Election of Council Members Policy/Draft Statute
Council approval: C95/59(1), 11 October 1995
Last amended: Council C01/16, 3 April 2001
Division 1. Preliminary
1. This Statute may be cited as the "Election of Council Members Statute".
2. This Statute is divided as follows:
Division 1 Preliminary
Division 2 Election of Academic Staff Members
Division 3 Election of General Staff Member
Division 4 Election of Student Members
Division 5 Returning Officer
Division 6 Conduct of Elections
Division 7 Counting of Votes
Division 8 Declaration of Election
3. In this Statute, except insofar as the context or subject matter otherwise indicates or requires:
absolute majority of votes means a greater number than one half of the number of voting papers eligible to be counted
Act means the University of the Sunshine Coast Act 1998, as amended
continuing candidate means a candidate not excluded at a previous count
enrolled student means a student who is currently enrolled and registered in an award course;
staff has a collective meaning for both academic and general members.
Division 2. Election of academic staff members
4. This Division applies to the election of elected members referred to in Sections 16(2)(a) and 88(1)(a) of the Act.
5. A member of the academic staff is eligible to stand for election if a member:
(a) whose name appears in the Roll of Academic Staff, pursuant to Clause 15(1) as at 4.30pm on the seventh day before the date for close of nominations and
(b) who has been substantively appointed and whose employment is on at least a half-time basis or
(c) whose employment with the University is to expire on a specified date and is on at least a half-time basis
but is not a member of the academic staff whose employment with the University is, by the terms of appointment by, or a contract with, the University, expressed to be part-time, temporary or casual.
6. A member of the academic staff shall be elected by those persons whose names appear in the Roll of Academic Staff as at 4.30pm on the seventh day before the date for close of nominations.
Division 3. Election of general staff member
7. This Division applies to the election of an elected member referred to in Sections 16(2)(b) and 88(1)(b) of the Act.
8. A member of the general staff is eligible to stand for election if a member:
(a) whose name appears in the Roll of General Staff, pursuant to Clause 15(2) as at 4.30pm on the seventh day before the date for close of nominations and
(b) who has been appointed on either a permanent or contract basis and whose service is expressed to be full-time
9. A member of the general staff shall be elected by those persons whose names appear in the Roll of General Staff as at 4.30pm on the seventh day before the date for close of nominations.
Division 4. Election of student members
10. This Division applies to the election of elected members referred to in Section 16(2)(c) and 88(1)(c) of the Act.
11. A member of the student body is eligible to stand for election if a member whose name appears in the Roll of Students pursuant to Clause 15(3) as at 4.30pm on the seventh day before the date for close of nominations.
12. A member of the student body shall be elected by those persons whose names appear in the Roll of Students as at 4.30pm on the seventh day before the date for close of nominations.
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Division 5. Returning officer
13. The Deputy Vice-Chancellor shall be the Returning Officer.
14. The Returning Officer:
(a) shall conduct all elections held under this Statute
(b) may be assisted in the performance of the powers and duties conferred under this Statute by such persons as the Returning Officer appoints
(c) shall maintain an attitude of impartiality in relation to candidates and
(d) shall be the arbiter of any issue which arises as a result of the conduct of any elections held under this Statute
15. (1) The Returning Officer shall keep a Roll of Academic Staff containing the names and last known addresses of those persons who are members of the academic staff:
(a) who have been substantively appointed and whose service with the University is on at least a half-time basis or
(b) whose service with the University is to expire on a specified date and is on at least a half-time basis
(2) The Returning Officer shall keep a Roll of General Staff containing the names and last known addresses of those persons who are members of the general staff who have been appointed on either a permanent or contract basis and whose service with the University is expressed to be full-time.
(3) The Returning Officer shall keep a Roll of Students containing the names and last known addresses of those persons who are enrolled students but who are not full-time members of staff.
(4) The Returning Officer shall delete from the Roll of Academic Staff, the Roll of General Staff and the Roll of Students the name of any person who ceases to come within the provisions of Subclause (1), (2) or (3), as the case may be.
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Division 6. Conduct of elections
16. Not more than two (2) months prior to the expiration of the term of office of an elected member the Returning Officer shall conduct an election in accordance with this Statute.
17. In the conduct of an election the following intervals shall be allowed:
(a) between the date of publication or display of the notice of election and the date for the close of nominations - not less than fourteen (14) days and not more than twenty-eight (28) days
(b) between the date for the close of nominations and the date of dispatch or issue of voting papers - not more than fourteen (14) days and
(c) between the date of dispatch or issue of voting papers and the date by which completed voting papers must be returned to the Returning Officer - not less than fourteen (14) days and not more than twenty-eight (28) days
18. The Returning Officer shall declare the Rolls closed in any election as at 4.30pm on the seventh day before the date for the close of nominations.
19. A person who believes that they are entitled to have their name entered in a Roll may inspect that Roll between the hours of 9am and 5pm on weekdays.
20. An election conducted under this Statute shall not be invalid for reason only of the omission of the name of a person who is entitled to have their name entered in a Roll or the inclusion of the name of a person who is not entitled to have their name in a Roll.
21. (1) The Returning Officer shall notify an election by:
(a) displaying a notice of election on noticeboards designated as Official University Noticeboards
(b) sending or delivering a copy of the notice of election to each person whose name is entered in the Roll for the election and
(c) such other means, if any, as the Returning Officer thinks fit
(2) A notice of election referred to in Subclause (1) above shall specify:
(a) the qualifications for candidature
(b) the form of the nomination
(c) a date and time by which nominations must reach the Returning Officer and
(d) state the period during which the Roll will be open for inspection and the date of its closure
22. The Returning Officer shall not accept a nomination unless:
(a) the nomination is in writing in the form specified in the notice of election
(b) the nomination is signed by two (2) persons who are eligible to vote at the election in respect of which nomination is made
(c) the person nominated has consented to stand for election by a note in writing given to the Returning Officer before the date and time specified in the notice of election for the close of nominations or by a notation to that effect on the nomination form and
(d) the nomination is received by the Returning Officer before the date and time specified in the notice of election for the close of nominations
23. (1) If, following the close of nominations, the number of nominations does not exceed the number of persons to be elected, the Returning Officer shall declare the person or persons nominated to be elected.
(2) Where the number of nominations is less than the number of persons to be elected, the Returning Officer shall declare an appropriate number of casual vacancies.
24. If, following the close of nominations, the number of nominations exceeds the number of persons to be elected, a ballot shall be held.
25. Where a ballot is to be held in an election, the Returning Officer shall send by post, or by such other means as the Returning Officer may determine, a voting paper to each person whose name is entered in the Roll for the election.
26. A voting paper shall:
(a) contain the names of candidates in alphabetical order and
(b) be initialled by the Returning Officer or by such person or persons as the Returning Officer appoints
27. A voting paper sent or issued to a person entitled to vote at an election shall be accompanied by:
(a) an unsealed envelope addressed to the Returning Officer
(b) an envelope marked "Voting Paper"
(c) instructions for the completion and transmission of the voting paper to the Returning Officer and
(d) where submitted by a candidate, a statement not exceeding 100 words setting out the candidate's qualifications for office
28. Where a voting paper has been destroyed or lost, a duplicate may be issued by the Returning Officer upon receipt of a written declaration from the person to whom that voting paper was sent or issued that the voting paper has been destroyed or lost.
29. An election conducted under this Statute shall not be invalid by reason only that a person who is eligible to vote in the election did not receive a voting paper sent or issued under Clause 25.
30. A voter shall record a vote for at least one candidate by placing the number "1" opposite the name of the candidate to whom they desire to give their first preference vote and they may then, at their discretion, given contingent votes to some or all of the remaining candidates by placing the numbers "2", "3", "4" and so on, as the case may require, opposite the names of the other candidates so as to indicate by numerical sequence the order of their preference for those candidates.
31. After having recorded their vote, a voter shall:
(a) place the voting paper in the envelope marked "Voting Paper" and seal that envelope
(b) place the envelope marked "Voting Paper in the return envelope forwarded with the voting paper addressed to the Returning Officer
(c) seal the return envelope
(d) complete their full name and address and inscribe their signature on the back of the return envelope and
(e) transmit the envelope in accordance with the instructions for its transmission so as to reach the Returning Officer before the date and time specified in the instructions for the return of voting papers.
32. (1) In any ballot, the Returning Officer shall reject any envelope purporting to contain a voting paper, being an envelope:
(a) which is not received by the Returning Officer before the date and time specified for the return of voting papers in the election or
(b) which does not have inscribed upon it the name and signature of a person eligible to vote in the election;or
(c) which is unsealed
without opening the outer envelope or inspecting the voting paper.
(2) If it appears to the Returning Officer that the signature appearing on the back of any envelope is not the signature of the person whose name and address appear on the back of the envelope, the Returning Officer may make such inquiries as are necessary and if, after those inquiries, the Returning Officer is satisfied that the signature is not the signature of that person, any voting paper in the envelope shall be rejected without opening the envelope or inspecting the voting paper.
33. The result of the ballot in an election shall be ascertained by the Returning Officer as soon as practicable after the date and time for the return of voting papers in the election.
34. Each candidate in a ballot shall be entitled, pursuant to procedures determined by the Returning Officer, to appoint a scrutineer to represent them at the opening of envelopes containing voting papers and at the scrutiny of votes.
35. (1) At the scrutiny of votes in a ballot, a voting paper shall be rejected as informal if:
(a) it is not initialled by the Returning Officer or a person appointed by the Returning Officer or
(b) it has not been completed in accordance with the instructions prescribed in Clause 30
(2) A voting paper shall not be rejected as informal by reason only of any mark or writing thereon which is not authorised or required by this Statute if, in the opinion of the Returning Officer, the voter's intention is clearly indicated on the voting paper.
(3) The scrutiny of votes in a ballot shall be conducted as follows:
(a) the Returning Officer shall produce unopened the envelopes addressed to the Returning Officer and verify the names and signatures contained thereon
(b) the Returning Officer shall then open the envelopes and remove the envelopes marking "Voting Paper"
(c) the Returning Officer shall then open each such envelope, extract the voting paper and place it in an enclosed ballot box
(d) when the voting papers from all the envelopes opened as referred to in paragraph (b) have been placed in the ballot box, the Returning Officer shall then remove the voting papers from the ballot box
(e) the Returning Officer shall then examine each voting paper and reject, under Subclause (1), those which are informal
(f) the Returning Officer shall then proceed to count the votes and ascertain the result of the election in accordance with Division 7
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Division 7. Counting of votes
36. (1) Where one vacancy is to be filled, the Returning Officer shall declare elected the candidate who has an absolute majority of votes.
(2) Where no candidate has an absolute majority of votes, the Returning Officer shall eliminate the candidate with the lowest number of votes and distribute their next higher preference to the continuing candidates.
(3) The procedures specified in Subclause (2) shall be repeated until one candidate has an absolute majority of votes whereupon the Returning Officer shall declare that candidate elected.
37. Where there are two (2) or more vacancies to be filled, the candidates receiving the lowest number of votes shall be progressively eliminated and their next highest preference shall be distributed to the continuing candidates until there remains only such number of candidates as there are vacancies to be filled whereupon the Returning Officer shall declare those candidates elected.
38. Any voting paper on which there is not recorded a vote for a continuing candidate shall be ineligible to be counted.
Division 8. Declaration of election
39. Within two (2) working days of determining the result of an election the Returning officer shall declare the result of an election by:
(a) displaying a notice of the outcome of the election on noticeboards designated as Official University Noticeboards and
(b) giving written advice of the outcome to each candidate
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