Local Government (Electoral) Regulations 2020

A candidate may appoint one or more scrutineers.

The appointment of a scrutineer must be made in writing and must include the following details—

the name of the relevant Council;

if the municipal district is divided into wards, the name of the relevant ward;

the full name and the signature of the candidate appointing the scrutineer;

the full name and residential address of the person being appointed as the scrutineer;

a declaration signed and dated by the scrutineer in the presence of an election official that states that the scrutineer—

undertakes to be a scrutineer for the candidate; and

will not disclose any fact coming to the scrutineer's knowledge which the scrutineer is required not to disclose under the Act or regulations; and

is not a person who cannot be appointed as a scrutineer under the Act and the regulations.

A separate form must be used for each appointment of a scrutineer.

A person cannot be appointed as a scrutineer if they are—

a Councillor of the Council; or

a candidate at the election; or

a candidate at any other election conducted simultaneously with that election in relation to the same Council; or

a person appointed by the VEC to be involved in the conduct of the election.

Before a scrutineer can act as a scrutineer they must make a written declaration containing the details set out in subregulation (2)(e).

A scrutineer may be appointed by a candidate to scrutinise the following electoral activities before the counting of votes—

the posting of postal ballot envelopes;

the opening and emptying of a Post Office Box;

the opening and emptying of a postal ballot receptacle;

the receipt and processing of declaration envelopes.

In respect of each candidate, one scrutineer for each election official involved in any of the electoral activities specified in subregulation (6) may be present at each electoral activity at any one time.

An election official may cause a scrutineer to be removed if—

the scrutineer's presence is contrary to subregulation (7); or

the scrutineer commits a breach of the Act or these Regulations; or

the scrutineer obstructs or hinders an election official who is performing an electoral activity referred to in subregulation (6); or

the scrutineer fails to obey a lawful direction given by an election official.