Queensland University of Technology (Conduct of Elections for elected members of Council) Statute 2003

[as in force from 8 August 2008]

Table of Provisions

Section

1. Short title

2. Definitions

3. Application

4. Procedures determined by council

5. Returning officer

6. Timing of electoral process

7. Electoral rolls

8. Notice of election

9. Nominations

10. Returning officer to determine whether ballot required

11. Voting period

12. Notice of ballot to electors

13. Ballot paper

14. Appointment of scrutineers

15. Scrutiny of ballot papers

16. Counting votes

17. Declaration of result of election

18. Election not invalidated

19. Repeal of Conduct of Ballots for Council Statute 1999

1. Short title

This university statute may be cited as the Queensland University of Technology (Conduct of Elections for Elected Members of Council) Statute 2003.

2. Definitions

In this statute -

" ballot " includes a ballot conducted using electronic methods of voting and counting.

" ballot paper " includes a ballot paper produced in electronic form.

" first day of voting " means the day and time set for the opening of the ballot determined in accordance with section 11.

" last day of voting " means the day and time set for the close of the ballot determined in accordance with section 11.

" mailing address " includes an electronic mail address.

" nomination date " means the last day for receiving nominations for an election in accordance with section 9(5), and the time set for the close of nominations on that day.

" registrar " means the university's chief administrative officer.

“ the Act ” means the Queensland University of Technology Act 1998.

3. Application

(1) This statute applies to elections for the elected members of Council specified in section 15 of the Queensland University of Technology Act 1998.

(2) This university statute does not apply when council appoints a candidate to a casual vacancy in accordance with section 20A(2) of the Act.

4. Procedures determined by council

Subject to the Act and this statute, council prescribes, for each category of electors, the following matters -

1. the method of publishing a notice of election;
2. the requirements for forwarding the ballot paper to electors;
3. the procedures for the return of the ballot paper by electors;
4. the requirements for provision of supporting statements by candidates;
5. the procedures for verifying that votes are cast only by those electors entitled to vote in the category;
6. the procedures for ensuring that the ballot is secret;
7. the procedures for publishing the election result;
8. any additional procedures for undertaking ballots by electronic means.

5. Returning officer

(1) The returning officer for elections is the registrar.

(2) The registrar may delegate the functions of returning officer to another officer of the university, provided that person is not a candidate in any category.

6. Timing of electoral process

Where an election is required because the term of office of an elected member is due to expire, the election must be completed prior to the expiry of the term.

7. Electoral rolls

(1) An electoral roll must be maintained for each category of electors specified in section 15(3) of the Act.

(2) The roll contains the following information about each elector in the category -

1. full name;
2. a current mailing address.

(3) In the case of QUT Alumni, the roll must be maintained in accordance with section 5 of Queensland University of Technology (QUT Alumni) Statute 2008.

(4) The roll closes on the nomination date.

(5) Between the nomination date and the first day of voting, the returning officer may -

1. alter the information on the roll to correct an error; and
2. add the name of any person to the roll, provided that the person was qualified to vote in the category on the nomination date.

8. Notice of election

(1) The returning officer must publish a notice of election.

(2) The notice of election must -

1. identify the category in which an election is required; and
2. specify the term of office for an elected member in the category; and
3. call for nominations and specify the procedure for nominating candidates; and
4. specify the nomination date; and
5. specify, in case a ballot is required, the first day of voting and the last day of voting.

9. Nominations

(1) To be a candidate for an election, a person must be -

1. eligible to vote in the category; and
2. nominated under this section.

(2) The nomination must be submitted to the returning officer in the prescribed form.

(3) The nomination form must be signed by -

1. the candidate; and
2. the nominator, who must be a person eligible to vote in the same category of electors.

(4) The returning officer must reject a nomination in the following circumstances -

1. where the nomination results in the total number of candidates nominated by an individual nominator exceeding the number of positions to be filled in that category;
2. the candidate is ineligible for membership under section 23 of the Act, and the council has not exercised its discretion under section 26 of the Act;
   
3. in the case of a candidate for election in the QUT Alumni category, the candidate is eligible for membership under another category specified in section 15(2) of the Act.

(5) The nomination date must be set on the following conditions -

1. the date must be a minimum of -
   1. 7 days from the date of the notice of election, in the case of an election using electronic methods of voting and counting; or
   2. a minimum of 14 days from the date of the notice of election, in all other elections;
2. for all elections, the date must be a maximum of 28 days from the date of the notice of election.

10. Returning officer to determine whether ballot required

(1) If, after the close of nominations, the number of candidates does not exceed the number of positions to be filled, the returning officer may declare the election in accordance with section 17 without conducting a ballot.

(2) 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 in accordance with this statute.

11. Voting period

Where a ballot is conducted, the period from the first day of voting to the last day of voting must meet the following conditions -

1. the period must be a minimum of -
   1. 7 days, in the case of a ballot using electronic means of voting and counting; or
   2. 14 days, in the case of any other ballot;
2. for all ballots, the period must be a maximum of 28 days.

12. Notice of ballot to electors

(1) The returning officer must provide to each elector, at the elector's last known mailing address -

1. a notice of ballot;
2. a ballot paper;
3. any other documents specified by council under section 4;
4. the supporting statements provided by candidates.

(2) The notice of ballot must -

1. identify the category in which the election is required; and
2. specify the names of the candidates; and
3. specify the first day of voting and the last day of voting in that category; and
4. provide an explanation of how votes are to be cast; and
5. specify the method for lodging a ballot with the returning officer.

(3) The returning officer must send the documents specified in subsection (1) to electors within 14 days of the nomination date.

13. Ballot paper

The ballot paper must -

1. list the name of each candidate in an order drawn by lot conducted by the returning officer; and
2. be in a form enabling an elector to indicate the elector's preference for a candidate.

14. Appointment of scrutineers

(1) A candidate for election may appoint a scrutineer by written notification to the returning officer at least two days prior to the last day of voting.

(2) The scrutineer is entitled to be present when the returning officer fulfils the requirements of section 15 and 16 of this statute.

15. Scrutiny of ballot papers

(1) After the close of voting, the returning officer must follow any procedures specified by council for -

1. verifying that votes have been cast only by electors eligible to vote in the category; and
2. scrutinising the ballot papers to ensure that electors -
   1. have clearly indicated their preference for a candidate; and
   2. have not cast votes for more candidates than are to be elected in that category.

(2) The returning officer must eliminate from counting any ballot paper which does not substantially comply with the requirements specified in section 15(1).

16. Counting votes

(1) Votes are counted according to a first-past-the-post system.

(2) For this section, a "first-past-the-post system" means -

1. in case of a ballot to fill one vacancy, the candidate who receives the greatest number of votes is declared elected;
   
2. in the case of a ballot to fill two or more vacancies, the candidates who receives the greatest numbers of votes are declared elected until all vacancies are filled.

(3) Where there is an equality of votes in the only or last vacancy to be filled in the category, a candidate is excluded by lot drawn by the returning officer.

17. Declaration of result of election

The returning officer must declare the result of the election by -

1. giving notice in writing to the vice-chancellor of the elected candidates; and
2. publishing the result of the election in the manner prescribed by council.

18. Election not invalidated

An election is not invalidated by reason of the following -

1. an inadvertent failure to send a person qualified to vote any notice or ballot paper;
2. a procedural irregularity, provided that the irregularity is minor and does not prejudice the fairness of the election process.

19. Repeal of Conduct of Ballots for Council Statute 1999

Queensland University of Technology Statute No. 5 (Conduct of Ballots for Council) 1999 is repealed.

ENDNOTES

1 Date to which amendments incorporated

This statute contains all amendments that have commenced operation on or before 8 August 2008.

2 List of legislation

Queensland University of Technology Statute No 5 (Conduct of Elections for elected members of Council) 2003

made by QUT Council 4 June 2003
gazetted 18 July 2003
laid before Legislative Assembly 19 August 2003
commenced on date of gazettal
expires 1 September 2013 (see SIA s 54)

Queensland University of Technology (Conduct of Elections for elected members of Council) Amendment Statute 2008

made by QUT Council 25 June 2008
gazetted 8 August 2008
laid before Legislative Assembly 26 August 2008
commenced on date of gazettal

3 List of annotations

s 1 short title amd 2008 amendment statute, s 3
s 2 ins definition “the Act” 2008 amendment statute, s 4
s 3 amd 2008 amendment statute, s 5
s 7 amd 2008 amendment statute, s 6
s 9 amd 2008 amendment statute, s 7
s 15 amd 2008 amendment statute, s 8

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