Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 4 Conduct of written ballots
In this schedule:
"ballot" means a ballot conducted at a meeting of residents of a retirement village.
"qualified voter", for a ballot, means a resident of the retirement village where the ballot is conducted.
"returning officer", for a
ballot, means a person elected as returning officer under section 4.6.
Part 4.2 Conducting a written ballot
4.2 When written ballot required
(1) The residents of a retirement village may decide, by a show of hands at any meeting at which a particular measure or action is discussed, whether the vote on the measure or action is to be taken by a written ballot.
(2) If 50% or more of the residents present at the meeting decide that the vote is to be taken by a written ballot, the vote must be taken by a written ballot.
4.3 Election of returning officer
(1) This section applies if the residents of a retirement village decide that a vote is to be taken by a written ballot.
(2) The residents must elect a returning officer for the ballot by a show of hands at a meeting of the residents.
(3) A person is eligible to be selected as a returning officer for a written ballot if the person is—
(a) a resident of the retirement village; and
(b) not a member of the residents committee; and
(c) not standing for election to the residents committee.
(1) This section applies if a vote is to be taken by a written ballot (including a vote on a special resolution).
(2) The returning officer for the ballot must prepare enough ballot papers so that a ballot paper can be given to each qualified voter.
(3) The ballot paper must contain details of the measure or action for which the ballot is being held and directions about the way a vote is to be recorded and returned to the returning officer.
Example
The ballot paper may have the question to be answered followed by a ‘yes' box and a ‘no' box and instructions that the vote clearly mark one of the boxes with a tick or cross.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(4) At the meeting, the returning officer must give each qualified voter (or if the qualified voter has a proxy, the voter's proxy) a ballot paper initialled by the returning officer.
(5) In order to vote on the resolution at the meeting, a qualified voter (or if the qualified voter has a proxy, the voter's proxy) must do the following:
(a) record a vote on the ballot paper in accordance with the directions shown on it;
(b) fold the completed ballot paper so that the vote cannot be seen;
(c) place the ballot paper in the ballot box.
4.5 Counting and reporting votes
(1) The returning officer must, as soon as practicable after a vote is completed, work out the result of the vote by counting the votes, including any proxy or postal votes.
(2) When the result of the vote is worked out, the returning officer must—
(a) announce the result; and
(b) prepare a written report of the result; and
(c) give copies of the report to the residents.
(3) The returning officer must—
(a) give copies of the report to the residents committee (if any); and
(b) place a copy of the report on a notice board in a communal area within the retirement village.
4.6 Returning officer's decision final
A decision of the returning officer in relation to a vote is final.
Part 4.3 Ballot for special resolution
This part applies if a measure or action relating to a retirement village requires a special resolution.
(1) A resolution about an action or measure requiring a special resolution must be put to a meeting of the residents of the village.
(2) At least 21 days written notice of the meeting must be given to each resident of the village.
(3) The notice must—
(a) include the resolution; and
(b) state that the resolution is to be put as a special resolution; and
(c) state that residents of the village may cast their vote, in writing, before the meeting; and
(d) give directions about how a vote under paragraph (c) is to be cast and recorded; and
(e) be accompanied by a ballot paper initialled by the returning officer.
4.9 Special resolution—postal vote
(1) A qualified voter may, before a meeting for a special resolution, cast a vote (a "postal vote") by giving it in writing to—
(a) the residents committee; or
(b) if there is no residents committee for the retirement village—the operator of the village.
(2) A postal vote received before the meeting must be kept in a safe and secure place.
(3) At the meeting, each postal vote must be—
(a) accounted for against a current list of residents; and
(b) handed to the returning officer.
(4) If a qualified voter has cast a postal vote in accordance with this section, the voter cannot—
(a) change or withdraw the postal vote; or
(b) vote in person or by proxy at the meeting in relation to the special resolution.
4.10 Special resolution—quorum
(1) A special resolution submitted at a meeting of the residents of a retirement village must not be considered unless a quorum is able to vote on the resolution at the meeting, either personally, by postal vote or by proxy.
(2) A quorum is—
(a) a minimum of 5 qualified voters, or 50% of qualified voters (whichever is the greater); or
(b) if the village has fewer than 10 occupied residential premises—the qualified voters from a majority of the occupied residential premises.
(3) If a quorum is not present within 1 / 2 an hour after the resolution arises for consideration at the meeting, the meeting must be adjourned for at least 7 days.
(4) If a quorum is not present within 1 / 2 an hour after the time fixed for the adjourned meeting, the qualified voters present personally or by proxy or postal vote constitute a quorum for considering the resolution.