WIDE BAY BURNETT REGIONAL ORGANISATION OF COUNCILS
RULES OF ASSOCIATION
1 NAME
1.1 The name of the incorporated association shall be the Wide Bay Burnett Regional Organisation of Councils Inc.
2 DEFINITIONS
2.1 In these Rules, unless the context requires otherwise –
The Act means the Associations Incorporation Act 1981.
The Association means the Wide Bay Burnett Regional Organisation of Councils Inc.
Executive means the office bearers of the Association.
3 OBJECTS
3.1 The objects of the Association are to –
a) foster co-operation between member Councils in the areas of land use planning and infrastructure planning and delivery to ensure that future development within the Wide Bay Burnett Region occurs in an economically and environmentally sustainable manner
b) promote the economic and social well-being of people in the Wide Bay Burnett Region;
c) identify economic, social and environmental issues in the Wide Bay Burnett Region and to work with the Commonwealth and State Governments with regards to these issues;
d) promote sustainable economic development within the region of a type compatible with its lifestyle and the region’s comparative advantages;
e) identify and pursue the future infrastructural needs of the Wide Bay Burnett Region;
f) co-operate in the preparation and submission of requests for assistance for member Councils from Commonwealth and State Governments;
g) foster co-operation between Councils on projects of individual or mutual benefit or to further joint interests; and
h) concentrate available resources on seeking solutions to identified mutual problems and ascertain where savings in resources can be gained through co-operative effort.
i) to be a conduit to and from the Local Government Association of Queensland to the region
4 POWERS
4.1 The Association has the powers of an individual. The Association may, for example:
a) establish and manage the assets and liabilities of the Association;
b) hold funds, in accordance with Clause 13 thereof;
c) purchase, lease, rent or otherwise acquire lands, buildings, or real or personal property for the purposes of or use of the Association provided that any property taken or held by the Association subject to any trust shall be dealt with in the manner allowed by law having regard to such trusts;
d) enter into any arrangements with any Government or Authority that are incidental or conducive to the attainment of the objects and the exercise of the powers of the association; to obtain from any such Government or Authority any rights, privileges and concessions which the Association may think it desirable to obtain; and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions;
e) appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and other persons as may be necessary or convenient for the purposes of the Association;
f) remunerate any person or body corporate for services rendered, or to be rendered;
g) in furtherance of the objects of the Association - sell, improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with all or any part of the property and rights of the Association;
h) invest and deal with the money of the Association not immediately required in such manner as may from time to time be thought fit;
i) print and publish any newspapers, periodicals, books or leaflets that the Association may think desirable for the promotion of its objectives;
j) in furtherance of the objects of the Association - transfer all or any part of the property, assets, liabilities and engagements of the Association to any one or more of the incorporated bodies with which the Association may desire to amalgamate;
k) make donations for public, charitable or community purposes; and
l) do all such other things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Association.
5 ACCOUNTABILITY
5.1 The Association is directly accountable to the members for its performance and program outcomes.
5.2 The Association is also accountable to funding agencies.
6 MEMBERSHIP
6.1 Membership of the Association shall consist of ordinary members.
6.2 The number of ordinary members shall be unlimited
6.3 A member of the Association must be a local government authority. Membership of the Association is open to the following councils –
Bundaberg Regional Council
Cherbourg Aboriginal Council
Fraser Coast Regional Council
Gympie Regional Council
North Burnett Regional Council
South Burnett Regional Council
6.4 Additional members may be admitted by a resolution of the members of the Association.
6.5 Each member council shall be entitled to be represented by two (2) Councillors and the CEO of the Member Council. One delegate should be the Mayor of the member council or his/her appointed representative.
6.6 Each member council shall have one (1) vote.
6.7 If, at any time, the number of ordinary members of the Association falls below three (3), the Association shall cease to exist and the funds and assets of the Association shall be disposed of in accordance with Clause 19 herein.
7 RESIGNATION OF MEMBERSHIP
7.1 A member who has paid all amounts payable to the Association in respect of the membership may resign by giving notice (being not less than three (3) months) in writing to the Executive of the Association.
7.2 A member of the Association is not entitled to resign that membership except in accordance with sub-clause 7.1.
7.3 Where a member of the Association ceases to be a member pursuant to sub-clause 7.1 hereof, and in every other case where a member ceases to hold membership, the Executive shall make an appropriate entry in the register of members recording the date on which the member ceased to be a member.
8 REGISTER OF MEMBERS
8.1 The Executive shall establish and maintain a register of the members of the Association specifying the name and address of each Local Government which is a member of the Association together with the date on which the Local Government became a member.
8.2 The register shall be open for inspection at all reasonable times by any member who previously applies to the Executive for such inspection.
9 MEMBERSHIP FEES
9.1 The membership fee for ordinary members is such sum as the members shall set from time to time at any Annual General Meeting.
9.2 Only financial members of the Association shall be permitted a vote.
9.3 In addition to the membership fee, the members may decide at a general meeting to apply a special levy on members to enable the Association to fulfill its objects.
10 EXECUTIVE
10.1 The Executive shall consist of six (6) persons which will include a President. Each member shall appoint one of its delegates to the Executive
10.2 The President shall be elected by the Association members at an Annual General Meeting.
10.3 The Vice-president and Treasurer shall be elected from the Executive at the first meeting held after the Annual General Meeting. The Secretary may be elected from the Executive or be appointed by the Executive. Where the Secretary is appointed by the Executive, the Secretary shall not be entitled to vote on any matter.
10.4 The Executive, subject to the Act, the Regulations and these Rules, and to any resolution passed by the Association at an Annual General Meeting or ordinary meeting:-
a) shall control and arrange the affairs of the Association;
b) may exercise all such functions as may be exercised by the Association other than those functions that are required by these Rules to be exercised by an ordinary meeting of the members of the Association; and
c) shall have the power to perform all such acts and do all such things as appear to the Executive to be necessary or desirable for the proper management of the affairs of the Association.
10.5 Secretary/Treasurer
The appointed Secretary/Treasurer may delegate responsibilities of this position to the Executive Officer.
10.6 Casual Vacancies
a) For the purpose of these Rules, a casual vacancy in the office of a member of the Executive occurs if the person holding that office:-
i) dies, resigns;
ii) the local government authority of the person holding office ceases to be a member of the Association; or
iii) the person holding office ceases to be a local government councillor.
b) Where a casual vacancy occurs in the office of the President pursuant to Clause 10.10 a)
i) the Vice-president, becomes the President for the remainder of the President’s term of office without the requirement for a further election;
ii) the Executive must select another member to be the new Vice-president; and
iii) a vacancy is deemed to have occurred in the office of the other member of the Executive who becomes President
c) Where a vacancy occurs in the office of Vice-president or Secretary/Treasurer pursuant to Clause 10.10 a)
i) Such position shall be appointed by the Executive for the remaining term of office without the requirement for a further election
d) Where any other casual vacancy occurs pursuant to Clause 10.10 a) the Member Council shall appoint a delegate to fill that vacancy
10.7 Members and Quorum
a) The Executive shall convene at such time and place as the Executive may determine.
b) Oral or written notice of a meeting of the Executive shall be given by the Secretary to each member of the Executive at least forty-eight (48) hours (or such other reasonable time) before the time appointed for the holding of the meeting.
c) The notice of the meeting given under Clause 10.11.b shall specify the general nature of the business to be transacted at the meeting, and Executive members may present at the meeting further business as General Business.
d) At every meeting of the Executive a simple majority of members equal to the number of members elected and appointed to the Executive as at the close of the last Annual General Meeting of the members shall constitute a quorum.
e) The minutes of every Executive meeting shall be signed by the Chairperson of that meeting or the Chairperson of the next succeeding meeting verifying their accuracy.
10.8 Voting and Decision Making
a) Questions arising at a meeting of the Executive shall be determined by a majority of votes of members of the Executive present at the meeting;
b) the count of such votes may be recorded;
c) each member present at the meeting of the Executive is entitled to one (1) vote per delegate but, in the event of an equality of votes on any questions, the person presiding may exercise a second or casting vote; and
d) any act or thing done or suffered or purporting to have been done or suffered by the Executive is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment of qualification of any member of the Executive.
11 APPOINTMENT OF ADVISORY COMMITTEES
11.1 The Executive has the power to form an advisory committee for any specific purpose with the powers to co-opt.
11.2 An advisory committee shall, as far as practicable, appoint a member of the Executive, or failing that, an Executive member’s delegate who is a member of the Association as Chairperson
11.3 If the chairperson is not present at a meeting within ten (10) minutes after the time appointed for holding the meeting, the persons present may choose one (1) of their number to be chairperson of the meeting.
11.4 An advisory committee may meet and adjourn as it thinks proper.
11.5 All advisory committees shall report their findings and deliberations directly to the Executive.
11.6 Questions arising at any meeting of an advisory committee shall be determined by a majority of votes of the persons present and, in the case of an equality of votes, the question shall be deemed to be decided in the negative.
12 ANNUAL GENERAL MEETINGS AND ORDINARY MEETINGS
12.1 The Annual General Meeting of the Association shall –
a) be held at least once per year; and
b) within six (6) months after the end of the Association’s previous financial year.
12.2 The following business must be conducted at each Annual General Meeting:-
a) receiving the statement of income and expenditure, assets, liabilities and mortgages, charges and securities affecting the property of the Association for the last financial year;
b) receiving the auditors report on the financial affairs of the Association for the last financial year; and
c) appointing an auditor for the coming year.
d) Elect a President
12.3 A quorum for an Annual General Meeting or ordinary meeting of the Association shall be four (4) members.
12.4 Ordinary meetings shall be held as often as the Association shall, by resolution, determine, provided that ordinary meetings of the Association shall be held at least four times a year.
12.5 Fourteen (14) days notice shall be given of every Annual General Meeting or ordinary meeting.
12.6 A special meeting may be called on request by no fewer than two (2) members; and
12.7 fourteen (14) days notice shall be given of every special meeting advising of the business to be conducted at said meeting.
12.8 The minutes of every ordinary meeting shall be signed by the Chairperson of that meeting or the Chairperson of the next succeeding ordinary meeting. However, the minutes of the Annual General Meeting shall be signed by the Chairperson of that meeting or the Chairperson of the next succeeding ordinary meeting or Annual General Meeting.
13 FUNDS AND ACCOUNTS
13.1 The funds of the Association must be kept in an account in the name of the Association in a financial institution decided by the Executive.
13.2 Records and accounts shall be kept and maintained either in written, printed or electronic form in the English language showing full and accurate particulars of the financial affairs of the Association.
13.3 All monies shall be deposited in the financial institution account as soon as practicable after receipt thereof.
13.4 If an amount of more than one hundred dollars ($100.00) is paid by cheque, the cheque must be signed by any two of the following -
a) the President;
b) the Vice-president;