Governance

Guild Election Regulations made under Statute 20 - Administrative Appointments

Guild Election Regulations made under Statute 20

Administrative Appointments

603 RETURNING OFFICER/SUBSTITUTE RETURNING OFFICER

603(1) Eligibility for appointment

(a) A Returning Officer or Substitute Returning Officer may be appointed by the Electoral Commissioner or the Guild Council to conduct an Election.

(b) If the Electoral Commissioner is unable or unwilling to make such an appointment, or if the Guild Council decides that a Returning Officer and/or Substitute Returning Officer need not be appointed by the Electoral Commissioner, the Guild Council shall appoint a Returning Officer and a Substitute Returning Officer.

(c) A Returning Officer and/or Substitute Returning Officer appointed by the Guild Council must:

(i) have conducted a Guild Election or similar Election in the past;

(ii) be capable of administering all aspects of the Election efficiently; and

(iii) be impartial.

(d) The appointment of a Returning Officer or Substitute Returning Officer will not be effective until the person appointed signs an undertaking stating that they will perform the duties associated with the position impartially and in accordance with the spirit and detail required by these Regulations.

603(2) Disqualification from appointment

A person may not be appointed as a Returning Officer or Substitute Returning Officer if that person was:

(a) a member of the Guild within the last 5 years;

(b) an employee of the Guild or the University within the last 5 years;

(c) a member of a political party registered at Federal or State level within the last 5 years; or

(d) a Candidate in a Guild Election in the last 5 years.

603(3) Form of appointment

The Returning Officer and/or Substitute Returning Officer shall be appointed in writing by the Electoral Commissioner or the Guild President as the case requires.

603(4) Mode of appointment

(a) Where the Returning Officer or Substitute Returning Officer is appointed by the Electoral Commissioner, the Electoral Commissioner will make arrangements for copies of the Instruments of Appointment and the declarations of the Returning Officer and Substitute Returning Officer to be displayed on the Guild noticeboard as soon as possible after such appointments have become effective.

(b) Where the Returning Officer or Substitute Returning Officer is appointed by the Guild Council, the Secretary will make those arrangements.

603(5) Time and duration of appointment

(a) The Returning Officer shall be appointed annually.

(b) The appointment of the Returning Officer and Substitute Returning Officer shall be effective from the date of the Instrument of Appointment until the declaration of all polls for which that officer has been appointed.

603(6) Resignation from office

(a) A Returning Officer and Substitute Returning Officer may resign by lodging a written resignation with the Electoral Commissioner (where the Electoral Commissioner made the appointment) or with the Secretary (where the Guild Council made the appointment).

(b) The resignation will be effective from the time and date it is received by the Electoral Commissioner or the Secretary as the case requires.

603(7) Revocation of appointment

(a) A Returning Officer and Substitute Returning Officer may have their appointment revoked at any time by the Electoral Commissioner, where the Electoral Commissioner made the appointment.

(b) A Returning Officer and Substitute Returning Officer may have their appointment revoked at any time by the Guild Council, where the Guild Council made the appointment, provided that such a motion receives a two-thirds majority vote of the Guild Council at a meeting for which at least 48 hours notice of the motion has been given to members of the Guild Council.

603(8) Casual vacancies

In the event of the resignation or death of a Returning Officer and/or Substitute Returning Officer, or the excessive absence of either, a replacement will be appointed as soon as possible by the Electoral Commissioner or Guild Council, as the case requires.

603(9) Remuneration

(a) Where the Returning Officer and/or Substitute Returning Officer is appointed by the Electoral Commissioner, the Guild will remunerate the Returning Officer and/or Substitute Returning Officer in accordance with the pay rates set and notified to the Guild President by the Electoral Commissioner.

(b) Where the Returning Officer is appointed by the Guild President pay rates shall be agreed upon by the Returning Officer and the Guild President.

(c) The Guild shall reimburse the Electoral Commission for all costs incurred by the Electoral Commission in the conduct of a Guild Election for which the Electoral Commissioner has appointed the Returning Officer.

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604 ELECTORAL ASSISTANTS

604(1) Eligibility for appointment

(a) No person under the age of 18 years may be appointed as an Electoral Assistant.

(b) The appointment of an Electoral Assistant is not effective until the person concerned has signed an undertaking stating that they:

(i) are eligible for appointment;

(ii) will not contest the Election; and

(iii) agree to perform the duties associated with the office impartially and in accordance with the spirit and detail required by these Regulations.

604(2) Disqualifications from appointment

A person is not eligible to be appointed or remain appointed as an Electoral Assistant if they:

(a) were a Candidate at an Election which was contested within the last two years; or

(b) hold or have held office as a voting member of the Guild Council within the last two years.

604(3) Mode of appointment

The Returning Officer shall appoint all Electoral Assistants in writing.

604(4) Form of appointment

The appointment of Electoral Assistants will be made by an Instrument of Appointment which shall be signed by the Returning Officer.

604(5) Time and duration of appointment

The duration of an appointment may be specified on the Instrument of Appointment or may be left on a needs basis for the period of the Election.

604(6) Resignation from office

(a) An Electoral Assistant may resign by notifying the Returning Officer either verbally or in writing.

(b) The resignation may be effective immediately, or at a time and date acceptable to the Returning Officer.

604(7) Revocation of appointment

The appointment of an Electoral Assistant may be revoked at any time by the Returning Officer.

604(8) Casual vacancies

Any vacancy that occurs through the resignation or revocation of an appointment of an Electoral Assistant may, or may not be filled at the Returning Officer's discretion.

604(9) Remuneration

(a) Rates and conditions of employment for Electoral Assistants shall be in accordance with a schedule provided by the Electoral Commissioner.

(b) These rates and conditions shall reflect the contemporary pay rates and conditions for equivalent State Electoral Officials.

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605 GROUP AGENTS

605(1) Eligibility for appointment

A Group Agent must be at least 18 years of age and meet the requirements of eligibility for election in accordance with Table D in Schedule 1 of these Regulations.

605(2) Form of appointment

(a) The formal appointment of a Group Agent shall be prepared by the Returning Officer and shall be included with the Nomination form.

(b) Where the authority of a Group Agent is revoked in accordance with regulation 605(6), the Group shall inform the Returning Officer of a new appointment 48 hours after the revocation.

(c) Where a Group Agent is not appointed by the Group, the Candidate whose position is counted first shall be deemed to be the Group Agent.

(d) Where a Candidate is nominating without a Group they shall be deemed to be their own Group Agent.

605(3) Requisites of appointment

(a) Appointments shall be in writing signed by at least two members of the Group.

(b) If there are less than two members in the Group, the Nomination must be witnessed by at least two UWA Students.

605(4) Time and duration of appointment

(a) An appointment of a Group Agent is not effective unless the appointee has signed a statement containing a declaration of eligibility and consent to act.

(b) An appointment of a Group Agent shall expire at the declaration of the poll.

605(5) Resignation from office

A Group Agent may resign from office by notifying the Returning Officer either verbally or in writing, and the resignation shall be effective forthwith.

605(6) Revocation of appointment

(a) The appointment of a Group Agent may be revoked by;

(i) a majority of the Candidates in the Group; or

(ii) the Returning Officer if, in their opinion, the Group Agent has consistently failed to discharge their obligations to their Group.

(b) Revocation in accordance with regulation 605(6)(a)(i) must be in writing and shall not take effect until it is received by the Returning Officer.

605(7) Limitation of numbers

A Group may have no more than one Group Agent appointed at any given time.

605(8) Responsibilities

The Group Agent will be responsible for:

(a) the content of the Election Material created and Distributed by their Group;

(b) ensuring all Election Material for their Group is in accordance with regulation 622; and

(c) ensuring all Election Material for their Group has been costed as per regulation 622.

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606 SCRUTINEERS

606(1) Eligibility for appointment

(a) Any person 16 years of age or older may be appointed as a Scrutineer.

(b) A Candidate at an Election will not be permitted to act as their own Scrutineer.

(c) A Candidate may not act as a Scrutineer for any poll taken in conjunction with the poll at which that person is a Candidate.

606(2) Mode of appointment

(a) The appointment of a Scrutineer shall be made in writing and signed by the Candidate on whose behalf the Scrutineer will act.

(b) The appointment must be lodged with the Returning Officer or the Officer-in-Charge of the Polling Place or Counting Centre.

606(3) Form of appointment

The appointment of a Scrutineer shall be in accordance with the Instrument of Appointment prepared by the Returning Officer.

606(4) Time and duration of appointment

The appointment shall be effective from the date of the Instrument of Appointment until the poll is declared.

606(5) Limitation of numbers

(a) A Candidate may appoint more than one Scrutineer.

(b) A Candidate may not have more than one Scrutineer present at any one time in the counting centre.

606(6) Resignation from office

A Scrutineer may resign from office at any time by notifying the Candidate who appointed them.

606(7) Revocation of appointment

(a) An appointment may be revoked by the Candidate at any time by notifying the Returning Officer in writing. The revocation will take effect on the day that the Returning Officer receives the written revocation.

(b) The appointment may be revoked by the Returning Officer at any time if, in their opinion, the Scrutineer has failed to obey a lawful direction of the Returning Officer or an Electoral Assistant.

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