Annie Dennis Children's Centre Incorporated

Associations Incorporation Reform Regulations 2012

S.R. No. 128/2012

Annie Dennis Children's Centre IncorpoRated

Associations Incorporation Reform Act 2012

Annie Dennis Children's Centre Incorporated

Note

The persons who from time to time are members of the Association are an incorporated association by the name given in rule1 of these Rules.

Under section 46 of the Associations Incorporation Reform Act 2012, these Rules are taken to constitute the terms of a contract between the Association and its members.

PART1—PRELIMINARY

1 Name

The name of the incorporated association is 'Annie Dennis Children's Centre Incorporated'.

Note

Under section 23 of the Act, the name of the association and its registration number must appear on all its business documents.

2 Purposes

The purposes of the association are

(a) To operate services related to Early Childhood Education and Care which are -

(i) Community managed – to ensure that decisions about the way in which services are run will be made through a management structure involving a majority of parents and educators;

(ii) Culturally relevant – to ensure that the services reflect, accommodate and reinforce the different cultural backgrounds of the families using them, including indigenous cultures near and far;

(iii) Flexible – to ensure that the services cater for care and educational needs of children in the City of Darebin and respect, encourage, celebrate the individual diversity of each child; and

(iv) Network developing – to ensure that the services assist in developing strong community networks, encouraging families to work in partnership with us and fostering positive connections with the wider community

(b) To promote the emotional and physical wellbeing of each child and to enhance the quality of life of families in the City of Darebin

(c) To co-operate with other children’s and family services, as well as the wider local community, to foster the development of a comprehensive, flexible, and integrated approach to the needs of the local community

(d) To be a leader in the Early Childhood Education and Care sector by modelling innovative programmes and ideas

(e) To be an employer of choice, allowing educators to bring their own experience, knowledge, understanding and values to the program in a professionally supportive environment

(f) To operate in a sustainable way that respects the immediate and wider environment we are in, and to allow children to learn in supportive, flexible, relaxed and safe indoor and outdoor environments, which meet their changing needs

(g) To make representations and recommendations, on behalf of the sector, to Government departments, Public Authorities, and Local Governing Bodies with regard to matters likely to affect Early Childhood Services and operations, its members’ children and others in the wider community.

(h) To make representations and recommendations and otherwise act on behalf of its members in relation to the Act and the operation thereof.

(i) To finance the implementation of the functions of the Association and Annie Dennis Children’s Centre.

(j) To do all such acts, matter and things as in the opinion of the Association may be incidental or conducive to the attainment of any of the foregoing functions.

3 Financial year

The financial year of the Association is each period of 12 months ending on 30 June.

4 Definitions

In these Rules—

absolute majority, of the Committee, means a majority of the committee members currently holding office and entitled to vote at the time (as distinct from a majority of committee members present at a committee meeting);

associate member means a member referred to in rule14(1);

Chairperson, of a general meeting or committee meeting, means the person chairing the meeting as required under rule46;

Committee means the Committee having management of the business of the Association;

committee meeting means a meeting of the Committee held in accordance with these Rules;

committee member means a member of the Committee elected or appointed under Division3 of Part5;

disciplinary appeal meeting means a meeting of the members of the Association convened under rule23(3);

disciplinary meeting means a meeting of the Committee convened for the purposes of rule22;

disciplinary subcommittee means the subcommittee appointed under rule20;

financial year means the 12 month period specified in rule3;

general meeting means a general meeting of the members of the Association convened in accordance with Part4 and includes an annual general meeting, a special general meeting and a disciplinary appeal meeting;

member means a member of the Association;

member entitled to vote means a member who under rule13(2) is entitled to vote at a general meeting;

other eligible persons means those persons in categories (b) to (e) in rule 8.

special resolution means a resolution that requires not less than three-quarters of the members voting at a general meeting, whether in person or by proxy, to vote in favour of the resolution;

the Act means the Associations Incorporation Reform Act 2012 and includes any regulations made under that Act;

the Registrar means the Registrar of Incorporated Associations.

PART2—POWERS OF ASSOCIATION

5 Powers of Association

(1) Subject to the Act, the Association has power to do all things incidental or conducive to achieve its purposes.

(2) Without limiting subrule(1), the Association may—

(a) acquire, hold and dispose of real or personal property;

(b) open and operate accounts with financial institutions;

(d) raise and borrow money on any terms and in any manner as it thinks fit;

(e) secure the repayment of money raised or borrowed, or the payment of a debt or liability;

(f) appoint agents to transact business on its behalf;

(g) enter into any other contract it considers necessary or desirable.

(3) The Association may only exercise its powers and use its income and assets (including any surplus) for its purposes.

6 Not for profit organisation

(1) The Association must not distribute any surplus, income or assets directly or indirectly to its members.

(2) Subrule(1) does not prevent the Association from paying a member—

(a) reimbursement for expenses properly incurred by the member; or

(b) for goods or services provided by the member—

if this is done in good faith on terms no more favourable than if the member was not a member.

Note

Section 33 of the Act provides that an incorporated association must not secure pecuniary profit for its members. Section 4 of the Act sets out in more detail the circumstances under which an incorporated association is not taken to secure pecuniary profit for its members.

PART3—MEMBERS, DISCIPLINARY PROCEDURES AND GRIEVANCES

Division1—Membership

7 Minimum number of members

The Association must have at least 5 members.

8 Who is eligible to be a member

Any person who supports the purposes of the Association and who is:

(a) a parent or guardian of a child attending the Annie Dennis Children's Centre; or

(b) a parent or guardian of a child on the City of Darebin Centralised waiting list; or

(d) a resident of the City of Darebin; or

(e) in the opinion of the Committee, able to make a meaningful contribution to the Association in carrying out its purposes,

is eligible for membership, provided that the number of other eligible persons does not exceed 20% of the total membership at any one time.

9 Membership – parents and guardians

The parents and guardians of children attending Annie Dennis Children's Centre may become members of the Association by submitting—

(a) the childcare or kindergarten enrolment form indicating that they consent to become members of the Association; and

(b) the childcare bond or kindergarten deposit.

Other eligible persons must apply in writing to the Committee for membership in accordance with rule 9A.

9A Membership – other eligible persons

(1) To apply to become a member of the Association, other eligible persons must submit a written application to a committee member stating that the person—

(a) wishes to become a member of the Association; and

(b) supports the purposes of the Association; and

(2) The application—

(a) must be signed by the applicant; and

(b) may be accompanied by the joining fee.

Note

The joining fee is the fee (if any) determined by the Association under rule12(3).

10 Consideration of application from other eligible persons

(1) After an application for membership is received from an other eligible person, the Committee may decide by resolution to reject the application and must notify the applicant in writing of its decision as soon as practicable after the decision is made.

(2) If the Committee rejects the application, it must return any money accompanying the application to the applicant.

(3) No reason need be given for the rejection of an application.

11 New membership

Unless the Committee has rejected an application for membership in accordance with rule 10:

(1) the Secretary must, as soon as practicable, enter the name and address of a new member, and the date of becoming a member, in the register of members; and

(2) a person becomes a member of the Association and, subject to rule13(2), is entitled to exercise his or her rights of membership from the date on which his or her name is entered in the register of members.

12 Annual subscription and fee on joining

(1) At each annual general meeting, the Association must determine—

(a) the amount of the annual subscription (ifany) for the following financial year; and

(b) the date for payment of the annual subscription.

(2) The Association may determine that a lower annual subscription is payable by associate members.

(3) The Association may determine that any new member who joins after the start of a financial year must, for that financial year, pay a fee equal to—

(a) the full annual subscription; or

(b) a pro rata annual subscription based on the remaining part of the financial year; or

(4) The rights of a member (including the right to vote) who has not paid the annual subscription by the due date are suspended until the subscription is paid.

13 General rights of members

(1) A member of the Association who is entitled to vote has the right—

(a) to receive notice of general meetings and of proposed special resolutions in the manner and time prescribed by these Rules; and

(b) to submit items of business for consideration at a general meeting; and

(d) to vote at a general meeting; and

(e) to have access to the minutes of general meetings and other documents of the Association as provided under rule75; and

(f) to inspect the register of members.

(2) A member is entitled to vote if—

(a) the member is a member other than an associate member; and

(b) more than 10 business days have passed since he or she became a member of the Association; and

14 Associate members

(1) Associate members of the Association include—

(a) any members under the age of 15 years; and

(b) any other category of member as determined by special resolution at a general meeting.

(2) An associate member must not vote but may have other rights as determined by the Committee or by resolution at a general meeting.

15 Rights not transferable

The rights of a member are not transferable and end when membership ceases.

16 Ceasing membership

(1) The membership of a person ceases on:

(a) resignation;

(b) withdrawal of that persons child(ren) from attendance at Annie Dennis Children's Centre;

(c) a person being in arrears with their childcare or kindergarten fees for a period of 1 month from the date on which the fees fell due, and the Committee decides that the membership of that person should cease;

(d) cessation of paid employment with the Association;

(d) expulsion; or

(e) death.

(2) If a person ceases to be a member of the Association, the Secretary must, as soon as practicable, enter the date the person ceased to be a member in the register of members.

17 Resigning as a member

(1) A member may resign by notice in writing given to the Association.

Note

Rule74(3) sets out how notice may be given to the association. It includes by post or by handing the notice to a member of the committee.

(2) A member is taken to have resigned if—

(a) the member's annual subscription is more than 12 months in arrears; or

(b) where no annual subscription is payable—

(A) the Secretary has made a written request to the member to confirm that he or she wishes to remain a member; and

(B) the member has not, within 3 months after receiving that request, confirmed in writing that he or she wishes to remain a member.

18 Register of members

(1) The Secretary must keep and maintain a register of members that includes—

(a) for each current member—

(i) the member's name;

(ii) the address for notice last given by the member;

(iii) the date of becoming a member;

(iv) if the member is an associate member, a note to that effect;

(v) any other information determined by the Committee; and

(b) for each former member, the date of ceasing to be a member.

(2) Any member may, at a reasonable time and free of charge, inspect the register of members.

Note

Under section 59 of the Act, access to the personal information of a person recorded in the register of members may be restricted in certain circumstances. Section 58 of the Act provides that it is an offence to make improper use of information about a person obtained from the Register of Members.

Division2—Disciplinary action

19 Grounds for taking disciplinary action

The Association may take disciplinary action against a member in accordance with this Division if it is determined that the member—

(a) has failed to comply with these Rules; or

(b) refuses to support the purposes of the Association; or