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20 Appendix 1. Corporations Act 2001 a Company Limited By Appendix 1. Corporations Act 2001 A Company Limited by Guarantee Not having a Share Capital CONSTITUTION of KILDARE EDUCATION MINISTRIES LIMITED NATURE OF THIS COMPANY 2. This company is a public company limited by guarantee. 3. The name of the Company is Kildare Education Ministries Limited. 4. The replaceable rules set out in the Corporations Act 2001 do not apply in this Constitution. DEFINITIONS 5. In this Constitution the following definitions apply unless the context otherwise requires: (a) “Act” means the Corporations Act 2001 (C’th); (b) “Board” means the members for the time being of the board of Directors forming a quorum present at a duly convened meeting of the board of Directors; (c) “Brigidine Sisters” means the members of the Religious Institute known as the Congregation of the Sisters of St Brigid, sometimes known as the Sisters of the Brigidine Congregation; (d) “Canon Law” means the universal law of the Church in the 1983 Code of Canon Law and universal legislation as well as particular and proper law enacted by competent ecclesiastical authority, as amended from time to time, as well as the Statutes of Kildare Ministries; (e) “Chair” means the chairperson of the Board; (f) “Colleges” means: (i) Marian College, Ararat, Victoria ABN 43 472 953 348; (ii) St Joseph's College, Echuca, Victoria, ABN 54 772 122 669; (iii) Clonard College, Geelong, Victoria, ABN 35 277 410 813; (iv) Kilbreda College, Mentone, Victoria, ABN 28 806 831 820; (v) Killester College, Springvale, Victoria, ABN 75 349 953 534; (vi) Marian College, Sunshine West, Victoria ABN 51 857 204 603; (vii) Kildare College, Holden Hill, South Australia ABN 65 762 153 039; and 20 (viii) such other colleges as the Company may agree to manage from time to time; (g) “Community Works” means any works undertaken by the Company other than Educational Services; (h) “Company” means Kildare Education Ministries; (i) “Constitution” means the Constitution for the time being of the Company; (j) “Directors” means the directors for the time being of the Company; (k) “Educational Services” means any educational ministry and administration provided by the Company; (l) “Financial Year” means the period of twelve (12) months commencing 1st January each year; (m) “Kildare Ministries” means the Public Juridic Person known as Kildare Ministries which is incorporated in civil law under the name of the Trustee and whose principal objects are to: (i) continue the mission of Jesus Christ and assume responsibility for the Educational Services and Community Works of the Brigidine Sisters as well as any other ministries; (ii) ensure that the Educational Services and Community Works are conducted in conformity with the teachings, discipline and laws of the Roman Catholic Church; (iii) build on the founding grace and sound traditions of the Brigidine Sisters; (iv) assume responsibility at Canon Law for Educational Services and Community Works; and (v) remain open and responsive to the needs of the poor and disadvantaged. (n) “Member” means a member of the Company; (o) “Ministries” means the works for which the Company is responsible; (p) “Office” means the registered office for the time being of the Company; (q) “Principal” means a Principal of a relevant College appointed in accordance with the provisions of this Constitution; (r) “Professional Standards” means professional standards in accordance with Canon Law and civil law; (s) “Public Juridic Person” means a public ecclesiastical juridic person in the Roman Catholic Church; (t) “Register" means the register of members kept pursuant to the Act; (u) “Seal” means the common seal of the Company; 21 (v) “Sole Member” means a Member which is the only Member of the Company; (w) “Secretary” means any person appointed to perform the duties of a secretary of the Company and includes an honorary secretary; (x) “Stewardship Council” means the persons forming a Stewardship Council in respect of each of the Colleges. The purposes of each Stewardship Council are: (i) to monitor the policies of the College, to be part of the consultative process of policy making and to offer instructive advice so that all policies strengthen the College as a good place for young people; (ii) to plan for the future by studying trends in education, local demography and emerging needs; (iii) to monitor recurrent and capital finances of the College; and (iv) to contribute to the public relations of the College within the wider community; (y) “State” means the state or territory of Australia in which the Company is registered under the Act; (z) “Students” means the students attending the Colleges from time to time; (aa) “Trustee” means Trustees of Kildare Ministries which is the civil law entity of Kildare Ministries and is a body corporate under the Roman Catholic Church Communities’ Lands Act 1942 (a New South Wales Statute); (bb) “include” or “including” means including without limitation; and (cc) “In writing” or “written” includes printing, lithography, typing, writing or other modes of representing or reproducing words in a visible form. INTERPRETATION 6. In this Constitution, unless a contrary intention appears: (a) the singular includes the plural and vice versa; (b) a reference to a person includes a firm, body corporate, an unincorporated association or an authority; (c) a reference to a gender includes the other genders; (d) headings are for convenience only and do not form part of this Constitution or affect its interpretation; (e) reference to legislation or a provision of any legislation includes modifications or re- enactments of the legislation, or any legislative provision substituted for, and all legislation and statutory instruments and regulations issued under the legislation; (f) a reference to a Rule is to a rule or sub-rule of this Constitution; and 22 (g) an expression in these Rules that deals with a matter dealt with by a particular provision of the Act, has the same meaning as in that provision of the Act. OBJECTS OF THE COMPANY 7. The objects for which the Company is established are: (a) to govern, conduct and carry on the Colleges and Community Works, subject always to the provisions of relevant legislation, in accordance with the mission of the Catholic Church and with an educational philosophy identical to that of Kildare Ministries; (b) to provide a Catholic education according to the precepts, teaching and practice of the Catholic Church, to all pupils under its jurisdiction. The Colleges aim to create an educational environment, faithful to the tradition and spirit of Kildare Ministries where the dignity of each person involved with the Colleges is nurtured and valued and the full development of the individual person is fostered in a College community. The education provided will be broad, inclusive and general. In addition to personal, intellectual, spiritual, social development and pastoral care provisions, the educational milieu will be to encourage a spirit of justice and social responsibility; (c) to carry on or assist in the carrying on and promotion of the religious, apostolic and charitable activities of Kildare Ministries in connection with Catholic education; (d) to provide within a Christian environment, the highest standard of education; (e) to create an environment for all staff members to act according to the values set out in the Mission Statement below; (f) to promote programs of, and to provide a working environment fo, staff development and appraisal through continuing education, training activities and other means; (g) to ensure the closest collaboration between the parents and staff to whose care the students have been entrusted; and (h) to co-operate and collaborate with other entities furthering the mission of the Catholic Church in Educational Services and Community Works. MISSION STATEMENT 8. (a) The Company takes its inspiration from the person of Jesus, the founding vision of Bishop Daniel Delany and the spirit of St Brigid of Kildare. It is committed to a vision of ministry grounded in the Judeo-Christian tradition that reflects the love, generosity and justice of the Gospels. (b) The Company takes its name from the Irish Cill Dara, Church of the Oak. It reflects both a particular Brigidine heritage - St Brigid's monastery and foundation under the sheltering oak - and an inclusive determination to shape that tradition of faith, hospitality and nurture to suit the needs of the future. 23 (c) The vision of the Company centres on the transformative power of education that is underpinned by principles of sound educational practice and based in a rich Catholic and spiritual tradition. (d) The mission of the Company is to offer Educational Services within an inclusive and socially just context. Its Educational Services are intended to enable young people to develop as competent learners, reflective and critical thinkers and compassionate human beings who have a commitment to building the common good. (e) Inspired by the motto of Fortiter et Suaviter (Strength and Gentleness), the Company attempts to nurture a vision of life in which strength and gentleness, characterised by personal integrity and compassion, informs thinking and action and enables all to take their rightful place in church and society. In addition to personal, intellectual, spiritual, social development and pastoral care provisions the educational milieu will be to encourage a spirit of justice and social responsibility. POWERS OF THE COMPANY 9. The Company has all the powers given to it under the Act including all powers necessary to enable the Company to carry out its objects except that the power of investment by the Company is limited to one or more of the following: deposit with, acquisition of shares or other securities in a major Australian Bank licensed to carry on banking business under the Banking Act 1959; or so long as there is a Sole Member, such other institution as may be approved by the Sole Member.
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