Federal Register of Legislation - Australian Government

Primary content

Council (Elections) Rule 2016

Authoritative Version
Rules/Other as made
This rule provides for the arrangements for and methods of election of members of the Council of the University under paragraphs 10(1)(k), (l), (m), (n), (o) and (p) of the Australian National University Act 1991, and includes the maximum term of office of those members.
Administered by: Education and Training
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 09
Made 01 Jun 2016
Registered 06 Jun 2016
Tabled HR 30 Aug 2016
Tabled Senate 30 Aug 2016
Table of contents.

THE AUSTRALIAN NATIONAL UNIVERSITy

Council (Elections) Rule 2016

 

I, Professor Brian P. Schmidt, Vice-Chancellor of the Australian National University, make the following rule.

Dated 1 June 2016

Professor Brian P. Schmidt AC FAA FRS

Vice-Chancellor

 

 


Contents

Part 1— Preliminary. 1

1                 Name. 1

2                 Commencement 1

3                 Authority. 1

4                 Definitions. 1

Part 2— General election provisions. 2

Division 2.1— Elections conducted under statute. 2

5                 Application of Division 2.1. 2

6                 Giving notices etc. 2

Division 2.2— Elections: other than for deans and research school heads member. 2

7                 Application of Division 2.2. 2

8                 Elections conducted electronically. 2

9                 Intervals to be allowed by returning officer 3

10               Nominations to be made to returning officer 3

11               Nomination requirements. 3

12               Single nomination. 3

13               Envelopes to be issued with voting paper 3

14               Voting papers to contain candidate names etc. 3

15               Lost or destroyed voting papers. 3

16               Instructions on voting papers. 4

17               Voting must comply with instructions. 4

18               Disclosure of vote prohibited. 4

19               Acceptance or rejection of voting papers. 4

20               Opening of envelopes at close of poll etc. 4

21               Nomination of scrutineers. 5

22               Ineligible votes not to be accepted. 5

23               Deciding result of election. 5

24               Equal numbers of votes: exclusion of candidate. 5

25               Deciding order of voter’s preference. 5

26               Exhausted voting papers. 6

27               Recount 6

28               Declaration that election void. 6

Part 3— Provisions for particular elections. 7

Division 3.1— Elections for deans and research school heads member. 7

29               Application of Division 3.1. 7

30               Meeting to elect deans and research school heads member 7

31               Method of electing deans and research school heads member 7

Division 3.2— Elections for academic staff members. 7

32               Application of Division 3.2. 7

33               Notice of election: academic staff members. 7

34               Voting papers etc.: academic staff members. 8

35               Eligibility to be elected and vote: academic staff members. 8

Division 3.3— Elections for general staff member. 9

36               Application of Division 3.3. 9

37               Notice of election: general staff member 9

38               Voting papers etc.: general staff member 9

39               Eligibility to be elected and vote: general staff member 9

Division 3.4— Elections for student members. 10

40               Application of Division 3.4. 10

41               Notice of election conducted under statute: student members. 10

42               Voting papers etc. for election conducted under statute: student members. 10

43               Eligibility to be elected and vote: postgraduate student member 11

44               Eligibility to be elected and vote: undergraduate student member 11

 

 


Part 1—Preliminary

1          Name

This is the Council (Elections) Rule 2016.

2          Commencement

This instrument commences on the day after it is registered.

3          Authority

This instrument is made under section 20 of the Council (Elections) Statute 2016.

4          Definitions

In this instrument:

the Act means the Australian National University Act 1991.

the statute means the Council (Elections) Statute 2016.

[Note: The statute defines terms relevant to this instrument, including the following:

·         dean and research school heads member

·         academic staff (Faculties) member

·         academic staff (Institute) member

·         general staff member

·         postgraduate student member

·         undergraduate student member

·         working day.]

 

Part 2—General election provisions

Division 2.1—Elections conducted under statute

5          Application of Division 2.1

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

                    (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 the statute.

6          Giving notices etc.

                    (1)    If this instrument requires or permits a notice, voting paper, publication or anything else to be given to a person by the returning officer, the returning officer may send it to the person:

                                           (a)    by messenger to a place in the University that the returning officer considers appropriate; or
                                          (b)    by post to an address that the returning officer considers appropriate; or
                                           (c)    by electronic means to an email or internet address that the returning officer considers appropriate.

                    (2)    However, if a person entitled to vote in an election applies to the returning officer personally for a voting paper after voting papers have been sent in the election and before the close of the poll, the returning officer may give a voting paper to the person personally or send a voting paper electronically to the person at the person’s email or internet address.

Division 2.2—Elections: other than for deans and research school heads member

7          Application of Division 2.2

                    (1)    This Division applies to an election conducted under the statute for a Council member, other than the deans and research school heads member.

                    (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 an election for such a member conducted under the statute.

8          Elections conducted electronically

                    (1)    The returning officer may conduct the election using the internet.

                    (2)    If the election is conducted using the internet:

                                           (a)    a reference in this instrument to a notice board includes a reference to the appropriate page of the University’s internet website or to an email sent to an appropriate email address, or to the email address of each person eligible to vote the election; and
                                          (b)    if a standard official email address within the University’s email system is provided to a person, that email address may be regarded as the person’s address; and
                                           (c)    voting papers for the election may be given by email or on the internet; and
                                          (d)    the provisions of this Division (apart from this section) apply to the election with the modifications the returning officer considers necessary or appropriate for the election to be conducted using the internet.

                    (3)    Despite subsection (2)(d), if the election is conducted using the internet, the returning officer must ensure that the ballot is secret and that the identity of each person voting is kept separately from the person’s vote.

                    (4)    This section has effect despite any other provision of this instrument.

9          Intervals to be allowed by returning officer

In the conduct of the election, the returning officer must allow the following intervals:

                                           (a)    between the publication of the fact that the election is necessary and the day by which nominations must reach the returning officer, not shorter than 10 and not longer than 20 working days;
                                          (b)    between the day by which nominations must reach the returning officer and the issue of voting papers, not longer than 20 working days;
                                           (c)    between the issue voting papers and the day by which voting papers must reach the returning officer, not shorter than 10 and not longer than 40 working days.

10      Nominations to be made to returning officer

Nominations of candidates in the election must be made to the returning officer.

11      Nomination requirements

A nomination must be signed by 2 persons eligible to vote in the election (other than the candidate) and must contain the signed consent of the candidate to the nomination.

12      Single nomination

If only a single person is nominated for election and the person is eligible to be elected, the returning officer must declare the person to be elected.

13      Envelopes to be issued with voting paper

The returning officer must issue the following envelopes with every voting paper:

                                           (a)    an envelope marked ‘Voting Paper’;
                                          (b)    another envelope addressed to the returning officer on which a form of declaration is endorsed.

14      Voting papers to contain candidate names etc.

Every voting paper must contain the names of the candidates, in the order decided by the returning officer in public by lot, and indicate any retiring candidate.

15      Lost or destroyed voting papers

If a person’s voting paper is lost or destroyed, the returning officer must give the person a duplicate on the person’s written application.

16      Instructions on voting papers

The following instructions must be set out at the head of every voting paper:

INSTRUCTIONS TO VOTER

1.  Indicate your preference, or the order of your preference, on this voting paper by writing the number 1 against the name of the candidate for whom you wish to vote or by writing a series of consecutive numbers, beginning with the number 1, against the names of the candidates for whom you wish to vote, one number being written against the name of each such candidate. You are not required to write a number against the name of every candidate.

2.  Place this voting paper in the envelope marked ‘Voting Paper’.

3.  Seal that envelope and place it in the envelope addressed to the returning officer.

4.  Sign the declaration on the envelope addressed to the returning officer and post or deliver the envelope to the returning officer.

17      Voting must comply with instructions

A voter must vote in accordance with the instructions mentioned in section 16 (Instructions on voting papers).

18      Disclosure of vote prohibited

The returning officer, a deputy of the returning officer or a scrutineer must not disclose, or assist in disclosing, how any voter has voted.

19      Acceptance or rejection of voting papers

                    (1)    The returning officer must decide whether any voting paper is to be accepted or rejected.

                    (2)    The returning officer must accept a voting paper if it is received by the returning officer before the close of the poll.

20      Opening of envelopes at close of poll etc.

                    (1)    In this section:

returning officer envelope means the envelope, addressed to the returning officer, issued by the returning officer under section 13(b) (Envelopes to be issued with voting paper).

voting paper envelope means the envelope, marked ‘Voting Paper’, issued by the returning officer under section 13(a).

[Note: Both envelopes are issued with every voting paper. The completed voting paper is placed inside the voting paper envelope, which in turn is placed inside the returning officer envelope (see s 16 (Instructions on voting papers).]

                    (2)    All returning officer envelopes received by the returning officer must remain unopened until the close of the poll.

                    (3)    At the close of the poll, the returning officer or a deputy of the returning officer must:

                                           (a)    open each returning officer envelope on which the declaration has been signed by a voter entitled to vote in the election and take out the voting paper envelope; and
                                          (b)    place the voting paper envelopes together; and
                                           (c)    after all the voting paper envelopes have been placed together, open the envelopes and ascertain the result of the election.

21      Nomination of scrutineers

Each candidate is entitled to nominate a scrutineer to represent the candidate at the scrutiny.

22      Ineligible votes not to be accepted

The returning officer must not accept a vote unless the returning officer is satisfied that:

                                           (a)    it has been cast by a person eligible to vote in the election; and
                                          (b)    the person has voted only once in the election.

23      Deciding result of election

The result of the election must be decided in the following way:

                                           (a)    the returning officer must count the first preference votes given for each candidate on all unrejected voting papers;
                                          (b)    the candidate who received the largest number of first preference votes must be elected if that number is an absolute majority of votes;
                                           (c)    if no candidate received an absolute majority of first preference votes, the counting of votes must proceed as follows:
                                                           (i)    the candidate who received the fewest first preference votes is excluded, and each voting paper counted to that candidate must be counted to the candidate next in the order of the voter’s preference;
                                                         (ii)    if a candidate then has an absolute majority of votes, that candidate is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes, and counting each of that candidate's voting papers to the unexcluded candidate next in the order of the voter’s preference, must be repeated until a candidate has received an absolute majority of votes;
                                                       (iii)    the candidate who has received an absolute majority of votes is elected.

24      Equal numbers of votes: exclusion of candidate

                    (1)    This section applies if 2 or more candidates have the same number of votes and it becomes necessary to exclude one of them.

                    (2)    Whichever of the candidates was lowest on the poll at the last count at which they had an unequal number of votes must be excluded and, if the candidates had an equal number of votes at all previous counts or there was no previous count, the returning officer must decide by lot which candidate must be excluded.

25      Deciding order of voter’s preference

In deciding which candidate is next in the order of the voter’s preference, any candidates who have been excluded must not be considered, and the order of the voter’s preference must be decided as if the names of those candidates had not been on the voting paper.

26      Exhausted voting papers

If on any count there is no candidate next in the order of the voter’s preference on any voting paper, the voting paper must be set aside as exhausted.

27      Recount

                    (1)    The returning officer may recount the voting papers received in the election, at a candidate’s request or on the returning officer’s own initiative.

                    (2)    A request for a recount must be in writing and set out reasons in support of the request.

28      Declaration that election void

                    (1)    If, before the poll is declared in the election, the returning officer is satisfied that the election is, or will be, void because of an irregularity in the course or conduct of the election, the returning officer may, in writing, declare that the election is void from:

                                           (a)    the commencement of the election: or
                                          (b)    a specified point in the proceedings of the election that is after the notification of the fact that the election was necessary but before the irregularity happened.

                    (2)    If the returning officer declares the election is void from the commencement of the election, the returning officer must, as soon as practicable after making the declaration, conduct a fresh election in accordance with this instrument.

                    (3)    If the returning officer declares the election is void from a point in the proceedings of the election, the returning officer must, in writing, determine what proceedings in the election are necessary to ensure that the election will be regularly conducted and must conduct those proceedings in accordance with this instrument.

                    (4)    However, in the conduct of any proceedings in the election under subsection (3), the returning officer may, despite anything in section 9 (Intervals to be allowed by returning officer), determine, in writing, the intervals to be allowed between any events in the course of the further proceedings.

Part 3—Provisions for particular elections

Division 3.1—Elections for deans and research school heads member

29      Application of Division 3.1

This Division applies to an election for the deans and research school heads member.

30      Meeting to elect deans and research school heads member

                    (1)    If an election for the deans and research school heads member is necessary, the returning officer for the election must call a meeting of the deans and the heads of the research schools to elect the member.

                    (2)    The returning officer must give notice of the meeting to each person eligible to vote in the election.

                    (3)    The returning officer must allow a period of not shorter than 10 and not longer than 20 working days between giving notice of the meeting and the day of the meeting.

                    (4)    At the meeting the member may be elected only if 7 persons eligible to vote in the election are present.

31      Method of electing deans and research school heads member

The deans and heads of research schools present at the meeting called under section 30 must elect a dean or the head of a research school to be the deans and research school heads member:

                                           (a)    by agreement; or
                                          (b)    if more than 1 person is nominated as the member—by ballot; or
                                           (c)    if the member is not chosen under paragraph (a) or (b)—by lot.

Division 3.2—Elections for academic staff members

32      Application of Division 3.2

This Division applies to an election for the academic staff (Institute) member or the academic staff (Faculties) member.

33      Notice of election: academic staff members

                    (1)    If an election for the academic staff (Institute) member or the academic staff (Faculties) member is necessary, the returning officer for the election must:

                                           (a)    give a notice about the election to each person eligible to vote in the election; and
                                          (b)    publish a notice about the election on appropriate notice boards at the University.

                    (2)    A notice must:

                                           (a)    state that the election is necessary; and
                                          (b)    invite nominations of persons eligible for election; and
                                           (c)    specify the form in which nominations must be made; and
                                          (d)    specify the date and time by which nominations must reach the returning officer.

                    (3)    A notice is taken to have been given to a person if a copy of a publication in which that notice is published is sent to the person.

                    (4)    To remove any doubt, if elections for the academic staff (Institute) member and the academic staff (Faculties) member are necessary, this section does not prevent a single notice being used for both elections.

34      Voting papers etc.: academic staff members

                    (1)    If there is more than 1 valid nomination in an election for the academic staff (Institute) member or the academic staff (Faculties) member, the returning officer for the election must give each person eligible to vote in the election:

                                           (a)    a voting paper; and
                                          (b)    a notice about voting in the election.

                    (2)    The notice must:

                                           (a)    set out how the voter’s preference must be shown on the voting paper; and
                                          (b)    specify the date and time by which voting papers must reach the returning officer.

                    (3)    To remove any doubt, if elections for the academic staff (Institute) member and the academic staff (Faculties) member are necessary and more than 1 nomination is received in each election, this section does not prevent a single notice being used for both elections. However, separate voting papers must be used for each election.

35      Eligibility to be elected and vote: academic staff members

                    (1)    This section specifies, under sections 6(2) and 7(2) of the statute, the persons who are to be regarded as members of the academic staff of the Institute of Advanced Studies and the persons who are to be regarded as members of the academic staff of The Faculties.

                    (2)    For section 10(1)(l) of the Act, the statute and this instrument, a person is to be regarded as a member of the academic staff of the Institute of Advanced Studies for the purpose of being eligible to be elected as the academic staff (Institute) member if, on the payday immediately before the day nominations for the election were invited by notice under section 33 (Notice of election: academic staff members), the person was:

                                           (a)    paid salary by the University; and
                                          (b)    employed as a full-time or part-time standard or fixed term member of the academic staff of or above the grade of academic level A with duties that involve a predominant research focus.

                    (3)    For section 10(1)(m) of the Act, the statute and this instrument, a person is to be regarded as a member of the academic staff of The Faculties for the purpose of being eligible to be elected as the academic staff (Faculties) member if, on the payday immediately before the day nominations for the election were invited by notice under section 33, the person was:

                                           (a)    paid salary by the University; and
                                          (b)    employed as a full-time or part-time standard or fixed term member of the academic staff of or above the grade of academic level A with duties that involve both teaching and research.

                    (4)    For section 10(1)(l) and (m) of the Act, the statute and this instrument, a person is to be regarded as a member of the academic staff of the Institute of Advance Studies and a member of the academic staff of The Faculties for the purpose of being eligible to vote in an election for the academic staff (Institute) member or the academic staff (Faculties) member if, on the payday immediately before the day nominations for the election were invited by notice under section 33, the person was:

                                           (a)    paid salary by the University; and
                                          (b)    employed as a full-time or part-time standard or fixed term member of the academic staff of or above the grade of academic level A.

                    (5)    For subsections (2)(b) and (3)(b), the Vice-Chancellor may determine, in writing, whether a member of the academic staff is to be regarded as employed on duties that involve a predominant research focus or on duties that involve both teaching and research.

                    (6)    In this section:

payday means a day on which the salary of the majority of the persons to whom subsection (4) applies is paid.

Division 3.3—Elections for general staff member

36      Application of Division 3.3

This Division applies to an election for the general staff member.

37      Notice of election: general staff member

                    (1)    If an election for the general staff member is necessary, the returning officer for the election must:

                                           (a)    give a notice about the election to each person eligible to vote in the election; and
                                          (b)    publish a notice about the election on appropriate notice boards at the University.

                    (2)    A notice must:

                                           (a)    state that the election is necessary; and
                                          (b)    invite nominations of persons eligible for election; and
                                           (c)    specify the form in which nominations must be made; and
                                          (d)    specify the date and time by which nominations must reach the returning officer.

                    (3)    A notice is taken to have been given to a person if a copy of a publication in which that notice is published is sent to the person.

38      Voting papers etc.: general staff member

                    (1)    If there is more than 1 valid nomination in an election for the general member, the returning officer for the election must give each person eligible to vote in the election:

                                           (a)    a voting paper; and
                                          (b)    a notice about voting in the election.

                    (2)    The notice must:

                                           (a)    set out how the voter’s preference must be shown on the voting paper; and
                                          (b)    specify the date and time by which voting papers must reach the returning officer.

39      Eligibility to be elected and vote: general staff member

                    (1)    This section specifies, under section 8(2) of the statute, the persons who are to be regarded as members of the general staff of the University.

                    (2)    For section 10(1)(n) of the Act, the statute and this instrument, a person is to be regarded as a member of the general staff of the University if, on the payday immediately before the day nominations for the election were invited by notice under section 37 (Notice of election: general staff member), the person was:

                                           (a)    paid salary by the University; and
                                          (b)    employed as a full-time or part-time standard or fixed term member of the general staff in the University.

                    (3)    In this section:

payday means a day on which the salary of the majority of the persons to whom subsection (2) applies is paid.

Division 3.4—Elections for student members

40      Application of Division 3.4

This Division applies to an election for the postgraduate student member or the undergraduate student member.

41      Notice of election conducted under statute: student members

                    (1)    If an election for a student member is necessary and the election is conducted under the statute (and not by the student association under the association’s constitution), the returning officer for the election must:

                                           (a)    give a notice about the election to each person eligible to vote in the election; and
                                          (b)    publish a notice about the election on appropriate notice boards at the University.

                    (2)    A notice must:

                                           (a)    state that the election is necessary; and
                                          (b)    invite nominations of persons eligible for election; and
                                           (c)    specify the form in which nominations must be made; and
                                          (d)    specify the date and time by which nominations must reach the returning officer.

                    (3)    A notice is taken to have been given to a person if a copy of a publication in which that notice is published is sent to the person.

42      Voting papers etc. for election conducted under statute: student members

                    (1)    If there is more than 1 valid nomination in an election for a student member and the election is conducted under the statute (and not by the student association under the association’s constitution), the returning officer for the election must give each person eligible to vote in the election:

                                           (a)    a voting paper; and
                                          (b)    a notice about voting in the election.

                    (2)    The notice must:

                                           (a)    set out how the voter’s preference must be shown on the voting paper; and
                                          (b)    specify the date and time by which voting papers must reach the returning officer.

43      Eligibility to be elected and vote: postgraduate student member

                    (1)    This section specifies, under section 9(2) of the statute, the persons who are to be regarded as postgraduate students of the University.

                    (2)    For section 10(1)(o) of the Act, the statute and this instrument, a person is to be regarded as a postgraduate student of the University if the person is enrolled as a student at the University in a program for any of the following:

                                           (a)    the Bachelor of Medicine and Bachelor of Surgery degrees;
                                          (b)     a graduate diploma;
                                           (c)    a graduate certificate;
                                          (d)    a master’s degree;
                                           (e)    the Juris Doctor degree;
                                           (f)    the Medicinae ac Chirurgiae Doctoranda degree;
                                           (g)    a doctorate.

44      Eligibility to be elected and vote: undergraduate student member

                    (1)    This section specifies, under section 10(2) of the statute, the persons who are to be regarded as undergraduate students of the University.

                    (2)    For section 10(1)(p) of the Act, the statute and this instrument, a person is to be regarded as an undergraduate student of the University if the person is enrolled as a student at the University in a program (other than a program mentioned in section 43(2)).