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Contesting an election

Introduction

1. Where an employee decides to contest an election, they should notify their supervisor of their intention as early as possible and seek advice from HR Services concerning the documentation required.

Commonwealth elections

2. An employee is required to resign before nominating for election as a member of either house of Parliament. The last day of the employee's service must be no later than the day prior to the closing day for nominations.

3. An employee who resigns to contest a Commonwealth election and fails to be elected, is entitled to be re-appointed to the position held at the date of resignation at the same salary and conditions that prevailed prior to the resignation, provided:

  • The date of effect of the resignation was within three months of the date of the election;
  • The resignation stated the employees intention to contest the election and the employee's intention to seek re-appointment to the position if unsuccessful at the election; and
  • The employee makes written application for re-appointment within one week of the declaration of the poll and is willing to commence duty within two months of the declaration of the poll.

4. Where an employee is re-appointed, the following options concerning the re-appointment are available:

  • The employee concerned can elect to be re-appointed from the working day following their resignation date and repay any monies received on resignation relating to annual leave and long service leave. The employee can elect for the period of leave between the date of resignation and the actual date of return to duty to be regarded as leave without pay or can request that available credits of annual leave and long service leave be applied to part or all of the absence.
  • The employee can elect to retain monies received in lieu of annual leave and long service leave credits and, in such cases, the re-appointment will be effective from the date of return to duty. The period between the date of resignation and re-appointment will not count as service. The University will, however, recognise prior service for the accrual of long service leave and personal leave and eligibility for special studies leave.

5. The superannuation implications of re-appointment should be discussed with HR Services.

State and Territory Government elections

6. An employee who has nominated for election to the Parliament of any state or territory is expected to continue to perform normal duties up to the close of nominations for the relevant election. Where the period between the close of nominations and the day of the poll is less than six weeks, the full period must be taken as leave. Where the period between close of nominations and the day of the poll is greater than six weeks, leave must be taken for the six weeks immediately prior to the day of the poll. During this period leave without pay or accrued long service leave and/or annual leave may be taken.

7. Employees should contact their superannuation scheme to discuss the implications of contesting an election on their superannuation contributions.

Election to Public Office

8. If an employee is elected to the Parliament of any state or territory of Australia, the employee's appointment will terminate from the day prior to the day upon which the employee is entitled to receive salary in their newly elected position.

9. An employee who is unsuccessful in a state or territory election is required to resume duty with the University on the first working day after the poll is declared unless they have applied for, and been granted, leave beyond this day.

Local Government elections

10. An employee who has nominated for election to a local government Council will not normally be required to take leave before polling day, provided the employee's supervisor is satisfied that the employee is continuing to perform all normal duties in an acceptable manner.

Procedures

11. Where an employee decides to contest an election, they should notify their supervisor of their intention as early as possible. Advice should be sought from HR Services concerning the appropriate documentation required.