Membership of the Council Statute 2004

Overview

The Membership of the Council Statute 2004 was enacted by the Council of the Australian National University under section 50 of the Australian National University Act 1991, and it addresses the governance and administrative framework for the election and tenure of members of the university's council. This statute provides a structure for the election process, including the possibility of electronic voting, and outlines the tenure and rotation of council members to ensure a stable and experienced council while allowing for periodic renewal. The statute aims to maintain effective governance by clearly defining the procedures for elections and the terms of office for council members, thereby ensuring that the council can operate efficiently and in accordance with the overarching objectives of the Australian National University Act 1991.

Scope and Application

The Membership of the Council Statute 2004 applies to the Council of the Australian National University, specifically to members of the Council referred to in paragraphs 10(1) (k) to (n) of the Australian National University Act 1991. This includes the method of election, tenure, rotation, and resignation of these members. The Statute permits the Council to make Rules for these members, provided they do not conflict with the Statute. The Statute also allows for electronic voting methods, including the use of computers or the internet, and provides for preferential voting, secret ballot, and voting paper delivery. The Statute is jurisdictional in its reach, applying within the Commonwealth of Australia, and it does not specify any exclusions or exemptions. The Council may make Rules that extend or restrict the application of the Statute, provided they do not contradict its provisions.

Key Provisions

The Membership of the Council Statute 2004 (section 1) outlines the procedures for the election and tenure of members of the Council of the Australian National University (ANU). According to section 3, the Rules can specify the method of election for members referred to in paragraphs 10(1) (k) to (n) of the Australian National University Act 1991, including the possibility of electronic voting methods. Members of the Council, excluding those referred to in paragraphs 10(1) (k), (o) and (p), serve a term of two years as per section 4, unless otherwise stated in the Rules. Section 5 allows the Rules to provide for the rotation of Council members and to set a maximum period of tenure. Additionally, section 6 empowers the Rules to identify members of the academic staff of the ANU and its Faculties for the purposes of section 10 of the Act. The obligations imposed on the parties governed by this Statute include adherence to the specified methods of election, tenure, and rotation of Council members. The Rules must detail these processes and may include provisions for electronic voting, as mentioned in section 3(2). Members of the Council must comply with the tenure and rotation provisions outlined in sections 4 and 5. Furthermore, the Rules must specify the method of preferential voting and the involvement of the Vice-Chancellor or their nominee as the Returning Officer for elections, as stated in sections 7 and 8. The obligation to conduct elections by secret ballot and to provide voting papers through various means is also highlighted in sections 9 and 10. Sections 6 through 12 detail the consequences for breaches of the Statute. While the Statute does not explicitly state penalties for breaches, violations of the Rules made under the Statute could result in disciplinary actions as per the overarching Australian National University Act 1991. Additionally, the power given to the Council to make Rules (section 12) implies that any failure to comply with these Rules could lead to administrative or legal consequences as defined by the broader legislative framework of the ANU Act. The Statute itself does not outline specific penalties but leaves the enforcement and repercussions to the broader legal context provided by the ANU Act and subsequent Rules.