University of Canberra Election of Student Members of Council Rules 2010
University of Canberra
1. These Rules may be cited as the University of Canberra Election of Student Members of Council Rules 2010.
2. These rules commence on the date of commencement of the University of Canberra (Election of Staff and Student Members of Counci)l Statute 2010
Definitions
3. In these Rules, unless the contrary intention appears:
“course” means a course of study specified in the University of Canberra Courses and Awards Statute 2010 or in rules made under that Statute, or a course of the University that is declared by the Council to be a course for the purposes of this Rule;
“election” means an election for the purpose of the statute;
“electoral constituency” means all persons eligible to vote in an election as set out in rule 8(a) or 8(b);
“statute” means the University of Canberra (Election of Staff and Student Members of Council) Statute 2010;
“postgraduate student” means a student enrolled in a course of the University leading to a degree of doctor, a degree of master, a graduate diploma or a graduate certificate of the University;
“Returning Officer” means:
(a) the Secretary of Council; or
(b) an officer of the University appointed under section 4;
“student member” means a member of Council referred to in paragraph 11(1)(g) or (h) of the University of Canberra Act 1989 (ACT);
“undergraduate student” means a student enrolled in a course of the University leading to a degree, diploma or certificate of the University, other than a postgraduate student;
“voting document” means the document, in print or electronic form, which is used to record the vote by each person eligible to vote in an election.
Appointment of Returning Officer
4. The Vice-Chancellor may appoint an officer of the University to be the Returning Officer for the purposes of these Rules.
5.
(1) When an election is necessary, the Returning Officer is to communicate to the electoral constituency by such means as the Returning Officer considers appropriate, a notice –
(a) stating that an election is necessary;
(b) inviting nominations of persons eligible for election and specifying the form in which nominations must be made; and
(c) specifying a date and time by which nominations must reach the Returning Officer.
(2) If, at an election, the number of nominations does not exceed the number of offices to be filled, the Returning Officer is to declare the persons nominated to have been elected.
(3) If, at an election, the number of nominations exceeds the number of offices to be filled, the Returning Officer is to make available for each voter, by such means as the Returning Officer considers appropriate:
(a) a voting document; and
(b) a notice setting out how the voter’s choice is to be shown.
(4) The Returning Officer is to determine the order in which the names of candidates are to be set out on a voting document by drawing lots.
(5) Voting is to be by secret ballot.
(6) A voter is to mark his or her vote on the voting document by placing the figure 1 in the square opposite the name of the candidate for whom that person votes as his or her first preference and must give contingent votes for all the remaining candidates by placing the figures 2, 3, 4 (and so on, as the case requires) in the squares opposite their names so as to indicate the order of his or her preference for them.
(7) Where a person nominated as a candidate at an election withdraws his or her nomination:
(a) if his or her withdrawal reduces the number of candidates to a number not exceeding the number of offices to be filled, the Returning Officer is to abandon the election and declare the remaining candidates to have been elected; and
(b) in any other case, proceed with the conduct of the election, disregarding any votes cast for that person.
(8) A candidate obtaining an absolute majority of first-preference votes is to be declared elected by the Returning Officer. If no candidate has achieved that absolute majority, the Returning Officer must proceed as follows:
(a) the candidate who has received the fewest first-preference votes must be excluded and each voting document counted to that candidate must be counted to the candidate next in order of the voter’s preference;
(b) 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 documents to the unexcluded candidate next in order of the voter’s preference must be repeated until one candidate has received an absolute majority of votes;
(c) when a candidate has received an absolute majority of votes cast, declare that candidate elected.
In this subrule, an “absolute majority”, in relation to votes cast, means a greater number than one-half of the number of voting documents returned in the election, other than rejected voting documents.
(9) Where the number of votes cast at an election for 2 or more candidates is the same, the candidate to be elected or the ranking of those candidates, as the case requires, is to be determined by lot by the Returning Officer.
(10) Where the Returning Officer declares persons to have been elected as student members of Council, the Returning Officer must, as soon as practicable, communicate the election result to the electoral constituency in a manner determined by the Returning Officer.
6.
(1) In the event of a casual vacancy in the office of an elected student member, the Council may, by resolution:
(a) appoint to that office a person who would be eligible for election to that office; or
(b) determine that an election be held to fill the vacant office.
(2) Where the Council determines that an election be held to fill a vacant office, the Returning Officer is to follow the procedures for nominations and elections in accordance with the procedures set out in rule 5.
Directions of Returning Officer
7.
(1) Subject to the statute, all matters arising in relation to an election for or in respect of which provision is not made in the preceding provisions of these rules are to be dealt with in accordance with the directions of the Returning Officer.
(2) Without limiting sub-rule (1), the Returning Officer may determine:
(a) the time-table for the holding of an election, including the time to be allowed for receipt of nominations, and for declaring the result of the election; and
(b) procedures for verifying the entitlement of persons to vote at the election, for the appointment of scrutineers, for determining the admissibility of voting documents, for the counting of votes, for making known the result of the election and for dealing with disputed returns.
8. At an election under these Rules:
(a) any undergraduate student is eligible to vote for an undergraduate student member of Council;
(b) any postgraduate student is eligible to vote for a postgraduate student member of Council.
Term of office
9.
(1) A student member of Council, unless appointed or elected under rule 6, holds office for a period of one year from 1 January , subject to the conditions in section 11(4) of the Act.
(2) A student member of Council appointed under rule 6(1)(a) is appointed to hold office for the balance of the current term specified in subrule 9(1).
(3) A student member of Council elected under rule 6(1)(b) is appointed to hold office for the balance of the current term specified in subrule 9(1).
Election not necessarily invalid if breaches
10. An election conducted under these Rules is not invalidated only because of a breach of these Rules unless the Returning Officer is satisfied that, except for such breach, a candidate elected at that election might not have been so elected.
Decisions of Returning Officer are final
11. Subject to the statute, the decisions of the Returning Officer on all matters relating to an election are final.
Student member ceasing to be a student
12. A student member elected to Council under this rule, who ceases to be a student in his or her particular category of student, ceases to be a member of Council.
Transition
13. A member of Council elected to the Council under the provisions of University of Canberra Election of Student Members of Council Statute 2007 continues to be a member of the Council until the expiry of their current term of office.
Notes:
Rules approved at Council meeting No. 130 on 6 November 2009.
Rules made under section 5 of the University of Canberra (Election of Staff and Student Members of Council) Statute 2010.
Date of commencement: 23 July 2010
In making these Rules the University had regard to the provisions of section 40B(1)(b) of the Human Rights Act 2004 (ACT).