2013 ..... CONSTITUTION OF THE CASINO & DISTRICT FAMILY
HISTORY GROUP INC.
The name of the group shall be known as the Casino & District Family History
Group Inc. hereafter called the Group.
AIMS & OBJECTIVES OF
assist members in their family history research.
To assist non members in
their family history research, within the facilities provided by the Group, at
rates to be determined by the management committee from time to time.
To provide a local
genealogical source centre for the housing of accumulated aids to research.
To hold regular meetings to
foster friendships and exchange knowledge and expertise in research techniques.
To arrange speakers,
displays etc for the benefit of members and the general public.
To welcome new members and
keep all members informed on group activities.
To publicise the existence
of the group and its resources to the general public to encourage the study of
Family History and new membership.
To publish a newsletter at
regular intervals and other literature as required to provide information to
members and other people.
To affiliate or enter into
friendly co-operation with other groups having objectives similar to those of
To enter into arrangements
with any authority, Government or otherwise, which may seem conducive to the
aims and objectives of this group, and to obtain from any such authority,
assistance, privileges or concessions which the group may think desirable, and
to carry out and comply with any such assistance, privileges and concessions.
To enter into any fund
raising venture with the view of generating income for the furtherance of the
groups objectives, providing such venture shall have approval of a majority of
financial members at any ordinary general meeting.
PART 2. MEMBERSHIP
1. The membership
of the Group shall consist of:
Ordinary members (single,
family, aged pensioners, self funded retirees). Family membership includes two
persons in a family unit at one address.
Life Members- Life
membership may be given to a person for their outstanding contribution to the
Group, upon recommendation of the management committee submitted to a General
Meeting and ratified by a vote of 75% of the members eligible to vote and in
attendance at the General Meeting and presented at an appropriate time.
Honorary Members. Honorary
membership may be bestowed upon a person for a specified period of time for
their contribution to the Group, as determined by the Management
A person becomes a member of the Group upon payment of the
3. Members will abide by
the Constitution and By Laws of the Group.
4. Cessation of
Membership – A person ceases to be a member of the
Group if the person:
is expelled from the Group
entitlements are not transferable.
6. Register of Members
A register of members of the
Group shall be maintained, specifying the name and address of each person who is
a member of the Group, together with the date on which that person became a
The register must be kept in
NSW and will be available for inspection by any member of the Group at any
Membership shall be recorded
numerically and all members will receive a receipt and a membership card, with
the renewal of their number from year to year, following payment of their annual
An annual fee shall be
payable by an ordinary member.
The fee shall be determined
by the Management Committee and shall be presented for approval at the September
General Meeting of the membership year.
The membership year shall be
from 1st January to 31st December in each year.
7. Members Liabilities
The liability of a member
of the Group to contribute towards payment of debts and liabilities of the
Group, or the costs, charges and expenses of winding up the Group is limited to
the amount, if any, unpaid by a member in respect of membership fees of the
Group, as required by rule 5.
Resolution of disputes
A dispute between a member
and another member (in their capacity as members) of the group, or a dispute
between a member and members and the Group, are to be referred to a community
justice centre for mediation under the Community Justice Centres Act 1983
If a dispute is not resolved
by mediation within 3 months of the referral to a community justice centre, the
dispute is to be referred to arbitration.
The Commercial Arbitration
Act 1984 applies to any such dispute referred to arbitration.
9. Disciplining of
a) A complaint may be made
to the committee by any person that a member of the group:
has refused or neglected to
comply with a provision or provisions of this constitution, or
has wilfully acted in a
manner prejudicial to the interests of the group.
b) The committee may
refuse to deal with a complaint if it considers the complaint to be trivial or
vexatious in nature.
c) If the committee
decides to deal with the complaint, the committee:
i) must cause
notice of the complaint to be served on the member concerned, and
ii) must give the
member at least 14 days from the time the notice is served within which to make
submissions to the committee in connection with the complaint, and
must take into consideration
any submissions made by the member in connection with the complaint.
The committee may, by
resolution, expel the member from the group or suspend the member from
membership of the group if, after considering the complaint and any submissions
made in connection with the complaint, it is satisfied that the facts alleged in
the complaint have been proved and the expulsion or suspension is warranted in
If the committee expels or
suspends a member, the secretary must, within 7 days after the action is taken,
cause written notice to be given to the member of the action taken, of the
reasons given by the committee for having taken that action and of the member’s
right of appeal under clause 10
The expulsion or suspension
does not take effect:
until the expiration of the
period within which the member is entitled to appeal against the resolution
if within that period the
member exercises the right of appeal, unless and until the group confirms the
resolution under clause 10, whichever is the later.
10. Right of appeal of
a) A member may appeal to
the group in general meeting against a resolution to the committee under clause
9, within 7 days after notice of the resolution is served on the member, by
lodging with the secretary a notice to that effect.
b) The notice may, but
need not, be accompanied by a statement of the grounds on which the member
intends to rely for the purposes of the appeal.
c) On receipt of a notice
from a member under subclause (a), the secretary must notify the committee which
is to convene a general meeting of the group to be held within 28 days after the
date on which the secretary received the notice.
d) At a general meeting of
the group convened under subclause ( c):
i) no business
other than the question of the appeal is to be transacted, and
ii) the committee
and the member must be given the opportunity to state their respective cases
orally or in writing, or both, and
the members present are to
vote by secret ballot on the question of whether the resolution should be
confirmed or revoked.
e) The appeal is to
determined by a simple majority of votes cast by members of the group.
PART 3. THE COMMITTEE
Powers of the committee.
The Management Committee
shall be called the Committee.
The Committee shall control
and manage the affairs of the Group.
The Committee may exercise
all such functions as may be exercised by the Group, other than those functions
that are required by this constitution to be exercised by a general meeting of
members of the Group.
Has power to perform all
such acts and do all such things as appear to the Committee to be necessary or
desirable for the proper management of the affairs of the Group.
The Committee has the power
to form sub-committees, who shall be responsible to the committee and to co-opt
additional members to serve on such committees from time to time.
Composition and membership
The executive committee
shall consist of President, Vice-President, Correspondence Secretary, Minutes
Secretary and Treasurer.
The Management Committee
shall consist of the executive committee and a minimum of four and a maximum of
nine financial members.
A committee member may
hold up to two offices (other than both the president and vice-president
Each member of the
committee subject to these rules shall hold office from the time of their
election until all positions are declared vacant at the next Annual General
Meeting, but are eligible for re-election.
Election of committee
The Committee shall be
elected at the Annual General meeting and all positions shall be honorary.
Only financial members are
entitled to stand for election to the committee, to vote or to do roster.
Nominations of candidates
for elections to the committee shall be called for after the positions have been
declared vacant at the Annual General Meeting.
If the number of
nominations received is equal to the number of vacancies to be filled, the
person nominated shall be deemed to be elected.
If the number of
nominations exceeds the number of vacancies to be filled, a ballot shall be
nominations are received, any vacancies remaining on the committee shall be
deemed to be casual.
Retiring officers shall be
eligible for re-election.
The secretaries of the
Group must lodge his or her address with the Group, as soon as practicable after
In the event of a casual
vacancy occurring in the management committee, a member of the Group may be
appointed to fill the vacancy until the next Annual General Meeting.
A casual vacancy occurs if
Ceases to be member of the Group
Becomes insolvent under
Resigns office in writing to the
Is removed from office under clause
Becomes a mentally incapacitated
Is absent without the consent of
the committee from three consecutive meetings.
Removal of committee members
The group in general meeting
may by resolution remove any member of the committee from the office of member
before the expiration of the member’s term of office and may by resolution
appoint another person to hold office until the expiration of the term of office
of member so removed.
If a member of the committee
to whom a proposed resolution referred to in subclause (a) relates makes
representations in writing to the secretary or president (not exceeding a
reasonable length) and requests that the representations be notified to the
members of the group, the secretary or the president may send a copy of the
representations to each member of the group or, if the representations are not
so sent, the member is entitled to require that the representations, be read out
at the meeting at which the resolution is considered.
Committee meeting and quorum
Meetings shall be held at
least four times a year
Committee meetings shall be
held at a convenient time and place as required.
A quorum necessary for the
transaction of business of the Group at a management meeting shall be five.
Voting and decisions
Each member at the meeting
is entitled to one vote except the chairperson who may exercise a second or
casting vote to decide any issue with equality of votes.
Every motion shall be put
through the chair, moved and seconded.
PART 4 GENERAL MEETINGS
Calling of and holding of
annual general meetings -The
annual general meeting will be held in March each year .
Business at annual general
confirm the minutes of the
preceding annual general meeting.
Receive reports from
committee members on activities of the Group during the preceding financial year
To elect the executive and
To receive and consider any
financial statement required to be submitted to members under the Act.
3. Notice of annual
general meeting – an annual general meeting must
be specified as such in the notice convening it.
4. General meetings:
There shall be at least four
general meetings of the Group each year.
b) The quorum
necessary for the transaction of business of the Group at a general meeting
shall be eight with at least two executive.
c) No item of business
shall be transacted at a general meeting unless a quorum of members eligible to
vote is present.
d) General meeting
notification will be placed in the Group’s newsletter.
A special meeting may be
By the committee at any time
On receipt by the secretary of a
written request thereof signed by eight members whose fees, if payable are not
in arrears and stating the reason for which the meeting is required.
The secretary must, at least 14
days before the date fixed for the holding of the special meeting, give a notice
to each member specifying the place, date and time of the meeting and the nature
of the business proposed.
The notice maybe delivered to the
members personally, posted or by electronic transmission to an address specified
by the member for such notices.
Upon any question arising at
a general meeting of the Group, a member has one vote only and where there is
equal votes, the chairperson has a casting vote.
All votes shall be given
personally, proxy votes are not permitted.
Postal ballots are not to be
conducted by the Group.
Visitors and guests may
take part in discussions of group matters but may not vote.
PART 5 MISCELLANEOUS
– The Group shall effect and maintain
Sources of funds:
The funds of the Group shall
be derived from annual subscriptions, donations and subject to any resolution
passed by the Group in general meeting, such other sources as the committee
The committee shall choose
the financial institution to be used by the Group.
All money received by the
Group shall be deposited as soon as practicable to the credit of the Groups bank
Management of funds:
Subject to any resolution
passed by the Group in a general meeting, the funds of the Group are to be used
in pursuance of the objects of the group in such manner as the committee
All cheques, drafts,
bills and other negotiable instruments shall be signed by any two members of the
Group authorised to do so.
The Group shall keep a
register of all books, software and hardware owned by the group.
Access to and usage of
the equipment shall be determined from time to time by the executive committee.
Change of name, objects and
An application to the
Director –General for registration of a change in the Groups name, objects or
constitution in accordance with section 10 of the Act is to be made by the
public officer or a committee member.
Custody and inspection of
except as otherwise provided
by these rules, custody and control of the various books, records and other
documents relating to each of the executive positions, shall be vested in the
person occupying such position, during their tenure.
Except as otherwise provided
by this constitution, the public officer must keep in his or her custody or
under his or her control all records, books and other documents relating to the
The records, books and other
documents of the Group shall be open for inspection, free of charge by any
member of the Group at any reasonable hour.
Dissolution of the Group
the Group shall be deemed to
be defunct if the membership of the Group falls below eight or if a special
meeting called for the purpose decides by a majority of 75% to dissolve it.
If upon winding up or
dissolution of the Group there remains after satisfaction of all debts and
liabilities any property whatsoever, the same shall not be paid to or
distributed amongst the members of the Group but shall be given or transferred
to some other Group having objects similar to those of this Group and which
shall prohibit the distribution of its or their income and property amongst its
or their members and which is a authority or Institution approved by the
Commissioner of Taxation as a authority or institution referred to in Division
30 of the Income Tax Assessment Act, 1997.
In furtherance of the
objects of the Group to amalgamate with any one or more incorporated
organisations having objects similar to those of the Group and which shall
prohibit the distribution of its or their income and property amongst its or
their members to an extent at least as great as that imposed upon this Group and
which is a fund, authority or institution approved by the Commissioner of
Taxation as a fun, authority or institution referred to in Division 30 of the
Income Tax Assessment Act, 1997.
The financial year for the
Group will be from 1st January to 31st December.