Constitution of Mental Health Carers Arafmi Inc
Constitution of Mental Health Carers Arafmi Inc.
1.Name of Association
1.1 The name of the Association is: ‘Mental Health Carers Arafmi Inc.’
1.2 Arafmi previously stood for the: ‘Association of Relatives and Friends of the Mentally Ill’
1.3 This name may be cited within this document as ‘Arafmi’.
2.Mission, Vision, Aims and Objects
2.1 Vision:
Our vision is for a compassionate community that understands and responds respectfully to the many people with an experience of mental illness and its impact on families and carers.
2.2 Mission:
Mental Health Carers, ARAFMI NSW, a community managed organisation of and for families and other voluntary carers of people with a lived experience of mental illness, supports and promotes mutual care and better mental health outcomes across the diverse communities of NSW.
2.3 Aims and Objects:
The Aims and Objectives of Arafmi are to:
a) Be a voice for families and carers of people with a lived experience of mental illness;
b) Advocate for governments and health services in policy, planning and evaluation to recognise families and carers’ experience, knowledge and rights;
c) Assist in family and carer focused research and its application to health service delivery;
d) Collaborate within and across the sectors to promote systemic reform to better meet carers’ needs;
e) Educate the community to reduce stigma and the social isolation of carers and those for whom they care and the challenges they face;
f) Promote respect for the carer’s lived experience and expertise about those for whom they care; and
g) Support carers to access appropriate care for their loved ones regardless of culture, language, gender or age while respecting cultural differences and individual special needs; whether or not they choose to become members of Arafmi.
2.4 Values Statement
Arafmi values all carers of people with lived experience of mental illness and their loved ones; acknowledging the diversity and complexity of caring relationships in the community including those disadvantaged by social, cultural or economic circumstances or attitudes.
Arafmi endorses the inclusion of carers and their loved ones in assessment and care planning wherever appropriate and possible in ways that are accessible for those carers and families.
Arafmi also values affordable mental health and other support services that are person centered, culturally appropriate and strengths based to build and preserve individual capacity on a journey towards personal recovery and well-being.
3.Definitions
3.1 In this Constitution:
3.1.1 “Affiliate Membership” of Arafmi means the membership type available to corporations and associations and other non-natural persons; which entitles the member to all incidents of membership other than voting rights (for either electing officials or determining resolutions.
3.1.2 “Board” means the managing committee of Arafmi.
3.1.3 “Carer” means the carer, friend or family member of a person living with mental illness who is providing them with support.
3.1.4 "Chief Executive Officer” (CEO means the staff member selected by the Board to manage the operations of Arafmi under the Board’s direction.
3.1.5 “ Corporate Governance Policy” means a policy approved by the Board of Arafmi to allow the organisation to conform to its legal obligations.
3.1.6 “Director-General" means the Director-General of the Department of Fair Trading.
3.1.7 “Financial year” means the 12 month period commencing on the 1st of July and expiring on the 30th of June each year.
3.1.8 "Ordinary member" means a member of the Board who is not an office-bearer of the association, as referred to in rule 14.
3.1.9 "Secretary" means:
a the person holding office under this Constitution as secretary of the association, or
b if no such person holds that office—the public officer of the association.
3.1.10 “Service Office” means an Arafmi office other than the NSW Office, comprising paid staff and volunteers supporting local family and carers of those living with mental illness; providing support groups and services within the local area.
3.1.11 “Service Manager” means the paid manager of an Arafmi Service Office who manages the affairs of the service under the direction of the Board through the CEO as the Board’s delegate.
3.1.15 “Special general meeting” means a general meeting of the association other than an annual general meeting.
3.1.16 “NSW Office” means the Arafmi office centrally located in Sydney, designated by the Board to support the operations of the Arafmi Board and to meet Arafmi’s corporate obligations, with the assistance and mutual support of all staff, student placements, volunteers and members.
3.1.17 “the Act” means the Associations Incorporation Act 2009.
4.Interpretation
4.1 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.
4.2 The provisions of the Interpretation Act 1987 apply to and in respect of this Constitution in the same manner as those provisions would so apply if this Constitution were an instrument made under the Act.
5. Arafmi Organisational Structure
5.1 The Arafmi organisational structure shall comprise of:
a. A governing Board elected by the members;
b. Supported by the NSW Office and Chief Executive Officer;
c. Service Offices providing carer support services and reporting directly to the Arafmi Office; and
e. Family, friends and carers of those living with mental illness, their mutual assistance groups and other supporters that may join or affiliate with Arafmi through the NSW Office.
5.2 The authority of the Board shall be exercised by the Chief Executive Officer subject to the Board’s direction to manage the State-wide affairs of Arafmi.
5.3 The Board shall make policies to govern:
a. A Code of Conduct for Office holders and ordinary Board and Regional Committee Members;
c. The duties of staff including the Chief Executive Office;
d. The reporting obligations of Service Offices to the Board;
e. The Corporate Governance Policies for Arafmi to meet Statewide and national legal obligations for the organisation; and shall,
f. Approve applications to join the organisation.
6.Membership
6.1 Membership of the association is open to all people, including the relatives, carers and friends of people living with mental illness and others interested in fostering the Aims and Objects of the Association who agree to abide by the Arafmi Constitution and who are approved by the Board or the Committee of the Regional Branch through which they join for membership.
6.2 Any other Associations, Organisations or Corporations may apply to Arafmi’s Board or Regional Branch Committees to be granted an ‘Affiliate’ membership of Arafmi.
6.3 However, if Support Groups or other carer mutual support entities, formal or informal, wish to become part of Arafmi they may do so by leave of the Board on such conditions as the Board may see fit, either as an auspiced entity or as individuals.
6.4 Members and Affiliate Members who do not join Arafmi through a Regional Branch or Service Office shall have their membership managed through the NSW Office.
6.5 The Board shall make Policies to govern the fees; processes, record keeping requirements and classes of membership and other incidents of membership of Arafmi, including joining and renewal (see Arafmi Corporate Governance Policy)
6.6 Arafmi members may nominate other members who have made an outstanding contribution to ARAFMI to the Board for Life Membership.
a. The Board shall place eligible nominations on the Agenda for the consideration of the AGM and Life Membership shall be awarded to nominees if supported by 75% of members present and voting.
b. The Board shall make Policies to govern the award of Life Membership and the entitlements of Life Members as members of the organisation.
7.Registers of Members and Board Members
7.1 The public officer of the association or their delegate must establish and maintain separate registers of ordinary Members and Board Members of the association specifying respectively the name and address of each person who is a member or a Board Member of the association together with the date on which the person became either a member or a Board member and; the date on which the Board member vacates office; and such other particulars as may be prescribed by the regulations.
7.2 The registers of members and Board members must be kept in NSW at the principal place of administration of the association.
7.3 A member of the association may obtain;
a. the names of the current Board members and office holders of Arafmi; or,
b. an extract showing everything relating to himself/herself; BUT no extract of the addresses or other details of other members or office holders without their permission.
8.Fees and subscriptions
8.1 A member of the association must pay to the association an annual membership fee:
a. of an amount to be determined by the Board; and
b. before 1 July in each calendar year, or if the member becomes a member 6 months or less before 1 July in any calendar year--on becoming a member and before 1 July in each succeeding year.
8.2 Any member who is listed by the Board or its delegate as being twelve (12) months in arrears at the end of the financial year shall cease to be a member.
8.3 The Board or its delegate shall have the discretion to waive full or any fees in particular instances.
9.Members' 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 rule 8.
10. Resolution of internal disputes
10.1 Arafmi Board;
a. Shall set policies to govern the resolution of internal and external grievances (see Arafmi Corporate Governance Policy) between members, and/or Staff and/or the Board or its delegates; and,
b. May appoint a delegate or delegates to manage, investigate or resolve any dispute in accordance with Arafmi Constitution and policies.
10.2 Disputes that cannot be resolved to the satisfaction of all parties under the policies set by the Board are to be referred for independent mediation in accordance with Arafmi’s Corporate Governance Policies.
11.Disciplining of members
11.1 A complaint may be made to the Board by any person that a member of the association:
a. has persistently refused or neglected to comply with a provision or provisions of this Constitution, or
b. has persistently and willfully acted in a manner prejudicial to the interests of the association.
11.2 On receiving such a complaint, the Board:
a. must cause notice of the complaint to be served on the member concerned, and
b. must give the member at least 14 days from the time the notice is served within which to make submissions to the Board in connection with the complaint, and
c. must take into consideration any submissions made by the member in connection with the complaint.
11.3 The Board 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 submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.
11.4 If the Board expels or suspends a member, the secretary must, within 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 Board for having taken that action and of the member's right of appeal under rule 12.
11.5 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 Rule 12, whichever is the later.
12.Right of appeal of disciplined member
12.1 A member may appeal to the association in general meeting against a resolution of the Board under rule 11, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.
12.2 The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.
12.3 On receipt of a notice from a member under clause 12.1, the secretary must notify the Board which is to convene a general meeting of the association to be held within 28 days after the date on which the secretary received the notice.
12.4 At a general meeting of the association convened under clause 12.3:
a. no business other than the question of the appeal is to be transacted, and
b. the Board 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 disciplinary resolution should be confirmed or revoked.
12.5 If at the general meeting the association passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.
13.The Arafmi Board -
13.1 The Board:
a. is to control and manage the affairs of the association in accordance with the Constitution and policies of Arafmi,
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 Board to be necessary or desirable for the proper management of the affairs of the association.
d. An Arafmi general meeting retains the right to amend or repeal any regulation made by the Board.
13.2 The Responsibilities of the Board are:
a. To oversee all functions of Arafmi statewide and ensure they are carried out according to the law, this Constitution and the approved policies of Arafmi.
b. To ensure that Arafmi and its constituent parts including Regional Branches meet their legal obligations including statutory, corporate legal, contractual and reporting obligations;
c. To implement decisions made by members at General Meetings.
d. To approve Policies to govern the proper conduct of Arafmi’s operations including the operations of the Board, Arafmi groups and services;
e. To have ultimate responsibility for all staff and ensure that Industrial Regulations are adhered to.
f. To appoint Sub-committees for special purposes where necessary.
g. To ensure regular reports on the organisation’s activities are provided to members in accordance with Arafmi governance policies.
13.3 The Arafmi Board may delegate such of its powers as it sees fit to an employee or employees of the Association, in order to undertake tasks to meet the Board’s responsibilities and the Association’s objectives, whilst always retaining overall responsibility for the conduct and management of Arafmi.
13.4 Employees may be members of Arafmi but no employee of the Association is eligible to hold office as a Board member or to vote at any Arafmi meetings until they leave the employment of the Association.
14.Constitution and membership of the Board
14.1 The Board is to consist of:
a. the office-bearers of the association;
b. Six ordinary members; of whom;
c. Not less than three shall be over the age of 18 years and ordinarily reside in Australia and,
d. the Board may also appoint non-voting affiliate Board members to represent other mental health carer community managed organisations.
14.2 Each member of the Board is to be elected bi-annually, with half of the Board standing at alternate Annual General Meetings of the Association for a two year term; commencing at the Annual General Meeting held in the year 2014, with the Vice President and Secretary and three ordinary members elected in 2014 having only a one year term (ending in 2015) to facilitate the ‘staggering’ of future elections, with fresh elections to be held at every Annual General Meeting thereafter, and no office bearer will be eligible for re-election to the same position for more than two consecutive terms;
14.3 The office-bearers of the association are to be:
a. the president,
b. the vice-president,
c. the treasurer, and
d. the secretary
14.4 An office bearer, ordinary Board member or an entire Board may also be removed from office by a Special Resolution to be determined at a Special General Meeting convened according to this Constitution, determined according to this clause:
a. All nominations for dismissal must have a mover and a seconder and those nominated for dismissal at the Special General Meeting shall have the case against them presented to the meeting by the member nominating them (or their delegate) and shall have a right of reply.
b. No other speakers for or against the resolution(s) shall be heard.
c. If the Special Resolution is successful, an election to fill the position shall be held at the same meeting, and
d. Nominations to fill these vacancies must be in writing prior to the meeting (requiring a mover and seconder other than the nominee).
14.5 In the event of a casual vacancy occurring in the membership of the Board:
a. the Board may appoint a member of the association to fill the vacancy.
b. The member so appointed is to hold office, subject to this Constitution, for the balance of the term.
15.Election of Board members
15.1 Nominations of candidates for election as office-bearers of the association or as ordinary members of the Board:
a. must be made in writing and (if not from the nominee themselves) must be accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination), and
b. may be accepted prior to the Annual General Meeting at which the election is to take place.
15.2 If only one nomination is received to fill any vacancy on the committee, the candidates nominated for positions unopposed are taken to be elected.
15.3 If no nominations are received to fill a particular position, further nominations may be taken from the floor of the Annual General Meeting and any vacant positions remaining on the Board at the end of the Meeting are taken to be casual vacancies and may be filled by the Board in accordance with clause 14.5.