Executive Committee Elections
a) Candidates for the Executive Committee will be selected from AAIM members by an election panel comprising maximum three members (a panel chair and two assistant panel chairs). This election panel must be appointed after the two (2) year term by the President and approved by the Executive Committee, and well ahead of the scheduled date of the AGM. The head of this election panel must not be a candidate for the Executive Committee in the election for which the committee is formed.
b) The nomination forms (see Appendix) can be obtained from the election panel. Potential candidates must submit a correctly completed form in writing not less than seven (7) days before the AGM. The notification period for members for an AGM is at least 21 days prior to the AGM.
c) The Chairperson of the annual general meeting must declare all membership of the Executive Committee vacant and hand over to the election panel to hold elections for the vacated Executive Committee memberships. The election panel will conduct the election of the new Executive Committee as per the rules or processes set by it. The election panel will report the outcomes of the final election process as per the rules or processes set by it.
d) In the event a new Executive Committee could not be elected for some reason, including if no nominations are received, a subsequent special general meeting will be arranged to resolve the issue not more than 30 days after the AGM.
Executive Committee Membership Eligibility
a) In the first annual general meeting of the Association after its incorporation, a total of eight (8) members will be nominated. Individual positions for AAIM President, vice president, secretary, treasurer and individual portfolio managers will be chosen by majority consensus to lead AAIM until the next 2 year term.
b) In subsequent annual general meetings, a member with the following qualifications is eligible to be elected or appointed as an Executive Committee member. A person:
I. is a member of the Association; and
ii. has been a member for at least 365 consecutive days prior to nomination deadline date.
Nominations for Executive Committee Members
a) Prior to the election, the election panel must advise EC member nominations received by due date.
b) A member of the Association may nominate another member, with the nominated member’s consent and a third member seconding the nomination in writing by the due date stipulated and advised to the general membership by the election panel prior to the AGM; or
c) If the number of nominations received is less than the number of vacancies of the Executive Committee, the election panel will take appropriate necessary steps/processes as set by it in the fairest and most appropriate, efficient and transparent manner.
d) If the number of nominations received exceeds the number of vacancies of the Executive Committee, the election panel will take appropriate necessary steps/processes as set by it in the fairest and most appropriate, efficient and transparent manner.
Term of Executive Committee
a) The term of the Executive Committee is two years only.
b) All Executive Committee members shall hold office until the next AGM of the Association when elections are held. EC members are eligible for re-election, but a person shall not hold the position of President, Vice President, Secretary or Treasurer for more than two (2) consecutive terms or hold the position of a Portfolio Manager for more than three (3) consecutive terms, unless not enough nominations are received.
c) A general meeting of the Association may—
I. by special resolution remove a committee member from office subject to Clause 50 of the Act; and
ii. elect another member of the Association to fill the vacancy.
d) If the SGM removes a member from office, they will have the right to appeal within 21 days following the date of the letter sent notifying them of the decision. An appeal must be in writing addressed to AAIM and will be passed on to an independent mediator for resolution.
e) At the end of its term, the Executive Committee is to call an AGM and prepare to vacate office at that general meeting.
Stepping Down from Executive Committee
a) A Committee member may resign from the Executive Committee by giving written notice addressed to the Secretary or the President.
b) A person ceases to be an Executive Committee member if they –
I. cease to be a member of the Association; or
ii. fail to attend three (3) consecutive committee meetings (other than special or urgent
committee meetings) without a justified reason accepted by the Executive Committee
Casual Vacancies in Executive Committee
a) The Executive Committee may appoint or co-opt another member of the Association to fill a vacancy on the Executive Committee that –
I. has become vacant; or
ii. was not filled by election panel at the AGM.
b) If the position of any of the four key Executive Committee members (that is, President, Vice President, Secretary and Treasurer) becomes vacant, the Committee, with a majority decision, must appoint another executive member to the position within 14 days after the vacancy arises. If the position of any other Executive Committee member falls vacant, the Executive Committee will co-opt another member to that position with a majority decision.
c) The Executive Committee may continue to act despite any vacancy in its membership.
d) The appointed or co-opted member will work in the role for the remainder of the term of the Executive Committee.
Remuneration of Executive Committee Members
Regardless of their position, all members of the Executive Committee must provide voluntary services in their tenure for the benefit of the Association and community alike. The Association will pay no salary, allowances, benefits or remuneration to any member of the Executive Committee. The Executive Committee may appoint salaried staff to undertake a range of duties that are relevant to the work of AAIM.
Removal of an Executive Committee Member
A group of members jointly may request the removal of an Executive Committee member from office before the end of the Executive Committee member’s term in office. Such a request must be given in writing, and will only be considered if:
• the request includes reasons for removal from office, and
• the request includes the signatures of at least 25 current members of AAIM.
Such request will be discussed in an Executive Committee meeting that must be held within fourteen (14) days of receipt of the request. The Executive Committee member in question must be given a chance to discuss and explain the issue.
Following consideration of the issues, the Executive Committee member in question can be removed from office by either:
1. a majority vote by the Executive Committee with the exception of the Executive Committee member in question for removal.
2. The president has the right to remove the Executive Committee member in question.
The removed Executive Committee member has a right to appeal, consistent with Clause 50 of the Act, by writing to the President or Secretary and seeking resolution through an independent mediator.
Role of the Public Officer
The Public Officer has both internal and external responsibilities. As a rule, the Public Officer acts as the official person between the Association and relevant government authorities or other entities, as appropriate.
The Public Officer is responsible for supplying Access Canberra with an annual financial return/statement of the Association (signed by two members of the Executive Committee and the Public Officer) and informing or notifying Access Canberra (on the prescribed form together with the prescribed fee as appropriate) if:
- there are any changes to key information about the Association;
- there are any changes to the Executive Committee member/s or the Public Officer (both names and addresses);
- There is a change to the name of the Association;
- the Association becomes a trustee;
- the Association amalgamates with another association/s; and
- The Association is winding up.
The Public Officer is also responsible for
- collecting all Association documentation from former Executive Committee members and returning the documentation to the new Committee within two weeks of the former Committee member/s leaving their role/s;
- undertaking reporting to the Office of Regulatory Services/Access Canberra or other regulators accurately and on time as necessary;
- ensuring to keep the Association’s records (other than financial records which are the responsibility of the Treasurer) up to date in conjunction with the Secretary or other executive members of the Committee as appropriate;
- making sure the Association and the Committee is only doing things that are permitted by the Association’s constitution and objects;
- following up action items between the Committee or other meetings as required;
- attending and participating in Committee and other meetings as required;
- working with Committee members to assist to take action if there is concern about the financial and management governance aspects of the operations of the Committee or Association;
- notifying the Australian Tax Office and other relevant authorities as required (by an out going Public Officer) of the new office holders’ details before they leave office for smooth transition from one person to the next);
- acting as the official contact for the Association for any relevant external (including governmental) authorities or bodies, or person/s wishing to contact the Association, including taking delivery of documents served on the Association and bringing them to the attention of the Committee as soon as possible; and
- keeping in custody any documents as required by this Constitution.
The Public Officer may:
- make an affidavit or written statement on behalf of the Committee if authorised by the Committee to do so;
- lodge a document relating to the Association that is required to be lodged on behalf of the Committee and has been authorised by the Committee; and
- verify a document relating to the Association that is to be verified by a written statement signed by the Public Officer.
The Public Officer should act honestly, fairly and for a purpose, not misuse their position, disclose and properly manage conflict of interest and act with reasonable care, diligence and skill (particularly applies when the Public Officer is also the member of the Executive Committee of the Association), and use their skill for the benefit of the Association.
The Public Officer is required to adhere to the same rules and standards of governance as Executive Committee members (in areas such as ‘Confidentiality’, ‘Privacy’, etc) as outlined in section “General Administration and Governance” of this Constitution.
If the position of Public Officer becomes vacant, the Association must fill the vacancy within one month and notify Access Canberra of that appointment and the address of the new Public Officer no later than one month after appointment and change of address.