SCHEDULE ONE:
ASSOCIATION ELECTORAL REGULATIONS
1 Scope of Regulations
The election of the association President, Vice President, Office Holders and Faculty Representatives shall be held by the manner prescribed in these regulations and relevant sections of the constitution.
Timing of Election
The election shall be held at a time to be confirmed by the Executive Council but shall generally follow the following timetable:
Appointment of Returning Officer: Before end of Week 7, Semester 1
Notification of election: Start of Week 8 Semester 1
Nominations open: Start of Week 8 Semester 1
Nominations close: End of Week 2, Semester 2
Campaigning period opens: Start of Week 4, Semester 2
Ballot commences: Start of Week 6, Semester 2
Campaigning period closes: End of Week 7, Semester 2
Ballot closes: End of Week 7, Semester 2
2. Returning Officer
A The Returning Officer shall be appointed by the Executive Council
B The Returning Officer shall be independent of the Association.
C The Returning Officer shall appoint such assistants as she/he thinks fit.
D The Returning Officer shall be entrusted with the whole conduct of the election.
3. Powers and Duties of the Returning Officer
A The Returning Officer shall generally do all things she/he considers necessary, expedient or advisable for the proper conduct of the election.
B Without derogating from the generality of the Returning Officer's powers and duties the Returning Officer shall include, but not be limited to:
Determining the design and content of all forms and official information pertaining to the running of the election
i Providing sufficient ballot papers or otherwise for the running of the election.
ii Excluding from voting all persons who do not appear to be duly authorised to vote.
iii Providing for the peaceful nature and due secrecy of the ballot.
iv Directing and regulating the manner of voting and of recording votes.
v Arranging for and supervising the counting of votes and disallow votes not recorded in the specified manner or not sufficiently clear in his/her opinion.
vi When a ballot is required, on the completion of the counting of votes, retaining and securely keeping all votes until the expiry of the appeal period or until determination of any inquiry arising out of the election, and at the end of that time take steps to effectively and entirely destroy the ballot papers.
4. Acts of the Returning Officer
All acts and things done by the Returning Officer for any purpose in reasonably carrying out their duties shall be deemed to be done under the direction and authority of the Executive Council.
5. Financial budget for the Election
The Returning Officer shall be provided with a budget prepared by the Executive Council. The Returning Officer shall run the election within the constraints of this Budget. Any extra expenditure must be approved by the Executive Council.
6. Substitute Returning Officer
If for any cause the Returning Officer is unable to fulfil the duties of the office at an election the Executive Council shall appoint a substitute who for the purposes of that election shall be deemed the Returning Officer.
7. Notice of Election (This schedule shall be read in conjunction with Section 11 of the Constitution.)
A The Returning Officer shall give notice of an election at least five days prior to the opening of nominations. Such notice shall be posted on notice boards throughout the University and shall state the positions open to candidature, who is eligible to stand, who is eligible to vote, the closing date for the nominations and the time and date of the elections.
B Based upon the official record of the nominee held in the University student administration database, the Returning Officer shall ascertain, in the case of Office Holders and Faculty Representatives that the nominee is a member of the group of which they are standing for election, where appropriate.
C Once nominations have closed the Returning Officer shall inform members of the names of all candidates and the positions they are standing for.
8. The election for the President of the Association shall be held concurrently with the election for the Vice President, Executive Council Office Holders and Faculty Representatives in the second semester of each year.
9. Nominations for the position of President, Vice President, Office Holders and Faculty Representatives shall be widely advertised within the University at least six weeks prior to the ballot commencing
10. Nominees for the position of AuSM President must attend 3 Executive Council meetings in the 4 months preceding the first day of polling.
11. Nominations for the position of President, Vice President, Office Holders and Faculty Representatives must be lodged with the Returning Officer no later than three weeks prior to the first polling date of the election. The nomination must include the candidate name, address, phone number, course of study and proof of financial membership of the Association together with an order of preference if contesting multiple positions as required under Clause 13C below. Two other financial members of the Association must sign the nomination form
12 Application for Nomination
A All applications shall be on a form available from the Association offices and shall be signed by the candidate and the two persons nominating him/her.
B The application form shall have space to include the candidates name, course of study, address, telephone number and course of study of the two nominating people. The Returning Officer may request that proof of the candidate's and nominating persons current financial membership of the Association be attached to the nomination form.
C A candidate may withdraw their nomination by written request to the Returning Officer any time as of right up to 4:30pm on the next business day after applications close or later in the absolute discretion of the Returning Officer.
D If after applications close there is only one candidate for any position, the Returning Officer shall declare that candidate as being the successful nominee and will not include their name on the ballot paper. However that candidate shall not be deemed to have been elected until a resolution to that effect has been passed at a General Meeting of the Association.
13. Candidates
A A candidate must be a current financial member of the Association at the time of the submission of their nomination.
B A candidate for President must have been a financial member for at least 12 months immediately prior to the submission date of their nomination and have been a University student within the 12 months prior to the submission date of their nomination.
C A candidate may stand for more than one position. A candidate is only eligible to hold one position, no matter how many s/he is successful in being elected to. Candidates must specify on their nomination form their order of preference if successful in being elected to more than one position.
D A candidate may spend no more than $250 on campaigning prior to the election, including the value of any donations. The Returning Officer has the power to request information to verify the amount of expenditure for each candidate.
E A candidate may begin to campaign from the opening of the campaigning period but must remove all campaign material including, but not limited to, posters, leaflets, banners, chalk marks and other advertising material by midnight on the day the campaigning period closes.
F Candidates are permitted to campaign in person during the election period, but must remain at least fifteen metres from a polling booth while doing so.
G A candidate shall be disqualified if he or she:
- is an un-discharged bankrupt
- is under the age of 16 years
- has been convicted of a crime
- is prohibited from being a director or promoter of, or taking part in management of, a company
- has been disqualified as being an officer under section 31(4)(b) of the Charities Act 2005
- is an individual who is subject to a property order, or whose property is managed by a trustee corporation
- is a body corporate that is being wound up, in liquidation or receivership, or subject to statutory management
- is a person deemed by the Executive Council not to be a fit and proper person to hold office
H. Candidates who do not abide by these regulations may be subject to vote penalties at the discretion of the Returning Officer.
14. Ballot Papers
A Ballot papers shall be in the form decided on from time to time by the Returning Officer in accordance with direction set by the Executive Council.
B Any ballot paper not adhering strictly to the instructions on the paper shall be examined by the Returning Officer. If in the Returning Officer's opinion the ballot paper does not show a clear vote for the appropriate number of candidates they shall be declared invalid.
15. Voting
A All current financial members of the Association at the commencement of the election ballot, based upon the official records held in the University student administration database, shall be eligible to vote.
B Voting shall be by postal ballot or secret ballot cast at such voting booths as the Returning Officer deems necessary to provide reasonable access for members wishing to vote.
C During the counting of the votes, no persons other than the Returning Officer and the appointed scrutineers shall be present.
D The successful candidate shall be the candidate whom polls the highest number of votes. Where there is an equality of voting a recount shall be conducted immediately. If there is still a tied vote the Returning Officer shall call another ballot for that position.
E Where there is a student or group of students who for reasons relating to their course or exceptional circumstances cannot vote at the time of the election, the casting of special votes may be allowed at the discretion of the Returning Officer. The form and manner of the special votes shall be at the discretion of the Returning Officer.
16. Appeals
A If a dispute arises in relation to the election, the decision of the Returning Officer shall be final, subject to any appeal decision under the provision of this rule.
B Any appeal against the conduct or result of the election shall be notified to the Executive Council and Returning Officer within forty-eight hours of the announcement of the result.
C Any such appeal shall be in writing and shall state the grounds for the appeal.
D Any such appeal shall be accompanied by a deposit of fifty dollars to the Association.
E On receipt of the appeal the Executive Council shall appoint three independent arbitrators who shall be given full powers to investigate and decide the outcome of any appeal.
F The arbitrators shall set a time to meet to hear and review evidence and shall deliberate in private. If in their view the irregularity, failure or mistake affected the outcome of the election, they may declare it invalid.
G If the election is found to be valid then the deposit under clause (D) of this rule shall be forfeited to the Association unless the arbitrators recommend otherwise.
H If the election is held invalid a written notice to this affect must be presented to the Executive Council, who shall take immediate steps to hold a fresh election.
I The arbitrators' decision shall be final and there shall be no appeal from their decision.
17. General
The Returning Officer subject only to the appeal provision of these regulations shall decide all matters relating to the conduct of an election not dealt with in the preceding regulations.
