Bylaws
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- Definitions
In these rules, unless the contrary intention appears-
“Annual general meeting” is a meeting convened under rule 14 of the Constitution;
“BIAWA” is the Building Inspectors Association of Western Australia Inc;
“Committee meeting” means a meeting of the Executive Committee Members as defined in rule 5 of these By-Laws. Any financial member can attend a Committee meeting however they are not invited;
“Executive Committee Member” means the person referred to in rule 4 of these By-Laws;
“Special General Meeting” is a meeting convened under rule 15 of the Constitution; and
“State Executive” consist of the members stated in rule 9 of the Constitution.
- Powers To Create By-Laws. Refer rule 9(g)(ii) of the Constitution
(1) A BIAWA member shall agree to abide by these By-Laws.
3. Applications For Membership Of Association. Refer rule 4 of the Constitution
(1) A person who wishes to become a member must-
(a) apply for membership to the Committee in writing-
(i) signed by that person and witnessed by Commissioner for Declarations or Justice of the Peace; and
(ii) in such form as the Committee from time to time directs; and
(iii) include a referee from at least two financial members of the association confirming their experience.
(2) The Executive Committee must consider each application made under sub-rule (1) within two months upon receipt of a properly presented application must at the next scheduled Committee meeting accept or reject that application.
(3) An applicant whose application for membership of the Association is rejected under sub-rule (2) must, if he or she wishes to appeal against that decision, give notice to the Secretary of his or her intention to do so within a period of 14 days from the date he or she is advised of the rejection.
(4) When notice is given under sub-rule (3), the Association in a general meeting no later than the next annual general meeting, must either confirm or set aside the decision of the Committee to reject the application, after having afforded the applicant who gave that notice a reasonable opportunity to be heard by, or to make representations in writing to, the Association in the general meeting.
4. Executive Committee Members.
(1) The President, Vice-President, Secretary and Treasurer along with four elected Association members shall form the Association’s Executive Committee.
(2) Executive Committee Members must be elected to these positions at an annual general meeting or a special general meeting.
5. General Committee Meetings.
(1) The Executive Committee must meet together for the dispatch of business not less than 6 times in each year.
(2) Each member who attends a General Committee Meeting has a deliberative vote.
(3) There is no limit to the number of financial members whom wish to attend a General Committee Meeting.
(4) A question arising at a General Committee meeting must be decided by a majority of votes, but, if there no majority, the person presiding at the General Committee meeting will have a casting vote in addition to his or her deliberative vote.
(5) At a General Committee meeting two Executive Committee members and three ordinary members constitute a quorum.
(6) The Secretary will 14 days prior to the holding of a General Committee Meeting prepare an agenda and send the agenda out to the Management Committee Members.
(7) Subject to these rules, the procedure and order of business to be followed at a Committee meeting must be determined by an agenda or in the absence of an agenda, the Committee members present at the Committee meeting.
6. Voting Rights Of Members Of The Association.
- Subject to these rules, each member present in person or by proxy at an annual, general or special meeting is entitled to a deliberative vote.
(2) A member (in this rule called “the appointing member”) may appoint in writing another member who is a natural person to be the proxy of the appointing member and to attend, and vote on behalf of the appointing member at, any general meeting.
7. Disputes and Mediation. Refer rule 7 of the Constitution
(1) The grievance procedure set out in this rule applies to disputes under these rules between-
- a member and another member; or
- a member and the Association; or
- if the Association provides services to non-members, those non-members who receive services from the Association, and the Association.
(2) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
(3) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
(4) The mediator must be-
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement-
(i) in the case of a dispute between a member and another member, a person appointed by the Committee of the Association;
(ii) in the case of a dispute between a member or relevant non-member (as defined by sub-rule (1) (c)) and the Association, a person who is a mediator appointed to, or employed with, a not for profit organisation.
(5) A member of the Association can be a mediator.
(6) The mediator cannot be a member who is a party to the dispute.
(7) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
(8) The mediator, in conducting the mediation, must-
(a) give the parties to the mediation process every opportunity to be heard;
(b) allow due consideration by all parties of any written statement submitted by any party; and
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
(9) The mediator must not determine the dispute.
(10) The mediation must be confidential and without prejudice.
(11) If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
8. Code Of Ethics. Refer rule 7(a) of the Constitution
- A BIAWA member shall be fair, honest, impartial, and act in good faith in dealing with the public.
(2) A BIAWA member shall not discriminate in advice given to the public on the basis of race, colour, religion, sex, national origin, familial status, sexual orientation or handicap.
(3) A BIAWA member shall be truthful to all regarding his/her services and qualifications.
(4) A BIAWA member shall not offer or provide any commissions to any party concerned with a property inspected by the member for being referred to inspect the property.
(5) A BIAWA member shall not accept any commissions from any party concerned with a property inspected by the member for being referred to inspect the property.
(6) A BIAWA member shall not accept compensation for recommending contractors, services, or products to inspection clients or other parties having an interest in inspected properties.
(7) A BIAWA member shall not offer to perform any unsolicited repairs or repair-associated services to the building on which the member or member’s company has prepared an inspection report, for a period of 12 months after the report is written.
(8) A BIAWA member shall only perform express opinions based on genuine conviction within their personal areas of qualification, education, training, or experience.
(9) A BIAWA member shall not be paid for an inspection by more than one party unless agreed to by the client(s).
(10) A BIAWA member shall always disclose a conflict of interest with the client as soon as that conflict becomes apparent.
- Inspection And Reporting Standards. Refer rule 7(a)(ii) of the Constitution
(1) A BIAWA member shall use a written contract that specifies the services to be performed, limitations of services, and fees as required by Australian Standard 4349.0.
(2) A BIAWA member shall provide written reports on inspection works performed in accordance with Australian Standard 4349.0.
(3) A BIAWA member shall comply with all legislation, regulations, by-laws and licensing requirements of the jurisdiction where he/she conducts business.
- Professional Development.
(1) A BIAWA member shall comply with the BIAWA’s current Continuing Professional Development requirements.
(a) What are they TBA.
- Advertising And Website Standards.
(1) A BIAWA Member shall assist the BIAWA in advertising and publicising the benefits of BIAWA membership to other building inspectors.
(2) A BIAWA Member shall assist the BIAWA in advertising and publicising the benefits of using the services of BIAWA members to the property industry and the general public.
(3) A BIAWA member shall abide by current website usage rules.
(4) The BIAWA must be given equal or greater prominence in your marketing (brochures and websites) as other professional bodies you belong to.
- Employee Standards.
(1) A BIAWA member shall at all times be responsible for the actions of his or her employees in their business conduct, in accordance with the Byelaws and the Code of Ethics.
- Breaches Of These By-Laws.
(1) A BIAWA member shall report breaches of the Byelaws and Code of Ethics to the Association.
