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Council (Elections) Statute 2016

Authoritative Version
Statutes as made
This instrument contains provisions concerning membership of the Council of the University and election to certain categories of membership of the Council. It enables the making of Rules and Orders by the Vice-Chancellor to carry out and give effect to the Statute.
Administered by: Education and Training
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 09
Made 27 May 2016
Registered 30 May 2016
Tabled HR 30 Aug 2016
Tabled Senate 30 Aug 2016
Table of contents.

THE AUSTRALIAN NATIONAL UNIVERSITy

Council (Elections) Statute 2016

 

The Council of the Australian National University makes the following statute.

Dated 27 May 2016

 

Professor the Hon Gareth Evans AC QC FASSA FAIIA

Chancellor

 

 


Contents

Part 1— Preliminary. 1

1                 Name. 1

2                 Commencement 1

3                 Authority. 1

4                 Definitions. 1

Part 2— Elected Council members. 3

5                 Deans and research school heads member 3

6                 Academic staff (Institute) member 3

7                 Academic staff (Faculties) member 4

8                 General staff member 4

9                 Postgraduate student member 5

10               Undergraduate student member 5

Part 3— Election provisions. 7

Division 3.1— Elections conducted under this instrument 7

11               Application of Division 3.1. 7

12               Elections to be by preferential voting and secret ballot 7

13               Appointment of returning officer etc. 7

14               Conduct of election by returning officer 7

15               Decisions of returning officer final etc. 7

Division 3.2— Elections for student members. 8

16               Conditions for conduct of elections by student associations. 8

17               Conduct of student member elections under this instrument 9

Part 4— Miscellaneous. 11

18               Approved forms. 11

19               Delegation by Vice-Chancellor 11

20               Rules. 11

21               Orders. 11

22               Repeals. 12

23               Application of instrument to student members etc. 12

 

 


Part 1—Preliminary

1          Name

This is the Council (Elections) Statute 2016.

2          Commencement

This instrument commences on the day after it is registered.

3          Authority

This instrument is made under section 50 of the Australian National University Act 1991.

4          Definitions

In this instrument:

academic staff (Faculties) member: see section 7(1).

academic staff (Institute) member: see section 6(1).

constitution, of a student association, means the objects and rules of the association under the Associations Incorporation Act 1991 (ACT), and includes any regulations or other instrument made under those rules applying to the election of a student member.

deans and research school heads member: see section 5(1).

general staff member: see section 8(1).

order means an order made under or for the purposes of this statute.

postgraduate student association means the Australian National University Postgraduate and Research Students’ Association Incorporated, an association incorporated under the Associations Incorporation Act 1991 (ACT).

postgraduate student member: see section 9(1).

returning officer, for an election conducted under this instrument, means the person who is appointed under section 13(1) (Appointment of returning officer etc.) as returning officer to conduct the election.

rule means a rule made under or for the purposes of this statute.

student association means:

                                           (a)    in relation to the election of the postgraduate student member—the postgraduate student association; or

                                          (b)    in relation to the election of the undergraduate student member—the undergraduate student association.

student member means the postgraduate student member or the undergraduate student member.

the Act means the Australian National University Act 1991.

this instrument includes the rules and orders.

undergraduate student association means the Australian National University Students’ Association Incorporated, an association incorporated under the Associations Incorporation Act 1991 (ACT).

undergraduate student member: see section 10(1).

working day means a day that is not a Saturday, a Sunday, a public holiday in the Australian Capital Territory, or a University holiday.

Part 2—Elected Council members

5          Deans and research school heads member

                         (1)    This section applies in relation to the Council member mentioned in section 10(1)(k) of the Act (the deans and research school heads member).

[Note:         This Council member must be either a dean or the head of a research school and must be elected, in either case, by the deans and the heads of the research schools voting together.]

                         (2)    For section 10(1)(k) of the Act and this instrument, an order may prescribe the bodies that are to be regarded as colleges and research schools and the persons who are to be regarded as the dean or head of such a body.

                         (3)    The deans and research school heads member must be:

                                           (a)    a dean or the head of a research school; and
                                          (b)    elected by the deans and the heads of the research schools voting together.

                         (4)    The election must be conducted under this instrument.

                         (5)    The deans and research school heads member is elected (otherwise than to fill a casual vacancy under section 15 of the Act) for a term of 2 years.

[Note:         A person elected to fill a casual vacancy holds office for the remainder of the term of office of the person’s predecessor (see s 16(2) of the Act).]

                         (6)    The deans and research school heads member may be re-elected. However, the member must not hold office as a Council member (in any capacity) for longer than 8 consecutive years, unless the Council considers it appropriate for the member hold office as a Council member for longer than that period.

6          Academic staff (Institute) member

                         (1)    This section applies in relation to the Council member mentioned in section 10(1)(l) of the Act (the academic staff (Institute) member).

[Note:         This Council member must be a member of the academic staff of the Institute of Advanced Studies elected by members of that staff.]

                         (2)    For section 10(1)(l) of the Act and this instrument, a rule may prescribe the persons who are to be regarded, for all or stated purposes, as members of the academic staff of the Institute of Advanced Studies.

                         (3)    The academic staff (Institute) member must be:

                                           (a)    a member of the academic staff of the Institute of Advanced Studies; and
                                          (b)    elected by members of that staff.

                         (4)    The election must be conducted under this instrument.

                         (5)    The academic staff (Institute) member is elected (otherwise than to fill a casual vacancy under section 15 of the Act) for a term of 2 years.

[Note:         A person elected to fill a casual vacancy holds office for the remainder of the term of office of the person’s predecessor (see s 16(2) of the Act).]

                         (6)    The academic staff (Institute) member may be re-elected. However, the member must not hold office as a Council member (in any capacity) for longer than 8 consecutive years, unless the Council considers it appropriate for the member hold office as a Council member for longer than that period.

7          Academic staff (Faculties) member

                         (1)    This section applies in relation to the Council member mentioned in section 10(1)(m) of the Act (the academic staff (Faculties) member).

[Note:         This Council member must be a member of the academic staff of The Faculties elected by members of that staff.]

                         (2)    For section 10(1)(m) of the Act and this instrument, a rule may prescribe the persons who are to be regarded, for all or stated purposes, as members of the academic staff of The Faculties.

                         (3)    The academic staff (Faculties) member must be:

                                           (a)    a member of the academic staff of The Faculties; and
                                          (b)    elected by members of that staff.

                         (4)    The election must be conducted under this instrument.

                         (5)    The academic staff (Faculties) member is elected (otherwise than to fill a casual vacancy under section 15 of the Act) for a term of 2 years.

[Note:         A person elected to fill a casual vacancy holds office for the remainder of the term of office of the person’s predecessor (see s 16(2) of the Act).]

                         (6)    The academic staff (Faculties) member may be re-elected. However, the member must not hold office as a Council member (in any capacity) for longer than 8 consecutive years, unless the Council considers it appropriate for the member hold office as a Council member for longer than that period.

8          General staff member

                         (1)    This section applies in relation to the Council member mentioned in section 10(1)(n) of the Act (the general staff member).

[Note:         This Council member must be a member of the general staff of the University elected by members of that staff.]

                         (2)    For section 10(1)(n) of the Act and this instrument, a rule may prescribe the persons who are to be regarded as members of the general staff of the University.

                         (3)    The general staff member must be:

                                           (a)    a member of the general staff of the University; and
                                          (b)    elected by members of that staff.

                         (4)    The election must be conducted under this instrument.

                         (5)    The general staff member is elected (otherwise than to fill a casual vacancy under section 15 of the Act) for a term of 2 years.

[Note:         A person elected to fill a casual vacancy holds office for the remainder of the term of office of the person’s predecessor (see s 16(2) of the Act).]

                         (6)    The general staff member may be re-elected. However, the member must not hold office as a Council member (in any capacity) for longer than 8 consecutive years, unless the Council considers it appropriate for the member hold office as a Council member for longer than that period.

9          Postgraduate student member

                         (1)    This section applies in relation to the Council member mentioned in section 10(1)(o) of the Act (the postgraduate student member).

[Note:         This Council member must be a postgraduate student of the University elected by the postgraduate students of the University.]

                         (2)    For section 10(1)(o) of the Act and this instrument, a rule may prescribe the persons who are to be regarded as postgraduate students of the University.

                         (3)    The postgraduate student member must be:

                                           (a)    a postgraduate student of the University; and
                                          (b)    elected by the postgraduate students of the University.

                         (4)    The election must be conducted by the postgraduate student association under the association’s constitution.

[Note:         The association must ensure that the conditions mentioned in s 16(2) (Conditions for conduct of elections by student associations) are complied with in relation to the election.]

                         (5)    However, if a direction is in force under section 17(3) (Conduct of student member elections under this instrument) in relation to elections for the postgraduate student member, the election must be conducted under this instrument.

                         (6)    The postgraduate student member is elected (otherwise than to fill a casual vacancy under section 15 of the Act) for a term of 12 months. However, if the association’s constitution provides for a different period of no longer than 15 months ending on the day of the declaration of the results of the association’s next annual election for elected positions in the association, the constitution may provide that the term of the postgraduate student member also ends on that day.

[Note:         A person elected to fill a casual vacancy holds office for the remainder of the term of office of the person’s predecessor (see s 16(2) of the Act).]

                         (7)    The postgraduate student member may be re-elected. However, the member must not hold office as a Council member (in any capacity) for longer than 8 consecutive years, unless the Council considers it appropriate for the member hold office as a Council member for longer than that period.

10      Undergraduate student member

                         (1)    This section applies in relation to the Council member mentioned in section 10(1)(p) of the Act (the undergraduate student member).

[Note:         This Council member must be an undergraduate student of the University elected by the undergraduate students of the University.]

                         (2)    For section 10(1)(p) of the Act and this instrument, a rule may prescribe the persons who are to be regarded as undergraduate students of the University.

                         (3)    The undergraduate student member must be:

                                           (a)    an undergraduate student of the University; and
                                          (b)    elected by the undergraduate students of the University.

                         (4)    The election must be conducted by the undergraduate student association under the association’s constitution.

[Note:         The association must ensure that the conditions mentioned in s 16(2) (Conditions for conduct of elections by student associations) are complied with in relation to the election.]

                         (5)    However, if a direction is in force under section 17(3) (Conduct of student member elections under this instrument) in relation to elections for the undergraduate student member, the election must be conducted under this instrument.

                         (6)    The undergraduate student member is elected (otherwise than to fill a casual vacancy under section 15 of the Act) for a term of no longer than 12 months. However, if the association’s constitution provides for a different period of no longer than 15 months ending on the day of the declaration of the results of the association’s next annual election for elected positions in the association, the constitution may provide that the term of the undergraduate student member also ends on that day.

[Note:         A person elected to fill a casual vacancy holds office for the remainder of the term of office of the person’s predecessor (see s 16(2) of the Act).]

                         (7)    The undergraduate student member may be re-elected. However, the member must not hold office as a Council member (in any capacity) for longer than 8 consecutive years, unless the Council considers it appropriate for the member hold office as a Council member for longer than that period.

Part 3—Election provisions

Division 3.1—Elections conducted under this instrument

11      Application of Division 3.1

                         (1)    This Division applies to an election for a Council member conducted under this instrument.

                         (2)    To remove any doubt, this Division does not apply to an election for a student member conducted by the student association under the association’s constitution, but does apply to the election for such a member conducted under this instrument.

12      Elections to be by preferential voting and secret ballot

                         (1)    This section applies to an election, other than an election for the deans and research school heads member.

                         (2)    The election must be conducted:

                                           (a)    by a method of preferential voting; and
                                          (b)    by secret ballot.

13      Appointment of returning officer etc.

                         (1)    For each election, the Vice-Chancellor must, in writing, appoint a person as returning officer to conduct the election.

                         (2)    The power to appoint a person as the returning officer for an election must be exercised personally by the Vice-Chancellor and may not be delegated.

                         (3)    The returning officer for an election may, in writing, appoint deputies to assist the returning officer to conduct the election.

14      Conduct of election by returning officer

The returning officer for an election must ensure that the election is conducted fairly, and, in particular, the returning officer must take reasonable steps to ensure that persons eligible to become candidates and vote in the election:

                                           (a)    are given reasonable notice of the opportunity to become candidates and vote; and
                                          (b)    are given reasonable information about how and when they may become candidates and vote; and
                                           (c)    have a reasonable opportunity to become candidates and vote in the election.

15      Decisions of returning officer final etc.

A decision of the returning officer for an election about the conduct or result of the election is final and not subject to appeal or review in any way.

 

 

Division 3.2—Elections for student members

16      Conditions for conduct of elections by student associations

                         (1)    This section applies to an election for a student member conducted by the student association under the association’s constitution.

                         (2)    The student association must ensure that the following conditions are complied with in relation to the election:

                                           (a)    the election must be conducted by the association under the association’s constitution;
                                          (b)    a person is not eligible to nominate a candidate for election, be nominated as a candidate for election, vote, or be elected, in the election unless the person is:
                                                           (i)    for an election conducted by the postgraduate student association—a postgraduate student of the University; or
                                                         (ii)    for an election conducted by the undergraduate student association—an undergraduate student of the University;
                                           (c)    the student member must be directly elected as the student member by:
                                                           (i)    for an election conducted by the postgraduate student association—the postgraduate students of the University; or
                                                         (ii)    for an election conducted by the undergraduate student association—the undergraduate students of the University;
                                          (d)    if the election is not for a casual vacancy—the election must be conducted at the same time as the annual elections for elected positions in the association;
                                           (e)    the student association must appoint a returning officer for the election;
                                           (f)    the returning officer must ensure that the election is conducted fairly, and, in particular, the returning officer must take reasonable steps to ensure that persons eligible to become candidates and vote in the election:
                                                           (i)    are given reasonable notice of the opportunity to become candidates and vote; and
                                                         (ii)    are given reasonable information about how and when they may become candidates and vote; and
                                                       (iii)    have a reasonable opportunity to become candidates and vote in the election;
                                           (g)    the returning officer must also ensure that the election otherwise complies with this instrument;
                                          (h)    the student association must take the steps necessary, or that the returning officer reasonably requires, to assist the returning officer ensure that the election is conducted fairly and otherwise complies with this instrument;
                                            (i)    the election must be by a method of preferential voting and by secret ballot;
                                            (j)    after the conclusion of the election, the returning officer must declare the result of the election;
                                          (k)    the returning officer must report to the Vice-Chancellor on the conduct and the result of the election within 2 working days after the day the result of the election is declared by the returning officer;
                                            (l)    the election must otherwise comply with this instrument.

                         (3)    To remove any doubt, subsection (2) does not prevent:

                                           (a)    the election from being conducted for the association by an authority of the Commonwealth or a State or Territory; or
                                          (b)    the association from conducting the election for the student member at the same time as, and in association with, elections for positions in the association; or
                                           (c)    the student member from being elected to another position in the association by a separate election conducted by the association at the same time as, and in association with, the election for the student member: or
                                          (d)    the returning officer for the election for the student member from being the returning officer for elections for positions in the association that are conducted at the same time.

17      Conduct of student member elections under this instrument

                         (1)    This section applies if the Vice-Chancellor is satisfied in relation to the election of a student member (the relevant election) that:

                                           (a)    a condition mentioned in section 16(2) has not been complied with, is not being complied with, or will not be complied with, in relation to the election; and
                                          (b)    noncompliance with the condition is contrary to the interests of the University, its good governance or the interests of the relevant student community.

                         (2)    Without limiting subsection (1)(b), the Vice-Chancellor may be satisfied about the matter mentioned in that paragraph if the Vice Chancellor is satisfied that any of the following applies in relation to the election:

                                           (a)    the person elected is not eligible to have been elected or has been elected by persons not eligible to vote in the election;
                                          (b)    the election has not been conducted, is not being conducted, or will not be conducted, in a way that results the person elected being directly elected as the student member;
                                           (c)    the election has not been conducted, is not being conducted, or will not be conducted, by a method of preferential voting or by secret ballot (or both);
                                          (d)    there has been a serious irregularity in the course or conduct of the election;
                                           (e)    the result of the election is not, or is not likely to be, reliable;
                                           (f)    the conduct of the election is not, or will not, be fair.

Examples for paragraph (f):

1 the returning officer could not reasonably be considered to be impartial or has behaved in a way that could reasonably be considered to be biased

2 the returning officer is failing, or has failed, to conduct the election in an orderly way, maintain the secrecy of the ballot or ensure the integrity of the voting

3 persons eligible to become candidates and vote in the election have not been given reasonable notice of the opportunity to become candidates and vote or reasonable information about how and when they may become candidates and vote

4 persons eligible to become candidates and vote in the election have not been given a reasonable opportunity to become candidates and vote in the election.

                         (3)    The Vice-Chancellor may, in writing, direct that elections for the student member must be conducted under this instrument and not by the student association under the association’s constitution.

                         (4)    If the relevant election has commenced but the result of the election has not been declared by the returning officer for the election, the election process ends, anything done for or in relation to the election ceases to have effect, and a fresh election must be conducted under this instrument.

                         (5)    Subsection (6) applies if:

                                           (a)    the result of the relevant election has been declared by the returning officer for the election; and
                                          (b)    either:
                                                           (i)    the returning officer has not reported to the Vice-Chancellor on the conduct and the result of the election; or
                                                         (ii)    the returning officer has reported to the Vice-Chancellor on the conduct and the result of the election but less than 10 working days have elapsed after the day the report was made.

                         (6)    If this subsection applies, anything done for or in relation to the election ceases to have effect, the person declared to be elected as the student member is taken not to have been elected, and a fresh election must be conducted under this instrument.

                         (7)    The direction under subsection (3) remains in effect for a specified period of no longer than 12 months unless it is revoked sooner.

                         (8)    Subsection (7) does not prevent the Vice-Chancellor from giving a further direction under subsection (3) in relation to the conduct of elections for the student member.

                         (9)    If the Vice-Chancellor makes, revokes, or varies the period of effect of, a direction under subsection (3), the Vice–Chancellor must:

                                           (a)    inform the Council at its next meeting; and
                                          (b)    give written notice of the action taken by the Vice-Chancellor to the President of the relevant student association within 5 working days after the day the action is taken.

                     (10)    If, as result of the making of a direction under subsection (3), a person declared to be elected as the student member is taken not to have been elected, the Vice-Chancellor must also give written notice of the making of the direction to that person within 5 working days after the day the direction is made.

                     (11)    The power to make, revoke or vary a direction under subsection (3) must be exercised personally by the Vice-Chancellor and may not be delegated.

Part 4—Miscellaneous

18      Approved forms

                    (1)    The Vice-Chancellor may, in writing, approve forms for this instrument.

                    (2)    If the Vice-Chancellor approves a form for a particular purpose, the form must be used for that purpose.

                    (3)    The Vice-Chancellor must ensure that approved forms are publicly available on the University’s website or any other way that the Vice-Chancellor considers appropriate.

19      Delegation by Vice-Chancellor

                         (1)    The Vice-Chancellor may, in writing, delegate all or any of the Vice-Chancellor’s functions or powers under this instrument to a member of the staff of the University.

                         (2)    However, Vice-Chancellor must not delegate:

                                           (a)    the power to make rules under section 20 or orders under section 21; or
                                          (b)    any function or power that, under this instrument, must be exercised personally by the Vice-Chancellor.

[Note: For functions and powers under this statute that must be exercised personally by the Vice-Chancellor, see the following provisions:

·         section 13(2) (Appointment of returning officer etc.)

·         section 17(11) (Conduct of student member elections under this instrument).]

20      Rules

                         (1)    The Vice-Chancellor may make rules:

                                           (a)    regulating, or providing for the regulation of, matters mentioned in this instrument, including matters required or permitted by this instrument to be prescribed by rule; or
                                          (b)    for carrying out or giving effect to this instrument.

                         (2)    Without limiting subsection (1), a rule may make provision with respect to:

                                           (a)    the method of any election provided for by this instrument; and
                                          (b)    the determination of questions raised in relation to the conduct or result of such an election.

                         (3)    To remove any doubt, a rule may provide for any election to be conducted, in whole or part, by electronic means, including by the use of computers or the internet.

21      Orders

The Vice-Chancellor may make orders:

                                           (a)    regulating, or providing for the regulation of, matters mentioned in this instrument, including matters required or permitted by this instrument to be prescribed by order; or
                                          (b)    for carrying out or giving effect to this instrument.

 

22      Repeals

The following instruments are repealed:

                                           (a)    Membership of the Council Statute 2010;
                                          (b)    Membership of the Council Rules 2013;
                                           (c)    Membership of the Council (Heads of Faculties and Research Schools) Rules 2014.

23      Application of instrument to student members etc.

                    (1)    This instrument does not apply in relation to a student member, or an election for a student member, until 1 January 2017.

                    (2)    If, immediately before 1 January 2017, a person was a student member, the person is taken to have been elected as the student member under this instrument for the balance of the person’s term of office as student member that remained immediately before that day.