Guild Election Regulations made under Statute 20 - Offences and misconduct

Guild Election Regulations made under Statute 20

Offences and misconduct

631(1) Offences

A person commits an offence if that person wilfully:

(a) offers a bribe or exerts undue influence, directly or indirectly, on a voter, candidate or Electoral Official;

(b) canvasses for votes in a Polling Place;

(c) interferes with and infringes the secrecy of the ballot;

(d) acts when disqualified;

(e) falsely impersonates another person;

(f) destroys or defaces a ballot paper, ballot box or Election notice with the intention to defraud;

(g) deposits a ballot paper in the ballot box, returns a postal ballot paper through the mail, or removes a ballot paper from the Polling Place of Counting Centre with the intention to defraud;

(h) forge nominations, ballot papers or electoral forms;

(i) fail to obey the lawful instruction of the Officer-in-Charge within a Polling Place or Counting Centre;

(j) supplies ballot papers without authority;

(k) vote more than once at the same Election;

(l) defaces, mutilates, destroys or removes any notice, list or other document affixed by the Returning Officer or by their authority;

(m) makes a false statement in any claim, application, return or declaration or in answer to a question under these Regulations;

(n) distributes any advertisement, handbill or pamphlet which is not approved as prescribed or otherwise published in contravention of these Regulations;

(o) in the case of an Electoral Official, candidate or Scrutineer, wears or displays, a badge or emblem of a candidate or Group in a Polling Place during polling or at a Counting Centre during counting;

(p) obstructs an Election meeting;

(q) hinders, obstructs or prevents an Electoral Official or candidate from discharging their duties or exercising their rights;

(r) deface mutilate, remove or interfere with Election Material without authority;

(s) interfere with, deface or destroy a ballot paper, electoral form, nomination, official electoral notice, ballot box/ Nomination receptacle, lock, seal Electoral Roll or other significant object pertaining to the Election;

(t) bring alcohol to a Polling Place or Counting Centre;

(u) engage in disorderly conduct at a Polling Place or Counting Centre;

(v) in the case of a candidate, remain within 5 metres of a voting enclosure after a formal warning;

(w) Distribute or display Election Material within 5 metres of a voting enclosure following a formal verbal warning;

(x) duplicates, conceals or unlawfully marks a ballot paper;

(y) witness an electoral paper which has not been completed;

(z) witness a signature without actually seeing the person concerned write that signature;

(aa) act as a witness on an electoral form whilst being a candidate or Group Agent;

(bb) hinder, obstruct or prevent an Electoral Official or candidate from discharging a duty or exercising a right under these Regulations;

(cc) directly or indirectly attempts to induce an Electoral Official to alter the course of an Election;

(dd) in the case of a candidate, exceed their expenditure limit as prescribed in regulation 622(3);

(ee) cast more than one vote in contravention of regulation 612(6)(b);

(ff) distribute or authorise the distribution of Uncosted Election Material;

(gg) fail to obey a Determination of the Returning Officer; and

(hh) disobeys the lawful and reasonable directions of the Guild or the Returning Officer.

631(2) Enforcement

(a) The Returning Officer is responsible for considering any complaint alleging Misconduct, and making a Determination in respect of any Misconduct, in relation to the administration of the Election.

(b) A complaint about Misconduct must be submitted to the Returning Officer either during the Election or prior to the declaration of the poll. The complaint must:

(i) state the ground of complaint and alleged Misconduct;

(ii) outline the facts and evidence relied upon;

(iii) state the remedy sought;

(iv) be in written form; and

(v) be addressed from the Group Agent.

(c) The Returning Officer may make any Determination in response to a complaint received under regulation 631(2)(b) in the Returning Officer’s sole discretion.

(d) Any objections to the Determination of the Returning Officer should be submitted to the Commissioner or Guild Council, whichever is applicable, in the format outlined in 631(2)(b).

(e) Any candidate that breaches the Student Charter of Rights and Responsibilities or Code of Conduct in the course of the Election shall be referred to the UWA Board of Discipline.

Back to top