THE GLEN FORREST RESIDENT AND RATEPAYERS’ ASSOCIATION

 

 

 

 

Incorporated November 14 1990

 

 

 

 

 

 

 

CONSTITUTION

 

AND

 

RULES

 

 

 

 

 

 

 

Adopted at the Annual General Meeting September 1989

 

Amended at the Annual general meeting September 1992

 

Amended at the annual General Meeting September 1993

 

 

NAME

 

1:1       The name of the Association shall be the Glen Forrest Residents’ and Ratepayers Association  (hereinafter referred to as “ the Association”.)

 

OBJECTS

 

2:1       The objectives of the Association shall be to safeguard and promote the interests of the residents and ratepayers of the Area and to preserve the character of the Area and the surrounding countryside

 

2:2       The Association shall be apolitical and non-sectarian

 

 

THE AREA

 

3:1       The Area shall be generally defined by the 1988 postal boundaries of Glen Forrest, ( as shown in the MRD Street Directory issued by the Department of Land Administration 1988.)  However rigid adherence to these boundaries is considered inappropriate therefore residents and ratepayers who live outside, but near to, these boundaries may become members of the Association.

 

3:2       The Association serves the interests of members from within the Area, but those interests may extend outside the Area

 

 

MEMBERSHIP

 

4:1       Any resident or ratepayer of the Area aged eighteen years (18 years) or over shall be eligible for membership

 

4:2       Membership shall become effective upon payment of the subscription which shall fall due on the first day of October each year

 

4:3       All members shall be of equal status in the Association and each member whose annual subscription has been paid shall be entitled to vote at all general meetings

 

 

EXECUTIVE COMMITTEE

 

5:1       The management of the Association shall be invested in an Executive Committee of Office bearers and SIX (6) other Committee Members (hereinafter referred to as “the Committee”) with such powers and subject to such limitations as are hereinafter prescribed

5:2       The Committee shall be elected at the Annual General Meeting of the Association as hereinafter provided and shall comprise: -

            the President

the Vice President

            the Secretary

the Treasurer (this office may be combined with that of Secretary)

not less than THREE other Committee members

 

5:3            The Committee shall meet as often as it may deem necessary

 

5:4       An attendance of at least five (5) members of the Committee shall constitute a quorum

 

5:5       At a committee meeting the members shall be entitled to one vote each with the exception of the President who shall have a casting vote only

           

5.6.1        The PRESIDENT shall:

 

i.    chair all meetings of the Committee and shall conduct these meetings in accordance with the Constitution and Rules;

 

ii.   prepare an Annual Report and present it to the Annual General Meeting

 

 

5.6.2            The VICE-PRESIDENT shall:

 

in the absence of the President or at his request, the Vice President

shall assume all the duties of the President pro tempore

 

5.6.3        The SECRETARY shall

 

i.    convene, with adequate notice, all meetings of the Association and its Committee

 

ii.  keep a full and complete record of all the proceedings of the Association and of the Committee and a register of members of the Association , and shall give effect to the resolutions of the Association and of the Committee and to the requirements of the President or his substitute

 

iii. have charge of all the papers and books pertaining to the Association

 

 

5.6.4        The TREASURER shall

 

i.    receive and issue receipts for all monies paid to or for the benefit of the Association, and shall deposit all such monies within a reasonable time in an account of the Association at a bank or other financial institution or like institution as the Committee shall from time to time direct;

 

ii.  pay outstanding accounts duly authorised by the Committee or at a general or Annual General Meeting of the Association

 

iii. operate a petty cash account

 

iv.                 keep correct records of the financial affairs of the Association and prepare annually a Statement of Receipts and Expenditure and a Balance Sheet to 31st July in each year which shall after audit be presented to

 to the Annual General Meeting

 

 

5.6.5        Where any matter affects or concerns the Association, the Association shall be represented by the President or Secretary or any such person or persons as may be authorised by the Committee or a General Meeting in the discussion of that matter with Shire Officers or Councillors or any other body or person.

 

5.7       Any casual vacancy on the Committee may be filled by the Executive Committee on its own volition                                                      

 

5.8       The Committee shall retire at the Annual General meeting but any such members if nominated shall be eligible for election to any office                           

5.9              The maximum term of office bearers shall not be more than three (3) consecutive years in any one position

 

5.9.1    Section 5.9 does not apply if there are no nominations for a position which has been held by the same person for the three (3) preceding years consecutively. In that case a Member may be elected to a position he/she has held for the three (3) preceding consecutive years if seventy five percent (75%) of the Members present at an Annul General Meeting, or a Special General Meeting, vote in favour

 

POWERS AND RESPONSIBILITIES OF THE COMMITTEE

 

6.1              The Committee shall implement the resolutions of General Meetings and generally do all the things necessary for the proper and effective carrying out of the objects of the Association in accordance with the Constitution and Rules

6.2              The Committee shall control and manage all property of the Association and use the financial resources of the Association in a manner consistent with the objects of the Association

6.3              The Committee shall appoint sub-committees and delegate such powers as the Committee considers necessary but not exceeding  the powers of the Committee;  any sub-committee shall have the power to co-opt one or more Members to act with it in the furtherance of its purposes

6.4              The Committee shall refer questions of general or specific importance to the Members at a General Meeting

6.5              All Members of the Committee, or any sub-committee, are free to debate with other Members any matters coming before a General Meeting

6.6              The Committee may appoint any person to assist the Secretary or Treasurer with his/her duties as deemed necessary

 

 

ANNUAL GENERAL MEETING

 

7.1              There shall be a Annual General Meeting of the Association in the month of September in each year on a date and at a place to be determined by the Committee

 

7.1.1.   The Annual General Meeting shall be publicised not less than fourteen (14) days prior to the determined date in at least one local newspaper and any other appropriate publication and place as may be determined by the Committee from time to time

7.2            The order of business at the Annual General meeting shall be: -

 

 

OPENING

APOLOGIES

WELCOME TO VISITORS

MINUTES OF THE PREVIOUS ANNUAL GENERAL MEETING

MATTERS ARISING FROM THE MINUTES

PRESIDENT’S REPORT

TREASURER’S REPORT

 

AUDITORS REPORT

 

ELECTION OF OFFICE BEARERS, THE COMMITTEE AND AUDITOR APPOINTMENT

 

MOTIONS ON NOTICE

 

NOTICE OF MOTION

ANY OTHER BUSINESS

 

CLOSURE

 

7.3       No person may be elected to the Executive or Committee unless a financial member

 

7.3.1          Nominations for the Committee signed by the Proposer and Nominee must

be received by the Secretary FOURTEEN DAYS prior to the Annual

General Meeting

 

           


SPECIAL GENERAL MEETING

 

8.1              The President shall call a Special Meeting:-

 

i.    by a resolution of the members at any general meeting; OR;

ii            by a requisition in writing to the Secretary and signed by at least ten members OR;

iii            by a resolution of the Committee

 

8.2              Such Special General meeting shall be held within fourteen (14) days of

the request

 

8.2.1    The only business that may be dealt with at a Special General meeting is that business for which it was convened by the President

 

           

ORDINARY GENERAL MEETING

 

9.1              There shall be not less than three or more than twelve ordinary general meetings in each year and these shall be held at a time determined by a General meeting

 

 

NOTICE OF GENERAL MEETING

 

10.1          Notice of a general meeting shall be placed by the Secretary in appropriate places and publications as may be determined by the Committee from time to time

 

10.2.1    Except as specified below at least seven (7) days notice shall be given of  general meeting

 

10.2.2    Where in the opinion of the Committee the purpose of a special general meeting is of a sufficiently urgent nature then a lesser period of than seven (7) days can be given provided that the notice given is of a public nature

 

10.2.3    A notice of a general meeting shall contain the day, hour, items of business and place of meeting

QUORUM

 

11.1          At all general meetings of the Association ten (10) members shall form a quorum

 

11.2          In the absence of a quorum the chairman may call a meeting at the same time and place not less than one week later, making notice of the meeting public. The members then present at the second meeting shall be considered a quorum.

 

 

VOTING

 

12.1          Voting at a general meeting shall be by a show of hands but at least four (4) members present at the meeting may demand a poll which shall forthwith be taken by a secret ballot and the result declared by the Chairman

 

12.2          At all meetings of the Association the Chairman shall have a casting vote

 

 

STANDING ORDERS FOR ALL GENERAL MEETINGS

 

13.1          Any motion not seconded shall not be debated

 

13.2          As soon as the debate on the motion is concluded the Chairman shall put the motion to the meeting in a distinct and audible manner

 

13.3          A motion having been proposed may be withdrawn or amended in any way by the proposer subject to agreement of the seconder, provided that this is done before the motion is put

 

13.4          No member shall speak to any motion after the motion has been put by the Chairman and the voting has been given

 

13.5          No member shall be permitted to speak more than once on the same motion, except the mover of any resolution, who shall be allowed to speak in reply, after which the debate shall be closed. Any speaker may, with the consent of the meeting, speak a second time prior to the mover in reply.

 

13.6          The mover of an original motion shall not speak for more than ten minutes; no other speaker shall, nor shall the mover in reply, speak for more than five minutes. Any speaker may, with consent of the meeting be granted an extension of time.

 

13.7          Any member who has not already spoken to the motion may move that the motion be now put. any such motion on being seconded shall not be debated and shall be put to the vote immediately.

 

13.8          The mover of the motion for the adjournment of the meeting or the debate or for referral of the matter to the Committee, may speak for not more than five minutes, and the seconder shall not make a speech. One member (the mover of the original motion or amendment under discussion to have the preference) may speak for five minutes in opposition to any such motion which shall then be put by the Chairman without further debate.

 

 

13.9          A member who has spoken may by permission of the Chairman be again heard in explanation but he shall not introduce new matter nor interrupt a member who is speaking

 

13.10      Whenever an amendment or an original motion has been moved and seconded, no second or subsequent amendment shall be moved until the first amendment shall have been disposed of.  If  an amendment be carried, the motion as amended shall take the place of the original motion and shall become the question on which any further amendment  may be moved

 

13.11      No member shall move more than one amendment on any motion except with the permission of the meeting, and any amendment motions shall not be accepted by the Chairman if it reverses or cancels the intent of the original motion

 

13.12      The Chairman may call attention to continued irrelevance, tedious repetition, unbecoming language, or any breach of order on the part of a member and may direct such member to discontinue the speech

 

13.13      Any member rising to a point of order shall state distinctly such point of order without debate and shall then resume his/her seat until the point of order is decided by the Chairman

 

13.14      When two or more members rise to speak, the Chairman shall call upon the member who, in the opinion of the Chairman, rose first.

 

13.15      Any member may at any meeting give a notice of motion for a future meeting by handing same or a copy thereof to the Chairman, who shall read it to the meeting

 

13.16      Any motion already carried or lost cannot be afterwards rescinded or adopted unless notice of motion to rescind or adopt (as the case may be) shall be given in accordance with the Constitution and Rules: however, reversal of a motion can take place during a meeting providing the same people are present at the second debate as were present at the first debate.

 

13.17   When a motion to disagree with the ruling of the Chairman has been duly  proposed and seconded the Chairman shall at once leave the Chair and until the motion is disposed of, the meeting shall be presided over by the Vice-President, or in his absence, another Chairman elected by the meeting.

 

13.18   In all cases of dispute, doubt or difficulty respecting or arising out of matters of procedure or order, the decision of the Chairman shall be final, subject however, to a motion disagreeing with the Chairman’s ruling

 

13.19   In all cases not herein or otherwise provided for, resort shall be had to the rules, forms and usages of the Parliament of the State of Western Australia insofaras the same may be applicable to proceedings of the Association

 

 

INTERPRETATION OF CONSTITUTION AND RULES

 

14.1          The interpretation of the Constitution and Rules of the Association shall be in the sole determination of the Committee whose decisions shall, unless and until set aside by a General Meeting, be binding on all members

 

14.2          Words importing the masculine gender include the female gender

 

 

ALTERATION OF CONSTITUTION AND RULES

 

15.1          Amendments to the Constitution and Rules of the Association must be notices of motion to the Annual General Meeting or a Special General Meeting convened for that purpose. Such notices of motion must be in writing and signed by two financial members

 

15.2          Any such motion to be carried must obtain a seventy-five percent majority of the members present at the meeting and forming a quorum

 

COPY OF CONSTITUTION AND RULES

 

16.1          A copy of the Constitution and Rules of the Association shall be made available to any member of the Association upon request to the Secretary

 

 

SUBSCRIPTIONS

 

17.1          The rate of subscription for each ensuing year shall be determined by the members present at each Annual General Meeting of the association

 

17.2          The annual subscription period, to be known as THE MEMBERSHIP YEAR, shall normally run from the 1st October of each year to 30th September of the following year, or such period as may, from time to time, be determined by the elected committee to ensure that members are financial at the time of the Annual General meeting

 

17.3          If NEW members are canvassed and pay their Membership Fees during the last three (3) months of the Membership Year that initial membership shall automatically carry over to include the following Membership Year

 

 

FINANCE

 

18.1          Cheques drawn upon the Association’s banking or other account shall be signed  by any two signatures of the Treasurer/Secretary and either the President or Vice-President

 

18.2          Except with the Authority of the Committee, no person shall purchase goods for the Association, or incur any debt on behalf of the Association

 

 

AUDIT

 

19.1          An Auditor shall be appointed or selected at the annual General Meeting

 

19.2          The duties of the Auditor shall be to audit the Annual Statement of Receipts and Expenditure and the Balance Sheet and he shall give a written report

 

19.3          The Auditor shall have power at any reasonable time to call for the production of all books, accounts, vouchers and other documents relative to the affairs of the Association

 

19.4          The Auditor may be a member of the Association but shall not be a member of the Committee

 

PERMISSION TO INSPECT THE BOOKS OF THE ASSOCIATION

 

20.1          All members of the Association shall have access to the books and accounts of the association by prior arrangement with the secretary or treasurer

 

 

INDEMNITY

 

21.1          The members of the Committee, secretaries, servants and other officers of the Association and their respective executors and administrators shall be indemnified and rendered harmless out of the funds of the Association from and against all charges, costs, losses, damages and expenses which they or any of them shall or may incur or sustain in or about the execution of their respective offices or in or about any contracts or agreements made by them, for or on behalf of the association or in furtherance of the Objects of the Association except such charges or expenses as shall be incurred or sustained by or through their own willful default

 

 

INSURANCE

 

22.1          The association may effect any form of Insurance deemed necessary in the interests of the association. The extent of such Insurance shall be determined by the Committee

 

 

REMOVAL FROM OFFICE

 

23.1          A member of the Committee may be removed from office if seventy-five percent of members present at a Special General meeting called for that purpose vote in favour. Prior Notice must be served on the said officer giving full particulars of the requested removal from office

 

23.1.2    an office bearer or member of the Committee shall cease to hold such office upon:-

 

i.    resignation in writing

ii.  removal under Section 23.1

iii. absence for three successive  committee meetings without  explanation acceptable to the Committee

 

 

EXPULSION

 

23.2     Any member may be expelled from the Association by a seventy-five percent vote of members present at a special General meeting called for that purpose. Prior notice must be served to the said member giving full particulars

 

DISSOLUTION

 

24.1          The association shall be dissolved upon the vote of a seventy-five percent majority of the members present at a special General Meeting called for the purpose

 

24.2          Upon a dissolution of the association if there remains after payment or discharge of all just debts and liabilities any property whatsoever the same shall be distributed to some institution, society or association having objects similar to the Association to be determined by the Committee at the dissolution. In default of any such resolution such payment, transfer or distribution shall be determined by a Judge of the District Court.

 

24.3          Upon the dissolution of the Association all Minute Books, Correspondence and other papers shall be lodged with the Battye Library or the Mundaring and Hills Historical Society

 

 

NON-PROFIT

 

24.4          The income and property of the Association shall be applied solely

towards the promotion of the objects of the Association. No portion of the income and property shall be paid, transferred or distributed directly or indirectly to members of the association, providing that nothing shall prevent in good faith or remuneration to any officer or employee of the association or to any person in return for services rendered to the association

 

 

COMMON SEAL

 

25.1     The common seal of the Association engraved with the name of the Association shall be kept in the care of the Secretary. The seal shall not be used or affixed to any deed or other document except pursuant to the resolution of the committee and in the presence of the President and two members of the committee both of whom shall subscribe their names as witnesses

NOTE: -

 

This document is a verbatim copy of the draft that was provided.

Copies of the original will be located.  Any amendments made to the original document, since the inception of the association, will be noted as addenda to the document displayed.