CONSTITUTION

2013 ..... CONSTITUTION OF THE CASINO & DISTRICT FAMILY HISTORY GROUP INC.

 

 PART 1. 

 NAME: The name of the group shall be known as the Casino & District Family History Group Inc. hereafter called the Group.

AIMS & OBJECTIVES OF THE GROUP

a)      To assist members in their family history research.

b)      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.

c)      To provide a local genealogical source centre for the housing of accumulated aids to research.

d)      To hold regular meetings to foster friendships and exchange knowledge and expertise in research techniques.

e)      To arrange speakers, displays etc for the benefit of members and the general public.

f)       To welcome new members and keep all members informed on group activities.

g)      To publicise the existence of the group and its resources to the general public to encourage the study of Family History and new membership.

h)      To publish a newsletter at regular intervals and other literature as required to provide information to members and other people.

i)        To affiliate or enter into friendly co-operation with other groups having objectives similar to those of this group.

j)        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.

k)      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:

a)      Ordinary members (single, family, aged pensioners, self funded retirees). Family membership includes two persons in a family unit at one address.

b)      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.

c)      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 Committee.

2. A person becomes a member of the Group upon payment of the required fees.

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:

a)      dies or

b)      resigns membership

c)      is expelled from the Group

 

5. Membership entitlements are not transferable.

 

6. Register of Members

a)      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 member.

b)      The register must be kept in NSW and will be available for inspection by any member of the Group at any reasonable hour.

c)      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 fee.

6. Fees

a)      An annual fee shall be payable by an ordinary member.

b)      The fee shall be determined by the Management Committee and shall be presented for approval at the September General Meeting of the membership year.

c)      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.

     

8.    Resolution of disputes

a)      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

b)      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.

c)      The Commercial Arbitration Act 1984 applies to any such dispute referred to arbitration.

           

9. Disciplining of Members

a) A complaint may be made to the committee by any person that a member of the group:

i)                    has refused or neglected to comply with a provision or provisions of this constitution, or

ii)                  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

iii)                must take into consideration any submissions made by the member in connection with the complaint.

d)      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 the circumstances.

e)      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

f)       The expulsion or suspension does not take effect:

i)                    until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or

 

ii)                  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 disciplined member

 

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

iii)              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

 

1.      Powers of the committee. 

 

a)      The Management Committee shall be called the Committee.

b)      The Committee shall control and manage the affairs of the Group.

c)      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.

d)      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.

e)      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.

 

2.      Composition and membership of committee

 

a)      The executive committee shall consist of President, Vice-President, Correspondence Secretary, Minutes Secretary and Treasurer.

b)      The Management Committee shall consist of the executive committee and a minimum of four and a maximum of nine financial members.

c)      A committee member may hold up to two offices (other than both the president and vice-president offices).

d)      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.

 

3.      Election of committee members

 

a)      The Committee shall be elected at the Annual General meeting and all positions shall be honorary.

b)      Only financial members are entitled to stand for election to the committee, to vote or to do roster.

c)      Nominations of candidates for elections to the committee shall be called for after the positions have been declared vacant at the Annual General Meeting.

d)      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.

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

 

 

f)        If insufficient nominations are received, any vacancies remaining on the committee shall be deemed to be casual.

g)      Retiring officers shall be eligible for re-election.

 

4.      Secretary positions

The secretaries of the Group must lodge his or her address with the Group, as soon as practicable after their election.

 

5.      Casual vacancies

 

a)      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.

b)      A casual vacancy occurs if the member:

·         Dies

·         Ceases to be member of the Group

·         Becomes insolvent under administration.

·         Resigns office in writing to the Secretary

·         Is removed from office under clause 7

·         Becomes a  mentally incapacitated person

·         Is absent without the consent of the committee from three consecutive meetings.

 

6.      Removal of committee members

a)      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.

b)      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.

 

7.      Committee meeting and quorum

 

a)      Meetings shall be held at least four times a year

b)      Committee meetings shall be held at a convenient time and place as required.

c)      A quorum necessary for the transaction of business of the Group at a management meeting shall be five.

 

8.      Voting and decisions

 

a)      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.

b)      Every motion shall be put through the chair, moved and seconded.

 

PART 4  GENERAL MEETINGS

 

1.      Calling of and holding of annual  general meetings  -The annual general meeting will be held in March each year .

 

2.      Business at annual general meetings:

 

a)      confirm the minutes of the preceding annual general meeting.

b)      Receive reports from committee members on activities of the Group during the preceding financial year

c)      To elect the executive and management committee.

d)      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:

 

a)        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.

e)      A special meeting may be called:

·        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.

f)       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.

g)      All votes shall be given personally, proxy votes are not permitted.

h)      Postal ballots are not to be conducted by the Group.

i)        Visitors and guests may take part in discussions of group matters but may not vote.

 

PART 5  MISCELLANEOUS

 

1.      Insurance – The Group shall effect and maintain insurance.

2.      Sources of funds:

a)      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 determines.

b)      The committee shall choose the financial institution to be used by the Group.

c)      All money received by the Group shall be deposited as soon as practicable to the credit of the Groups bank account.

3.      Management of funds:

 

a)      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 determines.

b)      All cheques, drafts, bills and other negotiable instruments shall be signed by any two members of the Group authorised to do so.

 

4.      Property

 

a)      The Group shall keep a register of all books, software and hardware owned by the group.

b)      Access to and usage of the equipment shall be determined from time to time by the executive committee.

 

5.      Change of name, objects and constitution

 

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.

 

6.      Custody and inspection of the books.

 

a)      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.

b)      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 Group

c)      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.

 

 

7.      Dissolution of the Group

 

a)      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.

b)      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.

c)      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.

 

8.      Financial Year.

 

The financial year for the Group will be from 1st January to 31st December.