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RULES OF THE CEPU COMMUNICATIONS DIVISION
INDEX TO RULES

22- NATIONAL COUNCILLORS & ALTERNATE NATIONAL COUNCILLORS

(i) The National Council shall be constituted in accordance with rule 7.10 of Section A rules being the National Rules of the union.

(ii) An Alternate National Councillor shall be elected for each position of National Councillor except for the positions of Divisional President, Divisional Secretary, and the Divisional Assistant Secretaries.

(iii) Except where otherwise provided, the term of office for National Councillors and Alternate National Councillors shall be four (4) years.

(iv) Persons nominating for positions referred to in this sub-rule shall have not less than 12 months continuous financial membership of the union on the date of closing of nominations.

(v) The elections for the positions of Alternate National Councillor shall be by a secret ballot of the financial members of the Branch Divisional Section represented and be conducted in conjunction with the election of Divisional Officers or Branch Officers as provided for in rule 23 or rule 67, as the case may be.

(vi) The election for the position of Alternate National Councillor (Affirmative Action) shall be by secret ballot by and from the financial female members of the Division.

(vii) The National Executive shall be constituted in accordance with rule 7A.1 of Section A being the National Rules of the union.

23 - DUTIES OF DIVISIONAL RETURNING OFFICER - ELECTION OF DIVISIONAL OFFICERS

The duties of the Divisional Returning Officer shall be:

(a) To 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.

(b) (i) To 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.

(ii) The Roll of Voters may be kept and may be supplied electronically.

(c) If there are no more nominations than there are vacancies for a position, to declare the nominated person or persons elected to that position.

(d) If more nominations are received than there are vacancies for a position, to have ballot papers printed and delivered to him/her containing the names of the candidates for each position in the order they are drawn, indicating the number to be elected to each position, the manner in which a vote shall be recorded, and the date and the time of closing of the ballot.

(e) To be responsible for the safe custody of the ballot papers.

(f) To obtain from the printer a certificate of the number of ballot papers printed.

(g) To forward by prepaid post in an envelop having as few distinctive characteristics as possible to each member entitled to vote:

(i) such ballot paper or ballot papers as is or are appropriate for the purpose of the election;

(ii) 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;

(iii) 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;

(iv) an envelope marked 'ballot paper only' capable of insertion in the envelope referred to in (iii) above;

(v) voting instructions, printed either on the ballot paper referred to in (i) 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 (iv) above, the envelope sealed and inserted into the envelope referred to in (iii) above, the name, address and signature to be completed on the envelope referred to in (iii) above, the envelope sealed and enclosed in the outer envelope referred to in (ii) 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.

(h) At the time of the forwarding of ballot papers and other documents referred to above, subject to employer approval, prepare a notice and arrange for the placing of such notice on 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 days after projected posting and before counting begins, to report such non-receipt to the Returning Officer.

(i) To 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 to ensure that it remains sealed, until the time fixed for the closing of the ballot.

(j) (i) After the closing date of the ballot in the presence of scrutineers appointed pursuant to Rule 25 to open each envelope referred to in (j) (ii) above which has been returned to him/her, examine the section of the envelope referred to in (j) (iii) above, strike the name of the member appearing thereon off the roll as having voted in the election, and subject to (ii) below, admit the inner envelope marked 'ballot paper only' containing the ballot paper to the count after removing it from the outer envelope;

(ii) To 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;

(iii) To 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 final judge of whether the envelope has been signed by the member named therein;

(iv) After processing each of the envelopes referred in (i) above, to remove the ballot papers admitted to the count from the envelopes marked 'ballot paper only' and proceed to count the ballot;

(v) No envelope referred to in (j) (iii) 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 votes;

(vi) 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;

(vii) At the completion of an election to, subject to this Rule, declare the result of the ballot and submit to the Divisional Secretary a full report on the ballot indicating the number of ballot papers printed, the number distributed, the number on hand, and any other relevant matters;

(viii) The Returning Officer for the purposes of carrying out the matters set out in (i), (ii), (iii) and (v) 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 (vi) 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 (vi) above as the case may be.

(ix) 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.

(k) The Divisional 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.

(l) Any candidate for an office may on payment of an amount of ten dollars within seven days of the declaration of the poll or ballot, lodge with the Divisional Secretary a demand for a recount, with the right to appoint his/her own scrutineer, and upon the receipt of such demand the Divisional Secretary shall arrange for the Divisional Returning Officer, within seven days, to conduct a recount. In the event of the recount result being in favour of the person seeking the recount, the sum of ten dollars shall be refunded to the person concerned.

(m) The system of voting shall be that 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 be cast. Where the intention is clear, the vote will be included in the count. This intention may be indicated by a cross or tick or where the voter desires to indicate a preference in the event of the elimination of a candidate or candidates, by a number. In the event of the votes of two or more candidates, one of whom is a sitting Officer, being equal, the sitting Officer shall be declared elected. In other cases of equal voting the Returning Officer shall determine the ballot by drawing lots.

24 - CASUAL AND EXTRAORDINARY VACANCIES - DIVISIONAL OFFICES

(a) (i) In the event of a Divisional Officer position becoming vacant for any reason, the position shall be declared vacant by the Divisional Executive within (1) one month and shall, subject to (ii) hereof, be filled by appointment of the Divisional Executive within (3) three months of the declaration of the vacancy.

(ii) The person so appointed shall hold office for so much of the unexpired part of the term of the office as does not exceed:

(A) (12) twelve months; or (B) three-quarters of the term of the office; whichever is the greater.

(iii) No person shall be eligible to be appointed to a vacancy unless such person has been a financial member of the Union for a continuous period of not less than twelve (12) months immediately prior to the declaration of the vacancy.

(iv) A person appointed under this Rule if nominating for the same office or position at the next election shall be deemed to be the holder of that office, or position, in accordance with these Rules.

(b) (i) In the event of a Divisional Officer position becoming vacant for any reason, and the unexpired part of the term of the office exceeds that specified by paragraph (ii) of sub-rule (a) of this Rule, the vacancy shall be filled by ballot of the financial members of the Division and the Officer so elected shall hold office until the next election of Officers. Provided that where the vacancy occurs in an office of Divisional Vice President (Affirmative Action) the vacancy shall be filled by a ballot of relevant members in accordance with rule 21(a)(ii)(D)(1) of these Rules.

(ii) Except as provided by subsequent paragraphs of this sub-rule the election shall be conducted in the same manner and subject to the provisions of Rules 19, 21 and 22 above.

(iii) Nominations shall be called for by notice published in the Divisional Executive or Branch Journal.

(iv) Nominations shall close at twelve noon on a date to be determined by the Divisional Returning Officer, provided that the date so determined shall be not less than fourteen days after the publication referred to in paragraph (iii) of this sub-rule and not more than thirty days after the office is declared vacant.

(v) The ballot shall close at a time and date to be fixed by the Divisional Returning Officer but not more than thirty days after the close of nominations.

(vi) At the completion of an election, and subject to this Rule, the Divisional Returning Officer shall declare the result of the ballot and submit to the Divisional Secretary a full report on the ballot indicating the number of ballot papers printed, the number distributed, the number on hand and any other relevant matters. The candidate declared elected shall be entitled to assume their office as and from the date of the declaration.

(vii) The person elected under this sub-rule to an office and if nominating for the same office at the next ballot shall be deemed to be the holder of that office in accordance with Rule 4(i).

(c) In the event of the office of National Councillor, Alternate National Councillor, Divisional Conference Delegate or Divisional Executive Member or Alternate Divisional Conference Delegate or Alternate Divisional Executive member becoming vacant for any reason, it shall be filled by the Branch concerned in accordance with the provisions of Rule 68 except where the unexpired part of the term of office exceeds that specified by paragraph (ii) of sub-rule (a) of this Rule in which case it shall be filled by the Branch concerned in accordance with the provisions of Rule 69.

(d) Where a Divisional Officer, Divisional Conference Delegate or Divisional Executive Member, Alternate Divisional Conference Delegate or Alternate Divisional Executive 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, Divisional Executive shall request the Officer to resign. Failing acceptance of the Officer's resignation within fourteen days, the matter shall be referred back to the Divisional Executive who may then declare the position vacant. The Officer concerned shall have twenty-eight days in which to lodge an appeal to conference which may uphold or overrule the decision made by the Divisional Executive. The Divisional Executive or Divisional Conference, when considering the matter, shall have regard to any medical evidence that the Officer desires to submit. Where the decision of the Divisional Executive is overruled by Conference, the Officer shall be reinstated without loss. Pending any appeal under this rule to Conference, 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. 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 in any proceeding before the Divisional Executive or Conference.

24A - CASUAL VACANCIES-DIVISIONAL OFFICERS-ABOLITION OF A POSITION OF DIVISIONAL ASSISTANT SECRETARY OR CONVERSION TO AN HONORARY OFFICE

(a) Notwithstanding anything contained in Rule 24, where a full-time office of Divisional Assistant Secretary becomes vacant more than 56 days prior to the opening of nominations for the next election of the office concerned as provided for by Rule 19, the Divisional Executive may resolve to:.

(i) abolish the office of Divisional Assistant Secretary; or

(ii) convert the office of Divisional Assistant Secretary to an honorary position.

(b) Where the Divisional Executive resolves to abolish an office of Divisional Assistant Secretary or to convert the office to an honorary office, the Divisional Executive shall direct the Divisional Secretary in accordance with Rule 10(b) to submit to Divisional Conference within fourteen (14) days:

(i) the resolution to abolish the office or to convert the office to an honorary office, as the case may be; and

(ii) the necessary rule changes required under the rules to abolish the office of a Divisional Assistant Secretary or to convert the office to an honorary office, as the case may be.

(c) Divisional Conference shall deal with the Divisional Executive resolution and the required rule changes in accordance with the provisions of Rule 10 (b), (c), (d) and (e).

(d) Pending the requirements of sub-rules (a), (b) and (c) and the certification of the required rule changes by an Industrial Registrar, the provisions of Rule 24(a) and (c) shall not apply.

25 - SCRUTINEERS

(a) Any candidate in a ballot conducted pursuant to Rules 21, 23 and 2, may appoint a scrutineer who is a financial member of the Division being a person other than a candidate, to represent the candidate at the ballot. The candidate appointing a scrutineer shall, before the commencement of the ballot, notify the Returning Officer in writing of the name of such scrutineer. The candidate may, at any time by a notice in writing, appoint another such person to carry out the functions of scrutineer where the first mentioned person does not carry out those functions.

(b) Scrutineers shall be entitled to be present at all stages of the ballot. It is the duty of the scrutineer 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 Returning Officer.

(c) The Returning Officer shall give every facility to the scrutineers to attend and represent the interests of their candidates at every stage of the ballot.

26 - INDUSTRIAL AGREEMENTS

Subject to these Rules Divisional Conference, and when the Conference is not sitting, the Divisional Executive, shall have power to enter into industrial agreements, and to vary or rescind such industrial agreements, and shall have power to submit claims to the Industrial Relations Commission on behalf of the Division (or to any other Court or Tribunal) and to appoint some person or persons to represent the Division, and the person or persons so appointed may execute any process or document necessary for submitting the claim, and may file, as is prescribed by any Act, any process or documents to be filed on behalf of the Division.

27 - SITUATION OF HEAD OFFICE

(a) The Head Office of the Division shall be situated at Melbourne, in the State of Victoria.

(b) The Head Office may be relocated by decision of Divisional Conference.

28 - CONTROL OF DIVISIONAL CONFERENCE FUNDS

(a) All Divisional Conference funds shall be under the control of the Divisional Conference, and shall be banked in the name of the Union in the Commonwealth Bank, relevant Government owned State Bank or other financial institution approved by Conference, and shall be known as the Divisional Fund.

(b) The Divisional funds shall consist of:

(i) Any real or personal property of which the Divisional Conference by these Rules or by any established practice not inconsistent with these Rules, has, or, in the absence of any limited term lease, bailment or arrangement, would have the right of custody, control or management;

(ii) Any monies paid to the Divisional Executive by Branches by way of maintenance levies or by members in respect of fines imposed by the Conference or Executive;

(iii) Any interest, rents, dividends or other income derived from the investment or use of such funds and property;

(iv) any superannuation or long service leave or other fund operated or controlled by the Union as a whole in accordance with these Rules for the benefit of its Officers or employees;

(v) Any Sick Pay Fund, Accident Pay Fund, Funeral Fund or like fund operated by the Union as a whole in accordance with these Rules for the benefit of its members;

(vi) Any property acquired wholly or mainly by expenditure of the monies of such funds and property or derived from other assets of such funds and property; and

(vii) Proceeds of any disposal of parts of such funds and property.

(c) Funds for ordinary or extraordinary purposes shall only be withdrawn from the Divisional Conference account by cheque, or by electronic funds transfer authorised by and notated for audit purposes by the Divisional Secretary, and such cheque or electronic funds transfer withdrawal shall be countersigned by the Divisional President or one of the Divisional Assistant Secretaries.

(d) All Divisional Conference funds shall be applied and/or invested as follows: In such lawful manner as the Divisional Conference or Executive may decide, including, without limiting the generality of this provision, on a current account in the name of the Union and the Commonwealth Bank, relevant Government-owned State Bank or other financial institution approved by the Divisional Conference, purchase or mortgage of real or personal estates situated in the Commonwealth of Australia, subscription or purchase of shares in any company registered and carrying on business in any State of the Commonwealth of Australia, or in accordance with the provisions of the Act. No funds applied and/or invested as aforesaid shall be realised except by the authority of the Divisional Executive.

(e) The Divisional Conference or Executive may raise or borrow money for the purpose of carrying out any of the objects of the division and for purchasing or leasing any real or personal property and for erecting buildings and repairing or renovating any buildings owned or occupied by it and may charge or mortgage or pledge any of its real or personal property as security for any loans. Any mortgage or instrument for securing any such loans shall have the seal of the Union affixed thereto and shall be signed by the Divisional Secretary and the Divisional President (or any person authorised to act in their place).

(f) A loan, grant or donation of an amount exceeding $1,000 shall not be made from the Divisional funds unless the Conference or Executive of the Division -

(a) has satisfied itself -

(i) that the making of the loan, grant or donation would be in accordance with the other Rules of the Union; and

(ii) in relation to a loan - that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and

(b) has approved the making of a loan, grant or donation.

29 - FINANCIAL YEAR AND AUDIT

The Financial Year of the Divisional Conference shall terminate on the thirty first day of March each year, and an audited balance sheet shall be presented to Conference by the Divisional Secretary. On the adoption of the balance sheet by the Divisional Conference, such decision with a copy of the balance sheet shall be published in the Division's Journals.

30 - DIVISIONAL EXECUTIVE AUDITORS

Subject to the provisions of the Workplace Relations Act 1996 or any Act replacing that Act, the Divisional Executive shall appoint annually, a person competent within the meaning of that Act, as an auditor, who shall not be members of the Executive, who once a year, and at such other times as directed by the Executive, shall take the Divisional Conference books and balance sheet, with all receipts, and compare them with the bank passbook and vouchers and other financial records, and report on their examination to the Executive and to the Divisional Conference.



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