Australian Film, Television and Radio School (Council Elections) Regulations 2017

The instrument is structured around a set of practical electoral concepts that determine who decides, how decisions are processed, and how votes are converted into elected representatives. Key concepts and their statutory anchors are:

• Returning officer and delegation: The returning officer is the Secretary to the Council (s 10(1)). The returning officer may appoint deputies in writing to assist conduct of the election (s 10(2)). This centralises operational authority in an existing administrative office.

• Notice and modes of communication: Publication and service options are prescribed. Notices must be published either on a School noticeboard, on the School’s website, or given directly to each person who is entitled to vote (s 8(1)). Delivery to individuals may be by messenger, post, email, or by informing the person how to access documents online (s 8(2)-(3)). These rules give the returning officer multiple lawful channels to communicate, and thus discretion about which channels to use in practice.

• Timetable and minimum notice periods: The returning officer must set the election date, poll closing time, and nomination close time (s 11(1)). Nominations must close at least three weeks before the election (s 11(1)(c)). The calling notice must be prepared and published at least five weeks before the election (s 12(1)). Ballot papers must be distributed to electors within seven days after nominations close and at least 14 days before the election (s 16(1)). These time minima impose concrete calendar constraints on administration and candidate campaigning.

• Scope of elections: The regulations apply only to staff and student Council elections described in s 5 and defined in s 7. The instrument expressly applies to elections with dates on or after commencement (s 27).

• Nomination formalities: Nominations must follow Form 1 (Schedule 1), be made by a person entitled to vote (who may be the candidate), be signed by both nominator and candidate, and be made before nominations close (s 13; Schedule 1 Form 1). The nomination form includes witness signatures, a candidate consent, and addresses.

• Balloting and preferential voting: If nominations exceed vacancies, a ballot is required (s 15). Voting is by preferential numbering in cardinal order commencing with 1; voters may express as many preferences as they wish (s 17). Ballot papers follow Form 2, although electronic ballot papers may adopt different directions as the returning officer thinks appropriate (s 16(2)-(3)). Candidate names are ordered by lot on the ballot (s 16(4)).

• Scrutiny and counting: The result is ascertained by scrutiny (s 19). Scrutineers may be appointed by candidates (s 20). The returning officer conducts scrutiny in public to scrutineers (s 23(1)), and follows the counting procedure in Schedule 2 (s 23(2)). Schedule 2 sets a preferential exclusion and transfer mechanism: count first preferences, elect any candidate with more than half of first preferences, otherwise exclude lowest candidate and transfer whole ballots according to next available preference, repeat until a candidate has more than half, with ties resolved by lot (Schedule 2 cll 3-10). The rules include treatment of exhausted ballots (Schedule 2 cl 11).

• Electronic conduct and transparency: Elections can be conducted wholly or partly electronically (s 9). Where computer programmes perform steps in scrutiny, scrutineers must be entitled to be present when the programme provides results, and to inspect those results (s 23(3)). The instrument permits but regulates electronic conduct, creating obligations around transparency of electronic results.

• Secret ballot and identity separation: The returning officer must ensure the ballot is secret and that voters’ identities are kept separately from their ballot papers (s 25(1)). Disclosure of how a voter voted is prohibited for the returning officer, deputies, and scrutineers (s 25(2)).

• Publication of results: The returning officer must notify the Council in writing and publish the result in the same ways as other notices (s 26).

Collectively, these concepts form a procedural electoral framework that prioritises administrative control by the returning officer, preferential single-winner counting logic as set out in Schedule 2, optional electronic conduct with inspection safeguards, and minimum timeframes for nomination and voting material distribution.

Primary actors identified and regulated by the instrument are:

• The Secretary to the Council, acting as returning officer: The instrument makes the Secretary the returning officer for elections (s 10(1)), with power to appoint deputies (s 10(2)). This person bears the core administrative responsibilities, from setting dates to conducting scrutiny and publishing results (ss 11, 12, 16, 23, 26). Administrative costs, recordkeeping and decision-making obligations fall on this office.

• Candidates for staff and student Council positions: Candidates must meet the qualifications that the School specifies in notices (s 12(2)(b)), submit nominations in the Form 1 format signed by a nominator who is entitled to vote (s 13(a),(b),(c); Schedule 1 Form 1), and may provide a statement of up to 150 words to be distributed with ballot papers (s 16(1)(c)). Candidates bear the burden of timely nomination, securing a nominator, and complying with form requirements. Candidates may appoint scrutineers to observe counting (s 20).

• Nominators: Nominations must be made by a person entitled to vote at the election, which could be the candidate themself (s 13(a)). That creates an involved role for electors who act as nominators.

• Electors, being staff members or students of the School who are entitled to vote: Electors receive ballot papers (s 16(1)), must record preferences beginning with 1 and may number as many preferences as they wish (s 17), and must return ballot papers by the close of poll (ss 16(1)(b)(ii), 17(b)). Electors are also potential nominators (s 13) and may be scrutineers if appointed by candidates (s 20). The returning officer must not accept ballots unless satisfied the voter is entitled and has voted only once (s 18).

• Scrutineers: Appointed by candidates by written notice signed by the candidate and given to the returning officer before scrutiny (s 20(2)). Scrutineers have rights to inspect proceedings and computer-generated results where used (s 23(1)(b),(c); s 23(3)). Scrutineers and returning officer personnel are prohibited from disclosing how any voter voted (s 25(2)).

• The Minister: Limited role. The Minister, and not the returning officer, must determine the date of an election if held to fill a casual vacancy as contemplated by subsections 9(2) or 10(3) of the Act (s 11(2)). The Minister’s function is therefore narrow and triggered only in casual vacancy scenarios provided by the Act.

Secondary or implied affected parties:

• The School as institution: While the instrument does not expressly allocate financial burden, the School will practically bear administrative costs associated with notices, ballot production, electronic systems, staff time for the Secretary/returning officer, and any appointed deputies.

• IT service providers and vendors: If elections are conducted electronically under s 9, third-party software, websites or services may be engaged to accept votes or perform scrutiny steps, subject to the scrutineer inspection rights in s 23(3). Service providers will need to meet transparency and timing requirements imposed by the instrument.

• Persons handling communication and delivery: The returning officer may choose messenger, post, email, or internet access, per s 8(2)-(3), meaning postal services, internal messenger services, and IT support are operationally implicated.

The instrument, by its terms, does not create offences, criminal sanctions, or appeals processes. It therefore affects parties primarily by imposing administrative duties and procedural entitlements, not by imposing statutory penalties. Any enforcement or challenge mechanisms must be sought in the Act or other law, as this instrument itself contains no penalty clauses.

This section maps duties imposed on office-holders and rights available to candidates, electors and scrutineers, with statutory references.

Duties of the returning officer (Secretary to the Council)

• Determine election schedule. The returning officer must determine the date of the election, the closing time of the poll on that date, and the date and time nominations close (s 11(1)). For casual vacancies the Minister sets the date (s 11(2)).

• Call nominations and publish notice. The returning officer must prepare a written notice at least five weeks before the election and publish it by noticeboard, website, or direct giving to electors (s 12(1); s 8(1)). The notice must state the number of persons to be elected, required qualifications, invite nominations, specify nomination form and closing date (s 12(2)).

• Administer nominations. Ensure nominations comply with the Form 1 requirements, that nominators are entitled to vote, are properly signed and witnessed, and are received before nominations close (s 13; Schedule 1 Form 1).

• Distribute ballot materials. Within seven days after nominations close and at least 14 days before the election, give each entitled elector a ballot paper, a notice specifying how to return the ballot and the poll close, and candidate statements if supplied before close of nominations (s 16(1)).

• Ensure secrecy and identity separation. The returning officer must ensure the ballot is secret and that voter identity is kept separately from the ballot paper (s 25(1)).

• Scrutiny and result ascertainment. Conduct scrutiny to ascertain the poll result (s 19), in accordance with Schedule 2 counting procedures (s 23(2)), allow scrutineers and approved persons to be present (s 23(1)(b),(c)), and determine admissibility of challenged ballot papers (s 21). The returning officer must not accept a ballot paper unless satisfied the voter is entitled and has only voted once (s 18).

• Notification and publication of results. Inform the Council in writing and publish the result as required by s 8(1) (s 26).

Duties or discretions of the returning officer that affect process and rights

• Methods of giving notices and documents: choose among noticeboard, website, or direct giving, and choose delivery method including email and internet access particulars (s 8(1)-(3)).

• Ordering of candidate names: determine order by lot (s 16(4)).

• Adjudicate informal ballots: decide whether to admit or reject ballot papers objected to by scrutineers, and reject informal ballot papers even without objection (s 21(1)-(2); s 22(1)-(2)).

• Recount: may recount ballots (s 24).

Rights of candidates and electors

• Candidate nomination rights: Eligible staff or students may be nominated, including self-nomination, provided nomination form formalities are met (s 13).

• Candidate statement: Candidates may supply a statement not exceeding 150 words for distribution with ballot papers if given before close of nominations (s 16(1)(c)).

• Scrutineer appointment: Candidates may appoint scrutineers by written notice signed by the candidate and lodged before scrutiny (s 20(1)-(2)). Scrutineers have rights to be present and inspect proceedings, as well as inspect computer programme results where used (s 23(1)(b),(c); s 23(3)).

• Elector voting method and secrecy: Electors have the right to cast preferential votes by numbering on the ballot, to receive ballots and notice of poll close, and to have their ballot cast in secret (ss 16, 17, 25).

• Replacement ballot paper: Electors may apply personally to the returning officer for a replacement ballot paper after distribution and before close of poll; the returning officer may give one personally or by permitted means (s 16(5)).

Constraints and specified mechanics

• Preferential numbering: Voters must number preferences in cardinal order commencing with 1, but may indicate as many subsequent preferences as they wish (s 17).

• Treatment of informal papers and exhausted papers: Defined rules for what makes a paper informal and how repeated or omitted numbers are treated (s 22; Schedule 2 cl 11).

• Determination by lot in ties: The returning officer must decide by lot when candidates are tied and exclusion or election must be decided (s 16(4); Schedule 2 cll 5, 7, 9).

These duties and rights allocate a broad administrative role to the returning officer, protect candidate and scrutineer participation in scrutiny, set clear voter instructions and secrecy protections, and define concrete counting rules. Several points leave procedural discretion to the returning officer, particularly in communication methods, acceptance of ballots, and electronic implementation details, requiring the returning officer to design detailed operational processes that comply with the instrument.

The instrument contains no express offences, criminal sanctions or civil penalty provisions. Nowhere in the body of the regulations or the Schedules is a monetary penalty, imprisonment, or enforcement regime specified. The text prescribes procedures and duties for carrying out elections, but it does not create a statutory enforcement mechanism for breaches of those procedures.

Consequences and enforcement in practice therefore operate through the following mechanisms implicit in the instrument, or available under the parent Act or general administrative law:

• Administrative control by the returning officer: The returning officer is empowered to determine dates, accept or reject ballot papers, conduct scrutiny, and decide recounts (ss 11, 18, 21, 23, 24). Compliance is effected by the returning officer’s capacity to refuse to accept ballots that do not meet requirements (s 18), to reject informal ballot papers (s 22), and to deem nominations invalid if form requirements are not met (s 13; Schedule 1).

• Internal institutional remedies: The instrument requires written notification of results to the Council (s 26). Any challenge to the result may therefore be routed through Council procedures or internal administrative review, though no such Council procedures are specified in the instrument. The instrument does not specify appeal avenues.

• Ministerial role limited to casual vacancy timing: The Minister must determine election date in certain casual vacancy circumstances (s 11(2)). The Minister’s involvement is narrow and not framed as an enforcement power.

• External legal remedies: Because the instrument is subordinate legislation made under the Act (s 3), persons aggrieved by procedural irregularities could, in principle, seek judicial review in administrative law for jurisdictional error or procedural unfairness, or other remedies under the Act or general law. The instrument itself does not specify these remedies. No penalty clauses are available to be enforced by regulatory action under this instrument.

• Disclosure prohibition enforcement: The instrument specifies that the returning officer, a deputy or a scrutineer must not disclose how any voter has voted (s 25(2)). This is a prescriptive prohibition, but the instrument does not attach a specified sanction for breach. Enforcement would depend on other legal avenues, such as breach of privacy law, employment rules, defamation, or general legal remedies.

Because there are no in‑instrument penalties, compliance is primarily implemented through the returning officer’s administrative powers and through external legal or internal governance mechanisms. Practitioners advising clients should therefore look to the Australian Film, Television and Radio School Act 1973, general administrative law, the School’s own governance instruments, and any contracts or policies for enforcement mechanisms beyond the procedural rules in these regulations.

The instrument is subordinate legislation made under the Australian Film, Television and Radio School Act 1973, as stated in section 3. Its operation and limits are therefore framed by that Act. The regulations regularly refer to definitions and procedural contexts supplied by the Act: for example, the instrument notes that expressions such as Council and School are defined in the Act (s 7 note).

Specific interactions and points to consider:

• Parent Act definitions and vacancies: Eligibility to stand as a staff member or student is anchored in the Act. The instrument does not restate substantive eligibility criteria, it requires that the notice state the required qualifications for standing (s 12(2)(b)), relying on the Act for underlying rules. The Minister’s narrow role in setting election dates for casual vacancies is also a function explicitly linked to provisions of the Act (s 11(2) referencing subsections 9(2) or 10(3) of the Act).

• Administrative law and judicial review: The instrument delegates significant discretionary functions to the returning officer, including acceptance of ballots, rejection of papers, and determinations by lot in ties. Those decisions by a public official are subject to legal constraints outside the instrument, including principles of procedural fairness and administrative law, although the instrument contains its own procedural rules. Challenges to the returning officer’s exercise of discretion would be pursued under the Act or via judicial review remedies, not within the instrument itself.

• Privacy and confidentiality laws: The instrument mandates separation of voter identity from ballot papers and prohibits disclosure of how a voter voted (s 25). Compliance with privacy obligations under the Privacy Act 1988 and applicable records management rules will shape how the returning officer stores and handles voter identity information and ballots, particularly where electronic systems are used.

• Employment and industrial laws: The instrument provides that staff members vote and may stand. Any operational time and conduct arrangements for staff engaging in nomination, campaigning or voting will interact with employment contracts, enterprise agreements and workplace policies. The instrument does not address leave, campaigning during work hours, or use of School resources.

• Electronic communications and cybersecurity laws: Where elections are conducted electronically under s 9, the School will need to ensure compliance with telecommunications, cybersecurity and data protection obligations. The instrument permits electronic voting and computerised scrutiny, but does not regulate security, authentication, or retention of electronic records; these aspects will require attention under general IT and records laws and policies.

• Records retention and archives: The returning officer’s responsibilities to publish notices and notify Council (s 8, s 26) will interact with general record‑keeping obligations of the School and any relevant archival requirements.

• Repeal and transitional interaction: Schedule 3 repeals the prior Australian Film, Television and Radio School (Elections) Regulations entirely. Section 27 sets this instrument’s application to elections occurring on or after commencement. Any rights, practices or past decisions under the repealed regulations that have ongoing effect must be examined in light of Schedule 3 and the Act.

• Criminal or civil law for misconduct: The instrument does not specify criminal sanctions, but misconduct such as tampering with ballots, falsifying records or unauthorised disclosure might engage general criminal offences, or civil liabilities, under other laws.

In short, these regulations operate as a focused procedural code for staff and student Council elections, but their operation will commonly intersect with the Act for eligibility and vacancies, with general administrative law for challenges to discretion, with privacy and IT law where electronic methods are used, and with employment and School governance rules in operational contexts.

The instrument itself contains limited historical data within its text. From the instrument provided:

• Date and commencement: The instrument is signed and dated 15 June 2017 and states in the commencement table that the whole instrument commences the day after registration, with the commencement example date shown as 20 June 2017 (see section 2 and the commencement table).

• Repeal of predecessor: Schedule 3 expressly repeals the entire Australian Film, Television and Radio School (Elections) Regulations. The single item in Schedule 3 reads "The whole of the regulations, Repeal the regulations." This is a complete repeal of the prior regulations, replacing them with the 2017 instrument.

• No further amendments recorded: The copy of the instrument provided contains no recorded subsequent amendments, no amending sections, and no notes indicating later changes. The commencement note explicitly states the table relates only to provisions as originally made and will not be amended to deal with later amendments (s 2 note). Therefore, any later amendments, revocations or variations are not evident in the supplied text.

• Transitional provision: Section 27 provides that the instrument applies to elections if the date of the election occurs on or after the date the instrument commences. That makes the instrument self-contained from commencement for future elections.

Because the instrument as provided contains no entries of post-commencement amendments, the amendment history in this source comprises the instrument’s making in 2017 and its repeal of the earlier regulations in Schedule 3. Practitioners should consult consolidated or current legislative databases to check for any subsequent amendments after the instrument’s original registration date; such amendments are not captured in the source document.

The supplied instrument does not include any case citations, court decisions, or references to litigation. The text names no judicial decisions, and there is no schedule or note recording legal challenges. Therefore, within this source there is no litigation history to report.

Practical implications of that absence:

• No authoritative judicial determinations of the instrument’s provisions are contained here. Questions about the interpretation of discretionary powers, e.g. the returning officer’s acceptance or rejection of ballot papers (ss 18, 21), the treatment of multi-seat elections relative to the Schedule 2 counting procedure, or the application of electronic voting safeguards, will have to be informed by general statutory interpretation, administrative law principles and any case law that might exist elsewhere but is not cited in the instrument.

• If disputes arise in practice (for example over rejection of votes, secrecy breaches, or the conduct of an electronic count), remedies and legal tests will come from the Act, administrative law, contract or tort law, or other applicable statutes. The instrument itself does not create internal judicial review processes.

Because the source does not report litigation, practitioners needing to advise on contested elections must conduct independent case law research under the Act and common law, and, where relevant, search for decisions that have considered similar university or statutory body election regulations.

This instrument has several specific technical features and areas of potential operational risk that administrators, candidates and advisers should note precisely as written:

1. Timing constraints are exact and binding. The returning officer must publish the election notice at least five weeks before the election (s 12(1)). Nominations must close at least three weeks before the election (s 11(1)(c)). Ballot papers must be given within seven days after nominations close and at least 14 days before the election (s 16(1)). Failure to comply with these minima could produce procedural challenges. The returning officer needs a calendar management system to ensure compliance.

2. Returning officer centralisation and discretion. The Secretary to the Council is the returning officer (s 10(1)) and has multiple discretionary functions: choosing publication modes (s 8), deciding ballot admissibility (s 21), deciding whether voters have voted only once (s 18), ordering candidate names by lot (s 16(4)), and determining return methods for ballot papers (s 16(1)(b)(i)). Such discretion is administratively efficient but creates single points of decision and therefore risk of challenge if exercised without transparent records.

3. Electronic voting permitted but not prescriptive. Section 9 allows elections to be conducted in whole or in part electronically, including use of computer programmes for parts of the scrutiny. The instrument, however, does not set authentication, encryption, audit trail, or retention standards. Where electronic voting is used, operational safeguards must be supplied by administrative policy and procurement contracts, and scrutineers have a defined right to presence when programmes provide results (s 23(3)). Lack of explicit security rules is a practical implementation gap.

4. Counting procedure appears focused on a single-winner preferential count. Schedule 2 describes electing "a candidate" who receives more than half, excluding the lowest and transferring whole ballots until a candidate has more than half (Schedule 2 cll 3-10). The instrument contemplates "the number of persons to be elected" in notices (s 12(2)(a)), but Schedule 2 does not explicitly set a multi-seat counting method (for example single transferable vote with quotas or sequential filling). The absence of explicit multi-seat mechanics may create ambiguity for elections where multiple positions are to be filled, requiring the returning officer to interpret Schedule 2’s application to multi-member outcomes, with attendant risk of dispute.

5. Treatment of repeated numbers and omissions after first preference. Section 22(2) specifies that a ballot is not informal simply because the same number is repeated after the first preference or because a number is omitted after the first preference, but the ballot must be treated as if repeated numbers and any higher numbers had not been placed, or higher numbers after omissions had not been placed. That rule can produce unexpected exhaustion of preferences and loss of downstream transfers. Voters need clear instruction and education on preference numbering.

6. Ballot secrecy vs. verification obligations. Section 25 requires separation of voter identity from ballot papers, and that returning officer, deputy or scrutineer must not disclose how any voter has voted. At the same time the returning officer must be satisfied a voter is entitled and has voted only once before accepting a ballot (s 18). Practical systems for maintaining identity separation while enabling verification, especially in electronic voting, require procedural and technical design, including secure linking and eventual destruction or strict access controls.

7. Candidate statement limitations. Candidate statements are limited to a maximum of 150 words, and the returning officer only includes a statement if supplied before the close of nominations (s 16(1)(c)). Late statements will not be distributed, and the returning officer has no obligation to edit or standardise statements.

8. Form formalities: Form 1 contains witness signatures and addresses. Nominations must be in Form 1 (s 13; Schedule 1). Ordinary practice such as informal email nominations or unsigned forms will be invalid.

9. Ties decided by lot. Both election outcomes and exclusions where candidates have equal votes are decided by lot (s 16(4); Schedule 2 cll 5, 7, 9). The use of chance to resolve ties is explicit; stakeholders should plan and document the lot procedures to avoid disputes.

10. Repeal of prior regulations. Schedule 3 repeals the prior regulations in full. If election practice had been built on the prior text, administrators must ensure the new procedures are understood and implemented.

11. No enforcement/penalty regime in the instrument. The instrument prescribes procedures but contains no penalties or internal review mechanisms; remedies for noncompliance will require recourse to the Act, general administrative law, or other legal avenues.

12. Publication modes may disadvantage some electors. Section 8(1) allows publication by noticeboard, website or giving to each elector. If the returning officer chooses noticeboard or website only, electors who do not access those channels could argue inadequate notice. Best practice should document giving notices by multiple channels.

13. Replacement ballot paper only by personal application. Replacement papers are available if the elector applies personally to the returning officer after distribution and before close of poll (s 16(5)). Remote electors may need adequate provision by post or electronically to obtain replacements in time.

These specific procedural features are the concrete operational issues that require attention if an election is to be run smoothly and defensibly under the regulations.

Below is a practical, source-grounded checklist and recommended operational steps for the returning officer (Secretary to the Council), candidates, and electors, organised to mirror the statutory sequence and referencing the relevant sections.

For the returning officer

1. Confirm authority and delegation

   • Ensure you are the person occupying or performing the duties of Secretary to the Council (s 10(1)).
   • If necessary, appoint deputies in writing to assist (s 10(2)). Maintain written delegation records.

2. Set the election timetable

   • Determine the election date, time of poll close, and nomination close time. Ensure nominations close at least three weeks before the election (s 11(1)(a)-(c)).
   • If filling a casual vacancy under subsections 9(2) or 10(3) of the Act, obtain the Minister’s determination of the election date (s 11(2)).

3. Prepare and publish the election notice

   • Prepare the written notice not less than five weeks before the election (s 12(1)).
   • The notice must state the number of persons to be elected, required qualifications, invite nominations, specify the nomination form, and state the nominations close date and time (s 12(2)(a)-(e)).
   • Publish by at least one of the permitted means: School noticeboard, School website, or give the notice to each person entitled to vote (s 8(1)). For best practice, use multiple channels and retain evidence of publication.

4. Manage nominations

   • Accept nominations only on the Form 1 format (s 13; Schedule 1 Form 1).
   • Check that each nomination is made by a person entitled to vote (may be the candidate themself), is signed by nominator and candidate, and contains witness signatures and addresses as per Form 1 (s 13; Schedule 1).
   • Log timestamps for receipt and retain original signed nomination forms.

5. Prepare ballot materials and distribution

   • Within seven days after nominations close and at least 14 days before the election, give each entitled elector a ballot paper, a notice about return procedure and poll close, and candidate statements where supplied before close of nominations (s 16(1)).
   • Use Form 2 as the template for paper ballots (s 16(2); Schedule 1 Form 2). For electronic ballots, ensure directions are clear (s 16(3)).
   • Determine ballot paper ordering by lot and document the lot process (s 16(4)).

6. Voting logistics and security

   • Establish secure channels for ballot return, whether messenger, post, email, or internet access instructions, as allowed under s 8(2).
   • Implement processes to ensure each elector votes only once and that the returning officer is satisfied of entitlement prior to accepting a ballot (s 18). Keep records of ballots issued and ballots returned.
   • Ensure separation of voter identity and ballot papers, and procedures preventing disclosure of how any voter voted (s 25(1)-(2)). Document chain of custody and access controls, especially for electronic files.

7. Facilitate scrutineer participation

   • Require candidates to appoint scrutineers in writing, signed by the candidate and given before scrutiny (s 20(2)).
   • Make the scrutiny open to scrutineers and approved persons, allow adjournments as needed, and keep proceedings inspectable (s 23(1)(b),(c),(d)).

8. Counting and scrutiny

   • Conduct scrutiny as soon as practicable after poll close (s 23(1)(a)).
   • Follow Schedule 2 counting procedures: count first preferences, elect any candidate with >50% first preferences, exclude lowest candidates and transfer whole ballot papers to next preferences until a candidate obtains a majority, use lot to resolve ties (Schedule 2 cll 3-10).
   • Where computer programmes are used, enable scrutineers to be present when the programme provides results and to inspect those results (s 23(3)). Maintain and archive electronic logs.

9. Recounts and notification

   • If needed, conduct recounts as authorised by s 24.
   • Notify the Council in writing of the result and publish the notice in accordance with the permitted notice channels (s 26). Retain records of the publication.

10. Records retention and compliance

    • Keep clear records of notices published, nominations received, ballots issued and returned, counting logs, scrutineer appointments, and any lot procedures used to resolve ties.
    • Ensure data handling complies with privacy laws, records retention policies and any School governance rules.

For candidates

1. Ensure eligibility and obtain nominator

   • Confirm required qualifications for standing as set out in the notice (s 12(2)(b)).
   • Obtain a nominator who is entitled to vote; you may self‑nominate (s 13(a)).

2. Complete Form 1 correctly and on time

   • Provide candidate and nominator details, signatures and witness signatures as required in Schedule 1 Form 1.
   • Ensure the nomination is physically or electronically received before the nominations close time (s 13).

3. Provide candidate statement if desired

   • Prepare a statement not exceeding 150 words and supply it before the close of nominations if you want it included with ballot papers (s 16(1)(c)).

4. Consider appointing a scrutineer

   • If you want a scrutineer to observe scrutiny, appoint one by written notice signed by you and give it to the returning officer before scrutiny begins (s 20(2)).

For electors

1. Confirm entitlement to vote

   • Identify whether you are an entitled elector as staff or student under the Act and School rules; only entitled electors may vote and nominate (s 13(a), s 16(1)).

2. Watch the timetable and notice channels

   • Monitor the School noticeboard, website and any direct communications for notices (s 8(1), s 12(1)).

3. Follow voting instructions exactly

   • On the ballot, place numbers in cardinal order commencing with 1 next to as many candidates as you wish to indicate preference order (s 17). Failure to indicate a first preference renders the ballot informal (s 22(1)(a)).

4. Return ballots by the poll close

   • Return the ballot by the date and time specified, and by the method indicated in the distributing notice (s 16(1)(b)). If you need a replacement ballot, apply personally to the returning officer before poll close (s 16(5)).

Practical tips and risk controls for administrators

• Document all discretionary decisions, particularly rejections of nominations or ballots, lot procedures, and determinations on entitlement (ss 13, 18, 21, 16(4)). Good records support defensibility.

• For electronic voting, procure systems that provide auditable logs and voter authentication, and ensure scrutineers can inspect outputs as required by s 23(3). Develop a written IT security and contingency plan.

• Use multiple publication channels to reduce notice-related disputes. Where composition of the electorate includes remote students or staff, consider mailed or emailed notices in addition to website and noticeboard publication (s 8).

• Train staff and deputies on secrecy obligations in s 25 and on handling of ballot papers and voter identity information, with strict access controls and retention schedules.

• Clarify the intended approach for multi-member elections prior to the call for nominations. If multiple persons are to be elected, state clearly in the notice how the counting procedure will apply (s 12(2)(a)), given that Schedule 2 is phrased in the singular.

Following these steps will align operational practice with the statutory duties and rights set out in the instrument, reduce exposure to procedural challenge, and ensure transparent, auditable conduct of staff and student Council elections under the regulations.