RULES FOR THE DISABILITY EDUCATION ASSOCIATION
OF NEW SOUTH WALES/AUSTRALIAN CAPITAL TERRITORY
PART 1 PRELIMINARY
1 Definitions
2 Name
3 Objects
PART
2 MEMBERSHIP
4 Membership criteria
5 Cessation of membership
6 Membership entitlements not transferable
7 Resignation of membership
8 Register of members
9 Fees and subscriptions
10 Members' liabilities
11 Disciplining of members
12 Right of appeal of disciplined member
PART
3 GOVERNANCE
13 General governance
14 General
Meetings of the Association
14.1 General
meetings - general
14.2 Annual general meetings - holding of
14.3 Annual general meetings - calling of and business at
14.4 Special General meetings - calling of
14.5 General meetings - notice
14.6 General meetings - procedure
14.7 General meetings - presiding member
14.8 General meetings - Adjournment
14.9 General meetings - making of decisions
14.10 General meetings - special resolution
14.11 General meetings - voting
14.12 General meetings -appointment of proxies
15 The Council
15.1 General
15.2 Holding of Council meetings
15.3 Business at
15.4 Membership of Council
15.5 Election of Council members
15.6 Notice
15.7 Procedure
15.8 Voting
16 The Executive
16.1 Powers
16.2 Membership of the Executive
16.3 Election of the Office Bearers
16.4 Notice
16.5 Procedure
16.6 Voting
16.7 Chairperson
16.8 Deputy Chairperson
16.9 Secretary
16.10 Treasurer
17 Casual vacancies of Council or Executive
18 Removal of a member of Council or Executive
PART
4 MISCELLANEOUS
19 Insurance
20 Funds - source
21 Funds - management
22 Alteration of objects or Rules
23 Common seal
24 Custody of books
25 Inspection of books
26 Service of notices.
PART 1 PRELIMINARY
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1 DEFINITIONS
1.1 In these rules:
The Association means the 'Disability Education Association of New
South Wales/Australian Capital Territory (NSW/ACT)
public officer means a member of the Council appointed by Council
to the position of "Public officer"
secretary means:
(a) the person holding office under these rules as secretary of the
association, or
(b) if no such person holds that office - the public officer of the
association.
Special general meeting means a general meeting of the association
other than an annual general meeting.
the Act means the Associations Incorporation Act 1984.
the regulation means the Associations Incorporation Regulation 1999.
1.2 In these rules:
(a) a reference to a function includes a reference to a power, authority
and duty, and
(b) a reference to the exercise of a function includes, if the function
is a duty, a reference to the performance of the duty.
1.3 The provisions of the Interpretation Act 1987 apply to and in
respect of these rules in the same manner as those provisions would
so apply if these rules were an instrument made under the Act.
2. NAME
The name of the
association shall be
Disability Education Association of NSW/ACT (DEAN).
3. OBJECTS
3.1 The objects
for which the Association is established are to:
1. Promote the
educational opportunities for people with disabilities
2. Profile the issues for people with disabilities with students and
staff
3. Facilitate the accessibility of Post-secondary education for people
with disabilities
4. Provide Opportunities for cross-sectoral collaboration and a forum
for the unique and collective interests of all constituents
5. Facilitate the collection & dissemination of information
6. Develop & promote professional development activities
7. As a community of practice:
· Provide one voice to promote the unique and collective interests
of all constituents
· Provide issue based representation to relevant bodies and
governments
· Promote the enhancement of access to education for people
with disabilities
8. Borrow and raise money in such manner as the association may think
fit for the purposes of advancing the objects of the association .
9. Invest any monies of the association, not immediately required
for any of its objects, in such manner as may from time to time be
determined.
10. Make any payments of monies of the association to any person or
for any purposes not herein before specifically described, where the
making of such payment would in the opinion of the association tend
directly to further the objects set out in this rule
11. Subject to a resolution passed at an extraordinary or annual general
meeting of all members, to amalgamate with any organisations or associations
which have objects altogether or in part similar to those of the association
12. Affiliate, or otherwise in any manner associate with any organisations
or associations which have objects altogether or in part similar to
those of the association, and to grant financial assistance to such
organisations
13. Do all such other lawful things as are incidental or conducive
to the attainment of the above objects
PART 2 MEMBERSHIP
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4 MEMBERSHIP
CRITERIA
4.1 Membership
of the Association shall be open to any person who:
(i) is employed in the University or TAFE education sectors in NSW
or ACT whose position focuses in part or in full on the provision
of educational access services for people with a disability; and
(ii) pays the membership fee prescribed at each Annual General Meeting
4.2 The Council shall have the right to determine that membership
shall be open to a person who does not meet the criteria in clause….
4.3 Membership shall lapse after the expiration of one year from the
28th of the month of date of payment of the prescribed membership
fee unless the membership is renewed by payment of a further annual
membership fee
4.4 The Executive shall have the right to determine an individual's
eligibility for membership under clause 4.1. Only the full executive
shall have the right to determine that an individual's application
for membership is rejected. The Executive shall advise the applicant
the basis for rejecting the application for membership.
5. CESSATION
OF MEMBERSHIP
5.1 A person ceases to be a member of the association if the person:
(a) dies, or
(b) resigns membership, or
(c) is expelled from the association. or
(d) lapses their membership as a result of non-payment of a membership
fee, after the expiration of three months from the payment falling
due
6. MEMBERSHIP
ENTITLEMENTS NOT TRANSFERABLE
A right, privilege or obligation, which a person has by reason of
being a member of the association:
(a) is not capable of being transferred or transmitted to another
person, and
(b) terminates on cessation of the person's membership.
7. Resignation
of membership
A member may resign by giving written notice of 2 weeks to the Secretary
of the Association..
8. Register
of members
8.1 The public officer of the association shall establish and maintain
a register of members of the association specifying the name and address
of each person who is a member of the association together with the
date on which the person became a member.
8.2 The register of members must be kept at the principal place of
administration of the association and must be open for inspection,
free of charge, by any member of the association at any reasonable
hour.
9. FEES AND
SUBSCRIPTION
9.1 A member of the association shall pay to the Association an annual
fee as set out by the Council and endorsed by the Association's members
at the Annual General Meeting.
9.2 The annual fee set by Council shall apply for the next calendar
year.
9.3 Members who join in 2002 shall not be required to pay a further
annual fee until 2004.
9.4 The executive may determine that a membership fee is not required
for an individual on the grounds of hardship or in order to encourage
the membership of an individual
10. MEMBERS'
LIABILITIES
The liability of a member of the association to contribute towards
the payment of the debts and liabilities of the association or the
costs, charges and expenses of the winding up of the association is
limited to the amount, if any, unpaid by the member in respect of
membership fee of the association as required by Rule 9.
11. DISCIPLINING
OF MEMBERS
11.1 Where the Executive is of the opinion that a member of the Association
(a) has persistently refused or neglected to comply with a provision
or provisions of these rules, or
(b) has persistently and wilfully acted in a manner prejudicial to
the interests of the association.
the Executive may, by resolution,
(a) expel the member from the association or
(b) suspend the member from membership of the association for a specified
time.
11.2 The Executive
may not decide to expel or suspend a member unless the Executive has:
(1) served notice on the member that the executive will be discussing
their proposed expulsion or suspension at an executive meeting,
(2) provided details of the complaint in this notice and
(3) allowed the member the option of either attending the executive
meeting to respond to the proposed expulsion or suspension or to provide
a written response within 10 working days of receipt of the notice
and prior to the executive meeting
11.3 If the executive expels or suspends a member, the secretary must,
within 7 days after the action is taken, provide written notice to
the member of the action taken, of the reasons given by the Executive
for having taken that action and of the member's right of appeal.
Notice of intention to appeal shall be made within 10 working days
of this written notice.
11.4 A resolution confirmed by the executive under rule 11.3 does
not take effect-
(a) until the expiration of the period within which the member is
entitled to appeal against the resolution where the member does not
exercise the right of appeal within that period; or
(b) where within that period the member exercises the right of appeal,
unless and until the Association confirms the resolution pursuant
to rule 12.
12. RIGHT OF
APPEAL OF DISCIPLINED MEMBER
12.1 Where a member appeals against the decision by the executive
to suspend or expel them, the appeal shall be heard at the next meeting
of the Council. At this meeting the council shall;
(a) give to the member the opportunity to make personal representations
(b) give due consideration to any written representation submitted
to the Council by the member at or prior to the meeting; and
(c) by resolution determine whether to confirm or to revoke the resolution
12.2 The members present shall vote by secret ballot on the question
of whether the resolution should be confirmed or revoked, using a
method determined by the Chairperson which accommodates the needs
of members with a disability.
PART 3 GOVERNANCE
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13 GENERAL GOVERNANCE
The Association shall be governed by General Meetings, a Council and
an Executive as provided in these Rules.
14. GENERAL
MEETINGS OF THE ASSOCIATION
14.1 General
Meetings - General
(1) The supreme
governing body of the Association shall be the General Meeting of
the Association.
(2) All members of the Association shall be advised of, may attend
and may vote at the Association General meeting.
14.2 Annual
general meetings - holding of
(1) With the exception of the first annual general meeting of the
association, the association must, at least once in each calendar
year and within the period of 6 months after the expiration of each
financial year of the association, convene an annual general meeting
of its members.
(2) The association must hold its first annual general meeting:
(a) within the period of 12 months after its incorporation under the
Act, and
(b) within the period of 6 months after the expiration of the first
financial year of the association.
(3) Clauses (1) and (2) have effect subject to any extension or permission
granted by the Director-General under section 26(3) of the Act.
14.3 Annual general meetings - calling of and business at
(1) The annual general meeting of the association is, subject to the
Act and to Rule 14.4 (special general meetings), to be convened on
such date and at such place and time as the Executive thinks fit.
In addition to any other business which may be transacted at an annual
general meeting, the business of an annual general meeting is to include
the following:
(a) to confirm the minutes of the last preceding annual general meeting
and of any special general meeting held since that meeting,
(b) to receive from the Executive reports on the activities of the
association during the last preceding financial year,
(c) to elect office-bearers of the association and ordinary members
of the Executive,
(d) to receive and consider the statement that is required to be submitted
to members under section 26(6) of the Act.
(e) subject to Rule 18, suspend or remove from office any Officer,
Executive or Council member.
(f) authorise
the payment of any debts incurred by the Association.
(g) appoint auditors.
(h) fix the membership fee.
(i) delegate any of its powers to the Council or Executive
(j) establish funds for the purpose of carrying out any of the objects
of the Association.
(k) establish such Councils, working parties or other groups as may
be necessary for the purpose of dealing with any matter or matters
and invest such Councils, working parties or groups with all such
powers and authorities as it may consider necessary or desirable.
(l) interpret any Rule or Rules of the Association the meaning of
which is in doubt.
(m) establish, amend, add to, delete from or abolish Standing Orders
for the conduct of meetings.
(n) subject to Rule 22, amend these Rules.
(o) do all such acts, matters and things as may be necessary for more
effectively carrying out the objects of the Association.
(2) An annual general meeting must be specified as such in the notice
convening it.
14.4 Special
general meetings - calling of
(1) The Executive may, whenever it thinks fit, convene a special general
meeting of the association.
(2) The Executive must, on the requisition in writing of at least
10 per cent of the total number of members, convene a special general
meeting of the association within one month of this request..
(3) A requisition of members for a special general meeting:
(a) must state the purpose or purposes of the meeting, and
(b) must be signed by the members making the requisition, and
(c) must be lodged with the secretary, and
(d) may consist of several documents in a similar form, each signed
by one or more of the members making the requisition.
(4) If the Executive fails to convene a special general meeting to
be held within 1 month after that date on which a requisition of members
for the meeting is lodged with the secretary, any one or more of the
members who made the requisition may convene a special general meeting
to be held not later than 3 months after that date.
(5) A special general meeting convened by a member or members as referred
to in clause (4) must be convened as nearly as is practicable in the
same manner as general meetings are convened by the Executive and
any member who consequently incurs expenses is entitled to be reimbursed
by the association for any expense so incurred.
14.5 General
Meetings - Notice
(1) Except if the nature of the business proposed to be dealt with
at a general meeting requires a special resolution of the association,
the secretary must, at least 7 days before the date fixed for the
holding of the general meeting, give a notice to each member specifying
the place, date and time of the meeting and the nature of the business
proposed to be transacted at the meeting.
(2) If the nature of the business proposed to be dealt with at a general
meeting requires a special resolution of the association, the secretary
must, at least 21 days before the date fixed for the holding of the
general meeting, cause notice to be given to each member specifying,
in addition to the matter required under clause (1), the intention
to propose the resolution as a special resolution.
(3) No business other than that specified in the notice convening
a general meeting is to be transacted at the meeting except, in the
case of an annual general meeting, business that may be transacted
under Rule 14.3.
(4) A member desiring to bring any business before a general meeting
may give notice in writing of that business to the secretary who must
include that business in the next notice calling a general meeting
given after receipt of the notice from the member.
14.6 General
Meetings - Procedure
(1) No item of business is to be transacted at a general meeting unless
a quorum of members entitled under these rules to vote is present
during the time the meeting is considering that item.
(2) Five members present in person (being members entitled under these
rules to vote at a general meeting) constitute a quorum for the transaction
of the business of a general meeting.
(3) If within half an hour after the appointed time for the commencement
of a general meeting a quorum is not present, the meeting:
(a) if convened on the requisition of members, is to be dissolved,
and
(b) in any other case, is to stand adjourned to the same day in the
following week at the same time and (unless another place is specified
at the time of the adjournment by the person presiding at the meeting
or communicated by written notice to members given before the day
to which the meeting is adjourned) at the same place.
(4) If at the adjourned meeting a quorum is not present within half
an hour after the time appointed for the commencement of the meeting,
the members present (being at least 3) is to constitute a quorum.
14.7 General
Meetings - Presiding member
(1) The Chairperson or, in the Chairperson's absence, the Deputy Chairperson,
is to preside as Chairperson at each general meeting of the association.
(2) If the Chairperson and the Deputy Chairperson are absent or unwilling
to act, the members present must elect one of their number to preside
as Chairperson at the meeting.
14.8 General
Meetings - Adjournment
(1) The Chairperson of a general meeting at which a quorum is present
may, with the consent of the majority of members present at the meeting,
adjourn the meeting from time to time and place to place, but no business
is to be transacted at an adjourned meeting other than the business
left unfinished at the meeting at which the adjournment took place.
(2) If a general meeting is adjourned for 14 days or more, the secretary
must give written or oral notice of the adjourned meeting to each
member of the association stating the place, date and time of the
meeting and the nature of the business to be transacted at the meeting.
(3) Except as provided in clauses (1) and (2), notice of an adjournment
of a general meeting or of the business to be transacted at an adjourned
meeting is not required to be given.
the Chair will determine the voting method to be used needs to be
included to allow for accommodation of voters with disabilities
14.9 General
Meetings - Making of decisions
(1) A question arising at a general meeting of the association is
to be determined by a majority vote. The Chairperson shall determine
the method of voting to allow for accommodation of members with a
disability. A declaration by the Chairperson that a resolution has
been carried or carried unanimously or carried by a particular majority
or lost, or an entry to that effect in the minute book of the association,
is evidence of the fact without proof of the number or proportion
of the votes recorded in favour of or against that resolution.
(2) At a general meeting of the association, a poll may be demanded
by the Chairperson or by at least 3 members present in person or by
proxy at the meeting.
(3) If a poll is demanded at a general meeting, the poll must be taken;
· immediately in the case of a poll which relates to the election
of the Chairperson of the meeting or to the question of an adjournment,
or
· in any other case, in such manner and at such time before
the close of the meeting as the Chairperson directs, and the resolution
of the poll on the matter is taken to be the resolution of the meeting
on that matter.
14.10 General
Meetings - Special resolution
A resolution of the association is a special resolution:
(a) if it is passed by a majority which comprises at least three-quarters
of such members of the association as, being entitled under these
rules so to do, vote in person or by proxy at a general meeting of
which at least 21 days' written notice specifying the intention to
propose the resolution as a special resolution was given in accordance
with these rules, or
(b) where it is made to appear to the Director-General that it is
not practicable for the resolution to be passed in the manner specified
in paragraph (a) if the resolution is passed in a manner specified
by the Director-General.
14.11 General
Meetings - Voting
(1) On any question arising at a general meeting of the association
a member has one vote only.
(2) All votes must be given personally or by proxy but no member may
hold more than 5 proxies.
(3) In the case of an equality of votes on a question at a general
meeting, the Chairperson of the meeting is entitled to exercise a
second or casting vote.
(4) A member or proxy is not entitled to vote at any general meeting
of the association unless all money due and payable by the member
or proxy to the association has been paid, other than the amount of
the annual subscription payable in respect of the then current year.
14.12 General
Meetings - Appointment of proxies
(1) Each member is to be entitled to appoint another member as proxy
by notice given to the secretary no later than 24 hours before the
time of the meeting in respect of which the proxy is appointed.
(2) The notice appointing the proxy is to be in the form set out in
Appendix 2 to these Rules.
15. THE COUNCIL
15.1 General
The business
of the Association shall be managed by a Council that, subject to
any decisions or resolutions made or passed by the General Meeting,
shall have the power to transact any business of the Association.
15.2 Holding
of Council Meetings
The Council shall
meet as often as it considers necessary and in any event on not less
than four (4) occasions between any two consecutive Annual General
Meetings of the Council. In circumstances where the Chairperson or
the Secretary forms the view that a matter is urgent, the Council
may hold a meeting by telephone conference.
15.3 Business
At
The Council shall elect the office bearers for the Association who
shall constitute the Executive of the Association as provided in Rule
16 and shall deal with such other business of the Association as it
deems necessary.
15.4 Membership
(1) There shall
be a maximum of 9 positions on the Association's Council that shall
be elected at the Annual General Meeting:
a. there shall be 3 positions designated for members from the NSW
or ACT university education sector whose position focuses in part
or in full on disability services
b. there shall be 3 positions designated for members from the NSW
or ACT TAFE education sector whose position focuses in part or in
full on disability services ; and
c. there shall be 3 positions designated for members from NSW or ACT
who are Regional Disability Liaison Officers (RDLO's) or Disability
Coordination Officers (DCO's).
(2) The term for election to a position on Council shall be for a
two-year period, provided that at the Inaugural Annual General Meeting,
three of the positions shall be elected for a term of one year. These
three positions shall come from each of the three sectors (University,
TAFE and RDLO/DCO's) identified by the successful candidate who gained
the least votes to one of the three positions in their sector. For
each Council election thereafter, the term for all positions shall
be for a term of two years from the expiry of that position's term.
15.5 Election
of Council members
(1) Nominations of candidates for election as Council members
(a) must be made in writing, by the candidate or by a member nominating
another member as candidate in which case it must be accompanied by
the written consent of the candidate, and
(b) must be delivered to the secretary of the association at least
7 working days before the date fixed for the holding of the annual
general meeting at which the election is to take place.
(2) If insufficient nominations are received to fill all vacancies
on the Council, the candidates nominated are taken to be elected and
further nominations are to be received at the annual general meeting.
(3) If insufficient further nominations are received, any vacant positions
remaining on the Council are taken to be casual vacancies.
(4) If the number of nominations received is equal to the number of
vacancies to be filled, the persons nominated are taken to be elected.
(5) If the number of nominations received exceeds the number of vacancies
to be filled, a ballot is to be held.
(6) The ballot shall be conducted at the annual general meeting by
way of secret ballot using a method determined by the Chairperson
which accommodates the needs of members with a disability.
15.6 Notice
(1) The Secretary
shall cause a notice convening each meeting of the Council and the
agenda for such meeting to be sent to each member of the Council.
Such notice and agenda shall be dispatched no less than seven (7)
days before the day on which the meeting commences.
(2) Notice of a meeting given under clause 15.6(1) must specify the
general nature of the business to be transacted at the meeting and
no business other than that business is to be transacted at the meeting,
except business that the Council members present at the meeting unanimously
agree to treat as urgent business.
(3) No business is to be transacted by the Council unless a quorum
is present and if, within half an hour of the time appointed for the
meeting, a quorum is not present, the meeting is to stand adjourned
to the same place and at the same hour of the same day in the following
week.
(4) If at the adjourned meeting a quorum is not present within half
an hour of the time appointed for the meeting, the meeting is to be
dissolved.
(5) At a meeting of the Council:
(a) the chairperson or, in the chairperson's absence, the Deputy Chairperson
is to preside, or
(b) if the chairperson and the Deputy Chairperson are absent or unwilling
to act, such one of the remaining members of the Council as may be
chosen by the members present at the meeting is to preside.
15.7 Procedure
The quorum for
a meeting of the Council, including a meeting by telephone conference,
shall be a majority of its members.
15.8 Council
- Voting
(1) On any question arising at a Council meeting a member of Council
has one vote only.
(2) All votes must be given personally
(3) In the case of an equality of votes on a question at a Council
meeting, the Chairperson of the meeting is entitled to exercise a
second or casting vote.
16. THE EXECUTIVE
16.1 Powers
of the Executive
(1) The Executive shall meet between Council meetings if it considers
necessary and as often as it considers necessary . In circumstances
where the Chairperson or the Secretary forms the view that a matter
is urgent, the Executive may hold a meeting by telephone conference.
(2) The business
of the Association shall be managed by the Executive between Council
meetings. The Executive shall have the power to transact any business
of the Association, subject to any decisions or resolutions made or
passed by the General Meeting or Council.
16.2 Membership
(1) The executive shall consist of the office bearers of the Association
who shall be members of the Council who are elected by the Council
to be office bearers at the first meeting of the Council following
the Annual General Meeting.
(2) The office-bearers of the association are:
a. The Chairperson
b. The Deputy Chairperson
c. the treasurer, and
d. the secretary
each of who is to be elected for a 2-year term by the Council at the
first Council meeting of the relevant calendar year.
(3) The positions
can be held for a maximum of 4 years provided that:
a. where a person has held a position for four years, that person
may have a further term of two years on the Executive if elected to
a different position on the Executive and
b. the Council may waive the requirements of this Rule where it deems
it necessary.
(4) In the event
of a casual vacancy occurring in the membership of the executive,
the Council may appoint a member of the Council to fill the vacancy
and the member so appointed is to hold office, subject to these rules,
until the conclusion of the original 2 year term.
16.3 Election
of Office bearers
(1) Expressions of interest in becoming an office bearer shall be
called from members of Council at the Annual General Meeting where
such Council members were elected.
(2) The election of the office bearers shall occur at the next Council
meeting that shall be held within two months of the Annual General
Meeting.
(3) While written expressions of interest sent to all Council members
prior to the election meeting of Council are encouraged, the election
shall be open to any candidate from the Council who nominates for
an office bearer position at the Council meeting when the election
is to occur.
(4) If there is only one nomination for an office bearer position,
the candidate nominated is taken to be elected.
(5) If no one nominates for the position it shall remain vacant and
a further election shall occur at the next Council meeting.
(6) If the number of nominations received exceeds the number of vacancies
to be filled, a ballot is to be held.
(7) The ballot shall be conducted at the Council meeting by way of
secret ballot using a method determined by the Chairperson which accommodates
the needs of members with a disability.
16.4 Notice
(1) The Secretary
shall cause a notice convening each meeting of the Executive and the
agenda for such meeting to be sent to each member of the Executive.
Such notice and agenda shall be dispatched no less than seven (7)
days before the day on which the meeting commences, except that an
Executive that is convened under urgency shall be given such notice
as the Secretary or Chairperson deems appropriate. .
(2) Notice of a meeting given under clause 16.4(1) must specify the
general nature of the business to be transacted at the meeting and
no business other than that business is to be transacted at the meeting,
except business that the Council members present at the meeting unanimously
agree to treat as urgent business.
(3) No business is to be transacted by the Council unless a quorum
is present and if, within half an hour of the time appointed for the
meeting, a quorum is not present, the meeting is to stand adjourned
to the same place and at the same hour of the same day in the following
week.
(4) If at the adjourned meeting a quorum is not present within half
an hour of the time appointed for the meeting, the meeting is to be
dissolved.
(5) At a meeting of the Executive:
a. the chairperson or, in the chairperson's absence, the Deputy Chairperson
is to preside, or
b. if the chairperson and the Deputy Chairperson are absent or unwilling
to act, such one of the remaining members of the Executive as may
be chosen by the members present at the meeting is to preside.
16.5 Procedure
The quorum for a meeting of the Executive, including a meeting by
telephone conference, shall be three members.
16.6 Voting
(1) On any question arising at an Executive meeting a member of Executive
has one vote only.
(2) All votes must be given personally
(3) In the case of an equality of votes on a question at an Executive
meeting, the Chairperson of the meeting is entitled to exercise a
second or casting vote.
16.7 Chairperson
(1) The Chairperson shall:
· Be the
spokesperson for the Association.
· Preside
at all meetings of the General Meetings, Council and Executive at
which she or he is present provided that she or he may vacate the
chair or decline to preside if she or he considers such action to
be appropriate in view of the nature of the business before the meeting.
· Manage
the policy development and implementation process of the Association.
· General Meetings, Council and Executive Council and National
Executive meetings, which require her or his signature as the official
head of the Association.
· Ensure
that the Secretary properly calls meetings of the General Meetings,
Council and Executive.
· Ensure
as far as possible that the Rules of the Association are performed
and observed by Officers and members of the Association.
16.8 Deputy Chairperson
(1) The Deputy
Chairperson shall assist the Chairperson as required and shall perform
such duties as the Chairperson may direct from time to time.
(2) The Deputy
Chairperson shall act on behalf of the Chairperson when the Chairperson
is temporarily unavailable for a period of one week or more:
16.9 Secretary
(1) the Secretary of the association must, as soon as practicable
after being appointed as secretary, lodge notice with the association
of his or her address.
(2) It is the duty of the secretary:
a) to keep minutes of:
b) all appointments of office-bearers and members of the Council and
Executive,
c) the names of members of the Council or Executive present at a Council
or Executive meeting or a general meeting, and
d) all proceedings at Council and Executive meetings and general meetings.
e) To arrange and organise the correspondence of the Association
(3) Minutes of proceedings at a meeting must be signed by the Chairperson
of the meeting or by the Chairperson of the next succeeding meeting.
16.10 Treasurer
It is the duty of the treasurer of the association to ensure:
(a) that all money due to the association is collected and received
and that all payments authorised by the association are made,
(b) the financial affairs of the Association are in order;
(c) a financial report is prepared for the General Meeting and
(d) that correct books and accounts are kept showing the financial
affairs of the association, including full details of all receipts
and expenditure connected with the activities of the association.
17 Casual Vacancies
For the purposes
of these rules, a casual vacancy in the office of a member of the
Council or Executive occurs if the member:
· dies, or
· ceases to be a member of the association, or
· becomes an insolvent under administration within the meaning
of the Corporations Act 2001 of the Commonwealth, or
· resigns office by notice in writing given to the secretary,
or
· is removed from office under rule 19, or
· becomes a mentally incapacitated person, or
· is absent without the consent of the Council from all meetings
of the Council held during a period of 6 months.
18 Removal
of member of Council or Executive
(1) The association
in general meeting may by resolution remove any member of the Council
or Executive before the expiration of the member's term of office
and may by resolution appoint another person to hold office until
the expiration of the term of office of the member so removed.
(2) If a member of the Council to whom a proposed resolution referred
to in clause (1) relates makes representations in writing to the secretary
or chairperson (not exceeding a reasonable length) and requests that
the representation be notified to the members of the association,
the secretary or the chairperson may send a copy of the representations
to each member of the association or, if the representations are not
so sent, the member is entitled to require that the representations
be read out at the meeting at which the resolution is considered.
PART 4 MISCELLANEOUS
19 Insurance
The association
may effect and maintain insurance.
20 Funds -
source
(1) The funds
of the association are to be derived from entrance fees and annual
subscriptions of members, donations and, subject to any resolution
passed by the association in general meeting, such other sources as
the Council determines.
(2) All money received by the association must be deposited as soon
as practicable and without deduction to the credit of the association's
bank account.
(3) The association must, as soon as practicable after receiving any
money, issue an appropriate receipt.
21 Funds -
management
(1) Subject to
any resolution passed by the association in general meeting, the funds
of the association are to be used in pursuance of the objects of the
association in such manner as the Council determines.
(2) All cheques, drafts, bills of exchange, promissory notes and other
negotiable instruments must be signed by any 2 members of the Council
or employees of the association, being members or employees authorised
to do so by the Council.
22 Alteration
of objects and rules
The statement
of objects and these rules may be altered, rescinded or added to only
by a special resolution of the association.
23 Common seal
(1) The common
seal of the association must be kept in the custody of the public
officer.
(2) The common seal must not be affixed to any instrument except by
the authority of the Council and the affixing of the common seal must
be attested by the signatures either of 2 members of the Council or
of 1 member of the Council and of the public officer or secretary.
24 Custody
of books
Except as otherwise
provided by these rules, the public officer must keep in his or her
custody or under his or her control all records, books and other documents
relating to the association.
25 Inspection
of books
The records, books
and other documents of the association must be open to inspection,
free of charge, by a member of the association at any reasonable hour.
26 Service
of notices
(1) For the purpose
of these rules, a notice may be served on or given to a person:
(a) by delivering it to the person personally, or
(b) by sending it by pre-paid post to the address of the person, or
(c) by sending it by facsimile transmission or some other form of
electronic transmission to an address specified by the person for
giving or serving the notice.
(2) for the purpose of these rules, a notice is taken, unless the
contrary is proved, to have been given or served:
(a) in the case of a notice given or served personally, on the date
on which it is received by the addressee, and
(b) in the case of a notice sent by pre-paid post, on the date when
it would have been delivered in the ordinary course of post, and
(c) in the case of a notice sent by facsimile transmission or some
other form of electronic transmission, on the date it was sent, or
if the machine from which the transmission was sent produces a report
indicating that the notice was sent on a later date, on that date.
Appendix 1
(Rule 3 (1))
APPLICATION FOR
MEMBERSHIP OF ASSOCIATION
………………………………….
Incorporated (incorporated under the Associations Incorporation Act
1984.
I,…………………………………………………………………………………………
(full name of applicant)
of………………………………………………………………………………………...
(address)
……………………………………………………………….hereby
apply to become a
(occupation)
member of the above named incorporated association. In the event of
my admission as a member, I agree to be bound by the rules of the
association for the time being in force.
………………………………………………….
Signature of applicant
Date…………………………………………….
I,……………………………………………………….
a member for the association,
(full name)
nominate the applicant,
who is personally known to me, for membership of the association.
………………………………………………….
Signature of proposer
Date…………………………………………….
I,……………………………………………………….
a member for the association,
(full name)
second the nomination
of the applicant, who is personally known to me, for membership of
the association.
………………………………………………….
Signature of seconder
Date…………………………………………….
Appendix 2
(Rule 3 (1))
FORM OF APPOINTMENT
OF PROXY
I,………………………………..of
…………………………………………………….
(full name) (address)
being a member
of ……………………………………………………………………...
(name of incorporated association)
hereby appoint
……………………………………
of ……………………………….
(full name of proxy) (address)
being a member of that incorporated association, as my proxy to vote
for me on my behalf at the general meeting of the association (annual
general meeting or special general meeting, as the case may be) to
be held on the
………….day
of…………………..
(month and year)
and at any adjournment
of that meeting.
* My proxy is
authorised to vote in favour of/against (delete as appropriate) the
resolution (insert details).
* to be inserted
if desired.
………………………………………………
Signature of member appointing proxy
Date…………………………………………...
NOTE: A proxy vote may not be given to a person who is not a member
of the association.
DEAN Constitution
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