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Monash University Calendar
Statutes
Chapter 9 - Elections
Statute 9.1 - Election procedure
Part A - General
1. Application
Except where otherwise expressly provided, this
statute applies to and in relation to all elections held under the
Act or any statute or regulation.
2. Election eligibility
2.1 To be eligible for election as -
2.1.1 a member of the academic or other staff, other than a professor,
a person must hold either a full-time appointment or a fractional
appointment of not less than 0.4 and must have held that appointment
for a period of more than six months;
2.1.2 a professor, a person must be a professor of the university
other than a non-teaching professor, an associate professor, a
clinical associate professor, an emeritus professor, a visiting
professor, an honorary professor or an adjunct professor;
2.1.3 a graduate student, a student must be attending the university
solely or primarily as a graduate student rather than as employee
of the university;
2.1.4 an undergraduate or diploma student, a student must -
2.1.4.1 have been enrolled at the university as a candidate for
a degree or diploma for at least one year and in the case of an
undergraduate student, be enrolled for a second or later year subject;
and
2.1.4.2 be attending the university solely or primarily as an undergraduate
or diploma student rather than as an employee of the university.
2.2 In paragraph 2.1.3 'graduate student' includes a graduate or
postgraduate diploma student.
3. Returning officer
3.1 The manager, university secretariat is the returning officer
for the purposes of this statute.
3.2 The returning officer may appoint at each campus an assistant
returning officer who shall have such powers and duties of the
returning officer as the returning officer from time to time specifies.
4. Roll of electors
4.1 The returning officer must keep a roll of electors -
4.1.1 showing, in alphabetical order, the name and address of each
elector; and
4.1.2 divided into classes appropriate to each elector's qualification
to vote.
4.2 For the purpose of any particular election, the roll of electors
shall be the roll as it stands on the day notice of the election
is first exhibited.
5. Notice of election
5.1 Where an election is to be held, the returning officer must
cause notice of the election to be exhibited on an official notice
board at each campus or at the campus concerned (as the case requires).
5.2 A notice of election must -
5.2.1 call for the nomination of candidates and state that nominations
must be lodged with the returning officer on or before noon on
a specified day, being not less than fourteen days after the notice
is first exhibited;
5.2.2 state that in the event of the number of nominations exceeding
the number of vacancies, an election will be held;
5.2.3 state that voting and other prescribed papers will be posted
to each elector by a specified date, being not more than twenty
eight days after the closing date for nominations; and
5.2.4 specify the date and time by which voting papers must be
received by the returning officer, the date being not less than
fourteen or more than thirty five days after the specified posting
date for voting and other prescribed papers.
6. Nomination of candidates
6.1 The nomination of a candidate must -
6.1.1 be by two persons qualified to vote in the particular election;
6.1.2 specify the election for which the candidate is nominated;
6.1.3 set out, respectively, the relevant qualifications of the
candidate and nominators; and
6.1.4 contain the written consent of the candidate.
6.2 Each candidate may supply with his or her nomination a statement
of not more than 250 words in support of the nomination.
6.3 The returning officer may, insofar as he or she thinks necessary,
before publication, edit any statement in support of a nomination.
6.4 A candidate may withdraw his or her nomination by notice in
writing signed by the candidate and each of the nominators and
lodged with the returning officer not more than two days, excluding
Saturdays, Sundays and university holidays, after the close of
nominations.
7. Where nominated candidates to be declared elected
Where the number of nominations does not exceed the number of
positions to be filled, the returning officer must declare the
nominated candidate or candidates duly elected.
8. Voting and prescribed
papers
8.1 The returning officer must post voting and prescribed papers
to each elector not later than the date specified in the notice
of election.
8.2 A voting paper must -
8.2.1 contain the names of all nominated candidates arranged in
random order by the returning officer by lot, with a rectangle
printed opposite and to the left of each name;
8.2.2 contain the names of retiring candidates marked with an asterisk;
8.2.3 specify the method by which voters must signify their votes;
and
8.2.4 be initialled by the returning officer.
8.3 The prescribed papers to be posted with a voting paper are
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8.3.1 a voter's declaration form providing for the full name and
signature of the voter and particulars of eligibility to vote;
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8.3.2 a copy of the statement, if any, provided by each candidate
under subsection 6.2, subject to any editing by the returning officer;
8.3.3 two envelopes, one marked 'Voting Paper' and the other addressed
to 'Returning Officer, Monash University', followed by the postal
address of a campus;
8.3.4 directions for the completion and return of the voting paper
and voter's declaration form; and
8.3.5 notice of the time and date by which the completed papers
must be received by the returning officer.
9. Post requirements
9.1 Voting and prescribed papers to be posted to an elector must
- 9.1.1 in the case of an elector who according to the roll of
electors is an employee of the university, be sent to the elector's
university address, through the internal mail system of the university;
and
9.1.2 in every other case, be sent by prepaid mail to the elector's
address shown in the roll of electors.
9.2 An election is not invalid by reason only of an omission to
post a voting or prescribed paper to any person.
10. Duplicate papers
Where the returning officer receives a signed application from
an elector for the issue of duplicate voting and prescribed papers
and is satisfied, upon such evidence as the officer may require,
that the original papers have been lost or destroyed or are unlikely
to be received by the elector, the returning officer may issue
duplicate papers to the elector.
11. Acceptance/rejection of voting
papers
11.1 The returning officer may take into account for the purposes
of a poll only voting papers -
11.1.1 received by the date and time specified in the notice of
election; and
11.1.2 accompanied by a declaration duly completed to the satisfaction
of the returning officer.
11.2 The returning officer may reject any voting paper or voter's
declaration form in respect of which the officer is not satisfied
that the requirements of this statute have been complied with.
12. Ascertainment of poll results
12.1 The result of a poll must be ascertained in accordance with
this section.
12.2 In this section -
'absolute majority' in relation to a count of votes means a number
greater than one half of the total number of votes counted; and
'the next succeeding preference' in any count means the preference
which is marked on a voting paper and is next in order of the voter's
preference after any prior preference or preferences given by the
voter to an already elected or excluded candidate, but where there
is any repetition of a figure or any break in the consecutive number
of the preferences marked by a voter on a voting paper only the
preference or preferences preceding such repetition or break may
be taken into account.
12.3 At an election where only one member
is to be elected and there are only two candidates, the candidate
who has received the greatest number of first preference votes
shall be declared, by the returning officer, duly elected.
12.4 At an election where only one member is to be elected and
there are more than two candidates -
12.4.1 the candidate who has received the greatest number of first
preference votes, if that number constitutes an absolute majority
of votes, shall be declared, by the returning officer, duly elected;
or
12.4.2 where no candidate has an absolute majority of votes, the
returning officer must -
12.4.2.1 declare the candidate who has received the fewest first
preference votes a defeated candidate;
12.4.2.2 distribute the voting papers counted to the defeated candidate
amongst the remaining candidates in order of the voters' preferences;
12.4.3 the candidate who then has the greatest number of votes,
if such number constitutes an absolute majority, shall be declared,
by the returning officer, duly elected; and
12.4.4 where no candidate then has an absolute majority of votes
the process of declaring the candidate who has the fewest votes
a defeated candidate and the consequent distribution of the voting
papers amongst remaining candidates shall be repeated and the votes
shall be counted after every such redistribution until one candidate
has received an absolute majority of votes and that candidate shall
be declared, by the returning officer, duly elected.
12.5 At any election where two or more members are to be elected
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12.5.1 the returning officer must first determine the quota by
counting all voting papers and dividing the number of first preference
votes by one more than the number of candidates to be elected and
by increasing the quotient so obtained (disregarding any remainder)
by one;
12.5.2 the returning officer must then count all first preference
votes given for each candidate and any candidate who has received
a number of first preference votes equal to or greater than the
quota shall be declared elected;
12.5.3 where one or more candidates so elected has or have received
a number of votes in excess of the quota, a number of votes equal
to the surplus shall be transferred to the remaining candidates
as follows -
12.5.3.1 the returning officer must sort the voting papers of the
first elected candidate or candidates into parcels according to
each voter's preference, to determine the proportion in which the
surplus votes are to be transferred;
12.5.3.2 the surplus votes must then be transferred, in their correct
proportion, to the continuing candidates and the remainder, that
is the number of ballot papers of the elected candidate equal to
the quota, shall be set aside as finally dealt with;
12.5.3.3 after the surplus votes have been distributed, any candidate
who has reached the quota must be declared elected and the candidate's
surplus votes, that is the proportion received from the previously
elected candidate over and above the number required to reach the
quota, must be distributed in the correct proportion to the continuing
candidates in order of the voters' preferences.
12.5.3.4 if, after the distribution of the surplus votes of all
elected candidates, fewer candidates than the number of vacancies
have been elected, the candidate with the least number of votes
in the count must be declared excluded and that candidate's voting
papers must be transferred, in accordance with the next preference
thereon, to the continuing candidates;
12.5.3.5 if no candidate is then elected or if fewer than the required
number have been elected, the process of excluding candidates must
continue until a further candidate is elected, in which case (unless
all vacancies have at that time been filled) the surplus votes
of the elected candidate shall be transferred, in the correct proportion,
to the continuing candidates; and
12.5.3.6 where necessary, the process of excluding candidates one
by one must be continued until all vacancies are filled.
12.6 Where on any count -
12.6.1 two or more candidates have an equal number of votes, the
returning officer must decide by lot which candidate is elected;
or
12.6.2 the voting papers counted to a candidate already elected
or excluded have to be distributed amongst the continuing candidates
and any such voting paper does not indicate the voter's next succeeding
preference for a continuing candidate, such voting paper must be
deemed exhausted;
12.7 As an alternative to the manual procedure for counting set
out in this section, the returning officer may use a computer to
count the votes so long as the computer is programmed in accordance
with the principles for counting votes set out in this section.
13. No disclosure of voting particulars
The returning officer must not in any way disclose any voting
particulars in relation to a voter.
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Part B - Student elections
14. In this part 'student election' means an election in respect
of which the eligible electors are students only.
15. Notice of
election
15.1 The notice of election required to be exhibited under subsection
5.1 must, in the case of a student election, -
15.1.1 call for the nomination of candidates and state that nominations
must be lodged with the returning officer on or before noon on
a specified day, being not less than fourteen days after the notice
is first exhibited;
15.1.2 state that, in the event of the number of nominations exceeding
the number of vacancies to be filled, an election will be held
over four specified consecutive days, commencing on a Monday during
a semester being not less than twenty eight days after the election
notice is first exhibited; and
15.1.3 state that voting will be by secret ballot at the locations
and during the hours specified.
15.2 For the purposes of paragraph 15.1.3, election polling places
must be located at each campus and must be open between the hours
of 10 am and 8 pm on Monday, 10 am and 4 pm on Tuesday and Wednesday,
and 10 am and 8 pm on Thursday.
16. Nominations of candidates
The nomination of a candidate in a student election must be made
by 20 persons qualified to vote.
17. Voting and prescribed papers
17.1 In the case of a student election, voting and prescribed
papers, instead of being posted, must be handed to each elector
attending to vote in the election.
17.2 The prescribed papers to be handed to a student elector are
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17.2.1 a voter's declaration form as provided for in paragraph
8.3.1;
17.2.2 a copy of the statement (if any) supplied by each candidate
under subsection 6.2, subject to any editing by the returning officer;
and
17.2.3 directions for the completion and disposal of the voting
paper and voter's declaration form.
18. Application for postal
vote
18.1 Where a student eligible to vote at a student election is
unable to attend the university to do so, the student may apply
in writing to the returning officer for a postal vote.
18.2 An application under subsection 18.1 must reach the returning
officer not less than seven days before the first voting day for
the election.
18.3 Upon receipt of an application under subsection 18.1 the returning
officer, at his discretion, may issue voting and prescribed papers
to the student.
18.4 For the purposes of subsection 18.3 'prescribed papers' include
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18.4.1 the two envelopes and directions prescribed by paragraphs
8.3.3 and 8.3.4; and
18.4.2 notice of the time and date by which the completed voting
paper and declaration form must be received by the returning officer,
being not later than 8 pm on the last day of the election.
19.
Power to declare election void
Where, in relation to a student election, the returning officer
is not satisfied that the requirements of this statute have been
complied with, the returning officer must declare the election
void; and in this event a casual vacancy is deemed to have occurred.
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Statute 9.2 - Election of members of the Council
1.Application
1.1 This statute applies to the election of staff and students
to the Council for the purposes of paragraphs 7 (1) (d) and 7 (1)
(e) of the Act.
1.2 In this statute -
'academic staff' means teaching staff or research-only staff; and
'professor' does not include a professor who is an ex-officio member
of the Council by virtue of the Act.
2. Staff members
For the purposes of paragraph 7 (1) (d) of the Act, the three
staff members of the council must be elected as follows -
2.1.1 one by and from the professors;
2.1.2 one by and from the academic staff other than the professors;
and
2.1.3 one by and from the staff other than the academic staff or
the professors.
3. Student members
3.1 For the purposes of the paragraph 7 (1) (e) of the Act, the
two student members of the council must be elected as follows -
3.1.1 one by and from the graduate students; and
3.1.2 one by and from the undergraduate and diploma students.
3.2 In paragraph 3.1.1 'graduate student' includes a graduate or
postgraduate diploma student.
Statute 9.3 - Election of members
of the Academic Board
Statute 9.3 - Election of members of the Academic Board was
repealed by subsection 1.1 of Statute 2.2 - The Academic Board
(Substitution) statute with effect from 25th November
1998.
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