(1) This Procedure is effective from 9 December 2020. (2) This Procedure is pursuant to Regulation 7.1(1) - Elections and Council Regulations. (3) This Procedure explains how the University conducts elections and sets down rules for proper conduct in campaigning. (4) This Procedure applies throughout the University to elections among staff and students to University bodies, including the University Council, Academic Board, Faculty Boards and the UniSuper Consultative Committee. It does not apply to elections for the Deakin University Student Association (DUSA) which has its own election procedure. (5) The University conducts elections with fairness and integrity and in accordance with the University’s values of being ethical and inclusive. High levels of participation and good election practices support the University’s inclusive culture and objective for diversity of membership on University bodies. (6) In accordance with Regulation 7.1(1) - Elections Returning Officers conduct elections for University bodies as delegates of the Vice-Chancellor as follows: (7) Returning Officers are responsible for: (8) When an election is to be held the Returning Officer must inform the relevant electorate by: (9) The Notice of election referred to at clause 8a must: (10) Elections will be conducted on the basis of candidates nominating themselves except for University Council elections where the Returning Officer may specify that nominations must be endorsed by one or more eligible voters. (11) Nominations which do not conform to the specified format or which are incomplete will not be accepted and the nominee will not be accepted as a candidate in the election. Where practicable the Returning Officer will advise nominees to provide any missing information prior to the close of nominations. (12) If the nominee is an eligible nominee the Returning Officer will advise the person that they are accepted as a candidate in the election as soon as practicable and no later than five working days after the close of nominations. (13) If the nominee is not an eligible nominee the Returning Officer will advise the person in writing of the reason for their ineligibility. Where practicable, the Returning Officer will provide this advice before the close of nominations so that, where there are applicable circumstances, the person has the opportunity to make an eligible nomination. (14) A nominee or candidate may withdraw their nomination up to the declaration of the result of the election. (15) A candidate must provide a statement for publication on the elections website in support of their candidacy up to a word limit specified in the Notice of election. (16) The Returning Officer may request a candidate to amend their statement if, in the opinion of the Returning Officer, it contains inappropriate content and may withhold that content from publication if the candidate refuses to amend the statement. (17) Statements in excess of the word limit specified in the Notice of election will be shortened by the Returning Officer prior to publication. (18) Within five working days of the end of the nominations period, the Returning Officer must publish a list of eligible nominations on the Elections websites. (19) Where the number of eligible nominations received is fewer or equal to the number of vacancies the Returning Officer must: (20) Where the number of nominations in any category exceeds the number of vacancies, the election will proceed to poll and the Returning Officer must inform the relevant electorate by: (21) The Declaration of nominations and notice of poll referred to at clause 20a must include: (22) The Returning Officer must publish the eligibility criteria for nomination and voting in the Notice of election. (23) Where no relevant eligibility criteria is set out in any relevant regulation, the following applies along with any criteria set out in the Notice of election: (24) The Returning Officer is responsible for advising the eligibility criteria for an election and requesting the relevant electorate list from the Human Resources Division for staff elections and the Division of Student Administration for student elections. (25) The Human Resources Division and Division of Student Administration are responsible for providing complete and accurate electorate lists of staff and students respectively. (26) The Returning Officer will make all Candidate Statements available to the electorate by: (27) Any campaigning activities by candidates must conform to the behaviours and principles set out in the Codes of Conduct for Staff and Students. (28) Candidates and their supporters must not: (29) Allegations that a candidate has engaged in improper campaigning will be investigated in accordance with the complaints process set out at clauses 42 to 48. (30) Voters cast votes through the University’s e-election system using the optional preferential system. (31) An eligible voter may vote once only in any poll and must not vote on behalf of another voter or allow another voter to vote on their behalf. (32) Voting is conducted confidentially so that the identity of individual voters and the casting of their votes will remain confidential. (33) The Returning Officer must oversee the counting of votes, which must occur within five working days of the close of the poll. (34) Votes are counted in accordance with the optional preferential system. A candidate is elected if they gain more than 50 per cent of the vote, as follows: (35) If, following the distribution of all preferences, the remaining two candidates have any equal number of votes, the Returning Officer will determine the wining candidate by a random selection process which favours no particular candidate. (36) The Returning Officer will inform each candidate of the result of the poll. (37) If requested by a candidate the Returning Officer will advise that candidate of: (38) The Returning Officer must publish a declaration of poll stating the name/s of the successful candidates within two working days after the counting of the votes. (39) Where there are insufficient candidates to fill the available positions the Returning Officer may extend the nomination period, make a second call for nominations or, where authorised by the applicable Regulation, fill the position by co-option in accordance with the Regulation. (40) The University is committed to diversity of membership on University bodies reflecting the diversity of the University community. (41) Consistent with this commitment: (42) Complaints about breaches of Regulation 7.1(1) – Elections or this Procedure should be lodged with the Returning Officer as soon as possible following the event occasioning the complaint. (43) In considering a complaint the Returning Officer must make a decision based on sound reasoning and relevant evidence and within a timeframe that is reasonable in the circumstances. The Returning Officer has the following powers for addressing complaints: (44) Where the Returning Officer disqualifies a candidate or candidates, the Returning Officer must decide whether to: (45) Before reaching a determination in accordance with clause 43d(iv) or clause 44 the Returning Officer must: (46) A declaration to invalidate an election must: (47) A decision of the Returning Officer arising from the investigation of a complaint is final. This does not preclude action under: (48) If a Returning Officer is the subject of a complaint, the complaint will be escalated to the following nominees of the Vice-Chancellor in accordance with Regulation 7.1(1) – Elections. (49) In the event of a procedural irregularity the Returning Officer must consider whether the result of the election would be affected and either: (50) In the event of a technical failure the Returning Officer may make reasonable adjustments to accommodate the failure, including but not limited to extending the closing time for nominations or voting. The application of reasonable adjustments does not affect the validity of an election. (51) The Returning Officer must ensure that records are made and maintained on: (52) For the purpose of this Procedure:Elections procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
Returning Officers
Notice of election
Nominations
Candidate statements
Declarations of nominations and Notice of poll
Eligible voters and nominees
Campaigning
Casting of votes
Counting of votes
Declaration of poll
Unfilled positions and co-opted members
Diversity in membership on University bodies
Complaints about the conduct of elections
Procedural irregularities and adjustments for technical issues
Record keeping
Top of PageSection 6 - Definitions
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Where applicable, students will be classified as undergraduate, postgraduate coursework or higher degree by research students in accordance with Regulation 5.2(2) - Higher Education Award Courses - General and students in combined courses will be eligible in each Faculty offering the course.