Deakin University Student Association Inc.A.B.N 95 022 653 791 | Reg. No. A0040625Y

Telephone: (03) 9244 6356 | Facsimile: (03) 9888 8796Email: dusa-contact@deakin.edu.au | Web: www.dusa.org.au

MODEL CONSTITUTION

FOR DEAKIN UNIVERSITY STUDENT ASSOCIATION INC. (DUSA) CLUBS

UNINCORPORATED ASSOCIATION AFFILIATED WITH DUSA

Constitution of Deakin International Affairs Society[Name of Club](An Unincorporated Association Affiliated with DUSA)

CONTENTS

1. Defined terms and interpretation...........................................................................................................................2

1. Nature of Constitution............................................................................................................................................3

2. Name of Club..........................................................................................................................................................3

3. Purpose and General Obligations............................................................................................................................3

4. Affiliation to DUSA..................................................................................................................................................4

5. Financial and Contractual Matters..........................................................................................................................5

6. Assets......................................................................................................................................................................6

7. Membership............................................................................................................................................................6

8. Register of Members...............................................................................................................................................8

9. Members’ Rights to Vote........................................................................................................................................8

10. Membership Fees....................................................................................................................................................8

11. General Meetings....................................................................................................................................................8

12. Executive...............................................................................................................................................................11

13. Election and Term of Executive Officers................................................................................................................12

14. Proceedings of Executive......................................................................................................................................13

15. Duties of Executive Officers..................................................................................................................................13

1.1. The specific duties of the Vice President include, to:............................................................................................14

(a) aid the President in co-ordinating society activities;.............................................................................................14

(b) be a key spokesperson for the society; and..........................................................................................................14

(c) chair or take minutes (but not both) for general or Executive meetings should the need arise...........................14

1.1. The specific duties of the Promotional Manager include, to:................................................................................14

(a) maintain and co-ordinate the society’s social media platforms and activities;................................................14

(a) assist in organising guest lectures, seminars and other extra-curricular academic events;.................14

(a) design promotional materials for the society and its activities; and.....................................................................14

(b) maintain communication between the Executive and the society’s members.....................................................14

1. Responsibility for Actions......................................................................................................................................14

1. Grievance Procedure.............................................................................................................................................15

16. Disciplinary Procedure..........................................................................................................................................15

17. Winding Up...........................................................................................................................................................16

1. Establishment Details............................................................................................................................................18

2. DUSA Clubs & Societies Charter............................................................................................................................19

1. DUSA Rules............................................................................................................................................................20

1. Grievance Procedure.............................................................................................................................................23

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CONSTITUTION

OF

DEAKIN INTERNATIONAL AFFAIRS SOCIETY[NAME OF CLUB]

(An Unincorporated Association Affiliated with DUSA)

1. Defined terms and interpretation

1.1. In this Constitution, words and phrases have the meaning set out below:

Affiliation Agreement means the annual agreement between DUSA and the Club, in the form prescribed by DUSA, to be entered into as set out in rule 5.3.

AGM means the General Meeting of the Club that is required to be held annually in accordance with this Constitution.

Associate Member means a Member that is not a DUSA Member or a Deakin Student Member.

Club has the meaning set out in rule 3.

Constitution means the constitution of the Club as amended from time to time.

Deakin Student means a student currently enrolled at Deakin University.

Deakin Student Member means a Member that is a Deakin Student (but not a current financial member of DUSA).

Deakin University means Deakin University (ABN 56 721 584 203).

DUSA means Deakin University Student Association Inc. (ABN 95 022 653 791).

DUSA Club Account has the meaning set out in rule 6.3.

DUSA Clubs & Societies Charter means the charter set out in Schedule 2 as amended from time to time.

DUSA Member means a Member that is a current financial member of DUSA and a Deakin Student.

DUSA Rules means the rules set out in Schedule 3 as amended from time to time.

Executive means the Club’s committee of management.

Executive Officer means a person elected to the Executive from time to time in accordance with this Constitution, and includes the President, Treasurer and Secretary, together with any other position established in accordance with this Constitution.

General Meeting means the meetings of Members of the Club as described in rule 12, consisting of AGMs and Special General Meetings.

Member means a member of the Club in accordance with rule 8, and includes DUSA Members, Deakin Student Members, and Associate Members.

President means the president of the Club elected in accordance with rule 14.

Purpose has the meaning set out in rule 4.1.

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Secretary means the secretary of the Club elected in accordance with rule 14.

Special General Meeting means a General Meeting other than an AGM.

Special Resolution means a resolution of Members:

(a) of which at least 14 days’ notice of the meeting at which it will be considered has been given to Members; and

(b) that is passed at a General Meeting by 75% or more of the Members voting (who are eligible to vote), voting in favour of it.

Treasurer means the treasurer of the Club elected in accordance with rule 14.

1.2. In this Constitution, unless the contrary intention appears:

(a) the singular includes the plural and vice versa and words importing a gender include other genders;

(b) headings are for ease of reference only and do not affect the construction of this Constitution;

(c) the words “includes” and “including” are not words of limitation;

(d) the Schedules form part of this Constitution;

(e) references to communications in writing include email as well as communication through the use of social media sites (provided that any such communication to a Member must be through a social media site that the Member has been informed will be used for such purposes);

(f) references to meetings include meetings held by telephone, video conference and by any other technological means by which persons are able simultaneously to hear each other and to participate in discussion, and the place of such meeting is deemed to be the place where the chair of the meeting is physically located; and

(g) where an act or thing (including the provision of notice) is required to be done within a specified period of days, when calculating the period of days, any days which are not Deakin University academic days will be excluded.

2. Nature of Constitution

2.1. The rules set out in this Constitution are intended to be binding on the Executive and Members of the Club and enforceable by courts in Victoria.

2.2. Subject to rule 2.3 and obtaining the prior written consent of DUSA, this Constitution may be changed, added to, or replaced by Special Resolution of the Members entitled to vote at General Meeting. This includes a change to the Club’s name.

2.3. The Members must not pass a Special Resolution that amends this Constitution if passing it causes the Club to be in breach of the Affiliation Agreement, the DUSA Clubs & Societies Charter or the DUSA Rules.

3. Name of Club

The name of the unincorporated association is Deakin International Affairs Society [insert name] (Club).

4. Purpose and General Obligations

4.1. The purposes for which the Club is established are:

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(a) to advance the engagement of DUSA Members and Deakin Students in activities that enhance their learning experience (primary purpose); and

(b) to foster student participation in DUSA clubs and societies;

[(c)] to aid students interested in or studying International relations or its disciplines in realising and pursuing career opportunities through networking events; [Insert specific secondary purposes]; and

[(d)] [to prepare students for graduation by helping them understand what to expect and helping them build their C.V.;Insert specific secondary purposes],

together, the Purpose.

4.2. The Club and its Executive may only do things and use the income and assets of the Club for the Purpose.

4.3. The Club, its Members and Executive must at all times act responsibly and with proper regard to the health and safety of each other and of third parties.

4.4. The Club, its Members and Executive must at all times operate consistently with:

(a) this Constitution;

(b) the Affiliation Agreement (as further detailed in rule 5);

(c) the DUSA Clubs & Societies Charter;

(d) the DUSA Rules; and

(e) applicable law.

4.5. The Club must not distribute any income or assets, directly or indirectly, to its Members.

4.6. Rule 4.5 does not prevent the Club from doing the following things, provided they are done in good faith (fairly and honestly):

(a) paying a Member for goods or services they have provided or expenses they have properly incurred at fair and reasonable rates or rates more favourable to the Club; or

(b) providing a benefit to a Member in carrying out the Purpose.

4.7. The setting and amendment to Club policy must be effected at General Meeting.

5. Affiliation to DUSA

5.1. At establishment, the Club is affiliated to, and funded by, DUSA in accordance with the DUSA Clubs & Societies Charter and the DUSA Rules.

5.2. The Members and Executive are to do all things reasonably necessary to maintain the Club’s affiliation with, and funding from, DUSA, including compliance with rule 4.4.

5.3. Without limitation to rules 5.1 and 5.2, an Affiliation Agreement must be in force at all times between the Club and DUSA as follows:

(a) at establishment, the founding Members and initial Executive have authorised (or are deemed to have authorised) the President to execute the Affiliation Agreement on behalf of the Club and the Executive; and

(b) a new Affiliation Agreement will be tabled at each AGM as part of ordinary business. Following the election of the Executive at the AGM, a resolution will be put to the Members (including the

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Executive) to authorise the execution of a new Affiliation Agreement for the period until the end of the next AGM. Where the resolution is passed by simple majority of the Members entitled to vote, the President will execute the Affiliation Agreement on behalf of the Club and the Executive within 7 days of the AGM.

5.4. If the Affiliation Agreement expires or terminates and is not replaced within a reasonable time, then the Members must immediately take all necessary steps to wind-up the Club in accordance with rule 20.

5.5. If the Club wishes to change its status to that of an incorporated body (which will require a Special Resolution), it must first obtain the prior written approval of DUSA. Failure to do so will entitle DUSA to terminate the Affiliation Agreement in which case rule 5.4 will apply. A Club that becomes incorporated must enter into a new constitution in the form prescribed by DUSA.

6. Financial and Contractual Matters

6.1. The financial year of the Club is the same as the Deakin University academic year.

6.2. The Club may receive funding from:

(a) membership fees;

(b) sponsorship;

(c) grants (including from DUSA);

(d) fundraising and donations;

(e) ticket sales and sales of merchandise; and

(f) any other lawful sources approved by the Executive and DUSA that are consistent with furthering the Purpose and permitted under this Constitution.

6.3. The Club will not establish its own bank account and will instead use the account held and operated by DUSA for the purposes of the Club (DUSA Club Account). Monies held in the DUSA Club Account are held by DUSA pursuant to a contractual relationship between DUSA and the Club (and are not held on trust for any person).

6.4. All income (including membership fees) received by or on behalf of the Club must be promptly paid into the DUSA Club Account, and in any event within 7 days of being received.

6.5. All:

(a) payments from the DUSA Club Account for any purpose; and

(b) contracts to be entered into on behalf of the Club,

must first be authorised by:

(c) at least 2 Executive Officers, one of which must be the President or Treasurer (and an Executive Officer cannot authorise a payment to themselves); and

(d) the responsible DUSA officer.

6.6. Without limitation to rule 6.5, at the discretion of DUSA and prior to DUSA authorising any payment from the DUSA Club Account or a contract to be entered into on behalf of the Club, the Executive may be required to demonstrate to DUSA’s reasonable satisfaction that a proposed payment or contract is in the best interests of the Club, whether through the provision of evidence showing that Members support the payment or contract (such as through consultation and feedback on social media) or otherwise.

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6.7. The Executive must ensure that the Treasurer:

(a) records all income received and payments made by the Club; and

(b) keeps a register of all assets purchased on behalf of the Club (as further detailed in rule 7).

6.8. The Executive must take reasonable steps to ensure that the Club’s records are kept safe.

6.9. Executive Officers must not spend Club funds on products, services, events, entertainment, gifts, food or beverages for the benefit of the Executive Officers without written approval from DUSA.

6.10. The Club may not sell products in commercial quantities without written approval from DUSA.

7. Assets

7.1. Any asset to be purchased on behalf of the Club must first be approved by the Executive and the responsible DUSA officer, and will be purchased in the name of DUSA who will own the asset.

7.2. The Club will have priority usage of the asset in accordance with the purpose for which the asset was purchased. When not being used by the Club, the Executive may approve the use of the asset by another club affiliated with DUSA (and the Executive will act reasonably when considering such requests for approval).

7.3. The Treasurer must keep an up-to-date register of assets purchased on behalf of the Club and provide a copy to the Executive or DUSA on request.

7.4. The Club, its Executive and Members must not sell, hire, charge, mortgage, pledge or otherwise encumber the asset.

7.5. If a Club:

(a) ceases to be affiliated with DUSA; or

(b) becomes inactive for 12 months or more,

then all assets purchased on behalf of the Club will be returned to DUSA and will be available for use as determined by DUSA.

8. Membership

Minimum number of Members

8.1. The Club must at all times have at least 20 current Deakin Students (or at least 10 current Deakin Students if the Club is established at Deakin University’s Warrnambool campus) as Members (whether DUSA Members or Deakin Student Members) and otherwise the Club may have any number of Members of any class of Member, and the number of Members is unlimited.

Application for membership

8.2. Anyone who supports the Purpose and agrees to be bound by this Constitution can apply to join the Club as a Member.

8.3. The Club will have 3 classes of Member:

(a) DUSA Members;

(b) Deakin Student Members; and

(c) Associate Members.7

8.4. Applications for membership may only be made through the current ‘DUSA Club Membership’ signup process approved by DUSA, and submitting such application to an Executive Officer or through other means (such as online) that are made available from time to time. When signing up as a DUSA club member, a person will be required to state the class of membership for which they are applying.

8.5. All applications from persons that satisfy the following requirements are deemed automatically approved on submission. The person:

(a) is eligible for the class of membership for which they have applied;

(b) agrees to support the Purpose;

(c) agrees to be bound by this Constitution; and

(d) applies for membership and pays the applicable membership fee on their own behalf.

8.6. Membership of the Club is current only for the academic year of joining. A person that was a Member in a previous academic year must apply to renew their membership by submitting an application form in accordance with rule 8.4 and to be considered in accordance with rule 8.5.

Payment of membership fees

8.7. Annual membership fees must be paid to a DUSA office within 7 days of the submission of a membership application. If a person’s membership is declined the fee will be reimbursed in full. If a Member does not pay in time, their membership may be suspended by the Executive. If the Member does not pay all amounts owing within 30 days of their membership being suspended, their membership may be cancelled by the Executive.

8.8. When membership is suspended, a Member cannot exercise their Members’ rights such as voting at a General Meeting.

Change of membership and ceasing to be a Member

8.9. A Member that:

(a) ceases to be a Deakin Student; or

(b) is deferred from Deakin University, for the period of the deferment,

will be classed as an Associate Member.

8.10. A person immediately stops being a Member if:

(a) their membership is cancelled under this Constitution;

(b) they resign by writing to the Secretary; or

(c) they die.

8.11. If a Member resigns or their membership is cancelled under this Constitution, the Club is not required to refund any membership fees already paid.

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Entitlement of Members to receive documents

8.12. The Executive will provide a copy of this Constitution and the current Affiliation Agreement to any Member on request.

9. Register of Members

9.1. The Secretary must keep an up-to-date register of Members containing:

(a) the name and contact details of the Member;

(b) their class of membership;

(c) the date on which the Member last paid their membership fee; and

(d) the date that a person stops being a Member.

9.2. Members acknowledge and agree that the register of Members will be disclosed by the Executive to DUSA (to be held by DUSA in accordance with DUSA’s applicable privacy policy).

9.3. At the request of a Member, the Secretary will make available to that Member the details held by the Secretary for that Member in the register.

10. Members’ Rights to Vote

10.1. All Members have the right to be given notice of General Meetings and to speak at General Meetings.

10.2. Only current Deakin Students (whether DUSA Members or Deakin Student Members) can vote at General Meetings.

10.3. To be eligible to vote at the AGM, a person’s membership must have been approved and their membership fee paid in accordance with rule 8 at least 7 days prior to the date of the AGM.

10.4. Each Member entitled to vote will have one vote at General Meetings.

11. Membership Fees

11.1. The annual membership fee at the Club’s establishment is set out in Schedule 1.

11.2. Subject to rule 11.1, the annual membership fee will be approved at each AGM by the Members entitled to vote, under the following principles:

(a) the Executive will recommend to the Members the amount of the annual membership fee for each class of Member, taking into account the fees for the previous academic year;

(b) the annual membership fee may be any amount, provided that it must not be less than $2.00;

(c) the membership fee will cover the period of the Club’s academic year; and

(d) the membership fee for DUSA Members is to be set at 50% to 70% of the membership fee payable by Deakin Student Members and Associates (whichever is higher).

11.3. An Executive Officer may not pay the membership fee on behalf of another Member. Where this takes place, the membership for such Member will be invalid.

11.4. The Executive will keep DUSA informed of the amount of the membership from time to time.

12. General Meetings

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Calling General Meetings

12.1. General Meetings may be called by the Executive at any time.

12.2. The Executive must call:

(a) an AGM in accordance with rule 12.4; and

(b) a Special General Meeting if requested in writing by at least 15% of Members stating the business to be considered. The Special General Meeting must be held within 28 days of an Executive Officer receiving the request and on at least 14 days’ notice to the Members.

12.3. If the Executive does not call and hold a meeting where requested to do so under rule 12.2(b) within 28 days of the request, 50% or more of the Members who made the request may call and arrange to hold a General Meeting. The meeting must be held within 56 days from the time the request was made and as far as possible, should follow the procedures for calling General Meetings set out in this Constitution.

AGM

12.4. The Executive must as a minimum call the AGM in each academic year which is to be held on an academic day in Trimester 2 of the Deakin University year.

12.5. The business of the AGM will be:

(a) to confirm the minutes of the last AGM and/or any subsequent General Meetings that have not previously been confirmed;

(b) to consider reports from all Executive Officers;

(c) to elect the Executive Officers to take office from the end of the AGM until the date of the next AGM;

(d) to authorise the execution of the annual Affiliation Agreement as further detailed in rule 5.3; and

(e) any other business of which notice has been given in accordance with this Constitution, to include the wording of any resolution to be put to the meeting.

12.6. The Executive must submit to DUSA all documents that are required to be submitted to DUSA prior to the AGM in accordance with the DUSA Clubs & Societies Charter and the DUSA Rules at least 21 days before the date of the AGM.

Notice of General Meetings

12.7. The Executive must give at least 14 days’ notice in writing of the date, time and place of a General Meeting to each Member entitled to such notice. The notice must further include the means by which a Member unable to physically attend the meeting may participate in the meeting (as provided in rule 1.2(f)). A notice may be sent by email or through social media as provided in rule 1.2(e).

12.8. The notice of the AGM must state all Executive Officer positions for which elections will be held and the business to be considered (in accordance with rule 12.5). A notice of a Special General Meeting must state the business to be considered, including the wording of any resolution to be put to the meeting.

12.9. Only business of which notice has been given may be considered at a General Meeting.

12.10. Without limitation to rule 12.8, where practicable, the Executive must also advertise the holding of a General Meeting in any DUSA publication/s generally available to students at least 2 weeks before the meeting, provided that a failure to do so will not invalidate the legitimacy of the meeting.

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Returning Officer

12.11. The Executive must appoint a returning officer at least 14 days before the AGM, who is responsible for the conduct of the election of the Executive Officers. The returning officer must be a neutral person who has not been nominated for, and has not nominated another person for, a position as Executive Officer for the election.

Quorum

12.12. The quorum for a General Meeting is 15% of the Members or 15 Members (whichever is the lesser) that are entitled to vote at the General Meeting.

12.13. The quorum must be present at a General Meeting (including as provided in rule 1.2(f)) for the meeting to be held.

Voting

12.14. In order to vote at a General Meeting, a Member entitled to vote in accordance with rule 10 must:

(a) be present in person (including as provided in rule 1.2(f)) and proxies are not permitted; and

(b) produce their student photo identification to the returning officer (or nominee).

12.15. Any Member may participate in discussions at General Meetings. As provided in rule 10.4, each Member entitled to vote will have one vote at General Meetings.

12.16. A resolution (other than a Special Resolution) is passed if more than half of the Members present and entitled to vote at the General Meeting vote in favour of the resolution.

12.17. Except with respect to the election of Executive Officers (to take place in accordance with rule 14.6), votes may be held by a show of hands or written ballot, or another method that the chair decides is fair and reasonable in the circumstances. If a vote is held initially by show of hands, any Member can request a vote be held again by written ballot. If a vote of the Members is tied, the chair of the meeting does not have an additional, deciding vote and shall declare that the motion has failed.

12.18. On a show of hands, the chair’s decision is conclusive evidence of the result of the vote.

12.19. The chair and the meeting minutes do not need to state the number or proportion of the votes in favour or against on a show of hands.

Chair

12.20. The President is entitled to chair General Meetings. If the President is not present, or does not wish to chair the meeting, the vice-president of the Club (if there is one) is entitled to act as chair. If neither the President nor the vice-president is present, available or willing to chair the meeting, the meeting must elect another Executive Officer to act as chair.

12.21. The chair is responsible for the conduct of the General Meeting, and for this purpose must give Members a reasonable opportunity to make comments and ask questions.

12.22. The chair of the meeting has their own vote but does not have a casting vote.

Adjournment

12.23. The chair can adjourn a General Meeting if there are not enough Members at the meeting to form a quorum in accordance with rule 12.12 within 30 minutes of the meeting start time, or if there is not enough time at a meeting to consider all business. A new notice must be sent to Members for the adjourned meeting (but

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does not have to comply with time for notice requirements, unless the adjourned meeting is more than 21 days after the original meeting date). Only unfinished business may be dealt with at a resumed meeting.

12.24. The chair must adjourn a General Meeting if a majority of Members entitled to vote at the meeting direct the chair to do so.

13. Executive

Role

13.1. The Club is governed and managed by the Executive made up of the Executive Officers. The role of the Executive is to ensure that the Club is responsibly managed (including its financial management) and pursues its Purposes.

13.2. The Executive can exercise all powers and functions of the Club (consistent with this Constitution and relevant Australian laws), except for powers and functions that the Members are required to exercise at a General Meeting under this Constitution.

13.3. Without limitation to rules 13.1 and 13.2, the Executive is responsible for:

(a) organising Club activities, including the preparation of a planned events and activities calendar for the Club for each academic year (which when approved by the Executive is to be promptly submitted to DUSA);

(b) representing the Club and its Members within DUSA;

(c) recommending policy to General Meetings;

(d) promoting Club activities to its Members and the wider student population; and

(e) making sure that accurate minutes of General Meetings are made and kept.

Executive Officers

13.4. The Executive must as a minimum include the following positions:

(a) President;

[(b)] Treasurer; and

(b)[(c)] Secretary; and

[(d)] Vice President; and

[(e)] Promotional Manager..

[13.5.] A resolution of Members passed at General Meeting may establish other Executive positions.

13.5.[13.6.] An Executive Officer may not hold 2 Executive positions with the Club at the same time. If an Executive Officer wishes to hold an executive position with another club that is affiliated with DUSA at the same time then such person must seek the prior approval of DUSA.

Obligations

13.6.[13.7.] An Executive Officer must:

(a) comply with the obligations under this Constitution, and ensure that the Club complies with its obligations under this Constitution;

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(b) exercise their powers and discharge their duties with the degree of care and diligence that a reasonable individual would exercise if they were an Executive Officer;

(c) act in good faith (fairly and honestly) in the best interests of the Club and to further the Purpose;

(d) not misuse their position as an Executive Officer;

(e) not misuse information they gain in their role as an Executive Officer;

(f) disclose any perceived or actual material conflicts of interest to the Executive;

(g) ensure that the financial affairs of the Club are managed responsibly; and

(h) not allow the Club to operate while it is insolvent.

14. Election and Term of Executive Officers

Executive Officers at Club’s establishment

14.1. At establishment, the Executive Officers of the Club are set out in Schedule 1.

Nomination

14.2. Only current Deakin Students that are Members (whether DUSA Members or Deakin Student Members) are eligible for election as Executive Officers.

14.3. The Secretary must call for nominations from Members for eligible persons to be put forward to the Members for election as an Executive Officer at least 14 days before the date of the AGM.

14.4. Each nomination must be received by the Secretary at least 3 days prior to the date of the AGM and must specify the name of the Member making the nomination, the name of the person being nominated and the Executive Officer position for which they are being nominated. Each nomination must be signed by the nominating and nominated Member. The Executive may issue a nomination form for such purposes. Late nominations may only be accepted by the Secretary if there are no existing nominations for the position.

Election

14.5. Subject to rules 14.1 and 14.12, Executive Officers are to be elected by the Members in General Meeting.

14.6. At the AGM, those nominated for a position as Executive Officer will be subject to election by a majority vote of Members in secret ballot, with the votes to be counted and the result declared by the returning officer appointed under rule 12.11.

14.7. If only one eligible person has been nominated for a particular Executive Officer position, such person will be elected where so moved and seconded by two Members entitled to vote at the AGM, and a secret ballot is not required. A Member may not move or second themselves for a position as Executive Officer.

14.8. Any complaint in relation to the process or result of an election of Executive Officers must be made to DUSA within 72 hours of the declaration of the results. Where DUSA upholds the complaint, DUSA may direct the Executive to convene a Special General Meeting within 7 days at which the election of the Executive Officer(s) the subject of the complaint will be re-run.

Term

14.9. Each Executive Officer’s term of office commences from the end of the AGM at which they are elected and continues until the end of the immediately following AGM.

14.10. Executive Officers may be re-elected and serve an unlimited number of terms.

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14.11. An Executive Officer ceases to hold office if:

(a) they resign by writing to the Secretary (or, in the case of the Secretary, to the President) with a copy to be provided to DUSA;

(b) they are removed by a Special Resolution of the Members present and entitled to vote at General Meeting;

(c) DUSA suspends or terminates the Executive Officer:

(i) as provided by this Constitution, the DUSA Clubs & Societies Charter and the DUSA Rules; or

(ii) where other Executive Officer(s) are unable to engage with the Executive Officer over an extended period of time and provide evidence to DUSA of this;

(d) they cease to be a DUSA Member or Deakin Student Member; or

(e) they die.

Casual vacancy

14.12. The Executive may fill a single casual vacancy in its membership, and such Elected Officer will hold office until the next General Meeting where the appointment will be subject to confirmation by the Members. If more than one casual vacancy arises, the Executive must convene a Special General Meeting where the vacant Executive Officer positions will be subject to election on the same basis as applies to the election of Executive Officers at an AGM.

15. Proceedings of Executive

15.1. The Executive can decide how often it meets, and the way in which it meets, including by allowing Executive Officers to attend through technology as provided in rule 1.2(f).

15.2. The Secretary or the President alone, or any other two Executive Officers, may call a meeting of the Executive by giving at least 5 days’ notice to the other Executive Officers, unless the meeting is an urgent meeting (in which case reasonable notice must be given). The notice of meeting will specify the date, time and place of the meeting and the nature of the business to be discussed.

[15.3.] Rules 12.2012.21 to 12.2212.23 will apply to meetings of the Executive.

15.3.[15.4.] The quorum for Executive meetings is the presence of a majority of Executive Officers at the time, including at least one of the President, Treasurer and Secretary.

15.4.[15.5.] A resolution is passed if more than half of the Executive Officers voting at the meeting vote in favour of the resolution.

15.5.[15.6.] The Executive may establish committees and delegate its powers to such committees as it thinks appropriate (other than the power of delegation).

15.6.[15.7.] The Executive may adopt circular resolutions. To pass a circular resolution, each Executive Officer must agree to it in writing (including by email or other electronic communication), and it is passed once the last Executive Officer has agreed to it.

16. Duties of Executive Officers

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16.1. In addition to the duties and responsibilities of the Executive Officers detailed in other rules of this Constitution (including rule 13), each of the Executive Officers has the specific duties set out in rules 16.2 to 16.4.

President

16.2. The specific duties of the President include, to:

(a) co-ordinate Club activities;

(b) be the chief spokesperson for the Club;

(c) chair General Meetings and meetings of the Executive; and

(d) present an annual President’s report to the AGM.

Treasurer

16.3. The specific duties of the Treasurer include, to:

(a) record all income received and payments made by the Club;

(b) keep a register of all assets held by the Club;

(c) prepare an annual budget for the Club to be approved by the Executive;

(d) present a financial report to each meeting of the Executive;

(e) present a Treasurer’s 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.

Secretary

16.4. The specific duties of the Secretary include, to:

(a) keep the register of Members;

(b) arrange General Meetings and meetings of the Executive;

(c) take minutes of all General Meetings and meetings of the Executive;

(d) be responsible for the inward and outward correspondence of the Club, including regularly checking the Club pigeon-hole in the DUSA offices;

(e) keep the records of the Club (other than its financial records); and

(f) present an annual Secretary’s report to the AGM including membership numbers.

(A) Vice President

16.5. The specific duties of the Vice President include, to:

(a) aid the President in co-ordinating society activities;

(b) be a key spokesperson for the society; and

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(c) chair or take minutes (but not both) for general or Executive meetings should the need arise.Promotional ManagerThe specific duties of the Promotional Manager include, to:

(a) maintain and co-ordinate the society’s social media platforms and activities;

assist in organising guest lectures, seminars and other extra-curricular academic events;

design promotional materials for the society and its activities; and

maintain communication between the Executive and the society’s members.

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[17.] Responsibility for Actions

16.6.[17.1.] Without limitation to their other obligations under this Constitution, the Club, its Executive and Members undertake:

(a) at all times to act responsibly and with proper regard to their health and safety and that of third parties when participating in the Club’s activities;

(b) to take all reasonable steps to minimise and mitigate any risks and hazards associated with the Club’s activities;

(c) not to hold Deakin University, DUSA or the Club (including the Executive) (as the case may be) responsible for any personal injury, property damage or severe fatal injury they may suffer and however caused arising from the Club’s activities;

(d) to be responsible for, or for ensuring (as the case may be), that a person participating in a high-risk activity as part of the Club’s activities has obtained appropriate insurance (including personal medical insurance); and

(e) to be responsible for their acts and omissions with respect to their participation and involvement in the Club.

18. Grievance Procedure

Dispute between Club and DUSA

18.1. The grievance procedure in Part A of Schedule 4 applies to disputes under this Constitution, the DUSA Clubs & Societies Charter and the DUSA Rules between a Club (including the Executive, its Executive Officers and Members) and DUSA.

Dispute between Executive Officers & Members

18.2. The grievance procedure in Part B of Schedule 4 applies to disputes under this Constitution, the DUSA Clubs & Societies Charter and the DUSA Rules between:

(a) the Executive Officers;

(b) any Executive Officer and any Member; and

(c) any Members.

Deakin University Rules

18.3. Nothing in this rule 18 limits or restricts the rules and regulations of Deakin University. To the extent that any dispute is or becomes subject to the rules and regulations of Deakin University, then the rules and regulations of Deakin University will prevail.

19. Disciplinary Procedure

By the Executive

19.1. Following written notice and discussion with DUSA, the Executive may take disciplinary action against a Member if it is of the reasonable opinion that the Member has breached this Constitution or if the Member’s behaviour is causing (or has caused) damage or harm to the Club.

19.2. The Executive must first write to the Member to tell them why they propose to take disciplinary action.

19.3. The Executive must arrange a disciplinary procedure that meets the following requirements:

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(a) the Member must have an opportunity to explain or defend themselves; and

(b) the disciplinary procedure must be completed as soon as reasonably practical.

19.4. The Executive must notify the Member of the outcome of the disciplinary procedure as soon as reasonably practical.

19.5. There will be no liability for any loss or injury suffered by a Member as a result of any decision made in good faith (fairly and honestly) under rule 19.3.

19.6. The Executive may take the following disciplinary action:

(a) issue a warning to a Member;

(b) prevent a Member from attending a Club event; or

(c) suspend the Member’s membership for up to 3 months.

The Executive may not impose a fine on any Member.

19.7. A Member that does not accept the outcome of the disciplinary procedure may provide a notice of a dispute in accordance with Part B of Schedule 4, to be dealt with as also set out in Part B of Schedule 4.

By DUSA

19.8. The Executive Officers and Members acknowledge and agree that where DUSA is of the reasonable opinion that an Executive Officer or Member has:

(a) refused or neglected to comply with this Constitution, the DUSA Clubs & Societies Charter or the DUSA Rules;

(b) been found guilty of conduct unbecoming of a member of a club affiliated with DUSA; or

(c) caused serious disruption to the use and enjoyment of amenities or services provided by DUSA or the Club,

then without limitation to other actions and remedies available to DUSA (including a referral to police for investigation where appropriate):

(d) DUSA may suspend the right of that Executive Officer or Member to use the amenities and services of DUSA and/or the Club for a specified period;

(e) DUSA may take any action available to it under the Affiliation Agreement, which may include disaffiliation or the withholding of DUSA funding; and

(f) in the case that it can be demonstrated that responsibility rests with an Executive Officer, not the Club, the Executive Officer may be suspended or removed as an Executive Officer and/or prevented from any involvement in DUSA or its clubs for a specified time.

19.9. There will be no liability for any loss or injury suffered by a Club, Executive Officer or Member as a result of any decision made in good faith (fairly and honestly) under rule 19.8.

19.10. A Club, Executive Officer or Member that does not accept the outcome of the disciplinary procedure may provide a notice of a dispute in accordance with Part A of Schedule 4, to be dealt with as also set out in Part A of Schedule 4.

Deakin University Rules

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19.11. Nothing in this rule 19 limits or restricts the rules and regulations of Deakin University. To the extent that any behaviour is or becomes subject to the rules and regulations of Deakin University, then the rules and regulations of Deakin University will prevail.

20. Winding Up

20.1. The Club may be wound up:

(a) voluntarily by Special Resolution of the Members entitled to vote at a General Meeting; or

(b) upon written notice from DUSA where the Club is in breach of this Constitution, the DUSA Clubs & Societies Charter or the DUSA Rules.

20.2. If the Club is wound up (on whatever grounds), any remaining assets must not be distributed to any Member, but must instead be returned to DUSA.

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1. Establishment Details

Executive Officers at Establishment

The following have been appointed Executive Officers of the Club at establishment:

President: Katrina SullivanLav Manohara 0403 084 261lmanaho@deakin.edu.au34 Hartwell Street, Keysborough, 3173214531349

30 Keylana Drive Keysborough, 3173kisulliv@deakin.edu.au0481212251216132434 Jarrad James Elmer[Name]

221 Burwood Highway, Burwood, VIC 3125[Address]jelmer@deakin.edu.au[Email Address]0456358866[Telephone Number]216155018[Student ID Number]

Secretary: Jean-Marc KurbanGil InbarMadison Maves0413880964mmaves@deakin.edu.au11 Switchback Road, Chirnside Park, 3116218285452

46 Ward Street, Ashburtoninbar.gili@gmail.com0406 386 971218243922

54 Elliott Ave, Balwyn, 3104Katrina Sullivan[Name]221 Burwood Highway, Burwood, VIC 3125 [Address]kisulliv@deakin.edu.au[Email Address]0481212251[Telephone Number]216132434[Student ID Number] jkurban@deakin.edu.au 0416205022 216118783

Treasurer: Alan WangClare Carrol[Name] 0434276590 clarelorrainec@gmail.com 32 Tarella Drive, Mount Waverley, 3149 217316006

[221 Burwood Highway, Burwood, VIC 312548 Katrina Street, Blackburn North, 3130Address]awan@deakin.edu.au[Email Address]0432026839[Telephone Number]

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216099402[Student ID Number]

Vice President[Other]: Maryam HasanovaJean-Marc Kurban0416205022Jeanmarc.kurban@gmail.com33 Roslyn Street, Burwood216119783 Unit 2, 12 Dudley Parade, Canterbury, 3126 mElla Hunter[Name]24 Belgrave Avenue, Balwyn VIC 3103[Address]eghunter@deakin.edu.au[Email Address]0418655484[Telephone Number]216135792[Student ID Number]hasanova@deakin.edu.au 0422730343 218247848

Promotional Manager[Other]: Tiarnan Cleary 57 Lithgow Street, Abbotsford, 3067 tacleary@deakin.edu.au 0423191051 216133127 Carly Norman[Name]

221 Burwood Highway, Burwood, VIC 3125 [Address]cnorm@deakin.edu.au[Email Address]0416070515[Telephone Number]216085315[Student ID Number]

Annual Membership Fee at Establishment

DUSA Member: $5 per annum[$xxx per annum]

Deakin Student Member: $10 per annum[$xxx per annum]

Associate Member: $10 per annum[$xxx per annum]

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2. DUSA Clubs & Societies Charter

DUSA CLUBS & SOCIETIES CHARTER

The Clubs & Societies Charter is an extract of values associated with DUSA clubs and societies. All new and current clubs and societies can only receive affiliation while complying with this Charter.

(1) No club or society with the same or similar goals and objectives will be able to form on the same campus.

(2) A club or society will be classed as either Geelong, Burwood or Warrnambool based. Individuals can join any club regardless of campus. DUSA actively encourages joint club events and cross campus events.

(3) Clubs and societies should be set-up so that they will have a lifespan of longer than one year, and their activities should reflect this.

(4) The subsidy provided by DUSA is only to fund student activities.

(5) Club and society activities should be aimed at catering for a wide variety of student interests and should be accessible by all currently enrolled students.

(6) Unless a club or society has as its expressed interest or aim the support for a political party, they cannot support a political party or the election of a person to a Commonwealth, State or Territory parliament, local government or DUSA student representative role. Support means any assistance and could take the form of providing financial assistance to the party, organising volunteer labour, paying membership and affiliation fees and giving gifts or gifts-in-kind.

(7) Unless a club or society has as its expressed interest or aim supporting a particular facet of religion, DUSA cannot be seen to support or promote a religious cause, only the club in its endeavours to support students in accordance with the DUSA Strategic Plan (which can be found at: http://www.dusa.org.au).

(8) Equality of opportunity should be promoted by each club or society.

(9) Clubs and societies should avoid exposing DUSA to liability.

(10) Clubs and societies should avoid exposing students to risk, and for activities that are higher risk, appropriate risk management strategies should be in place.

(11) Clubs and societies must abide by the directives contained in the DUSA Clubs & Societies Manual (a copy of which can be found at http://www.dusa.org.au).

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3. DUSA Rules

This Schedule 3 contains DUSA’s rules for its affiliated clubs at the date of the Club’s establishment. DUSA may make changes to these rules at any time by providing notice on the DUSA website, and from the date of such notice, the amended rules will take effect and supersede the rules set out below.

Policies and Regulations

(1) The Club will abide by all policies and regulations of DUSA, including those polices and regulations set out on the DUSA website: http://www.dusa.org.au/Clubs-Sport/Club-Resources

(2) The Club will abide by directions or regulations as advised by DUSA on behalf of Deakin University, for example (but not limited to) distribution of marketing materials, service of alcohol, management of risk at events, etc.

Financial and Contractual

(3) The Club must disclose all sources of revenue to DUSA within 2 days of receiving revenue.

(4) The Club will consult with DUSA before entering into any sponsorship arrangement with any individual, company, association or incorporation and submit a sponsorship agreement for review prior to execution on behalf of the Club.

[(5)] The Club will consult with DUSA before entering into any financial agreement and must obtain the due authority of DUSA before execution of the agreement on behalf of the Club. All proposed financial agreements and payments of Club funds must be in the best interests of the Club. DUSA at is discretion may require evidence to demonstrate that the Club has consulted with its Members prior to approving has the right to ask for proof of consultation with student club members prior to approving any financial agreement or payment.

(5)[(6)] The Club must make use of the DUSA independent tendering process for all supplies obtained to the value of $1,000 or more.

(6)[(7)] The Club must provide membership pricing differentials for all activities, products, services and events for non-DUSA members and DUSA members. Wherever practical this differential should be at least 30-50%.

(7)[(8)] The Club must have enough money in its DUSA Club Account to cover any financial commitment at the time the Club enters into the financial commitment. The Club must not commit to any expenditure that exceeds the actual amount held in the DUSA Club Account.

(8)[(9)] If the Executive Officers (or any of them) commit to contracts or to making payments that the Club cannot cover from the monies currently held in the DUSA Club Account, then the Club and its Executive Officers are acting in breach of DUSA policy and procedure. Further, such action may be considered to be fraudulent activity. In such circumstances, the Executive Officers that entered into and/or authorised the commitment will be held personally liable and DUSA may withhold access to the DUSA Club Account until such time as the position has been remedied to the satisfaction of DUSA.

Minimum Club Requirements

(9)[(10)] The Club is required to support at least 2 DUSA events per year.

(10)[(11)] The Club must complete standard DUSA annual ‘Clubs & Societies’ requirements (as outlined below and subject to change at the discretion of DUSA) and communicate these to their DUSA support officer within 3 weeks of the Club’s AGM. If the Club fails to abide by this requirement, the Club may be suspended or disaffiliated from DUSA.

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Annual minimum re qu irements :

A. The election of an Executive comprising of at least a President, Secretary and Treasurer, each of which must be current Deakin Students.

B. Provision of current contact details for each Executive Officer.

C. Provision of a copy of the minutes from the most recent AGM, including the Annual Report (as detailed below), provided that this requirement will not apply to newly established clubs and societies until such time as they are required to hold their first AGM.

D. Provision of an Affiliation Agreement executed by the President and witnessed by another Executive Officer.

E. Provision of a copy of the Club’s current constitution.

F. Provision of an Annual Report in the format advised by DUSA comprising:

(i) A report on Club activities for the year.

(ii) The President’s report.

(iii) A Financial report from the Treasurer, including the current membership fee(s) payable by Members.

(iv) The Secretary’s report.

(v) An events and functions report.

(vi) Reports from any other Executive Officer of the Club.

(vii) A copy of the Club’s asset register.

(viii) A copy of the Club’s current and up-to-date Members register.

Events

(12) The Club must submit an Event Request Form, Risk Assessment Form, Room Booking Form (if applicable) and budget for expenditure for any event or function to be held by the Club to the Club’s DUSA support officer at least 4 weeks prior to the event taking place. This is important so that DUSA is aware of what activities are being held, the spending associated with the event and the assessment of the associated risks.

(13) The only exceptions to the requirement in paragraph (12) above are:

A. Executive meetings and AGMs that are not followed by an event. Where money is to be spent (eg/ snacks during the meeting), the Club must submit the Event Request Form, Room Booking Form (if applicable) and budget for expenditure in the usual way.

B. BBQ’s where the Event Request Form, Room Booking Form (if applicable) and budget for expenditure are to be submitted to the DUSA support officer at least 1 week prior to the BBQ taking place.

(14) If the Club has not complied with paragraphs (12) and (13) then the event will not be approved. In this case, Club funds will not be made available for any expenses related to the event.

Acknowledgement of DUSA

(15) The Club must as far as practicable include the DUSA logo in the size specifications outlined by DUSA and an acknowledgement of DUSA support, in all material produced by the Club.

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Clubs & Societies Workshops

(16) To keep new and continuing Executives Officers up to date, the Executive Officers of the Club are required to attend workshops throughout the year.

(17) Executive Officers will be notified of training dates by DUSA via email. As a minimum, the President, Secretary and Treasurer of the Club are required to attend:

A. the club executive training workshop to ensure that their obligations together with the DUSA requirements are understood and met; and

B. an ‘AGM workshop’.

(18) If the President, Secretary or Treasurer of the Club fail to attend a compulsory workshop, the Club’s grant funding provided by DUSA may be cut in half for the Trimester in which the failure to attend takes place.

(19) If, for any reason, an Executive Officer cannot attend a compulsory workshop, they are required to follow up with an individual meeting with the Club’s DUSA support officer or the above restriction shall be put in place.

Use of Social Media

(20) Clubs, including their Members and Executive Officers, are expected to use social media responsibly and respectfully. Individuals will be solely responsible for all posts that they make on social media.

(21) When using social media, the following principles should be followed:

A. Be aware of the effect your actions may have on your image, as well as the Club’s and DUSA’s image. The information may be public information for a long time.

B. Use good judgement when posting material to ensure that it is neither inappropriate nor harmful to you, the Club or DUSA.

C. Examples of unacceptable social media conduct include posting commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile environment.

D. Do not publish, post or release any information that is considered confidential, private or not public.

E. If any social media post attracts press and media attention, such enquiries should be referred to DUSA.

F. Where an encounter using social media threatens to become antagonistic, disengage from the dialogue.

G. Appropriate permission should be obtained before referring to or posting images of current or former Club members, suppliers or sponsors.

H. Appropriate permission should be obtained to use a third party's copyrighted material, trade marks, or other intellectual property.

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4. Grievance Procedure

Part A

Dispute between Club and DUSA

(1) The grievance procedure in this Part A of Schedule 4 applies to disputes under this Constitution, the DUSA Clubs & Societies Charter and the DUSA Rules between a Club (including the Executive, its Executive Officers and Members) and DUSA.

(2) All disputes must first be notified in writing to DUSA management.

(3) The parties to the dispute must first attempt to resolve the dispute themselves for a period of at least 14 days from the date the dispute is known to all parties involved.

(4) If the parties are unable to resolve the dispute informally, a party may provide formal written notice of the dispute (including details of the dispute) to the other party. Upon receipt of the notice, the President (or another Executive Officer nominated by the President) on behalf of the Club and DUSA management must meet within 7 days of the date of the notice.

(5) If the parties are unable to resolve the dispute under paragraph (4) within 21 days of the relevant persons first meeting, the dispute will be referred to senior DUSA management for a determination, to be made within 14 days of the referral.

(6) If the Club does not accept the determination of senior DUSA management then the Executive (as a whole) may provide formal written notice to DUSA (to be signed by each Executive Officer) that it requires the matter to be referred to the DUSA Student Council to be dealt with according to the ‘Grievance Procedure’ set out in rule 18 of the constitution of DUSA (as amended or replaced from time to time).

(7) A determination made consequent upon the process set out in paragraph (6) will be final and binding on both the Club and DUSA.

Part B

Dispute between Executive Officers & Members

(8) The grievance procedure in this Part B of Schedule 4 applies to disputes under this Constitution, the DUSA Clubs & Societies Charter and the DUSA Rules between:

A. the Executive Officers;

B. any Executive Officer and any Member; and

C. any Members.

(9) The parties to the dispute must first attempt to resolve the dispute themselves for a period of at least 14 days from the date the dispute is known to all parties involved.

(10) Subject to paragraph (11), if the parties are unable to resolve the dispute, a party may provide formal written notice of the dispute (including details of the dispute) to the Executive. Upon receipt of the notice, the Executive and the parties to the dispute must meet within 7 days of the date of the notice. The Executive will endeavour to mediate a resolution between the parties to the dispute. Where an Executive Officer is a party to the dispute then such officer will be excluded from acting as a member of the Executive for the purposes of this paragraph (10).

(11) Where the dispute is such that the Executive cannot be considered to be a neutral party, paragraph (10) will not apply and the dispute will be dealt with under paragraphs (12) to (14).

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(12) If the dispute is unable to be resolved by mediation under paragraph (10) within 21 days of the start of the mediation or paragraph (11) applies, then a party may provide formal written notice of the dispute (including details of the dispute) to DUSA management. Upon receipt of the notice, DUSA management and the parties to the dispute must meet within 7 days of the date of the notice. DUSA management will endeavour to mediate a resolution between the parties to the dispute.

(13) If the dispute is unable to be resolved by mediation under paragraph (12), within 21 days of the start of the mediation, the dispute will be referred to senior DUSA management for a determination, to be made within 14 days of the referral.

(14) The determination of senior DUSA management made pursuant to paragraph (13) will be final and binding on the parties to the dispute.

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