Policy Conduct of Council Election Procedure
Conduct of Council Election Procedure
- 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 procedure is to provide guidance to those members of staff responsible for the conduct of Council elections and to outline procedures to assist in the implementation of the provisions contained in the Conduct of Council Elections Policy and 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 procedure 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 procedure 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
See the Conduct of Council Elections Policy
Table of Contents
- Procedures determined by returning officer
- Dates and times applying to elections
- Electoral rolls
- Notice of election
- Nominations
- Determination of the requirement for a ballot
- Appointment of Scrutineers
- Determination of the order of candidates on ballot paper
- Voting procedure
- Scrutiny of ballot papers and recording of votes
- Determination of result of election
- Declaration and publication of result of election
- Retention and disposal of election records
- Making and Resolving Complaints
- Management of Changes to Procedure
Procedure
1. Procedures determined by returning officer
The returning officer must determine the procedures for each Council election required to be conducted under the Act, including the following matters -
- (a) the requirements for providing eligible electors with access to a ballot paper;
- (b) the procedures for the return of a postal ballot paper by eligible electors;
- (c) the requirements for the provision of supporting statements by candidates;
- (d) the procedures for verifying that votes are cast only by those electors eligible to vote in the relevant election;
- (e) the procedures for ensuring that the ballot is secret;
- (f) the procedures for publishing the election result;
- (g) any additional procedures for undertaking ballots by electronic means.
2. Dates and times applying to elections
1. When determining the dates and times applying to elections, the returning officer should give consideration to the following:
- (a) the manner in which the election is to be conducted; and
- (b) the availability of the various membership sub-class constituents to participate in the nomination and voting processes.
2. The returning officer must determine the:
- (a) date on, or period over, which an election is to be held; and
- (b) time and date at which a roll of electors is to be closed; and
- (c) time and date prescribed for the receipt of nominations; and
- (d) date prescribed for the issue of postal ballot papers or the activation of electronic voting; and
- (e) time and date prescribed for the receipt of postal ballot papers and electronic votes; and
- (f) date prescribed for the counting of votes; and
- (g) the date by which the results of an election must be published.
3. When determining the dates and times above, the returning officer must ensure that the period between:
- (a) the publication of the notice of election and the time; and
- (b) the date prescribed for the receipt of nominations, be not less than 14 and not more than 21 days.
4. When determining the dates and times above, the returning officer must ensure that the period between:
- (a) the date prescribed for the issue of ballot papers or the activation of electronic voting; and
- (b) the time and date by which ballot papers must reach the returning officer or the electronic votes must be submitted and received,
- (c) must be not less than 14 and not more than 21 days.
3. Electoral rolls
- The returning officer must prepare and maintain a roll of electors, for each Council election required to be conducted under the Act and which contains the full name and current mailing address for each of the persons who are:
- (a) members of the University’s academic staff;
- (b) members of the University’s professional and technical staff; and
- (c) students.
- The rolls must be kept in such form as the returning officer sees fit.
- The returning officer may approve additions to or deletions from a roll of electors if the returning officer deems that an elector has been inadvertently omitted from, or incorrectly included on, that roll.
4. Notice of election
1. The returning officer, in addition to publishing a notice of election on the University’s website, must communicate that notice through appropriate communication and social media platforms.
2. The notice of election must:
- (a) identify the membership class under section 22F(1) of the Act for which the election is being conducted; and
- (b) identify the election ballot under section 22F(1) of the Act for which the election is being conducted; and
- (c) identify the number of positions to be filled; and
- (d) specify the manner in which the election is to be conducted; and
- (e) specify the term of office for which the elected member is to be elected in accordance with section 22F(3) of the Act; and
- (f) call for nominations; and
- (g) specify the procedure for nominating candidates; and
- (h) specify the time and date prescribed for the receipt of nominations; and
- (i) specify, in case a ballot is required, the date on or period over which an election is to be held; and
- (j) be published on the University website.
5. Nominations
- Nominations of an eligible nominee must:
- (a) be made by a minimum of three persons listed on the relevant roll of electors; and
- (b) be endorsed with the written consent of the nominee; and
- (c) reach the returning officer by the time and date prescribed for the receipt of nominations.
- Each eligible nominee must have a separate nomination.
- After the time and date prescribed for the receipt of nominations, a nomination may only be withdrawn or accepted with the consent of the returning officer.
- An incomplete Nomination received prior to the time and date prescribed for the receipt of nominations will only be accepted where the outstanding requirements have been met and at the sole discretion of the returning officer.
6. Determination of the requirement for a ballot
1. The returning officer, after determining the valid nominations, must take appropriate action to either:
- (a) declare the nominated candidates duly elected without conducting a ballot; and/or
- (b) notify the Minister of the failure to elect enough elected members; or
- (c) conduct a ballot under the Policy and Procedure;
2. If, after the close of nominations, there are no nominations, the returning officer must notify the Minister of the failure to elect elected members, in order for the Minister to take action under section 22P of the Act.
3. If, after the close of nominations, the number of candidates is less than the number of positions to be filled, the returning officer:
- (a) may declare the nominated candidates duly elected in accordance with section 7 of the Policy without conducting a ballot; and
- (b) must notify the Minister of the failure to elect enough elected members, in order for the Minister to take action under section 22P of the Act.
4. If, after the close of nominations, the number of candidates equals the number of positions to be filled, the returning officer may declare the nominated candidates duly elected under section 7 of the Policy without conducting a ballot.
5. If, after the close of nominations, the number of candidates exceeds the number of positions to be filled, the returning officer must conduct a ballot under the Policy and this Procedure.
7. Appointment of scrutineers
For each election, the Chancellor must appoint two persons to be scrutineers.
8. Determination of the order of candidates on ballot paper
The ballot paper must –
(a) list the names of the candidates in an order drawn by lot conducted by the returning officer; and
(b) be in a form which enables an elector to indicate the elector’s preference for a candidate.
9. Voting Procedure
1. If the returning officer determines that a ballot is required then a Notice of Ballot, Ballot Paper, information about the manner in which a vote must be submitted and other appropriate information must be provided by the returning officer in accordance with the provisions of this Procedure.
2. In relation to the conduct of an electronic ballot, on the date prescribed for the activation of electronic voting, the returning officer must provide to each eligible elector a notice of ballot, via either an electronic mailing address recorded in the electoral roll or by a published notice on the University’s website, stating:
- (a) the number of candidates to be elected; and
- (b) the names of the candidates and biographical details, not exceeding one hundred words in length, where supplied by the candidate; and
- (c) the manner in which the elector must vote; and
- (d) the time and date prescribed for the receipt of electronic votes ; and
- (e) access to an electronic voting form; and
- (f) information about the manner in which a valid electronic vote may be submitted; and
- (g) such other information as the returning officer deems appropriate.
3. In relation to the conduct of a postal ballot, on the date prescribed for the activation of postal voting, the returning officer must provide to each eligible elector a notice of ballot, via the elector’s last known mailing address recorded in the electoral roll, which may be printed on the postal ballot paper, stating:
- (a) the number of candidates to be elected; and
- (b) the names of the candidates and biographical details, not exceeding one hundred words in length, where supplied by the candidate; and
- (c) the manner in which the elector must vote; and
- (d) the time and date prescribed for the receipt of postal votes ; and
- (e) a ballot paper, sent to the elector’s last known mailing address recorded in the electoral roll; and
- (f) a declaration containing a space for the elector’s name, address and signature; and
- (g) a replacement ballot paper where an eligible elector claims, by statutory declaration, that they have not received a ballot paper or that the ballot paper has been lost, destroyed or defaced; and
- (h) information about the manner in which a valid postal vote may be submitted; and
- (i) such other information as the returning officer deems appropriate.
4. Where a Postal Ballot is being conducted, the returning officer may re-issue a ballot paper to an eligible elector who claims, by statutory declaration, that they have not received a ballot paper or that the ballot paper received has been lost, destroyed or defaced.
5. No further ballot paper may be re-issued to an elector to whom a ballot paper has previously been re-issued.
10. Scrutiny of ballot papers and recording of votes
1. For a postal ballot, on the day prescribed for the counting of votes and in the presence of the scrutineers, the returning officer must examine the ballot papers and record the number of votes cast for each candidate.
2. For an electronic ballot, on the day prescribed for the recording of votes stored electronically and in the presence of the scrutineers, the returning officer must examine summary reports of the votes cast and record the total number of votes cast for each candidate.
3. For a postal ballot, a ballot paper or the votes recorded on it, may be rejected as informal by the returning officer where:
- (a) the completed ballot paper is not sealed in the envelope provided; or
- (b) the envelope provided contains material other than, or in addition to, the ballot paper; or
- (c) the ballot paper is not received by the returning officer by the time and date prescribed for the receipt of postal ballot papers and electronic votes; or
- (d) the name appearing on the declaration does not appear on the roll of eligible electors; or
- (e) the ballot paper contains any means by which the name of the elector may be identified; or
- (f) the ballot paper contains votes for more candidates than the number of positions to be filled; or
- (g) the ballot paper does not clearly indicate at least one candidate for whom the elector desires to vote; or
- (h) where, for any other reason, the returning officer, after consulting with the scrutineers, is satisfied that the vote is irregular and should be rejected.
4. A vote is not informal by reason of the fact that the ballot paper contains votes for fewer candidates than the number of positions to be filled.
5. If during the course of the conduct of one election (the first election), under the Policy and this Procedure, a candidate becomes elected to the Council because of the result of another Council election, that candidate is deemed to be no longer a candidate for the first election and any votes received or recorded for that candidate for the first election are to be disregarded.
6. The returning officer may request a re-count of the votes cast.
11. Determination of result of election
1. After the final recording of votes, the result of the election must be determined in accordance with this procedure.
2. Subject to step 4, where one member is to be elected, the candidate who received the greatest number of votes must be elected.
3. Subject to step 4, where two or more members are to be elected, the candidate who received the greatest number of votes and the candidate who received the next greatest number of votes must each be elected, and so on, until all of the available positions are filled.
4. Where an available position cannot be filled because equal numbers of votes have been cast for candidates for the position, the election of a candidate to the position must be decided by lot, conducted by the returning officer, in the presence of the scrutineers.
12. Declaration and publication of result of election
1. Following the determination of the result of the election, the returning officer must declare the result of the election by preparing a statement containing:
- (a) the names of the candidates; and
- (b) the number of votes received by each candidate; and
- (c) the basis on which any candidate was elected if other than by voting; and
- (d) the total number of votes cast and the number of ballot papers ruled informal; and
- (e) a declaration of the names of the candidates elected.
2. The statement must be signed by the returning officer and countersigned by the scrutineers.
3. The returning officer must forward a copy of the statement to the Chancellor, the Vice Chancellor, to each of the candidates in the election and to the Council for noting at its next scheduled meeting.
4. The returning officer must publish, by the day by which the results must be published (refer Clause 4(1)(g) a declaration of the result of the election in the same manner in which the original notice of election was published under Clause 5 of this Policy.
13. Retention and disposal of election records
After the declaration of the result of an election, the returning officer must hold the postal ballot papers, or electronic records of voting in the case of an electronic ballot, for the period of time required by the Public Records Act 2002, after which time the returning officer must destroy or delete the postal ballot papers or electronic records, as appropriate, unless otherwise directed by the Chancellor.
14. Making and Resolving Complaints
1. All complaints about the conduct of an election or objections against an election result must be submitted to the returning officer.
2. Objections against the result of any election must be made within twenty four (24) hours of the declaration of the election.
3. The returning officer shall consider and investigate any complaint or objection and may:
- (a) reject a complaint or objection;
- (b) order a new election in whole or in part;
- (c) take such other action as deemed appropriate in the circumstances.
4. The returning officer’s ruling shall be final and binding, subject only to review in a court of law with competent jurisdiction.
5. Complaints made about the Returning Officer shall be made to the Chancellor.
15. Management of Changes to Procedure
1. Section 26AA of the Act prescribes that the Policy established about the conduct of Council elections must include certain provisions and procedures. Management of the policy and procedure is in accordance with the University’s Policy and Delegations Framework as approved by Council.
2. Changes to the Conduct of Council Elections Procedure are approved by the Vice Chancellor as Policy Sponsor.
Related policy instruments
Conduct of Council Elections Policy
Schedules/Appendices
Nil
Administration
NOTE: Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.
Approval Details
Policy Domain | Corporate Governance |
Policy Sponsor | Vice Chancellor |
Approval Authority | Council |
Date for next Major Review | 20/02/2023 |
Revision History
Version | Approval date | Implementation date | Details | Author |
18-1 | 20/02/2018 | 21/02/2018 | Procedure established | University Secretary |
Keywords | Election, Council Election, Election Procedure |