Policy:
Statutes of Swinburne University of
Technology are made in accordance with the Swinburne University of
Technology Act 1992 (The Act). Statutes may be passed by the
University Council and may also make provision for a Regulation to be
passed on the same topic.
A Statute made by Council must:
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be in writing;
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have the common seal of the
University affixed; and
-
be submitted
to the Minister for Post Compulsory Education, Training and
Employment for approval.
Council may make Statutes for or with
respect to all matters relating to the organisation, management and
good government of the University and with respect to specific areas
of responsibility as detailed in The Act.
Scope:
This Statute establishes the
parameters for the requirements of conducting elections to any body
of the University, as required by The Act or any statute or
regulation, of persons who are staff or students of the University,
such as:
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Returning Officer;
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Electoral Rolls;
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Nominations of Candidates;
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Notice of Ballot;
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Voting; and
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Offences.
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Applies to: University-wide
Approved by: Minister for Tertiary
Education and Training
In exercise of the powers conferred by
the Swinburne University of Technology Act 1992, the Council of
Swinburne University of Technology hereby makes the following statute
entitled Statute 15 - Elections Statute.
Application
15.1 This Statute applies to the
election to any body of the University, as required by the Act or any
Statute or Regulation, of persons who are staff or students of the
University.
Returning Officer
15.2 The Returning Officer must ensure
that elections, for the purpose specified in clause 1, are held in
accordance with regulation 15 ("the regulations").
Electoral Rolls
15.3 In respect of each campus of the
University, the Returning Officer must keep electoral rolls for each
of the following electorates, as defined in the regulations:
(a) the Higher
Education, academic staff roll;
(b) the TAFE
academic staff roll;
(c) the general
staff roll; and
(d) the student
rolls.
15.3.1 Each electoral roll must
contain the name of each person entitled to be on that roll together
with such further information necessary to identify such person as
the Returning Officer may think appropriate.
Nominations of Candidates
15.4 The procedures for the nomination
of a candidate for election shall include the following:
(a) the Returning
Officer must call for nominations of candidates by the relevant
electorate within the timeframe set down in the regulations;
(b) the call
for nominations must be in the form determined by the Returning
Officer;
(c) the Returning Officer must publish
the call for nominations by any means he or she thinks fit which are
reasonably calculated to ensure that the call comes to the attention
of the relevant electorate; and
(d) nominations must
comply with the requirements specified in the regulations.
Returning Officer to Declare
Candidates Elected or to Conduct Election
15.5 If the number of candidates
nominated for election as members of a body in a particular category
does not exceed the number of vacancies, the Returning Officer must
declare those candidates duly elected.
15.5.1 If the number of candidates
nominated for election as members of a body in a particular category
exceeds the number of vacancies, the Returning Officer must conduct a
ballot in accordance with the regulations.
Notice of Ballot
15.6 The Returning Officer must
publish notice of a ballot within the time frame set down in the
regulations and by any means the Returning Officer thinks fit which
are reasonably calculated to ensure that the notice comes to the
attention of the relevant electorate.
Voting
15.7 Voting shall be carried out in
accordance with the procedures set down in the regulations.
Delegation
15.8 The Returning Officer may
delegate to the student union the conduct of elections to a body of
student members of the union in accordance with the regulations.
Return of Documents
15.9 The completed nomination forms,
ballot papers, envelopes, electoral rolls and other records relating
to an election shall be retained by the Returning Officer for a
period of at least three (3) months after which they must be
destroyed unless in the meantime any dispute has arisen in which case
they are to be retained until the dispute has been finally disposed
of and for three (3) months thereafter.
Offences
15.10 The regulations may prescribe
certain offences in connection with any election. The Returning
Officer may make a report to the Vice-Chancellor concerning any
offence of which he or she may become aware.