Northern Territory Repealed Regulations

This legislation has been repealed.

CHARLES DARWIN UNIVERSITY (ELECTION OF MEMBERS OF COUNCIL) BY-LAWS

NORTHERN TERRITORY OF AUSTRALIA

CHARLES DARWIN UNIVERSITY (ELECTION OF MEMBERS OF COUNCIL) BY-LAWS

As in force at 26 January 2005

TABLE OF PROVISIONS

By-law

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the By-laws as in force at 26 January 2005. Any amendments that may come into operation after that date are not included.

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CHARLES DARWIN UNIVERSITY (ELECTION OF MEMBERS OF COUNCIL) BY-LAWS

By-laws under the Charles Darwin University Act

1. Citation

These By-laws may be cited as the Charles Darwin University (Election of Members of Council) By-laws. (See back note 1)

1. Definitions

(1) In these By-laws:

(a) "election" means an election for the purposes of section 9(1)(e), (f), (g) and (h) of the Act;

(b) "election notice" means a notice given by the Vice-Chancellor under by-law 3;

(c) "elector" means a person who is entitled to vote in favour of a candidate for office in any election under these By-laws;

(d) "electoral roll" means a roll prepared by the Vice-Chancellor under by-law 4;

(e) "Returning Officer" means a person appointed by the
Vice-Chancellor under by-law 8(1) to act as the official in respect of any election under these By-laws and return the results of any election;

(f) "Schedule" means the schedule to these By-laws; and

(g) "scrutineer" means a person authorised to act as such under
by-law 12.

(2) A reference in these By-laws to the posting of a document includes (except in by-law 3) the transmission of a document to an address within the University by internal mail.

1. Calling Elections

(1) The Vice-Chancellor must call such elections as are required to give effect to the Act, by doing the following things on the same day:

(a) posting an election notice on the main notice board for the University in each campus as prescribed by the Charles Darwin University (Rules) By-laws; and

(b) publishing a copy of the election notice referred to in
by-law 3(1)(a) in a newspaper circulating in the Northern Territory.

(2) An election notice must:

(a) be posted and published in accordance with by-law 3(1) not later than the end of September immediately preceding the commencement of the term or terms of office of the person or persons to be elected; and

(b) as part of that notice, indicate the date on which it was posted in accordance with by-law 3(1)(a).

1. Electoral Rolls

(1) On calling an election or elections under by-law 3, the
Vice-Chancellor must prepare (for each election if more than one) a roll of the names and addresses of the persons entitled to vote at that election or those elections.

(2) For the purpose of by-law 4(1), the University must maintain and, subject to the University's obligations under the Privacy Act (Cth) and the Information Act (NT), make available to the Vice-Chancellor details of the names and addresses of all:

(a) members of the full-time academic staff of the University;

(b) undergraduate students and postgraduate students, as those terms are defined in the Charles Darwin University (Student of the University) By-laws.

(3) Each member of the full-time staff of the University and each undergraduate student and postgraduate student must notify the University of any change in the member's or the student's address within 14 days of any change in that address.

(4) The Vice-Chancellor must close the electoral roll or rolls at the time and date by which nominations must be lodged, as specified in the election notice, and must not subsequently alter a roll in any respect whatsoever except so far as may be necessary to correct an oversight or error.

(5) The Vice-Chancellor must ensure that, as soon as practicable after the closure of the electoral roll or rolls, copies of those rolls are made available for inspection in the library of each campus of the University.

1. Contents of Election Notice

An election notice must:

(a) state the number and description of persons to be elected at each election to which the notice relates, and the persons by whom they are to be elected;

(b) inform the electors that voting will be by post, and that ballot-papers will be sent only to those persons whose names appear on the relevant electoral roll, at the addresses which are recorded for those persons on the relevant electoral roll;

(c) specify the time and date when the relevant electoral roll or rolls will close under by-law 4(4), and invite persons eligible to vote to confirm before the closure that their names and addresses are correctly recorded in the relevant electoral roll or rolls;

(d) inform electors that the electoral roll or rolls will be available for inspection as required under by-law 4(5);

(e) set out the requirements of by-law 6(1) with respect to the nomination of candidates for election;

(f) prescribe a form of nomination; and

(g) specify the time and date by which nominations must be lodged with the Vice-Chancellor (being 4:00pm or such other time specified by the Vice-Chancellor on the date determined by the Vice-Chancellor, being a date that is not less than 14 days after the date of the election notice).

1. Nominations

(1) The nomination of a person as a candidate for election:

(a) must be in the form prescribed by the election notice, or a form to the like effect that is accepted by the Vice-Chancellor;

(b) must be signed by 2 persons each of whom is eligible to vote at the election for that candidate;

(c) must contain a consent to nomination signed by the person nominated; and

(d) must be lodged with the Vice-Chancellor before the time by which nominations must be lodged as specified in the election notice.

(2) A nomination:

(a) may be withdrawn by writing signed by the person nominated and lodged with the Vice-Chancellor before the time by which nominations must be lodged as specified in the election notice; and

(b) lapses if the person nominated ceases before that time to be eligible for election.

1. Contested and Uncontested Elections

(1) Where at the close of nominations for an election the number of candidates exceeds the number of members required to be elected at that election, the Vice-Chancellor must conduct a postal ballot in accordance with these
By-laws.

(2) Where at the close of nominations the number of candidates does not exceed the number of members required to be elected at that election, the Vice-Chancellor must declare the candidate or candidates to have been elected uncontested without conducting a ballot.

1. Assistance to Vice-Chancellor

The Vice-Chancellor may appoint:–

(1) a person other than a candidate to act as the Returning Officer and to exercise any of the Vice-Chancellor's powers and to carry out any part of the Vice-Chancellor's functions under these By-laws and any power or function exercised or performed by the Returning Officer is taken to have been exercised or performed by the Vice-Chancellor.

(2) any persons other than candidates as the Vice-Chancellor thinks fit to assist in the conduct of an election.

1. Dispatch of Ballot Papers etc. to Electors

(1) Where a ballot is to be conducted for the purpose of an election, the Vice-Chancellor must, as soon as practicable after close of nominations and not later than 21 days after the date on which the close of nominations occurs, post or otherwise deliver to each person whose name is on the electoral roll prepared for the election, at the address shown on the roll for that person:

(a) a ballot-paper in the form required by by-law 9(2);

(b) 2 envelopes as described in by-law 9(3);

(c) a notice in the form required by by-law 9(4); and

(d) where a candidate has by the close of nominations:

(i) supplied the Vice-Chancellor with an election statement not exceeding 200 words in electronic form or such other form that is accepted by the Vice-Chancellor; and

(ii) requested that a copy of that statement be sent to electors,

a copy of that statement.

(2) A ballot paper referred to in by-law 9(1)(a) must:

(a) be headed with a description of the election to which it relates;

(b) set out the names of the candidates in an order determined by the Vice-Chancellor by lot; and

(c) have printed against each name a box in which the elector may indicate the elector's preference.

(3) Of the envelopes referred to in by-law 9(1)(b):

(a) one must be marked with the words "Ballot-Paper", and words describing the election in connection with which it is issued; and

(b) the other must be a larger envelope, which is addressed to the Returning Officer and has printed on it such declaration as the Vice-Chancellor may require to identify it as containing the
ballot-paper of a person eligible to vote at the election.

(4) A notice under by-law 9(1)(c) must:

(a) set out the provisions as to voting contained in by-law 10;

(b) instruct the elector to complete the ballot-paper, place the completed ballot-paper in the envelope marked "Ballot-Paper", and to seal that envelope and return it to the Vice-Chancellor with the declaration on that envelope duly completed; and

(c) specify the time by which, in accordance with by-law 9(5), the completed ballot-paper must be received by the Vice-Chancellor.

(5) Completed ballot-papers relating to an election must be received by the Vice-Chancellor by a time determined by the Vice-Chancellor, being 4:00pm or such other time that is specified by the Vice-Chancellor on a day that is not less than 14 days after the date which, under by-law 9(1), is the last day for the posting or delivery of ballot-papers to electors.

(6) The Vice-Chancellor may issue a duplicate ballot-paper to a person who applies in writing if the Vice-Chancellor is satisfied:

(a) that the applicant has not received a ballot-paper sent to the applicant pursuant to by-law 9(1); or

(b) that a ballot-paper received by the applicant has been lost, destroyed or spoilt.

1. Voting

(1) A person voting at an election may vote for such number of candidates as the elector pleases.

(2) If an elector chooses to record a single vote, he or she must do so by writing the number "1" in the box of the ballot-paper opposite the name of the candidate of the elector's choice, and not marking any of the other boxes that are opposite the names of other candidates on that ballot-paper.

(3) If an elector chooses to record 2 or more votes, he or she must do so by writing the number "1" in the box opposite the name of the candidate who is the elector's first preference, and consecutively increasing numbers in each of the boxes opposite the names of other candidates in the order of the elector's preferences.

1. Sorting and Custody of Completed Papers Pending Count

(1) Envelopes for the return of ballot-papers supplied by the
Vice-Chancellor in accordance with by-law 9(3)(b) must, on receipt by the
Vice-Chancellor, be dealt with in accordance with by-law 11(2) or (3), as appropriate.

(2) If:

(a) the declaration on the envelope shows it to contain the ballot-paper of a person whose name is on the electoral roll for the election in question; and

(b) the envelope is received before the time by which completed
ballot-papers relating to that election are required under by-law 9(5) to be received,

the Vice-Chancellor must open the envelope, remove the inner envelope containing the completed ballot-paper, and retain that inner envelope (unopened) in safe custody for the purposes of the count.

(3) If by-law 11(2)(a) or (b) is not satisfied in the case of any envelope, the Vice-Chancellor must mark the envelope "Rejected", and endorse on that envelope a note of the reason for its rejection, and the ballot-paper enclosed in that envelope must not be included in the count.

1. Scrutineers

(1) Each candidate at an election is entitled to appoint, by notice in writing signed by that candidate, one person to act as scrutineer.

(2) A scrutineer appointed under by-law 12(1) is entitled to be present at the counting of the votes cast in the election, and to examine (during the count) the ballot-papers included in the count.

1. The Count and Declaration of the Results

(1) The votes cast at an election are to be counted as soon as practicable after the time by which completed ballot-papers must be received by the Vice-Chancellor under by-law 9(5), and in any event no later than 4:00pm on the date that is 7 days after that date.

(2) The count must be conducted by the Vice-Chancellor, subject to by-law 13(3), in the presence of scrutineers appointed under by-law 12(1).

(3) An election is not rendered invalid or affected in any way by the failure of any or all of the scrutineers to attend the count.

(4) During the count, the Vice-Chancellor must set aside as an informal vote any ballot-paper which has been marked otherwise than in accordance with by-law 10(2) or (3).

(5) Subject to by-law 13(4), the votes cast at an election are to be counted, and the person or persons to be declared elected are to be ascertained, in accordance with the applicable provisions of the Schedule.

(6) The Vice-Chancellor must keep such records of the votes cast at an election as are necessary to enable the Council to comply with section 12(2) of the Act, and must make those records available to the Council on request.

1. Publication of Results

The Vice-Chancellor must, as soon as practicable after declaring (whether under by-law 7(2) or in accordance with by-law 13(5) and the Schedule) a person or persons to have been elected to the Council, publish notice of that declaration on the notice boards referred to in by-law 3(1)(a) and in the newspaper in which notice of the election was published under by-law 3(1)(b).

1. Failure of Election Where Candidate Dies or Ceases to be Eligible

(1) This by-law 15 applies where, in the case of any election, a candidate dies or ceases to be eligible for election between:

(a) the time by which nominations must be lodged, as specified in the election notice; and

(b) the completion of the count.

(2) Where the death or loss of eligibility:

(a) occurs before the time by which completed ballot-papers are required to be received by the Vice-Chancellor under by-law 9(5); and

(b) has become known to the Vice-Chancellor before that time,

the election is to be deemed to have failed and the Vice-Chancellor must call a new election for that position.

(3) Where the death or loss of eligibility:

(a) occurs after the time by which completed ballot-papers are required to be received by the Vice-Chancellor under by-law 9(5); or

(b) occurs before that time but does not come to the Vice-Chancellor's knowledge until after that time,

the count must take place in accordance with by-law 13 and the Schedule as if the death or loss of eligibility had not occurred, and:

(c) if as a result of the count the candidate would, but for the occurrence of the event, be entitled to be declared elected, the election is to be deemed to have failed, and the Vice-Chancellor must call a new election for that position; and

(d) if the candidate would not have been entitled to be declared elected, the count stands and the successful candidate or candidates be declared accordingly.

(4) Where a new election is held by reason of this by-law 15:

(a) the last day for the posting and publishing of the election notice under by-law 3 is to be a day that is 14 days after the date of the death or loss of eligibility of the candidate; and

(b) the electoral roll for the purposes of the new election is to be that prepared for the failed election, and by-laws 4 and 5(c) and (d) do not apply with respect to that new election.

1. Repeal

The by-laws in force immediately prior to the date of commencement of these by-laws and cited as the Northern Territory University (Election of Members of Council) By-laws are repealed on and from the date of commencement of these by-laws, but that repeal does not affect the results or consequences of any election carried out under those by-laws.

SCHEDULE

Election of One Member Only

1. Where one member only is to be elected, the number of first preference votes cast for each candidate are to be counted first, and:

(a) if one candidate obtains an absolute majority of the votes counted, the Vice-Chancellor must declare that candidate to have been elected; and

(b) if no candidate obtains an absolute majority, the count must proceed in accordance with paragraph 2, and if necessary, paragraph 3.

2. Where one member only is to be elected and no candidate obtains an absolute majority of the first preference votes, there is to be a second count, at which:

(a) the candidate who received the fewest votes at the first count (or, if 2 or more obtained the fewest, one of them as determined by the Vice-Chancellor by lot) is excluded; and

(b) each ballot-paper counted to that candidate is counted instead to the candidate (if any) next in the order of the elector's preference,

and if one candidate then has an absolute majority of votes, the Vice-Chancellor must declare that candidate to have been elected.

3. Where on a second count by reason of paragraph 2 there is still no candidate with an absolute majority of votes:

(a) the process of excluding the candidate with the fewest votes (or, if 2 or more obtained the fewest, one of them selected by the
Vice-Chancellor by lot) and counting each of the ballot-papers counted to that candidate to the continuing candidate next (if at all) in the order of the elector's preference is to be repeated until one candidate does obtain an absolute majority; and

(b) the Vice-Chancellor must then declare that candidate to have been elected.

Election of 2 members

4. Where 2 or more members are to be elected, the number of first preference votes cast for each candidate are to be counted first, and:

(a) if there are only 3 candidates, the candidate who obtained the fewest of the votes counted (or, if 2 obtained the fewest, one of them selected by the Vice-Chancellor by lot) is excluded, and the Vice-Chancellor must declare the other 2 candidates elected;

(b) if there are 4 candidates, there is to be a second count, at which:

(i) the candidate who obtained the fewest votes at the first count (or, if 2 or more obtained the fewest, such one of them as if selected by the Vice-Chancellor by lot) is excluded; and

(ii) each ballot-paper counted to that candidate is counted instead to the candidate (if any) next in order of the elector's preference,

and paragraph (a) then applies with respect to the 3 remaining candidates; and

(c) if there are more than 4 candidates:

(i) there is to be a second count in accordance with paragraph 4(b);

(ii) the process of excluding the candidate with the fewest votes (or, if 2 or more obtained the fewest votes, one of them selected by lot) and counting each of the ballot-papers counted to that candidate to the continuing candidate next (if at all) in the order of the elector's preference is then to be repeated until only 3 candidates remain; and

(iii) paragraph (a) then applies with respect to those 3 remaining candidates.

5. Where 2 members are to be elected and, whether at the first count or any subsequent count, each of the candidates obtains the same number of votes, the Vice-Chancellor must determine by lot which of the candidates is to be treated for the purposes of paragraph 4 as having the fewest votes, and that paragraph applies accordingly.

Notes

1. The Charles Darwin University (Election of Members of Council)
By-laws, in force under the Charles Darwin University Act, comprise By-laws made on 19 August 2004, the details of which are specified in the following table:

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