Our Constitution / 我们的章程

 

1. Name

The name of the incorporated association is Australian Chinese for Families
Association, referred to herein as ‘the association’.

2. Definitions

• ‘Committee’ means the committee of management of the association.
• ‘General meeting’ means a general meeting of members of the association
convened in accordance with these rules.
• ‘Member’ means a member of the association.
• ‘The Act’ means the Associations Incorporation Act 1985 ‘special resolution”
means a special resolution defined in the Act.
• ‘Month’ shall mean a calendar month.

3. Objects or purposes of the association

The objects of the association are:
i) To stand for family values amongst the Australian-Chinese community in
Australia.
ii) To provide information in support of these values.
iii) To be a voice for the Australian-Chinese community in Australia.

4. Powers of the association

The association shall have all the powers conferred by section 25 of the Act.

5. Membership

5.1 Types

Volunteer
Any person who supports the organisation by volunteering their services, and who
supports the objects of the association and agrees to be bound by its rules, and who
applies for membership of the association. The application for membership shall be
made in writing or through the website application form (if available). Upon the
acceptance of the application by the committee, the applicant shall be a member of
the association.

Financial
Any person who supports the objects of the association and agrees to be bound by
its rules, and who applies for membership of the association. The application for
membership shall be made in writing or through the website application form (if
available). Upon payment of the first annual subscription, and acceptance by the
committee, the applicant shall be a member of the association.

5.2 Subscriptions

a. The subscription fees for membership shall be such sum (if any) as the
committee shall determine from time to time in general meeting.

b. The subscription fees shall be payable annually on 1 July or at a time that the
committee determines.

c. Any member whose subscription is outstanding for more than one month after
the due date for Payment shall cease to be a member of the association, provided
always that the committee may reinstate such a person’s membership on such terms
as it thinks fit.

5.3 Resignations

A member may resign from membership of the association by giving written notice to
the secretary or public officer of the association. Any resigning member shall forfeit
any subscription fees already paid.

5.4 Expulsion of a member

No member is permitted to make a public statement on behalf of the association
without the express consent of the committee.

Vilification and harassment are against the ethos of the organisation, and will not be
tolerated within the organisation’s activities.

For these, or other serious breaches of conduct, the committee may choose to expel
the individual from membership of the organisation through the following procedure:

a. Subject to giving a member an opportunity to be heard or to make a written
submission, the committee may resolve to expel a member upon a charge of
misconduct detrimental to the interests of the association.

b. The determination of the committee shall be communicated to the member, and
in the event of an adverse determination the member shall, (subject to 5.4d below),
cease to be a member 7 days after the committee has communicated its
determination to the member. In cases where the breach of conduct is considered
severe, the committee reserves the right to expel a member immediately.

c. It shall be open to a member to appeal the expulsion to the association at a
general meeting. The intention to appeal shall be communicated to the secretary or
public officer of the association within 14 days after the determination of the
committee has been communicated to the member.

d. In the event of an appeal under 5.4d above, the appellant’s membership of the
association will be terminated unless the committee overturns the decision in general
meeting after the appellant has been heard by the members of the association, and
in such event membership will be terminated at the date of the general meeting at
which the determination of the committee is upheld.

5.5 Register of members

A register of members must be kept and contain:

i. The name, address, email address and phone number of each member.
ii. The date on which each member was admitted to the association, and
iii. If applicable, the date of and reason(s) for termination of membership.

6. The committee

6.1 Powers and duties

a. The affairs of the association shall be managed and controlled by a committee
which, in addition to any powers and authorities conferred by these rules, may
exercise all such powers and do all such things as are within the objects of the
association, and are not by the Act or by these rules required to be done by the
association in general meeting.

b. The committee has the management and control of the funds and other property
of the association.

c. The committee shall have authority to interpret the meaning of these rules and
any other matter relating to the affairs of the association on which these rules are
silent.

d. The committee shall appoint a public officer as required by the Act.
Notice of appointment and any change in the identity or address of the public officer
are to be lodged within one month after the change (Form 10) with the appropriate
office.

6.2 Appointment

a. The committee shall be comprised of at least a chairperson, secretary, and
treasurer.

b. A committee member shall be a natural person.

c. The first committee of the association shall be appointed from the promoters of
the association, or be comprised of such persons as hold office prior to incorporation.
The first committee shall hold office until the first annual general meeting after
incorporation. At this time, two members of the committee, who shall be chosen by
ballot, shall retire from the committee. At each subsequent annual general meeting
one half of the members of the committee, being the longest serving members, shall
retire.

d. A retiring committee member shall be eligible to stand for re-election without
nomination. No other person shall be eligible to stand for election unless a member
of the association has nominated that person at least 28 days before the meeting by
delivering the nomination of that person to the secretary of the association. The
nomination shall be signed by the proposer and by the nominee.

e. Notice of all persons seeking election to the committee shall be given to all
members of the association with the notice calling the meeting at which the election
is to take place.

f. The committee may appoint a person to fill a casual vacancy, and such a
committee member shall hold office until the next annual general meeting of the
association and shall be eligible for election to the committee without nomination.

6.3 Proceedings of committee

a. The committee shall meet together for the dispatch of business at least every six
months.

b. Questions arising at any meeting of the committee shall be decided by a majority
of votes, and in the event of equality of votes the chairperson shall have a casting
vote in addition to a deliberative vote.

c. A quorum for a meeting of the committee shall be one half of the members of the
committee.

d. A member of the committee having a direct or indirect pecuniary interest in a
contract or proposed contract with the association must disclose the nature and
extent of that interest to the committee as required by the Act, and shall not vote with
respect to that contract or proposed contract. The member of the committee must
disclose the nature and extent of his or her interest in the contract at the next annual
general meeting of the association.

6.4 Disqualification of committee members

The office of a committee member shall become vacant if a committee member is:

• Disqualified from being a committee member by the Act
• Expelled as a member under these rules
• Permanently incapacitated by ill health
• Absent without apology from more than four meetings in a financial year
• No longer the duly appointed representative of a corporate member.

7. General meetings

7.1 Annual general meetings

a. The committee shall call an annual general meeting in accordance with the Act
and these rules.

b. The first annual general meeting shall be held within 18 months after the
incorporation of the association, and thereafter within five months after the end of its
financial year.

c. The order of the business at the meeting shall be:

i. The confirmation of the minutes of the previous annual general meeting and of
any special general meeting held since that meeting
ii. The consideration of the accounts and reports of the committee.
iii. The election of committee members
iv. Any other business requiring consideration by the association in general meeting.

7.2 Special general meeting

a. The committee may call a special general meeting of the association at any time.

b. Upon a requisition in writing of not less than 50%, of the total number of
members of the association, the committee shall, within one month of the receipt of
the requisition, convene a special general meeting for the purpose specified in the
requisition.

c. Every requisition for a special general meeting shall be signed by the relevant
members and shall state the purpose of the meeting.

d. If a special general meeting is not convened within one month, as required by
8.2b above, the requisitionists, or at least 50% of their number, may convene a
special general meeting. Such a meeting shall be convened in the same manner as
nearly as practical as a meeting convened by the committee, and for this purpose
the committee shall ensure that the requisitionists are supplied free of charge with
particulars of the members entitled to receive a notice of meeting. The reasonable
expenses of convening and conducting such a meeting shall be borne by the
association.

7.3 Notice of general meetings

a. Subject to 8.3b, at least 14 days notice of any general meeting shall be given to
members. The notice shall set out where and when the meeting will be held, and
particulars of the nature and order of the business to be transacted at the meeting.

b. Notice of a meeting at which a special resolution is to be proposed shall be given
at least 21 days prior to the date of the meeting.

c. A notice may be given by the association to any member by serving the member
with the notice personally, or by sending it by email to the email address appearing
in the register of members.

7.4 Proceedings at general meetings

a. 10% of members present personally or by proxy shall constitute a quorum for
the transaction of business at any general meeting.

b. If within 30 minutes after the time appointed for the meeting a quorum of
members is not present, a meeting convened upon the requisition if members shall
lapse. In any other case, the meeting shall stand adjourned to the same day in the
next week, at the same time and place and if at such adjourned meeting a quorum is
not present within 30 minutes of the time appointed for the meeting the members
present shall form a quorum.

c. Subject to 7.4d, the chairperson shall preside as chairperson at a general
meeting of the association.

d. If the chairperson is not present within five minutes after the time appointed for
holding the meeting, or he or she is present but declines to take or retires from the
chair, the members may choose a committee member or one of their own number to
be the chairperson of that meeting.

7.5 Voting at general meetings

a. Subject to these rules, every member of the association has only one vote at a
meeting of the association.

b. Subject to these rules, a question for decision at a general meeting, other than a
special resolution, must be determined by a majority of members who vote in person
or, where proxies are allowed, by proxy, at that meeting.

c. Unless a poll is demanded by at least five members, a question for decision at a
general meeting must be determined by a show of hands.

7.6 Poll at general meetings

a. If a poll is demanded by at least ten members, it must be conducted in a manner
specified by the person presiding and the result of the poll is the resolution of the
meeting on that question.

b. A poll demanded for the election of a person presiding or on a question of
adjournment must be taken immediately, but any other poll may be conducted at any
time before the close of the meeting.

7.7 Special and ordinary resolutions

a. A special resolution as defined in the Act. A clause can be included repeating the
definition in section 3 of the Act.

b. An ordinary resolution is a resolution passed by a simple majority at a general
meeting.

7.8 Proxies

A member shall be entitled to appoint in writing a natural person who is also a
member of the association to be their proxy, and attend and vote at any general
meeting of the association.

8. Minutes

a. Proper minutes of all proceedings of general meetings of the association and of
meetings of the committee, shall be entered within one month after the relevant
meeting in minute books kept for the purpose.

b. The minutes kept pursuant to this rule must be confirmed by the members of the
association or the members of the committee (as relevant) at a subsequent meeting.

c. The minutes kept pursuant to this rule shall be signed by the chairperson of the
meeting at which the proceedings took place or by the chairperson of the next
succeeding meeting at which the minutes are confirmed.

d. Where minutes are entered and signed they shall, until the contrary is proved, be
evidence that the meeting was convened and duly held, that all proceedings held at
the meeting shall be deemed to have been duly held, and that all appointments
made at a meeting shall be deemed to be valid.

9. Financial reporting

9.1 Financial year

The first financial year of the association shall be the period ending on the next 30
June following incorporation, and thereafter a period of 12 months commencing on 1
July and ending on 30 June of each year.

9.2 Accounts to be kept

The association shall keep and retain such accounting records as are necessary to
correctly record and explain the financial transactions and financial position of the
association in accordance with the Act. Refer to regulation 8 of the Associations
Regulations.

10. Prohibition against securing profits for members

The income and capital of the association shall be applied exclusively to the
promotion of its objects and no portion shall be paid or distributed directly or
indirectly to members or their associates except as bona fide remuneration of a
member for services rendered or expenses incurred on behalf of the association.
Section 55 of the Act provides a prohibition against securing profits for members.

11. Winding up

The association may be wound up in the manner provided for in the Act.

12. Application of surplus assets

a. If after the winding up of the association there remains ‘surplus assets’ as
defined in the Act, the association may determine to distribute surplus assets to
nominated charities.

b. Such organisation or organisations shall be identified and determined by a
resolution of members in general meeting.

Section 43 of the Act prohibits the distribution of surplus assets at the completion of
a winding up to members or former members, or associates of those persons.

13. Rules

These rules may be altered (including an alteration to the association’s name) by
special resolution of the members of the association. This includes recision or
replacement by substitute rules.

The alteration shall be registered with Consumer and Business Services, Corporate
Affairs Commission, as required by the Act.

The registered rules shall bind the association and every member to the same extent
as if they have respectively signed them, and agreed to be bound by all of the
provisions thereof.

The Act provides that an alteration to a rule may be made by special resolution of the
association unless other provision is made in the rules.