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The PSA Constitution

James Cook University Postgraduate Student Association
Constitution 2001 (as at October 17, 2001)

PART I - PRELIMINARY

1.1 This Constitution may be cited as the James Cook University Postgraduate Student Association Constitution 2001.

1.2 This Constitution is divided into Parts as follows:

Part 1 Preliminary
Part 2 Interpretation
Part 3 Objects
Part 4 Membership
Part 5 Governance
Part 6 Meetings
Part 7 Finance
Part 8 Property
Part 9 Liability
Part 10 General
Part 11 Amendments to Constitution
Part 12 Dissolution

PART 2 - INTERPRETATION

2.1 In this Constitution, unless the contrary intention appears -

"Annual General Meeting" means the Annual General Meeting of the Association;

"Association" means the James Cook University Postgraduate Student Association;

"CAPA" means the Council of Australian Postgraduate Associations;

"Council of the Student Association" means the Council of the James Cook University StudentAssociation;

"Days" means clear days, including weekends and public holidays; a day is calculated by excluding the day upon which the act or event occurs and the day upon which the act or event is fulfilled;

"Postgraduate Student" means a person who has been admitted to the University and has enrolled for a postgraduate course or a subject, and whose enrolment for that course or for that subject has not lapsed or been cancelled;

"Postgraduate" means study undertaken following completion of a Bachelor or Bachelor with Honours degree;

"Student Association" means the James Cook University Student Association;

"Regulations" means Regulations made by Student Association in accordance with this Constitution;

"University" means the James Cook University as constituted under the James Cook University Act 1997.

PART 3 - OBJECTS

The objects of the Association are:

  1. to represent students enrolled for postgraduate courses of study at the University and members of the Association;
  2. to identify and service the needs of postgraduate students;
  3. to promote, develop and protect the interests and welfare of postgraduate students;
  4. to represent the views of postgraduates within the university’s academic and administrative structure;
  5. to establish and maintain a means of communication between postgraduate students both socially and intellectually and on matters relating to postgraduate study;
  6. to provide a forum for the dissemination, discussion and debate of information and knowledge about matters of interest for postgraduate students;
  7. to represent James Cook University postgraduate students on the National Council of Australian Postgraduate Associations

PART 4 - MEMBERSHIP

4.1 Categories of Membership

4.1.1 Any student who is enrolled in a postgraduate course or subject of the University and who has paid the Association Services Fee, shall be ordinary members of the Association.

4.2 Ordinary Membership

4.2.1 The membership term begins on the due date set by the Student Association for payment of the Association Services fee for that year and ends on the due date set by the Student Association for payment of the Association Services fee for the following year.

4.2.2 Notwithstanding the preceding subsection, a person will cease to be an Ordinary Member of the Association upon ceasing to be a student.

4.3 Rights of Membership
Ordinary Members are entitled to:

  1. stand for and vote in Association elections;
  2. hold a position on the Management Committee;
  3. requisition and vote in referenda;
  4. attend, speak and move and/or second motions at any meeting of the Management Committee which is not in camera;
  5. attend, speak and move and/or second motions at any meetings of Association sub- committees that are not in camera;
  6. inspect any records, by arrangement, which do not relate
    1. to personnel or staffing matters; or
    2. to legal matters or proceedings;
    3. or which would cause an officer or employee of the Student Association to do anything which is illegal and/or unethical.
  7. utilise the amenities and services provided by the Association;
  8. exercise any other rights expressly conferred upon ordinary members by this Constitutionor the Regulations.

PART 5 - GOVERNANCE

5.1 Management Committee

There will be a Management Committee of the Association which will be the governing authority of the Association and will have and may exercise and discharge such powers, authorities, duties and functions as are imposed upon Management Committee or the Association by or under this Constitution.

5.2 Members of Management Committee

Management Committee will consist of elected office bearers representative members and ex-officio members who will be elected, appointed or ex officio in accordance with this Constitution.

5.2.1 Elected voting Office Bearers shall include:

  1. President;
  2. Vice President;
  3. CAPA Liaison Officer;
  4. Women's Postgraduate Student Representative, who must be a woman;
  5. International Postgraduate Student Representative, who must be an international student;
  6. Remote Postgraduate Student Representative, who must be a remote student;
  7. Indigenous Postgraduate Student Representative, who must be an Indigenous Student.

5.2.2 Elected voting Representative Members which shall include:

(a) One (1) representative of each of the Faculties of the University;

5.2.3 Ex-officio voting members, who will be elected according to the rules of the organisation they represent, which shall include:

(a) the President, of the Student Association;
(b) the Cairns Campus representative;
(c) the immediate Past President of the Association

5.2.4 Ex-officio members, who will be non-voting and shall include:

(a) The Research and Information Officer of the Association.

5.3 Duties of Office bearers

5.3.1 The President will receive an allowance on the provision that the President undertakes and fulfils the duties as required by the Constitution of the Postgraduate Student Association and the Constitution of the Student Association, and will not breach the Student Association’s contract.

5.3.2 The President will:

(a) chair meetings of the Management Committee;
(b) coordinate all aspects of the Association’s activities;
(c) ensure that the Association is carrying out its objectives as listed in this constitution;
(d) ensure that the office bearers are aware of and are carrying out their duties;
(e) ensure there is effective student representation for postgraduate students on various University Committees;
(f) ensure that Minutes of the Management Committee meetings are available to all membersof the Association;
(g) submit a written report to the Annual General Meeting;
(h) perform any other duties imposed by the Association’s Constitution, the Student Association’s Constitution or by direction of the Association Management Committee.

5.3.3 The Vice President will:

(a) deputise for the President in his or her absence;
(b) attend all meetings of the Management Committee; and
(c) submit a written report to the Annual General Meeting.

5.3.4 The CAPA Liaison Officer will:

(a) Liaise with the national body CAPA and report on developments to the Association
(b) attend all meetings of the Management Committee; and
(c) submit a written report to the Annual General Meeting

5.3.5 The Women’s Postgraduate Student Representative will:

(a) be responsible for all areas of the Association that concern female postgraduate students;
(b) work in conjunction with and liaise with the Student Association Women’s Officer;
(c) liaise with the University’s Equity Officer on matters pertaining to female postgraduate students;
(d) attend all meetings of the Management Committee; and
(e) submit a written report to the Annual General Meeting.

5.3.6 The International Postgraduate Student Representative will:

(a) be responsible for all areas of the Association that concern postgraduate students from other nationalities;
(b) attend all meetings of the Management Committee; and
(c) submit a written report to the Annual General Meeting

5.3.7 The Remote Postgraduate Student Representative will:

(a) be responsible for all areas of the Association that concern postgraduate remote students;
(b) submit a written report to the Annual General Meeting.

5.3.8 The Indigenous Postgraduate Student Representative will:

(a) be responsible for all areas of the Association that concern postgraduate Indigenous students;
(b) submit a written report to the Annual General Meeting.

5.3.9 All members of Management Committee will have such other responsibilities as the Association may from time to time appoint at a General Meeting.

5.4 Term of office

5.4.1 The elected members of the Association will hold office from 1st January to 31st December of each year.

5.4.2 Any member of the Association who is not an elected member and any member elected at a by-election will hold office from the date of appointment or election to 31st December.

5.5 Vacation of Office

5.5.1 An elected member of the Association has vacated office if that member:

(a) is dismissed by referendum in accordance with the Constitution and Regulations;
(b) delivers a signed resignation to the President, or if the person is the President, to the General Secretary of the Student Association;
(c) is absent without leave from three (3) consecutive meetings of Management Committee;
(d) ceases to be entitled to exercise the rights of ordinary membership; or
(e) dies.

5.6 Casual vacancies

5.6.1 Casual vacancies on Management Committee shall be filled by appointment by the remaining members of ManagementCommittee from the Association’s membership.

5.6.2 Notice of the meeting to fill a casual vacancy must be given fourteen (14) days before the time of such a meeting and must appear on the Student Association’s Official Notice Board and in the Student Association’s weekly publication.

5.7 Powers of the Management Committee
The Management Committee shall be empowered to:

(a) do all things conducive and incidental to the attainment of the objects of the Association consistent with this Constitution and the Constitution and Regulations of the Student Association.
(b) Management Committee may by resolution, delegate any of its powers and authorities, duties and functions (except for this power of delegation) to any person or to any Committee.

5.8 Sub-committees

5.8.1 Management Committee may appoint such sub-committees as it deems necessary

5.8.2 Management Committee may appoint any member or members of the Association to serve on a sub-committee;

5.8.3 All sub-committees must report regularly to Management Committee.

PART 6 - MEETINGS

6.1 Annual General Meeting

6.1.1 The Annual General Meeting of the Association must be held in the October of each year at a date to be determined by the Management Committee.

6.1.2 The Annual General Meeting must be held for the following purposes:

(a) to elect Office Bearers and members of Management Committee;
(b) to allow all Office Bearers to present written annual reports; and
(c) to allow the annual financial statements and accounts to be presented.

6.1.3 Quorum at an Annual General Meeting will be ten (10) Association members present and entitled to vote.

6.1.4 Fourteen (14) days notice must be given of the Annual General Meeting to the membership and the Association by
notice placed on the Official Student Association Notice Board and in a least two (2) consecutive editions of the Student Association’s weekly publication.

6.2 Special General Meetings

6.2.1 Special General Meetings may be called by the Management Committee or by petition from ten (10) Ordinary Members of the Association.

6.2.2 A Special General Meeting must be called within fourteen (14) days of a request from the Management Committee or petition from the membership.

6.2.3 Quorum at a Special General Meeting will be ten (10) Association members present and entitled to vote.

6.2.4 Seven (7) days notice must be given of the Special General Meeting to the membership by notice placed on the Official Student Association Notice Board and in two (2) consecutive editions of the Student Association’s weekly publication.

6.3 Management Committee Meetings

6.3.1 The Management Committee must meet at least four (4) times in one semester.

6.3.2 Five (5) days notice must be given of a meeting of the Management Committee to the members of the Committee.

6.3.3 Quorum of the meeting will be half plus one of the members of Management Committee present and entitled to vote.

6.3.4 A meeting of the Management Committee must be called within fourteen (14) days of a request from six (6) members of the Management committee.

PART 7 - FINANCE

7.0 Finance

7.1 The funds of the Association will be kept in the name of the Association within the records of the Student Association.

7.2 The Management Committee shall prepare an annual budget for the proper ordering of the financial affairs of the

7.3 Association and for presentation to the Student Association Management Committee in support of each annual application for a Student Association grant.

7.4 The financial year of the Association will begin on the 1st of January and end on the 31st December of each year.

PART 8 - PROPERTY

8.1 All property of the Association will be held in trust for Association purposes. In event of dissolution of the Association the property of the Association will devolve upon the Student Association.

PART 9 - LIABILITY

9.1 A member of the Association Council is not liable to the Association for any loss or expense incurred by the Association unless the loss or expense resulted from their own willful act or default.

PART 10 - GENERAL

10.1 In any matters not specified in this Constitution or in Regulations enacted by the Management Committee under this Constitution the provisions of the Constitution and Regulations of the James Cook University Student Association shall apply.

PART 11 - AMENDMENTS TO CONSTITUTION

11.1 The Constitution may be amended at a General Meeting of the Association by a two-thirds (2/3) majority vote of members present provided that fourteen (14) days notice shall have been given of the proposed amendment by display on the Official Student Association Notice Boards, and further provided that the amendment is approved by the Student Association.

PART 12 - DISSOLUTION

12.1 The Association will be dissolved should it fail to hold its Annual General Meeting or on the decision so to do of a two-thirds (2/3) majority of members present and voting at a General Meeting for which due notice has been given.

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