APPENDIX A THE BY LAWS OF WESLEY COLLEGE. June Wesley College By Laws June 2012 Page 1
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1 APPENDIX A Wesley College Western Avenue. The University of Sydney NSW 2006 Telephone Facsimile admin@wesley.usyd.edu.au ABN A College of the Uniting Church in Australia within The University of Sydney THE BY LAWS OF WESLEY COLLEGE June Wesley College By Laws June 2012 Page 1
2 INDEX 1. COUNCIL OF WESLEY COLLEGE OFFICERS Election of Officers Function of Presiding Councillor Function of Secretary Absence from Meetings Casual Vacancies COUNCIL MEETINGS Frequency and Place of Meetings Special Meetings Annual Meetings Final Meetings Business of Meetings Notice of Meetings Voting and Chairperson Adjournments Other Persons at Council Meetings Retirement and Election of College Councillors Resignation from the Council and Grounds for Dismissal of College Councillors Council Size and Composition Election and Appointment of Councillors Quorum Tenure of Office COMMITTEES OF THE COUNCIL General Business Committee General Proceedings of Committees EXECUTION OF DOCUMENTS College Seal 9 39 Wesley College By Laws June 2012 Page 2
3 1.4.2 Principal 9 2. THE PRINCIPAL AND OTHER APPOINTEES PRINCIPAL Master Absence from Office Appointment of the Principal VICE MASTER COLLEGE CHAPLAIN OTHER APPOINTEES EMPLOYEES Employment Reporting to Council FELLOWS OF WESLEY COLLEGE Fellows of College Appointment of Fellows Conditions of Appointment Termination of Appointment ADMISSION OF STUDENTS TO COLLEGE DISCIPLINARY MATTERS OLD COLLEGIANS THE COLLEGE BOOKS Entry onto College Books Current Address ASSISTANCE TO OLD COLLEGIANS DEFINITIONS AND INTERPRETATION DEFINITIONS INTERPRETATION Wesley College By Laws June 2012 Page 3
4 WESLEY COLLEGE BY LAWS 1. COUNCIL OF WESLEY COLLEGE 1.1 OFFICERS Election of Officers (a) At every Annual Meeting, a Presiding Councillor and a Secretary shall be elected by the Council for the Term of Office which shall be one year. (b) Each Officer must be a Councillor and each Officer shall retire from his or her Office at the end of his or her term of office but will be eligible for re election. (c) The Council may, at any Annual Meeting, elect such other Officers as it sees fit Function of Presiding Councillor (a) Of the councillors, one is to be elected to preside at meetings of the Council. (b) If the Presiding Councillor is absent from a meeting of the Council, another councillor from those present at the meeting is to be elected to preside at the meeting. (c) The Presiding Councillor shall act as chairperson of the Council and shall keep and maintain order at all Council meetings which he or she attends as Presiding Councillor. The Presiding Councillor may also be known as the Chairman or Chairperson Function of Secretary (a) Of the councillors, one is to be elected to be the Council Secretary. (b) The Secretary shall record every resolution and proceeding of the Council in the College Journal; make the College Journal available for inspection by the Council or any Councillor upon request; issue notices of meeting to all Councillors; supervise the activities of the Minutes Secretary; review all Council correspondence; act as directed by the Council and perform the functions of the Minute Secretary if there is no Minute Secretary Absence from Meetings If any Officer (excluding the Presiding Councillor) is for any reason unable to attend a particular meeting or part of a meeting of the Council then subject to Clause not being applicable, that Officer may delegate his or her responsibilities to be performed at any such meeting to another Councillor who attends that meeting Casual Vacancies (a) If, at any time, any Officer ceases to be a Councillor, the Office held by that person shall become vacant and a Councillor may be elected by the Council to fill that position until the end of that Officer s Term of Office. (b) If a vacancy occurs in the position of Councillor, the remaining Councillors may, at a duly constituted meeting of the council elect or appoint a new suitably qualified member to fill the vacancy; but any person so elected or appointed retains office so long only as the Councillor whose seat has become vacant would have retained the same if no vacancy had occurred. (c) Casual vacancies of Councillors on the Council shall be filled having regard to Clause COUNCIL MEETINGS 41 Wesley College By Laws June 2012 Page 4
5 1.2.1 Frequency and Place of Meetings (a) The Council shall meet at least once every calendar quarter. (b) All meetings of the Council shall be held at the College unless the Council otherwise determines Special Meetings A Special Meeting of the Council shall be convened by the Secretary within one month of receipt of a request from the Council or the Principal or a written request signed by at least 3 Councillors, or at such other time as determined by the Council Annual Meetings (a) An annual meeting of the Council shall be held in each calendar year to: (i) Elect and appoint Councillors in accordance with these By laws; (ii) Elect and appoint Officers in accordance with these By Laws; (iii) Elect and appoint Councillors and other persons (if applicable) to Committees; (iv) Receive the reports of the Principal and Senior Student of the College and any other person or Committee whose report the Council wishes to receive; (v) Set meeting dates for Council meetings in the next year; and (vi) Transact any other business as the Council sees fit Final Meetings A Final Meeting is the last meeting held before the end of the academic year. It will be held each year to: (a) Approve the College budget for the succeeding academic year. (b) Appoint the Student Councillors for the succeeding academic year Business of Meetings (a) The business of Council meetings (excluding Annual Meetings and Special Meetings) unless otherwise notified shall be to: (i) Receive correspondence sent to the Council; (ii) Receive the reports of the Principal and the Senior Student and the report of any person associated with the College or the Council who has prepared a report for the relevant meeting; (iii) Receive the report of any Committee which has prepared a report for the relevant meeting and the report of any Committee required by the Council to report to it; and (iv) Transact any other business of the College and/or the Council as the Council sees fit. (b) The Principal and the Senior Student shall provide written and/or oral reports to every meeting of the Council excluding Special Meetings Notice of Meetings A notice of every Council meeting specifying the date, place and time of the meeting and the agenda of the meeting (including without limitation any special business) shall be sent by the Secretary to each Councillor by or by ordinary post to his or her last known address [according to the recorded preference of each 42 Wesley College By Laws June 2012 Page 5
6 Councillor] not less than 5 days prior to any Council meeting including without limitation any adjourned meeting Voting and Chairperson (a) Each Councillor present at a Council meeting shall have one vote on every question to be determined. (b) Questions to be determined at any Council meeting shall be determined by a majority of Councillors present and voting by acclamation. If such acclamation results in an unclear determination, then the question shall be determined by a show of hands. (c) The Chairperson shall have a deliberative but not a casting vote. (d) The provisions of Clause (d) and (e) shall also apply to Council proceedings Adjournments If, after the lapse of 15 minutes from the time appointed for any Council meeting, a quorum of Councillors is not present or if the Council wishes to adjourn a Council meeting, that meeting shall stand adjourned to a day and hour selected by the Councillors present being a day which is not less than 6 days and not more than 14 days from the day on which that meeting was held or to be held Other Persons at Council Meetings The Council may invite any person or persons to attend any meeting of the Council as a guest, observer and/or speaker Election of College Councillors (a) The term of an elected College Councillor shall commence when he or she is declared duly elected in accordance with by law (e)(iv) at an Annual Meeting and shall end at the commencement of the fourth Annual Meeting after the Annual Meeting at which he or she was declared duly elected. (b) Every Candidate must be nominated for election to the Council by at least 2 Voting Collegians or 2 Councillors. The written nomination together with the Candidate s written consent to the nomination and a written signed statement specifying that the Candidate is duly qualified under Clause and must reach the Secretary at least 21 days prior to the relevant Annual Meeting. (c) The Secretary must not accept any nomination for which there are no vacancies. (d) If the number of Candidates equals or is less than the number of vacant positions on the Council for College Councillors, each of the Candidates shall be deemed to have been elected to the Council as a College Councillors at the relevant Annual Meeting in accordance with the Act and these By Laws. (e) If the number of Candidates exceeds the number of vacant positions on the Council for College Councillors, the following shall occur: (i) (ii) (iii) (iv) The Secretary (unless he or she is a Candidate) or another Councillor not being a Candidate and appointed by the Council shall be the returning officer for the election of College Councillors. The Secretary shall at least 21 days prior to the relevant Annual Meeting send to all Voting Collegians a ballot paper containing a list of the Candidates and instructions as to the method of voting and the methods for returning the completed ballot paper. The Secretary may send the ballot paper and instructions as to the method of voting and the methods for returning the completed ballot paper by ordinary post or my to the current address or address recorded in the books of the College for each Voting Collegian. The election shall be conducted using an order of preference ballot, requiring the voter to place a number next to the name of each candidate. 43 Wesley College By Laws June 2012 Page 6
7 (v) Completed ballot papers may be returned to the Secretary by post or as an attachment to an which identifies the name of the Voting Collegian on whose behalf the is sent and must be received (date stamped) by the time specified on the ballot paper. (f) At or prior to the relevant Annual Meeting, the Returning Officer shall, in the presence of 2 scrutineers (being any persons other than Candidates) appointed by the Council, open the ballot papers, count the votes and allocate the recorded preferences In the event of more than one candidate receiving the same number of votes after distribution of preferences, thus creating a tied result for the last available position, the Returning Officer shall, in the presence of the scrutineers place the names of the tied candidates in a hat and the successful candidate shall be the candidate whose name is first drawn from the hat by the Returning Officer. The Returning Officer shall report the result of the election to the Council at the relevant Annual Meeting when called upon by the Council to do so. The 2 scrutineers shall verify the result of the election. (g) At the relevant Annual Meeting, the Candidates who obtain the highest numbers of votes or whose name was drawn from the hat vide Clause (f) shall be declared duly elected as College Councillors. (h) If, in relation to any Annual Meeting, no Candidates stand for election as College Councillors or there are not sufficient Candidates to fill all vacant positions on the Council for College Councillors, the vacant positions shall be treated as casual vacancies. (i) The Council may declare any ballot paper to be invalid and not include it in the counting of votes if the Council reasonably suspects some fraud, forgery or other discrepancy in relation to that ballot paper Resignation from the Council and Grounds for Dismissal of College Councillors (a) Any Councillor (excluding the Principal and ex officio members) may resign from the Council at any time upon giving written notification of same to the Presiding Councillor or the Secretary. A Councillor appointed on an ex officio basis shall resign if the basis of their nomination shall cease to have effect The Principal shall resign [with due regard to the terms and conditions of their contract of employment] upon the cessation of their role as Principal (b) The office of any Councillor shall become vacant upon his or her death; or becomes bankrupt or makes an assignment or composition with his/her creditors; or becomes of unsound mind; or has acted in a manner which is in anyway prejudicial to the interests of the College. (c) The Council may declare the office of any College Councillor vacant if he or she is absent without leave from 3 consecutive meetings of the Council Council Size and Composition (a) The Council will consist of 13 Councillors of whom: (i) 1 is to be the Principal (as an ex officio member); and (ii) 1 is to be the Executive Director of the NSW Synod s Board of Education [or equivalent] or the Executive Director s nominee (as an ex officio member); and (iii) 2 are to be elected by the Synod; and (iv) 4 are to be Church Members; and 44 Wesley College By Laws June 2012 Page 7
8 (v) 3 are to be Old Collegians or 2 are to be Old Collegians and 1 is to be a current member of the University of Sydney administration or teaching staff; and (vi) 2 are to be Students Councillors Election and Appointment of Councillors (a) The 13 councillors are to be elected or appointed as follows: (i) The Principal is appointed by the council in an ex officio position; (ii) The Synod Nominees are to be elected or appointed by the NSW Synod; (iii) The Church Members are to be elected by the Voting Collegians; (iv) The Old Collegians and/or of the university staff are to be elected by the Voting Collegians; (v) The Student Councillors are to be appointed by the Council following an election by the students within and on the books of the College, provided that the Council is satisfied that the Student Councillors were elected by a majority of the students who voted. The election shall be conducted in such manner as the students determine. The Student Councillors elected by the students and appointed by the Council shall comprise one male and one female Student Councillor Quorum At any meeting of the Council 5 members shall be required for a quorum Tenure of Office (a) A person who has been a Councillor (other than an ex officio member) for two consecutive terms (either by election or appointment) is only eligible for election or appointment as a Councillor on and from the earlier of the following: (i) The Annual Meeting which is the second Annual Meeting held after the Annual Meeting at which, if applicable, the Councillor retired as a Councillor by operation of Clause 1.2.9(a); and (ii) The date falling 2 calendar years after the date on which that person retired or resigned as a Councillor. 1.3 COMMITTEES OF THE COUNCIL General (a) The Council may at any time and from time to time delegate any of its functions to a Committee or Committees (existing or newly formed) consisting of such number of Councillors as the Council thinks fit duly elected or appointed to serve on that Committee or Committees. The Wesley College Foundation has been established for the purposes of fund raising and investment. For the avoidance of doubt, the decisions of the Management Committee of the Wesley College Foundation shall be subject to the approval of Council (b) The Council in establishing such a Committee shall outline the terms of reference for that Committee. The Committee at its first meeting and its first meeting after each Annual Meeting confirm and define its terms of reference under advice to the Council. (c) All members of any Committee referred to in this Clause shall hold that position for the Term of Office (which shall be one year) or until the end of the Term of Office where the Committee is formed after an Annual meeting. 45 Wesley College By Laws June 2012 Page 8
9 (d) The Council may from time to time delegate any of its functions (excluding the right to sub delegate) to any Committee or Committees of the Council made up of Councillors and such other persons as the Council determines. (e) Each Committee shall exercise the functions so delegated to it in accordance with any lawful directions of the Council given from time to time, regularly report to the Council regarding its activities and report to the Council when called upon to do so by the Council. 45 (f) Each Committee shall meet at such place at such time as the chairperson of the Committee so determines. (g) The Council may authorise any Committee to solicit and appoint one or more other persons to that Committee. A Committee may not sub delegate any of the functions so delegated to it by the Council (h) Any Committee may invite any person or persons to attend any meeting of that Committee as a guest, observer and/or speaker Business Committee (a) The Council shall, at every Annual Meeting, appoint a Business Committee of the Council made up of the Presiding Councillor, the Principal and any other Councillors elected by the Council at that meeting. (b) The elected members of the Business Committee shall sit on that Committee for the Term of Office (which shall be one year) and shall retire from that Committee at the end of the Term of Office but shall be eligible for re election to that Committee. (c) The Business Committee shall meet at least as many times as the Council during the year. (d) A quorum shall be General Proceedings of the Council and Committees (a) The Council shall elect a chairperson for each committee at the meeting at which the committee is constituted and at each Annual Meeting. Where a Committee meeting is held and the chairperson of the Committee is not present within 15 minutes after the time appointed for the holding of the meeting or is at the meeting but is unwilling to act as chairperson, the Committee Members present may elect or nominate one of their number to be chairperson of that meeting. (b) A Committee may adjourn any meeting of that Committee as it thinks proper. (c) Questions arising at a meeting of a Committee will be determined by a majority of votes of Committee Members present and voting. The chairperson of the Committee does not have a casting vote in the case of an equality of votes. (d) Any Committee may meet together either in person or by any form of audio or audio visual instantaneous communication for the dispatch of business and adjourn and otherwise regulate its meetings as it thinks fit. A resolution passed at such a meeting shall, notwithstanding that the Committee Members were not present together at one place at the time of the meeting, be deemed to have been passed at a duly constituted meeting of that committee held on the day and at the time at which it was held. (e) If all the members of a Committee have signed a document containing a statement that they are in favour of a resolution in the terms set out in the document or have otherwise indicated by facsimile transmission or other written form that they are in favour of such resolution, a resolution in those terms shall be deemed to have been passed at a meeting of that Committee held on the day on which the document was signed, or, if the Committee Members signed the document on different days, on the day on which the document was last signed by a Committee Member, or, if all such documents were by facsimile transmission or other written form, then a resolution in those terms shall be deemed to have been passed at a meeting of the Committee held on the day on which the last document was received. 46 Wesley College By Laws June 2012 Page 9
10 Two or more separate documents containing statements in identical terms each of which is signed by one or more Committee Members shall together be deemed to constitute one document containing a statement in those terms signed by those Committee Members on the respective days on which they signed the separate documents. 1.4 EXECUTION OF DOCUMENTS College Seal The Seal of the College shall be kept in the custody of the Principal or such other Councillor as the Council may appoint and shall not be affixed to any document except by resolution of the Council and in the presence of 2 Councillors who shall sign their names on the document Principal The Principal shall execute, on behalf of the Council or the College, any documents which he or she is authorised by Council resolution to so execute. 2. THE PRINCIPAL AND OTHER APPOINTEES 2.1 PRINCIPAL Master The Principal may also be known as the Master or the Master of Wesley College Absence from Office The Principal shall not absent himself or herself from the College during any academic year for any period exceeding 7 consecutive days without leave of the Presiding Councillor Appointment of the Principal The Council is responsible for the appointment of the Principal in accordance with Clause 5 of the Act. Should the candidate selected be a minister of the Church then the appointment must be made in consultation with the Church. 2.2 VICE MASTER The Council may as required appoint, on such terms and conditions as it determines, a Vice Master of the College who shall, amongst other things, exercise all powers and discharge all the duties of the Principal within the College in the Principal s absence from the College. 2.3 COLLEGE CHAPLAIN The Council shall, as required, appoint a Chaplain to the College on such terms and conditions as it determines. The appointment must be made in consultation with the Church. 2.4 OTHER APPOINTEES The Council may as required appoint, on such terms and conditions as it determines, any other Officer of the College to perform such duties and functions as the Master may recommend and the Council determines. 2.5 EMPLOYEES Employment The Principal may select and employ all office, administrative, kitchen, garden, cleaning and other staff required by the College (as determined by the Principal) on such terms as the Principal considers appropriate Reporting to Council 47 Wesley College By Laws June 2012 Page 10
11 The Principal shall include in his or her report to Council, a brief general description of the resignation, termination of employment and hiring of employees of the College which have occurred since the previous Council meeting (excluding Special Meetings). 2.6 FELLOWS OF WESLEY COLLEGE Fellows of College A Fellow of Wesley College may be a former Council member, former resident of the College, an academic of the University of Sydney or another university, or generally be a person who would benefit the College community and is likely to have an ongoing association with the College. Up to 10 persons may be Fellows of Wesley College Appointment of Fellows The Council of Wesley College will appoint Fellows of the College. A Fellow will be appointed in the first instanced for a term of five years. An appointment is renewable for further terms of up to five years Conditions of Appointment A Fellow of Wesley College is an honorary position. A Fellow would be expected to contribute to the College's community life in the area of their expertise. A Fellow shall enjoy such privileges that the Council may from time to time determine Termination of appointment The Council may, at its sole discretion, withdraw recognition of a Fellow in the event that the actions and/or behaviours of the Fellow are deemed to have been inappropriate with the honour of the role and the reputation and well being of the College 3. ADMISSION OF STUDENTS TO COLLEGE Admission of students (both undergraduate and post graduate) to residence in the College shall be a matter for the determination and sole discretion of the Principal 4. DISCIPLINARY MATTERS Matters related to disciplinary measures within the College are at the sole discretion of the Principal. Students are required to abide by the By laws of Wesley College and the laws of the State of NSW and the Commonwealth of Australia. The Principal has the deciding power to act immediately as needed, with or without prior consultation with the Chair of Council. The Council will act as a referral body should there be any matter that a student may wish to have reviewed. Expulsion or suspension of any student from the University of Sydney shall be treated and regarded as a breach by that student of these By Laws. 5. OLD COLLEGIANS 5.1 THE COLLEGE BOOKS Entry onto College Books Any graduate of the University of Sydney who was a student at the College for a period of not less than one academic year shall have his or her name continued on the books of the College provided that the Council may remove from such books the name of any person without assigning any reason for so doing Current Address 48 Wesley College By Laws June 2012 Page 11
12 The Council and the College are under no obligation to maintain the currency of each Voting Collegian s address on the books of the College, this obligation resting with each Voting Collegian. 5.2 ASSISTANCE TO OLD COLLEGIANS The Council may assist any association formed by ex Students in any manner or form, financial or otherwise, as it determines. 6. DEFINITIONS AND INTERPRETATION 6.1 DEFINITIONS Act means the Wesley College Incorporation Act 1910 (NSW) (as amended). Annual Meeting means a meeting of the Council referred to in Clause Business Day means any day on which the banks in Sydney are open for business excluding any public holiday, Saturday or Sunday. Candidate means any person who stands as a candidate for election to the Council as a College Councillor (including retiring Councillors) in accordance with Clause Chairperson means the Presiding Councillor or any other person who sits as a chairman or chairperson at any Council meeting. Church means the Uniting Church in Australia. College means Wesley College, University of Sydney. College Councillors means Councillors elected by Voting Collegians. Committee means a committee of the Council formed and conducted in accordance with Clause 1.3. Committee Member means any person who sits on or is elected or appointed to any Committee. Council means the body corporate called The Principal and Councillors of Wesley College constituted by the Act and known as the Council of Wesley College. Councillor means any person who is a member of the Council. Church Members means a person of or above the age of 18 years who is a member of the Church in New South Wales. Office means the office of Presiding Councillor, Secretary or any office created under Clause 1.1.1(c), as the case requires. Officer means the Presiding Councillor, Secretary or any person elected as an officer in accordance with Clause 1.1.1(c), as the case requires. Principal means the Master of Wesley College. Secretary means the secretary of the Council. 49 Wesley College By Laws June 2012 Page 12
13 Senior Student means the person who is elected as senior student of the College by the Students Club and holds that position. Special Meeting means a meeting at which a specific topic or topics or issue is to be discussed by the Council. Student means any undergraduate student at the University of Sydney who is or was a resident of the College, as the case may be. Student Councillor means a Councillor who is a student within, and on the books of the College. Student Club means the club formed and operated by the Students. Synod means the Synod of New South Wales and the ACT of the Church. Term of Office means for all Officers and Committee Members (excluding the Presiding Councillor) the period from the date of election or appointment to that Office or Committee until the next Annual Meeting and means one (1) year from the date upon which they were elected or re elected to that Office. Voting Collegian means any graduate of the University of Sydney who continues to be on the books of the College. 6.2 INTERPRETATION The following rules of interpretation apply unless the context requires otherwise: (a) Headings are for convenience only and do not affect interpretation. (b) The singular includes the plural and conversely. (c) A gender includes all genders (d) Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. (e) A reference to a person includes a body corporate, an unincorporated body or other entity and conversely. (f) A reference to a Clause is to a clause of these By Laws. (g) A reference to any legislation or to any provision of any legislation includes any modification or re enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it. 50 Wesley College By Laws June 2012 Page 13
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