Proposed New Constitution
AHTA is a not-for-profit incorporated association under the Associations Incorporation Act 1981 (Qld) and is currently governed by the the Incorporation Associations Act QLD and ASIC. The AHTA operates under a Constitution (Own Rules) and By-Laws Version 25.
Associations that are incorporated under the Queensland Act can only operate in other states and territories by registering with Australian Securities & Investments Commission (ASIC) as a registered Australian body and obtaining an Australian Registered Business Number (ARBN).
The alternative and proposed option is to transfer its incorporation to a company limited by guarantee under the Corporations Act 2001 (Cth). AHTA is an association with members from and activities across Australia. It is, therefore, more appropriate for AHTA to be incorporated under the Corporations Act 2001 (Cth) as a company limited by guarantee.
The Management Committee is therefore proposing that AHTA transfer its legal structure from being an incorporated association to a company limited by guarantee. The new Constitution is written to comply with the requirements of a company limited by guarantee.
Changing the Association's mode of incorporation from an incorporated association to a company limited by guarantee does not alter the Association's legal status or identity. It is still the same entity with the same assets and liabilities, and any existing contracts will continue unaffected.
Consultation with Members
Members are invited to comment or ask questions about the proposed new Constitution.
The aim is to have a new constitution for approval or otherwise by the members at the 2021 AGM. A Discussion Paper outlining the Australian Hand Therapy Association (AHTA) constitution review project, including the reasons for the review, the process and timeline and a summary of the proposed changes for the new Constitution was circulated to members for comment by 29 January 2021 and members had an opportunity to attend a meeting to raise questions. Stage 1 of the consultation process has concluded.
The proposed (draft) AHTA Constitution is available now. Stage 2 of the consultation process provides members with the opportunity to comment. Please direct comments, questions or a request for a word version of the document so that you can mark up your comments to firstname.lastname@example.org.
Stage 2 consultation closes midnight on Sunday 23 May 2021.
Table 1: Consultation schedule for proposed Constitution
|Discussion Paper available to members||End November 2020|
|Member forums/teleconferences if required||Thursday 21 January 2021|
|Deadline for feedback on Discussion Paper||Friday 29 January 2021|
|Draft Constitution available to MC||Feb 2021|
|Draft Constitution available to members||May 2021|
|Member forums/teleconferences if required||31 May 2021|
|Deadline for submission of comments on the draft||7 June 2021|
|Final draft endorsed by COM||28 June 2021|
|Notice of Annual General Meeting – motion to pass a special resolution to adopt new Constitution||Mid-July (6 weeks before AGM)|
|Annual General Meeting held at the National Conference – members to vote on new Constitution||26-29 August 2020 at (Conference) AGM|
The ABN of the AHTA is: 72 874 453 636