Engineers Australia was formed by a Royal Charter which states the purpose and membership of the organisation and the governing bodies. The By Laws describe how Engineers Australia may operate including who can be members, their rights and obligations. The original Charter, which is 90 years old, has been amended five times since 1988. This is appropriate to ensure that Engineers Australia remains an organisation that is modern and compliant with current law.

In July 2010, Congress voted by an overwhelming majority to support the proposed new Royal Charter and By Laws and put these to a member vote. The proposed Royal Charter and By Laws reflect contemporary practice and the evolution of Engineers Australia as an organisation. They have been very well crafted in plain English by a barrister who is expert in the area of association law. The words are deceptively simple but carry a powerful punch. A single sentence is laden with meaning. This document should stand the organisation in good stead for a long time.

The flip side of having such a document is that members need to be sure that they understand the implications of those simple plain English sentences and agree to support them. This is an important time for Engineers Australia and all members should take the time to read the proposed by-laws and ask questions to ensure they understand the implications of the proposed changes.

The main changes in the document are to ensure that Engineers Australia complies with current Australian laws and maintains its tax free status. For example, the proposed new Royal Charter includes a winding-up provision. Secondly, it enables technologists and associates to vote on matters relating to the organisation, important to provide equity to all our members. There are several other changes which are meant to streamline the operation of the organisation. Many sections of the By Laws will now be dealt with in regulations. While this provides greater flexibility and ensures that Engineers Australia can respond to changing needs, there is a greater responsibility placed on Council to ensure that the regulations provide the appropriate level of governance.

The Royal Charter and By Laws have been read and debated by all members of Congress and Division Committees. Between March and June 2010, there was an opportunity for Congress delegates to provide comment and ask questions which resulted in several re-drafts. The meeting in July 2010 was also an opportunity to present a diversity of views and further amendments were made. The resulting documents thus reflect the sound judgement of your peers and the leaders of Engineers Australia as well as experts in the legal profession.

The proposed Royal Charter and By Laws reflect contemporary practice and complies with current Australian law. I commend both documents to all members and encourage everyone who is eligible to vote “yes” in the forthcoming ballot.

Dr. Marlene Kanga FIEAust CPEng
NVP Engineering Practice and CPD