Governance

Guild Election Regulations made under Statute 20 - Nominations

Guild Election Regulations made under Statute 20

Nominations

614(1) Display of Public Notice

A Public Notice inviting nominations shall be placed on the Guild notice board 14 Days before nominations are due to close and in the official Student Guild publication prior to the close of nominations.

614(2) Form of Public Notice

The Public Notice shall contain:

(a) the name of the Guild;

(b) the title and number of vacancies for all offices due for Election;

(c) the form in which nominations are to be made;

(d) the place where nominations may be lodged;

(e) the times and dates of the commencement and closure of the period for lodging nominations;

(f) the eligibility criteria for voters, nominees and nominators;

(g) details of the relevant dates and times of the Election timetable (including the times, dates and places for the draw for positions on the ballot paper and, where it applies, the lodgement of Group Registration Schedules); and

(h) an invitation for interested and eligible persons to nominate.

614(3) Form and mode of nomination

(a) A Nomination should be made on an official Nomination form which shall be prepared by the Returning Officer and is available from Guild Administration.

(b) A Nomination form shall:

(i) be held in Guild administration for public inspection,

(ii) be signed by not less than 2 persons, other than the nominee, entitled to vote at the Election for which the nominee is nominating;

(iii) contain a signed statement by the nominee stating that they consent to act in the position nominated for, if elected;

(iv) contain a signed statement by the nominee stating that they are qualified in accordance with the rules of the Guild to hold office;

(v) be accompanied by a "Nominee Contact Details Form" which sets out the name, contact number, Student number and place of residence of the nominee entitled to vote at the Election and which shall be held by the Managing Director and/or Returning Officer in accordance with the Guild privacy policy;

(vi) be accompanied by a copy of the Code of Conduct signed by the nominee; and

(vii) be accompanied by an acknowledgement signed by the nominee acknowledging:  

(A) they are required to attend compulsory Council Transition Training (CTT) after they have been elected at a time to be determined by the Guild; and 

(B) non-attendance of the CTT will result in the Guild forwarding the matter to the Discipline Committee.

614(4) Requisites for nomination

A Nomination will only be valid if:

(a) the Nomination form is fully completed;

(b) the Nomination form is personally delivered by the person nominated and received by the Returning Officer after nominations are publicly invited and before the close of nominations;

(c) the person nominated, deposits with the Returning Officer the relevant Nomination deposit in cash or banker’s cheque (not a personal cheque), at the time the Nomination form is personally delivered to the Returning Officer; and

(d) the Nomination form is accompanied by a signed declaration that the nominee agrees to the Code of Conduct provided in Schedule 3.

614(5) Supplementary information and documents may be provided

(a) The following additional information may be provided by the nominees prior to the close of nominations: details of the Candidate's preferred name to be included on the ballot paper and Public Notices; and

(b) a registration form for the registration of a Group (for Guild Council Elections only), if applicable.

614(6) Form of names of candidates

(a) The statement of the form of the candidate's name to be printed on the ballot papers shall include the candidate's surname and may include each, or one or more, of the candidate's given names.

(b) A given name may be stated by specifying:

(i) the name;

(ii) an initial standing for the name; or

(iii) a commonly accepted variation of the name (including an abbreviation or truncation of the name or an alternative form of the name).

(c) The Returning Officer may reject any varied name which in their opinion is obscene or in poor taste.

614(7) Time for receipt of nomination

Subject to regulation 613(8) nominations must be received by the Returning Officer by 5.00 pm on the Day that nominations close.

614(8) Place of nomination

Nominations must be delivered personally or by mail to the Returning Officer or lodged at the Guild Administration office in the locked receptacle provided for that purpose.

614(9) Lodgement of deposit

If the Nomination deposit of $10 is not lodged at the time of personal delivery to the Returning Officer, the Nomination is to be rejected by the Returning Officer.

614(10) Formal Defects

(a) The Returning Officer may, in their absolute discretion, accept a Nomination which, in their opinion, substantially complies with the Nomination requisites.

(b) The Returning Officer may allow a nominee to alter or correct any Formal Defect in a Nomination form or supplementary information and documents lodged by the close of nominations whenever this is practicable.

614(11) Mode of rejection of nomination

The Returning Officer shall take reasonable steps to notify any nominee before nominations close of the rejection of that person's Nomination and reasons for that rejection. Any Nomination rejection must later be confirmed in writing.

614(12) Mode of withdrawal of nomination

A person nominated as a candidate may withdraw their Nomination by lodging a notice of withdrawal with the Returning Officer before the close of nominations.

614(13) Requisites for notice of withdrawal

Unless the withdrawal is lodged personally with the Returning Officer, it shall be signed by the nominee and witnessed by another person who shall be a voter for the position for which the Nomination refers.

614(14) Action on receipt of Nomination withdrawal

(a) Where the withdrawal is received before the Printing of the Public List, the name shall be excluded from the Public List.

(b) Where the withdrawal is received before the Printing of the ballot papers, the name shall be excluded from the ballot paper.

(c) Where the withdrawal is received after the Printing of the ballot paper, a notice shall be displayed to alert voters in the Polling Place, and the candidate shall be excluded from the count.

614(15) Failed Elections

An Election shall fail where:

(a) no Nomination is declared (after the expiration of the extension period);

(b) a candidate for an office with a single vacancy in the Election dies after the close of polling but before the declaration of the poll; and

(c) there are insufficient nominations received, (where this is the case, Elections shall fail only in respect to the vacancy or vacancies for which a Nomination is not received).

614(16) Lodgement of nominations received by the Returning Officer

The Returning Officer must lodge any nominations delivered to them directly or by mail before the close of nominations in the ballot box provided for lodgement of nominations.

614(17) Validity checking

On an ongoing basis throughout the Nomination period, the Returning Officer shall check the validity of Nomination forms lodged.

614(18) Grounds for rejection of nomination

If a candidate is ineligible as a result of a by statute, by-law, regulation or rule, the Nomination shall be declared invalid.

614(19) Declaration of nominations received

(a) The Returning Officer shall display on the Guild notice board, and other forums deemed appropriate, the Public List of candidates for each position and any other relevant details as soon as practicable after the close of nominations.

(b) The Returning Officer shall provide photocopies of all accepted nominations for public inspection at the Guild Administration Office as soon as practicable after the close of nominations.

614(20) Additional description of candidates

Where similarity in the names of 2 or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will, in the opinion of the Returning Officer, distinguish them from one another.

614(21) Provision of information to candidates

The Returning Officer must make available free of charge to each candidate a copy of these Regulations and any other information deemed relevant as soon as possible after nominations, if not before.

614(22) Return or forfeiture of deposit

(a) The Nomination deposit shall be refunded in full to all candidates declared elected to any Guild office by the Returning Officer.

(b) Nomination deposits shall also be returned to all candidates who, in the official results, received at least 10% of the quota at the primary vote count for each and every position contested.

(c) Nomination deposits shall be returned to the estate in respect to any candidate who dies before polling closes.

614(23) Candidates to be bound by Regulations

(a) A candidate who nominates is deemed to have agreed to be bound by these Regulations.

(b) A candidate who nominates is deemed to be bound by the Code of Conduct.

614(24) Retention of Nomination forms

The original Nomination forms shall be retained in safe keeping by the Returning Officer throughout the course of the Election. Following the Election, the nominations shall be placed with the other Election Material for storage until destruction is authorised.

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615 DEATH OF A CANDIDATE FOR AN OFFICE WITH A SINGLE VACANCY

615(1) Before nominations are declared

Where a nominee dies before the declaration of nominations, their name shall not be declared as a candidate and the Election(s) shall proceed as normal.

615(2) Between the declaration of nominations and the dispatch of postal votes

Where the death occurs after the declaration of nominations but before the postal votes are dispatched, no voting shall take place for the relevant position(s) for which the deceased was a declared candidate.

615(3) Between the dispatch of postal votes and the close of polling

Where the death occurs after the dispatch of postal votes but before the close of polling, all further voting is to be suspended in respect to only the position contested by the deceased. No count of any votes already received shall take place, and the votes themselves shall be placed in a sealed parcel if the ballot paper is solely devoted to that particular position.

615(4) After close of polling but before declaration of the poll

If, after the close of polling but before the declaration of the poll any candidate in an Election dies, the Election(s) in which that candidate was contesting shall, by reason of such death, be deemed to have wholly failed and a fresh Election shall be held.

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616 DEATH OF A CANDIDATE FOR AN OFFICE WITH MULTIPLE VACANCIES

616(1) Before nominations are declared

Where a nominee dies before the declaration of nominations, they shall not be declared as a candidate and Elections shall proceed as normal.

616(2) Between the declaration of nominations and the close of the poll

Where a candidate dies between the declaration of nominations and the close of the poll:

(a) the name shall be excluded from that list if the Public List has not been printed;

(b) the name shall be excluded from the ballot paper if the ballot papers have not been printed; and

(c) a notice shall be displayed to alert voters in the Polling Place and the candidate shall be excluded from the count if the ballot papers have been printed.

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