BY-LAWS
( 1 0) Secret Ballot. Voting shall not be compulsory.
( 11 ) Times for Voting. The poll shall be conducted continuously from 9am to 9pm on the nominated day.
( 1 2) Secrecy. The Registrar or any scrutineer or other person concerned with the con- duct of an election shall not in any way disclose nor aid in disclosing in what man- ner any voter voted.
( 1 3) Scrutineers. A candidate may appoint not more than two scrutineers.
( 1 4) Election not to be Invalidated by Informalities. An election shall not be invali- dated by reason of -
(a) failure to do any act at or by the required time;
(b) any defect in the appointments of a person who acts as scrutineer; or (c) any defect of a merely formal nature.
( 1 5) Right of Appeal. A candidate shall have the right of appeal to the Chairman wi- thin seven days of the declaration of the poll should he feel that the conduct of the election was in any way contrary to this By-law. The Chairman shall have full power to make such inquiry as he deems necessary into the matter complained of and after such inquiry may confirm the election or annul the election and direct that a fresh election be held, or give such other direction as he considers neces- sary. The decision of the Chairman after hearing such appeal shall be final and conclusive.
( 1 6) Rules. The Council may make Rules for the carrying into effect of all or any of the provisions and objects of this By-law.
whom he votes. He shall not make any other mark or writing thereon.
( 5) Postal Voting. An elector who, in the opinion of a presiding officer presents good and sufficient reason why he will be precluded from attending at a polling place within the hours of polling on polling day, may apply in the prescribed form to the returning officer for a postal vote certificate. The application shall be signed by the applicant in the presence of a presiding officer or a justice of the peace or another elector.
( 6) Counting of Votes. Forthwith on the closure of the poll, the Registrar shall cause the votes to be counted. Candidates shall be elected by means of a relative majority system of voting ("first past the post").
(7) Informal Votes
(a) A voting paper shall be rejected as being an informal vote if the voting paper-
(i) is not initialled by the Registrar or a presiding officer;
(ii) contains any means by which the name of the voter may be identified;
(iii) contains votes for more candidates than the number to be elected; or (iv) has no vote indicated on it.
(b) A voting paper shall not be informal for any reason other than a reason speci- fied in paragraph (a) hereof but shall be given effect to according to the voter's intention so far as his intention is clear.
(c) The Registrar's decision as to the validity or regularity of any voting paper shall be final.
( 8) Declaration of Elected Candidates. On completion of the counting of the votes, the Registrar shall declare the names of the candidates elected and the number of votes cast for each candidate.
( 9) Equality of Votes. In the event of an equality of votes the election shall be decid- ed by lot conducted by the Registrar.
( 1 O) Custody of Election Material. After the end of the counting the Registrar shall fasten and seal in one packet all the ballot papers, together with any other papers and documents signed or marked by a voter and a marked copy of the roll signed by the Registrar and the scrutineers, and keep the packet safely for twelve months, after which time it may be destroyed.
( 1 1 ) Recording the Result of Election. The Registrar shall prepare a statement signed by himself and counter-signed by such of the scrutineers as may wish so to do containing the names of the candidates and the number in words as well as in figures of the votes received by each candidate and a declaration of the names of the candidates who have been elected, and place that statement and declara- tion in the packet referred to in Clause 10 of this Schedule.
( 1 2) Registrar to Report. The Registrar shall report the names of the persons elected to the Chairman of the Board of Advanced Education for transmission to the Minister and to the Chairman or, in his absence, some member of the Council nominated by him or by the Council for that purpose, and shall publicly notify such names by posting a copy of the statement prepared as aforesaid upon a notice board at each campus of the college.
BY-LAW NO. 4 - THE COMMON SEAL
( 1 ) Custody of Common Seal. The Common Seal shall be and remain in the custo- dy of the Registrar and shall not be affixed to any document except pursuant to
BY-LAWS
( 2) Use of Common Seal. The Common Seal shall be affixed by the Registrar or other person authorized by the Council to such documents as the Council may by resolution determine and subject to Section 62Z of the Education Act 1964-1974 every such document shall be signed by -
(a) the Chairman or in his absence the Deputy Chairman; and (b) the Registrar or other person authorized by the Council.
( 3) Registrar. A record of each affixation of the Common Seal shall be entered by the Registrar in a register kept for such purpose.
( 4) Rules. The Council may make Rules for the carrying into effect of all or any of the provisions and objects of this By-law.
BY-LAW NO. 5 - MEETINGS OF COUNCIL
( 1 )
(2)
(3)
(4)
(5)
(6)
(7)
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Council to Meet. Subject to the provisions of Regulation 70 of the Education Act 1964-1974, the Council shall meet as frequently as is necessary to ensure the efficient operation of the college.
Chairman May Call Special Meetings. The Chairman, or, in his absence, the Deputy Chairman, or, in the absence of both, the Director may call a special meet- ing for consideration of any urgent business.
Request for Meetings. Upon the written request of any seven members, the Regis- trar shall convene a special meeting of the Council to be held within fourteen days after the receipt of the request. The written request shall set forth the objects for which the meeting is required.
Initiation of Business by Members of Council. Except with the permission of the meeting, a member other than the Chairman or the Director shall not initiate any subject for discussion at an ordinary meeting except in pursuance of notice given at the previous ordinary meeting of the Council, or conveyed by letter to the Registrar fourteen clear days before the meeting, and the Registrar shall enter all such notices in a "Notice of Motion Book" to be kept by him for the purpose.
Notice of and Business at Meetings. Notice of a meeting and a copy of the busi- ness papers accompanied by supporting statements in sufficient detail shall be posted or delivered by the Registrar to each member of the Council at least five days prior to the meeting. Subject to the approval of the meeting, the Chairman may allow additional business to be circulated with less notice or to be tabled at the meeting.
Lack of Quorum. In the event of a quorum not being present within half an hour after the time appointed for a meeting, the Chairman, or, in his absence, the Deputy Chairman, or, in the absence of both the Chairman and the Deputy Chairman, the members present, or the majority of them, or any one member if only one is present, or the Registrar, if no member is present, may adjourn such meetings to any time not later than fourteen days from the date of such adjournment: Provid- ed that nothing herein shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held.
Minutes. The minutes of any preceding meeting of the Council, whether ordinary or special, not previously approved as being a true record, shall be circulated to members of the Council prior to the meeting at which they are to be considered.
Upon being approved as correct such minutes shall be signed by the Chairman as being a true record.
Adjournment. The Council may adjourn any meeting to a later date.
( 9) Rules. The Council may make Rules for the carrying into effect of all or any of the provisions and objects of this By-law.
BY-LAW NO. 6 - COMMITTEES APPOINTED BY THE COUNCIL
( 1 ) Council may Appoint Committees.
(a) The Council may from time to time -
(i) appoint committees either for general or specific purposes;
(ii) require a committee to advise the Council in respect of any matter or class of matters concerning the college.
(b) A committee appointed by the Council shall consist of not less than three (3) members. A quorum shall consist of a majority of the members of the committee.
(c) A committee may be appointed for the purpose of acting upon, inquiring into, or advising upon a matter or class of matters which in the opinion of the Council may arise at a future date.
(2) Duties and Powers of Committees. Every committee shall -
(a) take and keep under review matters within its scope with a view to their sys- tematic development and reform, their proper and efficient administration, and the provision of proper and adequate facilities in regard thereto;
(b) consider and advise upon any matter within its scope which may be referred to it;
(c) consider recommendations (whether made to the Council or to any other college body) relating to any matter within its scope;
(d) carry out such other duties and exercise such other powers as the Council may from time to time decide.
( 3) Membership of Committees.
(a) The Council may appoint to a committee such members of the Council or other persons as the Council may from time to time determine.
(b) The Chairman shall by virtue of his office be a member of each committee of the Council.
(c) A committee may co-opt such persons as it considers appropriate for the efficient conduct of its business.
( 4) Chairman of a Committee. The Council may from time to time appoint a mem- ber of a committee to be Chairman of that committee. In the absence of such ap- pointment or in the event of the absence of the Chairman of a committee from a meeting of that committee, the committee shall elect one of its members to be Chairman.
( 5) Conduct of Business. Subject to the By-laws and the general control of the Coun- cil, every committee may make its own rules for the conduct of its business.
( 6) Recommendations to Committees. A person or body authorised to make recom- mendations to the Council involving any matter within the scope of a committee may instead make such recommendations to the Committee.
( 7) Further Powers of Committees. A committee may consider and advise upon any matter or class of matters within its scope which may be referred to it by the Council or any authority or officer of the college or by any other person or body who or which, in the opinion of the committee, has sufficient interest in the matter to make its action in referring it to the committee reasonable in the circumstances.
( 8) Sub-Committees. A committee may appoint sub-committees to consider and ad- vise on any matter assigned, referred or delegated to the committee. A sub-
BY-LAWS
(9) Committee may Consult or Refer. A committee may consult with or refer any matter for consideration and advice to such persons or bodies, whether members of the college or not, as it deems fit in the execution of its powers or the perfor- mance of its duties.
( 1 O) Committee to Report to Council. After each of its meetings every committee shall transmit to the Council a report on matters upon which it wishes to make recommendations to the Council or which concern matters to which it desires to draw the attention of the Council.
( 11) Saving of Other Powers of Council. Nothing in this by-law shall limit the powers conferred upon the Council by the Education Act 1964-1974 or any By-law or Rule, and in particular and without limiting the generality of the foregoing, every com- mittee shall exercise its authority subject to the supreme control of the Council.
( 1 2) Rules. The Council may make rules for the carrying into effect of all or any of the provisions and objects of this By-law.
BYmLAW NO. 7 - EMPLOYEES
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(3)
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Council may Appoint Employees. The Council may - (a) appoint, promote and dismiss employees;
(b) declare the employment of any employee to have been abandoned by such employee; and
(c) approve the grant of salary progression to any employee within the salary scale applicable to such employee.
Discipline of Employees.
(a) The Council may take disciplinary action against any employee who is guilty of a breach of discipline.
(b) In this By-law the expression "take disciplinary action against" means fine up to a maximum of $100, reprimand, suspend, dismiss or reduce in sta- tus, and the expression "guilty of a breach of discipline" means guilty of neglect in the discharge of his duties or of misconduct which is detrimental to the college.
Suspension of Employees.
(a) Where, in his opinion, such action is necessary or desirable in the interests of the college, the Director may suspend an employee and may exclude him from admission to the precincts of the college or to any of its buildings provided however that the employee may attend the meeting of the Discipli- nary Advisory Committee referred to in subsection (c).
(b) After suspending an employee in accordance with subsection (a) the Direc- tor shall forthwith submit a report on the circumstances thereof to the Council.
(c) The Council shall consider the report of the Director without delay and shall determine that the suspension shall be lifted or shall refer the matter for the urgent consideration of the Disciplinary Advisory Committee.
(d) An employee whilst under suspension shall not receive pay or any other entitlements of his office pending determination of his case by the Council.
(e) If the suspension of an employee is lifted by the Council and he thereupon resumes his duties, all salary and other entitlements of his office which would have been payable to him if he had not been suspended shall become im- mediately payable to him.
Disciplinary Advisory Committee.
(a) There shall be constituted from time to time as and when necessary a Dis- ciplinary Advisory Committee consisting of the following members:
The Chairman or Deputy Chairman who shall be the Chairman,
(b) (c) (d)
(e)
(f) (g)
Two persons nominated by Council,
Two persons nominated by the President of the relevant Staff Associ- ation, provided that in the event of the President of the Staff Associa- tion failing to nominate two persons within seven days of being requested, the Council may nominate two persons.
Three members of the Committee shall be a quorum.
In the event of equality of votes the Chairman shall exercise a casting vote.
The Functions of the Committee shall be to make inquiry into and report to the Council on the existence and sufficiency of any alleged ground for disciplinary action against any employee which may be referred to it by the Council.
The Committee shall -
(i) furnish to the employee concerned particulars in writing of the alleged breach of discipline and give him a reasonable time to prepare his defence; and
(ii) when making inquiry into the matter -
A. consider such submissions, materials and evidence as are relevant;
B . give the employee concerned reasonable opportunity to be heard and to make such submissions and to present such materials and evidence as are relevant; and
C . furnish the Council and the employee concerned with a copy of its findings.
An employee in respect of whom the Committee has made an adverse report shall be entitled to make written and verbal representations to the Council.
The Director shall not be a member of the Disciplinary Advisory Committee.
( 5) Action by Council. The Council shall consider a report of the Disciplinary Advi- sory Committee and shall -
(a) dismiss the matter;
(b) take such disciplinary action against the employee concerned as is recom- mended in the report; or
(c) take any other disciplinary action against the employee concerned as provid- ed in this By-law.
( 6) Rules. The Council may make Rules for the carrying into effect of all or any of the provisions and objects of this By-law.
BY-LAW NO. 8 - STUDENT DISCIPLINE
( 1) Powers of Staff. A member of the teaching staff or a librarian in charge of a library or a Warden of a Halls of Residence may, in respect of any misconduct by a stu- dent committed in a class or facility under his control, suspend a student from attendance at such a class or from use of such facility for such period, not ex- ceeding twenty-four hours, as he may determine, and shall forthwith advise his immediate superior officer who in turn shall advise the Campus Principal concern- ing the action taken.
( 2) Powers of the Campus Principal. The Campus Principal, whether following receipt of advice as referred to in the preceding Section of this By-law or otherwise, may in respect of any misconduct fine a student an amount not exceeding $25 or al- ternatively or in addition may take any one or more of the following courses of action:
(a) reprimand and warn the student against repetition of the misconduct;
(b) suspend the student for a period not exceeding one week which shall in- clude any period of suspension imposed under Section (1) of this By-law;
(c) suspend the student from examinations either prior to or during the curren-
BY-LAWS
(3)
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62 (d) (e) (f)
currency of an examination unless the Campus Principal is of opinion that such action is necessary to enable other candidates to concentrate or to preserve order and decorum in the examination centre;
forbid the student to use any specified facility of the college or to take part in any specified activity for a period not exceeding one semester;
order the student to make restitution for any damage to property involved;
recommend to the Director that a Discipline Committee be appointed to in- quire into and take action under this By-law with respect to the matter, provid- ed that in such case the student may request the Director in writing to deal with the matter himself and on receipt of such request the Director may if he thinks fit exercise all the powers of a Discipline Committee in respect of the matter.
Review of Action by Director.
(a) A student against whom action has been taken in accordance with the pro- visions of the preceding Sections of this By-law may appeal to the Director.
(b) The appeal shall be by notice in writing addressed to the Director through the Campus Principal and given within fourteen days of the notification of the action appealed from and setting out the basis on which the appeal is made. The Director shall consider the appeal in such manner as he deems appropriate to the circumstances of the case and may confirm, vary, increase, reduce or annul the action taken or the fine imposed.
Discipline Committee.
(a) If the Director is of the opinion that an allegation against a student would, if proved, involve misconduct of such gravity that it should not be dealt with under a preceding section of this By-law, he may appoint a Discipline Com- mittee to inquire into the matter. The Committee shall consist of - (i) three members of the staff appointed by the Director; and
(ii) two students nominated by the President of the Brisbane College of Advanced Education Union, provided that in the event of the Presi- dent of the Union failing to nominate two students within seven days of being requested, the Director may nominate two students.
b) The Chairman of the Committee shall be such member as the Direc- tor may determine.
(c) The Registrar or his nominee shall be secretary to each Discipline Committee, provided always that if the Registrar shall be directly in- volved in any matter referred to the Committee, he shall appoint a member of his staff to act.
(d) Three members of the Committee shall be a quorum.
(e) In the event of equality of votes the Chairman shall exercise a casting vote.
(f) The functions of the Committee shall be to make inquiry into and report to the Director on the alleged misconduct.
(g) The Committee shall -
(i) furnish to the student concerned particulars in writing of the alleged misconduct and give him a reasonable time to prepare his defence; and (ii) when making inquiry into the matter -
A. consider such submissions, materials and evidence as are relevant;
B . give the student concerned reasonable opportunity to be heard and to make such submissions and to present such materials and evidence as are relevant;
C. furnish the Director and the student concerned with a copy of its findings; and
D. make such recommendations to the Director as it sees fit in the circumstances.
(h) No proceeding of the Committee shall be rendered invalid by reason of any informality in its proceedings or in the absence of any member from a meet- ing, providing that a quorum is otherwise present.