| 1.
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Name
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The incorporated association is the
GEELONG COMMUNITY FORUM INC. ( in these Rules referred
to as "the Association" ). |
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| 2. |
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Definitions |
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(1) |
In these Rules, unless the contrary
intention appears -
"Act" means the Associations Incorporations Act 1981; "committee"
means the committee of management of the Association
"financial year" means year ending on 30 June;
"general meeting" means a general meeting of members
convened in accordance with Rule 12.
"member" means a member of the Association;
"ordinary member of the committee" means a member
of the committee who is not an officer of the
Association
under Rule 21;
"Regulations" means regulations under the Act;
"relevant documents" has the same meaning as in the
Act. |
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(2) |
In these Rules, a reference to the
Secretary of an Association is a reference -
- if a person holds office under the Rules
as a Secretary of the Association - to that
person; and
- in any other case, to the Public Officer
of the Association
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(3) |
"political representative" means any
person who is an officer within a registered political
party, or is an elected representative (or preselected
candidate for election) to Local Government, State
Parliament or Federal Parliament. |
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| 3. |
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Alteration of the Rules |
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These Rules and the Statement of Purposes
of the Association must not be altered except in accordance
with the Act. |
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| 4. |
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Membership, entry fees and subscription |
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(1) |
A person who applies and is approved
for membership as provided in these Rules is eligible
to be a member of the Association on payment of the
entrance fee and annual subscription payable under
these Rules. |
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(2) |
A person who is not a member
of the Association at the time of incorporation of
the Association (or who was a member at that time
but has ceased to be a member) must not be admitted
to membership unless -
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(a) |
he or she applies for membership
in accordance with sub-Rule (3); and |
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(b) |
the admission as a member is approved
by the committee |
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(3) |
An application of a person for membership
of the Association must -
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(a) |
be made in writing in the form
set out in Appendix 1; |
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(b) |
be lodged with the Secretary
of the Association. |
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(4) |
As soon as practicable after the receipt
of an application, the Secretary must refer the application
to the committee. |
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(5) |
The committee must determine whether
to approve or reject the application. |
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(6) |
If the committee approves the application
for membership, the Secretary must as soon as practicable-
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(a) |
notify the applicant in writing
of the approval for membership; and |
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(b) |
request payment within 28 days
after the receipt of the notification of the
sum payable under these Rules as the entrance
fee and the first year's annual subscription.
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(7) |
The Secretary must, within 28 days after
the receipt of the amounts referred to in sub-Rule
(6), enter the applicant's name in the register of
members. |
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(8) |
An applicant for membership becomes
a member and is entitled to exercise the rights of
the membership when his or her name is entered in
the register of members. |
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(9) |
If the committee rejects an application,
the committee must, as soon as practicable, notify
the applicant in writing that the application has
been rejected. |
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(10) |
A right, privilege, or
obligation of a person by reason of membership of
the Association -
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(a) |
is not capable of being transferred
or transmitted to another person; and |
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(b) |
terminates upon the
cessation of membership whether by death or
resignation or otherwise. |
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(11) |
The entrance fee is the relevant amount
set out in Appendix 4. |
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(12) |
The annual subscription is the relevant
amount set out in Appendix 4 and is payable in advance
on or before 1 July in each year, or such other fee
that may be determined by the committee of management. |
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| 5. |
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Register of members |
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(1) |
The Secretary must keep and maintain
a register of members containing -
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(a) |
the name and address of each
member; and |
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(b) |
the date on which
each member's name was entered in the register. |
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(2) |
The register is available for inspection
free of charge by any member upon request. |
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(3) |
A member may make a copy of entries
in the register. |
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| 6. |
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Ceasing membership |
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(1) |
A member of the Association who has
paid all moneys due and payable by a member to the
Association may resign from the Association by giving
one month's notice in writing to the Secretary of
his or her intention to resign. |
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(2) |
After the expiry of the
period referred to in sub-Rule (1) -
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(a) |
the member ceases to be a member;
and |
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(b) |
the Secretary must
record in the register of members the date on
which the member ceased to be a member. |
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| 7. |
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Discipline, suspension and expulsion
of members |
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(1) |
Subject to these Rules,
if the committee is of the opinion that a member has
refused or neglected to comply with these Rules, or
has been guilty of conduct unbecoming a member or
prejudicial to the interests of the Association, the
committee may by resolution -
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(a) |
fine that member
an amount not exceeding $500; or |
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(b) |
suspend that member
from membership of the Association for a specified
period; or. |
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(c) |
expel that member
from the Association. |
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(2) |
A resolution of the committee
under sub-Rule (1) does not take effect unless-
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(a) |
at a meeting held
in accordance with sub-Rule (3), the committee
confirms the resolution; and |
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(b) |
if the member exercises
a right of appeal to the Association under this
rule, the Association confirms the resolution
in accordance with this rule. |
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(3) |
A meeting of the committee to confirm
or revoke a resolution passed under sub-Rule (1) must
be held not earlier than 14 days, and not later than
28 days, after notice has been given to the member
in accordance with sub-Rule (4). |
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(4) |
For the purposes of giving notice in
accordance with sub-Rule (3), the Secretary must,
as soon as practicable, cause to be given to the member
a written notice-
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(a) |
setting out the resolution
of the committee and the grounds on which it
is based; and |
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(b) |
stating that the
member, or his or her representative, may address
the committee at a meeting to be held not earlier
than 14 days and not later than 28 days after
the notice has been given to that member; and
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(c) |
stating the date,
place and time of that meeting; and |
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(d) |
informing the member
that he or she may do one or both of the following-
(i) attend that
meeting;
(ii) give to the
committee before the date of that meeting
a statement seeking the revocation of the
resolution; |
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(e) |
informing the member
that, if at that meeting, the committee confirms
the resolution, he or she may not later than
48 hours after that meeting, give the Secretary
a notice to the effect that he or she wishes
to appeal to the Association in general meeting
against the resolution. |
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(5) |
At a meeting of the committee to confirm
or revoke a resolution passed under sub-Rule (1),
the committee must-
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(a) |
give the member,
or his or her representative, an opportunity
to be heard; and |
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(b) |
give due consideration
to any written statement submitted by the member;
and |
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(c) |
determine by resolution
whether to confirm or to revoke the resolution. |
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(6) |
If at the meeting of the
committee, the committee confirms the resolution,
the member may, not later than 48 hours after that
meeting, give the Secretary a notice to the effect
that he or she wishes to appeal to the Association
in general meeting against the resolution. |
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(7) |
If the Secretary receives a notice
under sub-Rule (6), he or she must notify the committee
and the committee must convene a general meeting of
the Association to be held within 21 days after the
date on which the Secretary received the notice. |
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(8) |
At a general meeting of the Association
convened under sub-Rule (7) -
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(a) |
no business other
than the question of the appeal may be conducted;
and |
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(b) |
the committee may
place before the meeting details of the grounds
for the resolution and the reasons for the passing
of the resolution; and |
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(c) |
the member, or his
or her representative, must be given an opportunity
to be heard; and |
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(d) |
the members present
must vote by secret ballot on the question whether
the resolution should be confirmed or revoked. |
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(9) |
A resolution is confirmed
if, at the general meeting, not less than two-thirds
of the members vote in person, or by proxy, in favour
of the resolution. In any other case, the resolution
is revoked. |
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| 8. |
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Disputes and mediation |
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(1) |
The grievance procedure
set out in this Rule applies to disputes under these
Rules between -
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(a) |
a member and another
member; or |
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(b) |
a member and the
Association. |
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(2) |
The parties to the dispute must meet
and discuss the matter in dispute, and, if possible,
resolve the dispute within 14 days after the dispute
comes to the attention of all the parties. |
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(3) |
If the parties are unable to resolve
the dispute at the meeting, or if a party fails to
attend that meeting, then the parties must, within
10 days, a hold a meeting in the presence of a mediator. |
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(4) |
The mediator must be-
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(a) |
a person chosen by
agreement between the parties; or |
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(b) |
in the absence of
agreement-
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in the case
of a dispute between a member and another
member, a person appointed by the committee
of the Association; or |
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in the case
of a dispute between a member and the
Association, a person who is a mediator
appointed of employed by the Dispute Settlement
Centre of Victoria (Department of Justice).
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(5) |
A member of the Association can be a
mediator. |
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(6) |
The mediator cannot be a member who
is a party to the dispute. |
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(7) |
The parties to the dispute must, in
good faith, attempt to settle the dispute by mediation. |
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(8) |
The mediator, in conducting
the mediation, must-
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(a) |
give the parties to the mediation
process every opportunity to be heard; and |
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(b) |
allow due consideration
by all parties of any written statement submitted
by any party; and |
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(c) |
ensure that natural
justice is accorded to the parties to the dispute
throughout the mediation process. |
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(9) |
The mediator must not determine the
dispute. |
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(10) |
If the mediation process does not result
in the dispute being resolved, the parties may seek
to resolve the dispute in accordance with the Act
otherwise at law. |
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| 9. |
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Annual general meetings |
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(1) |
The committee may determine the date,
time and place of the annual general meeting of the
Association. |
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(2) |
The notice convening the annual general
meeting must specify that the meeting is an annual
general meeting. |
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(3) |
The ordinary business of the annual
general meeting shall be -
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(a) |
to confirm the minutes of the
previous annual general meeting and of any general
meeting held since that meeting; and |
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(b) |
to receive from the
committee reports upon the transactions of the
Association during the last preceding financial
year; and |
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(c) |
to elect officers
of the Association and the ordinary members
of the committee; and |
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(d) |
to receive and consider
the statement submitted by the Association in
accordance with Section 30(3) of the Act. |
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(4) |
The annual general meeting may conduct
any special business of which notice has been given
in accordance with these Rules. |
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| 10. |
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Special general meetings |
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(1) |
In addition to the annual general meeting,
any other general meeting may be held in the same
year. |
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(2) |
All general meetings other than the
annual general meeting are special general meetings. |
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(3) |
The committee may, whenever it thinks
fit, convene a special general meeting of the Association. |
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(4) |
If, but for this sub-Rule, more than
15 months would elapse between annual general meetings,
the committee must convene a special general meeting
before the expiration of that period. |
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(5) |
The committee must, on the request in
writing of the members representing not less than
5 per cent of the total members, convene a special
meeting of the Association. |
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(6) |
The request for a special
general meeting must -
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(a) |
state the objects of the meeting;
and |
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(b) |
be signed by the
members requesting the meeting; and |
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(c) |
be sent to the address
of the Secretary. |
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(7) |
If the committee does not cause a special
general meeting to be held within one month after
the date on which the request is sent to the address
of the Secretary, the members making the request,
or any of them, may convene a special general meeting
to be held not later than 3 months after that date. |
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(8) |
If a special general meeting is convened
by members in accordance with this Rule, it must be
convened by the committee and all reasonable expenses
incurred in convening the special general meeting
must be refunded by the Association to the persons
incurring the expenses. |
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| 11. |
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Special business |
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All business that is conducted at a
special general meeting and all business that is conducted
at the annual general meeting, except for business
conducted under the Rules as ordinary business of
the annual general meeting, is deemed to be special
business. |
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| 12. |
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Notice of general meetings |
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(1) |
The Secretary of the Association, at
least 14 days, or if a special resolution has been
proposed at least 21 days, before the date fixed for
holding a general meeting of the Association, must
cause to be sent to each member of the Association,
a notice stating the place, date and time of the meeting
and the nature of the business to be conducted at
the meeting. |
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(2) |
Notice may be sent-
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(a) |
by prepaid post to the address
appearing in the register of members; or |
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(b) |
if the member requests,
by facsimile transmission or electronic transmission.
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(3) |
No business other than that set out
in the notice convening the meeting may be conducted
at the meeting. |
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(4) |
A member intending to bring any business
before a meeting may notify in writing, or by electronic
transmission, the Secretary of that business, who
must include that business in the notice calling the
next general meeting. |
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| 13. |
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Quorum at general meetings |
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(1) |
No item of business may be conducted
at a general meeting unless a quorum of members entitled
under these Rules to vote is present at the time when
the meeting is considered that item. |
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(2) |
5 members personally present (being
members entitled under these Rules to vote at a general
meeting) constitute a quorum for the conduct of the
business of a general meeting. |
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(3) |
If, within half an hour after the appointment
time for the commencement of the general meeting,
a quorum is not present-
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(i) |
in the case of a meeting convened
upon the request of members - the meeting must
be dissolved; and |
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(ii) |
in any other case
- the meeting shall stand adjourned to the same
day in the next week at the same time and (unless
another place is specified by the Chairperson
at the time of the adjournment or by written
notice to members given before the day to which
the meeting is adjourned) at the same place.
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| 14. |
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Presiding at general meetings |
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(1) |
The President, or in the President's
absence, the Vice-President, shall preside as Chairperson
at each general meeting of the Association. |
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(2) |
If the President and the Vice-President
are absent from a general meeting, or are unable to
preside, the members present must select one of their
number to preside as Chairperson. |
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| 15. |
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Adjournment of meetings |
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(1) |
The person presiding may, with the consent
of a majority of members present at the meeting, adjourn
the meeting from time to time and place to place.
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(2) |
No business may be conducted at an adjourned
meeting other than the unfinished business from the
meeting that was adjourned. |
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(3) |
If a meeting is adjourned for 14 days
or more, notice of the adjourned meeting must be given
in accordance with Rule 12. |
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(4) |
Except as provided in sub-Rule (13),
it is not necessary to give notice of an adjournment
or of the business to be conducted at an adjourned
meeting. |
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| 16. |
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Voting at general meetings |
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(1) |
Upon any question arising at a general
meeting of the Association, a member has one vote
only. |
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(2) |
All votes must be given personally or
by proxy. |
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(3) |
In the case of an equality of voting
on a question, the Chairperson of the meeting is entitled
to exercise a second or casting vote. |
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(4) |
A member is not entitled to vote at
a general meeting unless all moneys due and payable
by the members to the Association have been paid,
other than the amount of the annual subscription payable
in respect of the current financial year. |
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| 17. |
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Poll at general meetings |
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(1) |
If at a meeting a poll on any question
is demanded by not less than 5 members, it must be
taken at that meeting in such a manner as the Chairperson
may direct and the resolution of the poll shall be
deemed to be a resolution of the meeting on that question.
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(2) |
A poll that is demanded on the election
of a Chairperson or on a question of an adjournment
must be taken immediately and a poll that is demanded
on any other question must be taken at such a time
before the close of the meeting as the Chairperson
may direct. |
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| 18. |
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Manner of determining whether resolution
carried |
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If a question at a general
meeting of the Association is determined on a show
of hands- |
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(a) |
a declaration by the Chairperson
that a resolution has been -
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(i) |
carried; or |
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(ii) |
carried unanimously;
or |
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(iii) |
carried by a particular
majority; or |
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(iv) |
lost; and |
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(b) |
an entry to that effect in the minute
book of the Association- |
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is evidence of the fact, without proof
of the number or proportion of the votes recorded
in favour of, or against, that resolution. |
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| 19. |
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Proxies |
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(1) |
Each member is 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. |
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(2) |
The notice appointing the
proxy must be -
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(a) |
for a meeting of
the Association convened under Rule 7(7), in
the form set out in Appendix 2; or |
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(b) |
in any other case,
in the form set out in Appendix 3. |
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| 20. |
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Committee of Management |
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(1) |
The affairs of the Association shall
be managed by the committee of management. |
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(2) |
The committee-
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(a) |
shall control and
manage the business and affairs of the Association;
and |
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(b) |
may, subject to the
Rules, the Act and the Regulations, exercise
all such powers and functions as may be exercised
by the Association other than those powers and
functions that are required by these Rules to
be exercised by general meetings of the members
of the Association; and |
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(c) |
subject to these Rules,
the Act and the Regulations, has power to perform
all such acts and things as appear to the committee
to be essential for the proper management of
the business and the affairs of the Association.
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(3) |
Subject to Section 23 of
the Act, the committee shall consist of-
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(a) |
the officers of the
Association; and |
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5 ordinary members
each of whom shall be elected at the annual
general meeting of the Association in each
year.
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| 21. |
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Office holders |
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(1) |
The officers of the Association
shall be -
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(a) |
a President; |
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(b) |
a Vice-President;
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(c) |
a Treasurer; and |
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(d) |
a Secretary. |
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(2) |
The provision of Rule 23, so far as
they are applicable and with the necessary modifications,
apply to and in relation to the election of persons
to any other offices referred to in sub-Rule (1) |
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(3) |
Each officer of the Association shall
hold office until the annual general meeting next
after the date of his of her election but is eligible
for re-election. |
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(4) |
In the event of a casual vacancy in
any office referred to in sub-Rule (1), the committee
may appoint one of its members to the vacant office
and the member appointed may continue in office up
to and including the conclusion of the annual general
meeting next following the date of the appointment. |
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(5) |
A member who is a political representative
is ineligible for election as an officer of the association. |
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(6) |
Any member who becomes a political representative
must stand down as an officer of the association,
but may remain on the committee. |
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(7) |
Nomination and election to the committee
is only open to individuals who are living, or who
have lived, within a 60km radius of the Geelong Post
Office. |
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| 22. |
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Ordinary members of the committee |
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(1) |
Subject to these Rules, each ordinary
member of the committee shall hold office until the
annual general meeting next after the date of election
but is eligible for re-election. |
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(2) |
In the event of a casual vacancy occurring
in the office of an ordinary member of the committee,
the committee may appoint a member of the Association
to fill the vacancy and the member appointed shall
hold office, subject to these Rules, until the conclusion
of the annual general meeting next following the date
of the appointment. |
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| 23. |
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Election of officers and ordinary
committee members |
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(1) |
(1) Nominations of candidates
for election of officers of the Association or as
ordinary members of the committee must be -
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(a) |
made in writing in
the form set out on Appendix 5, signed by two
members of the Association and accompanied by
the written consent of the candidate; and |
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(b) |
delivered to the Secretary of the Association
not less than 7 days before the date fixed
for the holding of the annual general meeting.
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(2) |
A candidate may only be nominated for
one office, or as an ordinary member of the committee,
prior to the annual general meeting. |
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(3) |
If insufficient nominations are received
to fill all the vacancies on the committee, the candidates
nominated shall be deemed to be elected and further
nominations may be received at the annual general
meeting. |
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(4) |
If the number of nominations received
is equal to the number of vacancies to be filled,
the persons nominated shall be deemed to be elected. |
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(5) |
If the number of nominations exceeds
the number of vacancies to be filled, a ballot must
be held. |
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(6) |
The ballot for election of officers
and ordinary members of the committee must be conducted
at the annual general meeting in such a manner as
the committee may direct. |
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| 24. |
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Vacancies |
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The office of an officer of the Association,
or of an ordinary member of the committee, becomes
vacant if the officer or member -
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(a) |
ceases to be a member of the
Association; or |
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(b) |
becomes an insolvent under administration
within the meaning of the Corporations Law;
or
|
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(c) |
resigns from the office by notice
in writing given to the Secretary. |
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| 25. |
|
Meeting of the committee |
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(1) |
The committee must meet at least 3 times
in each year at such place and such times as the committee
may determine. |
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(2) |
Special meetings of the committee may
be convened by the President or by any 3 members of
the committee. |
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(3) |
Meetings of the committee are open to
non-voting observers from the general membership. |
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(4) |
The committee may invite non-members
to committee meetings to act in a non-voting advisory
capacity. |
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(5) |
The committee may form working groups
for specialised tasks, providing at least 1 committee
member is present at these groups. |
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| 26. |
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Notice of committee meetings |
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(1) |
Written notice of each committee meeting
must be given to each member of the committee at least
2 business days before the date of the meeting. |
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(2) |
Written notice must be given to members
of the committee of any special meeting specifying
the general nature of the business to be conducted
and no other business may be conducted at such a meeting. |
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| 27. |
|
Quorum for committee meetings |
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(1) |
Any 5 members of the committee constitute
a quorum for the conduct of the business of a meeting
of the committee. |
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(2) |
No business may be conducted unless
a quorum is present. |
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(3) |
If within half an hour
of the time appointed for the meeting a quorum is
not present-
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(i) |
in the case of a special meeting
- the meeting lapses; |
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(ii) |
in any other case - the meeting shall stand
adjourned to the same place and time and day
in the following week.
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(4) |
The committee may act notwithstanding
any vacancy on the committee. |
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| 28. |
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Presiding at committee meetings |
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At meetings of the committee-
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(a) |
the President or, in the President's
absence, the Vice-President presides; or |
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(b) |
if the President and the Vice-President are
absent, or are unable to preside, the members
present must choose one of their number to
preside.
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| 29. |
|
Voting at committee meetings |
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(1) |
Questions arising at a meeting of the
committee, or at a meeting of any sub-committee appointed
by the committee, shall be determined on a show of
hands or, if a member requests, by a poll taken in
such a manner as the person at that meeting may determine. |
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(2) |
Each member present at a meeting of
the committee, or at a meeting of any sub-committee
appointed by the committee (including the person presiding
at the meeting), is entitled to one vote and, in the
event of an equality of votes on any question, the
person presiding may exercise a second or casting
vote. |
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| 30. |
|
Removal of committee member |
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(1) |
The Association in general meeting may,
by resolution, remove any member of the committee
before the expiration of the member's term of office
and appoint another member in his or her place to
hold office until the expiration of the term of the
first-mentioned member. |
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(2) |
A member who is the subject of a proposed
resolution referred to in sub-Rule (1) may make representations
in writing to the Secretary or President of the Association
(not exceeding a reasonable length) and may request
that the representations be provided to the members
of the Association. |
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(3) |
The Secretary or the President may give
a copy of the representations to each member of the
Association or, if they are not so given, the member
may require that they be read out at the meeting. |
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|
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| 31. |
|
Minutes of meetings |
| |
|
The Secretary of the Association must
keep minutes of the resolutions and proceedings of
each general meeting, and each committee meeting,
together with a record of the names of persons present
at committee meetings. |
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| 32. |
|
Funds |
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|
(1) |
(1) The Treasurer of the Association
must -
| |
(a) |
collect and receive all moneys
due to the Association and make all payments
authorised by the Association; and |
| |
(b) |
keep correct accounts and books showing the
financial affairs of the Association with
the full details of all receipts and expenditure
connected with the activities of the Association.
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(2) |
All cheques, drafts, bills of exchange,
promissory notes and other negotiable instruments
must be signed by two members of the committee. |
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(3) |
The funds of the Association shall be
derived from entrance fees, annual subscriptions,
donations and such other sources as the committee
determines. |
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| 33. |
|
Seal |
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(1) |
The common seal of the Association must
be kept in the custody of the Secretary. |
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(2) |
The common seal must not be affixed
to any instrument except by the authority of the committee
and the affixing of the common seal must be attested
by the signatures either of two members of the committee
or, of one member of the committee and the public
officer of the Association. |
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| 34. |
|
Notice to members |
| |
|
(1) |
Except for the requirement in Rule 12,
any notice that is required to be given to a member,
by or on behalf of the Association, under these Rules
may be given by -
| |
(a) |
delivering the notice
to the member personally; or |
| |
(b) |
sending it by prepaid post addressed to the
member at that member's address shown in the
register of members; or
|
| |
(c) |
facsimile transmission, if the
member has requested that the notice be given
to him or her in this manner; or |
| |
(d) |
electronic transmission, if the
member has requested that the notice be given
to him or her in this manner. |
|
| . |
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| 35. |
|
Winding up |
| |
|
In the event of the winding up or the
cancellation of the incorporation of the Association
-
| |
(a) |
the assets of the
Association must be disposed of in accordance
with the provisions of the Act; and |
| |
(b) |
the amount which remains after the satisfaction
of all debts and liabilities shall be transferred
to any organisation which has similar objectives
and which is approved by the Commissioner
of Taxation for the purposes of subsection
78(4) of the Income Tax Assessment Act 1936.
|
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| 36. |
|
Custody and inspection of books and
records |
| |
|
(1) |
Except as otherwise provided in these
Rules, the Secretary must keep in his or her custody
or under his or her control all books, documents and
securities of the Association. |
| |
|
|
|
| |
|
(2) |
All accounts, books, securities and
any other relevant documents of the Association must
be available for inspection free of charge by any
member upon request. |
| |
|
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|
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|
(3) |
A member may make a copy of any accounts,
books, securities and any other relevant documents
of the Association. |
| |
|
|
|
| 37. |
|
Public Relations |
| |
|
(1) |
The committee may appoint a convenor
for any public forum or similar activity who shall
be a member who is not a political representative. |
| |
|
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|
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|
(2) |
The committee may appoint a media spokesperson/s
for any public activities of the association who shall
be a committee member who is not a political representative. |
| |
|
|
|
| |
|
(3) |
Written statements made in the name
of the association and intended for publication must
-
| |
(a) |
be approved by at
least 3 members of the committee; and |
| |
(b) |
be signed or co-signed by at least one officer
of the association; and
|
| |
(c) |
not be signed by any member who
is a political representative; and |
| |
(d) |
display the incorporation number
of the association. |
|
| |
|
(4) |
Literature or membership forms belonging
to another organisation may be distributed at a meeting
of the association, or public forum convened by the
association, only with the approval of at least 1
officer of the association and 2 members of the committee
who are not political representatives. |
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