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About Us > State Council > ICTEV Constitution
Constitution of the ICT in Education Victoria Inc
1. NAMEThe name of the incorporated association is the ICT IN EDUCATION VICTORIA INC. (in these rules called "the Association").
2. OBJECTIVES
2.1 The objectives:
| (i) | To provide a means of communication between persons interested in computers in education; |
| (ii) | To disseminate information about computers in education; |
| (iii) | To promote the recognition of the potential of the computer as a powerful aid to learning in a wide range of curriculum areas, to encourage research and development to realise the potential and to support the use of computers in teaching and learning; |
| (iv) | To improve computer literacy among students, teachers and the community in general; |
| (v) | To publish materials as a means of communication among members; |
| (vi) | To encourage and foster the publication and distribution of teaching papers and other information in the computer education field generally or with particular reference to the teaching of computer education curriculum; |
| (vii) | To promote the establishment of long term and short term interest groups; |
| (viii) | To foster the professional development and interests of its members; |
| (ix) | To provide a meeting ground and forum for members and for all persons connected with computers in education generally, including the arranging and conducting of regular meetings of teachers and others for hearing papers and discussion demonstrations and lectures and sponsoring, organising or arranging for visits by leaders in education; |
| (x) | To provide a meeting ground and forum for all persons whose views and positions or activities may assist in stimulating interest in computers in education and in developing methods of computer education in the State of Victoria; |
| (xi) | To promote co-operation between and undertake liaison with similar associations and with other associations of members of similar interest generally with the State of Victoria, other States of the Commonwealth of Australia and its territories and dependencies, and in other countries outside the Commonwealth of Australia; |
| (xii) | To establish a resource of people to assist and/or advise about computers in education; |
| (xiii) | To encourage research and development activities in the field of educational computing; |
| (xiv) | To facilitate exchange of ideas between education and industry; |
| (xv) | To promote the cause of computer education in a suitable manner; |
3. DEFINITIONS
3.1
| "Committee" | In these rules, unless the contrary intention appears"Committee" means the Committee of Management of the Association; |
| "Officers of the Association" | The term "Officers of the Association" is defined in Rule 22.1 (below). |
| "The Executive" | "The Executive" means the Officers of the Association; |
| "Acting President" | "Acting President" is a person acting in the place of the President according to Rule 27.6 (below). |
| "The Immediate Past President" | "The Immediate Past President" means the President of the Committee whose term expired after the previous election for the position of President. |
| "Financial Year" | "Financial Year" means the year ending 31st December; |
| "General Meeting" | "General Meeting" means a general meeting of members convened in accordance with Rule 13 (below); |
| "Member" | "Member" means a member of the Association whose name appears on the list of members; |
| "Individual Member" | "Individual Member" means a member being a natural person; |
| "Organisational Member" | "Organisational Member" means a member being an organisation or institution established for the purpose of providing education, or an incorporated body; |
| "Ordinary Member of the Committee" | "Ordinary Member of the Committee" means a member of the Committee who is not an Officer of the Association under Rule 22; |
| "The Act" | "The Act" means the Associations Incorporation Act 1981; |
| "The Regulations" | "The Regulations" mean Regulations under the Act. |
3.2 In these rules, a reference to the Secretary of the Association is a reference:
(i) Where a person holds office under these Rules as Secretary of the Association - to that person; and
(ii) In any other case, to the Public Officer of the Association.
3.3 For the purposes of these rules the "number of members" shall be determined from the number of members appearing on the list of members at that time.
3.4 Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958 and the Act as in force from time to time.
4.1 Membership of the Association shall be open to:
(i) Any individual interested in furthering the aims of the Association;
(ii) Any organisation defined in 3.1 (above);
4.2 An applicant for membership of the Association shall forward or cause to be forwarded to the Secretary or other person nominated by the Secretary for that purpose a signed application for membership on the form appearing in Appendix 2 or as prescribed by the Association from time to time, and with the appropriate annual subscription.
4.3 Subject to Rule 4.4 of this Rule, an applicant for membership shall become and be deemed to be a member of the Association as from the date of receipt by the Secretary of the application and appropriate annual subscription.
4.4 Upon receipt of the application, the Secretary shall have power to refer any application for membership to the next ordinary meeting of the Committee for consideration and the Committee shall determine whether to approve or to reject the application.
4.5 Upon an application being approved by the Committee, the Secretary shall, with as little delay as possible, notify the applicant in writing that the applicant is approved for membership of the Association.
4.6 The Secretary shall, upon receipt of the amount referred to in Rule 4.2, enter the applicant’s name in the register of members kept by the Secretary and, upon the name being so entered, the applicant becomes a member of the Association.
4.7 An Organisational Member shall nominate a natural person to act on its behalf. Such person will be entitled to the same rights, privilege and responsibilities as an Individual Member.
4.8 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 that membership whether by death, resignation, unfinancial status or otherwise.
5.1 As a mark of appreciation for specially meritorious service rendered to the Association, an Annual General Meeting of the Association may, on recommendation of the Committee, confer honorary life membership on any member provided that the person proposed to become an honorary member shall be a financial member of the Association.
5.2 An honorary life member shall not be liable for payment of any subscription or levies and shall be entitled to all the benefits and privileges of financial membership of the Association.
6. FEES AND SUBSCRIPTIONS
6.1 Applicants for membership shall not pay an entrance fee.
6.2 Separate subscription rates may be set for Individual Members and Organisational Members.
6.3 The annual subscription payable by members shall be such amount or amounts as may from time to time be determined by the Committee, provided that any such determination by the Committee shall only take effect from the first day of January next following the date of such determination.
6.4 Subscriptions shall be due on the first day of January in each year and must be paid by 31st March.
6.5 Any member, other than an honorary life member, who has not paid his or her annual subscription prior to 1st April shall be deemed to be no longer a member and be removed from the list of members.
7. REGISTER
OF MEMBERS
The Secretary
shall keep and maintain a register of members.
8. RESIGNATION
OF MEMBERS
8.1 A member of the Association who has paid all moneys due and payable by
him or her to the Association may resign from the Association by first
giving one month’s notice in writing to the Secretary of the intention
to resign and upon the expiration of that period of notice, the member
shall cease to be a member.
8.2 Upon the expiration of a notice given under Rule 8.1, the Secretary shall
make in the register of members an entry recording the date on which the
member by whom the notice was given ceased to be a member.
8.3 A member who has resigned is not entitled to a refund of the unused portion
of the annual subscription.
9. EXPULSION
OF MEMBERS OF THE ASSOCIATION
9.1 Subject to these rules, the Committee may by resolution:
(i) Expel
a member from the Association; or
(ii) Suspend
a member from membership of the Association for a specified period;
If the Committee
is of the opinion that the member:
(i) Has refused
or neglected to comply with these rules; or
(ii) Has
been guilty of conduct unbecoming of a member or prejudicial to the interests
of the Association.
9.2 A resolution of the Committee under Rule 9.1 (above):
(i) Does
not take effect unless the Committee, at a meeting held not earlier than
14 days and not later than 28 days after the service on the member of
a notice under Rule 9.3 (below) confirms the resolution is accordance
with this Rule; and
(ii) Where
the member exercises a right of appeal to the Association under this rule
does not take effect unless the Association confirms the resolution in
accordance with this Rule.
9.3 Where the Committee passes a resolution under Rule 9.1 (above), the Secretary
shall, as soon as practicable, cause to be served on the member a notice
in writing:
(i) Setting
out the resolution of the Committee and the grounds on which it is based;
(ii) Stating
that the member may address the Committee at a meeting to be held not earlier
than 14 days and not later than 28 days after the service of the notice;
(iii) Stating
the date, place and time of that meeting;
(iv) Informing
the member that he may do one of more of the following:
a. attend
that meeting;
b. give to
the Committee, before the date of that meeting a written statement seeking
the revocation of the resolution; and
c. not later
than 24 hours before the date of the meeting, lodge with the Secretary
a notice to the effect that he wished to appeal to the Association in
General Meeting, against the resolution.
9.4 At a meeting of the Committee held in accordance with Rule 9.2 (above),
the Committee:
(i) Shall
give to the member an opportunity to be heard; and
(ii) Shall
give due consideration to any written statement submitted by the member;
and
(iii) Shall
by resolution determine whether to confirm or to revoke the resolution.
9.5 Where the Secretary receives a notice under Rule 9.3 (iv) (c) (above) he
shall notify the Committee and the Committee shall convene a general meeting
of the Association to be held within 28 days after the date on which the
Secretary receives the notice.
9.6 At a General Meeting of the Association convened under Rule 9.5 above:
(i) No business
other than the question of the appeal shall be transacted;
(ii)The
Committee may place before the meeting details of the grounds for the
resolution and the reasons for the passing of the resolution;
(iii) The
member shall be given an opportunity to be heard; and (iv) the
members present shall vote by secret ballot on the question whether the
resolution should be confirmed or revoked.
9.7 If at the General Meeting:
(i) Two-thirds
of the members vote in person or by proxy in favour of the confirmation
of the resolution, the resolution is confirmed; and
(ii) In any
other case, the resolution is revoked.
10.1 The Association shall in each calendar year convene an Annual General Meeting of its members.
10.2 The Annual General Meeting shall be held on such a day as the Committee determines.
10.3 The Annual General Meeting shall be specified as such in the notice convening it.
10.4 The ordinary business of the Annual General Meeting shall be:
(i) To confirm the minutes of the last preceding Annual General Meeting and of any General Meeting held since that meeting;
(ii) To receive from the Committee reports upon the transactions of the Association during the last preceding financial year;
(iii) To elect officers of the Association and the ordinary members of the Committee; and
(iv) To receive and consider the statement submitted by the Association in accordance with Section 30 (3) of the Act.
10.5 The Annual General Meeting may transact special business of which notice is given in accordance with these Rules.
10.6 Five (5) per cent of members personally present (being members entitled under these Rules to vote at an Annual General Meeting) shall constitute a quorum for the transaction of the business of an Annual General Meeting.
10.7 No item of business shall be transacted at an Annual 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.
10.8 If, within half an hour after the appointed time for the commencement of the Annual General Meeting, a quorum is not present, 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 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 two (2) per cent of the membership) shall be a quorum.
10.9 The Annual General Meeting shall be in addition to any other General Meetings that may be held in the same year.
All General Meetings other than the Annual General Meeting shall be called Special General Meetings.
12. SPECIAL GENERAL MEETINGS
12.1 The Committee may, whenever it thinks fit, convene a Special General Meeting of the Association and where, but for this Rule, more than fifteen months would lapse between Annual General Meetings shall convene a Special General Meeting before the expiration of that period.
12.2 The Committee shall, on the requisition in writing of members representing not less than five (5) per cent of the total number of members, convene a Special General Meeting of the Association.
12.3 The requisition for a Special General Meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the Secretary and may consist of several documents in a like form, each signed by one or more of the members making the requisition.
12.4 If the Committee does not cause a Special General Meeting to be held within one month after the date on which the requisition is sent to the address of the Secretary, 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.
12.5 A Special General Meeting convened by members in pursuance of these Rules shall be convened in the same manner 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 members incurring the expenses.
13.1 The Secretary of the Association shall, at least fourteen (14) days before the date fixed for holding a Special General Meeting of the Association, cause to be sent to each member of the Association at that address appearing in the register of members, a notice by prepaid post, personal delivery, electronic mail or facsimile stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
13.2 No business other than that set out in the notice convening the meeting shall be transacted at the meeting, except as provided in Rule 13.3.
13.3 A member desiring to bring any business before a Special General Meeting may give notice of that business in writing to the Secretary at least 48 hours prior to the time of the meeting.
14. BUSINESS
14.1 Not less than five (5) per cent of members personally present (being members entitled under these Rules to vote at a Special General Meeting) shall constitute a quorum for the transaction of the business at a Special General Meeting.
14.2 No item of business shall be transacted at a Special 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.
14.3 If, within half an hour after the appointed time for the commencement of the Special 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 (unless another place is specified by the Chairperson at the time of 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 two (2) per cent of the membership) shall be a quorum.
15. CHAIR
15.1 The president, or in his/her absence, the Vice President, shall chair each General Meeting of the Association.
15.2 If the President and the Vice President are absent from a General Meeting, the members present shall elect one of their number to preside at the meeting.
16. ADJOURNMENTS
16.1 The Chair 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.
16.2 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.
16.3 Except as provided in Rule 16.1 and 16.2, it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
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 Chair shall be made 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 the effect in the Minute Book of the Association is evidence of the fact, without proof of the number of proportion of the votes recorded in favour of, or against, that resolution.
18. VOTING ENTITLEMENTS
18.1 Upon any question arising at a General Meeting of the Association, a member has one vote only.
18.2 Members that are an organisation shall carry an entitlement of one vote per organisation to be exercised by the organisation’s nominee.
18.3 All votes shall be given personally or by proxy.
18.4 In the case of an equality of voting on a question, the Chair of the meeting is entitled to exercise a second or casting vote.
19. POLLS
19.1 If at a 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 Chair may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
19.2 A poll that is demanded on the election of the Chair or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any question shall be taken at such time before the close of the meeting as the Chair may direct.
20. VOTING BY PROXY
20.1 Each member shall be entitled to appoint another member as his/her proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
20.2 The notice appointing the proxy shall be in the form set out in Appendix 1.
21. MANAGEMENT
21.1 The affairs of the Association shall be managed by a Committee of Management constituted as provided in Rule 22 below.
21.2 The Committee
(i) Shall control and manage the business and affairs of the Association;
(ii) 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;
(iii) 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.
21.3 All ICTEV employed staff shall be under the direct control of the Secretary. Appointment, termination and all conditions of employment of employed staff shall be determined by the Executive.
21.4 The employment of all persons engaged on a contractual basis by the ICTEV shall be under the control of the secretary.
22.1 The officers of the Association shall be:
(i) the President;
(ii) the Vice President;
(iii) the Treasurer;
(iv) the Secretary; and
(v) the Immediate Past President.
22.2 The provisions of Rule 25 (below) apply to the election of persons to any of the offices mentioned in Rule 22.1 (above) excepting the office of Immediate Past President.
22.3 Each officer of the Association shall hold office until the end of the Annual Meeting next after the date of election but is eligible for re-election.
22.4 In event of a casual vacancy in any Office referred to in Rule 22.1 (above) the Committee may appoint one of one of its members to the vacant office and the member so appointed may continue in office up to and including the conclusion of the Annual General Meeting next following the date of the appointment.
23. COMMITTEE COMPOSITION
23.1 Subject to Section 23 of the Act, the Committee shall consist of:
(i) The Officers of the Association;
(ii) Ten ordinary members;each of whom shall be elected at the Annual General Meeting of the association in each year; and
(iii) Up to five co-opted members selected in accordance with Rule 24 (below).
23.2 Members of the Committee shall, subject to these rules, hold office until the end of the Annual General Meeting next after the date of the election but shall be eligible for reelection.
23.3 Notwithstanding the provisions of Rule 23.2, the President shall hold office for two terms of the Committee, until the end of second Annual General Meeting after the date of his or her election but shall be eligible for re-election.
23.4 In the event of a casual vacancy occurring in the office of an Officer of the Association of an 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 Annual General Meeting next following the date of the appointment.
Co-opted members of the Committee shall be appointed by the Committee and must be members of the Association.
25. NOMINATION OF COMMITTEE MEMBERS
25.1 Nominations of candidates for election of officers of the Association or as ordinary members of the committee:
(i) 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);
(ii) Must be financial at the date of the close of nominations; and
(iii) Shall be delivered to the Secretary of the Association not less than three days before the date fixed for the holding of the Annual General Meeting.
25.2 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 Annual General Meeting.
25.3 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.
25.4 If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.
25.5 The ballot for the election of officers and ordinary members of the committee shall be conducted at the Annual General Meeting in such usual and proper manner as the Committee may direct.
26. VACATION OF OFFICE
For the purposes of these Rules, the office of an Officer of the Association or of any ordinary member of the Committee becomes vacant if the officer or member:
26.1 Ceases to be a member of the Association.
26.2 Becomes an insolvent under administration within the meaning of the Companies (Victoria) Code; or
26.3 Resigns from office by notice in writing given to the Secretary;
26.4 Is removed in accordance with Rule 30 below.
27. COMMITTEE MEETINGS
27.1 The Committee shall meet at least three times a year at such place and times as the Committee may determine.
27.2 Special meetings of the Committee may be convened by the President or by any four of the members of the Committee.
27.3 Notice shall be given to 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 st such a meeting.
27.4 Any eight members including at least two Officers of the Committee constitute a quorum for the transaction of business of a meeting of the Committee.
27.5 In circumstances when, in the opinion of the President or Acting President, it is not possible to convene a normal meeting of the committee to conduct urgent business, members of the committee may confer by means of telephone, electronic data transfer or some other appropriate means or by a poll conducted by telephone, electronic data transfer or facilime. In the case of an electronic conference, the President or Acting President shall take all reasonable steps to ensure that all members of the committee receive notice of the meeting and have an opportunity to take part. In the case of a poll, the motion to be decided must be moved and seconded and the question must be put to all members in an identical form. Decisions made in accordance with this rule have the same status as motions moved at a normal meeting of the Committee and shall be recorded in the minutes of the Association.
27.6 At meetings of the Committee:
(i) The President or in his/her absence the Vice President shall preside; or
(ii) If the President and the Vice President are absent, such one of the remaining members of the Committee as may be chosen by the members present shall preside.
27.7 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, by a poll taken in such manner as the person presiding at the meeting may determine.
27.8 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.
27.9 Written notice of each committee meeting shall be served on each member of the Committee by delivering it to him at a reasonable time before the meeting or by sending it by prepaid post, personal delivery, electronic mail or facimile addressed to him at his usual or last known place of abode at least five clear business days before the day of the meeting.
27.10 Subject to Rule 27.4 the Committee may act notwithstanding any vacancy on the Committee.
28.1 The Secretary 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 names of persons present at committee meetings.
29. MANAGEMENT OF FUNDS
29.1 The Treasurer of the Association:
(i) Shall be responsible for the collection and reception of all moneys due to the Association and make all payments authorised by the Association; and
(ii) Shall keep correct 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.
29.2 The accounts and books referred to in Rule 29.1 shall be available for inspection by members.
29.3 The accounts and books are to be audited each year and the auditor’s certificates shall be presented to the Annual General Meeting.
30. REMOVAL OF COMMITTEE MEMBER(S)
If a committee member is:
(i) Absent for three consecutive meetings of the Committee, without reasonable cause; or
(ii) Ceases to be a member of the Association; the position of that Committee member shall be deemed to be vacant, and shall be filled in accordance with the provisions Rule 23.3 (above).
31. CHEQUES
All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two persons authorised by the Committee, at least one of which must be a member of the Committee.
32. SEAL
32.1 The common seal of the Association shall be kept in the custody of the Secretary.
32.2 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 either of two members of the Committee or of one member of the Committee and of the Public Officer of the Association.
33. ALTERATIONS TO RULES
The rules of the Association shall not be altered except by resolution of an Annual General Meeting or a Special General Meeting convened for that purpose.
34. SERVICE AND POSTING
34.1 A notice may be served by or on behalf of the Association upon any member either personally or by sending it by post, electronic mail or facsimile to the member at his address shown in the Register of Members.
34.2 Where a document is properly addressed prepaid and posted to a person as a letter, electronic mail or facimile, the document shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of post.
In the event of the winding up or the cancellation of the incorporation of the Association the assets of the Association shall be disposed of in accordance with the provisions the Act.
36. CUSTODY OF BOOKS
Except as otherwise provided in these Rules, the Secretary shall keep in his custody or under his/her control all books, documents and securities of the Association.
37. FUNDS
The funds of the Association shall be derived from annual subscriptions, donations and such other sources as the Committee determines.
ICTEV -
ICT in Education Victoria formerly CEGV - Established 1978
Tel: 03 9349 3733 Fax: 03 9349 5356
Registration No. A0021926A ABN 86 970 163 407
Email:
ictev@ictev.vic.edu.au