Changes to the “Rules” – Updating the EBKCC Constitution Background 1.
Consumer Affairs Victoria has changed the legal requirements for what must be in an association’s constitution (called “the rules”) via the Associations Incorporation Reform Act (Vic) 2012. 2.
All incorporated associations are legally required to amend their own rules or adopt the Model Rules. Either way the rules must address each of the 23 items listed in Schedule 1 of the Act – see the list of 23 items, attached. 3.
EBKCC’s current constitution covers most of these 23 items but not all. 4.
To change the rules, we must pass a special resolution at a general meeting of the association and get 75% of members in attendance to vote in favour. We must then lodge an application with Consumer Affairs (and pay a fee). 5.
If we do not notify Consumer Affairs about our rules by 26 November 2013, then our current rules will automatically be replaced with the new model rules. Required Provisions 6.
Of the 23 required provisions listed in Schedule 1 to the Act, the current EBKCC constitution does not cover the following: 2 – The purposes of the incorporated association It used to be that there was a separate Statement of Purposes. The new Act simply incorporates the two. So we just need to add in our Statement of Purposes. 8 – The grievance procedures for settling disputes under the rules between the incorporated association and any members or between a member and another member Currently the EBKCC constitution has no procedure for resolving a dispute arising between members. While such a dispute may never eventuate, the legislation requires a grievance procedure be included in the rules. The simplest thing would probably be to adopt the model rules wording for the grievance procedures if we are happy with them. They set out a simple mediation process. This is attached below for consideration. Other updates 7.
Financial Reporting Requirements 8.
Financial Matters – has been changed to adopt the standard Model Rules version. 9.
Apart from these two “new” rules there are a few things which need updating. Next Steps 10. Once the Committee has agreed the draft, it will need to be approved in accordance with the Rules – at a general meeting with a 2/3 majority. This will be held on the same night as the November committee meeting. All parents will be advised via email of the proposed changes and invited to attend the meeting. Division 3—Grievance procedure
25 Application
(1) The grievance procedure set out in this Division applies to disputes under these
Rules between—
(a) a member and another member;
(b) a member and the Committee;
(c) a member and the Association.
(2) A member must not initiate a grievance procedure in relation to a matter that is
the subject of a disciplinary procedure until the disciplinary procedure has been
completed.
26 Parties must attempt to resolve the dispute
The parties to a dispute must attempt to resolve the dispute between themselves
within 14 days of the dispute coming to the attention of each party.
27 Appointment of mediator
(1) If the parties to a dispute are unable to resolve the dispute between themselves
within the time required by rule 26, the parties must within 10 days—
(a) notify the Committee of the dispute; and
(b) agree to or request the appointment of a mediator; and
(c) attempt in good faith to settle the dispute by mediation.
(2) The mediator must be—
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement—
(i) if the dispute is between a member and another member—a person
appointed by the Committee; or
(ii) if the dispute is between a member and the Committee or the
Association—a person appointed or employed by the Dispute
Settlement Centre of Victoria.
(3) A mediator appointed by the Committee may be a member or former member
of the Association but in any case must not be a person who—
(a) has a personal interest in the dispute; or
(b) is biased in favour of or against any party.
28 Mediation process
(1) The mediator to the dispute, in conducting the mediation, must—
(a) give each party every opportunity to be heard; and
(b) allow due consideration by all parties of any written statement submitted
by any party; and
(c) ensure that natural justice is accorded to the parties throughout the
mediation process.
(2) The mediator must not determine the dispute.
29 Failure to resolve dispute by mediation
If the mediation process does not resolve the dispute, the parties may seek to
resolve the dispute in accordance with the Act or otherwise at law.