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From The Horse’s Mouth

23 February 2010

According to the Australian Electoral Commission, the definition of ‘nominate’ is:

“To nominate is to declare an intention of standing as a candidate in an election.  The nomination is lodged with the Returning Officer by a predetermined date.”

So the date I signed the form, along with my proposer and seconder, was the date I declared my intention of standing as a candidate; in other words, it was the nomination date. 

Then how about this:

“Where the Returning Officer finds that a nomination is or may be defective, the Returning Officer shall, before rejecting the nomination, notify the person concerned of the defect and where practicable, give the person the opportunity of remedying the defect or providing further information in support of the nomination, within a period of not less than seven days after being notified. 

Where the Returning Officer has notified a person of a defective nomination, and where that person has remedied the defect and advised the Returning Officer within the time prescribed by the Returning Officer, the Returning Officer shall accept the nomination.”  

Of course there is always the possibility that the Australian Electoral Commission just doesn’t know what it’s talking about.

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6 comments

  1. That’s brilliant! Have you forwarded it to anyone at the Guild?


  2. Well, the Electoral Commission has been around for longer than the guild, hasn’t it?

    Perhaps they are due respect purely because of age and seniority?


  3. Maybe next year?


  4. But the Guild will come back with the “fact” that they have their own rules, which supercede any other governing body in matters regarding said Guild.

    A new, separate guild may be the only answer, letting the old one die out.


  5. sally , that’s the rules for Electoral Commission . Not the Guild 🙂


    • Most legal activities have a “model” methodology. It seems sensible not to reinvent the wheel but to adopt that of a recognised body in the field of elections and polls as the best way of handling matters. As it is, the Guild has lost huge credibility in its decisions by deliberately refusing to accept freely-offered legal advice. It may be an organisation managed by amateurs/volunteers, but that is all the more reason why the Guild should seek professional guidance when the occasion demands.

      If lawyers want to learn to knit, they don’t ask another lawyer, they turn to someone who can teach knitting… Same principle!



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