Elections


1. Purpose

The purpose of this policy is to outline the procedures applying to RACGP elections and to ensure that all RACGP elections are conducted with the highest degree of integrity, fairness and transparency.

2. Application

This Policy consolidates the election rules, regulations and procedures for all RACGP elections and defines the policy basis for the election of RACGP representatives to the RACGP Board and to Faculty Councils.

This Policy applies to RACGP elections for elected Directors and Faculty Council members.

This Policy is to be read in conjunction with the Constitution. In the event of inconsistency between in this Policy and the Constitution, the Constitution prevails.

This policy is made under clause 70(b)(v) of the Constitution and applies to all members.

This Policy comprises six parts:

  • the body of the Policy;
  • Appendix 1 - Election Procedures;
  • Appendix 2 - Additional Procedures for Executive Candidate Elections;
  • Appendix 3 - Additional Procedures for Faculty Council Member Elections;
  • Appendix 4 - General Campaigning Rules; and
  • Appendix 5 - Complaints and Disciplinary Action.

3. Principles

The election processes described in this policy are designed to be simple and transparent, to assist the RACGP Board and the Faculties to conduct elections and to minimise the resources expended.

The RACGP is committed to:

  • inclusive elections at all levels;
  • fair competition between Candidates;
  • ensuring Candidates understand their rights, responsibilities and expectations before, during and after elections;
  • providing and refining processes to ensure maximum member participation;
  • maintaining integrity, accuracy and transparency in all election processes;
  • ensuring members have sufficient information to make informed choices; and
  • conducting elections in a manner befitting a professional and public organisation.

4. Returning Officer

4.1 Appointment of Returning Officer

The RACGP must appoint a Returning Officer, who should be external to the RACGP.

4.2 Duty and Responsibility of Returning Officer

The Returning Officer is responsible for the administration of all Ballots and the preservation of their integrity. The Returning Officer must work with the RACGP to ensure the integrity, accuracy and transparency of election processes.

The RACGP is responsible for ensuring the Returning Officer’s powers and duties are clear, understood and sufficient to administer all relevant aspects of the elections.

Other than as specified in this Policy, the Returning Officer and the RACGP must work together to allocate the Policy’s responsibilities between them.

5. Election Rules

The RACGP may make rules, regulations and procedures to govern its elections as it sees fit. Any such rules, regulations and procedures are binding on members as if they were included in this Policy.

All rules, regulations and procedures should be added as Appendices to this Policy.

6. Disciplinary action

Candidates must comply with this Policy including the Appendices. A failure to do so may be met with disciplinary action.

7. Amendment of this Policy

The RACGP Board may make amendments to this policy at any time.

8. Responsibilities

CEO

Must comply with the policy.

RACGP Board

Responsible for approval of policy and amendments.

Returning Officer

Responsible for administration of key parts of the policy including administering Ballots, accepting Nominations, taking complaints, serving Ballot Materials, determining the validity of Ballots, and conducting Ballots.

9. Glossary

Ballot

a method of secret voting by means of printed, written or electronic medium and includes (without limitation, as the context permits) the medium by which a vote is cast.

Ballot Materials

means:

a Ballot form or access to a Ballot form listing the Candidates’ names in randomly determined order (to be determined by the Returning Officer), allowing for Candidates to be marked in the voter’s order of preference;

instructions for completing and returning the completed Ballot forms, including the Ballot’s closing date;

a method of authentication for completion by the Eligible Voter confirming the Ballot was cast by that member;

any relevant Candidate statements; and

if any Ballots are distributed by post for whatever reason, a “reply paid” envelope addressed to the Returning Officer,

Campaigning

publicly promoting one’s candidacy for an elected position. It includes all publicity and campaigning (oral, written or electronic) material, whether printed, published, distributed or broadcast, online or printed, for the purposes of soliciting support, in which a person identifies himself or herself as a Candidate. This includes social media and electronic networking facilities (e.g. Facebook, Twitter, Instagram, LinkedIn).

Candidate

a person who has submitted a Valid Nomination for any of the positions to be elected under this Policy.

Censor-in-Chief

the person holding office in accordance with Part 7.6 of the Constitution.

Chair of the RACGP Board

the person holding office in accordance with Part 7.5 of the Constitution.

Constitution

the constitution of The Royal Australian College of General Practitioners.

Council of Assessment

the committee established by the RACGP Board and governed by the Council of Assessment – Terms of Reference policy.

Council of Censors

the committee established by the RACGP Board and governed by the Council of Censors – Terms of Reference policy.

Election Period

the period from the close of nominations to the declaration of election results.

Eligible Voter

those members eligible to vote as specified in the Appendices.

Executive Candidates

candidates for the roles of the President-Elect or the Censor-in-Chief.

Faculty Council

has the meaning under clause 110(a)(xiii) of the Constitution.

Faculty Member Meeting

a Faculty’s annual meeting, held pursuant to the Faculty Regulations.

Faculty Regulations

the RACGP Faculty Regulations as amended from time to time.

Faculty Wide Elections

the Ballot for those elected positions on the Faculty Council from the Faculty’s entire membership, conducted in accordance with Appendix 3.

National Faculty of Aboriginal and Torres Strait Islander Health

means the National Faculty of Aboriginal and Torres Strait Islander Health established under the Regulations

National Faculty of GPs in Training

means the National Faculty of GPs in Training established under the Regulations

National Rural Faculty

means the National Rural Faculty established under the Regulations

National Faculty of Specific Interests

means the National Faculty of Specific Interests established under the Regulations

Policy

this RACGP Elections Policy including the Appendices.

President-Elect

the person holding office in accordance with Part 7.3 of the Constitution.

Regional Faculties

the New South Wales and Australian Capital Territory Faculty; the Queensland Faculty, the South Australia and Northern Territory Faculty, the Tasmania Faculty, the Victoria Faculty and the Western Australia Faculty.

Regional Representation Elections

means the Ballot for those elected positions on the Faculty Council from geographical areas based on defined electorate boundaries, conducted in accordance with Appendix 3.

Returning Officer

the person or agency appointed pursuant to clause 4.

Rules

the campaign rules in Appendix 4.

Valid Nomination

Candidate nominations satisfying clause 2.1 of Appendix 1.

10. Related Documents, Legislation and Policies

RACGP Constitution

RACGP Faculty Regulations

 

Compliance

N/A

Guidance

N/A

11. Policy Review and Currency

This policy will be reviewed every three years from the last approval date, or when there is a significant change in the intent of the policy. This policy remains valid and applicable notwithstanding it is overdue for review.

Version History

Release notice

Version

Date of effect

Amendment details

Amended by

1.0 18 November 2019 Initial release  

Record no.:

 

Policy owner:

RACGP Board

Approved by:

RACGP Board                  

Approved on:

18 June 2020

Next Review Due:

June 2023

 

 

Appendix 1

Election Procedures

 

1. Conduct of Elections

Elections must be conducted by electronic (including web-based) means. Promotion of RACGP elections should occur via electronic communication.

Service of notices must comply with the time frames in clause 102 of the Constitution.

An election is not invalidated only because:

  • an Eligible Voter did not receive the Ballot Materials;
  • there was an error in any register of Eligible Voters;
  • an Eligible Voter or the Returning Officer failed to comply strictly with any of the requirements of the Constitution or any regulations made under it; or
  • there was any procedural irregularity.

2. Nominations

Calls for nomination may be provided to all Eligible Voters as required by the Constitution and the Corporations Act 2001 (C’th).

Information on the nomination procedure for each election should be added to the RACGP website on or before the commencement of each nomination period.

Candidates may forward nominations by mail, as attachments by email or facsimile or by hand to the Returning Officer.

The Returning Officer must reject all nominations that are not Valid Nominations.

Prior to rejecting an invalid nomination, the Returning Officer should make a reasonable effort within the nomination period to contact those nominees who have supplied nominations that are invalid, with the aim of correcting any defects.

The nomination period for Executive or Faculty Board positions expires at 4.00pm on the date 28 days after the date on which the call for nominations was dispatched. No further nominations will be accepted after this time.

At the expiry of the nomination period, nominations must be publicised in appropriate RACGP communications to members such as in news GP, newsletters or general practice media.

2.1 Valid Nominations

A Valid Nomination must:

  1. be on the prescribed form and lodged with the RACGP or its Returning Officer as directed;
  2. contain the following details:
    1. the Candidate’s full (and preferred) Ballot names;
    2. the Candidate’s contact details;
    3. the office for which the Candidate is nominating;
    4. the Candidate’s consent to the nomination;
    5. the Candidate’s agreement to comply with the Rules during the Election Period;
    6. the signatures of two nominators;
    7. confirmation that the Candidate has no restrictions placed upon their medical registration;
    8. a statement attesting to the Candidate’s good standing;
    9. in the case of an Executive Candidate, the nominators must satisfy the Constitutional requirements;
    10. in the case of an Executive Candidate the Candidate must provide a signed consent to act as a director of the RACGP (to be conditional until successful election); and
  3. in the case of a Faculty Council Candidate, the Candidate and the nominators must each be:
    1. Faculty members and Eligible Voters;
    2. predominantly working or ordinarily residing in the relevant electorate;
    3. in the case of the National Rural Faculty, predominantly working or ordinarily residing in an area considered rural or remote; and
    4. in the case of the National Faculty of GP in Training, to be the Rural representative, predominantly or working or ordinarily residing in an area considered to be rural or remote;
  4. detail any further information required by the Returning Officer; and
  5. be received prior to the expiry of the relevant nomination period.

3. Ballot Procedures

With the exception of election results, all involved parties must treat all Ballot information as confidential, and no party may either directly or indirectly, divulge or communicate any such information.

The RACGP must determine:

  • the dates and times for the opening and closing of Ballots, provided the period between the opening and closing of the Ballot:
    • where practicable, does not coincide with any State school holidays or major festivities/public holidays; and
    • extends for no less than 10 days; and
  • the method of voting in the Ballot.

The Returning Officer must arrange for the Ballot Materials to be served on Eligible Voters.

Electronic Ballots must be conducted via a secure electronic process capable of ensuring the validity of Ballots, to the satisfaction of the Chief Executive Officer.

For those members unable or unwilling to participate in an electronic Ballot, the Returning Officer may send the Ballot Materials instead or additionally by post.

The Returning Officer may, at any time during the voting period send a communication to members eligible to vote, but who have not yet voted, reminding them to vote.

3.1 Validation and counting of votes

The validation and counting of Ballot forms may be undertaken manually, electronically or by a combination of such methods.

After the closing date of the Ballot, the Returning Officer must declare invalid any Ballot form that, in the reasonable opinion of the Returning Officer:

  1. is not personally completed by the Eligible Voter or cannot be authenticated;
  2. is not completed appropriately with numbered preferences for all Candidates, has no vote recorded on it, or does not clearly indicate the Eligible Voter’s voting intention
  3. is cast by a member who is not an Eligible Voter;
  4. identifies the voting member;
  5. is received from a member who has previously voted in that Ballot; or
  6. is received after the Ballot’s closing date.

3.2 Proxies

Proxies may be not used for any election under this Policy.

3.3 Withdrawal of Candidates

Candidates may withdraw their nomination at any time after the closing of the nomination period.

During the Election Period, if a Candidate:

  1. withdraws;
  2. becomes ineligible to hold the position they are Campaigning for; or
  3. is withdrawn as a result of disciplinary proceedings; then

their Candidacy is voided and, if occurring after the service of Ballot materials, the Returning Officer must disregard that Candidate’s first preference votes but will apply subsequent preferences for other Candidates remaining in the Ballot.

3.4 Disqualification of Candidates

Where a Candidate is disqualified as a result of a complaint or disciplinary action under Appendix 5, their Candidacy is voided and, if occurring after the service of Ballot materials, the Returning Officer must disregard that Candidate’s first preference votes but will apply subsequent preferences for other Candidates remaining in the Ballot.

3.5 Preferential voting

All Ballots are to be determined on a standard preferential voting basis.

Where an Executive Candidate has an absolute majority of total votes cast, they are declared elected. No preferential voting calculations are necessary. If an Executive Candidate fails to achieve an absolute majority, preferential voting calculations are to be made in the normal course.

Where the number of Faculty Council Candidates is less than or equal to the number of elected Faculty Council positions to be filled, those candidates are declared elected. No preferential voting calculations are necessary.

For elections for only one Candidate, if no Candidate has an absolute majority of total votes cast in their Ballot each successive Candidate who has received the fewest votes is excluded, and each Ballot attributed to that Candidate is assigned to the Candidate next in the order of that Ballot form’s preference. This process is repeated until one Candidate has the absolute majority of votes. That Candidate is declared elected.

For elections of more than one Candidate, standard preferential voting is applied until the requisite number of Candidates are determined, at which point those Candidates are elected.

If at any round of exclusion, the indicated preference is for a previously excluded Candidate, that preference is disregarded and the vote distributed to the next available preference.

In the case of two or more Candidates receiving an equal number of votes, the Candidate who had the higher standing in the previous round of the voting count will prevail, but if the equality exists in the previous round the Returning Officer may decide by random lot which Candidate prevails.

3.6 Determination of election outcome

Upon determining the valid Ballots and counting the valid Ballots in accordance with this Procedure, the Returning Officer must record:

  1. the total number of Ballots issued;
  2. the total number of Ballot forms received, allocated between valid and invalid; and
  3. the total number of first preference votes cast for each Candidate and details of the actual distribution of preferences (if required),

A copy of the record must be provided to the Chair of the RACGP Board promptly upon completion, and in any event no later than 5 business days after the Ballot closing date.

The result of the election shall be declared on confirmation of the result.

The total number of primary preference votes received and the order of election of Candidates must be made public for all elections.

The Returning Officer must keep all Ballot material for six months after the declaration of the Ballot, whereupon it must be destroyed save in the case of any pending or anticipated dispute, in which event the time period for destruction, is extended until determined by the RACGP Board.

3.7 Timing of elections

Despite anything to the contrary in this Appendix 1, the processes leading to the election of the Candidates (and in the case of Faculty Council members, the subsequent election of their Chair where relevant) must be complete and the successful Candidates notified to the RACGP Board at least one month before the RACGP’s Annual General Meeting.
 

Appendix 2

Additional Procedures for Executive Candidate Elections

 

1. Eligible Candidates for Executive Candidate Positions

Only Fellows are entitled to stand for election as President-Elect or Censor-in-Chief.

2. Eligible Voters for Executive Candidate Positions

For President-elect elections, Eligible Voters are Fellows, Members and Registrar Associates.

For Censor-in-Chief elections, Eligible Voters are Council of Censors members and Council of Assessment members.

3. Election Process

Executive Candidate elections are to be held in accordance with Appendix 1.
 

Appendix 3

Additional Procedures for Faculty Council Member Elections

 

1. National Faculty of Specific Interests

This Appendix 3 does not apply to the National Faculty of Specific Interests, which must instead refer to the Faculty Regulations.

2. Faculty Council Elections Generally

Only Fellows, Members and Registrar Associates are entitled to stand for election as a Faculty Council member.

Eligible Voters for Faculty Council elections are Fellows, Members or Registrar Associates who are members of the electing Faculty.

Once relevant notices are dispatched to Faculty members, nominations must remain open for at least ten days and the Ballot itself cannot be held for at least ten days.

2.1 Electoral system

Unless the RACGP Board notifies a Faculty pursuant to a Faculty request under this clause, Faculty Council members are elected by Faculty Wide Elections.

A Faculty Council may by resolution request the RACGP Board to approve an amendment to that Faculty’s determination of its electoral system to one of the following:

  • Faculty Wide Elections (in accordance with the Faculty Regulations);
  • Regional Representation Elections (in accordance with the Faculty Regulations ); or
  • a hybrid of the methods above (in accordance with the Faculty Regulations ).

The RACGP Board may resolve to approve a Faculty’s request under this clause and if so must promptly notify the Faculty of its decision, at which point the Faculty’s electoral system is deemed to have changed.

A Faculty may only amend their electoral system in accordance with this clause.

2.2 Elected Faculty Council member numbers

Unless the RACGP Board notifies a Faculty under clause 2.1 of this Appendix, there is no limit to the overall number of elected Faculty Council members under Faculty Wide Elections, and the number of elected Faculty Council members per regional electorate under Regional Representation Elections is one.

A Faculty Council may by resolution request the RACGP Board to approve an amendment to the number of elected Faculty Council positions for that Faculty, which:

  • for Faculty Wide Elections, will limit the overall number of elected Faculty Council members; or
  • for Regional Representation Elections, will limit the number of elected Faculty Council members in specific regional electorates.

The RACGP Board may resolve to approve a Faculty’s request under this clause and if so must notify the Faculty of its decision, at which point the number of elected Faculty Council members is deemed to have changed.

A Faculty may only amend the number of elected Faculty Council members in accordance with this clause.
 

Appendix 4

Campaign Rules

 

1. Context and Scope

These Rules apply to all Campaigning conducted during an Election Period.

These Rules supplement the Policy and all other applicable RACGP policies. A breach of any of these Rules will be considered a breach of the Policy.

2. General Rules

2.1 Candidate Conduct

Candidates:

  1. must comply with these Rules;
  2. are each responsible for their own campaigns, including controlling (where possible) the materials written about them by third parties;
  3. are responsible for familiarising themselves with these Rules;
  4. must not solicit, entice or encourage, directly or indirectly, another member to campaign on their behalf in a way that would, had the Candidate performed the activity themselves, breach these Rules;
  5. should discuss with the Chair of the RACGP Board and/or President prior to any Campaigning being undertaken, how their Campaign activities may impact any current roles/positions held with the RACGP and the Candidate’s expected behaviours during the Election Period;
  6. must not interfere with the RACGP’s or the Returning Officer’s administration of a Ballot;
  7. must step down from all roles or positions, other than that as a Director, at the close of nominations to run as an Executive Candidate. Directors are restricted to those activities they, as Directors but not as Faculty Chairs, would have ordinarily performed during the Election Period;
  8. must comply with all Australian laws, including the Privacy Act 1988 (C’th), Spam Act 2003 (C’th) and the Do Not Call Register Act 2006 (C’th) when making any communication; and
  9. and their supporters, in all written and oral communications, are expected to conduct and represent themselves in a manner commensurate with the dignity of office they aspire to hold, are to respect competition and equity and must not make derogatory comments concerning any other candidate in any communication, publicity or campaigning.

If Candidates are unsure if a particular activity breaches these rules, they should contact the Returning Officer at first instance for an interpretation. This interpretation is indicative only and non-binding on any party, and Candidates should seek their own advice for further assistance. Candidates may also ask a question under clause 3.3 of this Appendix.

2.2 RACGP Board Conduct

The RACGP Board does not endorse Candidates, either explicitly or implicitly. Directors may make individual decisions regarding their voting preference for Candidates, however must not publicly endorse or support them.

2.3 Use of RACGP Resources for Campaigning

Unless expressly permitted under these Rules, Candidates, their supporters, and RACGP members shall not use any privileges, including but not limited to access to communications channels, attached to any RACGP office or position for any conduct during the Election Period.

Unless expressly permitted under these Rules, no communications may be sent on RACGP letterhead or from an RACGP email address, or through using RACGP databases or mailing lists, if the communication could be considered Campaigning in form or substance.

3. Official Candidate Statements

Candidates may, along with their nomination form, provide material in support of their Candidacy as follows:

for distribution with Ballot material:

  • a statement not exceeding 1000 words; and
  • a colour photograph of publication quality and in a format satisfactory to the RACGP; and

for placement on the RACGP website:

  • a curriculum vitae of no more than 2000 words; and
  • a statement not exceeding 2000 words.

Candidates may submit a short video and transcript (maximum 5 minutes in duration) to support their nomination. In the event a Ballot is required, these videos will be made available on the RACGP website.

Election material for publication will be accepted from Candidates after receipt and acceptance of their Valid Nomination.

Candidate statements are subject to the following rules:

  • words in excess of the word limit may be excised by the Returning Officer from the point where the word limit is reached in the material, where necessary without consultation;
  • the Candidate’s name, title and letters after their name to indicate qualifications, honours and memberships will not be counted in the word limit. Normally hyphenated words will count as one word; and
  • the word limit will be a computer generated count, however may be cross-referenced manually where necessary.

Subject to this clause 3 Candidate statements will be published unedited (without altering spelling, punctuation or grammar) along with a note to the effect that the information was provided by the Candidate.

For Executive Candidates, the RACGP must:

  • as soon as practicable following the close of the nomination period, include each Candidate’s profile on the RACGP website ;
  • send up to 3 Candidate statements to Eligible Voters via official RACGP information channels during the campaign period. For practicality purposes, the Returning Officer may determine the word limit for any such statement applicable to all Candidates, however should ensure the statement links to the relevant Candidate statement hosted on the RACGP website;
  • provide all other support or access to official RACGP distribution channels as unanimously requested by Candidates and approved by the RACGP Board; and
  • providing such support is provided equally and fairly to each Executive Candidate.

Candidate statements and photographs must be presented in the same order as on the Ballots.

3.1 Communications

Candidates must make the text and format of any election advertising, publicity or campaign material available to the Returning Officer, ideally before, but in any event promptly after, any such material is printed, published, distributed, emailed or broadcast.

Candidate statements may only be published if the Candidate reasonably believes the information is accurate, is unlikely to mislead or deceive, and is not defamatory.

Any broadcast, printed, website or electronic materials (including email or materials provided on social media platforms) must be identifiable as election related advertising, publicity or campaign commentary, including where practicable, a heading identifying such materials as an ’ADVERTISEMENT‘, in English with a font size of at least 11.

3.2 Communications Blackout Period

No candidate is to disseminate any campaign material to any Eligible Voter from the period of 24 Hours before commencement of the voting period to the conclusion of the voting period.

3.3 Candidate Questions

Candidates may ask the Returning Officer or General Counsel of the RACGP questions regarding the administration or interpretation of this policy at any time until the commencement of the communications blackout period. The RACGP must publish any question and the response to it on the RACGP website within 24 hours of the response being given.

3.4 Campaign expenditure

Candidates, supporters of Candidates, and members must not use or be provided with direct or indirect access to any RACGP or Faculty funds or other resources for Campaigning, election publicity or other campaign purposes.
 

Appendix 5

Disciplinary Action Procedure

 

1. Complaints

Any member may lodge a complaint about an alleged breach of this policy under this Procedure. A complaint must be lodged:

  • at any time during the Election Period; or
  • within 72 hours of the declaration of the results of an election.

A complaint can only be lodged regarding a breach of the following clauses of this Policy:

  • Appendix 4, clauses 2.1 (d), (f), (g), (h), (i);
  • Appendix 4, clause 2 relating to unprofessional behaviour;
  • Appendix 4, clause 2.3;
  • Appendix 4, clause 3.2; and
  • Appendix 4, clause 3.4.

Alleged breaches of this Policy must be directed at first instance to the Returning Officer.

A complaint about an alleged breach must specify:

  • The name of the person making the complaint;
  • The name of the person against whom the complaint is made;
  • The specific clause alleged to have been breached: and
  • The conduct the subject of the complaint, including the date and time the conduct took place.

The Returning Officer must promptly investigate any allegations which are prima facie substantiated, to determine the allegation’s merit.

The Returning Officer must decline the complaint if the complaint does not allege a breach of any the provisions of Appendix 4 listed above. The Returning Officer must advise the complainant of any other appropriate means for investigating the allegations.

If the Returning Officer determines a Candidate other than the Chair of the RACGP Board has breached any rules, procedures or regulations governing the relevant election, he or she must, after consulting with General Counsel, send a summary report and recommendation (which may involve any sanction under clause 27 of the Constitution) to the Chair of the RACGP Board.

If the substantiated breach relates to the Chair of the RACGP Board then the Returning Officer must, after consulting with General Counsel, send the summary report to the Chair of the Finance, Audit and Risk Management Committee.

The RACGP Board must review the summary report and confirm the automatic sanction and determine if any further appropriate sanction should be imposed.

The burden of satisfying the RACGP Board of the Candidate’s compliance rests with the Candidate.

2. Disciplinary Action

Candidates who violate election rules undermine the integrity of and trust in the RACGP’s election process.

In general, the RACGP Board should evaluate breaches of election rules against the key criterion of whether the breach has the capacity to provide an unfair advantage to the Candidate the subject of the complaint, irrespective of whether it did or not. The Board must consider all the evidence when deciding whether a breach has occurred.

A Candidate found to have breached the election rules is subject to mandatory sanctions and may be subject to disciplinary action. Such action should be determined in accordance with clause 2.3 of this Appendix.

Disciplinary action is deemed to have effect as of the RACGP Board’s determination. Any further activity required to implement a sanction must be performed as soon as practical.

Notice of the disciplinary action must be provided to the Candidate the subject of the complaint as soon as practical, and in any event no later than 2 business days of the RACGP Board’s determination.

A summary notice of the outcome of the RACGP Board’s determination must be provided to the aggrieved person as soon as practical, and in any event no later than 5 business days of the RACGP Board’s determination.

2.1 Appeals

There are no appeal rights from the RACGP Board’s determination made under this Procedure unless otherwise provided under the Constitution.

2.2 Automatic Sanctions

A Candidate found to have breached the election rules is subject to:

  • where election results have yet to be declared, disqualification from the election and removal as a Candidate;
  • where election results have been declared, the election of the Candidate is voided and the Candidate placed immediately behind according to the vote is declared elected.

2.3 Discretionary Sanctions

The Board may, in addition to the mandatory sanctions, impose any other sanction including:

  • requiring the Candidate to apologise to the complainant;
  • an official warning;
  • requiring a public apology to all other Candidates;
  • disciplinary action under the Members Code of Conduct; and/or
  • disciplinary action under clause 27 of the RACGP Constitution

The RACGP Board may also determine any other sanction it deems reasonably appropriate.