Table of Contents
Part 1 – Preliminary Information…………………………………………………3
1 Interpretation…………………………………………………………………………………….……3
2 Name…………………………………………………………………………………………….…….3
3 Objects………………………………………………………………………………………….……..3
4 Powers…………………………………………………………….…………………………………..3
5 Classes of members…………………………………………………………………………………3
Section 1 – Membership…………………………………………………………………………..….4
6 Who is eligible to be a member…………………………………………………………………….4
7 Application for membership…………………………………………………………………………4
8 Consideration of application……………………….…………………………………………..……4
9 New membership…………………………………………………………………………………….4
10 Annual subscription and fee on joining…………………………………………………………..4
11 General rights of members………………………………………………………………………..5
12 Rights not transferable…………………………………………………………………………….5
Section 2 – Ceasing Membership, Appeal, Resigning ……………………………….….…….5
13 Ceasing membership………………………………………………………………………………5
14 Appeal against rejection or termination of membership………………………………….……..6
15 Resigning as a member……………………………………………………………………………6
Section 3 – Register of Members …………………………………………………………………..6
16 Register of members……………………………………………………………………………….6
17 Prohibition on use of information on register of members……………………………………..6
Part 2 – Committee Members……………………………………………………..7
18 Who is eligible to be a Committee member…………………………………………………..…7
Section 4 – Elections, Nominations, Voting, Resigning……………………………………..…8
19 Positions to be declared vacant……………………………………………………………………8
20 Nominations…………………………………………………………………….……………………8
21 Voting at general meetings………………………………………….………………………….…8
22 Election of committee members and positions.………………………………………………….9
23 Ballot ………………………………………….…………………………..…………………………9
24 Membership of management committee…………………………………….……………..……10
25 Resignation, removal or vacation of committee member ……………………………………..10
Section 5 – Expulsion, Appeal, Mediations, Disputes …………………………………….….11
26 Committee members Expulsion Appeal rights………………………………………………….11
27 Parties must attempt to resolve the dispute………………………………………………..…..11
28 Appointment of mediator……………………………………………………………………..……12
29 Mediation process…………………………………………………………………………….……12
30 Failure to resolve dispute by mediation…………………………………………………….……12
Section 6 – Management Committee Members Details……………………………….……….12
31 Role and powers……………………………………………………………………………….…..12
32 Delegation………………………………………………………………………………………….13
33 Coordinator…………………………………………………………………………………………13
34 Secretary – The Appointment or election of secretary…………..……………………………..13
35 Removal of Secretary…………………………………………………………………………….14
36 Functions of secretary………………………………………………………………………….…14
37 Treasurer………………………………………………………………………………………..….15
38 Term of office……………………………………………………………………………………….16
39 Filling casual vacancies…………………………………………………………………………..16
Section 7 – Meetings of Committee Members………………………………………………….17
40 Meetings of the Committee……………………………………………………………………….17
41 Notice of meetings…………………………………………………………………………………17
42 Urgent meetings……………………………………………………………………………………17
43 Other business for annual general meeting of other small incorporated associations……18
44 Procedure and order of business………………………………………………………………..17
45 Use of technology………………………………………………………………………………….17
46 Quorum…………………………………………………………………………………………..…17
47 Voting………………………………………………………………………………………..………19
48 Resolutions of management committee without meeting……………………………………..19
49 Conflict of interest………………………………………………………………………………….19
50 Minutes of meeting…………………………………………………………………………..…….20
51 Leave of absence………………………………………………………………………………….20
52 Appointment of subcommittees……………………………………………………………….….20
53 Acts not affected by defects or disqualifications………………………………………………..21
Part 3 – General And Financial Matters ……………………………………….21
54 By-laws…………………………………………………………………………………………….21
55 Alteration of rules…………………………………………………………………………………21
56 Common seal………………………………………………………………………………………21
57 Notice requirements………………………………………………………………………………22
58 Registered address………………………………………………………………………………..22
Section 8 – Finance …………………………………………………………………………………22
59 Source of funds……………………………………………………………………………………22
60 Management of funds…………………………………………………………………………….22
61 Financial records………………………………………………………………………………….23
62 Financial statements………………………………………………………..………………….…23
63 Documents…………………………………………………………………………………….…..23
64 Custody and inspection of books and records………………..………………………….……23
65 Financial year……………………………………………………..……………………….….…..24
66 Distribution of surplus assets to another entity……………..…………………………….……24
67 Winding up and cancellation…………………………………..…………………………….…..24
Part 1 Preliminary Information
1 Interpretation
(1) In these rules—
Act – means the Associations Incorporation Act 1981.
Present – at all committee meetings, see rule 44(2) and rule 45(4).
(2) A word or expression that is not defined in these model rules, but is defined in the
Act has, if the context permits, the meaning given by the Act.
(3) The provision at section 47(1) of the Associations Incorporation Act 1981 does not apply.
2 Name
The name of the incorporated association is Home Education Qld Inc.
3 Objects
The objects of the association are for Home Education Qld Inc:
- To provide a support network for home education families in Queensland. Including connecting families with each other for socialisation, sharing support groups, and offering mentorship programs.
- To answer questions about Queensland home education laws and regulations, provide guidance on curriculum options, educational approaches, and offer advice on home education challenges and issues.
4 Powers
(1) The association has the powers of an individual.
(2) The association may, for example—
(a) enter into contracts; and
(b) acquire, hold, deal with and dispose of property; and
(c) make charges for services and facilities it supplies; and
(d) do other things necessary or convenient to be done in carrying out its affairs.
5 Classes of members
(1) The membership of the association consists of
- Founding members.
- Ordinary members, aged over 16 years.
- Associate members – interstate members
(2) The number of ordinary members is unlimited.
SECTION 1 – MEMBERSHIP
6 Who is eligible to be a member
(1) Any person who supports the purposes of the Association is eligible for membership.
(2) Interstate memberships are welcome to be Associate members, without voting rights.
- Application for membership
(1) To apply to become a member of the Association, a person must —
(a) complete a membership form; and
(b) agree to support the purposes of the Association; and
(c) agree to comply with these Rules.
(2) The application—
(a) must be accompanied by the annual membership fee and any joining fee set by the
Committee.
Note: The joining fee is the fee (if any) determined by the Association under rule 10(1).
(3) Membership applications can be made at any time during the year.
- Consideration of application
(1) As soon as practicable after an application for membership is received, the delegated Committee member must accept or reject the application on behalf of the committee.
(2) The delegated Committee member must notify the applicant in writing of this decision.
(3) If the application is rejected, any application and/or joining fee must be returned to the applicant.
(4) No reason need be given for the rejection of an application.
- New membership
(1) If an application for membership is approved by the delegated Committee member then they must, as soon as practicable, enter the name and address of the new member, and the date of becoming a member, in the register of members.
(2) A person becomes a member of the Association and, subject to rule 10(2), is entitled to exercise his or her rights of membership from the date, whichever is the later, on which—
(a) the membership is approved; or
(b) the person pays the annual membership fee and any joining fee.
(3) The delegated committee member must submit a membership report to each committee meeting.
- Annual subscription and fee on joining
(1) At each annual general meeting, the Association must determine—
(a) the amount of the annual subscription (if any) for the following financial year; and
(b) in the event of new fees, the date from which the new fees will apply.
(2) Memberships are renewable annually on the anniversary of each member’s joining date.
(3) The rights of a member who has not paid the annual subscription by the due date are suspended, on that date, until the subscription is paid.
11 General rights of members
(1) A member of the Association who is entitled to vote has the right—
(a) to receive notice of general meetings and of proposed special resolutions in the manner and time prescribed by these Rules; and
(b) to submit items of business for consideration at a general meeting; and
(c) to attend and be heard at general meetings; and
(d) to vote at general meetings; and
(e) to have access to the minutes of general meetings and other documents of the
Association as provided under rule 64 (1); and
(f) to inspect the register of members for their own personal details.
(2) A member is entitled to vote if—
(a) the member is a member other than an associate member; and
(b) more than 10 business days have passed since they became a member of the
Association; and
(c) the member’s membership rights are not suspended for any reason.
(3) Associate members
(a) Associate members of the Association include—
(i) any interstate members aged over 18 years; and
(ii) any other category of member as determined by special resolution at a general meeting.
(b) An associate member must not vote but may have other rights as determined by the
Committee or by resolution at a general meeting.
(4) Founding Members
(a) Have lifetime membership.
(b) Have the option of an additional vote each at the annual general meeting.
12 Rights not transferable
The rights of a member are not transferable and end when membership ceases.
SECTION 2 – CEASING MEMBERSHIP, APPEAL, RESIGNING
13 Ceasing membership
(1) The membership of a person ceases on resignation, expulsion or death.
(2) If a person ceases to be a member of the Association, the secretary must, as soon as
practicable, enter the date the person ceased to be a member in the register of members.
(3) The Committee members may terminate a member’s membership if the member—
(a) is convicted of an indictable offence; or
(b) does not comply with any of the provisions of these rules; or
(c) conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the association.
(4) Before the Committee members terminate an Ordinary member’s membership, the
Committee must provide the member a full and fair opportunity to show why the membership should not be terminated.
(5) If, after considering all representations made by the member, the Committee decides to terminate the membership, the secretary of the Committee must give the member a written notice of the decision.
(6) A member has a right of appeal against the Committee member’s removal from membership under this rule. See rule 14.
(7) Within 1 month after receiving written notice of the termination, the secretary must, as soon
as practicable, refund the membership fee paid by the person.
14 Appeal against rejection or termination of membership
(1) A person whose application for membership has been rejected, or whose membership has been terminated, may give the secretary written notice of the person’s intention to appeal against the decision.
(2) A notice of intention to appeal must be given to the secretary within 1 month after the person receives written notice of the decision.
(3) If the secretary receives a notice of intention to appeal, the secretary must, within 1 month after receiving the notice, call a general meeting to decide the appeal.
15 Resigning as a member
(1) A member may resign by notice in writing given to the Association.
Note
Rule 57 (3) sets out how notice may be given to the association. It includes by post, email or by handing the notice to a member of the committee.
(2) The resignation takes effect at—
(a) the time the notice is received by the secretary; or
(b) if a later time is stated in the notice—the later time.
(3) A member is taken to have resigned if—
(a) the member’s annual subscription is more than 12 months in arrears; or
(b) where no annual subscription is payable—
(i) the Secretary has made a written request to the member to confirm that he or
she wishes to remain a member; and
(ii) the member has not, within 3 months after receiving that request, confirmed in
writing that he or she wishes to remain a member.
SECTION 3 – REGISTER OF MEMBERS
16 Register of members
(1) The secretary must monitor and maintain a register of members that includes—
(a) for each current member—
(i) the member’s name;
(ii) the address for notice last given by the member;
(iii) the date of becoming a member;
(iv) if the member is an associate member, a note to that effect;
(v) any other information determined by the Committee; and
(b) for each former member, the date of ceasing to be a member.
(2) Any member may, at a reasonable time, inspect the register of members to review their own personal details only.
(3) However, the Committee members may, on the application of a member of the association, withhold information about the member (other than the member’s full name, address contact details) from the register available for inspection if the Committee has reasonable grounds for believing the disclosure of the information would put the anyone at risk of harm.
17 Prohibition on use of information on register of members
(1) A member of the association must not—
(a) use information obtained from the register of members of the association to contact, or send material to, another member of the association for the purpose of advertising for political, religious, charitable or commercial purposes; or
(b) disclose information obtained from the register to someone else, knowing that the information is likely to be used to contact, or send material to, another member of the association for the purpose of advertising for political, religious, charitable or commercial purposes.
(2) Subrule (1) does not apply if the use or disclosure of the information is approved by the association.
Part 2 – COMMITTEE MEMBERS
18 Who is eligible to be a Committee member
(1) A member is eligible to be elected or appointed as a committee member if the member—
(a) is 18 years or over; and
(b) is entitled to vote at a general meeting.
(c) is not ineligible to be elected as a member under section 61A of the Act.
SECTION 4 ELECTIONS, NOMINATIONS, VOTING, RESIGNING.
19 Positions to be declared vacant
(1) This rule applies to—
(a) the first annual general meeting of the Association after its incorporation; or
(b) any subsequent annual general meeting of the Association, after the annual report
and financial statements of the Association have been received.
(2) The Chairperson of the meeting must declare 1/3 of positions on the management Committee and 1/3 the ordinary committee members vacant and hold elections for those positions in accordance with rules 20-22.
20 Nominations
(1) Prior to the election of each position, the Chairperson of the meeting must call for
nominations to fill that position.
(2) An eligible member of the Association may—
(a) nominate himself or herself; or
(b) with the member’s consent, be nominated by another member.
(3) A member who is nominated for a position and fails to be elected to that position may be
nominated for any other position for which an election is yet to be held.
(4) The nomination must be—
(i) in writing; and
(ii) signed by the candidate and the Committee members who nominated them and include the position; and
(iii) given to the secretary at least 14 days before the annual general meeting at which the election is to be held;
(5) The management committee must ensure that, before a candidate is elected as a member of the management committee, the candidate is advised—
(a) whether or not the association has public liability insurance; and
(b) if the association has public liability insurance—the amount of the insurance.
21 Voting at general meeting
(1) On any question arising at a general meeting—
(a) subject to subrule (3), each member who is entitled to vote has one vote; and
(b) members may vote personally; and
(c) except in the case of a special resolution, the question must be decided on a majority
of votes.
(2) If votes are divided equally on a question, the Chairperson of the meeting has a second or
casting vote.
(3) If the question is whether or not to confirm the minutes of a previous meeting, only
members who were present at that meeting may vote.
(4) However, if at least 20% of the members present demand a secret ballot, voting must be by secret ballot see rule (23).
(5) If a secret ballot is held, the chairperson must appoint a member to conduct the secret ballot in the way the chairperson decides.
(6) The result of a secret ballot as declared by the chairperson is taken to be a resolution of the meeting at which the ballot was held.
22 Election of Committee members and positions.
(1) At the annual general meeting, separate elections must be held for each of the vacated Committee positions.
(2) If only one member is nominated for the position, the Chairperson of the meeting must
declare the member elected to the position.
(3) If more than one member is nominated, a ballot must be held in accordance with rule 23.
(4) On their election, the new Coordinator may take over as Chairperson of the meeting.
(5) If the number of members nominated exceeds the number to be elected, a ballot must be
held in accordance with rule 23.
23 Ballot
(1) If a ballot is required for the election for a position, the Chairperson of the meeting must
appoint a member to act as returning officer to conduct the ballot.
(2) The returning officer must not be a member nominated for the position.
(3) Before the ballot is taken, each candidate may make a short speech in support of his or her
election.
(4) The election must be by secret ballot via electronic vote eg Zoom or equivalent secure program.
(5) The voter must enter the nominated members on the electronic ballot voting system eg Zoom the name of the candidate for whom they wish to vote or select.
(6) Each ballot entry counts as one vote for that candidate.
(7) The returning officer must declare elected the candidate or, in the case of an election for
more than one position, the candidates who received the most votes.
(8) If the returning officer is unable to declare the result of an election under subrule (7)
because 2 or more candidates received the same number of votes, the returning officer
must—
(a) conduct a further election for the position in accordance with subrules (4) to (8) to
decide which of those candidates is to be elected; or
(b) with the agreement of those candidates, decide by lot which of them is to be elected.
Examples: The choice of candidate may be decided by the toss of a coin, drawing straws or drawing a name out of a hat.
24 Membership of management Committee
(1) The management committee of the association consists of a coordinator, treasurer, secretary and any other members elect at a general meeting.
(2) A member of the management committee, other than a secretary appointed by the management committee under rule 34(1)(b)(ii), must be a member of the association.
(3) Positions on the management committee will be made vacant on a 3 yearly staggered rotation, with voting from members at the annual general meeting for 1/3 of the positions each year.
(4) A member of the association may be appointed to a casual vacancy on the management committee under rule 39.
(5) On their election, the new Coordinator may take over as Chairperson of the meeting.
25 Resignation, removal or vacation of Committee member
(1) A member of the Committee may resign from the Committee membership by giving written notice of resignation to the secretary.
(2) The resignation takes effect at—
(a) the time the notice is received by the secretary; or
(b) if a later time is stated in the notice—the later time.
(3) A management Committee member may be removed from their position at a general meeting of the association if a majority of the Committee members vote in favour of removing the member, with a Quorum +1, see rule 46 (2).
(4) Before a vote is taken the Committee member must be given a full and fair opportunity to show cause why he or she should not be removed from office.
(5) A Committee member has a right of appeal against their removal from the Committee under this rule. See rule 26.
(6) A Committee member immediately vacates the office of Committee member in the circumstances mentioned in section 64(2) of the Act.
SECTION 5 – EXPULSION, APPEAL, MEDIATION, DISPUTES
26 Committee members Expulsion Appeal rights
(1) A Committee member whose membership rights have been voted out from the Association under rule 26 may give notice to the effect that he or she wishes to appeal against the expulsion.
(2) The notice must be in writing and given—
(a) to the Committee members immediately after the vote to expel the person is taken; or
(b) to the Secretary not later than 48 hours after the vote.
(3) If a person has given notice under subrule (2), a general meeting must be
convened by the Committee as soon as practicable, but in any event not later than 21 days,after the notice is received.
(4) Notice of the appeal meeting must be given to each Committee member of the Association as soon as practicable and must—
(a) specify the date, time and place of the meeting; and
(b) include the name of the person identified in the; and
(c) at the appeal meeting the Committee members must vote on whether the decision to expel the person should be upheld or revoked.
(i) A Committee member may not vote by proxy at the meeting.
(5) The decision or appeal is upheld if three quarters of the Committee members vote in favour of the decision.
27 Parties must attempt to resolve the dispute
The parties to a dispute must attempt to resolve the dispute between themselves within 14
days of the dispute coming to the attention of each party.
28 Appointment of mediator
(1) If the parties to a dispute are unable to resolve the dispute between themselves within the
time required by rule 27, the parties must within 10 days—
(a) notify the Committee of the dispute; and
(b) agree to or request the appointment of a mediator; and
(c) attempt in good faith to settle the dispute by mediation.
(2) The mediator must be—
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement—
(i) if the dispute is between a member and another member—a person appointed
by the Committee; or
(ii) if the dispute is between a member and the Committee or the Association—
a person appointed or employed by the Queensland Dispute Resolution Centre.
(3) A mediator appointed by the Committee may be a member or former member of the Association but in any case must not be a person who—
(a) has a personal interest in the dispute; or
(b) is biased in favour of or against any party.
29 Mediation process
(1) The mediator to the dispute, in conducting the mediation, must—
(a) give each party every opportunity to be heard; and
(b) allow due consideration by all parties of any written statement submitted by any party; and
(c) ensure that natural justice is accorded to the parties throughout the mediation process.
(2) The mediator must not determine the dispute.
30 Failure to resolve dispute by mediation
If the mediation process does not resolve the dispute, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
Section 5 – MANAGEMENT COMMITTEE MEMBERS DETAILS
31 Role and powers
(1) The business of the Association is managed at the direction of the management Committee members.
(2) The Committee may exercise all the powers of the Association except those powers that these rules or the Act require to be exercised by general management Committee meetings of the Association.
(3) The management Committee may—
(a) appoint and remove positions within the management Committee;
(b) establish subcommittees consisting of members with terms of reference it considers
Appropriate.
(4) As soon as practicable after being elected or appointed to the Committee, each committee
member must become familiar with these rules and the Act.
(5) The management Committee is collectively responsible for ensuring that the Association complies with the Act and that individual members of the Committee comply with these Rules.
(6) Committee members must exercise their powers and discharge their duties with reasonable
care and diligence.
(7) Committee members must exercise their powers and discharge their duties—
(a) in good faith in the best interests of the Association; and
(b) for a proper purpose.
(8) Committee members and former committee members must not make improper use of—
(a) their position; or
(b) information acquired by virtue of holding their position, so as to gain an advantage for themselves or any other person or to cause detriment to the Association.
Note
See also Division 3 of Part 6 of the Act which sets out the general duties of the office holders of an incorporated association.
(9) In addition to any duties imposed by these rules, a committee member must perform any
other duties imposed from time to time by resolution at a general meeting.
(10) The management committee has authority to interpret the meaning of these rules and any matter relating to the association on which the rules are silent, but any interpretation must have regard to the Act, including any regulation made under the Act.
32 Delegation
(1) The management Committee may delegate to a member of the Committee, a subcommittee or staff, any of its powers and functions other than—
(a) this power of delegation; or
(b) a duty imposed on the Committee by the Act or any other law.
(2) The delegation must be in writing and may be subject to the conditions and limitations the
Committee considers appropriate.
(3) The management Committee may, in writing, revoke a delegation wholly or in part.
33 Coordinator
(1) Subject to subrule (2), the Coordinator is the Chairperson for any general meetings and for any committee meetings.
(2) If the Coordinator is absent, or is unable to preside, the Chairperson of the meeting must be a member elected by the other Committee members present.
34 Secretary – The Appointment or election of secretary
(1) The secretary must be an adult residing in Queensland, or in another State but not more than 65km from the Queensland border, who is—
(a) a member of the association elected by the association as secretary; or
(b) any of the following persons appointed by the management committee as secretary—
(i) a member of the association’s management committee;
(ii) another member of the association;
(iii) another person.
(2) If the association has not elected an interim officer as secretary for the association before its incorporation, the members of the management committee must ensure a secretary is appointed or elected for the association within 1 month after incorporation.
(3) If a vacancy happens in the office of secretary, the members of the management committee must ensure a secretary is appointed or elected for the association within 1 month after the vacancy happens.
(4) If the management committee appoints a person mentioned in subrule (1)(b)(ii) as secretary, other than to fill a casual vacancy on the management committee, the person does not become a member of the management committee.
(5) However, if the management committee appoints a person mentioned in subrule (1)(b)(ii) as secretary to fill a casual vacancy on the management committee, the person becomes a member of the management committee.
(6) If the management committee appoints a person mentioned in subrule (1)(b)(iii) as secretary, the person does not become a member of the management committee.
(7) In this rule— casual vacancy, on a management committee, means a vacancy that happens when an elected member of the management committee resigns, dies or otherwise stops holding office.
35 Removal of secretary
(1) The management committee of the association may at any time remove a person appointed by the committee as the secretary.
(2) If the management committee removes a secretary who is a person mentioned in rule 34(1)(b)(i), the person remains a member of the management committee.
(3) If the management committee removes a secretary who is a person mentioned in rule 34(1)(b)(ii) and who has been appointed to a casual vacancy on the management committee under rule 34(5), the person remains a member of the management committee.
36 Functions of secretary
The secretary’s functions include, but are not limited to—
(a) calling meetings of the association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the co-ordinator of the association; and
(b) keeping minutes of each meeting; and
(c) keeping copies of all correspondence and other documents relating to the association; and
(d) maintaining the register of members of the association.
(1) The Secretary must perform any duty or function required under the Act to be performed
by the secretary of an incorporated association; and
Example
Under the Act, the secretary of an incorporated association is responsible for lodging documents of the association with the Registrar.
(2) The Secretary must –
(a) keep custody of the common seal (if any) of the Association and, except for the financial records referred to in rule 61 all books, documents and securities of the Association in accordance with rules 60 to 64; and
(b) subject to the Act and these Rules, provide members with access to the minutes of
general meetings and other books and documents; and
(c) perform any other duty or function imposed on the Secretary by these Rules.
(3) The Secretary must give to the Registrar notice of his or her appointment within 14 days
after the appointment.
(4) The Membership Secretary must—
(a) maintain the register of members in accordance with rule 16; and
(b) subject to the Act and these Rules, provide members with access to the register of
Members.
37 Treasurer
(1) The Treasurer must—
(a) receive all moneys paid to or received by the Association and issue receipts for those
moneys in the name of the Association; and
(b) ensure that all moneys received are paid into the account of the Association within 5 working days after receipt; and
(c) make any payments authorised by the Committee or by a general meeting of the
Association from the Association’s funds; and
(d) ensure cheques are signed by at least 2 committee members.
(2) The Treasurer must—
(a) ensure that the financial records of the Association are kept in accordance with the Act; and
(b) coordinate the preparation of the financial statements of the Association and their certification by the Committee prior to their submission to the annual general
meeting of the Association.
(c) be consistent with the rules 61-65.
(3) The Treasurer must ensure that at least one other committee member has access to the
accounts and financial records of the Association.
38 Term of office
(1) The maximum term length for Committee members shall be three (3) years, commencing from the date of their election.
(2) At the conclusion of each Annual general meeting, one-third (1/3) of the management Committee positions and approximately 1/3 of the general committee members shall be subject to election.
(3) Following the initial election, the Committee shall establish a rotation schedule to ensure that approximately one-third (1/3) of the positions are up for election at each subsequent AGM.
(4) Committee members whose terms are expiring may seek re-election for consecutive terms.
(5) Vacancies on the Committee that occur between annual general meetings may be filled through appointment by the Committee, with the appointed member serving until the next AGM, at which time the position shall be subject to election as per the staggered election process outlined in this rule.
(6) Subject to subrule (3) and rule 25, a committee member holds office until the positions of
the Committee are declared vacant at an Annual General Meeting.
(7) A general meeting of the Committee members may—
(a) by special resolution remove a committee member from office, see rule 25 ; and
(b) elect an eligible member of the Committee members to fill the vacant position.
(4) A member who is the subject of a proposed special resolution under subrule (7)(a) may make representations in writing to the Secretary or Coordinator of the Association (not exceeding a reasonable length) and may request that the representations be provided to the members of the Association, see rule 26.
39 Filling casual vacancies
(1) The Committee may appoint an eligible member of the Association to fill a position on the
Committee that—
(a) has become vacant under rule 25; or
(b) was not filled by election at the last annual general meeting.
(2) If the position of Secretary becomes vacant, the Committee must appoint a member to the
position within 14 days after the vacancy arises.
(3) Rule 38 applies to any committee member appointed by the Committee under subrule (1)
or (2).
SECTION 7 —MEETINGS OF COMMITTEE MEMBERS
40 Meetings of Committee
(1) The management Committee must meet at least 4 times in each year at the dates, times and places determined by the Committee.
(2) The first annual general meeting must be held within 6 months after the end date
of the association’s first reportable financial year.
(3) Each subsequent annual general meeting must be held—
(a) at least once each year; and
(b) within 6 months after the end date of the association’s reportable financial
year.
(4) The date, time and place of the first committee meeting must be determined by the
members of the Committee as soon as practicable after the annual general meeting of the
Association at which the members of the Committee were elected.
(4) Special committee meetings may be convened by the Coordinator or by any 4 members of
the Committee.
41 Notice of meetings
(1) Notice of each committee meeting must be given to each committee member no later than
7 days before the date of the meeting.
(2) Notice may be given of more than one committee meeting at the same time.
(3) The notice must state the date, time and place of the meeting.
(4) If a special committee meeting is convened, the notice must include the general nature of
the business to be conducted.
(5) The only business that may be conducted at the meeting is the business for which the
meeting is convened.
42 Urgent meetings
(1) In cases of urgency, a meeting can be held without notice being given in accordance with
rule 42 provided that as much notice as practicable is given to each committee member by
the quickest means practicable.
(2) Any resolution made at the meeting must be passed by an absolute majority of the
Committee.
(3) The only business that may be conducted at an urgent meeting is the business for which
the meeting is convened.
43 Other business for annual general meeting of other small incorporated associations
(1) This rule applies if the association is a small incorporated association to which
sections 59A and 59AB of the Act apply.
(2) The following business must be conducted at each annual general meeting of the
association—
(a) receiving the association’s financial statement, and verification statement,
for the last reportable financial year;
(b) presenting the financial statement and verification statement to the meeting
for adoption.
44 Procedure and order of business
(1) Meetings may be special, urgent, management or general Committee meetings.
(2) The procedure to be followed at a meeting of a Committee must be determined from time
to time by the Committee.
(3) The order of business may be determined by the Committee members present at the meeting.
(4) A Committee member who participates in any of the meetings as mentioned in subrule (1) is taken to be present at the meeting.
45 Use of technology
- The management committee will hold video meetings and permit Committee members to take part in its meetings, by using any technology that reasonably allows the member to hear and take part in discussions as they happen.
(2) A committee member who participates in the meeting as mentioned in subrule (1) is taken to be present at the meeting.
46 Quorum
(1) No business may be conducted at a Committee meeting unless a quorum is present.
- At a management committee meeting, more than 50% of the Committee members need to present to form a quorum including the coordinator and secretary.
(3) If there is no quorum within 30 minutes after the time fixed for a management
committee meeting called other than on the request of the members of the
committee—
(a) the meeting is to be adjourned for at least 1 day; and
(b) the members of the management committee who are present are to decide
the day, time and place of the adjourned meeting.
(4) If, at an adjourned meeting mentioned in subrule (3), there is no quorum within
30 minutes after the time fixed for the meeting, the meeting lapses.
47 Voting
(1) On any question arising at a committee meeting, each committee member present at the
meeting has one vote.
(2) A motion is carried if a majority of committee members present at the meeting vote in
favour of the motion.
(3) Subrule (2) does not apply to any motion or question which is required by these Rules to
be passed by an absolute majority of the Committee members.
(4) A question arising at a committee meeting is to be decided by a majority vote of members of the committee present at the meeting and, if the votes are equal, the question is decided in the negative.
(5) Voting by proxy is not permitted.
48 Resolutions of management committee without meeting
(1) A written resolution signed by each member of the management committee, vie email is as valid and effectual as if it had been passed at a committee meeting that was properly called and held.
(2) A resolution mentioned in subrule (1) may consist of several documents in like form, each signed by 1 or more members of the committee.
49 Conflict of interest
(1) A committee member who has a material personal interest in a matter being considered at
a committee meeting must disclose the nature and extent of that interest to the Committee.
(2) The member—
(a) must not be present while the matter is being considered at the meeting; and
(b) must not vote on the matter.
(3) This rule does not apply to a material personal interest—
(a) that exists only because the member belongs to a class of persons for whose benefit
the Association is established; or
(b) that the member has in common with all, or a substantial proportion of, the members
of the Association.
50 Minutes of meeting
(1) The Committee must ensure that minutes are taken and kept of each committee meeting via the appointed Secretary.
(2) The minutes must record the following—
(a) the names of the members in attendance at the meeting;
(b) the business considered at the meeting;
(c) any resolution on which a vote is taken and the result of the vote;
(d) any material personal interest disclosed under rule 49.
(3) To ensure the accuracy of the minutes—
(a) the minutes of each general meeting must be approved by the chairperson of the meeting, or the chairperson of the next general meeting, verifying their accuracy; and
(b) the minutes of each annual general meeting must be approved by the chairperson of the meeting, or the chairperson of the next meeting of the association that is a general meeting or annual general meeting, verifying their accuracy.
(4) If asked by a member of the association, the secretary must, within 28 days after the request is made—
(a) make the minutes for a particular general meeting available via email or on website; and
(b) give the member copies of the minutes of the meeting as requested.
(5) The association may require the member to pay the reasonable costs of providing copies of the minutes.
51 Leave of absence
(1) The Committee may grant a member leave of absence from committee meetings for a period not exceeding 3 months.
(2) The Committee must not grant leave of absence retrospectively unless it is satisfied that it
was not feasible for the committee member to seek the leave in advance.
52 Appointment of subcommittees
(1) The management committee may appoint a subcommittee consisting of members of the association considered appropriate by the committee to help with the conduct of the association’s operations.
(2) A member of the subcommittee who is not a member of the management committee is not entitled to vote at a management committee meeting.
(3) A subcommittee may elect a chairperson of its meetings.
(4) If a chairperson is not elected, or if the chairperson is not present within 10 minutes after the time fixed for a meeting, the members present may choose 1 of their number to be chairperson of the meeting.
(5) A subcommittee may meet and adjourn as it considers appropriate.
(6) A question arising at a subcommittee meeting is to be decided by a majority vote of the members present at the meeting and, if the votes are equal, the question is decided in the negative.
53 Acts not affected by defects or disqualifications
(1) An act performed by the management committee, a subcommittee or a person acting as a member of the management committee is taken to have been validly performed.
(2) Subrule (1) applies even if the act was performed when—
(a) there was a defect in the appointment of a member of the management committee, subcommittee or person acting as a member of the management committee; or
(b) a management committee member, subcommittee member or person acting as a member of the management committee was disqualified from being a member.
Part 3 – General and Financial Matters
54 By-laws
(1) The management Committee may make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of the association.
(2) A by-law may be set aside by a vote of members at a general meeting of the Committee Members.
55 Alteration of rules
(1) Subject to the Act, these rules may be amended, repealed or added to by a special resolution carried at a general meeting.
(2) However an amendment, repeal or addition is valid only if it is registered by the
chief executive.
56 Common seal
(1) The Association may have a common seal.
(2) If the Association has a common seal—
(a) the name of the Association must appear in legible characters on the common seal;
(b) a document may only be sealed with the common seal by the authority of the
Committee and the sealing must be witnessed by the signatures of two committee
members;
(c) the common seal must be kept in the custody of the Secretary.
57 Notice requirements
(1) Any notice required to be given to a member or a committee member under these Rules
may be given—
(a) by handing the notice to the member personally; or
(b) by sending it by post to the member at the address recorded for the member on the
register of members; or
(c) by email or facsimile transmission.
(2) Subrule (1) does not apply to notice given under rule 41.
(3) Any notice required to be given to the Association or the Committee may be given—
(a) by handing the notice to a member of the Committee; or
(b) by sending the notice by post to the registered address; or
(c) by leaving the notice at the registered address; or
(d) by email to the email address of the Association or the Secretary.
58 Registered address
The registered address of the Association is—
(a) the address determined from time to time by resolution of the Committee; or
(b) if the Committee has not determined an address to be the registered address—
the postal address of the Secretary.
SECTION 8 – FINANCE
59 Source of funds
The funds of the Association may be derived from joining fees, annual subscriptions,
donations, fund-raising activities, grants, interest and any other sources approved by the
Committee.
60 Management of funds
(1) The Association must open an account with a financial institution from which all expenditure of the Association is made and into which all of the Association’s revenue is deposited.
(2) Subject to any restrictions imposed by a general meeting of the Association, the management Committee may approve expenditure on behalf of the Association. All expenditure must be approved or ratified at a management Committee meeting.
(3) The management Committee may authorise the Treasurer to expend funds on behalf of the Association (including by electronic funds transfer) up to a specified limit without requiring approval from the Committee for each item on which the funds are expended.
(4) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments
must be signed by 2 committee members.
(5) All funds of the Association must be deposited into the financial account of the Association no later than 5 working days after receipt.
(6) With the approval of the Committee, the Treasurer may maintain a cash float provided that
all money paid from or paid into the float is accurately recorded at the time of the transaction.
(7) The committee may authorise the Treasurer to operate an e-commerce (eg. PayPal)
account on behalf of the Association for the purpose of receiving payments and issuing
refunds, provided that accurate transaction records are kept, and funds are transferred to
the Association’s bank account regularly in accordance with the committee resolution
granting permission.
(8) The income and property of the association must be used solely in promoting the association’s objects and exercising the association’s powers.
61 Financial records
(1) The Association must keep financial records that—
(a) correctly record and explain its transactions, financial position and performance; and
(b) enable financial statements to be prepared as required by the Act.
(2) The Association must retain the financial records for 7 years after the transactions covered
by the records are completed.
(3) The Treasurer must keep in his or her custody, or under his or her control—
(a) the financial records for the current financial year; and
(b) any other financial records as authorised by the Committee.
62 Financial statements
(1) For each financial year, the Committee must ensure that the requirements under the Act
relating to the financial statements of the Association are met.
(2) Without limiting subrule (1), those requirements include—
(a) the preparation of the financial statements;
(b) if required, the review or auditing of the financial statements;
(c) the certification of the financial statements by the Committee;
(d) the submission of the financial statements to the annual general meeting of the
Association;
(e) the lodgement with the Registrar of the financial statements and accompanying
reports, certificates, statements and fee.
63 Documents
The management committee must ensure the safe custody of books, documents, instruments of title and securities of the association.
64 Custody and inspection of books and records
(1) Members may on request inspect
(a) the register of members for their own details;
(b) the minutes of general meetings;
(c) subject to subrule (2), the financial records, books, securities and any other relevant
document of the Association, including minutes of Committee meetings.
(2) The Committee may refuse to permit a member to inspect records of the Association that
relate to confidential, personal, employment, commercial or legal matters or where to do
so may be prejudicial to the interests of the Association.
(3) The Committee will on request make copies of these rules available to members and
applicants for membership free of charge.
(4) Subject to subrule (2), a member may make a copy of any of the other records of the
Association referred to in this rule and the Association may charge a reasonable fee for
provision of a copy of such a record.
(5) For purposes of this rule – relevant documents means
the records and other documents, however compiled, recorded or stored, that relate to the incorporation and management of the Association and includes the following—
(a) its membership records;
(b) its financial statements;
(c) its financial records;
(d) records and documents relating to transactions, dealings, business or property of the Association.
65 Financial year
The financial year of the Association is each period of 12 months ending on 30 June.
66 Distribution of surplus assets to another entity
(1) This rule applies if the association—
(a) is wound-up under part 10 of the Act; and
(b) has surplus assets.
67 Winding up and cancellation
(1) The Association may be wound up voluntarily by special resolution or under under part 10 of the Act.
(2) In the event of the winding up or the cancellation of the incorporation of the Association,
the surplus assets of the Association must not be distributed to any members or former
members of the Association.
(3) The surplus assets must be given to another entity—
(a) having objects similar to the association’s objects; and
(b) the rules of which prohibit the distribution of the entity’s income and assets
to its members.
(4) In this rule— surplus assets see section 92(3) of the Act.
(5) The body to which the surplus assets are to be given must be decided by special
Resolution.