About ASMS

DRAFT CONSTITUTION

The 2003 Annual Conference authorised a comprehensive review of the Rules. That review is complete and a new draft Constitution has been developed and is posted below.

It has been circulated to Branches and, subject to any further changes that may be made by the Rules revision sub-committee following members' and Branch comments, will be presented to the 2004 Annual Conference for adoption.  If it is adopted, this Constitution will replace the current Rules of the Association.

Accordingly the National Executive invites members and Branches to review the draft Constitution and forward any comments they may have to the national office. 

Draft Constitution of the Association of Salaried Medical Specialists
(last revised 2 August 2004)
Registered under THE INCORPORATED SOCIETIES ACT 1908
and THE EMPLOYMENT RELATIONS ACT 2000

1        NAME

1.1     The name of the association shall be the Association of Salaried Medical Specialists.

2        NATIONAL OFFICE

2.1     The Association shall maintain a national office, which shall also be its registered
          office. The address of the national office may be changed from time to time by the
          National Executive provided the Association takes reasonable steps to promptly
          advise members any such change.

3        INTERPRETATION

          In this constitution, unless the context clearly indicates otherwise:

          “Association” means the Association of Salaried Medical Specialists;

          “Delegate” means a branch delegate;

          “Casual vacancy” means a vacancy in any office or position occurring for any
          reason other than the expiry of the term of that office or position;

          “Financial year” means the Association’s financial year;

          “Member” or “Members” mean a financial member or financial members of the
          Association and includes any Associate or Life Member;

          “Month” means a calendar month;

          “Officer” means the National President, the Vice President or the National
          Secretary of the Association;

          “Year” means a calendar year.

4        OBJECTIVES

The objectives of the Association are:

4.1     To protect and promote the interests of members in all aspects of their employment;

4.2     To advise, assist or represent members to negotiate agreements relating to their
          terms and conditions of employment;

4.3     To actively promote and wherever practicable, negotiate comprehensive and fair
          collective employment agreements between members and their employers;

4.4     To monitor observance of the provisions of collective employment agreements
          negotiated by the Association on behalf of its members;

4.5     To advise and represent members in other matters related to their employment, in
          particular in matters relating to the interpretation and application of the terms and
          conditions of their employment;

4.6     To encourage and where appropriate offer training and support for members who
          wish to play a more active role in Association affairs; 

4.7     To monitor and take appropriate steps to improve the working environment and
          general working conditions of members of the Association;

4.8     To promote professional and co-operative workplace practices of the highest
          standards, with particular emphasis on the collective and collegial identification
          and resolution of workplace problems and challenges;

4.9     To promote close, professional and constructive working relationships with the
          employers of members of the Association;

4.10    To promote high standards of professionalism and ethical behaviour in the
          management and delivery of public healthcare services;

4.11    To promote close, professional and constructive working relationships with
          relevant clinical or professional organisations, government departments and
          politicians and statutory bodies and other agencies, in support of members’
          interests and the objectives of the Association;

4.12    To support the right of all New Zealanders to equal access to comprehensive
          quality public healthcare services;

4.13    To promote policies and engage in public debate on issues relating to the
          availability and delivery of the highest possible standards of publicly funded
          healthcare services for all New Zealanders.  

4.14    In pursuing these objects, the Association may support, co-operate with or affiliate
          to any other organisation, whether of an industrial, professional or other kind that
          the National Executive or national conference may decide.

5        MEMBERSHIP

5.1      Eligibility

(a)   Any registered medical or dental practitioner employed in New Zealand and
       whose employment is conditional on their holding a current practising certificate
       is eligible to join the Association, subject to the exclusions in sub-clauses (b) &
      (c) below.

(b)   Medical and dental practitioners who are employed as Resident Medical or
       Dental Officers such as trainee interns, house surgeons, house physicians or
       registrars engaged in vocational training programmes are not eligible to join
       the Association.

(c)   Medical and dental practitioners who are university employees or employed in
       government departments are not eligible to join the Association in respect of
       their employment with the university or government department. 

(d)   If a dispute arises between the Association and another union over
       membership coverage, the Association shall endeavour to resolve that dispute
       in accordance with relevant protocols or policies of the New Zealand Council of
       Trade Unions.

5.2      Admission to Membership

(a)   Applications for membership shall be sent to the national office in the
       prescribed form, accompanied by the prescribed annual subscription or signed
       authority for the subscription to be paid by regular salary deductions.

(b)   Membership of the Association shall begin on the date when the completed
       application form and appropriate payment or payment authority is received and
       accepted by the national office.

(c)   A person who has previously been suspended or expelled from the Association
       shall not be re-admitted to membership without the prior approval of the
       National Executive.

5.3      Register of Members

(a)   The Association shall maintain a register of members’ names and addresses,
       including a record of their subscription payments and brief relevant details
       relating to their employment and places of work.

(b)   On request, members shall be given a copy of the personal information held on
       the membership register relating to them.

(c)   The Association shall not sell or otherwise release a copy of its register or
       membership details to any third person or organisation without the prior
       approval of the National Executive.

5.4      Lapse of Membership

Membership of the Association shall cease when a member dies, resigns from the
Association, ceases to meet the Association’s eligibility requirements, is expelled or
fails to pay their annual subscription for three months or more following a reminder to do so.

6        LIFE MEMBERSHIP

6.1     The Association may admit to life membership of the Association any member or
          former member whom it wishes to honour in recognition of their outstanding
          services to the Association or the profession.

6.2      The National Executive, a branch or any member may nominate a member or
          former member for life membership.  Any nomination for life membership shall
          be referred to the National Executive who, after conducting such inquiries and
          consultation as it considers appropriate, may in its absolute discretion, submit
          the proposal to the next annual conference of the Association for final
          determination.  

6.3      A life member of the Association is entitled to all of the rights of an ordinary
          member but is under no obligation to pay an annual subscription.

7        ASSOCIATE MEMBERS

7.1      Any person (other than a former member who has been expelled from the
          Association) who is otherwise ineligible to be a member may apply to the National
          Executive to become an associate member of the Association.

7.2      No person has the right to become an associate member and the National Executive
          may in its absolute discretion accept or reject any application for associate
          membership.  Associate members shall pay a reduced annual subscription at the
          rate determined from time to time by the Association.

7.3      Associate members may not hold elected office or positions in the Association nor
          will they be entitled to professional representation or advice from the Association. 
          However they will be entitled to receive the Association’s newsletter and other
          publications and may attend branch or other meetings of the Association where
          they will have speaking but no voting rights.

7.4      Associate membership shall cease when the associate member dies, resigns, is
          expelled or fails to pay their annual subscription for three months or more following
          a reminder to do so.

8        ANNUAL SUBSCRIPTION

8.1      Members and associate members shall pay the annual subscription set by an annual
          or special conference on the recommendation of the National Executive.

8.2      The National Executive, in its absolute discretion, may reduce or waive the annual
          subscription for particular members or associate members compassionate or other
          reasonable grounds.

8.3      A member whose subscription is in arrears for three months or more may be denied
          the rights and privileges of membership, including the right to receive advice or
          representation in matters relating to their employment.

9        GOVERNANCE

9.1      The governance structures of the Association are:

(a)   Members, local branches and delegates;

(b)   The National Executive;

(c)   Annual or special conferences of duly authorised branch representatives.

9.2      However, the ultimate decision-making authority of the Association lies with its
          members, whose decision on any particular matter may be ascertained by a
          national secret ballot conducted for that purpose.

10      CONFERENCES

10.1    Annual Conferences

(a)   The Association shall hold an annual conference at such time and place as the
       National Executive may decide.

(b)   The Association shall give members and branches at least three months’ notice
       of the annual conference.

10.2    Special Conferences

(a)   A special conference may be called by the National Executive whenever it
       decides there is a matter of such importance that it should be dealt with by a
       special conference.

(b)   A special conference shall be called by the National Executive within 60 days of
       the National President or national office receiving a requisition signed by not
       less than 10% of the members (other than associate members) of the
       Association. The requisition shall also state the business to be conducted at the
       conference.

(c)   The Association shall give members and branches not less than one month's
       written notice of any special conference.

(d)   The notice calling the special conference shall clearly state the business to be
       considered at the special conference and no other business shall be considered
       by that conference.

10.3    Conference Participation

(a)   Any member, associate member or life member may attend and speak at any
       conference of the Association.

(b)   Only duly authorised branch representatives have the right to vote on matters
       before the conference.

(c)   Members of the National Executive are entitled to attend and speak on any
       matter before any conference and to move or second resolutions but may vote
       only if they are duly appointed branch representatives.

(d)   Each branch is entitled to appoint and send to any conference one
       representative for every twenty five members in the branch, with a minimum of
       one representative.  This entitlement shall be based on branch membership at
      31 March each year.

(e)   A branch that is unable to fill its quota of representatives from its own
       members may do so from members of another branch.

(f)    The Association shall pay the reasonable travel and accommodation costs of
       each representative and member of the National Executive who attends the
       conference.

10.4    Conference Remits

(a)   Any branch or member may submit remits for consideration by the annual
       conference.  All remits must be in writing and sent to the national office.

(b)   Remits proposing a change to the Association’s constitution must be received
       in the national office at least three months before the first day of the
       conference.

(c)   Any other remits must be received in the national office at least one month
       before the first day of the conference.

(d)   Remits proposing changes to the Association’s constitution shall be sent to
       branches for their consideration within one month of their being received by
       the national office.

(e)   All other remits shall be sent to branches for their consideration at least three
       weeks before the first day of the conference.

(f)   Late remits may be accepted for consideration by the conference but only if
      two-thirds of the representatives registered to attend that conference agree.

10.5    Annual Conference Business

Subject to a secret ballot of the whole membership, the annual conference provides a forum and opportunity for the Association through its branch representatives to meet and:

(a)   Debate and decide the Association’s policy;

(b)   Receive and consider financial and other reports from the National Executive;

(c)   Set the annual subscriptions for members and associate members;

(d)   Make any other decisions required by this constitution; and

(e)   Generally oversee the business of the Association.

10.6    Not later than the first day of the conference the national office shall send or give to
          each representative a copy of:

(a)   The conference agenda;

(b)   The Association’s annual report;

(c)   The Association’s audited financial statements for the previous financial year.

10.7    Voting

(a)   Voting shall ordinarily be by show if hands, but if three representatives present
       at the conference request it, voting shall be by secret ballot of all 
       representatives present at the time the vote is taken.

(b)   Only branch representatives are entitled to vote on any matter before the
       conference.

10.8    Quorum

The conference quorum shall be 40% of the number of branch representatives registered to attend.

11      THE NATIONAL EXECUTIVE

11.1    The Association shall be managed by a National Executive of ten members or such
          other number as a conference may decide.

11.2    The National President and Vice President shall fill two of the positions on the
          National Executive and the other positions shall be filled by elected regional
          representatives.

11.3    The boundaries of the regions or electorates established for the purpose of electing
          the members of the National Executive shall be decided and may be
          amended from time to time by an annual or special conference, on the
          recommendation of the National Executive. 

11.4    Two regional representatives shall be elected from each of the following regions:

REGION 1 being the members employed within the boundaries of the Northland,Waitemata, Auckland and Counties-Manukau district health boards;

REGION 2 being the members employed within the boundaries of the Waikato, Bay of Plenty, Lakes and Taranaki district health boards;

REGION 3 being the members employed within the boundaries of the Tairawhiti, Hawkes Bay, Whanganui, MidCentral, Wairarapa, Hutt Valley, and Capital & Coast district health boards;

REGION 4 being the members employed within the boundaries of the Nelson-Marlborough, West Coast, Canterbury, South Canterbury, Otago and Southland district health boards.

11.5    Election of National Executive

(a)   National Executive elections shall be held every two years by secret postal
       ballot and only the members in a particular region are entitled to vote for that
       region’s representatives.

(b)   Elections for the National President and Vice President of the Association shall
       be by secret postal ballot of all members of the Association and shall be held
       at the same time as the elections for regional representatives.

(c)   At its first meeting, a new National Executive shall elect one of the regional
       representatives to serve as the Association’s National Secretary for the term
       of that National Executive.

(d)   A member may simultaneously seek election as a regional representative and
       as either the National President or the Vice President. If they are elected to
       both positions they shall take up the national officer’s position and the region’s
       next highest polling candidate shall be deemed elected to fill the regional
       representative’s position.

11.6    Powers of National Executive

(a)   On behalf of the members, the National Executive shall oversee the business
       and finances of the Association in accordance with the law, this constitution
       and the policies and other decisions of the Association.  In particular it shall:

(i)   appoint the Executive Director, who shall have delegated authority and
      responsibility for the administration of the national office, the
      employment of other staff and contractors; and it may

(ii)  appoint subcommittees to exercise those of its powers which it may
      reasonably and lawfully delegate or to undertake specific tasks or 
      business.

(b)   The Association’s bank account(s) shall be operated under the supervision of
       the National Executive and all cheques must be signed by two authorised
       signatories from a list, which may include national office employees, approved
       by the National Executive.

12      NATIONAL EXECUTIVE MEETINGS

12.1    The National Executive shall meet regularly and as frequently as is reasonably
          required to ensure the proper supervision and management of the Associations’
          affairs. 

12.2    Not later than at its last meeting for the year, the National Executive shall set its
          schedule of meetings for the following year.

12.3    The Executive Director shall formally notify each member of the National Executive
          of the time, place and agenda of each meeting at least seven days before the
          meeting.

12.4    The National President, after consulting the Executive Director, may call a special
          meeting of the National Executive whenever he or she believes the business
          of the Association warrants it and must do so when requested in writing by any three
          members of the National Executive.

12.5    Six members of the National Executive shall be a quorum.

12.6    The National President, after consulting, the Executive Director, may decide that a
          particular matter requires an urgent decision of the National Executive, in
          which case the matter may be considered and voted on electronically e.g. by
          teleconference, fax or email.  Unless three or more members of the National
          Executive object to this method of considering and deciding on a particular matter,
          any decision made in this way shall be as valid as if it had been made at a meeting
          of the National Executive.

12.7    If a member of the National Executive is absent without reasonable cause for three
          or more consecutive meetings they shall automatically be removed from
          office and the position shall be filled in accordance with the procedures for filling a
          casual vacancy.

13      DUTIES AND POWERS OF NATIONAL OFFICERS

13.1    National President

(a)   The National President is the head of the Association.

(b)   The National President is responsible for overseeing the business of the
       Association and shall attend and preside over all meetings of the Association
       and the National Executive, where he or she shall have a deliberative and a
       casting vote.

(c)   The National President shall have such other duties and powers as may be
       reasonably required to enable him or her to properly oversee the business of
       the Association. 

13.2    Vice President

(a)   The Vice President shall assist the National President carry out his or her
       duties.

(b)   In the absence of the National President, the Vice President shall have and may
       exercise all of the duties and powers of the National President.

13.3    National Secretary

(a)   The National Secretary shall attend all meetings of the Association and the
       National Executive and ensure that accurate records of the decisions of those
       meetings are kept.

(b)   The National Secretary shall present the Association’s annual report and
       audited financial statements for the previous financial year to each annual
       conference.

14      EXECUTIVE DIRECTOR & NATIONAL OFFICE

14.1    The National Executive shall appoint a suitably qualified person to be the Executive
          Director of the Association. 

14.2    The Executive Director is responsible to the National Executive for the proper
          conduct of the business of the Association, including the appointment of other staff
          and the efficient management of the national office.

14.3    The Executive Director shall submit regular financial reports to the National
          Executive with details of the Association’s income and expenditure together with
          such other reports as the National Executive may from time to time require.

15      BRANCHES

15.1    For the purposes of promoting and organising local activities the membership of the
          Association shall be divided into local branches with at least one branch in each
          district health board region.

15.2    Each branch is entitled to appoint and send one or more representatives to annual
          and special conferences of the Association, in accordance with clause 10.3 (d) of this
          constitution.

15.3    The National Executive may from time to time establish additional branches, based
          around one or more employer or on some other basis, to encourage or facilitate
          greater membership involvement in the activities of the Association.

15.4    Branches will be encouraged to hold meetings as frequently as local membership
          interest and concerns require and at such other times as the Association or the
          National Executive request.

16      BRANCH MEETINGS & BUSINESS

16.1    The conduct of branch business and affairs should be kept as informal as possible,
          consistent with the rules of natural justice and fair and transparent decision-making
          processes.

16.2    Branches shall endeavour to hold at least one formal meeting each year for the
          purposes of electing or endorsing branch officers and a branch committee.
          Subject to any decision of the National Executive, branches may elect or appoint
          branch officers, members of the branch committee, conference representatives
          and delegates in such manner as may be decided by a meeting of the branch.

16.3    A branch meeting shall be held if four members or 10% of the branch membership
          (whichever is the higher number of members) request it.  This meeting may be
          convened by either a responsible branch officer or the Executive Director. 

16.4    Responsible branch officers, assisted if requested by the national office, shall ensure
          reasonable notice of branch meetings and the business to be considered at the
          meeting is sent to all local members.

16.5    If five or more members are dissatisfied with any decision of their local branch they
          may send a formal written statement of their concerns to the Executive Director. 
          The Executive Director shall promptly refer the matter to the National Executive for
          their consideration and a decision as to how the matter should be resolved.

16.6    Decisions at branch level will normally be made by a majority of branch members
          present and voting at a branch meeting.  However, if 20% of the branch members
          attending the meeting request a secret ballot a secret ballot shall be conducted of all
          branch members.  If requested by the meeting, the secret ballot will be conducted
          by the national office. 

17      REPRESENTATION OF MEMBERS

17.1    The Association reserves the right to refuse to advise, represent or otherwise assist
          a member:

(a)   Who joins the Association after the particular matter on which they have sought
       advice or assistance arose;

(b)   Who has seriously compromised their position or aggravated the problem by 
       failing to promptly seek the Association’s advice;

(c)   Who disregards or otherwise undermines the Association’s advice in relation to
       the matters on which they have sought assistance;

(d)   Where their concern is trivial, vexatious or incapable of realistic or reasonable
       resolution.

17.2    In all cases where the Association declines to assist or represent a member, the
          member shall be advised of their right to have that decision reviewed promptly by
          the National Executive.

17.3    The Association will not represent a member in respect of professional medico-legal
          matters based on patient complaints, concerns about their clinical practice or
          competence, reviews of their clinical practice, registration or similar matters that
          have or may come within the jurisdiction of any statutory professional registration
          or disciplinary body. 

18      NEGOTIATION & RATIFICATION OF EMPLOYMENT AGREEMENTS

18.1    Wherever it is reasonable and practicable to do so, the Association shall negotiate
          and conclude collective employment agreements for its members.

18.2    The National Executive has the responsibility for negotiating all collective
          employment agreements on behalf of the Association or groups of members and
          has the authority to ratify all settlements reached in such negotiations.

18.3    The National Executive may delegate its responsibility for conducting particular
          negotiations and for ratifying particular settlements to such persons or such
          members as it consider appropriate in the particular circumstances.

19      AUTHORITY FOR ASSOCIATION TO REPRESENT MEMBERS

19.1    As a condition of their membership of the Association, each member is deemed
          to have authorised the Association to negotiate with their employer for a
          collective employment agreement and to undertake such further dealings as may
          from time to time be required, including legal proceedings for the purposes of
          properly interpreting, applying or enforcing that agreement.

20      RETURNING OFFICER

20.1    The National Executive shall appoint a Returning Officer to conduct all elections for
          the National Executive.

20.2    The National Executive may appoint a Returning Officer to conduct any other
          election or ballot that may be required from time, whether at a national, regional 
          or branch level.

20.3    The Returning Officer shall conduct the election or ballot in a manner that is fair and
          encourages the fullest possible participation of members eligible to vote on a
          particular matter.

20.4    If a question arises in the course of any ballot or election being undertaken by a
          Returning Officer and that question is not otherwise resolved by the constitution, the
          Returning Officer may resolve it in any manner that is fair and practicable, having
          regard to the nature of the particular election or ballot.

21      NATIONAL EXECUTIVE ELECTIONS

21.1    Members of the National Executive shall be elected for a two-year term, beginning
          on 1 April in each election year.

21.2    Any member of the Association may be nominated and vote for the positions of
          National President or Vice President but only those members who are employed in
          a particular region may be nominated or vote for the regional representatives
          from that region.

21.3    The Returning Officer shall call for nominations from eligible members for each of
          the positions on the National Executive at least 28 days before nominations close. 
          The notice calling for nominations shall be sent to all members of the Association. 
          The notice may be sent to members by post or by electronic means.

21.4    Nominations for each position must be in writing and contain in a legible form the
          names of the nominee and at least two other members as nominators.  The
          nomination must also be signed by the nominee and all nominators.

21.5    If more nominations are received than there are positions to be filled, the Returning
          Officer shall promptly conduct an election by secret ballot of all members eligible to
          vote.  The ballot may be conducted by post or by secure electronic means.  Only
          persons who are members of the Association on the day nominations close are
          entitled to vote in such an election.

21.6    The Returning Officer shall declare the result of the election not later than seven
          days after the date on which all votes must be returned.

21.7    If insufficient nominations are received to fill all positions on the National Executive,
          the Returning Officer shall proceed to conduct a ballot or ballots for those positions
          where that may be required.  Following the declaration of results, the remaining
          unfilled positions shall become casual vacancies and filled in accordance with this
          constitution.

22      REMOVAL FROM OFFICE

22.1    Members of the National Executive may be removed from office only by a special
          secret ballot of members who are eligible to vote for those positions.

22.2    In the case of the National President or Vice President, such a ballot must be
          conducted as soon as practicable after receipt by the national office of a petition
          requesting such a ballot, signed by 10% of the members (other than life and
          associate members.

22.3    In the case of a regional representative, such a ballot must be conducted as soon
          as practicable after receipt by the national office of a petition signed by 10% of the
          members (other than Life and Associate members) from the relevant region.

22.4    Those members of the National Executive who are not the subject of such the
          petition shall appoint an independent Returning Officer (who shall not be a member
          or employee of the Association) to conduct the special ballot.   

23      CASUAL VACANCIES

23.1    Casual vacancies in any of the National Executive positions shall be filled by a
          national or regional election, as determined by the nature of the position that has
          become vacant.  Pending the results of that election, the National Executive may
          appoint another member, qualified to stand in that election, to fill the vacancy on
          a temporary basis, provided that there may not be more than one appointed
          member on the National Executive at any one time.

23.2    An election to fill the vacancy shall be held as soon as reasonably practicable after
          the vacancy occurs but nominations must be sought within three months.  If an
          election is subsequently required, it shall be conducted by the Returning Officer and
          the successful candidate shall hold office for the remainder of the two-year term.

23.3    It shall not be necessary to fill any casual vacancy if the vacancy arises within nine
          months of the end of the National Executive’s two-year term.

23.4    Casual vacancies in a branch position may be filled by any fair and reasonable
          process that responsible branch officers and the Executive Director may consider
          appropriate.

24      CONSTITUTION OF THE ASSOCIATION

24.1    A copy of the constitution shall be given to each new member when they have
          joined the Association.  A copy shall also be given free of charge to any member
          who requests one.

25      CONSTITUTIONAL AMENDMENTS 

25.1    Amendments to the constitution may be proposed at any annual or special
          conference called for this purpose, in strict accordance with the notice and other
          requirements set out elsewhere in this constitution.  To be binding, constitutional
          amendments must be approved by 70% of registered representatives present
          and voting.

25.2    As soon as practicable after an amendment to the constitution has been approved
          by a conference, the Association shall notify members of that  amendment and
          take the necessary steps to formally register the amendment with the appropriate
          statutory authority.

26      NOTICES

26.1    Notices or other communications that the Association may be required to send to
          members may be posted or couriered to their last known postal or work address. 
          Alternatively, they may be sent to members by fax or email or some other reliable
          and secure electronic means.

27      MEMBERS’ ACCESS TO ASSOCIATION RECORDS

27.1    On request, members of the Association may inspect or be given copies of any
          records or other material held by the Association and which it is lawful or reasonable
          for a particular member to have access to.

27.2    The Executive Director shall ensure that a member’s request to inspect or receive
          copies of such material shall be complied with as soon as reasonably possible after
          it is received.

27.3    Inspection of records or other material held by the Association shall be undertaken
          during normal working hours at the Association’s registered office and should not
          unreasonably interfere with the other business of the national office and staff.

28      FINANCIAL YEAR

28.1    The Association’s financial year shall begin on 1 April and end on 31 March the
          following year.

29      APPOINTMENT OF AUDITOR

29.1    The Association at its annual conference shall appoint an auditor, who shall be a
          member of the New Zealand Society of Accountants.

30      DISCIPLINARY MATTERS

30.1    Acting on a complaint from a member or on its own initiative, the National Executive
          may investigate the conduct of any member who:

(a)   Repeatedly ignores the policies of the Association; or

(b)   Undermines or works against the interests of the Association; or

(c)   Who has seriously compromised or damaged the interests of the Association.

30.2    Such investigation shall be conducted fairly and in accordance with the rules of
          natural justice.

30.3    If the investigation upholds the complaint against the member the National
          Executive may impose such penalty, including suspension or expulsion, as it 
          considers reasonable and appropriate in the all the circumstances.

31      DISSOLUTION

31.1    An annual or special conference of the Association may recommend to members
          that the Association should be wound up and its assets disposed of.  Such a
          recommendation shall be voted on at a second conference of the Association or by a
          national ballot of the membership.

31.2    If the recommendation to wind up the Association is approved by members, an
          application to wind up the Association and cancel its registration shall immediately
          be sent to the Registrar of Incorporated Societies.

31.3    If it is practicable to do so, before the application to wind up the Association is sent
          to the Registrar of Incorporated Societies, the National Executive shall supervise the
          realisation of the Association’s assets and the discharge of any outstanding financial
          liabilities of the Association and arrange for a final audit of its accounts to be
          undertaken.

31.4    The National Executive may give any surplus funds of the Association to any other
          organisation(s) with similar objectives to those of the Association.

31.5    The Association shall be dissolved after the Registrar of Incorporated Societies has
          formally cancelled its registration.

© Copyright ASMS 2005