For more information please contact the Executive.
OUR CONSTITUTION
NAME
1. The name of the Association is "Association of Australasian Acoustical
Consultants".
OBJECTS
2. The objects for which the Association is established are:
(a) To inform the public of the role and responsibilities of Acoustical
Consultants and, in particular, the services which such consultants provide.
(b) To establish and encourage adherence to standards of professional behaviour
and conduct for acoustical consultants.
(c) To provide members with a forum for exchange of information on matters
relating to acoustics.
(d) To cooperate and liaise with other Associations and bodies with respect to
matters of mutual acoustical interest.
(e) To inform and protect the community by discouraging, clarifying, negating
or questioning unclear inaccurate or unproven representations of an acoustical
nature.
(f) To cooperate and liaise with authorities and associations having similar or
analogous interests and in so doing, to contribute to the establishment, maintenance
and application of standards, laws and registrations.
(g) To encourage amongst the members of the association a high professional
standard in all matters of practice including the calibration and use of
instruments, measuring techniques and data processing employed by acoustical
consultants.
(h) To promote the welfare of acoustical consultants and the common interests
of the members of the association and to do all such things as may be
meaningful and lawful from time to time.
HONORARY MEMBERSHIP
3. Honorary Membership for a prescribed period of time or a Citation may be
conferred upon a Member of the Association or an individual in recognition of
service and contribution to acoustics and to the standing and welfare of
acoustical consultants.
ORDINARY MEMBERSHIP
4. Membership shall be Member or Member (International); unless the context
indicates otherwise Member and Member (International) are hereafter collectively called Member.
5. Membership at Member grade may be granted to consultancies structured as:
(a) Sole Practitioners
(b) Partnerships
(c) Incorporated companies
(d) Separated and distinct groups or divisions of partnerships or companies
(e) Such other structure as is acceptable to the Association
6. Membership shall conform to the following:
(a) The principals, partners and directors taking technical responsibility for
each consultancy shall be a corporate Member of the Australian Acoustical
Society or Acoustical Society of New Zealand. Each such person shall also
satisfy the Association that they hold a recognised tertiary qualification in a
discipline pertinent to acoustics and/or have the professional experience to
practice acoustical consulting in the area of work undertaken by the
consultancy.
(b) Each consultancy shall have demonstrated the ongoing economic and
professional viability of the consultancy by having been in practice for the
previous two years, except that when a consultancy divides and the principals
of that consultancy become principals of separate consultancies, the need for a
further two year waiting period may be waived at the discretion of the AAAC
Executive Committee. Similarly, when a Member consultancy merges with another
consultancy, or takes in another partner and the consultancy structure and name
change; the two year viability establishment period may be waived at the
discretion of the AAAC Executive Committee. Similarly, when a principal,
partner or director taking technical responsibility for a Member firm leaves
that Member, to either start a new branch office of the firm or to start a
completely separate consultancy, the two year viability establishment period
may be waived at the discretion of the AAAC Executive Committee.
(c) Full membership and separate representation may be granted to a branch
office which has common or part common ownership by a AAAC Member consultancy,
provided that it meets all the other conditions of ORDINARY MEMBERSHIP of this
constitution; and further provided that only one vote may be recorded by that
group of two or more consultancies when voting on Constitutional changes.
Common or part-common ownership means that a Principal/Partner or shareholder
of one consultancy is a Principal/Partner or shareholder of another
consultancy.
(d) Where a Member consultancy has two or more divisions the name of each
consulting division shall indicate that it is related to, or is a division or
branch of the other consultancy or consultancies.
(e) No two members of the Association; as distinct from divisions of a Member,
shall have names which are sufficiently alike as may result in confusion in the
public's mind.
(f) Members shall conform to the CONTINUING MEMBERSHIP REQUIREMENTS of this
constitution.
(g) The consultancy shall be based in Australia or New Zealand.
7. Membership (International) may be granted to an Acoustical Consultant
resident or normally resident outside Australia or New Zealand and in other
respects complying with the requirements of ORDINARY MEMBERSHIP.
ELECTION TO MEMBERSHIP
8. Election to membership shall take place in the following manner:
(a) The applicant for membership shall present the qualification held and
particulars of relevant experience to the Association.
(b) The Executive Committee of the Association shall; if satisfied with the
applicant's qualifications, experience and professional conduct; advise all
members of the Association of the applicant's application. So that existing
members can make an informed decision, a copy of the applicant's application
shall be forwarded to such existing members as request a copy from the
secretary.
(c) If within 30 calendar days of this advice no objection has been received
from the Members of the Association, the applicant shall be deemed to be a
Member of the Association within such category of membership as shall have been
determined and subject to the payment of appropriate dues and joining fees.
(d) Should there be an objection, the Chairman and one other member of the
Executive Committee appointed by that Committee, shall hear the objector or a
representative of Objectors to elicit the nature of the objection. The Chairman
shall then advise the Executive Committee of the nature of the objection and
that Committee shall reconsider the application. If the Committee is then
satisfied with the applicant's qualifications, experience and professional
conduct, then the applicant shall be deemed to be a Member of the Association
within such category of membership as shall have been determined and subject to
the payment of appropriate dues and joining fees.
(e) The Association reserves the right to give no reason for its decision.
CONTINUING MEMBERSHIP
REQUIREMENTS
9. Each consultancy shall provide acoustical consulting services to the
community as its day-to- day principal activity and shall not derive more than
one half of its fees from a single client.
10. No principal, partner or director of a consultancy shall undertake
activities which will prejudice the impartiality of the consultancy.
11. No related or associated organisation of a consultancy shall undertake
activities which will prejudice the impartiality of the consultancy.
12. All persons, Principals and staff, authorising reports of the consultancy
or otherwise taking technical responsibility of each consultancy shall be a
corporate Member of the Australian Acoustical Society, Acoustical Society of
New Zealand or equivalent society as approved by the Executive.
13. Members shall at all times carry professional indemnity insurance to a
minimum amount of cover as determined from time to time by the Association with
respect to acoustical consulting assignments being carried out or to be carried
out by them within Australia or New Zealand and overseas.
14. All members shall:
(a) Complete the Association's Annual Return within the time set by the
Association.
(b) Pay annual and other dues within the time set by the Association.
(c) At all times conform to the CODE
OF ETHICS adopted by the
Association.
(d) Conform to such other requirements of the Association as adopted from time
to time.
CENSURE OF A MEMBER
15. The Association may censure a Member for failing to comply with the
established ethics of the Association or the accepted principles of practice and conduct of the members
thereof and such censure shall be in the form of a letter under the hand of the
Chairman for the time being of the Association to such Member.
SUSPENSION OF
MEMBERSHIP
16. If upon examination and consideration by the Executive Committee, a Member
is found in default of the CONTINUING MEMBERSHIP REQUIREMENTS, then that Member
may be suspended by the Executive Committee.
(a) As part of its deliberations the Executive Committee in its sole discretion
may consult with any other person or organisation; including the Association in
General Meeting.
(b) As part of its deliberations the Executive Committee in its sole discretion
may allow and consider submissions by the defaulting Member.
(c) The Executive Committee may determine to suspend a Member:
i Until the satisfactory action or performance by the defaulting Member OR
ii Until a date fixed by the Executive Committee.
17. During the period of the suspension the Member shall not be eligible to
participate in any proceedings of the Association.
18. The Representation of any suspended Member shall during the period of any
suspension be deemed to have ceased.
19. Any person being an elected officer of the Association shall during the
period of any suspension imposed upon the Member be deemed to have relinquished
such elected office.
20. Suspension for non-payment of any sum due to the Association shall be for a
period not exceeding sixty (60) days but such suspension may be renewed if at
the expiration of the first period of suspension the sum or sums due to the
Association have not been paid but such extension shall not exceed a period of
sixty (60) days in any event.
21. Any suspension may at any time be waived if in the opinion of the Executive
Committee the reason therefore no longer exists or if a satisfactory
explanation for non-payment has been made.
22. Such suspension may be waived by the Executive Committee at any time if a
satisfactory explanation for the cause of the suspension shall be given by the
Member.
23. During the period of the suspension for a cause other than non-payment of
any sum due to the Association the Member shall remain liable to pay all sums
due to the Association by the Member.
TERMINATION OF
MEMBERSHIP
24. A Member shall cease to be a Member of the Association:
(a) Upon death or resignation of a sole practitioner; or if the consulting
entity ceases.
(b) If being a Member (International) ceases to be resident outside Australia
or New Zealand.
25. If in the opinion of the Association, and as so determined by a majority of
all members of the Association a Member no longer conforms to the REQUIREMENTS
OF MEMBERSHIP and/or the CONTINUING MEMBERSHIP REQUIREMENTS as provided for in
this the constitution ; then that Member shall cease to be a Member provided
that:
(a) the Member is advised of the intention of the Association to determine
membership.
(b) the Member is given an opportunity to dispute the determination of
membership, either personally or in writing at a meeting of the Association of
which due notice shall be given to the Member of at least 30 calendar days
prior to such meeting.
(c) such Member be advised in writing by the Association of their right to be
represented by legal Counsel at such a meeting of the Association and may bring
and present witnesses to such meeting and to request any reasonable adjournment
of such meeting.
(d) due consideration be given to any submission made by such Member or Counsel
on the Member's behalf and other witnesses.
REPRESENTATION
26. A Representative of each Member firm,
partnership, company or separate and distinct branch or division shall be
designated in writing under the hand of the management of that Member firm to
be it's Representative to the Association. The Representative shall be a
Principal or Manager as per the requirements of clause 6 (a) of this
Constitution.
27. A Delegate may be sent by a Member organisation in lieu of the
Representative to attend Meetings of the AAAC. The Delegate must be an
experienced and fully qualified acoustical consultant who is also a Member of
the Australian Acoustical Society, Acoustical Society of New
Zealand or equivalent society as approved by the Executive. The Delegate
is free to contribute to any matter under discussion but would not normally
vote on behalf of the Representative unless carrying a written proxy vote
signed by the Representative or a Principal of the Member firm. A Delegate may
not act as an Executive Member, but may attend an Executive Meeting as an
observer. A Delegate may be sent out of the meeting during delicate discussion
and voting at the discretion of the Chairman.
28. An Observer may be sent by a Member organisation or potential member
organisation to general meetings of the AAAC. An observer may only contribute
to discussion at the invitation of the Chairman, and has no voting rights. An
Observer may be sent out of the meeting room at the discretion of the Chairman.
VOTING RIGHTS
29. At all meetings of the Association each Member shall have one vote.
EXECUTIVE COMMITTEE
30. Members of the Association shall appoint at the first meeting thereof an
Executive Committee comprising the Officers named hereunder and who shall be
responsible for the management and control of the Association subject to such
terms and conditions as the members may impose thereon.
31. The Officers are:
Chairman
Vice-Chairman
Secretary
Not more than three other persons
32. In particular, the Executive Committee shall have power to:
(a) make rules and regulations for the conduct of its work and for the
administration of the Association not inconsistent with this constitution.
(b) have charge of the property of the Association.
(c) fill vacancies which may occur in any office.
(d) prepare an annual budget to be submitted to the members at the Annual
General Meeting.
(e) designate a confidential depository to collect due and assessments and to
handle any other confidential information which in the opinion of the Executive
Committee shall be delegated to an independent agency outside the Association.
(f) designate special Committees and define their powers and duties.
(g) assign special duties to the Officers and where necessary Members, and
(h) do all other acts not expressly reserved to the members by Statute, or
those by-laws which may be necessary or proper to carry out the aims of the
Association.
33. A Majority of members of the Executive shall constitute a quorum and the
Executive shall meet at such times as it determines or when called together by
the Chairman or any two Committee members thereof.
34. Members of the Executive shall be elected for a two-year term and be
eligible for re-election at the expiry of the term.
35. The Chairman shall normally preside at all meeting of the Association and
the Executive Committee and the Chairman shall be an ex officio member of any
Committee of the Association. The Secretary shall be the Public Officer of the
Association and shall in addition to the duties normally performed by a
Secretary keep and maintain a complete record of the business of the
Association.
36. An elected Officer or member of the Executive Committee shall be deemed to
have vacated their office of membership of the Executive Committee if the
Member is no longer the Representative of a Member partnership, firm, company
or separate and distinct group or division thereof or otherwise ceases to be a
Member of the Association, resigns from their position or is removed from
office. The vacancy so created shall be filled by appointment to be made by the
Executive Committee and the person so appointed shall hold the office or
membership appointment for the remainder of the term for which the Member's
predecessor was appointed.
SUB-COMMITTEES
37. The Association may by majority vote of the members appointment
sub-committees and determine the purpose thereof and the membership.
38. If not appointed by the Association; the members of the sub-committee shall
appoint the Chairman of each sub-committee from their own number.
39. Meetings of sub-committees shall be on the call of the Chairman of that
sub-committee.
FEES
40. Fees payable on application for membership and regular subscriptions for
membership shall be such as are determined from time to time by a two-thirds
majority of all Members of the Association.
GENERAL MEETINGS
41. For each year following the formation of the Association the members
thereof shall hold a meeting which shall be called the Annual General Meeting
and at which the business to be conducted shall include where necessary the
election of officers and members of the Executive Committee.
42. Any meeting of members other than the Annual General Meeting shall be an
Extraordinary Meeting to be normally convened on the call of the Chairman of
the Association or by the Executive Committee. However, any five members of the
Association may by notice in writing to the Secretary of the Association
requisition the calling of an Extraordinary Meeting and if such shall not be
called by the Chairman or the Executive Committee such members may themselves
call the meeting.
43. All meetings shall be at such places upon such dates and at such times as
shall be determined by the person or persons entitled to call the same and
notice of such meeting shall be given by such person or persons not less than
twenty days prior to the proposed meeting. An Extraordinary Meeting may be
called on not less than two days' notice provided than not less than three days
from the date of such meeting not more than one-third of the Members entitled
to attend such meetings have signified their inability to be present.
WINDING-UP
44. The Association shall not be dissolved except at a General Meeting of the
Association specially convened for the purpose and by a resolution carried by a
three-fourths majority of the votes recorded in respect of same.
45. If upon winding up or dissolution of the Association there remains after
satisfaction of all debts and liabilities, any property whatsoever, the same
shall not be paid to or distributed among Members of the Association but shall
be given or transferred to some other association having similar objectives to
the Association and which shall prohibit the distribution of its income and
property amongst its members to an extent at least as great as is imposed on
the Association, such organisation to be determined by the Members of the
Association at or before the time of dissolution and in default thereof by such
judge of the Supreme Court of Victoria as may have, or acquire jurisdiction in
the matter.
CONSTITUTION CHANGE
46. The Constitution of the Association may be
amended at any Annual General Meeting or Extraordinary Meeting of the
Association provided that:
(a) particulars of the proposed change to the Constitution is forwarded to each
Member at the time the meeting is called.
(b) any change to the Constitution is carried by a two-thirds majority vote of
all Members of the Association.
(c) where the change in the Constitution so approved by the said two-thirds
majority vote differs from the change proposed in the notice accompanying the
call of the meeting, such change shall not occur until notice thereof has been
given to the members not present at the meeting and after thirty days from the
giving of such notice.
NOT FOR PROFIT
47. The assets and income of the organisation shall be applied solely in
furtherance of its above-mentioned objects and no portion shall be distributed
directly or indirectly to the members of the organisation except as bona fide
compensation for services rendered or expense incurred on behalf of the organisation.
AAAC CODE OF ETHICS
Members of the Association of Australian Acoustical Consultants agree:-
1.
To maintain
the highest standards of business, professional and personal conduct and not disclose
confidential client information without permission.
2.
To provide
professional opinions in an objective and truthful manner, avoiding statements
that are untrue, demeaning, misleading or unethical.
3.
To avoid
misrepresentation of one’s skills and experiences and to undertake work only in
areas of competence, unless the client is informed of the member’s limitations.
4.
To disclose
any financial or other conflict of interest on an assignment.
5.
To maintain a
proper sense of responsibility to the client, community, employees, the
profession and the environment.
6.
To ensure
that staff are qualified and competently trained to handle the assigned task.
7.
To treat
other members of the AAAC with professional respect and refrain from public
criticism of one another. This does not
preclude members from providing responsible comment on another’s work when
called to do so. However, restraint
should be exercised in carrying out the review of another member’s work and
criticism be confined to those points that are truly relevant and objectively
important.
8.
When carrying
out a review of another member’s work take reasonable steps to inform that
member.
9.
To refrain
from taking over another member’s work on a project unless the client has
notified that member that their involvement has been discontinued.
10.
To take
reasonable steps to ensure that a client who overrules or neglects the member’s
advice is made aware of the possible consequences.
11.
To avoid
being placed under an obligation to a third party in dealing with a client, and
to refuse anything of substantial value from a third party.
12.
Not knowingly
omit from any finalised report any information that would materially alter the
conclusions that could be drawn from the report.