WVCC Constitution

CONSTITUTION OF THE WODEN VALLEY COMMUNITY COUNCIL INCORPORATEDAS AN ASSOCIATION INCORPORATED UNDER THE ASSOCIATIONS INCORPORATIONS ACT 1991

September 2001

Name of Association The name of the association shall be `The Woden Valley Community Council Incorporated’ (hereinafter called `The Council’).
Interpretation 2.

(1)

In these rules unless a contrary intention appears –

· “financial year” means year ending 30th June;

· “ordinary committee member” means a member of the committee who is not an office bearer of the Council as referred to in Rule 5 sub-rule (1);

· “secretary” means the person holding office under these rules as Secretary of the Council;

· “treasurer” means the person holding office under these rules as Treasurer of the Council;

· “the Act” means the Associations Incorporation Act 1991;

· “the Regulations” means the Associations Incorporations Regulations.

(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, where the function is a power, authority of duty, a reference to the exercise of the power or authority or the performance of the duty.

(3)

The provisions of the Interpretation Act 1967 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 Associations Corporations Act 1991.
Objects and Purposes of The Woden Valley Community Council (WVCC) 3. The objects of the Woden Valley Community Council are:

(a) To promote the interests of the Woden Valley community

(b) To enhance and improve the economic, cultural, social and environmental well being of Woden Valley residents and community groups

(c) To identify community groups and establish and maintain a close liaison between them

(d) To contribute to the physical and social planning of and the development of the Woden Valley

(e) To ensure that the interests of youth, the aged and other groups in the district are properly represented; and

(f) To inform the community about matters affecting the Woden Valley.

Powers In addition to the objects of the Council the powers of the Council shall be deemed to include:

(a) the purchase, taking on lease or in exchange and the hiring or otherwise acquiring of any real or personal property that may be deemed to be necessary or convenient for any of the objects or purposes of the Council;

(b) the buying selling, and supplying of, and dealing in, goods of all kinds;

(c) the construction, maintenance, and alteration of building or works necessary or convenient for any of the objects or purposes of the Council;

(d) the accepting of any gift, whether subject to a special trust or not, for any one or more of the objects or purposes of the Council;

(e) the taking of such steps from time to time as the committee or the members in general meeting may deem expedient for the purpose of procuring contributions to the funds of the Council;

(f) the printing and publishing of such newspapers, periodicals, books, leaflets, or other documents as the committee or the members in general meeting may think desirable for the promotion of the objects and purposes of the Council;

(g) the borrowing and raising of money in such manner and on such terms as the committee may think fit or as may be approved or directed by resolution passed at a general meeting; and securing the repayment of money so raised or borrowed or the payment of a debt or liability of the Council by giving mortgages, charges or securities upon or over all or any of the real or personal property of the Council;

(h) subject to the provisions of the Trustee Act 1957, the investment of any moneys of the Council not immediately required for any of its objects or purposes in such manner as the committee may from time to time determine;

(i) the making of gifts, subscriptions, or donations to any of the funds, authorities, or institutions to which paragraph (a) of subsection (1) of section 78 of the Income Tax Assessment Act 1936 of the Commonwealth relates;

(j) the establishment and support, or aiding in the establishment or support, of associations, institutions, funds, trusts, schemes, and conveniences calculated to benefit servants or past servants of the Council and their dependants, and the granting of pensions, allowances, or other benefits to servants or past servants of the Council and their dependants, and the making of payments towards insurance in relation to any of these purposes;

(k) the establishment or support or aiding in the establishment or support, or any other association formed for any of the basic objects of the Council;

(1) the doing of all such lawful things as are incidental or conducive to the attainment of the objects of the Council or any of the powers specified in the foregoing provisions of this sub-rule.

Rules of the Council 5.

(1)

In these rules, unless the contrary intention appears:

“General meeting” means a monthly general meeting of members convened in accordance with rule 14.

“ordinary committee member” means a member of the committee to whom sub-rule (1) of rule 23 relates.

(2)

In these rules, expressions referring to writing shall, unless the contrary intention appears, be construed as including references to printing, lithography, photography, and other modes of representing or reproducing words in a visible form.

(3)

Words or expression contained in these rules shall be interpreted in accordance with the provisions of the Interpretation Act 1967 and that Act in force on the date on which those rules are adopted by the Council.
Membership of the Council 6.

(1)

A person who requests, and is approved for, membership as provided in these rules is eligible to be a member of the Council on payment of the annual subscription prescribed in, or fixed under, these rules.

(2)

A person who is not a member of the Council at the time of incorporation of the Council shall not be admitted to membership:

(a) unless a resident of the Woden Valley or able to represent an active community organisation based in the Woden Valley

(b) unless he or she is nominated as provided in sub-rule (3) of this rule; and

(c) his or her admission as a member is approved by the committee.

(3)

A nomination of a person for membership of the Council –

(a) shall be made in writing, signed by two members of the Council;

(b) shall include the written consent of the person nominated (which may be endorsed in the form of nomination; and

(c) shall be lodged with the Secretary or Chairperson of the Council.

(4)

As soon as is practicable after the receipt of a nomination for membership, the Secretary of the Council shall refer the nomination to the committee.

(5)

Upon a nomination being approved by the committee, the Secretary shall, with as little delay as possible, notify the nominee, in writing, that he or she has been approved for membership of the Council. The nominee’s name shall be entered in a register of members to be kept by the Secretary whereupon the nominee becomes a member of the Council.

(6)

A member of the Council may, at any time, resign from the Council by delivering or sending by post to the Secretary a written notice of resignation.

(7)

Upon receipt of a notice under sub-rule (6) of this rule, the Secretary shall remove the name of the member by whom the notice was given from the register of members, whereupon that member ceases to be a member of the Council.

(8)

A right, privilege, or obligation of a person by virtue of his or her membership of the Council:

(a) is not capable of being transferred or transmitted to another person; and

(b) terminates upon cessation of their membership, whether by death, resignation, or otherwise. (See Rule 26 Cessation of membership).

(9)

Members are not liable to contribute towards payment of liabilities of the Council on a winding up.
Income and Property of the Council 7.

(1)

The income and property of the Council, however derived, shall be applied solely towards the promotion of the objects and Council purposes of the Council and no portion thereof shall be paid or transferred, directly or indirectly, by dividend, bonus, or otherwise, to any member of the Council.

(2)

The Council shall not –

(a) appoint a person who is a member of the committee to any office of the Council to the holder of which there is payable any remuneration by way of salary, fees, or allowances; or

(b) pay to any such person any remuneration or other benefit in money or money’s worth (other than the repayment of out-of-pocket expenses).

(3)

Nothing in the foregoing provisions of this rule prevents the payment in good faith to a servant or member of the Council –

(a) remuneration in return for services actually rendered to the Council by the servant or member or for goods supplied to the Council by the servant or member in the ordinary course of business;

(b) interest at current bank overdraft rate on money lent; or

(c) a reasonable or proper sum by way of rent for premises let to the Council by the servant or member.

Accounts of receipts, expenditure 8.

(1)

True accounts shall be kept –

(a) of all sums of money received and expended by the Council and the manner in respect of which the receipt or expenditure takes place; and

(b) of the property, credits, and liabilities of the Council, and subject to any reasonable restrictions as to time and manner of inspecting them that may be imposed by the Council for the time being, those accounts shall be open to the inspection of the members of the Council.

(2)

The Treasurer of the Council shall faithfully keep all general records, accounting books, and records of receipt and expenditure connected with the operations and business of the Council in such form and manner as the committee may direct.

(3)

The Accounts, books, and records referred to in sub-rules (1) and (2) of this rule shall be kept by the Treasurer.
Banking and Finance

(1)

The Treasurer of the Council shall, on behalf of the Council, receive all monies paid to the Council and forthwith after the receipt thereof, issue official receipts therefor.

(2)

The committee shall cause to be opened with such bank as the committee selects a banking account in the name of the Woden Valley Community Council into which all monies received shall be paid by the Treasurer as soon as possible after receipt thereof.

(3)

The committee may receive from the Council’s bank or bankers for the time being the cheques drawn by the Council on any of its accounts with the bank or bankers and may release and indemnify the bank or bankers from and against all claims, actions, suits, or demands that may be brought against the bank or bankers arising directly or indirectly out of those cheques or the surrender thereof to the Council.

(4)

Except with the authority of the committee, no payment of a sum exceeding fifty dollars shall be made from the funds of the Council otherwise than by cheque drawn on the Council’s bank account. The committee may provide the Treasurer with a sum to meet urgent expenditure, subject to the observance of such conditions in relation to the use and expenditure thereof as the committee may impose.

(5)

No cheques shall be drawn on the Council’s bank account except for the payment of expenditure that has been authorised by the committee.

(6)

All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two members of the committee or employees of the Council, authorised to do so by the committee.
Auditor 10. (1) At each annual general meeting of the Council, the committee shall determine the need to appoint a person as auditor of the Council. The need will be determined on the basis that the Council receives additional funding. Where a person is appointed as auditor that person must be a person who:

(a) is not an officer of the Council, and;

(b) has not prepared or assisted with the preparation of the accounts.

(2)

A person so appointed shall hold office until the annual general meeting next after that at which he or she is appointed, or until relieved by the Committee of the Council.

(3)

The first auditor of the Council may be appointed by the committee before the first annual general meeting, and, if so appointed, shall hold office until the first annual general meeting, unless previously removed by a resolution of the members at a general meeting, in which case the members at that meeting may appoint an auditor to act until the first annual general meeting.

(4)

If an appointment is not made at an annual general meeting the committee shall appoint an auditor of the Council for the then current financial year of the Council.

(5)

If a casual vacancy occurs in the office of auditor during the course of the financial year of the Council, the committee may appoint a person as the auditor and that person so appointed shall hold office until the next succeeding annual general meeting.
Audit of Accounts of the Council 11. (1) Once a least in each financial year, the accounts of the Council shall be examined by the auditor, if appointed, and reported to the Annual General Meeting.

(2)

The committee shall take all reasonable steps to ensure that the Council’s accounts are completed at least 14 days before the Annual General Meeting.

(3)

The appointment of an auditor shall be at the discretion of the Annual General Meeting as set out in 10 (1).

(4)

In his or her report, and in certifying the accounts, the auditor shall state:

(a) whether he or she has obtained the information required by him or her;

(b) whether, in his or her opinion, the accounts are properly drawn up so as to exhibit a true and correct view of the financial position of the Council according to the information at his or her disposal and the explanations given to him or her and as shown by the books of the Council; and

(c) whether the rules relating to the administration of the funds of the Council have been observed.

(5)

The Public Officer, Treasurer or Committee of the Council shall cause to be delivered to the auditor a list of all accounts, books and records of the Council.

(6)

The auditor –

(a) has a right of access to the accounts, books, records, vouchers, and documents of the Council;

(b) may require from the servants of the Council such information and explanations as may be necessary for the performance of his or her duties as auditor;

(c) may employ persons to assist him or her in investigating the accounts of the Council; and

(d) may, in relation to the accounts of the Council, examine any member of the committee or any servant of the Council.

Annual General Meeting 12. (1) The Council shall, in each year, hold an annual general meeting.

(2)

The annual general meeting shall be held on such a day agreed to by the committee.

(3)

The annual general meeting shall be in addition to any other general meetings that may be held in the same year.

(4)

The annual general meeting shall be specified as such in the article convening it.

(5)

The ordinary business of the annual general meeting shall be –

(a) to confirm the minutes of the last proceeding annual general meeting ;

(b) to receive from the committee and servants of the Council reports that are appropriate which consider the activities of the Council during the last preceding financial year;

(c) to elect the officers of the Council and the ordinary committee members;

(d) to consider the appointment of an auditor, and where it is decided that an auditor is needed, determine his or her remunerations; and

(e) to determine the remuneration of servants of the Council.

(6)

The annual general meeting may transact special business of which notice is given in accordance with these rules.

(7)

All general meetings are monthly meetings other than the annual general meeting. All others shall be called special general meetings.
Special General Meeting of the Council (1) The committee may, whenever it thinks fit, convene a special General meeting of the Council. These are in addition to monthly general meetings.

(2)

The committee shall, on requisition in writing of not less than ten members, convene a special general meeting of the Council.

(3)

A requisition for a special general meeting shall state the objects of the meeting and shall be signed by the requisionists and forwarded to the Chairperson of the Council and may consist of several documents in like form, each signed by one or more of the requistionists.

(4)

If the committee does not cause a special general meeting to be held from twenty-one days from the date on which a requisition therefore is provided to the Chairperson of the Council, the requisitionists, or any of them, may convene the meeting; but any meeting so convened shall not be held after three months from the date of deposit of the requisition.

(5)

A special general meeting convened by requisitionists in pursuance of these rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the committee, and all expenses incurred in convening the meeting shall be paid by those requisitioning the meeting.
Notices of General Meetings (1) Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Council, the Secretary each year shall fix the dates for the holding of the monthly meetings, and notify each member appearing in the register of members of the date and time of the monthly meetings.

(2)

Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Council, the Secretary shall, at least 21 days before the date fixed for the holding of a general meeting, shall promote the meeting in an appropriate manner to alert members of the business to be transacted at the meeting.

(3)

The Council may accept business other than those items appearing on the agenda, from the floor, on issues directly affecting the Woden Valley.

(4)

A member desiring to bring any business before a general meeting may give notice of that business to the Secretary who shall include that business in the meeting.
Business and Quorum at General Meetings (1) All business that is transacted with a quorum at general meetings and all business that is transacted at the annual general meeting, with the exception of that specifically referred to in these rules as the ordinary business of the annual general meeting, shall be deemed to be special business.

(2)

No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.

(3)

Five members personally present, (being members entitled under these rules to vote thereat) constitute a quorum for the transaction of the business of a general meeting or an annual general meeting.

(4)

If within one half 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 it shall stand adjourned to the same day in the next week, at the same time (unless another place is specified by the chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place, and if at the time appointed for the commencement of the meeting, the members present (being not less than three) shall constitute a quorum.

(5)

The Annual, Special and General meetings are open to the public, however, members of the public are not entitled to vote on any question before the Council.
Chairperson to preside at the general meetings (1) The Chairperson, or in his or her absence, the Deputy Chairperson, or in the absence of both Chairperson and the Deputy Chairperson, the Secretary, shall preside as chairperson at every general meeting of the Council.

(2)

If the Chairperson, Deputy Chairperson and Secretary are absent from a general meeting, the members shall elect one of their number to preside as chairperson thereat.
Adjournment of general meetings (1) The Chairperson of a general meeting at which a quorum is present may, with the consent of 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.

(2)

Where a meeting is adjourned for fourteen days or more, the like notice of the adjourned meeting shall be given as in the case of the original meeting.

(3)

Except as provided in the foregoing provisions of this rule, it is not necessary to give any notice of an adjourned meeting.
Determination of questions arising at general meetings A question arising at a general meeting of the Council shall be determined on a show of hands. Unless before or on the declaration of the result 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. The entry to that effect in the minute book of the Council is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
Votes (1) Upon any question arising at a general meeting of the Council, a member has one vote only, provided that where an organisation has more than one member present, only one vote per organisation is allowed.

(2)

All votes shall be given personally.

(3)

In the case of an equality of voting on a question the chairperson of the meeting is entitled to a second or casting vote.
Taking of polls 20. If at a meeting, a poll on any question is demanded it shall be taken at that meeting in such manner as the chairperson may direct, and the result of the poll shall be deemed to be the resolution of the meeting on that question.
When poll to be taken 21. . A poll that is demanded on the election of a chairperson, or on a question of adjournment, shall be taken forthwith, and a poll that is demanded by any other question shall be taken at such time before the close of the meeting as the chairperson may direct.
Affairs of a Council to be managed by a committee (1) The affairs of the Council shall be managed by a committee of management as provided in rule 23.

(2)

The committee –

(a) shall control and manage the business and affairs of the Council;

(b) may, subject to these rules, exercise all such powers and functions as may be exercised by the Council other than those powers and function that are required by these rules to be exercised by general meetings of the Council;

(c) subject to the Ordinance and these rules, has power to perform all such acts and things as appear to the committee to be essential for the proper management of the business and affairs of the Council; and

(d) shall appoint a Public Officer who shall be a resident of the Australian Capital Territory. The Public Officer shall act until he or she resigns or his or her successor is appointed by the committee. If no Public Officer is appointed the Chairperson shall hold this office.

Officers of the Association (1) The officers of the Council shall be –

(a) a Chairperson;

(b) a Deputy Chairperson (optional);

(c) an Executive Officer (optional);

(d) a Secretary

(e) a Treasurer

(f) an Assistant Secretary (optional)

(g) other committee members are ‘ordinary committee members’

(2)

A person who holds any position other than ordinary membership in a political party, or is an elected representative or is standing for election in either the Australian Federal Parliament or the Legislative Assembly of the Australian Capital Territory, is not eligible to be an officer or an ordinary committee member of the Council.

(3)

The provisions of sub-rules (2) and (3) of rule 24, so far as they are applicable and with necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned in sub-rule(1) of this rule.

(4)

Each officer of the Council shall hold office until the annual general meeting next after the date of his or her election but is eligible for re-election.

(5)

In the event of a casual vacancy in any office mentioned in sub-rule (1) of this rule, the committee may appoint one of its members to the vacant office, and the member so appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of his or her appointment.
Constitution of committee (1) The committee shall consist of –

(a) the officers of the Council, and

(b) ordinary committee members as required.

(2)

Each ordinary committee member shall, subject to these rules, hold office until the annual general meeting next after the date of his or her election, but is eligible for re-election.

(3)

In the event of a casual vacancy occurring in the office of an ordinary committee member, the committee may appoint a member of the Council to fill the vacancy, and the member so appointed shall hold office, subject to these rules until the conclusion of the annual general meeting next following the date of his or her appointment.
Election of members of the Council as members of the Committee 25. (1) Nominations of candidates for election as ordinary member –

(a) shall be made in writing signed by another member of the Council the committee and include the written consent of the candidate (which may be endorsed of the form of a nomination); and

(b) shall be provided to the Secretary of the Council.

(2)

If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting.

(3)

If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.

(4)

If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.

(5)

The ballot for the election of officers and ordinary committee members shall be conducted at the annual general meeting in such usual and proper manner as the committee may direct.
Cessation of Membership For the purposes of these rules, the officer of the Committee or ordinary committee member becomes vacant if the officer or committee member –

(a) dies,

(b) becomes bankrupt or applies to take advantage of any law relating bankrupt or insolvent debtors or compounds with his creditors;

(c) becomes of unsound mind;

(d) resigns his or her office by writing under his hand addressed to the committee;

(e) becomes ineligible under provision of sub-rule (2) of rule 23;

(f) fails, without leave granted by the committee, to attend three consecutive meetings of the committee;

(g) ceases to be a member of the Council; or

(h) fails to pay all arrears of subscription due by him or her within fourteen days after he has received a notice in writing signed by the Secretary stating that he has ceased to be a financial member of the Council.

Meetings of the Committee and sub-Committees (1) The committee shall meet at least once in each quarter at such place and at such times as the committee may determine.

(2)

Special meetings of the committee may be convened by the Chairperson, or any four of its members.

(3)

Notice shall be given to members of the committee of any special committee meeting, specifying the general nature of the business to be transacted at such a meeting.

(4)

Any three members of the committee constitute a quorum for the transaction of business of a meeting of the committee.

(5)

No business shall be transacted 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 shall stand adjourned to the same place at the same hour of the same day in the following week unless the meeting was a special meeting in which case it lapses.

(6)

At meetings of the committee –

(a) the Chairperson, or in his absence the Deputy Chairperson; or

(b) if the Chairperson and the Deputy Chairperson are absent, such one of the remaining members of the committee as may be chosen by the members present shall preside.

(7)

Questions arising at meetings of the committee, or of any sub-committee appointed by the committee, shall be determined by a show of hands or, if demanded by a member, by a poll taken in such manner as the person presiding at the meeting may determine.

(8)

Each member present at a meeting of the committee or of any sub-committee appointed by the committee (including the person presiding at the meeting) is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

(9)

At the beginning of any new period in office the Committee shall arrange for a schedule of meetings to be circulated to Committee members. Committee members may call Committee meetings by advising all Committee members of the need for an additional meeting.
Disclosure of interest in contracts &c 28. (1) A member of the committee who has an interest in any contract or arrangement made or, proposed to be made with the Council, shall disclose his or her interest at the first meeting of the Committee at which the contract or arrangement is first taken into consideration, if his or her interest then exists, or, in any other case, at the first meeting of the committee after the acquisition of his or her interest.

(2)

If a member of the committee becomes interested in a contract or arrangement after it is made or entered into he or she shall disclose his or her interest at the first meeting of the committee after he or she becomes so interested.

(3)

No member of the committee shall vote as a member of the committee in respect of any contract or arrangement in which he or she is interested and if he or she does so his or her vote shall not be counted.
Sub-committees of the Main committee (1) The Main Committee may at any time appoint a sub from the Main committee as it may think fit and shall prescribe the powers and functions thereof.

(2)

The sub-committee may co-opt as members of a sub-committee such persons as it thinks fit, and co-opt persons who are not members of the Council as required. But a person so co-opted is not entitled to vote.

(3)

Three appointed members of a sub-committee constitute a quorum at a meeting of a sub-committee.

(4)

The Secretary of the Council is responsible for calling meetings of a sub-committee.

(5)

At the beginning of any new period in office the sub-committee shall arrange a schedule of meetings to be circulated to sub-each committee member. Sub- committee members may call subcommittee meetings by advising all other members of the need for an additional meeting.

(6)

The Chairperson, the Deputy Chairperson (if appointed), the Secretary, and the Executive Officer (if appointed) constitute the Main committee, which may issue instructions to the public officer and the servants of the Council during the intervals between meetings of the Main committee, and where any such instructions are issued shall report thereon to the next meeting of the Main Committee.
Annual Subscription 30. (1) Until otherwise fixed pursuant to sub-rule (2) of this rule, the annual subscription payable by members shall be prescribed by the committee.

(2)

The amount of the annual subscription may be altered from time to time by the members by resolution.

(3)

The annual subscription of a member is due and payable on or before the first day of the financial year of the Council.
Financial year 31. The financial year of the Council is the period beginning on the 1st of July in each year and ending on the 30th of June next following.
Notices 32. A notice may be served on or behalf of the Council upon any member either personally or by sending it through the post in a prepaid letter addressed to the member at his or her usual or last known place of abode.
Expulsion of Members 33. (1) Subject to this rule, the committee may expel a member from the Council if, in the opinion of the committee the member has been guilty of conduct detrimental to the interests of the Council.

(2)

The expulsion of a member pursuant to sub-rule (1) of this rule does not take effect –

(a) until the expiration of fourteen days after the service on the member of a notice under sub-rule (3) of this rule; or

(b) if a member exercises his or her right of appeal under this rule, until the conclusion of the special general meeting convened to hear the appeal whichever is the later date.

(3)

Where the committee expels a member of the Council, the Secretary of the Council shall, without undue delay, cause to be served on the member a notice in writing –

(a) stating that the committee has expelled the member,

(b) specifying the grounds for expulsion; and

(c) informing the member that if he or she so desires he or she may, within seven days after the service of the notice on him or her, appeal against the expulsion as provided in this rule.

Right of appeal of disciplined Member (1) A member on whom a notice under sub-rule 33 (2) of this Constitution is served may appeal against the expulsion to a special general meeting by delivering or sending by post to the secretary of the Council, within seven days after the service of that notice, a requisition in writing demanding the convening of a such a meeting for the purpose of hearing his or her appeal.

(2)

Upon receipt of a requisition under sub-rule (3) of this rule, the Secretary shall forthwith notify the committee of its receipt and the committee shall thereupon cause a special general meeting of members to be held within twenty one days after the date on which the requisition is received by the Secretary/Treasurer. The Special general meeting may coincide with a general meeting.

(3)

At a special general meeting convened for the purpose of this rule –

(a) no business other than the question of the expulsion shall be transacted ;

(b) the committee may place before the meeting details of the grounds of the expulsion and the committee’s reasons for the expulsion;

(c) the expelled member shall be given an opportunity to be heard; and

(d) the members present shall vote by secret ballot on the question of whether the expulsion should be lifted or confirmed.

(4)

If at the special general meeting a majority of the members present vote in favour of the lifting of the expulsion, the expulsion shall be deemed to have been lifted and the expelled member is entitled to continue his or her membership of the Council.

(5)

If at the special general meeting a majority of the members present vote in favour of the confirmation of the expulsion, the expulsion takes effect, and the expelled member ceases to be a member of the Council.
Alteration of Constitution (1) The rules may be amended by resolution passed by a three-quarters majority of ordinary or financial members (should the Council decide to charge fees for membership) voting at an Annual, Special or General Meeting

(2)

Notice that a proposed amendment shall be included in the notice calling the General or Special General Meeting of which at least 21 days notice is given. This is to be accompanied by a notice in writing to propose the resolution as a special resolution, and has been given to the members of the Council listed in the register of members.

(3)

An amendment to the objects and purposes of the Council shall not be effective until the notice has been lodged with the Registrar.

(4)

An alteration of the rules is of no effect until a copy of the alteration is lodged with the Registrar.
Seal of the Association (1) The seal of the Council shall be in the form of a rubberstamp inscribed with the name of the Council encircling the word “seal”.

(2)

The common seal shall not be affixed to any instrument except by the authority of the committee and affixing of the common seal shall be attested by the signatures either of two members of the committee or of one member of the committee and the Secretary.

(3)

The common seal shall remain in the custody of the Secretary.
DUTIES OF THE WVCC COMMITTEE (1) The duties listed are those currently adopted by the Committee to carry out the objects of the Woden Valley Community Council. They may be arranged by the committee from time to time provided they remain consistent with the constitution. The duties of specific office bearers are as follows:
CHAIRPERSON

(a)

1. Preside at all meetings of the Council, if present.

2. Preserve order and decorum and so exercise authority in conducting business of the Council.

3. In consultation with the Secretary, assist in answering any necessary correspondence addressed to the Council.

4. Act as spokesperson for the Council.

5. Exercise general supervision over the activities of the Council.

6. Convene a public meeting at least once every twelve months.

DEPUTY CHAIRPERSON (if appointed)

(b)

1. Assist in maintaining order

2. In the absence of the Chairperson, preside at meetings of the Council with the full power and authority of presiding authority.

3. Deputise for the Chairperson in exercising duties other than at meetings when the Chairperson is unavailable.

4. Assist the Chairperson in exercising the duties of that office.

EXECUTIVE OFFICER (if appointed)

(c)

1. Assist any member of the committee who is required to represent the Council in an official capacity by being a witness to discussions etc particularly involving negotiations on behalf of the Council.

2. Undertake to be available at relatively short notice to carry out such assistance.

3. Provide advice to a committee member being supported on past decisions and positions taken by the Council.

SECRETARY

(d)

The Secretary of the Council shall:

1. As soon as possible after being appointed as Secretary, notify the Council of his or her address.

2. Keep minutes of all elections of office bearers and ordinary committee members.

3. Prepare and distribute minutes of the previous meeting to committee members at least one week prior to the next meeting.

4. Ensure minutes are taken of all committee and general meetings of the Council.

5. Receive and in consultation with the Chairperson answer any necessary correspondence addressed to the Council.

6. Ensure sufficient copies of any documents required for meetings are available.

7. Record the names and addresses/organisations of all persons who attend Council meetings.

TREASURER

(e)

The Treasurer of the Council the person shall:

1. Collect and receive all monies due to the Council and make all payments authorised by the Council.

2. Keep correct accounts and books showing the financial affairs of -the Council with full details of all receipts and expenditure connected with activities of the Council.

3. Present a report of the Receipts and Expenditures for the financial year, together with a Balance Sheet of the Council at the Annual General Meeting.

ASSISTANT SECRETARY (if appointed)

(f)

1. Assist the Secretary to carry out the duties of that office.
ORDINARY COMMITTEE MEMBERS 1. Ordinary committee members assist the other officers of the Council as required.
By order of the Chairperson.

Last Updated 04/11/2003

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