(1) The University is required to conduct elections for: (2) Section 26AA of the Act requires the Senate to make an election policy about the conduct of elections for elected members of the Senate. (3) Section 35(2) of the Act provides that the Senate must determine the membership of the Academic Board. The Senate has established the Academic Board Policy which identifies that certain members of the Academic Board are to be elected. (4) Capitalised terms used in this Policy are defined in section 6. (5) This Policy sets out the framework for the conduct of the Senate elections and the Academic Board elections and seeks to ensure the integrity and security of those election processes. (6) This Policy applies to all staff, students, candidates nominated for election and all other persons who are eligible to participate and vote in a Senate election or Academic Board election. (7) The University will ensure that the election of members of the Senate and the Academic Board is open, transparent and fair. (8) The Returning Officer is responsible for the conduct of Elections and ensuring candidate conduct during an election complies with the Electoral Code. (9) Subject to the provisions of the Act and the ‘Senate and Electoral Committee’ provisions of this Policy, the decision of the Senate Electoral Committee or the Election Review Committee on all complaints lodged in accordance with the ‘Election Review Committee’ provisions is final. (10) Section 15(2) of the Act lists the classes of persons from which members of Senate are elected. (11) The persons who are eligible to vote for each class of member for the Senate are set out in the table below: (12) Where a person is a member of more than one class mentioned in section 15(2) of the Act (class), that person may only be nominated to stand for election in one class at any one election but is eligible to vote for each class. (13) Persons who are eligible to vote in an election for an elected member of the Academic Board are set out in the Academic Board Policy. (14) A person may only vote for the class of membership of the Academic Board for which they are on the Electoral Roll. (15) A person who is a member of a class of persons mentioned in section 15(2) of the Act is eligible to be nominated to stand for election for that class of elected member provided that person is also eligible to vote for that class of elected member as set out in the table in at clause 11 of this Policy. (16) Where a person is a member of more than one class, that person may only nominate to stand for election in any one class at any one election but is eligible to vote for each class of which they are a member. (17) The candidates who are eligible to be nominated to stand for a position as an elected member of the Academic Board are set out in the Academic Board Policy. (18) The Returning Officer will create electoral rolls for each Senate and Academic Board election (Electoral Rolls) in the classes mentioned below: (19) The following details may be recorded in the Electoral Roll: (20) The relevant Electoral Rolls close at 4pm on the final day prescribed for receipt of nominations. Any person eligible under Part A ‘Eligibility to Vote in an Election’ of this Policy for inclusion in an Electoral Roll and whose name has not been entered onto that Electoral Roll, may apply to the Returning Officer before closure of the Electoral Rolls for inclusion on the roll. If the Returning Officer is satisfied that the applicant is entitled to be enrolled, the Returning Officer must enter the person’s name on the appropriate Electoral Roll. (21) Where any person who appears in a class of the Academic Board Electoral Roll and has lost, prior to the election, the eligibility to be in that class or becomes otherwise disqualified, the Returning Officer will remove that person’s name from that Electoral Roll or transfer it to the class for which that person is or will be eligible. (22) Elections will be held by electronic ballot through an electronic voting system. (23) The Returning Officer may, in circumstances the Returning Officer considers appropriate, issue hard copy ballot papers containing information set out in Part I ‘Electronic Voting’ of this Policy. Hard copy ballots will be posted to the nominated address. (24) At each Election, the voting will be conducted by secret ballot. (25) The Returning Officer will announce the Senate election by a notice on the University’s website. (26) The notice must be provided at least 30 days before the start of the relevant Voting Period and must: (27) In addition to announcing the Senate election on the University's website, the Returning Officer will, where reasonably possible, notify by email all persons on the relevant Electoral Roll and eligible to vote in the class that an Election is to be conducted. (28) For Academic Board elections, the Returning Officer will, where reasonably possible, notify by email all persons on the relevant Electoral Roll and eligible to vote in the class that an Election is to be conducted. (29) For every Election, the Returning Officer will prescribe the Voting Period, which must be a minimum of 7 days and a maximum of 14 days. (30) For Senate elections, the start of the Voting Period must be no less than 30 days after the notice of the Election under Part E, ‘Senate Elections’ provisions. (31) For Academic Board elections, the start of the Voting Period must be no less than 7 days after the notice of the Election under Part E ‘Academic Board Elections’ provisions. (32) To be a candidate in an Election a person must be nominated in accordance with these provisions. (33) Nominations must: (34) Nominations received after 4pm on the final day prescribed for receipt of nominations will not be accepted. (35) Where a candidate is eligible for nomination in more than one class in an election, the candidate must: (36) A candidate wishing to withdraw their nomination must do so in writing to the Returning Officer no later than 3 days before the commencement of the Voting Period. (37) The Returning Officer will review and confirm: (38) If a candidate is disqualified before the Voting Period commences, the Returning Officer will use their best efforts to remove the name of such disqualified candidate from the ballot. (39) If a candidate is disqualified after the commencement of the Voting Period, the Returning Officer will use their best efforts to inform those persons eligible to vote of the disqualification and to remove the name of such disqualified person from the ballot. (40) If votes have been cast for the disqualified candidate, then those votes will be counted and will be distributed among the remaining candidates in accordance with Part L ‘Counting of Votes’ of this Policy. (41) If, when nominations close, the number of candidates equals or is less than the number of positions to be filled, the Returning Officer may declare the nominated candidates duly elected. In cases where there are still positions to be filled: (42) If, when nominations close, the number of candidates exceeds the number of positions to be filled, the Returning Officer must conduct an Election by vote. (43) The Returning Officer will, where reasonably possible, make available to each person entitled to vote access to the Election website (‘Website’). The Website will set out: (44) The Returning Officer will make available to each person entitled to vote, access to the electronic voting system (Voting System). The Voting System will enable the voter to cast their vote and indicate their preference/s among the candidates. (45) The Voting System will: (46) If hard copy ballot papers are issued to persons eligible to vote in the Elections: (47) A hard copy ballot paper must be received by the Returning Officer before the close of the Voting Period. This ballot paper is to be lodged at the address set out in the ballot paper. (48) Subject to Part A ‘Eligibility to Vote in an Election’, a person cannot vote more than once in an Election. (49) In order to ensure security and integrity of the Election in respect of electronic voting, the Returning Officer will appoint two persons, who are not less senior than the Returning Officer, as observers. Candidates are not permitted to nominate a person to be an observer. (50) In the case of votes cast electronically, the role of an observer is to: (51) Where hard copy votes are cast in an election, the Returning Officer can appoint an observer to also be a scrutineer, who is not less senior than the Returning Officer. In this case, the role of the scrutineer is to: (52) Observers and Scrutineers must not disclose the results of an election before the Returning Officer declares the election results under Part M, ‘The Returning Officer to Declare the Result of the Election’ provisions. (53) The results of an Election are not invalidated because an observer or scrutineer failed or refused to carry out their duties under this Policy, or failed to maintain confidentiality in the Election process. (54) The Returning Officer may appoint another person as an observer or scrutineer for the Election in the place of any observer or scrutineer who fails or refuses to carry out their duties in that Officer’s sole discretion. (55) Only valid votes will be included in the count. In the case of votes cast by use of the Voting System, voter validation will take place at the time of logging into the Voting System to cast a vote. Once a voter casts their vote and logs off the Voting System, the vote is deemed to be permanently cast and cannot be altered. (56) For Elections where one member is to be elected as a member of Senate or the Academic Board, votes are counted as follows: (57) For Elections where more than one member is to be elected as a member of Senate or the Academic Board in a specific class, votes are counted as follows: (58) At the close of voting, a printed report of the total votes cast will be prepared by the Returning Officer. (59) In the presence of the observers and scrutineers (if applicable), the Returning Officer will examine the reports of the votes cast and record the total number of votes cast for each candidate. The Returning Officer and the observers (and scrutineers, if applicable) will then sign and confirm that the reports are a true and correct record of the votes cast in the Election. (60) The Returning Officer will declare the result of the Election by: (61) The Returning Officer may withhold declaring the result of the Election if: (62) In the event that the Website or the Voting System is temporarily unavailable, there will be no extension of the Voting Period except if the interruption occurs in the 24-hour period before the Election closes, in which case the Voting Period will be extended by the length of time that the Website or the Voting System was unavailable. The Returning Officer will, where reasonably practicable, notify by email persons on the relevant Electoral Roll and persons who have not voted that the Voting Period has been extended. (63) An Election remains valid even where there has been: (64) The Returning Officer must conduct a re-election if: (65) The Returning Officer must follow the procedure set out below in conducting the re-election: (66) This Policy applies to any re-election with any necessary modifications relevant to it being a re-election. (67) The Electoral Code sets out the conduct required of candidates before or during an Election campaign and includes provisions to ensure that no person who is eligible to vote is improperly influenced. The Electoral Code forms part of and is an addendum to this Policy. (68) Candidates must comply with the Electoral Code, as amended from time to time, by the Senate. (69) If, in the opinion of the Returning Officer, a candidate is found to have failed to comply with the Electoral Code, the Returning Officer may: (70) A candidate may apply to the Election Review Committee for a review of the decision by the Returning Officer to impose a sanction on a candidate for a breach of the Electoral Code. (71) Other than complaints about the conduct of the Returning Officer, a person may lodge a complaint with the Returning Officer about the way an Election has been conducted or about the behaviour of individuals (including a candidate breaching the Electoral Code) during an Election. All complaints must be made in writing to the Returning Officer at uqelections@uq.edu.au. (72) Complaints must be made by an individual and cannot be made on behalf of a group of others. (73) The Returning Officer will acknowledge the complaint, investigate and reach a decision as soon as practicable. (74) A person may lodge a complaint about the conduct of the Returning Officer during or after an election under the Complaints Management Policy. (75) In the event of any uncertainty about whether a complaint falls under the ‘Complaints to Returning Officer’ or ‘Complaint about the Returning Officer’ provisions, the Chief Operating Officer will determine the appropriate section. (76) A person may apply to the Election Review Committee for a review of a decision of the Returning Officer under Part P ‘Electoral Code’ or Part Q, ‘Complaints to Returning Officer’ provisions, of this Policy. (77) The Election Review Committee comprises the Provost and the Chief Operating Officer. An application must be made in writing to the Chief Operating Officer citing the decision of the Returning Officer. The decision of the Election Review Committee with respect to the outcome of a review of a complaint is final. (78) The Senate Electoral Committee is established. (79) The Senate Electoral Committee will: (80) If an alleged breach of the Electoral Code is referred to the Committee by the Returning Officer, the Committee must conduct a hearing pursuant to the procedures set out in the ‘Procedure for Senate Electoral Committee’ provisions of this Policy. The Committee may take any of the following actions in response to allegations of breaches of the Electoral Code: (81) If the Committee decides to invalidate the election of a candidate as a result of a breach of the Electoral Code that candidate is not permitted to stand in any re-election under Part O ‘Holding a Re-election’. (82) The Committee's decision is final. (83) When dealing with a referral from the Returning Officer for an alleged breach of the Electoral Code, the Committee must proceed to consider the alleged breach in the way the Committee chair decides, but it must observe the following requirements: (84) In considering a breach of the Electoral Code, the Committee must make a decision based on sound reasoning and relevant evidence. (85) Any action under Part P ‘Electoral Code’ and Part S ‘Senate Electoral Committee’ of this Policy does not prevent the University from taking action against a candidate for a breach of other University requirements, for example, the Student Integrity and Misconduct Policy. (86) The Chief Operating Officer is responsible for appointing an appropriately qualified member of staff to be the Returning Officer. The Returning Officer must not be a person who is more senior than the Chief Operating Officer. The Returning Officer for a Senate Election or an Academic Board Election need not be the same person. (87) The Returning Officer is responsible for the conduct of Elections under this Policy. (88) Candidates for election under this Policy are required to comply with the standards of behaviour and conduct set out in this Policy, the Electoral Code, and the Staff Code of Conduct Policy or the Student Code of Conduct Policy (whichever is applicable). (89) The Senate Electoral Committee considers allegations of breaches of the Electoral Code as set out in Part S ‘Senate Electoral Committee’ of this Policy. (90) The Returning Officer is required to ensure that Senate and Academic Board elections are conducted in accordance with the principles and key requirements of this Policy. The Director, Governance and Risk will review and provide an annual assurance report to the Chief Operating Officer on the adequacy, efficiency and effectiveness of this Policy. (91) After the declaration of the result of an Election, the Returning Officer must retain printed copies of the electronic records of voting for the period of time required by the Public Records Act 2002, after which time the Returning Officer must destroy or delete the electronic records.Senate and Academic Board Elections Policy
Section 1 - Purpose and Scope
Context
Purpose
Section 2 - Principles and Key Requirements
Part A - Eligibility to Vote in an Election
Senate Elections
Relevant section of the UQ Act
No of elected members
Class of person to be elected to the Senate
Persons eligible to vote for that class of person
15(2)(a)
1
Academic Board of the University
All members of the Academic Board.
15(2)(b)
1
University full-time or part-time academic staff
- All members of the full-time academic staff; and
- Those members of the part-time academic staff employed under a contract with a term of employment of 6 months or more requiring at least 18 hours of work each week.
15(2)(c)
1
University full-time or part-time general staff
- All members of the full-time general staff; and
- Those members of the part-time general staff employed under a contract with a term of employment of 6 months or more requiring at least 18 hours of work each week.
15(2)(d)
1
Undergraduate Student of the University
All undergraduate students enrolled in a course or program leading to the award of an undergraduate certificate, degree or diploma of the University.
15(2)(e)
1
Postgraduate Student of the University
All postgraduate students enrolled in a course or program leading to the award of a postgraduate certificate, degree or diploma, or a master's or doctoral degree, of the University.
15(2)(f)
3
Graduates of the University, other than persons eligible for membership under Sections 15(2)(a), (b), (c) (d) or (e) of the UQ Act
All graduates awarded:
(a) an undergraduate certificate, degree or diploma of the University or the former Queensland Agricultural College; or
(b) a postgraduate certificate, degree or diploma, or a master's or doctoral degree, of the University or the former Queensland Agricultural College.Academic Board Elections
Part B - Eligibility to be Nominated
Senate Elections
Academic Board Elections
Part C - Electoral Rolls
Creation of Electoral Rolls
Particulars to be Included in Electoral Rolls
Closure and Amendment of Electoral Roll
Part D - Mode of Election
Part E - Notification of an Election
Senate Elections
Academic Board Elections
Part F - Voting Period
Part G - Nominations
Process for Nomination
Returning Officer to Confirm
Disqualification of Candidate Before Commencement of the Voting Period
Disqualification of Candidate After Commencement of the Voting Period
Part H - Requirement for an Election
Part I - Electronic Voting
Election Website
Electronic Voting System
Part J - Hard Copy Ballot
Part K - Observers and Scrutineers
Observers
Results
Part L - Counting of Votes
Only One Member to be Elected
More Than One Elected Member
Part M - Counting of Votes
Actions by the Returning Officer
The Returning Officer to Declare the Result of the Election
Website or Electronic Voting System Not Available
Part N - Validity of Election
Part O - Holding a Re-election
When is a Re-election Required
Procedure for Conducting a Re-election
Part P - Electoral Code
Part Q - Complaints
Complaints to Returning Officer
Complaint about the Returning Officer
Part R - Election Review Committee
Part S - Senate Electoral Committee
Committee and Breach of the Electoral Code
Power of Senate Electoral Committee
Procedure for Senate Electoral Committee
Basis for Decision
Part T - Relationship with other Policies and Procedures
Section 3 - Roles, Responsibilities and Accountabilities
Chief Operating Officer
Returning Officer
Candidates
Senate Electoral Committee
Section 4 - Monitoring, Review and Assurance
Section 5 - Recording and Reporting
Section 6 - Appendix
Definitions
Term
Definition
Act
Means the University of Queensland Act 1998.
Candidate
Means a candidate nominated under Part G ‘Nominations’ of the Policy.
Committee
Means the Senate Electoral Committee established under Part S ‘Senate Electoral Committee’ of this Policy.
Election
Means the election of elected members to the Senate or the Academic Board.
Electoral Code
Means the University of Queensland Electoral Code.
Electoral Rolls
Means those lists of voters created or maintained by the Returning Officer of persons eligible to vote for Senate and Academic Board Elections.
Postgraduate Coursework Student
Means a postgraduate student other than a postgraduate research student.
Postgraduate Research Student
Means a postgraduate student enrolled in a Higher Degree by Research (HDR) program, comprising Master of Philosophy (MPhil), Doctor of Philosophy (PhD) and Professional Doctorate programs at the University.
Postgraduate Student
Means a student enrolled in a course or program leading to the award of a postgraduate certificate or diploma, or a master’s or doctoral degree, of the University.
Procedural Irregularity
Means a procedural breach of this Policy.
Returning Officer
Means the staff member of the University appointed under Section 3, ‘Chief Operating Officer’ provisions of this Policy.
Student
Means a student enrolled in the University.
Undergraduate Student
Means a student who is not a postgraduate student.
University
Means The University of Queensland.
Voting Period
Means the period from the first day of voting to the last day of voting as notified under Part F ‘Voting Period’ of this Policy.
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