| Constitution of the Audiological
Society of Australia Inc
Audiological Society of Australia Inc.
ABN No. 11 064 552 781
Incorporated in Victoria no A0029011Y
Constitution
(Incorporating amendments passed by the Membership up to
and including 16th November 2006). |
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| Part A Statement of
Purposes
Part B Rules
Preliminary
Membership
HONORARY FELLOWS
FELLOWS
FULL MEMBERS
AFFILIATE MEMBERS
STUDENT MEMBERS
EMERITUS MEMBERS
Election of Members
Clinical Certification
Subscription Fees etc.
Termination of Membership
Affiliation with other bodies
general meetings
Proceedings at general meetings
Council and Officers
Powers and duties of the council
Proceedings of the council
Secretary and Assistant Secretary
Seal
Funds
Accounts
Audit
Winding up or cancellation of Incorporation
Notices
Indemnity
Privacy
Amendments
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Part A Statement of Purposes
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- The name of the Association is THE AUDIOLOGICAL
SOCIETY OF AUSTRALIA INCORPORATED (hereinafter called the Society)
- The objects for which the Society is established are:
- To pursue and promote the knowledge and practice of audiology and
related areas of science and knowledge.
- To conduct and promote research and enquiries into audiology and
related areas of science and knowledge and grant scholarships for
those purposes.
- To hold and conduct conferences, meetings, lectures, discussions
and experiments relevant to the science, knowledge and practice of
audiology and related areas of science and knowledge and further to
promote and advance the science and practice of audiology by holding
exhibitions and functions of a professional or social nature for members
of the society for the benefit of non-members or the public at large.
- In furtherance of the objects of the Society to arrange and organize
or join in arranging and organizing national and international conferences,
meetings, exhibitions and other functions and to establish contacts
and exchange of knowledge and thought in the disciplines with any
persons and organisations, subject always to the proviso in paragraph
(o) of this clause 2.
- To disseminate and promote the dissemination of the science and
knowledge of audiology and related areas of science and knowledge.
- To print, publish, distribute, lend, issue either for reward or
otherwise and sell books newspapers, periodicals, magazines, journals,
treatises, leaflets, pamphlets and other papers, publications, communications
and information made to or by the Society relating to audiology or
related areas of science and knowledge, either in the English language
or in any foreign language and for this purpose to cause translations
to be made from any foreign language into the English language, or
from the English language into any foreign language.
- To establish and promote standards of professional education training
and knowledge qualifications, conduct and ethics of the profession
of audiology and for these purposes to hold lectures, discussions
and educational functions, conduct examinations and issue diplomas
and certificates, and grant other privileges, if any, to persons qualified
to practise as audiologists or teachers of audiology, provided that
every diploma and certificate on the face of it shall show that it
is merely a certificate granted on an examination by the Society or
upon other qualifications prescribed by the Rules for the time being
in force and that it does not take effect under any statutory or public
power.
- To keep a register of members, their qualifications, achievements,
appointments and their general and specific professional experiences
if appropriate.
- To prescribe and collect subscriptions and to ask for, invite, collect
and receive donations for the funds of the Society by any lawful means.
- To promote proper professional standards of practice, suppress malpractice
by and amongst audiologists, to settle and decide all matters and
disputes, questions of practice, or professional usage, etiquette
and courtesy which may be referred to the Society.
- To act as trustee of any trusts established solely or principally
for purposes similar or related to the objects of the Society subject
always to the proviso in paragraph (p) of this clause 2.
- Subject to the provisions of clause 3 of this Statement of Purposes
to apply the funds of the Society as the Society may think proper
in advancing the purposes and objects of the Society and to make grants
and loans of money with or without interest out of the funds of the
Society in furtherance of any of the Society’s purposes and
objects.
- To consider, initiate and promote improvements in and amendments
to the law concerning or affecting audiology and allied matters and
to oppose or support any law relating to audiology and allied matters
in the Commonwealth of Australia or any of the Australian states or
territories, and to do all things appropriate or expedient to achieve
such purposes.
- To consider, advise and make recommendations on any subject matter
connected with the teaching of audiology in general or the appointment
of audiologists to public or private institutions, positions or services.
Generally to consider and advise on any question of professional policy
referred to the Society for its consideration and advice howsoever.
- To subscribe to, become a member of and co-operate with any other
society, association or organisation, whether incorporated or not
whose objects are altogether or in part similar to those of the Society
provided that the Society shall not subscribe to or support with its
funds any society, association or organisation which does not prohibit
the distribution of its income and property among its members to an
extent at least as great as that imposed on the Society under or by
virtue of clause 3 of this Statement of Purposes.
- To purchase, take on lease or in exchange, hire or otherwise acquire
any lands, buildings, easements or property, real and personal, and
any rights or privileges which may be requisite for the purposes of
or capable of being conveniently used in connection with any of the
objects of the Society, provided that in case the Society shall take
or hold any property which may be subject to any trusts, the Society
shall only deal with the same in such manner as is allowed by law
having regard to such trusts.
- To enter into any arrangement with any Government or authority supreme,
municipal, local or otherwise that may seem conducive to the Society’s
objects or any of them and to obtain from any such Government or authority
any rights, privileges and concessions which the Society may think
desirable to obtain, and to carry out, exercise and comply with any
such arrangements, rights, privileges and concessions.
- To appoint, employ, remove or suspend such managers. clerks secretaries,
servants, workmen and other persons as may be necessary or convenient
for the purposes of the Society.
- To establish and support or aid in the establishment and support
of associations, institutions. funds, trusts and conveniences calculated
to benefit employees or past employees of the Society or the dependants
or connections of any such persons, and to grant pensions and allowances
and to make payments towards insurance and to subscribe or guarantee
money for charitable of benevolent objects, or for any public, general
or useful objects.
- To construct, improve, maintain, develop, work, manage, carry out,
alter or control any houses, buildings. grounds, works or conveniences
which may seem calculated directly or indirectly to advance the Society’s
interests and contribute subsidise or otherwise assist and take part
in the construction, improvement, maintenance, development, working,
management, carrying out, alteration or control thereof.
- To borrow, raise or secure the payment in such manner as the Society
may think fit and to secure the same or the repayment of any debt,
liability, contract guarantee or other engagement incurred or to be
entered into by the Society in any way in particular, by the issue
of debentures perpetual or otherwise charged on all or any part of
the Society’s property and to purchase, redeem or pay off any
such securities.
- To make, draw, accept, endorse, discount, execute and issue promissory
notes bills of exchange, bills of lading and other negotiable or transferable
instruments.
- In furtherance of the objects of the Society to sell, improve, manage,
develop, exchange, lease, dispose of, turn to account or otherwise
deal with all or any part of the property and rights of the Society.
- To take or hold mortgages, liens and charges to secure payment of
the purchase price or any unpaid balance of the purchase price of
any part of the Society’s property of whatsoever kind sold by
the Society or any money due to the Society from purchasers and others.
- To take any gift of property whether subject to any special trust
or not for any one or more of the objects of the Society but subject
always to the proviso in paragraph (p) of this clause 2
- To print and publish any newspapers, periodicals, books or leaflets
that the Society may think desirable for the promotion of its objects.
- In furtherance of the objects of the Society to amalgamate with
any companies, institutions, societies or associations having objects
altogether or in part similar to those of the Society and which shall
prohibit the distribution of its or their income and property among
its or their members to an extent at least as great as that imposed
upon the Society. under or virtue of clause 3 of this Statement of
Purposes.
- In furtherance of the objects of the Society to purchase or otherwise
acquire or undertake all or any part of the property, assets, liabilities
and engagements of any one or more of the companies, institutions,
societies or associations with which the Society is authorised to
amalgamate.
- In furtherance of the objects of the Society to transfer all or
any part of the property, assets, liabilities and engagements of the
Society to any one or more of the companies, institutions, societies
or associations with which the Society is authorised to amalgamate.
- To make donations for patriotic or charitable purposes.
- To transact any lawful business in aid of the Commonwealth of Australia
in the prosecution of any war in which the Commonwealth of Australia
is engaged.
- To do all such other things as are incidental or conducive to the
attainment of the objects and the exercise of the powers of the Society,
provided that the Society shall not support with its funds any object
or endeavour to impose on or procure to be observed by its members
or others any regulations, restrictions or conditions which if an
object of the Society would make it a Trade Union, nor shall it apply
for or procure itself to be registered as a Trade Union under the
provisions of any law relating to Trade Unions.
- The income and property of the Society whencesoever derived shall
be applied solely towards the promotion of the objects of the Society
as set forth in this Statement of Purposes; and no portion thereof shall
be paid or directly or indirectly by way of dividend, bonus or otherwise
howsoever by way of profit to the members of the Society. Provided that
nothing herein contained shall prevent the gratuitous distribution among,
or a sale at less than cost to, subscribing members of any books pamphlets
or other publications whether published by the Society or otherwise
relating to all or any of its objects or prevent the payment in good
faith of reasonable or proper remuneration to any officer or servant
of the Society, or any member of the Society in return for any services
actually rendered to the Society, nor prevent the payment of interest
at a rate not exceeding interest at the rate for the time being charged
by bankers in Sydney for overdrawn accounts on money lent or reasonable
or proper rent for premises demised or let by any member to the Society,
but so that no member of the Council of Management or governing body
of the Society shall be appointed to any salaried office of the Society
or any office of the Society paid by fees and that, subject to Rule
59, no remuneration or other benefit in money or money’s worth
shall be given by the Society to any member of such Council or governing
body except repayment of out-of-pocket expenses and interest at the
rate aforesaid on money lent or reasonable and proper rent for premises
demised or let to the Society. Provided that the provision last aforesaid
shall not apply to any payment to any company of which a member of the
Council of Management or governing body may be a member and in which
such member shall not hold more than 1/100 part of the capital and such
member shall not be bound to account for any share of profits he may
receive in respect of such payment.
- No addition, alteration or amendment shall be made to or in the Statement
of Purposes or Rules for the time being in force except in accordance
with the Associations Incorporation Act 1981.
- The liability of the members is limited.
- 6. Every member of the Society undertakes to contribute to the assets
of the Society in the event of the same being wound up while he is a
member or within one year after he ceases to be a member for payment
of the debts and liabilities of the Society contracted before he ceases
to be a member and of the costs, charges and expenses of winding up
and for the adjustment of the rights of the contributories among themselves.
such amount as may be required not exceeding $20.00.
- True accounts shall be kept of the sums of money received and expended
by the Society and the matters in respect of which such receipt and
expenditure takes place and of the property credits and liabilities
of the Society, and subject to any reasonable restriction as to the
time and manner of inspecting the same that may be imposed in accordance
with the regulations of the Society for the time being in force, shall
be open to the inspection of the members.
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Part B RULES
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PRELIMINARY
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- In this constitution -
“Act” means the Associations Incorporation
Act I981;
“By-laws” means the by-laws of the
Society for the time being in force;
“Commonwealth” means the Commonwealth
of Australia and its territories;
“Council” means means members for the
time being of the Council hereby constituted;
“office bearers” means members for
f the Council;
“officials” means the secretaries,
clerks and servants of the Society salaried or paid;
“Rules” means the rules of the Society
as set out in Part B of this constitution, as amended or replaced
from time to time in accordance with the Act;
“seal” means the common seal of the
Society;
“Secretary” means the chief executive
officer of the Society or any person appointed to perform the duties
of a Secretary of the Society and includes an honorary Secretary;
“Society” means the Audiological Society
of Australia Inc.;
“State” means a State or Territory
of the Commonwealth;
“Statement of Purposes” means the statement
of purposes set out in Part A of this constitution, as amended or
replaced in acordance with the Rules and the Act; and
Expressions referring to writing shall, unless the contrary intention
appears be construed as including references to printing, lithography,
photography and other modes of representing or reproducing words
in a visible form.
- The Society is established for the purposes set out in the Statement
of Purposes.
- Amendments or additions to the Statement of Purposes and Rules shall
only be made by Special Resolution at a general meeting of the Society.
The Statement of Purposes and the Rules shall not be altered except
in accordance with the Act.
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MEMBERSHIP
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- The Secretary shall keep and maintain a register of members in which
shall be entered the full name and date of entry of the name of each
member, and the register shall be available in the Society's office
for inspection by members upon request, provided that:
- such request shall be made in writing; and
- shall specify the reasons for the request and the purpose for
which the information shall be used.
- The members of the Society shall be elected from:
- HONORARY FELLOWS
- Persons of scientific distinction who have in the opinion of the
Council contributed to the advancement of audiology and have been
elected to the Society as hereinafter provided. The total number of
honorary fellows at any one time shall not exceed 4.
- FELLOWS - Persons
who are members or shall satisfy the Council that they possess the
requirements for membership and in either case shall have satisfied
the Council:
- that they have been engaged in audiological work or study for
a period of 7 years full-time subsequent to attainment of membership
qualifications; and
- that in the opinion of the Council they possess an advanced knowledge
of audiology in at least one of its fields; and the Council may
determine the procedure of assessing such knowledge of an applicant
from time to time; and
- that they have made a substantial and original contribution to
the advancement of audiological knowledge or practice, in Australia,
either by their own researches or by organising and developing the
work of others, and who are transferred or elected as hereinafter
provided.
- FULL MEMBERS -
Persons who shall satisfy the Council that they possess qualifications
and experience in accordance with one of the following sets of requirements,
a b or c:
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- if graduated prior to May 1999, is a university graduate who
has completed a graduate diploma in audiology approved by the
Council, or
- if graduated in May 1999 or thereafter, is a university graduate
who has completed a masters degree in audiology approved by
the Council, and
- if qualifications were obtained from a tertiary education
institution outside Australia, has satisfactorily completed
an examination of theoretical knowledge of the field of audiology
and a test of English as a second language, where necessary;
and
- shall, if employed as a professional audiologist in clinical
practice, be in possession of the Society's Certificate of Clinical
Practice (CCP) or be accepted into the Society's Graduate Clinical
Internship program and be in the process of attainment of the
CCP.
- is a person whose qualifications and experience are otherwise
deemed by the Council to be equivalent to the qualifications and
experience referred to in subparagraph (a). The onus of proof that
such other academic qualification is equivalent to such graduate
courses shall be upon the applicant.
- For the purpose of this Rule, a masters degree in audiology means
a succession of at least 4 semesters in a post-graduate audiology
course at a university approved by the Council. A ‘graduate
diploma’ means a Diploma in Audiology with an emphasis upon
preparation for clinical practice in audiology.
- for the purposes of interpretation of Rule 5(3)(iii), at the
discretion of Council, the requirement to complete an examination
of theoretical knowledge of the field of audiology shall be waived
in the case of an applicant whose qualifications in audiology were
obtained from a tertiary education institution outside Australia,
and who currently holds the equivalent of full member status in
a non-Australian professional audiology association approved for
this purpose by the Council.
- AFFILIATE MEMBERS
- Persons who do not qualify for full membership but who satisfy the
Council that they have tertiary qualifications in audiology or a closely
related field. For the purposes of clarity, a person who is an Affiliate
Member:
- is not eligible to apply for transfer from the grade of Affiliate
Member to the grade of Full Member;
- is not eligible to apply for entry into the ASA Graduate Clinical
Internship Programme;
- is not eligible to hold the ASA Certificate of Clinical Practice;
and
- would not, in the view of the Society, be suitabily qualified
to be engaged in the clinical practice of audiology.
- STUDENT MEMBERS
- Persons who have enrolled in a course at an Australian tertiary
institution which in the opinion of the Council leads to a recognised
degree or qualification in audiology and who intend after attainment
of their requisite qualifications or degree to commence professional
work experience as an audiologist. For the purpose of clarity, a Student
Member, in the view of the Society, would be expected to undertake
the provision of a limited range of clinical audiology under appropriate
supervision and within the framework of their Australian university
audilogy programme.
- EMERITUS MEMBERS
- Persons who have been full members of the Society for 5 years immediately
prior to retirement and who have now retired from professional practice
and derive no income from the practice of audiology. Emeritus members,
affiliate members and student members shall not be entitled to vote
at general meetings nor be eligible to stand for election as office
bearers nor otherwise participate in the management of the Society's
affairs.
5A. Unless otherwise stated in the notice of meeting, a member of any
class of membership may attend a general meeting of members. No member
other than a full member or fellow member may vote at general meetings,
be eligible to stand for election as office bearer or otherwise participate
in the management of the Society's affairs.
- The Council shall not circularise the particulars of any applicant
for any class of membership to the Society in accordance with Rule 11
unless the Council shall be fully satisfied as to the qualifications
and experience of any such applicant for membership of any class of
member. In the event that the Council is so satisfied, the election
of the applicant is subject to the provisions of Rule 12.
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| ELECTION OF MEMBERS
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- The Council may from time to time nominate any full member or fellow
to become an honorary fellow subject to meeting the requirements of
Rule 5(1) and such nomination of the Council shall be elected by a majority
vote of those members who are present and able to vote at a general
meeting of the Society.
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- Application may be made for the transfer from the grade of full
member to the grade of fellow by:
- the full member concerned applying in writing to the Secretary
stating the grounds on which qualifications for such transfer
is based; or
- any 2 full members or fellows of the Society in respect of
another full member of the Society applying in writing to the
Secretary stating the grounds on which they believe such full
member to be qualified for transfer.
- At the next meeting of the Council after the receipt of any application
for transfer from the grade of full member to the grade of fellow,
such application shall be considered by the Council who shall thereupon
determine upon the acceptance or rejection of the application. In
no case shall the Council be required to give any reason for the
rejection of an application.
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- A person may be proposed for any of the grades of fellow, full
member, affiliate member, emeritus member or student member by not
less than 2 full members or fellows who shall have personal knowledge
of the candidate and knowledge of the candidate’s qualifications
and experience. Such full members or fellows may propose a person
for any of the grades of membership by submitting to the Secretary
in duplicate an application in the form from time to time prescribed
by the Council and containing such particulars as to qualifications,
experience and any other matter which in the opinion of the Council
is relevant from time to time. Overseas residents applying for affiliate
membership may be proposed by 2 hearing professionals of good standing
in their own community who have personal knowledge of the candidate
and his/her qualifications and who are members of a relevant local
professional association but who need not be members of the Society.
- The Secretary shall consider such application and if satisfied
that an application is in the proper form and complete shall refer
the application for the consideration of the Council. If not so
satisfied, shall consult the applicant, proposer and seconder and
any other person thought by the Secretary to be in the possession
of relevent information for the purpose of completing the application
or of acquiring additional information which in the opinion of the
Secretary is relevant for the consideration of the application by
the Council.
- The Secretary shall not less than fourteen (14) days before a meeting
of the Council at which it is proposed to deal with applications for
memberships, circulate to each member of the Council a copy of each
application together with any other information in the possession of
the Secretary which in the opinion of the Secretary is relevant.
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- The Council shall consider each application for membership of
any grade of the Society and shall have regard to:
- the qualifications and experience of the applicant;
- an overseas-trained applicant's performance on the Society's
written examinations and, where indicated, satisfactory completion
of a recommended test of English as a second language
- any other matter which the Council in its discretion may think
fit which shall include without derogating from the generality
of the foregoing the character and reputation of the applicant
and the professional competence of the applicant.
- In the event that the Council determines on the information before
it that an applicant is fit to be a member of the Society, the Council
shall circulate to all members of the Society a list showing the
name, address, proposer and seconder and proposed grade of membership
of each such applicant together with a statement that if no objections
are lodged to the admission of any member within a period of 28
days from the date of the notice, each applicant will be deemed
to be admitted to membership.
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- Any member of the Society may lodge an objection in writing to
the admission of any applicant to any grade of membership with the
Secretary of the Council in the time specified by the Council stating
each ground of objection.
- The Secretary shall refer each objection to the Council forthwith
and the Council shall consider each objection at the next meeting
of the Council.
- The Council or the Membership Committee may seek further information
or explanations from the applicant, proposer, seconder or objector
and may make such other enquiries which in the opinion of the Council
is relevant to the determination of the objection to membership.
The Council may require such further information or explanations
to be given in writing or to be presented orally before a meeting
of the Council.
- The Council shall after it has satisfied itself that all relevant
details have been obtained and after having considered all the information
before it either admit or reject the applicant for membership and
the decision of the Council in such case shall be final. The Council
shall forthwith notify an unsuccessful applicant and shall not be
required to give any reasons for the rejection of such applicant.
- In the event that the Council determines that an applicant shall
be admitted to membership or if no objection is lodged with the
Secretary within the specified period of time, the Council shall
declare each successful applicant to be elected to the grade of
membership for which application was made and the Secretary shall
inform successful candidates of their election and require the new
members to pay the subscription and other fees due and furnish each
of them with a copy of the Statement of Purposes and Rules, and
By-Laws, if any.
- Each decision of the Council under Rules 11 and 12 shall be by majority
vote of the Council. A member of the Council shall be entitled to lodge
an objection to any application for membership whether or not such objection
was raised by such member of the Council at the meeting of the Council
at which it was proposed to circulate the details of such application
to members of the Society. A member of the Council who is the proposer
or seconder of any applicant shall not be entitled to vote in respect
of such application but shall be entitled to attend meetings at which
such application is considered and express any view on the eligibility
or otherwise of such application.
- The election shall become effective with the applicant paying the
first subscription to the Society within 3 months of the sending of
the notice to the applicant by the Secretary pursuant to Rule 12(e).
The application of the applicant shall automatically lapse and fail
in the event that the subscription fees are not paid as above.
- All changes in the membership of the Society whether by transfer
from one grade of membership to another or by election, resignation
or expulsion shall be notified to the members of the Society. Any application
for transfer from of the grades of affiliate member or student member
to any other grade of membership shall be treated by the Council as
if it were a fresh application for full membership of the Society and
any such applicant for transfer shall be subject to the requirements
of Rules 11 and 12.
- The Council may appoint a membership committee from amongst its own
members or members of the Society. Such membership committee shall exercise
the functions of the Council in respect of membership applications or
transfer applications and shall report its findings to the Council with
its recommendation for final determination by the Council. Any member
of the Council or of the Society who proposes or seconds the application
of a person for membership may not be appointed by the Council to the
membership committee in so far as such committee is called on to consider
such application.
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CLINICAL CERTIFICATION
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-
- The Society may award its Certificate of Clinical Practice (CCP)
to:
- Australian-trained or overseas-trained applicants who have
satisfied the requirements for full membership and who have
satisfactorily completed an approved course of clinical supervision
under a full member or fellow of the Society who also holds
a Certificate of Clinical Practice; or
- to an overseas-trained applicant who has satisfied the requirements
for full membership and who has satisfactorily completed an
examination of clinical competence recognised by the Society.
- The Society may award its Certificate of Clinical Practice (CCP)
to Australian-trained or overseas-trained applicants who have satisfied
the requirements for full membership and who have satisfactorily
completed the Graduate Clinical Internship or other such approved
course of clinical supervision under a full member or fellow of
the Society who also holds a Certificate of Clinical Practice, or,
to overseas-trained, full members who have satisfactorily completed
an examination of clinical competence recognised by the Society.
- The Certificate of Clinical Practice (CCP) will be re-issued on
a biennial cycle to each member holding the CCP in accordance with
the requirements of the continuing professional development program
as determined from time-to-time by the Society.
- For the purposes of interpretation of Rule 17(a)(ii), that
- the requirements for entry to the examination of clinical
competence shall be at the discretion of the Council, and
- the requirement to complete an examination of clinical competence
recognised by the Society may be waived at the discretion of
Council in the case of an overseas-trained full member or fellow
who provides documentary evidence of holding a current clinical
certification gained from a non-Australian professional audiology
association approved for this purpose by the Council.
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SUBSCRIPTION FEES ETC
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- The entrance fee and annual subscription payable by members of the
Society shall be prescribed by the Council from time to time. The annual
subscription payable is payable on or before 1 July in each year.
- In special circumstances the Council may reduce or remit annual subscriptions
or arrears thereof of any member.
- Overseas-trained applicants for full membership shall be required
to pay such fees to undertake the Society's written and/or clinical
examinations as shall be prescribed by the Council from time to time.
- Each member of the Society shall be entitled to receive free of charge
a copy of such publications as shall be decided by the Council to be
part of the membership subscription
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TERMINATION OF MEMBERSHIP
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- If the subscription of a member shall remain unpaid for a period
of 2 calendar months after it becomes due, then the member may, after
notice of the default shall have been sent to them by the Secretary
or Honorary Treasurer be debarred by resolution of the Council from
all privileges of membership and their name may be removed by the Secretary
from the register of members provided that the Council may reinstate
the member and restore their name to the register on payment of all
arrears if the Council thinks fit to do so.
- Any member may at any time by giving notice in writing to the Secretary
resign their membership of the Society, but shall continue to be liable
for any annual subscription and all arrears due and unpaid at the date
of their resignation and for all other monies due by them to the Society
and in addition for any sum not exceeding $20 for which they are liable
as a member to the Society under Clause 7 of the Statement of Purposes
of the Society. Such resignation shall take effect not later than the
termination of the period covered by the member’s current subscription,
provided however that such resignation may be withdrawn by the member
before it has taken effect.
- If any:
- member shall wilfully refuse or neglect to comply with the provisions
of the Statement of Purposes or Rules of the Society;
- member shall be guilty of any conduct whether prior to or after
his or her admission, which in he opinion of the Council is unbecoming
of a member or prejudicial to the interests of the Society, which
shall include without derogating from the generality of the foregoing
any breach by the member of the Code of Ethics of the Society; or
- the Council shall have power to expel the member from the Society
and erase the member's name from the register of members provided
that at least 14 days before the meeting of the Council at which
a resolution for the expulsion of the member is passed the member
shall have had notice of such meeting and of what is alleged against
him/her and of the intended resolution for his/her expulsion and
that he/she shall at such meeting and before the passing of such
resolution have had an opportunity of giving orally or in writing
any explanation of defence he/she may think fit and provided further
that any such member may by notice in writing lodge with the Secretary
at least 24 hours before the time for holding the meeting at which
the resolution for his/her expulsion is to be considered by the
Council, elect to have the question of his/her expulsion dealt with
by members of the Society in general meeting and in that event,
an extraordinary general meeting o the Society shall be called fro
the purpose and if at the meeting a resolution for the expulsion
of the member be passed by a majority of two-thirds of those present
and voting (such votes to be taken by ballot) the member shall be
expelled and his/her name removed from the register of members.
- The membership of a member may be terminated by the Council if such
member:
- becomes bankrupt or makes any arrangement or composition with
his/her creditors generally;
- becomes of unsound mind or a person whose person or estate is
liable to be dealt with in any way under the law relating to mental
health; or
- is convicted of a felony or any other criminal offence.
Upon the termination of the membership the member shall cease to be
a member of the Society and the Secretary shall serve notice of such
termination upon the person concerned.
-
- Notification of any resignation or expulsion of a member and of
the reasons therefore shall be sent to all members.
- Any proposal to reinstate to the membership any person who has
resigned their membership or has been expelled from the Society
shall be first considered by the Council, and if, after due consideration,
the Council shall be satisfied that the person should be proposed
for reinstatement, the Council shall circulate to all members of
the Society the name of such person, together with the proposed
grade of membership for reinstatement and any other such information
as the Council shall deem relevant, together with a statement that
if no objections are lodged to the reinstatement of the person within
a period of 28 days from the date of the notice, the applicant will
be deemed to be reinstated to the membership.
- The Council shall be responsible for setting the terms and conditions
required of any such reinstatement.
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INTERNAL ORGANISATION OF THE SOCIETY
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- The Society may have branches in every State and Territory of the
Commonwealth.
- The Society may establish special divisions or departments to deal
with special aspects or problems of audiology.
- The Society in general meeting may make, amend, add to and repeal
By-laws to regulate the affairs of the Society and all other matters
which may be dealt with by By-laws in furtherance of the Society’s
objects. An ordinary resolution of a general meeting of members shall
be sufficient for the making, amending, adding to or repealing of By-laws,
provided however that no such resolution shall be valid if it purports
to be or amounts to the making, amending, adding to or repealing of
these Rules which by the Act or otherwise could only be legally made
by a special resolution.
- The Society shall provide every member with a copy of the Statement
of Purposes and Rules and Bylaws, and every alteration, amendment, addition
to or repeal thereof shall be made available to every member by such
means as determined by the Council. The accidental omission to send
a copy or the non-receipt thereof by such person shall not invalidate
the amendment, addition to or repeal. A person who has not received
such copy as aforesaid shall not be liable to suspension in consequence
of any act or omission which, but for such amendment, addition or repeal
would not have rendered them so liable.
- Subject to these Rules, regulations may be made by By-laws from time
to time for, or in respect of, the formation, organisation, administration,
membership and dissolution of branches and divisions of the Society.
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AFFILIATION WITH OTHER BODIES
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- Subject to the proviso in clause 2(o) of the Statement of Purposes
the Society may become a member of or subscribe to or affiliate with
any other body whether Australian or foreign and whether incorporated
or not incorporated having objects altogether or in part similar to
those of the Society but so that the Society shall remain a separate
body from all affiliated bodies, each acting under its own Constitution
and By-laws if any, and neither becoming responsible for nor acquire
control over the acts of any of the other bodies.
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GENERAL MEETINGS
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- The first general meeting of the incorporated Society shall be held
at such time, not being less than 1 month, nor more than 3 months after
the incorporation of the Society, and at such place and at such time
as the Council may determine.
- An annual general meeting of the Society shall be held in accordance
with the provisions of the Act. All general meetings other than the
annual heneral meeting shall be called extraordinary general meetings.
All meetings shall be held at such time and at such place as the Council
shall determine but always in accordance with the Act.
- Any member of the Council may, whenever they think fit, convene an
extraordinary general meeting, and extraordinary general meetings shall
be convened on such requisition or in default may be convened by such
requisitionists as provided by the Act.
- Any general meeting at which it is proposed to pass a special resolution
shall be called by 21 days' notice at the least, and any other meeting
shall be called by 14 days’ notice at the least. The notice shall
be exclusive of the day on which the notice is served or deemed to be
served but inclusive of the day for which notice is given and shall
specify the place, the day and the hour of the meeting and in case of
a special business, the general nature of that business shall be given
to such persons as are entitled to receive such notice from the Society.
Every such notice shall contain a statement to the effect that a member
entitled to attend and vote at the meeting is entitled to appoint a
proxy and that a proxy need not be a member or other person admitted
to the Society.
- A notice may be given by the Society to any member either personally
or by sending it by post to them at their registered address or, if
the member has no registered address, to the address, if any, supplied
by them to the Society for the giving of notices to them, or by electronic
means to an email address that has been supplied by the member. Where
a notice is sent by post, purpose of the notice shall be deemed to be
effected by properly addressing, prepaying and posting a letter containing
the notice and to have been effected in the case of a notice of a meeting
on the day after the date of its posting and in any other case at the
time at which the letter would be delivered in the ordinary course of
post.
- Notice of every general meeting shall be given in any manner herein
before authorised, to -
- every member except those members who (having no registered address)
have not supplied to the Society an address for the giving of notices
to them; and
- the auditor or auditors for the time being of the Society.
No other person shall be entitled to receive notices of general meetings.
- The accidental omission to give notice of a meeting to, or the non-receipt
of a notice of a meeting by, any person entitled to receive notice,
shall not invalidate the proceedings of that meeting.
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PROCEEDINGS AT GENERAL MEETINGS
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- The word "member" in this division shall mean and include only full
members and fellows entitled to attend and vote at general meetings
unless the context otherwise requires.
- All business shall be deemed special that is transacted at an extraordinary
general meeting, and also all that is transacted at an annual general
meeting, with the exception of the consideration of the accounts, balance
sheets and reports of the Council and auditors, the election of the
officers and members of the Council in place of those retiring in accordance
with Rules 61 to 66 and the appointment of, and the fixing of the remuneration
of the auditor or auditors.
- No business shall be transacted at any general meeting unless a quorum
of members is present at the time when the meeting proceeds to business.
Save, as herein otherwise provided, 8 members present in person shall
be a quorum, provided that one of the quorum members must be the current
holder of the office of President, Vice President or Past President
of the Society. For the purposes of this Rule, “member”
includes a person attending as a proxy or as representing a corporation
which is a member.
- If within half an hour from the time appointed for the meeting a
quorum is not present, the meeting, if convened upon the requisition
of members, shall be dissolved; in any other case it shall stand adjourned
to the same day in the next week at the same time and place, or to such
other day and at such other time and place as the Council may determine,
and if at the adjourned meeting a quorum is not present within half
an hour from the time appointed for the meeting, the members present
(being not less than 8) shall be a quorum.
- The President shall preside as Chair at every general meeting of
the Society, or if there is no President, or if the President is not
present within 15 minutes after the time appointed for the holding of
the meeting or is unwilling to act, the Vice-President shall be the
Chair or if the Vice-President is not present or is unwilling to act
then the Past President shall be the Chair of the meeting.
- The Chair may, with the consent of any meeting at which a quorum
is present (and shall if so directed by the meeting), adjourn the meeting
from time to time and from place to place, but no business shall be
transacted at any adjourned meeting other than the business left unfinished
at the meeting from which the adjournment took place. When a meeting
is adjourned for 30 days or more, notice of the adjourned meeting shall
be given as in the case of an original meeting. Save as aforesaid it
shall not be necessary to give any notice of an adjournment or of the
business to be transacted at an adjourned meeting.
- At any general meeting a resolution put to the vote of the meeting
shall be decided on a show of hands unless a poll is (before or on the
declaration of the result of the show of hands) demanded:
- by the Chair; or
- by at least 3 members present in person or by proxy.
Unless a poll is so demanded a declaration by the Chair that a resolution
has on show of hands been carried or carried unanimously, or by
a particular majority, or lost, and an entry to that effect in the
book containing the minutes of the proceedings of the Society shall
be conclusive evidence of the fact without proof of the number or
proportion of the votes recorded in favour of or against the resolution.
The demand for a poll may be withdrawn.
- If a poll is duly demanded it shall be taken in such manner and either
at once or after an interval or adjournment or otherwise as the Chair
directs, and the result of the poll shall be the resolution of the meeting
at which the poll was demanded but a poll demanded on the election of
a Chair or on a question of adjournment shall be taken forthwith.
- In the case of an equality of votes, whether on a show of hands or
on a poll, the Chair of the meeting at which the show of hands takes
place or at which the poll is demanded shall be entitled to a second
or casting vote.
- Notwithstanding that a resolution submitted to a general meeting
has been carried or lost either on a show of hands or on a poll, at
the Chair’s or at the Council’s discretion, it may be directed
that such resolution be submitted to a postal ballot of members and
in such event the provisions of these Rules relating to election of
office bearers by ballot shall mutatis mutandis apply to such ballot.
- A member may vote in person or by proxy or by attorney and on a show
of hands every person present who is a member or representative of a
member shall have one vote and on a poll every member present in person
or by proxy or by attorney or other duly authorised representative shall
have one vote.
- A member who is of unsound mind or whose person or estate is liable
to be dealt with in any way under the law relating to mental health
may vote, whether on a show of hands or on a poll, by his/her Committee
or by his/her trustee or by such other person as properly has the management
of his/her estate, and any such Committee, trustee or other person may
vote by proxy or attorney.
- No member shall be entitled to vote at any general meeting if the
member's annual subscription shall be more than one month in arrears
at the date of the meeting.
- The instrument appointing a proxy shall be in writing (in the common
or usual form) under the hand of an appointor or of his/her attorney
duly authorised in writing or, if the appointor is a corporation, either
under seal or under the hand of an officer or attorney duly authorised.
A proxy may but need not be a member of the Society. The instrument
appointing a proxy shall be deemed to confer authority to demand or
join in demanding a poll.
- Where it is desired to afford members an opportunity of voting for
or against a resolution the instrument appointing a proxy shall be in
the following form or a form as near thereto as circumstances admit:
THE AUDIOLOGICAL SOCIETY OF AUSTRALIA INC.
I, ,
of
being a member of the above-named Society here appoint
,
of
or failing him/her ,
of
as my proxy to vote for me on my behalf at the (Annual or Extraordinary,
as the case may be) general meeting of the Society, to be held
on the
day of
20 ,
and at any adjournment thereof.
Signed this day
of
20
This form is to be used *in favour of/against the resolution
*Strike out whichever is not desired (Unless otherwise instructed,
the proxy may vote as they think fit.)
- The instrument appointing a proxy and the power of attorney or other
authority, if any, under which it is signed or a notarially certified
copy of that power or authority shall be deposited at the registered
office of the Society, or at such other place within the Commonwealth
of Australia as is specified for that purpose in the notice convening
the meeting, not less than 48 hours before the time for holding the
meeting or adjourned meeting at which the person named in the instrument
proposes to vote, or, in the case of a poll, not less than 24 hours
before the time appointed for the taking of the poll, and in default
the instrument of proxy shall not be treated as valid.
- vote given in accordance with the terms of an instrument of proxy
or attorney shall be valid notwithstanding the previous death or unsoundness
of mind of the principal or revocation of the instrument or of the authority
under which the instrument was executed, if no intimation in writing
of such death, unsoundness of mind or revocation as aforesaid has been
received by the Society at the registered office before the commencement
of the meeting or adjourned meeting at which the instrument is used.
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COUNCIL AND OFFICERS
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- The word "member" in this division shall mean and include fellows
and full members entitled to attend and vote at general meetings only
unless the context otherwise requires.
- The conduct of the Society's business shall be vested in the Council.
The Council shall consist of -
- the President, the Vice-President, the Treasurer and the Past-President;
- 4 councillors elected by the members ;
- 1 councillor appointed by the members of each branch, if any,
of the Society; and
- 1 councillor appointed by the members of each division, if any,
of the Society,
all of whom shall be office bearers of the Society. Each office bearer
must be a member of the Society. The councillors appointed under clause
(c) above, and subject to Rules 27 and 31, shall, on appointment, be
an office bearer of any respective branch committee.
- The President shall recieve an honorarium for services provided to
the Society in an amount approved by the Council. All other Council
positions shall be honorary and without renumeration. No official of
the Society shall be eligible for service on the Council in any capacity
unless otherwise expressly provided in these Rules.
- At the first annual general meeting of the Society, and at the annual
general meeting of the Society in each second year thereafter, the office
bearers of the Council shall retire from office and a new Council shall
be elected from among the members in accordance with Rules 61 to 66
and such office bearers shall hold office until the second following
annual general meeting. Retiring office bearers shall be eligible for
re-election. The office of Past President shall be filled by the retiring
President of the Society at each annual general meeting.
- Not less than 90 days before the date on which it is proposed to
hold any annual general meeting at which election of office bearers
will take place, a notice shall be sent to all members advising them
that the positions on the Council are to become vacant at the meeting
and calling for nominations.
- The election of office bearers shall take place in the following
manner:
- Nominations of members proposed for election as office bearers
shall be in writing and shall be lodged with the Secretary not later
than 60 days before the date fixed by the Council for the annual
general meeting or as defined on the Society's nomination documentation.
- The nominations shall be signed by the proposer and a seconder
of each candidate who shall endorse their consent thereon.
- Not less than 45 days, or as defined on the Society's nomination
documentation, before the date fixed for the holding of the annual
general meeting, the Secretary (or the branch or divisional Secretary,
as the case may be) shall post to every member entitled to vote,
a ballot paper which shall contain a list of those nominated and
of the office for which they seek election with a square opposite
each name wherein each member may record their vote. The ballot
paper shall list the positions to be filled, in the order appearing
in Rule 58.
- Each ballot paper shall be accompanied by an envelope marked
“Ballot Paper”, a blank card and an envelope addressed
to the Secretary of the Society.
- In case there shall not be a sufficient number of candidates
nominated, the newly elected Council shall fill up the remaining
vacancy or vacancies from members willing and eligible to become
members of the Council.
- No member shall be elected to more than one position on the Council.
If a member is nominated for more than one position, the member
shall be deemed to have been nominated for the position first appearing
on the ballot paper.
- To record their vote a member shall mark an ‘X’ in the
square on the ballot paper opposite the names of the candidates whose
election they desire, place the ballot paper in the envelope marked
ballot paper without any other matter and seal it, sign their name on
the card provided, place the envelope marked “Ballot Paper”
and the card in the envelope addressed to the Secretary and forward
the same by prepaid post or hand it to the Secretary. Each member in
marking their ballot paper shall vote for the number of candidates corresponding
to the number of vacancies which are to be filled, which number shall
be stated on the ballot paper. Any ballot paper not so marked shall
be rejected as informal.
- The Secretary shall provide for the safe custody of all ballot papers
received pending the closing of the ballot and thereupon hand them unopened
to the scrutineers. The ballot shall close at 1:00 p.m. 21 days before
the annual general meeting.
- Two scrutineers shall be appointed by the Council and they shall
take charge of the Ballot immediately after it is closed and shall count
all votes properly recorded and communicate the results of the ballot
to the Council. In the Absence of manifest error, the results as recorded
by the scrutineers shall be considered final. In case of an equality
of votes between 2 or more candidates for a positin on the Council,
the President (or in case of an equality of votes for the office of
President, the Past-President) shall excercise a casting vote in addition
to his or her ordinary vote as a member.
- At the annual general meeting, the Chair shall declare the result
of the ballot and announce the newly-elected office bearers immediately
after the adoption of the annual report and balance sheet. All members
of the Council shall continue in office until the end of the meeting.
- The Society may from time to time by ordinary resolution passed at
a general meeting appoint other members to the Council, and increase
or reduce the number of such members.
- The Council shall have power at any time and from time to time to
appoint any member of the Society to the Council either to fill a casual
vacancy or as an addition to the existing office bearers and other members
of the Council, but so that the total number of such additional members
of the Council shall not at any time exceed 3. Any office bearer or
other member of the Council so appointed shall hold office only until
the next following annual general meeting at which election of office
bearers takes place.
- 69. The Society may by ordinary resolution remove any office bearer
or other member of the Council before the expiration of their period
of’ office, and may by an ordinary resolution appoint another
person instead. The person so appointed shall hold office only until
the next following annual general meeting at which election of office
bearers takes place.
- The office of a member of the Council shall become vacant if the
member:
- ceases to be a member of the Council by virtue of the Act;
- becomes bankrupt or makes any arrangement or composition with
his/her creditors generally;
- becomes prohibited from being a director of a company by reason
of any order made under any Act or Ordinance of any State or Territory;
- becomes of unsound mind or a person whose person or estate is
liable to be dealt with in any way under the law relating to mental
health;
- resigns their office by notice in writing to the Society;
- for more than 6 months is absent without permission of the Council
from meetings of the Council held during the period;
- holds any office of profit under the Society other than payment
of an honorarium under Rule 59;
- ceases to be a member of the Society;
- is directly or indirectly interested in any contract or proposed
contract with the Society provided, however, that a member shall
not vacate their office by reason of their being a member of any
corporation society or association which has entered or proposes
to enter into a contract with the Society if such corporation society
or association is among the class of companies referred to in the
proviso to clause 3 of the Statement of Purposes of the Society
and if they shall have declared the nature of their interest in
a manner required by the Act Provided always that nothing in this
Rule shall affect the operation of clause 3 of the Statement of
Purposes of the Society.
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POWERS AND DUTIES OF THE COUNCIL
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- The business affairs and property of the Society shall be administered
and managed by the Council who may pay all expenses incurred in promoting
and registering the Society and may exercise such powers of the Society
as are not by the Act or by these Rules required to be exercised by
the Society in general meeting, subject, nevertheless, to any of these
Rules. to the provisions of the Act and to such regulations being not
inconsistent with the aforesaid Rules and provisions of the Act, as
may be prescribed by the Society in general meeting, but no regulation
made by the Society in general meeting shall invalidate any prior act
of the Council which would have been valid if that regulation had not
been made.
- The Council may exercise all the powers of the Society to borrow
money and to mortgage or charge its property, or any part thereof, and
to issue any debentures and other securities whether outright or as
security for any debt, liability, or obligation of the Society, or of
any third party.
- The Council may exercise all the powers of the Society in relation
to any official Seal.
- All cheques, promissory notes, drafts, bills of exchange and other
negotiable instruments, and all receipts for monies paid to the Society
shall be signed, drawn, accepted, endorsed, or otherwise executed, as
the case may be, in such manner as he Council shall from time to time
by resolution determine.
- The Council shall cause minutes to be made:
- of all appointments made by it;
- of the names of all office bearers and other members of the Council
present at all meetings of the Society and of the Council, and
- of all proceedings at all meetings of the Society and of the
Council.
Such minutes shall be signed by the Chair of the meeting at which the
proceedings were held, or by the Chair of the next succeeding meeting.
- The Council shall have exclusive power to appoint, remove and suspend
officials, and to determine their powers and duties and decide what,
if any, securities are to be taken from them, and to make such arrangements
and enter into such agreements with them, or any of them, as the Council
shall think fit and (subject to the provisions of the Statement of Purposes)
to pay them such salaries and wages and such remuneration by way of
pensions, gratuities or otherwise howsoever, and to make such provisions
for and grant such pensions and gratuities to them after their retirement
from the service of the Society as the Council may think proper.
- Subject to such regulations and on payment of such fees (if any)
as the Council may from time to time prescribe, the Council may issue
to any member a certificate showing the class of membership to which
they belong. Every such certificate shall remain the property of, and
shall on demand be returned to, the Society. Every such certificate,
if purporting to confer any status or qualification beyond the mere
status of membership, either with or without a statement of the class
of membership of the member to whom it relates, shall contain on its
face a statement to the effect that it is not issued under or by virtue
of any statutory or Government sanction or authority, but by the authority
of the Society only.
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PROCEEDINGS OF THE COUNCIL
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- The Council may meet together for the dispatch of its business adjourn
and otherwise regulate its meetings as it thinks fit. Any 3 office bearers
may, and the Secretary on the requisition of any 3 such office bearers,
shall at any time summon a meeting of the Council by giving at least
7 days’ notice to all the members of the Council.
- Subject to these Rules questions arising at any meeting of the Council
shall be decided by a majority of votes and a determination by a majority
of the members of the Council shall for all purposes be deemed a determination
of the Council. In case of an equality of votes the Chair of the meeting
shall have a second or casting vote.
-
- A member of the Council shall not vote in respect of any contract,
or proposed contract with the Society in which that member is interested,
or any matter arising thereout, and if they do so vote their vote
shall not be counted.
- It shall be the duty of every office bearer who is in any way,
whether directly or indirectly, interested in any matter under consideration
by the Council as soon as practicable after the relevant facts have
come to their knowledge, declare the nature and extent of their
interest at a meeting of the Council.
- The quorum necessary for the transaction of the business of the Council
shall be 3 or such greater number as may be fixed by the Council.
- The continuing members of the Council may act notwithstanding any
vacancy in the Council, but if and so long as their number is reduced
below the number fixed by or pursuant to these regulations as the necessary
quorum of the Council, the continuing member or members may act for
the purpose of increasing the member or members of the Council to that
number or of summoning a general meeting of the Society, but for no
other purpose.
- The President shall preside as Chair at every meeting of the Council,
or if there is no President, or if at any meeting the President is not
present within 10 minutes after the time appointed for holding the meeting,
the Vice-President shall be Chair or if the Vice-President is not present
at the meeting then the members may choose one of their number to be
Chair of the meeting.
- The Council may delegate any of its powers to committees consisting
of such member or members of the Council or of the Council and of the
Society, as it thinks fit; any committee so formed shall in the exercise
of the powers so delegated conform to any regulations that may be imposed
on it by the Council. The Council shall fix the terms of reference and
the quorum for each committee.
- All decisions of the committees shall be reported to the Council and
be subject to confirmation by the Council, unless the Council shall
determine otherwise. The committees may invite members or non-members
of the Society to assist them in an advisory capacity.
- Each committee shall have one ex-officio member which shall be the
President, the Vice-President, the Past-President, the Treasurer, the
Secretary, or any other officer of the Society as the Council may determine.
- A committee may elect a Chair of its meetings, if no such Chair is
elected. or if at any meeting the Chair is not present within 10 minutes
of the time appointed for holding the meeting, the members present may
choose one of their number to be Chair of the meeting.
- A committee may meet and adjourn as it thinks proper. Questions arising
at any meeting shall be determined by a majority of votes of the members
present, and in the case of an equality of votes the Chair shall have
a second or casting vote.
- All acts done by any meeting of the Council or of a committee or by
any person acting as a member of the Council or a committee shall, notwithstanding
that it is afterwards discovered that there was some defect in the appointment
of any such member of the Council or person acting as aforesaid, or
that the Council or a committee or any of them were disqualified, be
as valid as if every such person had been duly appointed and was qualified
to be a member of the Council or a committee.
- A resolution in writing signed by all the members of the Council
for the time being entitled to receive notice of a meeting of the Council,
shall be as valid and effectual as if it had been passed at a meeting
of the Council duly convened and held. Any such resolution may consist
of several documents in like form, each signed by one or more members
of the Council.
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SECRETARY AND ASSISTANT SECRETARY
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-
- The Secretary shall in accordance with the Act be appointed by
the Council for such term at such remuneration, if any, and upon
such conditions as it thinks fit, and any Secretary so appointed
may be removed by it. Nothing herein shall prevent the Council from
appointing a full member or fellow of the Society as Honorary Secretary
and any full member or fellow so appointed shall forthwith become
an officer of the Society and, if not already a member of the Council,
exofficio a member of the Council, and shall be subject to the provisions
of clause 3 of the Statement of Purposes.
- The Council may appoint an Assistant Secretary for such term
and at such remuneration and upon such conditions as it thinks fit.
Any Assistant Secretary so appointed shall not be a member of the
Society.
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SEAL
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- The Council shall provide for the safe custody of the Seal of the
Society which shall only be used by the authority of the Council and
every instrument to which the Seal is affixed shall be signed by 2 members
of the Council and shall be countersigned by some other person appointed
by the Council for the purpose.
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FUNDS
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- The funds of the Society shall be derived from entrance fees, annual
subscriptions, donations, and such other sources as the Council determines,
but subject always to the Statement of Purposes.
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ACCOUNTS
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- The Council shall cause proper accounting and other records to be
kept of all the Society’s financial transactions and shall distribute
copies of every statement of income and expenditure and balance sheet
(including every document required by law to be attached thereto) accompanied
by a copy of the auditor’s report thereon as required by the Act
provided however that the Council shall cause to be made out and laid
before each annual general meeting a balance sheet and statement of
income and expenditure made up to a date not more than 3 months before
the date of the meeting. Once at least in every year the accounts of
the Society shall be subject to review by one or more properly qualified
auditor or auditors.
- The Council shall from time to time determine in accordance with
clause7 of the Statement of Purposes at what times and places and under
what conditions or regulations the accounting and other records of the
Society shall be opened to the inspection of members not being members
of the Council and no member (not being a member of the Council) shall
have any right of inspecting any account or book or paper of the Society
except as conferred by statute or by clause 7 of the Statement of Purposes
or authorised by the Council or by the Society in general meeting.
- The books and accounts of the Society shall be kept at the registered
office. A copy of every balance sheet (including every document required
by law to be attached thereto) together with a copy of the auditors
report, shall, not less than twenty-one days before the date of the
meeting before which they are to be laid, be sent to all persons entitled
to receive notices of general meetings of the Society.
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AUDIT
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- A properly qualified auditor or auditors shall be appointed and the
or their remuneration fixed and duties regulated in accordance with
the Act and clause 7 of the Statement of Purposes.
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WINDING UP OR CANCELLATION OF INCORPORATION
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- In the event of the winding up of the Society, or the cancellation
of its incorporation as an association, the assets of the Society shall
be disposed of in accordance with the Act, and subject to the following
conditions:
- No portion of the income or property of the Society shall be
paid or directly or indirectly by way of dividend, bonus or otherwise
howsoever by way of profit to the members of the Society.
- If upon the winding up or dissolution of the Society there remains
after satisfaction of all its debts and liabilities, any property
whatsoever, the same shall not be paid to or distributed among members
of the Society but shall be given or transferred to some other institution
or institutions having objects similar to the objects of the Society
and which shall prohibit the distribution of its or their income
or property among its or their members to an extent at least as
great as is imposed on the Society under or by virtue of condition
(a) hereof and clause 3 of the Statement of Purposes, such institution
or institutions to be determined by the members or the Society at
or before the time of dissolution and in default thereof, by the
Chief Judge in Equity of the Supreme Court of Victoria or such other
Judge of that Court as may have or acquire jurisdiction in the matter
and if and so far as effect cannot be given to the aforesaid provision,
then to some charitable object.
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NOTICES
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- Any document, paper or notice to any person entitled under these
Rules or the By-laws to receive same may be forwarded or served by the
Society upon such person either personally or by sending it by pre-paid
post to them at their address as registered in the register of members.
Where a document, paper or notice is sent by post, service shall be
deemed to be effected by properly addressing, pre-paying and posting
a letter containing the notice and to have been effected upon the third
day following the posting and in proving such service it shall be sufficient
to prove that such document, paper or notice was properly addressed,
pre-paid and posted.
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INDEMNITY
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- Every member of’ the Council, Auditor, Secretary and other officer
for the time being of the Society shall be indemnified by the Society
against any liability incurred by them in defending any proceedings
whether civil or criminal in which judgment is given in their favour
or in which the member is acquitted or in connection with any application
under the Act in which relief is granted to them by the Court in respect
of any negligence, default, breach of duty or breach of trust. It shall
be the duty of the Council to provide for such indemnity or indemnities
out of the funds of the Society and the amounts of such indemnity or
indemnities shall have priority over all other members’ claims
of any kind provided however that this clause shall not authorise reimbursement
for any travelling or living expenses incurred by such office bearer
or other officer save and except with the approval of the Council.
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PRIVACY
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- All dealings of the Council and the Society shall at all times be
consistent with the requirements and obligations of any Commonwealth,
State or Territory Privacy Laws as shall be current.
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