CONSTITUTION
1. NAME
The name of the Association shall be Harris Park Community Centre (HPCC) (referred to in these rules as the "Association").
2. AIMS
To relieve the distress and disadvantage especially with regard to the impact of poverty on the lives of people in the Harris Park and Rosehill areas, of families in crisis, unemployed, children, young people, women, the elderly, disabled and people from non-English speaking backgrounds.
3. OBJECTIVES
To ensure that residents of Harris Park and Rosehill have activities and services that will enrich and enhance their quality of life. To this end, HPCC will consult local residents and involve them in the planning, promoting and development of appropriate activities. HPCC will also work closely with other community organisations in Western Sydney, both government and non-government, to improve community activities for the residents of Harris Park and Rosehill areas, especially to those most in need, including but not exclusively families, children, young people and migrants.
4. OBJECTS
a) To promote understanding, respect and friendship between all people, cultures and communities in the Harris Park and Rosehill areas.
b) To increase the overall wellbeing of residents in the Harris Park, Rosehill and surrounding community, in particular to expand the independence, security, and quality of life of disadvantaged people.
c) To increase participation of all people in decisions that affects their lives and identity.
d) To seek out and identify social and cultural needs in the community and to lobby and to empower the community to lobby to have those needs met.
e) Encourage local organisations, groups, workers and the local community to work cooperatively and share resources to meet identified community needs.
f) To positively assist in the provision of resources, information, education programs, support groups and referral to meet community needs.
g) To provide positive assistance to the following groups:
i) people seeking paid employment
ii) people seeking alleviation from poverty
iii) children and young people with special needs
iv) senior citizens
v) people who are differently abled.
h) To lobby for all these needs and to advocate to the authorities responsibly.
i) To assist where possible, people who come to HPCC in need.
j) To assist in the providing where possible, financial and material assistance.
k) Harris Park Community Centre is a non-profit organisation.
5. MEMBERSHIP
a) Membership is open to all individuals who live, work, do voluntary work, study or have an interest in the Harris Park and Rosehill areas and accept the objects and rules of the Association. b) Individuals wishing to become members of the Association shall apply to the Committee in writing on the form set out in Appendix One to these rules.
c) The Committee shall assess all applications for membership.
d) Members shall pay such fees as are determined by the Association at a general meeting. Currently $2.00
e) According to law, a confidential register of members shall be kept by the Association showing the name, address and date of commencement of membership for each member. Provision for noting the date of cessation of membership shall also be contained in the register.
f) Membership shall cease upon resignation, expulsion or failure to pay outstanding membership fees within three months of the due date.
g) Membership fees shall fall due on the first day of each financial year of the Association. The financial year of the Association shall run from July 1 to June 30 or such other period as determined by the Committee.
h) Financial hardship or incapacity to pay shall not bar a person from membership.
6. MEMBERS' LIABILITY
The members of the Association shall have no liability to contribute towards 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.
7. DISPUTE RESOLUTION PROCEDURE
The Committee shall determine the procedure for disciplining members. Anyone who wishes to appeal against a decision refusing membership, expelling them from membership or otherwise disciplining them may do so at the next general meeting of the Association.
8. MANAGEMENT - BY COMMITTEE
a) The office bearers shall consist of a Chairperson, Vice Chairperson, Secretary and Treasurer. There shall be up to six other members of the Committee.
b) The office bearers and other members of the Committee shall be elected at each Annual General Meeting. Any casual vacancy occurring in the Committee may be filled by a member appointed by the Committee. All committee members must have been a member of the Association for three months before election or appointment.
c) Members of the Committee shall hold office from the date of their election or appointment until the next Annual General Meeting.
d) Retiring Committee members are eligible for re-election; however, office bearers may hold any one position for a maximum of three consecutive years.
e) The Committee shall meet as often as necessary to conduct the business of the Association and generally not less than six times each year.
f) The quorum for meetings of the Committee shall be four members, including at least one office bearer.
g) Date of Committee meetings shall be decided at the previous Committee meeting or by such other means as the Committee may decide upon. A minimum of 48 hours written notice with agenda shall be sent to all Committee members.
h) A member of the Committee shall not be appointed to any salaried office of the Association or any office paid by fees. No remuneration or other benefit in money or gratuity shall be given by the Association to any member of the Committee.
i) Payments of approved receipted expenses may be made.
j) A member of the Committee shall cease to hold office:
i) upon resignation in writing;
ii)upon absence from three successive Committee meeting without approval by the Committee.
k)The Committee may function validly provided its number is not reduced below the quorum.
l) Should Committee numbers fall below the quorum the remaining Committee members may act only to appoint new Committee members. New members must be appointed within one month. In extraordinary circumstances where no member of three months standing is prepared to be appointed to the committee, then a new member with commitment to HPCC may be appointed.
m) Questions arising at any meeting of the Committee shall be decided by the majority of votes of those present. In case of votes being tied, the person appointed to chair the meeting shall have a second or casting vote.
9. GENERAL MEETINGS
a) An Annual General Meeting of the Association shall be held each year within six months from the end of the financial year of the Association. Notwithstanding any other rules, the Annual General Meeting shall be held within such period as is required by the Regulations under the Charitable Fundraising Act.
b)The Committee may, whenever it thinks fit, convene a special general meeting of the Association. A special general meeting must be convened by the Committee within two months of receiving a written request to do so from at least five members of the Association.
c) At least 14 days' notice of all general meetings shall be given to all members. In the case of general meetings where a special resolution is to be proposed, notice of the meeting shall be given to all members at least 21 days before the meeting.
d) In the case of the Annual General Meeting, the following business must be transacted:
i)confirmation of the minutes of the last Annual General Meeting and any recent special general meeting.
ii)receipt of the Committee's report upon the activities of the Association in the last financial year.
iii)election of office bearers and other members of the Committee.
iv)receipt and consideration of an audited statement from the Committee which is not misleading and gives a true and fair view for the last financial year of the Association's:
· income and expenditure
· assets and liabilities
· mortgages, charges and other securities
· trust properties
v) appointment of auditor
e) The quorum for a general meeting shall be five members present in person. Should within half hour of time set down for the meeting to commence a quorum not be present, the meeting shall be adjourned to the same time and place seven days later or to a place and time within one month of the date of such meeting, to be determined.
f) a] Voting at general meetings shall be by a show of hands unless a secret ballot is demanded by two members present. Decisions shall be made by a simple majority vote except for those matters that must be decided by special resolution where a three-quarter majority is required.
[b] Returning officer for secret ballot shall be elected from the floor by open ballot of those present.
g) All votes shall be given personally and there shall be no voting by proxy.
h) In the case of the vote being tied the person appointed to chair the general meeting shall have a second or casting vote.
i) The returning officer for the meeting shall be elected from the floor of the meeting by an open ballot.
10. OFFICE BEARERS
a) The Chairperson or, in the Chairperson's absence, the Vice Chairperson, shall act as Chairperson at each general meeting and Committee meeting of the Association.
b) If the Chairperson and Vice Chairperson are absent from a meeting the members present at the meeting shall elect one of their number to act as Chairperson.
c) The Secretary shall keep records of the business of the Association including the rules, register of members, minutes of all general and Committee meetings and a file of correspondence.
d) The Treasurer shall ensure that all money received by the Association is paid into an account in the Association's name. Payments shall be made through a petty cash system or by cheque signed by two signatories authorised by the Committee. Major or unusual expenditures shall be authorised in advance by the Committee or a general meeting.
e) The Treasurer shall ensure that correct books and accounts are kept showing the financial affairs of the Association. These records shall be available for inspection by any member.
11. SPECIAL RESOLUTIONS
a) A special resolution must be passed by a general meeting of the Association to effect the following changes:
i) a change of the Association's name;
ii) a change of the Association's rules;
iii)a change of the Association's objects;
iv)an amalgamation with another Incorporated Association;
v) to voluntarily wind up the Association and distribute its property;
vi)to apply for registration as a Company or a Cooperative.
b) A special resolution shall be passed in the following manner:
i) a notice must be sent to all members advising that a general meeting is to be held to consider a special resolution;
ii) the notice must give details of the proposed special resolution and give at least 21 days notice of the meeting;
iii) a quorum must be present at the meeting;
iv) at least three quarters of those present must vote in favour of the resolution;
v) in situations where it is not possible or practicable for a resolution to be passed as described above, a request may be made to the Department of Fair Trading for permission to pass the resolution in some other way.
c) Where the statement of objects or these rules are amended such amendment shall be of no effect unless the Minister of the Crown for the time being administering the Charitable Fundraising Act, 1934, has been notified of the amendment and has signified his approval to such amendment being made.
12. PUBLIC OFFICER
a) The Committee shall appoint a Public Officer.
b) The first Public Officer shall be the person who completed the application for incorporation of the Association.
c) The Committee may at any time remove the Public Officer and appoint a new Public Officer provided the person appointed is 18 years of age or older and a resident of New South Wales.
d) The Public Officer shall be deemed to have vacated their position in the following circumstances:
i) death;
ii) resignation;
iii) removal by the Committee or at a general meeting;
iv) bankruptcy or financial insolvency;
v) mental illness;
vi) residency outside New South Wales.
e) When a vacancy occurs in the position of Public Officer, the Committee shall within 14 days notify the Department of Fair Trading by the prescribed form and appoint a new Public Officer.
f) The Public Officer is required to notify the Department of Fair Trading by the prescribed form in the following circumstances:
i) a change in the Association's objects or rules (within one month);
ii) of the Association's financial affairs (within one month after the Annual General Meeting);
iii) a change in the Association's name (within one month).
g) The Public Officer may be an office bearer, committee member, or any other person regarded as suitable for the position by the Committee.
h) The duties of the Public Officer are in the Policy and Procedures Manual.
13. GENERAL FUNDS
a) The funds of the Association shall be derived from fees of members, donations, grants and such other sources approved by the Association. The treasurer shall keep a register of all donations.
b) All accounts shall be presented to and passed for payment at a meeting of the Committee and full details of the approval shall be entered in the minute book.
c) The assets and income of the Association shall be applied solely in furtherance of its above mentioned objectives and no portion shall be distributed directly or indirectly to the members of the Association except as bona fide compensation for services rendered or expenses incurred on behalf of the Association.
d)The Association shall appoint an auditor or auditors:
i) The auditor or auditors shall be appointed at the Annual General Meeting. They shall examine all accounts, vouchers, receipts and financial records and shall furnish a report thereon to the members at the Annual General Meeting. Audit shall be conducted at regular intervals of not more than twelve months.
ii) An auditor shall not be a member or related to a member of the Committee.
iii) Subject to paragraph (iv) hereof notice of the intention to nominate an auditor to replace the current auditor shall be given to the Secretary at least twenty-one (21) days before the Annual General Meeting. The Secretary shall send a copy of the nomination to the current auditor at least seven (7) days before the Annual General Meeting. The current auditor shall be entitled to attend the Annual General Meeting and if he or she so wishes, be heard at such Annual General Meeting.
iv) Where the current auditor submits his or her resignation, or notifies the Secretary of his or her intention not to seek re-appointment as auditor, paragraph (iii) hereof shall not apply.
14 GIFT FUNDS
a) The HPCC will have a Gift Fund for the receipt of gifts made to the Centre for the purposes of furthering its stated aims and objectives.
b) All gifts will be credited to this Fund and the funds will only be used for the purposes of furthering its aims and objectives. The Fund will only receive gifts.
c) If the Centre’s Gift Fund is wound up or the Deductable Gift Recipient status is revoked, any surplus assets of the Gift Fund remaining after the payment of liabilities attributed to is shall be transferred to a fund, authority or institution to which income tax deductible gifts can be made.
15. MISCELLANEOUS
a)The Association shall effect and maintain insurance as is required under the Association's Incorporation Act together with any other insurance that may be required by law or regarded as necessary by the Association.
b)The Common Seal of the Association shall be kept in the custody of a nominated person at the Committee's discretion and shall only be affixed to a document with the approval of the Committee. The stamping of the Common Seal shall be witnessed by the signatures of two members of the Committee.
c)The Association may at any time pass a special resolution determining how any surplus property is to be distributed in the event that the Association should be wound up. The distribution of surplus property shall be in accordance with Section 53 of the Associations Incorporation Act 1984 and shall be made to a registered or exempt charity or charities with similar objects to the Association.
d) Service of documents on the Association is effected by serving them on the Public Officer or by serving them personally on two members of the Committee.
