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Constitution


NSW Federation of Housing Associations Inc.
Incorporated: Twenty-Ninth of July, 1993

 Last amended: April 2011

PART 1- PRELIMINARY                                      
1.         INTERPRETATION
                                         
PART II - MEMBERSHIP                                           
2.         MEMBERSHIP                                                    
3.         APPLICATIONS FOR  MEMBERSHIP              
4.         CESSATION OF MEMBERSHIP                  
5.         MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE        
6.         RESIGNATION OF MEMBERSHIP              
7.         REGISTER OF MEMBERS                        
8.         FEES, SUBSCRIPTIONS ETC.                             
9.         MEMBERS’ LIABILITIES                                    
9.A       RESOLUTION OF INTERNAL DISPUTES       
10.       DISCIPLINING OF MEMBERS                          
11.       RIGHT OF APPEAL OF DISCIPLINED MEMBER    
      
PART III - BOARD OF DIRECTORS                 
12.       POWERS, ETC. OF BOARD OF DIRECTORS   
13.       CONSTITUTION AND MEMBERSHIP            
14.       ELECTION OF MEMBERS             
15.       SECRETARY                                                        
16.       TREASURER                                                  
17.       CASUAL VACANCIES                                    
18.       REMOVAL OF MEMBER                              
19.       MEETINGS AND QUORUM                            
20.       DELEGATION BY COMMITTEE TO SUB-COMMITTEE           
21.       VOTING AND DECISIONS    
                             
PART IV - GENERAL MEETINGS                        
22.       ANNUAL GENERAL MEETINGS - HOLDING OF    
23.       ANNUAL GENERAL MEETINGS -  CALLING OF AND BUSINESS AT     
24.       SPECIAL GENERAL MEETINGS- CALLING OF
25.       NOTICE                                                          
26.       PROCEDURE                                                
27.       PRESIDING MEMBER                                         
28.       ADJOURNMENT                                                
29.       MAKING OF DECISIONS                               
30.       SPECIAL RESOLUTION                              
31.       VOTING                                                         
32.       APPOINTMENT OF PROXIES    
                
PART V - MISCELLANEOUS                                      
33.       INSURANCE                                                         
34.       FUNDS - SOURCE                                           
35.       FUNDS - MANAGEMENT                                   
36.       ALTERATION OF OBJECTS AND RULES       
37.       COMMON SEAL                                                  
38.       CUSTODY OF BOOKS ETC.                             
39.       INSPECTION OF BOOKS ETC.                         
40.       SERVICES OF NOTICES                               
41.       SURPLUS PROPERTY          
                             
PART VI - ADDITIONAL RULES APPLICABLE TO CHARITIES  
42.       APPLICATION OF PART                                     
43.       PAYMENT ETC. OF OFFICE-BEARERS AND MEMBERS           
44.       VACATION OF OFFICE                                      
45.       SURPLUS PROPERTY                                         
46.       NOTIFICATION OF PROPOSED ALTERATION OF RULES         
47.       COMPLIANCE WITH CHARITABLE COLLECTIONS ACT, 1934 1



1. INTERPRETATION
In these rules, except in so far as the context or subject matter otherwise indicates or requires - “ordinary member” means a member of Board of Directors who is not an office-bearer of the association, as referred to in rule 13(2);
“secretary” means -
the person holding office under these rules as secretary of the association; or
where no such person holds that office- the public officer of the association;
“special general meeting” means a general meeting of the association other than annual general meeting;
“the Act” means the Associations Incorporation Act, 1984;
“the Regulation” means the Associations Incorporation Regulation, 1985.
In these rules -
a reference to a function includes a reference to a power, authority and duty; and
a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty
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.

2. MEMBERSHIP
The members of the association will be organisations and individuals:

(1)   There will be three classes of members:

(a)    A Full member will be a community based housing organisation operating in NSW whose core activity is the direct provision of long-term social housing OR which is registered as a class 1 or class 2 provider under the NSW Housing Regulation 2009;


(b)   An Affiliate Member will be a community based organisation that: Provides housing but this is not the core activity of the organisation; OR Provides housing but is not registered as a class 1 or class 2 provider under the NSW Housing Regulation 2009; OR Provides housing, either as a core activity or not, but not in NSW;


(c)    An Associate Member will be an organisation or individual with an interest in community housing.


Each Full Member will be represented by one delegate appointed by and nominated in writing by the organisation member.  This representative shall be known as the organisation member’s delegate.  The delegate shall be notified to the association’s Annual General Meeting.
Each class of Member has different rights:
All members shall be entitled to attend and participate in general meetings.
Full Members shall be entitled to propose and second motions and vote at general meetings and their delegates may nominate for election to Board of Directors
Affiliate Members shall be entitled to receive the Annual Report and such publications as shall be determined by Board of Directors from time to time, and participate at general meetings except they do not have a vote.  Their delegates may not nominate for election to Board of Directors.
Associate Members shall be entitled to receive such publications as shall be determined by Board of Directors from time to time.
An organisation or individual is qualified to be a member of the association if, but only if they have been nominated for membership of the association as provided by rule 3; and been approved for membership of the association by Board of Directors.

3. APPLICATIONS FOR  MEMBERSHIP
Applications  for membership of the association -
shall be made on the prescribed form as determined by Board of Directors;
(section removed Aug 2001)
shall be lodged with the secretary of the association.
As soon as practicable after receiving an application for membership, the secretary shall refer the application to Board of Directors which shall determine whether to approve or to reject the application.
Where Board of Directors determines to approve a nomination for membership, the secretary shall, as soon as practicable after that determination, notify the nominee of that approval and request the nominee to pay the prescribed fee as determined by Board of Directors within the period of 28 days after receipt by the nominee of the notification.
Where Board of Directors does not approve membership, the secretary shall, as soon as practicable after that determination, notify the nominee that the approval was not given.
The secretary shall, on approval of membership and payment by the member of the amounts referred to in clause (3), enter the nominee’s name in the register of members and, upon the name being so entered, the applicant becomes a member of the association.

4. CESSATION OF MEMBERSHIP
An organisation or individual ceases to be a member of the association if the organisation or individual -
dies (if the member is an individual)
resigns that membership;
is expelled from the association,
If any member’s membership fees are in arrears for 3 months, the Secretary shall send the member notice, with a request for immediate payment.  If the subscription is not paid within 2 months Board of Directors may remove the member’s name from the register of members.
is wound up or ceases to exist (if the member is an organisation).

5. MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE
A right, privilege or obligation which an  organisation or individual has by reason of being a member of the association:
is not capable of being transferred or transmitted to another organisation or individual; and
terminates upon cessation of the organisation’s or individual’s membership.

6. RESIGNATION OF MEMBERSHIP
A member of the association is not entitled to resign that membership except in accordance with this rule.
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  the association by first giving notice (being not less than 1 month or not less than such other period as Board of Directors may determine) in writing to the secretary of the member’s intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.
Where a member of the association ceases to be a member pursuant to clause (2), and in every other case where a member ceases to hold membership, the secretary shall make an appropriate entry in the register of members recording the date on which the member ceased to be a member.

7. REGISTER OF MEMBERS
The public officer of the association shall establish and maintain a register of members of the association specifying the name and address of each organisation or individual who is a member of the association together with the date on which the organisation or individual became a member.
The register of members shall be kept at the principal place of administration of the association and shall be open for inspection, free of charge, by any member of the association at any reasonable hour.

8. FEES, SUBSCRIPTIONS ETC.
A member of the association shall upon admission to membership, pay to the association a fee of $1 or, whether some other amount is determined by Board of Directors, of that other amount.
In addition to any amount payable by the member under clause (1), a member of the association shall pay to the association an annual membership fee of $2, or, where some other amount determined by Board of Directors, of that other amount -
except as provided by the paragraph (b), before 1st July in each calendar year; or
where the member becomes a member on or after 1st July any calendar year - upon becoming a member and before 1st July in each succeeding calendar year.

9. MEMBERS’ LIABILITIES
The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the cost, 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.

9.A 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.

10. DISCIPLINING OF MEMBERS
Where Board of Directors is of the opinion that a member of the association -
has persistently refused or neglected to comply with a provision or provisions of these rules; or
has persistently and wilfully acted in a manner prejudicial to the interests of the association,
Board of Directors may, by resolution -
expel the member from the association; or
suspend the member from membership of the association for a specified period.
A resolution of  Board of Directors under clause (1) is of no effect unless the Board of Directors, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under clause (3), confirms the resolution in accordance with this rule.
      Where  Board of Directors passes a resolution under clause (1), the secretary shall, as soon as practicable, cause a notice in writing to be served on the member-
setting out the resolution of Board of Directors and the grounds on which it is based;
stating that a delegate of the member may address Board of Directors at a meeting to be held no earlier than 14 days and not later than 28 days after service of the notice;
stating the date, place and time of that meeting; and
informing the member that the member may do either or both of the following:
attend and speak at that meeting;
submit to Board of Directors at or prior to the date of that meeting written representations relating to the resolution.
      At a meeting of Board of Directors held as referred to in clause (3), Board of Directors shall-
give to the member an opportunity to make oral representations;
give due consideration to any written representations submitted to Board of Directors by the member at or prior to the meeting; and
by the resolution determine whether to confirm or to revoke the resolution.
Where Board of Directors confirms a resolution under clause (4), the secretary shall, within 7 days after that confirmation, by notice in writing inform the member of the fact and of the member’s right of appeal under rule 11.
A resolution confirmed by Board of Directors under clause (4) does not take effect -
until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; of
where within that period the member exercises the right of appeal, unless and until the association confirms the resolution pursuant to rule 11(4).

11. RIGHT OF APPEAL OF DISCIPLINED MEMBER
A member may appeal to the association in general meeting against a resolution of Board of Directors which is confirmed under rule 10(4), within 7 days after notice of the resolution is served on the member by lodging with the secretary a notice to that effect.
Upon receipt of a notice from a member under clause(1), the secretary shall notify Board of Directors which shall convene a general meeting of the association to be held within 21 days after the date on which the secretary received the notice.
At a general meeting of the association convened under clause(2)-
no business other than the question of the appeal shall be transacted;
Board of Directors and the member shall be given the opportunity to state their respective cases orally or in writing, or both; and
the members present shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
If at the general meeting the association passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

12. POWERS, ETC. OF BOARD OF DIRECTORS
The executive committee shall be called the Board of Directors of the association and, subject to the Act, the Regulation and these rules and to any resolution passed by the association in general meeting-
shall control and manage the affairs of the association;
may exercise all such functions as may be exercised by the association other than those functions that are required by these rules to be exercised by a general meeting of members of the association; and
has power to perform all such acts and do all such things as appear to Board of Directors to be necessary or desirable for the proper management of the affairs of the association.

13. CONSTITUTION AND MEMBERSHIP
Subject in the case of the first members of Board of Directors to section 21 of the Act, Board of Directors shall consist of-
the office-bearers of the association; and
5 ordinary members, each of whom shall be elected at the annual general meeting of the association pursuant to rule 14.
The office-bearers of the association shall be-
the president;
the vice-president;
the treasurer; and
the secretary.
Each member of Board of Directors shall, subject to these rules, hold office until the conclusion of the second annual general meeting following the date of the member’s election.  Members standing down will be eligible for re-election, with the following exception: no office- bearer shall be allowed to hold the same position for more than 4 consecutive years.
In the event of a casual vacancy occurring in the membership of Board of Directors, Board of Directors may appoint a delegate of a member of the association to fill the vacancy and the delegate  so appointed shall hold office, subject to these rules, until the conclusion of the annual general meeting at which Board of Directors member who had vacated the position would have stepped down.

14. ELECTION OF MEMBERS
Nominations of candidates for election as office-bearers of the association or as ordinary members of Board of Directors-
shall be made in writing, signed by delegates of 2 Full Members of the association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and
shall be delivered to the secretary of the association not less than 35 days before the date fixed for the holding of the annual meeting at which the election is to take place.
If insufficient nominations are received to fill all vacancies on Board of Directors, the candidates nominated shall be deemed to elected and further nominations shall be received at the annual general meeting.
If insufficient further nominations are received, any vacant positions remaining on Board of Directors shall be deemed to be casual vacancies.
If the number of nominations received is equal to the number of vacancies to be filled, the person nominated shall be deemed to be elected.
If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.
The ballot for the election of office-bearers and ordinary members of Board of Directors shall be conducted by postal ballot and at the annual general meeting in such usual and proper manner as Board of Directors may direct.
A nomination of a candidate for election under this clause is valid for election as an ordinary member if that candidate has been nominated for election to another office at the same election.  (changed 31/7/97)

15. SECRETARY
The secretary of the association shall, as soon as practicable after being appointed as secretary, lodge notice with the association of his or her address.
It is the duty of the secretary to keep minutes of -
all appointment of office-bearers and members of Board of Directors;
the names of members of Board of Directors present at a committee meeting or a general meeting; and
all proceedings at committee meetings and general meetings.
Minutes of proceedings at a meeting shall be signed by the chairperson of the meeting or by the chairpersonof the next succeeding meeting.

16. TREASURER
It is the duty of the treasurer of the association to ensure that -
all money due to the association is collected and received and that all payments authorised by the association are made; and
correct books and accounts are kept showing the financial affairs of the association including full details of all receipts and expenditure connected with the activities of the association.

17. CASUAL VACANCIES
For the purposes of these rules, a casual vacancy in the office of a member of Board of Directors occurs if the member -
dies;
ceases to be involved in community housing provision
becomes an insolvent under administration within the meaning of Corporations Law;
resigns office by notice in writing given to the secretary;
is removed from office under rule 18;
becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health; or
is absent without the consent of Board of Directors from all meetings of Board of Directors held during a period of 6 months.

18. REMOVAL OF MEMBER
The association in a general meeting may by resolution remove any member of Board of Directors from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office and may by resolution appoint another person to hold until the expiration of the term of office of the member so removed.
Where a member of Board of Directors to whom a proposed resolution referred to in clause (1) relates makes representations in writing to the secretary or president(not exceeding a reasonable length) and requests that the representations be notified to the members of the association, the secretary or the president may send a copy of the representations to each member of the association or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.

19. MEETINGS AND QUORUM
Board of Directors shall meet at least 3 times in each period of 12 months at such place and time as Board of Directors may determine.
Additional meetings of Board of Directors may be convened by the president or by any member of Board of Directors.
Oral or written notice of a meeting of Board of Directors shall be given by the secretary to each member of Board of Directors at least 48 hours (such other period as may be unanimously agreed upon by the members of Board of Directors) before the time appointed for the holding of the meeting.
Notice of a meeting given under clause (3) shall specify the general nature of the business to be transacted at the meeting and no business other than that business shall be transacted at the meeting, except business which Board of Directors members present at the meeting unanimously agree to treat as urgent business.
Any 3 members of Board of Directors constitute a quorum for the transaction of the business of a meeting of Board of Directors.
No business shall be transacted by Board of Directors 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.
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.
At a meeting of Board of Directors -
the  president or, in the president’s absence, the vice-president, shall preside; or
if the president and the vice-president are absent or unwilling to act such one of the remaining members of Board of Directors as may be chosen by the members present at the meeting shall preside.

20. DELEGATION BY COMMITTEE TO SUB-COMMITTEE
Board of Directors may, by instrument in writing, delegate to one or more sub-committees(consisting of such member or members of the association as Board of Directors thinks fit) the exercise of such of the functions of Board of Directors as are specified in the instrument, other than-
this power of delegation; and
a function which is a duty imposed on Board of Directors by the Act or by any other law.
A function the exercise of which has been delegated to a sub-committee under this rule may, while the delegation remains unrevoked, be exercised from the time to time by the sub-committee in accordance wit the terms of the delegation.
A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function the subject thereof, or as to time or circumstances, as may be specified in the instrument of delegation.
Notwithstanding any delegation under this rule, Board of Directors may continue to exercise any function delegated.
Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by Board of Directors.
Board of Directors may, by instrument in writing, revoke wholly or in part any delegation under this rule.
A sub-committee may meet and adjourn as it thinks proper.

21. VOTING AND DECISIONS
Questions arising at a meeting of Board of Directors or of any sub-committee appointed by Board of Directors shall be determined by a majority of the votes of members of Board of Directors or sub-committee present at the meeting.
Each member present at a meeting of Board of Directors or of any sub-committee appointed by Board of Directors(including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
Subject to rule 19(5), Board of Directors may act notwithstanding any vacancy on Board of Directors.
Any act or thing done or suffered, or purporting to have been done or suffered, by Board of Directors or by a sub-committee appointed by Board of Directors, is valid and effectual notwithstanding any defect that may afterwards by discovered in the appointment or qualification of any member of Board of Directors or sub-committee.

22. ANNUAL GENERAL MEETINGS - HOLDING OF
With the exception of the annual general meeting of the association, the association shall, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the association, convene an annual general meeting of its members.
The association shall hold its first annual general meeting -
within the period of 18 months after its incorporation under the Act; and
within the period of 6 months after the expiration of the first financial year of the association.
Clauses (1) and (2) have effect subject to any extension or permission granted by the Commission under section 26(3) of the Act.

23. ANNUAL GENERAL MEETINGS - CALLING OF AND BUSINESS AT
(1)   The annual general meeting of the association shall, subject to the Act and to rule 22, be convened on such date and at such place and time as the Board of Directors thinks fit.
(2)   In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting shall be -
(a)    to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting;
(b)   to receive from the Board of Directors reports upon the activities of the association during the last preceding financial year;
(c)    to elect office-bearer of the association and ordinary members of the Board of Directors; and
(d)   to receive and consider the statement which is required to be submitted to members pursuant to section 26(6) of the Act.
(3)   An annual general meeting shall be specified as such in the notice convening it.



24. SPECIAL GENERAL MEETINGS- CALLING OF
Board of Directors may, whenever it thinks fit, convene a special general meeting of the association.
Board of Directors shall, on the requisition in writing of not less than 5 per cent of the total number of members, convene a special general meeting of the association.
A requisition of members for a special general meeting -
shall state the purpose or purposes of the meeting;
shall be signed by the delegates of members making the requisitions;
shall be lodged with the secretary; and
may consist of several documents in a similar form, each signed by one or more of the members making the requisition.
If Board of Directors fails to convene a special general meeting to be held within 1 month after the date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.
A special general meeting convened by a member or members as referred to in clause (4) shall be convened as nearly as is practicable in the same manner as general meetings are convened by Board of Directors and any member who thereby incurs expense is entitled to be reimbursed by the association for any expense so incurred.

25. NOTICE
Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary, shall, at least 14 days before the date fixed for the holding of the general meeting, cause to be sent by pre-paid post to each member at the member’s address appearing in the register of members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary shall, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be sent to each member in the manner provided in clause (1) specifying, in addition to the matter required under clause (1), the intention to propose the resolution as a special resolution.
No business other than that specified in the notice convening a general meeting shall be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to rule 23(2).
A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary, who shall include that business in the next notice calling a general meeting given after receipt of the notice from the member.

26. PROCEDURE
No item of business shall be transacted at a general meeting unless a quorum of members entitled under the rules to vote is present during the time the meeting is considering that item.
Five members present in person (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the following week at the time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.
If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than 3) shall constitute.

27. PRESIDING MEMBER
The president or, in the president’s absence, the vice-president, shall preside as chairperson at each general meeting of the association.
If the President and the vice-president are absent from the general meeting or unwilling to act, the members present shall elect one of their number to preside as chairperson at the meeting.

28. ADJOURNMENT
The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
Where a general meeting is adjourned for 14 days or more, the secretary shall give written or oral notice of the adjourned meeting to each member of the association stating the place, date and the time of the meeting and the nature of the business to be transacted at the meeting.
Except as provided in clauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting at adjourned meeting is not required to be given.

29. MAKING OF DECISIONS
A question arising at a general meeting of the association shall be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.
At a general meeting of the association, a poll may be demanded by the chairperson or by not less than 3 members present in person or by proxy at the meeting.
Where a poll is demanded at a general meeting, the poll shall be taken -
immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment; or
in any other case, in such manner and at such time before the close of the meeting as the chairperson directs, the resolution of the poll on the matter shall be deemed to be resolution of the meeting of that matter.

30. SPECIAL RESOLUTION
A resolution of the association is a special resolution if -
it is passed by a majority which comprises not less than three-quarters of such members of the association as, being entitled under these rules so to do, vote in person or by proxy at a general meeting of which not less than 21 days’ written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules; or
where it is made to appear to the Commission that it is not possible or practicable for the resolution to be passed in the manner specified in paragraph (a) - the resolution is passed in a manner specified by the Commission.

31. VOTING
Upon any question arising at a general meeting of the association, a Full Member has one vote only.
All votes shall be given personally through an authorised delegate or by proxy but no delegate may hold more than 5 proxies.
In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
A member or proxy is not entitled to vote at any general meeting of the association unless all money due and payable by the member or proxy to the association has been paid, other than the amount of the annual subscription payable in respect of the then current year.

32. APPOINTMENT OF PROXIES
Each member shall be entitled to appoint the delegate of another member as proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
The notice appointing the proxy shall be in the form set out in Appendix 2 to these rules.

33. INSURANCE
The association shall effect and maintain insurance pursuant to section 44 of the Act.
In addition to the insurance required under clause (1), the association may effect and maintain other insurance.

34. FUNDS - SOURCE
The funds of the association shall be derived from the entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the association in general meeting, such other sources as Board of Directors determines.
All money received by the association shall be deposited as soon as practicable and without deduction to the credit of the association’s bank account.
The association shall, as soon as practicable after receiving any money, issue an appropriate receipt.

35. FUNDS - MANAGEMENT
Subject to any resolution passed by the association in general meeting, the funds of the association shall be used in pursuance of the objects of the association in such manner as Board of Directors determines.
All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any 2 members of Board of Directors or employees of the association, being members or employees authorised to do so by Board of Directors.

36. ALTERATION OF OBJECTS AND RULES
The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the association.

37. COMMON SEAL
The common seal of the association shall be kept in the custody of the public officer.
The common seal shall not be affixed to any instrument except by the authority of Board of Directors and the affixing of the common seal shall be attested by the signatures either of 2 members of Board of Directors or of 1 member of Board of Directors and of the public officer or secretary.

38. CUSTODY OF BOOKS ETC.
Except as otherwise provided by these rules, the public officer shall keep in his or her custody or under his or her control all records, books and other documents relating to the association.

39. INSPECTION OF BOOKS ETC.
The records, books and other documents of the association shall be open to inspection, free of charge, by a member of the association at any reasonable hour.

40. SERVICES OF NOTICES
For the purpose of these rules, a notice may be served by or on behalf of the association upon any member either personally or by sending it by post to the member at the member’s address shown in the register of members.
Where a document is sent to an organisation or individual by properly addressing, prepaying and posting to the organisation or individual a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these rules to have been served on the organisation or individual at the time at which the letter would have been delivered in the ordinary course of post.

41, SURPLUS PROPERTY
Omitted by amendment to the Associations Incorporation Act, 1984.

42. APPLICATION OF PART
This Part applies where the association is registered under or is exempted from the registration by or under the Charitable Collections Act, 1934.

43. PAYMENT ETC. OF OFFICE-BEARERS AND MEMBERS
A member of Board of Directors shall not be appointed to any salaried office of the association or any office of the association paid by fees, and no remuneration or other benefit in money or money’s worth shall be given by the association to any member of Board of Directors except:
repayment of out of pocket expenses;
interest at a rate not exceeding interest at the rate for the time being which is or would be charged by the association’s bankers for money lent to the association; and
reasonable and proper rent for premises let to the association.

44. VACATION OF OFFICE
Without limiting the operation of rule 17, the office of a member of Board of Directors shall be deemed vacant if -
the member holds an office of profit in the association;
the member is directly or indirectly interested in any contract or proposed contract with the association.

45. SURPLUS PROPERTY
                     Omitted by amendment to the Associations Incorporation Act 1984.

46. NOTIFICATION OF PROPOSED ALTERATION OF RULES
A proposed alteration of the rules or of the statement of objects of the association shall be notified to the Minister administering the Charitable Collections Act, 1934, in the manner required by the regulations under that Act.

47. COMPLIANCE WITH CHARITABLE COLLECTIONS ACT, 1934
The association shall comply with such of the provisions of the Charitable Collections Act, 1934, and the regulations thereunder as are applicable to it.


 

 

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