Division 1 – Nomination of candidates
11. Nomination of candidates
(1) The returning officer calls for nominations of candidates from the relevant electorate not less than two (2) weeks before the first day of a ballot period.
(2) A call for nominations:
a) is in a form determined by the returning officer, and
b) specifies a date, being not less than one (1) week before the first day of the ballot period, by which nominations are to be received by the returning officer.
(3) In determining the method of calling for nominations the returning officer takes into consideration the objective of ensuring that the call comes to the attention of the relevant electorate.
Division 2 – Procedure where there is no contest
12. Unopposed candidates
(1) If the number of eligible candidates nominated for election to a body in a particular category does not exceed the number of vacancies in that category, the returning officer declares those candidates duly elected.
13. Insufficient candidates
(1) This regulation 13 applies:
a) to all of the vacancies if:
i. no candidates are nominated for election to a body in a particular category, or
ii. all candidates nominated for election to a vacancy withdraw before being elected, or
b) to the number of vacancies which are not filled if:
i. the number of candidates nominated for election to a body in a particular category is less than the number of vacancies, or
ii. a candidate nominated for election to a vacancy withdraws before being elected, resulting in the number of remaining candidates being less than the number of vacancies.
(2) Where regulation 13(1) or regulation 25(1)b) or c) applies, the returning officer notifies the relevant member of the University staff of the vacancy and of the requirements of this regulation.
(3) A member of University staff who has received a notification under regulation 13(2) advises the chair of the body who must appoint suitable persons to fill the vacancies.
(4) A person appointed under regulation 13(3) must have the like qualifications (if any) that would have made the person eligible to nominate in the election.
(5) Notwithstanding regulation 13(3), it is not obligatory to appoint a person to fill a vacancy if:
a) there is no suitable person willing or available to be appointed to fill the vacancy, or
b) for the purpose of regulation 25(1)b) or c) the casual vacancy occurs within six (6) months before the expiry of the term of office.
Division 3 – Procedure where there is a contest
14. Election if more candidates than vacancies
(1) If the number of candidates nominated for election to a body in a particular category exceeds the number of vacancies, the returning officer conducts a ballot in accordance with these Regulations.
15. Notice of ballot
(1) The returning officer publishes a notice of ballot not less than one (1) week before the final day of the ballot period.
(2) In determining the method of notification the returning officer takes into consideration the objective of ensuring that the notice comes to the attention of the relevant electorate.
(3) A notice of ballot must specify the ballot closing time.
16. Voting procedure
(1) Votes may be cast and recorded in a manner determined by the returning officer.
Note
This provision allows the returning officer to determine that voting will be by paper or online or using any other system or method and may include postal or other forms of voting.
(2) The manner for conducting elections under these Regulations is included in the notice of ballot under regulation 15.
(3) Elections are determined by the optional preferential and proportional representation systems of voting as the election requires under Part 5 of these Regulations.
Division 4 – Counting ballots
17. Counting votes
(1) After the ballot closing time, the returning officer:
a) examines all votes cast
b) determines whether any votes are invalid, and
c) counts the valid votes in accordance with these Regulations.
18. Votes received late not to be counted
(1) Except as provided in these Regulations, votes received after the ballot closing time are not counted.
(2) If the Vice Chancellor and the returning officer are of the opinion that voting has been affected by an Act of God or industrial action, they may direct that votes received after a time specified by them, being not later than 5.00pm one (1) week after the last day of the ballot period, be examined and counted.
19. Scrutineers
(1) Subject to confidentiality restrictions as determined by the returning officer, a person nominated by a candidate in an election may review the result of the election.
(2) A scrutineer must not be a contesting candidate.
20. Invalid votes
(1) A vote is invalid if:
a) the vote has been cast in a manner other than as specified in these Regulations or the instructions given by the returning officer
b) the person who voted is not eligible to vote at the election, or
c) a person voted more than once in a category.
21. Determining the validity of votes
(1) Notwithstanding regulation 20 the returning officer may determine a vote is valid if in the opinion of the returning officer it is fair and reasonable to do so.
(2) The returning officer’s decision that a vote is invalid is final.