council of sikh and punjabi organisations of victoria inc. rules of association

8/8/2019 Council of Sikh and Punjabi Organisations of Victoria Inc. Rules of Association

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Rules of Association



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(4) Honorary Life Membership of the Council may be awarded, by the Executive, to

any individual within the community who has a special connection to the Council.

5. Applications for membership

(1) Any application for membership of the Council must:

(a) be made formally in writing, or on an approved membership form; and(b) be lodged with the Secretary of the Council.

(2) As soon as practicable after the receipt of an application, the Secretary must

refer the application to the Executive.

(3) The Executive must determine whether to approve or reject the application.

(4) If the Executive approves an application, the Secretary must, as soon as

practicable:

(a) notify the applicant, in writing, of the approval for membership;

(b) enter the applicant’s name in the register of members.

(5) Any applicant for membership becomes a member, and is entitled to exercise the

rights of membership when its name is entered in the register of members.

(6) If the Executive rejects an application the Secretary must, as soon as practicable,

notify the applicant in writing that the application has been rejected.

(7) Unless otherwise stated in these Rules, a right, privilege or obligation of a person

by reason of membership of the Council:

(a) is not capable of being transferred or transmitted to another organisation;

and

(b) terminates upon the cessation of membership whether by resignation, by

the winding up of the member organisation or otherwise.

(c) in the case of an Supporting Member of Honorary Life Member,

terminates upon the cessation of membership whether by death,

resignation or otherwise.(8) The Executive has the power to set any membership fee or renewal process it

may deem as suitable. If the member does not fulfil requirements for the

membership fee or renewal process in the time provided, membership will cease.

(9) Any decision made by the Executive under sub-rule (8) may be questioned and

changed by the members at a following AGM.

6. Register of members

(1) The Secretary must keep and maintain a register of members containing:

(a) the name and address of each member; and

(b) the date on which each Member’s name was entered in the register.

(2) In the register of members, the Secretary must also keep a record of how many

members each of the Full Member and Pending Member organisations have; this

figure shall be updated at least yearly.

7. Ceasing Membership



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(1) A member of the Council may resign from the Council by giving one month’s

notice in writing to the Secretary of his or her intention to resign.

(2) After the expiry of the period referred to in sub-rule (1):

(a) the member ceases to be a member; and

(b) the Secretary must record in the register of Members the date on which

the Member ceased to be a Member.

8. Discipline, Suspension and Expulsion of Members

(1) Subject to these Rules, if the Executive 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 Council, the Executive

may, by resolution:

(a) suspend that member from membership of the Council for a specified

period; or

(b) expel that member from the Council.

(2) A resolution of the Executive under sub-rule (1) does not take effect unless:

(a) at a meeting held in accordance with sub-rule (3), the Executive confirms

the resolution; and

(b) if the member exercises a right of appeal to the Council under this Rule,

the Council confirms the resolution in accordance with this Rule.

(3) A meeting of the Executive 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).

(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:

(a) setting out the resolution of the Executive and the grounds on which it is

based; and(b) stating that the member, or his or her representative, may address the

Executive 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

(c) stating the date, place and time of that meeting; and

(d) informing the member that he or she may do one or both of the following

(i) attend that meeting;

(ii) give to the Executive before the date of that meeting a written

statement seeking the revocation of the resolution;

(e) informing the member that, if at that meeting, the Executive 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

Council in General Meeting against the resolution.

(5) At a meeting of the Executive to confirm or revoke a resolution passed under

sub-rule (1), the Executive must:

(a) give the member or his or her representative, an opportunity to be heard;



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(b) give due consideration to any written statement submitted by the member;

and

(c) determine by resolution whether to confirm or to revoke the resolution.

(6) If at the meeting of the Executive, the Executive 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 Council in GeneralMeeting against the resolution.

(7) If the Secretary receives a notice under sub-rule (6), he or she must notify the

Executive and the Executive must convene a General Meeting of the Council to

be held within 21 days after the date on which the Secretary received the notice.

(8) At a General Meeting of the Council convened under sub-rule (7):

(a) no business other than the question of the appeal may be conducted; and

(b) the Executive may place before the meeting details of the grounds for the

resolution and reasons for the passing of the resolution; and

(c) the member, or his or her representative must be given an opportunity to

be heard; and

(d) the members present must vote by secret ballot on the question of

whether the resolution should be confirmed or revoked

(9) A resolution is confirmed if, at the General Meeting, not less than two thirds of the

members vote in favour of the resolution. In any other case, the resolution is

revoked.

9. Disputes and mediation

(1) The grievance procedure set out in this Rule applies to disputes under these

Rules between:

(a) a member and another member; or

(b) a member and the Council.(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 of the parties.

(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, hold a meeting in the

presence of a mediator.

(4) The mediator must be:

(a) a person chosen by agreement between the parties; or

(b) in the absence of agreement:

(i) in the case of a dispute between a member and another member,

a person appointed by the Executive of the Council; or

(ii) in the case of a dispute between a member and the Council, a

person who is a mediator appointed or employed by the Dispute

Settlement Centre of Victoria (Department of Justice).

(5) A delegate of a Full Member or Pending Member, or an Supporting or Honorary

Life Member of the Council may be a mediator.



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(6) The mediator cannot be a member who is a party to the dispute.

(7) The parties to the dispute must, in good faith, attempt to settle the dispute by

mediation.

(8) The mediator, in conducting the mediation, must:

(a) give the parties to the mediation process every opportunity to be heard;

(b) allow due consideration by all parties of any written statement submittedby any party; and

(c) ensure that natural Justice is accorded to the parties to the dispute

throughout the mediation process.

(9) The mediator must not determine the dispute.

(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.

10. Annual General Meetings

(1) The Executive may determine the date, time and place of the Annual General

Meeting of the Council.

(2) The notice convening the Annual General Meeting must specify that the meeting

is an Annual General Meeting.

(3) The ordinary business of the Annual General Meeting shall be:

(a) to confirm the minutes of the previous Annual General Meeting and of any

General Meeting held since that meeting;

(b) to receive from the Executive reports upon the transactions of the Council

during the last preceding Financial Year;

(c) to elect members of the Executive of the Council

(d) to receive and consider the statement submitted by the Council in

accordance with section 30 (3) of the Act.

(4) The Annual General Meeting may conduct any special business of which noticehas been given in accordance with these Rules.

11. Special General Meetings

(1) In addition to the Annual General Meeting, any other General Meeting may be

held in the same year.

(2) Special General Meetings are General Meetings, other than the Annual General

Meeting.

(3) The Executive may, whenever it thinks fit, convene a Special General Meeting of

the Council.

(4) If, but for this sub-rule, more than 15 months would elapse between Annual

General Meetings the Executive must convene a Special General Meeting before

the expiration of that period.

(5) The Executive must, on the request in writing of Full Members, convene a

Special General Meeting of the Council. This request must be made by number

of 5% (not being less than 5) of the total Full Members of the Council.

(6) The request for a Special General Meeting must:



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(a) state the objectives of the meeting; and

(b) be duly executed by the Full Members requesting the meeting; and

(c) be sent to the address of the Secretary.

(7) If the Executive 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 Full Members making the request, or any of them, may convene a SpecialGeneral Meeting to be held not later than 3 months after that date.

(8) If a Special General Meeting is convened by members in accordance with this

Rule:

(a) it must be convened in the same manner so far as possible as a meeting

convened by the Executive;

(b) all reasonable expenses incurred in convening the Special General

Meeting must be refunded by the Council to the members incurring the

expenses; and

(c) the amount to be refunded to any members collectively under sub-rule (8)

shall be no more than $1,000.

12. Special business

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.

13. Notice of General Meetings

(1) The Secretary of the Council must send a notice to each member of the Council

stating the place, date and time of the meeting and also the nature of the

business to be conducted at the meeting, at least 14 days, or if a specialresolution has been proposed at least 21 days, before the date of the General

Meeting.

(2) Notice may:

(a) be posted to the address appearing in the register of members; or

(b) if the member allows, be sent by facsimile transmission or other electronic

transmission.

(3) No business other than that set out in the notice convening the General Meeting

may be conducted at the General Meeting.

(4) A member intending to bring any business before a General Meeting may notify

in writing, or by electronic transmission, the Secretary of the business, who must

include that business in the notice calling the next General Meeting. Such notice

shall be sent to the Secretary prior to the notice convening the General Meeting

being sent to the members in accordance with sub-rule (1). Any business

brought forward in a notice which is late shall be tabled at the following General

Meeting.



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14. Voting Delegates for General Meetings

(1) A Voting Delegate is any person who has been chosen by a Full Member to

represent it at any General Meeting of the Council.

(2) A Voting Delegate must hold current membership of the Full Member

organisation he/she has been chosen to represent.

(3) A Voting Delegate must not represent more than one Full Member organisationat a General Meeting of the Council.

(4) Each Full Member must send a list of names and registered addresses of all

Voting Delegates who will be representing the member organisation at the

General Meeting no later than 7 days prior to the day of the General Meeting.

(5) It is mandatory that Full Members chose any current members of the Executive

which they have successfully nominated for election for the current term as their

Voting Delegates.

(6) Full Members shall be entitled to the following number of Voting Delegates:

(a) an organisation with 20 to 50 members shall be entitled to 1 Voting

Delegate;

(b) an organisation with 51 to 100 members shall be entitled to 2 Voting

Delegates;

(c) an organisation with 101 to 250 members shall be entitled to 3 Voting

Delegates;

(d) an organisation with 251 to 500 members shall be entitled to 4 Voting

Delegates; and

(e) an organisation with more than 500 members shall be entitled to 5 Voting

Delegates.

15. Quorum at General Meetings

(1) No item of business may be conducted at a General Meeting unless a quorum ofVoting Delegates entitled under these Rules to vote is present at the time when

the meeting is considering that item.

(2) 5% of the total Voting Delegates of the Full Members of the Council (repnot being

less than 10) being personally present constitute a quorum for the conduct of the

business of a General Meeting.

(3) If, within half an hour after the appointment time for the commencement of a

General Meeting, a quorum is not present:

(a) in the case of a meeting convened upon the request of Full Members: the

meeting must be dissolved; and

(b) 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 Presiding Member 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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(4) If, at the adjourned meeting the quorum is not present within half an hour after

the time appointed for the commencement of the meeting, the Voting Delegates

present (being not less than 7) shall be a quorum.

16. Presiding at General Meetings

(1) The President of the Council, or in the President’s absence, the Vice-President,shall preside as Presiding Member at each General Meeting of the Council.

(2) If the President and the Vice-President are absent from a General Meeting, or

are unable to preside, the Voting Delegates present must select one of their

number to preside as Presiding Member of that General Meeting.

17. Adjournment of General Meetings

(1) The Presiding Member may, with the consent of a majority of Voting Delegates

present at the meeting, adjourn the meeting from time to time and place to place.

(2) No business may be conducted at an adjourned General Meeting other than the

unfinished business from the General Meeting that was adjourned.

(3) If a General Meeting is adjourned for 14 days or more, notice of the adjourned

meeting must be given in accordance with Rule 13.

(4) If a General Meeting is adjourned for 14 days or more and notice is reissues in

accordance with sub-rule (3) Full Members must re-choose Voting Delegates in

accordance with Rule 14.

(5) Except as provided in sub-rules (3) and (4), it is not necessary to give notice of

an adjournment or of the business to be conducted at an adjourned meeting.

18. Voting at General Meetings

(1) Upon any question arising at a General Meeting of the Council, only Voting

Delegates shall be entitled to vote.(2) All votes must be given personally by Voting Delegates.

(3) In the case of an equality of voting on a question, the Presiding Member of the

General Meeting is entitled to exercise a second or casting vote.

(4) Each Voting Delegate shall be entitled to 1 vote only, giving Full Members the

following number of votes:

(a) an organisation with 20 to 50 members shall be entitled to 1 vote;

(b) an organisation with 51 to 100 members shall be entitled to 2 votes;

(c) an organisation with 101 to 250 members shall be entitled to 3 votes;

(d) an organisation with 251 to 500 members shall be entitled to 4 votes; and

(e) an organisation with more than 500 members shall be entitled to 5 votes.

19. Poll at General Meetings

(1) If at a General Meeting, a poll on any question is demanded by at least 3 Voting

Delegates, it must be taken at that General Meeting.



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(2) The poll will be taken in such a manner as the Presiding Member may direct and

the resolution of the poll shall be deemed to be a resolution of the meeting on

that question.

(3) A poll that is demanded on the election of a Presiding Member or on a question

of an adjournment must be taken immediately, whereas a poll that is demanded

on any other question may be taken at any time before the close of the meeting.(4) In the event that the poll is to be conducted by secret ballot the Presiding

Member may adjourn the General Meeting pursuant to with rule 17 in order to

make preparations for the secret ballot.

20. Manner of determining whether resolution is carried

If a question arising at a General Meeting of the Council is determined on a show of

hands:

(a) a declaration by the Presiding Member that a resolution has been:

(i) carried; or

(ii) carried unanimously; or

(iii) carried by a particular majority; or

(iv) lost; and

(b) an entry to that effect in the minute book of the Council is evidence of the

fact, without proof of the number or proportion of the votes recorded in

favour of, or against, that resolution.

(c) an entry to that effect in the minute book of the Council is also evidence of

the fact, with proof of the number or proportion of the votes recorded in

favour of, or against, that resolution.

21. Proxies

Full Members may only choose Voting Delegates in accordance with Rule 14 who mustbe present at General Meetings personally. The right to vote as a Voting Delegate is not

transferable and proxies are not permitted.

22. The Executive

(1) The affairs of the Council shall be managed by the Executive.

(2) The Executive:

(a) shall control and manage the business and affairs of the Council;

(b) may, subject to these Rules, the Act and the Regulations, exercise all

such powers and functions as may be exercised by the Council other than

those powers and functions that are required by these Rules to be

exercised by General Meetings of the Council;

(c) subject to these Rules, the Act and the Regulations, has power to perform

all such acts and things as appear to the Executive to be essential for the

proper management of the business and affairs of the Council;



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(d) can form Working Groups that will provide minutes to and report to

Executive. The Working Groups shall consist of members,

representatives of members and other persons as the Executive thinks fit.

(e) such Working Groups shall conform to any regulation that may be

imposed by the Executive. The Working Groups shall have the power to

co-opt any members, representatives of members and other persons asallowed by the Executive.

(3) The Executive shall consist of:

(a) the Officers of the Council;

(b) 5 general members of the Executive, each of whom shall be elected at

the Annual General Meeting of the Council every 2 years; and

(c) any number of members of any Working Groups who may be co-opted by

the Executive (“Associates”);

(4) The Officers of the Council and the general members of the Executive shall be

referred to as Executives or Executives of the Council in these Rules.

(5) The members of the Executive who are co-opted from Working Groups pursuant

to sub-rule (3)(c) shall be referred to as Associates or Associates of the Council

in these Rules.

(6) Voting Members of the Executive include both Executives of the Council and

Associates of the Council and they shall have voting rights in meetings of the

Executive as provided in Rule 33.

(7) Executives of the Council cannot hold one office for more than 2 Terms

consecutively however they can be nominated and successfully elected for a

different position.

(8) Paid staff members are not eligible for membership of Executive, but can still

attend meetings as staff to provide reports and advice if the Executive so

chooses.(9) No more than 2 members of an immediate family may hold membership of the

Executive at any one time, either as Executives or Associates.

23. Presiding at Executive meetings

(1) The member presiding at Executive meetings shall be referred to as the

Chairman in these Rules.

(1) The President of the Council must be the Chairman at all Executive meetings,

subject to sub-rule (3).

(2) If the President of the Council is absent, the Vice-President, or another one of the

Executives who is chosen by the rest of the Executives must be the Chairman of

the Executive meeting.

24. Officers of the Council

(1) The Officers of the Council shall be:

(a) a President;

(b) a Vice-President;



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(c) a Secretary; and

(d) a Treasurer.

(2) The provisions of Rule 28, so far as they are applicable and with the necessary

modifications, apply to the election of persons to any office referred to in sub-rule

(1).

(3) Each Officer of the Council shall hold office for 1 Term until the second AnnualGeneral Meeting after the date of his or her election, but is eligible for re-election.

(4) In the event of a casual vacancy in any office referred to in sub-rule (1), the

Executive may appoint one of its Executives to the vacant office and the person

appointed may continue in office for the full Term which the original Officer of the

Council was elected for.

25. Executives of the Council

(1) Subject to these Rules, each of the Executives of the Council shall hold office for

1 Term until the second Annual General Meeting next after the date of election

but is eligible for re-election.

(2) In the event of a casual vacancy occurring in the office of a member of the

Executive, the Executive may, pursuant to sub-rule (3), appoint a Representative

of a Full Member of the Council to fill the vacancy and the person appointed may

continue in office for the full Term which the original member of the Executive

was elected for.

(3) In the case of such a vacancy, the Executive shall notify its Full Members of the

vacancy and allow a minimum of 14 days for any Full Member to appoint a

Representative to be chosen to be appointed to the Executive to fill the vacancy.

26. Associates of the Council

(1) Associates of the Council, or Associates, are any members of the Executive whoare co-opted from Working Groups pursuant to Rule 22(3)(c).

(2) Subject to these Rules, each of the Associates of the Council shall hold office for

the period specified by the Executive when they are co-opted or until the

Executives of the Council vote to end their term.

(3) In the event of a casual vacancy occurring in the office of an Associate of the

Council, the Executive may, if it chooses, appoint another member of the same

Working Group to fill the vacancy and the person appointed may continue in

office for as long as the Executive chooses.

28. Election of Executives of the Council

(1) Nominations of candidates as Executives of the Council must be:

(a) made in writing,

(b) duly executed by 2 current Full Members of the Council and accompanied

by the written consent of the candidate (which may be endorsed on the

form of nomination); and



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(c) delivered to the Secretary of the Council at least 5 days prior to the date

of the Annual General Meeting.

(2) Candidates for Executives of the Council must be Voting Delegates pursuant to

Rule 14.

(3) Candidates are permitted to apply for only 1 position of the Executive.

(4) A total of 9 Executives shall be elected at the Annual general Meeting, 4 of whichwill eventually be elected by the newly elected Executive to be the Officers of the

Council in accordance with Rule 28.

(5) If insufficient nominations are received to fill all vacancies on the Executive the

candidates nominated shall be deemed to be elected and further nominations

may be received at the Annual General Meeting.

(6) If the number of nominations received is equal to the number of vacancies to be

filled, the candidates nominated shall be deemed to be elected.

(7) If the number of nominations received for Executives exceeds the number of

vacancies to be filled, a ballot must be held.

(8) The ballot for the election of Executives must be conducted at the Annual

General Meeting in such a manner as the Executive may direct.

(9) The newly elected Executives will meet directly after the Annual General Meeting

and elect Officers of the Council pursuant to Rule 28.

28. Election of Officers of the Council

(1) After the Annual General Meeting at which the Executives have been elected, the

Executives shall meet to elect the Officers of the Council amongst them.

(2) The President from the immediately previous term shall be present at this

meeting, but will not be entitle to any vote other than as provided in sub-rule (3)

(3) In the event of a tie in voting arising from sub-rule (1) the President from the

immediately previous term shall have a casting vote.(4) If pursuant to sub-rule (2) the President from the immediately previous term is not

available, the Vice-President from the immediately previous term shall take his

place.

(5) If pursuant to sub-rule (4) the Vice-President from the immediately pervious term

is not available the Secretary from the immediately previous term shall take his

place.

(6) if pursuant to this Rule there is a deadlock in the voting, the newly elected

Executive shall adjourn for a period of 1 week and again attempt to elect the

Officers of the Council amongst them pursuant to this Rule.

(7) In the event of a further deadlock in voting, the Public Officer of the Council shall

immediately move to call a Special General Meeting to allow the Voting

Delegates of Full Members of the Council to choose the Officers of the Council

from the newly elected Executives.

(8) For any Special General Meeting called pursuant to sub-rule (7), the Public

Officer of the Council shall be the Presiding Member.



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29. Vacancies

The office of an Officer of the Council, an Executive of the Council or an Associate of the

Council becomes vacant if the person holding the office:

(a) becomes insolvent under administration within the meaning of the

Corporations Law; or

(c) resigns from Office by giving a written notice to the Secretary.

30. Meetings of the Executive

(1) The Executive must meet at least 6 times in each year, or as required, at such a

place and time as the Executive may determine.

(2) Special meetings of the Executive may be convened by the President or by any 4

Executives of the Council.

(3) The Officers of the Council may meet to make any decision in an emergency

situation.

(4) Any decisions made under sub-rule (3) must be reported to the Executives at the

following Executive meeting.

(5) For the purposes of sub-rule (1), meetings of the Executive may be carried out

via teleconference or any other electronic means as the Executive may

determine.

31. Notice of Executive meetings

(1) Notice of each Executive meeting must be given to each member of the

Executive at least 1 week before the date of the meeting.

(2) Notice must be given to members of the Executive 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.

32. Quorum for Executive meetings

(1) The quorum for Executive meetings shall be calculated as follows:

(a) in the case of the Total Number of members of the Executive being an

even number, one plus half the Total Number of members of the

Executive; or

(b) in the case of the Total Number of members of the Executive being an

odd number, the next whole number up from half the Total Number of

members of the Executive.

(2) The Total Number of members of the Executive includes all Executives and

Associates.

(3) If, within half an hour of the time appointed for the meeting, a quorum is not

present:

(a) in the case of a special meeting, the meeting lapses;

(b) in any other case, the Executive may continue if one less than the quorum

is reached.



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(c) if one less than the number for quorum is not reached the meeting shall

stand adjourned to the same place and same time and day the following

week.

(4) Any decision made by the Executive pursuant to sub-rule (3)(b) must be ratified

at the next meeting at which there is quorum.

33. Voting at Executive or Working Group meetings

(1) Questions arising at a meeting of the Executive or any Working Group shall be

determined on a show of hands or, if a member requests, by a poll taken in such

manner as the Chairman or person presiding at that meeting may determine.

(2) For meetings of the Executive, Voting Members of the Executive include both

Executives of the Council and Associates of the Council and they shall have

voting rights in meetings of the Executive as follows:

(a) Executives of the Council shall have 2 votes each; and

(b) Associates of the Council shall have 1 votes each.

(3) In the event of a tie in voting, the Chairman or person presiding shall have a

second or casting vote.

34. Conflict of Interest

(1) Members of the Executive or any Working Group who stand to gain or lose

financially, either directly or indirectly (including immediate family members) as a

result of business being conducted by the Council, must declare any potential

conflict of interest at the commencement of meetings where that business is

being conducted or discussed.

(2) Members who have declared a conflict of interest:

(a) must abstain from discussion on those particular items in which they have

the conflict of interest;(b) must remove themselves from the room in which the meeting is taking

place if the other members of the Executive or Working Group see fit; and

(c) must abstain from voting on these items.

(3) Declared conflict of interest, and any action taken in relation to the conflict of

interest, must be recorded in the minutes of the meeting.

35. Removal of an Executive

(1) The Council may remove any Officer of the Council or Executive of the Council

from his office before the expiration of his Term by a resolution:

(a) Once the Officer of the Council or Executive of the Council has been

removed, the Executive has the power to appoint another person in his or

her place to hold office for the remainder of the term pursuant to Rules

24(4), 25(2) and 25(3).

(2) The Council reserves the right to remove any Officer of the Council or Executive

of the Council if he:

(a) does not attend 3 consecutive Executive meetings without good cause; or



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(b) undermines the Council by acting in a manner contrary to the Council’s

Mission Statement.

(3) A person who is the subject of a proposed resolution referred to in sub-rule (1)

may make representations in writing (not exceeding a reasonable length) and

may:

(a) request that the representations be provided to the members of theCouncil, in which case the Executive must decide whether or not to

provide it to the members; or

(b) require that the representations be read out at the next Executive

meeting, in which case the representations must be read out.

36. Minutes of meetings

(1) The Secretary of the Council shall be responsible for the keeping of minutes of

the resolutions and proceedings of each General Meeting, and each Executive

meeting.

(2) The minutes must include:

(a) the names of all attendees;

(b) confirmation of the previous meeting’s minutes;

(c) a record of the names of the Executives or Associates who make the

motions and those who second those motions; and

(d) the result of a vote or poll of any such motions.

37. Financial Procedures

(1) The Treasurer of the Council must:

(a) collect and receive all money due to the Council and make all payments

authorised by the Council;

(b) make sure all monies are managed in accordance with the Council’spolicies and procedures; proper accounts and records are kept; and that

the Council remains solvent.

(c) keep correct accounts and books showing the financial affairs of the

Council with full details of all receipts and expenditure connected with the

activities of the Council.

(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable

instruments must be signed by 2 Officers of the Council or 2 of the delegated

signatories of the Council.

(a) Signatories must not be from the same family.

(3) All electronic transfers must be authorised by a person who is designated by the

Executive.

(4) Funds shall only be lodged in bank accounts approved by the Executive.

(5) An annual audit must be carried out by a qualified person and be presented at

the Annual General Meeting.

(6) The annual report must be provided upon request to any Full Members, Voting

Delegates, funding body or member of the public.



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(7) The funds of the Council shall be derived from such sources as the Executive

determines.

(8) The assets and income of the Council shall be applied solely in furtherance of its

above mentioned objects and no portion shall be distributed directly or indirectly

to the members of the Council except as bona fide compensation for services

rendered or expenses incurred on behalf of the Council.

38. Common Seal of the Council

(1) The common seal of the Council must be kept in the custody of the Secretary

who may keep it at a secure location at.

(2) The common seal must not be affixed to any instrument except by the authority

of the Executive.

(3) The affixing of the common seal must be attested by the signatures either of 2 of

the Officers of the Council or 1 Officer of the Council and the Public Officer of the

Council.

39. Notice to members

Except for the requirement in Rule 13, any notice that is required to be given to a

member on behalf of the Council, under these Rules may be given by:

(a) delivering the notice to the member’s registered address personally and

giving it to the member or an authorised agent of the member;

(b) sending it by post addressed to the member at the member’s registered

address as shown in the register of members;

(c) facsimile transmission; or

(d) electronic transmission.

40. Winding up(1) In the event of winding up or the cancellation of the incorporation of the Council,

the assets of the Council must be disposed of in accordance with the provisions

of the Act.

(2) The Council cannot be wound up unless there is consent from three quarters of

the current Full Members at a Special General Meeting called specifically for that

purpose.

41. 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 Council.

(2) If any Full Member makes a request to the Executive, the Executive may allow

the inspection of accounts, books, securities and any other Relevant Documents

of the Council.



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(3) For the purposes of any inspection pursuant to sub-rule (2), and notwithstanding

sub-rule (6), the Full Member making the request to inspect shall bear the cost of

inspection unless this cost is waived by the Executive.

(4) A member, or agent or representative, shall not view or be allowed to view any

details of any other member, including personal details or details of any entity

which would not be usually available to the public.(5) Any request by a Full member in accordance with sub-rule (2) to view or make

copies of financial reports or the annual reports must be allowed by the

Executive.

(6) For the purposes of any inspection pursuant to sub-rule (2), a member has the

right to inspect any records relating to his/her own personal details free of

charge.