Southern Cross University By-Laws 2000
Part 2 - The Council
Division
1 | Division 2 | Division
3 | Division
4
Division 2 - Election of Members
of Council
8. Returning Officer
(1) An election of any elected member of the Council is to be conducted
by the Secretary to Council who is to be the Returning Officer for the
election.
(2) The Returning Officer must appoint a Deputy Returning
Officer (with such powers as the Returning Officer may determine) and
other persons to assist the Returning Officer in the conduct of all or
any part of an election referred to in this Chapter.
(3) The Returning Officer’s decision is, subject to
the Act and this By-Law, final on all matters affecting the eligibility
of candidates, the conduct and results of an election and such other matters
as may from time to time affect the conduct of elections.
9. Rolls
The Returning Officer is to keep the following:
(a) for the purposes of section 10 (5) (a) of the Act—a
Roll of Academic Staff containing the names and addresses of those persons
who are classified as full-time or fractional-time members of the academic
staff of the University,
(b) for the purposes of section 10 (5) (b) of the Act—a Roll of Non-Academic
Staff containing the names and addresses of those persons who are classified
as full-time or fractional-time members of the non-academic staff of the
University,
(c) for the purposes of section 10 (5) (c) of the Act—a Roll of Students
containing the names and addresses of those persons enrolled in courses
that are listed in the register of courses of the University that have
a minimum duration of one year full-time or equivalent.
10. Qualification for election as member of academic
staff
For the purposes of section 10 (5) (a) of the Act, in respect of a person
seeking election as a member of the academic staff of the University,
the prescribed qualification is that the person’s name is entered
on the Roll of Academic Staff at the time specified in the notice referred
to in clause 13 for the close of nominations for the election.
11. Qualification for election as member of non-academic
staff
For the purposes of section 10 (5) (b) of the Act, in respect of a person
seeking election as a member of the non-academic staff of the University,
the prescribed qualification is that the person’s name is entered
on the Roll of Non-Academic Staff at the time specified in the notice
referred to in clause 13 for the close of nominations for the election.
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12. Qualification for election as member of student
For the purposes of section 10 (5) (c) of the Act, in respect of a person
seeking election as a student of the University, the prescribed qualifications
are that the person’s name:
(a) is entered on the Roll of students, and
(b) is not enrolled on the Roll of Academic Staff or the Roll of Non-Academic
Staff, at the time specified in the notice referred to in clause 13
for the close of nominations for the election.
13. Notice of election and call for nominations
(1) If an election of a member or members of the Council is necessary,
the Returning Officer must publish on the Internet by means of the Website
of the University, and by any other means that the Secretary to Council
considers appropriate a notice referred to in this clause, and:
(a) in the case of an election of a staff member or staff members of
Council—must send or deliver a copy of the notice to each person
whose name is in the relevant roll of staff of the University, and
(b) in the case of an election of a student member of the Council—must
publish or cause to be published such copies of the notice in such manner
as the Returning Officer considers necessary to inform the persons whose
names are entered on in the Roll of Students of the University of its
contents.
(2) The notice for the purposes of this clause must:
(a) state that an election is necessary, and
(b) invite nominations of persons for election, and
(c) specify the form in which nominations must be made, and
(d) specify a date and time for the close of nominations, being the
date and time by which nomination papers must reach the Returning Officer,
and
(e) specify how ballot papers may be obtained, and
(f) fix a date and time for the close of the ballot, being the date
and time by which ballot papers must reach the Returning Officer, and
(g) contain such other information relation to the election as the Returning
Officer thinks fit (which may include, for example, details of the number
of vacancies to be filled and of the terms of office of the members
of the Council to be elected).
(3) An election is not invalid only because a person whose
name is in a relevant roll of staff or students did not sight a notice
or copy of a notice, or did not receive a copy of a notice, referred to
in this clause.
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14. Schedule of dates for Council elections
In the conduct of an election, the Returning Officer must allow:
(a) between publication of the notice referred to in clause
13 and the date and time specified for the close of nominations—not
less than 14 and not more than 28 days, and
(b) between the date and time specified for the close of the nominations
and issue of ballot papers under clause 18—not more than 28 days,
and
(c) between the issue of ballot papers under clause 18 and the date and
time specified for the close of the ballot—not less than 14 and not
more than 28 days.
15. Making of nominations
(1) A nomination of a candidate for election as a member of the Council
must be made by sending or delivering a nomination paper to the Returning
Officer.
(2) A nomination paper must be signed by 2 persons entitled
to vote at the election for which the candidate is nominated and must
be endorsed with or accompanied by the written consent of the person nominated.
(3) There must be a separate nomination paper for each candidate.
(4) A candidate may provide with the nomination paper a
statement of not more than 150 words containing information relating to
the candidate that he or she wishes to supply. That information may include,
for example, the following information:
(a) full name,
(b) faculty, school or department,
(c) academic qualifications and experience,
(d) positions or offices held at any time in public bodies, clubs and
institutions (including University clubs and societies) with dates of
tenure.
(5) Statements containing more than 150 words must not be
accepted by the Returning Officer. The Returning Officer (or a person
appointed by the Returning Officer) is to edit all statements supplied
to ensure that they contain no defamatory or offensive material. The edited
statements are to be printed and distributed with the ballot papers.
(6) The Returning Officer must reject a nomination paper
if satisfied that:
(a) the nomination is not duly made, or
(b) the person nominated is not eligible to be elected.
(7) The Returning Officer must, within 4 days after receipt
of a nomination paper, send or deliver a notice to each person who has
signed or endorsed the nomination paper, notifying the person of the acceptance
or rejection of the nomination.
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16. Dealing with nominations
(1) If, at the close of nominations, the number of candidates is the same
or less than the number of vacancies to be filled, the Returning Officer
must declare the candidate or candidates to be elected.
(2) If, at the close of nominations, the number of candidates
is more than the number of vacancies to be filled, the Returning Officer
must conduct a ballot to fill the vacancy or vacancies.
17. Form of ballot
A ballot for a Council election must be a secret ballot using the optional
preferential system.
18. Conduct of ballot
(1) The Returning Officer must, if there is to be an election for a staff
member or staff members of the Council, send or deliver a ballot paper
to each person whose name is enrolled on the relevant roll of staff of
the University.
(2) The Returning Officer must, if there is to be an election
for the student member of the Council:
(a) publish, in such manner as the Returning Officer considers necessary,
a notice specifying the dates and times of polling, the location of
polling booths and any other relevant information, and
(b) forward a ballot paper to each person whose name is in the Roll
of Students if the person has applied for the issue of a ballot paper
by post and the application has been received not later than 10 days
before the close of the ballot for the election.
(3) A person whose ballot paper becomes lost or destroyed
may apply in writing to the Returning Officer for a duplicate ballot paper
and, if satisfied of the truth of the application, the Returning Officer
must supply a duplicate ballot paper to that person.
(4) An election is not invalid only because a person whose
name is enrolled on the relevant roll of staff or students of the University
did not receive a ballot paper.
(5) In this clause, a reference to a person’s name
being in a relevant roll of staff or students of the University is a reference
to the person’s name being in the roll concerned at the close of
nominations for the relevant election.
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19. Notice to accompany ballot paper
With each ballot paper issued in respect of a Council election, there
must also be issued:
(a) a notice setting out how the ballot paper is to be
completed and specifying the date and time by which ballot papers for
that election must reach the Returning Officer, and
(b) 2 envelopes, one marked “Ballot Paper” and the other addressed
to the Returning Officer on the outside of which must be printed a form
of declaration of identity and of entitlement to vote to be signed by
the voter.
20. Contents of ballot paper
Each ballot paper must contain the names of the candidates in the order
drawn at random by the Returning Officer, or by a person appointed by
the Returning Officer, for the purposes of the election and must be initialled
by the Returning Officer or by a person appointed by the Returning Officer.
21. Method of voting
Each voter must mark a vote on the ballot paper by placing the figure
“1” in the square opposite the name of the candidate to whom
the voter desires to give a first preference vote, and may place consecutive
figures (commencing with the figure “2”) in the squares opposite
the names of any of the remaining candidates, so as to indicate by numerical
sequence the order of the voter’s preference for them.
22. Voting at staff elections
(1) In the case of an election of a staff member of the Council, each
voter must:
(a) place the completed ballot paper in the envelope marked “Ballot
Paper” and seal that envelope, and
(b) complete the form of declaration of identity and entitlement to
vote on the inside of the envelope addressed to the Returning Officer,
and
(c) enclose and seal the envelope marked “Ballot Paper” in
the envelope addressed to the Returning Officer, and
(d) send or deliver to the Returning officer the envelope so addressed
so as to ensure the Returning officer will receive it before the close
of the ballot.
(2) All envelopes received by the Returning Officer under
this clause must be deposited in the relevant ballot box.
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23. Voting at student elections
(1) Subject to subclauses (2) and (3), in the case of an election of the
student member of the Council, any student who has been recognised, by
a person appointed by the Returning Officer to attend a polling booth,
as being a person whose name is in the relevant Roll of Students and whose
name is then marked on a copy of that roll to signify the issue of a ballot
paper, must be provided with a ballot paper.
(2) A student provided with a ballot paper who desires to
vote at a polling booth must, in the presence of a person appointed by
the Returning Officer, deposit the vote in the relevant ballot box provided
for the purpose at the polling booth.
(3) A student who has been forwarded a ballot paper under
clause 18 (2) (b) and who wishes to vote must:
(a) place the completed ballot paper in the envelope marked “Ballot
Paper” and seal that envelope, and
(b) complete the form of declaration of identity and entitlement to
vote on the inside of the envelope addressed to the Returning Officer,
and
(c) enclose and seal the envelope marked “Ballot Paper” in
the envelope addressed to the Returning Officer, and
(d) send or deliver to the Returning officer the envelope so addressed
so as to ensure the Returning officer will receive it before the close
of the ballot.
(4) All envelopes received by the Returning Officer under
subclause (3) must be deposited in the relevant ballot box.
(5) Despite subclause (3), a student referred to in that
subclause may vote by depositing the ballot paper forwarded to the student
in the relevant ballot box at a polling booth.
24. Envelopes and ballot papers not to be opened
(1) All envelopes received by the Returning Officer under clause 22 or
23 must remain unopened until the close of the ballot.
(2) A ballot box referred to in clause 22 or 23 must remain
unopened until the close of the ballot.
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25. Procedure on close of ballot
As soon as practicable after the close of the ballot, the Returning Officer
or a person appointed by the Returning Officer must:
(a) open the ballot boxes, and
(b) open the envelopes addressed to the Returning Officer and received
before the close of the ballot, and
(c) if the declaration of identity is duly signed by a qualified voter,
place the unopened envelope containing the ballot paper with other similar
envelopes, and
(d) open the envelopes referred to in paragraph (c) and take out the ballot
papers, and
(e) count the votes, and ascertain the result of the ballot, in the manner
set out in clauses 26–30.
26. Informal ballot papers
(1) A ballot paper is informal if it has on it any mark or writing that,
in the opinion of the Returning Officer, will enable any person to identify
the voter.
(2) A ballot paper is informal if not initialled under clause
20.
(3) A ballot paper is informal if the voter has not indicated
a clear preference for at least one candidate.
(4) Despite subclause (3), a ballot paper is not informal
only because any figures placed on the ballot paper are not placed in,
or entirely in, the squares opposite the candidates’ names, if the
figures are placed on the ballot paper in such positions as, in the opinion
of the Returning Officer, clearly indicate the order of the voter’s
preference for the candidates.
27. Nomination of scrutineers
(1) Each candidate is entitled to nominate one scrutineer to be present
at the count.
(2) A person is not to be a scrutineer in an election in
which he or she is a candidate.
28. Secrecy of ballot to be maintained
(1) The result of the count must remain confidential until the declaration
of the poll by the Returning Officer.
(2) The Returning Officer, any person appointed by the Returning
Officer or any scrutineer must not in any way disclose or aid in disclosing
the manner in which any voter has voted.
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29. Manner of counting votes and ascertaining result
of ballot
In this Division:
an absolute majority of votes means a greater
number than one-half of the whole number of formal ballot papers counted.
continuing candidate means a candidate not already
excluded from the count.
determine by lot means determine in accordance
with the following directions:
(a) the names of the candidates concerned must be written
on separate and similar slips of paper,
(b) the slips must be folded so as to prevent identification and mixed
and drawn at random,
(c) the candidate whose name is first drawn must be excluded.
30. Determination of result of ballot
(1) If a ballot has been held for the purpose of an election the result
of the ballot must be determined as provided in this clause.
(2) The Returning Officer must count the total number of
ballot papers and exclude any informal papers.
(3) The Returning Officer must count the number of first
preference votes given for each candidate.
(4) The candidate who has received the largest number of
first preference votes must, if that number constitutes an absolute majority
of votes, be declared by the Returning Officer to be elected.
(5) If no candidate has received an absolute majority of
first preference votes, the candidate who has received the fewest first
preference votes must be excluded and each of the ballot papers counted
to that candidate must be counted to the continuing candidate next in
order of the voter’s preference.
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(6) If on any count 2 or more candidates have an equal number
of votes and one of them has to be excluded, the candidate to be excluded
must be determined as follows:
(a) if the count is the first made in connection with the ballot, the
Returning Officer must determine by lot which of those candidates is
to be excluded,
(b) if the count is the second or subsequent count made in connection
with the ballot:
(i) that candidate must be excluded who had the least number of votes
at the last count at which one of those candidates received fewer
votes than each of the others, or
(ii) the Returning Officer must determine by lot which of those candidates
is to be excluded, if at all preceding counts no one of those candidates
received fewer votes than each of the others.
(7) The process of excluding the candidate who has the fewest
votes and counting each of the ballot papers counted to that candidate
to the continuing candidate next in order of the voter’s preference
must (subject to subclauses (8) and (9)) be continued:
(a) until one continuing candidate has an absolute majority of votes
in which event that candidate must be declared by the Returning Officer
to be elected; or
(b) until all candidates but one have been excluded in which event the
remaining candidate must be declared elected.
(8) If at any point during any particular count after the
first preference votes have been counted, the candidate next in order
of a voter’s preference is not indicated or cannot be ascertained,
that ballot paper must, from that point onwards, be excluded from that
particular count and the total of the ballot papers counted must be amended
accordingly. The ballot paper must, however, be reinstated in any later
counts carried out in accordance with subclause (10).
(9) If any further positions remain to be filled, all excluded
candidates must be reinstated with their first preference votes credited
and each of the ballot papers counted to the elected candidate or candidates
must be counted to the reinstated candidate next in order of the voter’s
preference as if it were a first preference vote.
(10) The procedures described in subclauses (4) to (9) apply
until all vacancies are filled.
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3 | Part 4 | Part
5
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