Rules for Conduct of Elections for Members of Council
1. Application of These Rules
These Rules shall apply to and in respect of election referred to in
section 10(5) of the Act.
2. Time Periods Relating to the Conduct of Elections
In the conduct of an election referred to in these Rules, the Returning
Officer shall allow an interval:
(1) between the publication of the notice referred to in clause 3
and the time prescribed for the receipt of nominations, of not less
than 14 days;
(2) between the time prescribed for the receipt of nominations and
the issue of voting papers, not more than 28 days; and
(3) between the issue of voting papers and the time by which voting
papers must be received by the Returning Officer, of not less than 14
nor more than 28 days.
3. Publication of Notices
(1) Where an election for membership of the Council is necessary, the
Returning Officer shall publish on notice boards in the University and
in University news sheets a note and shall in the case of an election
of a person referred to in section 10(5)(c) of the Act, advise external
students by notice mailed to such students.
(2) A notice referred to in subclause (1) shall:
(a) state that an election is necessary;
(b) set out the number of vacancies to be filled;
(c) invite nominations for election;
(d) specify the form in which nominations shall be made;
(e) prescribe the date and time by which nomination papers must be received
by the Returning Officer; and
(f) contain such other information relating to the election as the Returning
Officer thinks fit.
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4. Nomination of Candidates for Election
(1) Nomination of a person as a candidate at an election referred to
in this rule shall be made by delivering a nomination paper to the Returning
Officer.
(2) A nomination paper shall:
(a) be signed by two persons entitled to vote at the election for
which the person is nominated as a candidate; and
(b) be endorsed with, or accompanied by, the written consent of the
person being nominated.
(3) There shall be a separate nomination paper for each person nominated.
(4) The Returning Officer shall reject a nomination paper if the Returning
Officer is satisfied that:
(a) it is not made in accordance with this clause; or
(b) the person nominated is not eligible to be elected.
(5) A candidate nominated for election may not withdraw that nomination
after the hour and date prescribed in 3(2)(e) of this Rule.
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5. Necessity for Elections to be Held
(1) Where, in an election of persons to whom this Rule applies:
(a) the number of nominations for the election does not exceed the
number of vacancies to be filled, the Returning Officer shall declare
the person or persons nominated to be elected; or
(b) the number of nominations for the election exceeds the number
of vacancies to be filled, the Returning Officer shall:
(i) in the case of an election of persons referred to in section
10(5)(a) of the Act, send or deliver a voting paper and notice to
each person whose name is on a Roll of Academic Staff;
(ii) in the case of an election of a person referred to in section
10(5)(b) of the Act, send or deliver a voting paper and notice to
each person whose name is on a Roll of Non-Academic Staff;
(iii) in the case of an election of a person referred to in section
10(5)(c) of the Act, send by post or deliver a voting paper and
notice to each person whose name is on a Roll of Students;
(2) A notice referred to in subclause (1)(b) shall:
(a) specify the manner in which the voting paper is to be completed;
and
(b) state the hour and date by which the completed voting paper must
be received by the Returning Officer.
(3) Where, before the declaration of the poll, a person:
(a) who is nominated as a candidate for the election dies; or
(b) becomes no longer eligible to be elected,
the election shall proceed as if the person had not been nominated
and that person’s name had not been included on the voting paper
and any vote recorded in that person’s favour had not been cast.
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6. Manner of Voting
(1) An elector shall, subject to subclause (2), place a cross in the
square appearing opposite the name of each candidate for whom that voter
intends to vote.
(2) A voter shall not vote for more candidates that there are vacancies
to be filled at the election.
(3) If a voter votes for more candidates than there are vacancies
to be filled at the election, the vote shall be informal.
7. Sealing of Voting Papers in Envelopes
(1) With each voting paper issued for an election referred to in section
10(5) of the Act, there shall be issued an envelope marked “Voting
Paper” and an envelope addressed to the Returning Officer.
(2) Voting papers shall contain the name of candidates in order determined
by lot by the Returning Officer.
(3) Each voter shall:
(a) place the voting paper completed in accordance with clause 6
in the envelope marked “Voting Paper” and seal that envelope;
(b) place the sealed envelope referred to in subclause 3(a) in the
envelope addressed to the Returning Officer and seal that envelope;
(c) complete the form of declaration of identity and voting entitlement
on the back of the outer envelope; and
(d) send by post or deliver the outer envelope containing the voting
paper to the Returning Officer.
(4) Upon receipt of a sealed envelope addressed to the Returning Officer,
the Returning Officer shall check the declaration on the back of the
envelope with the relevant Roll.
(5) If the Returning Officer:
(a) is satisfied that the voter is qualified to vote in the election,
the Returning Officer shall place the outer envelope containing the
voting papers in a ballot box and the envelope shall remain unopened
until the close of the poll; or
(b) is satisfied that the voter is not qualified to vote at the election,
the Returning Officer shall place the envelope unopened in a receptacle
for rejecting voting papers and the envelope shall be destroyed forthwith
after the declaration of the poll.
(6) After the close of the poll, the Returning Officer or persons
appointed by the Returning Officer for the purpose, shall open the envelopes
placed in the ballot box and the Returning Officer shall ascertain the
result of the election.
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8. Voting Conduct
At the election referred to in these Rules:
(1) the voting shall be by secret ballot;
(2) the Returning Officer shall:
(a) not accept a vote unless the Returning Officer is satisfied
that it has been cast by a person entitled to vote at the election
and that the voter has only voted once at that election;
(b) not accept a voting paper unless it is received by the Returning
Officer before the close of the poll;
(c) decide whether any voting paper shall be accepted or rejected;
and
(d) on written application made to the Returning Officer that a voting
paper has been lost or destroyed, supply a duplicate voting paper
to the person to whom the lost or destroyed voting paper was sent
or delivered if the Returning officer is satisfied that the voting
paper was so lost or destroyed.
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9. Cost of Postage
It shall be the responsibility of the voter to pay the appropriate
cost of postage for any voting paper forwarded to the Returning Officer
via a commercial postal system, such postage cost to be paid at the
time of posting the voting paper to the Returning Officer.
10. Counting of Votes
(1) In this clause “continuing candidate”, in relation
to any count, means a candidate not already declared elected.
(2) The result of the ballot shall be ascertained by the Returning
Officer in accordance with the following provisions:
(a) the Returning Officer shall examine the voting papers and, reject
those which do not comply with the requirements of these Rules;
(b) the Returning Officer shall then count the total number of votes
given to each candidate;
(c) the candidate polling the highest number of votes shall be declared
elected; and
(d) where the number of candidates to be elected is more than one,
the candidate polling the next highest number of votes after the first
candidate declared elected pursuant to subclause 2(c) shall also be
declared elected and the process of electing the candidate with the
highest number of votes from the continuing candidates shall be continued
until the number of vacancies has been filled.
(3) In the event that the total number of votes received by two or
more candidates for any vacancy is equal and it is necessary to exclude
one or more of them in respect of that vacancy, the Returning Officer
shall:
(a) write the names of each candidate in respect of whom the determination
is to be made on separate and similar slips of paper;
(b) fold the slips so that as to prevent identification;
(c) place the folded slips in a receptacle and mix them together;
(d) draw out a slip at random; and
(e) declare elected the candidate whose name appears on the slip drawn
out.
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11. Scrutineers
Each candidate at an election shall be entitled to nominate one scrutineer
to be present at the count of votes.
12. Votes Not to be Disclosed
A person shall not in any way disclose or aid in disclosing the manner
in which any voter has voted.
13. Declaration of Election
At the conclusion of the election the Returning Officer shall cause
a notice of Declaration of Election to be placed on the official University
Notice Board and on such other notice boards and in such publications
as the Returning Officer considers appropriate to that election.
14. Destruction of Voting Papers
The Returning Officer shall forthwith after the declaration of the
result cause all ballot papers, together with a signed copy of the roll,
to be made up, securely fastened and sealed in one packet and safely
keep them for 12 months, and at the expiration of that period of 12
months shall cause them to be destroyed in the presence of the Executive
Director of Administration or the Director of Staffing.
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