Principals guide to school council elections 2021
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Principals guide to school council elections 2021
© State of Victoria (Department of Education and Training) 2021
Principals guide to school council elections 2021 is provided under a Creative Commons Attribution
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The licence does not apply to:
• any images, photographs, trademarks or branding, including the Victorian Government logo and
the Department of Education and Training logo; and
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Copyright queries may be directed to copyright@education.vic.gov.au
2
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
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 2021Form 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 5Introduction
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 2021Changes 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 7Membership 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 2021School 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 9Secondary 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 2021Please 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 11School 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 2021Stage 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 13Flow 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 2021Note 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 15Stage 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 2021Flow 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 17Flow 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 2021Stage 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 19Casting 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 2021Stage 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 21Good 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 2021Stage 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 23You can also read
