Standing Orders of the Senate

SCHEDULING OF MEETINGS

1. In accordance with the provisions of Statute 1—

(a) the Senate must schedule at least six ordinary meetings each year, the dates for which must be determined in the previous year;

(b) the Senate has power to adjourn a meeting to a date that is before the next scheduled meeting date;

(c) if the Chancellor is satisfied that there is insufficient business for an ordinary meeting of the Senate, the meeting may be cancelled;

(d) at least five days' notice of cancellation of the meeting must be given.

2. At its final meeting each year, the Senate must appoint an Executive Committee to deal with urgent and emergent matters prior to the first meeting of the Senate of the following year.

RECEIPT OF CORRESPONDENCE/NOTICE OF MOTION

3.(1) Correspondence for consideration at a Senate meeting must be received ten days before the meeting.

(2) Correspondence received after this date may only be considered at the meeting concerned if, in the opinion of the Vice-Chancellor, it is urgent.

4.(1) All notices of motion must be in writing and duly signed, and must reach the Registrar ten days before the day of the meeting.

(2) A notice of motion may be given by one member on behalf of another member providing that it is signed and submitted within the time period specified in (1).

DISTRIBUTION OF AGENDAS

5.(1) The Registrar must provide each member of the Senate with a notice of all matters to be considered at a meeting.

(2) The notice must be delivered or transmitted at least five days before the day of the meeting, except in a case of special urgency, when two days' notice is sufficient.

FORMAT OF AGENDAS

6.(1) The agendas for ordinary meetings of Senate must be divided into—

(a) Part 1 (items for communication to be taken en bloc):

(b) Part 2 (items for decision to be taken en bloc, provided that any recommendation from the Chancellor is accepted and no item is transferred to Part 3); and

(c) Part 3 (items for discussion and decision).

7.(1) Any member may ask, either before or at the beginning of the meeting, that a Part 1 or 2 item be transferred to Part 3 of the agenda, and any such items are considered after the business in Part 3 has been completed unless the Chancellor determines that they may be dealt with earlier.

(2) The agendas for ordinary meetings include any or all the following, allocated appropriately to Part 1, 2 and 3, in an order to be determined by the Chancellor:

(a) amendment, confirmation and signature by the Chair of the minutes of the last meeting;

(b) matters arising out of the minutes;

(c) conferring of degrees, diplomas and certificates;

(d) report of the Vice-Chancellor and President;

(e) items from the Academic Board and Academic Council;

(f) reports of the Legislative Committee;

(g) reports of the Senate's Standing Committee;

(h) reports of ad hoc committees;

(i) business brought forward by officers of the University;

(j) notices of motion, adjourned business and other business raised by members.

8.(1) All reports of the Senate Standing Committees must separate items into 'Items for the Information of Senate' and 'Items for the Consideration by the Senate' (including items which contain recommendations to the Senate and items which are likely to require immediate discussion by the Senate).

(2) 'Items for the Information of Senate' from each Standing Committee's Report must be attached to Part 1 of the Senate agenda for Senate members' information, and 'Items for the Consideration by the Senate' must appear in Part 2 or Part 3 of the agenda.

(3) For items in Part 3 of the agenda, the Chair of the committee concerned, or in the absence of the Chair, the Deputy Chair or another member of the committee appointed by the Chancellor, must introduce each of the items for consideration by the Senate, and move any motions arising from formal recommendations to the Senate made by the Committee.

QUORUM

9. At any meeting of the Senate, eight members constitute a quorum.

10. In accordance with the provisions of Statute 1, if a quorum is not present within 15 minutes after the time appointed for a meeting, whether ordinary or special, all business which should have been transacted at the meeting must be either deferred until the next ordinary meeting, at which it must take precedence, or be dealt with by circulation in accordance with 45.

ATTENDANCE

11.(1) Members are expected to attend an many meeting of the Senate as possible.

(2) Members must submit a formal apology to the Executive Officer if they will be unable to attend a meeting.

(3) Members must seek leave of absence from the Senate if they will be absent for more than three consecutive meetings.

(4) The Executive Officer must report formally to Senate if a member is absent for more than three consecutive meetings without Senate's approval of leave of absence, or if a member is absent for more than 50 per cent of the meetings held in any year.

12. Any interested person may attend Senate meetings for items of business taken in Open Senate, provided that they have notified the Executive Officer at least two University working days before the meeting and provided that there is seating capacity for them to do so.

ELECTRONIC ATTENDANCE

13.(1) Members are normally expected to be in physical attendance at meetings but in exceptional circumstances, when a member is not able to attend physically, and at the discretion of the Chancellor, members may participate in the meeting for specific items by electronic means.

(2) The Chancellor must acknowledge the arrival and departure of electronic attendees.

(3) Electronic attendance must be recorded as such in the minutes.

(4) The means of electronic communication to be used is at the discretion of the Chancellor.

(5) Except in exceptional circumstances, a member wishing to participate electronically at a meeting must submit their request to the Executive Officer at least two University working days before the meeting.

(6) Electronic attendees are expected to have read the agenda papers and to have access to suitable electronic means for receiving tabled documents.

CHAIR

14.(1) In accordance with the provisions of Section 24 of the University of Western Australia Act, the Chancellor chairs all meetings of the Senate.

(2) During the Chancellor's absence, all the powers which are conferred on the Chancellor in these Standing Orders vest in the Pro-Chancellor.

(3) Should both the Chancellor and the Pro-Chancellor be absent from a meeting, such powers vest in the Chair elected by the members of the Senate present at the meeting.

CONDUCT OF BUSINESS

15. Senate business is conducted in the following modes:

(a) Open Senate which may be attended by Senate members, the Registrar and/or University Secretary as Executive Officer, the Senior Deputy Vice-Chancellor, other interested persons, subject to the provisions of 12;

(b) Closed Senate which may be attended only by Senate members, the Registrar and/or University Secretary as Executive Officer, the Senior Deputy Vice-Chancellor and other officers of the University, by invitation of the Chancellor for particular items, whom Senate may need to consult for information.

16. If a decision is taken before or at the start of a meeting that some items of business will be dealt with in closed Senate, the Chair must ensure that the agenda is ordered accordingly.

17. At the discretion of the Chair the Senate may move into closed session at any stage of a meeting.

18. If the Vice-Chancellor indicates that it is not possible to reply adequately at short notice to any incidental question raised by a member, the Vice-Chancellor may take such question on notice.

19. A member is not permitted to introduce for discussion at a meeting a subject which is not on the agenda for the meeting unless two-thirds of the members present agree to permit this.

20. At a special meeting (i.e. a meeting additional to those on the annual schedule) only the business specified in the agenda may be considered.

VOTING

21.(1) A question must be decided on the voices or by a show of hands, unless a ballot is requested by at least five members.

(2) If a question is to be decided by ballot, any member permitted to attend by electronic means in accordance with 13 may only vote if they have at their disposal a suitable mechanism, approved by the Chancellor, for casting their vote.

22. The Chair has a vote, and in the case of an equality of votes, a second or casting vote.

23.(1) Members may require the votes on any question to be recorded in detail in the minutes.

(2) Members may require also that their opposition to a motion which is carried, be recorded by name in the minutes.

RULES OF DEBATE

24.(1) The business of Senate is normally conducted through informal discussion based on the principles set out in the Senate Code and at the discretion of the Chancellor.

(2) When Senate determines to apply formal rules of debate to an item of business, the rules set out in Clauses 25 to 38 must apply.

25. If the Chair wishes to take part in a debate, he or she may vacate the chair and ask any member to act as Chair.

26. Any member wishing to speak must signify this wish to the Chair.

27. When two or more members indicate that they wish to speak, the Chair must invite them to do so in the order in which, in his or her opinion, they first indicated their wish to speak.

28. A reply must be allowed to a member who has made a substantive motion, but not to any member who has moved an amendment.

29. No member may speak to any question after it has been put by the Chair and the show of hands or ballot has been taken on the matter.

30. In the absence of a member who has given notice of motion any member present may move such motion, provided he or she has the authority of the member who gave such notice.

31. A motion may be amended or withdrawn by the mover with the leave of the Senate.

32. A motion which has been brought forward as part of a committee report has precedence over any other motion on the issue under consideration and must be dealt with first.

33. A motion or amendment which is not seconded must not be discussed further, and must not be entered in the minutes.

34. When amendments have been proposed and defeated or withdrawn, the motion must be put as originally proposed.

35. A motion may be superseded either:

(a) by a motion 'that the Senate proceed to the next business'; or

(b) by the motion 'that the Senate now adjourn', either of which, if seconded, must be put immediately.

36. A debate may be closed by the motion 'that the question be now put', being proposed, seconded, and carried, which question must be put immediately without amendment or debate.

37. Unless previous notice has been given, a motion to rescind any decision of the Senate cannot be carried except by an absolute majority of the Senate.

38.(1) A member may at any time move that the strict order of debate be followed.

(2) The motion must be put to the vote without debate and if carried, no member without the permission of the Chair may speak more than once during a debate, except that—

(a) the mover of the original motion may reply; or

(b) if an amendment is defeated, a member may second a further amendment.

(3) A member who may have been misrepresented or misunderstood must be allowed to explain immediately before the mover replies.

(4) When an amendment becomes the question it must be open to discussion as though it were an original motion.

MINUTES

39. The proceedings of all Senate meetings must be minuted and the minutes retained.

40. The minutes of each meeting of the Senate must be circulated to members within a reasonable period following the meeting and confirmed or amended by resolution of the Senate at the following meeting.

AD HOC COMMITTEES

41. The Senate may refer any matter to an ad hoc committee set up for a specific purpose.

42.(1) Unless it is otherwise determined by the Senate, ad hoc committees must consist of five members, three of whom constitute a quorum.

(2) The Chancellor is an ex-officio member of all committees, and has the right, if he or she wishes, to act as Chair.

(3) If the Chancellor does not choose to act as Chair, the committee must elect a Chair.

43. The Chair has a vote, and in the case of an equality of votes, a second or casting vote.

OPERATION OF ELECTRONIC EQUIPMENT DURING MEETINGS

44.(1) Except with the prior permission of the Chancellor, no member may operate electronic equipment, such as laptop computers or mobile phones or pagers, during a meeting of the Senate.

(2) The Chancellor must advise the Senate of any approvals which have been given under (1).

ELECTRONIC CIRCULATION OF MATERIAL BETWEEN MEETINGS

45.(1) The Chancellor may authorise the electronic circulation of materials for Senate decision between meetings, provided that—

(a) the Chancellor is satisfied that there is a clear reason for dealing with the materials before the next meeting;

(b) the materials contain a clear recommendation from the Chancellor on what decision should be taken; and

(c) members are given the option of requiring that the matter(s) concerned be deferred for discussion and decision at the next meeting; and other than in exceptional circumstances, members are given at least five clear University working days to lodge a request that the matter(s) concerned be deferred for discussion and decision at the next meeting.

(2) The electronic circulation of materials set out in (1) must be in accordance with the Protocol for Electronic Circulation of Material to Senate approved by Senate Resolution 13/04.

ISSUES NOT DEALT WITH BY STANDING ORDERS

46. Should issues which are not dealt with in these Standing Orders arise, at any meeting of the Senate the decision of the Chair is final; but in all cases specifically provided for in the Standing Orders the then existing standing orders of the Legislative Council of Western Australia must be applied, as far as this is possible in relation to the proceeds of the Senate.

SUSPENSION OF STANDING ORDERS

47. Any of these Standing Orders may be suspended for the time being, on motion made with or without notice provided that such motion has the concurrence of an absolute majority of all members of the Senate present at the time.

PART A

METHOD OF ELECTION—THE CHANCELLOR

NOMINATION PROCESS AND REVIEW

1.(1) At least four months before the appointment of the current Chancellor expires, the Senate must appoint a Nominating Committee.

(2) In the event that the current Chancellor does not complete his or her term of office for any reason, the Senate shall appoint a Nominating Committee as soon as possible after the office is vacated.

2. The Nominating Committee must comprise:

(a)(i) the current Chancellor or Pro-Chancellor as Chair, as appropriate depending on their availability and possible interest in the position; or

(ii) if it is neither possible or appropriate to appoint the Chancellor or Pro-Chancellor to chair the committee, a Chair appointed by the Senate from its appointed or elected members, other than staff and student numbers.

(b) the Vice-Chancellor;

(c) the member elected by the Academic Board;

(d) one person elected by the Senate from the persons elected by Convocation to Senate;

(e) one of the members elected by the Guild of Undergraduates; and

(f) three external members elected by and from the Senate.

3.(1) The Nominating Committee must recommend to Senate whether to re-appoint the current Chancellor, if eligible and willing to be re-appointed, or to call for nominations as set out in (2).

(2) Subject to the outcome of (1), the Nominating Committee must—

(a) make a general call for nominations from the University community, allowing at least 15 University working days for response;

(b) identify potential nominee(s) for election;

(c) present its recommended nomination(s) to Senate; and

(d) provide the Senate with such other information as the Senate may request.

DECISION PROCESS

4. The election of the Chancellor must be conducted by secret ballot at a meeting of the Senate but members who cannot be physically present at the meeting may attend and vote electronically in accordance with the electronic attendance policy set out in 13.

5.(1)(a) If there are one or two nominees, the decision must be made by a majority vote.

(b) If there are three or more nominees, the decision will be made by a preferential vote carried out in the manner prescribed in the appendix to the Regulations governing staff elections to Senate.

(2) In the event of a tie, the decision must be determined by lot.

PART B

METHOD OF ELECTION—THE PRO-CHANCELLOR

NOMINATION PROCESS

1.(1) At least four months before the term of office of the current Pro-Chancellor expires, the Senate must set a date for the election, at a Senate meeting, of one of its members as the Pro-Chancellor.

(2) In the event that the current Pro-Chancellor does not complete his or her term of office for any reason, the Senate must set a date for election, at a Senate meeting, as soon as possible after the office is vacated.

2. No later than 15 University working days before the election, the Secretary must call for nominations of current Senate members, proposed and seconded by Senate members, to be submitted no later than three University working days before the meeting at which the election is to be held, on the prescribed nomination form.

DECISION PROCESS

3. The decision of the Senate must be made by secret ballot at a meeting of the Senate, but where possible arrangements must be made for members who cannot be present at the meeting to lodge a vote with the Secretary of Senate before the meeting.

4.(1)(a) If there are one or two nominees, the decision must be made by a majority vote.

(b) If there are three or more nominees, the decision must be made by a preferential vote carried out in the manner prescribed in the appendix to the Regulations governing staff elections to Senate.

(2) In the event of a tie, the election must be determined by lot.

PART C

METHOD OF ELECTION—CO-OPTED MEMBERS

NOMINATION PROCESS

1.(1) At least four months before the term of office of the current co-opted member expires, the Chancellor's Committee must recommend to Senate whether to re-appoint the current co-optee, if eligible and willing to be re-appointed, or to initiate the election of a new co-optee through the process set out in 2 to 11.

2. A member wishing to nominate a person for co-option to the Senate in terms of Section 8.(1)(i) and 9.(1) of the University Act must notify the Registrar in writing by the closing date specified by the Registrar.

3. A nomination must be accompanied by biographical details of the nominee except in the case where the nominee has served previously on the Senate, together with the signed consent of the nominee.

4. Nominations received by the Registrar by the specified closing date must be submitted to the Chancellor's Committee for review.

REVIEW PROCESS

5. The Chancellor's Committee must review the nominations received, develop further nominations as it thinks desirable, and submit to the Senate appropriate nominations.

6. In order to maintain the confidentiality of nominees, the Chancellor's Committee usually submits only one nomination to Senate.

DECISION PROCESS

7. At the Senate meeting when this nomination is considered, Senate members must have the option to make alternative nominations from among those nominated by the closing date.

8. A decision must be made by ballot.

9. If there are one or two nominees, the decision must be made by a majority vote.

10. If there are three or more nominees, the decision will be made by preferential vote carried out in the manner prescribed in the Regulations governing staff elections to Senate.

11. In the events of a tie, the decision must be determined by lot.

Method of Election of Members of the Senate under Section 8(g) of the University Act

1. In these regulations—

'Guild' means the Guild of Undergraduates referred to in Section 28 of the University of Western Australia Act 1911.

'Guild Council' means the Council of the Guild constituted under Statute No. 20.

2. The election of one member of the Senate under Section 8(g) of the University Act is held annually on the day or days appointed by the Guild Council for the holding of the annual Guild elections and advertised by notices displayed on the University noticeboards for at least the 60 days immediately preceding the commencement of the election.

3. The election is conducted by the Guild Council who appoint a Returning Officer, and additional officers if required, no later than 35 days before the commencement of the election.

4. Nominations of candidates are invited by notices displayed on the University noticeboards for at least the 14 days before the nominations are due to close.

5. Each nomination must be in writing signed by the nominee and two persons eligible to vote in the election as proposer and seconder and lodged with the Returning Officer not later than 5 p.m. 21 days before the commencement of the election.

6.(1) If a nomination is received from only one candidate, the President of the Guild must report this to the Chancellor who will, on the following first day of December or on another date determined by the Chancellor, declare the candidate to be elected as a member of the Senate.

(2) If there is more than one nomination, the Returning Officer must publish the names of the candidates on the University notice boards for at least the seven days immediately preceding the commencement of the election.

7.(1) If there is more than one candidate, the election must be by ballot conducted by the Returning Officer in a place or places determined by the Guild Council and advertised.

(2) The ballot must be held on the day or days appointed under Regulation 2 and closes at 5 p.m. on the day or the last of the days appointed.

8. Every voting paper must contain the names of all the candidates nominated set out in the order prescribed by the Guild Council.

9.(1) The voter must write the figure '1' opposite the name of the candidate who stands first in his or her order of preference and may, in addition, indicate the order of preference for as many more candidates as they please by writing opposite the name of a candidate a number next in numerical order after those already used by the voter.

(2) A voter does not have to place a number against the name of every candidate.

(3) The Returning Officer will accept a ballot paper that does not follow the above procedure if they are satisfied that the voter has unambiguously indicated an order of preference by some other means.

10.(1) The counting of votes cast in the ballot must be carried out by the method described in the Appendix to these regulations.

(2) Each candidate is entitled to nominate one scrutineer to be present at the scrutiny.

11. If, on the report of the Returning Officer or of a scrutineer, the President of the Guild is of the opinion that a voting paper is substantially defective, the voting paper must not be included in the ballot.

12. The Guild must, in its regulations, prescribe arrangements and eligibility for postal voting.

13. Subject to these regulations, the President of the Guild has authority to determine conclusively all questions of detail concerning the election.

14. If the President is a candidate for election to the Senate, the Guild Council must appoint some other member of the Guild Council to fulfil the duties and responsibilities of the President imposed under Regulations 11, 13 and 15.

15. Within 48 hours of the conclusion of the scrutiny, the President of the Guild must report the result of the election to the Chancellor, who will on the following first day of December, or on another date determined by the Chancellor, declare the candidate who has been preferred by the electors to be elected as a member of the Senate from the date of the declaration.

16.(1) Immediately upon the completion of the scrutiny, the voting papers must be placed by the Returning Officer in a sealed container and held by them for 14 days.

(2) When the 14-day period has expired, the voting papers must be destroyed by the Returning Officer unless otherwise directed by the Chancellor.

17.(1) If the office of a member becomes vacant before the normal expiration of that member's term of office, the Senate must, as soon as possible after the occurrence of the vacancy, fix a date for the election of a successor.

(2) The election must be held in accordance with these regulations, except that the Chancellor will, immediately on receipt of the report from the President of the Guild under sub-regulation 6(1) or Regulation 15, declare the candidate or preferred candidate to be elected as a member of the Senate.

18. The unauthorised removal from any University notice board of a notice referred to in Regulations 2, 4, and sub-regulation 6(2) during the period prescribed for publication, does not invalidate the election or nomination concerned.

 

APPENDIX

Counting of Votes (Clause 10(1))

1. The counting of votes cast in the ballot for election of the members of the Senate under Section 10(i) of the University of Western Australia Act shall be as follows in this Appendix.

2. The number of first choices recorded for each candidate shall be counted, and all informal voting papers shall be rejected.

3. The aggregate number of such first choices shall be divided by one more than the number of candidates required to be elected, and the quotient increased by one, disregarding any remainder, shall be the quota, and (except as hereinafter provided in Rule 11) no candidate shall be elected until he or she obtains a number of votes equal to or greater than the quota.

4. Any candidate who has, upon the first choices being counted, a number of such votes equal to or greater than the quota shall be declared elected.

5. Where the number of such votes obtained by any candidate is equal to the quota, the whole of the voting papers on which a first choice is recorded for such elected candidate shall be set aside as finally dealt with.

6. Where the number of such votes obtained by any candidate is in excess of the quota, the proportion of votes in excess of the quota shall be transferred to the other candidates not yet declared elected, next in the order of the voter's respective preferences, in the following manner:

(i) All the voting papers on which a first choice is recorded for the elected candidate shall be re-examined, and the number of second choices, or (in the case provided for in Rule 13) third or next consecutive choices, recorded for each unelected candidate thereon shall be counted;

(ii) The surplus of the elected candidate shall be divided by the total number of votes obtained by him or her on the counting of the first choices, and the resulting fraction shall be the transfer value;

(iii) The number of second or other choices, ascertained in paragraph (i) to be recorded for each unelected candidate, shall be multiplied by the transfer value; and

(iv) The resulting number, disregarding any fractional remainder, shall be credited to each unelected candidate, and added to the number of votes obtained by him or her on the counting of the first choices.

7.(a) Where, on the counting of the first choices or on any transfer, more than one candidate has a surplus, the largest surplus shall be first dealt with. If then more than one candidate has a surplus, the then largest surplus next in order of magnitude shall be dealt with, and so on. Provided that, if one candidate has obtained a surplus at a count or transfer previous to that at which another candidate obtains a surplus, the surplus of the former shall be first dealt with.

(b) Where two or more surpluses are equal, the surplus of the candidate who has the highest on the poll at the count or transfer at which they last had an unequal number of votes shall be first dealt with, and if they have had an equal number of votes at all preceding counts or transfers the Returning Officer shall decide by lot which candidate’s surplus shall be first dealt with.

8.(a) Where the number of votes obtained by a candidate is raised up to or above the quota by a transfer as aforesaid, the candidate shall thereupon be declared elected. And in such case, notwithstanding the fact that the candidate may have reached the quota, such transfer shall be completed, and all the votes to which the candidate is entitled therefrom shall be transferred to him or her, but no votes of any other candidate shall be transferred to him or her.

(b) Where the number of votes obtained by a candidate is raised up to, but not above the quota by a transfer as aforesaid, the whole of the voting papers on which such votes are recorded shall be set aside as finally dealt with.

(c) Where the number of votes obtained by a candidate is raised above the quota by a transfer as aforesaid, the candidate's surplus shall be transferred to the candidates next in the order of the voter's respective preferences, in the following manner:

(i) The voting papers on which are recorded the votes obtained by the elected candidate in the last transfer shall be re-examined, and the number of third, or (in the case provided for in Rule 13) next consecutive choices recorded for each unelected candidate thereon counted.

(ii) The surplus of the elected candidate shall be divided by the total number of voting papers mentioned in paragraph (i), and the resulting fraction shall be the transfer value.

(iii) The number of second (or other) choices, ascertained in paragraph (i) to be recorded for each unelected candidate, shall be multiplied by the last mentioned transfer value.

(iv) The resulting number, disregarding any fractional remainder, shall be credited to each unelected candidate, and added to the number of votes previously obtained by him or her.

9.(a) Where, after the first choices have been counted and all surpluses (if any) have been transferred as hereinbefore directed, no candidate, or less than the number of candidates required to be elected, has or have obtained the quota, the candidate who is lowest on the poll shall be excluded, and all the votes obtained by that candidate shall be transferred to the candidates next in the order of the voter's respective preferences, in the same manner as is directed in Rule 6.

(b) The votes obtained by such excluded candidate as first choices shall first be transferred, the transfer value of the vote in each case being 1.

(c) The other votes of such excluded candidate shall then be dealt with in the order of the transfers in which, and at the transfer value at which, he or she obtained them.

(d) Each of the transfers which takes place under the two previous clauses of this rule shall be deemed for all purposes to be a separate transfer.

10.(a) Where the number of votes obtained by a candidate is raised up to or above the quota by any such transfer as aforesaid, the candidate shall thereupon be declared elected. And in such case, notwithstanding the fact that he or she may have reached the quota, such transfer shall be completed, and all the votes to which that candidate is entitled therefrom shall be transferred to him or her, but no other votes shall be transferred to him or her.

(b) Where the number of votes obtained by a candidate is raised up to, but not above, the quota by any such transfer as aforesaid, the whole of the voting papers on which such votes are recorded shall be set aside as finally dealt with.

(c) Where the number of votes obtained by a candidate is raised above the quota by any such transfer as aforesaid, the candidate's surplus shall be transferred to the candidates next in the order of the voter's respective preferences in the same manner as is directed in Rule 8, Clause (c). Provided that such surplus shall not be dealt with until all the votes of the excluded candidate have been transferred.

(d) Where any surplus exists it shall be dealt with before any other candidate is excluded.

11. The same process of excluding the candidate lowest on the poll, and transferring to other candidates his or her votes shall be repeated until all the candidates, except the number required to be elected, have been excluded, and the unexcluded candidates, who have not already been so declared, shall then be declared elected.

12. Where at any time it becomes necessary to exclude a candidate, and two or more candidates have the same number of votes and are lowest on the poll, then whichever of such candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes shall be first excluded, and if such candidates have had an equal number of votes at all preceding counts or transfers, the Returning Officer shall decide by lot which candidate shall be first excluded.

13. In determining what candidate is next in the order of the voter's preference, any candidates who have been declared elected or who have been excluded shall not be considered, and the order of the voter's preference shall be determined as if the names of such candidates had not been on the voting paper.

14. Where on any transfer it is found that on any voting paper there is no candidate opposite whose name a number is placed, other than those who have been already either declared elected or excluded, such voting papers shall be set aside as exhausted.

15.(i) Where in the case of a by-election one candidate only is to be elected and no candidate on the first count secures an absolute majority of the whole of the formal votes recorded at the election, the candidate who has the fewest votes is excluded (i.e. regarded as defeated), and each ballot paper counted to him or her is (unless exhausted) counted to the unexcluded candidate next in the order of the voter’s preference.

(ii) If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of that candidate’s ballot papers (unless exhausted) to the unexcluded candidate next in the order of the voter's preference is repeated until one candidate has an absolute majority of votes.

16. Every ballot paper not rejected as informal is to be counted in every count until it becomes exhausted, when it is rejected in all further counts. Where a candidate is excluded, any ballot paper counted to that candidate is deemed to be exhausted if there is not indicated upon it a consecutive preference for one unexcluded candidate.

17. If on any count two or more candidates have an equal number of votes and any one of them has to be excluded, then whichever of such candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes shall be first excluded, and if such candidates have had an equal number of votes at all preceding counts or transfers, the Returning Officer shall decide by lot which candidate shall be first excluded.

 

Election of Members of Staff to Senate under Section 8.(1)(c) and 8.(1)(j) of the University of Western Australia Act

The members of the Senate elected under Section 8.(1)(c) and 8.(1)(j) of the University of Western Australia Act must be elected in accordance with the following regulations:

Definitions

In these Regulations—

member of the academic staff means a member of the University's staff employed under any of the Agreements applying to academic staff;

member of the general staff means a member of the University's staff employed under any of the Agreements applying to general staff;

Registrar includes a person nominated by the Registrar;

the Act means the University of Western Australia Act 1911.

Eligibility for election

1. Those eligible for election to Senate must—

(a)(i) for elections under Section 8.(1)(c) of the Act, be members of the academic staff; or

(ii) for elections under Section 8.(1)(j) of the Act, be members of the general staff; and

(b)(i) hold ongoing appointments; or

(ii) hold, or be able to demonstrate that they have a reasonable expectation of holding, a fixed term appointment which will enable them to complete a four year term on Senate.

Eligibility to vote

2. Those eligible to vote in the election must—

(a)(i) for elections under Section 8.(1)(c) of the Act, be members of the general staff; or

(ii) for elections under Section 8.(1)(j) of the Act, be members of the academic staff; and

(b) hold ongoing or fixed term appointments.

Calling of nominations for vacancies

3.(1) At least three months before the term of office of the current member of staff expires, the Registrar must call for nominations for the forthcoming vacancy, allowing at least 15 University working days for response.

(2) In the event that the current member of staff does not complete his or her term of office for any reason, the Registrar must call for nominations as soon as possible after the office is vacated.

Election

4.(1) If the number of candidates is equal to the number of vacancies and the vacancies are for the same term, the Registrar must declare the candidate or candidates elected and notify the Chancellor and members of the relevant electorate of the result.

(2) If the number of candidates is equal to the number of vacancies but the vacancies are for different terms, a ballot is not required and the terms to be served by each candidate must be determined by the Registrar by lot.

(3) If there are more candidates than vacancies, the Registrar must organise a ballot immediately following the close of nominations.

5.(1) If there are two nominees for a vacancy, the decision as to who will fill the vacancy must be made by a majority vote.

(2) If there are three or more nominees for a vacancy, the decision as to who will fill the vacancy must be made by an optional preferential vote carried out in the manner prescribed in Regulation 6.

(3) If after the process described in (1) or (2) there is a tie, the election must be determined by lot. 

6.(1) Every voting paper must contain the names of all candidates nominated, the order in which the names appear on the voting paper having been determined by the Registrar by lot.

(2) The voter must write the figure '1' opposite the name of the candidate who is first in the voter's order of preference and may also indicate an order of preference for one or more of the remaining candidates by writing the numbers '2', '3', . . . opposite the names of the candidates in the voter's order of preference.

(3) A ballot paper which does not satisfy the above procedure will be accepted if the Registrar is satisfied the voter has unambiguously indicated an order of preference by some other means.

(4) Each completed voting paper must be sent by the voter to the Registrar in a sealed envelope marked 'Senate Voting Paper'.

(5) Each candidate is entitled to nominate one scrutineer to be present at the counting of the votes.

(6) Votes may be counted only after the deadline nominated by the Registrar for receipt of votes has elapsed.

(7) The distribution of votes cast in the ballot must be carried out by the method described in the Appendix to these regulations.

(8) Successful candidates must be elected sequentially.

(9) Where vacancies are for different terms, the candidate elected first must serve the longest term, the candidate elected second must serve the second longest term, and so on.

(10) As soon as possible after the counting of the votes has been completed, the Registrar must declare the result of the election and notify the Chancellor and members of the relevant electorate of the result.

7. The accidental omission to send a call for nominations or voting paper as required by these regulations or the misdirection or non-receipt of such documents does not invalidate any nomination or election.

8. A staff member who commits a fraudulent act in respect of elections governed by these regulations will be subject to disciplinary action by the University in accordance with the University's misconduct policies.

Electronically Conducted Elections

9. An election may be conducted using the Internet with such modifications as the Registrar may regard as necessary for the conduct of the election using the Internet.

10. For an electronically conducted election, any reference in these rules to a physical document may be read as a reference to an appropriate electronic document, such as a page on a website or an email.

11. For an electronically conducted election, a person's standard official email address within the University's email system is to be regarded as the person's address.

12. Voting papers for an electronically based election may be provided by email or on the Internet.

13. The Registrar may decide to use a computer program to carry out the steps involved in the recording, scrutiny and counting of votes in an election.

14. The Registrar must be reasonably satisfied that the proper use of the program would produce the same result as manual count.

15. The Registrar must ensure that the ballot is secret and that the identity of each person voting is kept separately from the person's vote.

APPENDIX

Distribution of votes

1. Each voting paper is given a value of 1, and is distributed to the candidate who is first in the voter's order of preference.

2. The following procedure is repeated until a candidate has been elected for each vacancy.

(1) The vote for each continuing candidate is determined by adding the values of all the papers allocated to that candidate.

(2) The total residual vote is determined by adding the value of the individual candidates' votes.

(3) The quota is determined by dividing the total residual vote by one more than the number of unfilled vacancies, ignoring the fraction, and adding 1.

(4) If one or more candidates has a vote at least as great as the quota, the one with the highest vote is declared elected and the surplus of the electee's votes over the quota is distributed to the continuing candidates as follows:

(a) The surplus is determined by subtracting the quota from the electee's vote.

(b) The transfer fraction is determined by dividing the surplus by the electee's vote.

(c) The value of each of the electee's papers being transferred is adjusted by multiplying it by the transfer fraction.

(d) Each paper is distributed to the continuing candidate next highest in the voter's order of preference. If no such candidate is specified the paper is set aside as exhausted.

(5) If, on the other hand, no candidate has a vote at least as great as the quota, the candidate with the smallest vote is eliminated and each of that candidate's papers is distributed to the continuing candidate next highest in the voter's order of preference. If no such candidate is specified the paper is set aside as exhausted.

3. If, in the application of the above procedure, two or more candidates have the same number of votes then it will be decided by lot which candidate is to be elected or eliminated first.