Constitution

New South Wales Institute For Educational Research Incorporated, founded 1928.

 

CONSTITUTION
(OBJECTS, ACTIVITIES AND RULES)

Revised at the 1999 Annual General Meeting

1. NAME:

New South Wales Institute for Educational Research Incorporated.

2. OBJECTIVES

The encouragement of study, research and service in Education.

In furtherance of these objectives the New South Wales Institute for Educational Research Incorporated (the Institute) will elect a representative to and interest itself in the activities of the Australian Council for Educational Research. It will also provide opportunities for:-

(a) the reading of papers,

(b) the discussion of educational issues,

(c) the dissemination of educational information, particularly the reporting of current trends in educational research,

(d) the identification of suitable areas for educational research,

(e) bringing these areas to the attention of persons or bodies likely to be interested in conducting such research, or, in appropriate circumstances, conducting this research as an Institute activity.

(f) discussion, criticism, and general guidance in the planning and conduct of research papers.

3. MEMBERSHIP

3.1 Applications for membership must be made in writing on the prescribed form, by nomination and lodged with the secretary. Such applications will be considered, as soon as possible, by the membership committee of the State body or Branch concerned. A membership committee will consist of two members appointed by the State or Branch Executive Committee who will be notified by the secretary.

3.2 The requirement for membership shall be a commitment to the objectives of the Institute. In interpreting this the following three criteria in general may be taken into account in determining the eligibility of an applicant

(a) An appropriate tertiary qualification or its equivalent;

(b) At least two years' experience in the study and/or the practice of education;

(c) Involvement in the conduct of educational research or in the application of research in a variety of educational settings.

On the Executive Committee's recommendation presented at the Annual General Meeting, the Institute may confer Honorary Life Membership on a member who has displayed outstanding qualities of service and leadership of the Institute.

4. CESSATION OF MEMBERSHIP

A person ceases to be a member of the Institute if the person

(a) dies; or

(b) resigns that membership; or

(c) is expelled from the Institute or

(d) fails to pay membership fees by the due date.

5. RESIGNATION

5.1 A member of the Institute is not entitled to resign that membership except in accordance with this rule.

5.2 A member of the Institute who has paid all amounts payable by the member to the Institute in respect of that person's membership may resign from membership of the Institute by giving to the secretary written notice of his/her intention to resign and, upon receipt of the written notice, the member ceases to be a member.

5.3 If a member of the Institute ceases to be a member under clause (2), and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.

6. REGISTER OF MEMBERS.

6.1 the secretary of the Institute must establish and maintain a register of members of the Institute specifying the name and address of each person who is a member of the Institute together with the date on which the person became a member.

6.2 The register of members must be kept at the principal place of administration of the Institute and must be open for inspection, free of charge, by any member of the Institute at any reasonable hour.

7. MEMBERS' LIABILITIES.

7.1 The liability of a member of the Institute to contribute towards the payment of the debts and liabilities of the Institute or the costs, charges and expenses of the winding up of the Institute is limited to the amount, if any, unpaid by the member in respect of membership of the Institute as required by rule 9. In all events liability of each member is limited to $100.

7.2 In the event of the Institute being dissolved, the amount which remains after such dissolution and the satisfaction of all debts and liabilities shall be paid and applied by the Institute in accordance with its powers to any organisation which has similar objects and which has rules prohibiting the distribution of its assets and income to its members.

8. RESOLUTION OF INTERNAL DISPUTES.

8.1 A complaint may be made by any member of the Institute that some other member of the Institute:

(a) has persistently refused or neglected to comply with a provision or provisions of these rules; or

(b) has persistently and wilfully acted in a manner prejudicial to the interests of the Institute.

8.2 On receiving such a written complaint the committee:

(a) must cause written notice of the complaint to be served on the member concerned: and

(b) must give the member at least 14 days from the time the notice is served within which to make submissions to the committee in connection with the complaint; and

(c) must take into consideration any submissions made by the member in connection with the complaint.

8.3 The committee may, by resolution, expel the member from the Institute or suspend the member from the Institute if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the what was alleged in the complaint has been proved.

8.4 If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the committee for having taken that action and of the member's right of appeal under rule 9.

8.5 The expulsion or suspension does not take effect:

(a) until the expiration of the period within which the member is entitled to appeal against the resolution concerned or

(b) if within that period the member exercises the right of appeal, unless and until the Institute confirms the resolution under rule 9.4, whichever is the later.

9. RIGHT OF APPEAL OF DISCIPLINED MEMBER.

9.1 A member may appeal to the Institute in general meeting against a resolution of the committee under rule 8, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.

9.2 The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.

9.3 On receipt of a notice from a member under clause (1), the secretary must notify the committee which is to convene a general meeting of the Institute to be held within 28 days after the date on which the secretary received the notice.

9.4 At the general meeting of the Institute convened under clause (3).

(a) no business other than the question of the appeal is to be transacted; and

(b) the committee and the member must be given the opportunity to state their respective cases orally or in writing ; or both and

(c) the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.

9.5 If at the general meeting the Institute passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

10. PATRONS

One or two patrons shall be elected at the Annual General Meeting.

11. OFFICERS AND EXECUTIVE COMMITTEE

11.1 The officers and Executive Committee shall be elected at the Annual General Meeting, and shall be:

President - who shall hold office for one year, but who may be re-elected so as to hold office for no more than four successive years.

Vice Presidents - Three in number.

Secretary

Treasurer

Librarian-Research Officer.

Representative on the IER Standing Committee of the ACER Council -

elected for a term of four years. The person elected may currently hold any of the other offices of the Institute.

Additional Committee Members - up to four.

11.2 The Committee shall have power to co-opt. Co-options shall be until the next Annual General Meeting. At the Annual General Meeting the outgoing Executive Committee may present a list of members whom they recommend be co-opted on the new committee. Co-option of these members may be approved by the Annual General Meeting or at a subsequent Executive Committee Meeting.

12. POWERS OF THE COMMITTEE

The committee is to be called the Executive Committee of the Institute and, subject to the Act, the Regulation and these rules and to any resolution passed by the Institute in general meeting:

(a) is to control and manage the affairs of the Institute; and

(b) may exercise all such functions as may be exercised by the Institute other than those functions that are required by these rules to be exercised by a general meeting of members of the Institute; and

(c) 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 Institute.

13. ELECTION OF MEMBERS

13.1 Nominations of candidates for election as office-bearers of the Institute or as ordinary members of the committee:

(a) must be made in writing, signed by 2 members of the Institute and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and

(b) must be delivered to the secretary of the Institute not less than 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.

13.2 If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and further nominations are to be received at the annual general meeting.

13.3. If insufficient further nominations are received, any vacant position remaining on the committee are taken to be casual vacancies.

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

13.5 If the number of nominations received exceeds the number of vacancies to be filled a ballot is to be held.

13.6 The ballot for the election of office-bearers of the committee is to be conducted at the Annual General Meeting in such usual and proper manner as the committee may direct.

14. REMOVAL FROM OFFICE

14.1 The Institute in general meeting may by resolution remove any member of the committee from the office of member before the expiration of the member's term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.

14.2 I f a member of the committee to whom a proposed resolution referred to in clause (1) makes representation in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the Institute, the secretary or the president may send a copy of the representation to each member of the Institute or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.

15. SECRETARY

15.1 The secretary of the Institute must, as soon as practicable after being appointed as secretary, lodge notice with the Institute of his or her address.

15.2 It is the duty of the secretary to keep minutes of:

(a) all appointments of office-bearers and members of the committee;

(b) the names of members of the committee present at a committee meeting or a general meeting; and

(c) all proceedings at committee meetings and general meetings

16. TREASURER

It is the duty of the treasurer of the Institute to ensure:

(a) that all money due to the Institute is collected and received and that all payments authorised by the Institute are made; and

(b) that correct books and accounts are kept showing the financial affairs of the Institute including full details of all receipts and expenditure connected with the activities of the Institute.

17. CASUAL VACANCIES

For the purposes of these rules, a casual vacancy in the office of a member of the committee occurs if the member:

(a) dies; or

(b) ceases to be a member of the Institute; or

(c) becomes insolvent under administration within the meaning of Corporations Law; or

(d) resigns office by notice in writing given to the secretary; or

(e) is removed from office under rule 14; or

(f) becomes a mentally incapacitated person; or

(g) is absent without the consent of the committee from all meetings of the committee held during a period of 6 months.

18. VOTING AND DECISIONS

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

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

18.3 Subject to rule 18.4, the committee may act despite any vacancy on the committee.

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

19. MEETINGS

At meetings of the Executive Committee the quorum shall be five. The Institute shall meet at least three times annually. The September meeting shall normally be the Annual General Meeting, for which 10 members shall constitute a quorum, and at this meeting shall be elected the officers and executive committee for the ensuring calendar year. Special meetings of either Institute or Executive committee may be called by the Secretary. Seven days' notice of meetings shall be given by post. Publication of any of the proceedings of a meeting shall be made only with approval of the Executive Committee. This shall not affect the right of the author of a paper to publish the whole or part of the paper in her/his own name.

20. ANNUAL GENERAL MEETINGS - HOLDING OF

20.1 With the exception of the first annual general meeting of the Institute, the Institute must, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the Institute, convene an annual general meeting of its members.

20.2 The Institute must 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 6 months after the expiration of the first financial year of the Institute.

20.3 Clauses (1) and (2) have effect subject to any extension or permission granted by the Commission under section 26(3) of the Act.

21. ANNUAL GENERAL MEETINGS - CALLING OF AND BUSINESS AT

21.1 The annual general meeting of the Institute, subject to the Act and to rule 20, is to be convened on such date and at such place and time as the committee thinks fit.

21.2 In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include the following:

(a) to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting.

(b) to receive from the committee reports on the activities of the Institute during the last preceding financial year.

(c) to elect office bearers of the Institute

(d) to receive and consider the statement which is required to be submitted to members under section 26 (6) of the Act.

21.3 An annual general meeting must be specified as such in the notice convening it.

22. SPECIAL GENERAL MEETINGS - CALLING OF

22.1 The committee may, whenever it thinks fit, convene a special general meeting of the Institute.

22.2 The committee must, on the requisition in writing of at least 5% of the total number of members, convene a special general meeting of the Institute.

22.3 A requisition of members for a special general meeting;

(a) must state the purpose or purposes of the meeting; and

(b) must be signed by the members making the requisitions; and

(c) must be lodged with the secretary; and

(d) may consist of several documents in a similar form, each signed by one or more of the members making the requisition.

22.4 If the committee fails to convene a special general meeting to be held within 1 month after that date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.

22.5 A special general meeting convened by a number of members as referred to in clause (4) must be convened as nearly as is practicable in the same manner as general meetings are convened by the committee and any member who consequently incurs expense is entitled to be reimbursed by the Institute for any expense so incurred.

23. NOTICE

23.1 Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Institute the secretary must, at least 14 days before the date fixed for the holding or the general meeting, cause to be sent by prepaid post to each member at the member's address appearing in the 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.

23.2 If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Institute the secretary must at least 21 days before the date fixed for the holding of the general meeting, cause notice to be sent to each member in the manner provided in clause (1) specifying, in addition to the matter required under clause (1) the intention to propose the resolution as a special resolution.

23.3 No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to rule 30(2)

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

24. PROCEDURE

24.1 No item of business is to 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.

24.2 Ten members present in person (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.

24.3 If within half an hour after the appointed time from the commencement of the general meeting a quorum is not present, the meeting:

(a) if convened on the requisition of members, is to be dissolved; and

(b) in any other case, is to stand adjourned to the same day in the following week at the time and (unless another place is specified at the time of the adjourned meeting 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.

24.4 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 5) is to constitute a quorum.

25. PRESIDING MEMBER

25.1 The president or, in the president's absence, a vice-president, is to preside as chairperson at each general meeting of the Institute.

25.2 If the president and the vice-president are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.

26. ADJOURNMENT

26.1 The chairperson of a general meeting at which a quorum is present may, with consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted at an adjournment meeting other than the business left unfinished at the meeting at which the adjournment took place.

26.2 If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member of the Institute stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

26.3 Except as provided in clauses (1) and (2) 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.

27 MAKING OF DECISIONS

27.1 A question arising at a general meeting of the Institute is to 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 chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the Institute, is evidence of the fact without proof of the number or proportion of votes recorded in favour of or against that resolution.

27.2 At a general meeting of the Institute a poll may be demanded by the chairperson or by not less than 3 members present in person at the meeting.

27.3 If a poll is demanded at a general meeting, the poll shall be taken:

(a) immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment or

(b) in any other case, in such manner and at such time before the close of the meeting as the chairperson directs, and the resolution of the poll on the matter is taken to be the resolution of the meeting on that matter.

28. SPECIAL RESOLUTION

A resolution of the Institute is a special resolution:

(a) if it is passed by a majority which comprises not less than three-quarters of such members of the Institute as, being entitled under these rules so to do, vote in person, or by proxy, at a general meeting of which not less than 21 days' written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules: or

(b) where it is made to appear to the Commission that it is not practicable for the resolution to be passed in the manner specified in paragraph (a), if the resolution is passed in a manner specified by the Commissioner.

29. VOTING

29.1 On any question arising at a general meeting of the Institute a member has one vote only.

29.2 All votes must be given personally.

29.3 In the case of an equality of votes on a question at a general meeting, the member presiding may make a second or casting vote.

30. FINANCE

30.1 The monies of the Institute shall be kept in an account in the name of the New South Wales Institute for Educational Research Incorporated. Authority for payments from this account shall be on the signature of any two of the following: President, Secretary, Treasurer, one member appointed by and from the Committee, an authorised employee.

30.2 The annual membership fee shall be determined at the Annual General Meeting. The membership financial year shall be the calendar year.

31. BRANCHES.

31.1 A branch of the Institute may be established in a centre 60 kilometres from Sydney provided that:

(a) there are at least twenty members of the Institute in the in the locality who seek the establishment of a branch;

(b) a new branch should not be formed within a radius of 60 kilometres of an existing branch;

(c) the application is authorised by Executive Committee of the Institute and agreed to at a general meeting of members.

31.2 When a branch is established, it shall have a chairperson, a vice-chairperson, a secretary, a treasurer and such other officers as the branch desires, including one member who shall be a liaison officer with the parent body and a voting member of its Executive.

31.3 The treasurer of the branch shall be empowered to collect membership fees from branch members, and handle such funds independently of the parent body. No restrictions shall be placed on independent expression by the branch of viewpoints on educational research or educational issues.

31.4 The copy of the annual report of the branch together with a copy of the audited treasurer's report shall be sent to the secretary of the NSWIER at least two weeks before the Annual General Meeting of the Institute.

32. INSURANCE

32.1 The Institute must effect and maintain insurance under section 44 of the Act.

32.2 In addition to the insurance required under clause (1), the Institute may effect and maintain other insurance.

33. FUNDS - SOURCE

33.1 The funds of the Institute are to be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the Institute in general meeting, such other sources as the committee determines.

33.2 All money received by the Institute must be deposited as soon as practicable and without deduction to the credit of the Institute's bank account.

33.3 The Institute must, as soon as practicable after receiving any money, issue an appropriate receipt.

34. FUNDS - MANAGEMENT

34.1 Subject to any resolution passed by the Institute in general meeting, the funds of the Institute are to be applied exclusively to the promotion of the objects of the Institute in such manner as the committee determines. No portion shall be paid or distributed directly or indirectly to the members of the Institute except as bona fide remuneration for services rendered or expenses incurred on behalf of the Institute.

34.2 All cheques, draft, bills of exchange, promissory notes and other negotiable instruments must be signed by any 2 members of the committee so authorised or an employee of the Institute authorised to do so by the committee, together with one member of the committee so authorised.

35. ALTERATIONS TO THE CONSTITUTION

Alterations to the Constitution may be made at the Annual General Meeting. Notice of any proposed alteration shall be given, in writing to the Secretary at least twenty one days prior to the Annual General Meeting and such notice of motion shall be included in the notice calling the Annual General Meeting.

No alteration shall be made unless at least three-quarters of members present vote in favour of such alteration.

36. COMMON SEAL

36.1 The common seal of the Institute must be kept in the custody of the secretary.

36.2 The common seal must not be affixed to any instrument except by the authority of the committee and the affixing of the common seal must be attested by the signature either of 2 members of the committee or of 1 member of the committee and of the secretary.

37. CUSTODY OF BOOKS, ETC

Except as otherwise provided by these rules, the secretary must keep in his or her custody or under his or her control all records, books and other documents relating to the Institute.

38. INSPECTION OF BOOKS, ETC

The record books and other documents of the Institute must be open to inspection, free of charge, by a member of the Institute at any reasonable hour.

39. SERVICE OF NOTICES

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

39.2 If a document is sent to a person by properly addressing, prepaying and posting to the person a letter containing the document, the document is, unless the contrary is proved, taken 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.