Constitution and By-Laws
Part 1 - Names, Definitions and Objectives
SECTION 1 - NAME OF THE CHAPTER
“New South Wales Association of Fire Investigators Incorporated” (NSWAFI) (hereinafter referred to as „The Chapter‟ or „The Association‟)
SECTION 2 - DEFINITIONS
In this Constitution:
President means the person holding office under this Constitution as President of The Association
Ordinary Committee Member means a member of The Committee who is not an office-bearer of The Association
Vice-President means the person holding office under this Constitution as Vice-President of The Association
Junior Vice-President means the person holding office under this Constitution as Junior Vice-President of The Association
Secretary means the person holding office under this constitution as Secretary of The Association, or if no such person holds that office – The Public Officer of The Association
Treasurer means the person holding office under this Constitution as Treasurer of The Association
Public Officer means the person holding office under this Constitution as Public Officer of The Association
Chapter means shall refer to and mean The Association
The Association means shall refer to and mean The Chapter
Special General Meeting means a General Meeting of The Association other than an Annual General Meeting
The Act means The Associations Incorporations Act 2009 and updates hereafter The Regulation means The Associations Incorporation Regulations 2010 and updates hereafter
NSWAFI means The New South Wales Association of Fire Investigators Inc
1. In this Constitution:
(a) A reference to a function includes a reference to a power, authority and duty, and
(b) A reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty
2. The provisions of and updates hereafter apply to and in respect to this constitution in the same manner as those provisions would so apply if this constitution were an instrument made under The Act
SECTION 3 – OBJECTIVES AND PURPOSES
The objectives and purposes of this Chapter/Association are:
(a) To unite for mutual benefit, those public officials and private individuals engaged in the control of fire, arson and kindred crimes;
(b) To provide for an exchange of technical information and developments, and to be a focal point for educational, social and developmental relationships between members and organizations, thereby serving as a correlation base for attacking the fire and arson problem in NSW.
(c) To encourage co-operation between public service agencies and private enterprises and associations, to further the investigation of fire causes, suppression and prevention of arson in NSW.
(d) To encourage high professional standards of conduct amongst fire and arson investigators and to continually strive to eliminate all factors which may inhibit or interfere with the investigation of fire causes and the administration of crime suppression.
(e) To foster and promote greater professional competence in fire investigation techniques and the recognition of the need to reduce the incidence of the crime of arson.
It is hereby acknowledged and declared that the chapter is a non-trading association that does not seek pecuniary gain for its members.
Part 2 - Membership
SECTION 4 – MEMBERSHIP GENERALLY
1. A person is eligible to be a member of The Association if:
(a) The person is a natural person, and
(b) The person has been nominated and approved for membership of The Association in accordance with Subsection 3
2. A person is taken to be a member of The Association if:
(a) The person is a natural person, and
(b) The person was:
i. In the case of an unincorporated body that is registered as The Association – a member of that unincorporated body immediately before the registration of The Association, or
ii. In the case of an association that is amalgamated to form the relevant association – a member of that other association immediately before the amalgamation, or
iii. In the case of a registrable corporation that is registered as an association – a member of the registrable corporation immediately before that entity was registered as an association.
3. A person is taken to be a member of The Association if the person was one of the individuals on whose behalf an application for registration of The Association under Section 6 (1a) of The Act was made.
SECTION 5 - NOMINATION FOR MEMBERSHIP
1. A nomination for a person for membership of The Association:
(a) Must be made by the new member in writing in the form as set out in Appendix 1 to this Constitution or on The NSWAFI Website, and
(b) Must be lodged with The Secretary of The Association.
2. As soon as practicable after receiving a nomination for membership, The Secretary must refer the nomination to The Committee which is to determine whether to approve or reject the nomination.
3. As soon as practicable after the committee makes that determination, The Secretary must:
(a) Notify the nominee, in writing, that The Committee approved or rejected the nomination (whichever is applicable), and
(b) If The Committee approved the nomination, request the nominee to pay (within the period of 28 days‟ after receipt by the nominee of the notification) the sum payable under this Constitution by a member an annual subscription.
4. The Secretary must, on payment by the nominee of the amounts referred to in Subsection 3(b) within the period referred to in that provision, enter or cause to be entered the nominee‟s name into the register of members, and on the name being so entered, the nominees becomes a member of The Association.
SECTION 6 – RENEWAL OF MEMBERSHIP
1. A Renewal of membership to continue to The Association
(a) Must be made by a member of The Association in writing in the form as set out in Appendix 2 to this Constitution or on The NSWAFI Website, and
(b) Must be lodged with The Secretary of The Association.
(c) Pay the annual subscription
SECTION 7 - HONORARY LIFE MEMBERSHIP
1. Honorary Life Membership in the International Association of Arson Investigators (IAAI) qualifies the individual for Honorary Life Membership in The Chapter, subject to the approval of The Chapter Committee.
2. The Chapter Committee may at its discretion grant Honorary Life Membership to any member for exceptional services rendered.
SECTION 8 - CESSATION OF MEMBERSHIP
1. A person ceases to be a member of The Association if the person:
(a) Dies, or
(b) Resigns membership, or
(c) is expelled from The Association, or
(d) Fails to pay and is in arrears of the annual membership fee under Section 13(1) within three (3) months after the fee is due.
(e) Is in breach of any other obligation or duty to The Chapter arising from any inconsistency or conflict with the objectives and purposes of The Chapter.
(f) If termination of membership in The IAAI occurs for any Chapter member.
(g) If such member fails to comply with any articles of The Code of Ethics and as set out in Appendix 3 to this Constitution
2. The Committee may censure any member or may terminate the membership of any member in the event that such member has falsely completed any application for members or has made any misrepresentation thereon, or such member has conducted himself/herself in such manner as to be prejudicial to the good name or best interests of The Chapter, or such member has exhibited traits of character or conduct inconsistent with the qualifications for member in The Chapter. In cases to which this Section applies, The Committee shall provide such member with an opportunity to appear before and to be heard by The Committee, but without the benefit of legal representation. The vote of a majority of those present in a duly constituted Committee meeting shall be sufficient to affect censure of a member or to terminate membership for any reason specified in this Section.
SECTION 9 - MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE
A right, privilege or obligation which a person has by reason of being a member of The Association:
(a) Is not capable of being transferred or transmitted to another person, and
(b) Terminates on cessation of the person‟s membership.
SECTION 10 - RESIGNATION OF MEMBERSHIP
1. A member of The Association may resign from membership of The Association by first giving to The Secretary written notice of at least one (1) month (or such other period as The Committee may determine) of the members intention to resign and, on the expiration for the period of notice, the member ceases to be a member.
2. If a member of The Association ceases to be a member under Subsection(1), and in every other case where a member ceases to hold membership, The Secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.
SECTION 11 – REINSTATEMENT
Any former member may be reinstated in The Chapter at the discretion of and by the consent of a majority of The Committee, shall pay the membership pro rata rate for that year
SECTION 12 - REGISTER OF MEMBERS
1. The Public Officer of The Association must establish and maintain a register of members of The Association specifying the name and postal or residential address of each person who is a member of The Association together with the date on which the person became a member.
2. The register of members must be kept in New South Wales:
(a) At the main premises of The Association, or
(b) If The Association has no premises, at The Association‟s official address.
3. The register of the members must be open for inspection, free of charge, by any member of The Association at any reasonable hour.
4. A member of The Association may only obtain a copy of the register that relates to their membership upon payment of a fee not more than $1 for each page copied. Refer to Part 8 Sections 63 & 64
5. If a member requests any information contained on the register about the member (other than the member‟s name) not be available for inspection, which information must not be made available for inspection.
6. A member must not use information about a person obtained from the register to contact or send material to the person, other than for:
(a) The purpose of sending the person a newsletter, a notice in respect of a meeting or other event relating to The Association or other material relating to The Association, or
(b) By any other purpose necessary to comply with a requirement of the Act or Regulation.
SECTION 13 - FEES AND SUBSCRIPTIONS
1. A member of The Association must, on admission to membership, pay to The Association an annual membership fee of an amount as determined by The Committee. The annual membership fee shall be due on 1 January in each calendar year. Failure to pay the membership fee within three months of it falling due (as per Section 8(1)(d) shall result in the cessation of membership of the member.
2. Any member who is approved to be reinstated as a member shall be liable to pay membership fees of an amount calculated by dividing the annual membership fee by the amount of months remaining in the year until 1 January
SECTION 14 - MEMBER’S LIABILITIES
The 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 Section 13.
SECTION 15 - RESOLUTION OF DISPUTES
1. A dispute between a financial members of The Association, or a dispute between a members and The Association, are to be dealt with The Committee initially and if no satisfactory resolution shall be referred to a Community Justice Centre for mediation under The Community Justice Centres Act 1983.
2. 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.
3. The Commercial Arbitration Act 1984 applies to any such dispute referred to arbitration.
SECTION 16 - DISCIPLINING MEMBERS
1. A complaint may be made to The Committee by any person that is a member of The Association:
(a) Has refused or neglected to comply with a provision or provisions of The Constitution, or
(b) Has wilfully acted in a manner prejudicial to the interests of The Association.
2. The Committee may refuse to deal with a complaint if it considers the complaint to be trivial or vexations in nature.
3. If The Committee decides to deal with the complaint, The Committee:
(a) Must cause notice of the complaint to be served on the member concerned, and
(b) Must give the member at least fourteen (14) days‟ from the time the notice is served within which to make submissions to The Committee in connection with the complaint, and
(c) Must take into consideration any submissions made by the member in connection with the complaint.
4. The Committee may, by resolution, expel the member from The Association or suspend the member from membership of The Association if, after considering the complaint and any submission 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.
5. If The Committee expels or suspends a member, The Secretary must, within seven (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 Section 17.
6. The expulsion or suspension does not take effect:
(a) Until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or
(b) If within that period the member exercises the right of appeal, unless and until The Association confirms the resolution under Section 15, whichever is the latter.
SECTION 17 - RIGHT OF APPEAL OF DISCIPLINES MEMBER
1. A member may appeal to The Association in General Meeting against a resolution of The Committee under Section 16, within seven (7) days‟ after notice of the resolution is served on the member, by lodging with The Secretary s notice to that effect.
2. The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purpose of the appeal.
3. On receipt of a notice from a member under Subsection 1, The Secretary must notify The Committee which is to convene a General Meeting of The Association to be held within 28 days‟ after the date on which The Secretary received notice.
4. At the general meeting of The Association convened under Subsection 3:
(a) No business other than the question of the appeal is to be transacted, and
(b) The Committee and the member must be given the opportunity to state their respective cases orally or in writing, or both, and
(c) The members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
5. The appeal is to be determined by a simple majority of votes cast by members of The Association.
SECTION 18 - PROFESSIONAL CONDUCT
All members of The NSWAFI shall comply with the published International Association of Arson Investigators (IAAI) Code of Ethics, which shall set out the conduct expected of members. The Code shall be The Code established by The IAAI and displayed on The IAAI website (www.firearson.com) and as set out in Appendix 3 of this Constitution.
Part 3 - Election, Terms and Offices
SECTION 19 – ELIGIBILITY OF OFFICE
A member must be eligible to hold office:
(a) Must have been an Financial Member of The Chapter for at least two consecutive (2) years
(b) Must be a financial Member of The IAAI
SECTION 20 - POWERS OF THE COMMITTEE
1. Subject to The Act, The Regulation and this Constitution and to any resolution passed by The Association in General Meeting, The Committee:
(a) Is to control and manage the affairs of The Association, and
(b) May exercise all such functions as may be exercised by The Association, other than those functions that are required by this Constitution to be exercised by a general meeting of members of The Association, and
(c) 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 Association.
SECTION 21 - COMPOSITION AND MEMBERSHIP OF COMMITTEE
1. The Committee is to consist of:
(a) The Office-Bearers of The Association, and
(b) At least three (3) ordinary committee members, each of whom is to be elected at The Annual General Meeting of The Association under Section 22
2. The total number of Committee members is to be no more than fifteen (15), consisting of seven (7) Office Bearers, seven (7) Ordinary Committee Members and one (1) Past President
3. The office-bearers of The Association are as follows:
(a) The President
(b) The Vice-President
(c) The Junior Vice-President
(d) The Treasurer
(e) The Secretary
(f) The IAAI Liaison
(g) The Firepoint Editor
4. Each member of The Committee is, subject to this Constitution, to hold office until the conclusion of The Annual General Meeting following the date of the member‟s election, but is eligible for re-election. For any unforeseen circumstances a member of The Committee needs to resign or step down they must put such in and address it to The President and The Committee
SECTION 22 - CHAPTER/ASSOCIATION COMMITTEE
1. The Chapter Committee shall consist of The Officers Bearers and up to seven (7) additional eligible members as ordinary members
2. The President of The NSWAFI and The Immediate Past President of The Chapter shall be deemed to be Ex-Officio members of The Chapter Committee.
3. The IAAI Liaison Officer (if in NSW) and Firepoint Magazine Editor shall be Ex-Officio members of The Chapter Committee.
4. The Chapter Committee shall:
(a) Have full power to initiate and transact all kinds of business (including the borrowing of money) necessary for the existence of proper functioning of The Chapter and the attainment of its objectives and purposes.
(b) Determine the date and location of The Annual General Meeting.
(c) Outline the programme of activities for the said Annual General Meeting.
(d) Have general powers to direct and control the affairs of The Chapter, including the appointment of appropriate committees where none is elected for the conduct of the activities of The Chapter.
SECTION 23 - TERMS OF OFFICE
The elected members of The Committee shall be elected for a term of one (1) year, or until the election and qualification of their respective successors, as elected under Section 24.
SECTION 24 - ELECTION OF COMMITTEE MEMBERS
The Officer Bearers and Ordinary Committee Members of The Chapter shall be elected at The Annual General Meeting each year
SECTION 25 - VACANCIES
1. In the event of a vacancy or vacancies in the office of President, Vice-Present, Secretary or Treasure between Annual General Meeting, the vacancy or vacancies shall be filled by The Chapter Committee and the newly appointed Officer or Officers shall hold office only until the next Annual General Meeting
2. In the event of a vacancy or vacancies on The Committee, being other than for an Officer, between Annual Meetings, the vacancy or vacancies shall be filled by a financial member or members by The President and such newly appointed financial member or members shall hold office until the next Annual General Meeting
SECTION 26 - NOMINATIONS
1. Nomination of candidates for the election as office-bearers of The Association or as ordinary committee members shall be:
(a) Nominations shall in writing and submitted to The Secretary of The Association not less than fourteen (14) days prior to The Annual General Meeting
2. If insufficient nominations are received to fill all vacancies of The Committee, the candidates nominated are taken to be elected and further nominations are to be received at The Annual General Meeting.
3. If insufficient further nominations are received, any vacant positions remaining on The Committee are taken to be casual vacancies.
4. If the number of nominations received is equal to the number of vacancies to be filled, the person nominated is taken to be elected.
5. If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
6. Nominations may be accepted from the floor, if the nominee is present and consents to nomination, and if the majority of those financial members are present at The Annual General Meeting and entitled to vote so decide
7. The ballot for the election of office-bearers and ordinary committee members of The Committee is to be conducted at The Annual General Meeting in such usual and proper manner as The Committee may direct.
8. A person nominated as a candidate for election as an office-bearer or as an ordinary committee member of The Association must be a member of The Association must have been an active financial member of The Chapter for at least two (2) years.
9. A person nominated as a candidate for election as an office-bearer or as an ordinary committee member of The Association must be a member of The IAAI.
Part 4 - Government
SECTION 27 - THE GOVERNMENT
The Government of The Chapter shall be vested in The Chapter Committee and one-third (1/3) or five (5) of The Committee shall constitute a quorum
SECTION 28 - DUTIES AND POWERS
The Chapter Committee shall:
(a) Have full power to initiate and transact all kinds of business including the borrowing of money necessary for the existence of proper functioning of The Chapter and the attainment of its objectives and purposes
(b) Determine the date and location of The Annual General Meeting
(c) Outline the programme of activities for the said Annual General Meeting
(d) Have general powers to direct and control the affairs of The Chapter including the appointment of appropriate committees where is elected for the conduct of the activities of The Chapter
SECTION 29 - THE PRESIDENT
The President shall:
(a) Be The Chief Executive Officer of The Chapter and shall be the responsibility of this Officer
(b) To supervise and co-ordinate the activities of The Chapter.
(c) To preside at the meetings of The Chapter and Committee.
(d) To require reports from all Committees at each Annual General Meeting and as otherwise desired.
SECTION 30 - THE VICE-PRESIDENT
The Vice-President shall:
(a) In the absence of The President, The Vice President, shall be the Chief Executive Officer and shall act as such. It shall be the duty of The Vice-President to obtain speakers for all functions of The Chapter.
SECTION 31 - THE JUNIOR VICE-PRESIDENT
The Junior Vice-President shall:
(a) In the absence of The President and Senior Vice President, The Junior Vice-President shall be The Chief Executive Officer and shall act as such. The Junior Vice-President shall be the chairperson of the membership Committee.
SECTION 32 - SECRETARY
The Secretary shall:
1. As soon as practicable after being appointed as Secretary, lodge notice with The Association of his or her address.
2. It is the duty of The Secretary of The Association to keep minutes of:
(a) All appointments of office-bearers and members of The Committee, and
(b) The names of members of committee present at Committee Meeting or a General Meeting, and
(c) All proceedings at Committee Meetings and General Meetings.
(d) Be custodian of The Constitution and other documents of value.
(e) Receive and acknowledge all communications of The Chapter addressed to The Secretary or referred by Officers of The Chapter.
(f) Perform such duties as may be assigned by The President.
(g) Keep the records and the minutes of The Association
3. Minutes of previous meetings shall be emailed to The Committee prior to the next meeting for pursue prior to approval
4. Minutes of previous year Annual General Meeting shall be emailed to all financial members prior to Annual General Meeting for pursue prior to approval
SECTION 33 - TREASURER
The Treasurer shall:
1. It is the duty of The Treasurer of The Association to ensure:
(a) That all money due to The Association is collected and received and that all payments authorised by The Association are made, and
(b) That correct books and accounts are kept showing the financial affairs of The Association, including full details of all receipts and expenditure connected with the activities of The Association.
(c) Be custodian of the funds and financial records of The Chapter.
(d) Disburse such funds by cheque as are authorised by The Committee for purposes which promote the welfare and objectives of The Chapter.
(e) Render by way of report a complete summary of all income, disbursements and balances whenever requested by The Committee and to the financial Membership at each regular meeting.
(f) Supply to any financial member upon request a written copy of the report referred to above in SubSection(1)e.
SECTION 34 - THE PUBLIC OFFICER
The Public Officer shall be the elected by The Committee of The Association following The Annual General Meeting. The position may be held by a committee member or a member of The Association.
The Public Officer shall:
(a) Be the official point of contact for The Association
(b) Be an authorised signatory of The Association
(c) Be responsible for the receiving of all documents for The Association
(d) Be responsible for establishing and maintaining all Association records
(e) Must be a person aged 18 years or more and ordinarily reside in New South Wales
(f) 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 Association.
(g) The Public Officer of The Association must establish and maintain a register of members of The Association specifying the name and postal or residential address of each person who is a member of The Association together with the date on which the person became a member.
(h) The newly appointed Public Officer must notify Department of Fair Trading Registry within twenty-eight (28) days‟ of taking office of their appointment to The Association
(i) Must lodge:
i. Relevant documentation with any and all Government Departments or as requested by Government Departments, of The Association‟s affairs such as with Department of Fair Trading Registry an Annual Statement in the approved form (annual summary of financial affairs Form A12) with the prescribed fee within one month after The Association‟s Annual General Meeting
(j) Must notify:
i. Relevant Departments of any and all changes to The Association
SECTION 35 - CASUAL VACANCIES
1. In the event of a casual vacancy occurring in the membership of The Committee, the committee may appoint a member of The Association to fill the vacancy and the member so appointed is to hold office, subject to this Constitution, until the conclusion of The Annual General Meeting next following the date of the appointment.
2. A casual vacancy in the office of a member of The Committee occurs if the member:
(a) Dies, or
(b) Ceases to be a member of The Association, or
(c) Becomes an insolvent under administration within the meaning of The of the Commonwealth, or
(d) Resigns office by notice in writing given to The Secretary, or
(e) Is removed from office under Section 23, or
(f) Becomes a mentally incapacitated person, or
(g) Is absent without the consent of The Committee from three (3) consecutive meetings of The Committee, or
(h) Is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisoned for not less than three (3) months, or
(i) Is prohibited from being a director of a company under part 2D.6 (Disqualification from managing corporations) of The Corporations Act 2001 of The Commonwealth.
SECTION 36 - REMOVAL OF COMMITTEE MEMBERS
1. The Association 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 the member so removed.
2. If a member of The Committee to whom a proposed resolution referred to in Subsection 1 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 Association, The Secretary or The President may send a copy of the representations to each financial member of The Association or, if the representation 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.
SECTION 37 - COMMITTEE MEETINGS AND QUORUM
1. The Committee must meet at least three (3) times in each period of twelve (12) months at such place and time as The Committee may determine.
2. Additional meetings of the committee may be convened by the President or by any member of The Committee.
3. Oral or written notice of a meeting of The Committee must be given by The Secretary to each member of The Committee at least forty-eight (48) hours (or such other period as may be unanimously agreed on by members of The Committee) before the time appointed for the holding of the meeting.
4. Notice of a meeting given under Subsection 3 must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the committee members present at the meeting unanimously agree to treat as urgent business.
5. One-Third (1/3) or any five (5) members of The Committee constitute a quorum for the transaction of the business of a meeting of The Committee.
6. No business is to be transacted by the committee unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting to stand adjourned to the same place and at the same our of the same day in the following week.
7. If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.
8. At a meeting of the committee:
(a) The President or, in The President's absence The Vice-president is to preside, or
(b) If The President and The Vice-President are absent or unwilling to act, such one of the remaining members of The Committee as may be chosen by the members present at the meeting is to preside.
9. Minutes of the proceedings of Chapter meetings shall be circulated to financial members and shall be confirmed at the next meeting.
SECTION 38 - DELEGATION BY COMMITTEE TO SUB-COMMITTEE
1. The Committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such member or members of The Association as The Committee thinks fit) the exercise of such of the functions of The Committee as are specified in the instrument, other than:
(a) This power of delegation, and
(b) A function which is a duty imposed on The Committee by The Act or by any other law.
2. A function the exercise of which has been delegated to a sub-committee under this Section may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
3. A delegation under this clause may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.
4. Despite any delegation under this clause, The Committee may continue to exercise any function delegation.
5. Any act or thing done or suffered by sub-committee acting in the exercise of a delegation under this clause has the same force and effect as it would have if it had been done or suffered by The Committee.
6. The Committee may, by instrument in writing, revoke wholly or in part any delegation under this clause.
7. A Sub-Committee may meet and adjourn as it thinks proper.
SECTION 39 - VOTING AND DECISIONS
1. Questions arising at a meeting of The Committee or of any sub-committee appointed by The Committee are to be determined by a majority of the votes of members of The Committee or Sub-Committee present at the meeting.
2. Each member present at a meeting of The Committee or of a Sub-Committee appointed by The Committee (including the person presiding at the meeting) is entitled to one vote, but in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
4. Subject to Section 37, The Committee may act despite any vacancy on The Committee.
5. Any act or thing done or suffered, or purporting to have been done or suffered by The Committee or by a sub-committee appointed by The Committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of The Committee or Sub-Committee.
Part 5 - Meetings
SECTION 40 - ANNUAL GENERAL MEETING – HOLDING OF
1. The Association Annual General Meeting shall be held within six (6) months after the close of The Association‟s financial year being 30 June, at such place as may be fixed by The Committee
2. Notice thereof shall be emailed to each financial member at the member‟s last notified address, not less than thirty (30) days‟ in advance. Elections shall occur and other business may be presented at The Annual General Meeting
3. Within such later time as may be allowed by The Director-General or prescribed by The Regulation.
SECTION 41 - ANNUAL GENERAL MEETINGS – CALLING OF AND BUSINESS
1. The Annual General Meeting of The Association is, subject to The Act and to Section 40, to be convened on such date and at such place and time as The Committee thinks fit.
2. In addition to any other business which may be transacted at an Annual General Meeting, the business of an Annual General Meeting is to include the following:
(a) To confirm the minutes of the last preceding Annual General Meeting and of any Special General Meeting held since that meeting,
(b) To receive from The Committee reports on the activities of The Association during the last preceding financial year,
(c) To elect Office-Bearers and Ordinary Committee members for The Association
(d) To receive and consider any financial statements or report required to be submitted to members under The Act.
3. An Annual General Meeting must be specified as such in the notice convening it.
SECTION 42 - SPECIAL GENERAL MEETING – CALLING OF
1. The Association Special General Meeting may be called by order of The Committee, whenever it thinks fit or at the request in writing of ten (10) financial members, at such time and place as fixed by The Committee
2. Notice thereof shall be given thereof by email to each financial member at the member‟s last notified address, not less than fourteen (14) days‟ in advance.
3. A requisition of members for a special general meeting:
(a) Must state the purpose or purposes of the meeting, and
(b) Must be signed by the members making the requisition, and
(c) Must be lodged with The Secretary, and
(d) May consist of several documents in a similar, each signed by one or more of the members making the requisition.
4. If The Committee fails to convene a Special General Meeting to be held within one (1) month after that date on which a requisition of members for the meeting 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 three (3) months after that date.
5. A Special General Meeting convened by a member or members as referred to in a Subsection 4 must be convened as nearly as is practicable in the same manner as General Meetings are convened by The Committee.
SECTION 43 - REGULAR MEETINGS
Regular meetings of The Chapter shall be held from time to time and on such notification as determined by The Committee
SECTION 44 - QUORUM
One-third (1/3) or five (5) Committee members present at any meeting of The Chapter shall constitute a quorum
SECTION 45 - NOTICE
1. Except in the nature of the business proposed to be dealt with at general meeting requires a special resolution of The Association, The Secretary must, at least twenty-one (21) days‟ before the date fixed for the holding of The General Meeting, give notice to each financial member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
2. Email notification, to the last notified email address of the financial member, and shall be deemed to be sufficient notification, subject to the advance thirty (30) days‟ notice above.
3. If the nature of the business proposed to be dealt with at a General Meeting requires a special resolution of The Association, The Secretary must, at least twenty-one (21) days‟ before the date fixed for the holding of The General Meeting, cause notice to be given to each member specifying, in addition to the matter required under Subsection 1, the intention to propose the resolution as a special resolution.
4. No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted under Section 41.
SECTION 46 - QUORUM FOR GENERAL MEETINGS
1. No item of business is to be transacted at a general meeting unless a quorum of members entitled under this constitution to vote is present during the time the meeting is considering that item.
2. Five (5) members present (being members entitled under this constitution to vote at a General Meeting) constitute a quorum for the transaction of the business of a General Meeting.
3. If within half an hour after the appointed time for the commencement of a general meeting the quorum is not present, the meeting:
(a) If convened on the requisition of members, is to be dissolved, and
(b) In any other case, is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.
4. If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the financial members present being one-third (1/3) or five (5) shall constitute a quorum.
SECTION 47 - PRESIDING MEMBER
1. The President or, in The President's absence, The Vice-President, is to preside as chairperson at each general meeting of The Association.
2. If The President and The Vice-President are absent or unwilling to act, the members present must elect one of their numbers to preside as chairperson at the meeting.
SECTION 48 - ADJOURNMENT
1. The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
2. If a general meeting is adjourned for fourteen (14) days‟ or more, The Secretary must give written or oral notice of the adjourned meeting to each member of The Association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
3. Except as provided in Subsections 1 and 2, notice of an adjournment of a General Meeting or of the business to be transacted at an adjourned meeting is not required to be given.
SECTION 49 - MAKING OF DECISIONS
1. A question arising at a General Meeting of The Association is to be determined by either:
(a) A show of hands, or
(b) If on the motion of the chairpersons or if 5 or more members present at the meeting decide that the question should be determined by a written ballot – a written ballot.
2. If the question is to be determined by a show of hands, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of The Association, is evidence of the fact without proof of the number or proportions of the votes recorded in favour of or against the resolution.
3. If the question is to be determined by a written ballot, the ballot is to be conducted in accordance with the directions of the chairperson.
SECTION 50 - SPECIAL RESOLUTIONS
A special resolution may only be passed by The Association in accordance with Section 39 of The Act.
Part 6 - Voting
SECTION 51 - VOTING PRIVILEGES
Voting privileges shall be restricted to financial members of The Chapter only
SECTION 52 - VOTING PROCEDURES
1. Voting at all meetings with the exception at regular meetings by the show of hands unless three (3) persons present request a secret ballot. If a secret ballot is held, at least two (2) scrutineers shall be appointed from the floor
2. The decision shall be by simple majority with The Presiding Officer having a casting vote in the event of a tie
3. On any question arising at a general meeting of The Association a member has only one vote.
4. In the case on equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
5. A member is not entitled to vote at any general meeting of The Association unless:
(a) All money due and payable by the member to The Association has been paid, or
(b) The member is an honorary member.
6. A member is not entitled to vote at any general meeting of The Association if the member is under 18 years of age.
SECTION 53 - PROXY VOTES NOT PERMITTED
Proxy voting must not be undertaken at or in respect of a General Meeting.
SECTION 54 - POSTAL BALLOTS
1. The Association may hold a postal ballot to determine any issue or proposal other than an appeal under Section 24
2. A postal ballot is to be conducted in accordance with Schedule 3 to The Regulation.
Part 7 - Finance
SECTION 55 - DUES/SUBSCRIPTIONS
Dues/Subscriptions for Membership in The Chapter shall be for such an amount as shall be determined from time to time at an Annual General meeting of The Chapter
SECTION 56 - AUDIT and ACCOUNTABILITY
The Association may effect an audit by a qualified and authorised accountant of The NSWAFI financial accounts at the discretion of The Committee
SECTION 57 - GIFTS AND GRANTS
All Gifts and Grants to The Chapter may be accepted by The Committee. The Secretary shall make proper acknowledgement of all such Gifts and Grants accepted
SECTION 58 - INSURANCE
The Association may effect and maintain insurance of The NSWAFI as The Committee thinks fit
SECTION 59 - FUNDS – SOURCE
1. The funds of The Association are to be derived from an annual subscriptions of members, donations and, subject to any resolution passed by The Association in a General Meeting, such other sources as The Committee determines.
2. Dues for active membership in The Chapter shall be for such an amount as shall be determined from time to time at an Annual General Meeting of The Chapter.
3. All money received on behalf of The Association shall be as soon as reasonably practicable be deposited into The Associations bank account, or invested in such manner as The Committee shall determine
4. The Association must, as soon as practicable after receiving any money, issue an appropriate receipt
SECTION 60 - FUNDS – MANAGEMENT
1. Subject to any resolution passed by The Association in General Meeting, the funds of The Association are to be used in pursuance of the objects of The Association in such manner as The Committee determines.
2. All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any two members of The Committee or employees of The Association, being members or employees authorised to do so by The Committee.
SECTION 61 - CUSTODY OF BOOKS
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 Association.
SECTION 62 - FINANCIAL YEAR
The financial year of The Association is:
(a) The period of time commencing on the date of incorporation of The Association and ending on the following 30 June, and
(b) Each period of 12 months after the expiration of the previous financial year of The Association, commencing on 1 July and ending on the following 30 June.
Part 8 - Privacy and Personal Information
SECTION 63 – PRIVACY AND PERSONAL INFORMATION
1. It is our usual practice to collect personal information directly from the individual in order to process one‟s membership, notification of NSWAFI events such as Education Nights/Days, Annual General Meetings, Firepoint and other NSWAFI business
2. NSWAFI must comply with the both The Privacy and Personal Information Protection Act 1998 (State) and Privacy Act 1988 (Cth) which regulates, among other things, the collection, storage, quality, use and disclosure of personal information
3. We only collect personal information for purposes which are directly related to our functions or activities under the legislation administered by The Department of Fair Trading and only when it is necessary for or directly related to such purposes
SECTION 64 – USE AND DISCLOSURE
1. Use and Disclosure
(a) We shall only use your personal information for the purpose for which you have provided it for. We shall not use it for any other purpose, nor shall we disclose it, unless one of the following applies:
i. you have consented;
ii. you would reasonably expect, or you have been told, that information of that kind is usually passed to those individuals, bodies or agencies; and
iii. it is required or authorised by law
SECTION 65 - KEEPING YOUR PERSONAL INFORMATION UP TO DATE
We take steps to ensure that the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed and at other times as necessary.
SECTION 66 – DATA SECURITY
We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse.
SECTION 67 – ACCESS AND AMENDMENT
The Privacy Act allows individuals to access and/or alter records containing to their own personal information. The Freedom of Information Act 1982 (Cth), also sets out the process by which you can access, change or annotate records held by NSWAFI which contain your personal information. Individuals are not entitled to other members personal particulars.
SECTION 68 – RISKS OF USING THE INTERNET
You should note that there are security risks in transmitting information via the internet. You should assess these potential risks when deciding whether to use our online services. If you do not wish to transmit information via our website, there are other ways in which you can provide this information to NSWAFI.
Part 9 - General
SECTION 69 - CHANGE OF NAME, OBJECTS AND CONSTITUTION
An application to The Director-General for registration of a change in The Association‟s name, objects, or Constitution in accordance with Section 10 of The Act is to be made by The Public Officer or a Committee Member.
SECTION 70 - INSPECTION OF BOOKS/RECORDS ETC
1. The following documents must be open to inspection, free of charge, to any financial member only of The Association at any reasonable hour:
(a) Records, Books of The Association within reason and not in breach of relevant laws or Part 7 Sections 63 and 64;
(b) Financial Documents of The Association;
(c) This Constitution;
(d) Own Personal Information held by The Association and no others;
(e) Minutes of all Committee Meetings and General Meetings of The Association; and
(f) Any and all request must be in writing outlining the reason for such request addressed to The President and The Committee
SECTION 71 - RECORDS OF THE ASSOCIATION
1. All Chapter records shall be kept as required by the relevant laws
2. The Public Officer shall keep all records of The Association for the life of The Association
3. The Secretary shall following taking the minutes of all meetings including Annual General Meeting shall distribute those minutes for approval and then forward them to The Public Officer for filing
4. The Treasurer shall keep all financial records of The Association as per the requirements of relevant laws this being seven (7) years
SECTION 72 - SERVICE OF NOTICES
1. For the purpose of this Constitution, a notice may be served on or given to a person:
(a) By delivering it to the person personally, or
(b) By sending it by pre-paid post to the address of the person, or
(c) By sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.
2. For the purpose of this Constitution, a notice is taken, unless the contrary is proved, to have been given or served:
(a) In the case of a notice given or served personally, on the date on which it is received by the addressee, and
(b) In the case of a notice sent by pre-paid post, on the date it would have been delivered in the ordinary course of post, and
(c) In the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent or, if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, or on that date.
SECTION 73 - CONSTITUTION
The Constitution may be amended at any Annual General Meeting or Special Meeting of The Chapter by a vote of two-thirds of the financial members present, provided such proposed amendment is included with a notice of such meeting.
SECTION 74 - WINDING UP OF THE CHAPTER/ASSOCIATION
1. In the event of winding up of The Chapter/Association in accordance with the provisions under Sections 62 and 63 of The Associations Incorporation Act (2009) (hereinafter referred to as “The Act”), any surplus property shall be disposed of in accordance with the provisions of Section 65 of The Act and that after satisfaction of the debts and liabilities of The Chapter/Association and the cost, charges and expenses of the winding up of The Chapter, the surplus property (if any) of The Chapter/Association shall, subject to any trust affecting the property or any part of it, rest in association which.
2. Distribution of any funds remaining in The NSWAFI accounts shall be at the discretion of The Committee and its members