CONSTITUTION
OF
TUGGERAH LAKES U3A Inc
as it was prior to the amendments of 8 December 2010
1. NAME
The name of the Association shall be Tuggerah Lakes U3A Inc.
The Objects of the Association shall be:-
2.1. to provide Adult Education courses for retired or semi-retired people over the age of 50 years in accordance with the aims of the world wide organisation University of the Third Age;
2.2. to provide daytime courses at a minimal cost to members;
2.3. to conduct courses on a purely voluntary basis;
2.4. to encourage members to act as course leaders or tutors, to suggest courses, or offer assistance in various ways in the organisation of the programme;
2.5. to remain non-political, non-sectarian and non-fund raising.
3. MEMBERSHIP
3.1. Membership shall be open to those who subscribe to the Objects of the Association.
3.2. Admission to Membership shall be by completing the approved membership form and paying the prescribed annual fee.
3.3. Membership shall be for one calendar year from January to December.
3.4. Membership must be ratified each year by payment of the annual fee.
3.5. Membership shall cease on resignation in writing from the Association, termination by the Committee, failure to pay the subscription within three months of the due date or death.
3.6. All complaints involving members of the Association shall be referred to the Committee.
3.7. Private and personal views on politics, religion and race shall only be expressed, if relevant, at courses on these subjects.
3.8. There shall be provision for the appointment of Life Members. Motions for such appointment shall be made as Special Resolutions. (Amendment 01 - 12 Dec 2007)
4. REGISTER OF MEMBERS
A register of members shall be kept by the Association showing the name, address and telephone number of each member, the date of commencement of membership and each subsequent year of membership.
5. FEES AND SUBSCRIPTIONS
The membership for one calendar year shall be $25.00 or such other fee as may be determined from time to time by the committee.
6. MEMBERS' LIABILITIES
A member of the Association shall have no liability to contribute to the payment of debts and liabilities of the Association, or the costs, charges and expenses of the winding up of the Association except to the amount of any unpaid membership fees as required by Rule 5.
7. DISCIPLINING OF MEMBERS
Any member accused of conduct contrary to the aims and rules of the Association may have his/her membership suspended temporarily or permanently by the Management Committee. The member may appeal against the decision either in writing or by personal representation. The Management Committee may then either rescind or uphold the member's suspension and forward its decision to the member in writing.
THE MANAGEMENT COMMITTEE
8. POWERS OF THE MANAGEMENT COMMITTEE
The Association shall have its affairs controlled and managed by a Management Committee which shall carry out all such duties and power required to maintain the aims and objects of the Association except those that are required by these rules to be exercised at a General Meeting of members.
9. MEMBERSHIP OF MANAGEMENT COMMITTEE
9.1. The Management Committee shall consist of the office bearers and two or more other Committee members. The office bearers shall be the President, Vice-President, Secretary and Treasurer.
9.2. The office bearers and other members of the Committee shall be elected at the Annual General Meeting. If no nomination is received at the Annual General Meeting for any position then the position may be filled by a member appointed by the Management Committee.
9.3. Each member of the
Management Committee shall hold office from the date of election or appointment
until the next Annual General Meeting. Retiring members may be eligible
for re-election. Office
Bearers may hold the same office for only three years. (Amendment 03 – 09 Dec
2009) All office
bearers and other Committee members may only hold the same office for three
consecutive years. (Amendment 02 - 10 Dec 2008)
10. PRESIDENT
The President shall preside at all meetings of the Association. If the President is absent or unable to preside, the Vice-President or another member of the committee may be appointed to preside. The Chairperson shall have a casting vote at all meetings.
11. SECRETARY
The Secretary shall ensure that all records of the business of the Association shall be kept, including minutes of all meetings. Minutes of any meeting shall be signed by the presiding officer of the next meeting. These records shall be kept in the custody of the Secretary and shall be available for inspection by any member.
12. TREASURER
The Treasurer shall receive all money relating to the business of the Association and deposit it into an account in the name of the Association. Payments shall be as petty cash or cheque signed by any two of the three authorised signatories. Correct books and records relating to receipts and payments and other financial transactions shall be kept and these records shall be available for inspection by any member. The Treasurer shall submit a report on finances at each Committee and General Meeting and shall prepare an audited balance sheet and income and expenditure statement at the Annual General Meeting.
13. MEETINGS AND QUORUM
13.1. The Management Committee shall meet as often as is required to conduct the business of the Association and not less than four times each calendar year. Further meetings may be convened by the President or shall be convened by the Secretary at the request of three (3) Committee members.
13.2. Notice of Committee Meetings shall be given at the previous Committee Meeting or by such other means as the Committee may decide upon. Time and place of meetings shall be agreed upon by the Committee.
13.3. Any four members of the Committee shall constitute a quorum for the transaction of the business of a meeting of the Committee.
13.4. The Management Committee shall have power to fill casual vacancies or to appoint sub-committees.
13.5. A casual vacancy may occur if a member:
13.5.1. resigns from office;
13.5.2. is absent from three consecutive Committee Meetings without leave of absence;
13.5.3. is suspended as a member of the Association.
13.6. Each person present shall have one vote and, where there is an equal division of votes, the person presiding shall have a second or casting vote.
13.7. Oral or written notice of a meeting convened by the President or Secretary shall be given at least seven days before the meeting together with an outline of business to be discussed. Other business shall not be discussed unless agreed by the Committee Meeting to be urgent.
14. GENERAL MEETINGS
14.1. The Management Committee shall call a General Meeting at such times as the business of the Association may require.
14.2. A quorum at meetings shall be twenty per cent (20%) of members of the Association.
14.3. The date and place of General Meetings shall be advised at least three weeks in advance by prepaid post (including newsletter).
14.4. Voting at meetings shall be by a show of hands (together with proxies) or by ballot if so requested.
14.5. Proxies must be in writing. No member (except the Chairperson) shall hold more than three (3) proxies.
15. ANNUAL GENERAL MEETING
15.1. The Annual General Meeting shall be held at a time, date and place advised by the Management Committee.
15.2. The business of the Annual General Meeting shall be:
15.2.1. to confirm the minutes of the previous Annual General Meeting;
15.2.2. to receive reports from the Committee concerning the activities of the Association during the preceding year;
15.2.3. to receive and consider the annual financial statement;
15.2.4. to elect the office bearers and other committee members; and
15.2.5. to consider any special resolutions.
16. SPECIAL GENERAL MEETING
A Special General Meeting shall be called by the Secretary:
16.1. if so directed by the Management Committee; or
16.2. if a written request has been received from at least five per cent (5%) of the members of the Association. Such a request shall specify the purpose of the meeting and no other business shall be considered except that for which the meeting has been called;
17. SPECIAL RESOLUTIONS
17.1. A notice of motion of a Special Resolution shall be in the hands of the Secretary at least one Committee Meeting prior to the General Meeting at which it is to be submitted.
17.2. A Special Resolution may be passed at a General Meeting if:
17.2.1. a copy of the Special Resolution has been distributed to members in writing at least fourteen days prior to the meeting at which it is to be considered; and
17.2.2. it is carried by seventy-five per cent (75%) of those present and voting (including proxies).
17.3. A Special Resolution must be passed at a General Meeting to effect the following:
17.3.1. a change in the name of the Association;
17.3.2. a change of any of the rules of the Association;
17.3.3. a change of the objects of the Association; or
17.3.4. to voluntarily wind up the Association.
18. INSURANCE
The Association shall effect and maintain Public Liability Insurance as is required under the Associations Incorporation Act, together with any other Insurance regarded as necessary by the Management Committee.
19. FUNDS - SOURCE
The funds of the Association shall be derived from the annual fees of members, donations, grants and such other sources as approved by the Management Committee.
20. FUNDS - MANAGEMENT
20.1. The funds of the Association shall only be used for the promotion of the Objects of the Association as set out in Rule 2 and shall not be paid or transferred to any member or person except in reimbursement of any authorised expenses incurred on behalf of the Association.
20.2. An audited balance sheet of the assets and liabilities of the Association together with an abstract of the income and expenditure for the previous financial year shall be presented at the Annual General Meeting.
20.3. The financial year of the Association shall be from 1st October to 30th September of the succeeding year.
21. COMMON SEAL
The Common Seal of the Association shall be kept in the custody of the Secretary or Public Officer and shall only be affixed to a document with the approval of the Management Committee. The stamping of the common seal shall be attested by the signature of two members of the committee.
22. PUBLIC OFFICER
The Management Committee shall appoint a member of the Association as Public Officer. It shall be the responsibility of the Public Officer to maintain and keep custody of the Register of members of the Management Committee, showing names, addresses and dates of election or appointment. Should a vacancy occur in the position of Public Officer the Management Committee shall within fourteen days inform the Department of Fair Trading and appoint a new Public Officer.
23. WINDING UP
In the event that the members resolve to wind up the Association, its funds and assets shall be distributed to such other body formed to promote similar Objects as the Association.
30 Aug 2001: Original
12 Dec 2007: Amendment 01 – see Rule 3.8
10 Dec 2008: Amendment 02 – see Rule 9.3
09 Dec 2009: Amendment 03 – see Rule 9.3