32. Elections for Office

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32. Elections for Office

(a)
- (i) Nominations for all offices of the Union, its branches, delegates to District Council and State Council or such committees or bodies as require elections shall be in writing, signed by the nominee and endorsed by two (2) financial members proposing and seconding the nomination.
- (ii) Subject to Rule 21 - Branches, Rule 22 - Districts/District Council and Rule 23 - State Council all financial members of the Union shall be eligible to nominate for any Office to be filled by election.
- (iii) If there is only one valid nomination for a single office or only sufficient valid nominations for multiple offices, the Returning Officer shall report the nominations to the Union and such nominees shall be declared duly elected to the office or offices concerned.
- (iv) If there is no valid nomination for a single office or insufficient valid nominations for multiple offices, the Returning Officer shall report the fact to the Union which shall declare that an extraordinary vacancy or vacancies exist in that office or offices.
- (v) If there are more than sufficient nominations for an office, then the Returning Officer shall report the nominations to the Executive and proceed to an election in accordance with these Rules to determine the person or persons who shall be declared elected to such office or offices.
(b) Notices calling for nominations shall be published in the official journal of the Union or by notice sent to each place of employment of the members of the Union not less than twenty-eight clear days prior to the date upon which nominations close.
(c)
- (i) The Returning Officer shall nominate the address to which voters may post ballot papers.
- (ii) For the purpose of each election the Returning Officer shall maintain a locked and sealed ballot box in which he/she shall place from time to time ballot papers received by post.
(d)
- (i) Each candidate appointing a scrutineer shall hand to the Returning Officer not less than one day prior to the close of the ballot a notice in writing specifying the name and address of such scrutineer.
- (ii) Upon being notified of the appointment of a scrutineer the Returning Officer shall inform such scrutineer of the steps he/she intends taking in the conduct of the ballot.
(e)
- (i) Following the close of nominations the Returning Officer shall determine the dates over which the elections shall be conducted, allowing twenty-eight days for the members to cast their votes, excepting that in the case of an election to fill a casual vacancy the date of closure of the ballot shall be at the discretion of the Returning Officer so as to enable the declaration of the result as soon as is reasonably practicable, further excepting that in the election for Branch Offices the period over which the election is conducted and the period between closure and declaration shall be decided by the Returning Officer at his/her discretion so as to ensure that all members shall have an opportunity to vote.
- (ii) The Returning Officer shall cause to be delivered to each voter by prepaid post a ballot paper. With each ballot paper there shall be provided a reply paid envelope in which the ballot paper is to be sealed after the voter has cast his/her vote. Attached to or accompanying each ballot paper shall be a counterfoil/envelope upon which the voter shall be required to prove his/her identity as an eligible voter, such counterfoil/envelope shall be detached or separated from the ballot paper by the Returning Officer and placed in separate piles so as to ensure that the ballot paper cannot be identified with the counterfoil/envelope.
- (iii) The ballot paper shall list the title of the office for which an election is to be held and following each title shall list the names of candidates in sequence determined by lot by the Returning Officer. Opposite each name there shall be a box in which the voter is to be instructed to indicate his/her preference for the candidate for that position by inserting the numbers 1, 2, 3 etc, the number 1 indicating first preference. In the ballot for any particular position, if all boxes are not completed and/or there is any break in the sequence of numbers used by the voter such ballot shall be invalid provided that where the voter has indicated his/her preference for one candidate and his/her contingent preference for all remaining candidates except one and the square opposite the name of that one candidate has been left blank it shall be deemed that the voter’s preference for that candidate is his/her last and that accordingly he/she has indicated the order of his/her preference for all the candidates and further where there are two candidates only and the voter has indicated his/her vote by placing the figure “1” in the square opposite the name of one candidate and has left the other square blank the voter shall be deemed to have indicated the order of his/her preference for all the candidates. The voter shall be instructed after casting his/her vote to fold the ballot paper so that the marking thereof is not visible until unfolded, to seal the ballot paper and the counterfoil/envelope inside the pre-addressed envelope provided. Notwithstanding the above, for the purposes of Senior Officer and Executive elections, the ballot paper shall also provide for voters to vote for a team rather than voting for each individual candidate.
- (iv) The Returning Officer shall advise all voters of the closing date and hour for the receipt of returned ballot papers.
- (v) Voters must return the ballot papers to the Returning Officer either by posting them to the address shown on the envelope or otherwise so that the ballot paper is received no later than the notified hour on the closing date by the Returning Officer. It is the voter's responsibility to ensure that his/her ballot is received by the Returning Officer by the closing date and time and subject to his/her having exercised reasonable care the Returning Officer shall not be responsible for the loss of any ballot.
- (vi) Any vote in respect of the election of a person to an office shall be informal if:
  - (a) The ballot paper is received by the Returning Officer after the notified hour on the closing date.
  - (b) The content of the ballot paper does not comply with the instructions printed on it.
  - (c) Ballot papers received after the close of the poll or without counterfoils or with unsigned counterfoils shall be deemed invalid and not included in the count.
- (vii) If the Returning Officer is satisfied that a ballot paper has been destroyed, lost, damaged or misused he/she shall supply (in the place of the damaged or misused ballot paper on receipt thereof) to the person to whom the original ballot paper was supplied a substitute ballot paper.
- (viii) The Returning Officer shall collect the returned ballot papers and after rejecting those ballot papers which are informal shall count the votes. The Returning Officer shall retain all ballot papers, envelopes and other documents used in connection with the election and keep them in safe custody for a period of one year after the date of the election.
- (ix) The ballot shall be counted by the exhaustive preferential voting system.
- (x) As between the candidates receiving an equal number of votes the Returning Officer shall determine by lot which candidates or candidates shall be elected.
(f)
- (i) Immediately after the time determined for the close of the ballot the Returning Officer shall in the presence of such scrutineers as are present take steps to ensure that no further ballot papers are deposited in the ballot box. Thereupon or in sufficient time to determine the result of the ballot he/she shall:
- (ii) Open the ballot box and produce unopened all ballot paper envelopes;
- (iii) Determine, prima facie, the bonafides of the ballots by reference to the current membership register;
- (iv) Open the ballot paper envelopes and extract from them all the ballot papers in such manner as to preserve the secrecy of the ballot;
- (v) Place the ballot paper envelopes and ballot papers in separate bundles;
- (vi) Proceed with the counting of the votes.
(g) All Union elections shall be counted by the exhaustive preferential method. In elections at State Council with multiple vacancies, voters will indicate preferences at least equal to the number of positions to be filled.
(h) At the conclusion of the count, the Returning Officer shall issue a declaration of the count which is to bear his/her signature.
(i) Objections to the poll shall be in writing and signed by the candidate or candidate's agent or by some other person qualified to vote in the election.
(j) The poll shall be declared by the Returning Officer not less than seven days and not more than ten days after the count has been finalised provided that no objection has been lodged.
(k) Branch Officers
- (i) The Union Returning Officer shall cause to be published in the Journal or The Western Teacher not later than the seventh of February each year a list of branches and present office bearers.
- (ii) The publication shall call for nominations to the vacant offices of branch Convenor, Deputy Convenor, Secretary, Treasurer and Women’s Contact Officer. In recognition of women’s lower participation rate in the Union structures, the position of Women’s Contact Officer is open to women members only, as an affirmative action strategy to encourage women’s participation.
- (iii) In the event of an election being required in any branch, the Returning Officer shall conduct said election by secret postal ballot of financial members of the branch at the date of close of nominations.
- (iv) Such elections to be completed by not later than the thirty-first of March in that year.
(l) Branch Delegates to District Council
- (i) In accordance with Rule 22 - Districts/District Council, each Branch is entitled to one delegate to each meeting of its relevant District Council.
- (ii) Should there be more than one nomination for the position of delegate to District Council, the Branch shall conduct an election in accordance with the provisions of the By-laws of that Branch.
(m) Delegates to State Council
- (i) The Union Returning Officer shall cause to be published in the Journal or The Western Teacher, at a date to be set by Executive, a list of Districts and their delegate entitlements to State Council. Such publications shall invite nominations from financial members of certain Districts for the positions of State Council delegates and two alternate State Council delegates.
- (ii) If, at the close of nominations, an election is required for any District, the Returning Officer shall proceed to conduct a secret postal ballot of the financial members of that District as at the date of close of nominations in accordance with this rule and Rule 23 - State Council.
- (iii) In the event of no nominations being received from a District, that District shall not be entitled to be represented at the State Council.
- (iv) If, at the close of nominations, insufficient nominations have been received for all positions of delegate and alternate delegate, the Returning Officer shall cause to be published in the Western Teacher a notice inviting nominations, the number of which shall be specified, to fill the vacant positions. In the event that more nominations are then received than are required for any district, the Returning Officer shall conduct a ballot by lot to determine the additional delegates and alternate delegates, and all candidates shall be advised of the result.
(n) Elections at State Council
- (i) Nominations for members of committees to be decided at the last meeting of State Council each year shall be called for by the Returning Officer in the Journal or The Western Teacher and in the notice calling for nominations the Returning Officer shall prescribe a date for the closure of nominations being a date not less than seven weeks prior to the opening of the last meeting of State Council each year.
- (ii) Nominations received by the Returning Officer shall be published in the Journal or The Western Teacher at least three weeks prior to the opening of the last meeting of State Council each year.
- (iii) The provisions of sub-rules (d), (e) and (f) hereof shall be applied by the Returning Officer with such modification as shall be required for the purpose of an election by the credentialed delegates to the last meeting of State Council each year.
- (iv) Immediately following the close of the ballot the Returning Officer shall proceed to count the votes cast.
(o) President, Senior Vice-President, and Vice-President
- (i) Nominations for the offices of President, Senior Vice President and Vice President shall be called for by the Returning Officer in the Journal or the Western Teacher at least twenty eight (28) clear days prior to the date on which nominations close. If an election is necessary, it shall be conducted accordance with these Rules and simultaneously with any election for AEU Branch Councillors which may be held in the same year. The successful candidates in the elections for President, Senior Vice President and Vice-President shall assume office on 1st January in the year immediately following their election.
- (ii) The election of President, Senior Vice-President and Vice-President shall be conducted simultaneously. At the same time as nominations are called for the position of President, nominations will also be called for the positions of Senior Vice-President and Vice-President so that all elections are conducted simultaneously.
- (iii) In the event of one member being successful for more than one position, he/she will automatically be declared elected to the higher status position and that person's preferences distributed first in the subsequent ballots for Senior Vice-President and/or Vice-President.
(p) Executive (Ordinary Members)
- (i) Nominations for the offices of Executive (Ordinary Members) and Aboriginal and Torres Strait Islander Member shall be called for by the Returning Officer in the Journal or the Western Teacher at least twenty eight (28) days prior to the date on which nominations close. If an election is necessary, it shall be conducted in accordance with these rules and simultaneously with any election for AEU Branch Councillors which may be held in the same year. The successful candidates in the elections for Executive (Ordinary Members) and Aboriginal and Torres Strait Islander Member shall assume office on 1st January in the year immediately following their election.
- (ii) All financial members of the Union shall be eligible to cast a vote in any election for the office of Executive (Ordinary Member).