Fair Work (Registered Organisations) Regulations 2009

The electoral official conducting a ballot must determine the result of the ballot by conducting a scrutiny in accordance with this regulation.

As soon as practicable after the close of a ballot, the electoral official must:

admit the valid votes and reject the informal votes; and

count the valid votes, and record the number:

in favour of the proposal; and

against the proposal; and

count the informal votes.

In the case of a scheme for amalgamation that contains a proposed alternative provision, if the electoral official is satisfied the result of the ballot on that provision is required to be known for the purposes of the Act he or she must:

admit the valid votes, and reject the informal votes, on that provision; and

count the valid votes, and record the number:

in favour of that provision; and

against that provision; and

count the informal votes on that provision.

A vote is informal only if:

the ballot paper does not bear:

the initials of an electoral official; or

a facsimile of those initials; or

the ballot paper is marked in a way that permits the voter to be identified; or

the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or

a person returning material mentioned in paragraph 63(c) with the ballot paper does not comply with a direction given under subregulation 60(7).

However, a vote is not informal because of paragraph (4)(a) if the electoral official is satisfied the ballot paper in question is authentic.

If the electoral official conducting the ballot is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as formal or rejected as informal, the official must:

decide whether the ballot paper is to be admitted as formal or rejected as informal; and

endorse that decision on the ballot paper and initial the endorsement.

If the electoral official conducting the ballot is informed by a scrutineer to the effect that, in the scrutineer’s opinion, an error has been made in the conduct of the scrutiny, the electoral official must decide whether an error has been made and, if appropriate, direct what action is to be taken to correct or mitigate the error.