Western Sydney University (Governance) Rule
Part 1 - Preliminary
1. Name of Rule
Part 2 - Election rules for offices of Chancellor, Deputy Chancellors and elected Board members.
5. Application of this Part
6. When and how elections are to be held
7. Voting systems and methods
8. Calling an election
10. Candidate statements
11. Dealing with nominations
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.
12. Notices of ballot and distribution of ballot papers
13. Completing and submitting ballot papers
14. Death or ineligibility of candidates
15. Invalid ballot papers
16. Tally sheet
17. Counting votes
19. Election not invalidated because of errors
Part 3 - Conduct of ballots
21. Electronic ballots
22. Ballots conducted by attendance in person
23. Postal ballots
Part 5 - Pro Chancellors
24. Status and functions
25. Appointment and eligibility
26. Term of office
Part 6 - Board meetings
27. Frequency of and convening meetings
28. Voting at meetings
29. Meeting procedures
Part 7 - Vice-Chancellor
31. Functions and responsibilities
Part 8 - University emblem or brand
32. Adoption and use
Part 9 - Affiliation (including recognition of student bodies)
34. Termination and suspension
Part 10 - Miscellaneous
36. Repeal and savings provision
This is the current version of this document. To view historic versions, click the link in the document's navigation bar.
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.
(1) This Rule is the Western Sydney University (Governance) Rule 2017.
(1) This Rule commences on the date of commencement of the Western Sydney University By-law 2017.
(1) In this Rule:
(1) Notes included in this Rule do not form part of this Rule.
(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.
(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:
(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:
(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:
(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:
(3) All elections are conducted by means of a secret ballot.
(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:
(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:
(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:
(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:
(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.
(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:
(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.
(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:
(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:
(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:
(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.
(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:
(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:
(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:
(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:
(1) The returning officer is to keep a tally sheet for each ballot that sets out:
(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.
(1) For non-electronic ballots, the returning officer is to:
(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:
(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.
(1) An election is not invalid because of any one or more of the following:
(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.
(1) The following procedures apply to all ballots for elected positions to the Board.
(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:
(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:
(5) Voters must vote by:
(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:
(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:
(5) If an eligible voter wishes to vote, then they can do so by:
(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:
(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:
(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.
(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.
(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:
(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:
(5) The only business that may be conducted at a special meeting is the matter for which that special meeting has been convened.
(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.
(1) Subject to the Act, the By-law and this Rule, the Board is to decide its meeting procedures by resolution.
(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.
(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:
(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:
(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.
(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.
(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.
(1) Any affiliation or recognition in effect at the time this Rule commences remains in effect according to its terms, subject to clause 34.
(1) The following rules are repealed:
(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).