About ACSP

 QUALIFICATIONS

i) a person has been appointed as a Principal of a Catholic school in NSW , or

ii) a person has been appointed as the Principal or Head of a department of a school ordinarily designated as the Primary school provided that the school is not designated a "central" school.

 

ADMISSION

4. A qualified person shall be admitted as an ordinary member of the Association if:

i) an application for membership in the prescribed form has been lodged with the Secretary of the Association and the annual subscription has been paid in advance. (The prescribed form and the quantum of the annual subscription shall be as determined by the Committee from time to time as provided in Clause 10. a), and

ii) the Committee at its next Ordinary Meeting resolves that the name of the qualified person be added to the register of members, and

 

iii) the person is a natural person.

5. a) A person shall be admitted as a special member of the Association if:

i) a special resolution of the Annual General Meeting of the Association determines that the person be so admitted, and

ii) the person's name is added to the register of members.

 

b) The categories of special membership shall be:

 

i) Life members.

 

ii) Honorary members.

c) The category of special membership shall be recommended to the Annual General Meeting by the Committee in office immediately prior to the holding of the Annual General Meeting.

 

d) A person admitted as a special member shall be:

 

i) exempted from payment of an annual subscription.

 

ii) ineligible to vote at General Meetings.

iii) ineligible to be elected to a position on the Committee of the Association.

 

CESSATION OF MEMBERSHIP

6. a) A person ceases to be a member of the Association if the person:

 

i) dies.

 

ii) resigns that membership.

iii) is expelled from the Association by a simple majority of votes cast at a General Meeting of the Association convened for that purpose.

iv) fails to renew the annual subscription of fees within three (3) months of the end of each financial year of the Association.

 

v) ceases to be qualified in accordance with Clause 3.

b) As soon as practical after a person ceases to be a member of the Association the Secretary, or failing a person holding that office, the public officer of the Association, shall note the cessation of membership in the register of members pursuant to the requirements of the Act.

 

 

MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE

7. A right, privilege or obligation which a person has by reason of being a member of the Association:

i) is not capable of being transferred or transmitted to another person.  
ii) terminates upon cessation of the person's membership.

RESIGNATION OF MEMBERSHIP

8. a) A member of the Association may resign membership by notice in writing of the member's intention to so do.

b) The notice shall be directed to the President of the Association who shall inform the Committee at the next Meeting of the Committee.

c) The Committee shall accept any notice of resignation so tendered and which shall be effective from the date of the Meeting of the Committee.

 

REGISTER OF MEMBERS

9. a) The Secretary of the Association or if no person holds that office, the Public Officer of the Association, shall establish and maintain a register of members of the Association specifying the name and address of each person who is a member of the Association together with the date on which the person became a member.

b) The register of members shall be kept at the principal place of administration of the Association and shall be open for inspection free of charge by any member of the Association or any statutory authority entitled to do so, at any reasonable hour.

 

 

FEES AND SUBSCRIPTIONS

10. a) The annual membership subscription shall be set by the Committee.

b) The annual membership shall be paid in the second term of each school year unless a change is advertised in writing by the Committee.

c) Nothing in the foregoing clauses shall prevent the Committee from establishing fees and charges on a cost recovery basis for additional extraordinary services or events such as conferences, colloquia or other professional development opportunities established in furtherance of the aims of the Association.

 

 

MEMBERS LIABILITIES

11. The liability of a member of the Association to contribute towards the payment of the debts and liabilities of the Association or the cost, charges and expenses of the winding up of the Association is limited to the amount, if any, unpaid by the member in respect of membership of the Association as provided in Clause 6. a) iv).

 

 

 

DISCIPLINING OF MEMBERS

12. The procedure for disciplining members shall be determined by the Committee. Anyone who wishes to appeal against a decision, refusing membership, expelling a person from membership or otherwise disciplining a member or members may do so at the next General Meeting of the Association.

 

PART THREE THE COMMITTEE

 

 

 

MANAGEMENT BY COMMITTEE

 

 

13. a) The Association shall have its affairs controlled and managed by the office bearers and other members known as the Committee.

b) The office bearers shall consist of a President, a Secretary, a Treasurer, a Primary Chairperson and a Secondary Chairperson; these positions are to be decided by the Committee.

c) Nothing in the foregoing shall prevent the same person holding the position of President and either Primary or Secondary Chairperson.

d) The Committee shall be composed of 10 members as follows pursuant to the nomination and election procedures set out in Clause 13.

i) Five (5) Primary members of whom two (2) shall be Principals of schools in Archdioceses and Dioceses of NSW, other than Sydney, Parramatta and Broken Bay (hereinafter called "country schools"), of whom one (1) Principal shall be from a country diocese of 40 schools or fewer and one (1) Principal from a country diocese with more than forty schools, and three (3) shall be Principals of schools in the Archdiocese and Dioceses of Sydney, Parramatta and Broken Bay, (hereinafter called the "metropolitan schools").

ii) Five (5) Secondary members of whom at least one (1) Principal shall be from a "non-systemic" school, one (1) from a systemic school, one (1) from a country diocese of 10 schools or fewer, one (1) from a country diocese of more than 10 schools and one (1) from the metropolitan dioceses.

e) The procedures for the election of the Committee shall be as follows:

i) Elections shall be held each alternate year commencing in 1994.

 

ii) Only financial members are eligible to vote or to be nominated.

iii) In Term Two in an election year the Executive will appoint a Returning Officer to facilitate the nomination and election process.

f) The Committee shall be elected in the following manner:

i) A list of all financial members shall be posted to each member of the Association together with a closing date for the reception of nomination.

ii) Each member may nominate from the list of names of financial members provided that:

a) Secondary Principals may nominate up to five persons from the names of secondary principals included in the list.

b) Primary Principals may nominate up to five persons from the names of primary principals included in the list.

c) Central School Principals may nominate up to ten persons whose names are in the list of financial members, provided that not more than five names are those of Secondary Principals and not more than five names are those of Primary Principals.

iii)

 

b) The Primary/Central component of the short-list shall ideally include three (3) names of Principals from country dioceses with 40 schools or fewer; three (3) Principals from country dioceses with more than 40 schools and nine (9) shall be Principals from metropolitan schools.

c) The Secondary/Central component of the short-list ideally includes at least three (3) names of Principals from country dioceses with 10 schools or fewer, at least three (3) names of Principals from country dioceses with more than 10 schools and six (6) names of Principals from metropolitan dioceses.

d) Prior to the publication of the short-list, each person whose name is included in the short-list shall upon enquiry, signify to a member of the Committee the person's willingness to accept nomination.

e) The publication of the short-list shall be effected by post to the address of each member of the Association and shall be accompanied with a short statement outlining the professional experience and present position of each nominated, short-listed member, together with a ballot paper drawn up by the Committee and a closing date for the return of the completed ballot papers.

 

a) Ballot papers containing less than ten (10) names, provided that not more than five is included from either the primary or secondary component, shall be valid.

b) Ballot papers containing more than 10 names or more than five (5) names from either the primary or secondary component of the short-list shall be invalid.

v)

 

b) In the event of a tied result for a last position in each category, the tie shall be drawn, by lot, by the President of the Association.

vi) The Committee shall minute the results of the ballot and record the order of magnitude of votes gained by each nominated member in each category including ties in the order of magnitude of votes received.

vii) The declaration of the ballot shall be by post to the address of each member of the Association.

g) Each member of the Committee shall hold office from the first day of the school year following the member's election: retiring members shall remain in office until the day preceding the first day of the school year following the biannual elections.

h) Retiring members of the Committee are eligible to be re-elected provided that they may serve only two (2) terms consecutively.

i) The Committee shall meet at least once each term and may determine such other Meeting or Meetings of Sub-Committees as it judges appropriate for the furtherance of the objects of the Association.

j) The quorum for Meetings of the Committee shall be one half the number of Committee members elected in accordance with the provisions set out in Clause 13. f).

k) Notice of Committee Meetings shall be given at the previous Committee Meetings or by such other means as the Committee may decide upon.

 

1) A member of the Committee shall cease to hold office:

i) if the person ceases to be a member of the Association
[Clause 6. a)]:

ii) upon giving notice in writing of resignation from the Committee, or

iii) if by reason of absence from three successive Committee Meetings not approved by the Committee, the member is removed by resolution of the Committee.

m) The Committee may function validly provided its number is not reduced below the quorum. Should the number of Committee members fall below the quorum, the remaining Committee members may act only to appoint new Committee members.

n) In the event of a casual vacancy occurring for any reason, the position is filled by the person who received the next highest position in the order of magnitude in each category as appropriate and set out in accordance with Clause 13. d) provided that a person excluded by the lot drawn under the provisions of 13. e) v) b) shall be deemed to be the person occupying the highest remaining position in the order of magnitude of votes received in the particular category.

o) Questions arising at any Meeting of the Committee shall be decided either by the agreement of the members or failing agreement by the majority of votes cast of those present in a ballot called for by any member of the Committee. In case of an equality of votes, the person appointed to chair the Meeting shall have a second or casting vote.

p) The Committee shall do all things necessary and, in its judgement, desirable, to further the objectives of the Association and to discharge the obligations of the Association as determined by law.

 

 

 

PART FOUR GENERAL MEETINGS

14. a)

  

 

ii) The Association shall hold its first Annual General Meeting:

a) within the period of 18 months after its incorporation under the Act, and

b) within the period of 2 months after the expiration of the first financial year of the Association.

c) Clauses 14. a) ii) a) and 14. a) ii) b) have effect subject to any extension or permission granted by the Commission under section 26 (3) of the Act.

b) All members including special members shall be notified in writing to their address of the calling of an Annual General Meeting at least
two (2) months prior to the date appointed for the Meeting.

c) The Committee shall determine the date and venue of the Annual General Meeting and shall at the time of notifying the date and venue, call for Notices of Motions of Business proposed for inclusion in the agenda.

d) 

ii) A Special General Meeting must be convened by the Committee within sixty (60) days of receiving a written request to do so from at least twenty percent of the membership.

e) At least fourteen (14) day's notice of all General Meetings shall be given to members. In the case of General Meetings, where a special resolution is to be proposed, notice of the Meeting shall be given to members at least twenty one (21) days before the Meeting.

f) In the case of the Annual General Meeting the following business shall be transacted:

i) Confirmation of the minutes of the last Annual General Meeting and any recent Special General Meeting.

ii) Receipt of the Committee's Report upon the activities of the Association in the last financial year.

iii) Receipt and consideration of a statement from the Committee which is not misleading and gives a true and fair view of the last financial year of the Association's:

a) income and expenditure,

b) assets and liabilities,

c) mortgages, charges and other securities,

d) trust properties.

g) The quorum for a General Meeting shall be twice the number of the Executive present in person. If within half an hour from the time appointed for the General Meeting a quorum is not present, the Meeting, if convened pursuant to Clause 14. d) ii) shall be dissolved.

h) Voting in General Meetings shall be by a show of hands unless a secret ballot is demanded. The Chair shall accede to any such demand. Decisions shall be made by a simple majority of votes cast except for those matters which must be decided by special resolution where a three quarter majority is required.

 

i) All votes must be given personally and cannot be given by proxy.

j) In the case of an equality of votes, the person appointed to chair the General Meeting shall have a second or casting vote.

k) All resolutions passed at properly called and constituted General Meetings of the Association shall be conclusive and binding on all members of the Association.

l) Accidental failure to notify a member of a General Meeting or its agenda shall not invalidate any resolution passed at such a Meeting.

OFFICE BEARERS

 

15. a) The President shall act as Chairperson at each General Meeting and Committee Meeting of the Association.

b) If the President is absent from a Meeting or unwilling to act, the members present at the Meeting shall elect one of their number to act as Chairperson.

c) The Secretary shall keep records of the business of the Association, including the rules, register of members, minutes of all General and Committee Meetings and a file of correspondence.

d) The Treasurer shall ensure that all money received by the Association is paid into an account in the Association's name. Payments shall be made through a petty cash system or by cheque signed by two (2) signatories authorised by the Committee. Major or unusual expenditure shall be authorised in advance by the Committee or a General Meeting.

e) The Treasurer shall ensure that correct books and accounts are kept showing the financial affairs of the Association. These records shall be available for inspection by any member and shall be held in the custody of the Treasurer.

 

 

SPECIAL RESOLUTIONS

16. a) A special resolution must be passed by the General Meeting of the Association to effect the following changes:

 

 

i) a change of the Association's name;

 

ii) a change of the Association's rules;

 

iii) a change of the Association's objects;

 

iv) an amalgamation with another Incorporated Association;

v) to voluntarily wind up the Association and distribute its property;

v) a) Upon a resolution to dissolve the Association being passed, all assets and funds of the organisation on hand shall, after the payment of all expenses and liabilities,
be handed over to such registered or exempted charities which have been approved by the Commissioner of Taxation for the purposes of item 63A in the First Schedule to the Sales Tax (Exemptions and Classifications) Act as a simple majority of the members at a General Meeting may decide.

 

vi) to apply for registration as a Company or a Co-operative.

 

b) A special resolution shall be passed in the following manner:

i) a notice must be sent to all members advising that a General Meeting is to be held to consider a special resolution;

ii) the notice must give details of the proposed special resolution and give at least twenty one (21) days' notice of the Meeting;

 

iii) a quorum must be present at the Meeting;

iv) at least three-quarters of those present must vote in favor of the resolution;

v) in situations where it is not possible or practicable for a resolution to be passed as described above, a request may be made to the Department of Consumer Affairs or its successor for permission to pass the resolution in some other way.

PUBLIC OFFICER

 

17. a) The Committee shall ensure that a person is appointed as Public Officer.

b) The first Public Officer shall be the person who completed the application for incorporation of the Association. Thereafter the Public Officer shall be a member of the Committee.

c) The Committee may at any time remove the Public Officer and appoint a new Public Officer provided the person appointed is 18 years of age or older and a resident of New South Wales and is a member of the Committee.

d) The Public Officer shall be deemed to have vacated the position in the following circumstances:

 

i) death

 

ii) resignation

 

iii) removal by the Committee or at a General Meeting

 

iv) bankruptcy or financial insolvency

 

v) mental illness

 

vi) residency outside New South Wales

 

vii) ceasing to be a member of the Committee.

e) When a vacancy occurs in the position of Public Officer, the Committee shall within fourteen (14) days notify the Department of Consumer Affairs or its successor by the prescribed form and appoint a new Public Officer.

f) The Public Officer is required to notify the Department of Consumer Affairs or its successor by the prescribed form in the following circumstances:

 

i) appointment (within 14 days).

 

ii) a change of residential address (within 14 days).

iii) a change in the Association's object or rules (within one month).

 

iv) a change in the membership of the Committee (within 14 days).

v) of the Association's financial affairs (within one month after the Annual General Meeting).

vi) a change in the Association's name (within one month).

 

PART FIVE MISCELLANEOUS

 

 

 

 

 

INSURANCE, INVESTMENT, COMMON SEAL

18. a) The Association shall effect and maintain insurance as it required under the Act together with any other insurance which may be required by law or regarded as necessary by the Association.

b) The funds of the Association shall be derived from the fees of members, donations, grants and such other sources provided by the Association.

c) The Common Seal of the Association shall be kept in the custody of the Secretary and shall only be affixed to a document with the approval of the Committee. The stamping of the Common Seal shall be witnessed by the signatures of two (2) members of the Committee.

d) The Association may at any time pass a special resolution determining how any surplus property is to be distributed in the event that the Association should be wound up. The distribution of surplus property shall be in accordance with Section 53 of the Act.

e) Service of documents on the Association is effected by serving them on the Public Officer or by serving them personally on two (2) members of the Committee.

 

f) Funds of the Association shall be managed by the Committee.

g) The financial records of the Association shall be maintained by the Treasurer and all other records of the Association shall be maintained and kept by the Secretary provided that any such records of the Association may be stored at such place as is determined by the Committee from time to time. The financial and other records and registers of the Association shall be available for inspection by the members at their place of storage as determined by the Committee at all reasonable times upon request by any member.

 

AUDITOR

19. The Association shall appoint an auditor who shall be elected at the Annual General Meeting. The Auditor shall examine all accounts, vouchers, receipts, books, etc. and furnish a report thereon to the members at the Annual General Meeting. Audits shall be conducted at regular intervals of not more than twelve (12) months.