Local Government (General) Regulation 2021

A candidate for election is to be proposed for nomination in a nomination paper—

in Form 2 by at least 2 proposers (other than the candidate) who are enrolled (at 6 pm on the closing date for the election) in respect of the same ward or area as the one in respect of which the candidate is proposed for nomination, or

in Form 3 by the registered officer of a registered political party.

Each candidate must be proposed on a separate nomination paper.

A nomination paper is not valid unless the person proposed for nomination in the paper has—

completed and signed the Form of Consent included in the paper, and

completed the candidate information sheet that is required by section 308 of the Act to accompany the nomination.

A nomination paper is not in Form 2 or 3 unless—

it has printed on the back, or on an attached sheet, sections 274, 275, 276 and 283 of the Act, and

it is accompanied by a candidate information sheet that is in such form that the requirements of section 308(1) of the Act can be satisfied, and

if the nomination proposal is for an ordinary election, it is accompanied by a statistical information sheet as specified in those forms.

A given name of a candidate specified in a nomination paper as the form in which that name should be printed on the ballot-papers for the election may differ from the candidate’s given name as it appears on the roll only to the extent that the given name is specified by—

an initial standing for that name, or

a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or

a commonly used other name specific to the candidate by which the candidate is usually identified (if the returning officer is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).

A nomination paper is to be made by lodging it with the returning officer by 12 noon on the nomination day.

A nomination paper may be lodged—

by personal delivery to an approved place, or

by post, or

by transmission by facsimile or email, or

through an approved website or online electronic nomination system.

The returning officer may give a receipt on the lodgment of a nomination paper and must give a receipt if asked to do so.

The election manager must publish notice of an approval of an approved place under subsection (5AA)(a) on the election manager’s website.

The approved place referred to in subsection (5AA)(a) may be within or outside the area or ward concerned.

Despite subsection (5AA)(a), if the election manager is satisfied it is necessary to comply with a public health order, or to reduce the risk of infection from COVID-19, the election manager may, by order published on the election manager’s website—

limit the times and dates that a nomination proposal may be lodged by personal delivery at an approved place, or

prohibit the lodgement of nomination proposals by personal delivery at an approved place.

A nomination paper is not validly transmitted by email unless—

an image of the completed nomination paper signed by the proposers and the person proposed for nomination is included in or attached to the email, and

that image includes an image of the actual signatures as appearing on the nomination paper.

The returning officer may make such inquiries as he or she thinks fit to confirm the authenticity of a nomination paper if he or she considers it appropriate to do so in the circumstances.

On receipt of a nomination paper, the returning officer must endorse on it the date and time of receipt.

The election manager is to supply a reasonable number of copies of Forms 2 and 3 free of charge to any person who applies for them.

A deposit for a nomination proposal is to be paid in the approved manner, by the person proposed for nomination or some person on his or her behalf, by 12 noon on the nomination day.