New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 11)
(1) The board must:(a) cause the details of the proposal on which the ballot is to be held to be set out in a statement, and(b) fix the dates for:(i) the forwarding of ballots to members, and(ii) the closing of the ballot, and(c) appoint a returning officer for the ballot.
(2) Every ballot must be conducted by the returning officer appointed by the board.
(1) A director of the co-operative may not be appointed as a returning officer.
(2) The returning officer may be assisted in the performance of his or her duties by any person (who would be eligible to be a returning officer) appointed by the returning officer.
(1) The returning officer must prepare a roll of the full names and addresses of the members of the co-operative, as disclosed by the register of members, directors and shares, together with particulars of the number of votes each member would be entitled to exercise on a poll.
(2) A person whose name is on the roll is entitled to vote in the ballot, and no person is otherwise so entitled.
(3) The returning officer must cause ballot papers to be prepared:(a) in or to the effect of Form A in this Schedule, or(b) in such other form as the Registrar approves.
(4) Each ballot paper must:(a) be initialled by the returning officer or an appointed assistant, or(b) bear a mark that identifies it as a genuine ballot paper.
(5) The returning officer must, at least 21 days before the date fixed for the closing of the ballot, send by post or otherwise deliver to every member entitled to vote in the ballot one set of the following material:(a) one ballot paper,(b) an envelope (in this Schedule referred to as "the outer envelope") addressed to the returning officer,(c) a smaller envelope (in this Schedule referred to as "the middle envelope"), the reverse side of which must be printed in or to the effect of Form B in this Schedule,(d) a small envelope (in this Schedule referred to as "the inner envelope") in which the ballot paper is to be enclosed,(e) a copy of the statement prepared by the board setting out the details of the proposal on which the decision of the members is to be sought,(f) in the case of a special postal ballot, a copy of any disclosure statement approved by the Registrar under section 194 or 369R of the Act in respect of the ballot.
The returning officer may send a duplicate ballot paper to any voter if the returning officer is satisfied:
(a) that the voter has not received a ballot paper, or
(b) that the ballot paper received by the voter has been lost, spoilt or destroyed and that the voter has not already voted.
A member casts a vote in the ballot by:
(a) completing the details on the reverse side of the middle envelope, and
(b) marking his or her vote on the ballot paper according to the instructions on the ballot paper, and
(c) sending the ballot paper, in the envelopes provided, to the returning officer.
(1) The returning officer must provide a ballot box that must be locked immediately before the ballot papers are delivered to members in accordance with clause 3 (5) and must remain locked until the close of the ballot.
(2) The returning officer must place the outer envelopes in the ballot box not later than noon on the date fixed for the closing of the ballot.
(1) Ballot papers received after noon on the date fixed for the closing of the ballot must not be taken into account at the ballot.
(2) As soon as practicable after noon on the date fixed for the closing of the ballot, the returning officer must, in the presence of such scrutineers as may be appointed by the board, open the ballot box and deal with the contents in accordance with subclause (3).
(3) The returning officer must:(a) remove the middle envelope from the outer envelope, and(b) if a duplicate outer envelope has been issued and the original outer envelope is received, reject the original envelope and mark it “rejected”, and(c) according to the information on the middle envelope, for each set of voting papers returned, mark the voter’s name on the roll by drawing a line through the name, and(d) if a member’s name has already been crossed out on the roll, reject the postal vote and mark it “rejected”, and(e) if the middle envelope has not been signed, or if the details shown on the envelope are not sufficient to disclose by whom the vote is being exercised, reject the envelope and mark it “rejected”, and(f) extract the inner envelopes containing the ballot papers from all unrejected middle envelopes, separating the contents from the middle envelopes in such a way that no inner envelope could subsequently be identified with any particular voter, and(g) when all the middle envelopes have been dealt with in the above manner, open all unrejected inner envelopes and take the ballot papers from them.
(4) The ballot papers must be scrutinised by the returning officer who must reject as informal any ballot paper that:(a) is not duly initialled by the returning officer or appointed assistant or does not bear a mark that identifies it as a genuine ballot paper, or(b) is so imperfectly marked that the intention of the voter cannot be ascertained by the returning officer, or(c) has any mark or writing not authorised by this Schedule that, in the opinion of the returning officer, will enable the voter to be identified, or(d) has not been marked as prescribed on the ballot paper itself.
(1) The returning officer must count all votes cast and make out and sign a statement of:(a) the number of formal votes cast in favour of the proposal, and(b) the number of formal votes cast against the proposal, and(c) the number of informal votes cast, and(d) the number of middle envelopes marked “rejected”, and(e) the proportion of the formal votes cast in favour of the proposal.
(2) On the declaration of the returning officer of the result of the postal ballot, the board of the co-operative must cause an entry to be made in the minute book showing the particulars referred to in subclause (1) (a)-(c).
(3) The returning officer must forward a copy of the statement to the chairperson of the board of the co-operative who must announce the result of the ballot at the next general meeting.
(1) A co-operative must give notification of the result of a ballot (other than a ballot conducted to alter the rules of a co-operative) by displaying the result on the notice board at the registered office of the co-operative.
(2) In the case of a postal ballot conducted to alter the rules of a co-operative, the co-operative must cause the result of the ballot to be notified in writing to its members as soon as practicable after the alteration takes effect and, in any event, not later than the date on which notice is given to the members of the next annual general meeting of the co-operative following the date on which the alteration takes effect.
(1) The returning officer must retain:(a) all ballot papers (whether formal or otherwise), and(b) all rejected outer envelopes, and(c) all rolls,used in connection with the conduct of the postal ballot, locked in the ballot box, in accordance with this clause.
(2) The returning officer must retain those items for a period of not less than 8 weeks after the date fixed for the closing of the ballot unless directed in writing by the board to retain those items for a longer period specified in the board’s direction.
Co-operatives Regulation 2005 (Schedule 2, clause 3 (3))
Note: Before completing this ballot paper, please read the “How to vote” section below.
Name of Co-operative:
Ballot of members to determine the following proposal:
| Do you support the above proposal? (Please write YES or NO in the box) | ||
The ballot will close at noon on
1 Read these directions and the ballot paper carefully.
2 Complete and sign the details on the reverse side of the envelope that has appropriate spaces for the insertion of your name, address and signature (in this ballot paper referred to as "the middle envelope").
3 If:(a) you are in favour of the proposal-write the word “YES” in the box provided above, or(b) you are not in favour of the proposal-write the word “NO” in the box provided above.
4 After marking the ballot paper, fold it and place it in the small envelope provided and seal the envelope. Then place the small envelope in the completed middle envelope and place the middle envelope in the envelope addressed to the returning officer. Forward this envelope either by post or personal delivery so as to reach the returning officer not later than noon on
5 Unless the ballot paper is marked as indicated in 3 above and the details referred to in 2 above are completed in full and the middle envelope signed, your vote may be rejected as informal.
Initials of returning officer
Co-operatives Regulation 2005 (Schedule 2, clause 3 (5) (c))
Note: Please use capital letters for your name and address
(Full name of member)
(Address of member)
(Full name of person casting vote if vote is being cast on behalf of a co-operative or other body corporate that is a member)
(Address of person casting vote if vote is being cast on behalf of a co-operative or other body corporate that is a member)
(Signature of person casting vote)