Charles Sturt University By-law 2005

This By-law is the Charles Sturt University By-law 2005.

In this By-law:

Academic Senate means the Academic Senate of the University established under section 16 of the Act.

associate of a person means any of the following:

the spouse, de facto partner, parent, child, brother or sister, business partner or friend of the person,

the spouse, de facto partner, parent, child, brother or sister, business partner or friend of a person referred to in paragraph (a) if that relationship is known to the person,

any other person who is known to the person for reasons other than the person’s connection with the University or that person’s public reputation.

Note—

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

casual vacancy in an office means a vacancy that occurs in that office otherwise than because of the expiration of the term of office of the person holding the office.

close of nominations, in relation to an election, means the date and time determined by the returning officer by which nominations must be received by the returning officer for the election.

committee of the Council means a committee established by the Council under clause 4 of Schedule 1 to the Act.

election, in Part 2, means an election under section 10 or 11 of the Act.

notice means notice in writing.

returning officer, in relation to a particular function of the returning officer, includes a deputy returning officer, poll officer or other person who is authorised or directed by the returning officer to exercise that function.

Secretary means the Secretary to the Council appointed under clause 19.

the Act means the Charles Sturt University Act 1989.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this By-law.

In this By-law, a reference to an authority, officer or office is to be construed as a reference to that authority, officer or office in and of the University.

In this By-law, a reference to the holder of an office is to be construed as including a reference to any person appointed to act for the time being in the place of the holder of the office.

Notes included in this By-law do not form part of this By-law.

For the purposes of section 3 (2) of the Act, the following awards and certificates are prescribed:

a graduate certificate, associate degree, or award honoris causa conferred by the Council,

a certificate conferred on completion of a course of studies conducted by the Riverina-Murray Institute of Higher Education (or any of its predecessors),

a certificate conferred on completion of a course of studies conducted by the Mitchell College of Advanced Education (or any of its predecessors),

any other award conferred by the Riverina-Murray Institute of Higher Education or the Mitchell College of Advanced Education (or any of their predecessors) that, in the opinion of the Council, is equivalent to a degree or diploma, or to a certificate, from an institution referred to in paragraphs (a)–(c).

Note—

By virtue of section 3 (2) of the Act, a reference to a graduate is a reference to a person who has received a degree, diploma or other award or certificate as prescribed by the by-laws conferred or awarded by the University, by or on behalf of any former institution that has become a network member of, or a part of, the University or by any predecessor of any such institution.

The Secretary is the returning officer for all elections of the Chancellor or Deputy Chancellor.

The returning officer may, subject to the Act and this By-law, decide all matters relating to the procedure for the conduct of an election under this Division.

Subject to the Act and this By-law, a decision of the returning officer relating to an election under this Division, including a decision relating to the eligibility of a candidate or a voter, the conduct of the election or the result of an election, is final.

The returning officer is entitled to attend meetings of the Council for the purpose of conducting an election under this Division.

An election to fill a vacancy in the office of Chancellor or Deputy Chancellor is to be held (where practicable):

in the case of a vacancy that arises because of the expiration of the term of office of the current office holder—at least 3 months before the expiration of the term of office of the current office holder, or

in the case of a casual vacancy—within 3 months after the vacancy arises.

The returning officer must give to each member of the Council at least 1 month’s notice of an election to fill a vacancy in the office of Chancellor or Deputy Chancellor.

A nomination for election as Chancellor or Deputy Chancellor:

must be in writing, and

must be signed by the nominee and 2 members of the Council, and

must be delivered to the returning officer before the meeting of the Council at which the election is to be held.

An election to fill a vacancy in the office of Chancellor or Deputy Chancellor is to be held at a meeting of the Council.

The returning officer is to preside during any part of a meeting of the Council at which an election of the Chancellor or Deputy Chancellor is to be held.

No business other than the election of the Chancellor or Deputy Chancellor may be conducted at a meeting of the Council while the returning officer is presiding.

If there is only 1 nomination for election of the Chancellor or Deputy Chancellor, the returning officer must declare the nominated candidate to be elected.

If there are 2 or more nominations for election of the Chancellor or Deputy Chancellor, the returning officer must conduct a poll of members of the Council by secret ballot.

At a poll for the election of the Chancellor or Deputy Chancellor, each member of the Council is entitled to cast a vote for 1 of the candidates only.

When the poll is finished, the returning officer must count the number of votes cast at the poll for each candidate.

If 1 candidate has received more votes than any other, the returning officer must declare that candidate to be elected.

If 2 or more candidates receive an equal number of votes cast at the poll and no other candidate receives more votes than those candidates, the returning officer must conduct a further poll.