The name of the incorporated association is "Catholic Education Business Administrators".
- Definitions and Interpretation
In these Rules: Act means the Associations Incorporation Act 1981 as amended from time to time;
Secondary School means a school with classes to Year 10 or beyond registered as a Secondary School, Junior Secondary School or Technical School and includes those schools so registered where primary classes are held.
Association means "Catholic Education Business Administrators Inc";
Business Administrator means a person entrusted with responsibility for the business administration of a Catholic educational Institution under its Principal;
Committee means the Committee of management of the Association;
Financial Year means the year ending on 30 June;
General Meeting means a General Meeting of Members convened in accordance with rule 13;
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 22;
President means the President of the Association;
Regulations means regulations under the Act;
Relevant Documents has the same meaning as in the Act;
Rules means these rules including the schedules (if any) and annexures (if any);
- if a person holds office under these Rules as Secretary of the Association - to that person; and
- in any other case, to the public officer of the Association;
- In these Rules, unless the context requires otherwise:
- the singular includes the plural and vice versa;
- a gender includes the other genders;
- the index (if any) and the headings are used for convenience only and do not affect the interpretation of these Rules;
- a reference to a thing includes a reference to a part of that thing;
- a reference to a document includes the document as modified from time to time and any document replacing it;
- if something is to be done on a day which is not a Business Day then that thing must be done on the next or following Business Day;
- the word "person" includes a natural person and any body or entity whether incorporated or not;
- the word "month" means calendar month and the word "year" means twelve months;
- the words "in writing" include any communication sent by letter, telex, facsimile transmission, or telegram;
- a reference to any statute, proclamation, rule, regulation or ordinance includes any amendments, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, regulation or ordinance replacing it. A reference to a specified section, clause, paragraph, schedule or item of any statute, proclamation, rule, regulation or ordinance means a reference to the equivalent section of the statute, proclamation, rule, regulation or ordinance which is for the time being in force;
- money amounts are stated in Australian currency unless otherwise specified; and
- a reference to any agency or body, if that agency or body ceases to exist or is reconstituted renamed or replaced or has its powers or functions removed ("defunct body"), means the agency or body which performs most closely the functions of the defunct body.
- In the event of a dispute regarding the interpretation of these Rules and the associated manual of procedures, such dispute will be referred to a sub-committee comprised of the President, Vice President and Secretary/Treasurer.
- The decision of the sub--committee formed under sub-rule in (b) on the question of interpretation shall be final.
The objects for which the Association is established are:
- To promote efficiency in the business administration of Catholic education by:
- providing opportunities for Members to discuss matters of mutual interest, especially those related to business administration of Catholic schools;
- actively seeking membership of any organisation having similar objects and deemed appropriate by the Committee for the purpose;
- liaising with similar and related organisations; and
- any other means deemed appropriate from time to time by the Committee.
- To advance the professional development of Business Administrators consistent with the above.
- To represent the industrial interests of Business Administrator members of the Association, engaged by a Victorian Catholic Secondary School, and to speak on their behalf to the Salaries and Conditions Board of the Catholic Education Commission of Victoria and other relevant bodies.
- Membership and Annual Subscription
- The Association will have the following categories of membership;
…(i) General Member
…(ii) Life Member
…(iii) Associate Member
…(iv) Consultant Member
- General Membership shall be open to;
…(i) Business Administrators, or
…(ii) Persons employed on a permanent or contract basis in Catholic education in Australia whose primary role is to provide administrative support for the educational institution they are employed by, or
…(iii) Such other persons as the Committee shall from time to time determine.
- General Members shall be required to pay an annual subscription fee as determined each year. Members who have paid their annual subscription fee shall be entitled to:
…(i) Attend and vote at General Meetings,
…(ii) Stand for Committee or Office Holder positions.
- Life Membership shall be open to those persons recognised by the Association under Clause 7. Honorary Life Members shall not be required to pay an annual subscription fee and will be entitled to:
…(i) Attend and vote at General Meetings,
…(ii) Stand for Committee or Office Holder positions.
- Associate Membership is available to those persons who are not employed directly in Catholic education but who are employed in other Catholic Church related operating under the auspices of the Bishops Office or the Australian Catholic Bishops Conference (ACBC).
Associate Members shall be required to pay an annual subscription fee as determined each year. Members who have paid their annual subscription shall be entitled to attend, but not vote, at General Meetings. Such members are not eligible for Committee or Office Holder positions.
- Consultant Membership is available to persons providing direct support on a locum or consultancy basis to Catholic schools. To be eligible for this category a person must have at least three years relevant experience in Catholic Education, including some period of CEBA membership.
Consultant Members shall be required to pay an annual subscription fee as determined each year. Members who have paid their annual subscription shall be entitled to attend, but not vote, at General Meetings. Such members are not eligible for Committee or Office Holder positions.
- IA person who applies and is approved for 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.
- A person who is not a Member of the Association at the time of the incorporation of the Association (or who was a Member at that time but has ceased to be a Member) must not be admitted to Membership unless:
…(i) he or she applies for Membership in accordance with sub-rule (i); and
…(ii) the admission as a Member is approved by the Committee.
- An application of a person for Membership of the Association must:
…(i) be made in writing in such form as the Committee prescribes from time to time; and
…(ii) be lodged with the Secretary/Treasurer of the Association.
- As soon as practicable after the receipt of an application, the Secretary/Treasurer must refer the application to the Committee.
- The Committee must determine whether to approve or reject the application.
- If the Committee approves an application for Membership, the Secretary/Treasurer must, as soon as practicable:
…(i) notify the applicant in writing of the approval for Membership; and
…(ii) request payment within 28 days after receipt of the notification of the sum payable under these Rules as the first year's annual subscription.
- The Secretary/Treasurer must, within 28 days after receipt of the amounts referred to in sub-rule (g), enter the applicant's name in the register of Members.
- An applicant for Membership becomes a Member and is entitled to exercise the rights of Membership when his or her name is entered in the register of Members.
- If the Committee rejects an application, the Committee must, as soon as practicable, notify the applicant in writing that the application has been rejected.
- A right, privilege, or obligation of a person by reason of Membership of the Association:
…(i) is not capable of being transferred or transmitted to another person; and
…(ii) terminates upon the cessation of Membership whether by death or resignation or otherwise.
- The annual subscription is the relevant amount as set at each Annual General Meeting and is payable in advance on or before 1 July in each year.
- A Member that has not paid the annual subscription 2 months after it is payable in accordance with these Rules becomes a non-financial member and is not entitled to vote at a general meeting of the Association.
- Register of Members
- The Secretary/Treasurer must keep and maintain a register of Members containing:
- the name and address of each Member; and
- the date on which each Member's name was entered in the register.
- The register is available for inspection free of charge by any Member upon request.
- A Member may make a copy of entries in the register.
- The Secretary/Treasurer may maintain the register in a digital format using the Association’s website with confidential member access to the register.
- Ceasing Membership
- A Member of the Association who has paid all moneys due and payable by a Member to the Association may resign from the Association by giving one month's notice in writing to the Secretary of his or her intention to resign.
- After the expiry of the period referred to in sub-rule (a):
- the Member ceases to be a Member; and
- the Secretary/Treasurer must record in the register of Members the date on which the Member ceased to be a Member.
- Honorary Life Membership
- The Committee of Management may, by a two-thirds majority vote of all the members elected to the Committee, confer honorary life membership in the Association on any person deemed to have made a significant contribution to the Association and to Catholic education.
- A candidate for honorary life membership must be proposed in writing to the Committee and can only be approved if the person nominated satisfies sub-clause (a) and fulfils the criteria specified in the By-Laws of the Association.
- Honorary life members shall not be required to pay the annual subscription and are entitled to vote at a General Meeting.
- Discipline, Suspension and Expulsion of Members
- 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:
- suspend that Member from Membership of the Association for a specified period; or
- expel that Member from the Association.
- A resolution of the Committee under sub-rule (a) does not take effect unless:
- at a meeting held in accordance with sub-rule (c), the Committee confirms the resolution; and
- if the Member exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with this rule.
- A meeting of the Committee to confirm or revoke a resolution passed under sub-rule (a) 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 (d).
- For the purposes of giving notice in accordance with sub-rule (c), the Secretary/Treasurer must, as soon as practicable, cause to be given to the Member a written notice:
- setting out the resolution of the Committee and the grounds on which it is based; and
- 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
- stating the date, place and time of that meeting; and
- informing the Member that he or she may do one or both of the following:
- attend that meeting;
- give to the Committee before the date of that meeting a written statement seeking the revocation of the resolution;
- 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/Treasurer a notice to the effect that he or she wishes to appeal to the Association in General Meeting against the resolution.
- At a meeting of the Committee to confirm or revoke a resolution passed under sub-rule (a), the Committee must:
- give the Member, or his or her representative, an opportunity to be heard; and
- give due consideration to any written statement submitted by the Member; and
- determine by resolution whether to confirm or to revoke the resolution.
- 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/Treasurer a notice to the effect that he or she wishes to appeal to the Association in General Meeting against the resolution.
- If the Secretary/Treasurer receives a notice under sub-rule (f), 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.
- At a General Meeting of the Association convened under sub-rule (g):
- no business other than the question of the appeal may be conducted; and
- the Committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
- the Member, or his or her representative, must be given an opportunity to be heard; and
- the Members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
- 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.
- Disputes and Mediation
- The grievance procedure set out in this rule applies to disputes under these Rules between:
- a Member and another Member; or
- a Member and the Association.
- 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.
- 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.
- The mediator must be:
- a person chosen by agreement between the parties; or
- in the absence of agreement:
- in the case of a dispute between a Member and another Member, a person appointed by the Committee of the Association; or
- 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).
- A Member of the Association can be a mediator.
- The mediator cannot be a Member who is a party to the dispute.
- The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
- The mediator, in conducting the mediation, must:
- give the parties to the mediation process every opportunity to be heard; and
- allow due consideration by all parties of any written statement submitted by any party; and
- ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
- The mediator must not determine the dispute.
- 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.
- Annual General Meetings
- The Committee may determine the date, time and place of the Annual General Meeting of the Association.
- The notice convening the Annual General Meeting must specify that the meeting is an Annual General Meeting.
- The ordinary business of the Annual General Meeting shall be:
- to confirm the minutes of the previous Annual General Meeting and of any General Meeting held since that meeting; and
- to receive from the Committee reports upon the transactions of the Association during the last preceding Financial Year; and
- to elect officers of the Association and the Ordinary Members of the Committee; and
- to receive and consider the statement submitted by the Association in accordance with the Act; and
- to fix the annual subscription for the next year.
- The Annual General Meeting may conduct any special business of which notice has been given in accordance with these Rules.
- Special General Meetings
- In addition to the Annual General Meeting, any other General Meetings may be held in the same year.
- All General Meetings other than the Annual General Meeting are Special General Meetings.
- The Committee may, whenever it thinks fit, convene a Special General Meeting of the Association.
- If, but for this rule, more than 15 months would elapse between Annual General Meetings, the Committee must convene a Special General Meeting before the expiration of that period.
- The Committee must, on the request in writing of at least 10 Members, convene a Special General Meeting of the Association.
- The request for a Special General Meeting must:
- state the objects of the meeting; and
- be signed by the Members requesting the meeting; and
- be sent to the address of the Secretary.
- If the Committee does not cause a Special General Meeting to be held within one month after the date on which the request is sent to the address of the Secretary/Treasurer, the Members making the request, or any of them, may convene a Special General Meeting to be held not later than 3 months after that date.
- If a Special General Meeting is convened by Members in accordance with this rule, it must be convened in the same manner so far as possible as a meeting convened by the Committee and all reasonable expenses incurred in convening the Special General Meeting must be refunded by the Association to the persons incurring the expenses.
- Special Business
All business that is conducted at a Special General Meeting and all business that is conducted at the Annual General Meeting, except for business conducted under these Rules as ordinary business of the Annual General Meeting, is deemed to be special business.
- Notice of General Meetings
- The Secretary/Treasurer of the Association, at least 14 days, or if a special resolution has been proposed at least 21 days, before the date fixed for holding a General Meeting of the Association, must cause to be sent to each Member of the Association, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting. This task may be delegated by the Secretary/Treasurer or President to the Executive Officer.
- Notice may be sent by post, email or fax to the address appearing in the register of Members.
- No business other than that set out in the notice convening the meeting may be conducted at the meeting.
- A Member intending to bring any business before a meeting may notify in writing, or by electronic transmission, the Secretary/Treasurer of that business, who must include that business in the notice calling the next General Meeting.
- Quorum at General Meetings
- No item of business may be conducted at a General Meeting unless a quorum of Members entitled under these Rules to vote is present at the time when the meeting is considering that item.
- Twenty-five percent of the total number of Members or twenty-five Members (being Members entitled under these Rules to vote at a General Meeting) whichever is the lesser constitute a quorum for the conduct of the business of a General Meeting.
- If, within half an hour after the appointed time for the commencement of a General Meeting, a quorum is not present:
- in the case of a meeting convened upon the request of Members - the meeting must be dissolved; and
- in any other case - the meeting shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairperson 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.
- 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 personally present (being not less than 3) shall be a quorum.
- Presiding at General Meetings
- The President, or in the President's absence, the Vice-President, shall preside as Chairperson at each General Meeting of the Association.
- If the President and the Vice-President are absent from a General Meeting, or are unable to preside, the Members present must select one of their number to preside as Chairperson
- Adjournment of Meetings
- The person presiding may, with the consent of a majority of Members present at the meeting, adjourn the meeting from time to time and place to place.
- No business may be conducted at an adjourned meeting other than the unfinished business from the meeting that was adjourned.
- If a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given in accordance with rule 13.
- Except as provided in sub-rule (c), it is not necessary to give notice of an adjournment or of the business to be conducted at an adjourned meeting.
- Voting at General Meetings
- Upon any question arising at a General Meeting of the Association, a Member has one vote only.
- All votes must 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.
- A Member is not entitled to vote at a General Meeting unless all moneys due and payable by the Member to the Association have been paid, other than the amount of the annual subscription payable in respect of the current Financial Year.
- Poll at General Meetings
- If at a meeting a poll on any question is demanded by not less than 3 Members, it must 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 must be taken immediately and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the Chairperson may direct.
- Attendance at General Meetings
Each Catholic Education Office in the State of Victoria may nominate a person to attend General Meetings as an observer and to act as a spokesperson on behalf of their appointor. Such nominated person shall have no voting rights and shall not be counted for the purposes of a quorum.
- Manner of Determining whether Resolution Carried
If a question arising at a General Meeting of the Association is determined on a show of hands:
- a declaration by the Chairperson that a resolution has 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 proof of the number or proportion of the votes recorded in favour of, or against, that resolution.