Document ID: chunk:federal_register_of_legislation:F2024L00724:reg:32:p1
Version: federal_register_of_legislation:F2024L00724
Segment Type: reg
Provision Reference: reg 32 (pt 1/2)
Character Range: 35265–38021

32      Conduct of student member elections by University

       (1)    This section applies if the Vice-Chancellor is satisfied in relation to the election of a student member conducted by ANUSA (the relevant election) that:

(a)    a condition mentioned in section 31(2) (Conditions for conduct of student member elections by ANUSA) has not been complied with, is not being complied with, or will not be complied with, in relation to the election; and

(b)    noncompliance with the condition is contrary to the interests of the University, its good governance, or the interests of the relevant student community.

       (2)    Without limiting subsection (1)(b), the Vice-Chancellor may be satisfied about a matter mentioned in that paragraph if the Vice-Chancellor is satisfied that any of the following applies in relation to the election:

(a)    the person elected is not eligible to have been elected or has been elected by persons not eligible to vote in the election;

(b)    the election has not been conducted, is not being conducted, or will not be conducted, in a way that results the person elected being directly elected as the student member;

(c)    the election has not been conducted, is not being conducted, or will not be conducted, by a method of preferential voting or by secret ballot (or both);

(d)    there has been a serious irregularity in the course or conduct of the election;

(e)    the result of the election is not, or is not likely to be, reliable;

(f)    the conduct of the election is not, or will not be, fair.
Examples for paragraph (f)

       1 the returning officer could not reasonably be considered to be impartial or has behaved in a way that could reasonably be considered to be biased

       2 the returning officer is failing, or has failed, to conduct the election in an orderly way, maintain the secrecy of the ballot or ensure the integrity of the voting

       3 persons eligible to become candidates and vote in the election have not been given reasonable notice of the opportunity to become candidates and vote or reasonable information about how and when they may become candidates and vote

       4 persons eligible to become candidates and vote in the election have not been given a reasonable opportunity to become candidates and vote in the election

       (3)    The Vice-Chancellor may, in writing, direct that elections for a student member must be conducted by the University and not by ANUSA

       (4)    If the relevant election has commenced but the result of the election has not been declared by the returning officer for the election, and the election process ends, anything done for or in relation to the election ceases to have effect, and a fresh election must be conducted