The Australian Institute of Building AIB Handbook

Transcription

1 The Australian Institute of Building AIB Handbook Edition (Version 2.0) With amendments as at 26 October 2014 THE AUSTRALIAN INSTITUTE OF BUILDING - INCORPORATED BY ROYAL CHARTER - Founded in 1951 and granted a Royal Charter in 1969, AIB is an association of building professionals engaged in building practice, teaching or research throughout Australia and overseas. Its members include the project managers and other senior management of building and construction firms not only in Australia, but throughout the Asia- Pacific region.

2 AIB Handbook Information for the Reader Editions of this publication refer to the granting of Royal Assent to changes of the By-Laws approved by members of the Institute, at the date of that edition. Versions of an Edition refer to the approval to changes of the Regulations as approved by the Institute s Council (note changes to regulations of the Institute do not require approval by members or Royal Assent). Notes on edition: The last major revision to this publication occurred in September The AIB Council reviewed the document in February 2007 and February 2008, making changes to correct typographical errors or to clarify original intent. Further minor typographical and referencing errors were updated in August Following a meeting of the AIB membership on 1 March 2013, several key changes were approved to the by-laws. At the 6 September 2013 meeting of the AIB Council, updates to the regulation to align them with the by-law changes were made. THE AUSTRALIAN INSTITUTE OF BUILDING HANDBOOK 2013 EDITION ISBN The Australian Institute of Building Unit 10, Building C Trevor Pearcey House Thynne Street Bruce ACT 2617 This work is copyright. Apart from any use permitted by the Copyright Act (Cwlth) 1968 no part may be reproduced by any process without the prior written permission of The Australian Institute of Building. Requests and inquiries concerning reproduction should be addressed to the Chief Administrative Officer, GPO Box 1467, Canberra, ACT, 2601 Edition Edition Edition Edition Version 1 Approved Council 6 Sept 2013 Version 2 Approved Council 26 Oct2014 AIB Handbook Edition 4 Version Page: 2 of 97

3 AIB Handbook AIB Handbook Index Introduction to the Hanbook 7 Chapter 1.1 The Royal Charter Text of the Royal Charter 8 Chapter 1.2 AIB By-laws AIB by-laws Section 1 General Provisions 1.1 Definitions Relationship with the Charter Alteration of the Charter Regulation The seal Indemnity 18 Section 2 - Organisation 2.1 National office Chapters 19 Section 3 - Membership 3.1 General Grades of membership Admission and transfer Privileges and obligations Fees Removal from the register Sanction of a member Reinstatement to the register 23 Section4 - Governance 4.1 Duties of the council Councillors Delegation of authority Office bearers Chapter representatives Vacancies Council meetings 27 Section 5 - Management 5.1 Management Executive Board (Deleted March 2013) 29 Section 6 General Meetings 6.1 AGM of the Institute General Meetings of the Institute Notice of and business of general meetings Chairman of general meetings Quorum Adjournment Voting 31 Section 7 - Finances 7.1 Responsibilities Operation of funds Audits and auditors Statements of account of the Institute Allocation of funds to Chapters 34 A Annex A Proxy form for a general meeting 35 Chapter 1.3 Objectives and Code of Ethics AIB by-laws 1 Institute objectives 36 2 Code of ethics 36 Page AIB Handbook Edition 4 Version Page: 3 of 97

4 AIB Handbook Chapter Members obligations and responsibilities AIB Regulations Page 1 Obligations 37 2 Services provided by AIB members 37 3 Armorial bearings and distinguishing letters 38 A Annex A Use of armorial bearings and distinguishing letters 39 Chapter 2.2 Membership regulations AIB Regulations 1 Explanation of terms Academic qualifications Building industry Building professional Categories of membership Courses Good standing Membership examinations Positions Professional interview 43 2 Application requirements 43 3 Authority 44 4 Grades of membership Fellow Member Graduate Associate Member Licentiate Student Affiliate 47 5 Retaining membership 47 Chapter 2.3 Membership administration AIB Regulations 1 Application for admission and grade transfer 48 2 Processing applications 48 3 Membership register 48 4 Reinstating and rejoining 49 5 Subscriptions 49 6 Services to members 50 7 Reciprocity agreements 50 A1 Annex A1 Professional interviews 51 A2 Annex A2 Report of professional interview 53 B1 Annex B1 MoUs with AIQS and AIBS 55 B2 Annex B2 Reciprocity Agreement with NZIOB 56 AIB Handbook Edition 4 Version Page: 4 of 97

5 AIB Handbook Chapter 2.4 Membership examinations AIB Regulations 1 Introduction 57 2 RPL assessment procedures 57 3 Responsibilities 57 4 Special circumstances 57 Chapter 3.1 Council AIB Regulations 1 The Council Regulations (Role, responsibilities, meetings, etc.) Guidelines (Composition, committees, insurance, etc.) 59 Chapter 3.2 Administration at National Level AIB Regulations 1 National Office 1.1 Regulations (Responsibility of the Chief Administration Officer) Guidelines (Office functions and responsibilities) Accounts (Maintenance of financial records) General (Other responsibilities of the national office) 62 2 Finances 2.1 Guidelines (Chapter and Senior Vice President s role) 62 3 Publications 3.1 Guidelines (Office functions and responsibilities) 63 4 National Building Professionals Register 1.1 Regulations (Establishment and register) Guidelines (Administration, committee and registrar) 64 Chapter 3.3 National Awards AIB Regulations 1 The Australian Institute of Building Medal 65 2 The Fred Wilson OBE FAIB Memorial Prize 66 3 The Sir Manuel Hornibrook OBE LFAIB Travel Grant 67 4 The F O Watts/W T Morris Prize 69 5 The Australian Institute of Building Research & Travel Grant 70 6 The Frank E Crowle AM LFAIB Memorial Award for Teaching Excellence 70 7 The AIB Professional Excellence In Building Awards 71 8 The AIB Young Achiever of the Year Award 72 A Annex A National Awards Administration Calendar 74 AIB Handbook Edition 4 Version Page: 5 of 97

6 AIB Handbook Chapter 4.1 Regulations for Chapters AIB By-laws 1 Role of Chapters 76 2 Branches of Chapters 76 3 Established Chapters 76 4 Management of Chapters 77 5 General Meetings 5.1 Annual General Meeting of the Chapter General Meeting Notice of General Meeting Chairman of General Meeting Quorum Voting 79 6 Finance 79 7 Council Representation 79 Chapter 4.2 Guidelines for Chapter Administration 83 AIB Regulations 1 Representation on Council 80 2 Chapter Committee 2.1 Administration Accounts Membership Activities, Promotion and Public Relations Office Bearers Meetings Sub Committees 83 3 Finances 83 4 General meeting 83 5 Procedure for postal ballot 84 6 Activities 84 7 Awards 85 8 Divisions 85 A Annex A Administration Calendar for Chapters 86 Chapter 4.3 Branches of a Chapter AIB Regulations 1 Establishment 87 2 Management 87 3 General Meetings 87 4 Young Builders Alliance 88 Chapter 4.4 Chapter Awards AIB Regulations 1 Chapter Honour Award 90 2 Chapter Medal 91 3 Florence M Taylor Award 92 4 AIB Professional Excellence In Building Awards 93 5 Other awards by Chapter 93 Chapter 5.1 Assessment of Courses & Accreditation of Qualifications AIB Regulations9 1 Policies 94 2 Procedures 95 AIB Handbook Edition 4 Version Page: 6 of 97

7 AIB Handbook Introduction to the AIB Handbook This handbook provides directives and guidance for the administration and activities of The Australian Institute of Building. Its compilation, publication, distribution, and amendment are the responsibility of the Institute s Chief Administrative Officer. The Royal Charter and By-laws are the fundamental instruments of incorporation and governance of the Institute and may only be amended with the approval of the Governor General of the Commonwealth of Australia. Regulations may only be amended or approved by the Council. AIB Information Publications containing amplifying information about the Institute, are published separately from the AIB Handbook. Guidelines for the distribution of the Handbook are as follows: a. Each Councillor will receive one copy of the Handbook plus one copy of each issued amendment while he or she is on the Council; b. Each Chapter will receive one copy plus one copy of each issued amendment; c. Each new AIB member, other than Student Members (who will receive their issue when upgraded) will receive Chapters 1.1, 1.2, 1.3 and 2.1 d. The Handbook will be available for sale to AIB members at a price as decided by the Chief Administrative Officer. It is also available on the Institute s website in the members only secure area. The Australian Institute of Building Address: GPO Box 1467, Canberra, ACT, ausbuild@aib.org.au Telephone: +61 [0] Facsimile: +61 [0] Website: AIB Handbook Edition 4 Version Page: 7 of 97

8 AIB Handbook Chapter 1.1 Chapter 1.1 Royal Charter Introduction 1. On 2 April 1969, 23 Corporate Members of the Institute petitioned for the grant of a Royal Charter. 2. On the advice of the Privy Council, Her Majesty Queen Elizabeth the Second granted a Royal charter to The Australian Institute of Building on 7 October Royal Charter Elizabeth the Second by the grace of God of the United Kingdom, Australia and Our other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith: To all To Whom these Presents Shall Come, greeting! WHEREAS by the authority of the Association incorporated in Our Commonwealth of Australia and known as The Australian Institute of Building (formerly known as The Australian Institute of Builders and hereinafter referred to as the existing Institute ) certain members of that Institute have by their humble Petition prayed that We would be pleased to grant unto the existing Institute a Charter of Incorporation: AND WHEREAS We are minded to comply with the prayer of the said Petition: NOW THEREFORE KNOW YE that We, by virtue of Our Prerogative Royal in that behalf and of all other powers enabling Us so to do, of Our especial grace, certain knowledge and mere motion have granted and ordained and do by these Presents for Us, Our Heirs and Successors grant and ordain as follows: 1. The persons now members of the existing Institute, and all such persons as may hereafter become members of the Body Corporate hereby constituted shall for ever hereafter (so long as they shall continue to be such members) be one body corporate and politic by the name of The Australian Institute of Building (hereinafter referred to as the Institute ) and by the same name shall have perpetual succession and a Common Seal with power to break, alter and make anew the said Seal from time to time at their will and pleasure and by the same name and may sue and be sued in all Courts and in all manner of actions and suits and shall have power to do all other matters and things incidental or appertaining to a Body Corporate including power to take and hold personal property and power to purchase, take on lease and hold lands, tenements and hereditaments or any interest in any lands, tenements or hereditaments whatsoever within Our Commonwealth of Australia for the purposes of the Institute and power to sell, let on lease, alienate or otherwise dispose of the same or any part thereof. 2. The income and property of the Institute shall be applied solely towards the promotion of the objects of the Institute as hereinafter defined. The Institute shall not carry on any trade or business or engage in any transaction with a view to the pecuniary gain or profit of the members thereof. No member shall have any personal claim on any property of the Institute and no part of the income or property of the Institute shall be paid or transferred directly or indirectly by way of dividend or bonus or otherwise howsoever by way of profit to the members of the Institute provided that nothing herein contained shall prevent the payment in good faith of remuneration to any officer or servant of the Institute and their dependents or prevent the payment at the AIB Handbook Edition 4 Version Page: 8 of 97

9 AIB Handbook Chapter 1.1 discretion of the Council of the Institute of the expenses incurred by any members of The Institute in attending meetings or otherwise undertaking business of The Institute at the instance of the Council or prevent the payment of interest at a rate not exceeding five percentum per annum on money borrowed from any member of The Institute. 3. The objects and purposes for which the Institute is hereby constituted are to promote the study and advance the science and practice of building and of all kindred matters, arts and sciences and to facilitate the exchange of information and ideas in relation thereto and for that purpose: (a) (b) (c) (d) (e) (f) (g) (h) (i) To acquire the property and money of the existing Institute (including the property and moneys if any held by it as Trustee) subject to the existing trusts if any affecting the same. To raise the character and status of the practice of building and those engaged therein. To increase the confidence of the community in the employment of persons engaged in the practice of building by admitting to corporate membership of The Institute only such persons as shall have satisfied the Council of The Institute that they have an adequate knowledge of both the theory and practice of building. To promote honourable practice, to repress malpractice and to settle disputed points of practice and to decide all questions of professional usage and etiquette affecting members of the Institute. To collect and circulate statistics and other information relative to building in its several branches. To provide for the delivery and holding of lectures, forums, exhibitions, public meetings, classes and conferences calculated to advance education in building whether general, professional or technical and to employ lecturers, teachers and other persons for these purposes and to pay all expenses, professional or otherwise, in connection therewith To encourage the study of the arts and sciences of building and to improve and elevate the general and technical knowledge of persons engaged or intending to engage in the practice of building and for such purposes to test by examination or otherwise the competence of such persons and to donate on such terms and conditions as may from time to time be prescribed prizes or other awards or distinctions and grant certificates and institute and establish scholarships, grants and other benefactions and to provide for the registration by The Institute of holders of such certificates. To institute, promote, establish or support or aid in the institution, promotion, establishment of support of any associations or institutions in any way connected with the purposes of the Institute or of chairs and lectureships (whether controlled by The Institute or not) in connection with any university, college institution of learning or otherwise and to subsidise or assist the teaching of any subjects relating to the practice of building and kindred matters, arts and sciences or tending to further the objects of the Institute or any of them. To encourage and assist research into any matters of concern to persons engaged in the practice of building and make known the nature and merits of the results of any research which may seem capable of being used by persons engaged in the practice of building. AIB Handbook Edition 4 Version Page: 9 of 97

10 AIB Handbook Chapter 1.1 (j) (k) (l) To establish, form and maintain libraries, museums and laboratories devoted to the arts and sciences and practice of building. To communicate to members information on all matters affecting the practice of building and to print, publish, issue and circulate such papers, periodicals, books, circulars, leaflets and other literary undertakings as may seem conducive to any of the objects of the Institute. To encourage the discovery of and investigate the nature and merits of processes and inventions which may seem capable of being used by persons engaged in the practice of building. (m) To amalgamate or combine or confer or act temporarily or otherwise in conjunction with any other body or bodies, institute or institutes having objects similar to those of the Institute and which shall prohibit the distribution of their income and property among their members to an extent at least as great as it imposed on the Institute under or by virtue of Article 2 hereof, and to enter into any contracts or arrangements with such bodies or institutes whether they are at present existing or not and whether they are operating within Our Commonwealth of Australia or elsewhere. (n) (o) To appeal for, accept and receive any property, endowment, legacy, bequest, gift or loan for any purpose within the objects of the Institute, and to act as trustees and managers thereof. To invest the moneys and funds of the Institute not immediately required in any one or more of the following investments: i. upon first mortgages of freehold property in any part of Our Commonwealth of Australia; ii. in the purchase of or advances upon public municipal or Government securities of Our Commonwealth of Australia or of any States thereof; iii. in the purchase or acquisition of equities of redemption or any other outstanding interest in respect of any property the subject of a security held by the Institute under which default has been made; iv. on deposit with any bank carrying on business in Our Commonwealth of Australia; v. in advance upon the security of city, municipal, shire, borough or other rates, tolls or dues which may be authorised to be raised or charged by or under the authority of any Act of Our Commonwealth of Australia or any State therein; vi. in the purchase of or advances upon any bonds, debentures, mortgages or other security of any city, municipality, shire or other public body, corporation or company secured upon any undertaking or work or upon rates, tolls, dues or revenues, derivable or obtainable thereout; and to vary any such investments from time to time for any other or others of the kind described and to sell any real property so purchased for money or for valuable consideration and invest the proceeds of the sale, and also to leave money for any period at current account deposit or on call with any bank. AIB Handbook Edition 4 Version Page: 10 of 97

11 AIB Handbook Chapter 1.1 vii. in the purchase of or advances upon any bonds, debentures, mortgages or other security of any city, municipality, shire or other public body, corporation or company secured upon any undertaking or work or upon rates, tolls, dues or revenues, derivable or obtainable thereout; and to vary any such investments from time to time for any other or others of the kind described and to sell any real property so purchased for money or for valuable consideration and invest the proceeds of the sale, and also to leave money for any period at current account deposit or on call with any bank. (p) To borrow or raise money for the purposes of the Institute on such terms and on such security as maybe thought fit. (q) (r) (s) To purchase, take on lease or in exchange, hire or otherwise acquire any real or personal property and any rights or privileges which the Institute may think necessary or convenient for the promotion of its objects, and to construct, maintain and alter any buildings or erections necessary or convenient for the work of the Institute. To sell, let, mortgage or dispose of all or any of the property or assets of the Institute as may be thought expedient with a view to the promotion of its objects. To do all such other things as the Institute may think incidental or conducive to the attainment of the above objects or any of them. 4. Unless and until the By-laws of the Institute shall otherwise provide there shall be eight grades of members of the Institute termed respectively Honorary Members, Fellows, Retired Fellows, Associates, Retired Associates, Licentiates, Students and Affiliates. Fellows and Associates shall be known as Corporate Members. The membership of The Institute shall consist of: (a) (b) the persons who at the date hereof are members of the existing Institute, and such members shall be deemed to have entered the Institute as members of the same grade as that to which they belonged in the existing Institute; all persons from time to time elected or transferred to any grade of membership in accordance with the By-laws of the Institute. 5. The qualifications, methods and terms of admission, privileges and obligations of members, including liability to expulsion, removal of name from the register of the Institute or suspension and conditions of resignation from membership shall be such as the By-laws of the Institute shall direct. The Council of the Institute alone shall have power to decide conclusively whether any person proposed for or seeking admission to any grade of membership of the Institute has fulfilled such conditions as are applicable to his case. 6. Unless and until the By-laws of the Institute shall provide for a change in such designations a Fellow or Retired Fellow of the Institute may use after his name the abbreviated designationfaib, an Associate or Retired Associate, of any level, the abbreviated designation AMAIB, 7. There shall be a Council of the Institute (hereinafter called the Council ) which shall be the governing body of the Institute. AIB Handbook Edition 4 Version Page: 11 of 97

12 AIB Handbook Chapter The Council shall consist of such members of the Institute holding such qualifications and to be elected or nominated in such manner and to hold office for such periods and on such terms as to re-election or re-nomination and otherwise as may be prescribed by the By-laws of the Institute. Members of the Council shall not be paid or receive any remuneration or fees for acting as such and no member of the Council shall be appointed to any salaried office of the Institute or any office of the Institute paid by fee. 9. The first council shall consist of the persons who were members of the Council of the existing Institute immediately before the date of this Our Charter and such persons shall hold office until the due election and coming into office of their successors in accordance with the By-laws of the Institute. The first chief administrative officer of the Institute shall be the existing Chief Administrative Officer of the existing Institute. 10. The Council shall have the sole control, management and superintendence of the property, income, affairs and concerns of the Institute and may appoint officers as shall in its discretion be deemed necessary and, if not contrary to or inconsistent with provisions of this Our charter or any By-laws made hereunder or the Laws and Statutes of Our Commonwealth of Australia or any State or Territory thereof, may do all such acts as may appear to it to be necessary or desirable for the purpose of carrying into effect the objects of the Institute. 11. The Council may so far as it deems expedient delegate any of its powers to Committees, including the Committees of the Chapters for the time being of the Institute and also the Committees appointed to deal with special matters of business, provided that any such powers and authorities may be cancelled, varied or altered by the Council from time to time. 12. For the purpose of carrying out the objects of the Institute more effectually, of stimulating interest and of securing effective representation on the Council, the Council may constitute Chapters consisting of such members as may be resident in any territory as defined from time to time in accordance with the By-laws for the time being. The Chapters shall be the first Chapters of the Institute. The Council shall have the power to establish other Chapters and from time to time to alter the areas and boundaries of any Chapter and to amalgamate or subdivide any Chapter and to alter the powers and obligations of the Chapters or any of them and of the Committees managing any Chapter. 13. The meetings of the Institute shall be of such classes and shall be held for such purposes as may from time to time be prescribed by the By-laws of the Institute and the rights of the several grades of members of the Institute at such meetings shall except as herein otherwise provided be such or subject to such restrictions as may be prescribed by the By-laws of the Institute. 14. A majority of not less than three-fourths of the Corporate Members present in person or by proxy and voting at a General Meeting of the Institute specifically called for the purpose of which due notice has been given shall have power from time to time to make such By-laws as shall seem requisite and convenient for the regulation, government and advantage of the Institute, its members and property and for the furtherance of its objects and purposes and from time to time to revoke or amend any By-laws previously made but so that the same be not repugnant to this Our Charter or the Laws of Our Commonwealth of Australia or any State or Territory thereof; provided that no such By-law, revocation or amendment shall take effect until approved by His Excellence Our Governor-General of Our Commonwealth of Australia or the Administrator for the time being of the Government of Our Commonwealth of Australia. The Institute shall cause all such By-laws, when so approved, to be printed and published, together with the formal approval, in the official Gazette of Our AIB Handbook Edition 4 Version Page: 12 of 97

13 AIB Handbook Chapter 1.1 Commonwealth of Australia. 15. The first By-laws to be made under this Our charter shall be made by the Corporate Members of the Institute within the period of twelve months from the date hereof unless His Excellency Our Governor-General of Our Commonwealth of Australia or the Administrator for the time being of the Government of Our Commonwealth of Australia shall see fit to extend such period. 16. Pending the making and approval of the By-laws to be made under this Our Charter but no longer, the Articles of Association of the existing Institute and the By-laws thereof shall, in so far as they are inconsistent with the provisions of this Our Charter, be the By-laws of the Institute and shall have effect as though the Institute, its officebearers and members had therein been referred to throughout in lieu of the existing Institute, its office-bearers and members. 17. The Institute may by Resolution passed by a majority of not less than three-fourths of such Corporate members as vote in person or by proxy, at a meeting of the Institute specially convened for that purpose, held not less than one month nor more than four months after the first meeting amend or add to this Our Charter and such amendment or addition shall when approved by Us, Our Heirs or Successors in Council become effectual so that this Our Charter and such amendment or addition shall thenceforth continue to operate as if it had originally been granted and made accordingly. Not less than twenty-one days notice of both the meetings referred to in this Article shall be given in the manner provided by the By-laws for the giving of notice. 18. And We do hereby for Us, Our Heirs and Successors grant and declare that these Our Letters or the enrolment or exemplifications thereof shall be in all things valid and effectual according to the true intent and meaning of the same and shall be taken, construed and adjudged in all Our Courts or elsewhere in the most favourable and beneficial sense and for the best advantage of the Institute any mis-recital, nonrecital, omission, defect, imperfection, matter or thing whatsoever notwithstanding. IN WITNESS whereof We have caused these Our Letters to be made Patent. WITNESS Ourself at Westminster the Seventh day of October in the Eighteenth year of Our reign. BY WARRANT under the Queen s Sign Manual. AIB Handbook Edition 4 Version Page: 13 of 97

14 AIB Handbook Chapter 1.2 Chapter 1.2 By-laws Introduction The Intitute s By-laws were made and amended at General Meetings and approved by the Governor General as follows: General Meeting Governor General s Approval 17 July July February September June August February March October December March August 2013 Contents Section By-law Title By-law Number 1 - General Definitions 1.1 Relationship of the By-laws with the Charter 1.2 Alteration of the By-laws 1.3 Regulations 1.4 Code of Ethics 1.5 The Seal 1.6 Indemnity Organisation National Office 2.1 Chapters Membership General 3.1 Grades of Membership 3.2 Admission and Transfer 3.3 Privileges and Obligations 3.4 Fees 3.5 Removal from the Register 3.6 Sanction of a Member 3.7 Reinstatement to the Register Governance Duties of the Council 4.1 Councillors 4.2 Delegation of Authority 4.3 Office Bearers 4.4 Chapter Representatives 4.5 Vacancies 4.6 Council Meetings Management Executive Board 5.1 /cont. AIB Handbook Edition 4 Version Page: 14 of 97

15 AIB Handbook Chapter General Meetings Annual General Meeting of The Institute 6.1 General Meetings 6.2 Notice of and Business at General Meetings 6.3 Chairman at General Meetings 6.4 Quorum 6.5 Adjournment 6.6 Voting Finances Responsibility 7.1 Operation of Funds 7.2 Audits and Auditors 7.3 Statements of Account of the Institute 7.4 Allocation of Funds to Chapters 7.5 ANNEX A FORM OF APPOINTMENT OF PROXY AIB Handbook Edition 4 Version Page: 15 of 97

16 AIB Handbook Chapter 1.2, Section 1 Section 1 General BYLAWS 1.1 Definitions The following terms are defined for the purposes of these By-laws as follows: a. Annual Report: a report of activities for the past year. b. Building: the application and regulation of the building process (including design, construction and maintenance of buildings), development and management of property, building systems and products, building research, building consultancy, building economics and the education of building practitioners. c. Chapter Representative:; a Corporate Member who has been elected to represent a Chapter on the Council of the Institute. d. Charter: the Royal Charter granted to the Institute by Her Majesty Queen Elizabeth II at Westminster under date of 7 October 1969, and any supplemental or other Charter in force and affecting the Institute. e. Chief Administrative Officer: the person appointed to conduct the ordinary business of the Institute with the title as decided by the Council. f. Communication: transmission of information by any means which is accepted as legal communication at the time. g. Corporate Member: a member on the Register in the grade of Life Fellow, Fellow or Member. h. Council: the Council of the Institute in accordance with bylaw 4.2. i. Councillor: a person who has been declared as being part of the composition of the Council. j. Deleted. k. Fees: entrance fees, transfer fees, annual subscription and other fees relating to membership of the Institute. l. Financial year: 1April to 31 March. m. General Meeting: a meeting to which all members are given notice. n. Members: persons who are currently listed on the Register, in any grade of membership. o. Membership: membership of the Institute. p. National Office: the location for the Institute s administration at national level. q. Objectives: the set of objectives for the Institute adopted by the Council from time to time. r. Office Bearers: National President, National Vice Presidents, and Past National President when appointed to the Council. s. Officer: salaried employee of the Institute. AIB Handbook Edition 4 Version Page: 16 of 97

17 AIB Handbook Chapter 1.2, Section 1 t. Ordinary Resolution: a resolution at any meeting of the Institute which must receive at least a simple majority of votes cast in favour. u. Register: the Register of members which records details of members. v. Retired List: a list of members who have retired from practice, teaching or research under conditions as determined by the Council. w. Special Resolution: a resolution at any meeting of the Institute which must at least receive 75% of votes cast in favour. x. Seal: the Common Seal of the Institute. y. The Institute: The Australian Institute of Building. 1.2 Relationship of the By-laws with the Charter These By-laws must not in any way affect the operation of the Charter. 1.3 Alteration of the By-laws The By-laws of the Institute may, subject to provisions of the Charter, be amended with the consent of the Governor General of Australia Any motion to amend the By-laws must be passed by Special Resolution at a General Meeting of the Institute. The counting of votes and reporting of the result must be done by two scrutineers appointed by the meeting. 1.4 Regulations The Council may make, amend or repeal Regulations for operation of the Institute by Ordinary Resolution. The text of a proposed Regulation or amendment to the Regulations must be sent with the notice of meeting The Regulations may be elaborated by the use of policies, guidelines and procedures A Regulation must not be inconsistent with, or affect, or affect to repeal anything contained in these By-laws Any regulation may be set aside by resolution at a General Meeting. 1.5 Code of Ethics 1.6 The Seal The Council may adopt a Code of Ethics and other codes of conduct, by Ordinary Resolution, from time to time The Seal must be held in the National Office and may only be affixed to a document which is signed by any two persons appointed to do so by the Council All such uses of the Seal must be recorded in the Register of Seals and must be ratified by the Council. 1.7 Indemnity The Institute indemnifies each Office Bearer, Councillor, committee member or officer against any liability incurred by that person in that person s capacity as Office Bearer, Councillor, committee member or officer, out of the Institute s property except where that liability arises through that person s own wilful default or neglect. AIB Handbook Edition 4 Version Page: 17 of 97

18 AIB Handbook Chapter 1.2, Section Liability in this clause means all costs, charges, losses, damages, expenses, penalties and liabilities of any kind incurred in defending any proceedings, whether criminal, civil or administrative, or appearing before any court, tribunal, government authority or other body arising out of the execution of or in relation to the person s duties except through the person s own wilful default or neglect. AIB Handbook Edition 4 Version Page: 18 of 97

19 AIB Handbook Chapter 1.2, Section 2 Section 2 Organisation BYLAWS 2.1 National Office The location of the National Office of the Institute will be determined by the Council from time to time. 2.2 Chapters Chapter Membership: a. The members who are resident within boundaries as prescribed by the Council may be formed into Chapters of the Institute, under the names as determined by the Council. b. Unless the Council prescribes otherwise, members must belong to the Chapter within the boundaries of which they reside. A member may only be attached to one Chapter. A member residing outside Australia not being a member of a Chapter formed outside Australia must be placed on the Overseas List of Members and for Chapter administration purposes is deemed to be assigned to a Chapter, including in some circumstances a State Chapter, as determined by Council Chapter Management: A Chapter will be managed by a Chapter Committee, the duties and composition of which must be prescribed in the Regulations. Each Chapter Committee must report annually to the Council Other Units of a Chapter: A Chapter Committee may, with approval of the Council, form other units for achievement of the objects of the Institute and to meet specialised needs of groups of members. AIB Handbook Edition 4 Version Page: 19 of 97

20 AIB Handbook Chapter 1.2, Section 3 Section 3 Membership BYLAWS 3.1 General Register: The Register must be kept at the National Office and is to record details of members, who must furnish the information required for this purpose Not Transferable: a. Membership is personal and is not transferable. b. Membership rights and privileges are not transferable, and they cease on removal of a member from the Register Privileged Communication: All communications relating to the admission, grade transfer or sanction of any member must be treated as privileged and confidential Certificate of Membership: a. Each member must be issued with a Certificate of Membership appropriate to the member s grade of membership. b. The Seal must be placed on certificates for those grades as decided by the Council. c. Each certificate remains the property of the Institute and must be surrendered on request. d. Copies of lost certificates may be provided to members on payment of a prescribed fee Visiting Membership: The Council may admit as a Visiting Member any person who is a professional member of an organisation which is equivalent to the Institute and who is a bona fide visitor to Australia with whatever rights and privileges as decided by the Council. 3.2 Grades of Membership There will be the following grades of membership: a. Honorary Fellow b. Life Fellow c. Fellow d. Member e. Associate Member f. Licentiate g. Graduate h. Student i. Honorary Affiliate j. Affiliate AIB Handbook Edition 4 Version Page: 20 of 97

21 AIB Handbook Chapter 1.2, Section Qualifications for Honorary Fellow: This grade is reserved for persons of eminence, station and distinction, or persons distinguished by scientific, artistic, literary or other cultural attainment Qualifications for Life Fellow: This grade is reserved for Fellows of the Institute who have rendered distinguished service to Building and / or the Institute Qualifications for Fellow: This grade is reserved for persons who: a. hold acceptable professional level qualifications as defined in the Regulations, b. have held responsible positions at professional level in a building discipline for a minimum period as determined by the Council from time to time, and c. are of good standing in the building profession Qualifications for Member: This grade is reserved for persons who: a. hold acceptable professional level qualifications as defined in the Regulations, b. have held positions at professional level for a minimum period as determined by the Council from time to time, and c. are of good standing in the building profession Qualifications for Associate Member: This grade is reserved for persons who: a. hold acceptable associate professional level qualifications as defined in the Regulations, b. have been employed in the building industry for a minimum period as determined by the Council from time to time, and c. are of good standing in the building industry Qualifications for Licentiate: This grade is reserved for persons who: a. hold acceptable technician level qualifications as defined in the Regulations, b. have been employed in the building industry for a minimum period as determined by the Council from time to time, and c. are of good standing in the building industry Qualifications for Graduate: This grade is reserved for persons who have obtained appropriate professional level qualifications as defined in the Regulations Qualifications for Student: This grade is reserved for persons who are undergoing an appropriate course of study as defined in the Regulations Qualifications for Honorary Affiliate: This grade is reserved for persons who possess a level of eminence in science or arts in common with building Qualifications for Affiliate: This grade is reserved for persons who are active in Building at professional level but who do not hold the qualifications appropriate for a Corporate Member. AIB Handbook Edition 4 Version Page: 21 of 97

22 AIB Handbook Chapter 1.2, Section Admission and Transfer Honorary Fellow: A person may only be admitted to the grade of Honorary Fellow by a Special Resolution of the Council Life Fellow: A person may only be admitted to the grade of Life Fellow by a Special Resolution of the Council Fellow: A person may be admitted to the grade of Fellow either by: a. the Council offering admission to membership in or grade transfer to that grade; or b. by way of application in accordance with Admission to Membership and Grade Transfer by Application a. Every application for admission to membership or for grade transfer must be on the form as prescribed from time to time. b. Each application form must contain a statement, signed by the applicant, that the applicant agrees to abide by the Charter, By-laws and Regulations and subscribes to the Institute s Objectives and Code of Ethics. c. The Council in its absolute discretion may refuse to approve the admission or transfer of any applicant. d. The Council must provide for the assessment of candidates qualifications for membership where required. 3.4 Privileges and Obligations 3.5 Fees Honorary Fellow: Honorary Fellows are not entitled to vote at meetings and are not required to pay any fee Life Fellow: Life Fellows have all the rights and privileges of a Fellow but are not required to pay any fee Honorary Affiliate: Honorary Affiliates are not entitled to vote at meetings and are not required to pay any fee Corporate Members: Corporate Members are entitled to vote at General Meetings and any votes associated with General Meetings and meetings of the Chapter to which they belong to serve on the Council and on the Committee of the Chapter to which they belong and are required to pay fees as determined by the Council Other Members: All other members are required to pay fees as determined by the Council but are not entitled to serve on the Council or vote at General Meetings The Council may: a. fix any fees for the various grades of membership; b. fix special rates for members resident outside Australia; c. reduce or suspend the annual subscription of a member temporarily absent from Australia, for the period of such absence; d. waive or reduce the amount of any fee payable by any member; and AIB Handbook Edition 4 Version Page: 22 of 97

23 AIB Handbook Chapter 1.2, Section 3 e. set conditions under which fees are to be charged and paid Members who do not pay annual subscriptions by the date as prescribed in the Regulations lose all membership rights and privileges On the death of a member, any outstanding subscriptions due from that member will be written off. 3.6 Removal from the Register A member will be removed from the Register if that member: a. resigns and the resignation is accepted; b. dies; 3.7 Sanction of a Member c. does not pay the annual subscription by the prescribed date; or d. is suspended or expelled The Council may suspend or expel a member if, in the opinion of the Council, that member: a. breaches or fails to observe the Code of Ethics, any By-law or Regulation; or b. obtained admission to membership or grade transfer by improper means Any suspension or expulsion action must be preceded by the following: a. The Council resolves that an inquiry be held and appoints a committee for that purpose. The inquiry committee may include persons who are not Councillors. Any Councillor on the inquiry committee is not barred from voting on any mattter reported to the Council by the committee. b. The relevant member is advised by communication of the inquiry and of the conduct complained of. The member is given no less than thirty days notice of the place, date and hour of the inquiry, and is given the opportunity of being heard and of presenting any relevant evidence. c. The Council considers the report of the inquiry committee. d. Any motion to suspend or expel the member must be passed by Special Resolution of the Council The Council has no obligation to disclose the source of any information giving rise to the inquiry. 3.8 Reinstatement to the Register The Council may reinstate a person who has been removed from the Register, under such conditions as the Council may prescribe. AIB Handbook Edition 4 Version Page: 23 of 97

24 AIB Handbook Chapter 1.2, Section 4 Section 4 Governance BYLAWS 4.1 Duties of the Council The Institute will be governed by the Council. 4.2 Councillors The Council will comprise: a. the Office Bearers, b. subject to By-law the Immediate Past President; and; c. one Chapter Representative from each Chapter Composition of the Council for the ensuing year must be declared at the Annual General Meeting of the Institute Term of Office: a. The period of office for a member of Council is 2 years beginning at the close of the Annual General Meeting of the Institute at which the appointment is announced and concluding at the close of the second Annual General Meeting of the Institute after that announcement. b. Members of Council whose term expires at an Annual General Meeting of the Institute are eligible to stand for re-election provided that no member of Council may be elected for more than 3 terms consecutively. Any such past member of Council shall be eligible to stand for election after 1 full term off Council. c. Half of the members of Council shall resign each year in a 2 year cycle but those who are eligible may stand for re-election. In the first year the members of Council to resign shall be the Vice President Treasurer and the Vice President as determined by By-law and the members elected from Chapters in Australian Capital Territory, New South Wales, Queensland and Overseas. All other members of Council shall resign in the second year The office of member of Council becomes vacant if the member of Council: a. dies, b. becomes bankrupt or makes any arrangement or composition with their creditors generally, unless at the next meeting of Council, Council resolves otherwise, c. becomes of unsound mind or a person who is, or whose estate is, liable to be dealt with in any way under the law relating to mental health, d. holds any paid position with the Institute unless at the next meeting of Council the Council resolves otherwise, e. ceases to be a member of the Institute, f. is suspended from membership of the Institute, g. resigns from the Council, AIB Handbook Edition 4 Version Page: 24 of 97

25 AIB Handbook Chapter 1.2, Section Delegation of Authority h. is removed from the Council by Ordinary Resolution of a General Meeting, i. is subject to any of the circumstances prescribed by the Corporations Act 2001, j. is convicted on indictment of an offence and the Board does not within 2 months after that conviction resolve to confirm the member of Council s appointment or election (as the case may be) to the office of member of Council, k. is absent from 2 consecutive meetings of Council, with or without the consent of the Council, unless at the next meeting of the Council the Council resolves otherwise, l. has failed to disclose a material personal interest that would be required to be disclosed to an organisation subject to the Corporations Act 2001 unless at the next meeting of the Council the Council resolves otherwise, or m. is a Chapter Representative on the Council and ceases to be eligible to be the Chapter Representative or is removed by the Chapter Committee advising the Council in writing of the decision of the Chapter to remove the Chapter Representative The Council may delegate to a committee, or Councillor any of the powers conferred on it by these By-laws except for the powers of: 4.4 Office Bearers a. acquiring or disposing of real property, and b. suspending or expelling members National President: a. National President: i. must be a Fellow or Life Fellow; ii. iii. must be elected annually by the Council when required in accordance with By-law c. from duly nominated candidates who must be a current member of Council, a past member of Council or due to take office as a member of Council in accordance with By-law a. at its last regular meeting prior to the Annual General Meeting of the Institute; 1. the timing and process of the election is to be determined by the Council after taking into account By-law but the failure of a Chapter to advise Council of the Chapter Representative shall not delay Council in meeting its schedule provided Chapters have been given at leat 3 months notice of the timing; and must not hold office for more than two consecutive terms, with any period less than the normal term which results from the death or resignation of the preceding National President or other cause, not being considered as a term of office. AIB Handbook Edition 4 Version Page: 25 of 97

26 AIB Handbook Chapter 1.2, Section National Vice Presidents: a. There may be up to three National Vice Presidents who: i. must be Fellows or Life Fellows; and ii. must be elected by the Council when required in accordance with By-law c. from duly nominated candidates who must be a current member of Council, a past member of Council or due to take office as a member of Council in accordance with By-law a. at its last regular meeting prior to the Annual General Meeting of the Institute. b. The Vice President who is elected first if elected separately or elected with the most votes if elected jointly and if candidates are elected with the same number of votes then by lot unless the candidates otherwise agree amongst themselves will be nominated as the Senior Vice President. c. One of the Vice Presidents will be nominated as Vice President Treasurer as being responsible for the Institute s funds. d. Deleted Past National President: For the purposes of this By-law, the Past National President is the person who last held office of National President but when that person is unavailable or unwilling to act the Council may appoint a person who has previously held the office of National President or failing that a past member of Council who was eligible to be National President. 4.5 Chapter Representatives Qualifications: Chapter Representatives must be Corporate Members and current Chapter Committee members. In nominating a representative, Chapters should consider the current and future capacity of the individual to meet and contribute to the workload as a member of Council Nomination and Election: 4.6 Vacancies Each Chapter Committee will nominate its representatives on the Council, as prescribed in the Regulations with the representative being elected in conjunction with the Chapter annual general meeting and Council being advised of the Chapter Representative no later than 4 weeks prior to the Annual General Meeting of the Institute. To facilitate this process Council shall advise Chapters of the date of the Annual General Meeting of the Institute no later than 4 months prior to the Annual General Meeting of the Institute Office Bearers: a. If the office of National President or a National Vice President becomes vacant, the Council will usually elect a successor for the unexpired portion of the term except in unusual circumstances. b. Any vacancy of the Council so created may be filled in accordance with By-law Chapter Representatives: AIB Handbook Edition 4 Version Page: 26 of 97