ANTS Constitution
THE CONSTITUTION OF THE
AUSTRALIAN NURSE TEACHERS SOCIETY (ANTS) INC.
2013
TABLE OF CONTENTS
5. APPLICATION FOR ADMISSION TO MEMBERSHIP OF THE SOCIETY..................... 6
7. TRANSFER OF MEMBERSHIP ENTITLEMENTS........................................................ 6
13. RESOLUTION OF INTERNAL DISPUTES............................................................... 8
15. RIGHT OF APPEAL OF DISCIPLINED MEMBERS.................................................. 9
16. NATIONAL EXECUTIVE DUTIES....................................................................... 9
17. THE NATIONAL EXECUTIVE MEMBERSHIP................................................... 10
18. THE NATIONAL EXECUTIVE ‐ ELECTION........................................................... 10
19. THE NATIONAL EXECUTIVE ‐ TERM OF OFFICE............................................... 10
20. NATIONAL EXECUTIVE ‐CASUAL VACANCIES.................................................. 10
22. ANNUAL GENERAL MEETING.......................................................................... 11
28. THE BRANCH COMMITTEE ‐ DUTIES............................................................... 14
29. THE BRANCH COMMITTEE ‐ MEMBERSHIP..................................................... 14
30. THE BRANCH COMMITTEE ELECTION........................................................... 15
31. THE BRANCH ACCOUNTS AND AUDITS........................................................... 16
32. ALTERATION OF THE CONSTITUTION.............................................................. 16
34. DISSOLUTION OF THE SOCIETY....................................................................... 17
1. THE NAME
The name of the organisation shall be the Australian Nurse Teachers Society Inc. (ANTS).
In this document, the term Nurse encompasses Registered Nurse, Enrolled Nurse, Midwife and Nurse Practitioner.
2. LEGISLATION
ANTS is a not for profit Incorporated Association and regulated by the Associations Incorporation Act NSW (2009) and Associations Incorporation Regulation (2010).
3. OBJECTS
The objects of the Society shall be to:
3.1 Promote the advancement of all aspects of nurse education.
3.2 Encourage the free exchange of educational and professional ideas within the Society.
3.3 Establish effective communications and relationships between the Society, other educational bodies and other groups involved in nursing and nurse education.
3.4 Evaluate research from all sources in nurse education, recommend areas of research to appropriate persons and groups and assist with research where practicable.
3.5 Formulate policies on nurse education; evaluate the policies formulated by other bodies, and communicate these policies and evaluations to interested parties, including government, its instrumentalities and other policy‐making bodies.
3.6 Confidently reflect and express the opinions and policies of those engaged in nurse education in all contexts.
3.7 Accept or refuse any gift, endowment or bequest made to or acquired by the Society and undertake and execute any charitable and other trusts which may be considered expedient and desirable in the interest of the Society.
3.8 Raise funds by donations, membership fees, educational events and otherwise for the attainment of the above objects.
3.9 To do all such other things as are incidental or conducive to the attainment of the above objects.
4. ELIGIBILITY FOR MEMBERSHIP
The Society shall consist of:
4.1. Ordinary Members being those engaged in nurse education in the following categories:
a) Category One: Registered nurses, midwives, and Nurse Practitioners who are primarily engaged in the teaching of nurses and/or midwives and scholarship. These persons have voting rights and are eligible to stand for office;
b) Category Two: Registered nurses, midwives, Nurse Practitioners and Enrolled Nurses who are engaged in the teaching of nurses and/or midwives as part of their role, but generally it is not their primary role. These persons have voting rights but are not eligible to stand for office;
c) Category Three: Other persons who are involved in the education of nurses and/or midwives and previous members who have retired from the workforce. These persons have voting rights but are not eligible to stand for office.
4.2. Fellows: Category One Members who have fulfilled the criteria for admission to Fellowship of the Australian Nurse Teachers Society.
4.3. Life Members: A Category One member who has shown evidence of outstanding, continuing contribution to ANTS and has been approved by National Executive as Life Member. Life Members shall be exempt from Annual Membership fees and may attend meetings and functions at Membership rates.
4.4. Honorary Members: Persons who show evidence of continuing contribution to ANTS and have been approved by National Executive as Honorary Members. Honorary Members shall be exempt from Annual Membership fees and may attend meetings and functions at Membership rates but are not entitled to vote or nominate for office on a Branch or National Committee.
5. APPLICATION FOR ADMISSION TO MEMBERSHIP OF THE SOCIETY
5.1. The application for Membership of the Society must:
a) be submitted to the administrator using the ANTS application form;
b) have all the components of the form completed
c) includes the sum payable as indicated on the application form;
5.2. If the applicant does not meet ordinary member criteria, the Administrator must:
a) notify the applicant in writing of the reason for non acceptance
b) not process the membership fee.
6. CESSATION OF MEMBERSHIP
6.1. A person ceases to be a member of the Society if the person:
a) dies;
b) resigns that Membership;
c) fails to pay renewal of the Membership fee as per clause 9.2
d) is removed from the professional register
e) is expelled as per clause 14
7. TRANSFER OF MEMBERSHIP ENTITLEMENTS
7.1. Membership of the Society is not transferable to another person.
8. REGISTER OF MEMBERS
8.1 The Administrator of the Society shall maintain a register of Members of the Society specifying the name, category and contact details of each person who is a member of the Society together with the date on which the person became a member.
8.2 Members are to inform the Administrator of any changes to status and contact details.
8.3 National Executive and Branch committee members will have access to relevant membership details via the ANTS website.
8.4 The register of all Society Members names shall be kept by the Administrator and shall be open for inspection according to the Privacy policy.
8.5 Any requests to contact Members should be referred to the National Executive for consideration.
9. FEES AND SUBSCRIPTIONS
9.1. A member of the Society shall pay:
a) an Annual Membership fee of the amount as determined by the National Executive, and ratified at a National Annual General Meeting
b) within 30 days of the due date or within such time allowed by the National Executive.
9.2. Members who have not paid within 3 months of the due date are unable to vote or stand for office or receive membership entitlements until fees are paid. Any member who fails to pay within six (6) months of having been notified of lapse in membership shall be deemed to have resigned and shall have his/her name removed from the register of Members.
10. MEMBERS LIABILITIES
10.1. The liability of a member of the Society to contribute toward the payment of any debts and liabilities of the Society or the cost, charges and expenses of the winding up of the Society is limited to the amount, if any, unpaid by the member in respect of Membership of the Society.
11. FUNDS ‐ SOURCE
11.1 The funds of the Society shall be derived from educational event fees and annual fees of members, donations and such other sources as determined by the National Executive.
11.2 All money received by the Society shall be deposited as soon as practicable and without deduction to the credit of the Societys account.
11.3 The Society shall, as soon as practicable after receiving any money, issue a receipt.
12. FUNDS ‐ MANAGEMENT
12.1 Subject to any resolution passed by the Society in a General Meeting, the funds of the Society are to be used in pursuance of the objects of the Society in such a manner as the National Executive determines.
12.2 National and Branch fund management will follow the Societys financial processes.
12.3 All expenditure shall be ratified by the National Executive.
13. RESOLUTION OF INTERNAL DISPUTES
13.1 Disputes between Members (in their capacity as Members) of the Society, and disputes between Members and the Society, are to be dealt with in accordance with procedural fairness by notifying the National Executive in writing outlining the issue of dispute.
14. DISCIPLINING OF MEMBERS
14.1 A complaint may be made by any member of the Society if some other member of the Society has:
a) persistently refused or neglected to comply with a provision or provisions of these clauses; or
b) persistently and wilfully acted in a manner prejudicial to the interests of the Society.
14.2 On receiving such a complaint, the National Executive:
a) must cause 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 National Executive in relation to the complaint
14.3 The National Executive may, by resolution, expel the member from the Society or suspend the member from membership of the Society if, after considering the complaint and any submission made in relation to the complaint, it is satisfied that the facts alleged in the complaint have been proved.
14.4 If the Society expels or suspends a member, the National Executive Secretary must, within 7 days after the action is taken, notify the member in writing of the reasons given by the National Executive for having taken that action and of the members right of appeal under clause 15.
14.5 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 Society confirms the resolution under clause 15.4, whichever is the later.
15. RIGHT OF APPEAL OF DISCIPLINED MEMBERS
15.1 A member may appeal to the Society at a Branch meeting against the resolution of the National Executive under clause 14, within 7 days after notice of resolution is served to the member by lodging with the Branch Secretary a notice to that effect.
15.2 The notice needs to be accompanied by a statement of the grounds on which the member intends to rely for the purpose of the appeal.
15.3 On receipt of a notice from the member under clause 15.1, the Branch Secretary must notify the National Executive which is to convene an extraordinary General Meeting to be held within 28 days after the date on which the Secretary received the notice.
15.4 At this extraordinary General Meeting convened under clause 15.3:
a) no business other than the question of appeal shall be transacted; and
b) the Executive 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.
15.5 The appeal is to be determined by a simple majority of votes cast by members of the society at the meeting.
16. NATIONAL EXECUTIVE DUTIES
16.1 The committee of management of the Society shall be known as the National Executive and is subject to the Associations Incorporation Act NSW (2009).
16.2 The National Executive:
a) controls and manages the National affairs of the Society;
b) has the power to perform all such acts and do all such things as appear to the National Executive to be necessary or desirable for the proper management of the affairs of the Society;
c) is responsible for the overall management of the Branch Committees;
d) receives reports from the Branch Committees;
e) may from time to time determine to amend the duties of the Office Bearers.
17. THE NATIONAL EXECUTIVE MEMBERSHIP
17.1 The National Executive of the Society shall be the President, the Vice‐ President, the Treasurer, the Secretary, and the State Liaison. The Members of the National Executive will be known as Office Bearers.
18. THE NATIONAL EXECUTIVE ‐ ELECTION
18.1 Six weeks prior to the National Annual General Meeting, Members can nominate candidates for the National Executive who have served at least one term on a Branch Committee.
18.2 The National Executive will be elected by Members at the National Annual General Meeting.
18.3 National Executive Members shall serve in an honorary capacity.
19. THE NATIONAL EXECUTIVE ‐ TERM OF OFFICE
19.1 The term of office for each member of the National Executive will be set at 2 years with a provision of re‐election by Members for a maximum period of 3 terms.
20. NATIONAL EXECUTIVE ‐CASUAL VACANCIES
20.1 A casual vacancy in the office of a member of the National Executive occurs if that member:
a) dies;
b) ceases to be a member of the Society;
c) resigns office by notice in writing given to the National Executive Secretary or President;
d) is absent without knowledge or consent of the National Executive for 2 consecutive meetings;
e) is removed from the National Executive as part of an initiated grievance process as identified in clause 15.
f) When a casual vacancy exists, the National Executive could undertake dual roles, or will nominate a replacement from branch committee membership, or from society membership for the remaining duration of the term.
21. NATIONAL MEETINGS
21.1 Meetings of The National Executive should be conducted on a quarterly basis or as deemed appropriate by the President. .
21.2 The President or Vice President must be present to chair all National meetings of the Society.
21.3 There must be a minimum of three (3) Office Bearers present at any meeting of the National Executive.
21.4 The National Secretary (or nominated officer) shall record in the Minutes:
a) the names of the Members present at each Meeting of the Society;
b) all resolutions and proceedings;
c) all appointments of officers, sub‐committees.
21.5 Such minutes shall be signed by the Chairperson of the Meeting to which they relate and made available to members.
21.6 A National Meeting between the President, or nominated representative, and one other Office Bearer of the National Executive and a maximum of two representatives from each Branch Committee of the Society shall be held a minimum of twice each year to deal with any business which may be placed on the agenda by a Branch or National Secretary, and any business placed before the Meeting by a member.
22. ANNUAL GENERAL MEETING
22.1 Presence of National President or Vice President, majority of National Executive and one representative from each Branch committee (or proxies) shall constitute a quorum at National Annual General meetings.
22.2 With the notice of the Annual General Meeting, the National Executive shall call for written nominations for end of term / vacant positions. Each nomination must be submitted to the Secretary on the Official Nomination Form and be signed by a proposer, a seconder, and the nominee, all of whom must be financial members of the Society.
22.3 The Returning Officer shall be appointed by the Societys President at the Annual General Meeting from members who are not candidates for office at that election.
22.4 At the opening of the Annual General Meeting, the Returning Officer is to announce the closing time of nominations for the National Executive.
22.5 Election shall be by simple majority.
22.6 In the event of the receipt of fewer nominations than places available on the National Executive, the National Executive may co-opt any members to temporary membership of the National Executive until the position is filled. Such co-opted members shall hold all the rights and obligations of any duly elected member for the duration of her/his tenure. If the number of nominations received exceeds the number of vacancies to be held, a ballot will be held.
22.7 The incoming National Executive term commences from the close of the Annual General Meeting.
23. VOTING
23.1 Upon any question arising at any meeting of the Society, a member has one vote only.
23.2 All votes shall be given personally or by proxy. A member or proxy is not entitled to vote at any meeting of the Society unless all money due and payable by the member or proxy to the Society has been paid, other than the amount of the annual subscription payable in respect of the current year.
23.3 In the case of an equality of votes on a question at any meeting, the Chairperson of the Meeting is entitled to exercise a second or casting vote.
24. APPOINTMENT OF PROXIES
24.1 Each member shall be entitled to appoint another member as proxy by notice given to the Secretary no later than the commencement of the Meeting in respect of which the proxy is appointed.
25. SOCIETY ACCOUNTS
25.1 The Society financial year is each period of 12 months after the expiration of the previous financial year of the association, commencing on 1 January and ending on the following 31 December.
25.2 All funds of the Society shall be deposited in an approved account at a nominated financial institution. The National Executive will determine who can manage each account.
25.3 The National Executive will be directly responsible for all Society accounts, expenditure and other day to day expenses deemed by the National Executive for the Society to function.
25.4 Each Branch committee will be directly accountable for their Branch expenditure and other day to day expenses deemed by the Branch committee for the Branch to function.
25.5 The National Executive will have authority over Branch funds to monitor and manage as appropriate to ensure fiscal responsibility.
25.6 The National Executive shall cause proper accounts and records to be kept at the office or such other place as the National Executive nominates and shall at any time be available for the inspection by Members of the Society.
25.7 The National Treasurer will provide a current financial report at each National Executive meeting
25.8 The Accounts of the Society shall be audited annually and a report shall be presented at the National Annual General Meeting.
25.9 The income and profit of the Society whensoever derived shall be applied solely towards the promotion of the objectives of the Society and no portion thereof shall be paid or transferred directly or indirectly by way of individual bonus or otherwise howsoever by way of profit to the members of the Society except as a bona fide compensation for services rendered or expenses incurred on behalf of the Society.
26. INSURANCE
26.1 The Society must effect and maintain insurance pursuant to the Associations Incorporation Act NSW (2009).
26.2 In addition to the required insurance, the Society may effect and maintain other insurance.
27. THE BRANCHES
27.1 There shall be Branches of the Society in any State/Territory as determined by the National Executive.
28. THE BRANCH COMMITTEE ‐ DUTIES
28.1 The Branch Committees shall be subject always to the control of the National Executive and follow the constitution and Board Charter of the Society.
28.2 Do all such things as necessary for the management of the affairs of the Branch of The Society.
28.3 Branch Committees purpose will be primarily to organise educational events and to recruit Members in their own state.
28.4 The Branch Committee will maintain the financial records of all Branch transactions in accounts established and approved by the National Executive.
28.5 The Branch Committee will provide a report of activities to the National Executive.
28.6 The Branch Committee will organise at least three (3) meetings of the Branch of the Society per year.
28.7 The Branch Committee will organise an Annual Meeting each year to elect a new Branch Committee as per clause 30.
29. THE BRANCH COMMITTEE ‐ MEMBERSHIP
29.1 The Branch Committee shall consist of a minimum of four (4) Members: the Chairperson, Secretary, Treasurer and Education Officer.
29.2 Branch Committee Members shall serve in an honorary capacity.
29.3 The term of office for each member of the Branch committee will be set at 2 years with a provision of re‐election by Members for a maximum period of 3 terms.
29.4 Branch Committee Members shall be eligible for election to National Executive after one term.
29.5 The tenure of a member of the Branch Committee is cancelled if she/he fails to attend two (2) consecutive Meetings of the Branch Committee without leave of absence by the Chairperson.
29.6 The tenure of a member of the Branch Committee is cancelled if she/he resigns the position in writing to the Branch Secretary.
29.7 The Branch committee must notify the National Executive of any changes in the Branch committee membership.
30. THE BRANCH COMMITTEE ELECTION
30.1 The Branch shall have an Annual General Meeting each year to appoint Office Bearers of each Branch.
30.2 A quorum will consist of 10% of financial members of the Branch and include the presence of the Chairperson (or nominated representative) and two
(2) office bearers .
30.3 If within half an hour after the appointed time for the commencement of a 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 same time and (unless another place is specified at the time of the adjournment 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.
(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 at least 3) are to constitute a quorum.
30.4 At least six (6) weeks prior to the Branch Annual General Meeting, Members are to be notified of the meeting and can nominate candidates for the Branch committee.
30.5 Each nomination must be submitted to the Branch Secretary on the Official Nomination Form and be signed by a proposer, a seconder, and the nominee, all of whom must be financial Members of the Society.
30.6 The Returning Officer shall be appointed by the Branch Chairperson at the Annual General Meeting from Members who are not candidates for office at that election.
30.7 At the opening of the Branch General Meeting, the Returning Officer is to announce the closing time of nominations for the Branch Committee Office Bearers.
30.8 Election shall be by simple majority.
30.9 The incoming Branch Committee shall assume office from the close of the Annual General Meeting.
30.10 The names of the successful Office Bearers will be submitted to the National Executive within 14 days.
30.11 In the event of the receipt of fewer nominations than places available on the Branch Committee, the Committee may co‐opt any eligible Members to temporary Membership of the Committee until the position is filled. Such co‐ opted members shall hold all the rights and obligations of any duly elected member for the duration of her/his tenure.
30.12 If the number of nominations received exceeds the number of vacancies to be held, a ballot will be held.
31. THE BRANCH ACCOUNTS AND AUDITS
31.1 The funds of the Branch of the Society shall be handled according to Clause 25.
31.2 Branch Expenditure will be authorised by the Branch Committee.
31.3 A financial report will be submitted by the Branch Treasurer at each Branch meeting.
32. ALTERATION OF THE CONSTITUTION
32.1 Amendments to the Constitution shall be proposed by resolution at the National Annual General Meeting.
32.2 Any proposed amendments to the Constitution shall be communicated to all Members at least six (6) weeks prior to a close of vote.
32.3 Amendments will be accepted by membership vote.
33. INSPECTION OF BOOKS
33.1 The records, books and other documents of the Society shall be open to inspection, free of charge, by any Member of the Society at any reasonable hour.
33.2 Notification that Members would like to inspect the books must be submitted to a National Executive member in writing.
34. DISSOLUTION OF THE SOCIETY
34.1 If in the event of a duly constituted National Executive Meeting of the Society a two‐thirds majority of Members eligible to vote decides that the Society is dissolved, then this decision shall be put to a second vote at a second Special General Meeting.
34.2 Such Meeting shall be convened not less than twenty‐eight (28) days and not more than fifty‐six (56) days following the first Special General Meeting.
34.3 Notice of dissolution shall be given to all Members in writing within fourteen (14) days after the date of the second Special General Meeting.
34.4 In the event of the Society being dissolved, the National Executive and Members of the Society shall direct at the second Special Meeting that any monies held at that date be transferred to a nominated registered non profit‐ making organisation.
34.5 If upon winding up or dissolution of the Society, after the satisfaction of all its debts and liabilities there remains any property whatsoever, the same shall not be paid to or distributed among the Members of the Society but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Society and which shall also prohibit the distribution of its or their property among its or their Members such institutions to be determined by the Members of the Society at or before the time of dissolution or in default thereof by the Chief Judge of such Court as may have or acquire jurisdiction in this matter.
34.6 The NSW Department of Fair Trading is to be notified.
35. REGISTERED OFFICE
35.1 The Registered Office of the Society shall be in the State of NSW, or at such other place as the National Executive may from time to time determine.