Constitution
This page contains full versions of ACCAN's:
- Constitution
- Strategic Plan
- 2009 Annual Report
Full Constitution
04 June 2010
1. Introduction
The objective of establishing ACCAN is to be a peak body for consumers and consumer organizations on communications issues, including telecommunications and the Internet. ACCAN will have a central role in advocacy, research, training, consultation, the provision of policy advice and consumer outreach to address those communications issues. One specific function of ACCAN will be to administer the distribution of funding, previously allocated by the Department of Broadband, Communications and the Digital Economy (section 593 grants).
Individuals and organizations joining ACCAN will retain their identity and be able to advocate on their own or their members’ behalf. The importance of ACCAN will be as a forum in which consumer concerns and views can be debated and shared and, as much as possible, resolved.
The overarching objective guiding ACCAN will be to ensure that communications are available, accessible and affordable communications for all Australians.
2. Overview of the ACCAN Constitution
ACCAN will be established as a company rather than as an incorporated association. This is because ACCAN will be operating nationally and it is more appropriate that it operate under Federal law, rather than under the various state based legislation governing incorporated associations.
The provisions of the Constitution are, for the most part, standard and non-contentious. Constitution rules are usually written at a high level because, if the provisions are too specific, they may restrict the Company from responding in a timely manner to new circumstances (any change to the Constitution requires a special resolution of the Company, passed by 75% of eligible voters).
It should be noted that, at this stage, there are still Constitution provisions that have not been finally signed off. Those provisions are in red text.
The sections that are specific to ACCAN, and define both what ACCAN does and how it will be run are:
• Definitions -Consumer
• Section 3: Objects and Powers
• Section 7: Membership
• Section 20: Directors
• Section 31: Committees
3. Definitions – Consumer
There are many consumer protection issues that cover micro and small businesses, particularly for people who operate from their home, and people in regional, rural and remote Australia. A definition of consumer has been suggested that specifically includes small business so that ACCAN has a specific mandate to address those issues.
Alternatively, it is argued that the focus of ACCAN should be primarily on residential consumers, and that the term consumer is broad enough to cover consumer protection issues involving small business. ACCAN coverage of consumer protection issues involving small business could then be addressed in a Memorandum of Understanding accompanying the Constitution.
4. Objects and Activities
The objects and activities broadly set out what ACCAN is and does. The main consumer objectives for consumer objectives are in clause 3.1.2 – availability, accessibility and affordability of communications for all Australians. There was some consideration of including a more detailed section on consumer objectives in the Objects section. It was decided, however, that the Constitution should contain high level principles, but leave more detailed objectives to a Mission Statement and Strategic Plan that are developed through consultative processes within ACCAN membership.
5. Membership
There are three categories of membership: Voting members, Associate members and Life members. Voting members includes both organizations and individuals – each having one vote. The eligibility criteria for organisatonal Voting members is that their purposes align with Company objectives and that they are both non-party political and not for profit. Individual Voting members must subscribe to the Company’s objects. Associate members are those who interested in working with ACCAN but not eligible for Voting membership. Generally, carriers, CSPs, content service providers and equipment manufacturers will not be eligible for membership. Life membership is conferred by a special meeting of the Company on someone who has made an outstanding contribution to the area.
6. Directors
The criteria for the selection of Directors is that they are broadly representative of a particular consumer sector(s) and/or have expertise in company governance. The consumer sectors including people with disabilities, from culturally and linguistically diverse backgrounds, on low incomes, from indigenous communities, from rural and remote Australia, youth and seniors. The Board size can range from nine to twelve Directors, with up to nine representing consumer sectors. The Board may co-opt three additional Directors to ensure broad representation of consumer sectors and/or particular skills in corporate governance.
7. Committees
There are three types of committees. The first type is established by the Board and can be a standing or ad hoc committee or working group as deemed necessary. Such committees must have a majority of Directors as members, but can include expert advisors at the Board’s discretion. An example of such committee would be a finance or audit committee.
The Company CEO appoints the second type of Committee which, again, can be a standing or ad hoc committee, to undertake specified tasks in accordance with the Company Objects.
The Independent Grants Panel is the third committee category. This is the Panel that will be charged with the allocation of funds to administer, in accordance with Company Objects, funds made available to the Company through government grants. While the Board appoints members of this Panel, no Director can be a member of this Panel. This is because it will be the Panel that makes recommendations to the Board on the allocation of funds, and the Board that makes the final decision on grant allocation.
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Strategic Plan
01 January 2010
The Strategic Plan provides insights into ACCAN’s mission, values and goals. The Plan will direct the organisation’s work for the next five (5) years and sets out how the organisation will achieve its mission of available, accessible and affordable communications that enhance the lives of consumers.
PDF (2066Kb) |Doc (2878Kb)
2009 Annual Report
01 January 2010
The 2009 ACCAN Annual Report documents ACCAN’s achievements in its first six months of operation. Highlights include the formation of the organisation into a strong, unified voice to represent the interests of all consumers nationally and the commissioning of research into customer service charters, emerging consumer issues in telecommunications and informed consent.
PDF (2392Kb) |Doc (8352Kb)