CONSTITUTION

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Branching out to meet community needs.

Rule 1. Name of the Association.

The Association shall be called the JACARANDA COMMUNITY CENTRE INC., hereinafter referred to as the Association.

(a) Its registered office shall be at such place as the committee decides, bearing in mind the objectives of the Association.

(b) At the time of Incorporation this shall be 142 Epsom Avenue, BELMONT WA 6104, with the postal address of PO Box 142 CLOVERDALE WA 6985.

(c) The name of the Association shall only be used as a non profitable

organisation.

Rule 2. Definitions.

In these rules, unless the contrary intention appears –

“Committee meeting “ means meeting referred to in rule 15 (1);

“Committee member” means person referred to in paragraph (a), (b, (c), (d) or (e) of rule 10 (1);

“financial year” has the meaning given by section 3 (1) of the Act, a reference

in that section to –

(a) “an incorporated association” or “the association” being construed

as a reference to the Association: and

(b) “the Committee” being construed as a reference to the Committee;

“general meeting” means meeting convened under rule 16;

“member” means member of the Association;

“ordinary resolution” means resolution other than a special resolution.

“special resolution” has the meaning given by section 24 of the Act;

“the Act” means the Associations Incorporation Act 1987;

“the Association” means the Association referred to in rule 1;

“the Chairperson” means –

(a) in relation to the proceedings at a Committee meeting or general meeting, the person presiding at the Committee meeting or general meeting in accordance with rule 11; or

(b) otherwise than in relation to the proceedings referred to in paragraph (a), the person referred to in rule 10 (1) (a)or, if that person is unable to perform his or her functions, the Vice Chairperson;

“the Committee” means the Committee of Management of the Association referred to in rule 10 (1);

“the Secretary” means the Secretary referred to in rule 10 (1) (c);

“the Treasurer” means the Treasurer referred to in rule 10 (1) (d);

“the Vice-Chairperson” means the Vice-Chairperson referred to in rule 10 (1)(b).

Rule 3. Objectives of the Association.

3.1 The Objectives of the Jacaranda Community Centre Inc. are:

(1) To foster, advance, improve and maintain the welfare, education and cultural needs of people on low incomes in Belmont and surrounding areas, in a non judgemental manner.

(2) To provide an open environment for community members to meet and share experiences, to gain knowledge and skills, thus reducing social isolation.

(3) To provide an advocacy service to assist clients with housing related issues.

(4) To provide an advocacy service to assist clients with debt negotiation and budgeting.

(5) To provide family support and counselling to community members.

(6) To provide consumer credit education, information, resources and referral where appropriate.

(7) To provide community education groups from time to time based on the needs of the community.

(8) To provide financial assistance if available to assist in a crisis.

(9) To promote a greater awareness of the needs and problems of the community among Local, State and Federal service providers. Paying particular attention to issues raised by Aboriginal members of the Community.

(10)To provide consultation on Community issues.

(11) Any other assistance that the committee might consider which is in accordance with objectives already listed and “the Act”.

3.2 The Property and income of the Association shall be applied solely towards the promotion of the objectives of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members, except in good faith or as salary to workers in the promotion of those objectives. This is in accordance with charitable or benevolent purposes.

Rule 4. Powers of the Association.

The powers conferred on the Association by section 13 of the Act subject to the following additions:-

(1) Accept donations where there is no conflict of interest with the Associations objectives.

Rule 5.1 Qualifications for membership of the Association.

(a) Membership of the Association is open to community persons,

Non government, Government and private organisations that have no conflict with the Associations objectives.

(b) Any person that participates in the organisation or delivery of the

organisation.

5.2 Admission of members.

(a) Any person desirous of becoming a member of the Association shall forward to the Chairperson and official application form, duly signed and witnessed.

(b) The committee shall consider the application, at a committee meeting, and forward notification of acceptance or rejection to the said person.

(d) The applicant must be a person that adheres to the objectives of the Association.

Rule 6. Register of members of the Association.

(1) The Secretary shall on behalf of the Association keep and maintain the Register of members in accordance with section 27 of the Act and that register shall be so kept and maintained at registered office of the Association.

(2) The Secretary shall cause the name of a person who dies or who ceases to be a member under rule 7 (3), 8 (1) or 9 to be deleted from the register of members referred to in subrule (1).

Rule 7. Subscription of members of Association.

(1) The committee shall from time to time at a general meeting determine the amount of subscription to be paid by each member.

(2) Each member shall pay to the Treasurer, annually on or before 1 July or such other date as the Committee from time to time determines, the amount of the subscription determined under subrule (1).

(3) Subject to subrule (4), a member whose subscription is not paid within 3 months after the relevant date fixed by or under subclause (2) ceases on expiry of that period to be a member.

(4) A member is a financial member for the purpose of these rules if his or her subscription is paid on or before the relevant date fixed by or under subrule (2) or within 3 months thereafter.

Rule 8. Resignation of members of the Association.

(1) A member who delivers notice in writing of his or her resignation

from the Association to the Chairperson ceases on that delivery to be a member.

Rule 9. Expulsion of member of the Association.

(1) If the Committee considers that a member should be expelled from membership of the Association because of his or her conduct being detrimental to the objectives and interests of the Association, the Committee shall communicate, either orally or in writing, to the member:-

(a) A notice of the proposed expulsion and of the time, date and place of the Committee meeting at which the question of expulsion will be decided; and

(b) Particulars of that conduct.

Not less than 30 days before the date of the Committee meeting referred to in paragraph (1)

(2) At the Committee meeting referred to in a notice communicated under subrule (1), the Committee may, having afforded the member concerned a reasonable opportunity to be heard by, or to make representations in writing to, the Committee, expel or decline to expel that member from membership of the Association and shall, forthwith after deciding whether or not so to expel that member, communicate that decision in writing to that member.

(3) Subject to subrule (5) , a member who is expelled under subrule (2) from membership of the Association ceases to be a member 14 days after the day on which the decision so to expel him or her is communicated to him or her under subrule (2).

(4) The committees decision is final.

Rule 10. Committee of Management.

(1) The affairs of the Association shall be managed exclusively by a Committee of Management consisting of :-

(a) a Chairperson

(b) a Vice- Chairperson

(d) a Treasurer and

(e) not less than four other committee members but no more than 8 other committee members. One of which shall be a nominated member of staff.

All of whom shall be financial members of the Association elected to membership of that Committee at an annual general meeting or appointed under subrule (7).

(2) (a) At the commencement of the first annual general meeting to be held after incorporation of the Association under the Act members of the committee shall be chosen by nomination.

(b) Committee members shall be eligible for re-election to membership of the committee.

(3) Subject to rule (4) a person is not eligible for election to the committee unless a member has nominated him/her for election by delivering notice in writing of that nomination to the Annual General meeting prior to voting taking place. Both the nominator and the nominee must sign this

(4) A person who is eligible for election or re- election may propose Or second him/herself for election on the day.

(5) The Secretary shall ensure that notice at the Annual General Meeting of members seeking election to the Membership of the Committee are given and the nomination forms are completed.

(6) If the number of persons nominated for election to Membership Of the Committee does not exceed the number of vacancies

(a) the Secretary shall report accordingly.

(b) The Chairperson shall declare those persons to be duly elected as members of the Committee at that Annual General meeting.

(7) When a casual vacancy within the meaning of rule 14 occurs the Committee may:-

(a) appoint a member to fill that vacancy.

(b) Hold office until the next Annual general meeting.

Rule 11. Chairperson.

. (1) The chairperson shall preside at all general meetings and Committee

meetings.

(2) In the advent of the absence of the Chairperson the Vice- Chairperson

will preside. Should that person not be available then the committee

will vote for an acting Chairperson for that occasion.

Rule 12. Secretary.

The Secretary shall :-

(a) co-ordinate the correspondence of the Association.

(b) Keep full and correct minutes of the proceedings of the Committee and Association.

(a) section 27 of the Act in respect to a Register.

(b) Section 28 of the Act in respect of the rules of the Association.

(d) have custody of all books, documents, records and registers of the

Association including those referred to in paragraph(c) but may keep them at the Registered office if it is so desired by the Committee.

(e) Shall not be required to have custody of the books under Rule 13.

(f) Perform such other duties as are imposed by these rules on the Secretary.

Rule 13. Treasurer.

The Treasurer shall:-

(a) be responsible for the receipt of all monies paid to or received by him/herself on behalf of, the Association for membership and shall issues written receipts.

(b) Pay all monies referred to in paragraph (a) into such account or accounts of the Association as the Committee may from time to time direct.

(c) Check the receipts against the bank statements of any money paid into the Association which has been receipted by the coordinator or a worker.

(d) Make payment of the funds of the Association with the authority of the Committee, and in doing so ensure that all cheques have two signatures to them.

(e) Comply on behalf of the Association with sections 25 and 26 of the Act in respect of the accounting records of the Association.

(f) Submit a financial report at each committee meeting.

(g) Have custody of all such financial records, that are presented at the meeting, but will keep a record at the registered office of the Association.

(h) Ensure that an audited report is conducted after the completion of the financial year and presented at the Annual General Meeting.

(i) Perform such other duties as are imposed by these rules on the Treasurer.

Rule 14. Casual Vacancies.

A casual vacancy occurs in the office a Committee member and that office

Becomes vacant if the Committee member :-

(a) Dies

(b) Resigns as under rule 8.

(d) Is permanently incapacitated by mental or physical ill-health.

(e) Is absent for more than 3 committee meetings without the approval of the committee.

(f) Ceases to be a financial member of the Association.

Rule 15. Proceedings of Committee.

(1) The Committee shall meet together for the dispatch of business not less

than once each calendar month and the Chairperson may at any time

convene a meeting of the Committee.

(2) Each Committee member has a deliberative vote.

(3) A question arising at a Committee meeting shall be decided by a

majority of votes, but, if there is an equality of votes, the person

presiding at the Committee meeting shall have a casting vote in

addition to his or her deliberative vote.

(4) At a committee meeting five Committee members constitute a quorum.

(5) An agenda will be set prior to the commencement of the meeting.

(6) A Committee member having any direct or indirect pecuniary interest

referred to in section 21 or 22 of the Act shall comply with that

section.

(7) Should the agenda item be related to a particular staff issue, then that

person will be notified prior to the meeting and be asked to leave the

meeting at that particular time, as there maybe conflict of interest.

(8) Minutes of the meeting shall be kept and all motions recorded with a

record of the vote.

Rule 16. General Meetings.

(1) The Committee :-

(a) May at any time convene a special general meeting.

(b) Shall convene annual general meetings within the time limits provided for the holding of annual general meetings by section 23 of the Act; and

(c) Shall within 30 days of receiving a request in writing to do so from not less than 5 members, convene a special general meeting for the purpose specified in that request.

(2) The members making the request to in subrule (1) (c) shall state in the

request the purpose for which the special general meeting concerned is required and shall all sign the request.

(3) The Association shall ensure that all members are notified of the

Special general meeting.

(4) When a special general meeting is convened under subrule (1) (c)

the Association shall pay the reasonable expenses of convening and

holding the special general meeting.

(5) Subject to subrule (8), the Secretary shall give to all members not less

than 14 days notice of a general meeting and of any motions to be

moved at that meeting.

(6) A notice shall specify

(1) when and where the general meeting concerned is to be held

(2) particulars of the business to be transacted at the general meeting

and the order in which the business is to be transacted.

(7) In the case of an annual general meeting, the order in which business is

to be transacted is

(1) first, the consideration of the accounts and reports of the Committee.

(2) second, the election of Committee members.

(3) Third, any other business requiring consideration by the Association in a general meeting.

(8) The Secretary shall give to all members not less than 21 days notice of

a general meeting at which a special resolution is to be proposed and

of any other motions to be moved at that general meeting.

(9) The Secretary may give notice under subrule (5) or (8) by

(a) severing it to the member personally

(b) sending it by post to a member at the address of the member appearing in the register of members kept and maintained under section 27 of the Act.

(10) When a notice is sent by post under subrule (9) (b) , sending of the

Notice shall be deemed to be properly effected if the notice is

Sufficiently addressed and posted to the member concerned by

Ordinary mail.

Rule 17. Quorum in proceedings at General Meetings.

(1) At a general meeting a minimum of 5 committee members and

2 members either in person or by proxy shall constitute a quorum.

(2) If within 30 minutes after the time specified for the holding of the

General meeting in a notice given under rule 16 (5) or (8) –

(a) a quorum is not present, the general meeting will lapse.

(b) The general meeting stands adjourned to the same day, and time in the following week at the same venue if possible.

(3) If within 30 minutes of the time appointed by subrule (2) (b) for the

Resumption of an adjourned general meeting a quorum is not present, the members who are present in person or by proxy may nevertheless proceed with the business of that general meeting as if a quorum was present.

(4) The chairperson may, with the consent of a general meeting at which a

Quorum is present, and shall, if so directed by such a general meeting, adjourn that general meeting from time to time and from place to place.

(5) There shall not be transacted at an adjourned general meeting any business other than business left unfinished or on the agenda at the time when the general meeting was adjourned.

(6) When a General meeting is adjourned for more than 30 days the Secretary shall give notice as if it was a General meeting.

(7) At a General meeting

(1) an ordinary resolution put to the vote shall be decided by a majority of votes cast on a show of hands: and

(2) a special resolution put to the vote shall be decided in accordance with section 24 of the Act.

(8) A declaration by the Chairperson at the general meeting that an

Ordinary resolution has been passed and that resolution has been minuted is evidence that it is accepted.

(9) If requested at a general meeting by the chairperson or by three or

More members a poll can be put in place.

Rule 18 Minutes of meeting of the Association.

(1) The Secretary shall cause proper minutes of all proceedings of all

General meetings and Committee meeting to be taken and then to be entered within 30 days after the holding of such meetings, as the case requires in a minute book kept for that purpose.

(2) The chairperson shall ensure that the minutes taken of a general

Meeting are checked and signed as correct by the Chairperson of the general meeting or a Committee meeting to which those minutes relate or of the next succeeding general meeting or Committee meeting as the case requires.

(3) When minutes have been entered and signed as correct under this rule,

They shall until the contrary is proved, be evidence that -\

(a) The meeting to which the minutes relates was duly convened and held.

(b) All proceedings recorded as having taken place at the meeting did in fact take place thereat; and

Rule 19 Voting rights of members.

(1) Subject to these rules, each member present in person or by proxy at a

general meeting is entitled to a deliberative vote.

(2) A member which is a body corporate may appoint in writing a natural

person, whether or not he or she is a member, to represent it at a

particular general meeting or at all general meetings.

Rule 20. Proxies of members of the Association.

A Member ( in this rule called “ the appointed member ) may appoint in writing another member who is a natural person to be the proxy of the appointing member and to attend, and vote on behalf of the appointing member at, any general meeting.

Rule 21. Rules of the Association.

(1) The Association may alter or rescind these rules, or make rules

Additional to these rules, in accordance with the procedure set out in Section 17 ,18 and 19 of the Act.

(2) These rules find every member and the Association to the same extent

As if every member and the Association had signed and sealed these rules and agreed to be bound by all their provisions.

Rule 22. Common Seal of the Association.

(1) The Association shall have a common seal on which its corporate

name shall appear in legible characters.

(2) The common seal of the Association shall not be used without the

express authority of the Committee and every use of that common seal

shall be recorded in the minute book referred to in rule 18.

(3) The affixing of the common seal of the Association shall be witnessed

By any two of the Chairperson, the Secretary and the Treasurer.

(4) the common seal of the Association shall be kept in the custody of the

secretary or of such other person as the Committee from time to time decides and shall remain at the register office of the Association.

Rule 23. Inspection of records, etc. of the Association.

A member may at any reasonable time inspect without charge the books, documents, records, and securities of the Association.

Rule 24. Distribution of surplus property on winding up of the Association.

(1) If upon the winding up or dissolution of the association there remains

After satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid or distributed among the members but shall be given or transferred –

(a) to another association incorporated under the Act; or

(b) for charitable purposes.

Which incorporated association or purposes, as the case requires shall be determined by the resolution of the members when authorising and directing the Committee under section 33(3) of the Act to prepare a distribution plan of the surplus property of the Association.

(2) In the event of the winding up or dissolution of the association the

Commissioner of Taxation shall be advised of the date of dissolution within 30 days of the dissolution.