AMIDA Constitution
Table
of Contents
Item
1. Name 2
2. Objectives 2
3. Definitions 3
1. Membership 4
2. Entrance
fee and Annual subscription 4
3. Register
of Members 5
4.-5. Resignation
and expulsion of Members 5
6. The
Annual General Meeting 6
7.-8. Special
General Meetings 7
9. Notice
of Meetings 8
10.-17. How
General Meetings are to be held 8
18.-20. The
Committee of Management 9
21. Election
of Committee Members and Officers 11
22. How
the Committee works 11
23. Secretary 12
24. Treasurer 12
25. Removal
of a member of the Committee 13
26. Cheques 13
27. Seal 13
28. Alteration
of Rules and statement of Purposes 13
29. Notices 13
30. Winding
up or cancellation 13
31. Custody
of Records 14
32. Funds 14
33. Income
an Property 14
Appendix 1 Application
for membership of AMIDA
Appendix 2 Form
to Appoint Proxy
1. Name.
The
name of the incorporated association is AMIDA (called the Association and
AMIDA in this statement of Purposes and in the Rules.)
2. Objectives.
The
objectives are as follows:-
(i) To
be informed of current housing needs of people with intellectual disabilities
and to lobby for safe, secure and affordable housing.
(ii) To
foster the personal development and self-help skills of members, and
undertake regular reviews of members participation.
(iii) To
develop the management skills of people with intellectual disabilities on the
Committee and to encourage representation by people with intellectual
disabilities on the Committee to exceed 50% of Committee members.
(iv) To
maintain on-going liaison and consultation with people with intellectual
disabilities.
(v) To
liaise with government agencies, and interested community organisations and
persons to improve services for people with intellectual disabilities.
(vi) To
promote and develop policy and planning for people with intellectual
disabilities.
(vii) To
foster local community support, acceptance and involvement of people with
intellectual disabilities.
(viii) To
work with community organisations to ensure they are accessible to people with
intellectual disabilities.
(ix) To
ensure that people with intellectual disabilities who participate in AMIDA gain
and maintain control of their own lives.
(x) To
implement the preceding objectives in accordance with the policy that the organization
shall be non-sectarian and non-political and that it takes no position in
public affairs except in regard to matters concerning people with intellectual
disabilities.
3. Definitions.
In
this Statement of Purposes and in the Rules of the Association:-
Committee
means the Committee of Management of the Association.
Financial
Year means the year ending on 30th June.
General
Meeting means a general meeting held as in Rule 10.
Member
means a Member of the Association.
The
Act means the Association Incorporation Act 1981.
The
Regulations means the Regulations under the Act.
Words
and expressions contained in this Statement of Purposes and in the Rules shall
be interpreted in accordance with Acts Interpretation Act 1958 and the Act as
in force.
AMIDA
1. Membership.
1.1 A
natural person who supports the objectives of the Association and who is
approved as a member (as set out in these rules), is eligible to be a member on
payment of the entrance fee and annual subscription payable under these rules.
1.2 A
person shall not become a member unless her/his membership is approved by the
Committee.
1.3 An
application by a person for membership of the Association:-
(i)
Will be made in writing in the form set out in Appendix 1.
(ii)
Shall be lodged with the Secretary of the Association.
1.4 The
Secretary shall refer the application to the Committee as soon as possible.
1.5 The
Committee shall decide whether to accept or reject the application.
1.6 If
the application is approved, the Secretary will notify the person in writing as
soon as possible, and request payment of the entrance fee and annual
subscription within twenty-eight days.
1.7 The
Secretary shall enter the persons name in the register of members and then the
person becomes a member of the Association.
1.8 A
right or responsibility of a person due to his/her membership:-
(a)
cannot be transferred to another person.
(b)
stops when his/her membership stops.
2. Entrance fee and Annual
Subscription.
The entrance fee and annual subscription and the
methods for its collection shall be fixed by the Committee.
3. Register of Members.
3.1 The
Secretary shall keep and maintain a register of members in which shall be
entered the full name, address and date of entry of the name of each member.
3.2 The
register shall be available for inspection by members at the address of the
Public Officer.
4.-5 Resignation and expulsion of Members.
4.1 A
member may resign from the Association by giving one months notice in writing
to the Secretary or at a general meeting of his/her intention to resign and
then will not be a member when the said one month notice period has passed.
4.2 The
Secretary will record the date that the person ceased to be a member in the
register, after the said one month period has passed.
5.1 The
Committee may make a resolution to:-
(a)
Expel a member from the Association.
(b)
Suspend a member from the Association for a specified period, if the Committee
believes that the member:-
(i) has refused or neglected to comply with the
rules
(ii)
has behaved in a way which is detrimental to the Association
5.2 A
resolution under clause 5.1 must be confirmed at a meeting held between 14 and
28 days after notice is given to the member of the resolution as set out in
5.3.
5.3 Where
the Committee passes a resolution under 5.1 the Secretary shall give to the
member verbal notice and notice in writing:-
(a) Setting out the resolution of the Committee and
the grounds on which it is based
(b) Stating
that the member may address the Committee at a meeting
© Stating the date, time and place of that
meeting
(d) Inform the
member that they may:-
(i) Attend
the meeting
(ii) Give the
Committee before that date a written statement requesting the Committee to revoke
the resolution
(iii) Not less than 24 hours before the meeting, give
the Secretary a notice of the members intention to appeal against the
expulsion to a General Meeting.
5.4 At
any meeting under clause 5.2 the Committee:-
(a) Shall give the member or members advocate the
opportunity to be heard.
(b) Shall consider any written statement made by the
member.
© Shall by resolution decide whether to
confirm or revoke the resolution.
5.5 Where
the Secretary received a notice of a members intention to appeal as in
5.3(d)(iii) he/she shall notify the Committee and the Committee shall hold a
general meeting within 21 days after the notice is received.
5.6 At
the general meeting:-
(a)
There shall be no other business other than the appeal.
(b) The Committee shall give the details of, and the
grounds for the resolution.
© The member shall be given the opportunity to
be heard.
(d) The members
shall vote by secret ballot as to whether the resolution shall be confirmed or
revoked.
5.7 At
the general meeting, the resolution is confirmed if two-thirds of the members
vote in person or in proxy in favour of the resolution.
6. The Annual General Meeting.
6.1 The
Association shall hold an annual general meeting of its members in each
calendar year.
6.2 The
Committee shall decide the date of the meeting.
6.3 The
notice of the meeting shall specify it as the Annual General Meeting.
6.4 The
ordinary business of the meeting shall be to:-
(a) Confirm the
minutes of the last annual general meeting.
(b) To elect
committee members.
© To receive and consider the statement
submitted by the Association according to Section 30(3) of the Act.
6.5 At
the annual general meeting he audited accounts of the organization shall be put
forward. The auditor will be appointed by the Committee and shall be a
qualified Accountant who is not an employee or Committee member of the
organization.
6.6 The
annual general meeting may have special business of which notice has been given
in the manner provided in these rules.
The
annual general meeting may have special business of which notice has been given
in the manner provided in these rules.
6.7 The
annual general meeting shall be in addition to any other general meetings held
in the same year.
7.-8 Special General Meetings.
7.1 All
general meetings other than annual general meetings will be called special
general meetings.
8.1 The
Committee may call a special general meeting whenever
/or it
thinks fit, and when there is more than fifteen months between annual general
meetings.
8.2 The
Committee shall call a special general meeting if requested in writing by not
less than 5% of the members.
8.3 (a) The request for the special general meeting
shall state the objects of the meeting and shall be signed by the necessary
number of members.
(b) The request shall be sent to the Secretary.
8.4 If
the Committee does not hold a meeting within one month after the request was
sent to the Secretary then not less than 5% of the members may call and hold
the special meeting within 3 months of that date.
8.5 A
special general meeting convened by members shall be held in the same way as
meetings held by the Committee and all reasonable expenses incurred in holding
the meeting shall be refunded by the Association.
9. Notice of Meeting.
9.1 The
Secretary shall ensure that a notice of a general meeting of the Association
will be sent to every member at least 14 days before the date of the meeting,
stating the place, date and time of the meeting, and the business to be done.
9.2 No
other business will be transacted at the meeting unless agreed by the meeting.
9.3 A
member who wishes to bring any business to a meeting must do so by the methods
that the Committee determines.
10.-17 How General Meetings are to be held.
10.1 All
business which is done at special general meetings and annual general meetings
apart from the ordinary business as set out in these rules shall be special
business.
10.2 No
business will be done unless there is a quorum of members present.
10.3 A
quorum shall consist of not less than 10 of the members for all general
meetings.
10.4 If
within half an hour after the time for the start of the meeting, a quorum is
not present, then the meeting shall be:-
(a) Dissolved if convened by members;
(b) Adjourned to the same time, day and place the
week following the date the meeting is adjourned.
© If at the adjourned meeting, the quorum is
not present at the time of the start of the meeting, the members present (not
being less than 10), shall be a quorum.
11.1 The
Committee shall determine the member to be the Chairperson/s for each general
and special meeting of the Association.
12.1 The
Chairperson of a general meeting at which a quorum is present, may with the
consent of the meeting, a quorum the meeting but no business other than the
business left undone may be done at the time at which the meeting is
re-convened.
13.1 A
question at a general meeting will be determined by a show of hands, unless a
poll is demanded.
13.2 A
resolution will be seen to have been carried if declared by the Chairperson and
entered into the minutes of the Association.
14.1 A
member has one vote only on any question.
14.2 All
votes will be given in person or by proxy.
14.3 In
the case of equality of votes, the question will be seen as being unresolved.
15.1 If
a poll is demanded by the majority of members then it shall be taken in a way
that the Chairperson with the consent of the meeting directs.
15.2 A
poll that is demanded on the election of the Chairperson or on a question of
adjournment shall be taken immediately and a poll on any other issue, before
the end of the meeting at a time determined by the meeting.
16.1 A
member is not entitled to vote unless all money payable to the Association has
been paid.
17.1 Each
member shall be entitled to appoint another member as her/his proxy by notice
given to the Chairperson before the time of the meeting.
17.2 The
notice appointing the proxy will be in the form set out in Appendix 2.
18.-20 The Committee of Management.
18.1 The
affairs of the Association will be managed by a Committee of Management as
provided in Rule 20.
18.2 The
Committee:-
(a) shall control and manage the affairs of the
Association, and
(b) may, subject to these rules, the regulations
and the Act, perform all such acts as appear to the Committee to be essential
for the proper management of the Association.
19.1 The
officers of the Association shall be:-
(a) A Chairperson,
(b) A Treasurer, and
© a Secretary.
19.2 The
provisions of Rule 22 apply with appropriate modifications to the elections of
persons as officers.
19.3 Each
officer shall hold office until the next annual general meeting after hi/her
election but is eligible for re-election.
19.4 In
the event of a casual vacancy the Committee may appoint one of its members to
the vacant office up to and including the next annual general meeting.
20.1 The
Committee may consist of no more than sixteen members according to the
following rules:-
(a) no less than 8 positions on the Committee
will be held by people with intellectual disabilities.
(b)
Parents of people with intellectual disabilities will occupy no more than four
positions on the Committee.
© Representatives of the state and federal
government department that has primary responsibility for services for people
with intellectual disabilities will not hold any positions.
(d) Persons employed by the Association and/or
whose employment is managed by the Association will not hold any positions on
the Committee of Management.
20.2 Each
ordinary member of the Committee shall hold office until the second annual
general meeting after her/his election but shall be eligible for re-election.
20.3 In
the event of a casual vacancy in the office of an ordinary member of the
committee, the committee shall appoint a member of the Association to fill the
vacancy until the next Annual General Meeting.
20.4 The
Committee may at any time appoint a sub-Committee consisting of members of
their own body and decide the tasks of that sub-Committee. The Committee shall
have the power to co-opt persons to joint the sub-Committee in an advisory
capacity but no such co-opted person shall be entitled to vote. The quorum for
such meetings shall be one-third of its members.
21. Election of Committee Members and
Officers.
21.1 Nomination
of candidates for election is:-
(a) Members of the Committee of the Association
shall be called for prior to the holding of the elections at the annual general
meeting.
(b) Officers of the Association shall be called
for at the first Committee meeting after the annual general meeting.
21.2 If
the number of nominations received is equal to the number of vacancies, then
the persons nominated shall be deemed to be elected if approved by the meeting.
21.3 If
the number of nominations received is greater than the number of vacancies then
an election shall be held.
21.4 The
election shall be held in the way the meeting directs.
21.5 A
candidate may only fill one position or office.
21.6 The
quorum at any meeting to elect the Committee will be one quarter of those in
attendance at the meeting who are eligible to vote.
21.7 The
position of an officer or member of the Committee will become vacant:-
(a) If the officer or member ceases to be a
member.
(b) If the officer or member dos not attend three
consecutive meetings without a reasonable excuse for their absence.
22. How the Committee works.
22.1 The
Committee shall meet at least six times in each year at such places and times
as the Committee shall decide.
22.2 Special
meetings may be convened by any four of the members of the Committee.
22.3 Notice
shall be given of any special meeting specifying the general nature of the
business to be done and no other business will be done unless agreed by the
Committee.
22.4 Four
members of the Committee shall constitute a quorum for a meeting of the
Committee.
22.5 No
business will be done unless there is a quorum present, and if within half an
hour of the time appointed for the meeting a quorum is not present then the
meeting will be adjourned to the same time, day and place in the following week,
unless the meeting was a special meeting, in which case it lapses.
22.6 The
meeting of the Committee will be chaired by the Chairperson of the Association,
or any other member of the Committee whom the Committee may appoint for that
meeting.
22.7 (a) Questions arising at any meeting of
the Committee or any sub-committee which the Committee sets up, will be
determined by a show of hands unless a poll is requested by a member.
(b) A poll will be conducted as the Committee
directs.
22.8 (a) Each member of the Committee is
entitled to one vote at a meeting of the Committee or any sub-committee which
the Committee has set up.
(b) In the case of equality of votes on a
question, the issue will be seen as not resolved.
22.9 Written
notice of each Committee meeting shall be posted or delivered to each member of
the committee at least two days before the meeting of the committee.
22.10 Subject
to sub-clause 22.4 the Committee may act even if there is a vacancy on the
committee.
23. Secretary
The Secretary of the Association will keep minutes of
the persons present, and the resolutions and proceedings of each general
meeting and Committee meeting in books or files provided for that purpose.
24. Treasurer
24.1 The
Treasurer:-
(a) Shall collect and receive all monies
due to the Association; and
(b) Shall keep correct accounts and books
showing the financial affairs of the Association with full details of all
receipts and expenditure of the Association.
24.2 The
accounts and books referred to in 24.1 shall be available for inspection by
members.
25. Removal of a member of the Committee.
25.1 The
Association in a general meeting may by resolution remove any member of the
Committee before the end of her/his office and appoint another member for that
period.
25.2 The
procedures for expulsion of a member set out in Clause 5 of these rules shall
be adapted for the removal of an officer of the Committee.
26. Cheques
All cheques, drafts, bill of exchange, promissory
notes and other negotiable instruments will be signed by at least two members
of the Committee.
27. Seal
27.1 The
common seal of the Association will be kept in the custody of the Secretary.
27.2 The
common seal will only be used with the agreement of the Committee and shall
also have the signatures of two Committee members.
28. Alteration of Rules and statement of
Purposes.
The
rules and statement of purposes of the Association shall not be altered except
in accordance with the Act.
29. Notices
A notice may be served by or on behalf of the
Association either personally or by sending it by post to the address shown in
the register.
30. Winding up or cancellation
30.1 In
the event of winding up or the cancellation of the incorporation of the
Association, the assets of the Association will be disposed of in accordance
with the Act.
30.2 Any
and all assets remaining after settlement of all just debts and liabilities
incurred by the Association shall be disposed of by transfer to some other
institution or organization which qualifies under sub-paragraph (1) or (ii) of
Section 78(I)(a) of the Income Tax Assessment Act 1936 (as amended) and which
has in its constitution a clause or paragraph prohibiting the gift or transfer
of its assets to any of its members provided that where the government of
Victoria has paid a grant towards the cot of erecting, purchasing any furniture
it shall be the prerogative of the
appropriate Minister to determine the disposal of such buildings, land
furniture and equipment having regard to the capital cost which may have been
defrayed by the Association.
30.3 No
such dispersal shall be made without the written approval of the Commissioner
of Taxation.
31. Custody of Records
Except as otherwise provided in these rules, the
Secretary shall keep in her/his custody all goods, documents and securities of
the Association.
32. Funds
The funds of the Association shall come from entrance
fees, annual subscriptions, donations and other sources as the Committee shall
decide.
33. Income and Property
33.1 The
income and property of the Association shall be applied solely towards the
promotion of the Purposes of the Association and no portion thereof shall be
paid by dividends, bonus, or otherwise, to any member of the Association. This
does not prevent payment in good faith to a worker or member of the Association
for:
33.1.1 Remuneration
in return for services actually rendered to the Association by the worker or
member, or for goods supplied to the Association by the Worker in the ordinary
course of business.
33.1.2 A
reasonable and proper sum by way of rent for premises let to the Association by
the worker or member.
Appendix 1
Application for membership of AMIDA
I, (name)
.
of (address)
would like to become a member of AMIDA.
If I am admitted, I agree to be bound by the Statement
of Purposes and Rules of AMIDA.
..
Signature of Applicant
..
DATE
Appendix 2
Form to Appoint Proxy
I, (name)
..
Of (address)
Appoint (name)
..
Who is a member of AMIDA to be my proxy at the meeting
on
(date)
and at any adjournment of the meeting.
..
Signature
.
DATE
AMIDA Constitution
Changes and Revision Date of Change: Feb 1994 AGM
Statement of Purposes
1. NAME
Change
of Name
2. OBJECTIVES
change
of Objective (I)
change
of Objective (ii)
change
of Objective (iii)
change
of Objective (iv)
change
of Objective (v)
change
of Objective (vi)
change
of Objective (vii)
change
of Objective (viii)
change
of Objective (ix)
change
of Objective (x)
change
of Objective (xi)
change
of Objective (xii)
change
of Objective (xiii)
change
of Objective (xiv)
deletion
of Objective (xv)
change
of Objective (xvi)
3. DEFINITIONS
delete
definition of Service User
delete
definition of Consumer
delete
definition of Resident
replace references to Consumer, Mildly
intellectually disadvantaged adults and Service User by Person/s with an
intellectual disability
etc.
33. INCOME
AND PROPERTY (change 11/4/2000)
Add 3 points which state that AMIDA is a not for
profit organisation.