College Rules

Table of Provisions

Part 1- Preliminary
1.1 Name
1.2 Interpretation and Glossary of terms
1.3 Objectives
1.4 Powers

Part 2- Membership
2.1 General
2.2 Admission and rejection of members
2.3 Membership Requirements
2.4 Cessation of membership
2.5 Resignation of membership
2.6 Fee, subscriptions etc
2.7 Liability of members
2.8 Enquiry into Professional Standards
2.9 Right of appeal
2.10 Changes to the Code of Conduct and Enquiry Procedures

Part 3 - Ruling Bodies
3.1 The Council
3.2 Election of Council Officers
3.3 Removal from Council positions
3.4 Proxies
3.5 The National Executive
3.6 Vacancies on the National Executive
3.7 Branches of the College
3.8 Election of Branch Committee members
3.9 Branch Secretary
3.10 Branch Treasurer
3.11 The Branch Student Co-ordinator
3.12 Committee Vacancies
3.13 Removal of committee members
3.14 Branch Committee meetings and quorum
3.15 Delegation by Branch committee to sub-committee
3.16 Voting
3.17 Making decisions
3.18 Appointment of proxies
3.19 Suspension of Branches

Part 4 - Meetings
4.1 Annual General Meetings - holding of
4.2 Council Annual General Meetings - calling of and business
4.3 Branch Annual General Meetings - calling of and business
4.4 Special General Meetings - calling of and business at
4.5 General Meetings - notice of Annual General Meetings and Special General Meetings
4.6 Duties and responsibilities of Branches for Annual General Meetings and Special General Meetings
4.7 Presiding member
4.8 Adjournment

Part 5- Miscellaneous
5.1 Funds - source
5.2 Funds - management
5.3 Alteration of Constitution and College Regulations
5.4 Custody of books
5.5 Inspection of books
5.6 Service of notice
5.7 Surplus property

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Part 1- Preliminary

1.1 Name

The name of this incorporated association shall be, The Australian College of Psychologists Inc., hereafter called the College

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1.2 Interpretation and Glossary of terms

1.2.1

In this constitution, unless a contrary intention appears -

  1. "Financial year" means the year ending 30 June;
  2. "Financial Member" means a member, however described, of the College;
  3. "Voting member" means a Fellow, Full member, Training member or Intern member.
  4. "Ordinary committee member" means a member of the committee who is not an office-bearer of the College
  5. "National Secretary" means the person holding office under these rules as Secretary of the Executive of the College or where no person holds that office, the Public officer of the College;
  6. The abbreviation "ACP" and the term "the College" shall be taken to mean the Australian College of Psychologists Incorporated:
  7. "The Act" means the Associations Incorporation Act 1991; ACT
  8. "The Associations Regulations" means the Associations' Incorporation Regulations.
  9. "Regulations" or "College Regulations" means the Regulations of the ACP as appended to this document.
  10. "Code of Conduct" means the Code of Conduct of the ACP as appended to this document
  11. "Council" means the policy making body composed of the Presidents of the Branches and members nominated by each Branch at the Annual General meeting.
  12. "National Executive" means the group elected at the Council to administer the work of the College that is generated between meetings.
  13. "Branch" means the group of members that form in a locality with the approval of the Council.
  14. "Committee meeting" means the business that is conducted at a meeting to keep the Branch functional
  15. "General meeting" means any meeting called for members to discuss business such as "Professional Development Meeting" or "peer review meetings"

1.2.2

In this constitution-

  1. a reference to a function includes a reference to a power, authority and duty; and
  2. a reference to the exercise of a function includes, where the function is a power, authority or duty, a reference to the exercise of the power of authority or the performance of the duty.

1.2.3

For the purposes of this constitution, Clinical Psychology is defined as involving psychologists in direct contact with a client or patient or organisation in either a therapeutic or assessment role as distinct from a teaching, research, managerial or administrative role

1.2.4

The provisions of the Interpretation Act 1967 apply to and in respect of this constitution in the same manner as those provisions would so apply if these rules were an instrument made under the Act.

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1.3 Objectives

The objectives for which the College is established are:

  1. The Australian College of Psychologists is a non-profit professional association devoted to the support and development of psychologists in clinical practice in Australia.
  2. The College is committed to psychology as a profession, a social science and as a means of promoting human welfare.
  3. The College aims to protect the interests of members, their clients and patients by monitoring and advancing professional standards of clinical practice through training, supervision and peer review.
  4. The College aims to promote excellence in the practice of clinical psychology by providing opportunities for members to share knowledge, expertise and experience in a mutually supportive way.
  5. The College aims to encourage members to strive for excellence in the conduct of the affairs, functions and activities of the College.
  6. The College is committed to the development and assistance of students who intend to undertake a career in psychology with specialisation in clinical work.

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1.4 Powers

1.4.1 Powers of the College

The College has, in the exercise of its affairs, all the powers of an individual. The College may for example

  1. Enter into contracts and
  2. Acquire, hold, deal with and dispose of any property and
  3. Make charges for services and facilities it supplies and
  4. Do other things necessary or convenient to be done to carrying out its affairs

1.4.2 Powers of the Ruling Bodies

1.4.2.1 Powers of Council

The College has, in the exercise of its affairs, all the powers of an individual. The College may for example

  1. The Council is the sole policy and decision making body.
  2. The Council holds power of veto over any resolution, action or appointment exercised by a Branch or Branch committee.
  3. The Council may delegate powers and responsibilities to the National Executive and the Branches as deemed necessary to carry out the affairs of the College.
  4. Council has the power to call annual and special general meetings.
  5. Council can determine annual fees at its annual general meeting.
  6. Council ratifies the nominations for Fellow that have been submitted by the Branch.
  7. No open-ended contracts may be entered into. Contracts may not be longer than 18 months without renewed approval. When entering a contract the majority of Branches need to give approval when the amount involved is above $5000 and beyond a two month period.

1.4.2.2 Powers of the National Executive

  1. The National Executive can undertake to determine the strategies for implementing decisions made at Council.
  2. The National Executive can respond to extraordinary events that affect the Professional well-being of members with decisions ratified at the next Council general meeting.
  3. The National Executive can determine the manner in which business operation is conducted.
  4. The National Executive can make nominations for Fellows.

1.4.2.3 Powers of the Branch Committees

  1. The Branch Committees determine the acceptance or rejection of members.
  2. The Branch Committees determine the Professional Development Program for their respective Branches.
  3. The Branch Committees determine the events necessary to develop collegiate support for members.
  4. Branch has the power to call annual and special general meetings.
  5. Branches can nominate members for Fellows.

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Part 2- Membership

2.1 General

2.1.1

For the purpose of this Part, approved shall mean, approved by the Council of the College.

2.1.2

The National Executive shall maintain a Register of Members based on information supplied by the Branch Committees. The Executive will only release the information that a person is a member of the College and the level of their membership with the explicit written consent of that member.

2.1.3

There are eight levels of membership in the College, namely; Life Fellow, Fellow, Emeritus member, Senior Clinician, Full member, Associate member, Intern member and Student member. Requirements and prerequisites for each level of membership are contained in the Regulations of the College.

2.1.4

The structure of the branches is divided into two parts – City Division and Country Division. City branches will include those whose postcode is considered as city or capital city while country branches include all others as well as individual country members

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2.2 Admission and rejection of members

2.2.1

The application shall be made in writing, signed by the applicant and shall be in such a form as the National Executive from time to time prescribes.

2.2.2

At the next meeting of the Branch, after the receipt of any application, the Branch Committee shall consider and determine the admission or rejection of the applicant.

2.2.3

With any class of membership, the Branch Secretary shall forthwith give the applicant written notice of such outcome within 14 days thereof.

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2.3 Membership Requirements

2.3.1

All members are required to maintain the standards of professionalism and ethics as laid down in the Code of Conduct of

2.3.2

The member shall be registered as a Psychologist with the Psychology Board of Australia (PBA) ,with the exception only of student members.

2.3.3

All members are required to demonstrate a level of Clinical Practice, Peer Review Supervision and continuing Professional Development as laid out in the Regulations of the College.

2.3.4

The College Council may, through the College Regulations, change or vary the requirements for continuing membership, and the requirements and prerequisites for entry into each level of membership.

2.3.5

Membership entitlements are not transferable. A right, privilege or obligation which a person has by reason of being a member of the College:

  1. is not capable of beingtransferred or transmitted to another person; and
  2. terminates upon cessation of the person's membership.

2.3.6

Membership categories are as follows:

Life Fellow:
This category is available to members who have given outstanding service to the College. It can be awarded by the Council.
Fellow:
This category is available to all members of at least 5 years standing, nominated and seconded by a member and elected by the majority of the Council. This member has made an outstanding contribution to the working of the College.
Emeritus member:
This category is awarded to those members who have retired from their professional life but who would still like to be connected with the College
Senior Clinician:
A full member who has met all the requirements outlined in the Senior Clinician document. Application can only be made after 5 years of membership. The application is to be considered by a committee formed in a branch different from the applicant member.
Full member:
Members who are academically qualified, unconditionally registered, engaged in at least 6 hours of clinical practise weekly
Training member:
members who are academically qualified, unconditionally registered, undergoing supervision, engaged in least 6 hours of clinical practise weekly and in their first two years of membership also known as intern psychologists.
Associate member:
New members complete their first year in this category to fulfil requirements before being inducted as a full member psychologists who are unable to meet the full requirements of the College.

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2.4 Cessation of membership

2.4.1

A person ceases to be a member of the College if the person -

  1. dies;
  2. resigns from membership of the College;
  3. is expelled from the College;
  4. fails to renew his or her membership of the College;
  5. has his or her right to practise as a psychologist cancelled by the relevant registration authority under an Act of a State or Territory of Australia; or
  6. is deemed by the Ethics Committee of the College to have breached the College Code of Conduct.

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2.5 Resignation of membership

A member is not entitled to resign from membership of the College except in accordance with rule 2.5.1.

2.5.1

A member who has paid all amounts payable by the member to the College may resign from membership of the College by first giving notice (being not less than 1 month or, if the committee has determined a shorter period, that shorter period) in writing to the secretary of the members intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.

2.5.2

Where a person ceases to be a member, the National Secretary shall make an appropriate entry in the register of members recording the date on which the member ceased to be a member.

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2.6 Fee, subscriptions etc

2.6.1

The fees for membership and application for membership shall be set by the Council at the Annual Council meeting.

2.6.2

The annual membership fee is payable before 1 July in each calendar year; or, where a person becomes a member on or after 1 July in any calendar year, before 1 July in each succeeding calendar year.

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2.7 Liability of members

2.7.1

A member of the Australian College of Psychologists shall not be liable to contribute to the payment of any debts or other liabilities incurred by this Association, or to the costs , charges or expenses incurred in the course of winding up the Association.

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2.8 Enquiry into Professional Standards

2.8.1

The Council shall appoint and maintain an Professional Standards Committee responsible for the application of the enquiry proceedings of the College.

2.8.2

Where the Professional Standards Committee is of the opinion that a member -

  1. has persistently refused or neglected to comply with a provision of these rules; or
  2. is deemed by the Professional Standards Committee of the College to have breached the College Code of Conduct; or
  3. has persistently and willfully acted in a manner which brings the College into disrepute.

2.8.3

The Professional Standards Committee must try to ensure at all times that the parties who may be in dispute are treated equably and without prejudice.

2.8.4

A member who is under enquiry may elect to bring a legal representative to the enqury

2.8.5

A member who is under enquiry is entitled to have fair representation on the Professional Standards Committee with at least one member coming from the same area of discipline

2.8.6

The Professional Standards Committee may, by resolution -

  1. expel the member from the College
  2. or
  3. suspend the member from such rights and privileges of membership of the College as the committee may determine for a specific period.

2.8.7

Such retraining, supervision or demonstration of appropriate corrective action as the Committee shall determine.

2.8.8

A resolution of the Professional Standards Committee is of no effect unless the committee, at a meeting held not earlier than 36days and not later than 42 days after service on the member of a notice confirms the resolution in accordance with this rule. An extension of time may be requested by either party

2.8.9

Where the committee passes a resolution the secretary shall, as soon as practicable, cause a notice in writing to be served on the member

  1. setting out the resolution of the committee and the grounds on which it is based;
  2. 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 service of the notice;
  3. stating the date, place and time of that meeting; and informing the member that the member may do either or both of the following:
    1. attend and speak at that meeting;
    2. submit to the committee at or prior to the date of that meeting written representations relating to the resolution.

2.8.10

Subject to section 50 of the Act, at a meeting of the committee, the committee shall

  1. give to the member mentioned an opportunity to make oral representations;
  2. give due consideration to any written representations submitted to the committee by that member at or prior to the meeting; and
  3. by resolution determine whether to confirm or to revoke the resolution of the committee

2.8.11

Where the committee confirms a resolution, the secretary shall, within 7 days after that confirmation, by notice in writing inform the member of that confirmation and of the memberís right of appeal

2.8.12

A resolution confirmed by the committee does not take effect -

  1. until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; or
  2. where within that period the member exercises the right of appeal, unless and until the College confirms the resolution

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2.9 Right of appeal

2.9.1.

A member may appeal to the Branch in general meeting against a resolution of the committee within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.

2.9.2

Upon receipt of a notice the secretary shall notify the committee which shall convene a meeting of the Professional Standards Committee to be held within 21 days after the date on which the secretary received the notice or as soon as possible after that date.

2.9.3

Subject to section 50 of the Act, at a general meeting of the Professional Standards Committee

  1. a). no business other than the question of the appeal shall be transacted;
  2. b) the committee and the member shall be given the opportunity to make representations in relation to the appeal orally or in writing, or both; and
  3. c) the Committee members present shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked.

2.9.4

If the meeting passes a special resolution in favour of the confirmation of the resolution that resolution takes effect.

2.10 Changes to the Code of Conduct and Enquiry Procedures

The Professional Standards Committee shall report at least annually to the Council of the College and shall make recommendations for any changes to the disciplinary procedures of the College as circumstances require. Changes to the code of conduct and disciplinary procedures shall be effected by vote of the Council

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Part 3 - Ruling Bodies

3.1 The Council

3.1.1

The Council of the Australian College of Psychologists is the sole policy and decision making body of the College.

3.1.2

The Council, subject to the Act, and this Constitution, shall control and manage the affairs of the College;

  1. may exercise all such functions as may be exercised by the College; and
  2. has power to perform all such acts and do all such things as appear to the Council to be necessary or desirable for the proper management of the affairs of the College.

3.1.3

The Council shall be composed of the Presidents of the Branches and delegate(s) elected by each branch.

3.1.4

Each branch will be entitled to elect delegates in proportion to the numbers of voting members. A branch with 30 voting members or less may appoint one delegate; branches with more than 30 members may appoint an additional delegate for each additional 30 voting members.

3.1.5

The Council of the College holds a power of veto over any resolution, action or appointment exercised by a Branch or Branch committee (as defined below).

3.1.6

The Council has the authority to make changes to the College Regulations at any quorated meeting of the Council. Proposed changes to the Regulations must be contained in the agenda of the Council which shall be circulated to all Council members at least one month before the meeting.

3.1.7

The Council will hold an Annual Meeting, immediately after the Annual General Meeting of the College, and shall confer regularly throughout the year at times to be determined by the Council to ensure the proper administration of the College.

3.1.8

At the Council Annual General Meeting the following officers of the Council shall be elected:

  1. The National President; The National President acts as the titular head of the College, is responsible for convening meetings of the Council and shall preside at each meeting of the Council;
  2. The National Vice President; The National Vice-President shall delegate for all functions of the President in the absence of the President, with the approval of the Council;
  3. The National Treasurer; The National Treasurer will collect and receive all moneys due to the Council and make all payments authorised by the Council; and keep correct accounts and books showing the financial affairs of the College with full details of all receipts and expenditure connected with the activities of the College. Collate the annual audited accounts supplied by the branches for submission to audit prior to the Annual Council meeting. Provide audited accounts annually for submission to the relevant statutory bodies;
  4. The National Secretary; The National Secretary shall keep minutes of all elections and appointments of Council members and Members of the Executive; the names of Council members present at a Council meeting; and all proceedings at Council meetings. The National Secretary shall ensure the maintenance of the Register of Members in good order. The Secretary will forward copies of the minutes of all meetings to the Council.
  5. The National Student Affairs Co-ordinator; The National Student Affairs Co-ordinator shall represent the interests of student members of the College and the national level, and shall coordinate with Branch student affairs representatives.
  6. The Ethics Committee; The Ethics Committee is responsible for maintaining the College Code of Conduct and implementing disciplinary proceedings. The Chair of the Ethics Committee is appointed directly by the Council; other members of the Committee are appointed by the Council from the voting membership;
  7. The Public Officer of the College (who shall be a resident of the Australian Capital Territory)
  8. The Editor of the bulletin; The Editor of the bulletin shall be responsible for the production and distribution of the College bulletin; and
  9. Such other offices as the interests of the College may dictate from time to time

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3.2 Election of Council Officers

3.2.1

Nominations of candidates for the Presidency, Vice Presidency, and other positions on the Council-

  1. Shall be made in writing, signed by two Voting Members of the College and accompanied by the written consent of the candidate (which may be endorsed on the nomination form); and
  2. Shall be delivered to the National Secretary not less than 7 days before the date fixed for the annual general meeting at which the election is to take place.

3.2.2

If insufficient nominations are received to fill all vacancies on the Council, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual Council meeting.

3.2.3

If insufficient further nominations are received, any vacant positions remaining on the committee shall be deemed to be vacancies.

3.2.4

If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be taken to be elected.

3.2.5

If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.

3.2.6

The ballot for the election of Council members shall be conducted at the Annual Council Meeting in such manner as the Council may direct.

3.2.7

In the event of a vacancy in the membership of the Council, the Council may appoint any member of the College to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the Annual Council Meeting next following the date of the appointment, provided that any vacancy in respect of a Council member shall be filled with a member nominated by the Committee of the relevant branch.

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3.3 Removal from Council positions

3.3.1

The Council in Meeting may by resolution, subject to section 50 of the Act, remove any Officer of the Council before the expiration of the Officerís term of office. Notice of such a resolution must be provided to the National Secretary 30 days before the meeting; the National Secretary must immediately inform the relevant branch of this resolution.

3.3.2

The relevant branch can only remove membership of the Council.

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3.4 Proxies

3.4.1

In the event that the President or a delegate is unable to attend at or participate in a Council meeting they may nominate a proxy.

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3.5 The National Executive

3.5.1

The National Executive of the Australian College of Psychologists is appointed and delegated by the Council to ensure that the day to day functions and administration of the College are maintained. Delegations shall be determined by the Council through the instrument of the College regulations.

3.5.2

The National Executive shall be the chief administrative authority of the College, subject only to the Council.

3.5.3

The National President, National Secretary, National Treasurer, National Student Affairs Co-ordinator and the Editor of the Bulletin are ex officio members of the National Executive. Other members of the National Executive may be appointed as the Council sees fit. The National Executive may appoint, co-opt or employ for financial reward, under delegation from the Council, such persons as are necessary to the maintenance of the administration of the College.

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3.6 Vacancies on the National Executive

3.6.1

The National Executive shall have the power at any time to appoint any member of the College to fill any casual vacancy on the National executive until the next Council meeting.

3.6.2

The continuing members of the National Executive may act notwithstanding any casual vacancy in the National Executive, but if and so long as their number is reduced below the number fixed by or pursuant to this constitution as the necessary quorum of the National Executive, the continuing members may act for the purpose of increasing the numbers of members of the National Executive to that number of summoning a general meeting of the College but for no other purpose.

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3.7 Branches of the College

3.7.1

Each member of the College shall be a member of a Branch of the College.

3 .7.2

A new Branch may only be formed with the approval of the Council.

3.7.3

The office-bearers of each Branch committee of the College shall be

  1. The President
  2. One or more delegates to the Council
  3. The Treasurer
  4. The Secretary and
  5. The Student Co-ordinator

each of whom shall be elected pursuant or appointed

3.7.4

Each member of the committee shall hold office until the conclusion of the annual general meeting following the date of the members election, but is eligible for re-election.

3.7.5

The committee, subject to the Act, this Constitution and to any resolution passed by the Branch in general meeting -

  1. Shall control and manage the affairs of the Branch;
  2. may exercise all such functions as may be exercised by the Branch other than those functions that are required by this constitution to be exercised by the Branch in general meeting; and
  3. has power to perform all such acts and do all such things as appear to the committee to be necessary or desirable for the proper management of the affairs of the Branch.

3.7.6

In the event of a vacancy in the membership of the committee, the committee may appoint a member of the Branch 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.

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3.8 Election of Branch Committee members

3.8.1

Nominations of candidates for election as office-bearers of the Branch -

  1. Shall be made in writing, signed by 2 members of the Branch and accompanied by the written consent of the candidate (which may be endorsed on the nomination form); and
  2. Shall be delivered to the Secretary of the Branch not less than 7 days before the date fixed for the annual general meeting at which the election is to take place.
  3. 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
  4. If insufficient further nominations are received, any vacant positions remaining on the committee shall be deemed to be vacancies.
  5. If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be taken to be elected
  6. If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.
  7. The ballot for the election of office-bearers and ordinary committee members shall be conducted at the annual general meeting in such manner as the committee may direct

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3.9 Branch Secretary

3.9.1

The secretary of a Branch shall, as soon as practicable after being appointed as secretary, notify the Branch and the National Secretary of his or her address.

3.9.2

The secretary shall keep minutes of -

  1. All elections and appointments of office-bearers and ordinary committee members;
  2. The names of members of the committee present at a committee meeting or a general meeting; and
  3. All proceedings at committee meetings and general meetings.
  4. Minutes of proceedings at a meeting shall be signed by the person presiding at the meeting or by a person presiding at the next succeeding meeting.
  5. The Secretary shall maintain the Register of members in good order and shall forward details of changes to the Register to the National Executive at least every three months

3.9.3

The secretary will forward copies of the minutes of all meetings to the National Executive.

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3.10 Branch Treasurer

3.10.1

The treasurer of a Branch shall -

  1. Collect and receive all moneys due to the Branch and make all payments authorised by the Branch; and
  2. Keep correct accounts and books showing the financial affairs of the Branch with full details of all receipts and expenditure connected with the activities of the Branch.
  3. Forward annual audited accounts to the National treasurer every year within one month of the financial year end prior to the Annual Council meeting.

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3.11 The Branch Student Co-ordinator

3.9.1

The Student Co-ordinator of a Branch shall -

  1. Liase with the National Student Coordinator to ensure representation of student interests of the National level.
  2. Conduct and coordinate activities in local universities and colleges to further the interests of students of psychology

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3.12 Committee Vacancies

3.12.1

For the purposes of this constitution, a vacancy in the office of a member of the committee occurs if the member -

  1. Dies;
  2. Ceases to be a member of the College;
  3. Resigns the office;
  4. Is removed from office
  5. Becomes an insolvent under administration within the meaning of the Corporations Law;
  6. Suffers from mental or physical incapacity;
  7. Is absent without consent of the committee from all meetings of the committee held during a period of 6 months.

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3.13 Removal of committee members

3.13.1

The Branch in General Meeting may by resolution, subject to section 50 of the Act, remove any member of the Committee before the expiration of the memberís term of office.

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3.14 Branch Committee meetings and quorum

3.14.1

The Branch committee shall meet at least 3 times in each calendar year at such place and time as the committee may determine.

3.14.2

Additional meetings of the Branch committee may be convened by any member of the committee.

3.14.3

Oral or written notice of a meeting of the Branch committee shall be given by the secretary to each member of the committee at least 48 hours (or such other period as may be unanimously agreed upon by the members of the Branch committee) before the time appointed for the holding of the meeting.

3.14.4

Notice of a meeting shall specify the general nature of the business to be transacted at the meeting and no other business shall be transacted at the meeting, except business, which the committee members present at the meeting unanimously agree to treat as urgent business.

3.14.5

Any 3 members of the Branch committee constitute a quorum for the transaction of the business of a meeting of the committee.

3.14.6

No business shall be transacted by the Branch committee unless a quorum is present and if within half an hour after the time appointed for the meeting a quorum is not present the meeting stands adjourned to the same place and at the same hour of the same day in the following week.

3.14.7

If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the meeting, the meeting shall be dissolved. and the National Executive notified of the failure of the meeting

3.14.8

At the meetings of the Branch committee -

  1. The president or in the absence of the president, a vice-president shall preside; or
  2. If the president and the vice-president are absent, one of the remaining members of the Branch committee may be chosen by the members present to preside.

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3.15 Delegation by Branch committee to sub-committee

3.15.1

The committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such member or members of the College as the committee thinks fit) the exercise of such of the functions of the committee as are specified in the instrument, other than -

  1. This power of delegation; and
  2. A function which is a function imposed on the committee by the Act, by any other law of the Territory, or by resolution of the College in general meeting.

3.15.2

A function, the exercise of which has been delegated to a -committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the -committee in accordance with the terms of the delegation.

3.15.3

A delegation under this rule may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.

3.15.4

Notwithstanding any delegation under this rule, the Branch committee may continue to exercise any function of delegation.

3.15.5

Any act or thing done or suffered by a Branch sub-committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by the committee.

3.15.6

The Branch committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.

3.15.7

A sub-committee may meet and adjourn as it thinks proper.

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3.16 Voting

3.16.1

Only financial members who have the attained the status of Life Fellow, Fellow, Full member, Emeritus member, Associate member or Intern member are entitled to vote in any College election.

3.16.2

Questions arising at a meeting of the committee or of any sub-committee appointed by the committee shall be determined by a majority of the votes of members of the committee or sub-committee present at the meeting.

3.16.3

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 1 vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

3.16.4

The committee may act notwithstanding any vacancy on the committee.

3.16.5

Any act or thing done or suffered, or purported to have been done or suffered, by the committee or by a sub-committee appointed by the committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or -committee.

3.16.6

All votes shall be given personally or by proxy but no member may hold more than 5 proxies.

3.16.7

In the case of an equality of votes on a question at a general meeting, the person presiding is entitled to exercise a second or casting vote

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3.17 Making decisions

3.17.1

A question arising at an annual or general meeting shall be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded. If this occurs then the person presiding at that resolution, can request on show of hands that a declaration has been carried or carried unanimously or carried by a particular majority or lost and an entry to that effect is put in the minute book as evidence of the fact without proof of the numbers or proportion of the votes to act as record in favour or against that resolution.

3.17.2

At an annual or general meeting, a poll may be demanded by the person presiding or not less than 3 members present in person or by proxy at the meeting.

3.17.3

Where the poll is demanded at a general meeting, the poll shall be taken

  1. Immediately, in case of a poll which relates to the election of the person to preside at the meeting or to the question of an adjournment; or
  2. In any other case, in such a manner and at such time before the close of the meeting as the person presiding directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter

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3.18 Appointment of proxies

3.18.1

Each member shall be entitled to appoint another member as 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.

3.18.2

The notice of appointing the proxy shall be in the form set out in the College regulations.

3.18.3

A member or proxy is not entitled to vote at any annual or general meeting unless all money due and payable by the member or proxy has been paid, other than the amount of the annual subscription payable in respect of the then current year.

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3.19 Suspension of Branches

3.19.1

In the case of any Branch or Branch Committee acting or having acted in a manner deemed by the majority of Council members to be contrary to the Constitution of the College as interpreted by the National Executive. (The National Executive may overrule such Branch or Branch Committee and/or may declare that same no longer exists, and shall set up in place thereof an organisation competent to carry out the Constitution of the College.) Any resolution to dissolve a branch can only be done by those members that have attended at least two consecutive meetings.

3.19.2

Pending the hearing of any appeal, the decision of the National Executive shall operate. In the event of the National Executive taking any action under this paragraph, the National Executive shall be the body to approve any decision which otherwise would have been made by the body affected by the National Executive decision; and

3.19.3

The National Executive shall, as soon as possible, but within two calendar months, organize fresh elections for the Branch.

3.19.4

Any actions taken by the National Executive between Council meetings shall be reported to the next meeting of the Council for endorsement.

3.19.5

In such circumstances or at any other time as may be deemed necessary by the National Executive, the National Treasurer shall have the vested power to assume control of the branch bank account in order to ensure that the financial responsibilities of the College in terms of any state or federal law are equitably acquitted and managed.

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Part 4 - Meetings

4.1 Annual General Meetings - holding of

4.1.1

Both Council and each Branch of the College shall, at least once in each calendar year and within the period of six months after the expiration of each financial year of the College, convene an Annual General Meeting

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4.2 Council Annual General Meetings - calling of and business

4.2.1

The Annual General Meeting of the Council shall, subject to the Act and the College Regulations, be convened on such date and at such place and time as the Council thinks fit

4.2.2

The business of the Council Annual General Meeting shall be -

  1. To confirm the minutes of the last preceding annual general meeting; and
  2. To receive from the Council reports on the activities of the College during the preceding financial year;
  3. To receive the statement of accounts and the reports that are required to be submitted to members pursuant to subsection 73(1) of the Act.

4.2.3

An Annual General Meeting shall be specified as such in the notice convening it.

4.2.4

An annual general meeting shall be conducted in accordance with the provisions of this Part.

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4.3 Branch Annual General Meetings - calling of and business

4.3.1

The annual general meeting of the Branch shall, subject to the Act and the College Regulations, be convened on such date and at such place and time as the Branch of committee thinks fit.

4.3.2

In addition to any other business, which may be transacted at an annual general meeting, the business of a Branch annual general meeting shall be -

4.3.3

To confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;

4.3.4

To receive from the committee reports on the activities of the College during the last preceding financial years;

4.3.5

To elect office-bearers; and

4.3.6

To receive and consider the statement of accounts and the reports that are required to be submitted to members pursuant to subsection 73(1) of the Act.

4.3.7

A Branch annual general meeting shall be specified as such in the notice convening it.

4.3.8

A Branch annual general meeting shall be conducted in accordance with the provisions of this Part

4.3.9

The City and Country divisions shall meet at least once a year at the same time as Council. The purpose of such meetings is to discuss those issues that are of concern to the respective Division and to plan strategies to best meet the needs of the separate Divisions.

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4.4 Special General Meetings - calling of and business at

4.4.1

Council or respective Branch committees can call a special general meeting on such a date and at such a place and time as the Council or the Branch think fit

4.4.2

Any four members of the College can request a calling of the Council through contacting the Secretary of the National Executive and stating the reason for calling the meeting.

4.4.3

Any four members of a Branch may request the calling of a Branch special general meeting by writing to the Secretary of the Branch, stating the reason for calling the special meeting The National Executive reserves the right to consider the severity of the matter and determine whether a special general meeting is appropriate action to undertake.

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4.5 General Meetings - notice of Annual General Meetings and Special General Meetings

4.5.1

Except where the nature of business proposed to be dealt with at a annual general meeting or special general meeting, requires a special resolution of the College, the Secretary shall, at least 14 days before the date fixed for holding a general or annual meeting, cause to be sent by either pre-paid post or electronic mechanism to each memberís address or last known contact details appearing in the College register of members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.

4.5.2

Where the nature of the business proposed to be dealt with at an annual or general meeting requires a special resolution of the College ,the Secretary shall, at least 21 days before the date fixed for holding of the annual or general meeting, cause notice to be sent to each member, the intention to propose the resolution as a special resolution.

4.5.3

No business other than that specified in the notice convening a general meeting shall be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to the agenda of that meeting

4.5.4

A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who shall include that business in the next notice calling a general meeting given after receipt of the notice from the member. 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 the meeting is considering that item.

4.5.5

Five (5) members present (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.

4.5.6

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 following week at the same time and (unless another place is specified at the time of adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.

4.5.7

If at the adjourned meeting a 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 3) shall constitute a quorum.

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4.6 Duties and responsibilities of Branches for Annual General Meetings and Special General Meetings

4.6.1.

When members reside in different states then the affairs can be conducted through teleconferencing, electronic meetings as well as face-to face when practical.

4.6.2

Whenever a meeting is called by the Council or Branches, the following procedures apply:

  1. The funds of the College must be kept in the name of the College in a financial institution decided by the National executive.
  2. The funds of each Branch must be kept in a financial institution decided by the Branch Committee. They are to be managed by the respective Branch Treasurers.
  3. Proper books and accounts shall be kept and maintained either in written or printed form in the English language showing correctly the financial affairs of the National Executive and each Branch respectively with all the books shown in an acceptable manner.
  4. All monies shall be deposited as soon as practicable after receipt thereof.
  5. Cheques shall be crossed ďnot negotiableí except those in payment of wages, allowances or petty cash which can be open
  6. The National Executive and the Branch Committee respectively shall determine the amount of petty cash which shall be kept by the respective treasurers.
  7. All expenditure shall be approved or ratified by at the National Executive or Branch Committee meetings respectively.

4.6.3

Within one month of the end of each financial year, the treasurer of the National Executive and each Branch respectively, shall cause to be prepared a statement containing particulars of:

  1. The income and expenditure for the financial year just ended and
  2. The assets and liabilities and of all mortgages, charges and securities affecting the property of the College at the close of that year.
  3. The Branch treasurers will include Bank statements for the year end with supporting financial statements
  4. Branch treasurers undertake to supply the closing bank balance at the end of each month for inclusion in the National Executive financial purposes

4.6.4

The auditor must examine the statement prepared by the respective treasurers and present a report on it to the Secretary before the next annual general meeting following the financial year for which the audit was made.

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4.7 Presiding member

4.7.1

The President, or in the absence of the President, a Vice-President, shall preside at each annual or special general meeting of the College.

4.7.2

If the president and all vice-presidents are absent from a general meeting, the members present shall elect one of their number to preside at the meeting.

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4.8 Adjournment

4.8.1

The person presiding at a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meting 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.

4.8.2

Where a general or annual meeting is adjourned for 14 days or more, the secretary for that meeting, shall give written or oral notice of the adjourned meeting to each member, eligible to attend, stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

4.8.3

Notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.

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Part 5- Miscellaneous

5.1 Funds - source

5.1.1

The funds of the College shall be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the Branch in general meeting and subject to section 114 of the Act, such other sources as the committee determines.

5.1.2

All money received by the Branch shall be deposited as soon as practicable and without deduction to the credit of the Branchís bank account.

5.1.3

The Branch shall as soon as practicable after receiving any money, issue an appropriate receipt.

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5.2 Funds - management

5.2.1

Subject to any resolution passed by a Branch in general meeting, the funds of the Branch shall be used in pursuance of the objects of the College in such manner as the committee determines.

5.2.2

All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any 2 members of the committee or employees of the Branch, being members of the committee or employees authorised to do so by the committee.

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5.3 Alteration of Constitution and College Regulations

5.3.1

Neither the Objects of the College referred to in section 29 of the Act nor this Constitution shall be altered except in accordance with the Act.

5.3.2

This Constitution may only be altered by a vote of all voting members. Voting will be conducted by postal ballot administered by the National Executive.

5.3.4

A majority of two thirds of voting members at Council is required to change this Constitution.

5.3.5

College regulations may be varied at any time by resolution of the Council.

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5.4 Custody of books

5.4.1

Subject to the Act, and this Constitution , the National Secretary shall keep in his or her custody or under his or her control all records, books, and other documents relating to the College. The Public Officer in the ACT will keep a copy of the membership data.

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5.5 Inspection of books

5.5.1

The records, books and other documents of the College shall be open to inspection by a member of the College at any reasonable hour, free of charge, at a place in the Australian Capital Territory.

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5.6 Service of notice

5.6.1

For the purpose of these rules, a notice may be served by or on behalf of the College upon any member either personally or by sending it by post to the member at the memberís address shown in the register of members.

5.6.2

Where a document is sent to a person by properly addressing, prepaying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.

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5.7 Surplus property

5.7.1

At the first general meeting of the College following the adoption of these rules, the College shall pass a special resolution nominating -

a fund, authority or institution for the purpose of paragraph 92(1)(b) of the Act, in which it is to vest its surplus property in the event of the dissolution or winding up of the College.

5.7.2

When any Branch ceases to operate, the Public Officer of the Branch must advise the National Executive within 14 days, and transfer all remaining funds and property to the National Executive.

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