Southern Cross University By-Law 2000

Part 2 - The Council

Division 1 | Division 2 | Division 3 | Division 4

Division 3 - Terms of Office and Casual Vacancies

31. Term of office of elected members of Council
For the purposes of clause 1 (d) of Schedule 1 to the Act, the prescribed term of office for a member of the Council referred to in section 10 (5) (a), (b) or (c) of the Act is 2 years.

32. Casual vacancy in office of elected member of Council
(1) In the event that a casual vacancy in the office of a member of the Council elected pursuant to section 10 (5) of the Act occurs:

(a) if less than a half of that member’s term of office remains — the Council is, as soon as practicable after the vacancy occurs, to appoint a person qualified to hold that office under section 10 (5) of the Act for the remainder of the term of office, or
(b) if the remainder of that member’s term of office is or exceeds a half of the term of office — the Returning Officer is to conduct an election to fill the vacancy for the balance of the term of office.

(2) An election referred to in subclause (1) (b) is to be conducted as soon as practicable after the vacancy occurs (or, in a case to which clause 33 applies, from some earlier time in accordance with that clause).

33. Election in anticipation of resignation
(1) Any member of the Council who intends to resign in circumstances that would create a vacancy to which clause 32 (1) (b) would apply if the resignation took effect as intended is under a duty to notify the Returning Officer as soon as practicable of:

(a) his or her intention to resign, and
(b) the date from which the resignation is intended to take effect.

(2) On receipt of any such notification the Returning Officer, even though the resignation has not taken effect, may in accordance with the rules for the conduct of elections proceed to conduct an election to fill the anticipated vacancy.

(3) The election of a new member of the Council in accordance with subclause (2) does not take effect, and the result of any such election is not to be made public, until after the incumbent member’s resignation takes effect.

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