Governance Rule 2020

Overview

The Australian National University Governance Rule 2020 was enacted to address the need for detailed procedures in the election of staff representatives to the ANU Council. This rule was introduced to ensure that the process for electing staff members to the Council is transparent, fair and properly managed. The rule was enacted under the authority granted by section 68(1) of the Governance Statute, which empowers the university to make rules and orders necessary for its governance. The objective of the rule is to provide clear and effective procedural guidelines to facilitate the election of staff members to the ANU Council, thereby enhancing the university's governance structure. The rule was formulated by the Vice-Chancellor in consultation with the Corporate Governance and Risk Office and came into effect on 22 December 2020.

Scope and Application

The Australian National University Governance Rule 2020, F2020L01697, applies specifically to the election of staff members to the ANU Council, ensuring that the procedural details for such elections are clearly defined and followed. This rule is pertinent to staff members of the Australian National University who are eligible for election to the ANU Council, thereby governing the conduct and transactions related to the election process within the university. The rule operates under the authority of the Governance Statute, section 68(1), which empowers the institution to create rules and orders. As a university-specific rule, its jurisdictional reach is confined to the Australian National University, without extension to broader Commonwealth, state, territory, or national levels. The explanatory statement clarifies that there are no exclusions, exemptions, or specific thresholds mentioned within the rule itself, though it is likely that subordinate instruments or university policies could further elaborate on these aspects. This rule was formulated and promulgated by the Vice-Chancellor on 22 December 2020, following consultation with the Corporate Governance and Risk Office, ensuring adherence to internal governance standards and practices.

Key Provisions

The Australian National University Governance Rule 2020 outlines the procedural details for the election of staff to the ANU Council (s1). This Rule specifies the manner in which staff elections are to be conducted, ensuring a transparent and structured process for participation in the governance of the institution. It mandates that these elections follow a set procedure, with specific guidelines to be adhered to by all parties involved. The obligations imposed by the Rule include the establishment of an Election Committee, the nomination process for candidates, the conduct of the election, and the declaration of results. The Election Committee is tasked with overseeing the entire election process, ensuring that it is conducted fairly and in accordance with the Rule (s2). Candidates must meet certain eligibility criteria and must be nominated in a specified manner. The conduct of the election must follow the guidelines set forth, including the period during which voting can take place and the methods of vote casting. Finally, the Rule details the process for declaring the results of the election and the subsequent reporting of these results. Failure to comply with the provisions of the Rule can result in various consequences. While specific offences and penalties are not detailed in the explanatory statement, it is clear that non-compliance with the established procedures could lead to the invalidation of the election results. This could have significant implications for the governance of the ANU, potentially necessitating a re-run of the election. Furthermore, any actions deemed to be in bad faith or intended to undermine the integrity of the election process could result in disciplinary action against the individuals involved, in accordance with the University's broader disciplinary procedures.