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CONSTITUTION

20 September 2013 CONSTITUTION OF THE DEAKIN COMMERCE STUDENTS' SOCIETY

1. Club Name

1.1 The full name of this incorporated association is “Deakin Commerce Students’

Society Incorporated”, known in short as the Commerce Society or DCSS (in this Constitution “the Society”).

2. Definitions

1.2 Any reference in this Constitution to “Deakin” or “Deakin University” is a reference

to the Waterfront campus at 1 Gheringhap Street Geelong, Victoria, Australia 3220.

1.3 Any reference to the Executive in this Constitution refers to the elected President,

Secretary and Treasurer, or a person in a caretaker role of such positions.

1.4 Any reference to a Non-Executive member in this Constitution refers to any elected

member of the Society other than a person elected to an Executive position.

1.5 Any reference to the Committee in this Constitution refers to the elected or

appointed Executive and Non-Executive members jointly.

2. Objectives & Purpose

2.1 The Society shall be a not-for-profit organisation.

2.2 The Society may only use its income, assets and profit for its purpose.

2.3 The Society may not distribute any profit, income or assets directly or indirectly to

its members.

2.4 The purpose of the Society is to advance and represent the interests of all

Commerce students of Deakin University by:

(a)

Promoting academic interests;

(b)

Promoting career interests;

(c)

Promoting intellectual and social interaction between students and The Faculty of

Business and Law;

(d) Addressing all reasonable student concerns with faculty staff members, DUSA, or

any other person(s) or body;

(e) Liaising with Deakin Students, the Deakin University Student Association (DUSA),

and any other student bodies or associations and to keep these persons or bodies informed and involved in the concern of commerce students and developments within the School of Accounting, Economics and Finance, School of Information and Business Analytics, and the School of Management

and Marketing.

2.5 Subject to, and without limiting the objectives outlined in 2.4 above, the Society will

pursue its objectives through:

2.5.1 An Annual Ball;

2.5.2 A Graduate Careers Fair;

2.5.3 A Summer Vacation Internship Fair;

2.5.4 Any other social or careers events that the elected Committee decides and

implements into the ‘DCSS Social and Careers Events Rules.

3. Affiliation to DUSA

3.1 The Society is affiliated to the Deakin University Student Association Incorporated

(in this Constitution “DUSA”).

3.2 It is a condition of affiliation that the Society and its members must comply with all

directions given by DUSA, the Clubs Manual and the Club’s Constitution.

3.3 The Society must, as far as practicable, include the DUSA logo in the size

specifications outlined by DUSA in the Clubs Manual and an acknowledgement of DUSA support in all

material produced by the club.

3.4 The Society will abide by all non-election policies and regulations of DUSA as binding

decisions.

3.5

The Society will provide a lower price for membership of the Society for DUSA

members and should, where feasible, provide different prices for all activities, products, services and events for non-DUSA members and DUSA members.

3.6 It is a condition of affiliation to DUSA that the Society has at least 10 current

financial members in accordance with DUSA rules and regulations.

3.7 A special majority may vote to actively or passively endorse a candidate or group of

candidates running for any position as a DUSA officeholder, including but not limited to the following

positions:

a) Student Representative;

b) any Campus SubCommittee;

c) the Executive SubCommittee

d) the Committee of Management.

3.7.1 A candidate or group of candidates may be endorsed in the following situations:

a) When they are running on behalf of the Society; and/or

b) When they are running on behalf of a recognised political party; and/or

c) When they are running on behalf of themselves; and/or

d) When they are running on behalf of any other person or any other group or

for any reason not otherwise stated by this Constitution.

3.7.2 It does not matter for what cause or reason the candidate or group of candidates

endorsed are running.

3.7.3 The Committee shall only endorse a candidate or group of candidates if they believe

that it is in the best interests of all members of the Society.

4.

Membership

4.1 The Secretary must keep a register of members, which shows the date on which

each member last paid their membership fee (if applicable).

4.2 Club membership is valid for the current calendar year only.

4.3 Members may resign in writing to the club Secretary.

4.4 The Secretary and DUSA must make copies of this Constitution freely available to

members on request.

Student Members

4.5 Subject to the Constitution, regardless of a full membership, all students enrolled in

and undertaking units that contribute to a Bachelor of Commerce or any other course offered by the School of Accounting, Economics of Finance or School of Management and Marketing at Deakin University shall be deemed to be a Student Member of the Society.

4.6 Student Members have the right to:

(a)

Utilise the advocacy services of the Society;

(b)

Attend the Society’s Annual General Meeting.

Full Membership

4.7 Subject to this Constitution, Full Membership to the Society is open to people who

are meet one or more of the following criteria (an ‘eligible person’):

Campus;

(a)

(b)

(c)

All Deakin University students enrolled at the Waterfront or Waurn Ponds

All staff members of the Faculty of Business and Law of Deakin University;

All businesses who sponsor the Society with a monetary donation or who

provide members of the Society with benefits at their place of business;

(d)

Any past Deakin University student;

(e)

Any person declared to be a “Life Member” in accordance with this

Chapter.

4.8 Full Membership to the Society is open to all eligible persons, upon paying the

membership fee set by the Society.

4.8.1 Sponsors of the Society (under rule 4.3(c)) are not required to pay the annual

membership fee in the year that they sponsor the Society.

Full Members

4.9 A Full Member is an eligible person (see Chapter 4.7) who pays for a membership in

accordance with Chapter 4.8 unless any exception under this Constitution applies. They inclusively have the right to:

 

a)

Utilise all benefits available to student members;

b)

Participate (vote) in Society elections;

c)

Stand for a position on the Committee in Society elections;

d)

Receive any applicable discounts on any Society products, services or

events;

 

e)

Receive and utilise the Society membership card and benefits;

f)

Be a team member of any and all sporting teams that carry the name of the

Society.

Life Membership

4.10 Life Membership may be conferred upon any individual in appreciation of their

outstanding service to the Society in the year that they are an outgoing student at Deakin University or in any subsequent year in accordance with the ‘DCSS Life Membership Rules’:

; a)

Membership Rules’.

4.11 A recipient of Life Membership is afforded the inclusive rights of an eligible person

who pays for a membership.

Outstanding service to the Society has the meaning in the ‘DCSS Life

4.12 Life Membership is awarded pursuant to the following procedure:

a) Potential Life Members (in this chapter, a “nominee”) are nominated for

the position by any Full Member of the Society;

b) The Committee of the Society votes on whether or not Life Membership

should be awarded to that nominee:

i) A nominee is awarded Life Membership if more than 50% of the

Committee and two thirds of the Executive agree that it should be awarded as such;

ii) If there is a tie, the vote of the President is worth two votes

instead of one to ensure a decision is reached, unless two thirds of the Executive already voted that the nominee should not be awarded Life Membership status, in which case the nominee will be rejected;

iii) A nominee who has been rejected may be nominated in future

years without prejudice.

4.13 Life Members are acknowledged at an Annual General Meeting of any year.

4.14 Life Members are afforded a permanent Full Membership to the Society and not

required to pay any annual membership fee as otherwise required by this Chapter to receive their Full Member benefits.

4.15 Life Members are awarded a framed certificate to privately recognise their

contributions to student life.

4.16 Life Members receive a discount of 50% on all future social events and free entry to

any careers events run by the Society as thanks for their contribution.

5. Meetings

Committee Meetings

5.1 Committee Meetings of the Society must be held on a regular basis (excluding non-

teaching periods but including Trimester 3 at Deakin) as determined by the Executive.

5.2 The Secretary shall give notice to the Committee at least five academic days in

advance, notifying Committee members of the time, date and location of the meeting.

5.3 Agenda items must be handed to the Secretary (in writing) at least one academic

day before the meeting. With the consent of one-third of voting members present at the meeting, items can be raised without notice.

5.4 The Quorum for Committee meetings is 5 Committee members, at least two of

which must be within the Executive.

General Meetings

5.5 General Meetings of the Society may be held from time to time as determined by

the Executive of the Society.

5.6 Notice of the meeting shall be issued at least five academic days in advance.

5.7 Agenda items must be handed to the Secretary (in writing) at least one academic

day before the meeting. With the consent of one-third of voting members present at the meeting,

items can be raised without notice.

Special General Meetings

5.8 A Special General Meeting of the Society shall be held:

(a)

On the request of a simple majority of the Committee; or

(b)

On the request, in writing, of no less than 10% of the Society’s Full

Members.

5.9 A request for a Special General Meeting shall be handed to the Secretary in writing,

outlining the reasons for the request, and the Secretary must call the meeting within twenty-one days

of the request.

5.10 At the Special General Meeting, the only issues to be discussed are those that

require a special resolution as required by the Associations Incorporation Reform Act 2012.

5.11 The date, time, location and matters to be discussed at the Special General Meeting

must be reasonably available and accessible to members of the Society.

5.12 A Special General Meeting is a meeting of the Committee only. Full Members may

make oral and written submissions to be heard at a Special General Meeting.

Annual General Meeting

5.12 The Annual General Meeting of the Society shall be conducted under the rules of

this Constitution and of the ‘DCSS Annual General Meeting Rules’.

5.13 The Annual General Meeting of the Society shall be held during the second

Trimester of each year, no more than five weeks before the 1 st of November.

5.13 The President is entitled to chair General Meetings. If the President is not present,

or does not wish to chair the meeting, the Secretary is entitled to chair. If neither the President nor the Secretary is present, or if neither wishes to chair the meeting, the meeting must elect a Vice-

President to chair the meeting by a simple majority.

5.14 The Executive should choose a former Executive member of the Society to be

Returning Officer if one is available.

5.14.1 The Returning Officer is charged with:

(a)

Running the election of new Committee members;

(b)

Counting the votes;

(c)

Ensuring any votes counted are by Full Members; and

(d)

Ensuring the election is conducted impartially and without prejudice to any

applicant.

5.14.2 The Returning Officer does not receive any remuneration.

5.14.3 If no former Executive member of the Society is available to be Returning Officer,

the Executive should choose somebody at their discretion who is considered to be impartial and competent.

5.15

At a General Meeting, each member present has one vote.

5.15.1

Each vote can be performed in person or sent by proxy. All proxy votes must be

signed, dated and shall include the student identification number and year level of the Full Member.

5.15.2 A proxy vote may only be admitted if it is signed, dated and containing the Student’s

name and identification number and only in one of the following circumstances:

(a)

academic year; or

(b)

granted by the Secretary.

It is a vote by an absent Committee member of the Society in the current

If an application for a proxy vote made to the Secretary of the Society is

5.15.3 Proxy votes must be handed to the President or Secretary, or emailed to the

Society.

(a)

To elect a new Committee for the forthcoming year;

(b)

To issue the Society’s financial records for the past twelve months;

(c)

To hear reports from each portfolio and the outgoing President;

(d)

To deal with such other matters as the Society deems appropriate;

(e)

To hear any resolution movements from Full Members;

(i) Full Members wishing to move any resolution at the Annual

General Meeting must hand the resolution to the Secretary in writing five academic

days before the Annual General Meeting.

5.17 Minutes of the meeting are to be taken by the Secretary of the Society, or any

member of the Committee to which the Secretary delegates his or her role.

5.18 Only General Meetings may make club rules (as referred to in this Constitution),

whether or not it is the Annual General Meeting.

5.19 Any elected persons at a General Meeting begin their term in office at the time

advertised when election nominations begin to be accepted.

5.20 The quorum for all General, Special General or Annual General Meetings shall be

the lesser of 10 people or 10% of all Society Full Members.

6. Election and Term of Office of Executive

6.1 Executive members may serve an unlimited number of terms.

6.2 All Executive positions must be elected by secret ballot at the AGM unless

uncontested.

6.3 Any elected persons at a General Meeting begin their term in office at the time

advertised when election nominations begin to be accepted.

6.4 Executive members cease to hold office if:

(a) they resign by writing to the Secretary (or, in the case of the Secretary, to the

President); or

(b) they are removed by a resolution of no confidence passed by a three-quarters

majority of members present and voting at a General Meeting; or

(c)

they cease their enrolment as a Deakin University student; or

(d)

they are not re-elected to that office at the Annual General Meeting.

6.5

The Executive may fill no more than three single vacancies in its Committee

throughout their tenure. If there are more than 3 vacancies, the Executive must convene a General

Meeting to fill the vacancies by secret ballot.

7. Duties of Executive

7.1 The duties of the President include:

(a)

to co-ordinate club activities;

(b)

to be the chief spokesperson for the club; and

(c)

to chair general and Executive meetings.

7.2 The duties of the Treasurer include:

(a)

to record all income received and payments made by the club;

(b)

to keep a register of all assets held by the club;

(c)

to prepare an annual budget for the club;

(d)

to present a financial report to each Executive meeting;

(e)

to present a financial report to the AGM for:

(i)

the last financial year, and

(ii)

the period since the end of the last financial year; and

(f)

to keep the financial records of the club.

(g)

to be listed as the Public Officer for the Society

(i) To comply with all requirements of the Department of Justice

associated with being an incorporated association.

7.3 The duties of the Secretary include:

(a)

to keep the register of members;

(b)

to arrange general and Executive meetings;

(c)

to take minutes of all general and Executive meetings;

(d)

to be responsible for the inward and outward correspondence of the club,

including regularly checking the club pigeon-hole in the Business & Law offices;

(e)

to keep the records of the club (other than its financial records);

(f)

to take on the role of President as necessary in the temporary absence of

the President; and

(g) to maintain the list of life members, including contact phone number,

email address and postal address.

7.4 In the absence of an Executive member, the President will undertake the

duties of that absent Executive member upon himself or herself.

8. The Committee

8.1 As well as the Executive, the Society shall also have a Non-Executive Committee,

detailed in Chapters 8.2 and 8.3. The Executive and the Non-Executive Committee will collectively be

known as ‘The Committee.

8.2 The Non-Executive Committee shall comprise an elected Vice-President (Functions),

Vice- President (Careers), Vice-President (Marketing and Publications) and Vice-President (Community and Sports) as well as any other portfolio which can be declared at the discretion of the President and approved by a simple majority at a General Meeting.

8.3 The Non-Executive Committee shall also comprise of directorial positions for each

portfolio (eg, ‘Director of Functions’). These directorial positions are awarded as in Chapter 10.5.

8.4 Only students who are Full Members for the entire previous term are eligible to

apply for a position on the Non-Executive Committee. 8.5 Any election of Non-Executive Committee members is to be done by secret ballot at the AGM unless the position is uncontested.

8.6 Directorial positions can be:

a) appointed at the discretion of the President, Secretary and relevant

portfolio Vice President; and/or

(b) awarded as a result of winning election at the AGM in accordance with

Chapter 8.5.

8.7

The amount of Directors for a portfolio may not exceed the number declared to be

open for appointment/election at the time election nominations for the future Committee close

unless:

(a) Reasonable cause for an extra position can be shown by the relevant Vice-

President or Executive member wishing to award or appoint directorial position to any applicant; and

(b)

the applicant has the relevant credentials for the role; and

(c)

a two-thirds majority of the Committee including two-thirds of the

Executive approves the awarding or appointment;

8.8 The position of ‘First Year Representative’ will be elected upon application to the

Committee and executive in the first half of Trimester 1.

8.8.1 The First Year Representative(s) will not be considered as Non-Executive Committee

of the Society for the purpose of elections.

8.8.2 The amount of First Year Representatives to be chosen is at the discretion of the

Committee and the following factors (inclusive) should be taken into account:

(a)

Size of the current Committee;

(b)

Succession planning;

(c)

Quality of applications.

8.9 The position of ‘General Committee Member’ may be awarded to:

(a) any unsuccessful applicant for a position on the Executive or Non-Executive

Committee; or

(b) any past Executive member of the Committee

at the majority discretion of all Executive members and Vice-Presidents.

8.9.1 The General Committee Member(s) will not be considered as members of the Non-

Executive Committee of the Society for the purpose of elections.

9.

Financial

9.1

As an affiliate of DUSA, the Society as well as Executive members are indemnified

against any liability for actions undertaken on club business in their capacity as an Executive member.

9.2 The financial year of the club is from 1 November to 31 October.

General Meeting and is payable by potential members on receipt of a membership card.

9.4 All income (including membership fees) received by the club must be promptly paid

into the Society’s bank account(s).

9.5 All payments must be authorised by the Executive and all associated DUSA

authorisation forms must be signed by at least 2 Executive members.

9.6 The Executive must ensure that the Treasurer:

(a)

records all income received and payments made by the Society

(b)

keeps a register of all assets held by the Society

9.7 Executive members may not spend club money on products, services, events,

entertainment or gifts on members of the executive or non-executive Committee without a formal motion from a General Meeting of members that outlines the type of expenditure including value, purpose and justification.

8.

Liability

8.1

The members of the Society will not be liable for the debts incurred by Committee

members or by any persons purporting to act on behalf of the Society.

8.2 The members of the Society shall not be liable for any loss or damage caused to any

member or other persons, howsoever caused.

9. Disciplinary proceedings against Student, Full or Life members

9.1 Subject to this Constitution, any type of member may be disciplined if the majority of

the Committee is of the reasonable opinion that a the member has;

(a) refused or neglected to comply with the Constitution, regulations or

policies of the Society;

(b)

been found guilty of conduct unbecoming of a society representative;

(c)

caused serious disruption to members’ use and enjoyment of amenities,

services provided by the Society or by other members, or to the functioning of either Society or the

DCSS as a whole.

9.2 The Committee may vote to impose one of the following penalties on a society

member:

(a) Suspend the right of that member to use the amenities and services

provided by the Society for a specified period;

(b)

Prohibit access to Society events, services and assets;

(c)

In the case of Full memberships, cancel their Full membership with the

society.

9.3 A person who has been made a Life Member of the DCSS may only be disciplined by

the Society who voted for that person’s induction pursuant to provisions contained Chapter 4 of this Constitution.

9.4 The Society may revoke a person’s Life Membership if they are of the reasonable

opinion that a the member has;

(a) refused or neglected to comply with the Constitution, regulations or

policies of the Society;

(b)

been found guilty of conduct unbecoming of society alumni;

(c)

caused serious disruption to members’ use and enjoyment of amenities,

services provided by the Society or by other members, or to the functioning of either Society or the DLSS as a whole.

9.5 The Society may vote to impose one of the following penalties on a society Life

Member;

(a) Suspend the right of that member to use the amenities and services

provided by the Society for a specified period;

(b) Prohibit access to Society events, services and assets.

9.6 If the conduct of the any member is in dispute with the Society, proceedings should

be taken in accordance with this Constitution.

10. Disciplinary proceedings against Society members

10.1 The Committee may move a motion of no confidence in a Committee member if there

are reasonable grounds for belief that the individual has;

a) refused or neglected to comply with the Constitution, regulations or

policies of the Society;

(b)

been found guilty of conduct unbecoming of a society representative;

(c)

caused serious disruption to members’ use and enjoyment of amenities,

services provided by the Society or by other members, or to the functioning of either Society or the DLSS as a whole;

(d) intentionally, knowingly or recklessly abused the power bestowed upon

their position on the Committee.

10.2. The decision to move a motion of no confidence in any Executive or Non-Executive

member or First Year Representative may be made by the Executive following consultation with the Vice-Presidents.

10.2.1

This decision is subject to appeal via the Grievance Procedures in this Constitution.

10.2.2

A replacement for the person removed may be appointed at a General Meeting;

10.3

The decision to move a motion of no confidence against a Vice-President or

member of the Executive must be made by the Committee.

10.3.1

The motion must be formally announced prior to a meeting of the Committee (“the

first meeting”).

10.3.2

At the first meeting, the Vice-President or Executive whom the motion is against

must be given adequate opportunity to address the Committee and show cause as to why he or she

should not be removed from their position.

10.3.3 A subsequent meeting may be held no earlier than five academic days following the

first meeting (“the second meeting”). During this time, members absent from the first meeting are to

be given adequate opportunity to contact other Committee members, including the person subject to the motion.

10.3.4 At the second meeting, the Society may pass a motion of no confidence. Such a

motion must be seconded and carried by a special majority of the entire Committee, with proxy votes on behalf of absent voters handed to the Secretary (or the President, where the Secretary is the person subject to the motion of no confidence).

10.3.5 Non-compliance with the above procedures will result in a motion of no confidence

being void.

10.4 If a motion as outlined above is carried out, the Secretary (or President) shall

proceed to call a General Meeting at which a person shall be elected to fill the position.

10.5 Following the carrying of the motion as above, and up until the time where the

position is filled by a duly elected individual:

(a)

The Secretary shall act as caretaker President;

(b)

The President shall act as or appoint a caretaker Secretary or Treasurer;

(c)

A director of the portfolio shall be appointed by the President to act as

caretaker Vice-President;.

10.6 Further to a motion of no confidence, the Committee may also impose one of the

following penalties:

(a) Suspend the right of that member to use the amenities and services

provided by the Society for a specified period;

(b)

Prohibit access to Society events, services and assets;

(c)

Cancel their financial membership with the society;

(d)

Impose a ban on that person holding an office of the Society for a

period of time.

10.6.1

A vote to ban persons from holding office of the Society requires a simple majority.

10.7

If the conduct of the Committee member is in dispute with the Society, the

procedural provisions in this Constitution take precedence.

11. Grievance Procedure

11.1 The grievance procedure in this Chapter applies to disputes under the Constitution

and Regulations between:

(a)

The Committee and a Committee member; and

(b)

a Committee member and Society member.

11.2 The parties to the dispute must meet and discuss the matter in dispute, and, if

possible, resolve the dispute within 5 academic days after the dispute comes to the attention of all the parties.

11.3 If the parties are unable to resolve the dispute within 5 (five) academic days, the

Society and aggrieved person(s) must agree on an arbitrator to settle the dispute.

11.4 If no agreement can be reached on an arbitrator as above, the Executive, whichever

being, and the aggrieved member submitting the petition may each appoint one arbitrator. The two

arbitrators so appointed must then agree on the appointment of a third arbitrator.

11.5 Notice of the time and place of the arbitration hearing must be prominently

positioned on the campus concerned at least seven (7) days before the hearing.

11.5.1 The jurisdiction of the arbitration will be limited to the matters defined in the

petition.

11.5.2 The arbitrator/arbitration panel will hear a maximum of three oral submissions for

each side. The number of written submissions that can be considered is unlimited.

11.5.3 The arbitrator/arbitration panel shall decide the matter according to the rules under

this Constitution and such other laws of Victoria as deemed by thearbitrator/arbitration panel.

11.5.4 The decision of the arbitrator/arbitration panel is final and conclusive. No appeal

shall lie on a question of law or fact.

11.5.5 The arbitrator/arbitration panel may take any action open to the Society

Committee under this Constitution.

11.5.6 The arbitrator/arbitration panel may make an award of costs at its discretion.

12. Winding Up

12.1 The Society may only be wound up voluntarily by special resolution passed by a

100% vote of members present and voting at a special General Meeting (called pursuant to Article

4.7).

12.2 If the Society is wound up (whether voluntarily or by a court), any remaining assets

must be distributed in accordance with the provisions of the Act.

13. Special Majority

13.1 Anything in this Constitution that requires a special majority vote requires a positive

vote of three quarters of the Committee present and voting.

14. Equal Opportunity

14.1 The Society shall act in accordance with the Deakin University Equal Opportunity

Charter and the Victorian and Commonwealth Equal Opportunity Acts.

15. Amendment

15.1 This Constitution may only be amended:

(a) by a resolution passed by a three quarters majority of members present

and voting at a General Meeting of which notice in accordance with Chapter 5.6 (including of the proposed amendment) has been given; and

(b) with the consent of at least two thirds of the executive.

16. The Society Committee is not Bound by Previous Society Committees

14.1 The Society Committee is not bound and may overrule or distinguish any previous

decisions made by previous Society Committees in accordance with this Constitution and the Rules of

the Society.

17. Rules of the Society

15.1 From time to time the Executive of the Society may establish non-Constitutional

rules for the society.

15.2 Rules for the society may only be amended by agreement of a special majority of

the Committee present at a Committee meeting in accordance with Chapter 13 of this Constitution.

15.3

Rules created for the Society are binding until changed as per Chapter 15.2 of this

Constitution.