THE AUSTRALIAN NATIONAL UNIVERSITy

Academic Board Rule 2017

 

Council of the University makes the following rule.

Dated 1 December 2017

 

 

 

Professor the Hon Gareth Evans AC QC FASSA FAIIA

Chancellor

 

 

Contents

Part 1— Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Members of College Executive Committees

6 Members of the academic staff

7 Members of the professional staff

Part 2— Functions

8 Academic Board functions

9 Committees and working groups

Part 3— Membership

10 Members

11 Chair and Deputy Chair

12 Vacancies etc.

Part 4— Meetings

13 Meetings

14 Alternates

15 Rights of alternates

Part 5— Board elections

Division 5.1— General

16 Provisions applying to Board elections

17 Elections: preferential voting and secret ballot

18 Appointment of returning officer etc.

19 Conduct of election by returning officer

20 Decisions of returning officer final etc.

Division 5.2— Election definitions

21 Definitions for Part 5

Division 5.3— Eligibility to be elected and vote

22 Eligibility: election for College Executive Committee members

23 Eligibility: election for academic staff members of ANU Colleges

24 Eligibility: election for professional staff members

Division 5.4— Conduct of election

25 Elections conducted electronically

26 Intervals to be allowed by returning officer

27 Notice of election

28 Nominations to be made to returning officer

29 Nomination requirements

30 Nominations not exceeding positions to be filled

31 Voting papers and notice

32 Envelopes to be issued with voting paper

33 Voting papers to contain candidate names etc.

34 Lost or destroyed voting papers

35 Instructions on voting papers

36 Voting must comply with instructions

37 Disclosure of vote prohibited

38 Acceptance or rejection of voting papers

39 Opening of envelopes at close of poll etc.

40 Nomination of scrutineers

41 Ineligible votes not to be accepted

42 Deciding result of election

43 Equal numbers of votes: exclusion of candidate

44 Deciding order of voter’s preference

45 Exhausted voting papers

46 Recount

47 Declaration that election void

Division 5.5— Other election provisions

48 Giving notices etc.

Part 6— Miscellaneous

49 Approved forms

50 Delegation by Vice-Chancellor

51 Repeal

52 Transitional: certain existing members of Academic Board

53 Transitional: certain members of former ANU Colleges

 

Part 1—Preliminary

This is the Academic Board Rule 2017.

This instrument commences on 1 January 2018.

This instrument is made under the Australian National University (Academic Board) Statute 2017, section 5.

In this instrument:

Board means the Academic Board.

College Executive Committee position: see section 5(1) (Members of College Executive Committees).

exercise a function includes perform the function.

function includes authority, duty and power.

member:

(a)    of the academic staff—see section 6 (Members of the academic staff); and

(b)    of a College Executive Committeesee section 5(2) (Members of College Executive Committees); and

(c)    of the professional staff—see section 7 (Members of the professional staff).

postgraduate student association means the Australian National University Postgraduate and Research Students’ Association Incorporated, an association incorporated under the Associations Incorporation Act 1991 (ACT).

student association means the postgraduate student association or undergraduate student association.

student member means the postgraduate student member or the undergraduate student member.

undergraduate student association means the Australian National University Students’ Association Incorporated, an association incorporated under the Associations Incorporation Act 1991 (ACT).

working day means a day that is not a Saturday, a Sunday, a public holiday in the Australian Capital Territory, or a University holiday.

[Note: Section 21 has definitions that apply only to Part 5 (Board elections).]

(1)    In this instrument, a reference to a member of the academic staff is a reference to a person employed by the University as a full-time or part-time standard or fixed term member of the academic staff of or above the grade of academic level A.

(2)    To remove any doubt, the members of the academic staff include the Vice-Chancellor, Provost, Deputy Vice-Chancellors, Pro Vice-Chancellors, College Deans and other Deans, and Research School Heads.

(3)    If the Vice-Chancellor considers that there may be doubt about whether a person employed by the University is employed as a member of the academic staff or as a member of the academic staff of a particular ANU College, the Vice-Chancellor may, in writing, determine that the person is to be treated, for this instrument, as a member of the academic staff or as a member of the academic staff of that ANU College.

(1)    In this instrument, a reference to a member of the professional staff is a reference to a person employed by the University as a full-time or part-time standard or fixed term member of the professional staff.

(2)    If the Vice-Chancellor considers that there may be doubt about whether a person employed by the University is employed as a member of the professional staff, the Vice-Chancellor may, in writing, determine that the person is to be treated, for this instrument, as a member of the professional staff.

Part 2—Functions

The Academic Board may establish committees and working groups to assist it to exercise its functions.

Part 3—Membership

[Note: An appointed member of the Board may be reappointed (see Acts Interpretation Act, s 33AA (Power to appoint includes power to reappoint).]

[Note: The Chair and Deputy Chair may be reappointed (see Acts Interpretation Act, s 33AA (Power to appoint includes power to reappoint).]

[Note: The positions mentioned in section 10(1)(l) to (r) are the academic staff positions elected from the ANU Colleges. The positions mentioned in section 10(1)(t) and (u) are the student member positions. The position mentioned in section 10(2) is the Indigenous academic staff member position.]

[Note: A person may cease to be eligible to be elected under the following provisions:

Part 4—Meetings

[Note: It is expected that the Board will meet at least 6 times a year.]

[Note: The Acts Interpretation Act has provisions applying to the acting (see s 33A(2) and (3)).]

[Note: Under the Acts Interpretation Act, s 33B, the Board may permit members to participate in meetings by telephone, close-circuit television or any other means of communication.]

required number, of members of the Board, means:

[Note: Section 10(2) provides for the appointment of a member of the academic staff who is an Indigenous person as a member of the Board if there is not an Indigenous person holding a position on the Board.]

An alternate for a member of the Academic Board:

Part 5—Board elections

[Note: Section 10(1)(l) to (r) relates to the academic staff members elected from the ANU Colleges.]

An election must be conducted by:

(1)    The appointing officer may, in writing, appoint a person as returning officer to conduct an election or elections under this instrument.

(2)    The appointing officer must ensure that there is returning officer appointed for each election conducted under this instrument.

(3)    The power to appoint a person as returning officer must be exercised personally by the appointing officer.

(4)    The returning officer may, in writing, appoint deputies to assist the returning officer to conduct an election or elections under this instrument.

(5)    In this section:

appointing officer means:

[Note: Section 10(1)(k) relates to the academic staff members elected from the College Executive Committees and section 10(1)(s) relates to the professional staff members elected from the professional staff. Section 10(1)(l) to (r) relates to the academic staff members elected from the ANU Colleges.]

The returning officer for an election must ensure that the election is conducted fairly, and, in particular, the returning officer must take reasonable steps to ensure that persons eligible to become candidates and vote in the election:

(a)    are given reasonable notice of the opportunity to become candidates and vote; and

(b)    are given reasonable information about how and when they may become candidates and vote; and

(c)    have a reasonable opportunity to become candidates and vote in the election.

A decision of the returning officer for an election about the conduct or result of the election is final and not subject to appeal or review in any way

Division 5.2—Election definitions

(1)    This section prescribes definitions that apply in relation to an election for a member of the Academic Board conducted under this instrument.

(2)    In this Part:

close of nominations means the date and time by which nominations in the election must reach the returning officer.

declaration day means the day the returning officer declares the result of the election.

election provisions means this Part.

nominations invitation day means the day the returning officer invites nominations of persons eligible to be elected in the election.

[Note: See section 27(2)(b) (Notice of election).]

payday means a day on which the salaries of the majority of members of staff of the University are paid.

relevant payday means the payday immediately before the nominations invitation day.

returning officer means the person who is appointed under section 18 (Appointment of returning officer etc.) to conduct the election.

(2)    A person is to be regarded as a member of the professional staff for the purpose of being eligible to be elected in the election or to vote in the election if, on the relevant payday, the person is paid salary by the University as a member of the professional staff.

(3)    However, a person ceases to be eligible to be elected in the election if, on the day immediately before the declaration day, the person is no longer a member of the professional staff.

Division 5.4—Conduct of election

In the conduct of the election, the returning officer must allow the following intervals:

Nominations of candidates in the election must be made to the returning officer.

A nomination must:

[Note: A candidate may cease to be eligible to be elected under the following provisions:

The returning officer must issue the following envelopes with every voting paper:

Every voting paper must contain the names of the candidates, in the order decided by the returning officer in public by lot, and indicate any retiring candidate.

If a person’s voting paper is lost or destroyed, the returning officer must give the person a duplicate on the person’s written application.

The following instructions must be set out at the head of every voting paper:

INSTRUCTIONS TO VOTER

1. Indicate your preference, or the order of your preferences, on this voting paper by writing the number 1 against the name of the candidate for whom you wish to vote or by writing a series of consecutive numbers, beginning with the number 1, against the names of the candidates for whom you wish to vote, one number being written against the name of each such candidate. You are not required to write a number against the name of every candidate.

2. Place this voting paper in the envelope marked ‘Voting Paper’.

3. Seal that envelope and place it in the envelope addressed to the returning officer.

4. Sign the declaration on the envelope addressed to the returning officer and post or deliver the envelope to the returning officer.

A voter must vote in accordance with the instructions mentioned in section 35 (Instructions on voting papers).

The returning officer, a deputy of the returning officer or a scrutineer must not disclose, or assist in disclosing, how any voter has voted.

returning officer envelope means the envelope, addressed to the returning officer, issued by the returning officer under section 32(b) (Envelopes to be issued with voting paper).

voting paper envelope means the envelope, marked ‘Voting Paper’, issued by the returning officer under section 32(a).

[Note: Both envelopes are issued with every voting paper. The completed voting paper is placed inside the voting paper envelope, which in turn is placed inside the returning officer envelope (see s 35 (Instructions on voting papers).]

Each candidate is entitled to nominate a scrutineer to represent the candidate at the scrutiny.

The returning officer must not accept a vote unless the returning officer is satisfied that:

(11)    However, if a candidate has (or 2 or more candidates have) ceased to be eligible to be elected and:

(a)    the number of candidates remaining does not exceed the number of positions to be filled—the returning officer must declare the remaining candidate or candidates to be elected; or

(b)    the number of candidates remaining exceeds the number of positions to be filled—each candidate who has ceased to eligible to be elected must be excluded, and each voting paper counted to each of the excluded candidates must be counted to the candidate next in order of the voter’s preference.

[Note: A candidate may cease to be eligible to be elected under the following provisions:

In deciding which candidate is next in the order of the voter’s preference, any candidates who have been excluded must not be considered, and the order of the voter’s preference must be decided as if the names of those candidates had not been on the voting paper.

If on any count there is no candidate next in the order of the voter’s preference on any voting paper, the voting paper must be set aside as exhausted.

Part 6—Miscellaneous

(1)    The Vice-Chancellor may, in writing, approve forms for this instrument.

(2)    If the Vice-Chancellor approves a form for a particular purpose, the form must be used for that purpose.

(3)    The Vice-Chancellor must ensure that approved forms are publicly available on the University’s website or any other way that the Vice-Chancellor considers appropriate.

The Vice-Chancellor may, in writing, delegate all or any of the Vice-Chancellor’s functions under this instrument (other than a function that must be exercised personally) to a member of the staff of the University.

The Academic Board and Committees Rule 2016 is repealed.

(1)    This section applies to a person who held office (the relevant office) as the Chair or other elected, appointed or nominated member of the Academic Board immediately before the day this section commences (the commencement day).

(2)    The person is taken to hold the relevant office under this instrument, for the balance of the term of the person’s term of office that remained immediately before the commencement day, as if the person had been elected or appointed, as the case may be, to the relevant office under this instrument.

(3)    This section does not apply to the Dean, ANU Medical School.

(1)    This section applies to a person if:

(2)    The person is taken never to have ceased, or to cease, to be eligible to be elected only because the person is no longer a member of the academic staff of the former ANU College.