assistant is to make a record on the ballot paper envelope of its rejection without opening the envelope or allowing it to be opened.

(4) If satisfied as to the matters referred to in subregulation (2), the returning officer or an assistant is to —

(a) mark off the name on the electoral roll of the person who completed the declaration attached to the ballot paper envelope; and

(b) remove the declaration attached to the ballot paper envelope; and

(d) proceed with the scrutiny and counting of votes.

25. Method of count

(1) The method of counting the ballot papers is the preferential system.

(2) The method and procedure for conducting the count is as provided in the Electoral Act 1907 for Legislative Assembly elections.

(3) If on any count 2 or more candidates have received the same number of votes, the returning officer is to draw lots to determine which candidate’s preference votes are to be distributed first.

(4) The returning officer may, from time to time, adjourn the scrutiny and count to a day and hour fixed or to be fixed by the returning officer.

(5) If the returning officer adjourns the scrutiny and count, he or she must notify the candidates and scrutineers of the day and time to which scrutiny and count is adjourned.

26. Informal ballot papers

(1) The returning officer must reject as informal a ballot paper that —

(a) is not printed on security paper; or

(b) is not marked substantially in accordance with the instructions on the ballot paper.

(2) If, during the scrutiny, a scrutineer informs the returning officer that the scrutineer objects to a ballot paper being admitted as formal or rejected as informal, the returning officer must decide the matter and endorse his or her decision on the back of the ballot paper.

(3) The returning officer is the sole and final judge of whether or not a ballot paper is formal or informal.

27. Recount of ballot papers

(1) At any time before the declaration of the poll, the returning officer may, if he or she thinks fit, at the request of a scrutineer, or of his or her own volition, recount the ballot papers.

(2) The returning officer in conducting the recount has the same powers as if the recount was the count and may reverse any decision in relation to the scrutiny as to the admission or rejection of a ballot paper.

28. Declaration of result

(1) The returning officer is to declare the result of the election by giving written notice of the result to the secretary.

(2) The returning officer’s notice of the result given to the secretary in respect of the election is also to declare —

(a) the number of ballot papers printed, as certified by the printer; and

(b) the number of ballot papers (other than duplicate ballot papers) issued; and

(d) the number of unused ballot papers; and

(e) the number of ballot paper envelopes rejected under regulation 24(2); and

(f) the number of ballot papers admitted as formal; and

(g) the number of ballot papers rejected as informal; and

(h) the number of votes admitted as recorded in favour of each candidate; and

(i) the number of votes recorded in favour of the last 2 candidates after any distribution of preferences.

29. Preservation and custody of election material

(1) On the completion of the counting of votes, the returning officer is to give the following items to the secretary —

(a) all nomination papers;

(b) all ballot papers admitted as formal;

(d) all declarations removed from ballot paper envelopes;

(e) all reply‑paid envelopes received after the close of the ballot;

(f) the marked electoral roll against which the declarations were checked;

(g) all unused ballot papers, declarations and other documents prepared in connection with the election.

(2) Before giving the secretary the items referred to subregulation (1), the returning officer is to place them in a container sealed by the returning officer and with a label signed and dated by the returning officer showing that items in the container relate to the election.

(3) The secretary is to retain the container for a period of not less than one year after the date of the election.

30. The Police Appeal Board Regulations amended

(1) The amendments in this regulation are to the Police Appeal Board Regulations*.

[* Reprint1 as at 3 December 2004.]

(2) Regulation 2 is amended by deleting the definitions of “Appendix” and “returning officer”.

(3) Regulations 3, 4, 5 and 6 are repealed.

(4) The Appendix is repealed.

Schedule 1 — Forms

[r. 7(1)(a), 22(1)]

Nomination by candidate

NOMINATION FOR ELECTION FOR MEMBER OF THE POLICE APPEAL BOARD
Candidate’s details
Title Surname
Given names
Name requested to be shown on ballot paper
Postal address No. Street name
Suburb/Town Postcode
Telephone numbers (H) (W)
Fax number Email
Signature of candidate Date / /
Nominations must be received by the returning officer before (date and time for the close of nominations to be inserted here), the date and time for the close of nominations.
(Name and address of returning officer to be inserted in this box) (Telephone and facsimile number and email address (if any) of the returning officer to be inserted in this box)

Appointment of scrutineer

APPOINTMENT OF SCRUTINEER FOR THE ELECTION OF MEMBER OF THE POLICE APPEAL BOARD
Candidate’s details
Title Surname
Given names
Postal address No. Street name
Suburb/Town Postcode
I appoint the following person as a scrutineer for the above election.
Signature of candidate Date / /
Scrutineer’s details
Title Surname
Given names
Postal address No. Street name
Suburb/Town Postcode
Telephone numbers (H) (W)
Fax number Email
I DECLARE that I will observe the election processes and comply with lawful directions given by the returning officer.
Signature of scrutineer Date / /

Notes

1 This is a compilation of the Police Appeal Board (Election) Regulations 2007. The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Police Appeal Board (Election) Regulations 2007	16 Mar 2007 p. 953‑75	16 Mar 2007

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

assistant 2

Board 2

election 2

Electoral Commissioner 2

expiry day 2

Form 2

member 2

notice of election 2

returning officer 2

scrutineer 2

secretary 2

Western Australia

Police Act 1892

Police Appeal Board (Election) Regulations 2007

Western Australia

Police Appeal Board (Election) Regulations 2007

Contents

Citation 1
Terms used in these regulations 1
Request for election 2
Returning officer and other officers 2
Time and place for nominations 3
Notice of election 3
Nominations 3
Candidate’s profile 4
Withdrawal of nomination 5
Candidate elected unopposed 5
No candidate nominates 5
Death of candidate 6
Fixing of dates relating to the election 6
Election to be held by postal ballot 7
Electoral roll 7
Form of ballot paper and ballot paper envelope 8
Form of declaration 9
Issue of ballot papers 9
Issue of duplicate ballot paper or ballot paper envelope 10
How to mark ballot paper 10
Ballot Box 10
Scrutineers 11
Post Office box for receipt of ballot papers 12
Scrutiny 12
Method of count 13
Informal ballot papers 14
Recount of ballot papers 14
Declaration of result 14
Preservation and custody of election material 15
The Police Appeal Board Regulations amended 16

Schedule 1 — Forms

Nomination by candidate 17
Appointment of scrutineer 18

Notes

Compilation table 19

Defined terms

The regulations operate through a handful of repeated concepts that structure the process. Understanding these concepts explains how decisions are allocated and what administrative inputs are required.

Returning officer and assistants: The returning officer is the central decision maker for the election. The Electoral Commissioner may appoint one (regulation 4(1)). If the Electoral Commissioner does not appoint a returning officer by the specified deadline, the Police Union secretary becomes the returning officer by operation of the regulations (regulation 4(2)). Assistants can be appointed to help conduct the election (regulation 4(3)-(4)). The returning officer exercises many functions including setting nomination dates and places (regulation 5), rejecting defective nominations after offering an opportunity to remedy defects (regulation 7(2)-(3)), arranging ballot papers and envelopes (regulation 16), issuing ballots (regulation 18), conducting scrutiny and count (regulations 24-25), and declaring results (regulation 28). The regulations bar appointment of a person who is a candidate or an eligible voter as returning officer or assistant (regulation 4(5)).
Electoral roll and expiry day: The electoral roll is a certified list of all members of the Police Force for the purposes of the election (regulation 15(1)-(3)). The roll is fixed at the close of nominations; the secretary certifies the roll and must supply it to the returning officer immediately after close of nominations (regulation 15(1)-(3)). The “expiry day” is the date the office becomes vacant by effluxion of time; the secretary must request the Electoral Commissioner at least two months before that day (regulation 3).
Postal preferential ballot: The election is a postal ballot (regulation 14). Voting is preferential: where there are only two candidates, voters mark a single number 1; where there are more than two candidates voters must number all candidates in order of preference (regulation 20). Ballot papers must be printed on security paper; order of names is determined by lot (regulation 16(1)-(2)). Ballots are dispatched with a ballot paper envelope, candidates’ profiles and a reply‑paid envelope addressed to the returning officer (regulation 18).
Candidate nomination and profile: Nominations must be made on Form 1, signed by the nominee, and specify the name to be used on the ballot (regulation 7(1)(a)-(c)). Candidate profiles are optional but tightly constrained: English only, maximum 150 words, limited to biography and policies or beliefs, single A4 page and may include a passport size photograph no older than six months (regulation 8).
Scrutiny and counting: The returning officer is responsible for scrutiny and counting (regulation 24). Scrutineers may be appointed by candidates and have defined limited rights to observe, object and draw attention to irregularities, but must not touch ballots or envelopes and must make a declaration (regulation 22). The counting follows the preferential system as applied for Legislative Assembly elections under the Electoral Act 1907 (regulation 25).
Formality and finality: The returning officer is the sole and final judge of whether a ballot paper is formal or informal (regulation 26(3)). The returning officer may recount on request of a scrutineer or on their own volition and may reverse scrutiny decisions during a recount (regulation 27).

These concepts allocate significant operational discretion to the returning officer while embedding certain safeguards such as required certification of the roll by the secretary, the availability of scrutineers and specific procedural requirements for ballots and declarations. The regulation text makes clear which documents are determinative and which steps are procedural check points for counting and record keeping (for example the list of items to be sealed and handed to the secretary after counting in regulation 29).

The regulations specify a limited and defined set of affected parties, and the roles and obligations each must perform.

Members of the Police Force: only serving members of the Police Force are eligible to be candidates (regulation 6(2)(f)). The electoral roll is a list of all Police Force members for voting purposes; the roll is closed at the close of nominations (regulation 15(1)-(3)). Members who appear on the certified electoral roll receive the postal ballot materials (regulation 18(1)). Members may be affected as electors required to complete the declaration with name, address and identifying number (regulation 17), and to vote by the preferential method (regulation 20).
Candidates for election: candidates must be serving Police Force members (regulation 6(2)(f)). They must sign Form 1 and specify the name to be used on the ballot paper (regulation 7(1)). Candidates may supply a candidate profile within strict limits (regulation 8). They may withdraw nominations in writing before nominations close (regulation 9). If only one candidate nominates, that person is declared elected unopposed (regulation 10). Death of a candidate triggers different outcomes depending on timing (regulation 12).
Returning officer and assistants: the returning officer conducts the election and has a broad range of choices and powers, including determinating nomination periods and place, rejecting defective nominations subject to an opportunity to rectify, issuing and reissuing ballots, running the scrutiny and count, recounting and declaring results (regulations 4, 5, 7, 18, 19, 24-28). Assistants may perform many of these functions but must not be candidates or eligible voters (regulation 4(5)).
Electoral Commissioner and Western Australian Electoral Commission: the Electoral Commissioner may be asked by the secretary to conduct the election and may appoint a returning officer and other officers to assist (regulations 3-4). When the Electoral Commissioner appoints the returning officer, the returning officer must use the Western Australian Electoral Commission post office box to receive ballot papers (regulation 23(a)). The Electoral Commissioner’s role is therefore supervisory and optional; if the Commissioner does not act by the six-week point, the Union secretary defaults into the returning officer role (regulation 4(2)).
Police Union of Workers of Western Australia and its secretary: the Union secretary becomes the returning officer by operation of the regulations if the Electoral Commissioner has not appointed a returning officer by six weeks before the expiry day (regulation 4(2)). In that scenario the secretary may appoint assistants (regulation 4(4)) and must use the Police Union post office box for receipt of ballot papers (regulation 23(b)). The secretary also has the statutory duty to certify the electoral roll and provide the certified copy to the returning officer immediately following close of nominations (regulation 15(2)-(3)). The secretary receives returned election materials and must retain them for at least one year (regulation 29).
Printers and postal service: ballot papers must be printed on security paper and the returning officer obtains a certificate of the number printed (regulation 16(1), (5)). Ballots are sent by post and reply‑paid envelopes must be provided so electors can post without expense (regulation 18(1)(e)). The returning officer must use specified post office boxes for receipt of ballot papers (regulation 23).
Scrutineers: appointed by candidates on Form 2 before the close of the ballot (regulation 22(1)). Scrutineers must make a declaration and are entitled to observe and direct attention to irregularities but must not touch ballots. Failure to comply with a lawful direction from the returning officer or other specified misconduct leads to a penalty and potential exclusion (regulation 22(5)-(6)).

The regulations therefore concentrate procedural responsibilities in the returning officer and the secretary, with electors and candidates participating primarily through nomination, profile submission and casting postal preferential votes. The Electoral Commissioner and the Police Union are the institutional fallback and operational administrators. The regulations do not stipulate funding or cost-bearing arrangements; they specify roles and the limited circumstances in which institutional responsibility shifts (regulation 4(1)-(2)).

The regulations allocate explicit duties and confer limited rights across the stakeholders. The allocation emphasises administrative duties for the returning officer and the secretary, and voting rights for Police Force members.

Duties

Secretary: the secretary must request the Electoral Commissioner to conduct the election at least two months before the expiry day (regulation 3). The secretary must certify the electoral roll as correct and supply a certified copy in the format specified by the returning officer immediately following close of nominations (regulation 15(2)-(3)). After providing the roll, the secretary must advise the returning officer of any omissions or any person who ceases to be a member, so the returning officer can amend the roll (regulation 15(4)-(5)). After completion of the counting, the secretary receives sealed election materials from the returning officer and must retain them for at least one year (regulation 29(1)-(3)).
Returning officer: on receiving the request, the Electoral Commissioner may appoint a returning officer; the returning officer must determine the nomination period and place having regard to the expiry day and time needed to lodge nominations and conduct the election (regulation 5). The returning officer must give notice of the election in the Police Gazette or by post to all Police Force members between 14 and 21 days before nominations open (regulation 6(1)). The returning officer may reject non‑conforming nominations but must first give the nominator an opportunity to remedy defects (regulation 7(2)-(3)). The returning officer fixes the ballot issue date and close of ballot (regulation 13). They must prepare ballots on security paper, draw lots for order of names, include specified information and obtain a printer’s certificate (regulation 16). The returning officer issues ballot packs by post to every person on the roll (regulation 18), may issue duplicate papers on written application where original is lost and the applicant declares they have not voted (regulation 19), and is responsible for receiving reply‑paid envelopes in a secured ballot box (regulation 21). After close of the ballot the returning officer conducts scrutiny and counting, rejects non‑compliant envelopes, marks the roll, opens ballot paper envelopes and proceeds with the count, applying the Electoral Act counting procedure, resolving ties by lot, and declaring the result to the secretary (regulations 24-25, 28). The returning officer is the sole final judge of ballot formality and may recount (regulations 26-27).
Candidates: must lodge nomination on the prescribed form, sign it and specify the name to appear on the ballot. They may provide a candidate profile that obeys language, content and length limits (regulations 7-8). Candidates may withdraw in writing prior to close of nominations (regulation 9). If only one candidate nominates they are declared elected unopposed (regulation 10).
Electors (Police Force members): are entitled to receive ballot material and to vote by post in accordance with preferential marking instructions (regulations 18, 20). Each elector must complete the declaration showing name, address and identifying number and sign that they are the elector named on the declaration (regulation 17). Electors have a right to inspect the electoral roll at the returning officer’s office during normal hours between roll provision and declaration of result (regulation 15(6)).

Rights of scrutiny and limits

Scrutineers appointed by candidates have rights to be present during scrutiny and count, to direct attention to irregularities relating to issuance of ballot papers, admission of envelopes or classification of ballots, and to observe the counting (regulation 22(3)). They must make a declaration and must not touch ballot materials (regulation 22(2), (4)). The returning officer may remove a scrutineer for interrupting scrutiny improperly, for failing to make the declaration, or for touching ballot materials; failure to follow a direction to leave is an offence (regulation 22(5)-(6)) with a prescribed fine of $100.
Candidates and scrutineers can request recounts before declaration (regulation 27(1)). The returning officer has authority to recount and to reverse scrutiny decisions during a recount (regulation 27(2)).

Discretion and finality

The returning officer has final authority on formality, rejection of ballots and decisions in scrutiny (regulations 24-26). Ties are resolved by lot (regulation 25(3)). The returning officer must provide a detailed written notice of results including counts, printed ballot numbers, issued/unused/duplicate counts and numbers of formal and informal ballots (regulation 28(2)(a)-(i)).

The distribution of duties concentrates operational authority in the returning officer and the secretary while providing limited participatory rights for candidates (nomination, profile, withdrawal), electors (vote and inspection of roll) and scrutineers (observe and object). The regulations prescribe specific, enforceable procedural requirements and a single enforcement friction point for scrutineers (a $100 fine for non‑compliance).

The regulations include narrow and specifically worded enforcement measures and identify who enforces election procedure through administrative powers rather than criminal sanctions, except for a single specified penalty.

Penalties in the text

Scrutineer conduct: regulation 22(6) prescribes a penalty of a fine of $100 for a scrutineer who refuses or fails to comply with a direction given by the returning officer under regulation 22(5). The conduct that can attract a direction includes interrupting scrutiny other than in accordance with the permitted activities, failing to make the prescribed declaration, or touching a ballot paper or envelope (regulation 22(5)). The regulation thus establishes one statutory monetary penalty applying only to scrutineers for non‑compliance with returning officer directions.
Rejection of ballots and envelopes: the regime provides administrative enforcement in the returning officer’s discretion. For example, the returning officer or an assistant may reject a ballot paper envelope where the attached declaration does not comply with the prescribed requirements (regulation 24(2)-(3)). Rejection is effected by recording the rejection on the envelope without opening it if not satisfied as to required matters (regulation 24(3)). These are administrative decisions rather than penal sanctions.
Exclusion from observation: the returning officer may direct a scrutineer to leave if they interrupt scrutiny inappropriately, fail to make the required declaration, or touch ballot materials (regulation 22(5)). Failure to comply with such a direction attracts the statutory fine under regulation 22(6).
Finality of the returning officer’s decisions: the returning officer is the sole and final judge of whether ballots are formal or informal (regulation 26(3)). This finality limits formal recourse within the procedural scheme immediately after the count. The returning officer may recount at a scrutineer’s request or on their own volition (regulation 27), and during recounts can reverse prior scrutiny decisions (regulation 27(2)). The text offers administrative review within the election process but does not create specified internal appeal pathways beyond recount requests.

Who enforces

The returning officer enforces compliance with election-formalities during the course of the election. The returning officer rejects non‑conforming nominations (after opportunity to remedy), issues duplicate ballots subject to declaration, secures ballot boxes and supervises opening, scrutiny and counting; they also implement the $100 penalty by exercising the direction power over scrutineers (regulations 7(2)-(3), 19(1)-(2), 21, 22, 24-28).
The secretary enforces post‑election retention obligations by receiving sealed election materials and retaining them for not less than one year (regulation 29).

Absent criminal offences

The regulations otherwise do not prescribe criminal or civil penalties for most procedural failures. Errors such as omission from the electoral roll are addressed administratively by the secretary providing names omitted in error to the returning officer for addition (regulation 15(4)). Death of a candidate and its electoral consequences are set out as procedural rules (regulation 12), not as offences. There is no express civil sanction for returning officer errors within the regulations; the document relies on procedural provisions, the returning officer’s administrative powers and external legal remedies (not created by these regulations) for any legal challenge.

Record preservation as enforcement support

Regulation 29 requires the returning officer to place all election materials in a sealed container and deliver them to the secretary, who must retain them for at least one year. This record-keeping requirement supports transparency and creates a documentary basis for any post‑election scrutiny, complaints or litigation that may follow.

In sum, enforcement under these regulations is primarily administrative, centred on the returning officer and the secretary, with only a single prescribed monetary penalty for scrutineers. The regulations vest discretion in the returning officer for many dispositive questions and require preservation of materials that could enable external legal review, but do not set out a structured appeal or sanctioning regime beyond the internal recounts and returning officer directions.

The regulations operate as subordinate legislation under the Police Act 1892 and expressly reference and rely on provisions of the Electoral Act 1907. The text creates procedural interfaces with both pieces of legislation and with the institutional functions of the Western Australian Electoral Commission.

References to the Police Act 1892

The regulations implement election mechanisms for the member of the Police Appeal Board elected under Police Act 1892 section 33B(2)(c). Defined terms such as Board and secretary refer back to the Act (regulation 2). Several duties in the regulations explicitly rely on roles conferred by the Act, for example the secretary’s role is the person appointed under Police Act s 33D to be secretary to the Board (regulation 2). The regulations thus function as procedural rules for an appointment process created by the Act; they do not alter substantive eligibility or appointment criteria set out in the Act.

References to the Electoral Act 1907 and the Electoral Commissioner

The Electoral Commissioner is defined with reference to the Electoral Act 1907 section 4(1) in the regulations (regulation 2). The regulations require that the returning officer, if appointed under the Electoral Commissioner, use the Western Australian Electoral Commission post office box for receipt of ballot papers (regulation 23(a)). More substantively, the method and procedure for conducting the count is to be as provided in the Electoral Act 1907 for Legislative Assembly elections (regulation 25(2)). This imports the Electoral Act counting procedures wholesale for the purposes of this police election. The regulations do not reproduce or amend the Electoral Act, but they incorporate its counting rules by reference.
The Electoral Commissioner plays an optional but central role: the secretary must request the Electoral Commissioner to conduct the election (regulation 3), and if the Electoral Commissioner appoints a returning officer, that officer is likely to be a person aligned with the Electoral Commission’s processes. If the Electoral Commissioner does not act within a strict timeline, the regulations provide for the Police Union secretary to assume the returning officer role (regulation 4(2)). The regulations therefore create an interface where public electoral infrastructure can run the election, but provide for a private institution fallback.

Interaction with the Police Appeal Board Regulations

Regulation 30 makes explicit amendments to the existing Police Appeal Board Regulations. It deletes certain definitions, repeals regulations 3-6 of the earlier instrument and repeals the Appendix. The schedule and notes indicate that this instrument replaced or restructured parts of the prior regulations, but the amendments are confined to the Police Appeal Board Regulations themselves.

Operational interactions

The requirement that ballots be printed on security paper and that the returning officer obtain a printer’s certificate (regulation 16(1), (5)) will interact with procurement, printing and privacy laws and policies governing secure document printing and handling. The requirement to post reply‑paid envelopes that can be posted without expense (regulation 18(1)(e)) involves interaction with postal regulations and commercial postal arrangements.
The returning officer’s use of the Electoral Commission post office box when appointed under the Electoral Commissioner connects administrative logistics and trust in handling returned envelopes to the Commission’s processes (regulation 23(a)).

Limits of interaction

The regulations explicitly incorporate the Electoral Act counting provisions but do not purport to displace other statutory protections or remedies that may exist under the Police Act, the Electoral Act or general law. They do not create or reference appeal routes under the Electoral Act; for any external legal challenge (for example alleging unlawful disenfranchisement or administrative error), parties would likely need to rely on remedies outside these regulations, such as judicial review or statutory appeals under the Acts referenced, although those pathways are not specified in this text.

Overall, the regulations are tightly tethered to the Police Act for the substantive office and to the Electoral Act for counting methodology and the Electoral Commissioner’s institutional role. They provide mechanics for an election that can be run by public electoral machinery or, in default, by the Police Union secretary, linking administrative practices across institutional boundaries.

The instrument includes its own short amendment narrative and a compilation note. The amendment and commencement history is straightforward and self-contained within the regulations and its notes.

Original instrument and commencement: The Notes record that these regulations are the Police Appeal Board (Election) Regulations 2007, gazetted 16 March 2007 and commencing on 16 March 2007; the compilation table records the gazettal and commencement dates (Notes: Compilation table).
Amendments made to the Police Appeal Board Regulations: Regulation 30 provides specific amendments to the Police Appeal Board Regulations (the earlier subordinate instrument). It does so by:
- Deleting the definitions of “Appendix” and “returning officer” from regulation 2 of the earlier regulations (regulation 30(2)).
- Repealing regulations 3, 4, 5 and 6 of the earlier regulations (regulation 30(3)).
- Repealing the Appendix of the earlier regulations (regulation 30(4)).
- Note text indicates the amendments relate to the Police Appeal Board Regulations, Reprint 1 as at 3 December 2004.
No subsequent amendments recorded in the material provided: The Notes only present the initial compilation and the amendment steps in regulation 30. There are no further amendments, disallowances or transitional modifications recorded in the provided materials.

Practical implications of the amendment provisions

The instrument replaces or supersedes parts of the prior Police Appeal Board Regulations by excising certain definitions and provisions, likely to avoid duplication or conflict between the election procedure set out in this instrument and the earlier regulation framework. The repeal of the earlier regulations and Appendix suggests a consolidation of election-specific procedure into this dedicated instrument.
The compilation note confirms the single-stage gazettal and commencement on 16 March 2007. There is no text in this instrument indicating staged commencement for particular provisions.

Limitations of the amendment history recorded here

The provided materials do not record any later amendments, repeal, or judicial interpretation since the 2007 commencement. Any further changes after the compilation date or case law engaging these regulations are not contained in the source supplied. For later developments a practitioner should check the consolidated regulations database and the reprint history for subsequent variations.

In short, this instrument came into force on 16 March 2007 and simultaneously made targeted amendments to the earlier Police Appeal Board Regulations, deleting several provisions and the Appendix to centralise election procedure in this regulation.

The supplied instrument contains no references to litigation, case law or judicial interpretations of the regulations. It names no cases and does not identify any judicial decisions that interpret, apply or challenge these regulations.

What the instrument discloses and what it does not

No cases cited: the regulations themselves and the Schedule and Notes do not cite any judicial decisions or appeals.
No internal challenge mechanism recorded: the text sets administrative processes for recounts and scrutiny but does not set out judicial review or appeal mechanisms within the instrument. Any legal challenges would therefore sit outside the instrument and would rely on general law or the Acts referenced, but the instrument does not record any such proceedings.
For up-to-date litigation history practitioners should search court databases, legal reporting services and the consolidated legislation repository for decisions mentioning the Police Appeal Board (Election) Regulations 2007, the Police Appeal Board Regulations or the Police Appeal Board itself. The provided material does not supply that research.

How to interpret the absence of litigation references

The lack of litigation history in the instrument is to be expected; subordinate legislation normally does not include case annotations or litigation summaries. Absence does not indicate that disputes have not occurred; it only records that this instrument itself does not compile litigation. Any assessment of judicial interpretation or enforcement practice must therefore rely on external case law searches.

In short, the instrument contains no litigation history. Practitioners seeking precedent, challenges to returning officer decisions, or judicial review outcomes will need to research external legal databases and reporters for cases engaging the Police Appeal Board election procedure or disputes over returning officer conduct.

The regulations are procedural and compact, but there are several features that produce practical risks, operational choices and compliance pitfalls that practitioners and administrators should notice.

Default returning officer and institutional consequences

If the Electoral Commissioner does not appoint a returning officer on or before the day six weeks before the expiry day, the secretary of the Police Union of Workers of Western Australia becomes the returning officer by operation of regulation 4(2). That mechanism shifts operational responsibility to the Union in a narrowly defined public‑interest function. The regulation restricts assistants from being candidates or eligible voters (regulation 4(5)), but it does not explicitly address other conflicts of interest or resource and funding responsibilities. The instrument does not specify who bears the cost of running the election whether conducted by the Electoral Commission or the Police Union. The practical consequence is that the administrative character of the poll may vary depending on who is acting as returning officer (regulations 4, 23).
The returning officer must use a specified post office box to receive ballot papers: the Western Australian Electoral Commission box if appointed under the Electoral Commissioner and the Police Union box if the Union secretary is the returning officer (regulation 23). That determines where physical ballots are routed and influences chain of custody.

Timing traps

Secretary’s request deadline: the secretary must request the Electoral Commissioner not less than two months before the expiry day (regulation 3). Failure to request in that timeframe may force the Union secretary into the returning officer role if the Commissioner does not act within the six‑week fallback window.
Nomination notice window: the returning officer must give notice of election not less than 14 days and not more than 21 days before opening of nominations (regulation 6(1)). The combined timing obligations create a sequence of deadlines that must align with the expiry day and the time required for postal distribution (regulation 5 and 13). Mistiming may require restarting the process (for example if no candidate nominates, regulation 11).

Electoral roll and roll changes

The electoral roll closes at the close of nominations (regulation 15(1)). The secretary supplies a certified copy of the roll immediately after close of nominations (regulation 15(3)). If a person is omitted in error after that point the secretary must notify the returning officer and the name must be added (regulation 15(4)). Conversely, if a person ceases to be a Police Force member after the roll is provided, the secretary must notify the returning officer who must delete the person’s name (regulation 15(5)). These provisions require close administrative co‑operation and create potential for disputes about eligibility that must be resolved administratively by the returning officer before ballots are issued, or by rejection of ballot paper envelopes during scrutiny if declarations do not comply (regulation 24).

Postal ballot and lost or duplicate ballots

All voting is by postal ballot (regulation 14). The returning officer issues ballot packs containing a ballot paper, ballot paper envelope, candidate profiles, voting instructions and a reply‑paid envelope. Where an elector claims non‑receipt, loss or spoiling of materials the returning officer may issue duplicate ballots on written application that declares the person has not voted (regulation 19). The returning officer must ensure that duplicate ballots are not used to produce double voting; the application must declare the person has not voted, but the regulation does not prescribe further verification steps. The returning officer therefore needs robust procedures to manage duplicate issuance and to mark the roll on acceptance (regulations 18, 19, 24).

Strict profile and nomination rules

Candidate profiles are tightly constrained: 150 words maximum, English only, one A4 page, biographical and policy statements only, may include a passport photo taken not less than six months before nomination (regulation 8). Non‑compliant nominations may be rejected unless the returning officer gives opportunity to remedy (regulation 7(2)-(3)). Practically, incorrect or late profiles and improperly completed nomination forms can cause rejection and possibly loss of candidacy.

Finality of returning officer decisions

The returning officer is the sole and final judge of whether a ballot paper is formal or informal (regulation 26(3)). While recounts can be requested before declaration, the returning officer’s discretion is extensive. Parties planning to challenge a decision should note that the regulation embeds final administrative decision-making and that external remedies would generally require separate legal proceedings.

Death of candidate timing nuances

The consequences of a candidate’s death depend on timing. If death occurs before close of nominations the candidate is simply excluded (regulation 12(1)). If the death occurs after close but before dispatching postal votes a fresh election must be held (regulation 12(2)). If death occurs after dispatch but before close of polling votes must not be counted and the ballot papers are sealed pending a fresh election (regulation 12(3)). If the elected candidate dies after close of polling but before declaration, the candidate with the second highest number of votes after distribution of preferences is declared elected (regulation 12(4)). These timing rules can produce operational complexity and may trigger repetition of the entire process.

Security and custody obligations

Ballot papers must be printed on security paper and the returning officer must secure ballot boxes with a security device and make sure they are empty before use (regulations 16(1), 21(2)). After counting, materials must be sealed with a labelled container and given to the secretary for retention of at least one year (regulation 29). Failure to preserve chain of custody may expose the result to challenge, but the regulations do not prescribe sanctions beyond custodial obligations.

Single‑issue penalty

The only monetary penalty specified in the regulations is the $100 fine for scrutineers who fail to comply with a returning officer direction (regulation 22(6)). There are no explicit monetary penalties for a returning officer’s procedural mistakes, omissions by the secretary, or other misconduct in the election process in this instrument.

In sum, the practical “gotchas” are concentrated around timing, the default to the Police Union secretary as returning officer, the returning officer’s broad discretion and finality, the administrative handling of the roll and duplicates, and the strict candidate profile and nomination requirements. Administrators should document steps carefully and ensure coordination between the secretary and returning officer to reduce procedural risk.

Compliance requires attention to timing, documentary form, security and coordinated administration between the secretary, the returning officer and the electoral printer and postal services. The regulations set out explicit steps; below is a practical checklist framed to align with the provisions and to reduce implementation risk.

Preliminary steps (secretary)

Give the two month request on time: ensure the secretary requests the Electoral Commissioner not less than two months before the expiry day as required by regulation 3. That preserves the option for the Electoral Commissioner to appoint a returning officer and to deploy WAE C resources.
Prepare the electoral roll: certify the electoral roll as containing the correct names and addresses of Police Force members and be prepared to deliver a certified copy to the returning officer immediately following the close of nominations (regulation 15(2)-(3)). Confirm the format required by the returning officer in advance to avoid delays.

If the Electoral Commissioner does not appoint a returning officer

Prepare for the possibility that the secretary becomes the returning officer: if no returning officer has been appointed by six weeks before expiry day, the secretary will be the returning officer by operation of regulation 4(2). Ensure appropriate conflict‑management arrangements, staff appointment processes and secure physical logistics (post office box and ballot handling) are in place.

Nominations and notices (returning officer)

Set nomination dates and place: determine opening and closing dates for nominations with regard to the expiry day and postal timing (regulations 5 and 13). Ensure the nomination opening date is not less than 14 nor more than 21 days after you publish the notice of election (regulation 6(1)).
Publish or post the notice: cause notice of the election to be published in the Police Gazette or sent to all members by post between 14 and 21 days before nominations open (regulation 6(1)). The notice must include all elements listed in regulation 6(2): invitation to nominate, where to obtain the form, where to lodge nominations, opening and closing dates and times, and a statement that a candidate must be a Police Force member.
Use Form 1 for nominations: insist on nominations made in Form 1, signed by the candidate, specifying the ballot name. Offer written notice of defects with a defined remedy period before rejecting any nomination (regulations 7(1)-(3)).

Candidate profile and ballot logistics

Enforce profile limits: accept only candidate profiles that meet regulation 8: English, maximum 150 words, confined to biography and policies or beliefs, on single A4 page, with requested ballot name and contact address; optionally include passport photo no older than six months.
Arrange secure printing: order ballot papers printed on security paper and obtain a printer’s certificate stating the number printed (regulation 16(1), (5)). Confirm the format and security measures with the printer in advance.
Conduct lot for order of names: draw lots to determine candidate order on the ballot paper and retain a record of how the lot was conducted (regulation 16(2)).

Issuing ballots and postal procedures

Prepare ballot packs: include in the sealed envelope to each elector a ballot paper, “ballot paper envelope”, voting instructions, candidate profiles and a reply‑paid envelope addressed to the returning officer that can be posted without expense (regulation 18(1)). Envelopes should include return instructions for undelivered items (regulation 18(2)).
Manage duplicate ballot requests: accept written applications for duplicate ballots that set out grounds and include a declaration that the applicant has not voted. Log each duplicate issued and mark the roll on acceptance (regulation 19).

Security, reception and custody

Provide ballot boxes and security devices: ensure ballot boxes are empty, secure them with tamper‑evident security devices and maintain chain of custody from receipt to counting (regulation 21). Use the prescribed post office box (WAE C or Police Union box, or an exclusive private box) per regulation 23.
Mark the roll at scrutiny: after the close of ballot, mark off names on the electoral roll for each admitted declaration and remove declarations before opening ballot paper envelopes (regulation 24(4)(a)-(b)).

Scrutiny, counting and result declaration

Conduct scrutiny in public with scrutineers: produce and open the ballot box in the presence of attending scrutineers, remove reply‑paid envelopes, check declarations and reject those that do not comply (regulation 24(1)-(3)). Record rejections on the outside of envelopes in accordance with regulation 24(3).
Apply the preferential count as per Electoral Act: perform the count in accordance with the Electoral Act 1907 rules for Legislative Assembly elections (regulation 25(2)). Where candidates tie on a count, resolve which preference to distribute first by lot (regulation 25(3)).
Adjudicate formality consistently: apply established standards to decide whether ballot papers are formal or informal and note that you are the final judge under regulation 26(3). Endorse decisions where scrutineers object (regulation 26(2)).
Allow recounts where appropriate: comply with requests for recounts prior to declaration and note ability to reverse scrutiny decisions in a recount (regulation 27).

Post‑election duties and records

Provide detailed written result notice to secretary: include the counts and statistics set out in regulation 28(2)(a)-(i) when declaring the result to the secretary.
Seal and hand over materials: place nomination papers, all ballot papers admitted as formal, rejected ballot paper envelopes or informal papers, declarations, late reply‑paid envelopes, marked electoral roll and unused materials in a sealed container and give to the secretary, labelled and dated (regulation 29(1)-(2)). The secretary must retain them for at least one year (regulation 29(3)).

Scrutineer management and penalties

Require scrutineer Form 2 declaration: ensure scrutineers complete the declaration in Form 2 before attending (regulation 22(2)). Inform scrutineers of conduct rules; advise that touching ballots or failing to comply with lawful directions can result in a $100 fine and removal from the premises (regulation 22(5)-(6)).

Documentation and audit trail

Keep contemporaneous records of notices, lot draws, printing certificates, postal dispatch lists, duplicate ballot applications, scrutineer appointments and all decisions made to reject nominations or ballot envelopes. These records form the mandatory preservation set to be sealed and transferred to the secretary (regulation 29).

Coordination and contingency

Coordinate early with the Electoral Commissioner and the Western Australian Electoral Commission so that, if the Electoral Commissioner appoints the returning officer, electoral infrastructure is available. If not, ensure the Police Union has resources to act as returning officer, including secure post box, staff, printing and postal funding arrangements (regulations 3-4, 23).

Following these steps will align practical administration with the wording of the regulations and reduce exposures around timing, chain of custody, eligibility disputes and candidate material compliance. Where uncertainties about external law or potential disputes arise, practitioners should consider contemporaneous legal advice and preserve records to support any subsequent review or challenge.

Deep Dive

What it does

Current sections