11 - DIVISIONAL EXECUTIVE - CONSTITUTION
(a) There shall be a Divisional Executive which shall consist of the Divisional Officers, one Divisional Executive Member elected from each Divisional Section in each Branch, except in the case of the Telecommunications Officers Association, South Australian/Northern Territory, Western Australian and Tasmanian Telecommunications and Services Branches where only one Divisional Executive Member will be elected to represent the Branch. There shall be one Alternate Divisional Executive Member elected from each Divisional Section in each Branch except in the case of the Telecommunications Officers Association, South Australian/Northern Territory, Western Australian and Tasmanian Telecommunications and Services Branches where only one Alternate Divisional Executive Member will be elected to represent the Branch.
(b) The Divisional Executive shall be responsible for the full and proper carrying out of the directions of the Divisional Conference and plebiscite decisions of the membership.
12 - POWERS OF DIVISIONAL EXECUTIVE
(a) When Divisional Conference is not sitting the Divisional Executive shall, subject to paragraph (b) hereof, exercise all powers of the Divisional Conference and shall be responsible for the management of the Division's affairs, property and funds.
(b) The Divisional Executive shall not exercise any of the powers of the Divisional Conference described in Rules 7(g), (h), (i), (k), (n), (o), (p), and (q).
(c) Except as provided in paragraph (b) of this Rule, unless the contrary intention appears, for the purpose of exercising any power a reference in these Rules to the Divisional Conference shall be deemed to include the Divisional Executive and a decision of Divisional Executive so taken shall have the same force and effect as if made by the Divisional Conference.
13 - DIVISIONAL EXECUTIVE MEETINGS
(a) The Divisional Executive shall meet when determined by the Divisional President and Divisional Secretary or as provided in sub-rule (b). The Divisional Secretary shall give reasonable notice of all meetings to all members of Divisional Executive and Branches. Not more than four calendar months shall elapse between any two meetings of the Executive, provided that a meeting of the Divisional Conference shall be regarded as taking the place of a meeting of the Executive in determining the maximum period between any two meetings.
(b) (i) On the joint decision of the Divisional Secretary and Divisional President or receipt of a request in writing specifying a matter of importance to the Union, signed by six Branch Secretaries or a request by five Branch Committees of Management, the Divisional Secretary shall, no later than 7 days after receipt of the request, convene a special meeting of the Divisional Executive to be held no later than 28 days after the receipt of the request.
(ii) At a special meeting of Divisional Executive convened under paragraph (i) the business of the meeting shall be the matter of importance to the Union specified in the request.
(c) In and during the unavoidable absence of a Divisional Executive Member, the duly elected Alternate Divisional Executive Member from the same Branch shall take the place of the Divisional Executive Member and shall then have all the powers, rights and duties conferred by these Rules and be entitled to receive such salary and expenses that the Divisional Executive Member would have received in the performance of the office. Provided that before taking the place of the Divisional Executive member, the Alternate Divisional Executive Member shall present to the Divisional Secretary a certificate signed by the Branch President and Secretary that, due to the unavoidable absence of the Divisional Executive Member for a specified period, the Alternate Divisional Executive Member will take the place of the Divisional Executive Member during this period. Alternate Divisional Executive Members shall be elected equal in number to the number of Executive members each Divisional Section or Branch is entitled to under Rule 11. In the event of the unavailability of the Alternate Divisional Executive Member the Divisional Conference Member may act in his/her stead as determined by Branch Committee of Management and subject to this Rule.
(d) No Branch shall be entitled to be represented at a meeting of the Divisional Executive until all monies due to the Divisional Executive shall have been fully paid up to the end of the quarter last preceding the opening date of the meeting of the Divisional Executive. In the case of members contributions to Divisional Conference, a Branch shall be entitled to be so represented if it has complied with the provisions of Rule 47.
(e) The expenses of Officers attending meetings of the Divisional Executive shall be defrayed by the Divisional Executive out of the funds of the Divisional Executive. The expenses, except in salary, of Executive members attending meetings of the Divisional Executive shall be defrayed by the Divisional Executive out of the funds of the Divisional Executive. The salary of the Executive members shall be paid by their respective Branch.
(f) The Divisional Executive will control and authorise the use of any emblem, logo or identification illustration or mark which is adopted by the Division as its identifying emblem.
(g) The order of business at Divisional Executive will be: (i) Reading and confirmation of minutes; (ii) Business arising out of minutes; (iii) Divisional Secretary and Divisional President's Report and business arising; (iv) Questions without discussion for fifteen minutes; (v) Reports from each Branch and other reports including Divisional Council Reports and minutes and business arising; (vi) Passing of working expenses, financial statements and Division finances; (vii) Correspondence; (viii) Adjourned business; (ix) Business submitted by Branches; (x) General Business.
14 - DIVISIONAL EXECUTIVE - QUORUM
Divisional Executive shall be properly constituted if at least fifty percent of Officers and fifty percent of members (including members from at least six Branches) are present.
15 - DIVISIONAL EXECUTIVE AGENDA AND OUT OF SESSION DECISIONS
(a) All proposals from Divisional Officers, members of Divisional Executive, members of Divisional Conference, Divisional Councils, Branch Committees of Management or Branch General Meetings for consideration by ordinary meetings of the Divisional Executive shall be forwarded to the Divisional Secretary at least two weeks prior to the meeting.
(b) The Divisional Secretary shall forward to each member of Divisional Executive and to each Branch, a copy of the agenda at least one week prior to the meeting.
(c) Divisional Executive may at any meeting resolve to deal with a matter notwithstanding that the requirements of sub-rules (a) and (b) have not been complied with.
(d) The requirement of sub-rules (a) and (b) as to notice and the circulation of agenda papers shall be directory not mandatory and the accidental or inadvertent omission to give the full notice required (to any person entitled to same) shall not of itself invalidate the proceedings of the Divisional Executive meeting at which such matter is considered.
(e) At any time when Divisional Executive is not meeting a member of Divisional Executive may move a motion for decision of the Divisional Executive by a vote communicated to the Divisional Secretary by letter, electronic mail, facsimile machine or telephone provided that any vote taken by letter, electronic mail, facsimile machine or telephone shall be confirmed in writing to the Divisional Secretary. Such motions shall be submitted to the Divisional President and may be supported by reasons for the motion. Each member of Divisional Executive shall, as soon as practicable, but no later than 14 days after circulation, return his/her vote to the Divisional Secretary.
(f) If the Divisional President considers a motion pursuant to Sub-rule (e) to be out of order he/she shall rule accordingly and advise the originating member of Divisional Executive of his/her reasons for so ruling. The member of Divisional Executive may then move a motion of dissent from the ruling of the Divisional President, in which event such motion and all correspondence thereon shall be distributed to each member of Divisional Executive.
(g) No Divisional Executive Member shall be entitled to vote in the telephonic, facsimile, electronic mail or postal ballot of members of the Divisional Executive until all monies due to the Divisional Conference by the Branch which that member represents shall have been fully paid up in accordance with the provisions of Rule 47
(h) Notwithstanding the provisions of sub-rule (e) above, the Divisional Secretary and Divisional President may jointly convene a meeting of the Divisional Executive by way of a telephone hook-up. The Divisional Secretary shall provide to Divisional Executive members reasonable notice of the proposed telephone hook-up of the Divisional Executive. All decisions made pursuant to this sub-rule shall have the same force and effect as if made under Rule 13 or sub-rule (e) above.
16 - DIVISIONAL EXECUTIVE VOTING
(a) The voting power of Divisional Officers and Executive members shall be as follows:
(i) For Executive members the voting power shall be calculated on the same basis as calculated for Delegates to Divisional Conference under Rule 5(f)(i).
(ii) For the purposes of this sub-rule, the number of members for a Divisional Section or Branch will be the actual number of financial members as at 31st March in each year. In determining the voting power for a Divisional Section or Branch, each Branch Secretary shall forward to the Divisional President, no later than one (1) month after the end of the financial year the number of financial members for a Divisional Section or Branch as at 31st March in that year. The Divisional President will notify the Branch Secretary and Divisional Executive of the voting power of the Divisional Section or Branch. The voting power determined under this sub-rule will apply from 1st June in that same year. Provided that any question which may be in the course of decision by postal voting at the 1st June, the voting power shall be that applying at the time the question was moved.
(iii) The Divisional Officers shall have five votes each. Provided that where a Divisional Officer is also an Executive member representing a Divisional Section or Branch, the Divisional Officer shall only exercise the voting power he or she has as an Executive member. For the purposes of this Rule, the number of members for Divisional Section or Branch will be the actual number of financial members at the end of the financial year preceding the date of calling of the elections.
(b) A proposal is determined in the affirmative if:
(i) a majority of votes are recorded in favour; and
(ii) at least 40% of the combined votes cast by the Postal and Lines and General-Executive members are in favour; and
(iii) at least 40% of the combined votes cast by the Technical and Operator-Executive members are in favour; and
(iv) at least six Branches record their vote in favour. A Branch is determined to be in favour if more than 50% of the voting power of Branch delegates is cast in favour.
If a member who is entitled to vote at any election held under these Rules will be absent from his/her usual address during a ballot such member may apply to the Returning Officer for a ballot paper to be sent to him/her at an address which he/she nominates.
Divisional Conference and Divisional Executive shall have the power to make by-laws for the conduct and management of the Division and of any of the Divisional Councils thereof, provided that any by-law so made does not conflict with these Rules.
18 - DIVISIONAL RETURNING OFFICER AND DEPUTY DIVISIONAL RETURNING OFFICERS
(a) A Divisional Returning Officer shall be appointed by Conference at its meeting which precedes the year of election conducted pursuant to Rule 21 from a list of candidates who are financial members of the Branch within the State in which the Divisional Office of the Division is situated, and who do not hold any other office in, nor are employees of, the Union or a Branch, Section or Division of the Union. Candidates for selection as Divisional Returning Officer must make application in writing to the Divisional Secretary. Applications must contain the address of the candidate and will close with the Divisional Secretary at twelve noon on the opening day of the Divisional Conference.
(b) Branch Returning Officers shall be recognised as Deputy Divisional Returning Officers.
(c) The Divisional Returning Officer shall be responsible for the conduct of the ballot for the election of Divisional Officers and for such other ballots and plebiscites as he/she may be required to conduct pursuant to these Rules.
(d) If the person appointed as Divisional Returning Officer subsequently desires to nominate for any elected position in the Union, or a Branch thereof, he/she shall be required to tender his/her resignation from the position of Divisional Returning Officer prior to the calling of nominations for any such position. Such resignation shall be in writing and delivered to the Divisional Secretary. Whenever the position of Divisional Returning Officer becomes vacant (by resignation or otherwise) between Divisional Conferences, a new Divisional Returning Officer shall be appointed by the Divisional Executive.
(e) Should the Divisional Returning Officer be unavailable to perform a particular task or to conduct a ballot as required by the Rules, the Divisional Executive may nominate one of the Deputy Divisional Returning Officers to perform the duty or duties of the Divisional Returning Officer.
19 - NOMINATIONS FOR DIVISIONAL OFFICE
(a) (i) Candidates for office on the Divisional Executive including Divisional President, Divisional Vice-Presidents (including Vice-President (Affirmative Action)), Divisional Secretary, and Divisional Assistant Secretaries, must be members of the Union who have been a financial member of the Union for a continuous period of not less than twelve months immediately prior to the closing date for lodging nominations under this Rule. Nominations for Divisional Conference Delegates and Alternate Divisional Conference Delegates, Divisional Executive Members and Alternate Divisional Executive Members shall be called subject to the provisions of Rule 66. Candidates must be financial members of the Branch, Divisional Section or Divisional Group to which they are attached and be nominated by at least two other financial members of the Division.
(ii) (A) Candidates for Divisional Vice-President (Affirmative Action) shall be female members of the Division.
(B) Candidates for Divisional Assistant Secretaries shall be members of the Division.
(C) Candidates for Divisional Vice-President other than the Divisional Vice-President (Affirmative Action) shall be a member of the Division.
(iii) All nomination papers must be signed by and contain the addresses of those making the nomination who must be financial members of the Division and be countersigned by the person nominated. Nominations for the office of Divisional President, Divisional Vice-Presidents, Divisional Secretary and Divisional Assistant Secretaries, must reach the Divisional Returning Officer at the Divisional Office of the Division or other place declared in the notice calling for nominations not later than twelve noon on the last day of April in the year of election or, should that day be a Saturday, Sunday or a holiday, on the first day thereafter which is not a Saturday, Sunday or a holiday.
(iv) On the first day of April in the year of election or, should that day be a Saturday, Sunday or a holiday, the first day thereafter which is not a Saturday, Sunday or holiday, a notification prepared by the Divisional Returning Officer calling for nominations for office shall be published in a Divisional Executive Journal. The notice shall contain details of the following matters which, subject to these Rules shall be determined by the Divisional Returning Officer:
(A) title of the office;
(B) time and date of commencement of nominations;
(C) time and date of closing of nominations;
(D) place and requirements of lodgement of nominations;
(E) the time of opening and closing the ballots.
(v) If the Divisional Returning Officer finds a nomination to be defective he/she shall, before rejecting the nomination, notify the person concerned of the defect and, where it is practicable to do so, give him/her the opportunity of remedying the defect within seven days after his/her being so notified.
(b) All nomination papers must be signed by and contain the addresses of those making the nomination and be countersigned by the person nominated. Nominations for the office of Divisional President, Divisional Vice-Presidents, Divisional Secretary and Divisional Assistant Secretaries, must reach the Divisional Returning Officer at the Divisional Office of the Division or other place declared in the notice calling for nominations not later than twelve noon on the last day of April in the year of election or, should that day be a Saturday, Sunday or a holiday, on the first day thereafter which is not a Saturday, Sunday or a holiday.
(c) On the first day of April in the year of election or, should that day be a Saturday, Sunday or a holiday, the first day thereafter which is not a Saturday, Sunday or holiday, a notification prepared by the Divisional Returning Officer calling for nominations for office shall be published in a Divisional Executive Journal. The notice shall contain details of the following matters which, subject to these Rules shall be determined by the Divisional Returning Officer:
(i) title of the office;
(ii) time and date of commencement of nominations;
(iii) time and date of closing of nominations;
(iv) place and requirements of lodgement of nominations;
(v) the time of opening and closing the ballots.
(d) If the Divisional Returning Officer finds a nomination to be defective he/she shall, before rejecting the nomination, notify the person concerned of the defect and, where it is practicable to do so, give him/her the opportunity of remedying the defect within seven days after his/her being so notified.
20 - DIVISIONAL OFFICERS OF THE UNION
(a) The Officers of the Division shall be the Divisional President, the Divisional Vice-Presidents, the Divisional Secretary, and the Divisional Assistant Secretaries.
(b) In the absence of the Divisional President and/or the Divisional Secretary a Divisional Assistant Secretary will assume the responsibilities of the Divisional President and/or the Divisional Secretary in an order determined by the Divisional Executive.
21 - ELECTION FOR DIVISIONAL OFFICE
(a) (i) The following Officers shall be full-time Divisional Officers: (A) one Divisional President; (B) one Divisional Secretary; (C) Two (2) Divisional Assistant Secretaries. In addition to the above, the following will be honorary Divisional Officers: (D) Two (2) Divisional Vice-Presidents viz. one (1) Divisional Vice-President and one Divisional Vice-President (Affirmative Action).
(ii) (A) Full time and Honorary Divisional Officers shall be elected for a term of four (4) years and shall take up office on 1 August following the declaration of the election to the office in question. (B) Divisional Conference and Alternate Divisional Conference Members, Divisional Executive and Alternate Divisional Executive Members shall be elected for a term of two (2) years and shall take up office from 1 August following the declaration of the election of the office in question. (C) In the event that the Returning Officer is unable to declare a person elected to an office referred to in sub-rules (i) and (ii) above on or before 1 August in the year of election the person holding office shall remain in that office until the office is declared elected. (D) The election of Divisional Officers shall be by a secret ballot of the financial members of the Division conducted in accordance with these Rules and shall be held in conjunction with and at the same time as the election of Branch Officers as provided for in Rule 67. Provided that: (1) the Vice-President (Affirmative Action) shall be elected by and from financial female members of the Division;
(iii) Divisional Conference Members, Alternate Divisional Conference Members, Divisional Executive Members and Alternate Divisional Executive members shall be elected when necessary by a secret ballot of the financial members of each Branch or Divisional Section of each Branch. Such ballot to be conducted by the Branch Returning Officer in conjunction with the ballot for the election of Branch Officers and Branch Committee of Management of each Branch of the Division and subject to sub-rules (d)(i) and (d)(ii) in accordance with the provisions of Rule 67.
(iv) The election of the National Councillor and Alternate National Councillor representing the TOA Divisional Branch and the Alternate National Councillor (Affirmative Action) positions shall be by a secret ballot of financial members of the TOA Divisional Branch or financial female members of the Division, as the case may be, and shall be conducted in conjunction with and at the same time as the election of Divisional Officers as provided for in Rule 23.
(v) Special Provision - Telecommunications and Services Branches
(A) Where the number of Divisional Conference Members representing a Divisional Section in a Branch is more than one, the number of Divisional Conference Members who are full time Officers or employees of the Divisional Section shall not exceed 50% of the total number of Divisional Conference Members, excluding Alternate Divisional Conference Members, representing the Divisional Section in a Branch.
(B) In counting the ballot for members of Divisional Conference where the number of Divisional Conference members representing the Divisional Section is more than one, the Returning Officer shall first count the votes for the office of Divisional Conference Members representing that Divisional Section and determine whether the proportion of full-time office holders or employees of the Divisional Section referred to in sub-rule (d)(i) has been exceeded. In the event that the proportion has been exceeded, the Returning Officer shall eliminate the Officer/s or employee/s with the fewest votes necessary to ensure that the proportion is not exceeded and allocate the next preference of the voter which shall be counted in place of votes for the person/s eliminated.
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