Further Detail on Constitutional Aspects

Roger Clarke

Notes of 11 October 2019

This document is at http://www.rogerclarke.com/SOS/ACS-Constn.html


This document identifies specific areas in which key aspects of the existing governance and operational arrangements for the ACS would be destroyed by the new arrangements.

Key Aspects of the current Rules of the Association
that are not replicated in the proposed
Constitution or even By-Laws

Congress - Rules 8-9, pp.14-19

This is the primary channel for communication of the members' views to the executive. Its Functions are (R8.1):

Congress comprises 7 National Office Bearers and 16 Congressional Representatives, made up of 2 appointed by the Executive Committee of each Branch (R8.2, 8.4).

A minimum of 1 meeting p.a. is required to be held (R8.9.1) and a meeting can be required by any 3 of the 8 Branch Exec Committees or by Congressional Representatives of any 3 Branches (R8.9.2). Each Congress Member has 1 vote (and if a person holds 2 or more positions they only get to exercise 1 vote).

[Anomalies exist on the Congress web-page:

[The page omits President-Elect (presumably pending an election).

[But it includes the Directors of the Membership, Profession and Technical Advisory Boards - who have no vote at Congress.]

NEITHER CONGRESS NOR ANY EQUIVALENT BODY EXISTS UNDER THE NEW CONSTITUTION

Management Committee - Rules 10-11, pp.19-21

This comprises a sub-set of Congress, comprising the (5 or 7?) "National Office Bearers" and 8 "National Congressional Representatives", made up of 1 from each Branch elected from among the 2 "Congress Representatives" for that Branch.

A meeting can be required by a majority of Management Committee members (R10.9.2). Note, however, that all 8 National Congress Representatives would have to act in concert in order to achieve a majority.

[Anomalies exist on the Management Committee web-site:

[The page omits President-Elect (presumably pending an election).

[But it includes not 8, but only 4 National Congress Representatives, viz. the Chairs of NSW and Vic, and Congressional Representatives of WA and NT.

[On the surface this is a serious matter, because it negates the power of the Branches in the Management Committee.]

THE NEW ARRANGEMENT IS FOR A BOARD OF 8, WITH THE 5 NATIONAL OFFICE BEARERS CONTINUING THROUGH THE TRANSITION.

ALL FORMS OF REPRESENTATION OF BRANCHES DISAPPEAR.

A NOMINATIONS COMMITTEE WILL DETERMINE WHO CAN BE NOMINATED AS A DIRECTOR.

THERE ARE NO PROVISIONS WHATSOEVER FOR ANY BRANCH (NOW 'DIVISION') ROLE IN RELATION TO THE BOARD.

THE BOARD HAS COMPLETE POWER IN RELATION TO THE CONSTITUTION OF ANY COMMITTEES.

THIS RESEMBLES THE APPROACH ADOPTED UNDER COMMUNIST REGIMES AND DICTATORSHIPS, NOT DEMOCRACIES, LET ALONE PROFESSIONAL SOCIETIES.


Key Aspects of the current National Regulations
that are not replicated in the proposed
Constitution or even By-Laws

Post Nominals (NR2.5 on p.7)

The National Regulations entitle use of letters after name:

NEITHER THE PROPOSED CONSTITUTION NOR THE BY-LAWS CONTAINS ANY SUCH ENTITLEMENT

Code of Ethics (NR4 on pp.12-13)

The Code is written into the role of a member:

"This Code of Ethics applies to all members regardless of their role or specific area of expertise in the ICT industry".

NEITHER THE PROPOSED CONSTITUTION NOR THE BY-LAWS CONTAINS ANY SUCH PROVISION

A provision of cl.14 Expulsion (p.21) does, however, refer to a Member "failing to uphold the code of professional conduct and ethics of the Company" as a ground for expulsion.

National Special Interest Groups (NR9 on pp.24-25)

This establishes the constitutional basis for SIGs.

NEITHER THE PROPOSED CONSTITUTION NOR THE BY-LAWS CONTAINS ANY SUCH PROVISION