Principals guide to school council elections 2021

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Principals guide to school council elections 2021
Principals guide
to school council elections 2021
Principals guide to school council elections 2021
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2
Principals guide to school council elections 2021
Contents

Introduction                                                                                  6

Changes to key terminology                                                                    7

New Ministerial Order for school councils                                                     7

Membership category 										                                                                8

School council elections – fundamentals								                                               9

        Election timeframe                                                                    9
        Electorates                                                                           9
        Parent electorate of the school                                                       9
        School employee electorate of the school                                              9
        Department employees                                                                  9
        Contractors or their employees are not Department employees                           9
        Status of Department employees on leave                                               9
        Secondary school student electorate of the school                                     10
        Community members                                                                     10
        Nominee member category									 10
        Eligibility of school councillors and voters                                          10
        Identification and location of electorate members by principals                       10
        Maximum Department employee parents on school council                                 10
        Information for parents, school employees and students                                10
        Terms of office - elections/casual vacancy                                            11
        School council meetings                                                               11
        Co-option of members                                                                  11
        Complaints process/conduct of election                                                11
        New schools - the first council election                                              11

School council election process overview                                                      12
        Stages of election                                                                    12

Stage one: the election framework and calling for nominations                                 13
        Intended outcomes at this stage                                                       13
        Requirements – steps to be taken                                                      13
        Flow chart 1: voting rights – parent electorate                                       14
        Flow chart 2: voting rights – school employee electorate                              14
        Flow chart 3: voting rights – student electorate                                      14
        Note 1: school council election process and timetable                                 15

Stage two: closing and assessing nominations and deciding if ballot required                  16
        Indicative timeframe                                                                  16
        Intended outcomes during this stage                                                   16
        Good practice                                                                         16
        Requirements – steps to be taken                                                      16
        Flow chart 4: assessing the validity of nominations and eligibility of candidates     17
        Flow chart 5: assessing the requirements for a ballot                                 18

                                          Principals guide to school council elections 2021        3
Principals guide to school council elections 2021
Stage three: preparing for ballot                                                                          19
        Indicative timeframe                                                                               19
        Intended outcomes at this stage                                                                    19
        Requirements – steps to be taken                                                                   19
        Casting a vote                                                                                     20
        Good practice                                                                                      20
        Statements from candidates                                                                         20
        Editing the statements of candidates                                                               20

Stage four: ballot count and declaring poll                                                                21
        Indicative timeframe                                                                               21
        Intended outcomes at this stage                                                                    21
        Requirements – steps to be taken                                                                   21
        Good practice                                                                                      22
        Note 2: scrutineers for the vote count                                                             22
        Note 3: how to determine invalid votes                                                             22

Stage five: special and first council meetings after the poll                                              23
        Indicative timeframe                                                                               23
        Intended outcomes at this stage                                                                    23
        Good practice for appointing community members                                                     23
        Requirements – steps to be taken                                                                   23

Stage six: post-election compliance                                                                        24
        Indicative timeframe                                                                               24
        Intended outcomes at this stage                                                                    24
        Requirements – steps to be taken                                                                   24
        Update school council president details                                                            25
        Changing the size or configuration of council - Schedule 5 (formerly Schedule 9)                   25

Resources
        Appendix A: – fact sheets                                                                          26
            Fact sheet 1: school council elections - information for parents                               26
            Fact sheet 2: information for principals regarding the student member council elections        28
            Fact sheet 3: information for students seeking election to council                             30
            Fact sheet 4: information for parents of children seeking election to school council           33
            Fact sheet 5: nominating and voting others to the student member category 		                   36
        Appendix B: examples of assessing need for election and determining election results               38
        Appendix C: new schools – first school council election                                            39
        Appendix D: casual vacancies                                                                       40
        Schedule 2: school council variable membership table                                               41

        Schedule 5: application to change of size or composition of school council (formerly Schedule 9)   45
        Form 1: notice of first school council election and call for nominations                           46
        Form 2 notice of election and call for nominations                                                 47
        Form 3: self-nomination form for parent member category                                            48
        Form 4: nomination form for parent member category                                                 49
        Form 5: self-nomination form for school employee member category                                   50
        Form 6: nomination form for school employee member category                                        51
        Form 7: self-nomination form for student member category                                           52
        Form 8: nomination form for student member category                                                53
        Form 9: candidate nomination form receipt                                                          54

4                                        Principals guide to school council elections 2021
Form 10: parent ballot paper - ordinary                                                    55
Form 11: school employee ballot paper                                                      56
Form 12: parent ballot paper (separate voting for Department and non-Department parents)   57
Form 13: student ballot paper								                                                      58
Declaration of school council membership (formerly Schedule 7)                             59
Appendix E: fact sheet for principals and school council presidents                        60
Appendix F: nomination notification form                                                   64
Co-option to a community member position on school council                                 65
Co-option to a casual vacancy on school council                                            66

                                Principals guide to school council elections 2021               5
Introduction

Each year school council elections take place in              For further advice about the requirements for
Term 1. The election process must be completed by             conducting the election, contact your regional office
31 March. The principal is responsible for conducting         or view the Order on the Department’s Policy and
the election. The principal may appoint a person to           Advisory Library, at: School Council – Elections
act on their behalf for one or more of the purposes
                                                              You can also contact the School Operations and
of Ministerial Order 1280 Constitution of Government
                                                              Governance Unit, Schools and Regional Services, at:
School Councils (as amended from time to time). The
                                                              school.council@education.vic.gov.au or call
Order establishes the legal framework for the conduct
                                                              7022 1343 or 7022 1345.
of school council elections.
The Principals guide to school council elections 2021
has been developed to assist principals to understand
and conduct school council elections in accordance
with the Order.
The election process is set out in six stages in the
guide. The section headed ’Requirements’ in each
of the stages must be followed. Some stages have a
'notes' section which provides additional information
about the requirements.
The guide also includes examples of good practice, the
relevant forms required in conducting the election and
fact sheets for parents, principals and students about
the election process.

6                                   Principals guide to school council elections 2021
Changes to key terminology                                        For more information about the new consolidated
                                                                  Ministerial Order, see: School Council – Powers and
The Department of Education and Training's
                                                                  Functions
(Department) Policy and Advisory Library (PAL) was
launched in Term 3, 2020 and replaces the School                  It is important to note that the new Ministerial Order
Policy and Advisory Guide, and a number of webpages               1280 Constitution of Government School Councils has
previously housed on the Department’s website.                    not changed the role, operation or function of school
                                                                  councils. However, there are some changes to wording
For a full list of policies relevant to school councils           and terminology that will differ from those previously
including information to support school council                   used in the Department’s policies and resources
governance, see: Policy and Advisory Library A-Z                  relating to school council and conducting elections.
New Ministerial Order for school councils                         The following table summarises changes that impact
                                                                  the Principal’s guide to school council elections.
On 28 May 2020, the Minister for Education signed
Ministerial Order (Constitution of Government School
Councils) 2020 (Ministerial Order 1280). Ministerial
Order 1280 came into operation on 1 January 2021, and
consolidates and replaces the following Ministerial
Orders:
Ministerial Orders No 38 and 108: Order amending the
Constituting Orders of the School Councils of all State
Schools
Ministerial Order No 52: School Council Composition
and Elections Order
Ministerial Order No 53: Order amending the
Constituting Orders of the School Councils of all
Government Schools (2008)
Ministerial Order No 198: Order amending Ministerial
Order 52 (2009)
Ministerial Order No 311: Order amending Ministerial
Order 52 (2010)
Ministerial Order No 383: Order amending the
Constituting Orders of Government School Councils
(2010)
Ministerial Order No 399: Order amending Ministerial
Order 52 (2010)
Ministerial Order No 470 – School Plan and Annual
Report Order (2011)
Ministerial Order No 487: Order amending Ministerial
Order 52 (2011)
Ministerial Order No 784 – Amendment to School Plan
and Annual Report Order (2015)
Ministerial Order No 928 – Power of School Council
to Grant a Licence in Relation to School Lands or
Buildings (2016)
Ministerial Order No 1018: Order amending the
Constituting Orders of the School Councils of all
Government Schools (2018)
Ministerial Order No 1086: Order amending the
Constituting Orders of the School Councils of all
Government Schools (2018)
Ministerial Order No 1098: Order amending the
Composition and Election Provisions (2018)
Ministerial Order No 1127 – School Cleaning in
Government Schools (2018)
Ministerial Order No 1174 – Banking services for School
Councils (2019).

                                        Principals guide to school council elections 2021                                  7
Membership category

Pre-2021                                                    2021 and onwards

Department members                                          School employee members

Department employees                                        Department employees

Department parents                                          Department employee parents

Summary of changes to schedules

Pre-2021                                                    2021 and onwards

Schedule 2: school council membership table                 School council variable membership table
                                                            (Schedule 2)
Schedule 3: new schools – notice of election and call       Form 1: notice of first school council election and call
for nominations – first school council election             for nominations

Schedule 4: notice of election and call for                 Form 2: notice of election and call for nominations
nominations
Schedule 5A: self-nomination form for parent                Form 3: self-nomination form for parent member
member category                                             category

Schedule 5B: nomination form for parent member              Form 4: nomination form for parent member category
category

Schedule 5C: self-nomination form for Department            Form 5: self-nomination form for school employee
employee member category                                    member category

Schedule 5D: nomination form for Department                 Form 6: nomination form for the school employee
employee member category                                    member category

Schedule 5E: self-nomination form for student               Form 7: self-nomination form for student member
member category                                             category

Schedule 5F: nomination form for student member             Form 8: nomination form for student member
category                                                    category
Schedule 6A: parent ballot paper                            Form 10: parent ballot paper (ordinary)

Schedule 6B: Department employee ballot paper               Form 11: school employee ballot paper

Schedule 6C: parent and Department parent ballot            Form 12: parent ballot paper (separate voting for
paper                                                       Department and non-Department parents)

Schedule 6D: student ballot paper                           Form 13: student ballot paper
Schedule 7: school council membership schedule              Declaration of School Council Membership
                                                            NB: while this is no longer a schedule to the Ministerial
                                                            Order, schools are still required to update and declare
                                                            their school council membership by completed by 30
                                                            April each year.

Schedule 8: nomination form receipt                         Form 9: candidate nomination form receipt

Schedule 9: change of size or composition of school         Application to change the size or composition of the
council                                                     school council (Schedule 5)

8                                    Principals guide to school council elections 2021
School council elections – fundamentals

Election timeframe                                              The principal and school employees of a school are,
                                                                and can only be, school employee members of the
The school council election process for all government
                                                                school council. The principal is automatically included
schools in Victoria must be begin at the start of the
                                                                in the school employee membership category
school year and be completed on or before 31 March.
                                                                and has full voting rights. Members of the school
The updating and declaration of School Council
                                                                employee electorate are also considered ‘Department
Membership must be completed by 30 April via the
                                                                employees’.
Department’s School Council Membership Reporting
site (formerly Schedule 7). School login is required.           Department employees
A Ministerial Order is required to hold an election             a) means a person employed:
outside of this timeframe.
                                                                i. Under Part 2.4 of the Education and Training Reform
Electorates                                                     Act (2006) or by the Secretary under the Public
                                                                Administration Act 2004; or
Each school council operates according to Ministerial
Order (Constitution of Government School Councils)              ii. for 8 hours or more per week in either an ongoing
2020 (Ministerial Order 1280) that details the objectives,      capacity or a fixed term of at least 90 days:
functions and powers of a council and, for each
                                                                b) includes a person employed by a school council of
individual school council, its size and composition.
                                                                a government school (for example, maintenance or
There are three separate electorates within a                   grounds person, cleaner) for 8 hours or more per week
school community:                                               in either an ongoing capacity or for a fixed term of at
                                                                least 90 days.
•   parent electorate
•   school employee electorate
                                                                Contractors or their employees are not
•   student electorate.                                         Department employees
In addition, there is an optional community member              A contractor is engaged under a contract for a service
category, and for a small number of school councils,            (as distinct from an employment contract). Neither
a nominee member category.                                      a contractor nor the employees of a contractor are
                                                                Department employees. As an example, a parent of a
Parent electorate of the school                                 child at the school who is a director of a company that
The parent electorate of the school includes each               has been engaged by the school council to provide
parent of a student of the school, except those who             a service is not a Department employee. Similarly, a
are Department employees engaged in work at, and                person employed by a company to manage the school
for, the school. A parent of a student at the school,           canteen is not a Department employee.
who is a Department employee but does not work at
or for the school is included in the parent electorate.         Status of Department employees on leave
These parents are classified on council as ‘Department          A Department employee (including a Department
employee parents’.                                              employee parent) on any form of leave (including
‘Parent’ includes a guardian or person who is liable to         personal leave, secondment), whether with or without
maintain or has the actual custody of a student of the          pay, from employment with the Department shall be
school.                                                         considered to be a Department employee and have
                                                                the employee status they had immediately prior to
If a Department employee is elected to the parent               going on leave.
category (Department employee parent) of the school
where their child is enrolled but where they do not             If the leave is for six months or less, they will remain
work, they are counted as Department employees for              a member of the electorate of which the person was
school council meeting quorum requirements. Parent              a member immediately prior to going on leave and
members must comprise more than one-third of the                identified as a Department employee for quorum
council’s total membership according to Ministerial             purposes.
Order 1280 Constitution of Government School
Councils.
School employee electorate of the school
The school employee electorate of the school
includes the principal of the school and school
employees engaged in work at, and for, the school.

                                      Principals guide to school council elections 2021                                    9
Secondary school student electorate of the school                 In deciding a person’s eligibility, the principal may
All government schools with a Year 7 cohort and above             request in a specified timeframe that:
are required to have two student members on council.              •   a candidate must produce evidence of their eligibility
The student electorate includes all students enrolled                 to nominate for election
at the school in Year 7 and above. Student members                •   a nominator must produce evidence of their
of school council have the same rights, responsibilities              entitlement to nominate the candidate and/or
and terms of office as other council members including
                                                                  •   a voter produce evidence of their eligibility to vote.
full voting rights. However student members are not
eligible to hold any office bearer position.                      A person is ineligible for election or co-option to the
If a Year 12 student, who has been elected to the                 school council if the person:
student member category, has completed the normal                 •   is or has been an insolvent under administration
school year and ceases to be enrolled at the school,
                                                                  •   is of unsound mind
that student may continue to be a member of the
council until the next council election, at the beginning         •   is found guilty or convicted of an indictable offence
of the next year.                                                     or an offence that would be an indictable offence if it
                                                                      had been committed in Victoria
Community members                                                 •   is a registrable offender within the meaning of the
The community member category is an optional                          Sex Offenders Registration Act 2004
category for school councils. Community members are               •   is subject to a medical condition that makes them
co-opted onto council, usually at the first meeting of                unable to fulfil the role of a council member
the newly elected council.                                        •   ceases to be eligible for election or co-option to their
Community members:                                                    membership category.
•    cannot be Department employees                               Identification and location of electorate
•    typically bring special skills, interests or experience      members by principals
     to the council including:
                                                                  Principals are not required to locate or identify any
     •   members from parent clubs                                member of the electorates for the purpose of posting
     •   accountants, digital technology skills, project          or arranging delivery of the Notice of Election and Call
         management                                               for Nominations (Forms 1 or 2) or Ballot Papers (Forms
Community members generally have the same rights,                 10, 11, 12, 13) other than from the information stated
responsibilities and terms of office as elected members           in the normal records kept at the school or received
unless otherwise provided in Ministerial Order 1280               from a member of the electorate of the school to the
Constitution of Government School Councils..                      principal in writing.

Nominee member category                                           Disputes
A very small number of school councils have a                     The principal has the power to decide any dispute
nominee member category. Nominee members are                      which may arise in the conduct of the ballot.
appointed by organisations authorised by the Minister             Any queries or concerns about information or
for Education.                                                    procedures during the election process should be
Principals with nominee members on school council                 discussed with the principal.
should review the terms of appointment of the
nominees at the start of each school year and action              The principal is required to retain all election
as required.                                                      and ballot papers, ballot results and other related
Nominee members generally have the same rights,                   election information in the school for 12 months, unless
responsibilities and terms of office as elected members           instructed otherwise by the Secretary of
unless otherwise provided in Ministerial Order 1280               the Department.
Constitution of Government School Councils.
                                                                  Maximum Department employee parents
Eligibility of school councillors and voters                      on school council
A candidate for school council must be a person who
                                                                  All possible sizes and configurations of school council
is eligible for election to the membership category to
                                                                  membership are listed in the School Council Variable
which they are seeking election.
                                                                  Membership Table (Schedule 2) included in this guide.
The nominator of a candidate standing for election                It states the number of Department employee parents
to the parent member category must be a member of                 who can be elected to a particular school council.
the parent electorate of the school. The nominator of a
candidate standing for election to the school employee            The majority of councillors must be non-Department
member category must be a member of the school                    employees. Principals need to be conscious of the
employee electorate of the school.                                maximum number of Department employee parents
                                                                  that may be elected to school council when deciding
The nominator of a candidate standing for election
                                                                  whether the number of nominations in the parent
to the student member category must be in Year 7 or
                                                                  member category is equal to, less than, or greater
above, and be a member of the school student body.
                                                                  than the number of vacancies. Refer to Appendix B,
                                                                  Example 2.

10                                      Principals guide to school council elections 2021
Please note that student members are not included                  Complaints process/conduct of an election
in the School Council Variable Membership Table
                                                                   Any person who is aggrieved by any matter arising out
(Schedule 2). However, those schools that are required
                                                                   of the conduct of an election may, within 14 days of the
to have student members have a fixed number of two
                                                                   date of the declaration of the poll, make a complaint in
members in this category.
                                                                   writing to the principal.
Information for parents, school employees                          If the principal receives a complaint, they must refer
and students                                                       that complaint to their Regional Director as soon
Principals should provide their school community with              as possible and request that the Regional Director,
appropriate information about the school council                   either personally or through a nominee, establish a
election through the school newsletter, by email or on             committee consisting of:
the school website and encourage as many people as                 •   a person nominated by the Regional Director
possible to participate in the process.
                                                                   •   the president of the school council, or, if the president
Each parent of each child or children at the school is                 has a connection to the complaint, a member of
eligible to nominate, and to vote if the election process              the school council who is within the parent member
goes to a ballot.                                                      category and who has no connection to the complaint
Information on the role and responsibilities of school             •   a member of the school council who is within the
councils should be freely available to all members of                  school employee member category and who has no
the school community.                                                  connection to the complaint.
Term of office – elections/casual vacancy                          The regional office must forward a copy of the
                                                                   complaint to the School Operations and Governance
For all elections after the first school council election, the
                                                                   Unit, Schools and Regional Services, at:
term of office for elected and co-opted members is not
                                                                   school.council@education.vic.gov.au or by contacting
more than two years unless the term has been varied by
                                                                   7022 1343 or 7022 1345.
a Ministerial Order. The term of office commences the
day after the date of declaration of the poll and ends             The School Operations and Governance Unit can also
on the date of the declaration of the poll held two years          be contacted for further advice and support.
later.
                                                                   If the committee does not agree on how to deal with
Where a member resigns or is no longer eligible to                 the complaint within 14 days of its establishment, the
complete the term of office, a casual vacancy is created.          committee must contact the Regional Director and
The position may be filled by the school council co-               request that the Regional Director, either personally
opting an eligible person for the remainder of the term            or through a nominee, determine how the complaint
of office. For further information on casual vacancies see         should be dealt with and resolved.
Appendix D.                                                        Until the determination of the committee or Regional
                                                                   Director, the election in respect of which a complaint
School council meetings                                            is made shall be regarded as valid and any decision
The school council can meet the day after the date of              made by the school council during that interval is valid.
declaration of the poll. If a school council is required
                                                                   If the determination of the committee or Regional
by Ministerial Order 1280 to have community members
                                                                   Director includes a determination that a fresh election
co-opted to the school council, the principal must:
                                                                   is recommended, any decision made by the school
•   as soon as practicable after the declaration of the            council from the date of the determination to the
    poll and before office bearers are elected, call, and          date of the fresh election is valid. A Ministerial Order
    preside at, a special meeting for the purpose of               is required for the new election to be conducted. The
    co-opting the community members.                               principal or nominee must conduct the fresh election
                                                                   in accordance with the Order.
Following the co-option meeting, the principal will:
•   call, and preside at, the first meeting of the school          New schools – the first school council election
    council to elect office bearers.                               A new school operates initially with an interim or
A school council must meet at least eight times a year,            appointed school council until the first school council
and at least once per school term. It is good practice to          election is held. The timeframe for the first council
have two meetings per term.                                        election is specified in the constituting Ministerial
                                                                   Order for the new school council.
Co-option of members                                               The Notice of Election and Call for Nominations for
A school council can co-opt persons to a vacant                    the first school council election (Form 1) must be used.
member position where:                                             The Notice of Election and Call for Nominations (Form
•   an elected position remains unfilled after completion          2) is used for subsequent elections. The term of office
    of the election process, and, if after the second call,        of the initial interim/appointed members expires upon
    there are insufficient nominations to fill vacancies, or       the date of declaration of the poll for the first school
                                                                   council election. Additional information about the
•   there is a casual vacancy.
                                                                   conduct of a first school council election is provided in
                                                                   Appendix C.
                                         Principals guide to school council elections 2021                                    11
School council election process overview
Stages of election

The election process needs to start at least 21 days before the poll closing date. The following are indicative
stages of the election process.
Further information about the requirements for each stage of the election is set out in subsequent pages.

Indicative timeline                                 Stages of election process
Before
             21 days                 Stage one: setting the election framework and calling for nominations

             14 days             Stage two: closing and assessing nominations and deciding if ballot required

             7 days             Stage three: preparing for ballot (sending out ballot papers and close of ballot)

Poll closing date
                                                                      Closing ballot

                                               Stage four: counting ballot papers and declaring poll

                                            Stage five: special and first council meetings after the poll

            Following                                    Stage six: post-election compliance
After        council
            meeting

12                                    Principals guide to school council elections 2021
Stage one: the election framework and
calling for nominations
Indicative timeframe                                               6.    Prepare and make available at the school
                                                                         sufficient copies of the nomination forms 3, 4, 5, 6,
This stage of the election process may start any time
                                                                         7, and 8. The nomination forms include information
after the commencement of the first school term. It
                                                                         for nominators and nominees about the collection,
must be completed at least 21 days before the poll
                                                                         use and disclosure of personal information under
closing day.
                                                                         the Information Privacy Act 2000.
Intended outcomes at this stage                                    7.    Prepare Nomination Form Receipt (Form 9).
•    An effective election plan is in place with sufficient        8.    Compile a roll with names and addresses of every
     time to communicate with the school community,                      person eligible to vote in the election in the three
     distribute election papers, receive nominations and                 electorates (refer to Flow charts 1, 2 and 3). Each
     prepare ballot papers.                                              parent of child/ren enrolled at the school is eligible
•    Information is provided to the school community to                  to vote. Principals are not required to locate or
     participate in the school council election process.                 identify any member of the electorates for the
                                                                         purpose of posting or arranging delivery of the
•    Nomination forms are prepared and are made
                                                                         Notice of Election and Call for Nominations or
     available at the school.
                                                                         ballot papers other than from information stated in
Requirements – steps to be taken                                         the normal records kept at the school, or received
1.   Identify the number of vacancies in the parent,                     from a member of the electorate of the school to
     school employee and student electorates.                            the principal in writing.
     That is, only those vacancies created due to                  9.    Decide the date and time for the counting of votes
     the expiry of the term of office of councillors.                    and the declaration of the poll.
     Short-term vacancies or casual vacancies are                  10. Provide general information about the election
     not part of the election process and can be filled                through the school newsletter/website or other
     through co-option when the election process                       forms of communication to your community
     has concluded.                                                    (an example of a communication is provided in
2.   Confirm vacant positions by referring to the                      Appendix A).
     school council’s current membership size and                  11.   The principal is the returning officer. If there is a
     composition under its constituting Order.                           need to nominate another person to this role, then
     This information is listed on the online Declaration                this person should be a person independent of the
     of School Council Membership School Council                         outcome of any election.
     Reporting Schedule.
3.   Information on how to access school council
     membership information can be found in Stage 6
     of this guide.
4.   Fix a date for the closure of the ballot that enables
     the election process to be completed
     by 31 March.
5.   At least 21 days before the date fixed, post or
     arrange for delivery of the Notice of Election
     and Call for Nominations to the parent, student
     and/or school employee electorate of the school
     council and display the Notice of Election and Call
     for Nominations in a prominent position at the
     school. See: Fact sheet 1 – school council elections,
     information for parents, and Form 1 and Form 2,
     in this guide.

                                         Principals guide to school council elections 2021                                   13
Flow chart 1: voting rights – parent electorate

                Is the person a parentof a student attending the school?                  No    No vote

                                           Yes

         Is the person a guardian or a person who is liable to maintain or has the
                                                                                          No    No vote
                         actual custody of a student of the school?

                                           Yes

       Is the person a parent and Department employee at the school their child is        Yes   No vote
                                      enrolled in?

                                           No

                  The person has voting rights in the parent electorate

     Flow chart 2: voting rights – school employee electorate

                                                                                          No    No vote
       Is the person a school employee (employed for eight or more hours per week
       in either an ongoing capacity or a fixed term of a least 90 days) engaged
       in work at and for the school:
            (i) by the Secretary under the Public Adminstration Act 2004;
            (ii) by a school council of a government school; or
            (iii) under Part 2.4 of the Education and Training Reform Act 2006; or
            (iv) under more than one of the above.

                                           Yes

             The person has voting rights in the school employee electorate

     Flow chart 3: voting rights – student electorate

                       Is the person a student enrolled the school?                       No    No vote

                                           Yes

                        Is the person enrolled in Year 7 or above?                        No    No vote

                                           Yes

                  The person has voting rights in the student electorate

14                                    Principals guide to school council elections 2021
Note 1: school council election process and timetable
This document is an example of a school council election process for 2021. The dates included are only
suggestions; however, the process must be completed on or before 31 March 2021.

School council election process and timetable
Name of the school:

      EVENT                                                   DATE
a)    Notice of election and call for nominations            Monday 8 February 2021

b)    Closing date for nominations                           Monday 15 February 2021

c)    Date by which the list of candidates and               Wednesday 17 February 2021
      nominators will be posted

d)    Date by which ballot papers will be prepared and       On or before Monday 22 February 2021
      distributed

e)    Close of ballot                                        Monday 1 March 2021

f)    Vote count                                                        /        /

g)    Declaration of poll                                               /        /

h)    Special council meeting to co-opt community                       /        /
      members (the principal will preside)

i)    First council meeting to elect office bearers (the                /        /
      principal will preside)

                                       Principals guide to school council elections 2021                 15
Stage two: closing and assessing
nominations and deciding if ballot required
Indicative timeframe                                                    the candidates and nominators can be found in
                                                                        Appendix F in this guide.
This stage falls between 14 days and 21 days before the
poll closing date.                                                4.    Post/email Nomination Form Receipt
                                                                        (Form 9) to nominees and nominators as soon as
Intended outcomes during this stage                                     practicable after the receipt of a validly completed
•    Nominations are received and validity of nominations               nomination form.
     and eligibility of nominators/candidates assessed.           5.    Assess the adequacy and number of nominations
•    Nomination form receipt is sent to candidates                      and decide the requirement for a ballot (for an
     and nominators (if a different person).                            example for assessing the requirements for a
                                                                        ballot refer to Flow chart 5 and Appendix B) or
•    Decisions are made on whether or not a ballot is
                                                                        recall for nominations.
     required and in which membership category.
                                                                  6.    In the parent electorate determine which parents
•    Outcome of the nomination process is publicised to
                                                                        are Department employees and whether this
     the community as soon as possible after the outcome
                                                                        meets the requirements of the School Council
     of the nominations process has been closed and
                                                                        Variable Membership Table (Schedule 2) in this
     determined.
                                                                        guide. Non-Department members must be in the
Good practice                                                           majority and Schedule 2 indicates the total number
•    Assess the accuracy of completed nomination                        of Department employee parents permissible to
     forms on receipt and provide advice, if necessary, to              meet this requirement.
     resubmit.                                                    7.    When the number of nominations is less than
•    At the end of the nomination period, if the number of              the number of vacancies in the parent or school
     nominations is less than the number of vacancies in                employee categories, declare elected those who
     any one membership category, declare elected those                 nominated in that category and immediately post
     who nominated in the parent or school employee                     in a prominent position in the school a notice
     categories and publicise an extension of time widely               stating that insufficient nominations have been
     for three school days, calling for further nominations             received and call for further nominations. Such
     for the remaining vacancies.                                       nominations are to be lodged within three school
                                                                        days from the date of the closing of the first call for
•    Where the nominations exceed the number of
                                                                        nominations.
     vacancies and a ballot is required, inform the
     community and the candidates. Provide candidates             8.    When the number of nominations is less than
     with the opportunity to prepare a written statement.               vacancies in the student member category, the
     Provide clear instructions about the preparation                   principal must post another notice calling for
     of the statement and check that instructions have                  further nominations. These nominations are to
     been followed before sending out statements with                   be received within three school days. If after the
     the ballot papers. Refer to Stage 3: good practice,                second call, the number of nominations match the
     in this guide for more detailed information about                  number of vacancies, the students are appointed
     candidates’ statements.                                            to council.
                                                                  9.    Where the number of nominations in the parent,
Requirements – steps to be taken                                        student or school employee categories exceeds
1.   Receive completed nominations in the form of                       the number of vacancies, a ballot is required.
     Forms 3, 4, 5, 6, 7, and 8 (as appropriate) by 4.00pm        10. Where the number of nominations equals the
     on the fourteenth day before the date fixed for the              number of vacancies (subject to maximum
     closure of the ballot.                                           Department employee parent requirements not
2.   Assess the validity of nominations and eligibility of a          being exceeded – refer to Schedule 2), declare the
     nominator to nominate and candidate to nominate                  poll and inform the school community.
     for election (refer to Flow chart 4 for assessing the        11.   Ensure completed nomination forms are available
     validity of nominations and eligibility of candidates).            for inspection up to the commencement of
     The nominator and/or candidate must be a member                    voting. Given that personal information is on the
     of the relevant electorate. A nomination does not                  nomination form, the principal should personally
     require a seconder.                                                handle any requests for inspection.
3.   Display notices showing the name of each                     12. Nomination forms must be kept at the school by
     candidate and nominator in a prominent position                  the principal for a period of 12 months from the
     at the school as soon as practicable after the                   date of the declaration of the poll and available for
     closing of nominations. A sample notice to list                  inspection by voters at reasonable times.

16                                      Principals guide to school council elections 2021
Flow chart 4: assessing the validity of nominations and eligibility of candidates

               Has the correct nomination form                         No                   Invalid nomination
             (Form 3, 4, 5, 6, 7, 8) been completed?                                     (ask for the correct form)

                              Yes

       Has the nomination been received by 4.00pm on                   No                   Invalid nomination
                the nomination closing date?

                              Yes

     Has the student nominee declared they have discussed              No                   Invalid nomination
     standing for election with their parent/s or guardians?

                              Yes

        Has the nominee declared they have a sound                     No                   Invalid nomination
        understanding of the obligations and level of
       commitment required to participate on council?

                              Yes

      Is or has the nominee been an indictable insolvent              Yes            Not eligible to be a candidate
                     under administration?
           (If necessary, evidence must be assessed)

                              No

               Is the nominee of unsound mind?                         Yes           Not eligible to be a candidate

                              No

       Is the nominee a registrable offender within the               Yes            Not eligible to be a candidate
       meaning of Sex Offenders Registration Act 2004

                              No

     Has the nominee been found guilty or convicted of an             Yes
                       indictable offence?                                           Not eligible to be a candidate
           (If necessary, evidence must be assessed)

                              No

      Is the nominee subject to a medical condition which             Yes            Not eligible to be a candidate
       makes them unable to fulfil the role of a member of
                        school council?

                               No

           Candidate is eligible to stand for election

                                     Principals guide to school council elections 2021                                17
Flow chart 5: assessing the requirements for a ballot

        Is the number of nominations more
       than the number of vacancies in the
                                                    Yes                 A ballot is required
       parent, school employee or student
                 member category?

                       No

       Does the number of nominations in
                                                                  Declare election and inform
      any one membership category equal             Yes
                                                                        the community
           the number of vacancies?

                       No                                                       Yes

       Is the number of nominations in any                       Do the Department employee
        one membership category less the            Yes           parent nominations exceed      No
               number of vacancies?                                  the maximum number
                                                                 allowed in the parent member
                                                                           category?

                      Yes
                                                                                                Declare elected
                                                                                                    those who
                                                                                                 nominated in
       Call for further nominations to the                                                      that category.
           student member category                                                              Call for further
                                                                                                nominations to
                                                                                                  fill the rest of
                                                                                                 the vacancies

18                                 Principals guide to school council elections 2021
Stage three: preparing for ballot
Indicative timeframe                                                     The principal may determine whether the school
                                                                         pays for return postage of any ballot papers.
This stage is within seven days before the poll
closing date.                                                      5.    Ballot papers must not be uploaded onto the
                                                                         school website or distributed electronically.
Intended outcomes at this stage                                    6.    Inform the school community that in the parent
•    Ballot papers (Forms 10, 11, 12 and 13) are prepared                member and school employee member categories
     and completed as required by the school's                           no campaign literature supporting candidates or
     constituting Order:                                                 groups of candidates may be distributed or posted
     a. Form 10 is used for the parent member category                   in the school. No school resources, whether human
        (refer to Appendix B, Example 1)                                 or material, may be used to support particular
                                                                         candidates or groups of candidates.
     b. Form 11 is used for the school employee
        member category                                            7.    Campaign rules differ slightly for students.
                                                                         Inform the school community that campaign
     c. Form 12 is used for the parent member category in
                                                                         literature supporting student candidates or groups
        circumstances where:
                                                                         may be distributed or posted in the school at the
        •   parents who are Department employees and                     discretion of the principal.
            who are nominated to the parent member                       No school resources whether human or material
            category exceed the maximum                                  may be used to support particular candidates or
            Department employee parents                                  groups of candidates.
        •   but where there are insufficient candidates            8.    Notify voters of any withdrawal of candidates as
            for the parent member category who are not                   soon as possible.
            Department employees
                                                                   9.    Authorise a person to receive and register votes
        •   and where at the second call for nominations                 delivered to the school up to and including the day
            the number of parents nominated exceeds                      of the closure of the ballot.
            the vacancies and a ballot is required (refer
                                                                   10. Provide a securely sealed ballot box, or boxes
            to Appendix B, Example 2)
                                                                       in the case of multiple school campuses, for the
     d. Form 13 is used for the student member category.               casting of votes at the school between the hours of
•    Clear instructions to, and communication with, the                8.00am and 4.00pm on every school day up to and
     voters and candidates are established.                            including the day of the closure of the ballot.
•    Voters may only vote once in a ballot and must vote           11.   Record in a register the name and address
     in the relevant electorate. Each parent of                          appearing at the rear of each outer envelope
     child/ren enrolled at the school is entitled to                     containing a postal vote and a vote cast between
     vote in the council ballot.                                         the hours of 8.00am and 4.00pm on any school
•    Administrative arrangements are completed to cast                   day up to and including the day fixed for the
     votes and to record the names and addresses of the                  closure of the ballot and which has been delivered
     voters on the register of voters.                                   to the person authorised to receive and register
•    Integrity of the voting process and the security of the             the votes. Place the unopened plain envelope
     ballot boxes are ensured.                                           containing the completed ballot paper in the ballot
                                                                         box.
Requirements – steps to be taken                                   12. For a ballot paper delivered to the school by
1.   Prepare ballot papers (Forms 10, 11, 12 and                       the voter, the voter places the blank envelope
     13) as appropriate, with the names, in an                         containing the ballot paper in the ballot box and
     order determined by the drawing of lots,                          prints his/her name and address in the register
     of the candidates listed in the relevant                          of voters.
     membership category.
                                                                   13. Ensure that the ballot box is kept in a secure place
2.   Ensure each ballot paper is easily capable of                     at all times.
     authentication by, for example, a signature or
     school stamp.
3.   Electronic or digital ballot papers cannot be used.
4.   At least seven days before the date fixed for the
     closure of the ballot, post or arrange delivery of
     the ballot papers together with two envelopes to
     each voter of the relevant electorate of the school.

                                         Principals guide to school council elections 2021                                  19
Casting a vote                                                     Statements from candidates
Each voter must complete a ballot paper by placing a               Preparation and distribution of candidates' statements
mark next to the name of each candidate standing for               is not a requirement in Ministerial Order 1280. However,
election for whom the voter wishes to vote, up to the              in line with standard election procedure, principals
number of vacant positions. To cast a vote, the voter              may wish to invite candidates to prepare a brief
must:                                                              statement to be distributed with each ballot paper.
                                                                   This allows each electorate to gain some background
•    post the vote by
                                                                   about the people standing for election.
     i.   placing the completed ballot paper in a blank
          envelope; and                                            If candidates are invited to prepare a statement, the
                                                                   length required should be specified by the principal.
     ii. placing the blank envelope in a second envelope
                                                                   It is suggested that it be no more than 150 words.
         with the voter’s name and address printed on the
                                                                   The principal should specify the type of information
         back of this envelope; and
                                                                   that could be included about the candidates.
     iii. posting the envelope to the principal so as to
          reach the principal by 4.00pm on the day of the          A statement from a candidate may include information
          closure of the ballot;                                   about their:
OR                                                                 •   work experience including voluntary work
•    deliver, or arrange delivery of, the completed ballot         •   academic and professional qualifications
     paper to the school between the hours of 8.00am and               if applicable
     4.00pm on any school day up to and including the              •   skills and abilities including those that may be
     day fixed for the closure of the ballot, and place the            useful for the council (e.g. accounting, contract
     completed ballot paper in a blank envelope, and                   management, fundraising, organising events, etc.)
     i.   place the blank envelope in another envelope with        •   previous and current involvement with the school,
          the voter’s name and address written on it and               and school council including subcommittees of
          deliver the envelope to the person authorised to             school council
          receive and register the votes, or                       •   reasons for standing for election
     ii. place the completed ballot paper in a blank               •   interests and hobbies.
         envelope in the ballot box provided and print
         the voter’s name and address in the register              Editing the statements of candidates
         of voters.                                                The principal should not edit the candidates’
                                                                   statements. The principal may request a candidate
Good practice                                                      to omit any part of a statement that is likely to
•    Advise voters on the process to cast their vote, either       be defamatory or offensive or inappropriate to
     through a newsletter and/or as a separate guidance            the election campaign or community.
     page with the ballot documents.
                                                                   If candidates provide statements that are too long, the
•    Receive statements from candidates so that they
                                                                   candidate should be asked to revise the statement
     can be circulated with the ballot papers. Where
                                                                   prior to it being circulated. If this is not done, the
     a candidate has not followed instructions for
                                                                   statement should be published using only the specified
     completing the statement, request that they revise it.
                                                                   number of words.
     Send candidates’ statements with the ballot papers.
     Further advice about candidates’ statements is                Any instructions concerning completion should be
     included at the end of this section.                          adhered to. Failure to ensure that candidates have
•    Advise voters that anybody who wishes to use a                followed instructions for completing their statements
     postal vote should ensure that their vote is posted           has resulted in the lodging of grievances.
     in time to reach the school by 4.00pm on the closing          Principals can place candidates’ statements into a
     date of the ballot.                                           single Word document, in the order that the candidates’
•    Use the school website, an election newsletter, or a          names are listed on the ballot paper. Principals can re-
     hand delivery system through school students, as              format the statements to the extent that font size and
     additional means of communication with voters.                spacing is consistent across the Word document.
•    Allocate a person to answer telephone inquiries
     regarding the election or casting votes during
     this period. Flow charts 1, 2 and 3 will assist in
     providing advice on, and assessing voting rights
     for the electorates.
•    Where a school has a post box mailing address, clear
     the box at 4.00pm on the day of the ballot closure
     of the ballot.

20                                       Principals guide to school council elections 2021
Stage four: ballot count and declaring poll
Indicative timeframe                                              9.    Formally declare to be elected as members of the
                                                                        parent member category of the school council, the
This stage starts as soon as possible after the close of
                                                                        highest-ranking candidates up to the number of
ballot.
                                                                        vacancies to be filled in that category. However, the
Intended outcomes at this stage                                         principal shall not formally declare to be elected,
                                                                        any candidate seeking election to the parent
•    The secrecy of the ballot and integrity of the
                                                                        member category who is a Department employee
     electoral process are maintained during the vote
                                                                        if such a declaration would result in half, or more
     count and declaration of the poll.
                                                                        than half, of the school council’s total membership
Requirements – steps to be taken                                        being Department employees.
1.   On the date fixed for the closure of the ballot, or          10. Formally declare to be elected as members of the
     as soon as practicable after that date, preside                  school employee member category of the school
     at the counting of the votes and the declaration of              council the highest-ranking candidates up to the
     the poll.                                                        number of vacancies to be filled in the school
2.   The declaration of the poll may coincide with                    employee member category.
     any other school meeting.                                    11.   Formally declare to be elected as members of
3.   Inform each candidate of the date, time and place                  the student member category of the school
     for the counting of votes and of the right to appoint              council the highest-ranking candidates up to the
     one scrutineer each to observe the counting of the                 number of vacancies to be filled in the student
     votes (refer to Note 2 for advice to scrutineers).                 member category.

4.   Appoint not less than two tellers, being persons             12. Notify all persons standing for election of the
     who are not candidates for election, to:                         results of the election within 48 hours of the
                                                                      declaration of the poll.
     a. count, in the presence of any scrutineers, the
        number of votes cast for each candidate                   13. After the declaration of the poll, the principal must:

     b. report the result to the principal                              a. retain the ballot papers in the school for
                                                                           12 months, after which the ballot papers must
     c. carry out any other duties in respect of the
                                                                           be destroyed unless the principal has been
        election as required by the principal.
                                                                           instructed otherwise by the Secretary of
5.   Any ballot paper that:                                                the Department, and
     a. is not received by the principal or placed in                   b. retain all results and related information
        the ballot box at the time of the closure of the                   other than ballot papers in the school for
        ballot, or                                                         12 months, after which time the results and
     b. is not properly and clearly marked, or                             related information may be destroyed unless the
     c. does not comply with the provisions of the Order                   principal has been instructed otherwise by the
                                                                           Secretary of the Department.
     shall be rejected as invalid.
                                                                  14. Advise any person who raises a grievance arising
6.   A scrutineer shall be removed from the counting                  out of the conduct of the election that a complaint
     of votes at the direction of the principal if the                in writing may be made to the principal within 14
     scrutineer interferes with the counting procedures.              days of the date of the declaration of the poll.
7.   At the conclusion of the counting of the votes, rank         15. If a principal receives a complaint about the
     the candidates standing for election to the parent,              conduct of an election they must refer that
     school employee and student member categories                    complaint to their Regional Director as soon as
     in accordance with the total number of votes                     possible. Refer to the Complaints process/conduct
     received by each candidate and, if requested,                    of an election earlier in this guide.
     disclose the voting figures. Refer to Appendix B for
     some examples of assessing the requirement for
     an election and determining election results.
8.   For the purpose of ranking the candidates, if there
     is a tie between some or all of the candidates
     standing for election in any membership category,
     determine the ranking of the candidates by the
     drawing of lots.

                                        Principals guide to school council elections 2021                                      21
Good practice                                                       Note 3: how to determine invalid votes
•    Develop and use a simple system to record the                  The method for marking a ballot paper is not
     number of valid votes cast for each candidate and              prescribed and hence ticks, crosses and numbers
     be satisfied with the total number of votes before             are all valid and should be interpreted as voting for a
     declaring the poll.                                            particular candidate. A ballot paper shall be rejected
•    Re-examine invalid votes to decide if they are valid           as invalid if:
     or invalid. Refer to Note 3 for advice on how to               •   it is not received by the principal or placed in the
     determine invalid votes.                                           ballot box by 4.00pm on the day of the closure of the
•    Record and maintain a register of any issues raised                ballot
     by the scrutineers and decisions reached.                      •   it is not properly and clearly marked
•    Maintain the secrecy of the ballot, and not open               •   the voter marks the names of more candidates than
     voting papers until the scheduled time of the                      they are entitled to vote for
     vote count.
                                                                    •   in any other way it is unclear from the ballot paper
•    Maintain the confidentiality of the state of the ballot            for whom the vote is intended
     at all times until satisfied that the result is correct.
                                                                    •   there is reasonable cause to believe that the ballot
Note 2: scrutineers for the vote count                                  paper was not an official ballot paper, i.e. one that is
                                                                        not easily authenticated by, for example, a signature
•    A scrutineer is entitled to be present and observe
                                                                        or school stamp
     the opening of envelopes containing ballot papers,
     the examination of envelopes and ballot papers                 •   from the postmark on the outer envelope, the
     and counting of the votes. However, the scrutineer                 principal is satisfied that it was posted after the poll
     is not entitled to be involved in or interfere with the            closure date
     process.                                                       •   it does not comply with any other requirement.
•    Should a scrutineer wish to challenge the validity of
     a particular ballot paper, they should draw this to
     the attention of the presiding officer (the principal or
     their delegate), who will then decide on its validity.
•    The decision of the principal or their appointee
     is final.
•    If there is a tie between some or all of the candidates
     standing for election in any membership category,
     each scrutineer is entitled to be present while the
     principal determines the ranking of the candidates
     by the drawing of lots.

22                                        Principals guide to school council elections 2021
Stage five: special and first council meetings
after the poll
Indicative timeframe                                             2.   If a school council is not required to have
                                                                      community members co-opted to the council,
This stage starts as soon as practicable after
                                                                      the principal must call, and preside at, the first
the declaration of the poll and is managed by
                                                                      meeting of the school council to elect a president
the principal.
                                                                      and any other office bearers the council may
Intended outcomes at this stage                                       choose to have. As executive officer of council and
•    The co-option of community members and election                  a Department employee, the principal has a vote
     of office-bearers is completed to finalise the                   at the meeting. A Department employee or student
     election process.                                                member is ineligible to serve as president or vice-
                                                                      president, if the council choose to elect one. The
Good practice for appointing community                                school business manager is ineligible to serve as
members                                                               treasurer.
•    In consultation with elected council members, assess             The quorum requirements of this meeting are
     the skill mix required for the council to function               that not less than one half of school council
     effectively and consider what skills gaps can be                 members currently holding office are present,
     filled through appointing community members.                     and the majority of members present must not be
     School governance support materials to assist this               Department employees.
     process are available on the Department’s Policy            3.   In the election of an office bearer, if the votes are
     and Advisory Library (PAL) under School Councils                 tied, the school council may
     – Training and Good Governance. Conduct informal
     consultations with newly elected and existing council            a.   decide to hold a new election for the office
     members to discover potential community members                       bearer position
     for co-option.                                                   b.   decide the election by the drawing of lots.
•    Seek prior consent from potential community                 4.   If a new election for the office bearer position is
     members for their co-option to the Council.                      held and is tied again, the school council may
•    Refer to Benefits of co-opting community members
                                                                      a.   decide to conduct further elections until the
     to school councils on PAL.
                                                                           election of the office bearers is decided; or
Requirements – steps to be taken
                                                                      b.   decide the election by the drawing of lots.
1.   If a school council is required to have community
     members co-opted to the school council, the                 5.   Once members and office bearers are elected or
     principal must as soon as practicable after the                  co-opted to the school council, inform the school
     declaration of the poll and before office bearers                community of the names of the members and
     are elected, call, and preside at, a special meeting             office bearers.
     for the purpose of co-opting the community                  6.   Report to the school council the number of votes
     members. The principal will then call, and preside               cast in each category: school employee, parent
     at, the first meeting of the school council to elect             and student, and for each candidate, in each
     office bearers.                                                  electorate.
     a.   At the special meeting to co-opt community
          members the quorum is constituted if not less
          than one-half of the members of school council
          currently holding office are present.
     b.   If the purpose of co-option of community
          members cannot be achieved at this meeting,
          the meeting may be adjourned to a date
          decided by the council.
     c.   If the co-option of community members either
          cannot be resolved at the special meeting or on
          resumption of the adjourned special meeting,
          the school council may proceed to the first
          meeting of the school council to elect office
          bearers.

                                       Principals guide to school council elections 2021                                      23
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