CONSTITUTION
Disability and Rehabilitation Professionals Association
ABN 81 690 294 328
PO BOX 1088
UNLEY BUSINESS CENTRE
South Australia 5061
CONSTITUTION
DISABILITY AND REHABILITATION PROFESSIONALS' ASSOCIATION
1. NAME The name of the Association will be the "DISABILITY AND REHABILITATION PROFESSIONALS' ASSOCIATION".
2. OFFICE The office of the Association hereinafter referred to as the "office" will be situated in Adelaide or such other place or places in Australia as may be decided by the resolution of its members.
3. PURPOSE The Association was formed to bring together professionals providing services to people with disabilities and/or rehabilitation needs.
4. OBJECTIVES
4.1 To provide a professional association for Disability and Rehabilitation Professionals in Australia.
4.2 To Promote and maintain a high standard of ethical conduct and work related skills.
4.3 To advise on standards and levels of expertise to be attained by those training for or seeking employment in disability and rehabilitation services.
4.4 To promote the Association to organisations providing services to people with disabilities and/or rehabilitation needs.
4.5 To encourage its members to evaluate, update and improve services.
4. 6 To provide a means for the interchange of ideas and experience between members and other individuals and organisations in Australia and other parts of the world.
4.7 To do all such other things as may be incidental to the attainment of the Association's objectives.
5. POWERS
The Association shall have the following powers in addition to and without prejudice to any other powers herein expressed or implied, or expressed or implied under or by virtue of the provisions of the South Australian Associations Incorporated Act 1985, as amended from time to time.
5.1 To do all such things as are necessary to incorporate the Association under the provisions of the South Australian Association Incorporated Act 1985.
5.2. The committee shall appoint a public officer as required by the Act.
5.3. To raise, receive, have, hold, administer and dispose of monies in the form of donations, legacies, bequests or the consequence of fundraising activities of all types or otherwise received from any other source whatsoever.
5.4. To apply for and enter into arrangements and conclude agreements in relation to grants of any public monies to assist the Association in the furtherance of its objectives.
5.5. To borrow or raise money at interest for any Purpose whatsoever as the Association in General Meeting may approve.
5.6. To purchase, take on lease, exchange, hire or acquire and hold any real or personal property (including chattels real).
5.7. To pay for any real or personal property acquired or to be acquired by the Association for cash, or to allow the whole or any portion of the purchase money to remain owing on the mortgage or otherwise, upon such terms as the Association's Annual General Meeting or extraordinary meeting may approve.
5.8. To sell, lease, let, mortgage or charge any real or personal property belonging to or to belong to the Association as the Association General meeting may approve.
5.9. To construct, maintain and alter any buildings or works necessary or convenient for the purpose of the Association.
5.10. To employ, instruct and dismiss such staff as from time to time may be required for the purpose of the Association.
6. MEMBERSHIP
Membership of the Association is open to all degree-level trained professionals who agree to abide by the Code of Ethics of the Association, as revised from time-to-time and circulated to all Members.
6.1 Full Member A person who has paid fees as determined by the Association for full membership and is professionally engaged or continues to be actively involved within the field of disability and/or rehabilitation services and who possesses any of the following:
6.1.1 A tertiary degree in Disability or Rehabilitation Studies. For example, Bachelor of Applied Science (Developmental Disabilities), Bachelor of Applied Science (Disability Studies), Diploma of Applied Science (Developmental Disabilities), or any other Disability Studies or Rehabilitation degree as determined by the Committee of the Association from time to time.
6.1.2 A tertiary degree in any area of human services, health, or Education/Special Education. For example, a degree in Psychology, Medicine, Occupational Therapy, Speech Pathology, Social Work, Special Education, Nursing, or other areas as determined by the Executive Committee from time to time.
6.1.3 Relevant Nursing Certificates obtained prior to the development of tertiary studies in Disability, Mental Health, and Rehabilitation. For example, Mental Deficiency Nursing Certificate/Psychiatric Nursing Certificate; or
6.1.4 Their equivalent as recognised by the Executive Committee of the Association
6.2 Life Membership. may be offered by the Association to any one member who, in the opinion of the Association, has rendered distinguished service to either the Association or the fields of Disabilities and Rehabilitation. Life membership may be proposed by any existing voting member but must be endorsed by committee members of the Association.
Life members are entitled to full privileges of membership but are not required to pay member contributions. However, a life member may make voluntary contributions to the Association should they so desire.
6.3 Organisational Members shall be:
6.3.1 any organisation actively involved within Disabilities and/or Rehabilitation services or,
6.3.2 any agency actively involved within Disabilities and/or Rehabilitation services, and
who have paid fees as determined by the Association for organisational members, shall be considered eligible within this category.
Organisations and/or agencies are entitled to full privileges of membership.
6.4 Expulsion of Members: A request for expulsion of a Member from the Association must be made in writing and addressed to the Chairperson of the Executive Committee and indicate clearly the reason for this request. A consideration of this request shall occur at the next Committee meeting and the request answered in writing as soon as possible after this meeting.
6.4.1 Requests for expulsion of a Member may be made on the basis that the Member has not abided by the Code of Ethics of the Association.
6.4.2 Requests for expulsion of a Member may be made by any member of the community.
7. AFFILIATE MEMBERS
Affiliate Membership of the Association is open to other persons who agree to abide by the Code of Ethics of the Association, as revised from time-to-time and circulated to all Members.
7. 1 Associate An Associate member is a person who has paid fees as determined by the Association for associate membership and who,
7.1.1 is currently a student of a tertiary degree program relevant to the field of Disability/Rehabilitation Studies, or
7.1.2 does possess a qualification recognised by the Association as relevant to the field of Disability and Rehabilitation Studies but does not have a tertiary level degree, or
7.1.3 who, in the opinion of the Association, has had adequate training together with more than three years experience in the field of Disability and/or Rehabilitation services with an organisation recognised by the Association.
An associate member is entitled to full privileges of membership except the right to vote and must comply with the Code of Ethics of the Association or be subject to the same rules of expulsion of Members as covered in Rule 6.4.
8. LEVIES
8.1 The Association shall have the right to raise money by means of levies from its members.
8.2 Subscriptions shall be paid by members at the rate determined from time to time by the Association and recorded in its Minutes.
8.3 Members of the Association, unless precluded by these rules, are required to renew their membership annually, within a month of this falling due, by paying the Treasurer the appropriate annual fee. A member shall be deemed to have resigned membership, if after reasonable reminders, his/her subscription remains unpaid within three months of this falling due.
8.4 A Full Member must be financial, in order to record his/her vote on any issue.
8.5 Any member, whether resigning or excluded under Rule 8.2 and 8.3 shall forfeit any claim to a return of any money paid to the Association for any purpose and shall cease to be a member forthwith.
9. INTERESTS OF MEMBERS
9.1 No member shall be disqualified from obtaining or continuing his/her membership of the Association by, reason of the fact that he/she is an employee of the Association or has been remunerated by the Association for any business or other act done by her/him in the conduct of the Association.
9.2 Any member of the Association who is any way, whether directly or indirectly, interested in any contract or proposed contract with the Association shall, as soon as the relevant facts have come to his/her knowledge, declare the nature of his/her interest to the Committee and shall if required by the Committee withdraw from all discussion and voting on such contract.
10. OFFICERS AND COMMITTEES
10.1 Officers and Committees
10.1.1 The Management of the Association, shall be vested in an Executive Committee (referred to as the "Committee") consisting of the Chairperson, Secretary, Treasurer and six (6) other members to manage the day-to-day affairs of the Association, subject to general directions of the Association and in accordance with the Association's objectives.
10.1.2 The Public Officer of the Association shall be determined by the Executive Committee of the Association and this position shall be ratified at the first Committee Meeting of the Association following the Annual General Meeting each year.
10.1.3 Office bearers shall be nominated by any two, financial, full members of the Association and shall be elected by a simple majority of voting members. Any honorary officer who ceases to be a member of the Association shall be precluded from holding office in the Association.
10.1.4 At least one student of a relevant Disability Studies/Rehabilitation Degree will participate as a member of the committee. Student members who actively participate in the activities of the Committee (as determined by the Chairperson of the Committee) will have full voting rights on the Committee.
10.1.5 The honorary officers of the Association, the Chairperson, Secretary and the Treasurer shall hold office for one year following election and shall then resign but be eligible for re-election. Other members of the Committee shall hold office for two years following election and shall then resign but be eligible for re-election.
10.1.6 The Association shall appoint and dismiss such other officers, committees or subcommittees, upon such terms and conditions as it shall from time to time decide.
10.1.7 The Executive Committee shall have the right to co-opt members or others to ensure proper completion of work and projects.
10.1.8 A full member who is financial may be elected to office.
10.1.9 At any committee meeting, of the Association a quorum shall be five (5) members one of which must be an Honorary Officer of the Association.
10.1.10 If a quorum is not present within fifteen (15) minutes of the scheduled start for the meeting, a brief meeting of those attending will occur and the notes of this meeting will be handed to the secretary for discussion/ratification at the next scheduled meeting.
10.1.11 The Executive Committee of the Association shall meet at least nine (9) times a year.
10.2 subcommittees- The Committee may, from time to time, appoint from the Members of the Association such subcommittees as it may deem necessary, and may refer to them such of the powers and duties of the Committee as the Committee may determine. Each such subcommittee shall report its proceedings to the Committee and shall conduct its business in accordance with the directions of the Committee which may in itself act in any matter, for that purpose. One member of the Committee must be appointed as the Convenor of the said subcommittee.
10.3 Casual Vacancies on the Committee The Committee may, by resolution, fill any vacancy on the Committee with a member of the Association who, when so elected, will retain office until the following Annual General Meeting.
10.4 Disqualification of Members of the Executive Committee The office of any Member of the Committee shall be vacated if he/she:
10.4.1 without the consent of the Committee of the Association profits from activities of the Association;
10.4.2 resigns his/her office by writing to the Association; or
10.4.3 is directly or indirectly interested in any contract with the Association and fails to declare the nature of his/her interests in accordance with Rule 9; or
10.4.4 without the consent of the Committee absents him/herself from four (4) consecutive Committee Meetings.
11. DUTIES OF THE CHAIRPERSON
11.1 The Chairperson shall act as Convenor at all Committee, Annual General Meetings and/or other general meetings called by the Association.
In the absence of the Chairperson or if the Chairperson is unwilling to act, the Chair shall be taken, in his/her absence by some other Committee member chosen by a majority vote of the meeting.
11.2 Represent the Association nationally and internationally.
11.3 Maintain contact with other State and international organisations with similar aims to the Association.
11.4 Oversee the organisation and efficient administration of the Association.
11.5 Ensure the ratification of the appointment of a Public Officer following each Annual General Meeting and that the Public Officer is aware of his/her obligations under the Act.
12. DUTIES OF THE SECRETARY
The Secretary shall perform normal secretarial duties (i.e., Minute recording, Outgoing and incoming mail, etc.)
12.1 In the absence of the secretary the minutes will be recorded by a committee member other than the Chairperson.
12.2 The Secretary shall keep a Register of Members that includes the name and address of each member, the date on which each member was admitted to the Association, and the date of and reasons for cessation of membership.
13. DUTIES OF THE TREASURER
13.1 The Treasurer shall receive and disburse all Association funds as instructed by the Association and in accordance with its objectives. A bank account shall be operated with the Treasurer and Secretary as signatories, and with the Chairperson available as a Signatory in the absence of either the Treasurer or Secretary. Proper books of account shall be kept, and a clear statement of accounts shall be presented to members at the Annual General Meeting.
13.2 In the event that the Association's income exceeds $200,000 annually, the financial records of the Association shall be audited annually by a properly qualified and acceptable person. The Treasurer shall provide an audited statement of account for presentation to all members and to the annual meeting.
13.3 The Association's financial year shall end on 30th of June.
14. ASSETS AND INCOME
14.1 The assets and income of the Association shall be applied solely in furtherance of its objects and no portion shall be distributed directly or indirectly to its members or others except as bona fide compensation for services rendered or expenses incurred on behalf of the Association.
14.2 No member of the Committee without the approval of the Committee may sell, encumber or otherwise deal with any Association property or commit the Association to any expense.
15. MEETINGS
15.1 The Association shall hold an Annual General Meeting annually. Extraordinary general meetings may be called as determined by the Association. At least one month's notice of the Annual General Meeting and any extraordinary general meeting shall be given to members and notices of such meetings shall specify the time, date and place of such meetings, together with an indication of the business to be transacted.
Matters raised at the Annual General Meeting or at any extraordinary general meetings, details of which have not been previously advised by the Secretary to the members, may be dealt with at a general meeting or the following Annual General Meeting, at the discretion of the Chairperson.
Any notice served by pre-paid post to a member's last advised address shall be deemed to have been properly served.
15.2 All decisions made at the Annual General meeting and at any extraordinary general meetings shall be confirmed by taking into account the votes of members present in addition to any postal votes received by the Secretary subsequent to the meeting. Postal votes on all resolutions submitted to members prior to the meeting shall be declared by the Secretary when a vote on the issue is called by the Chairperson.
15.3 Any member may appoint any other member as a proxy by writing in such form as the Committee may from time to time approve. Such forms must be deposited at the Office of the Association not less than forty-eight (48) hours before the time announced for the meeting at which the proxy proposes to vote, otherwise the form shall be treated as invalid.
15.4 At any Annual General Meeting or extraordinary general meetings of the association a quorum shall consist of at least five (5) members of the Committee (including proxies) and five (5) voting Members of the Association who are not currently Committee Members.
15.5 If a quorum is not present within fifteen (15) minutes of the scheduled start for the meeting, the meeting will be deferred. The meeting will be rescheduled within six weeks of the original meeting date.
16. PROCEDURE
16.1 All business of the Association, except where prescribed by these rules, may be carried out by mail and postal voting shall be valid.
16.2 Motions submitted by mail do not require to be seconded and all motions correctly submitted in this way shall be determined by a simple majority vote.
16.3 Each member entitled to vote shall forward his decision to the Secretary within four weeks of receiving a ballot form. In the event of an equality of votes the Chairman shall have a second or casting vote.
17. COMMON SEAL
17.1 The Association shall have a Common Seal which shall remain in the custody of the Secretary.
17.2 The Common Seal of the Association shall only be affixed to any instrument by the authority or by resolution of the Committee.
17.3 There shall be three (3) Sealholders appointed by the Committee from its own Members, one of which should be the Chairperson. The Common Seal shall be affixed to an instrument by and in the presence of two (2) of the three (3) sealholders who shall each sign the instrument to attest the proper affixing of the seal thereto.
18. AMENDMENTS AND ALTERATIONS
Amendments and alterations to the Constitution may only be made at the Annual General Meeting or an extraordinary general meeting for which proper notice has been given to every member provided for in Clause 12 thereof.
19. INTERPRETATION
A decision by the Association as to the meaning or interpretation of these rules or any word or expression therein shall be final and binding on all members.
20. CIRCUMSTANCES NOT PROVIDED FOR
If any circumstances shall arise as to which these Rules are silent or incapable of taking effect or being implemented according to its strict provisions the Committee shall, subject to any direction from time to time given to it by resolution of an Annual or any other General Meeting called for by the Association, have power to determine what action may be taken to best give effect to the objects of the Association and to ensure its efficient administration and every act of the Committee bona fide resolved upon pursuant to this Rule shall be as valid and effectual as if specifically authorised herein.
21. BY-LAWS
Regulations bearing on all subjects may be provided for in the By-Laws Pursuant to the Provisions of these Rules as well as bearing on such subjects which have not been provided for in these Rules and can be laid down on the motion of the Committee through a resolution of the Annual and/or any other General Meeting called for by the Association of Members. Such regulations or By-Laws shall be in conformity of these Rules.
22. DISSOLUTION
The Association shall be dissolved in the event of the membership thereof falling to less than three persons or upon the vote of three-fourths majority of the members present at a special meeting convened to consider the question.
Any funds or monies to be dispersed to an organisation with aims and objectives similar to the Disability and Rehabilitation Professionals' Association.
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