(ABN ) As amended on 25 February 2014

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1 Constitution of the St Mark s Anglican Community School Parents and Friends Association Incorporated (ABN ) As amended on 25 February 2014

2 INDEX 1. NAME DEFINITIONS AIMS AND OBJECTIVES MEMBERSHIP OF THE ASSOCIATION VOTING COMMITTEE OF MANAGEMENT COMMITTEE OF MANAGEMENT MEMBERSHIP CONDITIONS PRESIDENT AND VICE PRESIDENT SECRETARY TREASURER VACANCIES ON THE COMMITTEE OF MANAGEMENT COMMITTEE OF MANAGEMENT MEETINGS SCHOOL COUNCIL PARENT REPRESENTATION FINANCIAL ACCOUNTABILITY MEETINGS OF THE ASSOCIATION FUNDS OF THE ASSOCIATION AMENDMENT OF CONSTITUTION RECORDS AND DOCUMENTS DISSOLUTION COMMON SEAL DISPUTES AND MEDIATION PROXIES OF MEMBERS OF ASSOCIATION Page 2 of 16

3 1. NAME The name of the Association shall be The St. Mark s Anglican Community School Parents and Friends Association Incorporated, hereinafter referred to as The Association 2. DEFINITIONS AGM Committee Meeting Annual General Meeting A meeting of The Committee of Management members only Committee of Management The members elected at the Annual General Meeting to manage the affairs of the Association Financial Member Financial Year First Term General Meeting P&F School Special General Meeting The Act Unfinancial Member A member whose subscriptions have been paid by the due date and therefore eligible to vote. Each 12 month period commencing 1 January and ending on 31 December of each year The first term of the academic school year of St Mark s Anglican Community School normally commencing early February and finishing during the month of April of each calendar year A meeting of the Association open to all members of the school community Parents and Friends The St Mark s Anglican Community School A general meeting called to address a specific agenda item Associations Incorporated Act (1987) (WA) A member whose subscriptions have not been paid by the due date and therefore unable to vote Page 3 of 16

4 3. AIMS AND OBJECTIVES The aims and objectives of the Association shall be 3.1 To promote the Christian emphasis of the School by participation where appropriate in worship and presentation of the Christian message and in creating a loving, caring community of faith in the School. 3.2 To create opportunities for parents and teachers to become more closely acquainted in order to facilitate the discussion of subjects of mutual interest. 3.3 To be available for consultation with the Principal with the object of promoting the effectiveness of the School as an educational establishment affording assistance to this end. 3.4 To organise social activities designed to promote the general welfare of the School. 3.5 To provide assistance in School activities. 3.6 To maintain close liaison with the School Council and generally assist in promoting the interest of the School and the achievement of the objects of the school. 3.7 To raise funds and expend them for the purpose of carrying out the objects of the Association, for the benefit of the School. 3.8 To foster a close link between the School, local Churches and the community. 3.9 To create a fellowship among the members of the Association To ensure the property and income of the Association are applied solely towards the promotion of the objects of the Association and that no part of the property or income may be paid or otherwise distributed, directly or indirectly, to members of the Association, except in good faith in the promotion of the objects. 4. MEMBERSHIP OF THE ASSOCIATION 4.1 Membership All parents and guardians of present pupils of the School together with parents of children to whom a place has been offered and from whom an acceptance of the offer of a place has been received, members of the School Staff and members of the School Council shall be entitled to be members of the Association Membership of the Association shall otherwise be open to parents and guardians of past pupils of the School Subject to the approval of the The Committee of Management, all other adults interested in and willing to promote the welfare of the School. Page 4 of 16

5 4.2 Annual Subscriptions There shall be an annual subscription. The amount of the said subscription shall be determined at the Annual General Meeting of the Association. Subscriptions are payable annually within 21 days of the first day of the first term Any member whose membership subscription is more than three (3) months in arrears shall be deemed to be unfinancial and shall cease to be a financial member of the Association One subscription shall entitle any parent or guardian of a child at the school to financial membership. 4.3 Cessation of membership Any member desiring to resign his or her membership shall notify the Secretary in writing of his or her desire to resign. The Secretary shall refer such notification to The Committee of Management who shall accept such resignation Such person shall continue to be a member of the Association until his or her resignation is accepted by The Committee of Management or until the conditions subject to which it is accepted shall be fulfilled Subject to the Rule hereof, no member shall cease to be a member save as aforesaid or until he or she is expelled by The Committee of Management under the provisions hereinafter contained. If any member in the opinion of The Committee of Management is found guilty of misconduct or conduct prejudicial to the integrity of the Association, The Committee of Management may expel such offending member from the Association. Such member may appeal to a Special General Meeting and the decision of The Committee of Management shall not be interfered with unless by a vote of 75% majority of the members in attendance and entitled to vote. Written notice of such appeal must be made to the Secretary within seven days of notification of expulsion being given to such member Any member causing loss or damage to the Association or its equipment or property through failure to observe and comply with these Rules and By-Laws of the Association or the Directions or orders of The Committee of Management or any other officer of the Association shall be liable thereafter. 4.4 Register of members The Secretary, on behalf of the Association, must comply with section 27 of the Act by keeping and maintaining- in an up to date condition a register of the members of the Association and their postal or residential addresses and, upon the request of a member of the Association, shall make the register available for the inspection of the member and the member may make a copy of or take an extract from the register but shall have no right to remove the register for that purpose. Page 5 of 16

6 4.4.2 The register must be so kept and maintained at the Secretary s place of residence, or at such other place as the members at a general meeting decide The Secretary must cause the name of a person who dies or who ceases to be a member under rule 4.3 to be deleted from the register of members referred to in sub-rule VOTING Financial members present at any meeting and entitled to remain thereat shall be entitled to exercise one (1) vote on any motion before or election held at the meeting. The Chairperson shall not be entitled to vote save insofar as to exercise a casting vote. 6. COMMITTEE OF MANAGEMENT The Committee of Management of the Association shall consist of: 6.1 President 6.2 Vice President 6.3 Secretary 6.4 Treasurer 6.5 Other members totalling not less than six (6) but not exceeding ten (10) 6.6 Principal or Principal s delegate (non executive member) Page 6 of 16

7 7. COMMITTEE OF MANAGEMENT MEMBERSHIP CONDITIONS 7.1 All members of The Committee of Management shall comply with membership as defined in section Only one parent or guardian from each family shall be eligible for membership of The Committee of Management. 7.3 The Committee of Management shall be elected at the Annual General Meeting of the Association. 7.4 Subject to clause 11.2, a Committee member s term will be from his or her election at an annual general meeting until the election referred to in sub-rule 7.3 at the next annual general meeting after his or her election, but he or she is eligible for re-election to membership of the Committee. 7.5 Except for nominees under clause 7.8, a person is not eligible for election to membership of the Committee unless a member has nominated him or her for election by delivering notice in writing of that nomination, signed by the nominator; and the nominee to signify his or her willingness to stand for election, to the Secretary not less than 7 days before the day on which the annual general meeting concerned is to be held. 7.6 A person who is eligible for election or re-election under this rule may propose or second himself or herself for election or re-election; and vote for himself or herself. 7.7 If the number of persons nominated in accordance with clause 7.5 for election to membership of the Committee does not exceed the number of vacancies in that membership to be filled the Secretary must report accordingly to; and the Chairperson must declare those persons to be duly elected as members of the Committee at, the annual general meeting concerned. Page 7 of 16

8 7.8 If vacancies remain on the Committee after the declaration under clause 7.7, additional nominations of Committee members may be accepted from the floor of the annual general meeting. If such nominations from the floor do not exceed the number of vacancies the Chairperson must declare those persons to be duly elected as members of Committee. Where the number of nominations from the floor exceeds the remaining number of vacancies on the Committee, elections for those positions must be conducted. 8. PRESIDENT AND VICE PRESIDENT 8.1 Subject to this rule, the President must preside at all general meetings and Committee of Management meetings. 8.2 In the event of the absence from a general meeting of the President, the Vice-President; or both the President and the Vice-President, a member elected by the other members present at the general meeting, must preside at the general meeting. 8.3 In the event of the absence from a Committee of Management meeting of the President, the Vice-President; or both the President and the Vice-President, a Committee of Management member elected by the other members present at The Committee of Management meeting must preside at The Committee of Management meeting. 9. SECRETARY The Secretary must- 9.1 co-ordinate the correspondence of the Association; 9.2 keep full and correct minutes of the proceedings of The Committee of Management and of the Association; 9.3 comply on behalf of the Association with section 27 of the Act with respect to the register of members of the Association, as referred to in rule 4.4; section 28 of the Act by keeping and maintaining in an up to date condition the rules of the Association and, upon the request of a member of the Association, must make available those rules for the inspection of the member and the member Page 8 of 16

9 may make a copy of or take an extract from the rules but will have no right to remove the rules for that purpose; and section 29 of the Act by maintaining a record of the names and residential or postal addresses of the persons who hold the offices of the Association provided for by these rules, including all offices held by the persons who constitute The Committee of Management and persons who are authorised to use the common seal of the Association under rule 20; and the names and residential or postal addresses of any persons who are appointed or act as trustees on behalf of the Association; 9.4 and the Secretary must, upon the request of a member of the Association, make available the record for the inspection of the member and the member may make a copy of or take an extract from the record but will have no right to remove the record for that purpose; 9.5 unless the members resolve otherwise at a general meeting, have custody of all books, documents, records and registers of the Association, including those referred to in paragraph 9.3 but other than those required by rule 10 to be kept and maintained by, or in the custody of, the Treasurer; and 9.6 perform such other duties as are imposed by these rules on the Secretary. 10. TREASURER The Treasurer must be responsible for the receipt of all moneys paid to or received by, or by him or her on behalf of, the Association and must issue receipts for those moneys in the name of the Association; 10.2 pay all moneys referred to in paragraph (10.1) into such account or accounts of the Association as The Committee of Management may from time to time direct; 10.3 make payments from the funds of the Association with the authority of a general meeting or of The Committee of Management and in so doing ensure that all cheques are signed by himself or herself and at least one other authorised Committee of Management member, or by any two others as are authorised by The Committee of Management; 10.4 comply on behalf of the Association with sections 25 and 26 of the Act with respect to the accounting records of the Association by keeping such accounting records as correctly record and explain the financial performance and financial position of the Association; Page 9 of 16

10 keeping its accounting records in such manner as will enable true and fair financial statements of the Association to be prepared from time to time; keeping its accounting records in such manner as will enable true and fair accounts of the Association to be conveniently and properly audited; and submitting to members at each annual general meeting of the Association financial statements of the Association showing the financial performance and cash flows of the Association for the immediately preceding financial year and the financial position of the Association at the end of the immediately preceding financial year at each meeting of the Committee of Management, submit a report showing income and expenditure for year to date and whenever directed to do so by the President, present a balance sheet and/or cash flow in accordance with that direction; 10.6 unless the members resolve otherwise at a general meeting, have custody of all securities, books and documents of a financial nature and accounting records of the Association, including those referred to in paragraphs (10.4) and (10.5); and 10.7 perform such other duties as are imposed by these rules on the Treasurer. 11. VACANCIES ON THE COMMITTEE OF MANAGEMENT 11.1 A vacancy occurs in the office of a Committee of Management member and that office becomes vacant if The Committee of Management member dies; resigns by notice in writing delivered to the President or, if The Committee of Management member is the President, to the Vice-President and that resignation is accepted by resolution of the Committee of Management; is convicted of an offence under the Act; is permanently incapacitated by mental or physical ill-health; is absent from more than three consecutive Committee of Management meetings; or three Committee of Management meetings in the same financial year without tendering an apology to the person presiding at each of those Committee of Management meetings; of which meetings the member received notice, and The Committee of Management has resolved to declare the office vacant; ceases to be a member of the Association; or Page 10 of 16

11 is the subject of a resolution passed by a general meeting of members terminating his or her appointment as a Committee of Management member 11.2 If, for any reason outlined in sub rule 11.1, an office becomes vacant, or in the event of an office not being filled at the Annual General Meeting, The Committee of Management shall have the power to fill the vacancy and such appointment shall be valid until the next Annual General Meeting The Committee of Management shall have the right to co-opt additional members to The Committee of Management as it deems appropriate. 12. COMMITTEE OF MANAGEMENT MEETINGS 12.1 The Committee of Management must meet together for the dispatch of business not less than 8 times in each year and the President, or at least 50% of the members of The Committee of Management, may at any time convene a meeting of the Committee of Management Each Committee of Management member has a deliberative vote A question arising at The Committee of Management meeting must be decided by a majority of votes, but, if there is no majority, the person presiding at The Committee of Management meeting will have a casting vote in addition to his or her deliberative vote At a Committee of Management meeting 2 of either The Committee of Management members defined in rule 6.1, 6.2, 6.3 or 6.4 and 50% of the members defined in rule 6.5 constitute a quorum Subject to these rules, the procedure and order of business to be followed at The Committee of Management meeting must be determined by The Committee of Management members present at the meeting As required under sections 21 and 22 of the Act, a Committee of Management member having any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in the contemplation of, The Committee of Management (except if that pecuniary interest exists only by virtue of the fact that the member of The Committee of Management is a member of a class of persons for whose benefit the Association is established), must as soon as he or she becomes aware of that interest, disclose the nature and extent of his or her interest to The Committee of Management; and not take any deliberations or decision of The Committee of Management with respect to that contract Sub-rule (12.6) does not apply with respect to a pecuniary interest that exists only by virtue of the fact that the member of The Committee of Management is an employee of the Association. Page 11 of 16

12 12.8 The Secretary must cause every disclosure made under sub-rule 12.6 by a member of The Committee of Management to be recorded in the minutes of the meeting of The Committee of Management at which it is made. 13. SCHOOL COUNCIL PARENT REPRESENTATION The Committee of Management maintains the right to nominate one or more members of the Association, who shall at the time of nomination be a parent or guardian of a child currently attending the School, to go before the School Council. The School Council will elect the parent representative from those nominations. The elected parent representative will hold office for a period of three years or until they are no longer a member of the Association, whichever occurs earlier. 14. FINANCIAL ACCOUNTABILITY 14.1 At each Annual General Meeting there shall be elected an Honorary Auditor or Auditors, being a person(s) registered as an auditor under the provisions of Section 18 of the Companies (WA) Code, who shall audit the Annual financial statements of the Association and shall certify to same The Honorary Auditor(s) shall not be an officer of The Committee of Management In the absence of the election of an Honorary Auditor or Auditors it is the obligation of the Committee of Management to appoint, and if necessary, authorise payment of an auditor to conduct an annual audit An annual audit is to be completed prior to the annual general meeting, as the audit report must form part of the financial statements to be presented to the members. 15. MEETINGS OF THE ASSOCIATION 15.1 At any General Meeting, Special General Meeting or Annual General Meeting a quorum consists of 20 members At least three (3) General Meetings shall be held in each school year at such date and time as may be decided upon by The Committee of Management A Special General Meeting may be called by; The Committee of Management; or The written request of any twenty members of the Association and such Special General Meeting shall be held within twenty-eight (28) days of receipt of such a request by the Secretary. The request shall state clearly the purpose for which Page 12 of 16

13 the Special General Meeting is being called and this shall be the only item discussed at the Special General Meeting; Written notification providing 14 days notice of a Special General Meeting and complete details of the purpose of the meeting together with the names of the members requesting the meeting shall be provided to all members of the Association The Annual General Meeting of the Association shall be held in the first term The Secretary must give to all members not less than 21 days notice of the Annual General Meeting and that notice must specify when and where the Annual General Meeting is to be held; the particulars and order in which business is to be transacted, as follows first, the consideration of the financial statements and reports of The Committee of Management; second, the election of The Committee of Management members to replace outgoing Committee of Management members; and third, any other business requiring consideration by the Association at the general meeting The Secretary must give a notice under clause 15.3,15.4 and 15.5 by serving it on a member personally; or sending it by post to a member at the address of the member appearing in the register of members kept and maintained under clause 4.4; or requesting that the school send an to a member at the address which the school has available for correspondence with members; and displaying the notice of any General meeting on the School website FUNDS OF THE ASSOCIATION The funds of the Association shall be kept in an account or accounts with a financial institution registered with the Australian Prudential Regulatory Authority (APRA). The P&F Committee of Management is able to approve a change to the financial institution with which the P&F holds its funds, in order to achieve the most favourable outcome for the P&F. Page 13 of 16

14 17. AMENDMENT OF CONSTITUTION 17.1 The Constitution may be amended only by Special Resolution in accordance with a decision of seventy-five percent (75%) of the members in attendance and entitled to vote at a General Meeting called for the purpose Notice of motion to pass a Special Resolution to amend the Constitution shall be signed by the proposer and seconder and submitted to the Secretary not less than twenty-one (21) days prior to the date of the General Meeting to which the motion is to be submitted A copy of the motion shall appear on the notice calling the meeting. Amendments to this constitution must be ratified by the School Council The appropriate government agency must be notified of any amendments to this constitution. 18. RECORDS AND DOCUMENTS Member may at any reasonable time inspect without charge the books, documents, records and securities of the Association. 19. DISSOLUTION 19.1 The Association may at any time, by Special Resolution passed with the consent of 75% of the members present at a Special General Meeting called for the purpose, be dissolved If upon dissolution or winding up of the Association there remains, after the satisfaction of all its debts or liabilities, any profits and assets whatsoever the same shall not be paid to or distributed amongst the members of the Association for their personal profit or gain. They shall be given or transferred to another association incorporated under the Act which has similar objectives and which is not carried out for the purposes of profit or gain to its individual members and which association shall be determined by resolution of the members. 20. COMMON SEAL 20.1 The Association must have a common seal on which its corporate name appears in legible characters The common seal of the Association must not be used without the express authority of The Committee of Management and every use of that common seal must be recorded in the minute book The affixing of the common seal of the Association must be witnessed by any two of the President, Secretary and the Treasurer. Page 14 of 16

15 20.4 The common seal of the Association must be kept in the custody of the Secretary or of such other person as The Committee of Management from time to time decides. 21. DISPUTES AND MEDIATION 21.1 The grievance procedure set out in this rule applies to disputes under these rules between a member and another member; or a member and the Association; or if the Association provides services to non-members, those non-members who receive services from the Association, and the Association The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator The mediator must be a person chosen by agreement between the parties; or in the absence of agreement in the case of a dispute between a member and another member, a person appointed by the Committee of the Association; in the case of a dispute between a member or relevant non-member (as defined by sub-rule (1) (c)) and the Association, a person who is a mediator appointed to, or employed with, a not for profit organisation A member of the Association can be a mediator The mediator cannot be a member who is a party to the dispute The parties to the dispute must, in good faith, attempt to settle the dispute by mediation The mediator, in conducting the mediation, must give the partes to the mediation process every opportunity to be heard; allow due consideration by all parties of any written statement submitted by any party; and Page 15 of 16

16 ensure that natural justice is accorded to the parties to the dispute throughout the mediation process The mediator must not determine the dispute The mediation must be confidential and without prejudice If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law. 22. PROXIES OF MEMBERS OF ASSOCIATION A member (in this rule called "the appointing member") may appoint in writing another member who is a natural person to be the proxy of the appointing member and to attend, and vote on behalf of the appointing member at, any general meeting. Page 16 of 16

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