Table of Content
Contents
Table of Content
Contents
Part 1 Preliminary
Financial year
Name
Section 1-1. Definitions
Part 2 POWERS OF ASSOCIATION
Section 2-1. Powers of Association
Part 3 Membership
Section 3-1. Membership
Section 3-2. Cessation of Membership
Section 3-2. Entrance Fee and Annual Subscription
Section 3-3. General rights of members
Section 3-4. Indemnity
Section 3-5. Register of Members
Part 4 Disciplinary Procedures and Grievances
Section 4-1. Disputes and Mediation
Section 4-2. Disciplinary action of Member
Grounds For Taking Disciplinary Action
Disciplinary subcommittee
Notice to member
Decision of subcommittee
Appeal rights
Conduct of disciplinary appeal meeting
Part 5 General Meetings of the Association
Section 5.1 Annual General Meeting
Section 5.2 Special General Meeting
Section 5.3 Special Business
Section 5.4 Notice of General Meeting
Section 5.5 Quorum at Special General Meetings.
Section 5.6 Presiding at General Meetings.
Section 5.7 Adjournment of Meetings
Section 5.8 Voting at General Meetings
Section 5.9 Poll at General Meetings
Section 5.10 Proxy Delegates
Part 6 Use of technology
Part 7 Management of Association Affairs
Section 7.1 Role and Powers
Section 7.2 Delegation
Section 7.3 Powers of the Board
Section 7.4 Officers
Section 7.5 Board Structure
Section 7.6 Election of Board Members Vacancy
Section 7.7 Vacancies.
Section 7.8 Proceedings of the Board
Section 7.9 Quorum for Board Meetings.
Section 7.10 Presiding at Board Meetings.
Section 7.11 Voting at Board Meetings.
Section 7.12 Notice of Board Meetings.
Section 7.13 Minutes of Meetings
Part 8 Duties of the board .
Section 8.1 General Duties
Section 8.2 Treasurer
Section 8.3 Secretary
Section 8.4 The Chairperson
Section 8.5 Vice Chairperson
Section 8.6 Auditor
Section 8.7 Removal of Member of Board
Section 8.8 Conflict of interest
Section 8.9 Leave of absence
Section 8.10 Cheques
Section 8.11 Seal
Section 8.12 Alteration of Rules and Statement of Purposes
Section 8.13 Notices
Section 8.14 Winding Up or Cancellation
Section 8.15 Non-Profit Clause
Section 8.16 Gift Fund Clause
Section 8.17 Custody of Records
Section 8.18 Funds
Vision
Assist people to achieve their rights so they can participate in the community.
“We care about your rights”
Mission
To work with people to provide quality advocacy and information that meets the needs and choice of the individual.
Values
■Working towards the best outcome for the person.
■Putting the interest of the person with a disability first.
■Actively supporting self-reliance.
■Working with and not for, our clients.
■Working ethically with integrity.
■Constantly re-evaluating our service.
■All communication is clear, consistent and transparent.
■Our actions reflect our leadership responsibility in the community.
Purpose
■Provide advocacy support to people with disability and carers in North East Victoria and Southern Riverina New South Wales.
■Promote positive change in the lives of people with a disability and their carers in the area.
■Improve and identify services for people with a disability by influencing all levels of Government and service providers.
■Empower individuals to advocate for themselves.
■Support disability-related groups and committees.
■Support people from disadvantaged and diverse groups to gain equal access to mainstream services.
Part 1Preliminary
Financial year
The financial year of the Association is each period of 12 months ending on June 30.
Name
The name of the Incorporated Association is Disability Advocacy and Information Service Incorporated also known as DAIS (in these rules called ‘the Association’).
Section 1-1.Definitions
1.1In these Rules, unless the contrary intention appears—
Absolute Majority / of the Board, means a majority of the board members currently holding office and entitled to vote at the time (as distinct from a majority of board members present at a board meeting)Advocacy / means the promotion and defence of the rights and interests of people with disabilities.
Annual General Meeting / means a general meeting of members as referred to in Rule 10 and convened in accordance with Rule 12.
Board / means the Board of Management of the Association.
Carer / means an individual person who is the principal, non-professional, care and support provider to a person with a disability.
Disability-Related Self-Help Group / means
(a)A group of people with disabilities, carers, or other individuals who have formed an association to promote the interests of people with disabilities;
(b)The rules and practice of such organisation shall be such that people with disabilities and/or carers shall hold at least 51% of the positions on its Board or Committee.
Executive / refers to the Officers of the association as defined in Rule 20 and 21
Executive Officer / refers to an employee of the incorporated association who makes, or participates in making, decisions that affect the whole, or a substantial part, of the operations of the incorporated association
Financial Year / means Year ending on June 30
General Meeting / means a meeting of the members of the incorporated association convened in accordance with its rules and includes a special general meeting and an annual general meeting;
Office Holder of the Association / means
(a)a member of the board;
(b)The secretary;
(c)Executive Officer
Ordinary Member / is a member with voting rights as described in
Rule 3
Person with a Disability / means a person with any permanent or long-term physical, intellectual, psychological or sensory impairment acquired from birth or due to illness or injury. As defined in the Disability DiscriminationAct 1993
The Act / means the 'Associations Incorporation Reform Act 2012'and includes any regulations made under that Act;
The Regulations / means regulations under the Act. Relevantdocuments has the same meaning as in the Act.
PaRT 2 POWERS OF ASSOCIATION
Section 2-1.Powers of Association
2.1Subject to the Act, the Association has power to do all things incidental or conducive to achieve its purposes.
a.Without limiting Subrule(1), the Association may—
(1)acquire, hold and dispose of real or personal property;
(2)open and operate accounts with financial institutions;
(3)invest its money in any security in which trust monies may lawfully be invested;
(4)raise and borrow money on any terms and in any manner as it thinks fit;
(5)secure the repayment of money raised or borrowed, or the payment of a debt or liability;
(6)appoint agents to transact business on its behalf;
(7)enter into any other contract it considers necessary or desirable.
(8)The Association may only exercise its powers and use its income and assets (including any surplus) for its purposes.
b.Not for profit organisation
(1)The Association must not distribute any surplus, income or assets directly or indirectly to its members.
(2)Subrule(1) does not prevent the Association from paying a member—
(a)reimbursement for expenses properly incurred by the member; or
(b)for goods or services provided by the member—
(c)if this is done in good faith on terms no more favourable than if the member was not a member.
NoteSection 33 of the Act provides that an incorporated association must not secure pecuniary profit for its members. Section 4 of the Act sets out in more detail the circumstances under which an incorporated association is not taken to secure pecuniary profit for its members.
PaRT 3Membership
Section 3-1.Membership
3.1Ordinary Members shall be individual people with disabilities, carers of people with disabilities or any individual who can satisfy to the Board that they are interested in promoting the aims and objectives of the Association.
3.2Ordinary members will need to satisfy the Board that they have an interest in the DAIS region by living, working, studying or regularly visit North East Victoria or Southern parts of NSW.
3.3Such person shall be admitted as an Ordinary Member by the Board provided it considers such person’s experience or associations may be beneficial to the Association and that membership may be beneficial to that person.
3.4An application for Ordinary Membership by an individual person shall be made on a form which has been approved by the Board.
3.5An Ordinary member shall:
a.be entitled to attend General Meetings of the Association
b.be entitled to vote
c.receive notices of General Meetings
d.be eligible to be elected to the Board.
3.6Individual persons admitted as an ordinary member shall be deemed to have agreed to be bound by the provisions of the Rules of the Association.
3.7Life Membership – Upon the recommendation of the Board, the Association may, at a General Meeting, elect as a Life Member, any person who, in its opinion, has rendered outstanding service to the Association.
3.8A person elected as a Life Member may consent to that election and then shall be deemed to have agreed to be bound by the provisions of the Rules of the Association. If such person does not consent within twenty-eight days after election as a Life Member, that election shall be deemed to be of no force or effect.
3.9A Life Member shall :
a.be entitled to attend General Meetings of the Association
b.be entitled to vote
c.be entitled to receive notices of General Meetings
d.not be required to pay any subscription or levy to the Association.
Section 3-2.Cessation of Membership
3.10Any Member desiring to resign from the Association shall give one calendar months notice to that effect in writing to the Secretary.
3.11After expiry of the period referred to in Subrule(1):
a.the member ceases to be a member; and
b.the Secretary (or delegate) must record in the register of members the date on which the member ceased to be a member.
3.12A right, privilege, or obligation of a person by reason of their membership of the Association:
a.is not capable of being transferred or transmitted to another person; or
b.terminates upon the cessation of their membership whether by death or resignation or otherwise.
Section 3-2.Entrance Fee and Annual Subscription
3.13Each member shall be liable to pay such fees (if any) to the Association as may be determined from time to time by the Board and the same shall be payable on the date and in the manner prescribed from time to time by the Board.
3.14Membership renewal and length of membership will be determined by Board.
Section 3-3.General rights of members
3.15A member of the Association who is entitled to vote has the right—
a.to receive notice of general meetings and of proposed special resolutions in the manner and time prescribed by these Rules; and
b.to submit items of business for consideration at a general meeting; and
c.to attend and be heard at general meetings; and
d.to vote at a general meeting; and
e.to have access to the minutes of general meetings and other documents of the Association as provided under Rule 75; and
f.to inspect the register of members.
g.A person is entitled to vote if—
(1)they are a current member of the association; and
(2) more than 10 business days have passed since he or she became a member of the Association; and
(3)the member's membership rights are not suspended for any reason.
Section 3-4.Indemnity
3.16Every member of the Board and other officers shall be indemnified by the association and it shall be the duty of the Board out of the funds of the association to pay all costs, losses and expenses which any member may incur or become liable for by reason of any contract entered into or act or thing done by him as such member of the Board or in any way in the discharge of his duties. No member of the Board shall be liable
a.for the acts, receipts or defaults of any other member of the Board or
b.for joining in any happening of the Association through the insufficiency of title to any property acquired by order of the Board for or on behalf of the Association or for the insufficiency or deficiency of any security in or upon which any moneys of the Association shall be invested or any loss or damage arising for the bankruptcy or insolvency or tortuous act of any person with whom any money, securities or effects shall be deposited or
c.for any loss occasioned by an error of judgement or oversight on his part not being gross negligence or for any other loss, damage, misfortune which shall happen in the execution of the duties of his office or in relation thereto unless the same happens through his own dishonesty, wilful act or default.
Section 3-5.Register of Members
3.17The Secretary (or delegate) must keep and maintain a register of membersthat includes:
a.For each current member
(1)the member’s full name,
(2)the address for notice last given
(3)date becoming a member
(4)any other information determined by the Board
(5)for each former member, the date ceasing to be a member.
b.Any member may, at a reasonable time and free of charge, inspect the register of members.
Note
Under section 59 of the Act, access to the personal information of a person recorded in the register of members may be restricted in certain circumstances. Section 58 of the Act provides that it is an offence to make improper use of information about a person obtained from the Register of Members.
Part 4Disciplinary Procedures and Grievances
Section 4-1.Disputes and Mediation
4.1The grievance procedure set out in this rule applies to disputes under these Rules between—
a.a member and another member;
b.a member of the Board or
c.a member and the Association.
4.2The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14days after the dispute comes to the attention of each party.
4.3If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
4.4The mediator must be—
a.a person chosen by agreement between the parties; or
b.in the absence of agreement—
c.in the case of a dispute between a member and another member, a person appointed by the Board of the Association; or
d.in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).
e.A member of the Association can be a mediator.
f.The mediator cannot be a member who is a party to the dispute.
g.The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
4.5The mediator, in conducting the mediation, must—
a.give the parties to the mediation process every opportunity to be heard;
b.allow due consideration by all parties of any written statement submitted by any party; and
c.ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
4.6The mediator must not determine the dispute.
4.7If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
Section 4-2.Disciplinary action of Member
Grounds For Taking Disciplinary Action
4-8The Association may take disciplinary action against a member in accordance with this Section if it is determined that the member—
a.has failed to comply with these Rules; or
b.refuses to support the purposes of the Association; or
c.has engaged in conduct prejudicial to the Association.
Disciplinary subcommittee
4-9If the Board is satisfied that there are sufficient grounds for taking disciplinary action against a member, the Board must appoint a disciplinary subcommittee to hear the matter and determine what action, if any, to take against the member.
4-10The members of the disciplinary subcommittee—
a.may be Board members, members of the Association or anyone else; but
b.must not be biased against, or in favour of, the member concerned.
Notice to member
4-11Before disciplinary action is taken against a member, the Secretary must give written notice to the member—
a.stating that the Association proposes to take disciplinary action against the member; and
b.stating the grounds for the proposed disciplinary action; and
c.specifying the date, place and time of themeeting at which the disciplinary subcommittee intends to consider the disciplinary action (the disciplinary meeting); and
d.advising the member that he or she may do one or both of the following—
(1)attend the disciplinary meeting and address the disciplinary subcommittee at that meeting;
(2)give a written statement to the disciplinary subcommittee at any time before the disciplinary meeting; and
(3)setting out the member's appeal rights under Rule 23.
e.The notice must be given no earlier than 28 days, and no later than 14 days, before the disciplinary meeting is held.
Decision of subcommittee
4-12At the disciplinary meeting, the disciplinary subcommittee must—
a.give the member an opportunity to be heard; and
b.consider any written statement submitted by the member.
4-13After complying with Subrule(1), the disciplinary subcommittee may—
a.take no further action against the member; or
b.subject to Subrule(3)—
c.reprimand the member; or
d.suspend the membership rights of the member for a specified period; or
e.expel the member from the Association.
4-14The disciplinary subcommittee may not fine the member.
4-15The suspension of membership rights or the expulsion of a member by the disciplinary subcommittee under this rule takes effect immediately after the vote is passed.
Appeal rights
4-16A person whose membership rights have been suspended or who has been expelled from the Association under Rule 22 may give notice to the effect that he or she wishes to appeal against the suspension or expulsion.
4-17The notice must be in writing and given—
a.to the disciplinary subcommittee immediately after the vote to suspend or expel the person is taken; or
b.to the Secretary not later than 48 hours after the vote.
c.If a person has given notice under Subrule(2), a disciplinary appeal meeting must be convened by the Board as soon as practicable, but in any event not later than 21 days, after the notice is received.
d.Notice of the disciplinary appeal meeting must be given to each member of the Association who is entitled to vote as soon as practicable and must—
(1)specify the date, time and place of the meeting; and
(2)state—
(a)the name of the person against whom the disciplinary action has been taken; and
(b)the grounds for taking that action; and
(c)that at the disciplinary appeal meeting the members present must vote on whether the decision to suspend or expel the person should be upheld or revoked.
Conduct of disciplinary appeal meeting
4-18At a disciplinary appeal meeting—
a.no business other than the question of the appeal may be conducted; and
b.the Committee must state the grounds for suspending or expelling the member and the reasons for taking that action; and
c.the person whose membership has been suspended or who has been expelled must be given an opportunity to be heard.
4-19After complying with Subrule(1), the members present and entitled to vote at the meeting must vote by secret ballot on the question of whether the decision to suspend or expel the person should be upheld or revoked.