Industrial Relations Regulation 2018

This section applies if a vote is cast under section 104.

As soon as possible after the ballot finishes, the manager of the ballot must—

seal the ballot box in a way that prevents voting material from being put in it; and

take the ballot box to the place where votes are to be counted.

The manager must then—

unseal the ballot box; and

take out the return envelopes; and

open each return envelope and take out the ballot envelope and the voting declaration; and

examine the declaration and mark off the voter’s name on the roll; and

check the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and

ensure the declaration is signed.

After complying with subsection (3), the manager must put the ballot envelopes in a container and the declarations into another container if satisfied—

each declaration is signed; and

the ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.

However, the manager must not put a ballot envelope or declaration in the containers mentioned in subsection (4) if—

the manager reasonably believes the voter to whom it was sent did not sign the declaration; or

the person named on the declaration is not the person to whom it was sent.

Subsection (5) does not apply if the manager is satisfied the person who filled in and signed the declaration—

is a voter; and

has not previously voted in the ballot; and

has a reasonable explanation for using someone else’s ballot material.

The manager must keep ballot envelopes and declarations excluded under subsection (5) separate from other ballot envelopes and declarations.

A declaration is valid only if—

it complies with subsection (4); and

subsection (5) does not apply.

A valid declaration must be accepted as valid, and an invalid declaration must be rejected, by the manager.

If a declaration is accepted as valid by the manager, the manager must—

note the acceptance of validity on the declaration; and

record the correct ballot number on the roll against the name of the voter who signed the declaration.

After separating the ballot envelopes and declarations, the manager must, in the following order—

seal the container holding declarations;

open the ballot envelopes not excluded under subsection (5) and take out the ballot papers;

if a ballot envelope contains more than 1 ballot paper—mark each of the ballot papers from the envelope ‘informal under section 114(3)(e)’;

put all of the ballot papers in the ballot box.