Faculty regulations

1. Purpose

These Regulations govern the establishment and conduct of the RACGP Faculties.

2. Application

These Regulations are made under clause 22 of the RACGP Constitution and apply to the RACGP Faculties.

These Regulations are to be read in conjunction with the Constitution and where relevant, the Elections Policy.

3. Background context and interpretation

Faculty Councils are established as advisory bodies to the Board and to represent the members’ interests. Part 3 of the Constitution allows the Board to establish regional and other Faculties and to make regulations governing the conduct of any Faculty and Part 7.1 of the Constitution appoints each Faculty Council Chair to be a Director of the Board.

These Regulations outline the composition and governance arrangements for the Faculty Councils and Faculties more generally established by the Board.

In the event of any inconsistency between these Regulations and the Constitution, the Constitution prevails and all references in these Regulations are to these Regulations themselves, unless otherwise indicated.

The terms used in in Part 11.9 of the Constitution have the same meaning in these Regulations.

4. Faculties

The RACGP Faculties approved by the Board are the:

• National Rural Faculty;
• National Faculty of Aboriginal and Torres Strait Islander Health;
• National Faculty of Specific Interests;
• National Faculty of GPs in Training;
• New South Wales and Australian Capital Territory Faculty;
• Northern Territory Faculty;
• Queensland Faculty;
• South Australia Faculty;
• Tasmania Faculty;
• Victoria Faculty; and
• Western Australia Faculty.

5. Faculty members

5.1 Faculty membership for Regional Faculties

Part 3.2 of the Constitution explains that every member of the RACGP resident in Australia is automatically a member of the Regional Faculty where they ordinarily reside from time to time, but can only be a member of one Regional Faculty at a time.

5.2 Faculty membership for non-Regional Faculties

Clause 24(a) of the Constitution provides that all eligible RACGP members may elect to join any or all of the:

• National Faculty of GPs in Training;
• National Rural Faculty;
• National Faculty of Aboriginal and Torres Strait Islander Health; or
• National Faculty of Specific Interests.

5.2.1 For the purpose of clause 24(a) of the Constitution, only the following RACGP members may elect to join the National GPs in Training Faculty:

• Medical students with an interest in General Practice training;
• Pre-vocational doctors with an interest in General Practice training;
• Doctors working towards Fellowship of RACGP through any recognised RACGP Fellowship Pathway; and
• Any Fellow within 5 years of obtaining Fellowship.

5.3 Faculty members' rights

All Faculty members are entitled to, in relation to their Faculty:

• receive all notices including invitations to Faculty Member Meetings; and
• attend Faculty Member Meetings.

5.3.1 Only Faculty members who are Fellows, Members and Registrar Associates are entitled to, in relation to their Faculty

• speak and vote at Faculty Member Meetings;
• participate in Faculty Ballots; and
• have their vote contribute toward the call for a Faculty Member Meeting pursuant to clause 6.

6. Faculty member meetings

6.1 Meeting Timing and Notice

Each Faculty’s Member Meeting must be held within 2 months of the RACGP’s Annual General Meeting each year.

Extraordinary Faculty Member Meetings may be called at any time (other than within 3 months of the Faculty Member Meeting) by Faculty Council Resolution or by request in writing from at least 10% of Faculty members.

Notice of Faculty Member Meetings must be provided to all Faculty members at least 2 weeks prior to the event with details of the date, time, place and items for discussion.

6.2 Chair and Quorum

The Provost will chair Faculty Member Meetings. In the Provost’s absence, or if a Provost is not provided for, those Faculty Council members present must elect a chair from among their numbers. If no Faculty Council members are present, the Faculty members must elect a chair from among those Faculty members present.

Ten (10) Faculty members constitute a quorum for Faculty Member Meetings.

If within half an hour of its start a quorum is not present, the Faculty Member Meeting must be adjourned or dissolved as the then chair may determine.

7. Regional Faculty Councils

7.1 Regional Faculty Councils consist of:

1. the Chair;
2. elected Faculty members, pursuant to clause 8;
3. ex officio the regional representative for each of the GPs in Training Faculty, Aboriginal and Torres Strait Islander Health Faculty, and Rural Faculty;
4. the Faculty Censor;
5. the Faculty Provost; and
6. individuals co-opted in accordance with clause 9; and
7. ex officio Council positions, for:
   1. Directors who are also Faculty members;
   2. the Immediate Past Chair (held in accordance with clause 16.10).

8. Election of Faculty Council members

Faculty Elections will be conducted pursuant to the RACGP Elections Policy, as updated from time to time.

8.1 Vacancies

Where a Faculty Council position remains vacant after the Faculty elections for whatever reason, the Faculty Council may, by Resolution, fill any position by appointing eligible Faculty members who have expressed interest as casual vacancies, who will occupy that position from appointment until the Faculty Council member position they accept was due to expire.

8.2 Faculty Council member terms

The term of an elected Faculty Council member commences at the close of the first Faculty Member Meeting following their election and continues until the close of the second Faculty Member Meeting following their commencement.

There is no limit to the number of terms, consecutive or otherwise, to which Faculty members may be elected to the Faculty Council.

8.3 Automatic Council Membership Termination

Where an elected or appointed Council member sits on another Council in an ex officio position by virtue of that election or appointment, should that elected or appointed role cease, the member instantaneously loses any ex officio position associated with that election or appointment.

9. Co-opted Faculty Council members

9.1 Faculty Councils may by Resolution co-opt individuals.

9.2 Co-opted Faculty Council members must include (where practicable) a registered medical student.

9.3 If the elected membership of a Faculty Council does not already include a Fellow who has attained their Fellowship within the two year period prior to the date of their appointment, then the Council must co-opt such a Fellow before co-opting any others.

9.4 Once the categories in 9.2 and 9.3 have been co-opted, consideration ought to be given to ensuring diversity on the Faculty Council in terms of age, gender, ethnicity and location of practise.

9.5 Co-opted Faculty Council members have and are entitled to exercise all the same rights and privileges as any other Faculty Council member.

9.6 The terms of co-opted Faculty Council members, commence upon their co-option, and continue until the close of the next Faculty Member Meeting following their commencement, but are eligible to be co-opted again.

10. National Rural Faculty

10.1 National Rural Faculty elections will be conducted pursuant to the RACGP Elections Policy, as updated from time to time.

10.2 The National Rural Faculty’s Council consists of:

1. the Chair;
2. elected Faculty members, pursuant to clause 8;
3. the Faculty Censor;
4. the Faculty Provost; and
5. individuals co-opted in accordance with clause 9; and
6. ex officio Council positions, for:
   1. Directors who are also Faculty members;
   2. the Immediate Past Chair (held in accordance with clause 16.10).

10.3 Any representative elected to the Faculty Council acts in an ex officio capacity on their respective Regional Faculty Council.

11. National Faculty of Aboriginal and Torres Strait Islander Health

11.1 National Faculty of Aboriginal and Torres Strait Islander Health elections will be conducted pursuant to the RACGP Elections Policy, as updated from time to time.

11.2 The National Faculty of Aboriginal and Torres Strait Islander Health’s Council consists of:

1. 1. the Chair, subject to the qualifications in clause 16.4(f);
   2. elected Faculty members, pursuant to clause 8;
   3. the Faculty Censor;
   4. the Faculty Provost; and
   5. individuals co-opted in accordance with clause 9; and
   6. ex officio Council positions, for:
      1. Directors who are also Faculty members;
      2. the Immediate Past Chair (held in accordance with clause 16.10).

11.3 Any representative elected to the Faculty Council acts in an ex officio capacity on their respective Regional Faculty Council.

12. National Faculty of Specific Interests

12. 1 The National Faculty of Specific Interests consists of:

1. 1. the Chair, subject to the qualifications in clause 16.4(h);
   2. the Provost;
   3. the chairs of each Specific Interests Group endorsed by Council in accordance with clause 12.2;
   4. individuals who are to be co-opted using the method described in clause 9; and
   5. ex officio Council positions, for:
      1. Directors who are also Faculty members;
      2. the Immediate Past Chair (held in accordance with clause 16.10).

12.2 Specific Interest Groups

12.2.1 Any RACGP member (‘proponent’) may, with the support of nine (9) other National Faculty of Specific Interests members, put to the National Faculty of Specific Interests Council the creation of a Specific Interests group, by submitting a proposal including all supporting information.

12.2.2 Upon receiving a proposal, the National Faculty of Specific Interests Council must, at its next meeting, assess whether:

1. 1. the proposed group is within a contextually, organisationally and/or clinically relevant area of general practice;
   2. the proposed group crosses-over with any existing group; and
   3. the creation of the proposed group would generally be appropriate for the RACGP.

12.2.3 If the National Faculty of Specific Interests Council resolves to support the creation of the proposed group, it must put the proposal to the Board along with all supporting information. The supporting information must clearly identify the proponent of the group.

12.2.4 If the Board resolves to endorse the proposed group then:

1. 1. the group becomes an official group under the National Faculty of Specific Interests on from the date of that Resolution; and
   2. the original proponent of the group becomes the initial chair of that group.

Groups may administer their activities as they see fit in accordance with the Constitution.

The Board may by Resolution abolish an endorsed group.

13. National Faculty of GPs in Training

13.1 National Faculty of GPs in Training elections will be conducted pursuant to the RACGP Elections Policy, as updated from time to time.

The National Faculty of GPs in Training consists of:

1. 1. the Chair subject to the qualifications in clause 16.4(i);
   2. the Provost;
   3. elected Faculty members, who are to be elected using the method described in clause 8;
   4. individuals who are to be co-opted using the method described in clause 9;
   5. ex officio Council positions, for:
      1. Directors who are also Faculty members;
      2. the Immediate Past Chair (held in accordance with clause 16.10);
      3. the New Fellow representative on the Advisory Council of Assessment.

13.2 In the case of the National Faculty of GPs in Training to be eligible for nomination and election to the Faculty Council, the person must be deemed to be able to satisfy Faculty membership requirements for the entire duration of the term for which they are running.

13.3 Any representative elected to the Faculty Council acts in an ex officio capacity on their respective Regional Faculty Council.

14. Additional Members of Faculties

Any Faculty, in addition to the minimum requirements, may include additional Faculty members, to an aggregate total number up to one third of total Faculty Council.

15. Removal from a Faculty Council

The office of any Faculty Council member will become vacant if they:

1. 1. for ex officio Faculty Council members, no longer hold an ex officio position;
   2. have their RACGP Membership terminated;
   3. become bankrupt or enter into any arrangement or composition with their creditors or propose to do so;
   4. become of unsound mind or a person whose estate is liable to be dealt with in any way under any law relating to mental health;
   5. resign their office by notice in writing to the Chair;
   6. are absent without the Faculty Council’s permission from 2 successive Faculty Council meetings, unless the Faculty Council Resolves their office not be vacated;
   7. for Chairs, have their office of Director vacated pursuant to clause 69 of the Constitution;
   8. are found guilty of any offence against any Australian law;
   9. cease to be a Faculty member; or
   10. are the subject of a resolution of Faculty Members at a Faculty Member meeting that they be removed before the expiration of their period of office.

16. Faculty Council Operations

16.1 Powers and Duties

Each Faculty Council must:

1. 1. prepare and submit to the Board an annual report of its activities and the activities of its committees and advisory boards (if any) for inclusion in the RACGP annual report; and
   2. otherwise exercise those powers which are delegated to it by the Board.

Each Faculty Council must cause minutes to be made of all proceedings at all Faculty Member Meetings, Faculty Council meetings and of any committee or advisory board meetings. All minutes must be approved by the Faculty Council Chair at the next most practicable Faculty Council meeting, and must be made available to the Board promptly upon request.

16.2 Officers

Subject to clauses 16.3 to 16.12 below, the Officers of a Faculty Council consist of:

1. 1. the Chair;
   2. Deputy Chair(s);
   3. the Provost; and
   4. the Faculty Censor.

In addition to any powers conferred by delegated authority or exercised in the context other than that of the Faculties, Officers have the powers, roles and responsibilities described in Appendix 1.

Where a Faculty Council does not create any office of:

1. 1. Provost; or
   2. Faculty Censor;

the Council may allocate the powers, roles and responsibilities for any of those offices described in Appendix 1 to another Council member, or may dispense with all or any of those powers, roles and responsibilities.

16.3 Chair

No business may be conducted by a Faculty Council unless it has a Chair.

A Faculty Council must by Resolution elect a Chair whose nomination is eligible in accordance with clause 16.4 and subject to clause 16.8.

A Chair is to be elected in accordance with clause 16.6.

Ordinarily, the Chair will chair Faculty Council meetings. In the Chair’s absence, a Deputy Chair will take that role or, if a Deputy Chair is unavailable, those Faculty Council members present must elect a chair from among their number.

16.4 Chair Nominations

Nominations for Chair will only be accepted from  Faculty Council members who:

1. 1. have within the last 12 months from the opening of nominations completed a Declaration of Interests Form as required by the Declaration of Interests Policy;
   2. are not ex officio members of the relevant Faculty;
   3. have their nominations seconded by two members of the relevant faculty;
   4. are eligible to serve on a company board;
   5. are willing and able to meet the role description requirements as approved by the Board; and
   6. in the case of the National Faculty of Aboriginal and Torres Strait Islander Health, identify as an Aboriginal and/or Torres Strait Islander person;
   7. in the case of the National Rural Faculty, predominantly works or ordinarily resides in an area which in the opinion of the Council, is considered regional, rural or remote;
   8. in the case of the National Faculty of Specific Interests, is from amongst the chairs of the Specific Interest groups; and
   9. in the case of the GPs in Training Faculty, will remain eligible for membership of the Faculty for the duration of their term as Chair.

16.5 Lack of Chair Nominations

If no Faculty Council members are eligible or willing to nominate for Chair, the Faculty Council may by Resolution co-opt additional Faculty members (pursuant to or using the method described in clause 9) who are eligible and willing to become Chair, until a Chair is elected.

16.6 Chair Election Process

For the Faculty Council meeting to elect a Chair, the Provost is to carry out the functions of Chair during the process to elect a Chair.

The tally person is responsible for counting the votes and declaring the results. The tally person is the relevant Faculty Manager.

The tally person must declare any conflict of interest in accordance with the Management Declarations of Interest Policy. If in the opinion of a majority of Council members the tally person has a conflict of interest then the tally person must nominate a delegate who does not have a conflict of interest.

Where there is more than one nomination for Chair, the Council must vote on nominees until one nominee achieves a simple majority of votes according to the following process.

The Council must take consecutive votes on the nominees. At each vote, the nominee with the lowest number of votes is eliminated until one nominee achieves a majority of votes. Where nominees have an equal number of votes, the tally person may cast lots or choose another random process to eliminate one of the candidates with equal votes.

Where there is only one nominee for Chair, that person is declared elected without the need for a vote.

The Faculty Council must inform the Board of the outcome of the Chair’s appointment:

1. 1. at least one (1) month prior to the RACGP Annual General Meeting in which the current Chair is due to retire; and
   2. as soon as practicable at any other time the Faculty Council does not have an appointed Chair.

16.7 Chair Term

A Chair elected under clause 16.3 commences on and from the close of the next Annual General Meeting following their election and, subject to clause 15, holds office until the close of the second Annual General Meeting following their commencement at which point they must retire but, subject to clause 16.8 are eligible for re-election.

A Chair elected pursuant to clause 16.6 commences on and from election and serves out the term for the Chair they replaced, at which point they must retire, but are eligible for re-election.

The Chair is a Faculty Council member in their own right.

If the Chair was an elected Faculty Council member, upon election their previous office becomes vacant and the Faculty Council may fill it as a casual vacancy.

In the case of the National Faculty of Specific Interests, the relevant group may elect a replacement Chair.

16.8 Consecutive Terms

A Chair cannot serve in that office for more than three (3) consecutive terms unless there are, in the opinion of the Faculty Council, exceptional or extenuating circumstances in which case, a Faculty Council may elect a Chair for a fourth (4th) consecutive term.

16.9 Removal of Chair

A Faculty Council may remove a Chair by Resolution.

16.10 Immediate Past Chair

Upon losing Office for any reason other than by removal from the register of any medical or professional authority recognised by the Board, a Chair immediately becomes the Immediate Past Chair, displacing any then current Immediate Past Chair in doing so.

The term of an Immediate Past Chair is limited to a maximum of 2 years.

16.11 Deputy Chair(s)

The Faculty Council may by Resolution at any time elect or remove one or more Deputy Chairs.

Deputy Chairs are to be elected using the same process as in clause 16.6 as if references to the Chair were references to the Deputy Chair.

Deputy Chairs hold office on and from their election until the conclusion of the next Faculty Member Meeting.

16.12 Other Offices

Any Faculty Provost or Censor appointment must be made pursuant to any relevant Terms of Reference. 

16.13 Delegation

The Faculty Council may by Resolution:

1. 1. delegate any of its powers to the Officers to be exercised between Faculty Council meetings; and
   2. alter, amend or remove its delegated authority to the Officers; or
   3. amend or overturn a decision of the Officers.

16.14 Committees

The Faculty Council may by Resolution establish any number of committees consisting of Faculty members and subject matter experts, and may determine their terms of reference, membership and officers. A committee established by a Faculty cannot exercise any determinative power and acts only in an advisory capacity to their Faculty.

16.15 Executive Committee

The Faculty Council may by Resolution establish an Executive Committee and its Terms of Reference. An Executive committee established by a Faculty:

1. 1. cannot have more than 6 members;
   2. must have the relevant Faculty Manager as a member;
   3. can exercise any powers delegated to it by the Faculty Council; and
   4. must comply with any Terms of Reference provided by the Faculty Council.

16.16 Application of Governance Rules

Unless otherwise specified in a Committee’s Terms of Reference the Committee’s governance arrangements include the operation of clauses 17 and 18 of these regulations as if references to a Faculty Council were references to the Committee.

17. Faculty Council Procedures

The Faculty Council may meet together for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit.

17.1 Quorum

A third of the total number of Faculty Council members constitutes a quorum for a Faculty Council meeting. In calculating quorum, any fraction is to be ignored.

Any Director who is not a Faculty member may attend any meeting of a Faculty Council. They are entitled to speak at the meeting but are not counted in a quorum.

17.2 Resolutions

At any Faculty Council meeting, Resolutions are decided on a show of hands, unless a Ballot is required by the Chair or any 5 Faculty Council members, in the meeting request it.

In the case of an equality of votes the motion is lost.

The Chair must cause the motion’s result to be recorded in the meeting minutes. Circulating resolutions will be deemed to have passed if at least 75% of Faculty Council members sign (including electronically) a document stating they support the motion.

Faculty Council members are deemed present at any Faculty Council meeting if participating by a means (including electronic) allowing all persons participating in the meeting to hear each other and interact.

18. Conflict of Interest

In the event of any conflict of interest involving a dispute or any other issue, the relevant Councillors must comply with the Declarations of Interest Policy.

19. Notice

An invitation or notice sent by email is deemed served if sent to the email address last supplied to the RACGP by that Faculty member, unless the sender is notified, by whatever means, the email was not successfully delivered.

20. Dispute resolution

This clause relates only to disputes or issues concerning the construction or interpretation of these Regulations.

In the event of a dispute or issue, an aggrieved Faculty member may refer it to the President in writing for resolution. If the President is satisfied that the dispute:

1. 1. relates to the construction or interpretation of these regulations;
   2. is not vexatious, frivolous or trivial; and
   3. cannot be better resolved informally; then

the President must then convene a resolution committee, consisting of the President, the Vice President and another Director, to determine the dispute or issue.

If the President is conflicted, the Vice President will convene the Committee and choose two other Directors.

The President will chair the resolution committee, save that should the President be conflicted, the Vice President will chair.

21. Amendment of these Regulations

The Board may make amendments to these regulations at any time.

22. Responsibilities

23. Glossary

24. Related Documents, Legislation and Policies

• Australian Charities and Not-for-profits Commission Act 2012 (C’th)
• RACGP Constitution
• Corporations Act 2001 (C’th)
• Declaration of Interests Policy
• Elections Policy
• Management Declarations of Interest Policy

Compliance

This policy complies with all relevant legislation.

Guidance

N/A

25. Regulation Review and Currency

These regulations will be reviewed every three years from the last approval date, or when there is a significant change in the intent of the regulations. The regulations remain valid and applicable notwithstanding if they are overdue for review.

 

Version History

Release notice

APPENDIX 1

Roles and Responsibilities for Faculty Officers*

* These roles and responsibilities relate to Faculty Council operations only. For full roles and responsibilities refer to the appropriate terms of reference.

1. The Chair

The Chair will:

1. 1. chair all Faculty Council meetings and oversee the Faculty Council’s committees and networks to ensure they function properly;
   2. provide leadership to enhance the Faculty Council’s effectiveness;
   3. foster a sense of cohesiveness among Faculty Council members and encourage open debate and discussion of issues;
   4. set agendas for Faculty Council meetings and teleconferences;
   5. work with the Board to oversee the strategic direction of the Faculty and the RACGP;
   6. have an outreach role in representing the interests of the RACGP;
   7. engage and consult with Faculty Council members;
   8. in the case of Regional Faculties additionally: 
      1. work closely with the chairs and senior staff of general practice organisations at a state level; and
      2. seek to meet regularly with the State Health Minister, and the state department of health;
      3. work closely with senior staff of University Medical schools at a state level, networking with important stakeholders; and
      4. as required, convene State conferences and educational events.

2. The Deputy Chair(s)

The Deputy Chair(s) will:

1. 1. support the Chair in their overall responsibilities; and
   2. chair the Faculty Council meetings if the Chair is absent.

3. The Faculty Censor

The Faculty Censor will:

1. 1. be the spokesperson for the Faculty on all assessment-related issues; and
   2. represent the Board of Censors to the Faculty.

4. The Provost

The Provost will:

1. 1. chair all Faculty Member Meetings;
   2. represent the President to the Faculty;
   3. officiate at all major RACGP functions, including the Annual Dinner and Academic Ceremonies for Regional Faculties when held;
   4. contribute advice to the Faculty to enhance the strategic direction of the Faculty and the RACGP;
   5. act as an advocate for the RACGP, internally and externally, and play a key role in providing counsel to Chairs and Faculty Council regarding past resolutions of the RACGP; and
   6. be responsible for the creation and maintenance of an atmosphere that contributes to excellence in all endeavours of the Faculty.