It’s been an eventful week, but it’s still unclear as to who is leading the college.
Between a chaotic EGM and seemingly contradictory communiques, the Royal Australasian College of Physicians has seen one of the most eventful weeks in its history, and its leadership stoush still burns on.
After the EGM on Wednesday, at which members voted on whether to remove president Professor Jennifer Martin from her position early, results are still unclear regarding the board composition, with mixed messages sent out to members on whether the EGM was successful.
In a communique released to members yesterday, obtained by The Medical Republic, the RACP board denied that the EGM held on Wednesday was valid.
“Under the Constitution, any appointment of a Director outside an election process can only occur through a properly convened and quorate meeting of the Board,” the communique reads.
“No such meeting has occurred, and no such approval has been given.
“Accordingly, there has been no change to the composition of the RACP Board; and any communications suggesting otherwise should be disregarded.
“The Board is treating the events surrounding yesterday’s meeting, and subsequent actions, as extremely serious matters.”
The reported results from the EGM to remove Professor Martin saw 54.5% (2179) of members voting in favour of removal and 45.5% (1819) against.
Despite the EGM results still being disputed, Professor Martin no longer appears as a responsible person on the Australian Charities and Not-for-profits Commission listing for the RACP.
Yesterday’s communique has said that these changes to registration were not made “in accordance with the College’s Constitution or governance requirements and are not valid.”
The ACNC has reiterated to TMR that it does not take an active role in mediating or resolving internal disputes within a charity.
“By law the ACNC cannot speak publicly about the circumstances of any charity, apart from referring to information published on the Charity Register, or unless an exception applies in limited circumstances,” the ACNC told TMR.
“The ACNC notes the information published on the RACP website following a resolution of its board to seek the involvement of the ACNC in the governance of the College.
“Speaking generally, the ACNC does not take an active role in mediating or resolving internal disputes within a charity.
“Unfortunately, internal disputes can threaten a charity’s good governance and the effectiveness of its operations – especially if they are left unresolved or unaddressed. We provide guidance for charities and recommend legal advice is sought if a dispute raises any legal questions.”
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ASIC has declined to comment on the situation due to its policies on public commenting on activity and confidentiality safeguards on information reported to the commission.
This EGM came with an upwards-of-$200k price tag, and was the fifth in the past six months. That puts the estimated total cost of the leadership bout to around $1 million.
A formal review is reportedly underway to assess the EGM validity, but no timeframe has given.
“A formal review is underway into the validity of the meeting and any actions purportedly undertaken at the meeting; compliance with the Constitution and the Corporations Act; and conduct and process issues arising in connection with these events,” yesterday’s communique reads.
“The Board will take all necessary steps to protect the integrity of the College’s governance and ensure that decisions affecting members are made lawfully and properly.
“We recognise that the current situation is deeply concerning for members.”
