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Rule Changes 2005

Changes to the AUUG Rules that were voted on and approved at the same time as the 2005 election.

Last updated 22 September 2005

Change name of committee

Change:

Change all references to Management Committee to refer to Board

Purpose:

Bring the Rules in line with current practice, which is standard practice for non-profit bodies.

Allow for electronic notification

Change:

Delete the definition of mail in rule 2, change all occurrunces of mail to notify, and add the following rule after rule 41 and renumber rules accordingly:

NOTICE TO MEMBERS

  1. Any notice that is required to be given to a member, on behalf of AUUG, under these rules may be given by:
    1. delivering the notice to the member personally; or
    2. sending it by prepaid post addressed to the member at that member's address shown in the register of members; or
    3. facsimile transmission, if the member has a facsimile number shown in the register of members; or
    4. electronic transmission, if the member has an electronic address shown in the register of members.

Purpose:

Brings AUUG more in line with the Victorian Model Rules, and allows us (as a technical IT organisation) to make more use of email.

New class of membership

Change:

Change rule 7.1 to read:

    1. There shall be five classes of members: Ordinary members, Institutional members, Student members, Honorary Life Members and Associate Members.

Add the following rule after rule 7.6:

    1. Any natural person who is eligible to be a member may become an Associate Member.

Change rule 8 to read:

  1. All ordinary, institutional, student and honorary life members whose membership is current shall be entitled to cast a vote.

Add the following rule after rule 8 and renumber other rules accordingly:

  1. The Board may determine from time to time different benefits for each class of membership.

Change rule 35.2 to read:

    1. Each member (excepting associate members) shall be sent a copy of AUUG's newsletter.

Purpose:

Allows the Board to introduce a low cost associate membership for people who just want to keep in touch with AUUG activities.

When to adjust member fees

Change:

Change rule 9 to read:

  1. The Board shall determine from time to time a scale of fees for entrance to the AUUG, and for annual subscriptions for each class of members.

Purpose:

Allow the Board to adjust fees whenever necessary rather than juts before the start of a financial year.

Term of membership

Change:

Change rule 6.1 to read:

    1. Membership shall become current from the date on which a valid membership application accompanied by payment of the appropriate entrance fee plus annual membership subscription is received by the Secretary. The initial membership period will extend from this date until the first day of the next month and then for the following 12 months.

Purpose:

Smooths out AUUG's income stream over the year, and makes membership renewal a smaller monthly task that is easier to outsource.

Discipline and grievance procedures

Change:

Replace rule 12 with the following rules, and renumber rules accordingly:

Discipline, suspension and expulsion of members

  1. Subject to these Rules, if the Board is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of AUUG, the Board may by resolution:
    1. suspend that member from membership of the Association for a specified period; or
    2. expel that member from the Association.
  2. A resolution of the Board under rule 12 does not take effect unless:
    1. at a meeting held in accordance with rule 14, the Board confirms the resolution; and
    2. if the member exercises a right of appeal to AUUG under rule 16, AUUG confirms the resolution in accordance with these rules.
    1. A meeting of the Board to confirm or revoke a resolution passed under rule 12 must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with rule 15.
    2. For the purpose of these rules, a teleconference is an acceptable substitute for a face to face meeting.
  4. For the purposes of giving notice in accordance with rule 14, the Secretary must, as soon as practicable, cause to be given to the member a notice:
    1. setting out the resolution of the Board and the grounds on which it is based; and
    2. stating that the member, or his or her representative, may address the Board at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and
    3. stating the date, place and time of that meeting; and
    4. informing the member that he may do one or both of the following:
      1. attend that meeting;
      2. give to the Board before the date of that meeting a written statement seeking the revocation of the resolution;
    5. informing the member that, if at that meeting, the Board confirms the resolution, he or she may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he wishes to appeal to the Association in general meeting against the resolution.
  5. At a meeting of the Board to confirm or revoke a resolution passed under rule 12, the Board must:
    1. give the member, or his or her representative, an opportunity to be heard; and
    2. give due consideration to any written statement submitted by the member; and
    3. determine by resolution whether to confirm or to revoke the resolution.
  6. If at the meeting of the Board, the Board confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he wishes to appeal to AUUG in general meeting against the resolution.
  7. If the Secretary receives a notice under rule 17, he must notify the Board and the Board must convene a general meeting of AUUG to be held within 21 days after the date on which the Secretary received the notice.
  8. At a general meeting of AUUG convened under rule 18:
    1. no business other than the question of the appeal may be conducted; and
    2. the Board may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
    3. the member, or his representative, must be given an opportunity to be heard; and
    4. the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
  9. A resolution is confirmed if, at the general meeting, a majority of the members vote in person, or by proxy, in favour of the resolution.  In any other case, the resolution is revoked.

Disputes and mediation

  1. For the purpose of these rules, a teleconference is an acceptable substitute for a face to face meeting.
  2. The grievance procedure set out in these rules applies to disputes under these rules between:
    1. a member and another member; or
    2. a member and AUUG.
  3. 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.
  4. 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.
  5. The mediator must be:
    1. a person chosen by agreement between the parties; or
    2. in the absence of agreement:
      1. in the case of a dispute between a member and another member, a person appointed by the Board; or
      2. in the case of a dispute between a member and AUUG, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).
  6. A member of the Association can be a mediator.
  7. The mediator cannot be a member who is a party of the dispute.
  8. The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
  9. The mediator, in conducting the mediation, must:
    1. give the parties to the mediation process every opportunity to be heard; and
    2. allow due consideration by all parties of any written statement submitted by any party; and
    3. ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
  10. The mediator must not determine the dispute.
  11. 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.

Purpose:

The Act says that the rules must contain discipline and grievence procedures. The rules proposed here are in line with the Model Rules of The Act.

Membership for board members

Change:

Insert this rule after rule 20.3

    1. Members of the Board will be given free membership of AUUG.  This will be effected by not charging for any renewal that falls due during the Board member's term of office.

Purpose:

Free membership is a small reward compared to the effort that is expected from Board members. This also solves the problem of what to do if a board member becomes unfinancial during the term of office.

Allow Electronic ballots

Change:

Change all references to "postal ballots" to "postal or electronic ballots".

Purpose:

Improve the participation rates in elections, and reduce the cost of elections, by allowing electronic voting.