Federation of Parents and Citizens' Associations

By Laws of P&C Federation

1. Regions of the Federation

(a) The State shall be divided into regions as determined by the annual conference

(b) The State shall be divided into 10 regions as follows:

· Hunter/Central Coast comprising Central Coast Sub-Region (Gosford, Wyong School Education Areas), Lake Macquarie, Maitland, Muswellbrook, and Newcastle School Education Areas;

· Illawarra and Southern comprising Bateman's Bay Queanbeyan, Shellharbour and Wollongong School Education Areas;

· New England comprising Armidale, Moree, and Tamworth School Education Areas;

· North Coast comprising Clarence/Coffs Harbour, Lismore, Port Macquarie, Taree, and Tweed Heads/Ballina School Education Areas;

· North Sydney comprising Hornsby, Northern Beaches and Ryde School Education Areas;

· Riverina comprising Albury, Deniliquin, Griffith and Wagga Wagga School Education Areas;

· South West Sydney comprising Bankstown, Campbelltown, Fairfield, Granville, and Liverpool School Education Areas;

· Sydney comprising Bondi, Port Jackson, St George and Sutherland School Education Areas;

· Western comprising Bathurst, Bourke, Broken Hill, Dubbo and Orange School Education Areas;

· Western Sydney comprising Blacktown, Mount Druitt, Parramatta, Penrith and Windsor School Education Areas.

(c) Each school-based affiliate shall be assigned a single region or, where appropriate, a single sub-region as determined by annual conference.

(d) Each region or sub-region shall be entitled to be represented by a number of councillors on the basis of two councillors for each 50 government schools, or part thereof, and which are eligible to affiliate.

2. Representation of Affiliates at Annual Conference

(a) Each affiliate shall be entitled to send three delegates to annual conference.

(b) Each affiliate shall notify the Executive Officer of its intention to be represented at annual conference at least 13 weeks before the opening of the annual conference. Delegates' names shall be forwarded to the Executive Officer at least four weeks before the date of the annual conference.

(c) Each delegate to annual conference shall produce his credentials, duly signed by the President, Chairperson or Secretary of the affiliate he represents, stating that he is a financial member of the affiliate and properly authorised to represent the affiliate.

(d) A delegate representing an affiliated school parent body at annual conference shall be deemed to come from the region to which the school is assigned.

(e) A delegate from a district council shall nominate a school where they are a member of the affiliated school parent body and shall be deemed to come from the region to which that school is assigned.

(f) Delegates from country regions are required to attend at least four business sessions of annual conference before being eligible for reimbursement for approved travel costs.

3. Machinery of Annual Conference

(a) Annual conference will be held in July each year and at least 21 weeks written notice of the date shall be given to all affiliates.

(b) Advice on preparing motions for annual conference will be dispatched to affiliates during Term 4 of each year and also be contained in the Guide to Delegates.

(c) Motions for discussion at annual conference may be submitted by Council, regional and sub-regional conferences, and affiliates. All such submissions shall be in the hands of the General Secretary at least 13 weeks before the opening of annual conference. The Agenda Committee formed for that purpose will review all motions or any variations or deletions to that motion at least 8 weeks before annual conference. Any motions so submitted and placed on the agenda of annual conference shall be subject to amendment from the floor of conference, provided that such amendment is within the scope of the original motion.

(d) The Council shall prepare an agenda which will include the Annual Report of the Council and of all its committees, all properly submitted motions, and a report setting out the number of organisations known to be eligible to affiliate in each region, and a recommendation concerning changes in the boundaries of the Regions and Sub-regions and their representations on Council. Conference may empower Council to take such action as Council decides is necessary on designated items of unfinished business remaining on the agenda at the end of the conference.

(e) All conference papers/notices/information shall be forwarded to all P&C associations at least two months prior to the conference deadline in order to allow all P&C members ample time to discuss motions for conference. Notices should place more emphasis on encouraging all P&C associations to submit motions and Federation should also explain the motion/conference procedures.

(f) Action Items are to have a maximum life of two years and will be dropped from policy on achievement or after two years, whichever is the lesser time.

(g) The Treasurer's Report, Auditor's Report, Statement of Receipts and Expenditure, and the Balance Sheet will be given in writing to all delegates at Annual conference and to all affiliates within one month of the close of annual conference.

(h) Voting: Only delegates shall be entitled to vote at annual conference. No delegates shall have more than one vote on any question.

4. Election of Officers and Councillors

(a) Subject to this By-Law, the Executive Officers and Councillors shall serve from the close of the Annual Conference at which they are elected to the close of the annual conference in the second year following.

(b) (i) At each annual conference one-half (or as nearly as practicable one half) of the Councillors representing each region or sub-region shall retire but if otherwise qualified shall be eligible for reelection

(ii) The Councillors who retire shall be those elected at the annual conference held two years previously and shall include a Councillor elected to fill a casual vacancy caused by a Councillor elected two years previously having ceased to hold such office.

(iii) No candidate may be elected to more than one position although they may accept nomination for more than one position. The name of any candidate declared elected to any position shall be automatically removed from any and all subsequent ballots.

(c) At least 13 weeks prior to the opening of the annual conference at which the election is to take place the Council shall appoint a Returning Officer who shall receive all nominations, supervise the preparation of all necessary ballot papers, conduct all necessary ballots, rule on all matters of dispute covering the election, supervise the counting of all votes and declare the results of all ballots.

(d) At each annual conference the Returning Officer shall have regard to the number of Councillors which each region or sub-region is entitled to elect and in particular where a region or sub-region is entitled:

(i) to a larger number of Councillors than previously shall determine where necessary which Councillors elected at the Conference shall hold office for two years or one year respectively.

(ii) to a lesser number of Councillors than previously shall determine the number of Councillors to be elected and the term for which each is to hold office.

(e) Where applicable the Returning Officer shall make a determination under By-Law 4 by declaring that Candidates firstly elected shall hold office for the longer term and where equality exists shall make a determination by lot.

(f) Notwithstanding the foregoing the annual conference may by resolution decide any matter which the Returning Officer shall refer to it concerning an election.

(g) Up to four assistant Returning Officers may be appointed by Council to assist in the conduct of the ballot, the number being at the discretion of the Returning Officer.

(h) Nominations signed by a Nominator, Seconder and Nominee all of whom must be delegates shall be handed to the Returning Officer by the end of the second business session of the annual conference.

(i) All positions for which there are more than sufficient candidates shall be decided by a preferential ballot.

(j) Properly certified ballot papers shall be prepared under the supervision of the Returning Officer and subsequently accounted for.

(k) If a ballot is required the names of the candidates shall be listed on the ballot paper in an order determined by lot.

(l) Each delegate attending annual conference shall be issued with one ballot paper for the election of the Executive Officers and one ballot paper, if such is necessary, for the election of Councillors for the region which contains the affiliate he represents.

(m) Delegates shall vote by marking their ballot papers and depositing them in ballot boxes within 30 minutes of the commencement of the Fourth Business Session of Annual Conference.

(n) The counting of the ballots shall be conducted at the place where the annual conference is assembled.

(o) The declaration of each ballot shall include the number of votes cast for each candidate and the names of the candidates who have been elected.

(p) All used numbered ballot papers and result sheets shall be kept by the Executive Officer until the completion of the next election. Any candidate or person authorised by a Candidate may inspect the ballot papers and result sheets at any time convenient to the Executive Officer.

(q) Any appeal against the declared result of any election shall be in writing and signed by not less than five delegates of affiliates. Such appeal shall be addressed to the Returning Officer and shall be lodged with the Executive Officer within one month after the date of the declaration of the result. The appeal will be considered by the Returning Officer, who will rule on the appeal. The decision of the Returning Officer shall be final.

(r) The annual conference or Council may by resolution fill such casual vacancies as may arise. Executive Officers and Councillors so elected shall retire at the Annual Conference at which the original incumbent would have retired.

(s) The office of any officer, executive member, councillor or representative responsible to Federation shall be deemed vacant if:

(i) the incumbent holds any office of profit under the Federation;

(ii) the incumbent dies;

(iii) the incumbent is absent for 3 consecutive meetings of a Council or Executive of which reasonable notice has been given, either personally or in the course of post; unless on leave granted by the Council or Executive, unless before the expiration of 4 weeks after the last of those meetings the incumbent is excused by the Council or Executive for the incumbent's absence from those meetings;

(iv) the incumbent becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act (1958) or a person under detention under Part VII of that Act;

(v) the incumbent while in office is convicted in New South Wales of a felony or misdemeanour which is punishable by imprisonment for 12 months or upwards, or if the incumbent is convicted elsewhere of a felony or misdemeanour that in New South Wales would be so punishable;

(vi) the incumbent resigns membership by writing under the incumbent's hand, addressed to the Council or Executive;

(vii) the incumbent is removed as a member by a two-thirds majority of a meeting of Council of which due notice has been given to all members.

5. Meetings of the Council

(a) Meetings of the Council shall be held at least quarterly.

(b) Additional meetings of the Council may be called by the President or at the request of one-third of the members of the Council, or not less than thirty 30 affiliates.

(c) At meetings of the Council, a number of Councillors and Officers equal to 25 per cent of the total number of elected Councillors and Officers shall form a quorum.

(d) Notice of meetings shall be sent to all Councillors by letter or telegram seven clear days before such meetings.

(e) Any correspondence addressed to Federation shall be available to the next meeting of Council or Executive.

6. Executive

(a) The Executive shall comprise the elected Office Bearers plus 10 Councillors.

(b) Meetings of the Executive shall be held at the direction of Council or of the President, or upon application in writing by five members of the Executive.

(d) In the event of a quorum not being present, the meeting shall be adjourned for not more than 14 days and new notices shall be sent to all members with advice of the lack of a quorum.

7. Regional and Sub-Regional Councils

(a) Federation Council may establish regional or sub-regional councils for the purpose (inter-alia) of:

(i) Conferring with the Assistant Director-General, Region, on all matters pertaining to schools in the Region and on education generally.

(ii) Organising regional or sub-regional Conferences.

(b) Regional or sub-regional councils shall be constituted by the following:

(i) The councillors for the region concerned; and

(ii) Such other persons or representatives of groups as Council may approve, upon the recommendations of the regional councillors.

(c) As soon as practicable after the establishment of a regional council, but in any case no later than 14 days after the first annual general meeting of such regional council, it shall forward to the Executive Officer of Federation its rules for ratification, and in no case shall such rules be deemed to operate until specifically approved by Council.

(d) Such rules shall conform to whatever set of rules for regional councils as Council may from time to time adopt, with the proviso that, should a regional council wish to adopt rules that are at variance with the Model Rules for regional councils, it shall submit such amended rules with supporting argument for the consideration of Council.

8. Regional Conference

(a) A regional conference may be held at any time. Regions may combine to hold a joint regional conference.

(b) A regional conference shall be constituted by the councillors representing the region and delegates from all affiliates within the region.

(c) The regional conference shall confer for the purpose of exchanging information on, and discussion of, Federation's aims and objects, and for the foundation of recommendations to annual conference.

(d) The date, time and place of a regional conference shall be set when required by the regional councillors or organisers. Eight weeks' notice of date, time and place shall be given to all affiliates located in the region.

(e) The councillors in each region shall act as the Agenda Committee for regional conference to prepare an agenda which shall include all properly submitted items except those which are duplicated in meaning. A copy of this agenda shall be sent to each affiliate to be in their hands not less than four weeks before the start of the regional conference.

(f) Any affiliate located in the region may submit, in writing to the Agenda Committee, a motion or matter for discussion at the regional conference. Any such submission shall be sent to the Agenda Committee so that it will be in its hands not less than six weeks before the start of the regional conference.

9. Minutes of Annual Conference, Regional Conferences, Council, Council and Executive and Executive Meetings.

(a) The Executive Officer shall keep full and accurate records of the proceedings of all annual conferences and of all council and executive meetings.

(b) Minutes shall be available for inspection at the office of the Federation by any member of any affiliate who has the written authority of the Secretary of the affiliate to seek such inspection. The minutes of annual conference shall be received and adopted at the second meeting of Council following annual conference

(c) Resolutions of annual conference shall be notified in writing to all Executive Officers, councillors and affiliates as soon as possible after each Conference.

(d) Minutes of council and executive meetings shall be sent to all Executive Officers and Councillors, to such life members as signify their desire to receive same, and to all affiliates requesting them in writing, as soon as possible after each meeting.

10. Finance

(a) The financial year of Federation shall be from June 1 to May 31 the following year.

(b) The funds of the Federation shall be paid into a banking account in the name of the Federation, at a bank selected by the Council, within seven days of receipt, and cheques shall be drawn for all expenditure.

(c) The account shall be operated on by any two of the following officers: President, Senior Vice-President, Executive Officer, Treasurer and a member of the Executive to be nominated by Executive.

(d) All accounts shall be presented to the Executive or Council. Payment for all accounts, if approved by Executive or Council, shall be endorsed at each meeting. A statement of receipts and payments shall be presented to each meeting of the Council.

11. Functions and Duties of Executive Officers

(a) President

(i) To preside at annual conference, Council and Executive meetings. The President shall have the right to chair or delegate the chairmanship of all such meetings or parts thereof.

(ii) To be, ex officio, a member of all committees of the Federation.

(iii) To be responsible for all approaches from the Federation to any Minister of the Government of NSW or of the Australian Government, or to the Head of any department of either government.

(iv) To be responsible for the publication of all statements on behalf of the Federation

(v) To be the officer of the Federation to sue on behalf of the Federation.

(vi) To act for the Council between Executive meetings.

(vii) To appoint when necessary an Acting Executive Officer or an Acting Treasurer to hold such position until the appointment is ratified at the succeeding Council or Executive meeting.

(b) Senior Vice-President

(i) To be responsible to the Council for the efficient functioning of committees with the exception of the Executive.

(ii) To be, ex officio, a member of all committees of the Federation.

(iii) To be the primary person to liaise with regional and sub-regional councils.

(iv) Generally to assist the President.

(v) To carry out such duties as the President may so delegate.

(vi) In the case of incapacity, prolonged absence or resignation of the President, to carry out all the duties of the President until a new President is elected.

(c) Vice-Presidents

(i) To carry out such duties as the President delegates to them.

(ii) To deputise for the President when the Senior Vice- President is unable to.

(d) Treasurer

(i) To be responsible for all monies belonging to the Federation.

(ii) To ensure that all necessary books of accounts, vouchers and accounts are maintained so as to maintain a full and accurate record of the financial affairs of the Federation. To be prepared to give an accurate statement of the Federation's current financial status to all meetings of Council and Executive.

(e) Publicity Officer

(i) To be responsible in collaboration with the President and, where appropriate, the Executive Officer, for publishing all properly authorised statements on behalf of the Federation in such a way as to further the aims and objects of the Federation.

(ii) To be responsible for all media releases on behalf of the Federation.

(iii) To contact all sections of the media generally in relation to press releases and all properly authorised statements on behalf of Federation.

(iv) To convene and be responsible for the efficient functioning of the Publicity and Publications Committee.

12. Appointment and Responsibility of the Executive Officer.

(a) The Council shall appoint and employ an Executive Officer or an Administrative Officer, or an Executive Officer, or an Executive Director to carry out those duties specified in this constitution and by-laws, and other such duties as it deems necessary for the proper running of the Federation.

(b) The person employed shall be responsible to the President for the performance of these duties.

(d) The person employed shall be responsible for the efficient functioning of Federation's administration including the employment and training of staff and purchasing of all necessary equipment within the limits of funds allocated by the Council.

(e) The person employed may be authorised by a majority of office-bearers to make public statements on behalf of Federation when the President, the Senior Vice –President and the Publicity Officer cannot be contacted.

(f) The person employed is to be the Returning Officer at Council and in that person's absence Council is to elect a Returning Officer.

13. Alteration of By-laws

(a) These by-laws may be amended only by the decision of annual conference voting on a motion of their amendment of which at least six weeks notice has been given to each affiliate.

(b) Such amendment shall take effect from the time of adoption, except where the amendment itself prescribes a time at which the amendment shall come into effect. This amendment shall itself come into effect immediately upon its adoption.