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UTS GENERAL RULES

G3 — Rules relating to Academic Board, Faculty Boards and Elections

Part 1 — Academic Board

Division 1 — Constitution of the Academic Board

Division 2 — Presiding member (Chair) and deputy presiding member

Division 3 — Functions and powers of Academic Board

Division 4 — Relationship between Academic Board and Council

Division 5 — Academic Board committees

Part 2 — Faculty Boards

Part 3 — Elections

Part 1 — Academic Board

Division 1 — Constitution of the Academic Board

1.   (1) Academic Board is to include:

(a) ex officio members (in addition to the Vice-Chancellor); and

(b) elected members;

as provided by this Division, in addition to any persons determined by Council.

(2) The ex officio members of Academic Board are to be the person or persons holding the positions of:

(a) Provost;

(b) Deputy Vice-Chancellor (three to be nominated by the Vice-Chancellor);

(c) Dean;

(d) Head of School, Graduate School of Health

(e) Director, Institute for Sustainable Futures

(f) Director, Connected Intelligence Centre

(g) University Librarian

(h) President of the UTS Students' Association;

(i) Indigenous Representative (nominated by the Chair); and

(j) Associate Dean of faculty (two per faculty, nominated by the respective Deans).

in addition to the holder or holders of any other position determined by Council.

(3) The elected members of Academic Board comprise:

(a) members elected by and from the academic staff of each faculty on the basis of one member for every 30 equivalent full-time (continuing and fixed-term) academic staff (rounded to the nearest whole number), with the exact number to be determined no later than 3 months prior to the commencement of the election and a minimum representation of two members per faculty; and

(b) one student elected by and from students from each faculty, and an alternate; and

(c) one postgraduate research student elected by and from the postgraduate research students of the University, and an alternate.

(4) The Chair of Academic Board may, with the consent of the runner up in the most recent election for the relevant student category, appoint that runner up to be the alternate member for the relevant student category. In the event that the runner up does not consent to be the alternate member, the other candidates in the election for the relevant student category will be offered the position in the order of their ranking in the election as determined in accordance with Rule G3-37. If the candidates in the election are exhausted and the vacancy remains unfilled, the Chair of Academic Board will, after appropriate consultation, appoint another student to act as an alternate member. The alternate member, who is appointed for the same term of office as the elected member, has speaking and voting rights at those meetings of Academic Board which the alternate member attends in place of the elected member.

Term of office of elected member of Board

2.   (1) The term of office of an elected member of the Board is one year for student members and two years for all other members.

(2) In the case where elected members' terms of office are required to be staggered to promote continuity of the Board (where the term of office of elected staff members is two years), the process outlined in Rule G3-2(3) will be applied.

(3) In respect of Rule G3-2(2), one-half of the elected staff members from each faculty (or in the instance one-half is not a whole number, the number immediately greater than one-half will be used) shall be determined by lot (drawn by the University Secretary or nominee) and declared to hold office for three years. The remaining undrawn elected staff members will hold office for the standard two years.

Conduct of elections

3.   (1) The elections for the elected members of the Board are to be conducted in accordance with Part 3 of these Rules.

(2) If, at the close of nominations in the conduct of an election, the number of vacancies for elected positions exceeds the number of candidates who are declared elected by the Returning Officer, any remaining vacancy may be filled by the Board for the period stated in the notice of election:

(a) on the recommendation of the Dean of the relevant faculty; or

(b) in the case of a vacancy for a postgraduate student, on the recommendation of the Dean, Graduate Research School.

Casual vacancy in office of elected member of Board

4.   (1) A casual vacancy in the office of an elected member of the Board occurs if the member:

(a) ceases to be qualified for election; or

(b) resigns from office by notifying the Returning Officer in writing; or

(c) is on extended leave for a period exceeding 12 months; or

(d) is formally acting in a position which carries ex officio membership of the Board for a period exceeding 12 months; or

(e) is absent from three consecutive ordinary meetings of the Board unless the absence is excused by the Board either at one of those meetings or before those meetings are held.

(2) In the event that a casual vacancy in the office of an elected member of the Board occurs then:

(a) if the remainder of the term of office of the elected member is less than 12 months, the Chair of the Board may, as soon as practicable after the vacancy occurs, with the consent of the runner up in the most recent election for that office, appoint that runner up to hold that office for the remainder of the term of office. In the event that the runner up does not consent to fill the vacancy, the other candidates in the most recent election for that office will be offered the vacant position in the order of their ranking in the election as determined in accordance with Rule G3-37. If the candidates in the election are exhausted and the vacancy remains unfilled, the Chair of Academic Board will, after appropriate consultation, appoint a person qualified to hold that office under Rule G3-1(3) for the remainder of the term of office; or

(b) if the remainder of the term of office of the elected member is 12 months or more, the Returning Officer is, as soon as practicable after the vacancy occurs, to conduct an election in accordance with Rule G3-3 among those persons qualified to vote at such an election.

(3) If no nominations are received to fill a casual vacancy referred to in Rule G3-4(2)(b), the Board may either leave the vacancy unfilled for the remainder of the term of office or take such other action in relation to the filling of the vacancy as the Board considers necessary.

(4) A person elected to fill a casual vacancy in the office of an elected member of the Board is to hold office for the remainder of the predecessor's term of office.

Leave of absence of elected member of Board

5.   Where an elected academic staff member of the Board:

(a) is on extended leave for a period up to 12 months; or

(b) is formally acting in a position which carries ex officio membership of the Board for a period of up to 12 months.

The Chair, with the consent of the runner up in the most recent election for that office, may appoint the runner up to hold that office for the period of the elected member's leave of absence.

Division 2 — Presiding member (Chair) and deputy presiding member

Chair

6.   (1) The Board:

(a) as soon as practicable after the membership of the reconstituted Board is confirmed following an election; or

(b) whenever a vacancy in the office of the presiding member occurs, unless less than six months of the term of office remains;

is to elect the presiding member of the Board.

(2) The presiding member will be elected from:

(a) the members of the reconstituted Board; and

(b) the persons who have held a position on the Board, for at least 12 months, in the 5 years prior to the date of commencement of the presiding member’s term of office.

(3) The title of the presiding member is to be 'Chair'.

Term of office of Chair

7.   (1) The Chair, unless he or she resigns as the Chair or ceases to be a member of the Board, holds office for a period (up to two years) from the date of election to the prescribed end of the general Academic Board term and on such conditions as may be determined by Council on the recommendation of the Board.

(2) The sitting Chair of Academic Board is ineligible to be renominated if completion of the designated term would result in the member serving more than five consecutive years in that office.

Deputy Chair

8.   (1) The Board:

(a) as soon as practicable after the membership of the reconstituted Board is confirmed following an election; or

(b) whenever a vacancy in the offices of the deputy presiding member occurs, is to elect one of its members to be the deputy presiding member of the Board.

(2) The title of the deputy presiding member is to be 'Deputy Chair'.

Terms of office, etc., of Deputy Chair

9.   (1) The Deputy Chair, unless he or she resigns or ceases to be a member of the Board, holds office for a period (up to two years) from the date of election to the prescribed end of the general Academic Board term and on such conditions as may be determined by Council on the recommendation of the Board. Should the Deputy Chair's membership of Academic Board conclude as a result of the conclusion of his or her term in an ex officio staff member position, the Deputy Chair may continue as a co-opted member of Academic Board, for a period up to the next general Academic Board election, at the Board's discretion in order to continue or complete the work of the Board. The duties of the Deputy Chair will be determined, from time to time, in consultation with the Chair.

(2) The sitting Deputy Chair of Academic Board is ineligible to be renominated if completion of the designated term would result in the member serving more than five consecutive years in that office.

Absence of Chair

10. If the Chair is absent or unable to act, or if the office of the Chair is vacant, the Deputy Chair is to have all the functions of the Chair.

Absence of the Chair and Deputy Chair

11. (1) In the absence of both the Chair and the Deputy Chair:

(a) the Vice-Chancellor, if the Vice-Chancellor is present and wishes to preside, is to preside at the meeting; or

(b) if the Vice-Chancellor is not present or, being present, does not wish to preside, the Board is to elect one of its members to preside at the meeting.

Election of Chair and Deputy Chair

12. The election of the Chair and the Deputy Chair of Academic Board by the members of the Board is to take place in accordance with Part 3 of this Rule.

Division 3 — Functions and powers of Academic Board

13. (1) Academic Board constitutes the primary forum in the University for the discussion and resolution of academic issues and matters. Academic Board and the Vice-Chancellor are the principal sources of advice to Council on all academic matters.

(2) Subject to the By-law, the Rules and the resolutions of Council, Academic Board has a responsibility to assess the quality of, and provide direction to, the academic work of the University, including teaching, learning, scholarship, research and research training.

(3) In exercising its responsibilities, Academic Board:

(a) shall work in conjunction with the Vice-Chancellor, members of the University Executive, Deans and the staff of the University to ensure that the academic goals of the University are achieved;

(b) may refer any matter for consideration and advice to its own committees, a Faculty Board, Board of Studies, Course Advisory Committee or the Vice-Chancellor or appropriate members of the staff of the University; and

(c) may receive and consider advice from any such body or person on any matters related to Academic Board and its functions, powers and responsibilities.

14. Without limiting the effect of Rule G3-13, the Board:

(1) shall report to, or advise Council or the Vice-Chancellor on, any aspect of:

(a) the academic goals, objectives, principles, directions, priorities and profile of the University, including advice on how these provide a basis for financial, capital or human resource planning;

(b) the quality and standards appropriate to all aspects of the academic work of the University, and in particular to teaching and learning and the support thereof, and to research and research training;

(2) shall determine the accreditation of proposed or existing award courses on their academic merit, and the removal of the accreditation of award courses;

(3) shall undertake initiatives and institute measures to promote the communication of academic issues and matters and the coordination of academic work and activities across the whole University;

(4) shall determine academic policies;

(5) shall determine the standards governing all aspects of academic administration, including, but not limited to, the admission of students and the examination and assessment of students' work;

(6) shall set the conditions for the granting of fellowships, scholarships and prizes within the University;

(7) shall recommend to Council those students who, having satisfied all academic requirements for an award course, are considered eligible to graduate; and shall assure the validity of such recommendations by appropriate means;

(8) shall determine the structures and functions of Faculty Boards, and any subsequent amendments to these, noting that a Faculty Board's authority to act on specific matters will continue to require Council's delegated authority.

Division 4 — Relationship between Academic Board and Council

Reference to Council of certain matters by Academic Board

15. If Academic Board does not approve without amendment any recommendation of a Faculty Board or Academic Board Committee, Academic Board is, if so required by the Faculty Board or Academic Board Committee, to transmit the recommendation to Council together with any observations Academic Board thinks fit.

Council to obtain views of Academic Board on certain matters

16. (1) If Council does not accept without amendment a recommendation from Academic Board relating to teaching, scholarship or research within the University, Council must seek further advice from Academic Board before making a final decision.

(2) This Rule does not apply if, in the judgment of the Chair of Academic Board and the Chancellor:

(a) the matter is one of urgency on which it is necessary for an immediate decision to be made by Council; or

(b) the area of difference between Council and Academic Board is not one of principle or major significance.

Division 5 — Academic Board committees

Committees

17. (1) Academic Board may establish such committees as it thinks fit with such membership as it considers appropriate for the purpose for which the committee is established.

(2) It does not matter that any or all of the members of a committee are not members of Academic Board.

18. Rules G3-2(1), G3-3, G3-4, G3-5 and G3-10 also apply to Academic Board Committees. When applying these Rules to Academic Board Committees:

(a) all references to the Academic Board shall be read as Academic Board Committees;

(b) relevant faculty shall be read as faculties; and

(c) a reference to Rule G3-1(3) shall be read as the relevant Academic Board Committee composition.

Chair of Academic Board Committee

19. The elected Chairs of Academic Board Committees will be elected by and from the Academic Board members,

(a) as soon as practicable after the membership of the reconstituted Academic Board is confirmed following an election; or

(b) whenever a vacancy in the office of an Academic Board Committee Chair occurs, unless less than six months of the term of office remains.

Term of office of Chair of Academic Board Committee

20. (1) The elected Chair of an Academic Board Committee, unless he or she resigns as the Chair or ceases to be a member of Academic Board, holds office for a period of two years from the prescribed date of commencement of the term and on such conditions as may be determined by Academic Board.

(2) An elected sitting Chair of an Academic Board committee is ineligible to be renominated if completion of the designated term would result in the member serving more than five consecutive years as Chair of that committee.

Part 2 — Faculty Boards

21. The elections for the elected members of Faculty Boards are to be conducted in accordance with Part 3 of this Rule.

Part 3 — Elections

22. Definitions

ballot means a method of secret voting.

casual vacancy means a position vacated during the term of an elected member.

close of nominations, in relation to an election, means the date and time by which nominations must be received by the Returning Officer for the election (as specified in a notice under Rule G3-25 (2) (d)).

close of the ballot, in relation to an election, means the date and time for the close of the ballot specified by the Returning Officer for the election in a notice under Rule G3-25 (2) (f).

election means the administrative process employed to elect a candidate to an elected position.

electoral roll means a list or register containing the names of the people entitled to stand for election, nominate candidates and/or vote in an election.

electorate means those persons entitled to stand for election, nominate candidates and vote in an election.

electronic ballot means a ballot conducted in accordance with Rule G3-31.

electronic vote means a vote cast by means of an electronic voting system.

electronic voting system means a secure system approved or managed by the Returning Officer for the purpose of tallying votes cast in an election conducted by electronic means.

formal vote means a vote that is not an informal vote.

informal vote has the meaning set out in Rule G3-35.

nominate means to propose a candidate in an election.

non-electronic ballot means a ballot conducted in accordance with Rule G3-29.

quota means the number of votes required by a candidate to be elected. It is determined as the next whole number above a quotient, where the quotient is calculated by counting the number of formal votes and dividing this by the number of positions to be filled plus one.

Returning Officer for all elections is the University Secretary, unless otherwise determined by Council. The Returning Officer is wholly responsible for overseeing elections.

runner up in an election means the person who, in the vote counting process at the election, was the last remaining candidate for election (aside from the person who was declared elected) eligible to fill the casual vacancy. With reference to cl 15(1)(a) of the UTS By-law, Council may choose to fill a casual vacancy by any means, including going to the “runner up”.

Scrutineer is an examiner of votes at an election count. Each candidate is entitled to nominate one scrutineer to be present at the count.

Conduct of elections

23. (1) An election referred to in these Rules is to be conducted by the Returning Officer for the election.

(2) The Returning Officer may appoint a Deputy Returning Officer (with such powers as the Returning Officer may determine) and Electoral Officer(s) to assist the Returning Officer in the conduct of all or any part of an election referred to in this Rule.

(3) The Returning Officer's decision is, subject to the Act, By-law and these Rules, final on all matters affecting the eligibility of candidates, the expected standards of behaviour during elections and election campaigns, the conduct and results of an election, the validity of an election and such other matters as may from time to time affect the conduct of elections.

(4) Where an election is required to be held, the Returning Officer shall, in such manner as the Returning Officer determines, prepare a roll of eligible voters for each relevant election.

Rolls

24. (1) The Returning Officer is to keep:

(a) for the purpose of elections of academic staff, professional staff, undergraduate student and postgraduate student members for Council, the rolls of eligible voters as prescribed in UTS By-law 6;

(b) for the purpose of elections of academic staff members for bodies other than Council — a Roll of Academic Staff containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons who are classified as continuing or fixed-term members of the academic staff of the University;

(c) for the purpose of elections of professional staff members for bodies other than Council — a Roll of Professional staff containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons who are classified as continuing or fixed-term members of the professional staff of the University;

(d) for the purpose of elections of student members for bodies other than Council — a Roll of Students containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons enrolled in courses that are listed in the register of award courses of the University (the courses having a minimum duration of one year full-time or equivalent);

(e) for the purpose of elections of undergraduate student members for bodies other than Council — a Roll of Undergraduate Students containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons enrolled in courses that are listed in the register of award courses of the University (the courses having a minimum duration of one year full-time or equivalent);

(f) for the purpose of elections of postgraduate student members for bodies other than Council — a Roll of Postgraduate Students containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons enrolled in courses that are listed in the register of award courses of the University (the courses having a minimum duration of one year full-time or equivalent);

(g) for the purpose of elections of postgraduate research student members for bodies other than Council — a Roll of Postgraduate Research Students containing the names and last known email addresses (or, if no email address is known in a particular case, last known address) of those persons enrolled in courses that are listed in the register of award courses of the University (the courses having a minimum duration of one year full-time or equivalent);

(h) rolls in accordance with the requirements of categories of membership, other than the categories outlined in Rule G3-24 (1) (a) – (g), as specified by the constitution or terms of reference of a Board or Committee.

(2) Students, Undergraduate Students, Postgraduate Students and Postgraduate Research Students, who are also members of academic or professional staff of the University, whose category of employment is either continuing or fixed-term, are not entitled to have their name entered on the Roll of Students, Roll of Undergraduate Students, Roll of Postgraduate Students or the Roll of Postgraduate Research Students.

Call for nominations and notice of election

25. (1) If an election is necessary, the Returning Officer must publish a notice referred to in this Rule on the official noticeboard on the UTS website and in such other places and in such manner as the Returning Officer considers necessary to inform the persons whose names are on the relevant rolls of the contents of the notice.

(2) A notice referred to in this Rule must:

(a) state that an election is necessary to fill the office or offices concerned;

(b) invite nominations of persons for election;

(c) specify the manner in which nominations must be made;

(d) specify a date and time by which nominations must reach the Returning Officer;

(e) in the event that a ballot is necessary, specify the method or methods the Returning Officer has determined will be used for the ballot, in accordance with Rule G3-29(1);

(f) in the event that a ballot is necessary, specify the dates for the commencement of the ballot and the close of the ballot;

(g) contain such other information relating to the election as the Returning Officer thinks fit (which might include, for example, details of the number of vacancies to be filled and of the terms of office of the members of the Council, Board or Committee to be elected).

(3) An election is not invalid only because a person whose name is on the relevant roll of eligible voters did not see a notice or a copy of a notice referred to in this Rule.

Schedule of dates for elections

26. In the conduct of an election, the Returning Officer must allow:

(1) between the publication of the notice under Rule G3-25(1) stating that an election is necessary and the close of nominations for the election — not less than 14 and not more than 28 days; and

(2) between the close of nominations for the election and the commencement of the ballot — not more than 28 days; and

(3) between the commencement of the ballot and the close of the ballot — not less than 14 and not more than 28 days.

Making of nominations

27. (1) Valid nominations of candidates, whose names are entered on the relevant roll of eligible voters for an election of members of the Council, Board or Committee must be lodged with the Returning Officer no later than the time and date specified in the notice published under Rule G3-25(2).

(2) A nomination must be signed by two persons whose names are entered on the relevant roll of eligible voters for the election for which the candidate is nominated and must be signed by the person nominated.

(3) If a candidate or nominator is eligible to participate in an election for a staff position, but not on the relevant roll of eligible voters, the Head of School or Dean of the relevant faculty must confirm that the candidate or nominator is an eligible employee of the relevant school or faculty. If the candidate or nominator is confirmed to be eligible, then they will be added to the relevant Roll under G3-24.

(4) There must be a separate nomination for each candidate and each position.

(5) A candidate for election shall at the time of nomination, provide a declaration that, to the best of their knowledge, the person will meet the qualifications for the relevant position for the entire term of office to which the person is seeking election, and that, if elected, the person will advise the Returning Officer as soon as they become aware of any change to their qualification.

(6) As part of the nomination process a candidate may provide with the nomination a candidate statement of not more than 150 words, which must be lodged with the Returning Officer no later than the time and date specified for the close of nominations in the notice published under Rule G3-25(2). The candidate statement contains information relating to the candidate that he or she wishes to supply. That information may include, for example, the following:

(a) full name;

(b) faculty, school or department;

(c) course and academic year;

(d) academic qualifications and experience;

(e) positions or offices held at any time in public bodies, clubs and institutions (including University clubs and societies) with dates of tenure.

(7) Statements containing more than 150 words will not be accepted. The Returning Officer (or a person appointed by the Returning Officer) may edit all statements supplied to ensure that they contain no defamatory or offensive material. The edited statements are to be published on or before the opening of the ballot.

(8) The Returning Officer must reject a nomination if satisfied that:

(a) the nomination is not duly made; or

(b) the person nominated is not eligible to be elected.

(9) A candidate is not eligible to be elected when:

(a) the candidate name cannot be found on the roll of eligible voters;

(b) the candidate does not meet the position qualifications; or

(c) the nomination is lodged with the Returning Officer later than the time and date specified for the close of nominations in the notice published under Rule G3-25(2).

(10) The Returning Officer must, within four days after receipt of a nomination, send or deliver a notice to each person who has signed the nomination, notifying the person of the acceptance or rejection of the nomination.

Dealing with nominations

28. At the close of nominations, where the number of valid nominations of persons for election in each elected membership category is fewer than or the same as the positions to be filled, the Returning Officer must declare the person or persons nominated to be elected. If there are more nominations than positions to be filled in an elected membership category, there must be a ballot.

Form of ballot

29. (1) A ballot must be a secret ballot using the quota preferential system. Ballots may be conducted by attendance at a polling booth or by way of an electronic voting system that has been approved for use by the Returning Officer in accordance with Rule G3-31. Subject to the Act, the By-law and these Rules, the Returning Officer shall determine which method or methods shall be used for any particular ballot.

(2) Ballot papers, or the component of the electronic voting system that records a vote cast by the voter, as the case may be, must contain the names of the candidates in the order drawn at random by the Returning Officer or by a person appointed by the Returning Officer for the purposes of the election.

Expected standards of behaviour

30. The Code of Conduct for UTS Elections sets out the expected standards of behaviour for UTS staff and students involved in the conduct of UTS elections or election campaigns.

Requirements for electronic voting system

31. The Returning Officer may approve an electronic voting system for use where the Returning Officer is satisfied that the system:

(1) will provide a voter with instructions on how to vote;

(2) will allow a voter to indicate his or her preferences of candidate or candidates;

(3) gives a voter an opportunity to correct any mistakes before submitting his or her vote;

(4) allows a voter to make an informal vote;

(5) will not allow a person to find out how a particular voter cast his or her vote;

(6) will not allow a voter to vote more than once for any ballot; and

(7) will only allow a voter to vote in an election for which he or she is eligible to vote.

Conduct of ballot by attendance at polling booth

32. (1) Where the Returning Officer has determined under Rule G3-29 that a ballot will be conducted by attendance at a polling booth, the Returning Officer must:

(a) publish in such manner as the Returning Officer considers necessary a notice specifying the dates and times of polling, the location of polling booths, and any other relevant information;

(b) establish on the University premises polling booths attended, during the dates and times for polling, by persons appointed by the Returning Officer for the purpose of initialling and issuing ballot papers to each person who requests one and is recognised by one of the appointed attendants as being a person whose name is on the roll of eligible voters prepared in accordance with Rule G3-23 and G3-24; and

(c) display at the polling booths the edited statements provided by candidates in accordance with Rule G3-27(6) and (7).

(2) A voter must, before the close of ballot, attend a polling booth to obtain a ballot paper initialled by the Returning Officer or by a person appointed by the Returning Officer, and:

(a) mark a vote on the ballot paper by placing the figure '1' in the square opposite the name of the candidate to whom the voter desires to give his or her first preference vote, and may place consecutive figures (commencing with the figure '2') in the squares opposite the names of any of the remaining candidates, so as to indicate by numerical sequence the order of the voter's preference for them;

(b) deposit the ballot paper in the relevant ballot box provided for the purpose at the polling booth.

(3) The ballot box is to remain unopened until the close of ballot.

(4) An election is not invalid only because a person whose name is on the relevant roll of eligible voters did not see the notice published in accordance with Rule G3-32(1)(a).

(5) In this Rule, a reference to a person’s name being on a relevant roll of eligible voters is a reference to the person’s name being on that roll at the opening of nominations for the relevant election.

Conduct of ballot by electronic voting system

33. (1) Where the Returning Officer has determined under Rule G3-29(1) that a ballot will be conducted by way of an electronic voting system, the Returning Officer must publish a notice:

(a) detailing the nature of the election and setting out instructions on how and when voters may obtain access to the electronic voting system; and

(b) advising how voters may obtain access to the edited statements provided by candidates in accordance with Rule G3-27(6) and (7).

(2) The Returning Officer or person authorised by the Returning Officer must make arrangements to ensure that each person, whose name is on the roll of eligible voters, can access the electronic voting system.

(3) The voter must submit a vote, after the commencement of the ballot and before the close of ballot, in accordance with the instructions provided in the electronic voting system.

(4) An election is not invalid only because a person whose name is on the relevant roll of eligible voters did not see the notice published in accordance with Rule G3-33(1).

(5) In this Rule, a reference to a person’s name being on a relevant roll of eligible voters is a reference to the person’s name being on that roll at the opening of nominations for the relevant election.

Procedure on close of ballot

34. As soon as practicable after the close of the ballot, the Returning Officer or a person appointed by the Returning Officer must:

(1) in the case of an election conducted by attendance at a polling booth:

(a) open the ballot boxes; and

(b) count the votes, and then ascertain the result of the ballot, in the manner set out in Rule G3-37.

(2) in the case of an election conducted by way of an electronic voting system, generate a count of the votes, using a methodology such that the results obtained are as if the votes were recorded on ballot papers and the count was conducted in accordance with Rule G3-37.

Informal vote

35. (1) A vote is informal if the voter has not indicated a clear preference for at least one candidate or if it is possible, in the opinion of the Returning Officer, to identify the voter.

(2) In the case of a ballot conducted by attendance at a polling booth, a vote is also informal if the ballot paper has not been initialled in accordance with Rule G3-32(2).

(3) In the case of a ballot conducted by attendance at a polling booth and despite any other provision of this Rule, a vote is not informal only because any figures placed on the ballot paper are not placed in or entirely in the squares opposite the candidates' names, if the figures are placed on the ballot in such positions as, in the opinion of the Returning Officer, clearly indicate the order of the voter's preference for the candidates.

(4) In the case of a ballot conducted by electronic voting system, the electronic voting system is to provide a warning message to any person casting an informal electronic vote that their proposed vote is informal prior to the recording of that vote.

(5) Each informal electronic vote is to be recorded by the electronic voting system as an informal vote.

Nomination of scrutineers

36. (1) Each candidate is entitled to nominate one scrutineer who is a member of the staff or students of the University to be present at the count.

(2) A person is not to be a scrutineer in an election in which he or she is a candidate.

(3) A scrutineer is subject to the conditions specified by the Returning Officer for attendance at the count.

Determination of result of ballot

37. If a ballot has been held for the purpose of an election the result of the ballot must be determined in accordance with the Procedures for Determination of Result of Ballot, as approved by the University Secretary from time to time.

Secrecy of ballot to be maintained

38. (1) The result of the ballot must remain confidential until the declaration of the poll by the Returning Officer.

(2) The Returning Officer or any person appointed by the Returning Officer or any scrutineer must not in any way disclose or aid in disclosing the manner in which any voter has voted.

(3) Following the Declaration of Poll the number of formal votes, the number of informal votes and ranking of candidates will be communicated to candidates and published on the UTS Noticeboard.

(4) Candidates in an election may request details of the distribution of votes for their own information.