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Acts & Ordinances
Synod Elections Ordinance 2000 No 27, 2000 Table of Contents
An Ordinance for the conduct of elections by members of the Synod of the Diocese of Sydney and for other matters. The Synod of the Diocese of Sydney ordains. This Ordinance is the Synod Elections Ordinance 2000. 2. Adoption of rules for the conduct of elections (1) The rules for the conduct of Synod elections are the rules contained in the Schedule. (2) The rules do not apply to the election of:
or the Synod offices or positions of
which are provided for in the Schedule to the Conduct of the Business of Synod Ordinance 2000. (1) The following are repealed:
(2) Each reference in an ordinance (other than this Ordinance) to the Elections Ordinance 1970 is changed to a reference to the Synod Elections Ordinance 2000. (3) Each reference in an ordinance (other than this Ordinance) to the Casual Vacancies Ordinance 1935 is changed to a reference to Part 7 of the Schedule to the Synod Elections Ordinance 2000. (4) Nothing in this clause affects any matter or thing done before the commencement of this Ordinance. This Ordinance commences on the day next following the last day of the second session of the 45th Synod or on the day on which assent is given to this Ordinance, whichever is later.
1.1 Introduction These rules set out the procedure for conducting elections by Synod members. The procedure is summarised in the following diagram.
The rules in this Schedule contain the detail of this procedure, and deal with other matters. 1.2 Definitions In this Schedule
2.1 Appointment of the Returning Officer and Deputy Returning Officer No later than 8 weeks before the first appointed day of an ordinary session of the Synod, the Archbishop-in-Council is:
2.2 Functions of the Returning Officer The Returning Officer is to exercise the functions of the Returning Officer in this Schedule. The Returning Officer may use such assistance as he or she considers necessary. 2.3 Functions of the Deputy Returning Officer If the Returning Officer is unable to exercise the functions of the Returning Officer in this Schedule, those functions are to be exercised by the Deputy Returning Officer appointed under rule 2.1.
3.1 Notice of elections (1) No later than 8 weeks before the first appointed day of an ordinary session of the Synod, the Secretaries are to cause to be sent to every member a notice which:
(2) For the purposes of rule 3.1(1)(b), the Secretaries are taken to have good reason to believe that a person retiring from an office is willing to be nominated for re-election if:
(3) The Archbishop-in-Council may prescribe from time to time the form of the notice referred to in rule 3.1(1). 3.2 Nominations (1) A nomination for an election referred to in the notice of the Secretaries under rule 3.1 is to be delivered to one of the Secretaries no later than 5.00 pm on that day (the "nomination closing day") which is 6 weeks before the first appointed day of the session. (2) A nomination is:
(3) A nomination which does not comply with rule 3.2(2) is invalid except that an error in the specified address or occupation of the nominee does not of itself invalidate a nomination. (4) If a retiring person is eligible for re-election and the notice of the Secretaries under rule 3.1 specifies there is good reason to believe that the retiring person is willing to be nominated, it is sufficient grounds for one of the nominators to certify that the nominee has consented to the nomination. (5) The Secretaries are to acknowledge each valid nomination by sending written notice to the address referred to in rule 3.2(2)(g). (6) After the nomination closing day, the Secretaries are to send to the Returning Officer a list or lists of:
(7) The Secretaries are to retain each nomination received by them until:
3.3 Precis of nominees for elections (1) A precis of a nominee for an election may be delivered to the Secretaries no later than 5.00 PM on the nomination closing day. A precis of a nominee is:
(2) The Secretaries are to arrange for each precis received under rule 3.3(1), or a statement to the effect that no precis has been received, to be printed in alphabetical order according to the surnames of the nominees. 3.4 Withdrawal of nominations (1) A nominee may withdraw from the election if written notice signed by the nominee is received by the Secretaries no later than 5.00 PM on the nomination closing day. (2) If:
the nomination is to be regarded as having been withdrawn. (3) A nomination cannot be withdrawn after 5.00 PM on the nomination closing day. 3.5 Death etc of a nominee after the close of nominations (1) If, after 5.00 PM on the nomination closing day and prior to the declaration of the result of an election under rule 4.1(2), 5.3(7), 5.4(7) or 6.6(2), a nominee dies or ceases to be qualified or otherwise eligible to be elected to the office, the election is to be conducted in accordance with this Schedule and, if the nominee is declared elected, the nominee is to be regarded as having ceased to hold the office immediately after the making of the declaration. (2) A vacancy in an office which arises under rule 3.5(1) is taken to be a casual vacancy.
4.1 Uncontested elections (1) If the number of persons nominated for election to an office does not exceed the number of persons to be elected the Returning Officer is to forthwith give notice to the President of:
(2) At the time provided for on the first appointed day of the session, the President is to declare elected to their respective offices the persons named in the notice in rule 4.1(1). 4.2 Different terms of office If, in an election:
the retiring members (if any) who have been nominated are to be declared elected for the longer terms of office in order of the length of service of each since last being elected to office. Any distinction required to be made between other persons is to be decided by lot in such manner as the President directs.
5.1 Contested elections If the number of nominees for election to an office is greater than the number of persons to be elected, a ballot is to be held in the manner set out in this Part. 5.2 Notice of contested elections and precises of nominees (1) The Secretaries are to send to every member and the chairman of the relevant organisation a notice which specifies, or notices which specify:
(2) The notice referred to in rule 5.2(1) is to be sent:
(3) The notice referred to in rule 5.2(1) is to be accompanied by a document or documents containing the precises of nominees in the election or elections to which the notice relates. 5.3 Conducting a ballot before a session of the Synod (1) A ballot to be held before the first appointed day of a session of the Synod is to be conducted in accordance with this rule 5.3. (2) The ballot will close at 5.00 PM on the day (the "ballot closing day") which is 4 weeks before the first appointed day of the session. However if that day is a Saturday or Sunday or public holiday, the ballot closing day is the next day which is not a Saturday, Sunday or public holiday. (3) Not less than 5 weeks before the first appointed day of the session, the Secretaries are to send to each member:
(4) A member who wants to vote in the ballot is:
(5) All envelopes received by the Returning Officer before 5.00 PM on the ballot closing day are to be opened by the Returning Officer and the envelopes endorsed "Ballot Paper" are to be placed in the ballot box. The signed certificates are to be retained until the conclusion of the election. (6) As soon as possible after 5.00 PM on the ballot closing day the Returning Officer is:
(7) As soon as convenient after receiving the Returning Officer's report, the President is:
5.4 Conducting a ballot at or during a session of the Synod (1) A ballot to be held at or during a session of the Synod is to be conducted between 2.00 PM and 9.00 PM on the first appointed day and second appointed day of the session. (2) The ballot is to be held at a place which:
(3) Between 2.00 PM and 8.00 PM on the days on which the ballot is conducted, the Returning Officer is to provide to a member upon request a ballot paper in the form required by rule 5.5 for each election in which the member is entitled to vote. (4) A member who wants to vote in the ballot is:
(5) The ballot closes at 9.00 PM on the second day of the session. (6) As soon as possible after 9.00 PM on the second appointed day of the session the Returning Officer is:
(7) As soon as convenient after receiving the Returning Officer's report, the President is:
5.5 Form of Ballot Paper The Archbishop-in-Council may prescribe from time to time the form of ballot paper to be used in a ballot conducted under this Schedule. 5.6 Method of completing ballot papers (1) Votes in a ballot conducted under rule 5.3 or 5.4 are to be indicated by placing a cross (X) in the square opposite the name of the person or names of each of the persons for whom the member wishes to vote. (2) A ballot paper which contains more names marked with a cross than the number of offices to be filled is informal. (3) A ballot paper which has been completed in accordance with rules 5.6(1) and 5.6(2) is to be regarded as formal. A ballot paper which has not been completed in accordance with rule 5.6(1) is to be regarded as informal, and is not to be considered in determining the result of the ballot. 5.7 Spoilage etc of ballot papers If:
another ballot paper may be given to the member in the place of the original. 5.8 Different terms of office If, in an election for which a ballot is held in the manner set out in this Part, the persons to be elected are not required to serve the same term of office, the persons who receive the highest number of votes are to be declared to be elected for the longer terms of office. 5.9 Equality of votes If in any ballot any 2 or more members receive an equality of votes making the result of the ballot doubtful, the ballot shall be subject to a recount. If, in the event of the votes still being equal, the office or offices in doubt are to be decided by lot in such manner as the President directs.
6.1 Application for a recount (1) An application for a recount for any ballot conducted under this Schedule may be made by:
(2) An application for a recount is not to be made if a recount has already been scheduled to take place, or had already taken place, in respect of the same ballot. (3) An application for a recount is:
(4) The applicant or applicants for a recount may request in the application that a person, other than the Returning Officer appointed under rule 2.1, act as Returning Officer for the recount. (5) An application for a recount is to be made to the Secretaries:
(6) Upon receipt of an application for a recount, the Secretaries are to notify the President immediately and send him a copy of the application. 6.2 Direction for a recount (1) If the President thinks there is good reason for a recount:
(2) The President is to notify the Secretaries immediately in writing that he has directed a recount and of the name and address of the person appointed to act as Returning Officer for the purposes of the recount. (3) Upon receipt of a notification from the President under rule 6.2(2) the Secretaries are forthwith:
6.3 Notice of a recount (1) The Returning Officer is to give at least 24 hours notice of a proposed recount to:
(2) A notice under rule 6.3(1) is to specify the date, time and place where the recount is to take place. (3) The person having the custody of the ballot papers, and any other papers used in the ballot, is to produce those papers to the Returning Officer at the date, time and place specified in the notice under rule 6.3(1). 6.4 Appointment of scrutineers for the recount The following persons may each appoint a scrutineer to be present at the recount:
6.5 Conducting the recount (1) The Returning Officer, in the presence of any scrutineers appointed under rule 6.4, is to cause the ballot papers to be scrutinised and the votes indicated on the formal ballot papers to be counted. The Returning Officer may also inspect any other papers used in the ballot. (2) In carrying out his or her functions, the Returning Officer may use such assistance as he or she considers necessary. 6.6 Results of the recount (1) As soon as possible after the recount has been completed. the Returning Officer is to prepare and send to the President a report containing:
(2) As soon as convenient after receiving the Returning Officer's report, the President is:
(3) A declaration made under rule 6.6(2) cancels the previous declaration made in respect of the ballot under rule 5.3 or 5.4, to the extent of any inconsistency between those declarations. (4) A person who is declared to have been elected under rule 6.6(2) takes office immediately, if he or she has not already done so. A person who was declared to have been elected under rule 5.3 or 5.4 but who is not declared to have been elected under rule 6.6(2) immediately ceases to hold office.
7.1 Casual vacancies (1) A casual vacancy in any office arises in the circumstances specified in:
(2) A casual vacancy in an office to which the holder was elected by the Synod, or which was filled by Standing Committee under this Part 7, arises if:
(3) If a person holding office resigns by notice in writing to the Diocesan Secretary, the Diocesan Secretary is to forthwith give notice of that resignation to the chairman or secretary, if any, of the board, council or committee of which the office forms part. 7.2 Filling of casual vacancies (1) Subject to the terms of any ordinance which creates the office, a casual vacancy in that office to which the holder is elected by the Synod may be filled by the Standing Committee when the Synod is not in session. (2) If a casual vacancy arises in an office on a school council to which the holder was elected by the Synod, or which was filled by the Standing Committee under this Part 7, the Standing Committee is to consult with the chairman of the school council regarding nominations for the filling of that vacancy. (3) Subject to the terms of any ordinance applying specifically to the office:
(4) A vacancy in any office which was not filled in an election conducted at or during a session of the Synod is to be regarded as a casual vacancy and is to be filled in accordance with the terms of any ordinance applying specifically to that office. Otherwise, the vacancy may be filled:
7.3 Filling of certain vacancies among members of the Standing Committee Notwithstanding clauses 1A and 3(1) of the Standing Committee Ordinance 1897, an election by the Synod to fill a casual vacancy in the office of member of Standing Committee referred to in clauses 1A(1)(b) and 1A(1)(c) of the Standing Committee Ordinance 1897 is to be conducted during the next ordinary session of the Synod.
8.1 Election of certain members of regional councils For the purposes of the elections for the persons referred to in clauses 4(1)(c), 4(1)(d) and 4(1)(e) of the Regions Ordinance 1995, this Schedule applies subject to the following:
8.2 Impossibility or impracticability etc of conducting an election (1) This rule applies:
(2) The election is to be conducted in the same manner as an election is to be conducted under this Schedule prior to the first appointed day of a session except that, for the purposes of the election, the Archbishop-in-Council is to specify a date which is to be regarded as the first appointed day of the ordinary session for the purposes of applying the relevant rules in this Schedule. 8.3 Irregularities in an election (1) If the President thinks that:
he may direct that a new election take place. (2) The President may not give a direction under rule 8.3(1):
8.4 Regulations The Archbishop-in-Council may make regulations to give effect to the rules in this Schedule, including to provide for any matter or thing not provided for in the rules which may be necessary for an election to be conducted effectively. I Certify that the Ordinance as printed is in accordance with the Ordinance as reported. N M CAMERON Chairman of CommitteesWe Certify that this Ordinance was passed by the Synod of the Diocese of Sydney on 17 October 2000. C J MORONEY M A PAYNE Secretaries I Assent to this Ordinance. R H GOODHEW Archbishop of Sydney 23/10/2000 | ||||||
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