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REGULATION

Terms of Reference of Jurisdictional Committees
Approval Date: February 2016
Review Date: February 2019
Review By: Board


1. Purpose of Regulation

This Regulation sets out:
  • the terms of reference for jurisdictional committees of the College ('jurisdictional committees');
  • the responsibilities of jurisdictional committees and their members;
  • requirements relating to meetings of jurisdictional committees; and
  • requirements relating to membership and election of jurisdictional committees.
These Regulations revoke and replace the following Regulations:
  • Jurisdictional Committees Regulations, approved by the Board in November 2013
  • Conduct of Jurisdictional Committee Elections Regulations, approved by the Board February 2012.
2. Background

Jurisdictions and jurisdictional committees are established under clause 15 of the College Constitution ('Constitution').

The role of jurisdictions, set out in clause 15.5 of the Constitution, is to
  • provide opportunities for professional interaction and development for Members who reside in the jurisdiction or who have joined the jurisdiction;
  • assist to ensure effective communication between the College and its Members;
  • assist the College to ensure efficient and effective administration within the jurisdiction;
  • advise the Board and/or the College on relevant issues affecting Members who reside in the jurisdiction or issues affecting the practice of medical administration generally within the jurisdiction;
  • promote and support the activities of the College within the jurisdiction, and
  • such other roles as are delegated to it from time to time.
Clause 15.6 of the Constitution provides that jurisdictional committees are responsible for leading the jurisdiction in all its activities. Each jurisdictional committee may exercise any power delegated to it by the Board from time to time, but in the absence of a specific delegation is to act in an advisory capacity only.

The Board may, under clause 12.2.5 of the Constitution, make regulations for the establishment, regulation and dissolution of committees. These regulations are made, pursuant to that power, to make further provision for the establishment and regulation of jurisdictional committees.


3. Terms of Reference of Jurisdictional Committees

For the purpose of meeting the responsibilities of a jurisdictional committee under the Constitution, the terms of reference of each jurisdictional committee shall be to:
  • promote and encourage local education and training activities on behalf of the College;
  • provide opportunities for professional interaction, training and development for Members who reside or practice in the jurisdiction;
  • provide a forum for effective communication between the College and Members who reside or practice in the jurisdiction;
  • if requested by the Board, provide advice on training and professional issues affecting Members who reside in the jurisdiction or the practice of medical administration within the jurisdiction;
  • host, organise, carry out, provide, participate in, promote and support the College's services, events and activities within the jurisdiction;
  • subject to first obtaining the authorisation of the Board, to make submissions or nominations on behalf of the College to government enquiries and policy development activities relevant to medical administration within the Jurisdiction; and
  • generally to assist the College to carry out its activities within the jurisdiction.

4. Responsibilities of Members of jurisdictional committees

Each person who is a member or office bearer of a jurisdictional committee is responsible, in accordance with the terms of reference set out in regulation 3, for ensuring that the jurisdiction performs the role set out in clause 15.5 of the Constitution.

Members and office bearers of jurisdictional committees are expected to:
  • participate in, promote and facilitate local education and training activities and events;
  • devote adequate time and attention to preparing for and attending meetings of the jurisdictional committee;
  • periodically develop work programs in consultation with the Board and the Chief Executive; and
  • actively monitor the performance and delivery of those work programs.
Members and office bearers of jurisdictional committees must:
  • comply with all codes, policies and other requirements of the College (including those applying to conflicts of interest, confidentiality and privacy);
  • not make representations, submissions or undertakings that purport to be on behalf of the College, or take any action that purports to bind the College to perform any obligation, without the prior written authorisation of the Board or the Chief Executive; and
  • not enter into contracts or agreements, or otherwise incur expenses or liabilities, on behalf of the College or the jurisdiction except in accordance with financial authorities as determined by the Board from time to time, or with the prior written authorisation of the Board or the Chief Executive.
A member of a jurisdictional committee is not entitled to any fees or remuneration in respect of his or her membership of the Committee or participation in Committee activities.


5. Jurisdictional Committee Finances

Jurisdictional committees who wish to seek or apply for funding or payment from external bodies must comply with the following requirements:
  • Authorisation in writing must be obtained from the Board or the Chief Executive before submitting any application, tender or proposal.
  • All funding or payment must be supported by a written contract or agreement. However, no contract or agreement (including a grant agreement, sponsorship agreement or services contract) may be entered into without the prior written authorisation of the Board or the Chief Executive.
  • All funding and payments received must be paid into a bank account a jurisdictional committee for that purpose and maintained by the RACMA National Office.
  • Funds must only be disbursed for the purpose for which, and in accordance with the terms on which, the funds were provided by the external body.
  • Funds expended by jurisdictional committees must be for the benefit of Members in the jurisdiction, and in accordance with the Regulation: Delegated Authority. Proposed expenditure in excess of the jurisdictional committee delegation ($500.000) will be approved by the Chair Finance and Audit Committee and/or Chief Executive according to the Regulation: Delegated Authority.
  • Quarterly summaries showing moneys paid into and disbursed out of any jurisdictional committee bank account maintained by the RACMA National Office will be provided to the jurisdictional committee following completion of the quarterly BAS statement by the College Accountant.
  • The accounts of each jurisdictional committee will be included in the annual audit of the College's accounts. Each jurisdictional committee chair will be provided with a set of audited accounts of his or her jurisdictional committee and must, if required, meet with the chairperson of the Finance and Audit Committee and the College auditor to discuss the audited accounts and financial performance of the jurisdiction.
Jurisdictional committees may apply to the Chief Executive for supplementary grants from the College for initiatives and/or committee operating costs. Such requests should be made by February for the following financial year to enable appropriate budgeting. Allocation of such supplementary grants to jurisdictional committees must be approved by the Finance and Audit Committee.


6. Meetings of Jurisdictional Committees

The Constitution sets out the following requirements for meetings of jurisdictional committees:
  • Each jurisdictional committee may, subject to the Corporations Act, the Constitution and the regulations and policies of the Board, regulate proceedings as it sees fit (clause 15.7).
  • Each jurisdictional committee must meet at least twice each year (clause 15.8).
  • One half of the total number of members of the jurisdictional committee personally present will be a quorum (clause 15.8).
  • Minutes of all proceedings of the jurisdictional committee and committees formed by the jurisdictional committee must be entered into books kept for the purpose (clause 15.9.2).
  • Minutes must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting (clause 15.9.2).
  • A copy of all minutes must be sent to the Board (clause 15.9.3).
These Regulations provide further:
  • The jurisdictional committee shall select a chairperson from the members of the jurisdictional committee who are Fellows. The name and contact details of the Chair must be provided to the College Secretariat.
  • A meeting of the jurisdictional committee may be held by telephone or other electronic means.
  • Minutes of proceedings must be sent to the Chief Executive within 2 weeks of the meeting for presentation to the next monthly Board Meeting.

7. General Meetings of Jurisdictions

The Constitution sets out the following requirements for meetings of jurisdictions:
  • Each jurisdiction must hold a general meeting once in each calendar year and such other meetings of its Members as determined by the jurisdictional committee (clause 15.11)
  • The chairperson of the jurisdictional committee will preside over each meeting of the jurisdiction unless he or she is absent, in which case the Fellows present must elect a chairperson for the meeting (clause 15.12).
  • Procedures for meetings of each jurisdiction will be prescribed by the jurisdictional committee (clause 15.13).
  • Only Fellows may vote on resolutions put to the vote at a meeting of a jurisdiction (clause 15.14).
These Regulations provide further:
  • A meeting of the jurisdiction may be held by telephone or other electronic means.
  • One half of the total number of members of the jurisdiction personally present will be a quorum.
  • Minutes of meeting must be entered into books kept for that purpose, signed by the chairperson of the meeting and sent to the Chief Executive within 2 weeks of the meeting for presentation to the next monthly Board Meeting.

8. Annual Meeting of Jurisdictional Committees, Chairs, Board Representatives and Officeholders

The Constitution requires that there be an annual meeting between members of the Board, the chairperson of the Education and Training Committee and the chairpersons of each jurisdictional committee. The Constitution sets out the following requirements:
  • At least annually, the Board must convene a meeting of the chairpersons of all jurisdictional committees and at least 6 Directors and the chairperson of the Education and Training Committee. The Board may invite other persons with relevant expertise to attend. The purpose of the meeting will be to ensure effective communication between the Board, the Officeholders of the College and the jurisdictional committees and to enable the jurisdictional committees to contribute to the strategic and planning activities of the Board (clause 15.15).
  • At least 40 business days' notice of the meeting must be given to the jurisdictional committees (clause 15.16).
  • The chairperson of a jurisdictional committee may nominate another member of the jurisdictional committee to attend in their place (clause 15.17).
  • The Chief Executive will prepare an agenda following consultation with the Board and the chairpersons of the jurisdictional committees. The agenda must include an opportunity for the chairperson of each jurisdictional committee to present a jurisdictional report (clause 15.18).
  • The Chief Executive must ensure that a comprehensive record of the meeting including copies of jurisdictional reports and agreed outcomes is recorded and distributed to the Board and to each of the jurisdictional committees.
These Regulations provide further:
  • A meeting between the Board and jurisdictional committees may be held by telephone or other electronic means.
  • Minutes of meeting must be entered into books kept for the purpose and signed by the chairperson of the meeting.

9. Membership of Jurisdictional Committees

Clause 15.6 of the Constitution provides that each jurisdiction must elect a jurisdictional committee consisting of a chairperson who is a Fellow and at least 3 other Members, as determined by the jurisdiction from time to time. A jurisdictional committee must be comprised of Members who reside in or who have joined that jurisdiction in accordance with clause 15.4. The majority of the members of the jurisdictional committee must be Fellows.

Clause 15.10 of the Constitution provides that casual vacancies on any jurisdictional committee may be filled by the remaining members of the jurisdictional committee from among the Members who reside in or who have joined the jurisdiction.

These regulation make further provision in relation membership and election of jurisdictional committees.

The Board may determine the size and composition of jurisdictional committees from time to time, and for that purpose may determine that a specified number of positions on a committee are reserved for a particular class of Member, provided that no committee may have fewer than four members, and provided also that the majority of members of the committee are Fellows. Each committee should as far as possible include as members:
  • a Fellow whose role it is be Coordinator of Training for the jurisdiction and may be invited to represent the jurisdictional committee on standing committees of the Board;
  • a Fellow whose role it is to be CEP Co-ordinator, responsible for matters relating to the professional development, and to be a member of a CEP Sub-Committee within the Education and Training Committee of the Board;
  • two Fellows whose role it is to represent the broad interests of College Fellows
  • an Associate Fellow, and
  • a Candidate.
  • the immediate jurisdictional committee chair and a current Board member may be ex officio members of the jurisdictional committee
A Members who is a Fellow or Associate Fellow shall be elected to a jurisdictional committee for a term of three years, but may be re-elected for one further term .

A Member who is a Candidate shall be elected to a jurisdictional committee for a term of two years or until the end of his or her Candidacy (whichever is sooner).


10. Jurisdictional Committee Elections

Clause 15.10 of the Constitution provides that casual vacancies on any jurisdictional committee may be filled by the remaining members of the jurisdictional committee from among the Members who reside in or who have joined the jurisdiction.

These regulations make further provision in relation to membership and election of jurisdictional committees.

Elections for jurisdictional committees shall be held at such times and, subject to this Regulation, in such manner, as the Board determines.

The Board shall appoint a returning officer to oversee the nomination and election process and report to the Board. The RACMA National Office will co-ordinate nominations and the conduct of the election.

Where the Board has determined that a specified number of positions on a jurisdictional committee is reserved for a particular class of Member or classes of Member, voting will take place within the classes of membership so determined.


11. Nominations

A Member who resides in or who has joined a jurisdiction may nominate for election as a member of the jurisdictional committee of that jurisdiction, provided that all membership and other fees that the Member is required to have paid to the College have been paid. A Member who wishes to nominate for election to a jurisdictional committee must:
  • complete and sign a consent to act form in a form approved by the Board:
  • have the form signed by two Members of the same class of Membership as the nominee who reside in or have joined the jurisdiction; and
  • deliver the duly completed and signed form, or send it by post or other electronic, means to the Returning Officer by the closing time and date determined by the Returning officer.
If the number of nominations for positions in a membership class:
  • exceeds the number of positions that have been determined by the Board as reserved for that membership class—an election shall be held among the Members of that membership class who reside in or who have joined the jurisdiction;
  • is equal to the number of positions that have been determined by the Board as reserved for that membership class—the nominee or nominees shall be elected unopposed; and
  • is less than the number of positions that have been determined by the Board as reserved for that membership class—a casual vacancy arises.
An election for membership of a jurisdictional committee may be conducted by postal or electronic ballot.


Last Updated on Wednesday, 17 August 2016 16:46