ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SCHEDULE 2

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SCHEDULE 2

SCHEDULE 2
Section  111 METHOD OF COUNTING VOTES AND DETERMINING SUCCESSFUL CANDIDATES AT
REGIONAL
COUNCIL ELECTIONS
1. In a Regional Council election, the scrutiny shall be conducted, and the
several vacancies shall be filled, in the manner set out in this Schedule.
2. Where, for the purposes of this Schedule:

   (a)  the number of ballot papers or votes in any category is required to be
        ascertained;

   (b)  a quota, a transfer value or the order of standing of continuing
        candidates in a poll is required to be determined; or

   (c)  a candidate is required to be identified; the authorised electoral
        officer shall ascertain the number, determine the quota, transfer
        value or order, or identify the candidate, as the case may be.
3. The number of first preference votes given for each candidate and the total
number of all such votes shall be ascertained and a quota shall be determined
by dividing the total number of first preference votes by one more than the
prescribed number in relation to the Regional Council and by increasing the
quotient so obtained (disregarding any remainder) by 1, and any candidate who
has received a number of first preference votes equal to or greater than the
quota shall be elected.
4. Unless all the vacancies have been filled, the number (if any) of votes in
excess of the quota (in this clause called "surplus votes") of each elected
candidate shall be transferred to the continuing candidates as follows:

   (a)  the number of surplus votes of the elected candidate shall be divided
        by the number of first preference votes received by him or her and the
        resulting fraction shall be the transfer value;

   (b)  the total number of ballot papers of the elected candidate that
        express the first preference vote for him or her and the next
        available preference for a particular continuing candidate shall be
        multiplied by the transfer value, the number so obtained (disregarding
        any fraction) shall be added to the number of first preference votes
        of the continuing candidate and all those ballot papers shall be
        transferred to the continuing candidate; and any continuing candidate
        who has received a number of votes equal to or greater than the quota
        on the completion of any such transfer shall be elected.
5. Unless all the vacancies have been filled, the surplus votes (if any) of
any candidate elected under clause 4, or elected subsequently under this
clause, shall be transferred to the continuing candidates in accordance with
paragraphs 4 (a) and (b), and any continuing candidate who has received a
number of votes equal to or greater than the quota on the completion of any
such transfer shall be elected.
6. Where a continuing candidate has received a number of votes equal to or
greater than the quota on the completion of a transfer under clause 4 or 5 of
the surplus votes of a particular elected candidate, no votes of any other
candidate shall be transferred to the continuing candidate.
7. For the purposes of the application of paragraphs 4 (a) and (b) in relation
to a transfer under clause 5 or 12 of the surplus votes of an elected
candidate, each ballot paper of the elected candidate that was obtained by him
or her on a transfer under this section shall be dealt with as if any vote it
expressed for the elected candidate were a first preference vote, as if the
name of any other candidate previously elected or excluded had not been on the
ballot paper and as if the numbers indicating subsequent preferences had been
altered accordingly.
8. Where, after the counting of first preference votes or the transfer of
surplus votes (if any) of elected candidates, no candidate has, or fewer than
the number of candidates required to be elected have, received a number of
votes equal to the quota, the candidate who stands lowest in the poll shall be
excluded or, if a bulk exclusion can be effected in accordance with clause 9,
the candidates who may be excluded in accordance with that clause shall be
excluded, and:

   (a)  the total number of ballot papers expressing a first preference vote
        for an excluded candidate and the next available preference for a
        particular continuing candidate shall be transferred, each ballot
        paper at a transfer value of 1 vote, to the continuing candidate and
        added to the number of votes of the continuing candidate; and

   (b)  the total number (if any) of other ballot papers obtained by an
        excluded candidate or candidates, as the case may be, shall be
        transferred beginning with the ballot papers received by that
        candidate or those candidates at the highest transfer value and ending
        with the ballot papers received at the lowest transfer value, as
        follows:

        (i)    the total number of ballot papers received by the excluded
               candidate or candidates, as the case may be, at a particular
               transfer value and expressing the next available preference for
               a particular continuing candidate shall be multiplied by that
               transfer value;

        (ii)   the number so obtained (disregarding any fraction) shall be
               added to the number of votes of the continuing candidate;

        (iii)  all those ballot papers shall be transferred to the continuing
               candidate.
9. (1) The procedure for a bulk exclusion, and the circumstances in which such
an exclusion may be made, are as provided by this clause.

(2) A continuing candidate (in this clause called "Candidate A") shall be
identified, if possible, who, of the continuing candidates who each have a
number of notional votes equal to or greater than the vacancy shortfall,
stands lower or lowest in the poll.

(3) A continuing candidate (in this clause called "Candidate B") shall be
identified, if possible, who:

   (a)  stands lower in the poll than Candidate A, or if Candidate A cannot be
        identified, has a number of notional votes that is fewer than the
        vacancy shortfall;

   (b)  has a number of notional votes that is fewer than the number of votes
        of the candidate standing immediately higher than him or her in the
        poll; and

   (c)  if 2 or more candidates satisfy paragraphs (a) and (b)-is the
        candidate who of those candidates stands higher or highest in the
        poll.

(4) In a case where Candidate B has been identified and has a number of
notional votes fewer than the leading shortfall, Candidate B and any other
continuing candidates who stand lower in the poll than that candidate may be
excluded in a bulk exclusion.

(5) In a case where Candidate B has been identified and has a number of
notional votes equal to or greater than the leading shortfall:

   (a)  a continuing candidate (in this clause called "Candidate C") shall be
        identified who:

        (i)    has a number of notional votes that is fewer than the leading
               shortfall; and

        (ii)   if 2 or more candidates satisfy subparagraph (i)-is the
               candidate who of those candidates stands higher or highest in
               the poll; and

   (b)  Candidate C and all other continuing candidates who stand lower in the
        poll than that candidate may be excluded in a bulk exclusion.
10. Where, apart from this clause, the number of continuing candidates after a
bulk exclusion under clause 9 would be fewer than the number of remaining
unfilled vacancies, clause 9 shall operate to exclude only the number of
candidates, beginning with the candidate who stands lowest in the poll, that
would leave sufficient continuing candidates to fill the remaining unfilled
vacancies.
11. Notwithstanding any other provision of this Schedule (other than clause
16), where a candidate or candidates has or have been elected and there are
surplus votes as a result of that election, subclauses 9 (2), (3), (4) and (5)
may be applied as if references in those paragraphs to notional votes were
references to adjusted notional votes.
12. Any continuing candidate who has received a number of votes equal to or
greater than the quota on the completion of a transfer under clause 8 or 13 of
ballot papers of an excluded candidate or candidates, as the case may be,
shall be elected, and, unless all the vacancies have been filled, the surplus
votes (if any) of the candidate so elected shall be transferred in accordance
with paragraphs 4 (a) and (b), except that, where the candidate so elected is
elected before all the ballot papers of the excluded candidate or candidates,
as the case may be, have been transferred, the surplus votes (if any) of the
candidate so elected shall not be transferred until the remaining ballot
papers of the excluded candidate or candidates, as the case may be, have been
transferred in accordance with paragraphs 8 (a) and (b) to continuing
candidates.
13. Subject to clause 15, where, after the transfer of all of the ballot
papers of an excluded candidate or candidates, as the case may be, no
continuing candidate has received a number of votes greater than the quota,
the continuing candidate who stands lowest in the poll shall be excluded and
his or her ballot papers transferred in accordance with paragraphs 8 (a) and
(b).
14. Where a candidate is elected during a transfer of ballot papers under
clause 8 or 13, no other ballot papers of an excluded candidate or candidates,
as the case may be, shall be transferred to the candidate so elected.
15. In respect of the last vacancy for which 2 continuing candidates remain,
the continuing candidate who has the larger number of votes shall be elected
notwithstanding that that number is below the quota, and if those candidates
have an equal number of votes the authorised electoral officer shall decide by
lot which candidate shall be elected.
16. Notwithstanding any other provision of this Schedule, where the number of
continuing candidates is equal to the number of remaining unfilled vacancies,
those candidates shall be elected.
17. Subject to clauses 18 and 19, where, after any count under this Schedule,
2 or more candidates have surplus votes, the order of any transfers of the
surplus votes of those candidates shall be in accordance with the relative
sizes of the surpluses, the largest surplus being transferred first.
18. Subject to clause 19, where, after any count under this Schedule, 2 or
more candidates have equal surpluses, the order of any transfers of the
surplus votes of those candidates shall be in accordance with the relative
numbers of votes of those candidates at the last count at which each of those
candidates had a different number of votes, the surplus of the candidate with
the largest number of votes at that count being transferred first, but if
there has been no such count the authorised electoral officer shall determine
the order in which the surpluses shall be dealt with.
19. Where, after any count under this section, a candidate obtains surplus
votes, those surplus votes shall not be transferred before the transfer of any
surplus votes obtained by any other candidate on an earlier count.
20. Where a candidate is elected by reason that the number of first preference
votes received by him or her, or the aggregate of first preference votes
received by him or her and all other votes obtained by him or her, on
transfers under this Schedule, is equal to the quota, all the ballot papers
expressing those votes shall be set aside as finally dealt with.
21. A ballot paper shall be set aside as exhausted where on a transfer it is
found that the paper expresses no preference for any continuing candidate.
22. Where a candidate dies before the scrutiny, a vote indicated on a ballot
paper opposite the name of that candidate shall be counted to the candidate
next in the order of the voter's preference, and the numbers indicating
subsequent preferences shall be deemed to be altered accordingly.
23. For the purposes of this Schedule, each of the following is a separate
transfer:

   (a)  a transfer under clause 4, 5 or 12 of all the surplus votes of an
        elected candidate;

   (b)  a transfer under paragraph 8 (a) of all ballot papers expressing a
        first preference vote for an excluded candidate;

   (c)  a transfer under paragraph 8 (b) of all ballot papers received by the
        excluded candidate or candidates, as the case may be, at a particular
        transfer value.
24. In this Schedule:

"adjusted notional vote", in relation to a continuing candidate, means, in a
case where a candidate or candidates has or have been elected, the sum of:

   (a)  the number of notional votes of the continuing candidate; and

   (b)  the number, before the transfer of any of the surplus votes, of those
        surplus votes;

"continuing candidate" means a candidate not already elected or excluded from
the count;

"leading shortfall", in relation to a particular stage during the scrutiny in
a Regional Council election, means the shortfall of the continuing candidate
standing highest in the poll at that stage;

"notional vote", in relation to a continuing candidate, means the aggregate of
the votes obtained by that candidate and the votes obtained by each other
candidate who stands lower in the poll than him or her;

"shortfall", in relation to a continuing candidate at a particular stage
during the scrutiny in a Regional Council election, means the number of votes
that the candidate requires at that stage in order to reach the quota referred
to in clause 3;

"vacancy shortfall", in relation to a particular stage during the scrutiny in
a Regional Council election, means the aggregate of the shortfalls of that
number of leading candidates equal to the number of remaining unfilled
vacancies, the leading candidates being ascertained by taking the continuing
candidate who stands highest in the poll, the continuing candidate who stands
next highest in the poll, and so on in the order in which the continuing
candidates stand in the poll.
25. In this Schedule, a reference to votes or ballot papers, as the case may
be, of or obtained or received by a candidate includes votes or ballot papers,
as the case may be, obtained or received by the candidate on any transfer
under this Schedule.
26. For the purposes of this Schedule, at any time after the counting of first
preference votes the order of standing of the continuing candidates in the
poll shall be determined as follows:

   (a)  subject to paragraph (b), the continuing candidates shall stand in the
        poll in the order of the relative number of votes of each continuing
        candidate, with the continuing candidate with the greatest number of
        votes standing highest in the poll and the continuing candidate with
        the fewest number of votes standing lowest in the poll;

   (b)  if 2 or more continuing candidates have the same number of votes,
        those candidates shall stand in the poll in the order of the relative
        number of votes of each of those candidates at the last count at which
        each of them had a different number of votes, with the continuing
        candidate with the greater or greatest number of votes at that count
        standing higher in the poll and the continuing candidate with the
        fewer or fewest number of votes at that count standing lower in the
        poll, but if there has been no such count the authorised electoral
        officer shall determine the order of standing of those candidates in
        the poll.