Policy Corporate Governance Conduct of Council Elections Policy
Conduct of Council Elections Policy
- Aboriginals and Torres Strait Islanders in Marine Science
- Courses
- Future Students
- Current Students
- Research and Teaching
- Partners and Community
- About JCU
- Reputation and Experience
- Celebrating 50 Years
- Academy
- Anthropological Laboratory for Tropical Audiovisual Research (ALTAR)
- Anton Breinl Research Centre
- Agriculture Technology and Adoption Centre (AgTAC)
- Living on Campus
- How to apply
- Advanced Analytical Centre
- Alumni
- AMHHEC
- JCU Aquaculture Solutions
- AusAsian Mental Health Research Group
- ARCSTA
- Area 61
- Association of Australian University Secretaries
- Australian Lions Stinger Research
- Australian Tropical Herbarium
- Australian Quantum & Classical Transport Physics Group
- Boating and Diving
- JCU-CSIRO Partnership
- Employability Edge
- Career Ready Plan
- Careers at JCU
- Careers and Employability
- Chancellery
- Centre for Tropical Bioinformatics and Molecular Biology
- CITBA
- CMT
- CASE
- College of Business, Law and Governance
- College of Healthcare Sciences
- College of Medicine and Dentistry
- College of Science and Engineering
- CPHMVS
- Centre for Disaster Solutions
- CSTFA
- Cyber Security Hub
- Cyclone Testing Station
- The Centre for Disaster Studies
- Daintree Rainforest Observatory
- Discover Nature at JCU
- Research Division
- Services and Resources Division
- Education Division
- Elite Athletes
- eResearch
- Environmental Research Complex [ERC]
- Estate
- Fletcherview
- Foundation for Australian Literary Studies
- Gender Equity Action and Research
- General Practice and Rural Medicine
- JC 'U' Orientation
- Give to JCU
- Governance
- Information for JCU Cairns Graduates
- Art of Academic Writing
- Art of Academic Editing
- Graduate Research School
- Graduation
- Indigenous Education and Research Centre
- Indigenous Engagement
- Indigenous Legal Needs Project
- Inherent Requirements
- IsoTropics Geochemistry Lab
- IT Services
- International Schools
- International Students
- Research and Innovation Services
- JCU Eduquarium
- JCU Events
- JCU Global Experience
- JCU Ideas Lab
- JCU Job Ready
- JCU Motorsports
- JCU Prizes
- JCU Sport
- JCU Turtle Health Research
- Language and Culture Research Centre
- CEE
- LearnJCU
- Library
- Mabo Decision: 30 years on
- MARF
- Marine Geophysics Laboratory
- New students
- Off-Campus Students
- Office of the Vice Chancellor and President
- Virtual Open Day
- Orpheus
- Outstanding Alumni
- Parents and Partners
- Pathways to university
- Planning for your future
- Placements
-
Policy
- Academic Governance
- Academic Management
- Engagement
-
Corporate Governance
- Academic Freedom and Freedom of Speech Policy
- Affiliation of a Residential College Policy
- Bullying, Discrimination, Harassment, and Sexual Misconduct Policy
- Business Continuity Policy
- Child Safety Policy
- Code of Conduct – University Council
- Compliance Policy
- Conduct of Council Elections Policy
- Conflicts of Interests Policy – University Council and its Committees
- Controlled and Non-Controlled Entities Policy
- Critical Incident Policy
- Data Governance Policy
- Distinguished Professor Policy
- Domestic and Family Violence Policy
- Emeritus Professor Policy
- Foreign Interference Policy
- General Practice Training Governance Policy
- Incident Management Policy
- Information Privacy Policy
- Legal Services Claims and Litigation Assistance Policy
- Organisational Structure Policy
- Records Management Policy
- Right to Information Policy
- Risk Management Policy
- Social Media Policy
- Staff Code of Conduct
- University Archives - Access
- University Seal Policy
- Visiting Speaker and Event Policy
- Policy Development and Review Policy
- Quality Enhancement Framework
- Reviews of Organisational Units and Thematic Areas - Policy and Procedures
-
Estate and Facility Management
- Advertising on Campus
- Alcohol Consumption on University Property
- Approval of Works to University Buildings and Site Infrastructure
- Authorised Use of University Facilities, Premises and/or Grounds for Non-core Purposes
- Environmental Policy
- High Voltage Access Policy
- Memorial Plaques
- Noise on University Sites
- Pets on Campus
- Real Estate Dealings Policy
- Security Policy
- Space Allocation and Management Policy
- Timetable and Class Registration Policy
- Tree Protection
- Vehicle Fleet Policy
- Weapons Policy
- Adaptive Workplace Policy
-
Financial Management
- Appendices
-
Assets (FMPM 200 - FMPM 399)
- FMPM 200 Overview - Assets & Cash Management
- FMPM 210 Cash
- FMPM 220 Policy - Bank Accounts
- FMPM 230 - Petty Cash Advances
- FMPM 300 Investments
- FMPM 320 Plant and Equipment
- Financial FMPM 322 - Acquisitions of Plant and Equipment
- FMPM 260 Other Advances
- FMPM 330 Non-Capital Assets
- FMPM 280 Official Stores
- FMPM 290 Prepayments
- FMPM 323 - Disposal of Property, Plant and Equipment Procedure
- FMPM 324 Stocktake
- FMPM 350 Intangible Assets
- FMPM 270-2 Accounts Receivable - Student Debtors - Penalties
- FMPM 240 Travel Advances (Students)
- FMPM 330 Non-Capital Assets
- FMPM 270-1 Accounts Receivable
- FMPM 250 - Policy Salary Advances
- Equity (FMPM 500 - FMPM 599)
- Expenses (FMPM 700 - FMPM799)
- Financial Management and Control (FMPM 800 - FMPM 899)
- Further Applications (FMPM 900 - FMPM 999)
- Introduction (FMPM 100 - FMPM 199)
- Liabilities (FMPM 400 - FMPM 499)
- Revenue (FMPM 600 - FMPM 699)
-
Human Resources
- Awards for Excellence Policy
- Bullying, Discrimination, Harassment, and Sexual Misconduct Policy
- Community and Indigenous Language Allowance
- Competency Pay for Tradespersons Policy
- Conflict of Interest Policy
- Early Retirement Policy
- Equal Employment Opportunity
- Honorary Appointments Policy
- Human Resources Policy Glossary
- Market Loading Policy
- Overpayment of Wages Policy
- Performance, Development and Recognition Policy
- Recruitment, Selection and Appointment Policy
- Relocation Assistance Policy
- Remote Working Policy
- Salary Packaging Program Policy
- Special Studies Program Policy
- Supported Wage System (SWS) Policy
- Mandatory Training Policy
- Digital Infrastructure
-
International and Admissions
- Attendance Monitoring Policy - English Language and Foundation Programs
- Enrolment Requirements for International Student Visa-Holders Policy
- Management of Off-Campus Operations, Ventures and Partnerships
- Transfer of International Student Visa Holders to Other Educational Institutions
- US Federal Student Aid-SAP & Return to Title IV Policy
- Admissions Policy
-
Learning and Teaching
- Blended Learning Policy
- Charter of Responsibilities for Academic Quality and Governance
- Coursework Academic Integrity Policy
- English Language and Numeracy Policy
- Graduate Attributes
- Graduate Certificate of Education (Academic Practice) Internal Sponsorship Policy
- Learning Teaching and Assessment Policy
- Policy Glossary
- Review of a Student’s Suitability to Continue a Course Involving Placement
- Student Digital Experience Policy
- Student Evaluation of Subjects and Teaching Policy
- Student Retention Policy
- Research Education
- Research Management
-
Student Matters
- Academic Progression Policy
- Administration of Commonwealth Scholarships Policy
- Attendance Monitoring Policy - English Language and Foundation Programs
- Award Finalisation and Graduation Policy
- Bullying, Discrimination, Harassment, and Sexual Misconduct Policy
- Copyright Policy and Procedure
- Coursework Enrolment Policy
- Coursework Scholarships, Grants and Prizes Policy
- Library Use Policy
- Student Code of Conduct
- Student Complaints Policy
- Student Disability Policy
- Student Fee Payments and Refunds Policy
- Student Review and Appeals Policy (effective from 01/01/2023)
- Student Special Circumstances Policy
- Transfer of International Student Visa Holders to Other Educational Institutions
- Student Results Policy
- Work Health and Safety
- Policy search
- PAHL
- Publications
- Professional Experience Placement
- Queensland Research Centre for Peripheral Vascular Disease
- Rapid Assessment Unit
- RDIM
- Researcher Development Portal
- Safety and Wellbeing
- Scholarships
- Contextual Science for Tropical Coastal Ecosystems
- Staff
- State of the Tropics
- Strategic Procurement
- Student Equity and Wellbeing
- Student profiles
- SWIRLnet
- TARL
- TESS
- TREAD
- TropEco for Staff and Students
- TQ Maths Hub
- TUDLab
- Unicare Centre and Unicampus Kids
- UAV
- VAVS Home
- Work Health and Safety
- WHOCC for Vector-borne & NTDs
- Media
- Copyright and Terms of Use
- Australian Institute of Tropical Health & Medicine
- Clinical Psychedelic Research Lab
Intent
The James Cook University Act 1997 (the Act), establishes a governing body, Council, with Membership Classes including the Elected Members class and prescribes that the Council must make a policy about the conduct of elections required under the Act.
The intent of this policy is to satisfy the requirements of the new Division 3C: Council Elections, within Part 2: The University and its Council, which was introduced into the Act on 13 October 2017 concurrently with the repeal of Statute No. 2 – Conduct of Council Elections. It is also aimed at ensuring the public accessibility of the election policy, the integrity and security of the voting system and the openness and transparency of the election process.
Scope
This policy applies to the conduct of elections required under sections 22F and 22O of the Act. It does not apply to appointments made by the Council to fill a casual vacancy in accordance with sub-section 22O(2), (4) or (6) of the Act.
The Elected Members consist of the following sub-classes:
(a) members of the academic staff of the University;
(b) members of the professional and technical staff of the University; and
(c) students;
Whilst this policy applies principally to the returning officer, it also provides guidance to those persons belonging to the sub-classes listed above as well as to those other officers of the University who are engaged in the election processes.
Definitions
Academic staff of the University - for the purposes of this policy, includes:
(a) the University’s teaching and research staff, other than research assistants (research workers); and
(b) staff of the University whose instrument of appointment states they are members of the academic staff; and excludes:
- those persons who are not on a current contract
- those persons who are on sick leave or suspended
- those persons who are not employed directly by the University (eg JCU Brisbane and JCU Singapore)
Ballot paper - includes a postal ballot paper and an electronic voting form.
Day - means a calendar day
Eligible elector - means the following persons in respect of each membership sub-class:
- academic staff
- professional and technical staff
- students
Eligible nominee - means the following persons in respect of each membership sub-class, as defined:
- academic staff
- professional and technical staff
- students
Mailing address - includes an electronic mailing address.
Policy means the University’s Conduct of Council Elections Policy which, for the purposes of complying with Section 26AA of the James Cook University Act 1997 shall include the provisions contained in the Conduct of Council Elections Procedure.
Procedure - means the University’s Conduct of Council Elections Procedure.
Professional and technical staff of the University - for the purposes of this policy, includes the staff of the University other than its academic staff.
Returning officer - means the Secretary to Council.
Scrutineers - mean the persons appointed by the Chancellor to oversee the conduct of the secret ballot and to certify the results of an election
Students - mean, for the purposes of this policy, those persons who are currently admitted in a course of study offered through JCU Australia (excluding JCU Singapore and JCU Brisbane) and have not been declared “absent without leave” nor granted a “leave of absence” and whose admission for that course has neither lapsed, nor been cancelled, nor subject to a deferral.
The Act - means the James Cook University Act 1997.
The University - means the James Cook University.
Policy
- Conduct of election
- All elections to which this policy applies must be conducted by the returning officer.
- In the conduct of an election, the returning officer must have regard to the Act and provisions within this Policy and the Conduct of Council Elections – Procedure.
- Subject to the Act and this policy, the returning officer’s decision on all matters affecting an election will be final.
- Mode of election
- The returning officer must determine the manner in which an election is to be conducted.
- Elections must be held by postal ballot or by electronic ballot.
- At each election the voting must be conducted by secret ballot.
- Dates and times applying to elections
The returning officer must determine the date and time or period over which an election is held, the day by which nominations must be made, and the day by which the results must be published in accordance with the provisions of the Conduct of Council Elections Procedure.
- Notice of election
The returning officer must publish a notice of election in accordance with the provisions of the Conduct of Council Elections Procedure.
- Nominations
Nominations of an eligible nominee must be made in accordance with the provisions of the Conduct of Council Elections Procedure.
- Determination of the requirement for a ballot
The returning officer, after determining the valid nominations, must take appropriate action to either:
- declare the nominated candidates duly elected without conducting a ballot; and/or
- notify the Minister of the failure to elect enough elected members; or
- conduct a ballot under the Policy and Procedure;
- Integrity and security of the voting system
The returning officer must establish and maintain an electoral roll in respect of each membership sub-class to ensure only persons who are eligible to vote may vote.
The voting system must ensure that:
- a person cannot vote more than once in an election;
- voting is done by secret ballot;
- a person is not improperly influenced in voting.
- Appointment of scrutineers (16)
Scrutineers must be appointed in accordance with the provisions of the Conduct of Council Elections Procedure.
- Procedure for voting
The procedure for voting must be made in accordance with the provisions of the Conduct of Council Elections Procedure.
- Confidentiality of votes cast
No person may disclose, or aid in disclosing, the voting preferences of an elector who has cast a vote.
- Declaration and publication of result of election
Following the determination of the result of the election, the returning officer must declare the result of the election in accordance with the provisions of the Conduct of Council Election Procedures.
- Election not invalidated
An election is not invalidated by reason of the following:
- an inadvertent failure to send an eligible elector any notice or ballot paper;
- a procedural irregularity, provided that the irregularity is minor and does not prejudice the fairness of the election process.
- Delegation of authority by returning officer
The returning officer may authorise an appropriately qualified person to carry out all or any of the administrative functions on behalf of the returning officer.
- Making and resolving complaints
All complaints shall be managed in accordance with the provisions of the Conduct of Council Elections Procedure.
Related policy instruments
Conduct of Council Elections Procedure
Schedules/Appendices
Nil
Related documents and legislation
James Cook University Act 1997
Administration
NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.
Approval Details
Policy Sponsor | Vice Chancellor |
Approval Authority | Council |
Date for next Major Review (in accordance with the Policy Handbook) | 07/12/2022 |
Revision History
Version | Approval date | Implementation date | Details | Author |
17-1 | 07/12/2017 | 06/02/2018 | Policy established | University Secretary |
Keywords | Election, Council Election |
Conduct person | University Secretary |