Victorian Consolidated Legislation

Melbourne College of Divinity Act 1910 - SECT 9

Resignation and removal of appointed members

9. Resignation and removal of appointed members



(1) A member of the Council, other than the President, may resign by writing
delivered to the President.

(2) The President may resign by writing delivered to a meeting of the Council.

(3) A member of the Council appointed by a church may, at any time, be removed
by the church.

(4) The office of a member of the Council becomes vacant if the member-

   (a)  is or becomes disqualified from managing corporations under Part 2D.6
        of the Corporations Act; or

   (b)  has failed to attend, without the Council's prior approval, 3
        consecutive ordinary meetings of the Council.

(5) Without limiting this section and the powers of a church under this
section, the Council may remove a member from office in accordance with this
section.

(6) The Council may only remove a member from office if it is of the opinion
that the member has failed to comply with the responsibilities of a member of
the Council.

(7) The Council must not remove a member from office unless-

   (a)  another member gives notice at an ordinary meeting of the Council of
        an intention to move a motion for the member to be removed from the
        Council and sets out in the notice the grounds for removal; and





   (b)  the member gives that notice no later than at the last ordinary
        meeting of the Council before the meeting at which the motion to
        remove the member will be put to the Council; and

   (c)  if the member to be removed is not present at the meeting at which
        that notice is given, the Council gives the member written notice of
        the intention and sets out in the notice the grounds for removal; and

   (d)  the Council gives the member to be removed an opportunity, at or
        before the meeting where the motion for removal is to be considered,
        to make submissions in writing or personally before the Council of the
        reasons why the member should not be removed from the Council; and

   (e)  by a majority of two-thirds of the members present at the meeting, the
        Council passes a resolution removing the member from office on the
        grounds stated in the notice given under this section.