Rules of Association and Statement of Purpose
Social Education Victoria Incorporated
Rules of Association 2007
1. NAME
The name of the Association shall be Social Education Victoria Incorporated.2. PURPOSE
The objectives of the Association shall be:
- to advance the study of Social Education in the state of Victoria;
- to represent generally the views of persons connected with the teaching of Social Education at all levels and in all types of educational institutions by means of providing opportunities for the formulation of exchange of ideas on content of curriculum and on pedagogy;
- to sponsor and support activities that may assist the teaching of the social sciences in the State of Victoria;
- to promote co-operation between and undertake liaison with similar associations;
- to uphold the academic freedom and professional independence of members; and
- to do all such things as are incidental or conducive to the attainments of the above objects.
3. DEFINITION
(1) In these rules, unless the contrary intention appears:
‘Committee’ means Committee of Management of the Association
‘Financial Year’ means the year ending December 31
‘General Meeting’ means a general meeting of members convened in accordance with Rule 10
‘Member’ means a member of the Association
‘Ordinary Member of the Committee’ means a member of the Committee who is not an officer of the Association under Rule 12
‘The Act’ means the Associations Incorporation Act 1981’
‘The Regulations’ means regulations under the Act.
(2) Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958 and the Associations Incorporation Act 1981 (as amended) as in force from time to time.
4. APPLICATION for MEMBERSHIP
(1) A person who is nominated or approved for membership (other than honorary life membership) as provided in these rules is eligible to be a member of the Association on payment of the annual subscription payable under these rules.
(2) The members of the Association shall be of the undermentioned classes:
- individual members
- education organisation members
- associate members
- concession members
- honorary life members
(3) The qualifications for each class of membership shall be as follows:
- ordinary membership – any person interested in teaching about Social Education;
- education organisation membership -any teaching institution;
- associate membership – any company or other body not qualified for individual, education organisation or concession membership;
- concession membership; including
- student member
- any person undertaking pre-service training.
- unemployed member – any trained teacher who is permanently or temporarily unemployed.
- members on leave – any teacher on leave for twelve months or more
- retired teachers
- honorary life membership – offered by the Executive Committee to a long term member and conferred upon communication of acceptance to the Committee.
(4)
(a) A nomination of a person/institution for membership of the Association shall be made in writing on the approved application form and shall be accompanied by the correct membership subscription.
b) Honorary life members shall not apply for such membership and shall be exempt from the payment of an annual subscription fee but are otherwise entitled to all privileges of membership including the right to vote.
(5) The Executive Officer (EO) or delegated officer shall, upon payment of the correct subscription, enter the nominee’s name in the register of members and, upon the name being so entered, the nominee becomes a member of the Association.
(6) Upon membership being accepted the member shall nominate the preferred electronic (which includes facsimile and e-mail) and postal address for the receipt of notices.
(7) A right, privilege, or obligation of a person by reason of his/her membership of the Association is not capable of being transferred or transmitted to another person.
5. MEMBERSHIP SUBSCRIPTIONS
(1) The Committee may determine rates of subscriptions for each class of membership that shall or shall not be payable. Membership fees shall be payable on the first day of each calendar year and shall cover twelve months membership.
(2) Honorary life membership
An honorary life member shall not be liable to pay an annual subscription.
6. REGISTER of MEMBERS
The Executive Officer (EO) or delegated officer shall keep and maintain a register of members in which shall be entered the full name and address of each member and the register shall be available for inspection by members at the address of the Public Officer.7. Discipline, suspension and expulsion of members
(1) Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the committee may by resolution--
(a) fine that member an amount not exceeding $500; or
(b) suspend that member from membership of the Association for a specified period; or
(c) expel that member from the Association.
(2) A resolution of the committee under sub-rule (1) does not take effect unless--
(a) at a meeting held in accordance with sub-rule (3), the committee confirms the resolution; and
(b) if the member exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with this rule.
(3) A meeting of the committee to confirm or revoke a resolution passed under sub-rule (1) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with sub-rule (4).
(4) For the purposes of giving notice in accordance with sub-rule (3), the Secretary must, as soon as practicable, cause to be given to the member a written notice-
(a) setting out the resolution of the committee and the grounds on which it is based; and
(b) stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and
(c) stating the date, place and time of that meeting; and
(d) informing the member that he or she may do one or both of the following-
(i) attend that meeting;
(ii) give to the committee before the date of that meeting a written statement seeking the revocation of the resolution;
(e) informing the member that, if at that meeting, the committee confirms the resolution, he or she may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.
(5) At a meeting of the committee to confirm or revoke a resolution passed under sub-rule (1), the committee must-
(a) give the member, or his or her representative, an opportunity to be heard; and
(b) give due consideration to any written statement submitted by the member; and
(c) determine by resolution whether to confirm or to revoke the resolution.
(6) If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.
(7) If the Secretary receives a notice under sub-rule (6), he or she must notify the committee and the committee must convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.
(8) At a general meeting of the Association convened under sub-rule (7)--
(a) no business other than the question of the appeal may be conducted; and
(b) the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
(c) the member, or his or her representative, must be given an opportunity to be heard; and
(d) the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
(9) A resolution is confirmed if, at the general meeting, not less than two-thirds of the members vote in person, or by proxy, in favour of the resolution. In any other case, the resolution is revoked.
8. Disputes and mediation
(1) The grievance procedure set out in this rule applies to disputes under these Rules between -
(a) a member and another member; or
(b) a member and the Association.
(2) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
(3) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
(4) The mediator must be -
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement -
(i) in the case of a dispute between a member and another member, a person appointed by the committee of the Association; or
(ii) in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).
(5) A member of the Association can be a mediator.
(6) The mediator cannot be a member who is a party to the dispute.
(7) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
(8) The mediator, in conducting the mediation, must --
(a) give the parties to the mediation process every opportunity to be heard; and
(b) allow due consideration by all parties of any written statement submitted by any party; and
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
(9) The mediator must not determine the dispute.
(10) If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
9. ANNUAL GENERAL MEETING
(1) The Association shall in each calendar year convene an annual general meeting (AGM) of its members within five months after the end of the financial year.
(2) The AGM shall be held on such day as the committee determines.
(3) The AGM shall be specified as such in the notice convening it.
(4) The ordinary business of the AGM shall be –
a) to confirm the minutes of the last preceding AGM and of any general meeting held since that meeting;
b) to receive the Annual Report from the Committee of Management
c) to receive the Auditor’s report;
d) to receive and consider the statement submitted by the Association in accordance with section 30 (3) of the Act; and
e) to elect officers of the Association and the ordinary members of the Committee in accordance with these rules.
(5) The AGM may transact special business of which notice is given in accordance with these rules.
(6) The AGM shall be in addition to any other general meetings that may be held in the same year.
10. SPECIAL GENERAL MEETINGS
(1) All general meetings other than the Annual General Meeting shall be called special general meetings.
(2) The Committee may, whenever it thinks fit, convene a special general meeting of the Association and, where, but for this sub-clause, more than fifteen months would lapse between annual general meetings, shall convene a special general meeting before the expiration of that period.
(3) The Committee shall, on the requisition in writing of members representing not less than 20 members, convene a special general meeting of the Association.
(4) The requisition for a general meeting shall state the objectives of the meeting and shall be signed by the members making the requisition and be sent to the address of the Executive Officer (EO) and may consist of several documents in a like form, each signed by one or more of the members making the requisition.
(5) If the Committee does not cause a special general meeting to be held within one month after the date which the requisition is sent to the address of the Executive Officer (EO) the members making the requisition, or any of them, may convene a special general meeting to be held not later than three months after that date.
(6) A special general meeting convened by members in pursuance of these rules shall be convened in the same manner OR as nearly as possible as that in which those meetings are convened by the Committee and all reasonable expenses incurred in convening the meeting shall be refunded by the Association to the persons incurring the expenses.
11. NOTICE of MEETING
(1) The Executive Officer (EO) of the Association shall, at least 14 days before the date fixed for holding a general meeting of the Association, (or if a special resolution has been proposed, at least 21 days), cause to be sent to each member of the Association at their address appearing in the register of members, a notice stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
(2) No business other than that set out in the notice convening the meeting shall be transacted at the meeting.
(3) Fifteen members desiring to bring any business before a meeting may give notice of that business in writing to the Executive Officer (EO), who shall include that business in the notice calling the next general meeting after the receipt of the notice.
12. PROCEEDINGS at MEETINGS
(1) All business that is transacted at a special general meeting and/or the AGM with the exception of that specially referred to in these rules as being the ordinary business of the AGM shall be deemed to be special business.
(2) No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.
(3) Fifteen members personally present and entitled to vote under these rules shall constitute a quorum for the transaction of the business of a general meeting.
(4) If within half an hour after the appointed time for the commencement of a general meeting, a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the next week at the same time and the same place and (unless otherwise specified by the Chairman at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place and if at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than ten financial members) shall be a quorum.
(5) The Chair
The President, or in his/her absence, the Vice President, shall preside as Chairman at each general meeting of the Association.
If the President and the Vice President are absent from a general meeting, the members present shall elect one of their number to preside as Chairman at that meeting.
(6) Adjournment
The Chairman of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
Where a meeting is adjourned for fourteen days or more, a like notice of the adjourned meeting shall be given as in the case of the general meeting.
Except as provided in sub-clauses (1) and (2), it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
(7) Resolutions
A question arising at a general meeting of the Association shall be determined on a show of hands and unless before or on the declaration of the show of hands a poll is demanded, a declaration by the Chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, and an entry to that effect in the Minute Book of the Association is evidence of the fact, without the proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
(8) Voting
Upon any question arising at a general meeting of the Association, a member has one vote only.
All votes shall be given personally or by proxy.
In the case of an equality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting vote.
(9) Polls
If at a general meeting a poll on any question is demanded by not less than three members, it shall be taken at that meeting in such manner as the Chairperson may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
A poll that is demanded on the election of a Chairperson or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairperson may direct.
(10) Voting Rights
A member is not entitled to vote at any general meeting unless all moneys due and payable by him/her to the Association have been paid, other than the amount of the annual subscription payable in respect of the current financial year.
(11) Proxies
Each member shall be entitled to appoint another member as his/her proxy by notice given to the Executive Officer (EO) no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
13. COMMITTEE of MANAGEMENT
(1) The affairs of the Association shall be managed by a Committee of Management constituted according to these rules.
(2) The Committee -
- shall manage the business and affairs of the Association;
- may, subject to these rules, the regulations and the Act, exercise all such powers and functions as may be exercised by the Association other than those powers and functions that are required by these rules to be exercised by general meetings of the members of the Association; and
- subject to these rules, the regulations and the Act, has power to perform all such acts and things as appear to the Committee to be essential for the proper management of the business and affairs of the Association.
The officers of the Association shall be
- A President;
- A Vice President;
- A Treasurer;
- A Secretary;
- An Executive Officer (EO)
The immediate Past President may stand for re-election to the Committee.
(4) The provisions of Rule 14 so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned in sub-clause (1).
(5) Each officer of the Association shall hold office until the AGM next year after the date of his/her election but is eligible for re-election.
(6) In the event of a casual vacancy in any office referred to in sub-clause (1) the Committee may appoint one of its members or co-opt a person to the vacant office up to and including the conclusion of the AGM following the date of his/her appointment.
(7)
(a) The Executive Committee shall consist of the President, Vice President, Treasurer, Secretary, an Executive Officer (EO) and other officers as deemed necessary by the Executive shall be appointed by the Committee acting through the President to carry out duties decided by the Committee.
(b) The Executive Officer may be a member of the Association, and may be a member of the Committee or the Executive Committee.
(8) The Committee
Subject to Section 23 of the Act, the Committee shall consist of -
the officers of the Association; and
- EIGHT ordinary members, each of whom shall be elected at the AGM of the Association in each year.
- The Committee shall have power to co-opt not more than THREE additional members as ordinary members.
9) Each ordinary member of the Committee shall, subject to these rules, hold office until the AGM next after the date of his/her election but is eligible for re-election.
(10) In the event of a casual vacancy occurring in the office of ordinary member of the Committee, the Committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the AGM next following the date of his/her appointment.
(11) The place of any Committee member who is absent without apology from 3 consecutive Committee meetings may be filled by the Committee co-option under clause 13.6 or 13.10
14. ELECTION of OFFICERS and VACANCY
(1) Nominations of candidates for election as officers of the Association or as ordinary members of the Committee -
a) shall be made in writing, signed by two members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and
b) shall be delivered to the Executive Officer (EO) of the Association not less than seven days before the date fixed for the holding of the AGM.
(2) If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the AGM.
(3) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
(4) If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.
(5) The ballot for the election of officers and ordinary members of the Committee shall be conducted at the AGM in such usual and proper manner as the Committee may direct.
(6) A nomination of a candidate for election under this clause is not valid if that candidate has been nominated for another office for election at the same election.
(7) Vacancies
For the purpose of these rules, the office of an officer of the Association or of an ordinary member of the Committee becomes vacant if the officer or member –
a) Ceases to be a member of the Association; or
b) Becomes an insolvent under administration within the meaning of the Companies (Victoria) Code; or
c) Resigns his/her office by notice in writing given to the Executive Officer (EO) or
- Is removed under Rule 18.1
15. PROCEEDINGS of COMMITTEE
(1) The Committee shall meet at least 6 times in each year at such place and such times as the Committee may determine.
(2) Special meetings of the Committee may be convened by the President or by any four of the members of the Committee.
(3) Notice shall be given to the members of the Committee of any special meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such a meeting.
(4) Any six members of the Committee shall constitute a quorum for the transaction of the business of a meeting of the Committee but must include at least one Executive Committee member.
(5) No business shall be transacted unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present, the meeting shall stand adjourned to the same place and at the same hour of the same day in the following week unless the meeting was a special meeting in which case it lapses.
(6) At meetings of the Committee -
a) the President or in his/her absence the Vice President shall preside; or
b) if the President and Vice President are absent, such one of the remaining members of the Committee as may be chosen by the members present shall preside.
(7) Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee shall be determined on a show of hands or, if demanded by a member, on a poll taken in such manner as the person presiding at the meeting may determine.
(8) Each member present at a meeting of the Committee or of any sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
(9) Written notice of each committee meeting shall be served on each member of the Committee by delivering it to him/her by post, or if the member requests by facsimile or by electronic transmission at a reasonable time before the meeting.
(10) Subject to sub-clause (4) the Committee may act notwithstanding any vacancy on the Committee.
16. MINUTES
(1) The Secretary shall take minutes of the resolutions and proceedings of each general meeting and each committee meeting in books provided for that purpose together with a record of the name of persons present at committee meetings. These records may be hand-written, typed or recorded using a computer or any other method as deemed suitable by the committee.
(2) The Executive Officer (EO) of the Association shall keep minutes of the resolutions and proceedings of each general meeting and each committee meeting in books provided for that purpose together with a record of the name of persons present at committee meetings.
17. TREASURER
(1) The Treasurer of the Association
a) shall oversee all moneys due to the Association and oversee all payments authorised by the Association; and
b) shall oversee the accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association.
c) shall provide a financial report to each committee meeting and an audited statement to the AGM.
(2) The accounts and books referred to in sub-clauses (1) shall be available for inspection by members upon reasonable notice.
18. REMOVAL of MEMBER of COMMITTEE
(1) The Association in a general meeting may by resolution remove any member of the Committee before the expiration of his/her term of office and appoint another member in his/her stead to hold office until the expiration of the term of the first-mentioned member.
(2) Where the member to whom the proposed resolution referred to in sub-clause (18.1) makes representations in writing to the Executive Officer (EO) or President of the Association (not exceeding a reasonable length) and requests that they be notified to the members of the Association, the Executive Officer (EO) or the President may send a copy of the representations to each member of the Association or, if they are not sent, the members may require that they be read out at the meeting.
19. CHEQUES
All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two of the following: the President, Vice President, Treasurer or the Executive Officer (EO).20. SEAL
(1) The common seal of the Association shall be kept in the custody of the Executive Officer (EO).
(2) The common seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the common seal shall be attested by the signatures of two of the following: the President, Vice President, Treasurer, or the Executive Officer (EO).
