Legal Aid Regulations 1990

For the purposes of section 6(1)(f) of the Act the election of a person by the staff of the Commission to be appointed as a

Commissioner shall be conducted as follows:

whenever the occasion for the election arises the Director shall, in writing, advise all staff members then employed of that fact and that they are entitled to be nominated as, or to nominate another member as, a candidate for election and to vote at the election;

nominations of candidates shall close on the date specified in the advice under paragraph (a), being not earlier than 5 days after the date of the advice, and shall:

be in writing and sent to the Director to be received by the

Director before that closing date;

be signed by the person nominating; and

indicate by the signature of the person nominated that the person accepts the nomination;

as soon as practicable after the closing date for nominations, the Director shall send to each staff member a ballot-paper, in such form as the Director thinks fit, listing in alphabetical order the names of the candidates for election and indicating a date, being not earlier than 5 days after the date on which the ballot-paper was sent, on which the votes should be received by the Director;

a vote shall be recorded on the ballot-paper by the person voting indicating his or her choice of candidate by placing a cross against the name of one candidate only;

the Director shall advise each candidate for election of the time and place where the votes will be counted and each candidate may attend at the counting in person or be represented by a member of the staff nominated by him or her for that purpose;

the counting of votes shall be on the "first-past-the-post" system and shall be conducted by the Director in such manner as the

Director thinks fit;

if more than one candidate has received an equal number of the most votes after counting is completed a further election shall be held between those candidates as if they were the only candidates nominated for election, and this regulation, with the necessary changes, applies accordingly;

at the conclusion of the counting of votes where a clear winner is determined, the Director shall declare the winning candidate to be the elected candidate and, as soon as practicable, advise the

Minister of the winner's name.

At an election under subregulation (1) the Director may vote but may not nominate or be nominated a candidate.

An election under this regulation shall be by secret ballot.

Part II Legal Aid

Committees