(a) The election of Officers of the Branch Committee of Management and of other Officers required to be elected under this Rule shall be conducted by the Branch Returning Officer by secret postal ballot of financial members of the Branch. Except in the case of the TOA Branch Committee of Management Members, the positions referred to in 68(b) and (c) shall be elected by secret postal ballot of financial members of the relevant Divisional Section.
The ballot shall close at 12 noon on the thirtieth day of June in the year of the election or on the first working weekday following should the thirtieth day of June fall on a holiday or weekend and shall commence on the first day of June or the first working weekday following that date in the year of the election.
(b) The Branch Returning Officer shall:
(i) prepare a Roll of Voters who are entitled to vote in the election. The Roll of Voters shall close seven (7) days before the day on which nominations for the election are to open. Nothing in this sub-rule shall prevent the correction of errors in the Roll of Voters after the Roll is closed.
(ii) make the Roll of Voters available for inspection and copying by members or by any other person authorised by him/her, to be used for election purposes only, during ordinary business hours at the place where he/she carries out their duties in relation to the election in the period commencing the day after the Roll of Voters is closed and ending thirty (30) days after the declaration of the result of the election.
(iii) keep the Roll of Voters and they may be supplied electronically.
(c) The official designation of any candidate and/or the section in which he/she is employed shall not be permitted to appear on any ballot paper issued by the Branch Returning Officer.
(d) The Branch Returning Officer shall:
(i) be responsible for the safe custody of the ballot papers;
(ii) obtain from the printer a certificate of the number of ballot papers printed;
(iii) initial every ballot paper prior to its distribution;
(iv)
(A) forward by pre-paid post in an envelope having as few distinctive characteristics as possible to each member entitled to vote:
(1) such ballot paper or ballot papers as is or are appropriate for the purpose of the election;
(2) a pre-paid or business reply paid envelope having as few distinctive characteristics as possible addressed to the Returning Officer at a Post Office Box number designated by him/her;
(3) an envelope capable of insertion in the outer envelope referred to in (ii) above, such envelope to have provision on the outside of the envelope for the member to fill in the member's name and address and to sign his or her signature;
(4) an envelope marked 'ballot paper only' capable of insertion in the envelope referred to in (3) above;
(5) voting instructions, printed either on the ballot paper referred to in (1) above or on a separate sheet of paper, containing such voting instructions as the Returning Office considers necessary or desirable including an instruction that the completed ballot paper should be inserted in the envelope referred to in (4) above, the envelope sealed and inserted into the envelope referred to in (3) above, the name, address and signature to be completed on the envelope referred to in (3) above, the envelope sealed and enclosed in the outer envelope referred to in (2) above and returned by post to the Returning Officer. Such instructions shall make clear that the process of counting by the Returning Officer shall eliminate any possibility of ascertainment of a member's identity.
(B) at the time of forwarding of ballot papers and other documents referred to in (A) above and, subject to the employer corporations approval, prepare a Notice and arrange for the placing of such Notice on the Notice Boards at places where more than ten members work or report for work, informing members of the forthcoming election, the distribution of ballot papers and a statement that any member entitled to vote who does not receive a ballot paper by a date specified by the Returning Officer in his/her discretion, being a date some date after projected posting and before counting begins, to report such non receipt to the Returning Officer;
(v) control a ballot box provided for the receipt of ballot papers and in the presence of the scrutineers if they desire to be present to see that the box is empty immediately prior to the opening of the ballot and thereupon seal the said box and to ensure that it remains sealed, until the time fixed for the closing of the ballot;
(vi) (A) after the closing date of the ballot in the presence of scrutineers appointed pursuant to Rule 72(c) to open each envelope referred to in (d)(iv)(A)(2) above which has been returned to him/her, examine the section of the envelope referred to in (d)(iv)(A)(3) above, strike the name of the member appearing thereon off the roll as having voted in the election, and subject to (B) below, admit the inner envelope marked 'ballot paper only' containing the ballot paper to the count after removing it from the outer envelope;
(B) conduct prior to the removal of the inner envelope marked 'ballot paper only', in the presence of scrutineers, a random check of the signatures appearing on the outer envelope by comparing approximately one signature in every one hundred votes of the signature appearing in the organisation's records, provided the Returning Officer shall have a complete discretion to check any additional signatures as he/she thinks fit;
(C) engage, if he/she thinks fit, the services of a Bank Officer, or such other person skilled in the comparison of signatures, to assist him/her in decisions relating to signatures, providing that the Returning Officer shall be the final judge of whether the envelope has been signed by the member named therein:
(D) after processing each of the envelopes referred in (A) above, to remove the ballot papers admitted to the count from the envelopes marked 'ballot paper only' and proceed to count the ballot;
(E) no envelope referred to in (d)(iv)(A)(3) above shall be admitted to the count if the envelope has not been filled up or has not been filled up to an extent sufficient in the opinion of the Returning Officer to enable him/her to be satisfied as to the identity of the member casting such vote;
(F) to retain for a period of twelve months after completion of an election the roll of voters, and each envelope and the ballot paper referred to above;
(G) the Returning Officer for the purposes of carrying out the matters set out in (A), (B), (C) and (E) above may require the relevant Branch Secretary to provide him/her with reasonable access to the Branch Membership Records at such and for such period or periods of time as he/she might reasonably require. Such access shall not be or deemed to be possession for the purposes of (F) or the provisions of the Industrial Relations Act though any copies of such membership records, or parts thereof, made by or on behalf of the Returning Officer and coming into his/her possession shall be retained for a period of twelve months in accordance with the provisions of the Industrial Relations Act or pursuant to (F) above as the case may be.
(H) wherever in this Rule there is reference to the Returning Officer such expression shall include any of his/her staff or any person duly authorised by him/her or on his/her behalf to conduct or assist in the conduct of any of the said elections or any part thereof.
(vii) following the close of nominations in the year of election the Returning Officer shall declare the results of the ballot as a whole or as far as it has progressed and submit a report to the Branch Secretary. On completion of the ballot for the remaining positions, the Returning Officer shall declare the result of the ballot and submit a full report to the Divisional Secretary indicating the number of ballot papers printed, the number distributed, the number on hand, and any other relevant matters.
(e) The system of voting adopted by a Branch shall be known as first past the post and shall allow for an order of preference to be indicated by the voter so that in the event of the elimination of a candidate or candidates an effective vote may still be cast. In the event of the votes of two or more candidates, one of whom is sitting Officer, being equal, the sitting Officer shall be declared to be elected. In other cases of equal voting the Returning Officer shall determine the ballot by drawing lots. Where a member votes and his/her intention is clear, his/her vote will be included in the count. This intention may be indicated by a cross or a tick or a number.
(f) Except in the case of the TOA Branch, the election of Branch Committee of Management Members shall be conducted by the Branch Returning Officer in a similar manner to the election of other Officers of the Branch; provided that in the election of these Members the voting shall be confined to members attached to the respective Divisional Sections, a list of whose names shall be supplied by the Branch Secretary.
(g) One member from each Divisional Section, elected by a General Meeting, shall be present as scrutineers during the counting of the ballot.
(h) Branches shall provide, by resolution of the Branch Committee of Management for the election of Delegates and/or Alternate Delegates to any body, having a state-wide character and with which a Branch is affiliated. Alternate Delegates so elected shall be entitled to act in the unavoidable absence of Delegates. Delegates and/or Alternate Delegates to these bodies shall be elected at such time and place as may be determined by the Branch from time to time. Nominations of Alternate Delegates shall be called for and made as an office and be elected in a separate ballot from that of Delegates and the ballots for these positions shall be conducted by the Branch Returning Officer by a secret ballot of the Branch Committee of Management. Representatives and Deputy Representatives on Promotions Appeal Boards constituted by the Postal and Telecommunications Commissions shall be elected by the Branch Committee of Management in the same manner as provided for in this sub-rule. Nominations for all such positions shall be called for as provided in these Rules.
(i) Any candidate for election to a position on the Branch Committee of Management or any other position which is included in the ballot at the Biennial Election of Officers may, on payment of a sum of $10 and within seven days of the declaration of the poll or ballot, lodge with the Secretary of the Branch to which he/she is attached a demand for a recount, with the right to appoint his/her own scrutineer, and upon receipt of such demand the Secretary shall arrange within seven days for a recount to take place. In the event of the recount result being in favour of the person seeking the recount, the sum of $10 shall be refunded to the person concerned.
(j) The Branch Returning Officer may take action and give such directions as he/she considers necessary in order to ensure the secrecy of the ballot and that no irregularities occur in or in connection with the election or to remedy any inconsistency or inadequacy that arises in the application of the Rules in the conduct of the election.
(k) Circulars on behalf of candidates shall not bear the word "Official" and shall be authorised by at least one member of the Division.
68 - FILLING BRANCH VACANCIES - SHORT TERM
(a) In the event that any Branch Officer or Branch Committee of Management position becomes vacant for any reason and the unexpired part of the term is less than twelve (12) months or three quarters of the term of office before the date of the closing of the ballot for the next elections whichever is the greater the vacancy shall be declared vacant by the Branch Committee of Management at its next scheduled meeting and shall be filled by appointment of the Branch Committee of Management within three (3) months of the declaration of the vacancy.
(b) A person elected under this Rule to a Branch Office or Branch Committee of Management position shall hold office until the completion of the Branch ballot next following the filling of the said vacancy and if nominating for the same office or position at the next Branch ballot shall be deemed to be the holder of that office or position in accordance with Rule 4(j).
69 - FILLING BRANCH VACANCIES - LONG TERM
(a) In the event that any Branch Officer or Branch Committee of Management position becomes vacant for any reason and the unexpired part of the term is more than twelve (12) months or three quarters of the term of office before the date of the closing of the ballot for the next election whichever is the greater, the vacancy shall be declared vacant by the Branch Committee of Management at its next scheduled meeting following the occurrence of the vacancy. The election shall be conducted in the same manner and subject to the provisions of Rules 66 and 67.
(b) A person elected under this Rule to a Branch Office or Branch Committee of Management position shall hold office until the completion of the Branch ballot next following the filling of the said vacancy and if nominating for the same office or position at the next Branch ballot shall be deemed to be the holder of that office or position in accordance with Rule 4(j).
70 - CASUAL VACANCIES-BRANCH OFFICERS-FULL TIME POSITIONS
(a) Notwithstanding anything contained in Rules 68 and 69, where an office of a full-time officer (other than the position of a full-time Branch President or a full-time Branch Secretary) becomes vacant more than 56 days prior to the opening of nominations for the next election of the office concerned as provided by Rule 66, the Branch Committee of Management may resolve to abolish the office.
(b) Where the abolition of an office referred to in sub-rule (a) would result in no Divisional representation for a particular Division in the Branch office the Branch Committee of Management may resolve to abolish the office, or to convert the office to an honorary office.
(c) Where the Branch Committee of Management, resolves to abolish an office or to convert an office to an honorary office as referred to in sub-rule (a) or (b) hereof, the Branch Secretary shall refer the resolution to the Divisional Secretary who shall in accordance with Rule 10(b) submit to Divisional Conference within 14 days:
(i) the resolution to abolish the office, or to convert the office to an honorary office, as the case may be, for endorsement; and
(ii) the necessary rule changes required under the rules to abolish the office concerned or to convert the office concerned into an honorary office.
(d) Pending requirements of sub-rules (a), (b) and (c) and the certification of the rule changes by an Industrial Registrar, the provisions of Rules 68 and 69 shall not apply.
(a) A Branch Returning Officer and an Assistant Returning Officer shall be selected by a Branch General Meeting or the Branch Committee of Management at the Annual General Meeting in the year preceding the year of election conducted pursuant to Rule 68 and 69 from a list of candidates who are financial members or Honorary Life Members of the Branch within the State in which the head office of the Branch is situated, and who do not hold any other office in, nor are employees of, the Union or of a Branch or Section or Division of the Union. The Branch Returning Officer shall be responsible for the conduct of all elections to an office within the Branch. Candidates for selection as Branch Returning Officer must make application in writing to the Branch Secretary. Applications must contain the address of the candidate and will close with the Branch Secretary at a time fixed by the Branch Committee of Management.
(b) The Assistant Returning Officer shall assist the Returning Officer in the conduct of the ballot for the election of Officers and shall be empowered in the absence of the Returning Officer to perform the whole of the functions of the Returning Officer.
(c) Each candidate may appoint in writing a scrutineer to represent him/her. The candidate may at any time by notice in writing given to the Returning Officer change the scrutineer representing him/her. A scrutineer shall be eligible to act for two or more candidates who are standing for the same position in any ballot. The scrutineer shall be entitled to represent the candidate at all stages of the ballot. The duties of the scrutineer shall be to represent the interest of the candidate who nominated him/her, to attend at any stage of the ballot as requested by the candidate, and to report to the Returning Officer any irregularity in or in connection with the conduct of the ballot which has come to his/her notice. Scrutineers shall not interfere with any member at the time such member is casting a vote nor be entitled to remove, mark, alter or deface any ballot paper or other document used in connection with the election. Scrutineers shall comply with any lawful direction given by the Returning Officer. The Returning Officer shall give every facility to the scrutineers to attend and represent at every stage of the ballot the interests of the candidates who nominated him/her.
(d) Any person appointed to the position of Returning Officer or Assistant Returning Officer who subsequently desires to nominate for any other position on the Branch Committee of Management shall be required to tender his/her resignation from the positions first mentioned prior to the calling of nominations.
72 - EXTRAORDINARY BRANCH VACANCIES
(a) Where a Branch Officer or Branch Committee of Management Member has been certified by two medical specialists to be of unsound mind or subject to chronic illness to such an extent that they believe the Officer incapable of carrying out the office, the Branch Committee of Management may request the Officer to resign. Failing receipt of the Officer's resignation within 14 days, the matter shall be referred back to the Branch Committee of Management which may then declare the position vacant. The Officer concerned shall have 28 days in which to lodge an appeal to the Divisional Executive who may uphold or overrule the decision by the Branch Committee of Management.
(b) The Divisional Executive shall consider the matter at its next ordinary meeting or may, if it considers it appropriate, consider the matter at an Extraordinary Meeting of the Divisional Executive called to hear the appeal.
(c) Both the Branch Committee of Management and the Divisional Executive, when considering the matter, shall have regard to any medical evidence that the Officer desires to place before such Executive.
(d) Where the decision of the Branch Committee of Management is overruled by the Divisional Executive, the Officer shall be reinstated without loss.
(e) Pending any appeal under this Rule to the Divisional Executive, the Officer appealing shall be entitled to the payment of ordinary remuneration. Pending the finalisation of any such appeal, no election may be held to fill the office declared vacant.
(f) In any proceedings under this Rule, the Rules of natural justice shall apply, and the Officer shall be given the right to be heard and to be represented by agent, solicitor or counsel at any proceedings before the Branch Committee of Management or Divisional Executive.
73 - DIVISIONAL SECTION MEETINGS
(a) The Branch Committee of Management shall have power to call Meetings of members of the Divisional Sections constituted under Rule 46.
(b) The business for discussion at a Divisional Section Meeting shall be stated on the notice calling such meeting, and no business, other than that appearing on the notice calling the meeting shall be discussed.
(c) Fifteen members shall constitute a quorum at Divisional Section Meetings.
(a) Members shall give fourteen(14) days notice in writing to the Branch Secretary when submitting a notice of motion or motions for consideration by the General Meeting of the Branch, and this notice of motion shall be notified for the information of members at least seven (7) days prior to the date fixed for the meeting at which such notice of motion is to be discussed.
(b) Any motion which is marked out of order by the Branch President on the grounds that it conflicts with the Rules, the resolution of Conference, the instructions of the Divisional Executive or that contained a statement which may be construed as defamatory is to be excluded from the notification to members and the reason for the ruling reported to the meeting.
(a) The headquarters of each Branch shall be located at the capital city of the State in which the Branch is located. Each Branch shall, subject to these Rules and resolutions of Conference, manage the local affairs of the Branch within its territorial area.
(b) Each Branch shall have for its management a Branch Committee of Management consisting of a President, two Vice Presidents, Secretary, Assistant Secretary, full-time Organisers as specified in this sub-rule and not fewer than six nor more than eighteen Sectional Representatives who shall be elected for a period of two years. Provided that any person elected to an office which has been a declared a full-time office shall be elected for a term of office of four years. For the purposes of Branch administration the following Branch offices shall be declared full-time positions:
New South Wales: Branch Secretary, Branch Assistant Secretary, eight (8) Branch Organisers;
Victoria: Branch President, Branch Secretary, Branch Assistant Secretary, three (3) Organisers;
Queensland: Branch President, Branch Secretary, Branch Assistant Secretary, two (2) Organisers;
South Australia/Northern Territory: Branch Secretary;
Western Australia: Branch Secretary, Branch Assistant Secretary;
Tasmania: Branch Secretary.
(c) The Branch President, Vice President, Secretary, Assistant Secretary and full-time Organisers shall be elected by ballot of the financial members of the Branch.
(d) (i) Sectional Representatives shall be elected from the members comprising the respective Divisional Sections as provided in Rule 47.
(ii) At least three months prior to the opening of nominations for the Branch elections held under Rule 69, the Branch Committee of Management shall determine the number of Branch Committee of Management Members to be elected by and from each Divisional Section in accordance with this sub-rule.
(iii) The number of positions of Sectional Representatives elected by and from members of the Branch allocated to each Divisional Section shall be no less than 3 and no more than 9.
(e) At Branch Committee of Management meetings a quorum shall not be present unless a majority of the Committee of Management members are present. If the required number of members be not present thirty minutes after the advertised time of commencement, the meeting shall lapse. Each Branch Committee of Management member shall have a deliberate vote.
(f) During the intervening period between meetings of the Branch Committee of Management any matters of an emergent nature shall be decided by a telephonic, telegraphic, facsimile machine or postal ballot of Branch Committee of Management Members. The result of such ballot shall be notified to Branch Committee of Management Members within 14 days of the date set for the closing of the ballot.
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