PLC Sydney Ex-Students Union
Constitution Version 2021
Presbyterian Ladies' College Sydney Ex-Students’ Union Constitution
Contents 1.
Name............................................................................................................... 3
2.
Definitions ...................................................................................................... 3
3.
Interpretation ................................................................................................. 4
4.
Objects ........................................................................................................... 4
5.
Membership ................................................................................................... 4
6.
Cessation of Membership ............................................................................. 5
7.
Resignation of Membership .......................................................................... 5
8.
Register of Members ..................................................................................... 5
9.
The Committee ............................................................................................... 6
10.
Composition and Membership of Committee .............................................. 6
11.
Election of Committee Members .................................................................. 7
12.
President ........................................................................................................ 8
13.
Vice-President(s) ........................................................................................... 8
14.
Ex-Students’ Office Representative(s) ......................................................... 8
16.
Treasurer ........................................................................................................ 9
17.
Committee Meetings...................................................................................... 9
18.
Sub-Committees .......................................................................................... 11
19.
Annual General Meetings ............................................................................ 11
20.
Special General Meeting ............................................................................. 12
21.
Adjournment of Meetings............................................................................ 12
22.
Technology at Meetings .............................................................................. 12
PLC Sydney Ex-Students’ Union Constitution
23.
Voting and Decisions at Meetings .............................................................. 12
24.
Discipline of Members ................................................................................. 13
25.
Grievance Procedure ................................................................................... 13
26.
Changes to the Constitution ....................................................................... 14
27.
Funds............................................................................................................ 14
28.
Finance ......................................................................................................... 14
29.
Winding up or Cancellation ........................................................................ 15
30.
Other ............................................................................................................. 15
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1.
Name
1.1
The name shall be the "Presbyterian Ladies' College Sydney Ex-Students' Union" (ESU), known as PLC Sydney Ex-Students, herein referred to as ESU
2.
Definitions
2.1
Unless contrary intention appears from the context: “College” means Presbyterian Ladies’ College, Sydney. “Constitution” means this Constitution of the ESU. “Committee” means the Committee of the ESU elected in accordance with this Constitution. "Ex-Students" means students who attended the College at any time as an enrolled student. “Ex-Students’ Office” means the department within the College who oversee ExStudent relations. “Ex-Students’ Office Representative(s)” means person(s) employed by the College to oversee Ex-Student relations and subject to the terms of any employment contract between the individual representative(s) and the College. “Financial Statements” means the Statement of Financial Performance, Statement of Financial Position, Statement of Cash Flows and notes there to. “Honorary Member” means a person who is a member of the ESU pursuant to clause 5.3, who is not required to pay a Membership Fee and is not entitled to vote on the affairs of the ESU. “Independent Auditor” means an auditor appointed by the Committee. “Jersey Day” means the Ex-Students’ flagship event held in March each year. “Member” means the Committee Members and/or Members of the ESU. “Membership Fee” means such amount for membership of the ESU as the Committee determines from time to time. “Office Bearer” means the President, Vice President(s), Secretary, Assistant Secretary, Treasurer and Assistant Treasurer who are elected to the ESU at each Annual General Meeting. “Ordinary Committee Member” means a Member of the Committee who is not an Office Bearer of the ESU.
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3.
Interpretation
3.1
This Constitution is taken to constitute the terms of a contract between the Committee and its Members.
3.2
Any dispute as to the meaning of this Constitution must be referred to the Committee for determination. If the Committee is unable to resolve the dispute, it will be dealt with in accordance with the mechanism set out in Clause 25.
3.3
In the event of anything occurring not mentioned in the scope of this Constitution, the Committee shall have the power to deal with it at their discretion, and their decision shall be binding upon the ESU.
4.
Objects
4.1
The objects of the ESU are: (a)
to facilitate and strengthen peer-to-peer connections between Ex-Students and to the College, through a range of programs, events and channels, and to communicate Ex-Student news;
(b)
to promote, foster, and maintain loyalty to the College among Ex-Students and the wider College community, including encouraging legacy enrolments and philanthropic support for the College;
(c)
to maintain strong working relationships with College staff, particularly those appointed to the Ex-Students’ Office, and provide support to the College to achieve its strategic aims and objectives; and
(d)
to financially support programs and activities that facilitate the objects outlined in this Constitution, including responsible management of Membership Fees for appropriate Ex-Student use, contribution to College infrastructure, Speech Day prizes and an annual financial scholarship(s).
5.
Membership
5.1
All Ex-Students applying to be a Member must have attended the College.
5.2
All Ex-Students who commenced and attended the College in 2017 or in subsequent calendar years will be a Member unless they resign.
5.3
The Committee may appoint a person to be an Honorary Member of the ESU if: (a)
the person has been a staff member at the College, past or current;
(b)
the person has been a foreign exchange student who has attended the College; or
(c)
the person is such other person as the Committee deems fit.
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5.4
The Committee reserves the right to refuse any application if the individual is deemed unfit for membership.
5.5
The Membership Fee is a one-off, non-refundable payment. The Committee, in their discretion, may adjust it from time to time and/or refund in exceptional circumstances.
5.6
For all students who joined the College prior to 1 January 2017, the Membership Fee is included as an optional payment in the final Year 12 account for that student.
5.7
For all students who joined the College after 1 January 2017, the Membership Fee is incorporated into the enrolment fee.
5.8
All Membership Fees are paid to the College, and the College transfers Membership Fees to the ESU on a regular basis.
5.9
Upon payment of the Membership Fee, entry into the Register, and after they have left the College, the person will become a Member of the ESU.
5.10
A right, privilege or obligation which an Ex-Student has by reason of being a Member of the ESU: (a)
is not capable of being transferred or transmitted to another person, and
(b)
terminates on cessation of the Member's membership.
5.11
The Secretary will work with the Ex-Students’ Office Representative to enter or cause to enter the applicant’s name into the Register of Members and, on the name being entered, the applicant becomes a Member of the ESU.
6.
Cessation of Membership
6.1
A person ceases to be a Member of the ESU if the person: (a)
dies; or
(b)
resigns from Membership, as set out in Clause 7; or
(c)
is expelled from the ESU, as set out in Clause 24.
7.
Resignation of Membership
7.1
A Member may resign from the Membership of the ESU by providing the Secretary written notice of at least one (1) week of their intention to resign and, on the expiration of the period of notice, the Member ceases to be a member.
7.2
The Secretary or Ex-Students’ Office Representative must make or must cause to make an appropriate entry in the Register of Members recording the date on which the Member ceased to be a member.
8.
Register of Members
8.1
The Secretary will work with the Ex-Students’ Office Representative to keep and maintain a Register of Members of the ESU in which the full name, address (residential and/or email) and date of entry of each Member will be entered, along with the year they
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commenced at the College and their graduating year. Committee positions and corresponding dates held will also be entered into the Register. 8.2
The Register must be maintained in electronic form which must be convertible into hard copy.
8.3
The Register will be kept and owned by the College.
8.4
The Committee may only use information from the Register to contact or send materials to the person for the purposes of sending an ESU newsletter, notice of a meeting or other event, or material relating to the ESU.
8.5
A Member shall be entitled to access their own information contained in the Register on written request to the Secretary or the Ex-Students’ Office.
9.
The Committee
9.1
Subject to the Constitution, the Committee has full power, jurisdiction and authority to do all things necessary to carry out the business, affairs and objects of the ESU.
10.
Composition and Membership of Committee
10.1
The Committee of the ESU may consist of: (a)
a President;
(b)
two (2) Vice-Presidents;
(c)
a Secretary;
(d)
an Assistant Secretary;
(e)
a Treasurer;
(f)
an Assistant Treasurer;
(g)
an Ex-Students’ Office Representative; and
(h)
such number of ordinary Members to make up a maximum Committee total of fifteen (15) persons.
Each of these Committee Members, except (g) are to be elected at the Annual General Meeting of the ESU under clause 11.
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10.2
At any given time, the Committee must comprise of a President, Vice President, Secretary and Treasurer. If any of these positions become vacant, the vacancy shall be filled by the Committee via a simple majority vote.
10.3
The Ex-Students’ Office Representative(s) is entitled to hold the position of a voting Committee Member.
10.4
The Ex-Students’ Office Representative(s) will, if they are a Member of the ESU, be eligible for any additional positions on the Committee except the positions of Treasurer or Assistant Treasurer.
10.5
Office bearers and ordinary Committee Members will hold office until the conclusion of the Annual General Meeting first convened after their election.
10.6
No office bearer shall continue in the same office for more than three (3) consecutive years.
11.
Election of Committee Members
11.1
Any Member of the ESU may nominate a Member (including themselves) for election to the Committee at the Annual General Meeting.
11.2
Nominations of candidates for election as Committee Members must be: (a)
made in writing using the ESU Committee Nomination Form;
(b)
signed by two (2) Members and accompanied by written consent of the candidate; and
(c)
in the hands of the Secretary three weeks prior to the Annual General Meeting.
11.3
If the numbers of nominations for respective positions on the Committee do not exceed the number of vacancies, the candidates nominated are taken to be elected. Further nominations may then be proposed and seconded at the Annual General Meeting.
11.4
If the number of nominations received for each position is equal to the numbers of vacancies to be filled, the persons nominated are taken to be elected.
11.5
If the number of nominations received exceeds the number of vacancies to be filled, the election of each Committee Member will be an exhaustive ballot to be decided between all candidates eligible for election in accordance with the following rules:
11.6
(a)
if any candidate receives a simple majority of formal votes cast, such candidate will be elected to office; and
(b)
if two or more candidates receive an equal number of votes, the Committee will have a second and casting vote and the candidate who receives a simple majority will be elected. If the candidates receive an equal number of votes again, then the President will have a third and final casting vote.
Voting facilities shall be provided to Members by the Secretary two (2) weeks prior to the Annual General Meeting. Members shall receive a link via email to an online voting platform. Postal voting forms shall be sent to those who do not have access to appropriate technology for electronic voting.
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11.7
All votes (electronic and postal) for Committee Members must be in the hands of the Secretary one week prior to the Annual General Meeting.
11.8
The elected Committee Members shall be announced at the Annual General Meeting.
11.9
Subject to the conditions of Clauses 10.6 and 11.10, all Committee Members shall be eligible for re-election.
11.10 Any President, Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer may only serve a maximum of three (3) years in any one term of office, although the incumbent office bearer can be elected to the same position again any number of times, provided that at the conclusion of each of the maximum terms another person serves a term of office. 11.11 No Member will be eligible for election to any office on the Committee other than that of an ordinary Member until a minimum of one year has been served as an Ordinary Committee Member. 11.12 Newly elected Office Bearers and Ordinary Committee Members will assume office immediately after the Annual General Meeting. As soon as they are elected or appointed to the Committee, each Committee Member must become familiar with this Constitution.
12.
President
12.1
The President will represent the Ex-Students and the Committee and will chair each meeting.
13.
Vice-President(s)
13.1
The Vice-President(s) will carry out the functions of President in the President’s absence or under delegation by the President.
14.
Ex-Students’ Office Representative(s)
14.1
A representative(s) will be appointed by the College and subject to the terms of any employment contract between the representative and the College. By virtue of their role, the representative must attend Committee meetings and provide a written report at each Committee Meeting.
14.2
The Ex-Students’ Office Representative will hold the position of a voting Committee Member.
14.3
The Ex-Students’ Office Representative will work in conjunction with the Committee to fulfil the objects of this Constitution, whilst supporting the College in the achievement of the College’s aims.
14.4
The Ex-Students’ Office Representative shall work with the Committee to keep and maintain the Register of Members and manage communications and papers belonging to the ESU, and generally work with the Committee to perform such duties to fulfil the objects of this Constitution.
15.
Secretary
15.1
The Secretary must: (a)
work with the Ex-Students’ Office Representative to maintain the Register of Members.
(b)
keep minutes of: (i)
all appointments of office bearers and Committee Members;
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(ii)
the names of Committee Members present at a Committee Meeting and Annual General Meeting; and
(iii)
all proceedings at Committee meetings and Annual General Meetings.
(c)
ensure the minutes of proceedings at Committee meetings are signed by the chair of the meeting or by the chair of the next meeting. The signature of the chair may be affixed by electronic means.
(d)
ensure the approved minutes are published to the Committee as soon as practicable after each committee meeting.
(e)
ensure the College is provided with copies of all financial statements and records, books and documents of the Committee, and ensure the College keeps custody of such documentation for at least seven years after transactions covered by the records are completed. Records are to be submitted to the College Archives yearly.
(f)
provide Members with access to minutes of the Annual General Meetings or other books and documents when requested; and
(g)
oversee inductions of new Committee Members.
16.
Treasurer
16.1
The Treasurer must: (a)
ensure all monies belonging to the ESU are collected and received, and that all payments authorised by the Committee are made; and
(b)
keep true and accurate books and accounts showing the financial affairs of the ESU, including full details of all receipts and expenditure connected with the activities of the ESU; and
(c)
present a written report at the Annual General Meeting.
16.2
When a vacancy arises for an independent auditor, the Treasurer shall submit alternatives from which the Committee Members shall choose.
17.
Committee Meetings
17.1
The Committee will meet as often as is necessary to conduct its business. A minimum of four (4) meetings must be held annually, convening at least once a school term.
17.2
The quorum at a meeting of the Committee will be sixty (60) percent of total Committee Members.
17.3
The Committee may grant a Committee Member leave of absence from Committee meetings for a period not exceeding three months. Any Committee Member absent from three (3) consecutive meetings, shall cease to be a Committee Member and the vacancy shall be filled by the Committee.
17.4
Committee Meetings will be scheduled for the year and notice of the meetings shall be provided to every Committee Member at the beginning of each calendar year and no later
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than thirty (30) days prior to each meeting. Notice will be provided by the Ex-Students’ Office Representative. 17.5
The agenda and accompanying written reports shall be provided to every Committee Member by the Secretary during the week prior to each meeting.
17.6
The President shall preside at all Committee Meetings. In the absence of the President, one of the Vice-Presidents shall preside and perform the duties of the President. If neither the President nor a Vice-President is present, one of the remaining Members of the Committee chosen by the Members present at the meeting is to preside.
17.7
The business of the Committee Meeting will include: a) the confirmation of the minutes of the previous Committee Meeting and any Special Meetings held since that meeting; b) the President’s report including activities of the ESU since the previous Committee Meeting; c) the Treasurer’s report of the Financial Statements of the ESU, since the previous Committee Meeting, which documents will be circulated with the agenda; and d) any other business.
17.8
The Secretary or delegated Committee Member must ensure that minutes are taken and kept of each Committee Meeting.
17.9
The minutes must record the following: a) the names of the Members in attendance at the meeting; b) the business considered at the meeting; and c) any resolution on which a vote is taken and the result of the vote
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18.
Sub-Committees
18.1
The Committee may establish and delegate to one or more Sub-Committees as necessary, to exercise any of the functions of the Committee.
18.2
Sub-Committees will consist of a convener from the Committee, and any other Members that the Committee deems fit.
18.3
The quorum at a Sub-Committee meeting will be three (3) Members.
18.4
A Sub-Committee may meet and adjourn as necessary. The Convenor of the SubCommittee is to preside at each meeting of a Sub-Committee.
18.5
The Sub-Committee Convenor shall report the Sub-Committee affairs to the Committee at each Committee Meeting.
19.
Annual General Meetings
19.1
The Annual General Meeting shall be held on Jersey Day each year or on the nearest convenient day, provided that it is held before 30 June each year.
19.2
A quorum for the Annual General Meeting must consist of ten (10) Members.
19.3
Notice of the Annual General Meeting, together with a request for nominations for office bearers and Committee Members, shall be provided to every Member at least six (6) weeks prior.
19.4
The business of the Annual General Meeting will include: a) the confirmation of the minutes of the preceding Annual General Meeting and any Special General Meetings held since that meeting; b) the President’s annual report including activities of the ESU during the preceding year; c) the Treasurer’s report of the Financial Statements of the Committee and the independent auditor’s report, which documents will be circulated with the agenda; d) the appointment of the independent auditor if there is a vacancy; and e) any other business.
19.5
Should any Member desire to have a matter included in the agenda of a meeting, the Member will give written notice to the Secretary no less than thirty (30) days prior to the meeting.
19.6
The agenda for the meeting will be provided to each Member by the Secretary at least twenty-one (21) days prior to the meeting.
19.7
The Secretary shall take the minutes and must record the following: a) the names of the Members in attendance at the meeting; b) the business considered at the meeting; and c) any resolution on which a vote is taken and the result of the vote.
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20.
Special General Meeting
20.1
The Committee or the President, on the written request of not less than ten (10) Committee Members, shall call a Special General Meeting, the object of which shall be expressed in the request.
20.2
A quorum for a Special General Meeting must consist of twenty (20) Members.
20.3
Notice of a Special General Meeting shall be provided in writing to every Member at least one (1) week in advance. The notice must: a) state the purpose of the meeting; b) be signed by the members requesting that meeting; and c) be lodged with the Secretary.
21.
Adjournment of Meetings
21.1
No business is to be transacted by the Committee unless a quorum is present.
21.2
If a quorum is not present within half an hour of the appointed meeting time, the meeting will be adjourned to a mutually agreed date, as soon as possible. All Committee Members will be officially notified of the new date and time.
22.
Technology at Meetings
22.1
The Committee may hold its Committee Meetings, Sub-Committee meetings and Annual General Meetings using technology approved by the Committee that allows members to clearly and simultaneously communicate with other participating Members.
22.2
For the avoidance of doubt, Committee Members and Members attending a meeting using that technology will be taken to be present and, if the Member votes at the meeting, that Member’s vote is accepted.
22.3
If there is a technology fault that renders continuing with a meeting impossible or highly impractical, the meeting will be adjourned and postponed to a mutually agreeable date, as soon as practicable. All Committee Members will be officially notified of the new date and time.
23.
Voting and Decisions at Meetings
23.1
Every Committee Member and Member (if applicable) will be entitled to one vote on every motion or amendment.
23.2
At meetings where all Committee Members and Members (if applicable) are attending in person, votes may be cast via a show of hands.
23.3
At meetings where some or all Committee Members and Members (if applicable) are attending using approved technology, votes can be cast using polling technology that allows participants who are attending electronically to vote in real time.
23.4
A motion is carried if a simple majority of Committee Members and Members (if applicable) present at the meeting vote in favour of the motion.
23.5
If votes are divided equally on a question, the Chair of the meeting has a second or casting vote.
23.6
Should a matter arise where there is an issue or dispute between Committee Members and Members (if applicable), the Chair of the meeting will propose a secret ballot. A
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secret ballot will be conducted using technology approved by the Committee which allow anonymity of the voters. 23.7
Voting by proxy is not permitted at any meeting.
24.
Discipline and expulsion of Members
24.1
Where a person (whether or not a Member) is found by the Committee to have: a) breached this Constitution; or b) breached any agreement between that person and the Committee; or c) neglected or knowingly jeopardised the interests of the Committee or acted in a way which is unworthy of the Committee or the College; the Committee may in its absolute discretion determine that the person is ineligible for membership of the ESU or to hold any position on the Committee for such period as the Committee in its absolute discretion determines.
24.2
If the Committee expels or suspends a Member, the Secretary must provide written notice within seven (7) days of the action being taken and the reason given by the Committee for having taken such action. The Register of Members must be updated to reflect the decision.
25.
Grievance Procedure
25.1
Any Member may give written notice to the President of a dispute under this Constitution between: a) a Member and another Member; or b) a Member and the Committee.
25.2
The President will within seven (7) days, forward written details of the dispute to all relevant parties, requiring them to attempt to resolve the dispute in good faith within fourteen (14) days of receipt of the notice or such other time as the parties agree.
25.3
The dispute shall be referred to mediation if the parties are unable to resolve the dispute at the meeting referred to in clause 25.2, or if any party fails to attend that meeting, or the meeting does not occur. Unless all parties agree to continue attempts to resolve the dispute in good faith, the parties shall proceed to mediate the dispute and shall be
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referred to a Community Justice Centre for mediation under the Community Justice Centres Act 1983 (NSW). 25.4
If a dispute is not resolved by mediation within three (3) months of the referral to a Community Justice Centre, the dispute is to be referred to arbitration.
25.5
The award and decision of the mediator or arbitrator will be final.
25.6
Each party to a dispute will pay their own costs of any mediation or arbitration pursuant to this clause.
25.7
Any third-party costs in connection with holding a mediation or arbitration pursuant to this clause will be shared equally by the parties.
26.
Changes to the Constitution
26.1
Subject to the approval of the College Council, an addition or amendment to, wholly or in part of, this Constitution may be made at an Annual General Meeting by resolution: a) of which thirty (30) days’ notice in writing has been given to the Secretary; b) of which a copy of such notice has been forwarded to each voting Member three (3) weeks before the Annual General Meeting; and c) which has been passed by a seventy-five (75) percent majority vote at an Annual General Meeting.
27.
Funds
27.1
The funds of the ESU will be derived from Membership Fees, donations, bequests, fundraising activities, grants, interest and other sources as approved by the Committee.
27.2
All monies received by the ESU must be deposited into the ESU’s operating account as soon as practicable and the ESU must, upon receiving any money, issue a receipt.
27.3
The funds of the ESU are to be used solely in pursuance of the objects of the ESU and in the manner determined by the Committee, subject to the approval of the College Council or the College Principal.
27.4
All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments will be signed by any two (2) Committee Members authorised to do so by the Committee.
28.
Finance
28.1
The financial year of the Committee will commence on 1 January and end on 31 December in each calendar year.
28.2
The Committee must: a) have an account with a financial institution from which all expenditure of the ESU is made and into which all of the ESU’s revenue is deposited; b) keep written financial records that: i.
correctly record and explain its transactions, financial position and performance; and
ii.
enable true and fair financial statements to be prepared and audited and must allow Committee Members and the auditor to inspect those records at all reasonable times.
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c) prepare Financial Statements of the ESU and the annual statement. 28.3
The Financial Report of the ESU will be presented by the President or Treasurer to the Annual General Meeting. The statements will be circulated to all Members when available.
28.4
The Financial Statements of the ESU must be audited at least once in each financial year by an Independent Auditor and who will have the right to report on such finding at any meeting of the ESU.
28.5
An independent auditor will be selected by the Treasurer and approved and appointed by the Committee. The independent auditor will hold office until removal or resignation.
28.6
In the event there is a vacancy of an Independent Auditor between Annual General Meetings, the Committee will appoint an Independent Auditor to hold office until the conclusion of the next Annual General Meeting.
29.
Winding up or Cancellation
29.1
The ESU is to be wound up if: a) a resolution is passed by a seventy-five percent majority vote of Members present at an Annual General Meeting or Special General Meeting called for that purpose; or b) the College Council resolves that the continuance of the ESU is not in the best interest of the College and should be wound up.
29.2
In the event of the ESU winding up, any surplus funds or assets will be transferred to the College or the Presbyterian Church of Australia following a resolution passed by a seventy-five percent majority vote of Members present at an Annual General Meeting or Special General Meeting called for that purpose.
30.
Other
30.1
The ESU is a non-profit making organisation and no Member shall have any beneficial interest in the ESU or its fund.
30.2
The Committee shall, in undertaking any fundraising or other activities, comply with any standards generally applicable to the College.
30.3
The use of the College name is always subject to the approval of the College Council or the College Principal.
30.4
To facilitate the extension of insurance cover from the Presbyterian Church (New South Wales) Property Trust to the ESU and in particular, to the individual Committee Members, the Committee shall ensure that in carrying out the management activities of the ESU it procures that the expectations from time to time of any relevant insurer from the Church and/or the College are complied with, including any risk, compliance, and operational directive given by the Presbyterian Church (New South Wales) Property Trust.
CONTACT INFORMATION PLC SYDNEY EX-STUDENTS’ UNION E: esu@plc.nsw.edu.au T: +612 9704 5635
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1 Meta Street Croydon NSW 2132 Phone (+612) 9704 5666 Fax (+612) 9744 0519 Email enquiries@plc.nsw.edu.au www.plc.nsw.edu.au All material appearing in this document is copyright. Reproduction is not permitted unless otherwise authorised.
