Constitution
Date
Current from AGM 28 March 2007.
Table of Contents
- Preliminaries
- Objects
- Membership
- The Council
- WUPA Employees
- General Meetings
- Standing Orders
- Finance
- Public Officer
- Miscellaneous.
Part 1. Preliminaries
1.1. Name
The Association will be known as the ‘Wollongong University Postgraduate Association’ Incorporated (Inc.).
1.2 Definitions and Interpretations
In this constitution:
1.2.1. ‘Academic year’ means the academic year as determined by the University of Wollongong Calendar;
1.2.2. ‘AGM’ means the Annual General Meeting of the Association, as constituted under the provisions hereof.
1.2.3. ‘Council’ means the elected office bearers and general representatives of the Association.
1.2.4. ‘Faculties’ refers to the various teaching faculties of the University of Wollongong.
1.2.5. ‘Full Council’ means all members of the Council.
1.2.6. ‘General Manager’ means the WUPA General Manager.
1.2.7. ‘General Meeting’ means a meeting of the Association.
1.2.8. ‘Honours’ student means a person who enrols in a discrete honours year program
1.2.9. ‘Independent Returning Officer’ means a person who is to conduct elections of the Association and who is not a student or staff member of the University.
1.2.10. ‘Members’ means members of the Wollongong University Postgraduate Association.
1.2.11. ‘Postgraduate student’ means any person currently enrolled in a postgraduate degree at the University of Wollongong.
1.2.12. ‘Special General Meeting’ means a meeting of the Association other than a General Meeting or Annual General Meeting.
1.2.13. ‘SRC’ means the University of Wollongong Student Representative Council.
1.2.14. ‘University’ means the University of Wollongong.
1.2.15. ‘University Council’ means the Governing Council of the University of Wollongong
1.2.16. ‘University day’ means a weekday in a teaching semester.
1.2.17. ‘Vice-Principal (Administration)’ means the University’s Executive Officer holding that position.
1.2.18. ‘WUPA’ means the Wollongong University Postgraduate Association.
Part 2. Objects
The objects of WUPA are:
- To advance and defend the interests and welfare of postgraduate students at the University;
- To achieve and maintain specific representation for postgraduate students with all official University bodies which affect postgraduate students;
- To afford postgraduate students a recognized means of representation both within and outside the University;
- To organize professional and social activities for postgraduate students with the aim of fostering collegiality within the postgraduate community;
- To provide facilities and services for postgraduate students;
- To carry out research relevant to the educational and other needs of postgraduate students and to report the results of such research to postgraduate students;
- To liaise and, where appropriate, affiliate with other student organizations and tertiary sector unions in order to carry out the above objects.
Part 3. Membership
3.1 Electoral Membership
3.1.1. All postgraduate students of the University are eligible to become electoral members of the Association. This includes all PhD, Masters by research, Masters by coursework, Graduate Diploma, Graduate Certificate, and Honours students enrolled at the University on campuses within Australia.
3.1.2. Electoral members may:
- vote in any WUPA election;
- participate in and vote at any General, Annual General or Special General Meeting;
- stand for any WUPA election;
- nominate or second other members for candidature in any WUPA election;
- as determined by Council, use selected WUPA facilities and services.
3.1.3. Any eligible postgraduate may become an electoral member by providing their contact details to WUPA or to a third party acting on behalf of WUPA
3.2. Financial Membership
3.2.1. All postgraduate students of the University are eligible to become financial members of the Association. This includes all PhD, Masters by research, Masters by coursework, Graduate Diploma, Graduate Certificate, and Honours students enrolled at the University on campuses within Australia.
3.2.2. Financial members may:
- exercise all electoral membership rights;
- hold a position on the Council;
- use WUPA facilities and services.
3.2.3. Any eligible postgraduate who wishes to become a financial member will be required to pay a membership fee, to be determined by the Council from time to time.
3.3. Honorary Life Membership
3.3.1. In recognition of outstanding services
to
WUPA,
honorary life membership may be granted to
WUPA
members by a resolution passed at any Council meeting.
3.3.2. Honorary life members will be able to
use
WUPA
facilities and services.
3.4.1. Associate membership will be open to
WUPA
members who, upon completing their study at the University, wish to
remain members of the Association.
3.4.2. Associate members will be required to
pay an Associate membership fee, to be determined by the Council
from time to time, after their enrolment at the University has
ceased
3.4.3. Associate members will be able to
use
WUPA
facilities and services.
3.4.4. The Council may also accept any
undergraduate student or post-doctoral fellow as Associate members.
3.5.1. In the event of a dispute arising
between members (in their capacity as members), or between a member(s)
and the Council, the following procedure will apply:
4.1.1. The management and control of
WUPA
is vested in the Council.
4.1.2. The Council may employ staff and
appoint sub-committees to assist in carrying out
WUPA’s
objects, subject to the provisions hereof.
4.1.3. In addition to
4.1.1 and
4.1.2, the Council has the
power to do all such things it considers necessary or desirable for
the proper management of
WUPA’s
affairs, in accordance with the objects of
WUPA
set out in Part 2 of this Constitution.
4.2.1. The Council will consist of the
following members:
4.2.2. All electoral members, except
WUPA
employees, are eligible to stand for election to the Council.
4.2.3. Office Bearers are eligible for
re-election only twice in any position.
4.3.1. It is the duty of the
President to:
4.3.2. It is the duty of the
Vice-President (Coursework) to:
4.3.3. It is the duty of the
Vice-President (Research) to:
4.3.4. It is the duty of the
Secretary Treasurer to:
4.3.5. It is the duty of the
Women’s Officer to take
responsibility for matters pertaining to the particular educational,
welfare and other needs of female postgraduate students, and to
liaise with the University administration and other
bodies concerning this matter.
4.3.6. It is the duty of the
International Students’ Officer to
take responsibility for matters pertaining to the particular
educational, welfare and other needs of International postgraduate
students, and to liaise with the University administration and other
bodies concerning this matter.
4.3.7. It is the duty of the
Koori Officer
to take responsibility for matters pertaining to the particular
educational, welfare and other needs of Aboriginal and Torres Strait
Islander postgraduate students.
4.3.8. It is the duty of the
Activities Officer to organise professional
and social activities for postgraduate students, as directed by the
Council;
4.3.9. It is the duty of the
Media Officer to:
4.3.10. It is the duty of the
Honours Student Officer to take
responsibility for matters pertaining to the particular educational,
welfare, and other needs of honours students, and to liaise with the
University administration and their bodies concerning this matter.
4.3.11. It is the duty of the
External Students Officer to representative
students enrolled at
satellite campuses
(including the
Sydney Business School).
It is also the duty of the External Students Officer to represent
and promote the interests of
WUPA
members who study externally or from a distance from the main
Wollongong Campus.
4.3.12. It is the duty of
General Representatives to assist the other
Officer Bearers in their duties as directed by the Council, in
accordance with the objects of
WUPA
set out in Part 2 of this
Constitution.
4.4.1. Elections shall be conducted according
to the Electoral procedures which are detailed in
Schedule 2 to this Constitution and may
only be amended by three-quarter majority vote of the full Council.
4.4.2. The
Vice-Principal
(Administration) will appoint a Returning Officer to oversee
Council elections who will be responsible for receiving nominations,
conducting elections and declaring results.
4.4.3 The Vice-Principal shall make the
appointment in accordance with the procedure set out the Electoral
Regulations
4.4.4. Notice of Council elections should be
given via notices on notice boards around the University, by email,
and by any other means deemed appropriate by the Council.
4.4.5. Nominations for election to Council
will only be acceptable on a official nomination form signed by two
(2) postgraduate students and accompanied by the written consent of
the candidate, and delivered to the Returning Officer.
4.4.6. Where there is only one (1) nomination
received for a position, or in the case of General Representatives,
the number of nominations is equal to the number of positions vacant,
the candidates nominated are duly elected.
4.4.7. Where the number of nomination exceeds
the number of positions vacant, voting will be by secret ballot.
Vote counting should be supervised by the Returning Officer.
4.4.8. Where there are no nominations for a
position, that position will be declared vacant, and may be filled
according to the provisions set out in
Section 4.6.3 of this
Constitution.
4.5.1. The Council will meet at least six
(6) times in the year in which it has been elected.
4.5.2. The President, or in his/her absence,
one of the Vice-Presidents, will chair Council meetings, and in the
absence of the Vice-Presidents, a chair will be elected by those
present at the Council meeting.
4.5.3. Quorum at a Council meeting will be
half plus one (1) of all elected Council members. If within thirty
(30) minutes of the time appointed for the meeting, a quorum is not
present, the meeting will be abandoned. If at any time a Council
meeting becomes inquorate and remains so for thirty (30) minutes,
the meeting will be abandoned.
4.5.4. There shall be at least seven (7)
days’ written notice of the time, date and place of a Council meeting.
4.5.5. Resolutions at Council meetings will
be decided by a majority of votes of those present. Tied votes will
be lost (there is no casting vote).
4.5.6. Members who are not members of the
Council may attend, but not vote at Council meetings.
4.5.7. Apologies for non-attendance of
Council meetings must be received by the Chair or Secretary Treasurer
prior to the time scheduled for the meeting to be held.
4.6.1. A Council position is vacated if the
Council member in that position:
4.6.2. For the purposes of clause 4.6.1,
a meeting of the Council will be deemed to include any occasion when a
meeting has been duly called and the Council is unable to meet through
lack of quorum.
4.6.3. If a Council position is vacated, the
Council shall advertise the vacancy to the membership by means
determined by Council within 30 days and appoint a person to fill
the vacancy from applications for the vacant position.
4.7.1. The Council may create one or more
sub-committees to assist in carrying out
WUPA’s
objects and the duties of the Council. The Council must set the
sub-committee’s terms of reference, and each sub-committee
will be chaired by a Council member.
4.8.1. A member of the Council is to cease
to be a member of the Council if that person ceases to be a student
4.8.2. The Association in general meeting
may by resolution remove any elected member of the Council from
office before the expiration of her/his term and may by resolution
appoint another person to hold office until the expiration of the
term of office of the member so removed.
4.8.3. Any such member of the Council is to
be given two (2) weeks written notice of a motion calling for her/his
removal.
4.8.4. Any member of the Council on whom such
a notice of motion is served has the right to speak or otherwise make
representation to the general meeting at which the motion is to be put.
4.8.5. For the motion to take effect it is
to be upheld by at least two-thirds of those present at such a
meeting.
4.9.1. Students taking officer-bearer positions
within
WUPA
shall abide by both the University’s and
WUPA’s
Code of Conduct.
4.9.2. Failure to comply with
4.9.1 may result in
disciplinary action
4.9.3. Where a University internal
investigation finds against a
WUPA
Councillor, the penalty may include dismissal from their office-bearer
position within
WUPA.
4.9.4. A
WUPA
Councillor may appeal the decision of a University investigation with
the University Council Committee of Appeal (Student Matters).
4.9.5. Any suspected or actual misuse of
resources, corrupt, or criminal behaviour that the
WUPA
staff or office-bearers become aware of in relation to the staff or
office-bearers, is reported immediately to the
Vice Principal
Administration
for formal investigation and action.
4.9.6. Where a complaint is made to the
Vice-Principal
Administration,
he or she shall, in the first instance, refer the matter to
WUPA
Council and staff for comment.
4.9.7. The
WUPA
Council shall develop and implement internal misconduct procedures
to deal with such complaints which shall include the right to
procedural fairness, natural justice, appeal options and
participation and advocacy by union representatives in any such
proceedings
4.10.1. The office-bearers of the Association
shall undertake compulsory heath and safety training within two-months
of taking up their roles.
4.10.2.
WUPA
shall undertake and report on annual appropriate risk analyses and
report any incidents to the University’s occupational health
and safety manager.
5.1.1. The Council may employ staff to assist
in carrying out
WUPA’s
objects. Such employees will be directly responsible to the Council,
through the General Manager.
5.1.2. The role of
WUPA
employees and their conditions of employment will be determined in
job descriptions determined by the Council from time to time, in
accordance with the relevant industrial agreement and/or award.
5.1.3 The
WUPA
staff, along with their union representatives, shall be entitled to
negiotate an enterprise agreement with the Council, if they deem that
appropriate. Until such an agreement is certified,
WUPA
employees shall be entitled to all benefits and procedural rights as
afforded to any university employee.
6.1.1. The Council will call a General
Meeting at least once per year, in addition to the
AGM.
6.1.2. At least fourteen (14) days notice
must be given to members of all general meetings. Notice will be
given by:
6.1.3. A quorum for General Meetings will be
fifty (50) members, not including current Office Bearers. If within
thirty (30) minutes of the time appointed for the meeting, a quorum
is not present, the meeting will be abandoned.
6.1.4 The Secretary-Treasurer shall at all
times monitor quorum, by checking off or registering new members to
the meeting and advise the chair immediately, if the general meeting
becomes inquorate.
6.1.5. The President, or in his/her absence,
one of the Vice-Presidents, will chair meetings, and in the absence
of the Vice-Presidents, a chair will be elected by those present.
6.1.6. Voting at General Meetings will be by
a show of hands unless a secret ballot is demanded. Decisions may be
made by a special majority, except for those matters which must be
decided by a special resolution where a three-quarter majority of
those present is required (see
Part 6.4 of this Constitution).
Tied votes will be lost (there is no casting vote).
6.1.7. All votes must be given personally
and there will be no voting by proxy
6.1.8. The Council will implement any
resolution passed by a General Meeting.
6.2.1. In accordance with the provisions
set out for General Meetings in
Part 6.1 of this Constitution,
the AGM will be held
before the end of April each year.
6.2.2. The following business will be
transacted at each AGM:
6.3.1. In accordance with the provisions
set out for General Meetings in
Part 6.1 of this Constitution,
a Special General Meeting of
WUPA
will be held:
6.4.1. A special resolution must be passed
by a General Meeting of
WUPA
to:
6.4.2. At least
fourteen (14) days’ notice must be given to
members of a special resolution. Notice must give details of the
proposed special resolution.
6.4.3. At least three-quarters of those
present and able to vote must vote for the special resolution in
order for it to be passed.
6.4.4. A special resolution, as described
under
6.4.1 above, shall be endorsed
by the University Council before it can take effect”
6.4.5 The provision set out in
6.4.4 shall only apply to any
new special resolutions proposed by
WUPA
members, and shall not be retrospective.
The Council may adopt standing orders to regulate Council and
General meeting procedures, sub-committees, or other operational
procedures, providing such standing orders are not inconsistent
with this Constitution. Standing orders will be adopted, altered
and abandoned by a resolution passed by three-quarter majority
vote of the full council.
8.1.1.
WUPA’s
financial year will be a calendar year.
8.2.1.
WUPA
funds shall be derived from student fees collected by the University
on behalf of
WUPA,
donations, and subject to any resolution passed by a General Meeting
of WUPA,
any other sources which the Council determines.
8.2.2. All money received by the Association
will be credited as soon as practicable and without deduction to the
credit of
WUPA
accounts
8.2.3.
WUPA
must, as soon as practicable after receiving any money, issue an
appropriate receipt.
8.3.1. Subject to any resolution passed by
a General Meeting,
WUPA
funds will be used in pursuance of the objects of
WUPA
set out in
Part 2 of this Constitution,
in such manner as the Council determines.
8.3.2. All cheques, drafts, bills of exchange,
promissory notes and other negotiable instruments must be signed by
any two (2) members of the Council, or employees of the Association
authorised to do so by the Council.
8.3.3. The Council must keep records of
accounts dealing with
WUPA
finances and property and present at each
AGM, an audited statement
of accounts and the balance sheet for the last calendar year.
8.3.4. No member will be reimbursed for any
expenditure incurred on
WUPA’s
behalf without prior approval of the Treasurer and one other member
of the Council.
8.4.1. The Council will select an independent
auditor to conduct an annual audit of
WUPA’s
finances held in bank accounts external to the university. The
auditor will be completely independent of all student associations
and the University. They will not be a member of
WUPA
nor hold any financial or personal interest in
WUPA,
and will be a member of the Institute of Chartered Accountants in
Australia, or of the Australian Society of Certified Practising
Accountants.
8.4.2 Monies held by the university on behalf
of
WUPA
shall be audited according to the university’s internal
processes
8.5.1.
WUPA
shall report to the University Council twice per year on its
budgetary performance and submit its budget and fee schedules for
audit and approval by University Council with the University budget
papers in October each year.
8.6.1. An honorarium fixed at 50% of the
amount paid as the Australian Postgraduate Award (APA)
(as adjusted annually for
CPI) shall be provided to
the President of
WUPA.
8.6.2. An honorarium fixed at 25% of the
amount paid as the Australian Postgraduate Award (APA)
(as adjusted annually for
CPI) shall be provided to
the Secretary-Treasurer of
WUPA.
8.6.3. The Council may choose to reduce or
cancel these payments at any time, provided that fair-warning is
provided to the office-bearer concerned.
9.1.1. The Council will appoint a person to
be the Public Officer of the Association.
9.1.2. The first Public Officer will be the
person who completed the application for incorporation of
WUPA
9.1.3. The Public Officer will be deemed to
have vacated his/her position in the following circumstances:
9.1.4. When a vacancy occurs in the position
of Public Officer the Council will within fourteen (14) days notify
the Department of Fair Trading by the prescribed form and appoint a
new Public Officer.
9.2.1. The Public Officer is required to
notify the Department of Fair Trading by the prescribed form of:
10.1.1.
WUPA
must maintain insurance as is required under the NSW Associations
Incorporation Act, together with any other insurance which is
required by law or regarded as necessary by the Council.
10.1.2.
WUPA
is also covered by University insurance, and shall liaise with the
University to ensure that it has comprehensive coverage
10.2.1. In the event that
WUPA
is dissolved, any surplus finances or other such property will be
distributed in acordance with the provisions of the NSW Associations
Incorporation Act.
10.3.1.
WUPA
is a non-profit organisation. The income and property of
WUPA
will be used only for promotion of the objects of
WUPA
and will not be paid or transferred to members by way of dividend,
bonus or profit.
10.4.1.
WUPA
shall report to the University in April each year on its previous year
financial statements and in April and October each year on its
performance against budget that year.
10.4.2.
WUPA
shall also produce an annual report for University Council and other
interested parties to describe the major accomplishments during each
calendar year in accordance with the objects of
WUPA
set out in Part 2 of this constitution
10.5.1. Upon receipt of a request in writing,
the President shall supply within fourteen (14) days, to any member
of the Association, to the Vice-Principal (Administration), or to a
representative of any other student organisation, copies of:-
10.5.2. Written requests for access to any
other requested document or record shall be considered by the Council,
and a decision made within 40 days of the request having been
received by the President
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3.4. Associate Membership
3.5. Disputes Between Members
Part 4. The Council
4.1. Powers
4.2. Composition
4.3. Duties of Office Bearers
4.4. Council Elections
4.5. Council Meetings
4.6. Council Vacancies
4.7. Sub-committees of the Council
4.8. Removal of a Council member
4.9. Code of Conduct and disciplinary action
4.10. Occupational Health and Safety
Part 5. WUPA Employees
5.1. Appointment & Role of
WUPA Employees
Part 6. General Meetings
6.1. General Meetings
6.2. The AGM
6.3. Special General Meetings
6.4. Special Resolutions
Part 7. Standing Orders
Part 8. Finance
8.1. Financial Year
8.2. Funds — Source
8.3. Funds — Management
8.4. Auditing
8.5. Budget and Fee Approval by University Council
8.6. Honoraria
Part 9. Public Officer
9.1. Appointment of Public Officer
9.2. Duties of Public Officer
Part 10. Miscellaneous.
10.1. Insurance
10.2. Distribution of Assets
10.3. Non-Profit Association
10.4. Reporting to University Council
10.5. Freedom of Information
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