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TAPS Proposed Constitution
DRAFT |
Table of contents:
1. NAME . 4
2. DEFINITIONS . 4
3. OBJECTIVES . 4
4. MEMBERSHIP . 5
4.1 Eligibility . 5
4.2 Entitlements . 5
4.3 Subscription Fees . 6
4.4 Member Register 6
4.5 Membership of the NAPSA & IPSF . 7
4.6 Termination of student membership . 7
4.7 Honorary Life Members . 7
5. COMMITTEE . 8
5.1 Components of the Committee . 8
5.2 Eligibility . 9
5.3 Elections of Representatives from the Year Levels of the Pharmacy course. 9
5.4 The structure of the TAPS Committee shall be: 11
5.4.1 An Executive consisting of: 11
5.4.2 Office bearing positions consisting of: 11
5.4.3 Subcommittees . 11
5.5 Eligibility . 11
5.6 Elections of the Executive and Office Bearing Positions . 13
5.7 Vacancies for positions on the TAPS Committee . 14
6. Duties of the Committee . 14
i. The President shall: 14
ii. The Vice-President shall: 15
iii. The Treasurer shall 15
iv. The Secretary shall: 15
v. The Sponsorship Subcommittee shall: 16
vi. The Social and Educational Events Subcommittee shall: 16
vii. The Communications and Publications Officer shall: 17
viii. The NAPSA Liaison Officers shall: 17
ix. The Year Level Representatives Officers shall: 17
x. Administration/TAPS Liaison Officer 18
xi. 1 st Year Assistants . 18
7. POWERS OF THE COMMITTEE . 18
8. MEETINGS . 18
8.1 Motions . 18
8.2 Annual General Meeting (AGM) 19
8.3 Special General Meetings . 20
8.4 General Meetings . 20
8.5 Special Resolution . 21
8.6 Minutes of Meetings . 22
9. DISPUTES AND MEDIATION .. 22
9.1 Grievances . 22
9.2 Procedure . 23
9.3 Mediators . 23
10. FINANCES . 23
10.1 Funding . 23
10.2 Financial Year 24
10.3 Accounts . 24
10.4 Audits . 24
10.5 Assets and Property . 25
10.6 Annual Return . 26
11. AMENDMENT OF THE RULES . 26
12. DISSOLUTION .. 27
13. DISCIPLINE OF COMMITTEE MEMBERS . 27
14. COMMON SEAL . 27
15. CUSTODY AND INSPECTION OF BOOKS AND RECORDS . 27
16. ADHERANCE TO THE RULES . 28
17. Use of Association property & Income . 28
18. The Public Officer .. 28
18.1 Change of Public Officer 29
19. Fees and Payments . 29
20. Suspicion of Fraudulent activity .. 29
21 . Location of this Constitution .. 30
22 . Signature of the Executive . 30
The name of the incorporated association is the Tasmanian Association of Pharmacy Students' Inc. and shall be referred hereinafter as “TAPS”.
“Association” means the Tasmanian Association of Pharmacy Students.
“Executive” means the management of the Association, consisting of the President, Vice President, Secretary and Treasurer.
“Committee” means the Executive and Year Level representatives of the Association.
“Member” means any Pharmacy student who holds membership of the Association.
“Associate Member” means any person whether student or staff of the University of Tasmania, whom is not enrolled in the School of Pharmacy.
“TAPS” means the Tasmanian Association of Pharmacy Students.
“Student” means any person enrolled in the Bachelor of Pharmacy or Master of Pharmacy at the University of Tasmania.
“NAPSA” means the National Australian Pharmacy Students Association.
“IPSF” means the International Pharmacy Students Federation.
“TUU” means the Tasmanian University Union
“AGM means Annual General Meeting
“Chair person” means the President as defined by 6(a).
“CLERP” means Corporate Law Economic Reform Program Act 2004.
i. To promote good fellowship amongst the Members of the Association;
ii. To protect and promote the status, rights and privileges of Members of the Association;
iii. To raise awareness and promote discussion of professional pharmacy issues to members;
iv. To encourage and facilitate interaction between pharmacists, pharmacy related organisations, industry representatives and students on both educational and social levels;
v. To promote and highlight the vocational opportunities available to members in all fields of Pharmacy;
vi. To facilitate contact with Pharmacy students nationwide and worldwide through the National Australian Pharmacy Students' Association and the International Pharmaceutical Students' Federation respectively;
vii. To advance the professional standing of the pharmacy profession in the community, by participating in such events like pharmacy week;
viii. To offer TAPS' members an opportunity to learn in an informal environment where by they can socialise with fellow TAPS members;
ix. To have available a number of educational events throughout the academic year such that members' professional skills are enhanced; and
x. To promote the rights of Pre-registrants and Pharmacy Students who are not Members.
Any student enrolled in the Bachelor of Pharmacy or Master of Pharmacy degrees at the University of Tasmania is eligible to become a Member of the Association.
Students are eligible to be Members of the Association for the duration of the Pharmacy course. They may maintain membership in their Pre-registration year, regardless of their chosen study institution, if they were Members as undergraduates, with all the same benefits as student Members except complementary NAPSA Membership. However, they may apply for Individual Member status with NAPSA, as outlined in Clause 7 of the NAPSA Rules of Association
- Subscription fees will be set at the first meeting of the committee for the calendar year, it should consider, sponsorship, Consumer Price Index (CPI) and any other matters affecting the budget of the Association for the year.
- Subscription fees must paid by prospective members to the Association at the time of registration each year.
- If a Member fails a particular Academic year, and is not permitted to repeat the year and thus is no longer enrolled in the School of Pharmacy at the University of Tasmania, their membership is defaulted whereby they are no longer able to remain in any position of management, representative position and will not be refunded their membership subscription.
- The Secretary will maintain a current and accurate register of Members, which must include:
- the date the student became a Member
- the year level of the Member
- the postal or residential address of the Member
- the contact phone number of the Member
- the mobile number of the Member
- the email address of the Member
- the student Identification number of the Member
- the course type of the Member
- If a Member requests, the Secretary must make the register available for the inspection of that Member and the Member may take a copy or extract of their record, but shall have no right to remove the register for that purpose. However, they may not view the confidential details of other Members, nor may they take a copy or extract of other Members details or remove the register for that purpose.
- All information about Members will be held in strict confidence by the Secretary and will only be used in executing the aims and objectives of the Association. Any member of the Executive has the right to view this information at any time; however it not obliged to disclose this information to any third parties outside the management of the Association. Some information may be passed onto associated organisation such as NAPSA or the TUU in normal business that TAPS performs in executing its obligations to these organisations.
- Any student member of TAPS is automatically a member of NAPSA and IPSF.
- Payment of subscription fees to NAPSA is the responsibility of the Treasurer.
- A member will have their membership revoked when they are no longer enrolled in a course offered by the School of Pharmacy at the University of Tasmania; or are no longer an Employee of the School; or once they have completed their pre-registration year, unless the member in question is an Honorary Life Member.
- A student member may resign from the Association by providing the Secretary with 28 days written notice of their intention to resign.
- Subscription fees will not be refunded to the student.
- The Association may terminate the membership of a student member by resolution at a General Meeting. The Secretary must provide 28 days notice of the General Meeting to all members at which the resolution will be voted on and give written notice of the reason for termination to the student in question. The student member will be able to appeal the termination at this General meeting. If their membership is terminated, the subscription fee will not be refunded. The terminated member will be able to re-apply for membership in the following academic year, and will not be required to pay the subscription fee if they are successful.
- The Association may confer Honorary Life Membership to any person who had given valuable service to the Association or to the profession of Pharmacy.
- Nominations must be received by the secretary 21 days prior to the Annual General Meeting, and will be voted on at that meeting.
- Honorary Life Members will have a status of affiliation with the Association, but will not have a position on the Committee or voting rights and are not entitled to benefits of student members such as subsided entry to events or subsidised merchandise. However, it the Honorary Life Member is still enrolled at the School of Pharmacy at the University of Tasmania, they may still hold a Committee position and participate in voting as long as they have paid their subscription fees for that year.
TAPS Committee will be comprised of the following representatives from the Bachelor of Pharmacy and/or Masters of Pharmacy at the School of Pharmacy at the University of Tasmania:
(a) The Executive
a. President
b. Vice President
c. Secretary
d. Treasurer
(b) 2 representatives from 1 st Year
(c) 2 representatives from 2 nd Year
(d) 2 representatives from 3 rd Year
(e) 2 representatives from 4 th Year
(f) Communications and Publicity Officer
(g) NAPSA Liaison Officer
(h) Rustica Representative
(i) Administration/TAPS Liaison Officer
(j) Subcommittees
a. Social Events Committee
b. Sponsorship Committee
Only Members of the Association are eligible for committee positions. Associate members are not eligible.
5.3 Elections of Representatives from the Year Levels of the Pharmacy course.
- The outgoing President shall reside on the Committee in the following term as the Immediate Past President. They shall take one of the representative positions for their respective year, but do not need do be elected. In the event that the Immediate Past President does not reside on the Committee following their term as President, the Committee structure shall still have the appropriate number of representatives per year level, as described in clause 5.1.
- The First Year representatives will be elected at the Annual General Meeting which is to be held with in three months of the financial year.
- The representatives from 2 nd , 3 rd and 4 th Years will be elected in September of the previous Academic year. Therefore, they will be elected whist they are still in 1 st , 2 nd and 3 rd years respectively, so that they are already in position for the approaching Academic year. They will commence power of the Association at the end of the AGM.
- Nominations for representatives shall be made before the election by a Member and seconded by another Member on the appropriate application form by the specified date with the consent of the nominee.
- Candidates will be short- listed to ensure they are appropriate for the responsibility and commitment of the position. The nominees' name will be concealed on their application form to ensure this process is carried out anonymously and without bias. The preceding Executive will carry out this process, basing their decision on the nominees' responses to the questions on the official application form. Candidates will have the opportunity to appeal if they disagree with the executives' decision. This process is designed to ensure that the candidates are prepared to take on a major and proactive role on the Committee.
- Elections will take place individually for each Year level at an appropriate time in March for 1 st Year and September for 2 nd , 3 rd and 4 th Years. Candidates will be given the opportunity to present a short motivation (15 minutes). A silent vote will take place to elect the representatives, in which all students in that year of the course will be permitted to vote for a maximum of three candidates in order of preference on official printed voting forms. The four candidates from 1 st Year, five candidates from 2 nd and 3 rd Years and three candidates from 4 th Year who score the highest votes will be elected to the TAPS Committee. They will then be eligible for the positions outlined in clause 5.7, subject to the conditions in clause 5.8.
- If only the required number of candidates for each particular year level is short- listed, they are automatically elected to the Committee, and the student body are informed that an election is not required for that year level.
- If the required number of candidates from 2 nd and/or 3 rd year students is not elected to the Committee, the Committee shall endeavour to fill these positions before the AGM by seeking additional candidates from across the 2nd and 3 rd year levels. If there is still less than 10 representatives from 2 nd and 3 rd years combined, the AGM will run as normal, after which students from 4 th year can be sought to fulfil the vacant positions in an honorary capacity until candidates from the appropriate year level can be sought in March of the coming academic year.
- If the required number of representatives are not elected from the 2 nd or 3 rd year levels before the Annual General Meeting, the positions remaining will be open to Members from all year levels of the course, with all Members to vote on who will fill the remaining positions in accordance with the procedures outlined in clause 8.3 at the next Special General Meeting before the AGM.
i. President
ii. Vice-President
iii. Secretary
iv. Treasurer
i. 1 st year representative (2)
ii. 2 nd year representative (2)
iii. 3 rd year representative (2)
iv. 4 th year representative (2)
v. NAPSA Liaison Officer
vi. Rustica Representative
vii. Administration/TAPS Liaison Officer
- Sponsorship
- Social & Educational Events
More subcommittees may be established at anytime at the discretion of the executive.
Eligibility of candidates for positions on the TAPS Committee is subject to the following terms:
- All terms of office are from one AGM to the next, except the 1 st year representatives, who shall hold office from their appointment in March until the coming AGM.
- All candidates for executive positions are recommended to have been a member of TAPS for more than one year.
- The President is recommended to be from 3 rd year and is also recommended to have served on the TAPS Committee in a previous year.
- Only 2 nd and 3 rd Year students shall be eligible for the positions of Sponsorship Officer, Events Officer, Communications and Publications Officer and Executive positions.
- Assistant positions are to be filled by 1 st Year students
- There must be at least one Student Liaison Officer per year level
- There will be one NAPSA representatives, elected from TAPS Members in April/May of every year at a Special General Meeting for that purpose. They will be required to submit an application form subject to the same criteria as 5.3 (d) and (e). They will sit on the NAPSA National Council, as outlined in Clause 11 of the NAPSA Rules of Association, for the term of July to July. They will also sit on the TAPS committee as NAPSA Liaison Officers and will not have to go through the year level elections as the other candidates do to become part of the new TAPS Committee at the AGM, as this is done in April/May at the Special General Meeting. However, if they wish to hold another position on the Committee, they will need to be nominated and go through the election process in clause 5.2. If they do hold an additional position on the Committee, they are only entitled to cast one vote per motion.
- 4 th Year representatives are only eligible to fulfil Student Liaison Officer and NAPSA Liaison Officer roles, as they are absent from university too much due to the Advanced Practical Experience program. However, if a particular position remains unfilled, they may assume the role in an honorary capacity.
- No Member may hold any two positions on the Committee, with the exception of the NAPSA Liaison Officers, who may hold a second position on the TAPS Committee if they are elected to do so and feel that they can adequately perform both roles. No Committee Member shall hold any other position on any other committee, that inhibits them from attending TAPS General Meetings or performing their TAPS position responsibilities. This will be at the discretion of that Member and the Executive.
- If a Member is elected to a position at the AGM, but fails and repeats the Academic year, they may still hold onto their position as long as they remain enrolled in the Pharmacy course.
- No associate member shall be eligible for committee, including any staff members of the School of Pharmacy.
- The executive and office bearing positions on the Committee will be elected at the AGM held every September, except the Assistant positions and 1 st Year Student Liaison Officer, who will be elected at a Special General Meeting in March of every year and the NAPSA Liaison Officers, who will be elected at a Special General Meeting in April/May of every year.
- Candidates are only eligible for the executive and office bearing positions they indicated on their application form, except t he position of Student Liaison Officer, as this position is the minimum level of responsibility that all candidates must be prepared for. If there is no candidate interested in running for a particular position, excluding Student Liaison Officer positions, all candidates will be informed prior to the AGM in case they would like to consider changing their preferences and preparing for the position.
- At the AGM, candidates for any given position will be given opportunity to present a short motivation (2 minutes) whilst other candidates for that position are absent from the room. Any attendee at the AGM may then ask questions of the candidate. The candidate must then leave the room. Someone may then speak on the candidates' behalf to establish their suitability for the position, and a short discussion may follow. Once this process has been completed for all candidates, a silent vote will then take place with the options of writing down the name of the most appropriate candidate for that position or leaving the position open. The candidate with the most votes will be elected to that position. Where there is only one candidate standing for a position, that person will be elected to the Position if at least two-thirds of the Committee members vote in favour of that person. Only Members of the Committee for the year leading up to the AGM, and the year level representatives elected to the new Committee are eligible to vote, with each Member only entitled to cast one vote per motion. If a Committee Member held a position in the previous year, and is remaining on the Committee for the following term, they are still only entitled to cast one vote per motion.
- The new Committee, with the exception of the new first year students who are not elected until March, will commence power of the Association at the end of the AGM.
i. In the event of a casual vacancy in any of the office bearing positions referred to in section 5.4, the committee shall appoint a Member of the Association to fill the vacant position in an honorary capacity and hold office up to and including the conclusion of the AGM or for a shorter specified period of time following the date of appointment.
ii. The office of executive and office bearers of the Association may become vacant if the officer ceases to be a Member of the Association, or resigns from office by giving notice in writing to the secretary.
iii. If any of the executive and office bearers cease to no longer be enrolled in the School of Pharmacy at the University of Tasmania, their position will automatically become vacant such that an Acting position become available.
iv. Appointments to the vacant position will be at the discretion of the committee, the President will approach a suitable replacement offering the position. That person will then attend the next scheduled meeting where by the present member of the committee will vote.
a. Be the public face of TAPS, in a manner consistent with TAPS' constitution and the views of the Executive, Committee and Members.
b. Chair all General, Special General and Annual General Meetings.
c. Present a report of the Associations' activities for the previous year at the Annual General Meeting in September.
d. Ensure an adequate and smooth hand-over of all documents and materials to the following committee.
e. Co-ordinate the overall activities of the Committee.
f. Shall serve as a year representative as Immediate Past President following their term as president.
a. Shall deputise the President and assist the President in his/her duties.
b. Chair all meetings in the absence of the President.
c. Perform other duties that the committee may from time to time direct.
d. Chair the TAPS' sub-committee of Sponsorship and other subcommittees at their discretion.
e. Play an active role in the administration of the TAPS.
f. Ensure that the constitution is kept up to date.
g. Ensure that the Committee is operating within the legal constraints of its Rules of Association and incorporation.
a. Maintain the finances of TAPS.
b. Issue receipts upon request for all moneys paid to TAPS with in 28 days as specified by Commonwealth legislation.
c. Organise for an audit to be performed for the Association each financial year.
d. Present to the Annual General Meeting a report detailing the financial activity and status of TAPS.
e. Ensure adequate and smooth hand-over of all documents and materials to the following Committee.
f. Assist the Sponsorship Officer and Events Officer where necessary, and work in co-operation with the Assistant Treasurer and Sponsorship Officer.
a. Conduct the correspondence of TAPS.
b. Keep minutes of all meetings of TAPS, and make them available to all Members on the TAPS notice board and TAPS website.
c. Maintain the records and documents of the Association.
d. Maintain the Member register.
e. Send notice of all meetings and convene meetings in accordance to the constitution.
f. Be the Public Officer and is responsible for ensuring the Associations Incorporation.
a. Co-ordinate the sponsorship package that will be presented to potential sponsors every year.
b. Be responsible for contacting potential sponsors and building ongoing relationships with them on behalf of TAPS.
c. Assist the Treasurer and Social Events Subcommittee as necessary.
d. Assist in the preparation of the Budget.
e. Responsible for fulfilling the sponsorship packages obligations.
f. Sponsorship packages should be in a similar template as the package in appendix A.
g. Should attend all events where there is to be a sponsor to whom they are the primary contact.
h. Should consist of at least 2 members, preferable at least one member of the executive.
i. Shall meet early January to send letters to sponsors to attempt to secure sponsorship prior to the commencement of the academic year.
a. Be responsible for the organisation of the Associations' events, in co-operation with the Executive, Treasurer and Sponsorship committee.
b. Collect quotes for events, such as buildings/room bookings as well as food and beverages and/or other associated costs.
i. These quotes should be submitted to the executive whom at their discretion will reject or approve the expenditure.
ii. Then and only when approval is given shall the committee commit the organisation to financial obligation/s.
c. Be in attendance at and facilitate efficient running of all TAPS events. In the situation where attendance is not possible another committee member should be nominated to adopt this responsibility.
d. The committee should consist of 6 members whom will share the work load amongst themselves.
a. Be responsible for keeping the TAPS website up to date.
b. Co-ordinate the TAPS newsletter (if applicable for year);
c. Be responsible for organising any TAPS merchandise, including business cards, T-shirts and the like.
a. Reside on the NAPSA National Council for the term of July to July of the following year, with involvement in at least one NAPSA sub-committee.
b. Be the point of contact between the TAPS Committee and NAPSA.
c. Promote NAPSA to the TAPS Members, and represent the interests of TAPS Members to NAPSA.
a. Promote TAPS and our activities to their year level, and express the views of their year level to the Committee.
b. Assist the Committee wherever possible.
c. Work in conjunction with the Events Officer and Communications and Publications Officer when necessary.
a. Attend meetings that they are required to do, in relation to liaison with administration.
b. Inform TAPS of events or issues that need to be addressed with administration and visa versa.
a. The 1 st year Assistants roles are to work in conjunction with their relevant mentor, as described above.
The Committee shall be empowered to do all things conductive and incidental to the objectives of the Association and consistent with these Rules of Association, and the Rules of Association of the TUU.
- Only Committee Members are eligible to vote on motions at meetings, with each Committee Member entitled to one vote.
- There shall be no proxy votes.
- Motions shall be passed by a show of hands, or a secret ballot if any two
- Members of the Committee request.
- Motions must be moved and seconded, with the details recorded in the minutes, including the outcome of the motion, which may be carried, carried unanimously or lost. A motion is carried if 50% of Committee Members present vote in favour of it.
- Committee Members may vote, unless otherwise stated, for, against or abstain, for any motion.
- The Annual General Meeting of the Association shall be held with in three months of the association's financial year as specified in 10.3 of each year at a time when all 1 st , 2 nd and 3 rd year students are not in classes.
- 21 days notice of the AGM and the agenda shall be given to the Members and the Tasmanian University Union.
- At the AGM, the President shall present a deliver a written report of the Associations' activities for the preceding year. The treasurer shall present financial statements accounts for the preceding year. All other positions will submit a report of their yearly activities to be added to the Annual Report.
- The quorum required for each AGM is two-thirds Members of the new Committee, excluding 1 st years are not appointed until March. No items of business may be conducted unless the necessary quorum is present. All Members are encouraged to come to the AGM. Only Members of the preceding and new Committee are eligible to cast votes, if a Member of the previous Committee is up for re-election, they are only entitled to cast one vote. There shall be no proxy votes.
- All Positions will be declared vacant at the beginning of the Annual General Meeting, and the Immediate Past President will chair the meeting until the new Executive is elected. Where the Immediate Past President is unavailable, an independent chairperson will be appointed by the outgoing Committee to chair the meeting until the new Executive is elected. After this time, the President shall chair the meeting, or, if the President is unavailable, the Vice-President. If neither the President nor the Vice-President is available, the new Committee members present shall select one of their numbers to chair the remainder of the meeting.
- The procedure at the AGM shall be:
- Apologies for absence.
- Confirming of minutes of the previous AGM.
- President and Treasurer delivering reports for the preceding year.
- Including audited financial reports
- Elections of Executive and Office Bearers
- Appoint the auditor and determine his/her remuneration for the coming financial year
- Existing audit may be re-elected however it is advised under CLERP 9 that the auditor be changed every five years
- If the association requires an extension of time to hold the AGM the Public Officer must apply to the Business Affairs Branch for permission.
- A Special General Meeting may be called by the Executive or by petition to the Secretary from at least 20 Members. It shall be called within 14 days of receipt be the Secretary at a time at which all 4 year levels are not in classes. 14 days notice shall be given to all Members, unless a Special Resolution is required, where 21 days notice must be given to all Members.
- The President shall be the chairperson of Special General Meetings, or, in the President's absence, the Vice-President. Where neither the President nor the Vice-President is available, the Committee must select one of their number to preside.
- Quorum at a Special General Meeting shall be no less than two-thirds of the Committee, excluding 1 st years if the meeting is held before they are elected in March and 4 th years if they are on APE placements. No items of business may be conducted unless the necessary quorum is present.
- Only the Committee Members can cast vote and a motion will be carried if more than 50% of Committee Members are in favour of it.
- Procedure at Special General Meetings shall be:
- Apologies for absence.
- Confirmation of minutes for the previous Special General Meeting.
- General business for which the meeting was called.
- The Committee must meet at least once every 14 days during the Academic year, excluding exam periods, study breaks and the semester break. They must be held at a time when all four year levels are not in classes. Ideally, they should be held at a regular time and place on a weekly basis.
- The Committee shall endeavour to meet during the semester breaks, in particular, the summer break to ensure that the TAPS responsibilities for orientation week and first semester are organised.
- 4 th year Committee members are not required to be in attendance when they are on APE placements.
- Quorum at a General Meeting is two-thirds of the Committee Members, and the meeting is open for all Members to attend. No items of business may be conducted unless the necessary quorum is present.
- The President shall be the chairperson of General Meetings, or, in the President's absence, the Vice-President. Where neither the President nor the Vice-President is available, the Committee must select one of their numbers to preside.
- General Meetings may be called by the Secretary or President, or at the request of at least half of the Committee. Written notice of General Meetings must be given to all Committee members at least 3 days prior to the Meeting.
- The procedure at General Meetings shall be:
- Apologies for absence.
- Confirmation of minutes of the previous General Meeting.
- Reports and correspondence.
- General Business.
- A special resolution must be passed in order for the Association to change its name, change the Rules, change its statement of purpose, amalgamate with one or more incorporated associations and/or deregister.
- 21 days notice must be given to all Members, specifying the intention to hold a special resolution.
- The special resolution must be held at a Special General Meeting or an Annual General meeting.
- The quorum must be two-thirds of the Committee, excluding 1 st years if they are not yet elected and 4 th years if they are on APE placements. At least three-quarters of Committee Members present must vote in favour of the motion for it to be carried, proxy votes are not eligible.
- Where the special resolution is passed the public officer must, within one month, lodge notice with the Commissioner.
- Resolution forms available from the commissioner include
- Change of Association's Name
- Change of Financial Year
- Deregistration of the Association
- Amalgamation
- Change to rules/constitution
- Forms are available on the Department of Justice Website at http://www.consumer.tas.gov.au/business_affairs/incorporated_associations/managing_your_association#Changes%20to%20Rules
It is the responsibility of the Secretary to take minutes at all meetings. The minutes should be made available to all members through the TAPS website and should also be posted on the TAPS notice board in the School of Pharmacy Sandy Bay Campus.
The grievance procedure set out in this rule applies to disputes under these Rules between-
i. a member and another member; or
ii. a member 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 parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
- Must be a person chosen by agreement between the parties; or
- Must be, 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; or
- in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Tasmania (Department of Justice).
- A member of the Association can be a mediator.
- The mediator cannot be a member who is a party to the dispute.
- The mediator, in conducting the mediation, must give the parties to the mediation process every opportunity to be heard; and allow due consideration by all parties of any written statement submitted by any party; and ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
- The mediator must not determine the dispute.
- 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.
- An annual budget must be prepared by the Committee to order the financial affairs of the Association. It must be completed within 2 months of the AGM for the period of the financial year and shall present to the Committee and Members at a General Meeting.
- The Association shall receive funding from its Members in the form of a subscription fee, which entitles then student to Membership for the duration of the pharmacy degree, as outlined in clause 4.3.
- The Association shall receive funding from the TUU, as defined in the TUU bylaws. A budget and funding proposal must be submitted to TUU by the agreed date every year.
- Additional funding may be sought through sponsorship, co-ordinated by the Sponsorship Officer with the assistance of the Treasurer, the sale of TAPS and related merchandise and from ticket sales at events.
- The financial year of the Association will end on the XXXXX. However, the Committee may prepare an additional budget for the Academic year if required.
- Amendments may be made to these dates, see section 11 & 8.5
- The TAPS shall have a bank account under the name “Tasmanian Association of Pharmacy Students”, with the Commonwealth Bank of Australia. All monies received by the Association shall be paid into the credit of that account, and all payments made by the Association shall be made by cheque from that account.
- The signatories to the TAPS account may only be Members of the Executive. All cheques drawn from the Association require 2 signatures, usually the President and Treasurer. All Members of the Executive must be informed whenever a cheque is drawn.
- Each year, the Treasurer shall appoint an auditor, who shall not be a Member, to audit the treasury and submit a report to be presented at the AGM.
- An Interim-Audit should also be conducted six months after/before the Annual General Meeting.
- An Audit should be conducted one month before the Annual General Meeting.
- The auditor must be a registered auditor in accordance with the Corporations Act.
- They must not be
i. The public officer or committee member;
ii. A servant of the association
iii. A partner, employer, employee of the public officer or a member of the committee
- Persons that are allowed
i. Qualified accountants who are not registered company auditors i.e. accounting gradates form a recognised University of College of Advanced education.
ii. Members of the CPA, ICAA or NIA.
iii. Bank Managers
iv. Council Clerks
v. Chartered Secretaries
- An application must be made “Request for approval of auditor for an Incorporated Association Form” available at - http://www.consumer.tas.gov.au/business_affairs/incorporated_associations/requirements#Annual%20Return%20and%20Audit%20Requirement
i. The Committee may acquire, deal with and dispose of any property of the Association.
ii. The assets and income of the Association shall be applied solely in the furtherance of the objectives of the Association and no portion shall be distributed directly or indirectly to the members of the Association except as bona fide compensation for services rendered or expenses incurred on behalf of the Association.
iii. It is the Responsibility of the Treasurer to keep an Asset Register that is to be kept in the TAPS office, which can be viewed by any member at their request.
- In accordance with Section 24B of the ACT within six months of the end of the Financial Year the Association must lodge an annual return.
- Section 24B requires that the annual return contains
- A report on the accounts of the association stating whether the association has, in the opinion of the auditor, kept proper accounting records and other books during the period covered by those accounts;
- Such statements as in the opinion of the auditor are adequate to explain its financial transactions for that financial year and its financial position as the end if that financial year;
- A report by the auditor on the statements referred to in paragraph (ii), and;
- A list, signed by the auditor, of the names and residential addresses of the committee for that financial year.
- The annual return reminder should be received shortly after the financial year, if this is not received it is the Public Officer's responsibility to follow this matter up with the Business Affairs Branch.
- Section 20 Fees and Payments
The Rules of Association may be amended at a Special General Meeting by means of a special resolution by a three-quarters majority vote of Committee Members present provided that 21 days notice shall have been given of the proposed amendment, as outlined in clause 8.5. The amendment must comply with the objectives of the Association and not contradict the purposes of the TAPS and NAPSA.
- The Association may be dissolved by a Special Resolution passed at a Special General Meeting convened solely for the purpose of dissolving the Association. A resolution will be passed by a three-quarter majority vote of the Committee Members.
- The Association shall be dissolved if it should fail to hold its AGM on two consecutive years.
- All finances, property and assets of the Association upon dissolution must be transferred to the TUU.
- Any Member of the Committee may be removed by a two-thirds majority vote of
- Committee members at a Special General Meeting convened solely for the purpose of removing the Member from that position. The Member in question shall be given at least 14 days notice of the proposed resolution and Special General Meeting, as well as the opportunity to submit a written statement to appeal the decision.
- Reasons for removing a Committee Member may include acting against the Rules and objectives of the Association, or failing to attend 3 consecutive General Meetings held on different dates without apologies or adequate reasons.
- The Association must have a common seal upon which its corporate name appears in legible characters.
- The Common seal of the Association cannot be used without the express authority of the executive.
- The common seal must remain in the custody of the Secretary.
As stated in these rules, the secretary shall keep in their custody all books, documents and securities of the Association, and make these available for inspection by any member upon request. A member may make a copy of any accounts, books, securities and any other relevant documents of the Association However, they may not view the confidential details of other Members, nor may they take a copy or extract of other Members details or remove the register for that purpose.
16. ADHERANCE TO THE RULES
All Members shall, where relevant, adhere to the Rules and objectives of the Association.
It is the responsibility of the Executive to ensure that the property and income of the Association shall be applied solely towards the promotion of the objectives and purposes of the Association as described in clause 3.1, and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to Members, except in good faith in the promotion of those objects or purposes.
a) Shall be the secretary of the Executive for the committee's term in office
b) The association must not go with out a Public Officer for longer than one month
c) The name of the Public Officer and his/hers residential address must be registered with the Consumer Affairs and Fair Trading- http://www.consumer.tas.gov.au/__data/assets/pdf_file/51075/assoc_public_officer05A.pdf
d) Must notify his or her appointment, change of address, amendments to rules and the passing of special resolutions.
e) He/she is a servant of the committee and is appointed by the committee and may be dismissed by the committee
a. Thus another office bearing position in the Executive will assume the role for the existing term of office.
f) A person is not eligible to be appointed as a public officer unless the person has attained the age of eighteen years and is a resident in the state of Tasmania.
Must be notified to the Department of Justice using the following form available at
http://www.consumer.tas.gov.au/business_affairs/incorporated_associations/requirements#Annual%20Return%20and%20Audit%20Requirement
Fees can only be paid when accompanied by the annual return form it is important that the annual return is not lodged without the fees.
- If there is a possibility that there has been a breach of the Associations Incorporations Act 1964 (the Act), one should report the matter to the Consumer Affairs and Fair Trading (CAFT).
- Breaches include -
- An association fails to lay audited accounts, the auditor's report, and a list of the committee before the members at the AGM with in six months of the financial year.
- An association must lodge the above documents with CAFT, within 6 months after the end of the financial year
- An incorporated association must keep and maintain accounting records.
- Breaches do not include -
- Breach of Rules of Association
- Disputes between member/member and/or member/association
- Theft by employees that is not covered by (b)
- Written reports of suspected breaches of the Act should be made to the Consumer Affairs and Fair Trading and should include-
- Name of association
- The names of the persons suspected of wrong doing
- Full details of misconduct, including actions, date and places in sequential order
- If known the provisions of the Act that is relevant
- Any relevant documentary material that can be used as evidence
- Names and addresses of witnesses or have information about the matter
- Any reports by an expert – accountant, auditor
- Reference to any other authority approached i.e. Tasmanian Police
This constitution must be made available to all members through the TAPS website and a formal copy must be filed in the TAPS office, School of Pharmacy Office and on the TAPS computer.
President Gema Van Der Velde _________________
Vice President Daniel O'Halloran _________________
Secretary Sam Wieringa _________________
Treasurer Kylie McAdam _________________
