Test
Posted Friday, October 29, 2004
Folk Federation of New South Wales Inc.
DRAFT
Statement of Rules
DRAFT
Part 1 Preliminary................................................................................................. 2
1 Definitions................................................................................................................. 2
Part 2
Membership.................................................................................................. 2
2 Membership qualifications..................................................................................... 2
3 Nomination for membership.................................................................................... 3
4 Cessation of membership.......................................................................................... 3
5 Membership entitlements not transferable........................................................ 4
6 Resignation of membership...................................................................................... 4
7 Register of members................................................................................................. 4
8 Fees and subscriptions............................................................................................. 4
9 Members’ liabilities................................................................................................. 5
10 Resolution of internal disputes........................................................................... 5
11 Disciplining of members......................................................................................... 5
12 Right of appeal of disciplined member................................................................ 6
Part 3
The committee............................................................................................. 7
13 Powers of the committee........................................................................................ 7
14 Constitution and membership................................................................................ 7
15 Election of members............................................................................................... 7
16 Secretary................................................................................................................. 8
17 Treasurer................................................................................................................ 8
18 Casual vacancies.................................................................................................... 9
19 Removal of member................................................................................................. 9
20 Meetings and quorum............................................................................................ 9
21 Delegation by committee to sub-committee...................................................... 10
22 Voting and decisions............................................................................................ 11
Part 4
General meeting...................................................................................... 11
23 Annual general meetings – holding of............................................................ 11
24 Annual general meetings – calling of and business at................................. 11
25 Special general meetings – calling of.............................................................. 12
26 Notice..................................................................................................................... 12
27 Procedure.............................................................................................................. 13
28 Presiding member.................................................................................................. 13
29 Adjournment......................................................................................................... 13
30 Making of decisions.............................................................................................. 14
31 Special resolution................................................................................................ 14
32 Voting..................................................................................................................... 14
33 Appointment of proxies........................................................................................ 15
Part 5
Miscellaneous......................................................................................... 15
34 Insurance............................................................................................................... 15
35 Funds – source....................................................................................................... 15
36 Funds – management............................................................................................ 15
37 Alteration of objects and rules......................................................................... 15
38 Common seal.......................................................................................................... 16
39 Custody of books.................................................................................................. 16
40 Inspection of books.............................................................................................. 16
41 Service of notices.................................................................................................. 16
42 Public Fund............................................................................................................ 17
(1) In these rules:
Commissioner means the Commissioner of the Office of Fair Trading.
ordinary member means a member of the committee who is not an office-bearer of the association, as referred to in rule 14(2).
secretary means:
(a) the person holding office under these rules as secretary of the association, or
(b) if no such person holds that office – the public officer of the association.
Special general meeting means a general meeting of the association other than an annual general meeting.
the
Act means the Associations Incorporation Act 1984.
the
regulation means the Associations Incorporation Regulation 1999.
(2) In these rules:
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.
(3) The provisions of the Interpretation Act 1987 apply to and in respect of these rules in the same manner as those provisions would so apply if these rules were an instrument made under the Act.
(1) A person is qualified to be a member of the association if, but only if:
(a) the person is a person referred to in section 15(1) (a), (b) or (c) of the Act and has not ceased to be a member of the association at any time after incorporation of the association under the Act,
or
(b) the person is a natural person:
(i) who has been nominated for membership of the association as provided by rule 3, and
(ii) who has been approved for membership of the association by the committee of the association.
(2) Family membership shall, for the interpretation of these rules, consist of two members.
(a) A family may nominate two representatives to have full voting rights at general meetings of the association.
(3) Affiliate membership shall, for the interpretation of these rules, consist of one member.
(a) An affiliated body or group may nominate one representative to have full voting rights at general meetings of the association.
(4) Life membership may be conferred on a person if a resolution to that effect is passed at a general meeting of the association.
(1) A nomination of a person for membership of the association:
(a) must be made in a form approved by the committee, and
(b) must be lodged with the secretary of the association.
(2) As soon as practicable after receiving a nomination for membership, the secretary must refer the nomination to the committee which is to determine whether to approve or to reject the nomination.
(3) As soon as practicable after the committee makes that determination, the secretary must:
(a) notify the nominee, in writing, that the committee approved or rejected the nomination (whichever is applicable), and
(b) if the committee approved the nomination, request the nominee to pay (within the period of 28 days after receipt by the nominee of the notification) the sum payable under these rules by a member as entrance fee and annual subscription.
(4) the secretary must, on payment by the nominee of the amounts referred to in clause (3) (b) within the period referred to in that provision, enter the nominee’s name in the register of members and, on the name being so entered, the nominee becomes a member of the association.
A person ceases to be a member of the association if the person:
(a) dies, or
(b) resigns membership, or
(c) is expelled from the association.
5 Membership entitlements not transferable
A right, privilege or obligation which a person has by reason of being a member of the association:
(a) is not capable of being transferred or transmitted to another person, and
(b) terminates on cessation of the person’s membership.
(1) A member of the association is not entitled to resign that membership except in accordance with this rule.
(2) A member of the association who has paid all amounts payable by the member to the association in respect of the member’s membership may resign from membership of the association by first giving to the secretary written notice of at least one month (or such other period as the committee may determine) of the member’s intention to resign and, on the expiration of the period of notice, the member ceases to be a member.
(3) If a member of the association ceases to be a member under clause (2), and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.
(1) The public officer of the association must establish and maintain a register of members of the association specifying the name and address of each person who is a member of the association together with the date on which the person became a member.
(2) The register of members must be kept at the principal place of administration of the association and must be open for inspection, free of charge, by any member of the association at any reasonable hour.
(3) A member of the association may obtain a copy of any part of the register on payment of a fee of $1 for each page copied or, if some other amount is determined by the committee, that other amount.
(1) A member of the association must, on admission to membership, pay to the association a fee of $1 or, if some other amount is determined by the committee, that other amount.
(2) In addition to any amount payable by the member under clause (1), a member of the association must pay to the association an annual membership fee of $2 or, if some other amount is determined by the committee, that other amount:
(a) except as provided by paragraph (b), before 1 May in each calendar year, or
(b) if the member becomes a member on or after 1 May in any calendar year – on becoming a member and before 1 May in each succeeding calendar year.
The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of the winding up of the association is limited to the amount, if any, unpaid by the member in respect of membership of the association as required by rule 8.
10 Resolution of internal disputes
(1) Disputes
between members (in their capacity as members) of the association, and disputes
between members and the association, are to be referred to a community justice
centre for mediation in accordance with the Community Justice Centres Act
1983.
(2) At least 7 days before a mediation session is to commence, the parties are to exchange statements of the issues that are in dispute between them and supply copies to the mediator.
(1) A complaint may be made to the committee by any person that a member of the association:
(a) has persistently refused or neglected to comply with a provision or provisions of these rules, or
(b) has persistently and wilfully acted in a manner prejudicial to the interests of the association.
(2) On receiving such a complaint, the committee:
(a) must cause notice of the complaint to be served on the member concerned; and
(b) must give the member at least 14 days from the time the notice is served within which to make submissions to the committee in connection with the complaint, and
(c) must take into consideration any submissions made by the member in connection with the complaint.
(3) The committee may, by resolution, expel the member from the association or suspend the member from membership of the association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.
(4) If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the committee for having taken that action and of the member's right of appeal under rule 12.
(5) The expulsion or suspension does not take effect:
(a) until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or
(b) if within that period the member exercises the right of appeal, unless and until the association confirms the resolution under rule 12(5),
whichever is the latter.
12 Right of appeal of disciplined member
(1) A member may appeal to the association in general meeting against a resolution of the committee under rule 11, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.