CENTRAL COAST DOMESTIC VIOLENCE COMMITTEE
CONSTITUTION – Updated August 1998
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1 The name of the Association shall be Central Coast Domestic Violence Committee Incorporated (referred to in these rules as “the Association”)
The objects of the Association shall be:
* To develop effective liaison between the various groups within the community who are involved in addressing the issues of domestic violence;
* To promote continuing co-operation and understanding between the Police, women’s refuges, Government departments, welfare agencies and the community, of the problems and dangers associated with domestic violence and the effective implementation of the relevant legislation;
* To ensure that all matters associated with domestic violence are resolved promptly at a local level wherever possible;
* To promote recognition of domestic violence, and awareness in the whole community that it is a crime like any other, through such on-going community education to encourage the whole community to accept responsibility for, and take positive steps and prevent incidents of domestic violence;
* To create an awareness within the Central Coast of the various agencies set up to assist people affected by domestic violence;
* To advocate for the provision of traini-ng for all staff involved with domestic violence issues in agencies and to increase the availability of training;
* To investigate the need and advocate the establishment of improved services, including follow up services, for victims of domestic violence;
* To monitor the enforcement and effectiveness of the domestic violence legislation, and associated policies at a local level. To advocate the further development of such policies;
* To consult with and make recommendations to the NSW Domestic Violence Advisory Council regarding changes to legislation, policies·- and service provision.
a) Subject to these rules the members of the Association shall be t he members of the Association immediately prior to incorporation together with such other people and organisations as the Committee admits to membership.
b) Membership is open to all individuals and organisations who, accept the objects and rules of the Association. An unincorporated organisat ion is not capab le of being a member of the Association, but it may nominate an individual to represent it.
c) Incorporated and/or unincorporated organisations shall nomina te one person to designate the member for voting purposes.
d) Individuals a d organisations wishing to become members of the Association shall apply to the Committee for membership.
e) The Committee shall detennine whether or not to accept an application for membership. The Committee is not required to supply reasons for accepting or rejecting an application for membership.
f) Members shall pay such fees as are determined by the Association at a general meeting.
g) A register of members shall be kept by the Association showing the name, address and date of commencement of membership for each member. Provision for noting the date of cessation of membership shall also be contained in the register.
h) Membership shall cease upon resignation, expulsion, death, or failure to pay outstanding membership fees within 28 eays of the due date.
i) Membership fees of $2 shall fall due on the first day of each financial year of the Association. The financial year of the Association shall run from July to June 30 or such other period as is determined by the Committee.
4 MEMBERS’ LIABILITY
The members of the Association shall have no liability to contribute towards the payment of debts and liabilities of the Association or the co.sts, charges and expenses
of the winding up of the Association except to the amount of a ny unpaid membership
5 DISCIPLINING OF MEMBERS
The procedure for disciplining members shall be determined by the Committee. Anyone who wished to appeal against a decision refusing membership, expelling them from membership or otherwise disciplining them may do so at the next general meeting of the Association.
6 MANAGEMENT – BY COMMITTEE
a) The association shall have its affairs controlled and managed by the office bearers and other members known as the Committee.
b) The office bearers shall be a Chairperson, Chair Vice, Minutes Secreta ry, and Correspondence Secretary and Treasurer. There shall be up to five other members of the Committee.
c) The office bearers and other members of the Committee shall be elected at each Annual General Meeting. Any casual vacancy occurring in the Committee may be filled by a member appointed by the Committee.
d) Each member of the Committee shall hold office from the date of their election or appointment until the next Annual General Meeting.
e) Retiring Committee members are eligible for re-election for a maximum of three years.
f) The committee shall meet at least 10 times in each period of 12 months at such place and time as the committee may determine.
g) Additional meetings of the committee may be convened by the president or by any member of the committee .
h) Oral or written notice of additional meetings of the committee shall be given by the secretary to each member of the committee at least 48 hours (or such other period as may be unanimously.ag reed upon by the members of the committee) before the time appointed for the holding of the meeting.
i) Notice of a meeting given under clause (3) sha.Ii speci fy the general mature of the business to be transacted at the meeting and no business other than that business shall be transacted at the meeting, except busin·ess which the committee members present at the meeting unanimously agree to treat as urgent business.
j) No business shall be transacted by the committee unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present the meeting stands adjourned to the same place and at the same hour of the same day in the following week.
k) If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting shall be dissolved.
1) At a meeting of the committee –
i) the president or, in the president’s absence, the vice-presidentshall preside; or
ii) if the president and the vice-president are absent or unwilling to act such one of the remaining members of the committee as may be chosen by the members present at the meeting shall preside.
m) The quorum for meetings of the Committee shall be one half the number of Committee members elected at the previous Annual General Meeting..
n) Notice of Committee meetings shall be given at the previous Committee meeting or by such other means as the Committee may decide upon.
o) A member of the Committee shall cease to hold office upon resignation in writing; removal as a member of the Association; or absence from 3 successive Committee meetings without approval by the Committee .
p) The Committee may function validly provided its number is not reduced below the quorum. Should Committee numbers fall below the quorum the remaining Committee members may act only to appoint new Committee members .
q) Questions arising at any meeting of the Committee shall be decided by the majority of votes of those present. In case of an equality of votes the person appointed to chair the meeting shall have a second or casting vote.
7 GENERAL MEETINGS
a) An Annual General Meeting of the Association shall be held each year within six months from the end of the financial year of the Association (except the first Annual General Meeting which shall be held within two months from the end of the first financial year and within 18 months of incorporation).
b) At least 14 days’ notice of all general meetings and notices of motion shall be given to members. In the case of general meetings where a special resolution is to be proposed, notice of the resolution shalt be given to members at least 21 days before the meeting.
c) In the case of the Annual General Meeting the following business shall be transacted:
i) confirmation of the minutes of the last Annual deneral Meeting and any recent special general meeting;
ii) receipt of the Commtitee1s report upon the activities of the Association in the last financial year;
i) election of office bearers and other members of the Committee;
ii) receipt and consideration of a statement from the Committee which is not misleading and gives a true and fair view for the last financial year of the Association’s:
- income and expenditure
- assets and liabilities
d) The quorum for a general meeting shall be five members present in person. If within half an hour of the time appointed for a general meeting a quorum is not present the meeting shall be dissolved.
e) Voting at general meetings shall be by a show of hands unless a secret ballot is demanded. Decisions shall be made by a simple majority vote except for those matters which must be decided by special resolution where a three.quarter majority is required.
f) A member or proxy is not entitled to vote at any general meeting of the association unless all money due and payable by the memberor proxy to the association has been paid 3 months prior to A.G.M.
g) In the case of an equality of votes the person appointed to chair the generai
meting shall have a second or casting vote. . ··’.”
h) Nominations of candidates for election as office bearers or other Committee members may be made at the Annual General Meting or in such other ways as may be determined by the·A pciation at a general meeting.
i) Notice of ali general meetings shall be given to members either by post or will be advertised in the local paper.
8) OFFICE BEARERS
a) The Chairperson or, in the Chairperson;s absence, the Vice-Chair, shall act as chairperson at each general meeting and Committee meeting of the Association. ·
b) If the Chairperson and Vice-Chair are absent from a meeting or unwilling to act, the members present at the meeting shall elect one of their number at act as chairperson.
c) The Minutes Secretary shall ensure that records of the bus1ness of he Association including the rules, register of members, minutes of all general and Committee meetings. The Correspondence Secretary is to answer correspondence and ensure a file of correspondence is kept. ‘these records shall be available for inspection by any member and shall be held in the custody of each Secretary.
d) The Treasurer shall ensure that all money received by the Association is paid into an account in the Association’s name. Payments shall be made through a petty cash system or by cheque signed by two signatories authorised
by the Committee at the annual general meeting. Major or unusual expenditures shall be authorised in advance by the Committee or a general meeting.
e) fhe Treasurer shall ensure that correct books and accounts are kept showing the financial aftairs of the Association. These records shall be available for inspection by any member ad shall be held in the custody of the Treasurer.
9) SPECIAL RESOLUTION
a) A special resolution must be passed by a general meeting of the Association to effect the following changes:
i) a change of the Association’s name;
ii) a change of the Association’·s rules;
iii) a change of the Association’s objects;
iv) an amaigamation with another Incorporated Association;
v) to voluntarily wind up the Association and distribute its property;
vi) to apply for registration as a company or a Co-operative.
b) A special resoluiton shall be passed in the following manner:
i) a notice must be sent to all members advising that a general meeting is to be held to consider a special resolution;
li) the notice must give details of the proposed speciai resolution and give at least 21 daysI notice of the meeting;
iii) a quorum must be present at the meeting;
iv) at least three-quarters of those present must vote in favour of the resolution.
v) in situations where it is not possible or practicablefor a resolution to be passed as described above, a request may be made to the Business and Community Affairs Commission for permission to pass the resolution in some other way.
10) PUBLIC OFFICER
a) The Committee shall ensure that a person is appointed as Public Officer.
b) The first Public Officer shall be the person who completed the application for incorporation of the Association.
c) The Committee may at any time remove the Public Officer and appoint a new Public Office provided the person appointed is 18 years of age or older and a resident of New South Wales.
d) The Public Officer shall be deemed to have their position in the following circumstances:
iii) removal by the Committee or at a general meeting
iv) bankruptcy or financial insolvency
v) mental illness
vi) residency outside New South Wales
e) When a vacancy occurs in the position of Public Officer the Committee shall within 14 days notify the corporate Affairs Commission by the prescribed form and appoint a new Public Officer.
f) The Public Officer is required to notify the Business and Consumer Affairs by the prescribed form in the following circumstances :
i) appointment (within 14 days)
ii) a change of residential address (within 14 days)
iii) a change in the Association’s objects or rules (within one month) ·
iv) a change in the membership of the Committee (within one month)
v) of the Association’s financial affairs (within one month after the Annual General Meeting)
vi) a change in the Association’s name (within one month)
g) The Public Officer may be an office bearer, committee member, or any other person regarded as suitable for the position.by the Committee.
a) The Association shall effect and maintain insurance for a policy for a minimum of $5 million under the Associations Incorporation Act together with any other incurrence which may be required by law or regarded as necessary by the Association.
b) The funds of the Association shall be derived from the fees of members, donations, grants ad such other sources approved·by the Association.
c) the Common Seal of the Association shall be kept in the custody of the Public Officer and shall only be affixed to a document with the approvai of the Committee. The stamping of the Common Seal shall be witnessed by the signatures of two members of the Committee.
d) ihe Association may at any time pass a special resolution determining how any surplus property is to be distributed in the event that the Association should be wound up. The distribution of surplus property shall be in accordance with section 53 of the Associations Incorporation Act 1984.
e) Service of documents on the Association is effected by serving them on the Public Officer or by serving them personalty on two members of the Committee.
t) Notice sent by the post shall be deemed to have been received four days after the date of posting.
g) The income and property of the Association shall be used only for promotion of the objects of the Association and shall not be paid or transferred to members by way of dividend, bonus or profit.