1
SUPERANNUATED COMMONWEALTH OFFICERS’
ASSOCIATION
(AUSTRALIAN CAPITAL TERRITORY) INCORPORATED
RULES
INCLUDING STATEMENT OF OBJECTS AND PURPOSES
As at 1 September 2014
TABLE OF CONTENTS
RULE 1-NAME
RULE 2-STRUCTURE
RULE 3-INTERPRETATION
RULE 4-MEMBERSHIP
.Composition
.Membership procedure
.Entitlements of membership
.Subscriptions
.Financial members
.Unfinancial members
.Financial liability of members
.Termination of membership
RULE 5-GENERAL MEETINGS
.Annual General Meetings
.Ordinary General Meetings
.Special General Meetings
.General Meetings - Procedure
RULE 6 -MANAGEMENT COMMITTEE
.Composition
.Elections
.Casual Vacancies
.Termination of Office
.Powers and Functions
.Meetings - Procedure
.Duties and Responsibilities
RULE 7-FINANCE
.Source of Funds
.Management of Funds
.Use of Funds
.Capitation Fees
.Financial Liability to Federal Council
RULE 8-AUDIT
RULE 9-NATIONAL BOARD OF MANAGEMENT
RULE 10 -DISSOLUTION
RULE 11-ALTERATION OF RULES AND STATEMENT OF OBJECTS AND PURPOSES
RULE 12-COMMON SEAL
RULE 13-CUSTODY OF BOOKS
STATEMENT OF OBJECTS AND PURPOSES
SUPERANNUATED COMMONWEALTH OFFICERS’ ASSOCIATION
(AUSTRALIAN CAPITAL TERRITORY) INCORPORATED
RULES
RULE 1NAME
1.1The name of the Association is the Superannuated Commonwealth Officers’ Association (Australian Capital Territory) Incorporated.
1.2The headquarters of the Association shall be located in Canberra.
RULE 2STRUCTURE
2.1There shall be a national board of management to be known as the Superannuated Commonwealth Officers’ Association (Federal Council) Incorporated which shall be the supreme policy making body of the Association.
2.2Under the policy direction of the Federal Council there may be constituted a Branch in each of the States and Territories of Australia.
2.3General meetings of financial members shall be the governing body of the Branch and, subject to these Rules, shall have power to -
a)superintend, manage and control the affairs of the Branch;
b)elect officers of the Association and ordinary members of the Branch Executive; and
c)determine rates of subscription which may be set as annual rates or rates covering periods of years.
2.4Subject to Rule 2.3, the day to day management and control of the affairs of the Association in each State or Territory shall be vested in a Branch Executive which shall implement the policies of the Federal Council and give effect to the resolutions of members taken at General Meetings of the Association.
2.5The Branch Executive may establish Sub-Branches or Sub-Committees.
2.6The object and purposes of the Association shall be as specified in the Statement of Objects and Purposes attached to these Rules.
RULE 3INTERPRETATION
3.1In these Rules unless the contrary appears -
3.2Federal Council: means the national board of management being the Superannuated Commonwealth Officers’ Association (Federal Council) Incorporated.
3.3Association: means the Superannuated Commonwealth Officers’ Association (Australian Capital Territory) Incorporated.
3.4Branch: means the Association as defined.
3.5Branch Executive: means the management committee of the Association.
3.6Officer of the Association: means the occupant of the office of President, Vice President, Secretary or Treasurer.
3.7Ordinary member of the Branch Executive: means the occupant of any office of the management committee except for those offices occupied by officers of the Association.
3.8Public Officer: means a member of the Branch Executive appointed by that Branch Executive to occupy for the time being the office of Public Officer of the Association.
3.9Executive Sub-Committee: means the Sub-committee established by the Branch Executive to deal with matters of urgency arising between regular meetings of that Executive.
3.10Sub-Committee: means a sub-group of, or approved by, the Branch Executive.
3.11Member: means a person:
(a)who is receiving a superannuation pension from the Commonwealth or any similar organisation approved by Federal Council; or
(b)to whom the Commonwealth or any other similar organization approved by Federal Council has paid a retirement benefit in the form of a lump sum; or
(c)who is presently contributing towards or is entitled to, or may at some future time become entitled to, a payment under paragraph (a) or (b);
and who has applied for, and been admitted to, membership under rule 4.2.
3.15Honorary Life Member: means a member of the Association who has been granted honorary life membership by the Branch for meritorious service to the Association.
3.18Financial year means the 1st January till 31st December each year.
3.19Annual Meeting: means within the context of the relevant Rule an annual meeting of the Branch Executive or an annual general meeting of members of the Association.
3.20Ordinary Meeting: means within the context of the relevant Rule a regular meeting of the Branch Executive or a regular meeting of members of the Association.
3.21Special Meeting: means within the context of the relevant Rule a meeting of the Branch Executive or a meeting of members of the Association called specially to consider a matter or matters raised under the provisions of the relevant Rule.
3.22Words or expressions contained in these Rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1901 as in force from time to time.
RULE 4MEMBERSHIP
4.1Composition
4.1.1Every person who at the date of incorporation of the Association was a member of the unincorporated Association known as the Superannuated Commonwealth Officers’ Association (ACT Branch) shall remain a member of the incorporated Association in the same class of membership as the member held in the unincorporated Association.
4.1.2A person who is not a member of the Association at the time of incorporation of the Association (or who was such a member at that time but has ceased to be a member) shall not be admitted to membership –
a)unless that person makes application in accordance with these Rules; and
b)that person’s admittance as a member is approved in accordance with these Rules.
4.1.3The membership shall comprise the following categories of members as defined in Rule 3 –
a)member
b)honorary life member
4.1.4The number of members in any or all of the above categories shall be unlimited.
4.2Membership Procedure
4.2.1Any person eligible for membership as provided for in these Rules may be enrolled upon completion of the appropriate application form and payment of the prescribed subscription.
4.2.2A person seeking admission to membership (except for honorary life member) shall make written application on the appropriate form to the Secretary of the Branch.
4.2.3Every application shall be accompanied by the amount of annual subscription.
4.2.4Except as provided in Rules 4.2.6 and 4.2.7, the Secretary shall issue a receipt for the subscription received and forward this to the applicant with advice of his or her admission to the Association.
4.2.5The Secretary shall enter in a Membership Register the applicant’s name, address, date of joining, membership category and amount of subscription paid.
4.2.6Where the Secretary considers there are sound reasons for rejecting an application for membership, he or she shall refer the matter promptly to the Branch Executive for decision at its next regular meeting.
4.2.7A person whose application for membership has been rejected shall be so advised by the Secretary and shall be entitled to appear personally before the Branch Executive and to be heard in the person’s own cause after which the Branch Executive shall either confirm the rejection or admit the person to membership as it deems fit and the decision of the Branch Executive shall be final.
4.2.8The Secretary shall enter particulars in the Membership Register of deaths, resignations, terminations and reinstatements of membership and any other particulars as may be required from time to time.
4.3Entitlements of Membership
4.3.1All financial members may speak, move motions and vote at any General Meeting of members convened under these Rules.
4.3.2All financial members are eligible for election to any office of the Branch Executive.
4.3.5Each member is entitled to the use and benefit of all privileges, facilities and services provided by the Branch and to a copy of these Rules upon application to the Secretary.
4.3.6A right, privilege or obligation of a person by reason of his or her membership of the Association –
a)is not capable of being transferred or transmitted to another person; and
b)terminates upon the cessation of his or her membership whether by death, resignation or otherwise.
4.4Subscriptions
4.4.1As the governing body of the Branch, General Meetings of financial members shall determine rates of subscription payable by members.
4.4.3Subscriptions shall be payable in advance of being admitted to membership and on 1st January each year.
4.4.4Honorary Life Members shall not be required to pay any further subscriptions.
4.5Financial Members
4.5.1A Financial Member is one who has paid all subscriptions and any other amounts due. Such a member who is a Financial Member on 31st December shall remain a Financial Member until, and including, 31st March of the following year.
4.6Unfinancial Members
4.6.1Any member who is not a financialmember as defined in rule 4.5.1 shallimmediately become an unfinancial memberand shall cease to have the rights and privilege of membership.
4.7Financial Liability of Members
4.7.1The liability of a member of the Association to contribute towards the payment of the debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association is limited to the amount, if any, unpaid by the member in respect of membership of the Association as required by Rule 4.4.
4.8Termination of Membership
4.8.1A person who has been unfinancial as defined in Rule 4. 6 .1 for more than 12 months shall cease to be a member.
4.8.2A person who has forfeited membership through non-payment of subscription shall not be re-admitted as a member unless and until all subscriptions and other moneys due by that person to the Association have been paid, provided that such a person may be readmitted at the discretion of the Branch Executive without payment of suchsubscriptions or other moneys.
4.8.3A member of the Association who has paid all moneys due and payable by that member to the Association may resign from the Association on giving notice in writing to the Branch Secretary of his or her intention to resign.
4.8.4Upon the expiration of the period of such notice the Secretary shall delete from the Membership Register the name of the member concerned and record the date on which the member ceased to be a member.
4.8.5Subject to these Rules, the Branch Executive may by resolution reprimand, suspend or expel a member from any office or membership of the Association for having acted in breach of these Rules, for knowingly acting contrary to a lawfully given direction, or for conduct which is, in the opinion of the Executive, prejudicial to the interests of the Association.
4.8.6A member dealt with under Rule 4.8.5 may appeal to a General Meeting of members.
4.8.7Any action taken by the Branch Executive pursuant to Rule 4.8.5 shall be reported to the next regular General Meeting of members or a General Meeting specially called for the purpose.
4.8.8The General Meeting may confirm or negate the reprimand, suspension or expulsion or otherwise deal with the member.
4.8.9A person so expelled may not be re-admitted to membership except by special resolution on notice at a subsequent General Meeting.
4.8.10 A member shall not be dealt with pursuant to these Rules by either the Branch Executive or a General Meeting of members unless he or she has been given reasonable notice of the charge or charges and an opportunity to be heard in his or her defence.
RULE 5GENERAL MEETINGS
5.1Annual General Meetings
5.1.1The Branch shall in each calendar year convene an Annual General Meeting of its members.
5.1.2The Annual General Meeting shall be held at such time and place as is determined by a previous General Meeting or by the Branch Executive but not later than the last day of March in each year.
5.1.3The intention of holding an Annual General Meeting shall be advertised to members in writing not less than 14 days prior to each such meeting.
5.1.4The Branch Executive shall, prior to each Annual General Meeting, cause to be prepared an Annual Report of the activities of the Branch for the past financial year. The report accompanied by a copy of the audited annual financial statement and audited balance sheet shall be presented to the Annual General Meeting.
5.1.5The ordinary business of the Annual General Meeting shall be –
.to confirm the minutes of the preceding Annual General Meeting;
.to receive and adopt the Annual Report;
.to receive and adopt the audited statement of income and expenditure, the audited balance sheet and any report furnished by the Auditor/s;
.to elect officers of the Association and ordinary members of the Branch Executive for the forthcoming year;
.to appoint Auditor/s as required; and
.to determine honoraria and other payments to officers or members of the Executive.
5.1.6The Annual General Meeting may transact special business of which notice is given in writing.
5.1.7Notice of Motion shall be notified to members by the Branch Executive not less than 14 days prior to an annual, ordinary or Special Meeting being held.
5.1.8The Annual General Meeting shall be in addition to any other General Meeting(s) that may be held in the same year.
5.2Ordinary General Meeting
5.2.1Ordinary General Meetings shall be held at such time and place as is determined by a previous General Meeting or by the Branch Executive.
5.2.2The intention of holding such meetings shall be advised to members in writing not less than 14 days prior to each meeting.
5.2.3The ordinary business of an Ordinary General Meeting shall be;
.confirmation of minutes of the previous Ordinary General meeting;
.business arising from those minutes;
.notices of motion;
.correspondence
.accounts and financial statement;
.elections and/or appointments;
.a report from the Branch Executive; and
.general business.
5.2.4Notices of Motion shall be notified to members as indicated in Rule 5.1.7.
5.3Special General Meetings
5.3.1The Branch Executive may, whenever it thinks fit, convene a Special General Meeting of the Association.
5.3.2Upon receipt of a requisition signed by at least twenty financial members a Special General Meeting shall be convened by the Branch Executive within twenty-one days.
5.3.3The request for a Special General Meeting shall state the objects and purposes of the meeting and shall be signed by the members making the request and forwarded to the Secretary. The request may consist of several documents in a like form, each signed by one or more of the members making the request.
5.3.4Notices of Motion shall be notified to members as indicated in Rule 5.1.7.
5.3.5If the Branch Executive fails to convene a Special General meeting to be held within 21 days after the date on which the requisition is lodged with the Secretary any one or more of the members who made the requisition may convene a Special General Meeting to be held not later than two months after that date.
5.3.6A Special General Meeting convened by members in pursuance of these Rules shall be convened as nearly as practicable in the same manner as General Meetings are convened by the Branch Executive and all reasonable expenses incurred in convening the meeting shall be refunded by the Branch to the member or members incurring the expenses.
5.3.7No resolution or other business which is not stated in the notice convening the meeting or is not included within the objects and purposes for which the meeting is convened shall be considered at a Special General Meeting.
5.4General Meetings - Procedure
5.4.1No item of business shall be transacted at an Annual General Meeting, an Ordinary General Meeting or a Special General Meeting unless a quorum of members entitled under these Rules to vote is present during the time when the meeting is considering that item.
5.4.2A quorum for the transaction of business at an Annual, Ordinary or Special General Meeting shall be twenty financial members or two percent of financial members of the Branch whichever is the greater.
5.4.3If within half an hour after the appointed time for the commencement of a General Meeting a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to a time and place to be announced by the Chairman at the time of adjournment. If at the adjourned meeting the quorum is not present within half an hour after the time appointed for commencement of the meeting, the members present (being not less that 50 percent of the quorum) shall be a quorum otherwise the meeting shall be dissolved.
5.4.4Only financial members and honorary life members shall be entitled to speak or to vote in respect of any resolution presented to an Annual, Ordinary or Special General Meeting.
5.4.5The President shall preside at all General Meetings of the Association at which he is present.
5.4.6In the absence or unavailability of the President a Vice President shall preside at General Meetings of the Association.
5.4.7In the absence of both the President and Vice Presidents from the whole or part of any General Meeting the meeting shall appoint a person to preside.
5.4.8A question arising at a General Meeting of the Association shall be determined on a show of hands, or if demanded by a majority of members present by secret ballot, and a declaration by the presiding officer that a resolution has, on a show of hands or by secret ballot, been carried, carried unanimously, carried by a particular majority or lost.
5.4.9Upon any question arising at a General Meeting of the Association a member has one vote only. All votes shall be cast personally and voting by proxy shall not be permitted. The officer presiding shall not have a casting vote and in the event of an equality of votes a matter shall be decided in the negative.
5.4.10The presiding officer at any General Meeting of the Association shall ensure that proceedings are conducted in a fair and orderly manner following commonly accepted Rules of Debate.
5.4.11The presiding officer at an Annual, Ordinary or Special General Meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
5.4.12Where a meeting is adjourned for 14 days or more, a like notice of the adjourned meeting shall be given as in the case of the Annual, Ordinary or Special General Meeting initially called.
RULE 6MANAGEMENT COMMITTEE
6.1Subject to these Rules, policy decisions taken by the Federal Council and directions from General Meetings of financial members, the affairs of the Association shall be managed and controlled by a management committee known as the Branch Executive.
6.2Composition
6.2.1The Branch Executive shall consist of the offices listed in Rule 6.2.3, the occupants of which shall be financial members of the Association.
6.2.2The members of the first Branch Executive are the persons who were the members of the Executive of the ACT Branch of the Superannuated Commonwealth Officers Association immediately before the Association was incorporated.
6.2.3The Branch Executive shall be consisted as follows-
a)Officers of the Association
.a President;
.two Vice Presidents;
.a Secretary;
.a Treasurer; or
.a Secretary/Treasurer in lieu of a Secretary and a Treasurer.