NAME

1. The name of this body shall be "Australasian Council of Justices’ Associations". Hereafter referred to as “the Council”.

AIMS AND OBJECTIVES

2. (a) The aims and objectives of the Council shall be to provide a forum on matters of interest to Justices’ Associations in Australia and New Zealand for public discussion and debate on policy.

(b) The council shall be non-political and non-sectarian.

(d) This Council is set up with a primary role to facilitate meetings of Member Associations to hold discussions, workshops and forums to further the position, status and role of the honorary justices by making recommendations to the Member Associations to better the conditions for their members in particular and so honorary justices in general.

(e) That Member Associations be willing to support financially such items which are of mutual interest to the majority of Member Associations.

(f) That this body as a peak body give support to the Member Associations when called upon.

MEMBERSHIP OF THE COUNCIL

3. The membership of the Australasian Council of Justices’ Associations shall be those organizations that represent honorary justices in a jurisdiction, with the aims and objectives consistent with those of the Australasian Council of Justices’ Associations.

4. Any Association of Justices of the Peace, wishing membership of the Council shall need to apply in writing and be accepted by a two thirds (²/₃) majority of the existing Member Associations at a General Meeting.

5. Each Member Association shall be entitled to two (2) representatives to the Council. They shall be called Councillors.

6. That Councillors shall be honorary justices nominated by the member association.

7. Each jurisdiction shall have an equal number of votes at the time of voting.

8. The Registrar or other responsible Officer of each Member Association shall notify the Council from time to time of the names of the representatives of their Member Association.

9. No representative may be or remain a member the Council unless they are a financial member of a Member Association.

10. Any Member Association may withdraw from membership of the Council by giving to the Registrar of the Council at least three months' notice in writing of its intention to withdraw. Such Member Association shall cease to be a member of the Council unless in the meantime it has notified the Registrar in writing that its intention to withdraw has been retracted.

OFFICE BEARERS

11. The Office Bearers of the Council shall be a:

- President

- Vice-President

- Registrar

12. (a) The office of President shall be for a term of one (1) year. The President shall have a deliberative and a casting vote.

(b) The position of President of the Council shall rotate on a State-by-State basis, as detailed in Attachment 1.

(c). A member Association must be represented by attendance for at least one year prior to an appointment being made for vice President or the rotation of their Presidency lapses.

13. The position of Vice President of the Council shall rotate on a State-by-State basis. The Vice President being nominated by the Member Association that is next to having the office of President.

14. The Registrar of the Council shall be elected from the Representatives on Council by the Member Associations at a General Meeting, for a term of four (4) years.

15. Any representative who is a paid employee of any Member Association shall not be eligible to be nominated for any office on Council.

EXECUTIVE COMMITTEE/MANAGEMENT

16. The Office Bearers (Item 11) shall form the Executive Committee of the Australian Council of Justices’ Associations and, the management and control of the business and affairs of the Council shall be invested in the Executive Committee.

17. The Executive Committee shall carry out all matters determined by the Council in General Meetings.

18. All members of the Executive Committee shall take office immediately following the time that they are elected.

19. Any casual vacancy occurring in the Executive Committee shall be filled by a replacement representative of the Member Association whose representative previously occupied the position, until the next General Meeting.

GENERAL MEETINGS

20. General Meetings of the Council shall be held at such time and place as the Council determines.

21. Ninety (90) days' notice of the time and place of General Meetings shall be given in writing to Member Associations, by the host Association.

22. (a) General Meetings shall be to receive and consider the President and/or Registrar's report(s), Member Association’s reports, and to determine the Office-Bearers, and any Sub-Committees as it may be deemed to be necessary to appoint; and resolve notice’s of motion put forward to the meeting by Member Associations as qualified in Items 27 & 28.

(b) Member Association’s reports to be presented at the General Meetings shall be sent to the registrars of Member Associations 30 days prior to the meeting.

23. The President of the Council shall act as Chairman at each General Meeting, provided, however, that in his/her absence from any meeting the Vice-President shall preside.

24. In the absence of both President and Vice-President, the representatives at a meeting shall elect a Chairman from among their number. The Chairman shall have a deliberative and a casting vote.

25. At the conclusion of the business of a General Meeting as defined in Item 22, the Council may, with the acceptance of a two-thirds majority of States present, determine items of business without notice.

26. The Chairman of any meeting is authorised to sign the Minutes of all meetings read and confirmed thereat.

NOTICES OF MOTION

27. All Member Associations have the right to lodge notices of motion to a General Meeting.

28. Notices of motions to be determined in any General Meeting of the Council shall be given in writing to the Registrar not later than thirty (30) days prior to such meeting and the Registrar shall, within ten (10) days from their receipt thereof, forward a copy of such notices of motion to the Registrar of each Member Association.

MINUTES OF MEETINGS

29. Minutes of all meetings of the Council, including all resolutions and motions shall be taken, numbered and recorded in a Minute Book, held by The Registrar.

30. A copy of the Minutes of each meeting shall be made and forwarded to each representative and the Registrar of each Member Association within 30 days of the meeting taking place.

QUORUM OF THE COUNCIL

31. The quorum for General Meetings of Council, and resolution of business by correspondence as detailed in Items 32 - 37, shall be a two-thirds majority of the Member Associations of the Council.

COUNCIL BUSINESS DETERMINED BY CORRESPONDENCE

32. At any time, a Member Association has the right to propose a notice of motion to the Council, by forwarding it in writing to the Council’s Registrar. Such notices of motion must be signed by two executive members of the Member Association proposing the motion.

33. Notices of motion by correspondence shall be circulated by the registrar within 21 days and resolved by a vote in writing, being taken from the member states, signed by the Member Association’s representatives to the Council.

34. Notices of motion by correspondence shall be resolved by a two-thirds majority of the Member Associations of the Council.

35. Notices of motion by correspondence must be resolved within two (2) months of them being received by the Registrar of the Council.

36. Resolutions of Notices of Motion by correspondence shall have the same effect as they would have been resolved at General meeting of the Council.

37. Every resolution of notices of Motion by correspondence shall be recorded and numbered in the Minute Book of the Council and a copy forwarded to the Registrar of each Member Association.

RECORDS OF COUNCIL

38. The Records of the Association includes the:

- Constitution;

- Register of Members;

- Record of Office Bearers;

- Minute Book(s);

- Records of Correspondence;

- Archival Financial Records.

39. The Registrar shall be the custodian of and be responsible for the Records and documents of the Council.

40. (a) The Records of the Council shall be available for inspection to any Member of the Council by appointment.

(b) Copies or an extract can be taken from the records but no one shall have the right to remove the records for that purpose.

SUB-COMMITTEES

41. The Council may appoint a Sub-Committee for any particular purpose.

42. Sub-Committees are only empowered to make recommendations to the Council for its consideration.

43. The members of Sub-Committees need not necessarily be representatives of the Council.

OBSERVERS AT MEETINGS

44. Observers are able to be present at General Meetings of the Council. Observers must

(a) be a Justice of the Peace or Bail Justice.

(b) be a representative of a regularly organised association with a written constitution.

(c) be accepted by the presently affiliated Member State association, although such acceptance not to be arbitrarily withheld.

(d) be accepted by a majority of the Council. Telephone notification of approval or otherwise shall be acceptable.

(e) speak only with the permission of the Chairman.

(f) leave the meeting room if directed by the Chairman.

AMENDMENT OF THE CONSTITUTION

45. Any amendment to the Constitution of the Council shall be made by resolution passed by two-thirds majority of the Member Associations represented on the Council, and subject to at least forty (40) days' notice of Motion having been given by the proposer(s) and received by the Registrar.

46. The Registrar shall, within twenty (21) days from their receipt thereof, forward a copy of notice(s) of motion to amend the Constitution to the Registrar of each Member Association.

POLICY DOCUMENT

47. The Council shall have a Policy Document which can be changed by a simple majority at a general meeting.

WINDING UP OF COUNCIL

48. The Council may be dissolved at any time at a meeting convened for that purpose, after not less than two (2) months notice of the intention to move a resolution for the dissolution of the Council shall have been given to each of the constituent Member Associations.

49. Any assets of the Council remaining after its dissolution thereof shall be returned to the Members Associations as determined by the meeting.

ENDS

Attachment 1

ROTATION

The future Rotation of the President (as adopted at the Annual General Meeting of the ACJA, 13 October 2001)

Year President Venue

2004.......................................... Northern Territory.................................................... Northern Territory

2005.......................................... Western Australia.................................................... Western Australia

2006.............................................. Queensland............................................................ Queensland

2007................................... Australian Capital Territory....................................... Australian Capital Territory

2008............................................ South Australia....................................................... South Australia

2009................................................ Tasmania................................................................ Tasmania

2010.................................................. Victoria.................................................................... Victoria

2011.......................................... New South Wales.................................................... New South Wales

2012............................................. New Zealand........................................................... New Zealand

2013.......................................... Northern Territory.................................................... Northern Territory

2014.......................................... Western Australia.................................................... Western Australia

2015.............................................. Queensland............................................................ Queensland

2016................................... Australian Capital Territory....................................... Australian Capital Territory

2017............................................ South Australia....................................................... South Australia

30 September 2008

ENDS

POLICY DOCUMENT

Note to Policy Document

This document has been created to help direct the work of the ACJA. The information contained herein will set out the guidelines for its operation and the way in which the officers will perform.

This policy document can be changed at a general meeting by a simple majority.

Aims & Objectives

The Council is to facilitate meetings of Member Associations to hold discussions, workshops and forums to further the position, status and role of the honorary justices by making recommendations to the Member Associations to better the conditions for their members in particular and so honorary justices in general.

Role of the Council

The primary role of the Council is to facilitate meetings between Member Associations for holding discussions, workshops and forums that seek to further the position, standing and role of Justices of the Peace in Australian jurisdictions.

The Council can make recommendations to the Member Associations on matters relevant to the position, standing and role of Justices of the Peace, or to advance the conditions for their members, but cannot make decisions or resolutions binding on Member Associations. Agreement to recommendations of the Council is a matter for consideration by the Executive/Committee of the Member Associations.

Association Membership

The current list of association members are:

§ ACT Justices of the Peace Association Inc.;

§ Northern Territory Justices’ Association Inc.;

§ Royal Association of Justices of South Australia Incorporated;

§ Royal Association of Justices of Western Australia (Incorporated);

§ Royal Victorian Association of Honorary Justices;

§ The New South Wales Justices' Association Limited;

§ The Queensland Justices' & Community Legal Officers' Association;

§ The Tasmanian Society of Justices of the Peace Inc. (Sth Tas)

§ The Honorary Justices Association of Tasmania (Nth Tas)

§ Association of Justices of the Peace and Commissioners for the Declarations Inc. (Nth Qld)

§ The Royal Federation of New Zealand Justices’ Associations Inc.

Membership Eligibility

Membership eligibility shall be those organizations that represent honorary justices in a jurisdiction, with the aims and objectives consistent with those of the Australasian Council of Justices’ Associations.

Applications must include a copy of the constitution, certificate of incorporation, membership details, executive details and any other information determined by the executive of the ACJA.

The Registrar will review the application and accompanying information and prepare a Notice of Motion, incorporating a recommendation, for resolution by the Council either at a General Meeting or by correspondence. If the Registrar recommends membership be granted, the Notice of Motion must include a Notice to amend clause 3 of the Constitution.

Any Member Association wishing to object to the admittance of a prospective member shall notify the Registrar as soon as possible of their intention to do so, and provide a Statement of Reasons to support their view.

Membership will be considered at a later time for acceptance of countries within Oceania.

Commissioners for Declarations can be members, so long as the aims and objectives were consistent with those of the ACJA. A view was expressed that Commissioners can not be accepted as Representatives on the ACJA.

Voting Rights

Each jurisdiction will have an equal number of votes at every time of voting.

Awards

A system of making awards to Representatives, for long service to the ACJA.

Standardisation

It is the desire of the ACJA to work towards a national standardization of statutory declarations and affidavits.

Title

As the ACJA is a council the representatives from each member association shall be called Councillor.

Local Jurisdictions

The ACJA can only recommend any actions through the local association. The rights of the local State & Territory association is paramount.

ACJA Records

The present archives are kept by the Royal Victorian Association of Honorary Justices. The responsibility of keeping the records of the ACJA is with the Registrar.

President’s Role

The main role of the President of the ACJA is that of chairing the Annual General Meeting held each year. As the appointment of honorary justices is in the hands of the States & Territories governments, it is the local associations who still hold the power and any motions from the ACJA can only be recommendations to the member associations. Mostly the ACJA is a forum for exchange of ideas and views. As such, the role of president is not seen as a priority to be a spokesperson for the group of collected associations.

Hosting the AGM

The President must, during his/her term of office ensure that arrangements are made to host the upcoming AGM in their State or Territory. This is mandatory. The president usually arranges for a package deal for representatives for accommodation and may arrange for some person of “note” to open the AGM. The president may also arrange for a cocktail event and/or dinner around the time of the meeting, but this is in addition to the normal running of the event. On some occasions, the host has provided the opportunity to have a day trip around the area either on the Friday or Thursday before the meeting. Details must be sent to the Registrar, well in advance, to send around the Representatives.

Booking for accommodation is not the role of the Registrar. The host association may become involved, or simply invite representatives to make a direct booking, after providing details of a package. RSVP for the add-on events is the role of the host association. The Registrar must be kept up to date as to registrations. RSVP or registration for the official AGM is automatic as it is the responsibility of each association to inform the Registrar if there is any change to the representatives for their association (see constitution).

The date of the AGM may be suggested by the incoming president, but usually the date of the AFL grand final is not used, or any other major event, such as the Commonwealth Games or Olympics if held locally. The ACT chose the time of the Floriade festival when they hosted the AGM last, so that partners could enjoy the beauty of the area, while the meeting was being held. Early booking is essential when this is planned.

It is a great help to inform the meeting prior to the hosting AGM, to inform all present of at least the date of the meeting and in which city/town it will be held. In the past, some presidents have provided the name of the venue, for both the meeting and accommodation, which will give special discounts for the representatives. Also a tourist kit may also be supplied at this time.

Certainly, the venue details must be provided to the Registrar 9 months in advance of the meeting to allow early bookings to be made.

Meeting Details & Agenda

The Registrar arranges for the collection of agenda items and puts the agenda together, usually with consultation with the President. The meeting arrangement, with the exception of the venue, tea & coffee and meals, are the role of the Registrar.

The Executive

The President, together with the Vice President and Registrar make up the executive who are charged with making decisions should they arise throughout the year. Generally, over many years, there has not been any reason to do so. Issues can normally wait until the AGM when all representatives may come together. This may change in the future.

Most Past Presidents have chaired the AGM, arranged to host the AGM and sometimes been available with the Vice President and Registrar to make decisions between meetings.

Visitation

Very few presidents have visited other States and Territories during their term of office. This is done as a goodwill visit to showcase the existence of the ACJA.

Summary

Therefore the 2 main roles of the President are to chair the AGM and host the meeting having made the arrangements for it to be held. Communication must always be done through the Registrar (see constitution).

All these traditions, agreements and items from the constitution have been made over a period of time. They may be changed with the approval of the member associations.

Registrar’s Role

The position of the ACJA Registrar is the only office bearer which is elected. The period of election is for four years. The position is an honorary one and it has been the practice, since the new constitution adopted unanimously in 2002, that he/she covers any costs themselves or is reimbursed by their association.

Minutes

The Registrar is responsible for taking and keeping the minutes of all meetings. Minutes will be sent out electronically within 30 days after each meeting. This will also include any reports generated in or for any meeting.

Agendum

The Registrar will in concert with the President produce the agenda for each meeting. He/she will also seek notices of motion for meetings.

Correspondence

The Registrar is responsible for all correspondence for the ACJA.

Records

The Registrar will maintain all records for the ACJA and is the custodian of them.

Honour Board

The Registrar will keep the Honour Board up to date and seek reimbursement from every member association for any costs. This arrangement was agreed to by all member associations.

Non-partisan

The ACJA shall not endorse any political group or any particular faith or religion.

Finance

The ACJA shall not directly become involved in finance. They shall not impose any membership or joining fees. Any reimbursement may be sought by the Registrar for out of pocket expenses such as updating the honour board.

Local associations may charge reasonable fees or charges for expenses for holding an AGM.

Presidency Rotation

A rotational system has been created to allow every jurisdiction to have their turn as President and so host an AGM. (see constitution) The member association must be represented on the council for at least one year prior to their appointment as Vice President. Once being accepted as the Vice President, the Vice President automatically becomes the President. Once being appointed, the local association cannot change their mind as to who is the President, unless the nominee becomes unavailable; when the local association will be asked to nominate a replacement.

The ACJA has in the past fitted in with adjusting the rotational system where an association may like to align their turn with a special event such as their centenary. Adjustments have also been made for a newly accepted member State/Territory/Country to have their turn as son as possible after joining. This does not include another association from the same State.

Where more than one association operates within a State/Territory/Country it is up to all associations to work together to inform the ACJA the arrangements for their jurisdiction. Should they be unable to work together, they will loose their turn.

Sub-Committees

In accordance with Clause 41-43 of the Constitution, the Council may at any establish a sub-committee for a particular purpose. A sub-committee may be established by resolution at a General Meeting or by the Executive Committee, as may be seen necessary from time to time to promote the work of the Council or to work on special projects.

A sub-committee:

· will be given a specific reference, including a reporting date prior to the next Council General Meeting;

· undertake such investigation or analysis as may be necessary to determine a sound position on the subject;

· prepare a report to the Council, incorporating a recommendation, for resolution by the Council either at a General Meeting or by correspondence; and

· give a brief presentation on the subject and recommendations to the next available General Meeting.

· A convenor will be appointed at the meeting where the sub-committee is formed.

Unless otherwise specified in the relevant terms of reference, a sub-committee:

· may conduct its business by correspondence;

· shall provide a draft report to the Registrar for distribution to, and consideration by, Member Associations within six months of the sub-committee’s establishment;

· shall consider the written comments received from Member Associations in preparing its report to the Council.

Member Associations will respond in writing to requests for comment by a sub-committee in accordance with any reasonable timeframe set by the sub-committee, but in any case, within three months of the request.

Business at Meetings

In accordance with Clause 41-43 of the Constitution:

‘General Meetings shall be to receive and consider the President and/or Registrar's report(s), Member Association’s reports, and to determine the Office-Bearers, and any Sub-Committees as it may be deemed to be necessary to appoint; and resolve notice’s of motion put forward to the meeting …’

To allow for as much time as possible to be put towards the business and affairs of the Council (including considering motions and conducting fora and workshops), routine business of the General Meeting will be conducted on an exception basis. This includes consideration of business such as:

· acceptance of observers;

· apologies;

· minutes;

· correspondence; and

· routine member association reports.

This requires that relevant reports, including all Member Association reports, be circulated prior to the meeting. There will be a presumption that all circulated material has been read by the attending representatives.

At a General Meeting, attending representatives will not be required to read out the reports from their Member Associations, although time will be available to raise matters of particular importance and to respond to questions.

Any resolutions of the Council determined through correspondence will be recorded and ratified at a General Meeting.

Correspondence and Reports

All correspondence and reports for consideration at a General Meeting shall be provided to the Registrar for necessary action, and inclusion on the meeting agenda as relevant. This will allow the Registrar to maintain an appropriate record of actions required and completed, and to follow-up outstanding items. All correspondence and reports are to be submitted in electronic format (where possible as PDF format files) to allow inexpensive, simple and practical circulation.

The Registrar may, from time to time, correspond with Member Associations and/or nominated delegates and observers regarding agreed deadlines and to follow-up outstanding items.

General Meeting – Hosting

In accordance with Clause 21 of the Constitution:

‘Ninety (90) days' notice of the time and place of General Meetings shall be given in writing to Member Associations, by the host Association.’

To ensure that sufficient time is allowed for Member Associations to participate fully in, and prepare for, attendance at Council General Meetings, it is highly desirable that notice of the details for the General Meetings is provided at the earliest possible date.

Wherever possible, the incoming President should announce the proposed dates for the next General Meeting at the time of his or her appointment. In proposing a date for the meeting, Member Associations may give consideration to:

· maintaining the pattern of recent meetings (typically, meetings take place in September or October);

· avoiding major sporting events such as football grand finals;

· taking advantage of any close public holiday to give interstate delegates and guests to extend their visits without the need to take extensive leave from work or other commitments; and

· coordinating the meeting to coincide with any local festivals or other events likely to be of interest to interstate delegates and guests.

The hosting jurisdiction should keep the Registrar informed of the detailed plans, including the venues and accommodation options.

Registrations (with any associated payments) should be made directly to the host Association, to allow the host to make necessary arrangements for catering etc. The host Association should promptly advise the Registrar of registrations received.

Accommodation bookings should generally be made directly by Member Associations or attending representatives, subject to any instructions from the host Association.

The Registrar, in consultation with the President and Vice-president, will prepare an agenda for the General Meeting and coordinate papers to be presented and/or discussed at the General Meeting.

Managing Council Business

The Executive Committee is empowered under the Constitution to manage and control the business and affairs of the Council. To ensure the various tasks needed to manage the business of the Council and the General meetings are undertaken in an efficient manner that reasonably apportions the workload, the Executive Committee may establish positions to manage and undertake particular activities.

Such positions may include (but are not limited to):

Website Manager – responsible (under direction and approval of the Executive Committee) for managing the Council’s website. This would include managing content to ensure it is correct and up-to-date, occasional reviews to ensure the structure and presentation of the site are consistent with good practice, trouble-shooting, and so forth.

Reports Director – responsible for ensuring that all annual member association reports and sub-committee reports, are sent in on time for circulation to all member associations and representatives by the Registrar.

Workshop Director – responsible for sourcing and compiling agenda items for workshops and fora undertaken as part of a General Meeting. the Workshop Director would collate the agenda items and arrange for a voluntary facilitator to run the sessions.

Minute Secretary – responsible for taking the minutes, preparing draft minutes in an electronic form and circulating them to all Member Associations and representatives.

All delegated positions shall closely liaise with the Registrar to ensure the Executive Committee is informed of progress regarding their particular responsibilities.

Michael Cheshire JP

2008

ACJA Constitution

RECORDS OF COUNCIL