Content
Election of Council Members - Governing Policy
Responsible officer: Vice-Chancellor and President
Designated officer: Director, Human Resources
Approving authority: Council
Approval: Council C95/59(1), 11 October 1995
Last amended: 4 July 2011 (Minor amendment)
Effective starting date: 12 October 1995
Any policies replaced by this policy: Draft Election of Council Members Statute
Related policies:
Due date for next review: 18 August 2014
Part A: Preliminary
1. Purpose of policy
The following policy is intended to set out the process for the conduct of elections for membership of Council referred to in Section 15(2) of the University of the Sunshine Coast Act 1998.
2. Application of policy
This policy applies to members of the University’s full-time and part-time academic staff, members of the University’s full-time and part-time general staff, and to enrolled students of the University who are not also members of the University’s full-time or part-time staff.
3. Definitions
In this Policy the following definitions apply:
absolute majority of votes means a number greater than one half of the number of voting papers eligible to be counted;
Act means the University of the Sunshine Coast Act 1998;
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 of the University;
staff has a collective meaning for both academic and general members.
Part B: Policy
4. Election of academic staff members to the Council
4.1 This Section applies to the election of elected members referred to in section 15(2)(a) of the Act.
4.2 A member of the academic staff is eligible to stand for election if such person is a member
whose name appears in the Roll of Academic Staff, pursuant to sub-section 7.3 of this Policy, as at 4.30pm on the seventh day before the date for close of nominations.
4.3 A member of the academic staff must 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.
5. Election of a general staff member
5.1 This Section applies to the election of an elected member referred to in section 15(2)(b) of the Act.
5.2 A member of the general staff is eligible to stand for election if such person is a member
whose name appears in the Roll of General Staff, pursuant to sub-section 7.4 of this Policy, as at 4.30pm on the seventh day before the date for close of nominations.
5.3 A member of the general staff must 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.
6. Election of student members
6.1 This Section applies to the election of elected members referred to in section 15(2)(c) of the Act.
6.2 A member of the student body is eligible to stand for election if such person is a member whose name appears in the Roll of Students pursuant to sub-section 7.5 of this Policy as at 4.30pm on the seventh day before the date for close of nominations.
6.3 A member of the student body must 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.
7. Returning Officer
7.1 The Director, Human Resources will be the Returning Officer.
7.2 The Returning Officer:
(a) will conduct all elections held under this Policy;
(b) may appoint persons to assist in the performance of these duties;
(c) must maintain an attitude of impartiality in relation to candidates; and
(d) will be the arbiter of any issue which arises as a result of the conduct of any election held under this Policy.
7.3 The Returning Officer will keep a Roll of Academic Staff containing the names and last known addresses of those persons who are members of the academic staff pursuant to section 15(3)(a) of the Act.
7.4 The Returning Officer will keep a Roll of General Staff containing the names and last known addresses of those persons who are members of the general staff pursuant to section 15(3)(b) of the Act.
7.5 The Returning Officer will keep a Roll of Students containing the names and last known addresses of those persons who are enrolled students pursuant to section 15(3)(c) of the Act but who are not full-time or part-time members of staff.
7.6 The Returning Officer must 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 sub-section 7.3, 7.4 or 7.5 as the case may be.
7.7 The Returning Officer may add to any roll the name of any person qualified to vote, whose name has been inadvertently omitted from that roll, up until 4.30pm on the seventh day before the date for close of nominations.
8. Conduct of elections
8.1 Not more than 2 months prior to the expiration of the term of office of an elected member the Returning Officer will conduct an election in accordance with this Policy.
8.2 In the conduct of an election the following intervals must 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 14 days and not more than 28 days;
(b) between the date for the close of nominations and the date of dispatch or issue of voting papers - not more than 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 14 days and not more than 28 days.
8.3 The Returning Officer will declare the Rolls closed in any election as at 4.30pm on the seventh day before the date for the close of nominations.
8.4 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.
8.5 An election conducted under this Policy will 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.
8.6 The Returning Officer will 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.
8.7 A notice of election referred to in sub-section 8.6 above must 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) the period during which the Roll will be open for inspection and the date of its closure.
8.8 The Returning Officer will 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 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.
8.9 If, following the close of nominations, the number of nominations does not exceed the number of persons to be elected, the Returning Officer will declare the person or persons nominated to be elected.
8.10 Where the number of nominations is less than the number of persons to be elected, the Returning Officer must declare an appropriate number of casual vacancies.
8.11 If, following the close of nominations, the number of nominations exceeds the number of persons to be elected, a ballot will be held.
8.12 Where a ballot is to be held in an election, the Returning Officer will 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.
8.13 A voting paper must:
(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.
8.14 A voting paper sent or issued to a person entitled to vote at an election will 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.
8.15 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.
8.16 An election conducted under this Policy will 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 sub-section 8.12.
8.17 A voter must 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, give 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.
8.18 After having recorded their vote, a voter must:
(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.
8.19 In any ballot, the Returning Officer must reject any envelope purporting to contain a voting paper, being an envelope which:
(a) is not received by the Returning Officer before the date and time specified for the return of voting papers in the election; or
(b) does not have inscribed upon it the name and signature of a person eligible to vote in the election; or
(c) is unsealed,
without opening the outer envelope or inspecting the voting paper.
8.20 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 considered 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 must be rejected without opening the envelope or inspecting the voting paper.
8.21 The result of the ballot in an election must be ascertained by the Returning Officer as soon as practicable after the date and time for the return of voting papers in the election.
8.22 Each candidate in a ballot will 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.
8.23 At the scrutiny of votes in a ballot, a voting paper must 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 sub-section 8.17.
8.24 A voting paper will not be rejected as informal by reason only of any mark or writing thereon which is not authorised or required by this Policy if, in the opinion of the Returning Officer, the voter’s intention is clearly indicated on the voting paper.
8.25 The scrutiny of votes in a ballot must be conducted as follows:
(a) the Returning Officer will produce unopened the envelopes addressed to the Returning Officer and verify the names and signatures contained thereon;
(b) the Returning Officer will then open the envelopes and remove the envelopes marked “Voting Paper”;
(c) the Returning Officer will 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 sub-section 8.25(c) have been placed in the ballot box, the Returning Officer will then remove the voting papers from the ballot box;
(e) the Returning Officer will then examine each voting paper and reject, under sub-section 8.23, any which are informal;
(f) the Returning Officer will then proceed to count the votes and ascertain the result of the election in accordance with Section 9.
9. Counting of Votes
9.1 Where one vacancy is to be filled, the Returning Officer will declare elected the candidate who has an absolute majority of votes.
9.2 Where no candidate has an absolute majority of votes, the Returning Officer will eliminate the candidate with the lowest number of votes and distribute the votes cast for such candidate to the continuing candidates in accordance with the next highest preference of the relevant voters.
9.3 The procedures specified in sub-section 9.2 must be repeated until one candidate has an absolute majority of votes, whereupon the Returning Officer will declare that candidate elected.
9.4 Where there are 2 or more vacancies to be filled, the candidates receiving the lowest number of votes must be progressively eliminated in accordance with the procedure in sub-section 9.2 until there remains only such number of candidates as there are vacancies to be filled, whereupon the Returning Officer will declare those candidates elected.
9.5 Any voting paper on which there is not recorded a vote for a continuing candidate will be ineligible to be counted in the distribution of preference votes.
10. Declaration of Election
10.1 Within 2 working days of determining the result of an election the Returning Officer must declare the result of the 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.
END
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