31 December 2019
ACS, the association for Australia’s technology profession, today announced it would review its plans to transition ACS to a Company Limited by Guarantee following the ruling by Justice Wigney in the Federal Court which voided the resolution passed at a Special General Meeting held on 25 October 2019.
The October 2019 Special General Meeting of ACS members met to consider the resolution of changing ACS’ legal structure from an incorporated association under the Associations Incorporation Act 1991 (ACT) to a company limited by guarantee under the Corporations Act 2001 (Cth), which would see the ACS change its name to the 'Australian Computer Society Limited' and replace the existing Rules and Objects of the Society with a new Constitution under the Corporations Act.
Yohan Ramasundara, ACS President, said of the ruling: “We are naturally disappointed. No process is ever perfect, and for a not-for-profit membership body we have shown an exhaustive effort to keep all members involved in the consultation processes, and to participate in the resolution process. That said, we respect the Court’s decision.”
“We all have the objective of a united profession with a common goal of maximising the outcomes for our nation. We will take the key learnings from the Court hearing, and carefully consider how we can improve the process to transition into a Company Limited by Guarantee. It is important to note, the proceedings are not yet finalised, with a case management hearing to occur in February 2020 on a date yet to be determined for the purpose of considering what, if any, orders or directions should be made for the convening of a general meeting of the Society. All members will be kept informed of this process as it develops.”
Since being founded in 1967, ACS has been an incorporated association registered in the Australian Capital Territory. In 2017 ACS laid out its five-year Strategic Plan focusing on boosting the profession’s capacity and capability while positioning ACS as a catalyst for sparking innovation.
Following the release of the Strategic Plan, ACS consulted with almost 200 elected members on the suitability and limitations of its existing association-based governance model. After the review, ACS' National Congress unanimously recommended at its December 2018 meeting for ACS to migrate to a Company Limited by Guarantee while maintaining its not for profit status.
The judgment has been posted to the Federal Court’s website and is accessible via - https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca2175
-ENDS-
Further information
Troy Steer
Director of Corporate Affairs and Public Policy
M – 0417 173 740
E – troy.steer@acs.org.au
About ACS
ACS is the professional association for Australia's technology sector. More than 45,000 ACS members work in business, education, government and the community. ACS exists to create the environment and provide the opportunities for members and partners to succeed.
The Society strives for technology professionals to be recognised as drivers of innovation in our society, relevant across all sectors, along with promoting the formulation of effective policies on technology and related matters. Visit www.acs.org.au for more information.