Attachment 3 - Charitable Status Documents

      (b)   The Association may further the Principal Purpose by (without limitation):
            (i)     employing principals and other staff in the Educational Bodies;
            (ii)    owning the assets of the Educational Bodies;
            (iii)   assisting Educational Bodies with, or managing on behalf of Educational Bodies,
                    business and compliance activities;
            (iv)    assisting Educational Bodies to develop curricula and provide ongoing curriculum
                    management and support;
            (v)     providing Educational Bodies with access to resources, development
                    opportunities, support services and similar operational support; and
            (vi)    such further ancillary means and activities, as in the opinion of the Association,
                    further the Principal Purpose.

5.    Not-for-profit
      (a)   The income and property of the Association must be applied solely towards the
            promotion of the Principal Purpose.
      (b)   No portion of the profits, income or property of the Educational Bodies may be paid or
            transferred directly or indirectly to a Councillor or Board Member except where the
            Board confirms that all legal and regulatory requirements have been met and approves
            a payment:
            (i)     in return for any services rendered (other than in the capacity of Councillor or
                    Board Member) or goods supplied at fair and reasonable rates or rates more
                    favourable to the Association in the ordinary and usual course of business to the
                    Association; or
            (ii)    of out of pocket expenses properly incurred in performing a duty as Board Member
                    or Councillor.
      (c)   The Association may pay reasonable fees to a Board Member or Councillor for acting
            in those capacities but not from the profits, income or property of the Educational
            Bodies.
      (d)   If the Association closes a School, any surplus assets of the School remaining after
            payment of the School’s liabilities must be:
            (i)     used by the Association to provide education services to school-age children or
                    for other not-for-profit purposes; or
            (ii)    given to a not-for-profit entity operating within Australia that provides education
                    services to school-age children or that has similar purposes to the Association.

6.    Council
6.1   Role of the Council
      (a)   The members of the Council are the canonical stewards of the Association.
      (b)   In addition to exercising the rights and responsibilities set out in this Constitution,
            Council is responsible for ensuring that the Association acts in accordance with the
            beliefs, teaching, discipline and canonical laws of the Church and that the Association’s
            property administration is consistent with Canon Law and the Principal Purpose.



 Constitution of
 Trustees of Edmund Rice Education Australia Adopted by TEREA AGM 22 June 2021      Page 7 of 16