Constitution Update

2024 Constitution Update

Feb. 27, 2024

Tags: constitution governance, admin and

📣 UPDATE 27-Feb

Information Session 1

Recording is now available here - AFA Constitution Update Information Session-20240226_093512-Meeting Recording

A copy of the presentation presented at the session is available here Constitution Presentation - Draft 26 Feb

The Constitution Feedback Register is available here Issues Register

Background

In response to concerns raised at and following the 2022 AGM, the AFA committee in December 2022 established a subcommittee to consider the AFA constitution, looking particularly at issues concerning the holding of meetings by electronic means and the use of proxies.

The subcommittee initially reviewed:

• the current constitution;
• the current legislation applicable to associations incorporated in the ACT;
• proposed new model rules (equivalent of the AFA constitution) published by Access Canberra for consultation.

The subcommittee concluded that, having regard to changes which have occurred in the legislation and particularly that where the model rules provide for something not provided for in an association’s constitution the provisions of the model rules apply to the association, the AFA constitution is no longer wholly fit for purpose and should be rewritten.

The subcommittee recommended to the AFA committee, and the AFA committee accepted, that the rewritten constitution should be based so far as possible on the proposed new model rules adapted to reflect relevant provisions of the AFA constitution (to the extent that the current AFA constitution is not inconsistent with the current legislation) and current good governance practice.

Current status and timeline
The AFA committee has given approval in principle to a draft of the new constitution. Given the importance of adopting a new constitution the committee wishes to seek input from members on the draft before formally putting the new constitution to a member vote at a special general meeting.

The proposed timeline is:

• publication of draft constitution and associated documents – 6 February 2024;
• last date for member feedback – 31 March 2024;
• review of feedback and revision of draft constitution – April and May 2024;
• committee approval of final draft constitution – 1 June 2024;
• special general meeting of association to approve new constitution – by end June 2024.

This timeline will enable any changes to the method of holding member meetings and voting on resolutions, including by proxy, to be in place before the 2024 AGM.
The committee agreed to hold one or more online information sessions early in 2024 to facilitate open discussion on the changes to the constitution.

Documents and other material
The following are made available:

• draft of the new constitution New AFA Constitution - Draft December 2023;
• copy of the current constitution Current AFA Constitution - Aug 2019;
• table identifying provisions in the current constitution with corresponding provisions in the draft new constitution including comments on discrepancies Comparison of Constitutions -Dec 2023;
• a feedback form has been developed to allow members to provide feedback in the form of questions, suggestions, and support for the changes. The link to the form is here Constitution Feedback Form
• all member feedback will be collated into the Constitution Feedback Register. This Register will allow the Committee to develop responses to the feedback and identify common themes, what clauses are supported and those that require further clarification or re-write.
• links to the relevant ACT legislation ACT Incorporation Associations Act and proposed model rules Model Rules.

Next steps
Members are encouraged to review the material and respond to the committee with any questions, comments, support for the changes, this includes requesting the committee to consider matters not included in the draft constitution.

Feedback to the committee is requested via the electronic feedback form (the link is above).

In addition to providing questions and feedback members are invited to attend two on-line seminars. These seminars are an opportunity for members and the committee to explain and discuss the revised constitution. The seminars are spaced apart to allow everyone the opportunity to attend a session. It will also allow the committee to consider any matters raised at the first seminar and through member emails before the second seminar. Any significant matters raised at the seminars will be considered by the committee post the seminar and information will be provided to all members when this has occurred.

The seminars will be on the following dates:

• Monday 26th February 2024 at 7.45pm for 8.00pm start
• Friday 22nd March 2024 at 7.45pm for 8.00pm start

The seminars will be recorded, and members will be able to access the recording post the seminar. Details on how the seminar will operate will be provided later. A further seminar will be held once the final draft has been completed, a notice will be sent once the committee has reached that point.

David Strong
Chair Constitution Sub-Committee

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