Version of 22 January 2022
This document asks ACS members what elements they think should be in a new constitutional document (hereafter referred to as 'constitution').
For each Question in this document, a web-form is provided, which generates a posting to the Online Forum. You can respond in this way at any time. If you wish to read other people's responses, and the conversations on each topic, you need to login to the Forum (if you've already joined it), or register as a new participant in the Forum.
The Question List has been designed so that you can respond to whichever Questions you want to, in whatever order suits you. It is not essential for you to answer all of them. |
Alternatively, you can submit text or an attachment via the Submission Form on the landing-page, or participate in one of the discussion sessions organised by the Branches, national Committees and CRWG, as advertised on the the landing-page.
In addition, a comprehensive Consultation Document is provided. You can use that:
This Question List and the Consultation Document are structured along similar lines to the Report back to Members from the first consultation Round of 5 December 2021. The list of elements reflects both the input provided by members during October-November 2021 and the requirements and norms of constitutional documents.
The purpose of Round 2 is to gain an understanding of the preferences of members in relation to each element. That will enable the drafting of clauses that implement the kind of constitution that members will support.
Some of the Questions ask whether you want an element to be 'embedded in the constitutional document'. Alternatives include 'Yes' and 'No'. But there are other alternatives. In particular, elements can be 'embedded in By-Laws or Regulations'. Changing the constitution is (by design, and by law) slow and not all that easy. Changing By-Laws can be easier and quicker; but can still be designed to offer members some degree of protection against misbehaviour by some future governing committee.
The elements are organised into a high-level structure, as follows:
1. ACS as a Professional Society
5. The ACS Governing Committee
6. Possibly Non-Controversial Elements
The following assumptions, which were widely held among the participants in the first consultation round, are relevant to many of the elements:
Members see the Society's nature and values as underpinning all ACS activities, driving decisions, and setting the standards against which performance is measured.
Remember: You can respond to some Questions and leave others alone. You can respond to them in any order that suits you. And you don't need to do everything in one sitting. |
Members have indicated that they want ACS activities and directions to be consistent with its nature as a professional society. This could be achieved by including relevant declarations within the constitutional document, in some other document that is easier to amend than the constitutional document, or possibly in less formal manner.
You can read further information on this element in the Consultation Document.
Note: Unless you have auto-fill set, you need to paste your email-address into the relevant field in each response block.
Note: The drop-down menu choices have generally been defaulted to the conservative option.
Members may want to have a clear distinction made between the professional grades (Member, Senior Member and Fellow) and non-professional grades (currently Associate).
You can read further information on this element in the Consultation Document.
Members may wish to have a discussion about additional categories of membership, and the entry criteria appropriate to those categories.
You can read further information on this element in the Consultation Document.
It is important that means be available for resolving disputes that arise within the Society.
You can read further information on this element in the Consultation Document.
An important service that ACS needs to provide to its members is means whereby members can discover other members with similar interests, and means whereby members can establish and run online forums on professional and Society matters.
You can read further information on this element in the Consultation Document.
Members see the Society's mission, purposes and key functions as underpinning all ACS activities, as needing to drive decision rationale, and as standards against which performance is measured.
Remember: You can respond to some Questions and leave others alone. You can respond to them in any order that suits you. And you don't need to do everything in one sitting. |
The current ACS Rules use the expression 'Information and Communication Technology (ICT)' to define the Society's scope.
You can read further information on this element in the Consultation Document.
Note: Unless you have auto-fill set, you need to paste your email-address into the relevant field in each response block.
Note: The drop-down menu choices have generally been defaulted to the conservative option.
The Society's current 'Primary Object' (Mission) is "to promote the development of Australian information and communications technology resources".
Questions have been raised about the underlined terms in s.2.2 immediately above, and suggestions have been made about the use of 'advancement', 'computing', 'practice', 'applications', 'implications', ethical and positive uses, and benefits for society.
Note that care is needed with any amendments, in order to reemain compliant with the law and public policy.
You can read further information on this element in the Consultation Document.
Members may want the Society's Mission to be declared as underpinning all ACS activities.
You can read further information on this element in the Consultation Document.
The Society's current 'Secondary Objects' (Purposes) are
defined
here.
Members may wish to re-assert the need for the Society's purposes and activities to be strategically aligned with the interests of its professional members, and thereby with the interests of the public.
You can read further information on this element in the Consultation Document.
Members may wish to ensure that the declared Purposes encompass all of the Key Functions that the Society performs.
You can read further information on this element in the Consultation Document.
Members may wish to ensure that the actions of the governing committee are directed and constrained by the Society's declared Purposes.
You can read further information on this element in the Consultation Document.
The term 'Key Functions' is used here to refer to those activities that are particularly important to the fulfilment of the Mission and Purposes.
Members may wish to see refinements in the list of Key Functions on p.9 of Consultation Document 1, or for an alternative expression of Key Functions to be developed.
Members may also wish to express their thoughts on a couple of specific issues in relation to Key Functions:
You can read further information on this element in the Consultation Document.
Members may wish to see improvements in the processes whereby members can contribute to the performance of Key Functions.
You can read further information on this element in the Consultation Document.
By 'additional activity' is meant an activity that is not a Key Function of the Society.
Remember: You can respond to some Questions and leave others alone. You can respond to them in any order that suits you. And you don't need to do everything in one sitting. |
Note: Unless you have auto-fill set, you need to paste your email-address into the relevant field in each response block.
Note: The drop-down menu choices have generally been defaulted to the conservative option.
Members may want the constitutional document to make clear how decisions are to be made about additional activities that the Society can undertake.
Because additional activities are by definition not Key Functions, members may want the criteria to be specifically to provide support for the professional activities of the ACS by generating surplus that can be applied to ACS's Key Functions, or otherwise providing material benefits to society and/or the ACS membership.
You can read further information on this element in the Consultation Document.
Members may wish to see reflected in the constitution or other policy documents requirements for Transparency about the principles applying to additional activities, Assurance to the membership that those criteria are being applied, adequate Transparency about the initiatives being considered, in advance of the decision, meaningful Engagement processes, and effective Accountability mechanisms.
You can read further information on this element in the Consultation Document.
Some members have argued that additional activities have loomed too large in recent years, and that measures are needed to prevent them drawing attention away from the Society's Key Functions.
You can read further information on this element in the Consultation Document.
The term 'groups of members' is used in this document to encompass:
The term 'panel' is used in this document to refer to an intermediate-level organ through which national committees and task forces communicate with the governing committee. The current ACS Rules use the term 'board' in the same manner as this document uses 'panel'.
Remember: You can respond to some Questions and leave others alone. You can respond to them in any order that suits you. And you don't need to do everything in one sitting. |
Members see the need for delegations to groups of members to be anchored in the constitutional document, and to facilitate decision and action by delegated groups rather than impeding them and even reducing them to mere advisory roles, as current arrangements do.
This section relates to such groups of members at national level as standing Panels and Committees and project-specific, time-bounded Task Forces and Working Groups.
The existing Panels (currently called 'Boards') are limited to advisory and guidance roles. Some members have argued that, to be effective, Panels need sufficiently specific scope, and authority to act.
You can read further information on this element in the Consultation Document.
Note: Unless you have auto-fill set, you need to paste your email-address into the relevant field in each response block.
Note: The drop-down menu choices have generally been defaulted to the conservative option.
There are currently 3 Panels: for Membership, the Profession and Technical matters. Members may want to contribute to discussions about the set of panels and the Key Functions for which each has responsibility for strategic decision-making.
You can read further information on this element in the Consultation Document.
National Committees, Task Forces and Working Groups, and National SIGs also need sufficient powers to perform their functions.
You can read further information on this element in the Consultation Document.
Members may wish to ensure that effective accountability by national groups is embedded in the constitution, or assured in some other way. This may be through formation processes, rules or guidance in relation to the composition of the group, obligations in relation to transparency and engagement, and responsibilities in relation to budgets, supporting staff and volunteer effort.
You can read further information on this element in the Consultation Document.
Members may wish to ensure that the ACS constitution enables appropriate relationships with compatible professional associations, through partnering, through hosting, and by supporting self-organising internal groups.
You can read further information on this element in the Consultation Document.
Members' see their contributions on national activities as being through national Committees; but Branches are their local and direct connection with the Society. Members want locally-relevant, value-added activities, and grass-roots agility and innovation within their own Branch.
Members may wish to see Branches and Branch Committees embedded in the constitution, or perhaps assured in some other way, together with relevant powers in relation to regional matters.
You can read further information on this element in the Consultation Document.
Within at least some Branches, important means of serving the needs of the Branch's diverse and dispersed membership have proven to be regional Chapters, and SIGs and other forms of communities of practice or of interest.
You can read further information on this element in the Consultation Document.
Members may wish to ensure that effective accountability by Branch groups is embedded in the constitution, or assured in some other way, through transparency, engagement and responsibilities in relation to budgets, supporting staff and volunteer effort.
You can read further information on this element in the Consultation Document.
Members may wish to see an appropriate relationship between Branch Committee and Branch staff reflected in the constitution or other policy documents.
You can read further information on this element in the Consultation Document.
Some members have argued for a clear declaration relating to a minimum level of service nationwide, irrespective of Branch and Chapter sizes, and of the degree of physical distance separating members from population centres where ACS is active.
You can read further information on this element in the Consultation Document.
This section addresses members' concerns about governance, and in particular the accountability of the governing committee to the membership.
Remember: You can respond to some Questions and leave others alone. You can respond to them in any order that suits you. And you don't need to do everything in one sitting. |
During recent decades, the corporate model has dominated discussions of governance. During this Consultation Round, clarity needs to be achieved about what the Society requires of its governing committee. In the following Round, consideration will be given as to how the organisation can best be constituted in order to fulfil those requirements.
There are two main models for a governing committee:
You can read further information on this element in the Consultation Document.
Note: Unless you have auto-fill set, you need to paste your email-address into the relevant field in each response block.
Note: The drop-down menu choices have generally been defaulted to the conservative option.
If the two-tier model is adopted, its functions may be purely advisory, or it may have the power to make determinations that bind the governing committee.
You can read further information on this element in the Consultation Document.
If a two-tier arrangement is adopted, decisions are needed regarding the composition of each layer, and the electoral arrangements for the two categories of committee-member.
You can read further information on this element in the Consultation Document.
Some of the following Attributes in this section of the Consultation Document will vary depending on which of the above two governing committee models is being considered. Such variations are noted where appropriate in the discussions below.
Given that members see the Society as being run by its professional members, they may wish to embed the provision that professional members generally are able to stand for positions on the governing committee.
You can read further information on this element in the Consultation Document.
Even if all professional members are eligible to stand, members may want some requirements to be imposed.
You can read further information on this element in the Consultation Document.
Members may want to ensure that individuals can only spend a limited number of years on the governing committee.
You can read further information on this element in the Consultation Document.
Enough members are needed on the governing committee to ensure that it has access to sufficient breadth of expertise and perspective.
You can read further information on this element in the Consultation Document.
Some constitutional documents enable the governing committee to appoint a small number of additoinal members, to ensure that it has access to sufficient breadth of expertise and perspective.
You can read further information on this element in the Consultation Document.
The CEO needs to be present at meetings of the governing committee. There are advantages and disadvantages in the CEO being a member of it, with the capacity to vote on motions.
You can read further information on this element in the Consultation Document.
Members may want to ensure a degree of personal accountability to the membership by each member of the governing committee.
You can read further information on this element in the Consultation Document.
The mechanism for electing members of the governing committee needs to balance several interests.
An electoral process involving one vote for each member is straightforward and conventional. However, a large proportion of the membership, like the Australian population, lives in the south-eastern crescent of the continent, and the Rules, like the Australian parliamentary election arrangements, have always included ways to avoid the large Branches dominating the rest of the membership.
You can read further information on this element in the Consultation Document.
There is no requirement for Associate members to be qualified to be ICT professionals, but for the last decade they have nonetheless had the right to vote at General Meetings. There is considerable concern about this, because Professional Division voting members are currently outnumbered by Associate-grade members.
You can read further information on this element in the Consultation Document.
Members may want to address the risk of staff having a disproportionate impact on election results.
You can read further information on this element in the Consultation Document.
Members want more effective accountability to the membership than the arrangements under the current Rules provide. These mechanisms need to be finely balanced against the need for the governing committee to have sufficient powers to perform its functions, and the risk of ungovernability.
Members may want the governing committee's decision-making to be guided and constrained by the declarations of the Society's Mission, Purposes, Key Functions, principles for determining the allocation of surplus, and/or Code of Ethics.
You can read further information on this element in the Consultation Document.
For the governing committee to be effectively accountable to its members, members want the Society's governing committee to provide information to the membership on an ongoing basis.
You can read further information on this element in the Consultation Document.
A further element of accountability is the need for the governing committee to take steps to be aware of the views of members, through consultation processes designed to elicit comments, not just to project the views of the governing committee and staff.
You can read further information on this element in the Consultation Document.
Members may want Branch Committees to be capable of communicating dissatisfaction among members to the governing committee.
You can read further information on this element in the Consultation Document.
Some categories of Society matters are important enough that many members wish to express a view. Using online voting, a plebiscite can be held in relation to such matters. This has the effect of providing strong advice to the management committee.
You can read further information on this element in the Consultation Document.
Some categories of Society matters are important enough that members might wish to not only express a view, but also have the capacity to prevent the governing committee from pursuing particular activities. Using online voting, a referendum can be held in relation to such matters. This represents instructions or directions to the management committee.
You can read further information on this element in the Consultation Document.
Members may want a mechanism embedded in the constitutional document that enables the membership to remove members from the governing committee.
You can read further information on this element in the Consultation Document.
Members of the governing committee can cause a General Meeting to be convened, and can put motions. It is a conventional accountability arrangement for members to also have such powers. Given the centrality of Branches in the Society, the current constitutional document also provides Branch Committees such powers.
You can read further information on this element in the Consultation Document.
A particular contribution towards transparency is access by members to the Minutes of meetings of the governing committee.
You can read further information on this element in the Consultation Document.
It is necessary to determine which matters and/or documents are to be subject respectively, to referendum and approval, and to plebiscite and ratification.
If members want embedment of element 5.4.6 Approval, then decisions need to be made about which matters or documents the power encompasses.
Members may want to specify matters and/or documents that encapsulate the Society's values, regulate membership matters, declare committee terms of reference or procedures, define major initiatives, define dispute resolution procedures, or express the fee schedule.
You can read further information on this element in the Consultation Document.
If members want embedment of element 5.4.5 Ratification, then decisions need to be made about which matters or documents the power encompasses.
Firstly, members may want to specify matters and/or documents that were mentioned in element 5.5.1 immediately above but were not selected as being subject to the approval process.
Secondly, members may want to specify matters and/or documents that explain or further articulate the Code of Ethics, communicate the criteria for course accreditation, specify procedures for admission of members into some or all grades, define standing orders for meetings, or specify procedures for disciplinary proceedings, for online voting, or for membership fee administration.
You can read further information on this element in the Consultation Document.
The CRWG has included in this second round Question List and Consultation Document all of the elements that it considers are of consequence at this stage.
However, a wide range of further elements may appear in a constitutional document. Although CRWG has treated all of these further elements as low priority until the third round, members may think otherwise. Please provide your input on any of the further elements, or indeed any unlisted elements, that you believe require discussion in this Round.
You can read further information on this element in the Consultation Document.