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Ex-Students’ Office Representative(s).........................................................8
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.
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.
