Torres Strait Regional Authority (Election of Officeholders) Regulations 2019

The instrument organises the election of TSRA officeholders around a small set of recurring legal concepts: nomination, returning officer, voter, ballot-paper, preferential voting, absolute majority, exhaustion of ballot‑papers, intermediate polls, public draw of lots, recounts, and retention/destruction of materials. These are defined or elaborated across Part 1, Part 2 and Schedule 1.

Key definitional points that shape implementation are:

• “Returning officer” is role-specific. For Chairperson and Deputy Chairperson elections, it is a member of AEC staff nominated by the Electoral Commissioner. For alternate Deputy Chairperson elections, it is the TSRA Chief Executive Officer or their nominated person (s 4). The practical effect is a bifurcation of administrative responsibility and control for different offices.
• “Approved” forms differ by office. For Chairperson/Deputy elections, approval rests with the Electoral Commissioner; for alternate Deputy Chairperson approval rests with the TSRA Chief Executive Officer (s 4). That affects which official approves nomination forms and ballot templates.
• Voting uses preferential mechanics. Each voter is entitled to one vote (s 13(1)), but may mark a single first preference only or a series of ranked preferences beginning with 1 (s 13(2)). Schedule 1 prescribes the count: a candidate with an absolute majority of first preferences is elected (Schedule 1 cl 4); otherwise, the candidate with the fewest votes is excluded and preferences redistributed until one candidate obtains an absolute majority (Schedule 1 cl 5).
• “Exhausted ballot‑papers” are ballots that, at any stage during the count, express no preference for any unexcluded candidate and are set aside (Schedule 1 cl 2). This means that incomplete preference markings can remove ballots from later stages of the count.
• The instrument sets thresholds for validity and formality. A ballot is informal if not initialled by the returning officer, contains no vote, does not indicate a first preference for exactly one candidate, or bears any mark by which the voter could be identified (s 16(1)). The returning officer rejects informal ballots (s 16(2)).
• Timing and sequencing rules: the successful Chairperson is announced before the Deputy election is held, and the successful Deputy must be announced before any alternate Deputy election (s 9). Nominations must be lodged within precise windows at meetings: generally 30 minutes after meeting start for nominations (s 7(3)), with conditional 15-minute windows where the returning officer announces a lack of candidates (s 7(4)), and a special requirement that the TSRA decide whether to elect an alternate Deputy Chairperson not later than 15 minutes after the meeting start if nominations for that office are to be valid (s 7(1)).

Mechanisms for resolving ties and unresolved positions are also embedded: where equality of votes prevents straightforward exclusion, an intermediate poll limited to the tied candidates is required (Schedule 1 cl 6-7), and if an intermediate poll does not break the tie, a public draw of lots decides the outcome (Schedule 1 cl 6(5) and cl 7(5)). The regulations therefore combine preferential counting with default randomisation in deadlocks.

Administrative recordkeeping and material-handling concepts: the returning officer must prepare and sign a statement of votes and keep separate parcels for informal, formal and spoilt ballot‑papers, endorse each parcel and keep them secure (s 17). After three months, nomination forms, ballot‑papers and scrutineer appointments in the returning officer’s possession must be destroyed (s 23).

These concepts allocate practical responsibilities across TSRA members, the returning officer (either AEC staff or the TSRA CEO/nominated person), scrutineers, and the TSRA Chief Executive Officer as an officer required to attend the first meeting (s 5). They also create precise points at which administrative discretion (for example, rejecting an informal ballot, conducting intermediate polls or deciding whether to elect an alternate Deputy Chairperson) will affect outcomes.

The regulations directly affect these principal actors:

• Members of the TSRA: Every member is a potential candidate (the definition of “candidate” is simply a candidate in an election to which the instrument applies) and every member is a voter at the TSRA’s first meeting after an election. Members must supply accurate postal addresses to the TSRA, which the TSRA must then provide to the AEC within seven days after declaration of member election results (s 6(1)). Members are therefore the primary actors whose procedural rights and obligations,the ability to nominate, their voting rights, and their exposure to nomination and voting time limits,are regulated throughout Parts 2 and 3.

• Candidates for Chairperson, Deputy Chairperson and alternate Deputy Chairperson: Candidates must submit nominations on an approved form and include prescribed information: name, place of residence, occupation, the offices sought, a nominator who is another TSRA member, the candidate’s preferred ballot name, and a declaration of TSRA membership and consent to act (s 7(2)(a)-(f)). A nomination is invalid if not made in accordance with s 7 (s 7(5)). Candidates or their nominators must be able to meet the precise time windows at the relevant meeting,generally within 30 minutes of the meeting start (s 7(3)), with narrower 15-minute windows in certain circumstances (s 7(4)).

• Returning officers: For elections of Chairperson and Deputy Chairperson the returning officer is an AEC staff member nominated by the Electoral Commissioner; for the alternate Deputy Chairperson the returning officer is the TSRA Chief Executive Officer or their written nominee (s 4). Returning officers must distribute nomination materials at least seven days before the first meeting (s 6(2)); show and seal the ballot box prior to voting (s 12(1)); initial ballot papers (s 12(2)); mark voters off (s 12(3)); manage spoilt ballots and replacements (s 13(4)-(5)); open and count ballots in the presence of voters and scrutineers (s 15); judge formality (s 16); make final declarations (s 18); maintain signed statements and sealed parcels (s 17); respond to recount requests (s 19); and destroy materials after three months (s 23). The returning officer therefore bears much of the operational burden and the exercise of fact-driven discretion.

• The Australian Electoral Commission and the Electoral Commissioner: The AEC is involved by receiving member information from the TSRA within seven days of the member election result (s 6(1)) and by approving nomination and ballot papers for Chairperson/Deputy elections (s 4). The Electoral Commissioner also nominates the AEC staff person who will act as returning officer for those elections (s 4). As a result, the AEC has a formal administrative role and an approval function for Chairperson/Deputy elections.

• The TSRA Chief Executive Officer: The Chief Executive Officer is required to attend the first meeting (s 5(1)) or nominate a staff member to attend (s 5(2)). The CEO is also the approving authority for forms and ballot papers for alternate Deputy Chairperson elections (s 4) and is the returning officer (or nominates one) for alternate Deputy Chairperson elections (s 4). This places operational responsibility for alternate Deputy Chairperson elections within the TSRA executive.

• Scrutineers: Each candidate may appoint one scrutineer to represent the candidate during the count (s 14). Scrutineer appointments must be in writing in an approved form and given before the count begins (s 14(2)). Scrutineers may countersign the returning officer’s vote-statement or parcel endorsements (s 17(2)).

Indirectly affected parties include the broader statutory framework under which the TSRA operates, because the regulations interact with the TSRA election rules (e.g., rule 113 referenced in s 6(1)) and the parent Act (the Aboriginal and Torres Strait Islander Act 2005, cited in s 3). The instrument does not allocate costs for the AEC’s participation or specify funding, and it does not specify penalties for non-compliance within its text. Responsibility for adhering to timing windows, for providing accurate member contact details, and for complying with the nomination and voting technicalities therefore primarily falls on TSRA members, candidates and the returning officer(s).

This instrument imposes precise duties on administrative actors and confers procedural rights on candidates and voters. The mandatory duties and rights, and where they are located in the instrument, are summarised below.

Duties placed on the TSRA and TSRA Chief Executive Officer:

• Provide the AEC with the name and postal address of each TSRA member within seven days after the declaration of the result of a TSRA member election under rule 113 of the TSRA election rules (s 6(1)). This creates an obligation on the TSRA to ensure the AEC receives accurate contact information promptly.
• Ensure the TSRA Chief Executive Officer attends the first meeting after election or nominates a staff member to attend (s 5). The CEO’s attendance duty is mandatory; failure to attend requires a substitute nomination.

Duties placed on returning officers:

• Send to each TSRA member at least seven days before the first meeting a list of members and approved nomination forms for each relevant office (s 6(2)). This duty places an administrative burden on the returning officer to prepare and distribute materials in adequate time.
• Conduct public draws of lots to decide ballot order (s 10). The returning officer must run the draw publicly, which is a procedural duty to ensure transparency of order placement.
• Show and seal the empty ballot box before the poll and initial ballot papers (s 12(1)-(2)); mark off voters on the membership list (s 12(3)); require voters to fold ballots and deposit them within ten minutes of receipt (s 13(3)); manage spoilt ballot procedures (s 13(4)-(5)); open and count ballots in the presence of voters and scrutineers (s 15); reject informal ballot papers (s 16); make, sign and date a statement of votes and keep secure parcels of ballots (s 17); declare results as soon as practicable after the count (s 18); conduct a recount if requested before declaration (s 19).
• Destroy nomination forms, ballot papers and scrutineer appointments in the returning officer’s possession as soon as practicable after three months have passed (s 23).

Duties placed on candidates:

• Lodge a nomination in the approved form and with required information and signatures, and within the time windows set by s 7 (s 7(2)-(4)). A candidate must declare membership and consent to act (s 7(2)(f)(i)-(ii)).
• A candidate may withdraw by written signed notice to the returning officer not later than the nomination deadline set in s 7(3) or s 7(4).

Rights afforded to candidates and voters:

• Each candidate is entitled to appoint one scrutineer to represent them at the count, with the right to countersign certain official statements and endorsements (s 14, s 17(2)).
• Each TSRA member who is a voter has the right to cast one vote, which may express only a first preference or a sequence of preferences in numbered order beginning with 1 (s 13(1)-(2)).
• A candidate may request a recount prior to declaration and is entitled to one recount (s 19(1)-(3)). The returning officer must conduct that recount and has the powers of the election officer in relation to admission or rejection of ballots during the recount (s 19(4)).

Specific sequencing duties:

• The returning officer must announce the successful Chairperson before proceeding to the Deputy Chairperson election, and must announce the successful Deputy Chairperson before any alternate Deputy Chairperson election proceeds (s 9). This creates an ordered sequence affecting nomination and candidate pool dynamics, for example when a candidate stands for more than one office.

Formality and ballot validity duties:

• The returning officer must initial each ballot (s 12(2)); they must reject ballot papers that are informal according to the strict criteria listed in s 16(1). That duty affects the validity of votes and may deprive a voter of the effect of their ballot when the specified conditions are met.

Record-keeping duties:

• The returning officer must prepare a signed, dated statement setting out votes for each candidate and the number of informal ballots, place ballots into separately endorsed parcels, and keep these secure (s 17(1)(a)-(d)). The results and the returning officer’s statement must be recorded in the minutes of the meeting (s 22).

These duties and rights combine to produce an administratively prescriptive election process in which timing, approved forms, and returning officer determinations materially affect candidate eligibility and voter enfranchisement. Several duties are framed as mandatory (“must”), leaving little room for procedural variation within the instrument as written.

The regulations themselves do not create express civil or criminal penalties for non-compliance within their text. They are framed as mandatory procedural directions,“must” and “must not” style obligations appear throughout,but the instrument contains no separate penalty clauses, infringement notices or enforcement sanctions. The text therefore leaves enforcement to the operation of these procedural mechanisms and to any remedies or penalties available under the parent Act or other general law, none of which are specified in the instrument itself.

What the instrument does provide that constrains behaviour:

• Declared outcomes and formal documentation. The returning officer must make, sign and date a statement of the count and record the election result in the TSRA meeting minutes (s 17(1)(a), s 22). These signed records will be the official evidence of procedure and outcome and will effectively determine whether an election is recognised within TSRA governance.
• Recounts are available on request prior to declaration, but only once (s 19(1)-(3)). The availability of a single recount provides a limited procedural remedy against perceived counting error prior to the official declaration.
• The returning officer’s decisions on formality, disallowance or allowance of ballot‑papers have a binding effect on the count. During recounts, the returning officer is given the same powers as the election officer in relation to allowance or rejection of ballot‑papers (s 19(4)). The instrument centralises adjudicative authority in the returning officer, whose determinations determine whether votes are counted.

Potential enforcement pathways that are outside the instrument but possible in practice are not specified and therefore must be inferred only cautiously. The regulations do not mention administrative review, internal TSRA remedies, judicial review, or criminal procedures relating to contraventions of these regulations. They also do not create express offences for, for example, falsification of information or failure to provide member addresses to the AEC. Any such enforcement would therefore depend on the parent Act, the general law (including statutory or common law remedies) and the TSRA’s own governance instruments; the instrument itself is silent on these points.

Operational enforcement is in practice effected by:

• the returning officer’s control of ballot-paper initialling, counting and declaration (ss 12, 15, 17, 18);
• the limited recount mechanism available prior to declaration (s 19);
• the requirement that results and the formal statement be recorded in meeting minutes (s 22), creating an administrative record that internal TSRA processes and external legal processes could use as a basis for review or challenge under other legal frameworks.

In short, the instrument prescribes detailed procedural obligations and vests definitive operational powers in returning officers, but it does not embed an independent penalty or enforcement regime within the text. Enforcement and sanctioning consequences therefore arise from adherence to procedure, the official recorded outcome, and remedies available elsewhere in law, none of which are set out in this instrument.

The instrument expressly states its legal source and interacts with other instruments and rules in several specific ways, while leaving other interfaces unaddressed.

Primary statutory source:

• The regulations are made under the Aboriginal and Torres Strait Islander Act 2005 (s 3). The instrument therefore sits as delegated subsidiary legislation under that Act. It must be read and applied in the context of the parent Act’s provisions governing the TSRA, including those provisions cited inside the instrument (for example, paragraphs 143L(1)(a) and (b), and subsection 144D(1) of the Act are referenced in definitions for Chairperson, Deputy Chairperson and alternate Deputy Chairperson).

Interaction with TSRA election rules:

• Section 6(1) requires the TSRA to give the AEC the name and postal address of each TSRA member within seven days after the declaration of the result of a TSRA member election under rule 113 of the TSRA election rules. This expressly links the regulation’s operation to the TSRA’s election rules, so that timing for providing member details depends on the specification of a result under those rules. The instrument therefore presupposes the continuing operation of TSRA election rules, although those rules are not reproduced in the instrument.

Delegation and cross-agency functions:

• The instrument gives the Electoral Commissioner specific approval and nomination roles (definitions in s 4). For Chairperson/Deputy elections, “approved” forms are those approved by the Electoral Commissioner and the returning officer is AEC staff nominated by the Electoral Commissioner (s 4). This establishes a statutory interface between the TSRA’s internal meeting-based elections and the Commonwealth AEC apparatus. There is therefore an administrative cross-over where the AEC provides personnel and approvals for TSRA officeholder elections for Chair/Deputy.

• For alternate Deputy Chairperson elections, the TSRA Chief Executive Officer performs the approving and returning officer roles (s 4). This produces a bifurcated governance interface: AEC for the principal two offices, TSRA executive for the alternate. The instrument therefore cross-links Commonwealth electoral practice with internal TSRA administrative control, depending on the office.

Recordkeeping and retention obligations:

• The instrument requires the returning officer to prepare a signed, dated statement and keep parcels of ballot papers secure (s 17). It also mandates destruction of nominations, ballot‑papers and scrutineer appointments after three months (s 23). The instrument does not address how this timeframe interacts with other statutory or regulatory retention obligations for public bodies or with record-keeping obligations under corporate or public records legislation. Where conflicting retention obligations exist under other laws, users of this instrument will need to reconcile those externally; the instrument itself imposes destruction after three months without qualification.

Unspecified interfaces:

• The instrument does not allocate financial responsibility for the AEC’s participation in Chairperson/Deputy elections. There is no stated appropriation, reimbursement or funding mechanism within the regulations. Any financial or resource interface with other legislation (for example, appropriations law or memorandum-of-understanding between TSRA and AEC) is therefore outside the text of this instrument.

• The instrument does not spell out remedies, appeals or offences; any interaction with judicial review, criminal law, administrative law remedies, or the parent Act’s sanctioning mechanisms is not addressed within the regulation. This leaves those legal interaction points to be resolved by reference to other laws (for example, the parent Act or general administrative law).

In summary, the instrument explicitly interacts with the Aboriginal and Torres Strait Islander Act 2005, TSRA election rules (rule 113), and with the AEC through delegated functions for the Chairperson and Deputy Chairperson elections. It is silent on funding, on interaction with record-keeping or retention statutes beyond its own destruction prescription, and on enforcement pathways beyond the procedural mechanisms it creates.

The instrument includes an explicit commencement table in s 2 and a note appended to that table about the table relating only to provisions as originally made. The commencement mechanics are:

• The whole instrument is stated to commence the day after registration, with the table entry indicating the specific date 1 April 2019 (s 2 and the commencement table). The note in that section states that the table relates only to the provisions of the instrument as originally made and will not be amended to deal with later amendments of the instrument. The instrument therefore documents its original commencement position and records that subsequent published versions may include edited informational columns but that the original table is not to be altered retroactively within the instrument.

The instrument does not include any revision or amendment schedule within the text provided. There are no amendments, expiry clauses, sunset provisions, or savings or transitional provisions recorded in the instrument text supplied. The only historical information present is the formal maker statement, the date the instrument was made (7 March 2019), and the stated commencement (s 2). The note to the commencement table anticipates the practical reality that published versions may annotate the table (column 3), and disclaims that such information is not part of the instrument (s 2(2)).

Where amendments to delegated instruments typically occur, they might be made by subsequent regulation instruments amending specified sections; none are appended here. The instrument’s structure shows it is intended as a standalone regulation for the TSRA’s internal officeholder elections absent further modification.

Readers should therefore treat the instrument as an independent procedural code that came into force on 1 April 2019. The instrument itself neither records nor summarises any subsequent amendments. Any later legislative change to these regulations, or any overlay from later instruments, would need to be checked in the consolidated federal register of legislation or the Commonwealth Gazette. The instrument’s s 2 note cautions that published editorial material (column 3 of the commencement table) is not part of the instrument, so external annotations or consolidated versions should be verified against the text of the current instrument.

The instrument, as provided, contains no record of litigation, judicial decisions, or case law interpreting its provisions. It does not name any cases or judicial reviews, and there are no references within the regulation to past litigation or precedent. The text therefore presents only the regulatory rules themselves, without annotated judicial interaction.

Because the instrument centres on administrative procedure for internal TSRA elections, litigation avenues would, in practice, arise from potential disputes about procedure, interpretation or the validity of outcomes. The instrument provides internal mechanisms that affect such disputes,most notably:

• a formal signed statement and recorded meeting minutes documenting the declared result (s 17, s 22), and
• a single recount available on request prior to declaration (s 19).

The instrument does not set out appeal mechanisms, internal review rights, or civil or criminal remedies for contravention of the regulations. Any legal challenge to the operation or outcome of an election under these regulations would therefore need to be grounded in broader legal frameworks external to the instrument, for example judicial review of administrative action under the Administrative Decisions (Judicial Review) Act 1977 or common law review, or challenge under the parent Act where its provisions supply specific remedies. None of those external avenues are discussed or provided for in the text.

Practitioners dealing with disputes arising under these regulations should therefore begin with the administrative record created under s 17 and s 22,the signed vote statement and the meeting minutes,and consider the availability of pre-declaration recounts (s 19). Where disputes concern the conduct of the returning officer, the instrument empowers the returning officer to make final determinations on ballot formality and counting, and those determinations will be central evidence in any subsequent legal review.

Because no litigation history is recorded in the instrument, users must consult external legal databases or the courts’ records to determine whether any judicial or tribunal consideration has occurred since the instrument’s commencement.

The instrument contains several procedural details and tight timings that produce practical pitfalls for participants. Below are concrete operational “gotchas”, with the source sections cited so practitioners can verify the risk points.

Strict and short nomination windows

• Nominations are usually required not later than 30 minutes after the start of the first meeting (s 7(3)). However, several conditional 15-minute windows exist. If the returning officer announces at the meeting that there is no candidate for a relevant office, or that after the Chairperson’s election there is no remaining candidate for Deputy Chairperson, or analogous circumstances for the alternate Deputy Chairperson, nominations may be given up to 15 minutes after that announcement (s 7(4)). For the alternate Deputy Chairperson specifically, a nomination is valid only if the TSRA decides to elect an alternate Deputy Chairperson not later than 15 minutes after the beginning of the meeting (s 7(1)). Practically, this compresses decision‑making and could invalidate otherwise valid candidates who miss the brief window.

Single-candidate automatic declarations depend on cross-candidacy

• Where only one candidate is nominated for Deputy Chairperson, the instrument allows a declaration of election only if that candidate is not also a candidate for Chairperson (s 8(3)). Similarly, the alternate Deputy Chairperson can be declared elected only if the candidate is not a candidate for Chairperson or Deputy Chairperson (s 8(4)). In practice, a candidate who nominates for Chairperson and Deputy Chairperson may prevent automatic election to the Deputy role if they are the sole remaining candidate for Deputy, requiring a poll. This could lead to strategic nomination behaviour or unintended absence of automatic elections.

Differential approval and returning officer control

• “Approved” forms and returning officer appointment differ by office: Electoral Commissioner approves forms and nominates returning officer for Chairperson/Deputy; the TSRA Chief Executive Officer approves forms and acts as returning officer for alternate Deputy Chairperson (s 4). This bifurcation means different administrative standards and different controlling officials for different offices. Practitioners should not assume a uniform AEC-run process for all three offices.

Ballot formality strictness and single initialling requirement

• A ballot paper must be initialled by the returning officer (s 12(2)). A ballot without that initial is informal and must be rejected (s 16(1)(a), s 16(2)). If the returning officer fails to initial, ballots could be invalidated. Returning officers must be diligent at distribution to avoid large numbers of informal ballots due to administrative oversight.

Preferential voting plus requirement for a single, clear first preference

• Voters may vote for one candidate by marking 1, or vote for multiple candidates by numbering preferences consecutively beginning with 1 (s 13(2)). However, a ballot is informal if it does not indicate a first preference for 1, and only 1, candidate (s 16(1)(c)). This means ballots that omit any “1” or that mark multiple “1”s are informal. Voters who attempt to mark equal preferences or who misnumber could have their ballots rejected even if they also mark later preferences. Training on correct marking is therefore essential.

Exhausted ballots reduce effective pool during count

• Schedule 1 cl 2 defines “exhausted ballot‑papers” as ballots that, at any stage during the count, express no preference for an unexcluded candidate. Those ballots are set aside and no longer count towards later recount thresholds. Accordingly, incomplete preference markings reduce the total effective votes in late counting rounds and can change majority thresholds and election outcomes.

One recount only, before declaration

• A candidate can request a recount at any time before the returning officer makes a declaration (s 19(1)). The request may be oral or written (s 19(2)), but the returning officer is not required to conduct more than one recount (s 19(3)). Candidates who do not request a recount before declaration have no statutory right in this instrument to later recounts under these rules.

Ties resolved by intermediate poll then lots

• Tied votes at exclusion stages trigger an intermediate poll among the tied candidates (Schedule 1 cl 6). If the intermediate poll fails to resolve the tie, the returning officer must conduct a public draw of lots (Schedule 1 cl 6(5)). The use of luck by lot to resolve certain deadlocks is explicit and can produce unpredictable results in closely balanced elections.

Time limit to cast a ballot

• After receiving a ballot, a voter must fold and place it in the ballot box not later than ten minutes after receipt (s 13(3)). Ballots not placed before the end of that period are disregarded (s 13(6)). In meetings where scheduling or interruptions occur, this strict deadline could cause otherwise valid voters to lose their vote.

Destruction of election materials after three months

• The returning officer must destroy nominations, ballot papers and scrutineer appointments in their possession as soon as practicable after the end of three months after an election (s 23). If later review or dispute arises beyond that point, primary material evidence may no longer be available unless preserved elsewhere under other legal obligations. Practitioners should be aware of external recordkeeping obligations that could require preservation despite s 23; the instrument itself mandates destruction but does not reconcile external statutory record obligations.

Recording obligations create a single official record

• The returning officer must make and sign a statement of votes and the minutes must record the results (s 17(1)(a), s 22). These signed documents form the definitive administrative record. Failure to properly execute those steps risks making the declaration and minutes vulnerable to procedural challenge.

Single scrutineer per candidate

• Each candidate may appoint only one scrutineer (s 14(1)). If a candidate wants multiple observers, the rules limit that right, which may influence how candidates supervise count integrity.

These “gotchas” show the instrument is technically prescriptive and liable to produce unintended consequences if procedural actors, candidates or voters fail to adhere to tight timings or precise formality requirements. Operational planning should be explicit about these constraints.

This section sets out a practical, step-by-step compliance checklist based on the instrument’s mandatory provisions. The checklist is organised by actor: TSRA corporate officers, returning officers, candidates and voters. Each step cites the relevant provision.

For the TSRA corporate officers (including the TSRA Chair and Secretariat)

1. Provide the AEC with the name and postal address of each member within seven days after the declaration of the member election result under rule 113 of the TSRA election rules (s 6(1)). Ensure postal addresses are current and verified before the member election result is declared to meet the seven-day obligation.
2. Decide, at the first meeting and within 15 minutes of its commencement, whether to elect an alternate Deputy Chairperson if that office is to be filled at that meeting, to preserve the validity of subsequent nominations for alternate Deputy Chairperson (s 7(1)). If the TSRA elects an alternate Deputy Chairperson, ensure the TSRA CEO is notified so approved forms and a returning officer can be arranged (s 4, s 6(2)).
3. Record the results of any officeholder election and the returning officer’s signed statement in the meeting minutes (s 22). Verify that the returning officer’s statement setting out vote counts and number of informal ballots is attached to or reproduced in the minutes (s 17(1)(a)).

For the returning officer (AEC staff for Chairperson/Deputy, TSRA CEO or nominee for alternate Deputy)

1. Distribute to each TSRA member, at least seven days before the first meeting, a list of members and the approved nomination forms for each relevant office (s 6(2)). Confirm who is the approving authority for forms: Electoral Commissioner for Chair/Deputy; TSRA CEO for alternate Deputy (s 4).
2. Prepare approved ballot papers in the correct form and ensure they set out the names in the order determined by the public draw of lots (s 10, s 11). Arrange a public draw of lots in the presence of TSRA members to determine ballot order (s 10, s 4 definition of public draw of lots).
3. At the meeting, show the empty ballot box and securely fasten the cover before the poll (s 12(1)). Initial each ballot paper before giving it to a voter (s 12(2)). Mark off the voter’s name on the members’ list immediately after issuing the ballot (s 12(3)).
4. Enforce the 10-minute rule,require voters to fold and place their ballot in the ballot box not later than 10 minutes after receiving it (s 13(3)), and disregard any ballot not placed within that period (s 13(6)).
5. Manage spoilt ballot procedure: if a voter claims to have spoiled a ballot before depositing it, take back the returned ballot, give a fresh ballot and endorse the returned ballot “spoilt” with signature and date (s 13(4)-(5)).
6. When all ballots are cast, open the ballot box and count in the presence of voters and scrutineers. Apply the Schedule 1 counting rules: count first preferences; if no absolute majority, exclude the candidate with the fewest votes and redistribute preferences as required; treat ballots as exhausted when they express no preference for any unexcluded candidate (s 15; Schedule 1 cl 1-5).
7. Decide formality strictly: reject any ballot not initialled by the returning officer, lacking a vote, lacking a first preference for exactly one candidate, or bearing identifying marks (s 16(1)-(2)). Keep separate parcels of rejected informal ballots, accepted formal ballots, and spoilt ballots endorsed under s 13(5), endorse each parcel to indicate its contents and election, sign and date the endorsement, and keep parcels secure (s 17(1)(b)-(d)).
8. Prepare and sign the statement that sets out the number of votes given to each candidate and the number of informal ballots (s 17(1)(a)). Offer scrutineers the opportunity to countersign the statement and parcel endorsements (s 17(2)).
9. Declare the elected candidate as soon as practicable after the count is completed (s 18). Record the returning officer’s signed statement in the minutes (s 22).
10. If a candidate requests a recount before declaration, conduct one recount and make the same allowance/disallowance decisions as in the original count (s 19(1)-(4)). Note that the request may be oral or written and that no more than one recount must be conducted (s 19(2)-(3)).
11. Destroy any nominations, ballot papers and scrutineer appointments in the returning officer’s possession as soon as practicable after three months from the election (s 23). Ensure destruction is compliant with any other statutory record-keeping obligations applicable outside this instrument.

For candidates

1. Lodge nominations in the approved form and include all required particulars: candidate’s name, place of residence, occupation, the office(s) for which nominated, a signature from another TSRA member as nominator, the form in which the candidate’s name is to appear on the ballot paper, and the declaration that the candidate is a TSRA member and consents to act if elected (s 7(2)(a)-(f)). Ensure the nominator is another member of the TSRA as required.
2. Submit the nomination to the returning officer by the applicable deadline. At the first meeting that is the default deadline is 30 minutes after the meeting start (s 7(3)), but watch for the 15‑minute exceptions where the returning officer announces lack of candidates or when the TSRA has decided at the outset whether to elect an alternate Deputy Chairperson (s 7(1), s 7(4)). Time and track submission to avoid invalidation under s 7(5).
3. If nominating for multiple offices, consider the interaction with automatic-declaration rules: being a candidate for Chairperson may prevent automatic declaration as Deputy if only one candidate remains for Deputy (s 8(3)-(5)). Plan candidacy strategy accordingly.
4. Appoint one scrutineer in writing in the approved form and give the appointment to the returning officer before the count begins (s 14). Ensure the scrutineer understands their right to countersign the returning officer’s vote statement and parcel endorsements (s 17(2)).

For voters (TSRA members)

1. Ensure you receive and understand the approved ballot paper and voting instructions. You have one vote and must mark your first preference by placing the number 1 opposite the candidate you prefer (s 13(1)-(2)(a)). If you rank additional candidates, number them consecutively beginning with 1 (s 13(2)(b)).
2. Avoid marking multiple “1”s or omitting a “1”: a ballot is informal if it does not indicate the voter’s first preference for 1, and only 1, candidate (s 16(1)(c)).
3. After marking your ballot, fold it to conceal the vote and place it in the ballot box no later than 10 minutes after receiving it (s 13(3)(a)-(b); s 13(6)). If you spoil the ballot before depositing it, return it to the returning officer in the presence of that officer and request a replacement; the spoil will be endorsed and a fresh ballot issued (s 13(4)-(5)).

Operational best practice recommendations implied by the instrument

• For TSRA and returning officers: prepare a clear timetable for the first meeting that allocates time for the essential 15 and 30-minute nomination windows to avoid rushed or missed nominations; circulate the meeting agenda and notice that the TSRA must decide about electing an alternate Deputy Chairperson within 15 minutes of meeting start if that election is to proceed (s 7(1), s 6(2)).
• For returning officers: ensure robust ballot initialling and secure sealing of ballot boxes to avoid large numbers of informal ballots due to administrative oversight (s 12(1)-(2), s 16(1)(a)).
• For candidates and scrutineers: arrive early prepared with properly completed nomination forms and scrutineer appointments in approved form, and ensure scrutineers understand they may countersign the returning officer’s statements (s 7(2), s 14, s 17(2)).
• For recordkeeping: ensure signed statements and endorsed parcels are accurately generated and retained until destruction is mandated after three months (s 17, s 23), while checking for any external statutory retention obligations that may require longer preservation.

Following these steps will align practice with the instrument’s mandatory requirements and operationalise the procedural obligations that it creates.