Association of Marist Schools of Australia

Constitution

1. Name

The name of the Association is the Association of the Marist Schools of Australia ("AMSA").

2. Terminology

In the interpretation of this Constitution unless inconsistent -

"AMSA" means the Association of the Marist Schools of Australia;

"Biennial Conference" means the conference of AMSA members held every two years in accordance with this Constitution;

"Chair" means the person who for the time being has been duly elected as Chair of the Standing Committee;

"Church" means the Roman Catholic Church;

"Marist" means the apostolic spirituality that was introduced into the Church through the Society of Mary and has since been developed and shared by members of the various Marist religious institutes and their lay colleagues and associates;

"Marist Brothers" means the Marist Brothers of the Schools, a religious institute of the Church;

"Marist Fathers" means the Society of Mary, a religious institute of the Church;

"Marist Sisters" means the Congregation of Mary, a religious institute of the Church;

"Member School" means a school that has been admitted for membership of AMSA in accordance with the provisions of this Constitution and is represented by the Principal of the school or by the Principal's nominee. "Member" shall have a corresponding meaning;

"Principal" means the Principal for the time being of any Member School or in the Principal's absence the Acting Principal of the Member School;

"Province" means an Australian Province so called of one of the Marist Brothers, Marist Fathers or Marist Sisters;

"Provincial" means the duly appointed person so called of one of the Provinces of the Marist Brothers, Marist Fathers or Marist Sisters.

"Provincial Council" means the duly elected persons so called of one of the Provinces of the Marist Brothers, Marist Fathers or Marist Sisters.

"The Secretary" means the person who has been appointed by the Standing Committee as its secretary for the time being;

"Standing Committee" means the Standing Committee of AMSA for the time being as provided for in this Constitution;

"Trustees" means the Trustees of the Marist Brothers ARBN 064 875 510 a body corporate pursuant to the provisions of the Roman Catholic Church Communities' Lands Act 1942 or such other corporate entity as the Provincials shall appoint.

The headings in this Constitution are for convenience and shall not affect the construction of its provisions.

3. Aim of AMSA

3.1

The aim of AMSA is to associate like-minded schools so that they may more effectively promote the Gospel of Jesus Christ through school education and in the Marist way. AMSA seeks to be one contemporary realisation of the aspirations of the first Marists who pledged themselves to form a Marist society at the shrine of Notre Dame de Fourviere, France, on 23rd July 1816.

4. Objects of AMSA

In pursuit of this aim, AMSA has these objectives:

4.1		To provide a forum for member schools;

4.2		To be a means of mutual support and enrichment for the Principals and other members of staff in member schools in their development of Marist education;

4.3		To promote among member schools a sense of collective identity as Marist;

4.4		To be a focus for the organisation of shared programs and activities among the schools;

4.5		To provide resources, advice, professional development, conferences, and other means to assist Principals and members of staff fulfil their responsibilities as Marist educators;

4.6		To help member schools enrich their respective dioceses and the Australian Church as a whole with the distinctive contributions of Marist spirituality and mission;

4.7		To help bring a Marist voice to conversation and debate about relevant issues in the public forum;

4.8		To develop and to maintain links with Marist schools and organisations in other countries.

5. Mandate

5.1		AMSA is a legitimate expression of the mission of each of the religious institutes of the Marist Brothers, Marist Fathers and Marist Sisters. The Provincials of these religious institutes whose jurisdiction includes Australia provide AMSA with its mandate to exist and to share in the work of the Church.

5.2		The Provincials shall meet as often as necessary for the following purposes and in such manner as they agree between themselves provided that any decision of the Provincials must be supported by not fewer than one of the Provincials of a Marist Brothers Province. These Provincials, acting as a college, have the following authority:

5.2.1		The right to amend or vary this Constitution at any time;

5.2.2		The right to appoint up to three members of the Standing Committee;

5.2.3		The right to terminate the office of any Member of the Standing Committee;

5.2.4		The right to ratify or not to ratify the AMSA membership of any school;
5.2.5		The right to conduct a review of the Association;

5.2.6		The right to receive all publications of AMSA and to attend any of its official activities;

5.2.7		The absolute right to dissolve the Association or to suspend its activities.

5.3		In accepting its mandate from the Provincials, AMSA has these responsibilities:

5.3.1		The responsibility to ensure that AMSA's actions, publications and other undertakings do not conflict with the mission of the Marist religious institutes as they continue to evolve;

5.3.2		The responsibility to promote Marist spirituality and to develop Marist educational approaches among its members and more broadly in Church and society;

5.3.3		The responsibility to develop effective means of liaison with the Provincials.

6. Membership

6.1		Membership of AMSA is institutional not personal.

6.2		There is only one category of membership.

6.3		An Australian Catholic school is eligible for membership if it satisfies at least one of these requirements:

6.3.1		The school is owned and administered by the Marist Brothers, Marist Fathers or Marist Sisters:

6.3.2		The school has been entrusted to the Marist Brothers, Marist Fathers or Marist Sisters to administer on behalf of a diocese, parish or other canonical entity;

6.3.3		The school was at one time either administered or owned by the Marist Brothers, Marist Fathers or Marist Sisters and its present canonical and civil administrators wish to continue to identify the school as Marist in its approach to Catholic education;

6.3.4		The school has demonstrated to the satisfaction of the Standing Committee that its identity is Marist and that the parties responsible for its canonical and civil administration are supportive of its application for membership.

6.4		An Australian Catholic school can become a member of AMSA through one of these means:

6.4.1		By right of its ownership and administration by the Marist Brothers, Marist Fathers or Marist Sisters;

6.4.2		By right of its canonical entrustment to the Marist Brothers, Marist Fathers or Marist Sisters;

6.4.3		By its being a foundation member of AMSA so listed in the Schedule to this Constitution.

6.4.4		By its acceptance for membership by securing two-thirds of a deliberative vote of the Standing Committee.

6.5		A member school, other than one owned by or entrusted to the Marist Brothers, Marist Fathers or Marist Sisters, may be suspended or excluded from the Association if, in the opinion of the Standing Committee, that school has not fulfilled the obligations of membership or has brought the name of AMSA into disrepute or has seriously compromised the aim of AMSA by its action or inaction.

6.5.1		Suspension and exclusion from membership are extreme measures.

6.5.2		Suspension and exclusion require a two-thirds majority of the Standing Committee and the ratification of the Provincials.

6.5.3		Suspension will be for a period not less than three years and not greater than ten years after which time a school would require a two-thirds majority vote of the Standing Committee for re-admission or failing such a vote be automatically excluded. Such a school may reapply for membership, according to the provisions of 6.3.3 or 6.3.4 after a further period of not less than two years has elapsed.

7. Benefits & obligations of membership

7.1		By benefit of its membership a school has these entitlements:

7.1.1		The right to describe itself as a Marist school;

7.1.2		The right to use the nomenclature "A Member of the Association of Marist Schools of Australia" on its stationery, signage, advertising, and in school publications;

7.1.3		Access to the full range of services and resources, both material and personal, which may be offered by the Association;

7.1.4		The right of its Principal or the Principal's nominee(s) to attend and participate in any conferences, meetings, professional development programs, or other activities organised by the Association;

7.1.5		The right of the Principal or the Principal's nominee to seek election to the Standing Committee.

7.2		By reason of its membership a school, through its Principal, has these obligations:

7.2.1		The acceptance of the provisions of this Constitution;

7.2.2		The responsibility to work actively toward the achievement of the aim of AMSA by an explicit development of Marist spirituality and Marist educational practices among members of the school community;

7.2.3		The responsibility to develop and to maintain its identity as a Marist school and to promote the Marist way of the Gospel in the various ecclesial and secular forums in which the school may be involved;

7.2.4		The obligation to participate in the life of the Association by attendance at conferences and meetings, support of inter-school and professional development programs, subscription to journals of the Association; and participation in other activities which the Association may organise or sponsor;

7.2.5		The obligation to pay all membership dues which may be determined by Standing Committee from time to time.

8. Activities of AMSA

8.1		It is the responsibility of the Standing Committee to ensure that a range of activities and programs is organised that promote the Aim and Objects of the Association. These will at least include:

8.1.1		A biennial conference of the Association at which the Principals of member schools shall attend and such other members of the schools as from time to time may be determined;

8.1.2		A journal of the Association to be published at least twice per year;

8.1.3		Appropriate professional development programs to enhance Marist spirituality and mission in member schools;

8.1.4		Effective inter-school contacts and cooperative projects;

8.2		A sufficient time will be set aside at the AMSA's biennial conference for a General Meeting of the Association. This Meeting will be governed by these provisions:

8.2.1		Such notice as the Standing Committee may deem appropriate shall be given by the Chair to all members specifying the place, day and hour of the Meeting.

8.2.2		No business shall be transacted at the Meeting unless a quorum of two thirds of all Members is present;

8.2.3		If a quorum is not present one hour after the appointed time for the commencement of the Meeting the meeting shall stand adjourned until a place, day and hour specified by the Chair;

8.2.4		A Member School shall be represented by its Principal or if the Principal cannot attend by a senior member of that School's staff delegated by the Principal;

8.2.5		A resolution put to a vote at the Meeting shall be decided on a show of hands unless a secret ballot is demanded by:

		8.2.5.1 the Chair, or

		8.2.5.2 at least ten percent of the Members present;

8.2.6		If a secret ballot is demanded it shall take place in such a manner as the Chair decides;

8.2.7		In the case of an equality of votes the resolution will be declared lost;

8.2.8		After a vote or secret ballot the Chair will declare a resolution carried by a particular majority, or carried unanimously, or lost, and an entry to that effect be recorded in the minutes of the Meeting.

8.3		The Standing Committee may convene an Extraordinary General Meeting of the Association outside of the Biennial Conference and conduct it according to the provisions of 8.2 as long as not less than a period of three months' notice is given by the Chair.

8.4		The Standing Committee may also determine to hold an Extraordinary General Meeting of the Association using postal, telephonic or electronic means.

8.4.1		The notice provisions of 8.3 shall not apply.

8.4.2		Such an action may be decided upon if an immediate indication of Members' opinion be deemed necessary.

8.4.3		Any resolution of such a Meeting shall be deemed carried if it has the support of a majority of at least two thirds of all the Members.

8.4.4		A resolution carried in this manner may not change the provisions of this Constitution.

8.5		The Standing Committee may decide to delay a biennial conference for up to twelve months after it has consulted Member Schools and gained a majority of votes in support of the proposal.

9. Standing Committee

9.1		The affairs of AMSA shall be administered by a Standing Committee which:

9.1.1		Shall control and manage the business and assets of AMSA;

9.1.2		May, subject to this Constitution, exercise all such powers as may be exercised by AMSA other than those powers and functions which are reserved to the Provincials or to a General Meeting of AMSA.

9.2		The members of the Standing Committee shall be:

9.2.1		The Chair

9.2.2		Seven elected persons nominated by Member Schools

9.2.3		Up to three persons appointed by the Provincials

9.3		The Chair and each elected member of the Standing Committee shall be elected at the General Meeting of members held during the Biennial Conference and shall hold office until the next such General Meeting.

9.4		The election process for the Chair shall be completed first and followed by the election of the other members of the Standing Committee, according to the provisions described in paragraphs 9.9 to 9.12 of this Constitution.

9.5		The elected members of the Standing Committee assume office following their election and their ratification by the Provincials and hold office for two years or until the next Standing Committee has been elected and ratified.

9.6		The Chair of the Standing Committee may be re-elected for continuous terms only once; all other members shall be eligible for re-election.

9.7		Once a person has completed two continuous terms as Chair, that person may not seek election to the Standing Committee for two years.

9.8		The Standing Committee shall elect one of its number as Treasurer of AMSA and may determine the period for which he or she is to hold office.

9.9		In the event of a casual vacancy in any office of the Standing Committee, the Standing Committee shall invite nominations from Member Schools and shall elect one of these nominees; such an appointee shall stay in office until the next election for the Standing Committee.

9.10		A nomination for an elected position on the Standing Committee must be

9.10.1		Made by a Principal of a Member School;

9.10.2		Made in writing in a form approved from time to time by the Standing Committee and accompanied by the written consent of the nominee and, if the nominee is not a Principal, the consent of the Principal of the nominee's school;

9.10.3		Delivered to the returning officer no later than three hours before the scheduled time of the General Meeting

9.11		A nominee for an elected position on the Standing Committee must satisfy one to these requirements:

9.11.1		Be a Principal of a Member School;

9.11.2		Be in a senior executive position in a Member School.

9.12		As long as the conditions of 9.11 are met, if the number of nominations received is equal to the number of vacancies to be filled the persons nominated shall deem to be elected; otherwise a secret ballot shall be held.

9.13		The method of conducting a ballot shall be determined by the outgoing Standing Committee but the following conditions must be met:

9.13.1		Only one person from a Member School may be elected;

9.13.2		The Chair and at least four of the seven elected members of the Standing Committee shall be Principals;

9.13.3		No more than three elected members, excluding the Chair, may come from any single State or Territory of the Commonwealth.

9.14		For the purposes of this Constitution, the position of a member of the Standing Committee becomes vacant if the member:

9.14.1		Dies;

9.14.2		Leaves the Member School that appeared in that member's nomination to the Standing Committee;

9.14.3		Resigns from the Standing Committee.

9.15		Meetings of the Standing Committee shall be held at least twice per year and at such a place and time as the Chair may determine.

9.16		The Standing Committee may choose to hold a meeting of its members through the assistance of telephonic and electronic media if its members are not able to be present in the one place.

9.17		Notice shall be given to all members of the Standing Committee of any meeting, specifying the general nature of the business to be transacted.

9.18		Any seven members shall constitute a quorum of the Standing Committee. If there is not a quorum within one hour of the appointed starting time the meeting shall stand adjourned until such place, time and date as that meeting may determine.

9.19		Within the provisions of this Constitution, the Standing Committee shall determine its own methods for conducting its meetings.

9.20		The Standing Committee may from time to time appoint Committees of AMSA and may delegate thereto such business or matters as the Standing Committee sees fit.

10. Secretariat

10.1		The Standing Committee may engage a person or persons as it may determine from time to time to carry out administrative and executive functions on behalf of the Standing Committee or to assist it in any way it sees fit to achieve the aim and objects of the Association.

10.2		The Standing Committee may assign to such person or persons whatever resources and duties it may from time to time determine.

10.3		In making any determinations according to clauses 10.1 and 10.2 the Standing Committee is obliged to consult with the Provincials and to require any person or persons so engaged by the Standing Committee to work in a collaborative and cooperative way with any other persons appointed by the Provincials to administer and support Marist schools.

10.4		The Standing Committee shall appoint a Secretary of AMSA and shall determine the duties and length of appointment for the Secretary.

11. Audit

11.1		A suitably qualified auditor shall be appointed by the Standing Committee for a period of twelve months at a time.

11.2		A retiring auditor may be reappointed.

11.3		The auditor shall audit the Statement of Accounts prepared by the Secretary and shall perform such other duties that may be allocated to the auditor from time to time.

12. Trustees

12.1

The real, personal and intellectual property and assets of AMSA shall be vested in the Trustees. Subject to this Constitution the Trustees shall deal with the property and assets of AMSA in accordance with resolutions of the Standing Committee.

13. Notice

13.1

Any notice required under this Constitution to be given to any Member School shall be given either personally or by sending it by post or by electronic means to that Member School at the most recently published postal or e mail address for that Member School or at some other address the Member School has provided for the receipt of notices.When a notice has been given by post, service of the notice shall be deemed to have been effected by properly addressing, pre-paying and posting a letter containing the notice, and to have been effected on the third day after the date of posting. When a notice has been transmitted electronically, service of the notice shall be deemed to have been effected by the electronic record of successful dispatch, and to have been effected one day after transmission.

14. Alterations to this Constitution

14.1		A proposal to alter this Constitution may be made by the Principal of any Member School if such a proposal is supported in writing by two other Principals of Member Schools.

14.2		Any such proposal must be notified in writing to the Chair no later than forty-two days before a General Meeting and the Chair must notify all Member Schools no later than twenty-eight days before a General Meeting.

14.3		A three-quarters majority of Member Schools present at a duly convened General Meeting may dispense with the requirement of Clause 14.2.

14.4		The Constitution is altered by:

14.4.1		A two-thirds majority of Member Schools at a duly convened General Meeting ; and

14.4.2		The ratification of the Provincials.

Association of Marist Schools of Australia

Navigation

Constitution