Academic Board and Committees Rule 2016
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THE AUSTRALIAN NATIONAL UNIVERSITy
Academic Board and Committees Rule 2016
I, Professor Brian P. Schmidt, Vice-Chancellor of the Australian National University, make the following rule.
Dated 30 August 2016
Professor Brian P. Schmidt AC FAA FRS
Vice-Chancellor
Contents
Part 2— Academic Board: meetings and vacancies
7 Academic Board: rights of alternates
8 Academic Board: vacancies etc.
9 Academic Board: subcommittees
Part 3— University Research Committee
10 University Research Committee: membership etc.
11 University Research Committee: terms of reference
12 University Research Committee: meetings
13 University Research Committee: alternates
14 University Research Committee: rights of alternates
15 University Research Committee: vacancies etc.
16 University Research Committee: subcommittees
Part 4— University Education Committee
17 University Education Committee: membership etc.
18 University Education Committee: terms of reference
19 University Education Committee: meetings
20 University Education Committee: alternates
21 University Education Committee: rights of alternates
22 University Education Committee: vacancies etc.
23 University Education Committee: subcommittees
Part 5— Academic Board: general election provisions
24 Provisions applying to Academic Board elections
26 Elections conducted electronically
27 Intervals to be allowed by returning officer
28 Nominations to be made to returning officer
30 Nominations not exceeding positions to be filled
31 Envelopes to be issued with voting paper
32 Voting papers to contain candidate names etc.
33 Lost or destroyed voting papers
34 Instructions on voting papers
35 Voting must comply with instructions
36 Disclosure of vote prohibited
37 Acceptance or rejection of voting papers
38 Opening of envelopes at close of poll etc.
40 Ineligible votes not to be accepted
41 Deciding result of election
42 Equal numbers of votes: exclusion of candidate
43 Deciding order of voter’s preference
46 Declaration that election void
Part 6— Academic Board: provisions for particular elections
Division 6.1— Members elected by College Executive Committee members
47 Application of Division 6.1
48 Notice of election: College Executive Committees member election
49 Voting papers etc.: College Executive Committees member election
50 Eligibility to be elected and vote: College Executive Committees member election
Division 6.2— Members elected by academic staff
51 Application of Division 6.2
52 Notice of election: academic staff member election
53 Voting papers etc.: academic staff member election
54 Eligibility to be elected and vote: academic staff member election
Division 6.3— Members elected by general staff
55 Application of Division 6.3
56 Notice of election: general staff member election
57 Voting papers etc.: general staff member election
58 Eligibility to be elected and vote: general staff member election
60 Delegation by Vice-Chancellor
Part 1—Preliminary
1 Name
This is the Academic Board and Committees Rule 2016.
2 Commencement
This instrument commences on the day after it is registered.
3 Authority
This instrument is made under section 11 of the Academic Board and Committees Statute 2014.
4 Definitions
In this instrument:
postgraduate student association means the Australian National University Postgraduate and Research Students’ Association Incorporated, an association incorporated under the Associations Incorporation Act 1991 (ACT).
returning officer, for an election of members of the Academic Board, means the person who is appointed under section 8 of the statute as the Returning Officer for the election.
student association means the postgraduate student association or undergraduate student association.
the statute means the Academic Board and Committees Statute 2014.
undergraduate student association means the Australian National University Students’ Association Incorporated, an association incorporated under the Associations Incorporation Act 1991 (ACT).
working day means a day that is not a Saturday, a Sunday, a public holiday in the Australian Capital Territory, or a University holiday.
[Note: The statute defines terms relevant to this instrument, including the following:
- academic staff
- Board
- College Executive Committee.]
Part 2—Academic Board: meetings and vacancies
5 Academic Board: meetings
(1) The Chair of the Academic Board is to call meetings of the Board and presides at all meetings at which the Chair is present.
[Note: It is expected that the Board will meet at least 6 times a year.]
(2) The Chair must call a meeting if asked by at least the required number of members.
(3) Business may be carried out at a meeting only if at least the required number of members are present.
(4) At a meeting, the Chair has a deliberative vote and a casting vote.
(5) If the Chair is for any reason unable to call or preside at a meeting or otherwise perform the functions or duties of the Chair, the Deputy Chair is to act as the Chair.
[Note: The Acts Interpretation Act 1901 has provisions applying to the acting (see s 33A(2) and (3)).]
(6) The Board is to conduct its proceedings (including its meetings) as otherwise decided by the Chair taking into account the advice of the members.
[Note: Under the Acts Interpretation Act 1901, s 33B the Board may permit members to participate in meetings by telephone, close-circuit television or any other means of communication.]
(7) The Vice-Chancellor must nominate officers of the University to provide secretariat and other support to the Board.
(8) In this section:
required number, of members of the Board, means:
(a) 50% of the number of the members of the Board for the time being: or
(b) if that number is not a whole number—the next higher whole number.
6 Academic Board: alternates
(1) This section apples to meetings of the Academic Board.
(2) If a Registrar is unable to attend a meeting, the Registrar may appoint, as an alternate to attend that meeting, a person who holds a senior management role in a Division for which the Registrar has direct responsibility.
(3) If a Dean of an ANU College is unable to attend a meeting, the Dean may appoint, as an alternate to attend that meeting, an academic staff member who is a member of the College Executive Committee of that College.
(4) If the Dean, ANU Medical School is unable to attend a meeting, the Dean may appoint, as an alternate to attend that meeting, a senior member of the academic staff of the ANU Medical School.
(5) If the University Librarian is unable to attend a meeting, the University Librarian may appoint, as an alternate to attend that meeting, a person who holds a senior management role in the University Library and reports directly to the University Librarian.
(6) If an elected member of the College Executive Committees of the ANU Colleges is unable to attend a meeting, the member may appoint, as an alternate to attend that meeting, an academic staff member who is a member of the College Executive Committee (other than a Dean) of any ANU College.
(7) If an elected academic staff member from an ANU College is unable to attend a meeting, the Dean of the College may appoint a person as an alternate to attend that meeting.
(8) If a member mentioned in section 6.1(q) of the statute is unable to attend a meeting, the member may appoint, as an alternate to attend that meeting, another member of the professional staff of the University approved by the Chair.
[Note: The ‘general’ staff of the University are now usually referred to as the ‘professional’ staff.]
(9) If a student member is unable to attend a meeting, the student member may appoint, as an alternate to attend that meeting, a student member of the governing body of the relevant student association.
(10) If the member nominated under section 6.1(t) of the statute is unable to attend a meeting, the member may appoint, as an alternate to attend that meeting, a member of the academic staff who is an Indigenous person.
[Note: Section 6.1(t) of the statute provides for the nomination of a member of the academic staff who is an Indigenous person as a member if there is not an Indigenous person holding a position on the Board.]]
7 Academic Board: rights of alternates
An alternate for a member of the Academic Board:
(a) counts towards the Board’s quorum; and
(b) may speak, move and vote on matters before the Board; but
(c) may not be appointed as Deputy Chair or otherwise preside at a meeting of the Board.
8 Academic Board: vacancies etc.
(1) If an elected, appointed or nominated member of the Academic Board is absent from 3 meetings of the Board without the written approval of the Chair, or an elected or appointed member ceases to be eligible for election or appointment, the Chair may:
(a) by written notice given to the member, remove the member from the Board; and
(b) in writing, appoint a person who is eligible for election, appointment or nomination to the position to complete the remainder of the former member’s term.
(2) If an elected, appointed or nominated member dies or resigns by written notice given to the Chair, the Chair may, in writing, appoint a person who is eligible for election, appointment or nomination to the position to complete the remainder of the former member’s term.
(3) If there is a casual vacancy in the position of an elected member because of a declaration under section 30(3) (Nominations not exceeding positions to be filled), the Chair may, in writing, appoint a person who is eligible to be elected to the position to fill the casual vacancy.
(4) Before making an appointment under this section in relation to a position mentioned in section 6.1(j) to (p), (r), (s) or (t) of the statute, the Chair must consult with:
(a) for a position mentioned in section 6.1(j) to (p) of the statute—the Dean of the relevant ANU College; or
(b) for a position mentioned in section 6.1(r) or (s) of the statute—the President of the relevant student association; or
(c) for the position mentioned in section 6.1(t) of the statute—the Tjabal Indigenous Higher Education Centre.
[Note: The positions mentioned in section 6.1(j) to (p) of the statute are the academic staff positions elected from the ANU Colleges. The positions mentioned in section 6.1(r) and (s) are the student member positions. The position mentioned in section 6.1(t) is the Indigenous academic staff member position.]
9 Academic Board: subcommittees
The Academic Board may establish subcommittees to assist it to perform its functions.
Part 3—University Research Committee
10 University Research Committee: membership etc.
(1) There is to be a committee known as the University Research Committee.
(2) The Committee consists of the following members:
(a) the Deputy Vice-Chancellor (Research);
(b) the Dean, Higher Degree Research;
(c) the Registrar (Student Administration);
(d) the Dean, ANU Medical School;
(e) the Director of the Division of Research Services;
(f) the Chair of each of the following committees of the University:
(i) the Human Research Ethics Committee;
(ii) the Animal Experimentation Ethics Committee;
(iii) the Recombinant DNA Monitoring Committee;
(g) the Dean of each ANU College or the Dean’s nominee;
(h) 1 academic staff member from each ANU College nominated by the Dean of the College and appointed by the Chair of the Committee;
(i) the Director of the National Centre for Indigenous Studies;
(j) 1 senior academic researcher appointed by the Chair of the Committee;
(k) 1 early career academic researcher appointed by the Chair of the Committee;
(l) the University Librarian;
(m) 1 postgraduate student appointed by the Chair of the Committee after consultation with the President of the postgraduate student association;
(n) 1 undergraduate student appointed by the Chair of the Committee after consultation with the President of the undergraduate student association;
(o) 1 member of the professional staff of the University appointed by the Chair of the Committee;
(p) not more than 2 additional members appointed by the Chair of the Committee to provide a diversity of views if the Chair considers that the current membership of the Committee does not reflect the academic and cultural diversity of the University.
(3) The Committee is to have a Chair and a Deputy Chair.
(4) The Deputy Vice-Chancellor (Research) is the Chair.
(5) The Committee is to elect a member of the Committee as the Deputy Chair.
(6) An appointment or nomination under this section must be made in writing.
(7) An appointed member of the Committee is appointed for a term of:
(a) for the postgraduate and undergraduate student members mentioned in subsection (2)(m) and (n)—1 year; and
(b) for any other appointed member—2 years.
[Note: An appointed member may be reappointed (see Acts Interpretation Act 1901, s 33AA).]
11 University Research Committee: terms of reference
(1) The University Research Committee may advise the Academic Board or the Vice-Chancellor:
(a) on matters relating to research and research training at the University; and
(b) on major issues relevant to the University’s strategic plans and overarching policy; and
(c) on any matter referred to the Committee by the Academic Board, the Vice-Chancellor, the Chair of the Committee, or a member of the University Executive with portfolio responsibility for research.
(2) In carrying out its role, the Committee is to:
(a) monitor the development of the University’s policies and plans in relation to research; and
(b) advise on the coordination of the University’s research effort; and
(c) monitor the quality of the University’s research activities.
12 University Research Committee: meetings
(1) The Chair of the University Research Committee is to call meetings of the Committee and presides at all meetings at which the Chair is present.
[Note: It is expected that the Committee will meet at least 5 times a year.]
(2) The Chair must call a meeting if asked by at least the required number of members.
(3) Business may be carried out at a meeting only if at least the required number of members are present.
(4) At a meeting, the Chair has a deliberative vote and a casting vote.
(5) If the Chair is for any reason unable to call or preside at a meeting or otherwise perform the functions or duties of the Chair, the Deputy Chair is to act as the Chair.
[Note: The Acts Interpretation Act 1901 has provisions applying to the acting (see s 33A(2) and (3)).]
(6) The Committee is to conduct its proceedings (including its meetings) as otherwise decided by the Chair taking into account the advice of the members.
[Note: Under the Acts Interpretation Act 1901, s 33B the Committee may permit members to participate in meetings by telephone, close-circuit television or any other means of communication.]
(7) The Vice-Chancellor must nominate officers of the University to provide secretariat and other support to the Committee.
(8) In this section:
required number, of members of the Committee, means:
(a) 50% of the number of the members of the Committee for the time being: or
(b) if that number is not a whole number—the next higher whole number.
13 University Research Committee: alternates
(1) This section applies to meetings of the University Research Committee.
(2) If the Registrar (Student Administration) is unable to attend a meeting, the Registrar may appoint, as an alternate to attend that meeting, a person who holds a senior management role in a Division for which the Registrar has direct responsibility.
(3) If the Dean, ANU Medical School is unable to attend a meeting, the Dean may appoint, as an alternate to attend that meeting, a senior member of the academic staff of the ANU Medical School.
(4) If the Director of the Division of Research Services is unable to attend a meeting, the Director may appoint, as an alternate to attend that meeting, a person who holds a senior management role in that Division and reports directly to the Director.
(5) If the Chair of the University’s Human Research Ethics Committee, Animal Experimentation Ethics Committee, or Recombinant DNA Monitoring Committee, is unable to attend a meeting, the Chair of that Committee may appoint, as an alternate to attend that meeting, the Deputy Chair of that Committee.
(6) If the Director of the National Centre for Indigenous Studies is unable to attend a meeting, the Director may appoint, as an alternate to attend that meeting, a member of the academic staff who is an Indigenous person.
(7) If the University Librarian is unable to attend a meeting, the University Librarian may appoint, as an alternate to attend that meeting, a person who holds a senior management role in the University Library and reports directly to the University Librarian.
(8) If an appointed member of the Committee is unable to attend a meeting, the member may appoint, as an alternate to attend that meeting, a person eligible for appointment to the member’s position.
(9) An appointment under this section must be in writing.
14 University Research Committee: rights of alternates
An alternate for a member of the University Research Committee:
(a) counts towards the Committee’s quorum; and
(b) may speak, move and vote on matters before the Committee; but
(c) may not be appointed as Deputy Chair or otherwise preside at a meeting of the Committee.
15 University Research Committee: vacancies etc.
(1) If an appointed member of the University Research Committee is absent from 3 meetings of the Committee without the written approval of the Chair, or an appointed member ceases to be eligible for appointment, the Chair may:
(a) by written notice given to the member, remove the member from the Committee; and
(b) in writing, appoint a person who is eligible for appointment to the position to complete the remainder of the former member’s term.
(2) If an appointed member dies or resigns by written notice given to the Chair, the Chair may, in writing, appoint a person who is eligible for appointment to the position to complete the remainder of the former member’s term.
16 University Research Committee: subcommittees
The University Research Committee may establish subcommittees to assist it to perform its functions.
Part 4—University Education Committee
17 University Education Committee: membership etc.
(1) There is to be a committee known as the University Education Committee.
(2) The Committee consists of the following members:
(a) the Deputy Vice-Chancellor (Academic);
(b) the Pro Vice-Chancellor (University Experience);
(c) the Pro Vice-Chancellor (Education and Global Engagement);
(d) the Dean, ANU Medical School;
(e) the Dean of each ANU College or the Dean’s nominee;
(f) 1 academic staff member from each ANU College nominated by the Dean of the College and appointed by the Chair of the Committee;
(g) the Dean of Students;
(h) 1 research-intensive academic staff member appointed by the Chair of the Committee;
(i) the Director of the Tjabal Indigenous Higher Education Centre;
(j) the Registrars;
(k) the University Librarian;
(l) 1 postgraduate student appointed by the Chair of the Committee after consultation with the President of the postgraduate student association;
(m) 1 undergraduate student appointed by the Chair of the Committee after consultation with the President of the undergraduate student association;
(n) 1 General Manager of an ANU College appointed by the Chair of the Committee;
(o) 1 member of the professional staff of the University appointed by the Chair of the Committee;
(p) not more than 2 additional members appointed by the Chair of the Committee to provide a diversity of views if the Chair considers that the current membership of the Committee does not reflect the academic and cultural diversity of the University.
(3) The Committee is to have a Chair and a Deputy Chair.
(4) The Deputy Vice-Chancellor (Academic) is the Chair.
(5) The Committee is to elect a member of the Committee as the Deputy Chair.
(6) An appointment or nomination under this section must be made in writing.
(7) An appointed member of the Committee is appointed for a term of:
(a) for the postgraduate and undergraduate student members mentioned in subsection (2)(l) and (m)—1 year; and
(b) for any other appointed member—2 years.
[Note: An appointed member may be reappointed (see Acts Interpretation Act 1901, s 33AA).]
18 University Education Committee: terms of reference
(1) The University Education Committee may advise the Academic Board or the Vice-Chancellor:
(a) on matters relating to the University’s educational programs, including postgraduate coursework and activities; and
(b) on major issues relevant to the University’s strategic plans and overarching policy; and
(c) on any matter referred to the Committee by the Academic Board, the Vice-Chancellor, the Chair of the Committee, or a member of the University Executive with portfolio responsibility for education.
(2) In carrying out its role, the Committee is to:
(a) monitor the development of the University’s policies and plans in relation to education; and
(b) advise on the coordination of the University’s educational activities; and
(c) monitor the quality of the University’s educational programs and activities.
19 University Education Committee: meetings
(1) The Chair of the University Education Committee is to call meetings of the Committee and presides at all meetings at which the Chair is present.
[Note: It is expected that the Committee will meet at least 6 times a year.]
(2) The Chair must call a meeting if asked by at least the required number of members.
(3) Business may be carried out at a meeting only if at least the required number of members are present.
(4) At a meeting, the Chair has a deliberative vote and a casting vote.
(5) If the Chair is for any reason unable to call or preside at a meeting or otherwise perform the functions or duties of the Chair, the Deputy Chair is to act as the Chair.
[Note: The Acts Interpretation Act 1901 has provisions applying to the acting (see s 33A(2) and (3)).]
(6) The Committee is to conduct its proceedings (including its meetings) as otherwise decided by the Chair taking into account the advice of the members.
[Note: Under the Acts Interpretation Act 1901, s 33B the Committee may permit members to participate in meetings by telephone, close-circuit television or any other means of communication.]
(7) The Vice-Chancellor must nominate officers of the University to provide secretariat and other support to the Committee.
(8) In this section:
required number, of members of the Committee, means:
(a) 50% of the number of the members of the Committee for the time being: or
(b) if that number is not a whole number—the next higher whole number.
20 University Education Committee: alternates
(1) This section applies to meetings of the University Education Committee.
(2) If the Dean, ANU Medical School is unable to attend a meeting, the Dean may appoint, as an alternate to attend that meeting, a senior member of the academic staff of the ANU Medical School.
(3) If the Director of the Tjabal Indigenous Higher Education Centre is unable to attend a meeting, the Director may appoint, as an alternate to attend that meeting, a member of the academic staff who is an Indigenous person.
(4) If a Registrar is unable to attend a meeting, the Registrar may appoint, as an alternate to attend that meeting, a person who holds a senior management role in a Division for which the Registrar has direct responsibility.
(5) If the University Librarian is unable to attend a meeting, the University Librarian may appoint, as an alternate to attend that meeting, a person who holds a senior management role in the University Library and reports directly to the University Librarian.
(6) If an appointed member of the Committee is unable to attend a meeting, the member may appoint, as an alternate to attend that meeting, a person eligible for appointment to the member’s position.
(7) An appointment under this section must be in writing.
21 University Education Committee: rights of alternates
An alternate for a member of the University Education Committee:
(a) counts towards the Committee’s quorum; and
(b) may speak, move and vote on matters before the Committee; but
(c) may not be appointed as Deputy Chair or otherwise preside at a meeting of the Committee.
22 University Education Committee: vacancies etc.
(1) If an appointed member of the University Education Committee is absent from 3 meetings of the Committee without the written approval of the Chair, or an appointed member ceases to be eligible for appointment, the Chair may:
(a) by written notice given to the member, remove the member from the Committee; and
(b) in writing, appoint a person who is eligible for appointment to the position to complete the remainder of the former member’s term.
(2) If an appointed member dies or resigns by written notice given to the Chair, the Chair may, in writing, appoint a person who is eligible for appointment to the position to complete the remainder of the former member’s term.
23 University Education Committee: subcommittees
The University Education Committee may establish subcommittees to assist it to perform its functions.
Part 5—Academic Board: general election provisions
24 Provisions applying to Academic Board elections
(1) An election for members of the Academic Board must be conducted in accordance with this Part, any provisions of Part 4 (Academic Board: provisions for particular elections) applying to the election, and any other provisions of this instrument applying to the election.
(2) However, for section 6(1)(j) to (p) of the statute, a College Dean may adopt an alternative election procedure (in whole or part) for the election of academic staff members from the Dean’s college.
[Note: Section 6.1(j) to (p) of the statute relates to the academic staff positions elected from the ANU Colleges.]
25 Giving notices etc.
(1) If this instrument requires or permits a notice, voting paper, publication or anything else to be given to a person by the returning officer, the returning officer may send it to the person:
(a) by messenger to a place in the University that the returning officer considers appropriate; or
(b) by post to an address that the returning officer considers appropriate; or
(c) by electronic means to an email or internet address that the returning officer considers appropriate.
(2) However, if a person entitled to vote in the election applies to the returning officer personally for a voting paper after voting papers have been sent in the election and before the close of the poll, the returning officer may give a voting paper to the person personally or send a voting paper electronically to the person at the person’s email or internet address.
26 Elections conducted electronically
(1) The returning officer may conduct the election using the internet.
(2) If the election is conducted using the internet:
(a) a reference in this instrument to a notice board includes a reference to the appropriate page of the University’s internet website or to an email sent to an appropriate email address, or to the email address of each person eligible to vote the election; and
(b) if a standard official email address within the University’s email system is provided to a person, that email address may be regarded as the person’s address; and
(c) voting papers for the election may be given by email or on the internet; and
(d) the provisions of this instrument (apart from this section) apply to the election with the modifications the returning officer considers necessary or appropriate for the election to be conducted using the internet.
(3) Despite subsection (2)(d), if the election is conducted using the internet, the returning officer must ensure that the ballot is secret and that the identity of each person voting is kept separately from the person’s vote.
(4) This section has effect despite any other provision of this instrument.
27 Intervals to be allowed by returning officer
In the conduct of the election, the returning officer must allow the following intervals:
(a) between the publication of the fact that the election is necessary and the day by which nominations must reach the returning officer, not shorter than 10 and not longer than 20 working days;
(b) between the day by which nominations must reach the returning officer and the issue of voting papers, not longer than 20 working days;
(c) between the issue of voting papers and the day by which voting papers must reach the returning officer, not shorter than 10 and not longer than 40 working days.
28 Nominations to be made to returning officer
Nominations of candidates in the election must be made to the returning officer.
29 Nomination requirements
A nomination must be signed by 2 persons eligible to vote in the election (other than the candidate) and must contain the signed consent of the candidate to the nomination.
30 Nominations not exceeding positions to be filled
(1) If, for the election, the number of nominations does not exceed the number of positions to be filled, the returning officer must declare the persons nominated to be elected.
(2) If, after all nominees have been declared elected, not all positions have been filled, the returning officer must re-open nominations for a further period not longer than 10 working days.
(3) If, at the end of the further period, there are still insufficient nominations to fill all of the positions, the returning officer must, in writing, declare that there is a casual vacancy in each of the unfilled positions.
31 Envelopes to be issued with voting paper
The returning officer must issue the following envelopes with every voting paper:
(a) an envelope marked ‘Voting Paper’;
(b) another envelope addressed to the returning officer on which a form of declaration is endorsed.
32 Voting papers to contain candidate names etc.
Every voting paper must contain the names of the candidates, in the order decided by the returning officer in public by lot, and indicate any retiring candidate.
33 Lost or destroyed voting papers
If a person’s voting paper is lost or destroyed, the returning officer must give the person a duplicate on the person’s written application.
34 Instructions on voting papers
The following instructions must be set out at the head of every voting paper:
INSTRUCTIONS TO VOTER
1. Indicate your preference, or the order of your preference, on this voting paper by writing the number 1 against the name of the candidate for whom you wish to vote or by writing a series of consecutive numbers, beginning with the number 1, against the names of the candidates for whom you wish to vote, one number being written against the name of each such candidate. You are not required to write a number against the name of every candidate.
2. Place this voting paper in the envelope marked ‘Voting Paper’.
3. Seal that envelope and place it in the envelope addressed to the returning officer.
4. Sign the declaration on the envelope addressed to the returning officer and post or deliver the envelope to the returning officer.
35 Voting must comply with instructions
A voter must vote in accordance with the instructions mentioned in section 34 (Instructions on voting papers).
36 Disclosure of vote prohibited
The returning officer, a deputy of the returning officer or a scrutineer must not disclose, or assist in disclosing, how any voter has voted.
37 Acceptance or rejection of voting papers
(1) The returning officer must decide whether any voting paper is to be accepted or rejected.
(2) The returning officer must accept a voting paper if it is received by the returning officer before the close of the poll.
38 Opening of envelopes at close of poll etc.
(1) In this section:
returning officer envelope means the envelope, addressed to the returning officer, issued by the returning officer under section 31(b) (Envelopes to be issued with voting paper).
voting paper envelope means the envelope, marked ‘Voting Paper’, issued by the returning officer under section 31(a).
[Note: Both envelopes are issued with every voting paper. The completed voting paper is placed inside the voting paper envelope, which in turn is placed inside the returning officer envelope (see s 34 (Instructions on voting papers).]
(2) All returning officer envelopes received by the returning officer must remain unopened until the close of the poll.
(3) At the close of the poll, the returning officer or a deputy of the returning officer must:
(a) open each returning officer envelope on which the declaration has been signed by a voter entitled to vote in the election and take out the voting paper envelope; and
(b) place the voting paper envelopes together; and
(c) after all the voting paper envelopes have been placed together, open the envelopes and ascertain the result of the election.
39 Nomination of scrutineers
Each candidate is entitled to nominate a scrutineer to represent the candidate at the scrutiny.
40 Ineligible votes not to be accepted
The returning officer must not accept a vote unless the returning officer is satisfied that:
(a) it has been cast by a person eligible to vote in the election; and
(b) the person has voted only once in the election.
41 Deciding result of election
(1) The result of the election must be decided in accordance with this section.
(2) The first preference votes given for each candidate on all unrejected voting papers must be counted.
(3) The total number of the first preference votes counted must be divided by 1 more than the number of candidates to be elected. The result of the division (the quotient) increased by 1, and disregarding any remainder, is the quota for the election, and (except as provided in subsection (10)) no candidate is to be elected until the candidate obtains a number of votes equal to or more than the quota.
(4) If a candidate has, on the count of the first preference votes, a number of first preference votes equal to or more than the quota, the candidate must be declared elected.
(5) If the elected candidate has, on the count of the first preference votes, a number of first preference votes equal to the quota, all of the voting papers on which a first preference vote is recorded for the candidate must be set aside as finally dealt with.
(6) If the elected candidate has, on the count of the first preference votes, a number of first preference votes more than the quota, the proportion of votes in excess of the quota is transferred to the other candidates not yet declared elected, next in the order of the voter’s preference, in the following way:
(a) all the voting papers on which a first preference vote is recorded for the elected candidate must be re-examined, and:
(i) the number of second preference votes recorded for each unelected candidate must be counted; or
(ii) if section 43 (Deciding order of voter’s preference) applies—the number of third or next consecutive preferences recorded for each unelected candidate must be counted;
(b) the surplus of the elected candidate must be divided by the total number of votes obtained by the elected candidate on the counting of the first preference votes, and the resulting fraction, reduced to 6 decimal places, is the transfer value;
(c) the number of second or other preference votes counted under paragraph (a) for each unelected candidate must be multiplied by the transfer value and the calculated product expressed as a whole number (ignoring any fraction);
(d) the resulting number must be credited to each unelected candidate and added to the number of votes obtained by each unelected candidate on the counting of the first preference votes.
(7) On the counting of the first preference votes or on any transfer:
(a) if more than 1 candidate has a surplus—the largest surplus must be dealt with first; and
(b) if, after paragraph (a) has been complied with, more than 1 candidate has a surplus—the then largest surplus must be dealt with, and so on; and
(c) however, if a candidate obtained a surplus at a count or transfer previous to that at which another candidate obtained a surplus, the surplus of the former candidate must be dealt with first; and
(d) if more than 1 candidate has a surplus of the same number of votes—the highest on the poll at the count or transfer at which they last had an unequal number of votes must be dealt with first and, if they had an equal number of votes at all previous counts or transfers, the returning officer must decide in public by lot which candidate’s surplus must be dealt with first
(8) If the number of votes obtained by a candidate is raised up to or above the quota by a transfer under subsection (7):
(a) the candidate must be declared elected and, even though the candidate may have reached the quota, the transfer must be completed and all the votes to which the candidate is entitled from the transfer must be transferred to the candidate, but no votes of any other candidate are to be transferred; and then
(b) all of the voting papers on which the transferred votes are recorded must be set aside as finally dealt with; and then
(c) the candidate’s surplus must be transferred to the candidates next in the order of the voters’ respective preferences in the following way:
(i) the voting papers on which are recorded the votes obtained by the elected candidate in the last transfer must be re-examined, and the number of third preferences (or, if section 43 applies, next consecutive preferences) recorded for each unelected candidate must be counted;
(ii) the surplus of the elected candidate must be divided by the total number of voting papers mentioned in subparagraph (i), and the resulting fraction, reduced to 6 decimal places, is the transfer value;
(iii) the number of preferences recorded for each unelected candidate under subparagraph (i) must be multiplied by the transfer value and the calculated product expressed as a whole number (ignoring any fraction);
(iv) the resulting number must be credited to each unelected candidate, and added to the number of votes previously obtained by the candidate.
(9) If, after the first preference votes have been counted and all surpluses (if any) have been transferred in accordance with this Part, no candidate, or less than the number of candidates required to be elected, have obtained the quota:
(a) the candidate who is lowest on the poll must be excluded, and all the votes obtained by the excluded candidate must be transferred to the candidates next in the order of the voters’ respective preferences, in the same way as is provided under subsection (6); and then
(b) the votes obtained by the excluded candidate as first preference votes must first be transferred, with the transfer value of each vote in this case being 1; and then
(c) the other votes of the excluded candidate must be dealt with in order of the transfers in which, and at the transfer value at which, the candidate obtained them; and
(d) each of the transfers under paragraphs (b) and (c) must be taken for all purposes to be a separate transfer; and
(e) if a number of votes obtained by a candidate is raised up to or above the quota by any transfer:
(i) the candidate must be declared elected and, even though the candidate may have reached the quota, the transfer must be completed and all the votes to which the candidate is entitled from the transfer must be transferred to the candidate, but no other votes are to be transferred; and then
(ii) all of the voting papers on which the transferred votes are recorded must be set aside as finally dealt with; and then
(iii) the candidate’s surplus must be transferred to the candidates next in the order of the voters’ respective preferences in the same way as is provided under subsection (8)(c), but the surplus must not be dealt with until all the votes of the excluded candidate have been transferred; and then
(iv) any surplus must be dealt with before any other candidate is excluded.
(10) The same process of excluding the candidate lowest on the poll and transferring that candidate’s votes to other candidates must be repeated until all the candidates, except the number required to be elected, have been excluded, and the unexcluded candidates who have not already been declared to be elected must then be declared elected.
42 Equal numbers of votes: exclusion of candidate
(1) This section applies if 2 or more candidates have the same number of votes and it becomes necessary to exclude one of them.
(2) Whichever of the candidates was lowest on the poll at the last count at which they had an unequal number of votes must be excluded and, if the candidates had an equal number of votes at all previous counts or there was no previous count, the returning officer must decide in public by lot which candidate must be excluded.
43 Deciding order of voter’s preference
In deciding which candidate is next in the order of the voter’s preference, any candidates who have been excluded must not be considered, and the order of the voter’s preference must be decided as if the names of those candidates had not been on the voting paper.
44 Exhausted voting papers
If on any count there is no candidate next in the order of the voter’s preference on any voting paper, the voting paper must be set aside as exhausted.
45 Recount
(1) The returning officer may recount the voting papers received in the election, at a candidate’s request or on the returning officer’s own initiative.
(2) A request for a recount must be in writing and set out reasons in support of the request.
46 Declaration that election void
(1) If, before the poll is declared in the election, the returning officer is satisfied that the election is, or will be, void because of an irregularity in the course or conduct of the election, the returning officer may, in writing, declare that the election is void from:
(a) the commencement of the election: or
(b) a specified point in the proceedings of the election that is after the notification of the fact that the election was necessary but before the irregularity happened.
(2) If the returning officer declares the election void from the commencement of the election, the returning officer must, as soon as practicable after making the declaration, conduct a fresh election in accordance with this instrument.
(3) If the returning officer declares the election is void from a point in the proceedings of the election, the returning officer must, in writing, determine what proceedings in the election are necessary to ensure that the election will be regularly conducted and must conduct those proceedings in accordance with this instrument.
(4) However, in the conduct of any proceedings in the election under subsection (3), the returning officer may, despite anything in section 27 (Intervals to be allowed by returning officer), determine, in writing, the intervals to be allowed between any events in the course of the further proceedings.
Part 6—Academic Board: provisions for particular elections
Division 6.1—Members elected by College Executive Committee members
47 Application of Division 6.1
This Division applies to an election for members of the Academic Board from among the membership of the College Executive Committees of the ANU Colleges.
48 Notice of election: College Executive Committees member election
(1) If an election for members from the College Executive Committees is necessary, the returning officer for the election must:
(a) give a notice about the election to each person eligible to vote in the election; and
(b) publish a notice about the election on appropriate notice boards at the University.
(2) A notice must:
(a) state that the election is necessary; and
(b) invite nominations of persons eligible for election; and
(c) specify the form in which nominations must be made; and
(d) specify the date and time by which nominations must reach the returning officer.
(3) A notice is taken to have been given to a person if a copy of a publication in which that notice is published is sent to the person.
49 Voting papers etc.: College Executive Committees member election
(1) If there are more valid nominations in an election for members from the College Executive Committees than there are positions to be filled, the returning officer for the election must give each person eligible to vote in the election:
(a) a voting paper; and
(b) a notice about voting in the election.
(2) The notice must:
(a) set out how the voter’s preference must be shown on the voting paper; and
(b) specify the date and time by which voting papers must reach the returning officer.
50 Eligibility to be elected and vote: College Executive Committees member election
(1) A person is eligible to be elected and vote in an election for members from the College Executive Committees if the person holds an academic staff position mentioned in an order in force for section 6.1(i) of the statute.
(2) However, if a person is acting in an academic staff position to which subsection (1) applies, the person is eligible to be elected and vote in the election because of that position if, but only if, the person produces documentary evidence to the returning officer from the substantive holder of the position (or a more senior academic staff member) confirming that the person has been formally appointed to act in the position.
(3) Also, if a person is eligible to be elected or vote in the election because subsection (2) applies in relation to a position in which the person is acting, the substantive holder of the position is not also eligible to be elected or vote in the election because of that position.
(4) Despite subsection (1), a College Dean may not be nominated or elected in the election, but may nominate a person eligible for election and may vote in the election.
(5) Subsection (4) does not apply to a person acting as a College Dean.
Division 6.2—Members elected by academic staff
51 Application of Division 6.2
This Division applies to an election for members of the Academic Board from among the academic staff of an ANU College.
52 Notice of election: academic staff member election
(1) If an election for members from the academic staff of an ANU College is necessary, the returning officer for the election must:
(a) give a notice about the election to each person eligible to vote in the election; and
(b) publish a notice about the election on appropriate notice boards at the University.
(2) A notice must:
(a) state that the election is necessary; and
(b) invite nominations of persons eligible for election; and
(c) specify the form in which nominations must be made; and
(d) specify the date and time by which nominations must reach the returning officer.
(3) A notice is taken to have been given to a person if a copy of a publication in which that notice is published is sent to the person.
53 Voting papers etc.: academic staff member election
(1) If there are more valid nominations in an election for members from the academic staff of an ANU College than there are positions to be filled, the returning officer for the election must give each person eligible to vote in the election:
(a) a voting paper; and
(b) a notice about voting in the election.
(2) The notice must:
(a) set out how the voter’s preference must be shown on the voting paper; and
(b) specify the date and time by which voting papers must reach the returning officer.
54 Eligibility to be elected and vote: academic staff member election
(1) A person is eligible to be elected and vote in an election for members from the academic staff of an ANU College if, on the payday immediately before the day nominations for the election were invited by notice under section 52 (Notice of election: academic staff member election), the person was:
(a) a member of the academic staff of the College; and
(b) paid salary by the University.
[Note: Academic staff is defined in the statute.]
(2) However, subsection (1)(b) does not apply to person if the person holds an academic appointment in an ANU College and is nominated, in writing, as an academic staff member for the statute by the Dean of that College.
(3) In this section:
payday means a day on which the salary of the majority of the persons to whom subsection (1) applies is paid.
Division 6.3—Members elected by general staff
55 Application of Division 6.3
This Division applies to an election for members of the Academic board from among members of the general staff.
56 Notice of election: general staff member election
(1) If an election for members from among the general staff is necessary, the returning officer for the election must:
(a) give a notice about the election to each person eligible to vote in the election; and
(b) publish a notice about the election on appropriate notice boards at the University.
(2) A notice must:
(a) state that the election is necessary; and
(b) invite nominations of persons eligible for election; and
(c) specify the form in which nominations must be made; and
(d) specify the date and time by which nominations must reach the returning officer.
(3) A notice is taken to have been given to a person if a copy of a publication in which that notice is published is sent to the person.
57 Voting papers etc.: general staff member election
(1) If there are more valid nominations in an election for members from the general staff than there are positions to be filled, the returning officer for the election must give each person eligible to vote in the election:
(a) a voting paper; and
(b) a notice about voting in the election.
(2) The notice must:
(a) set out how the voter’s preference must be shown on the voting paper; and
(b) specify the date and time by which voting papers must reach the returning officer.
58 Eligibility to be elected and vote: general staff member election
(1) A person is eligible to be elected and vote in an election for members from the general staff if, on the payday immediately before the day nominations for the election were invited by notice under section 56 (Notice of election: general staff member election), the person was:
(a) employed as a full-time or part-time standard or fixed term member of the professional staff of the University; and
(b) paid salary by the University.
(2) In this section:
payday means a day on which the salary of the majority of the persons to whom subsection (1) applies is paid.
Part 7—Miscellaneous
59 Approved forms
(1) The Vice-Chancellor may, in writing, approve forms for this instrument.
(2) If the Vice-Chancellor approves a form for a particular purpose, the form must be used for that purpose.
(3) The Vice-Chancellor must ensure that approved forms are publicly available on the University’s website or any other way that the Vice-Chancellor considers appropriate.
60 Delegation by Vice-Chancellor
The Vice-Chancellor may, in writing, delegate all or any of the Vice-Chancellor’s functions or powers under this instrument to a member of the staff of the University.
61 Repeal etc.
(1) The Academic Board and Committees Rules 2014 are repealed.
(2) To remove any doubt, a reference in a rule, order or other document of the University to the Academic Board and Committees Rules (whether with or without the year of its making or the year and number of the year of its making) includes a reference to this instrument.