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Western Sydney University (Governance) Rule

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The Board of Trustees of Western Sydney University makes the following rule under section 41 of the Western Sydney University Act 1997 and Part 2 of the Western Sydney University By-law 2017.

Part 1 - Preliminary

1. Name of Rule

(1) This Rule is the Western Sydney University (Governance) Rule 2017.

2. Commencement

(1) This Rule commences on the date of commencement of the Western Sydney University By-law 2017.

3. Definitions

(1) In this Rule:

absolute majority of votes means a number of votes greater than 50% of valid votes cast in an election;
academic staff member of the Board means the member of the Board referred to in section 10D of the Act;
Act means the Western Sydney University Act 1997 (NSW) as amended;
ballot means an election held under this Rule to elect a person to the Board where the number of valid nominations received exceeds the number of positions to be filled;
ballot paper means a paper or electronic device used to cast a vote and prepared in accordance with clause 12(2);
Board appointed member of the Board means a member of the Board referred to in section 10F or 10E of the Act;
By-law means the Western Sydney University By-Law 2017;
casual vacancy means a vacancy that occurs in an office otherwise than because of the expiration of the term of that office;
closing date for the ballot means date and time by which all votes must be cast by voters as specified in a notice of ballot;
current incumbent means (as the case may be), the Chancellor, a Deputy Chancellor or an elected member of the Board;
deadline for close of nominations means, in relation to an election, the time and by which nominations must be received by the returning officer in accordance with this Rule;
elected member of the Board means a person elected as an academic staff member, postgraduate member, professional staff member or undergraduate member of the Board;
election means an election conducted under this Rule;
electronic ballot means a ballot conducted in accordance with clause 21;
eligible candidate means a person who is eligible for election under this Rule and whose name is entered on the relevant role at the time of close of nominations for election;
eligible voter means a person who is eligible to vote in an election and whose name is entered on the relevant roll at the time of close of nominations for election;
exhausted ballot paper means a ballot paper that shows no further valid preference for any candidate and must be set aside from the count of votes for that ballot;
graduate member of the Board means a member of the Board referred to in section 10E of the Act;
non-electronic ballot means a ballot, other than an electronic ballot, conducted under Part 3;
notice of ballot means a notice issued under clause 12;
notice of election means a notice issued under clause 8;
optional preferential voting system means an election system that allows voters to indicate, for each position to be filled, either a preference for one candidate only or for more than one candidate in numerical order of preference as listed on the ballot paper;
postgraduate member of the Board means a member of the Board referred to in section 10D of the Act;
professional staff member of the Board means the member of the Board referred to in section 10D of the Act;
returning officer means the returning officer for an election, as referred to in the By-law;
roll means an electoral roll maintained for the election of eligible Board members in accordance with the By-law.
rotary resolution is a mechanism that allows Board members to pass a resolution without holding a meeting of the Board;
tally sheet means a sheet (which can be in a hard copy or electronic form) on which a tally or count of votes is recorded in a tabular form in accordance with clause 16;
undergraduate member of the Board means the member of the board referred to in section 10D of the Act;
voting site means a place located within the University where eligible voters can attend and vote in person.

4. Notes

(1) Notes included in this Rule do not form part of this Rule.

Part 2 - Election rules for offices of Chancellor, Deputy Chancellors and elected Board members.

5. Application of this Part

(1) The election rules apply to elections for the offices of Chancellor, Deputy Chancellor and elected members of the Board for the purposes of section 41 (1A) of the Act.

Note: Section 41(1A) of the Act states that the Board is empowered to make rules for or with respect to certain matters, including election rules. The procedures for appointment of appointed members of the Board are prescribed in Part 3 of te Western Sydney University By-law 2017.

6. When and how elections are to be held

(1) An election must be held to fill:

a vacancy that occurs or is due to occur when the current incumbent’s term of office expires; or
subject to clause 6(4) below, a casual vacancy.

(2) An election to fill a vacancy (including a casual vacancy) in the office of Chancellor or Deputy Chancellor is to be held as follows:

to fill a vacancy, other than a casual vacancy, as soon as practicable and before the current incumbent’s term of office is due to expire;
in the case of a casual vacancy, within 12 months of that casual vacancy occurring.

(3) An election to fill a vacancy (including a casual vacancy) in the office of any elected member of the Board is to be held as follows:

to fill a vacancy, other than a casual vacancy, no sooner than 4 months and no later than 1 month before the current incumbent’s term of office is due to expire; and
to fill a casual vacancy, as soon as practicable before or after the casual vacancy occurs or, if notified in advance, is due to occur.

(4) If the casual vacancy occurs within three months of the commencement of the current incumbent’s term of office, that casual vacancy is to be filled as follows:

by the candidate who, in the vote counting process at the election at which the current incumbent was elected, received the next highest number of votes to the current incumbent, and who remains eligible for election, or
if there is no eligible candidate, an election is to be held.

7. Voting systems and methods

(1) The voting system used for ballots under this Rule is the optional preferential voting system.

(2) Ballots can be held using any one or more of the following methods, as determined by the returning officer, and notified in an election notice or a notice of ballot:

eligible voters attend and vote in person at a specified voting site or sites, and at or within a specified time, date or period of time in accordance with clause 22;
eligible voters vote by postal vote in accordance with clause 23;
eligible voters vote electronically in accordance with clause 21; or
in the case of an election for Chancellor or Deputy Chancellor, eligible voters vote at a meeting of the Board.

(3) All elections are conducted by means of a secret ballot.

8. Calling an election

(1) The returning officer must issue a notice of election for each election required to be held under this Rule. Notices of election are to be published as follows:

For elections for the office of Chancellor or Deputy Chancellor, by electronic or ordinary mail to all current Board members; and
for elections for elected members of the Board, by any one or more of the following methods:
1. publication on the University's website;
2. publication on University notice boards;
3. electronic or ordinary mail to eligible voters.

(2) The deadline by which the returning officer must issue notices of election is no later than 14 days before the due date specified for close of nominations in that election notice.

(3) A notice of election must specify:

that an election is necessary to fill a vacancy for a particular office;
the category or categories of persons eligible for election to that office;
the number of vacancies to be filled for each office (if more than one);
the term of office for that office;
that eligible voters in that election can nominate one candidate only for election to that office;
requirements for nomination of candidates, including the prescribed form;
how and where nominations must be lodged;
the deadline for close of nominations;
how and when any ballot will be conducted;
any other information about the election that the returning officer decides should be included; and
that the election procedures can be found in this Rule.

9. Nominations

(1) A separate nomination form must be completed for each eligible candidate and, where there is more than one election, for each office for which a person is nominated.

(2) A person cannot self-nominate for election.

(3) A nomination for election must:

be in writing in the form prescribed in the notice of election;
include the statement that the nominee is not aware, at the time of nomination, of any matter including any actual or potential conflict of interest that would render the nominee ineligible or unsuitable for election;
be signed by the eligible candidate and two eligible voters in that election (other than the nominee);
be lodged with the returning officer in the manner prescribed by the notice of election; and
be received by the returning officer by the deadline for close of nominations specified in the notice of election.

(4) Eligible voters in an election may only nominate one candidate for election to each office. If a person nominates more than one candidate to a position, the returning officer must:

accept only the first nomination received from that person; or
if more than one nomination is received simultaneously from that person, draw lots with the nomination first drawn only to be accepted as the valid nomination for that position.

(5) The deadline for close of nominations is the time and date specified in a notice of election.

(6) A nominee for election may withdraw their nomination by notifying the returning officer at any time before the deadline for close of nominations. A nomination cannot be withdrawn after that time.

10. Candidate statements

(1) On or before the deadline for close of nominations, a candidate must provide the returning officer with a statement (including a photo of the candidate) of no more than 300 words that contains:

the candidate’s name;
the candidate’s current occupation or position including any positions held as a director or office holder at the University or with another organisation;
if a student, the current program and year in which the candidate is enrolled and estimated program completion date;
any academic or professional qualifications;
any honours or distinctions;
any employment or other relevant experience;
any other information the candidate thinks relevant for the purposes of the election.

(2) The returning officer may ask the candidate to edit or redact any information provided under subclause (1) that exceeds the 300 word limit, or which the returning officer reasonably considers is irrelevant or inappropriate.

(3) If the candidate does not comply with a request under subclause (2) by the deadline specified in that request, then the returning officer may withhold the candidate’s statement from being distributed to voters.

11. Dealing with nominations

(1) If the returning officer is satisfied that a nomination does not comply with the requirements of clause 9, then the returning officer is to reject that nomination.

(2) If, when the deadline for close of nominations expires:

there are no valid nominations, the returning officer is to report the matter to the next meeting of the Board and, unless the Board resolves to exempt a person for the purposes of section 38(3) of the Act:
1. in the case of an election for the office of Chancellor or Deputy Chancellor, to call another election to be held as soon as possible;
2. in the case of elections for other elected positions to the Board, to call another election to be held as soon as possible.
  
  Note: Section 38 of the Act limits the circumstances in which a person is eligible to be re-appointed or re-elected for a third consecutive term of office as an appointed or an elected member of the Board. Section 38(3) of the Act provides that a person can be exempted from section 38 by resolution of the Board so as to enable that person to be re-elected or re-appointed to the position for a third consecutive term of office.
there is only one valid nomination, the returning officer is to:
1. for election to the office of Chancellor or Deputy Chancellor, report this to the next meeting of the Board, who may, by resolution, declare that person elected; or
2. for other elections to the Board, declare that person elected and report this to the next meeting of the Board;
if there is more than one valid nomination, the returning officer is to conduct a ballot as follows:
1. for election to the office of Chancellor or Deputy Chancellor, at the next meeting of the Board of Trustees, and to include the name of each eligible candidate for election on the agenda for that meeting; or
2. for other elections to the Board, as specified in the notice of election.

12. Notices of ballot and distribution of ballot papers

(1) For each ballot to be conducted under this Rule, the returning officer must issue a notice of ballot that describes when (including any closing date for the ballot) and how the ballot is to be conducted, as well as any other information required under clauses 21 (electronic ballots), and 23 (postal ballots).

(2) The returning officer must also prepare a ballot paper that contains:

instructions for completion;
the time and date by which ballot papers must be received by the returning officer;
the names of all eligible candidates for election, arranged in order by drawing lots or using another (including electronic) method of random selection; and
a box opposite each eligible candidate’s name.

(3) For ballots to be conducted at a meeting of the Board, the returning officer is to distribute one ballot paper to each Board member as follows:

if a Board member requests a postal vote before nominations for that election close, by electronic or ordinary post to that Board member’s nominated electronic or postal address; or
in person to each Board member present at the meeting at which the ballot is to be held.

(4) A Board member who is not present at the Board meeting at which a ballot is conducted can submit a postal vote, as long as it is completed and submitted to the returning officer at the address and by the date specified in the notice of ballot.

(5) For all other ballots for election to the Board, the procedures in Part 3 apply, depending on the method used to conduct the ballot.

(6) The returning officer may issue a duplicate ballot paper if the returning officer is satisfied that a ballot paper has been lost or destroyed.

13. Completing and submitting ballot papers

(1) Eligible voters who wish to cast a vote must vote for at least one eligible candidate listed on the ballot paper. If voting for more than one candidate, eligible voters must indicate the order of preference for each candidate listed on the ballot paper.

(2) Voters must specify their preferred candidate by marking the box opposite that candidate’s name in one of the following ways:

if voting for one candidate only, by placing a mark of "1", "tick" or "cross" opposite that candidate’s name on the ballot paper; or
if voting for more than one candidate in order of preference, by placing consecutive numbers (starting with "1") opposite the names of all remaining candidates listed on that ballot paper so as to indicate, in numerical order, the voter’s preference.

(3) For ballots conducted at a meeting of the Board to elect a Chancellor or Deputy Chancellor, the returning officer is to collect all ballot papers submitted by Board members:

present and eligible to vote at that meeting; and
if applicable, as postal votes.

14. Death or ineligibility of candidates

(1) If, before the closing date of a ballot, a candidate for election dies or is no longer eligible for election after the date for close of nominations, the ballot must proceed as if:

the candidate was not nominated for election;
the candidate’s name did not appear on the ballot paper for that election; and
votes for that person were not cast in that ballot.

15. Invalid ballot papers

(1) Where an electronic ballot is conducted, voters cannot submit a ballot paper unless it is valid.

(2) For non-electronic ballots, a ballot paper is treated as invalid if:

it contains any mark or writing that the returning officer reasonably considers would identify the voter;
the voter does not indicate a preferred candidate; or
if the voter duplicates a number on the ballot paper, where voting for more than one candidate.

16. Tally sheet

(1) The returning officer is to keep a tally sheet for each ballot that sets out:

a list of all candidates for election;
total number of ballot papers received;
for non-electronic ballots, the total number of invalid ballot papers;
primary votes allocated to each candidate;
if applicable, secondary votes allocated to each candidate;
if applicable, exhausted ballot papers;
if applicable, total votes for each candidate.

(2) At each stage of counting, the total number of votes must correspond with the total number of formal ballot papers, including exhausted ballot papers.

17. Counting votes

(1) For non-electronic ballots, the returning officer is to:

exclude all invalid ballot papers;
count the first preference votes for each eligible candidate and record the total number of first preference votes for each eligible candidate;
if an eligible candidate receives an absolute majority of votes, declare that person elected;
if no eligible candidate receives an absolute majority of votes:
1. exclude the candidate with the fewest number of first preference votes; and
2. for each ballot paper where an excluded candidate received a secondary vote, allocate the next active secondary vote as a first preference vote to the remaining eligible candidates or, if no secondary vote is indicated on that ballot paper, treat it as an exhausted ballot paper; and
3. repeat the process in subclauses i. and ii. until one eligible candidate receives an absolute majority of votes.

(2) If, on any count, there are two or more candidates with equal lowest numbers of first preference votes, the returning officer is to determine the successful candidate by drawing lots until there is only one candidate left in the ballot. For each lot drawn, the candidate drawn first remains in the ballot.

(3) For electronic ballots, votes will be counted in an automated fashion in the same manner set out in subclause (1)(b) to (d) and (2) until there is only one candidate left in the ballot.

(4) Following completion of the count of votes, the returning officer is to:

in the case of an election for Chancellor or Deputy Chancellor, report the name of the successful candidate to the Board. The Board may, by resolution, declare that candidate elected; and
in the case of an election for elected Board members, declare the successful candidate elected and report this to the next meeting of the Board.

18. Scrutineers

(1) The following provisions apply for elections for elected members of the Board only.

(2) Each eligible candidate for election may appoint one other person as that person’s scrutineer at any counting of votes in which that candidate has stood for election by notifying the returning officer to that effect at any time before the counting of votes is due to commence.

(3) A scrutineer may inspect (as the case may be) a ballot paper or report or record of electronic vote but on the condition that, in the opinion of the returning officer, counting of votes is not unreasonably delayed or disrupted.

19. Election not invalidated because of errors

(1) An election is not invalid because of any one or more of the following:

any error or omission in respect of a roll;
an eligible voter did not receive a notice of ballot or a ballot paper;
an eligible voter was unable to access a voting site;
a eligible voter’s vote has been treated as invalid or as an exhausted ballot paper, or otherwise rejected, in error.

(2) Notwithstanding subclause (1), and without limiting the returning officer’s power under the By-law or this Rule, the returning officer may declare an election invalid because, in their reasonable opinion, any one or more of the events described in subclause (1) has materially affected, or is likely to materially affect, the outcome of that election.

Part 3 - Conduct of ballots

20. Preliminary

(1) The following procedures apply to all ballots for elected positions to the Board.

21. Electronic ballots

(1) For all electronic ballots, the returning officer is to ensure that computer and internet facilities are made available, free of charge, at each University campus, so that each eligible voter has an opportunity to cast an electronic vote in that election.

(2) Electronic ballots may be conducted by requiring eligible voters to access a voting site specified in the notice of ballot. A notice of ballot for an electronic ballot must, in addition to any other requirement specified in clause 12, specify:

where eligible voters can access facilities at University campuses to cast an electronic vote;
the internet address of the electronic voting site; and
instructions for logging in (including any requirement to enter a password) to that voting site.

(3) The returning officer may make any additional arrangements to ensure that each eligible voter has an opportunity to access a voting site.

(4) The voting site is to contain:

voting instructions, including the closing date of the ballot;
the names of all eligible candidates for election arranged in accordance with clause 12(2)(c);
where supplied, and subject to clause 10, candidates’ statement;
instructions as to how voters must verify their eligibility to vote in that election (including any declarations of identity and entitlement to vote);
prompts warning voters if they are about to cast an incomplete or informal vote;
any other information the returning officer decides should be included.

(5) Voters must vote by:

completing the electronic ballot according to the instructions provided and indicating their preference for one or more candidates in accordance with clause 13(2); and
submitting the electronic ballot, following the prompts, on the voting site.

22. Ballots conducted by attendance in person

(1) For all ballots where eligible voters must attend in person to vote, the returning officer is to ensure that voting facilities are made available at each University campus, in order to ensure that each eligible voter has an opportunity to cast a vote in that ballot.

(2) Ballots may be conducted in person by requiring eligible voters to attend a voting site. The notice of ballot must include the following information about voting booths, in addition to any information specified in clause 12:

the location of voting sites at University campuses to cast a vote;
opening and closing time of voting sites;
instructions on how voters must verify their eligibility to obtain a ballot paper and to cast a vote in that election.

(3) The returning officer may make any additional arrangements to ensure that each eligible voter has an opportunity to access a voting site.

(4) Ballot papers may only be distributed at a voting site and are to contain:

voting instructions, including the closing date of the ballot;
the names of all eligible candidates for election arranged in accordance with clause 12(2)(c) and a box opposite to the left or right of each candidate’s name;
where supplied, and subject to clause 10, each eligible candidate’s statement;
instructions as to how eligible voters are to verify their eligibility to vote in that election (including any declarations of identity and entitlement to vote);
any other information the returning officer decides should be included.

(5) If an eligible voter wishes to vote, then they can do so by:

verifying their eligibility to vote in the manner indicated in the notice of ballot;
completing the ballot paper according to the instructions provided and indicating their preference for one or more candidates in accordance with clause 13(2); and
placing the ballot paper in the ballot box providing at the voting booth.

23. Postal ballots

(1) Postal ballots may be conducted by sending a ballot paper to all eligible voters at the email or postal address as listed on the relevant roll as at the date of close of nominations.

(2) The notice of ballot must include the following information, in addition to any information specified in clause 12:

instructions on how voters must verify their eligibility to cast a postal vote and to indicate their preference for one or more candidates listed on the ballot paper; and
when all ballot papers must be received by the returning officer and the address to which these must be returned.

(3) Postal ballot papers are to be distributed to eligible voters at the email or other address as listed on the relevant roll.

(4) If an eligible voter wishes to cast a postal ballot, then he or she can do so by:

verifying their eligibility to vote in accordance with the instructions included with the ballot paper;
completing the ballot paper and indicating their preference for one or more candidates in accordance with clause 13(2); and
returning the ballot paper to the returning officer at the address and by the deadline specified in the instructions included with the ballot paper.

Part 5 - Pro Chancellors

24. Status and functions

(1) The office of Pro Chancellor is an honorary position of the Board that is primarily ceremonial in nature.

(2) The Chancellor or a Deputy Chancellor may authorise a Pro Chancellor to deputise on their behalf at an official ceremony or other function, whenever they are unavailable to do so.

(3) Subject to the Act, a Pro Chancellor has such other functions and authorities delegated by the Board from time to time.

25. Appointment and eligibility

(1) The Board may appoint one or more eligible members of the Board as a Pro Chancellor of the University.

(2) Only a Board member appointed pursuant to section 10G, 10F or 10E of the Act, and who does not currently hold office as Chancellor or Deputy Chancellor, is eligible for appointment as a Pro Chancellor.

26. Term of office

(1) Subject to subclauses (2) and (3), a Pro Chancellor holds office for the term their appointment as a member of the Board.

(2) If a Board member is appointed as a Pro Chancellor after their term of office as a Board member has commenced, then their term office as Pro Chancellor shall be reduced to coincide with the expiration of that person’s term of office as a member of the Board.

(3) A Board member appointed as a Pro Chancellor is eligible for reappointment, subject to subclause (4).

(4) A person ceases to hold office as a Pro Chancellor:

when that person’s term of office as a Board member expires;
when that person otherwise ceases to be a Board member, including if their office becomes vacant under clause 2 of Schedule 1 of the Act;
if that person is elected as Chancellor or Deputy Chancellor;
when that person resigns as a Pro Chancellor; or
if that person otherwise becomes ineligible for appointment in accordance with this Rule.

Part 6 - Board meetings

27. Frequency of and convening meetings

(1) The Board is to meet at least 4 times in each calendar year.

(2) The Chancellor or the Vice-Chancellor and President may call a special meeting of the Board to consider any business that they consider urgent. Any such meeting may be conducted by means of a rotary resolution.

(3) The Chancellor must convene a special meeting of the Board sitting in person within 14 days following receipt of a request from 5 or more members of the Board.

(4) A request to convene a special meeting must:

be in writing and delivered to the Chancellor, the Vice-Chancellor and President or the University Secretary; and
state the purpose of that special meeting.

(5) The only business that may be conducted at a special meeting is the matter for which that special meeting has been convened.

28. Voting at meetings

(1) Each Board member present at a Board meeting has one vote and may vote in favour of, against or abstain from voting, in respect of a motion.

(2) If there is an equality of votes on any motion before the Board, the motion lapses.

(3) The Chancellor does not have a casting vote if there is an equality of votes.

29. Meeting procedures

(1) Subject to the Act, the By-law and this Rule, the Board is to decide its meeting procedures by resolution.

Part 7 - Vice-Chancellor

30. Title

(1) For the purposes of section 15 (6) of the Act, and subject to any resolution of the Board, the position of Vice-Chancellor may be designated as "Vice-Chancellor and President" of the University.

31. Functions and responsibilities

(1) The Vice-Chancellor and President, as chief executive officer of the University, is the academic and administrative head of the University, and is responsible for implementing decisions of the Board.

(2) The Vice-Chancellor and President's functions include:

promoting and furthering the academic and business interests of the University, both within and outside Australia;
oversight and management of the welfare and discipline of students;
fostering relationships with governments, business and industry, communities and other educational institutions;
oversight and management of the University's academic, administrative, financial and other business and operations of the University;
oversight and management of the University's systems and processes of management and control, including with respect to management of risks and ensuring compliance with all relevant laws.

(3) The Vice-Chancellor and President has such other functions as delegated by the Board.

(4) The Vice-Chancellor and President, in exercising any function as chief executive officer or as delegated by the Board, has full authority to perform those functions, subject to the Act, the By-law, this Rule and any resolution of the Board.

(5) The Vice-Chancellor and President may, without specific appointment, exercise the right of membership of any committee established by the Board.

(6) The Chancellor may authorise a Deputy Vice-Chancellor or a Vice-President to act as and to exercise the functions of the Vice-Chancellor and President if:

the Vice-Chancellor and President is ill, absent from duty, or otherwise unavailable; or
the Office of the Vice-Chancellor and President becomes vacant.

Part 8 - University emblem or brand

32. Adoption and use

(1) The Board may adopt a coat of arms, logo or design as the emblem or brand of the University.

(2) The University's emblem or brand may only be reproduced, used or displayed as authorised by, and in accordance with any conditions approved by, the Board or its authorised delegate.

Part 9 - Affiliation (including recognition of student bodies)

33. Recognition

(1) The Board may, for any educational, commercial, cultural, sport or other purpose in accordance with the University objects, grant affiliation to, or recognise (including as a student association of the University), any individual, group of individuals (including an unincorporated association), corporation or other entity or body ("affiliated body") on such terms as it approves in its discretion.

(2) The terms of any affiliation or recognition granted under subclause (1) are as determined by the Board (or its authorised delegate) and set out in an agreement ("affiliation agreement") between the University and the affiliated body.

34. Termination and suspension

(1) Subject to the terms of any affiliation agreement, the Board may terminate or suspend affiliation or recognition of that affiliated body at any time by written notice to that affiliated body.

35. Transitional

(1) Any affiliation or recognition in effect at the time this Rule commences remains in effect according to its terms, subject to clause 34.

Part 10 - Miscellaneous

36. Repeal and savings provision

(1) The following rules are repealed:

the UWS Rules; and
the Governance (Pro Chancellor) Rule.

(2) Any act, matter or thing that, immediately before the repeal of those Rules, had effect or was commenced but not yet finalised under those Rules continues to have effect under this Rule (but only to the extent that it relates to this Rule and is not inconsistent with this Rule and any acts, matters or things done under this Rule).