Governance

Method of election of members of the Senate under Section 8(1)(g) of the University Act

Further information

Senate

Members of the Senate

  1. In these regulations:
  2. (1) An election is held annually to elect the Guild President and member of the Senate under Section 8. (1)(g) of the University Act.
    (2) The election of one other member of the Senate under Section 8(1)(g) of the University Act is held biennially on the day or days appointed by the Guild Council for the holding of the annual Guild elections for that year and advertised by notices displayed on the University noticeboards for at least the 60 days immediately preceding the commencement of the election.
    (3) The Senate member elected in accordance with subsection (2) holds office for a term of two years, commencing, subject to Regulation 15, on December 1 of the year of their election.
  3. The election is conducted by the Guild Council who appoint a Returning Officer, and additional officers if required, no later than 35 days before the commencement of the election.
  4. Nominations of candidates are invited by notices displayed on the University noticeboards for at least the 14 days before the nominations are due to close.
  5. Each nomination must be in writing signed by the nominee and two persons eligible to vote in the election as proposer and seconder and lodged with the Returning Officer not later than 5 p.m. 21 days before the commencement of the election.
  6. (1) If a nomination is received from only one candidate, the President of the Guild must report this to the Chancellor who will, on the following first day of December or on another date determined by the Chancellor, declare the candidate to be elected as a member of the Senate.
    (2) If there is more than one nomination, the Returning Officer must publish the names of the candidates on the University notice boards for at least the seven days immediately preceding the commencement of the election.
  7. (1) If there is more than one candidate, the election must be by ballot conducted by the Returning Officer in a place or places determined by the Guild Council and advertised.
    (2) The ballot must be held on the day or days appointed under Regulation 2 and closes at 5 p.m. on the day or the last of the days appointed.
  8. Every voting paper must contain the names of all the candidates nominated set out in the order prescribed by the Guild Council.
  9. (1) The voter must write the figure '1' opposite the name of the candidate who stands first in his or her order of preference and may, in addition, indicate the order of preference for as many more candidates as they please by writing opposite the name of a candidate a number next in numerical order after those already used by the voter.
    (2) A voter does not have to place a number against the name of every candidate.
    (3) The Returning Officer will accept a ballot paper that does not follow the above procedure if they are satisfied that the voter has unambiguously indicated an order of preference by some other means.
  10. (1) The counting of votes cast in the ballot must be carried out by the method described in the Appendix to these regulations.
    (2) Each candidate is entitled to nominate one scrutineer to be present at the scrutiny.
  11. If the Returning Officer is of the opinion that a voting paper is substantially defective the voting paper must not be included in the ballot.
  12. The Guild must, in its regulations, prescribe arrangements and eligibility for postal voting.
  13. The Returning Officer, or person appointed to administer the election, shall have discretion to conclusively and finally determined all matter of detail concerning the election, including but not limited to:
    (i) questions of eligibility: and
    (ii) the manner in which the election is conducted;
    provided such determinations accord with the fair conduct of the election.
  14. If the President is a candidate for election to the Senate, the Guild Council must appoint some other member of the Guild Council to fulfil the duties and responsibilities of the President imposed under Regulation 15.
  15. Within 48 hours of the conclusion of the scrutiny, the President of the Guild must report the result of the election to the Chancellor, who will on the following first day of December, or on another date determined by the Chancellor, declare the candidate who has been preferred by the electors to be elected as a member of the Senate from the date of the declaration.
  16. (1) Immediately upon the completion of the scrutiny, the voting papers must be placed by the Returning Officer in a sealed container and held by them for 14 days.
    (2) When the 14-day period has expired, the voting papers must be destroyed by the Returning Officer unless otherwise directed by the Chancellor.
  17. (1) If the office of a member becomes vacant before the normal expiration of that member's term of office, the Senate must, as soon as possible after the occurrence of the vacancy, fix a date for the election of a successor.
    (2) The election must be held in accordance with these regulations, except that the Chancellor will, immediately on receipt of the report from the President of the Guild under sub-regulation 6 (11) or Regulation 15, declare the candidate or preferred candidate to be elected as a member of the Senate.
  18. The unauthorised removal from any University notice board of a notice referred to in Regulations 2, 4, and sub-regulation 6 (2) during the period prescribed for publication, does not invalidate the election or nomination concerned.

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Appendix

Counting of Votes [Regulation 10(1)]

  1. The counting of votes cast in the ballot for election of the members of the Senate under Section 8(1)(g) of the University of Western Australia Act shall be as follows in this Appendix.
  2. The number of first choices recorded for each candidate shall be counted, and all informal voting papers shall be rejected.
  3. The aggregate number of such first choices shall be divided by one more than the number of candidates required to be elected, and the quotient increased by one, disregarding any remainder, shall be the quota, and (except as hereinafter provided in Rule 11) no candidate shall be elected until he or she obtains a number of votes equal to or greater than the quota.
  4. Any candidate who has, upon the first choices being counted, a number of such votes equal to or greater than the quota shall be declared elected.
  5. Where the number of such votes obtained by any candidate is equal to the quota, the whole of the voting papers on which a first choice is recorded for such elected candidate shall be set aside as finally dealt with.
  6. Where the number of such votes obtained by any candidate is in excess of the quota, the proportion of votes in excess of the quota shall be transferred to the other candidates not yet declared elected, next in the order of the voter's respective preferences, in the following manner:
    (i) All the voting papers on which a first choice is recorded for the elected candidate shall be re-examined, and the number of second choices, or (in the case provided for in Rule 13) third or next consecutive choices, recorded for each unelected candidate thereon shall be counted;
    (ii) The surplus of the elected candidate shall be divided by the total number of votes obtained by him or her on the counting of the first choices, and the resulting fraction shall be the transfer value;
    (iii) The number of second or other choices, ascertained in paragraph (i) to be recorded for each unelected candidate, shall be multiplied by the transfer value; and
    (iv)The resulting number, disregarding any fractional remainder, shall be credited to each unelected candidate, and added to the number of votes obtained by him or her on the counting of the first choices.
  7. (a) Where, on the counting of the first choices or on any transfer, more than one candidate has a surplus, the largest surplus shall be first dealt with. If then more than one candidate has a surplus, the then largest surplus next in order of magnitude shall be dealt with, and so on. Provided that, if one candidate has obtained a surplus at a count or transfer previous to that at which another candidate obtains a surplus, the surplus of the former shall be first dealt with.
    (b) Where two or more surpluses are equal, the surplus of the candidate who has the highest on the poll at the count or transfer at which they last had an unequal number of votes shall be first dealt with, and if they have had an equal number of votes at all preceding counts or transfers the Returning Officer shall decide by lot which candidate’s surplus shall be first dealt with.
  8. (a) Where the number of votes obtained by a candidate is raised up to or above the quota by a transfer as aforesaid, the candidate shall thereupon be declared elected. And in such case, notwithstanding the fact that the candidate may have reached the quota, such transfer shall be completed, and all the votes to which the candidate is entitled therefrom shall be transferred to him or her, but no votes of any other candidate shall be transferred to him or her.
    (b) Where the number of votes obtained by a candidate is raised up to, but not above the quota by a transfer as aforesaid, the whole of the voting papers on which such votes are recorded shall be set aside as finally dealt with.
    (c) Where the number of votes obtained by a candidate is raised above the quota by a transfer as aforesaid, the candidate's surplus shall be transferred to the candidates next in the order of the voter's respective preferences, in the following manner:
    (i) The voting papers on which are recorded the votes obtained by the elected candidate in the last transfer shall be re-examined, and the number of third, or (in the case provided for in Rule 13) next consecutive choices recorded for each unelected candidate thereon counted.
    (ii) The surplus of the elected candidate shall be divided by the total number of voting papers mentioned in paragraph (i), and the resulting fraction shall be the transfer value.
    (iii) The number of second (or other) choices, ascertained in paragraph (i) to be recorded for each unelected candidate, shall be multiplied by the last mentioned transfer value.
    (iv) The resulting number, disregarding any fractional remainder, shall be credited to each unelected candidate, and added to the number of votes previously obtained by him or her. 
  9. (a) Where, after the first choices have been counted and all surpluses (if any) have been transferred as hereinbefore directed, no candidate, or less than the number of candidates required to be elected, has or have obtained the quota, the candidate who is lowest on the poll shall be excluded, and all the votes obtained by that candidate shall be transferred to the candidates next in the order of the voter's respective preferences, in the same manner as is directed in Rule 6.
    (b) The votes obtained by such excluded candidate as first choices shall first be transferred, the transfer value of the vote in each case being 1.
    (c) The other votes of such excluded candidate shall then be dealt with in the order of the transfers in which, and at the transfer value at which, he or she obtained them.
    (d) Each of the transfers which takes place under the two previous clauses of this rule shall be deemed for all purposes to be a separate transfer.
  10. (a) Where the number of votes obtained by a candidate is raised up to or above the quota by any such transfer as aforesaid, the candidate shall thereupon be declared elected. And in such case, notwithstanding the fact that he or she may have reached the quota, such transfer shall be completed, and all the votes to which that candidate is entitled therefrom shall be transferred to him or her, but no other votes shall be transferred to him or her.
    (b) Where the number of votes obtained by a candidate is raised up to, but not above, the quota by any such transfer as aforesaid, the whole of the voting papers on which such votes are recorded shall be set aside as finally dealt with.
    (c) Where the number of votes obtained by a candidate is raised above the quota by any such transfer as aforesaid, the candidate's surplus shall be transferred to the candidates next in the order of the voter's respective preferences in the same manner as is directed in Rule 8, Clause (c). Provided that such surplus shall not be dealt with until all the votes of the excluded candidate have been transferred.
    (d) Where any surplus exists it shall be dealt with before any other candidate is excluded.
  11. The same process of excluding the candidate lowest on the poll, and transferring to other candidates his or her votes shall be repeated until all the candidates, except the number required to be elected, have been excluded, and the unexcluded candidates, who have not already been so declared, shall then be declared elected.
  12. Where at any time it becomes necessary to exclude a candidate, and two or more candidates have the same number of votes and are lowest on the poll, then whichever of such candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes shall be first excluded, and if such candidates have had an equal number of votes at all preceding counts or transfers, the Returning Officer shall decide by lot which candidate shall be first excluded.
  13. In determining what candidate is next in the order of the voter's preference, any candidates who have been declared elected or who have been excluded shall not be considered, and the order of the voter's preference shall be determined as if the names of such candidates had not been on the voting paper.
  14. Where on any transfer it is found that on any voting paper there is no candidate opposite whose name a number is placed, other than those who have been already either declared elected or excluded, such voting papers shall be set aside as exhausted.
  15. (i) Where in the case of a by-election one candidate only is to be elected and no candidate on the first count secures an absolute majority of the whole of the formal votes recorded at the election, the candidate who has the fewest votes is excluded (i.e. regarded as defeated), and each ballot paper counted to him or her is (unless exhausted) counted to the unexcluded candidate next in the order of the voter’s preference.
    (ii) If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of that candidate’s ballot papers (unless exhausted) to the unexcluded candidate next in the order of the voter's preference is repeated until one candidate has an absolute majority of votes.
  16. Every ballot paper not rejected as informal is to be counted in every count until it becomes exhausted, when it is rejected in all further counts. Where a candidate is excluded, any ballot paper counted to that candidate is deemed to be exhausted if there is not indicated upon it a consecutive preference for one unexcluded candidate.
  17. If on any count two or more candidates have an equal number of votes and any one of them has to be excluded, then whichever of such candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes shall be first excluded, and if such candidates have had an equal number of votes at all preceding counts or transfers, the Returning Officer shall decide by lot which candidate shall be first excluded.

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