New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 4)
In this Schedule:
"posting" includes posting by electronic means.
(1) An election is to be conducted by the Registrar, who is to be the returning officer.
(2) Subject to this Schedule, an election is to be conducted in such manner as the Registrar may determine.
In the conduct of an election, the Registrar must allow the following intervals between the events set out:
(a) between the date of posting, delivery, publication or other display (as the case may be) of the notice of election and the date and time for close of nominations, not less than 14 and not more than 28 days,
(b) between the date and time for close of nominations and the posting or delivery of voting forms, not more than 28 days,
(c) between the posting or delivery of voting forms and the date and time by which completed voting forms must reach the Registrar, not less than 14 and not more than 60 days.
(1) The Registrar is to give notice of an election:(a) in the case of an election of an academic staff member of the Council or a non-academic staff member of the Council, by posting or delivering the notice to the last known email or postal address of each person then entitled to vote at the election, and(b) in the case of an election of a student member of the Council:(i) by publishing the notice on the Internet by means of the website of the University or on a notice-board at the University, and(ii) by publishing the notice twice in a daily newspaper circulating within Sydney and elsewhere in the State, and(iii) by posting or delivering the notice to the last known email or postal address of each off-campus student entitled to vote at the election.
(2) The notice of election must:(a) state the number of persons to be elected and the qualifications for candidature, and(b) invite nominations of candidates for election and specify the form in which nominations are to be made, and(c) specify the date and time by which nominations must reach the Registrar.
(1) A separate nomination form must be completed for each candidate.
(2) A nomination form:(a) is to be signed by 2 persons qualified to vote at the election concerned, one of whom is the proposer and one of whom is the seconder, and(b) must be endorsed with, or accompanied by, the written consent of the candidate to his or her nomination.
(3) If, at the close of nominations, the number of persons duly nominated does not exceed the number of persons to be elected, the Registrar must declare the persons so nominated to be elected.
(4) If, at the close of nominations, the number of nominations received by the Registrar is greater than the number of persons to be elected, the Registrar must proceed to an election as provided for in this By-law.
(1) Each voting form is to contain the names of candidates arranged in the order in which those names are drawn by lot by the Registrar.
(2) Each candidate is entitled to nominate one scrutineer to represent the candidate at the draw.
(3) If a voting form has been lost or destroyed, a duplicate is to be supplied on written application to the Registrar.
(1) Each voting form is to be accompanied by the following:(a) a notice that specifies:(i) the manner in which the voting form is to be completed and submitted to the Registrar, and(ii) the date and the time by which the completed voting form must reach the Registrar,(b) if a candidate has, not later than 3 days after the close of nominations or such later time as the Registrar may permit in respect of the candidate, supplied to the Registrar a statement, not exceeding 150 words, relating to his or her candidacy, a copy of that statement,(c) a statement showing the name of each candidate’s proposer and seconder,(d) a form of declaration, or other means of verification, of identity and entitlement to vote,(e) (except if the election is to be conducted by electronic means) 2 envelopes, one marked “Voting form” and the other addressed to the Registrar.
(2) The voting form, and the notice and statements referred to in subclause (1), may comprise one or more documents.
(1) The voter is to mark his or her vote on the voting form by inserting the figure “1” opposite the name of the candidate to whom the voter wishes to give his or her first preference.
(2) If the voter wishes to show his or her order of preference for any or all of the remaining candidates, the voter may do so by inserting the figures “2”, “3”, “4” and so on, as the case requires, opposite the names of any of the remaining candidates so as to indicate by numerical sequence the order of his or her preference for the candidates.
(3) The voter must then:(a) in the case of an election conducted by electronic means, submit his or her voting form to the Registrar, or(b) in any other case:(i) place the completed voting form in the envelope marked “Voting form”, and(ii) place that envelope and the signed declaration of identity and entitlement to vote in the envelope addressed to the Registrar, and(iii) send or deliver the envelopes to the Registrar before the close of the poll.
(1) After the poll is closed, the Registrar or the Registrar’s deputy must:(a) in the case of an election conducted by electronic means, access the submitted voting forms and ascertain the result of the election, or(b) in any other case:(i) open the outer envelope addressed to the Registrar, and(ii) if the declaration is duly signed by a qualified voter, ensure the envelope containing the voting form is placed and mixed with other similar envelopes, and(iii) open the envelopes containing the voting forms and ascertain the result of the election.
(2) No voting form is to be accepted unless it is received by the Registrar before the close of the poll.
(3) The Registrar is to decide whether any voting form is to be accepted or rejected.
(4) Each candidate is entitled to nominate one scrutineer to monitor the process for the counting of votes.
(5) Neither the Registrar nor anyone acting as the Registrar's deputy nor any scrutineer may in any way disclose or aid in disclosing in what manner any voter has voted.
(6) Despite any other provision in this By-law, and to the extent to which it is possible, at least one of the academic staff members of the Council must have professorial rank.
(7) The result of an election is to be determined in accordance with the procedures set out in the publication entitled Proportional Representation Manual: Rules for Conducting Elections by the Quota-Preferential Method (3rd edition) published by the Proportional Representation Society of Australia, a copy of which is available in the office of the Registrar.
(8) The Registrar may make use of data processing equipment for the whole or any part of the procedures referred to in subclause (6).
(9) Subject to this By-law (and without affecting the generality of clause 2 (2) of this Schedule), the Registrar may make such determination as the Registrar thinks necessary to produce a final result in an election or any matter incidental to an election and any such determination is final.