The Constitution of the Canberra Tamil School was overwhelmingly adopted by all parents, teachers, and committee members. This includes the amendments made to the constitution at the Special General Meeting held on the 28th of August 2021, which were duly approved and passed by a greater than three-quaters majority.

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PART I. GENERAL

1. NAME

The name of the school shall be Canberra Tamil School, hereinafter referred to as “School”.

2. FUNCTION

The school shall be a non-profit making, apolitical organisation. It shall operate under the umbrella of the Canberra Tamil Association Incorporated, herein after referred to as “Association”.

The school shall elect a Canberra Tamil School Management Committee, hereinafter referred to as “Management Committee”. The Management Committee shall conduct all affairs of the school.

3. LOCATION

The school shall operate in various locations in the ACT.

4. OBJECTIVES

In accordance with the aims and objectives of the Association, the School shall contribute to:

• a) teaching Tamil language, culture and history for children and adults

• b) maintaining and promoting the status of the Tamil language as a community language in the ACT by organising classes, workshops, seminars and other related activities, as defined under Rule 13 c, d and e of PART IV

• c) promoting the Tamil language in the ACT education curriculum, and

• d) communicating and cooperating with other ethnic schools.

5. INTERPRETATION

• A. Student: “Student” means a person who is enrolled in the school and attending Tamil classes.

• B. Parent: “Parent” means the father, mother or guardian of a student enrolled in the school who submits the finalised ACTCLA form/s and pays the school fees.

• C. Teacher: “Teacher” means a voluntary teacher appointed by the Vice Principal and the Management Committee members of the relevant location to teach at the school.

• D. Principal: “Principal” means a teacher elected by the Management Committee to be the Principal of the School whose duties are defined in Rule 7 of PART II.

• E. Vice Principal: “Vice Principal” means a teacher elected by the teachers and the Management Committee members of each location to be the Vice Principal of the School for that location, whose duties are defined in Rule 7 of PART II.

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PART II. POWERS AND ROLES

6. POWERS

The members of the school (as defined in Rule 11 of PART III) shall elect the members of the Management Committee for the relevant location at the annual general meeting to manage and control the affairs of the school in accordance with the objectives stated in Rule 4 of PART I.

7. ROLES

A. Principal

The duties and responsibilities of the principal shall include:

• a) organising Teachers’ meetings

• b) implementing the Management Committee’s decisions on School matters

• c) reporting on the progress of School activities to the Management Committee

• d) coordinating the teaching program of the School with the Vice Principals of different locations

• e) delegating expending of funds as authorised by the Management Committee

• f) maintaining records of minutes and attendance of the teachers’ meetings and

• g) convening all Parents meetings. (The principal may delegate the relevant Vice Principal to chair the parents meeting.)

B. Vice Principal

The duties and responsibilities include:

• a) performing those functions of the school relevant to the location as delegated by the principal

• b) implementing decisions made at the Teachers’ meeting which are relevant for their location

• c) reporting on progress relating to School activities in their location to the principal and

• d) expending funds as delegated by the principal and maintaining records of attendance of Teachers and Students.

8. ELIGIBILITY

• A. Student: Children aged between 4 and 20 shall be eligible for enrolment as Students. The Management Committee, however, may allow any other person to attend classes.

• B. Principal: A Teacher shall be eligible to be elected as the Principal of the School only if the Teacher has taught minimum of 60 hours in total during the previous two years. If none of the eligible Teachers apply for the position of Principal, other Teachers may be nominated.

• C. Members of the Management Committee: Parents and Teachers shall be eligible to be elected as members of the Management Committee only if they are members of the Association.

9. ELIGIBILITY FOR VOTING

Students, Parents and Teachers shall be eligible to vote in elections if they satisfy the following conditions:

• A. Student: A Student aged 18 and above shall be eligible to vote in elections and at the general meetings only if the student has a minimum attendance of 50% in that academic year.

• B. Parent: A Parent shall be eligible to vote in elections and at the general meetings only if at least one of their children has a minimum attendance of 50% in that academic year. Both parents of such a student shall be eligible to vote.

• C. Teacher: A Teacher shall be eligible to vote in elections and at the Teachers’ meetings. Such a teacher can be either a relief or a permanent Teacher. A relief teacher shall be eligible to vote only after a period of 12 months from the date of appointment.

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PART III. ENROLMENT AND MEMBERSHIP

10. ENROLMENT OF STUDENTS

• a) Application for enrolment shall be made in writing and signed by the parent, guardian or, if the student is aged 18 and above, by the applicant.
• b) On receipt of any application for enrolment, the application shall be considered by the Management Committee.

• c) The Management Committee shall notify the applicant of its decision on the application in writing within one month.

11. MEMBERSHIP

• a) The following persons shall be the Members of the School:
• Parents
• Teachers

• b) The Management Committee shall ensure that Parents who are non-members of the Association do not exceed one third of the membership of the school.

12. SCHOOL FEE

The annual school fee is to be as follows:

• Families with one student – $145.00 per family

• Families with two or more students – $170.00 per family

• School fees for the year shall be due on or before February each year.

The Members of the School may decide to vary the annual school fee by a simple majority vote at a general meeting.

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PART IV. MANAGEMENT COMMITTEE

13. COMPOSITION AND POWERS

• a) The Management Committee shall comprise of:
• four representatives of Teachers (two from each location), one of whom will be the principal and will be the Chairperson
• four representatives of parents (two from each location), one being the secretary and another the treasurer
• one representative of the Executive Committee of the Association who is the silent member and do not have the voting power.

• b) The Management Committee shall:

  • manage the affairs of the school

  • consider proposals related to any aspect of the functioning of the school

  • maintain a register of the Members of the School.

  • maintain details of all financial transactions related to the activities of the school. The details shall be updated by the Treasurer and presented to the Management Committee every 3 months or as requested and

  • maintain an asset register.

• c) The Management Committee may organise:

  • an annual School Day

  • outdoor activities and

  • educational tours.

• d) The Management Committee may facilitate the participation of the school in the activities of the Association.

14. ELECTIONS

The members of the Management Committee, other than the representative of the Executive Committee of the Association, shall be elected as follows:

1. Any member of the Management Committee shall serve for a maximum of three consecutive years subject to re-election at each annual general meeting (by a simple majority). At the end of the third year a member may be re-elected by a two-thirds majority vote.

2. Any vacancy in the Management Committee shall be filled by the remaining members of the Management Committee in accordance with Rule 16 of PART IV.

A. Teacher representatives

• a) When the election for the position of any of the four teacher representatives falls due, the principal shall call for a Teachers’ meeting to elect the teacher representatives.

• b) The four teacher representatives (two from each location) shall be elected at the annual general meeting.

B. Parent representatives

• The four parent representatives (two from each location) shall be elected at the annual general meeting. If there are no Parents elected as representatives Teachers can be elected to be parent representatives.

C. Principal

• a) The principal shall be elected by the Management Committee from among the four teacher representatives.

• b) The elected Principal becomes the chairperson of the Management Committee.

D. Vice Principal

• The Vice Principal for each location shall be elected by the members of the Management Committee and the Teachers from the relevant location from among the two teacher representatives.

E. Secretary & Treasurer

• The Secretary and Treasurer shall be elected by the Management Committee from among the four Parent representatives.

15. VACANCY

A vacancy in the office of a member of the Management Committee occurs if:

• a) the member dies

• b) the member resigns from office

• c) the member is absent without the consent of the Management Committee from all meetings of the Committee held during a period of 6 months

• d) the Teachers’ representative ceases to be a teacher

• e) the Parents’ representative ceases to be a Parent

• f) the member is disqualified otherwise in terms of Model Rule 16 in the Schedule to the Associations Incorporations Regulations

• g) the member is removed from office upon a resolution being passed by two-thirds majority of members present at a properly constituted general meeting, specially called for the purpose of removing the member from office. This cannot occur until the member concerned is afforded an opportunity to be heard or

• h) ceases to be a member of the School or Association.

16. VACANT POSITIONS

Any vacant office of a member of the Management Committee, other than the representative of the Executive Committee of the Association, shall be filled by the Management Committee as follows:

• A. Principal and teacher representatives

• a) If a vacant position occurs, the position shall be filled by the Management Committee.

• b) The principal or the teachers’ representative so co-opted shall hold office until the expiration of the term for which his/her predecessor was elected.

• B. Secretary, Treasurer and Parent representatives

• a) If a parent representative, including the Secretary and the Treasurer, resigns or become ineligible during his/her term, the Management Committee shall co-opt another Parent to fill the position falling vacant.

• b) The parent representative (including the Secretary or the Treasurer) so co-opted shall hold office until the expiration of the term for which his/her predecessor was elected.

17. PROCEEDINGS

• a) The Management Committee shall meet at least FOUR times each year at such place and time as the Management Committee may determine.
• b) Meetings of the Management Committee shall be convened by the chairperson or by any members of the Management Committee.

• c) Notice shall be given to members of the Management Committee of any meeting. Such notice shall specify the general nature of the business to be transacted at such a meeting.

• d) Any five members of the Management Committee – at least one from each location – constitute a quorum of the Management Committee.

• e) In the absence of the chairperson, the members present shall elect one amongst themselves as the chair for that meeting.

• f) Questions arising at any meeting shall be decided by a simple majority of votes and in the case of an equality of votes, the chairperson shall have a second or casting vote.

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PART V. FINANCE

18. FINANCIAL YEAR The financial year of the school shall be from 01 July of one year to 30 June of the following year.

19. FINANCE

1. Canberra Tamil School – society cheque account. This Account is the school’s day to day operation Account.

• a) The funds of the school shall be derived from Government grants, student fees, donations and fund-raising activities. All money received by the school must be deposited as soon as practicable and without deduction to the credit of the school’s bank account.

• b) The school shall apply for and receive government grants for the school using The Canberra Tamil Association’s ABN number.

• c) The bank account shall be managed by the Principal and the Treasurer of the School.

• d) All cheques and other negotiable instruments must be signed by the Principal and the Treasurer who are authorized signatories to the bank account of the school.

• e) The Principal of the School shall be provided with a cash advance not exceeding $500.00 from time to time for the purpose of meeting minor, routine or regular expenditure for the school.

• f) The Treasurer shall provide quarterly full details of all income and expenditure connected with the activities of the School to the Management Committee and the Treasurer of the Association.

2. Canberra Tamil School – Freedom Business Account:

• This account will be CTS’s saving account. At the end of each financial year, if the balance of the Canberra Tamil School – society cheque account exceeds $5000.00, the management committee shall invest the excess money to this account.
• Any withdrawal of these funds shall be effected jointly by the President of the Association and the Principal of the Tamil School.

3. Canberra Tamil School – Fixed deposit Account:
As per Auditor’s recommendation, to sustain the liquidity position of the school fund, CTS will open a fixed deposit Account for 3 years. The principal coordinator and CTA president shall be signatories of this Account.
The following conditions shall be applied to the withdrawal of these funds from this ac-count.

1. These funds shall not be used in replacement of student school fees.
2. These funds shall not be used to pay for any school related activities including ITV or any of the school venue hire fees.
3. These funds shall not be used for a Teacher’s or Committee Member’s Wage/Salary.
4. These funds shall not be used to purchase any electronic devices the school may need such as laptops, printer/scanner, projectors, phones, speaker system etc.
   Withdrawal and usage of funds from this Account, must be approved in a Special General meeting. Any withdrawal of these funds shall be effected jointly by the President of the Association and the Principal of the Tamil School.

Every 3 years this Account will need to be renewed and the excess money lying in the Freedom Business Account (Account number 2) shall invest to this fixed deposit Account.

20. AUDIT OF ACCOUNTS

The annual financial statements setting out the assets and liabilities of the school and all accounts, vouchers, receipts, books etc. shall be prepared by the Treasurer of the School for incorporation into the financial statements of the Association and audited by the Auditor of the Association.

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PART VI. GENERAL MEETINGS

21. ANNUAL GENERAL MEETING

The annual general meeting of members shall be held once every calendar year within two months of the end of the financial year, and it shall transact the following business:

• a) Confirmation of the minutes of the previous annual general meeting and all general meetings held since the last annual general meeting

• b) Receiving and considering the audited annual financial statement and the report of the treasurer of the Association

• c) Election for all Parents & teacher representatives and

• d) Any other business which the Management Committee has placed on the agenda.

22. SPECIAL GENERAL MEETING

• a) The Management Committee may, whenever it thinks fit, convene a special general meeting of the school.

• b) A special general meeting shall also be convened by the Management Committee upon the written request by not less than 30 percent of the members stating the reasons for the meeting. Such meetings shall be convened on a date not later than two months from the date of receipt of the request.

23. NOTICE OF GENERAL MEETING

• a) The Management Committee shall send the notice for a general meeting to the Members’ address as shown in the register, at least 21 days before the date fixed for the holding of the general meeting. The notice shall specify the place, date and time of the meeting and the nature of the business to be transacted. The notice shall also inform Members that written notice may be given of any business to be considered at the general meeting as per clause 23 (b).

• b) A member desiring to bring any business shall give notice of that business in writing to the Management Committee at least seven days prior to the meeting. The Management Committee shall then include the business in that meeting.

24. QUORUM

• a) No business shall be transacted at any general meeting without a quorum.

• b) The presence of one third of the membership of the school at the beginning of the meeting shall be the quorum for a general meeting. If, within half an hour of the time appointed there is no quorum, the meeting convened shall not proceed. It shall stand adjourned to another day, within 14 days of the original meeting, and at such other time and place as the chairperson may determine.

• c) If at such adjourned meeting there is no quorum within half an hour of the appointed time for the meeting, the members present shall constitute a quorum for that meeting.

25. PROCEEDINGS AT GENERAL MEETINGS

• a) The chairperson of the Management Committee shall preside over the meeting. On his/her absence the members present shall elect one of the Management Committee members to preside.

• b) The chairperson may, with the consent of the members present, adjourn a meeting, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting during which the adjournment took place.

• c) Resolutions shall be carried by a simple majority vote of the members present at the meeting.

• d) A secret ballot may be used to carry any resolution at the discretion of the chairperson or by resolution of the meeting passed by two-thirds of the members present. In the case of equality of votes, the chairperson shall have a second or casting vote.

• e) Where the Rules are silent on procedural matters, the chairperson’s ruling shall be followed in the conduct of meetings.

• f) A parent shall be entitled to appoint parent’s spouse or another parent as proxy by notice given to the chairperson of the management committee not later than 24 hours before the time of the meeting in respect of which the proxy is appointed.

26. MINUTES

• a) The Secretary shall keep minutes of proceedings (including resolutions) of all general meetings and meeting of the Management Committee, together with a record of the names of members present at these meetings.

• b) Such minutes with any amendments as necessary, shall be accepted by the relevant membership at the next meeting and signed as correct by the chairperson of the meeting at which the proceedings took place or by the chairperson of the next meeting.

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PART VII. MISCELLANEOUS

27. SUBCOMMITTEES

• a) The Management Committee may appoint subcommittees comprising Parents, and/or Teachers for specific purposes. Non members may also be included as deemed necessary by the Management Committee.

• b) The members of a sub-committee shall meet as they see fit or as directed by the Management Committee and shall report to the Management Committee.

28. RULES

• a) Members shall be bound by these Rules.

• b) The Management Committee shall ensure that a copy of these Rules and of any amendment to these Rules is forwarded to each member of the school if the person requests.

29. AMENDMENTS OF RULES

• a) Members of the School may amend the Rules from time to time by resolution passed by at least three-quarters of the members present at any general meeting.

• b) At least 21 days notice shall be given for any general meeting at which an amendment to the Rules is to be considered. The notice for such a meeting shall contain all the terms of the proposed amendment clearly set forth.

30. ASSET REGISTER

An asset register shall be maintained by the Management Committee and a copy of the register shall be provided to each location and the Association for record & audit purposes.

31. ISSUES, COMPLAINTS AND FEEDBACK

• a) If there are any issues they shall be brought to the attention of the Vice Principal.

• b) In the event of an issue being unresolved, it may be referred to the Management Committee, through the principal.

• c) If the Management Committee is unable to resolve the issue, it may be referred to a Parents’ meeting.

32. DISCIPLINING OF MEMBERS

• a. If the Executive Committee is of the opinion that a member,

        (i) has persistently refused or neglected to comply with a provision of these Rules; or

        (ii) has persistently and willfully acted in a manner prejudicial to the interests of the school;

the Management Committee may, by resolution,

        (iii) expel the member from the school; or

        (iv) suspend the member from the rights and privileges of membership of the school for a specified period that the Management Committee may decide.

• b. A resolution of the Management Committee under subsection 32 (a) is of no effect unless the Committee, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under subsection 32 (c), confirms the resolution in accordance with this section.

• c. If the Management Committee passes a resolution under subsection 32 (a), the Secretary must, as soon as practicable, serve a written notice on the member,

  • (i) setting out the resolution of the Committee and the grounds on which it is based; and 

  • (ii) stating that the member may address the Committee at a meeting to be held not earlier than 14 days and not later than 28 days after service of the notice; and 

  • (iii) stating the date, place and time of that meeting; and 

  • (iv) informing the member that the member may do either or both of the following:

    • (a) attend and speak at that meeting;

    • (b) submit to the committee at or before the date of that meeting written representations relating to the resolution.

• d. Subject to the Act, section 50, at a meeting of the Management Committee mentioned in subsection (b), the committee must-

  • (i) give to the member mentioned in subsection (a) an opportunity to make oral representations; and

  • (ii) give due consideration to any written representations submitted to the Committee by that member at or before the meeting; and

  • (iii) by resolution decide whether to confirm or to revoke the resolution of the Committee made under subsection (a).

• e. If the Committee confirms a resolution under subsection (d), the Secretary must, within 7 days after that confirmation, by written notice inform the member of that confirmation and of the member’s right of appeal under section 33.

• f. A resolution confirmed by the Management Committee under subsection (d) does not take effect-

  • (i) until the end of the period within which the member is entitled to appeal against the resolution if the member does not exercise the right of appeal within that period; or 

  • (ii) if within that period the member exercises the right of appeal- unless and until the school confirms the resolution in accordance with section 33(d).
    

33. OTHER

• a) The consumption of alcohol and entry into premises where CTS events, activities or programs are held is strictly prohibited. The chairperson shall ask the person to leave the premises, if as-sistance is refused, the chairperson shall request the authorised personnel to remove the per-son from the premises.
• b) The school has a syllabus and operates under a national standard. Any changes to this standard should be addressed in consultation with the management committee. Student’s class allocation is based on his/her age and main school year.
• c) For a student to participate at the ITV programs, 80% attendance is required during the school year except for new students.
• d) In some extenuating circumstances, the school shall operate on line. Parents shall be responsible for online safety policies.

Please refer to the CTA’s clause 10 A on the right of appeal of disciplined member.