Page 1443 - Week 05 - Wednesday, 11 May 1994

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We may well ask, Madam Speaker, what special resolutions are. Section 70 of the Associations Incorporation Act states:

A resolution of an incorporated association shall be taken to be a special resolution if -

(a) it is passed at a general meeting of the association, being a meeting of which at least 21 days notice, accompanied by notice of intention to propose the resolution as a special resolution, has been given to the members of the association;

 ... ... ...

They are therefore resolutions about serious or significant matters with which an annual general meeting or national conference of a federated association would be concerned.

I have had personal experience, Madam Speaker, of being one delegate of four from the ACT Council of P and C Associations to the Australian Council of State School Organisations national conference on more than one occasion, so I understand well how these matters arise and how they can be addressed. The affiliates of the Australian Council of State School Organisations are a series of State and Territory affiliates which have equal representation at national conference level. Securing three-quarters of the member associations' votes regarding a special resolution is a very different matter from securing three-quarters of the votes of delegates present.

I further understand, Madam Speaker, that one of the key organisations seeking these changes to the Associations Incorporation Act is the National Union of Students. Apparently delegates attending national conferences or annual general meetings are free to vote as they wish - a very commendable practice. However, I would caution any national or federated association which may see the changes to the Act as an opportunity to push through votes or special resolutions more easily than they may have done in the past. I believe that matters of special resolution are best resolved by consensus rather than by vote, which - following these changes to the Act - may be perceived to be easier to achieve.

In conclusion, Madam Speaker, while the proposed changes to the Associations Incorporation Act appear at first glance to be eminently reasonable, I sincerely trust that the changes will not be the prelude to vociferous divisive debates at national conference and annual general meeting level, which may lead to the perceived disenfranchisement of a number of people previously not placed in that position.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.


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