Attachment 3 - Charitable Status Documents

      (d)   The Board must comprise persons who:
            (i)     are not Councillors;
            (ii)    are not employees of the Association;
            (iii)   have suitable qualifications and experience;
            (iv)    are considered by the Council to be competent to participate in the continuation
                    of the charism of Blessed Edmund Rice in school ministry as Church Mission and
                    Catholic education;
            (v)     are not ineligible to be:
                    (A)     a director under the Corporations Act; or
                    (B)     a responsible person under the ACNC legislation; and
            (vi)    are “fit and proper persons” (or any equivalent requirement) for the purpose of any
                    law pertaining to Educational Bodies.
      (e)   Board Members may be appointed for a term not exceeding 3 years.
      (f)   Board Members are eligible for re-appointment, provided that a Board Member must
            not serve continuously for more than ten (10) consecutive years.
7.3   Office bearers
      (a)   The Council will appoint the Chair and Deputy Chair (office bearers) following
            discussion with the Board.
      (b)   Office bearers may be appointed for a term not exceeding 3 years. Office bearers are
            eligible for re-appointment.
      (c)   If the position of Chair becomes vacant during their term, the Deputy Chair may assume
            the role of Chair until the Council appoints a new Chair.
      (d)   In the absence of the Chair, the Deputy Chair will act in the place of the Chair.
      (e)   If the position of Chair or Deputy Chair becomes vacant the Council must endeavour to
            appoint a replacement within twenty eight (28) days of the vacancy occurring.
      (f)   Office bearers may be removed from office prior to completion of their term by the
            Council.
      (g)   The position of an office bearer will become vacant if they cease to be a Board Member.
7.4   Removal of Board Members
      (a)   The Council may remove a Board Member by written notice signed by the President to
            the individual and the Board, stating that (as at the date stated on the notice) the
            individual is no longer a Board Member.
      (b)   The Board may resolve to request that the Council removes a Board Member.
      (c)   A Board Member who is the subject of a proposed resolution under clause 7.4(b) is
            entitled to make an oral and/or written submission to the Board Meeting at which the
            resolution is considered. If the Board resolves to make the request, a copy of any written
            submission by the Board Member must be given to the Council together with the
            request.
7.5   Ceasing to be a Board Member
      (a)   A Board Member’s position becomes vacant if the Board Member:
            (i)     is absent without leave of the Board from three (3) successive Board meetings;
 Constitution of
 Trustees of Edmund Rice Education Australia Adopted by TEREA AGM 22 June 2021      Page 11 of 16