diff --git a/constitution-mainchangeshilighted.pdf b/constitution-mainchangeshilighted.pdf deleted file mode 100644 index 1ab53610b17673737e336b59b17c6142e312467e..0000000000000000000000000000000000000000 Binary files a/constitution-mainchangeshilighted.pdf and /dev/null differ diff --git a/constitution-old.pdf b/constitution-old.pdf deleted file mode 100644 index f5af9ead576e2875f830aaaf7f5064590d0b35b2..0000000000000000000000000000000000000000 Binary files a/constitution-old.pdf and /dev/null differ diff --git a/constitution.pdf b/constitution.pdf index acbe35dd744ad968fa5af05fcf81421f7483f6b3..976eb5f75fd2378e02807947c826e7b8e6362cee 100644 Binary files a/constitution.pdf and b/constitution.pdf differ diff --git a/constitution.tex b/constitution.tex index 0b231896e97a3fae203584a654df5c28b83c2411..77719d8cb07544f159a862946efd13ee500a5e7f 100644 --- a/constitution.tex +++ b/constitution.tex @@ -110,7 +110,7 @@ \noindent \small{(Adopted on 21-Sep-1974)\\ -(Amended on 4-Jun-1980, 16-Feb-1996, 23-Jan-1998, 6-Oct-1999, 16-Dec-2010, 8-Mar-2011 for incorporation, 13-February-2015)\\} +(Amended on 4-Jun-1980, 16-Feb-1996, 23-Jan-1998, 6-Oct-1999, 16-Dec-2010, 8-Mar-2011 for incorporation, 13-Feb-2015, 21-Oct-2016, 14-Sep-2017, 18-Dec-2017)\\} %\tableofcontents \begingroup @@ -143,6 +143,10 @@ Throughout this Constitution, unless the context otherwise indicates, the follow The Commissioner for Consumer Protection exercising powers under the Act \item[University] \hfill \\ The University of Western Australia + \item[the Guild Council] \hfill \\ + The University of Western Australia Student Guild Council + \item[the Chair of the Guild Council] \hfill \\ + The Chair of the University of Western Australia Student Guild Council \end{description} \section{Objects} @@ -157,8 +161,7 @@ The objects of the Club shall be as follows: The Executive of the Club shall consist of the following members: \begin{enumerate} \item The President - \item The Education Vice-President - \item The Social Vice-President + \item The Vice-President \item The Secretary \item The Treasurer \end{enumerate} @@ -168,13 +171,10 @@ The Club shall be governed by the Committee.\\ The Committee of the Club shall consist of the following members: \begin{enumerate} \item The President - \item The Education Vice-President - \item The Social Vice-President + \item The Vice-President \item The Secretary \item The Treasurer - \item The Education Officer - \item The Social Officer - \item Two Ordinary Committee Members + \item Three Ordinary Committee Members \item The First Year Representative \end{enumerate} @@ -196,13 +196,10 @@ The Club at the General Meeting may elect a Patron and Vice Patron who if they i \item The following members of the Committee shall be elected at the Annual General Meeting: \begin{enumerate}[1.] \item The President - \item The Education Vice-President - \item The Social Vice-President + \item The Vice-President \item The Secretary \item The Treasurer - \item The Education Officer - \item The Social Officer - \item Two Ordinary Committee Members + \item Three Ordinary Committee Members \item The First Year Representative \end{enumerate} \item The Secretary shall call for nominations for the above positions at least ten days before the date of the Annual General Meeting. The nominations shall close at that meeting. @@ -213,9 +210,7 @@ The Club at the General Meeting may elect a Patron and Vice Patron who if they i \item Only students at The University of Western Australia who are financial members of the Student Guild of The University of Western Australia may hold positions on the Executive. \item The First Year Representative must be a student at The University of Western Australia in first year for the first time and an ordinary member of the Club. \item Any members of the Club may hold a position of Ordinary Committee Member. - \item Any member of the Club may hold the position of Education Officer. - \item Any member of the Club may hold the position of Social Officer. - \item Any members of the Club may vote for the positions of Committee members. + \item Any financial members of the Club may vote for the positions of Committee members. \end{enumerate} \section{Duration of Office} @@ -265,7 +260,7 @@ The Secretary shall cause all members of the Committee to receive written or ema \end{enumerate} \subsection{Quorum} -The quorum for a meeting of the Committee shall be five members of the Committee at least three of which are members of the Executive. +The quorum for a meeting of the Committee shall be four members of the Committee at least two of which are members of the Executive. \subsection{Declaration of Pecuniary Interest} A Committee member having any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in the contemplation of, the Committee (except if that pecuniary interest exists only by virtue of the fact that the member of the Committee is a member of a class of persons for whose benefit the Club is established), must: @@ -288,87 +283,61 @@ Any member of the Committee may demand at any meeting of the Committee that the \subsection{President} In addition to any other provisions set out elsewhere in this Constitution, or any regulation or policy made thereunder, it shall be the duty of the President to: \begin{enumerate} - \item conduct the relations of the Club with other organisations and to the general public subject to the authority of the Committee - \item co-ordinate and supervise the work of the Education Vice-President, Social Vice-President, Secretary, Treasurer, and other officers of the Club subject to the authority of the Committee - \item generally carry out the policy of the Club - \item generally carry out the instructions and decisions of the Committee + \item conduct the relations of the Club with other organisations and to the general public subject to the authority of the Committee; + \item co-ordinate and supervise the work of the Vice-President, Secretary, Treasurer, and other officers of the Club subject to the authority of the Committee; + \item generally carry out the policy of the Club; and + \item generally carry out the instructions and decisions of the Committee. \end{enumerate} -\subsection{Education Vice-President} -In addition to any other provisions set out elsewhere in this Constitution, or any regulation or policy made thereunder, it shall be the duty of the Education Vice-President to: +\subsection{Vice-President} +In addition to any other provisions set out elsewhere in this Constitution, or any regulation or policy made thereunder, it shall be the duty of the Vice-President to: \begin{enumerate} - \item assist in the President's duties - \item conduct the relations of the Club with other organisations and to the general public subject to the authority of the Committee when they pertain to education - \item oversee and encourage the running of educational events by the club - \item generally carry out the instructions of the Committee -\end{enumerate} - -\subsection{Social Vice-President} -In addition to any other provisions set out elsewhere in this Constitution, or any regulation or policy made thereunder, it shall be the duty of the Social Vice-President to: -\begin{enumerate} - \item assist in the President's duties - \item conduct the relations of the Club with other organisations and to the general public subject to the authority of the Committee when they pertain to social matters - \item oversee and encourage the running of social events by the club - \item generally carry out the instructions of the Committee + \item assist in the President's duties; + \item carry out Presidential duties during the absence of the President, during which time the Vice-President shall be deemed to be the President; and + \item generally carry out the instructions of the Committee. \end{enumerate} \subsection{Secretary} In addition to any other provisions set out elsewhere in this Constitution, or any regulation or policy made thereunder, it shall be the duty of the Secretary to: \begin{enumerate} - \item maintain an up to date register of the members of the Club and the information required by the Act and, upon the request of a member of the Club, make the register available for the inspection of the member + \item maintain an up to date register of the members of the Club and the information required by the Act and, upon the request of a member of the Club, make the register available for the inspection of the member; \begin{enumerate}[1.] \item A member may make a copy of or take an extract from the register but shall have no right to remove the register for that purpose. \end{enumerate} - \item carry out the administrative work of the Club for which the Committee does not appoint or elect an officer - \item record the proceedings of all General Meetings and meetings of the Committee and make these minutes available in an easily accessible portion of the Club online presence - \item conduct and keep copies of all correspondence to the Club - \item generally carry out the instructions and decisions of the Committee relating to the administration of the Club - \item ensure that an accurate copy of the Club constitution is maintained in an easily accessible portion of the Club online presence - \item unless the members resolve otherwise at a general meeting, have custody of all books, documents, records and registers of the Club, other than those required to be kept and maintained by, or in the custody of, the Treasurer + \item carry out the administrative work of the Club for which the Committee does not appoint or elect an officer; + \item record the proceedings of all General Meetings and meetings of the Committee and make these minutes available in an easily accessible portion of the Club online presence; + \item conduct and keep copies of all correspondence to the Club; + \item generally carry out the instructions and decisions of the Committee relating to the administration of the Club; + \item ensure that an accurate copy of the Club constitution is maintained in an easily accessible portion of the Club online presence; and + \item unless the members resolve otherwise at a general meeting, have custody of all books, documents, records and registers of the Club, other than those required to be kept and maintained by, or in the custody of, the Treasurer. \end{enumerate} \subsection{Treasurer} In addition to any other provisions set out elsewhere in this Constitution, or any regulation or policy made thereunder, it shall be the duty of the Treasurer to: \begin{enumerate} - \item be responsible for the receipt of all moneys paid to or received by, or by him or her on behalf of, the Club and issue receipts for those moneys in the name of the Club - \item keep accounting records as correctly record and explain the financial transactions and financial position of the Club, in such a manner that permits convenient and proper auditing - \item render an account at each meeting of the Committee of all receipts and payments since the previous meeting - \item render an account of the petty cash at each meeting of the Committee - \item furnish the Committee with such other accounts and information relating to the finances of the Club as the Committee may require - \item present a current financial statement showing all receipts and payments at each Ordinary General Meeting and by motion of Committee, an auditor's report at the Annual General Meeting - \item unless the members resolve otherwise at a general meeting, have custody of all securities, books and documents of a financial nature and accounting records of the Club - \item generally carry out the instructions of the Committee relating to the property and finances of the Club -\end{enumerate} - -\subsection{Education Officer} -In addition to any other provisions set out elsewhere in this Constitution, or any regulation or policy made thereunder, it shall be the duty of the Education Officer to: -\begin{enumerate} - \item assist in the Education Vice-President's duties - \item facilitate the running of educational events - \item generally carry out the instructions of the Committee -\end{enumerate} - -\subsection{Social Officer} -In addition to any other provisions set out elsewhere in this Constitution, or any regulation or policy made thereunder, it shall be the duty of the Social Officer to: -\begin{enumerate} - \item assist in the Social Vice-President's duties - \item facilitate the running of social events - \item generally carry out the instructions of the Committee + \item be responsible for the receipt of all moneys paid to or received by, or by him or her on behalf of, the Club and issue receipts for those moneys in the name of the Club; + \item keep accounting records as correctly record and explain the financial transactions and financial position of the Club, in such a manner that permits convenient and proper auditing; + \item render an account at each meeting of the Committee of all receipts and payments since the previous meeting; + \item render an account of the petty cash at each meeting of the Committee; + \item furnish the Committee with such other accounts and information relating to the finances of the Club as the Committee may require; + \item present a current financial statement showing all receipts and payments at each Ordinary General Meeting and by motion of Committee, an auditor's report at the Annual General Meeting; + \item unless the members resolve otherwise at a general meeting, have custody of all securities, books and documents of a financial nature and accounting records of the Club; and + \item generally carry out the instructions of the Committee relating to the property and finances of the Club. \end{enumerate} \subsection{Ordinary Committee Members} In addition to any other provisions set out in this Constitution, or in any regulation or policy made thereunder, it shall be the duty of the Ordinary Committee Members to: \begin{enumerate} - \item assist the other Committee Members in the executions of their duties - \item bear any responsibilities that the Committee shall from time to time decide + \item assist the other Committee Members in the executions of their duties; and + \item bear any responsibilities that the Committee shall from time to time decide. \end{enumerate} \subsection{First Year Representative} In addition to any other provisions set out in this Constitution, or in any regulation or policy made thereunder, it shall be the duty of the First Year Representative to: \begin{enumerate} - \item represent the interests of members of the Club who are in first year University or who have not previously been members of the Club - \item assist the other Committee Members in the executions of their duties, especially in the case were they relate to new members - \item bear any responsibilities that the Committee shall from time to time decide + \item represent the interests of members of the Club who are in first year University or who have not previously been members of the Club; + \item assist the other Committee Members in the executions of their duties, especially in the case were they relate to new members; and + \item bear any responsibilities that the Committee shall from time to time decide. \end{enumerate} \section{Vacancies} @@ -386,11 +355,11 @@ There shall be at least one General Meeting in each year, namely the Annual Gene \subsection{Notice of Meeting} The Secretary shall make all reasonable attempts to notify all members using at least a notice on the club notice-board for ten days preceding the meeting and an email sent to all addresses on the membership register at least ten days before the date of the meeting. \subsection{Special General Meeting} -The Committee may at any time, without the need for a Committee meeting, call a Special General Meeting of the Club by the written agreement of at least five Committee members, at least two of whom is a member of the Executive. This meeting must be notified by the Secretary as with all other General Meetings, or if the Secretary has resigned or is unavailable by any member of the Committee with the same notice requirements of the Secretary.\\ +The Committee may at any time, without the need for a Committee meeting, call a Special General Meeting of the Club by the written agreement of at least four Committee members, at least one of whom is a member of the Executive. This meeting must be notified by the Secretary as with all other General Meetings, or if the Secretary has resigned or is unavailable by any member of the Committee with the same notice requirements of the Secretary.\\ \subsection{General Meeting Called by Ordinary Members} \begin{enumerate} - \item The Secretary shall forthwith call a Special General Meeting upon receiving a written requisition from at least ten ordinary members of the Club and such meetings shall be held with appropriate notice requirement and not later than 17 days immediately following the receipt of such requisition. + \item The Secretary shall forthwith call a Special General Meeting upon receiving a written requisition from the lower of ten percent of the total membership or ten ordinary members of the Club, and such meetings shall be held with appropriate notice requirement and not later than 17 days immediately following the receipt of such requisition. \item If the Secretary fails to announce a meeting within 7 days any one of the members signing the requisition may do so and must make all reasonable attempts to give the same notice as required of the Secretary. \item Any business set out in the requisition shall have priority over all other business. \end{enumerate} @@ -447,13 +416,65 @@ The Committee shall have the power, after its re-constitution, to appoint from a \item A person who has had their membership cancelled may not reapply for membership for the period of one year. \end{enumerate} +\section{Dispute Resolution} +\begin{enumerate} + \item The parties to a dispute must attempt to resolve the dispute between themselves within 14 days after the dispute has come to the attention of each party. + \item If the parties to a dispute are unable to resolve the dispute between themselves within the time required by sub-rule 1, any party to the dispute may start the dispute resolution by giving written notice to the secretary of- + \begin{enumerate} + \item the parties to the dispute; and + \item the matters that are the subject of the dispute. + \end{enumerate} + \item Within 28 days after the secretary is given the notice, a committee meeting must be convened to consider and determine the dispute. + \item The secretary must give each party to the dispute written notice of the committee meeting at which the dispute is to be considered and determined at least 7 days before the meeting is held. + \item The notice given to each party to the dispute must state- + \begin{enumerate} + \item when and where the committee meeting is to be held; and + \item that the party, or the party's representative, may attend the meeting and will be given a reasonable opportunity to make written and oral submissions to the committee about the dispute. + \end{enumerate} + \item If the dispute is between one or more members and the Club, the Committee must not determine the dispute. + \item At the committee meeting at which a dispute is to be considered and determined, the Committee must- + \begin{enumerate} + \item give each party to the dispute, or the party's representative, a reasonable opportunity to make written and oral submissions to the committee about the dispute; and + \item give due consideration to any submissions made; and + \item determine the dispute. + \end{enumerate} + \item The Committee must give each party to the dispute written notice of the Committee's determination, and the reasons for the determination, within 7 days after the committee meeting at which the determination is made. +\end{enumerate} + +\section{Mediation} +\begin{enumerate} + \item If the dispute is between one or more members and the Club, the Chair of Guild Council shall mediate the dispute, henceforth known as the mediator. + \item In the event that the Chair of Guild Council is unable to perform the role of the mediator, a mediator shall be elected by the Guild Council from its constituent members. + \item The mediator may be a member or former member of the Club but must not- + \begin{enumerate} + \item have a personal interest in the matter that is the subject o the mediation; or + \item be biased in favour of or against any party to the mediation. + \end{enumerate} + \item The parties to the mediation must attempt in good faith to settle the matter that is the subject of the mediation. + \item Each party to the mediation must give the mediator a written statement of the issues that need to be considered at the mediation at least 5 days before the mediation takes place. + \item In conducting the mediation, the mediator must- + \begin{enumerate} + \item give each party to the mediation every opportunity to be heard; and + \item allow each party to the mediation to give due consideration to any written statement given by another party; and + \item ensure that natural justice is given to the parties to the mediation throughout the mediation process. + \end{enumerate} + \item The mediator must give each party to the dispute written notice of the mediator's determination and the reasons for the determination within 7 days after the mediation at which the determination is made. + \item The mediator cannot settle disputes other than the matter brought to them. + \item If the mediator releases information about the dispute, it must only be released in good faith. +\end{enumerate} + \section{Finance} \begin{enumerate} \item All money due and payable to the Club shall be received by the Treasurer who shall lodge it without undue delay in the account of the Club. \item Except as otherwise provided for in the Constitution, or in a policy, any two of the Executive shall be empowered jointly to sign cheques and forms of authority for the withdrawal of any money standing in the credit of the Club in the account of the Club. \item The Committee may by a two-thirds majority elect a single delegate from the Committee who may sign in lieu of one of the required Executive signatures on a cheque. \item No payment shall be made on behalf of or in the name of the Club unless it has been authorised by the Committee. - \item The Committee may, outside a Committee meeting, agree to a payment or purchase by written consent of six Committee members including at least three Executive members of the Committee. Such written consent must be tabled and minuted at the next meeting of the Committee. + \item The Committee may, outside a Committee meeting, agree to a payment or purchase by written consent of five Committee members including at least two Executive members of the Committee. Such written consent must be tabled and minuted at the next meeting of the Committee. + \item A payment to a member out of the funds of the Club is authorised subject to subrule 4 if it is - + \begin{enumerate} [1.] + \item the payment in good faith to the member as reasonable renumeration for any services provided to the Club, or for goods supplied to the Club, in the ordinary course of business; or + \item the reimbursement of reasonable expenses properly incurred by the member on behalf of the Club. + \end{enumerate} \end{enumerate} \section{Policy} diff --git a/notes.txt b/notes.txt deleted file mode 100644 index 401332ed2aae0d972afe2840f3a07deea29c1cdb..0000000000000000000000000000000000000000 --- a/notes.txt +++ /dev/null @@ -1,13 +0,0 @@ -Powers of the Club - borrow money, long term liabilities - Is dispense a liability? - Policy irt dispense and what it is - -Proceedings of Committee - Special meetings - More people to call one? - -Up Quorum to 6? - -Ed VP and Soc VP Roles - -Ed/Soc Officers