LTAV History

LTB-STAV HISTORY TO PRESENT DAY

To understand the current situation that LTB-STAV is in, we need to go back to the beginning when LTB-STAV was formed. This took place in November 1980. For LTB-STAV’s proper formation, STAV was obliged to add LTB to its Articles of Association, clause 120. BRANCHES.
Unfortunately the STAV Committee at the time failed to add LTB to its list of Branches. And the newly formed LTB Committee didn’t check that it had been done. As a consequence STAV has suggested that LTB may have never legally been a branch of STAV. If STAV is right and LTB is not currently a branch of STAV the reality appears to be that LTB is operating as an Unincorporated Association with full legal liability resting with the LTB Committee. This places the current Committee in a very precarious situation. Hence our Special Resolution to become an Incorporated Association with limited legal liability (like most sporting associations these days!) to be presented at our AGM on Friday 30th November 2007, 8.30 am at LABCON, Hemisphere Conference Centre, 488 South Road, Moorabbin.

So LTB-STAV Committee began its work believing it to be a Branch of STAV with the following power from the Articles of Association, clause 122 POWERS OF BRANCHES:

(c) to open and maintain bank accounts for moneys received by or on behalf of the Branch and to make issue draw and endorse cheques in respect of such bank accounts.

There are more powers but the above is most relevant to our current situation.

A Committee was formed, bank accounts (with LTB President, Secretary and Treasurer as signatories) were set up, Lablines published and LABCON organized, all for the benefit of the registered members. And this was how it was for about 25 years, operating independently of STAV. During this time LTB received a substantial copyright payout which was wisely invested in a Commonwealth Term Deposit, and added to when LABCON made a profit. It is now approx $52,000.

A few years ago the STAV President was made a signatory to the LTB operating account just as recognition that LTB was a branch of STAV, although there was never any need for him to sign cheques. Then with the introduction of GST, STAV became more involved with the day to day financial dealings, so then the STAV Accountant’s signature was added. The STAV Accountant also told LTB to use the Science Victoria’s ABN rather than applying for its own. For the last 2 years deposit money for LABCON was asked for upfront (in past years it has always been invoiced after LABCON ). LTB did not have enough in the operating account for the deposit so the STAV Accountant persuaded the LTB Treasurer at the time to accept a loan of $15,000 from STAV rather than using the Commonwealth Term deposit. The $15,000 is paid back in December after LABCON. The same arrangement has been made for LABCON 2007.

The signatures for the LTB Commonwealth Term deposit were found by the recent LTB Treasurer to be out of date, apart from the STAV Accountant. All the LTB office bearers had changed so the LTB Treasurer with the assistance from the bank (who advised it was dangerous to have such an account with only one signature!) attempted to update all the signatures. Then to be told by the STAV Auditor that LTB-STAV was a “special interest group” where the LTB Committee has only an advisory role and thus cannot be signatories to the accounts or sign contracts eg for LABCON. One asks how did this eventuate? How could all of the signatures of the LTB Office Bearers be removed and replaced by one STAV Accountant.? How could it go from being two to sign to only one to sign? As I see it the reality is, that LTB and STAV are separate bodies (only around 1% of members of LTB are also members of STAV and LTB has never agreed to be a “special interest group” of STAV or Science Victoria) so therefore STAV should not be signatories to LTB accounts. At the moment the Commonwealth Term deposit has been frozen until these matters are sorted out, however STAV has indicated that it would release the LTB Commonwealth Term deposit funds to LTB if LTB incorporates and can demonstrate sufficient membership in the incorporated association.

The Auditor of STAV has suggested that if LTB does not wish to comply with the conditions of being a “special interest group” (with an advisory role only, no financial powers and no ability to contract without STAV’s approval) and it is also not a legal Branch (only in name!) then LTB should “go its own way”. And so the seed was planted and the LTB Committee obtained legal and accounting advice to put to it registered members at the AGM, a vote for Incorporation to create the Laboratory Technicians Association of Victoria, LTAV.
Throughout this process STAV has been urged to change its constitution to allow us to be a legal Branch but that has not been embraced.

Matters came to a head as the 2007 AGM drew nearer and it became obvious that it would be too risky for committee members to nominate unde the present structure, with no underpinninging in any meaningful way from STAV.

At the 2007 AGM the decision to form an incorporated association was passed and LTAV was established to continue the dream that started in Nov 1980.