2015 PARSA ELECTORAL AND DISCIPLINE REGULATIONS

 2015 PARSA ELECTORAL AND DISCIPLINE REGULATIONS
PARSA Electoral Regulations
Section 1: General
1.1 Overview
1.1.1 These Regulations are the Electoral and Discipline Regulations of The
Australian National University’s Postgraduate and Research Students’ Association
Incorporated.
1.1.2 These Regulations are made under Sections 6 and 15 of the Constitution.
1.1.3 All Definitions used within these Regulations are drawn from the Constitution.
1.1.4 During an Election of the Association, any dispute about membership eligibility
is to be decided by the Returning Officer, whose decision will be final.
1.1.5 During an Election of the Association, subject to section 2.8(n) of these
Regulations, any dispute about the conduct of the election is to be decided by the
Returning Officer, whose decision will be final.
1.1.6 Except as provided in the Constitution and these Regulations, any
representative of the Association elected under the Constitution, or these
Regulations holds office until the next AGM.
1.1.7 Notwithstanding section 1.1.6, if a person is elected to fill a casual vacancy in
an office, that person must serve so much of the term of that office as remains
unexpired.
1.1.8 Only ordinary members of the Association are eligible to vote for, or stand for
election to, a representative position within the Association.
1.1.9 Sections 1 and 2 of these Regulations govern election of representatives to the
PRC.
1.1.10 Section 3 governs election of officers of the PRC at the first meeting of the
PRC under Section 6 of the Constitution. Section 3 also specifies the officers to be
elected in addition to those specified in the Constitution.
1.1.11 Section 4 establishes a Disputes Committee.
1.1.12 Section 5 establishes procedures for removal of members of the PRC.
1.2 Nature of these Regulations
1.2.1 Sections 1 and 2 of these Regulations are made under the Constitution of The
Australian National University’s Postgraduate and Research Students’ Association
Incorporated to govern the conduct of elections required under the Constitution.
1 1.2.2 If these Regulations are amended after nominations for any position have
opened that election must be conducted as if such amendment had not occurred.
1.3 Electoral Systems
1.3.1 The elections must be conducted using an optional preferential system and in
accordance with this Constitution and the Regulations.
1.3.2 The Apollo Ballot system shall be used to conduct elections of the Association.
1.3.3 The voter must indicate the order of her/his preference in the Apollo ballot by
entering the numeral 1 against the name of the candidate of her/his first choice, 2
against the name of the candidate of her/his second choice, 3 against the name of
the candidate of her/his third choice and so on, in an unbroken sequence of numbers
against the names of candidates for whom the voter wishes to vote.
1.3.4 Each ballot shall have a randomly-ordered list of candidates, including in
brackets the ticket name of the candidate, if the candidate belongs to a ticket.
1.3.5 Owing to the specificities of the Apollo ballot system, the Returning Officer
must arrange for the preparation of eight separate Apollo ballots, one for each of the
seven Colleges and one for the General Representative election.
1.3.6 The Returning Officer will liaise with the appropriate administrative division to
ensure that only postgraduate students from a particular College can vote for
College representatives from their College.
1.3.7 The census date for voter eligibility shall fall in the two week period when
nominations are open. The Returning Officer will liaise with the appropriate
administrative division to arrange for the census to be taken.
1.4 Returning Officer
1.4.1 The PRC shall appoint a Returning Officer to conduct elections.
1.4.2 The Returning Officer may appoint delegates to assist with the conduct of the
election, especially, but not limited to, the collection and administration of
nominations, the configuration and execution of the Apollo ballot, and other like
measures.
1.4.3 The Returning Officer shall not appoint a proposer, seconder or nominee in the
election to be his/her delegate for conducting the election.
1.4.4.
1.5 Counting of Votes
1.5.1 The Returning Officer must, as soon as is practicable after the close of polling,
arrange for the counting of votes to commence.
1.5.2 The counting of the votes will be conducted using Apollo’s ballot counting
system.
2 1.5.3 The ballot for College Representatives will be conducted before the ballot for
the General Representatives.
1.5.4 A candidate for General Representative who has been elected as a College
Representative, is ineligible to hold the position of General Representative, and shall
be removed from the poll for election as a General Representative.
1.6
Reporting the Election Results
1.6.1 The Returning Officer shall provide a report on the election to the PRC as
soon as practicable and no later than prior to the AGM.
1.6.2 The report must include:
i.
a count of all votes cast, including any informal votes;
ii.
the successful candidates for each ballot, including the number of votes
received by those candidates;
iii.
the number of votes received by all candidates in each ballot.
Section 2: Annual Elections of the PRC
2.1 General
2.1.1 The electoral systems to be used in the annual elections, and the method of
counting votes, are detailed in Section 1 of these Regulations.
2.1.2 The Annual elections of the Association must be conducted over 5 working
days.
2.1.3 The Returning Officer shall be appointed by the PRC. The Returning Officer
must not
i.
have been a proposer, seconder, or candidate in the election
ii.
have been an Officer or Employee of the Association in the current
Academic Year.
2.1.4 The positions to be filled by the Apollo Ballot are those listed under section 6 to
the Constitution.
2.1.5 A member is only entitled to stand for election to a College Representative
position of a College if he/she is enrolled in that College.
2.1.6 A student is entitled to vote for a College Representative position of a College if
he/she is enrolled in that College.
2.1.7 The Returning Officer's report must be reported to members of the PRC tabled
at the first meeting of the PRC, prior to the election of its officers.
2.1.8 The results of the Apollo Ballot will be declared at the Annual General Meeting.
3 2.2 Call for Nominations
2.2.1 The Returning Officer must call for nominations at least 4 weeks before the
commencement of polling, and nominations must remain open for at least 2 weeks.
2.2.2 The call for nominations must state:
i.
the positions to be contested;
ii.
the eligibility criteria for members wishing to stand;
iii.
details of how nominations may be lodged;
iv.
the date of the close of nominations; and
v.
the days and times of polling.
2.2.3 The call for nominations must be advertised to all students via email, and by
other methods as the Returning Officer or his/her delegate sees fit.
2.3 Nominations
2.3.1A The Returning Officer must produce and make available nomination forms
consistent with these Regulations.
2.3.1 Nominations for any position contested at the annual elections must:
i.
be signed by a proposer, seconder and by the candidate;
ii
if the person intends to nominate for a position as an officer of the Association
under clause 7 of the Constitution, include notice of the position or positions
for which the person intends to stand, if elected to the PRC;
iii.
the candidate must not be the proposer or seconder of his/her nomination;
and
iv.
only persons eligible for election to a representative position may propose
and second a nomination for that position.
2.3.2 A nominee can withdraw her/his nomination at any time up until one (1)
working day after the date of the close of nominations.
2.3.3 Nominations must be collected in a secure place by the Returning Officer (or
his/her nominee) at a venue easily accessible to nominees between the hours of
10am and 4pm throughout the period nominations remain open.
2.3.4 Nomination forms can be scanned and sent to the Returning Officer or his/her
delegate by email.
2.3.5 DELETED
2.3.6 The Returning Officer or his/her delegate must within 24 hours of receiving a
nomination provide a receipt of nomination to the nominating candidate.
4 2.3.7 Nominations will only be accepted if they are submitted during the specified
nomination period.
2.3.8 Where the Returning Officer or her/his delegate determines that a nomination
that is submitted during the period that nominations remain open is not valid the
Returning Officer or her/his nominee must:
i.
make a reasonable attempt to contact the candidate to inform her/him that the
nomination is invalid.
ii.
inform the candidate that the invalidity may be remedied and the nomination
may be resubmitted to the Returning Officer or her/his nominee at any time up
until one (1) working day after the date of the close of nominations.
2.3.9 DELETED
2.3.10 The Returning Officer or her/his nominee must, as soon as is practicable after
the close of nominations, prominently display or distribute a list of nominations for all
positions.
2.3.11 If the number of candidates nominated for any position is equal to the number
required to be elected, an election for that position is not required.
2.3.12 If the number of candidates nominated for any position is below the number
required to be elected, an election for that position is not required, and any unfilled
position is to be considered a casual vacancy, and must be filled in accordance with
section 6 of the Constitution.
2.3.13 If the number of candidates nominated for any position is greater than the
number required to be elected, the Returning Officer must conduct an election for
that position.
2.3.14 All nominations, valid and invalid, must be kept by the Returning Officer in a
secure place until after the poll is declared.
2.4 Preparation of Apollo Ballot
2.4.1 The Returning Officer (or his/her delegate) must arrange for the preparation of
the Apollo Ballot.
2.5 Polling Procedure
2.5.1 The Returning Officer must ensure that procedures are in place to:
i.
limit each ordinary member of the Association to voting no more than once;
and
ii.
ensure that the way in which any ordinary member votes is not revealed,
either when that member votes or at any later stage.
2.5.2 Where a person claiming to be an ordinary member of the Association attempts
to log on to the Apollo ballot and is unable to do so, the Returning Officer or her/his
5 nominee must provide to the person a declaration vote envelope and a set of ballot
papers for the elections for which the person claims he/she is eligible to vote, with
each ballot paper bearing the word "declaration".
2.5.3 Where an ordinary member of the Association is issued ballot papers under
section 2.5.2, the member shall mark her/his ballot papers as if it were the Apollo
ballot, enclose the ballot papers in the declaration vote envelope provided, sign the
declaration on the envelope, and return the envelope to the Returning Officer or
her/his nominee who issued the ballot papers to the member.
2.5.4 Where the Returning Officer or her/his nominee receives a declaration vote
envelope containing ballot papers under section 2.5.3, the Returning Officer or
her/his nominee must after the close of the poll determine whether the member is
entitled to vote at the elections and:
i.
if the declaration is signed and she/he decides the member is entitled to vote,
the envelope is to be opened in such a way as to ensure that the way in which
the voter marked her/his ballot papers is not revealed and the ballot papers
therein must be included in the count of votes; or
ii.
if the declaration is unsigned or if the Returning Officer decides the member is
not entitled to vote, the declaration envelope must be set aside unopened.
2.6 Candidate Supporting Statements
2.6.1 During the period that nominations are open, candidates are permitted to send
to the Returning Officer, a photograph of the candidate, a short (250 word
maximum) personal statement in support of their nomination for inclusion on the
PARSA website (“the Candidate Prolife”). The Candidate Profile must be submitted
in writing and may in addition be provided as an audio or video statement.
2.6.2 Submission of a Candidate Profile does not constitute a formal nomination for a
representative position.
2.6.3 Only students who have submitted a formal nomination via the Returning
Officer will be eligible to have their candidate profile displayed on the PARSA
website.
2.6.4 The Returning Officer or his/her delegate will have the right to refuse to publish
or amend a Candidate Profile if he or she judges it contains inappropriate material or
is contrary to these Regulations.
2.6.5 The option of submitting a Candidate Profile closes at the same time as
nominations close. Candidate Profiles will not be accepted after that time.
2.6.6 From the commencement of the voting period until the conclusion of the AGM,
the Returning Officer must cause Candidate Profiles to be available for viewing on
the PARSA website.
2.6.7 If the candidate is running under a ticket in accordance with Section 2.6, the
Candidate Profile must include the ticket name.
6 2.6.8 If the candidate has notified under Section 2.3.1(ii) an intention to run for a
position under Section 7 of the Constitution, the intention to stand for those positions
must be included in the Candidate Profile.
2.7
Tickets and Registration of Ticket Names
(a)
The Returning Officer or her/his delegate must maintain a Register of Ticket
Names for each year's annual elections.
(b)
Between the day on which nominations open and the day on which ticket
registration closes, which is one full day prior to nominations closing, 5 or more
ordinary members of the Association may apply to the Returning Officer or her/his
delegate for registration of a ticket name.
(c)
No person is entitled to apply to the Returning Officer or her/his delegate for
registration of a ticket name under Section 2.7(b) if that person was a signatory to an
application to register a ticket name for another ticket already entered in the register.
(d)
The Returning Officer or her/his delegate must deal with each application for
registration of a ticket name in order of receipt; if 2 or more applications are received
at the same time, the Returning Officer or her/his delegate shall determine the order
in which they are dealt with by lot.
(e)
The Returning Officer or her/his delegate must enter a ticket name in the
Register of Ticket Names if the proposed ticket name is, in the opinion of the
Returning Officer or her/his delegate:
(i)
Not more than 90 characters long (including spaces); or
(ii)
Not obscene, defamatory, sexist, racist or homophobic; or
(iii)
Not the same as the name of another registered ticket name; or
(iv)
Not so nearly the same as the name of another registered ticket name
(including a registered ticket name used in a previous election) that it is likely
to be confused or mistaken for that name; or
(v)
Not the same or so nearly the same as any name of a political party in
Australia as likely to be confused or mistaken for that name; and
(vi)
Not including the word “independent”; and
(vii)
The application for registration of the ticket name is signed by at least 5
ordinary members of the Association who have not been signatories to the
application for registration of another registered ticket name; and
(viii)
the application is received between the day on which nominations open and
the day on which ticket registration closes or is an application to which
Section 2.7 (f) applies.
(f)
If the Returning Officer or her/his delegate rejects an application to register a
ticket name or cancels the registration of a ticket name, the Returning Officer or
7 her/his delegate shall permit the applicants to reapply to register a ticket name at any
time up until 2 Working days after the date of the close of ticket name registration.
2.8
Electoral Offences
(a) The offence provisions in this Section reflect the intention that PARSA elections
should be conducted in a spirit of open and collegiate democratic debate.
(b) It is an electoral offence for any candidate, member of a ticket or any other
person to publish in connection with an election any election-related publication
(including electronic publication) which:
(i) does not clearly identify that the publication is on behalf of the ticket or
candidate (where not part of a ticket) in letters at least 10 mm high or in
font at least as large as the most commonly used font on the publication
(whichever is larger);
(ii) does not contain a date of publication;
(iii) contains racist, sexist or homophobic or defamatory material;
(iv) contains any untrue statement likely to mislead a voter in casting his or her
vote; or
(v) is larger than A3 size.
(c) It is an electoral offence for any candidate, member of a ticket or any other
person to send or publish any election-related electronic communication
(including emails and social networking posts) which:
(i) does not clearly identify that the electronic communication is sent on
behalf of the ticket or candidate (where not part of a ticket) in font at least
as large as the most commonly used font in the communication;
(ii) does not contain a date of communication;
(iii) contains racist, sexist or homophobic or defamatory material;
(iv) contains any untrue statement likely to mislead a voter in casting his or her
vote; or
(v) is a paid advertisement.
(d) The Returning Officer may cause or require the removal of any publication or the
deletion of any communication (where practicable) which contravenes Section
2.8 (b) or (c). It is an electoral offence to refuse to remove any publication or
delete any communication which in the opinion of the Returning Officer
contravenes Section 2.8 (b) or (c)
(e) Except with the authority of the Returning Officer, it is an electoral offence for any
person to assist or offer to assist another person to cast their vote, whether by
instructing them how to complete a vote or inviting them to vote on a device
provided by or accessed in the presence of the person offering the ‘assistance’ or
by other means.
(f) It is an electoral offence:
(i) to offer or provide gifts, bribes, money, food, drink or any other enticement
to any person to influence the person to exercise their vote in favour of the
candidate. This provision does not prevent a candidate or ticket explaining
policies for the benefit of students that the candidate or ticket would
pursue if elected.
(ii) for a person who is not a member of PARSA to campaign on behalf of a
candidate or ticket during an election.
(iii) for a person engaging in campaigning during an election to fail to produce
their student ID, if requested by any person.
8 (iv) to cast a vote which a person is not entitled to cast.
(v) to engage in discrimination or intimidation in the course of an election.
(vi) to make racist, sexist, homophobic or defamatory statements in the course
of an election.
(vii) to make untrue statements likely to mislead a voter in casting his or her
vote.
(viii) for any person to incite another person to commit an electoral offence.
(ix) to campaign in any place, whether on or off-campus, which is normally
primarily a place of work or study or accommodation, including libraries,
offices and laboratories (but excluding common areas of residential
colleges).
(g) Any written allegation of commission of an electoral offence must be referred to
the Returning Officer.
(h) The Returning Officer may, of their own motion, initiate an investigation into any
potential electoral offence which comes to the attention of the Returning Officer.
(i) Any investigation of a possible electoral offence by the Returning Officer must be
carefully carried out, be based on any written evidence (including statutory
declarations) provided to the Returning Officer, and must provide any person
accused of an electoral offence adequate time to respond to the allegation of the
offence, taking into account the need for the Returning Officer to act swiftly to
remedy any advantage arising from commission of an electoral offence, and the
need to ensure that natural justice is observed in consideration of any allegation
of an electoral offence.
(j) Depending on the seriousness and nature of an electoral offence (including any
potential impact on the outcome on the election) and to ensure that confidence is
maintained in the electoral process, the Returning Officer may:
(i) reprimand a person or persons involved in commission of an offence;
(ii) place constraints on campaigning for a candidate or ticket to compensate
for any benefit derived by a candidate or ticket from commission of an
electoral offence;
(iii) declare the candidacy of a candidate benefiting from an electoral offence
null and void;
(iv) remove membership rights from a member for a period not exceeding 12
months;
(v) remove a member’s right to stand for any office in the Association for a
specified period, not exceeding 2 years;
(vi) declare an entire poll null and void and order a new election; or
(vii) any combination of the above.
(k) If the Returning Officer determines that an electoral offence has been committed,
and/or that any penalty should be imposed under Section 2.8(j), the Returning
Officer must
(i) communicate the determination(s) to the person(s) concerned in writing as
soon as practicable, including in the communication a concise explanation
of the reasons for the determination(s); and
(ii) ensure that the communication includes an unabridged copy of these
Regulations.
(l) Any part of a decision of the Returning Officer under Section 2.8 (k) which has an
effect on the electoral outcome is final.
9 (m)Other than a penalty covered by Section 2.8 (l), a person may appeal to the
Disputes Committee in respect of any penalty imposed on them by the Returning
Officer under Section 2.8 (k),
(n) The Disputes Committee must observe the rules of natural justice in its review of
any penalty imposed by the Returning Officer and may, taking into account the
factors identified in Section 2.8 (j), and taking into account any information
provided by the person appealing or by the Returning Officer (including any
relevant evidence which was not available at the time of the original decision):
(i) affirm the decision of the Returning Officer;
(ii) replace the decision of the Returning Officer and impose a penalty
provided for by Clause Section 2.8 (j) other than a penalty imposed by the
Returning Officer; or
(iii) replace the decision of the Returning Officer with a decision that no
offence has been established and/or that no penalty should be imposed.
(o) The Disputes Committee does not have power under clause Section 2.8(n) to
make any decision that affects or changes the outcome of an election.
(p) A decision of the Disputes Committee under Section 2.8(n) is final, and must be
communicated in writing to the person(s) concerned as soon as is practicable.
3
3.1
Election of Officers of the PRC
Additional Officers of the PRC
3.1.1 In addition to the Officers specified in Section 7 of the Constitution, the PRC
shall at its first meeting elect from among the member of the PRC, the following
Officers:
3.2
(a)
the General Secretary;
(b)
the International Student Officer;
(c)
the Social Officer;
(d)
the Environmental Officer;
(e)
the Communications Officer; and
(f)
the Education Officer.
Eligibility – Notification during election of PRC
3.2.1 Subject to 3.2.2, a member of the PRC may not nominate for or be elected to
a position as an Officer of the Association set out in clause 7 of the Constitution or
Section 3.1.1 of these Regulations, unless the member had provided notice under
Section 2.3.1 (ii) of their intention to stand for that officer position in their nomination
for election to the PRC.
3.2.2 If no elected member of the PRC had provided notice under Section 2.3.1(ii)
of intention to nominate for a particular officer position, any member of the PRC may
nominate for or be elected to that position.
3.3
Nomination for Indigenous Officer
10 3.3.1 A person nominating for the position of Indigenous Officer must, prior to the
election of the position, state to the PRC whether the person identifies as an
Australian Aboriginal or Torres Strait Islander.
3.4
Nomination for International Student Officer
3.4.1 A person nominating for the position of International Student Officer must,
prior to the election of the position, state to the PRC whether the person is enrolled
as an international student.
3.5
Only one position may be held
3.5.1 A person may nominate for more than one position provided for under section
7 of the Constitution, but if elected to more than one position, must immediately
resign from all but one of the offices held.
3.6
Election by Secret Ballot
3.6.1 Election of positions under section 7 of the Constitution shall be by secret
ballot conducted under the supervision of a Returning Officer, who is not a member
of the PRC, appointed by the Administrator.
3.6.2 Prior to conduct of the ballot for the position of President, the Returning
Officer must remind the PRC that the President will by virtue of their election, also
hold office as a member of the University Council.
3.6.2 A person is elected to a position as an officer of the PRC if they obtain a
majority of votes cast at the PRC meeting for that position.
3.6.3 If, after a ballot for a position, no candidate has obtained a majority of votes,
the results of the ballot shall be announced to the PRC, the candidate with the least
number of votes shall be removed as a candidate for that position and the ballot shall
be repeated until a candidate has obtained a majority of votes cast in a ballot for that
position.
3.6.4 For the purposes of Sections 3.6.2 and 3.6.3, “a majority of votes” means
more than 50% of votes cast in a ballot for a position.
4.
Disputes Committee
(1) There is to be a Disputes Committee, which must be established and operate
under this Section 4.
(2) As soon as practicable and no later than 6 months after the election of the PRC,
the PRC must appoint a Disputes Committee.
(3) The Disputes Committee is established to determine any allegation of
misconduct against a member of the PRC.
(4) In exercising its functions, the Disputes Committee must comply with the
principles of natural justice.
11 Explanation: Section 50 of the Associations Incorporation Act 1991, which is
available online, provides that the rules of natural justice must be complied with
in any process of this kind.
(5) The Disputes Committee must consists of not less than 3 and not more than 5
individuals.
(6) In appointing the members of the Disputes Committee, the PRC must ensure
that:
(i) one member of the Disputes Committee is not a member of the Association
at the time of the appointment;
(ii) other than the member appointed under Section 4(6)(i), all other members of
the Disputes Committee must be members of the Association at the time of
the appointment; and
(iii) no member of the Disputes Committee is a member of the PRC at the time
of the appointment.
Explanation: the requirements in Section 4(6) are intended to bolster the
independence of the Disputes Committee. The appointment under Section 4(6)(i)
might be, for example, an appointment of an ANU lecturer, an undergraduate
student, a lawyer, or a graduated past president of PARSA, or anyone else not a
member of PARSA at the time of their appointment.
(7) For the avoidance of doubt, no serving member of the PRC may serve on the
Disputes Committee at any time.
(8) The Disputes Committee has the power to view any document in the possession
of the Association relevant to the performance of the Committee’s functions.
(9) The Disputes Committee must appoint one of its member to act as chair.
(10) Decisions of the Disputes Committee must be by majority vote.
(11) In addition to their vote as a member of the Committee, the chair of the
Committee has a casting vote in the case of a tied vote on a motion before the
Committee.
(12) A member of the Disputes Committee holds office until:
(a) (in the case of a member of the Committee who was a member of the
Association when appointed to the Committee under Section 4(6)(ii)) the
member is no longer a member of the Association;
(b) (in the case of a member of the Committee who was not a member of the
Association when appointed to the Committee under Section 4(6)(i)) the
member becomes a member of the Association;
(c) the member resigns, in writing, to the Administrator of the Association;
(d) the member is removed by a resolution carried by a two-thirds majority of
those present and voting at a general meeting of the Association;
(e) the member become a member of the PRC; or
(f) a new Disputes Committee is appointed by the PRC in accordance with
subsection 4(2).
12 (13) Subject these Regulations and the Associations Incorporation Act 1991, the
Disputes Committee may determine how it operates.
5.
Removal and Discipline of Members of the PRC
(1)
A vote to remove a member of the PRC from office under section 7(7) of the
Constitution, is of no effect unless taken in compliance with either section 5.1
or Section 5.2 of these Regulations.
5.1
Motion of No Confidence
(1)
The PRC may by resolution of no confidence carried in accordance with this
Section 5.1 by a two-thirds majority of those present and voting, remove any
member or members of the PRC from an office held under section 7 of the
Constitution before the end of their term of office.
(2)
A resolution of the PRC under Section 5.5 (1) is of no effect unless:
(a) the motion names the member or members of the PRC subject of the
motion.
(b) the motion is signed by at least 3 members of the PRC;
(c) at least 14 days’ written notice of the motion is provided to the officers
affected by the proposed resolution;
(d) the officers affected by the proposed resolution are provided with an
adequate opportunity to speak against the motion and to participate in
debate concerning it.
(3)
Subject to Section 5.1 (4), a motion of no confidence must state the grounds
for lack of confidence in the member or members of the PRC named in the
motion.
(4)
A motion of no confidence and debate on it, must not raise allegations of
misconduct or conduct prejudicial to the Association, which should be dealt
with in accordance with Section 5.2 of these Regulations.
(5)
On a successful resolution of no confidence being passed in accordance with
this Section 5.1, the affected positions are deemed vacant, and the PRC may
fill the vacancy in accordance with section 7(7) of the Constitution and these
Regulations.
(6)
Only business contemplated by this clause, may be carried out at a PRC
meeting which considers a motion of no confidence.
(7)
Throughout this process, the Association must comply with the rules of natural
justice, at least to the extent required by Section 50 of the Associations
Incorporation Act 1991.
13 Explanation: Section 50 of the Associations Incorporation Act 1991, which is
available online, provides that the rules of natural justice must be complied
with in any process of this kind.
5.2
(1)
Discipline of Members of the PRC
For the purposes of this Section, misconduct means—
(a) wilful conduct contrary to a provision of the Constitution, or a
regulation or policy of the Association ; or
(b) wilful conduct prejudicial to the reputation or interests of the
Association.
(2)
If a member of the Association believes that a member of the PRC has
engaged in misconduct as defined in this clause, the member may write to the
Administrator setting out the alleged basis of the misconduct and providing
any evidence supporting the allegations.
(3)
The Administrator must refer the allegations to the Disputes Committee
established under Section 4.
(4)
The Disputes Committee must, as soon as practicable, serve a written notice
on the member—
(a) setting out the allegations raised against the member in sufficient
detail for the member to be able to respond to the allegations; and
(b) stating that the member may address the Disputes Committee at a
meeting to be held not earlier than 14 days and not later than
28 days after service of the notice; and
(c) stating the date, place and time of that meeting; and
(d) informing the member that the member may do either or both of the
following:
(i) attend and speak at that meeting;
(ii) submit to the Disputes Committee at or before the date of that
meeting written representations relating to the allegations.
(5)
At a meeting of the Disputes Committee mentioned in subsection (4), the
committee must—
(a) give to the member mentioned in Section 5.2 (4) an opportunity to
make oral representations; and
(b) give due consideration to any written representations submitted to
the PRC by that member at or before the meeting; and
(c) decide whether a claim of misconduct is made out against the
member.
(6) The Disputes Committee must comply with Section 4 (4) of these
Regulations.
Note: Section 4(4) requires that the Disputes Committee comply with the
rules of natural justice.
14 (7)
If after careful enquiry in accordance with this section, the Disputes
Committee concludes that the member has engaged in misconduct the
Committee must, in writing, inform the member and the PRC of its decision,
setting out the Committee’s findings, reasons and decisions and may —
(a) recommend to the PRC that the member be removed from any
office held in the PRC; or
(b) recommend to the PRC that the member be removed as a member
of the PRC; or
(c) suspend the member from the PRC and any office held in the PRC
for a specified period; or
(d) withhold a stipend payment amount not more than $500 on the PRC
member if they are entitled to receive a stipend (payable to the
Association); or
(e) issue the PRC member with a formal letter reprimanding the PRC
member; or
(f) any combination of the above.
(8)
If the Disputes Committee does not make a finding of misconduct, it must
inform the member in writing that no finding of misconduct has been made
and clear the member of the relevant charges.
(9)
If the Disputes Committee reasonably believes the allegations it has received
credibly disclose possible criminal conduct, the Disputes Committee must
refer the allegations to the police, and may also proceed in accordance with
this section.
(10)
Other than for the proper performance of its functions, the Disputes
Committee shall treat allegations referred to it as confidential.
(11)
Other than a decision suspending a member, which takes effect immediately,
(or a recommendation for removal which must be dealt with in accordance
with subsection (12)), a decision of the Disputes Committee under subsection
(7) does not take effect—
(a) until the end of the period within which the member is entitled to
appeal against the resolution if the member does not exercise the
right of appeal within that period; or
(b) if within that period the member exercises the right of
appeal—unless and until the Association holds a meeting in
accordance with section 5.3 (4) to consider the member’s appeal.
(12)
If the PRC receives a recommendation for removal under section 5.2(7) (a) or
(b), the PRC shall:
(a) meet as soon as practicable to consider the recommendation,
providing at least seven days written notice to the affected member
of the meeting to consider the recommendation; and
15 (b) shall vote whether to accept the recommendation of the Disputes
Committee,
which removal shall take effect if approved by majority vote of PRC members
present and voting.
(13)
Throughout this process, the PRC must comply with the rules of natural
justice, at least to the extent required by Section 50 of the Associations
Incorporation Act.
(14)
Before a vote is taken under Section 5.2(12), the affected member must be
provided with an adequate opportunity to speak against the recommendation
and to participate in debate on the recommendation.
(15)
No business other than consideration of the recommendation shall be
transacted at a meeting of the PRC considering a recommendation for
removal.
5.3
Right of appeal of disciplined PRC member
(1)
A member may appeal to the Association in general meeting against a
decision of the Disputes Committee or the PRC under Sections 5.1 or 5.2,
within 7 days after notice of the decision is served on the member, by lodging
with the Administrator a notice to that effect.
(2)
On receipt of a notice under subsection (1), the Administrator must notify the
PRC which must call a general meeting of the Association to be held within 21
days after the date when the Administrator received the notice or as soon as
possible after that date.
(3)
Subject to Section 50 of the Associations Incorporation Act 1991, at a general
meeting of the Association called under subsection (2)—
(a) no business other than the question of the appeal may be
transacted; and
(b) the PRC, a representative of the Disputes Committee and the
member must be given the opportunity to make representations in
relation to the appeal orally or in writing, or both; and
(c) the members present must vote by secret ballot on the question of
whether the decision of the Disputes Committee or the PRC made
under Section 5.1 or 5.2, as the case may be, should be revoked.
Explanation: Section 50 of the Associations Incorporation Act 1991,
which is available online, provides that the rules of natural justice
must be complied with in any process of this kind.
(4)
If the meeting passes a special resolution in favour of revoking the decision of
the Disputes Committee or the PRC, as the case may be, that decision and
any action to fill any vacancy arising from that decision are void and of no
effect.
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