| Constitutional Amendments Required |
15 April 2011
Recently a letter was sent to all General Managers of member councils outlining proposed amendments to the Water Directorate?s Statement of Objects and Rules. The letter asked the General Managers to participate in a postal ballot to approve/disapprove of the amendments.
Our current Statement of Objects and Rules (Constitution) was adopted following our incorporation as an association on 4 December 2002 and no changes have been made since that time. However, on 1 July 2010 the new Associations Incorporation Act 2009 and Associations Incorporation Regulation 2010 commenced. This new legislation outlined three requirements that must be undertaken:
- Amend the title ?Statement of Objects and Rules of the Water Directorate? to ?Constitution of the Water Directorate?;
- Amend the definition of ?Constitution? in Rule 1 to reflect the new title; and
- Remove the requirement for the use of a common seal in Rule 20.
In addition to the three mandatory changes above, we have also proposed seven other amendments to clarify and/or update clauses. A full list of the ten proposed amendments is available to download here.
According to our current Statement of Objects and Rules a postal ballot needs to be held to approve of any changes to the Constitution and this postal ballot must receive 75% approval from General Managers before the amendments are accepted. The amendments must also be passed by a special resolution of the Executive Committee.
The letter advising all General Managers of these amendments was posted on 12 April 2011. The next meeting of the Executive Committee is scheduled for Wednesday 18 May 2011. Therefore the requirement for 21 days notice prior to a special resolution and the requirement that the postal ballot is open for at least one month have both been satisfied.
We would appreciate your Council?s cooperation with this process and ask that you remind your General Manager to fax his/her postal ballot to the Returning Officer prior to COB on Friday 13 May 2011. If you have any queries please contact Gary Mitchell
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