Rules of the
Development and Environmental Professionals' Association.
Rule 1 NAME
The name of the union shall be "The Development and Environmental Professionals' Association".
Rule 2 REGISTERED OFFICE
The Registered office of the union shall be at 106/118 Great North Road, Five Dock.
Rule 3 CONSTITUTION
The Association shall consist of an unlimited number of persons who are employed as or who perform the duties of:
| (i) | Health Surveyors or Health and Building Surveyors administering various health, building, sanitation, local government and/or environmental laws applicable in New South Wales; | ||||
| (ii) | Health Surveyors who act as such for any part of their duties, notwithstanding that the major proportion of the duties performed may consist of inspectorial work in relation to building construction, or under legislation or regulations relating to cattle slaughtering, dairy supervision, noxious trades, public health or environmental matters; | ||||
| (iii) | Cadet Health Surveyors, Trainee Health Surveyors, or students employed as Health Surveyors in their work experience year, who are enrolled as a student in a course of instruction or training for qualification as a health surveyor or a Health and Building Surveyor approved by the Committee of Management; provided that
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| (iv) | employees of the Crown and persons solely qualified as Building Inspectors, shall not be eligible to become members of the Association. |
Rule 4 PURPOSES AND OBJECTS
The purposes and objects of the union are and shall be to uphold, advance and protect the interest of the union and the union's members (including industrial, social, economic and professional interests), and without limiting the foregoing:
| (a) | To represent and act for such persons in any matter or proceedings arising under or out of any Industrial or local government legislation or any Act or regulation relating to or affecting the employment of members. Further the union may represent and act for any member
in or before any court, tribunal or other body in any proceedings whatsoever. |
| (b) | To represent and act for such persons in any matter concerning the making and/or filing of any contract or agreement regulating the employment of members. |
| (c) | To represent and act for such persons or any of them in any proceedings to enforce awards, contracts and/or agreements, recover amounts of money payable thereunder to any such person and to institute proceedings for breach of an award, contracts or agreement and to recover penalties. |
| (d) | To do such acts and things as are necessary for and incidental to the exercise of any power, duty, right or privilege arising under or out of any industrial legislation concerning the union's character, status or position.. |
| (e) | In its discretion to lodge such claims and make such applications as it deems fit to courts and tribunals. |
| (f) | To initiate, support or oppose and make representations concerning any matter or legislation calculated to affect any of the objects and purposes. |
| (g) | To acquire, either as freehold or leasehold or otherwise real property for the use of the union. |
| (h) | To invest funds in securities and projects authorised by law. |
| (i) | To obtain loans, raise debentures, enter into mortgage agreements. |
| (j) | To establish or publish a newspaper, magazine, journal or other publication for the furnishing of information concerning the union and matters of interest generally to members. |
| (k) | To affiliate with a body established for the protection and/or promotion of the members of the union. |
| (l) | (l) To amalgamate or merge with other unions or industrial organisations |
| (m) | To develop programmes beneficial to members. |
| (n) | To assist members in securing employment. |
| (o) | To furnish information and to provide services to the benefit of members. |
| (p) | To represent members when deemed necessary and nominate any persons for that purpose to any body. |
| (q) | To engage officers and employees for the furtherance of the union's objects and purposes and to remunerate such persons by salaries, wages and/or other emoluments. |
| (r) | To perform all other actions consistent with these rules and appropriate to fulfil the objects and purposes, rights and responsibilities of the union including all such matters incidental or conducive to further the purposes and objects of the union. |
Rule 5 MEMBERSHIP
| (a) | Any person who complies with the provisions
of Rule 3, unless of generally bad character, shall be entitled to membership
of the union upon compliance with the procedure provided in sub-rule (c)
of this rule. Trainee or work experience student environmental health and/or building surveyors may be admitted as junior members and shall pay subscriptions fixed in accordance with the rules. Junior members shall be entitled to all rights and privileges and subject to all obligations of membership of the union. |
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| (b) |
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| (c) | Any person referred to in sub-rule (a) of this rule may apply to be admitted to membership of the union. Such application shall be in writing and signed by the applicant, and shall be lodged with the Secretary/Treasurer together with such admission fee as provided in Rule 7. Persons paying yearly fees shall pay, in addition to the admission fee, the fee for one year's subscription. Persons who pay their fees by payroll or salary deduction shall be deemed to be financial for so long as there remains in force an authority to so deduct union subscriptions and those subscriptions are being deducted. The Secretary/Treasurer shall present each application
to the first available meeting of the Committee which shall have power
to require the production by the applicant of such evidence as it may
think fit of the applicant's character, and the Committee may either accept
or reject such application as it deems proper, subject to any legislation
then in force. In the event of the application being rejected, all monies
lodged with the application shall be refunded to the applicant. In the
event of the application being successful, the member shall be deemed
to be financial from the date of the application. |
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| (d) | The Committee may enter into any arrangement which it deems suitable with an employer to have the union's membership fees paid by payroll or salary deductions. The Committee may delegate this matter either generally or in specific cases to the Secretary/Treasurer. | ||||||
| (e) | A register of members shall be kept by the Secretary/Treasurer in which shall be entered the names and addresses of all members of the union. | ||||||
| (f) | Membership of the union shall be subject to compliance with the rules of the union. | ||||||
| (g) | Each applicant for membership must be informed in writing of:
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Rule 6 RESIGNATION
| (a) | Any member may resign from membership by sending a resignation in writing to the Committee, together with the requisite fees due to the end of the financial year, and, upon such resignation being accepted by the Committee, membership entitlements and obligations shall cease. Any member who wishes to resign and who has paid membership subscriptions by payroll or salary deduction, shall pay to the Association an amount equivalent to three months subscription. The Committee of Management may waive the payment
of all or part of such fees on resignation as it deems necessary. |
| (b) | Any persons who shall by any means cease to be a member, shall nevertheless remain liable for, and pay to union, all monies which at the time that person ceased to be a member were due by that person to the union. |
Rule 7 ADMISSION FEE
The fee payable for admission to membership of the union shall be of such amount or according to such scale as may be fixed from time to time by the Committee but not exceeding thirty dollars.
Rule 8 SUBSCRIPTIONS
| (a) | The annual subscription payable by members shall be of such amounts or according to such scale as may be fixed from time to time by the Committee but not exceeding 450 dollars. | ||||
| (b) | Provided that the Committee may after the issue of an appropriate notice to each member with the statement of annual subscriptions due, rebate or credit to future subscriptions a part of such due subscriptions to every member who has paid all due subscriptions levies and other charges prior to the date nominate at the aforesaid "appropriate notice". Provided further that both -
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Rule 9 FINANCIAL YEAR
The financial year shall commence on the first day of January in each year.
Rule 10 PAYROLL DEDUCTIONS, PENALTIES AND CONCESSIONS
All annual subscriptions shall be payable in advance on the first day of the current financial year.
Where fees are paid by payroll or salary deduction, the
subscription shall be paid in accordance with the authority to deduct union
subscriptions from the date on which such authority is given.
Rule 11 REMISSION OF FEES, ARREARS
Should any member be disabled by reason of ill-health or other sufficient cause from continuing to be employed, the Committee may remit that member's subscription from time to time and may also remit any arrears of subscriptions due from such member.
Rule 12 HALF ANNUAL SUBSCRIPTIONS
Any member admitted to membership within the latter six months of the current financial year, who is not paying subscriptions by payroll deductions, shall pay a subscription for that year equivalent to half of the subscription as fixed under the Rules.
This Rule shall not apply to those persons who pay their subsription by payroll or salary deduction.
Rule 13 UNFINANCIAL MEMBERS
Any member who fails to pay any subscription, fine, levy and/or other dues within three months of it becoming payable, shall be unfinancial and shall be excluded from all benefits of the union and may be sued for such arrears at the discretion of the Committee of Management. No unfinancial member shall be allowed to take part in meetings of the union and shall not be invited to vote at any meeting or in any election or plebiscite of members.
A member paying subscriptions by payroll or salary deduction, while deemed financial by virtue of Rule 5(c) shall nevertheless be unfinancial within the meaning of this Rule, should any fine, levy or other dues remain unpaid for a period in excess of three months.
A "month" in this Rule shall mean a period of
four consecutive weeks.
Rule 14 UNFINANCIAL MEMBERS TO FORFEIT MEMBERSHIP
| (a) | Where a member subscribing fees to the union falls into arrears for a period of three months or more, subject to this rule, such member shall thereupon forfeit membership of the union and shall cease to have any rights under the Rules of the union. |
| (b) | A member who has fallen into arrears of fees for a period of three months or more shall be notified in writing at the last known address of the member of the amount of fees owed. The member shall be given 21 days from the date of such notification in which to become financial by the payment of the arrears outstanding and shall be notified that if they do not become financial within this period the Committee of Management shall take action to remove the member's name from the membership roll whereupon the member shall have no further rights as a member of the Association. |
| (c) | A member who has been notified that their union fees are in arrears for a period of twelve months or more and who has failed to become financial within 21 days of the date of such notification may, by resolution of the Committee, be removed from membership of the union. |
| (d) | A member removed from the membership in accordance with this rule may renew membership of the union as a new member upon the payment of the prescribed fee for a new member but shall not be admitted to membership unless the arrears of fees, up until the date of forfeiture of membership, are paid. The Committee of Management may, by resolution, waive the payment of the arrears owed by such a former member upon application for new membership. |
| (e) | A member notified in accordance with the provision of this rule that the member is in arrears of fees for a period of twelve months or more may within 21 days of the date of such notification make written application to the Committee of Management seeking an extension of time in which to become financial. The Committee may grant an extension of time upon such application for any reason it deems proper and upon any condition it deems appropriate. |
Rule 15 CESSATION OF MEMBERSHIP
Should a member cease to be eligible under Rule 3 for membership of the union then that member's membership may be cancelled by the Committee. No such cancellation shall occur until the member receives notice at the member's address in the union's records of the Committee's intention to purge the register of that member's membership.
Rule 16 DUTIES OF MEMBERS
No member of this union shall -
| (a) | Take employment under such conditions as would evade or defeat or tend to evade or defeat the law or tend for the time being in force relating to the employment of members of the union; or |
| (b) | Do any discreditable act, or anything prejudicial to the interests of the union or the union's members. |
Rule 17 DISCIPLINE OF MEMBERS
| (a) |
Any member of the union may charge another member with:
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| (b) |
Any such charge shall be in writing and forwarded to the Secretary/Treasurer with the sum of twenty dollars. Such sum shall be refunded unless the Committee finds the charge to be frivolous or unreasonable. The Secretary/Treasurer shall present the charge to the first meeting of the Committee held after the charge is received. The Secretary/Treasurer, shall if directed by the Committee, summon the member charged before the Committee. The member charged shall be informed of the charges and the particulars of the charges by notice in writing served by certified mail and served at a time sufficient to enable the member to be in a position to properly respond. |
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| (c) | The Committee shall investigate the charge at a time and place appointed by the Committee. | ||||||||||||||
| (d) | At the appointed time and place (or at any time and place to which the meeting is adjourned or postponed) of which the person charged is notified fourteen days in advance, the charge may be investigated, whether or not the person charged is present, unless a satisfactory explanation of that person's absence has been received. | ||||||||||||||
| (e) | If the person charged attends, the person shall be informed of the substance and source of any information adverse to the person on which the Committee relies. The person shall be given a reasonable opportunity to present a defence. |
Rule 18 PENALTIES AGAINST MEMBERS
| (a) | A member shall be found guilty of a charge by a resolution of a majority of the members of the Committee present and voting at a meeting. | ||||||||
| (b) | If the Committee finds the member guilty it may do one or more of the following:
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Rule 19 COMMITTEE OF MANAGEMENT
| (a) | The union shall be governed by a Committee of Management (in these rules called "the Committee") consisting of a President, two Vice-Presidents and one Secretary/Treasurer and six Committee members. |
| (b) | The Committee shall have the right of admitting members and shall be concerned with the policy of the union, but may delegate such powers as it sees fit from time to time to the Secretary/Treasurer. |
| (c) | No member shall be absent from three consecutive meetings of the Committee unless a satisfactory explanation of that member's absence has been received by the Committee. |
Rule 20 PRESIDENT AND VICE-PRESIDENTS
The President or, in the absence of the President, a Vice-President shall preside at each meeting. In an absence of both President and Vice-Presidents, the members present may elect one of their number to chair the meeting. At all meetings, the Member chairing the meeting shall be entitled to vote, and in the event of equality may exercise a casting vote. The President, or in the absence of the President, a Vice-President appointed by the Committee, shall have the powers within the above to administer the policy laid down by the Committee, and to deal with any urgent matters which may arise between meetings of the Committee.
Rule 21 MEETINGS OF THE COMMITTEE
The Committee shall meet as it may decide from time to time or when summoned by the President, or in the absence of the President, by two Vice-Presidents, or on receipt of a requisition by the Secretary/Treasurer signed by at least five members of the Committee, stating the object for which the meeting is requested. The majority of the members of the Committee shall constitute a quorum.
The Procedure at Committee meetings shall be determined
by the Member chairing the meeting. The Secretary/Treasurer shall give each
member written notice of each meeting.
Rule 22 POWERS OF THE COMMITTEE
Subject to these rules, the committee shall have full power and authority to exercise all or any of the powers, and to perform, carry our and do all or any of the functions, objects and activities of this union, and all things incidental thereto.
Rule 23 SECRETARY TREASURER
| (a) | The Secretary/Treasurer shall:
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| (b) | At the annual general meeting the Secretary/Treasurer shall submit the balance sheet duly signed by auditors, showing the income and expenditure for the past year and the amounts of assets in hand. The bank passbook shall also be produced for inspection. The Secretary/Treasurer shall deliver up any books and records if called upon to do so by the Committee. | ||||||||||||||||||||
| (c) | The Secretary/Treasurer shall be paid such salary and/or emoluments and/or enjoy such other conditions of employment as may be fixed by the Committee. |
Rule 24 BANKING
All monies shall be deposited in such bank as the Committee shall appoint in the name of the union within forty eight hours of the receipt of same, and all monies required for settlement of accounts passed for payment shall be withdrawn from the Bank. The Secretary/Treasurer shall keep an account of all monies received and furnish the auditors with a correct account of the yearly monetary transactions, and produce all bank vouchers and documents in connection therewith.
Rule 25 SIGNING OF CHEQUES
All cheques withdrawing money from the union's bank shall be signed by the President or in his absence or incapacity or during any vacancy in the position, by one of the Vice-Presidents and shall be countersigned by the Secretary-Treasurer. Provided that cheques for amounts less than $2,000.00 or such greater amounts as the Committee of Management may from time to time decide, may be signed by the Secretary.
Rule 26 FUNDS
| (a) | All monies received as entrance fees, subscriptions, fines, levies, forfeiture's and interest on capital shall be employed in carrying out the purposes and objects of the union and defraying the expenses of management thereof and subscribing to any organisation with which the union may become affiliated. Any affiliation fee shall be of such amount or according to such scale as may be agreed to from time to time by the Committee. Provided that the union shall not subscribe to or become attached to any political body. | ||||
| (b) | The funds shall be divided, as follows:-
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| (c) | (c) A loan, grant or donation must not be made by the union unless the Committee of the union has satisfied itself that the making of the loan, grant or donation would be in accordance with the rules of the organisation and, in the case of a loan, that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangement for the repayment of the loan is satisfactory, and has approved the making of the loan, grant or donation. |
Rule 27 POLITICAL DONATIONS
| (a) | There shall be a separate fund for levies imposed for political objects and from all donations or other payments for political objects shall be made. |
| (b) | Any contribution to such fund shall be voluntary. A member who does not contribute to such a fund shall not be excluded from any benefits of the Union or placed at any disadvantages by reason of failure or refusal to so contribute. |
| (c) | Any contribution to each levy so raised must be voluntary and such consent to each levy so raised shall be evidenced in writing. |
| (d) | Donations or other payments from such funds shall be applied only to the purpose for which they were raised, unless the members making the contributions agree to some other application. |
| (e) | The Committee of Management must approve the imposing of each such levy and the making of each such donation or other payment out of the amounts levied in accordance with the Rules of the Union. |
Rule 28 AUDITORS
| (a) | The Committee shall appoint an auditor. | ||||||
| (b) | Any appointee to the position of auditor shall be a registered public accountant in accordance with the legislation governing accountants. | ||||||
| (c) | The auditor shall present a report to the members at the annual general meeting on the accounts which the auditor has examined and the report shall state:
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| (d) | Such position shall become vacant if the auditor resigns, dies or is removed by the Committee for being unable to carry out or not carrying out the duties of auditor set out in the rules, or for charging or proposing to charge excessive fees. The Committee may fill any such vacancy by appointing another auditor. |
Rule 29 ELECTION OF OFFICERS
| (a) | The union shall elect as officers of the union a President, two Vice-Presidents, six Committee members and a Secretary-Treasurer for the proper conduct of the union. |
| (b) | The ordinary elections of officers shall take place every two years except for the Secretary-Treasurer for whom the election shall take place every four years. The term of each office shall commence on the first day of May 1994 and every two years thereafter except the Secretary-Treasurer who's term shall commence on the first day of May 1994 and every four years thereafter. |
| (c) | Elections for office in the union shall be by secret postal ballot conducted in accordance with the Industrial Relations Act 1991 (NSW) and the Regulations made there under. |
| (d) | Elections for office shall be by direct vote of all of the financial members of the Association |
| (e) | Any financial member of the union shall be entitled to stand for office and vote in elections. |
| (f) | Nominations with the written consent of the nominee shall be delivered to the Returning Officer at such date as declared for the closing of the nominations. |
| (g) | Prior to any nominations being accepted by the Returning Officer the nomination must be signed by two financial members and the nomination must be accompanied by a policy statement of a maximum of 200 words. |
| (h) | In the event of there being no more nominations then there are vacancies to fill, the Returning officer shall declare those nominated to be elected. In the event of there being more nominations than there are being vacancies to be filled, the Returning officer shall prepare the ballot paper. |
| (i) | Where two or more candidates for the same position receive an equal number of votes, the Returning officer shall determine election by the drawing of lots. |
| (j) | The method of voting shall be optional preferential. |
Rule 30 CASUAL VACANCIES
| (a) | An office shall become vacant of the officer resigns, dies or is removed from office pursuant to the rules. | ||||
| (b) | A casual vacancy in the office mentioned in subrule (a) of this rule may be filled by an election in accordance with the rules or by appointment by the Committee if the unexpired part of the term of office of the previous office holder does not exceed
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Rule 31 REMOVAL OF OFFICERS
| (a) | Any officer may be removed from office by a resolution passed at a meeting of the Committee by an absolute majority of those present and voting where that officer has been found guilty of:
or where the officer has ceased, under the rules of the organisation to be eligible to hold office. |
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| (b) | An officer must be charged with any of the offences referred to in subrule (a) of this rule before being removed. Where such a charge is made, the person concerned shall be provided in writing with particulars of the offences alleged and shall be given adequate time to respond to the charges. | ||||||
| (c) | At the appointed time and place (or at any time and place to which the meeting is adjourned or postponed) of which the officer charged is notified fourteen days in advance, the charge may be investigated by the Committee, whether or not the officer charged is present, unless a satisfactory explanation of that person's absence has been received. | ||||||
| (d) | If the officer charged attends the person shall be informed of the substances and source of any information adverse to the officer on which the Committee relies. The officer shall be given a reasonable opportunity to present a defence. |
Rule 32 POWER TO INSPECT
The books and documents of the union shall be open to inspection by any member having an interest in its funds, upon reasonable notice being given.
Rule 33 REPRESENTATION AT COURT
The union may be represented in any proceeding before any court or tribunal by the Secretary/Treasurer or such other person as the Committee or Secretary/Treasurer may appoint from time to time.
Rule 34 EXECUTION OF DOCUMENTS AND SEAL
Agreements and other instruments may be made by the Committee on behalf of the union with the concurrence of the affected members.
The union shall have a seal which shall be kept in the custody
of the Secretary-Treasurer and affixed to documents required to be executed
by law on behalf of the union.
The affixing of the seal shall occur
| (a) | in the presence of at least two members of the Committee of the union, and |
| (b) | with the attestation by the signatures of those members of the fact of the affixing of the seal. |
Rule 35 PLEBISCITE
| (a) | All decisions of the Committee shall be subject to review by the members voting in the plebiscite. |
| (b) | A plebiscite may be called by decision of the Committee or in the case of a review of a Committee decision may be requested by a petition of financial members signed by not fewer than 10% of the financial members of the union. |
| (c) | A request for a plebiscite must be made within six weeks of the decision of the Committee sought to be reviewed. |
| (d) | A plebiscite shall be conducted by the Secretary-Treasurer or in accordance with the requirements of the Industrial Relations Act 1991. |
| (e) | Any decision of the members voting in a plebiscite shall be final and binding on the union and its members until the next Committee is elected. |
Rule 36 ANNUAL GENERAL MEETING
The annual general meeting shall be held at such time in each year not more than fifteen months after holding the last proceeding annual general meeting, as may by determined by the Committee.
Rule 37 SPECIAL GENERAL MEETING
A special general meeting may be called by the Committee, and the Secretary-Treasurer shall call a special general meeting upon requisition signed by at least fifteen members stating the object of which the meeting is requested.
Rule 38 NOTICE OF GENERAL MEETING
At least fifteen day's notice of the holding of any general meeting and any business or notice of motion to be dealt with at such a meeting shall be given to the members.
Such notice may be given in writing or through a union publication distributed to members.
Rule 39 PLACE OF MEETING
The place of the meeting shall be such place as may be determined by the Committee from time to time.
Rule 40 VOTING AND PROCEDURE AT MEETINGS
| (a) | There shall be no proxy voting at general meetings. |
| (b) | The President or, in the absence of the President, a Vice-President shall preside at each meeting. In the absence of the President and both Vice-Presidents, the members present may elect one of their members to chair the meeting. |
| (c) | The procedure of the meeting shall be determined by the member chairing the meeting. |
Rule 41 QUORUM FOR GENERAL MEETINGS
The quorum of general meetings shall be fifteen members.
Rule 42 WINDING UP
The provision of Section 560 and 596 of the Industrial Relations Act 1991 shall apply in the case of winding up.
Rule 43 AMENDMENT OF RULES
Subject to the approval of the Industrial Registrar being
obtained, these rules may be amended, altered, rescinded or replaced or new
rules may be made by resolution passed the Committee.
Rule 44 INTERPRETATION
In construing and for the purpose of these Rules, the following terms in inverted commas shall be the respective meaning set out against them:
"This union" or "the union" : The Development and Environmental Professionals' Association, being the body constituted by these Rules.
"The Committee": The Committee of Management of the union.
"General Meeting": General meeting of the union.
"Member": Member of the union
"Officers": Person who holds the office of President, Vice-President, Committee Member, Secretary-Treasurer of the union.
"Office": The office of President, Vice-President, Committee Member, Secretary-Treasurer.