Canberra Preschool Society

The Home Corner
Membership
Calender
History
For Parents
Workshops
Hot Topics
Documents
Links
Contact Us
FAQs
Search

Annual Handover
Parent Association Guide
Preschools in the ACT
Playschools in the ACT
Playgroups in the ACT
Childcare in the ACT
Early Childhood Schools
Early Learning & Development
Getting Ready for Kindy?

Amalgamations

Background
The CPS encourages each Preschool Parent Association to exercise it’s legal right to choose its own course of action with respect to its future.
The CPS has taken steps to ensure that there is a considerable degree of flexibility for the member Parent Associations - be they the original entity formed before the opening of the Preschool or Playschool or those entities that emerge from the period of change stemming from the Preschool/Primary Amalgamations.
From 2008 all Preschool Parent Associations have been taking the necessary time to examine their immediate, medium and long-term future. This action comes as a direct result of the Government’s adoption of the 2006 Toward 2020 proposal to amalgamate the non-compulsory Preschool year into the compulsory Primary School years of each child's education.
The CPS Council has actively encouraged this necessary organisational review - is it represents a healthy and more realistic understanding of who the Parent Association is and why they operate the way that they do.
The CPS Council believes that there is a role for the Preschool Parent Association - as an independent entity that shares in the governance of the school or for a Parent Group that operates as a sub-committee of the Primary School's Parent and Citizen's Association. CPS Membership is open to either and the CPS Council seeks to support a growing understanding of the early years of a child's learning and development - regardless.
The information below does not seek to replace the information that is to be obtained from the Registrar General's Office - it is aimed to give you a brief understanding of the processes involved when an Association needs to reassess its entity, its obligations and responsibilities. More information should be sought from the Office of Regulatory Services Website, and, of course, we urge you to seek out independent legal advice - due, mostly, to the fact that we are not equipped to be your Association's legal counsel.
Amalgamation
If you are planning to amalgamate with the other Association (for example, another Preschool Parent Association or the Parent & Citizens Association of the Primary School) – that means that the Preschool Parent Association and the other Association are going to join together and form a new Association. This new association will be one that:
reflects the larger community,
is governed by a new Constitution that meets the needs of both Associations,
is managed through a slightly different structure, and
one that – subsequent to the amalgamation – jointly decides to what they want to do with the new Association’s assets (ie. The Preschool resources and equipment)?

You will need many meetings (all achieving a quorum) both with and separate from the other Association to work through the entire process and to establish who will be able to make the necessary decisions and how.
The Office of Regulatory Services advises that:
"The Act allows two or more associations that are already incorporated in the ACT to amalgamate as a single association.
The terms of the amalgamation, [and]
the objects and rules of the new association must be approved by a special resolution of each amalgamating association before the amalgamation can occur.
The new rules must be consistent with the objects of the new association and
comply with the normal requirements of rules.
Once a special resolution to amalgamate the associations has been passed, a joint application should be lodged with the ORS to incorporate as a single entity. That application must be made using the appropriate form [downloaded from: the ACT Legislation Register].
Associations will be amalgamated where both associations are up to date with information on the public register."
Please refer to the Incorporated Associations Practice Manual on the Office of Regulatory Service's website. As this helpful document can be downloaded or viewed on line. It provides all of the necessary information to navigate your way through these actions.
It is role of the CPS to instruct nor advise on this procedure and independent legal advice should be sought.
You must seek legal advice pertaining to any of these actions as, if handled incorrectly, can cause a lot of grief.
Page updated: 16 March 2010

Introduction
AdminBandit
Amalgamations
Committees
Constitutions
Education Tax Refund
Governance
Grants Assistance
Incorporation
Insurance
Membership
MOUs
Office of Regulatory Services
Quorum - not getting one ?
Treasurers - Starting
Treasurers - Finishing
Volunteering
Winding Up

Site Map