Association Rules Part 5 – Committee

  1. Powers of Committee
    1. Committee
      1. The committee members are the persons who, as the management committee of the Association, have the power to manage the affairs of the Association.
      2. Subject to the Act, these rules and any resolution passed at a general meeting, the committee has power to do all things necessary or convenient to be done for the proper management of the affairs of the Association.
      3. The committee must take all reasonable steps to ensure that the Association complies with the Act, and these rules.
  2. Composition of Committee and duties of members
    1. Committee members
      1. The committee members consist of —
        1. the office holders of the Association and
        2. at least four ordinary committee member.
      2. The committee must determine the maximum number of members who may be ordinary committee members.
      3. The following are the office holders of the Association —
        1. the chairperson
        2. the vice- chairperson
        3. the secretary
        4. the treasurer.
      4. Any ordinary member may be a committee member.
      5. A person must not hold 2 or more of the offices mentioned in subrule (3) at the same time.
    2. Chairperson
      1. It is the duty of the chairperson to consult with the secretary regarding the business to be conducted at each committee meeting and general meeting.
      2. The chairperson has the powers and duties relating to convening and presiding at committee meetings and presiding at general meetings provided for in these rules.
    3. Secretary
      The Secretary has the following duties
      1. dealing with the Association’s correspondence
      2. consulting with the chairperson regarding the business to be conducted at each committee meeting and general meeting
      3. preparing the notices required for meetings and for the business to be conducted at meetings
      4. unless another member is authorised by the committee to do so, maintaining on behalf of the Association the register of members, and recording in the register any changes in the membership, as required under rule 53(1) of the Act
      5. maintaining on behalf of the Association an up-to-date copy of these rules, as required under rule 35(1) of the Act
    4. Treasurer
      The treasurer has the following duties
      1. ensuring that any amounts payable to the Association are collected and issuing receipts for those amounts in the Association’s name
      2. ensuring that any amounts paid to the Association are credited to the appropriate account of the Association, as directed by the committee
      3. ensuring that any payments to be made by the Association that have been authorised by the committee or at a general meeting are made on time
      4. (d) ensuring that the Association complies with the relevant requirements of Part 5 of the Act
      5. ensuring the safe custody of the Association’s financial records, financial statements and financial reports, as applicable to the Association
      6. coordinating the preparation of the Association’s financial statements before their submission to the Association’s annual general meeting
      7. providing any assistance required by an auditor conducting an audit of the Association’s financial statements or financial report under Part 5 Division 5 of the Act
      8. carrying out any other duty given to the treasurer under these rules or by the committee.
  3. Election of Committee Members and Tenure of Office
    1. How members become Committee Members
      A member becomes a committee member if the member
      1. is elected to the committee at a general meeting or
      2. is appointed to the committee by the committee to fill a casual vacancy under rule 39.
    2. Nomination of Committee Members
      1. At least 21 days before an annual general meeting, the secretary must send written notice to all the members —
        1. calling for nominations for election to the committee and
        2. stating the date by which nominations must be received by the secretary to comply with subrule (2).
      2. A member who wishes to be considered for election to the committee at the annual general meeting must nominate for election by sending written notice of the nomination in the form prescribed by the committee to the secretary at least 7 days before the annual general meeting
      3. A member may nominate for one specified position of office holder of the Association or to be an ordinary committee member
      4. A member whose nomination does not comply with this rule is not eligible for election to the committee unless the member is nominated under rule 34(2) or 35(2)(b).
    3. Election of Office Holders
      1. At the annual general meeting, a separate election must be held for each position of office holder of the Association.
      2. If there is no nomination for a position, the chairperson of the meeting may call for nominations from the ordinary members at the meeting.
      3. If only one member has nominated for a position, the chairperson of the meeting must declare the Member elected to the position.
      4. If more than one member has nominated for a position, the ordinary members at the meeting must vote in accordance with procedures that have been determined by the committee to decide who is to be elected to the position.
      5. Each ordinary member present at the meeting may vote for one member who has nominated for the position.
      6. A member who has nominated for the position may vote for himself or herself.
      7. On the member’s election, the new chairperson of the Association may take over as the chairperson of the meeting.
    4. Election of Ordinary Committee Members
      1. The committee must decide the number of ordinary committee members to hold office for the next year.
      2. If the number of members nominating for the position of ordinary committee member is not greater than the number to be elected, the chairperson of the meeting —
        1. must declare each of those members to be elected to the position and
        2. may call for further nominations from the ordinary members at the meeting to fill any positions remaining unfilled after the elections under paragraph (a).
      3. If
        1. the number of members nominating for the position of ordinary committee member is greater than the number to be elected or
        2. the number of members nominating under subrule (2)(b) is greater than the number of positions remaining unfilled,
          the ordinary members at the meeting must vote in accordance with procedures that have been determined by the committee to decide the members who are to be elected to the position of ordinary committee member.
      4. A member who has nominated for the position of ordinary committee member may vote in accordance with that nomination.
    5. Term of Office
      1. The term of office of a committee member begins when the member —
        1. is elected at an annual general meeting or under subrule 37(3)(b) or
        2. is appointed to fill a casual vacancy under rule 39.
      2. Subject to rule 37, a committee member holds office until the positions on the committee are declared vacant at the next annual general meeting.
      3. A committee member may be re-elected.
    6. Resignation and Removal from Office
      1. A committee member may resign from the committee by written notice given to the secretary or, if the resigning member is the secretary, given to the chairperson.
      2. The resignation takes effect
        1. when the notice is received by the secretary or chairperson or
        2. if a later time is stated in the notice, at the later time.
      3. At a general meeting, the Association may by resolution
        1. remove a committee member from office and
        2. elect a member who is eligible under rule 28(4) to fill the vacant position.
      4. A committee member who is the subject of a proposed resolution under subrule (3)(a) may make written representations (of a reasonable length) to the secretary or chairperson and may ask that the representations be provided to the members.
      5. The secretary or chairperson may give a copy of the representations to each member or, if they are not so given, the committee member may require them to be read out at the general meeting at which the resolution is to be considered.
    7. When Membership of Committee Ceases
      A person ceases to be a committee member if the person
      1. dies or otherwise ceases to be a member or
      2. becomes ineligible to be an ordinary member, resigns from the committee or is removed from office under rule 37 or
      3. becomes ineligible to accept an appointment or act as a committee member under rule 39 of the Act
      4. becomes permanently unable to act as a committee member because of a mental or physical disability or
      5. fails to attend 3 consecutive Committee meetings, of which the person has been given notice, without having notified the Committee that the person will be unable to attend
    8. Filling Casual Vacancies
      1. The committee may appoint a member who is eligible under rule 28(4) to fill a position on the committee that
        1. has become vacant under rule 38 or
        2. was not filled by election at the most recent annual general meeting or under rule 37(3)(b).
      2. If the position of secretary becomes vacant, the committee must appoint a member who is eligible under rule 27(4) to fill the position within 14 days after the vacancy arises.
      3. Subject to the requirement for a quorum under rule 44, the committee may continue to act despite any vacancy in its membership.
      4. If there are fewer committee members than required for a quorum under rule 44, the committee may act only for the purpose of
        1. appointing committee members under this rule or
        2. convening a general meeting.
    9. Validity of Acts
      The acts of a committee or subcommittee, or of a committee member or member of a subcommittee, are valid despite any defect that may afterwards be discovered in the election, appointment or qualification of a committee member or member of a subcommittee.
  4. Committee Meetings
    1. Committee Meetings
      1. The committee must meet at least 6 times in each year on the dates and at the times and places determined by the committee.
      2. The date, time and place of the first committee meeting must be determined by the committee members as soon as practicable after the annual general meeting at which the committee members are elected.
      3. Special committee meetings may be convened by the chairperson or any 2 committee members.
    2. Notice of Committee meetings
      1. Notice of each committee meeting must be given to each committee member at least 48 hours before the time of the meeting.
      2. The notice must state the date, time and place of the meeting and must describe the general nature of the business to be conducted at the meeting.
    3. Procedure and Order of Business
      1. The chairperson or, in the chairperson’s absence, the vice-chairperson must preside as chairperson of each committee meeting.
      2. If the chairperson and vice-chairperson are absent or are unwilling to act as chairperson of a meeting, the committee members at the meeting must choose one of them to act as chairperson of the meeting.
      3. The procedure to be followed at a committee meeting must be determined from time to time by the committee.
      4. The order of business at a committee meeting may be determined by the committee members at the meeting.
      5. A member or other person who is not a committee member may attend a committee meeting if invited to do so by the committee.
      6. A person invited under subrule (5) to attend a committee meeting
        1. has no right to any agenda, minutes or other document circulated at the meeting and
        2. must not comment about any matter discussed at the meeting unless invited by the committee to do so and
        3. cannot vote on any matter that is to be decided at the meeting.
    4. Quorum for Committee Meetings
      1. Subject to rule 39(4), no business is to be conducted at a committee meeting unless a quorum of 5 committee members is present.
      2. If a quorum is not present within 30 minutes after the notified commencement time of a committee meeting
        1. in the case of a special meeting — the meeting lapses or
        2. otherwise, the meeting is adjourned to the same time, day and place in the following week.
    5. Voting at Committee Meetings
      1. Each committee member present at a committee meeting has one vote on any question arising at the meeting.
      2. A motion is carried if a majority of the committee members present at the committee meeting vote in favour of the motion.
      3. If the votes are divided equally on a question, the chairperson of the meeting has a second or casting vote.
      4. A vote may take place by the committee members present indicating their agreement or disagreement or by a show of hands, unless the committee decides that a secret ballot is needed to determine a particular question.
      5. If a secret ballot is needed, the chairperson of the meeting must decide how the ballot is to be conducted.
    6. Minutes of Committee Meetings
      1. The committee must ensure that minutes are taken and kept of each committee meeting.
      2. The minutes must record the following
        1. the names of the committee members present at the meeting
        2. the name of any person attending the meeting under rule 43(5)
        3. the business considered at the meeting
        4. any motion on which a vote is taken at the meeting and the result of the vote.
      3. The chairperson must ensure that the minutes of a committee meeting are reviewed and signed as correct by
        1. the chairperson of the meeting or
        2. the chairperson of the next committee meeting.
      4. When the minutes of a committee meeting have been signed as correct they are, until the contrary is proved, evidence that
        1. the meeting to which the minutes relate was duly convened and held and
        2. the matters recorded as having taken place at the meeting took place as recorded and
        3. any appointment purportedly made at the meeting was validly made.
  5. Subcommittees and Subsidiary Offices
    1. Subcommittees and Subsidiary Offices
      1. To help the committee in the conduct of the Association’s business, the committee may do either or both of the following –
        1. appoint one or more subcommittees
        2. create one or more subsidiary offices and appoint people to those offices
      2. A subcommittee may consist of the number of people, whether or not members, that the committee considers appropriate.
      3. Subject to any directions given by the committee a subcommittee may meet and conduct business as it considers appropriate.
      4. Subject to any directions given by the committee
        1. a subcommittee may meet and conduct business as it considers appropriate and
        2. the holder of a subsidiary office may carry out the functions given to the holder as the holder considers appropriate.