Drummoyne Community Centre Incorporated Constitution
Includes changes approved at Annual General Meeting 14 September 2012
Registered by NSW Department of Fair Trading 9 October 2012
1. VISION AND OBJECTS
A safe, inclusive community which enables all its residents to share a vibrant cultural life.
To identify and respond to the needs of the City of Canada Bay community through programs, services, partnerships and community building activities.
(a) To provide the Drummoyne district and surrounding areas with a Neighbourhood Centre, which is a non-profit, welfare, charitable and benevolent organization meeting the needs of people in the community.
(b) To encourage the involvement and support of the community in the Centre's activities and in the solution of community problems.
(c) To develop programs and services for people in the community of all ages and circumstances; particularly, for the relief of distress, suffering, misfortune and helplessness.
(d) To establish, maintain contact and collaborate with other groups providing community services and to co-operate in exploring ways of meeting community needs and furthering social capital.
(e) To respond flexibly to changing community needs using a range of strategies including:
(i) An information and referral point for all area services.
(ii) Adult and community education programs.
(iii) Self-help support groups.
(iv) Volunteer program opportunities to participate in community activities.
(v) Social and welfare support programs.
(vi) A Centre where residents meet either formally or informally to participate in community activity.
PART 2- PRELIMINARY
The name of the organisation shall be Drummoyne Community Centre Incorporated
(1) In this Constitution:
"DCC or association" means the Drummoyne Community Centre Incorporated.
"Committee" means Management Committee comprising the persons referred to in clause 15 of this Constitution.
"Committee Member" means an office bearer or member of the Committee who is a Member of DCC, duly elected at an annual general meeting of Members.
"Life Member" is a Member whose life membership status has been ratified under clause 5a and who has not ceased to be a Life Member under clause 6.
"Group Member" means an organisation or group which is a Member of DCC. A Group Member is entitled to one vote per group.
"Member" means a paid-up member of DCC accepted by the Committee.
(a) the person holding office under this Constitution as Secretary of DCC; or
(b) if no such person holds that office - the Public Officer of DCC.
"Council Representatives" are two persons nominated by the City of Canada Bay Council pursuant to clause 15 of this Constitution.
"Special General Meeting" means a general meeting of the association other than an annual general meeting.
"the Act" means the Associations Incorporation Act 2009.
"the Regulation" means the Associations Incorporation Regulation 2010.
(2) 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.
(3) 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.
PART 3 - MEMBERSHIP GENERALLY
(1) A Member of DCC is a natural person or Group who, pursuant clause 5:
(a) has applied for membership of DCC, and
(b) been approved for membership of DCC by the Committee, and has not ceased to be a Member of DCC pursuant to clause 6.
(2) A person is taken to be a Member of the DCC if:
(a) the person is a natural person, and
(b) the person was:
(i) in the case of an unincorporated body that is registered as the DCC - a member of that unincorporated body immediately before the registration of the DCC, or
(ii) in the case of an association that is amalgamated to form the DCC - a member of that other association immediately before the amalgamation, or
(iii) in the case of a registrable corporation that is registered as the DCC - a member of the registrable corporation immediately before that entity was registered as the DCC,
and has not ceased to be a Member of DCC pursuant to clause 6.
5. APPLICATION FOR DCC MEMBERSHIP
(1) An application of a person or Group for membership:
(a) must be made by the applicant in the form set out in Appendix 1; and
(b) lodged with the Secretary of DCC together with a payment of the membership fee and annual subscription set out in clause 10.
(2) As soon as practicable after receiving an application for membership, the Secretary must refer the application to the Committee which is to determine whether to approve or to reject the application.
(3) If the Committee approves the application the Secretary shall then notify the applicant and enter the applicant's name in the register of Members.
(4) If the Committee rejects the application it will refund to the applicant the membership fee and annual subscription paid in clause 5(1).
5a. LIFE MEMBERS
(1) A person is eligible for Life Membership if the:
(a) person is a Member of the DCC,
(b) Member has been nominated in writing by completing the form set out in Appendix 3 for life membership,
(c) nomination has a Proposer and Seconder who are Members of the DCC,
(d) nomination is lodged with the Secretary of DCC no later than 6 weeks before the Annual General Meeting.
(2) The Committee will meet to decide to accept or reject the Life Membership nomination taking into consideration any submissions received in support of the nomination at the time it is lodged with the Secretary, and any other relevant matters including the likely effect of subclause (5) on the nomination.
(3) The Committee’s decision to accept a nomination must be unanimous by secret ballot of the Members present and entitled to vote at the meeting convened under subclause (2).
(4) Subject to subclause (5), if the Committee accepts a nomination, the nomination will then be put to the Members for ratification at the next Annual General Meeting held pursuant to clause 25.
(5) If at the time of the Annual General Meeting the number of Life Members exceeds 2% of the total DCC membership or ratification of the nomination by the Members would have that direct result the nomination must lapse.
(6) If the Committee rejects a nomination, or the Members in general meeting do not ratify the nomination, or the nomination lapses pursuant to subclause (5), a Member may be re-nominated at another time.
(7) A Life Member shall not be required to pay annual subscriptions or any other DCC fees.
6. CESSATION OF MEMBERSHIP OR LIFE MEMBERSHIP
(1) A person ceases to be a Member or Life Member of the DCC if the person:
(a) dies; or
(b) resigns Membership or Life Membership; or
(c) is expelled from DCC; or
(d) has not paid the annual subscription by the time of the Annual General Meeting next following the due date of the fee.
(2) The Secretary shall record the date on which the Member or Life Member ceased to be a Member or Life Member.
7. MEMBERSHIP OR LIFE MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE
A right, privilege or obligation which a person has by reason of being a Member or Life Member of DCC:
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates on cessation of the person's Membership or Life Membership.
8. RESIGNATION OF MEMBERSHIP
(1) A Member is not entitled to resign that membership except in accordance with this clause.
(2) A member who has paid all amounts payable, may resign
(a) by first giving one month's written notice of resignation to the Secretary, or
(b) in a manner determined by the Committee.
9. REGISTER OF MEMBERS AND LIFE MEMBERS
(1) The Public Officer shall establish and maintain a register of Members and Life Members specifying the name and address of each person or Group, together with the date on which the person or Group became a Member or Life Member.
(2) The register must be kept at the principal place of administration of DCC and made available, free of charge, for any Member or Life Member to view at a reasonable hour.
(3) If a Member requests that any information contained on the register about the Member (other than the Member’s name) not be available for inspection, that information must not be made available for inspection.
(4) A Member must not use information about a person obtained from the register to contact or send material to the person, other than for:
(a) the purposes of sending the person a newsletter, a notice in respect of a meeting or other event relating to the DCC or other material relating to the DCC, or
(b) any other purpose necessary to comply with a requirement of the Act or the Regulation.
10. FEES AND SUBSCRIPTIONS
(1) A person or Group must, on application to membership, pay to DCC an application fee of an amount as determined by the Committee from time to time.
(2) In addition an annual subscription for the period 1July to 30 June of each year of an amount determined by the Committee from time to time is payable by Members. The subscription amount may be reduced when the membership application has been made after December and before the end of the relevant subscription period.
11. MEMBER'S OR LIFE MEMBER'S LIABILITIES
The liability of a Member to contribute towards the payment of the DCC's debts and liabilities,if any, or to the costs, charges or expenses of the winding up of the DCC is limited to the amount if any, of unpaid fees and subscriptions in respect of the Membership.
12. RESOLUTION OF INTERNAL DISPUTES
Disputes between a Member and another Member (in their capacity as Members), and disputes between a Member or Members and the DCC, are to be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983.
13. DISCIPLINING OF MEMBERS
(1) A complaint may be made to the Committee by any Member of DCC that some other Member of the DCC:
(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 DCC.
(2) The Committee may refuse to deal with a complaint if it considers the complaint to be trivial or vexatious in nature.
(3) If the Committee decides to deal with the complaint, the Committee:
(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 Committee in connection with the complaint; and
(c) must take into consideration any submissions made by the Member in connection with the complaint.
(4) The Committee may, by resolution, expel the Member from the DCC, or suspend the Member from membership of the DCC 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 and that the expulsion or suspension is warranted in the circumstances.
(5) If the Committee expels or suspends a Member or, 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 Committee for having taken that action and of the Member’s right of appeal under clause 14.
(6) 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 DCC confirms the resolution under clause 14(4),
whichever is the later.
14. RIGHT OF APPEAL OF DISCIPLINED MEMBER/S
(1) A Member or Life Member may appeal to DCC in general meeting against a resolution of the Committee under clause 13, within 7 days after notice of the resolution is served on the member, by lodging with the Secretary a written notice to that effect.
(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.
(3) On receipt of a notice from a Member under subclause (1), the Secretary must notify the Committee which is to convene a general meeting of the DCC to be held within 28 days after the date on which the Secretary received the notice.
(4) At a general meeting of the DCC convened under subclause (3):
(a) no business other than the question of the appeal is to be transacted; and
(b) the Committee 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 resolution should be confirmed or revoked.
(5) The appeal is to be determined by a simple majority of votes cast by the members of the DCC at the general meeting.
PART 4 - THE COMMITTEE
15. THE MANAGEMENT COMMITTEE AND ITS POWERS
(1) The Committee is to be called the Management Committee and, subject to the Act, the Regulation and this Constitution and to any resolution passed by the DCC in general meeting:
(a) is to control and manage the affairs of DCC; and
(b) may exercise all such functions as may be exercised by the DCC, other than those functions that are required by this Constitution to be exercised by a general meeting of Members of the DCC and
(c) has power to perform all such acts and do all such things as appear to the Committee to be necessary or desirable for the proper management of the affairs of the DCC.
(2) The Committee is to consist of:
(a) the office-bearers of the DCC and
(b) no less than 3 and no more than 6 ordinary Committee members, each of whom is to be elected at the Annual General Meeting of the DCC under this Constitution,
(c) in addition, two Council Representatives from the City of Canada Bay Council who are nominated by Council and who are non-voting ex-officio members, and
(d) the DCC Manager as a non-voting ex-officio member.
(3) The office-bearers of the DCC are:
(a) the President;
(b) the Vice-president;
(c) the Treasurer;
(d) the Secretary;
(e) the Public Officer.
A Committee member may hold up to 2 offices (other than both the President and Vice-president offices).
(4) Each member of the Committee is, subject to this Constitution, to hold office until the conclusion of the Annual General Meeting following the date of the member's election, but is eligible for re-election.
16. ELECTION OF COMMITTEE MEMBERS
(1) Nominations of candidates for election as office-bearers of the DCC or as ordinary committee members of the Committee;
(a) must be made in writing, signed by 2 Members of the DCC and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination); and
(b) must be delivered to the Secretary of the DCC at least 7 days before the date fixed for the holding of the Annual General Meeting at which the election is to take place.
(2) If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated are taken to be elected and further nominations are to be received at the Annual General Meeting.
(3) If insufficient further nominations are received, any vacant positions remaining on the Committee are taken to be casual vacancies.
(4) If the number of nominations received is equal to the number of vacancies to be filled the persons nominated are taken to be elected.
(5) If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
(6) The ballot for the election of office-bearers and ordinary members of the Committee is to be conducted at the Annual General Meeting in such usual and proper manner as the Committee may direct.
(7) Within 14 days after vacating office, a former Committee member must ensure that all documents and other property in his or her possession that belong to the DCC are delivered to the Public Officer for delivery to his or her successor.
(1) The Secretary of the DCC. must, as soon as practicable after being appointed as Secretary, lodge notice with the DCC of his or her address.
(2) It is the duty of the Secretary to keep minutes of:
(a) all appointments of office-bearers and members of the Committee;
(b) the names of members of the Committee present at a Committee meeting or a general meeting; and
(c) all proceedings at Committee meetings and general meetings.
(3) Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
It is the duty of the Treasurer of the DCC to ensure:
(a) that all money due to the DCC is collected and received and that all payments authorised by the DCC are made; and
(b) that correct books and accounts are kept showing the financial affairs of the DCC, including full details of all receipts and expenditure connected with the activities of the DCC.
19. CASUAL VACANCIES
(1) In the event of a casual vacancy occurring in the membership of the Committee, the Committee may appoint a Member of the DCC to fill the vacancy and the Member so appointed is to hold office, subject to this Constiution, until the conclusion of the Annual General Meeting next following the date of the appointment.
(2) A casual vacancy in the office of a member of the Committee occurs if the member:
(a) dies; or
(b) ceases to be a Member of the DCC; or
(c) becomes an insolvent under administration within the meaning of the Corporations Act 2001 (Cth); or
(d) resigns office by notice in writing given to the Secretary; or
(e) is removed from office under clause 20; or
(f) becomes a mentally incapacitated person; or
(g) is absent without the consent of the Committee from three consecutive meetings; or
(h) is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisonment for not less than 3 months, or
(i) is prohibited from being a director of a company under part 2D.6 (Disqualification from managing corporations) of the Corporation Act 2001 (Cth).
20. REMOVAL OF COMMITTEE MEMBER
(1) The DCC in general meeting may by resolution remove any member of the Committee from the Committee before the expiration of the member's term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
(2) If a member of the Committee to whom a proposed resolution referred to in subclause (1) relates makes representations in writing to the Secretary or President (not exceeding a reasonable length) and requests that the representations be notified to the members of the DCC, the Secretary or the President may send a copy of the representations to each Member of the DCC or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.
21. MEETINGS AND QUORUM
(1) The Committee must meet at least 4 times in each period of 12 months at such place and time as the Committee may determine.
(2) Additional meetings of the Committee may be convened by the President or by any member of the Committee.
(3) The Secretary must cause oral or written notice of a meeting of the Committee to be given to each member of the Committee at least 48 hours (or such other period as may be unanimously agreed on by the members of the Committee) before the time appointed for the holding of the meeting.
(4) Notice of a meeting given under subclause (3) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the Committee members present at the meeting unanimously agree to treat as urgent business.
(5) Three elected Committee members including at least one office bearer, constitute a quorum for the transaction of the business of a meeting of the Committee.
(6) No business is to be transacted by the Committee unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned and a new meeting time is to be notified as previously prescribed.
(7) At a meeting of the Committee;
(a) the President or, in the President's absence, the Vice-president is to preside; or
(b) if the President and the Vice-president are absent or unwilling to act, such one of the remaining members of the Committee as may be chosen by the members present at the meeting is to preside.
22. DELEGATION BY COMMITTEE TO SUB-COMMITTEE
(1) The Committee may,by instrument in writing, delegate to one or more sub-committees (consisting of such Member or Members of the DCC as the Committe thinks fit) the exercise of such of the functions of the Committee as are specified in the instrument, other than:
(a) this power of delegation, and
(b) a function which is a duty imposed on the Committee by the Act, or by any other law.
(2) A function the exercise of which has been delegated to a sub-committee under this clause may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
(3) A delegation under this clause may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.
(4) Despite any delegation provided for in this clause the Committee may continue to exercise any delegated function.
(5) Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this clause has the same force and effect as it would have if it had been done or suffered by the Committee.
(6) The Committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.
(6) A sub-committee may meet and adjourn as it thinks proper.
(7) A sub-committee may from time to time co-opt non-members in an advisory capacity without voting rights.
23. VOTING AND DECISIONS
(1) Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee are to be determined by a majority of the votes of members of the Committee or sub-committee present at the meeting.
(2) Each member present at a meeting of the Committee or of any sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question the person presiding may exercise a second or casting vote.
(3) Subject to clause 21(5), the Committee may act despite any vacancy on the Committee.
(4) Any act or thing done or suffered, or purporting to have been done or suffered, by the Committee or by a sub-committee appointed by the Committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the Committee or sub-committee.
PART 5 - GENERAL MEETINGS
24. HOLDING OF ANNUAL GENERAL MEETINGS
The DCC must hold its annual general meetings:
(a) within 6 months after the close of its financial year, or
(b) within such later time as may be allowed by the Director-General or prescribed by the Regulation.
25. CALLING OF AND BUSINESS AT ANNUAL GENERAL MEETINGS
(1) The Annual General Meeting of the DCC is, subject to the Act and to clause 24, to be convened on such date and at such place and time as the Committee thinks fit.
(2) In addition to any other business which may be transacted at an Annual General Meeting the business of an Annual General Meeting is to include the following:
(a) to confirm the minutes of the last preceding Annual General Meeting and of any special general meeting held since that meeting;
(b) to receive from the Committee reports on the activities of the DCC during the last preceding financial year;
(c) to elect office-bearers of the DCC and ordinary members of the Committee;
(d) to receive and consider any financial statement or report which is required to be submitted to Members under the Act.
(3) An Annual General Meeting must be specified as such in the notice convening it.
26. CALLING OF SPECIAL GENERAL MEETINGS
(1) The Committee may, whenever it thinks fit, convene a special general meeting of the DCC.
(2) The Committee must, on the requisition in writing of at least 10% per cent of the total number of Members, convene a special general meeting of the DCC.
(3) A requisition of Members for a special general meeting;
(a) must state the purpose or purposes of the meeting; and
(b) must be signed by the Members making the requisition; and
(c) must be lodged with the Secretary; and
(d) may consist of several documents in a similar form, each signed by one or more of the Members making the requisition.
(4) The Committee must hold the requested meeting within 8 weeks of the Secretary receiving a complying request.
(5) If the Committee fails to convene a special general meeting to be held within 8 weeks after that date on which a requisition of Members for the meeting is lodged with the Secretary, any one or more of the Members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.
(6) A special general meeting convened by a Member as referred to in subclause (5) must be convened as nearly as is practicable in the same manner as general meetings are convened by the Committee and any Member who consequently incurs reasonable expense is entitled to be reimbursed by the DCC for any expense so incurred.
(1) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the DCC, the Secretary must, at least 14 days before the date fixed for the holding of the general meeting, cause to be sent in accordance to clause 44, to each Member at the Member's address appearing in the register of Members and Life Members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
(2) If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the DCC the Secretary must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be sent to each Member in the manner provided in subclause (1) specifying, in addition to the matter required under subclause (1), the intention to propose the resolution as a special resolution.
(3) No business other than that specified in the notice convening a general meeting is to be transacted at the meeting or in the case of an Annual General Meeting, business which may be transacted under clause 25(2).
(4) A Member desiring to bring any business before a general meeting may give notice in writing of that business to the Secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the Member.
28. QUORUM FOR GENERAL MEETINGS
(1) No item of business is to be transacted at a general meeting unless a quorum of Members entitled under this Constitution to vote is present during the time the meeting is considering that item.
(2) Seven such Members including one elected Committee member constitutes a quorum.
(3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:
(a) if convened on the requisition of Members, is to be dissolved; and
(b) in any other case, is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to Members given before the day to which the meeting is adjourned) at the same place.
(4) If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the Members present (being at least 5) is to constitute a quorum.
29. PRESIDING MEMBER
(1) The President or, in the President's absence, the Vice-president, is to preside as chairperson at each general meeting of the DCC.
(2) If the President and the Vice-president are absent or unwilling to act, the Members present must elect one of their number to preside as chairperson at the meeting.
(1) The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of Members present at the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(2) If a general meeting is adjourned for 14 days or more, the Secretary must give written or oral notice of the adjourned meeting to each Member of the DCC stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
(3) Except as provided in subclauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.
31. MAKING OF DECISIONS
(1) A question arising at a general meeting of the DCC is to be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the DCC, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.
(2) At a general meeting of the DCC, a poll may be demanded by the chairperson or by at least 3 Members present in person or by proxy at the meeting.
(3) If a poll is demanded at a general meeting, the poll must be taken;
(a) immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment; or
(b) in any other case, in such manner and at such time before the close of the meeting as the chairperson directs,
and the resolution of the poll on the matter is taken to be the resolution of the meeting on that matter.
(4) If the question is to be determined by secret ballot, the ballot is to be conducted in accordance with the directions of the chairperson.
32. SPECIAL RESOLUTION
A resolution of the DCC is a special resolution:
(a) if it is supported at a general meeting by at least three-quarters of the votes cast at that general meeting in person or by proxy by Members of the DCC who under this Constituion, are entitled to vote on the proposed resolution; or
(b) where it is made to appear to the Director-General that it is not practicable for the resolution to be passed in the manner specified in paragraph(a), if the resolution is passed in a manner specified by the Director-General.
(1) On any question arising at a general meeting of the DCC a Member has one vote only.
(2) All votes must be given personally or by proxy but no Member may hold more than 5 proxies.
(3) In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
(4) A Member is not entitled to vote at any general meeting of the DCC unless all money due and payable by the Member to the DCC has been paid.
(5) A Member is not entitled to vote at any general meeting of the DCC if the Member is under 18 years of age.
34. APPOINTMENT OF PROXIES
(1) Each Member is to be entitled to appoint another Member as proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
(2) the notice appointing the proxy is to be in the form set out in Appendix 2 to this Constitution.
PART 6 - MISCELLANEOUS
(1) The DCC must effect and maintain such insurance against a liability of the DCC as may be required by the Act.
(2) In addition to the insurance required under subclause (1), the DCC may effect and maintain other insurance.
36. FUNDS - SOURCE
(1) The funds of the DCC are to be derived from entrance fees and annual subscriptions of Members, donations and, subject to any resolution passed by the DCC in general meeting, such other sources as the Committee determines.
(2) All money received by the DCC must be deposited as soon as practicable and without deduction to the credit of the DCC's bank account.
(3) The DCC must, as soon as practicable after receiving any money, issue an appropriate receipt.
37. FUNDS - MANAGEMENT
(1) Subject to any resolution passed by the DCC in general meeting, the funds of the DCC are to be used in pursuance of the objects of the DCC in such manner as the Committee determines.
(2) All cheques, electronic funds transfer and other negotiable instruments must be signed by any two authorized members of the Committee or one authorized member of the Committee and one authorized employee of DCC, being members or employees authorized in writing to do so by the Committee.
38. PAYMENT OF OFFICE BEARERS AND MEMBERS
(1) A member of the Committee shall not be appointed to any salaried office of the DCC or any office of the DCC paid by fees, and no remuneration or other benefit in money or money's worth shall be given by the DCC to any member of the Committee except repayment of out-of-pocket expenses.
39. VACATION OF OFFICE
Without limiting the operation of clause 19 the office of a member of the Committee shall become vacant if:
(a) the member holds an office of profit in the DCC.
(b) with respect to disclosure of interests the member fails to comply with s31 of the Act.
40. ALTERATION OF OBJECTS AND RULES
(1) The statement of objects and this Constitution may be altered, rescinded or added to only by a special resolution of the DCC and in accordance with Division 2 of Part 2 of the Act.
(2) A proposed alteration of this Constitution or of the statement of objects of the DCC shall be notified, in accordance with reg 14 of the Charitable Fundraising Regulations 2008, to the Minister administering the Charitable Fundraising Act 1991, and to any other appropriate bodies (eg funding bodies) in the manner required by regulations under the relevant Acts and funding agreements.
41. COMMON SEAL
(1) Subject to clause 42(2) the common seal of the DCC must be kept in the custody of the Public Officer.
(2) The common seal must not be affixed to any instrument except by the authority of the Committee and the affixing of the common seal must be attested by the signatures of 2 members of the Committee.
(3) The DCC may execute a document without using a common seal if the document is signed by 2 of its authorized signatories.
(4) The DCC may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subclause (2) or (3).
42. CUSTODY OF BOOKS
(1) Except as otherwise provided by these rules, the Public Officer must keep in his or her custody or under his or her control all records, books and other documents relating to the DCC.
(2) For the purposes of clauses 41(1) and 42(1) items directed by the Public Officer to be held in secure storage at the business premises of DCC are deemed to be in the custody of the Public Officer.
43. INSPECTION OF BOOKS
The following documents must be open to inspection, free of charge, by a Member of the DCC at any reasonable hour:
(a) public records, books and other financial documents of the DCC,
(b) this Constitution,
(c) minutes of all general meetings of the DCC.
44. SERVICE OF NOTICES
(1) For the purpose of this Constitution, a notice may be served on or given to a person:
(a) By delivering it to the person personally, or
(b) By sending it by pre-paid post to the address of the person, or
(c) By sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.
(2) For the purpose if this Constitution, a notice is taken, unless the contrary is proved, to have been given or served:
(a) In the case of a notice given or served personally, on the date on which it is received by the addressee, and
(b) in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and
(c) in the case of a notice by facsimile transmission or some other form of electronic transmission, on the date it was sent or, if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.
45. WINDING UP
(1) In the event of the DCC being dissolved, any assets which remain after such dissolution and the satisfaction of all debts and liabilities shall be transferred to any other organization which has similar objects and which has been endorsed by the Australian Taxation Office as a charitable instituion. The charity so nominated shall be one which fulfils the relevant requirements of the Charitable Fundraising Act 1991 (NSW).
46. NON-PROFIT STATUS
(1) The profits of DCC will not be distributed to Members of the DCC but will be applied to the purposes of the DCC.
47. COMPLIANCE WITH CHARITABLE FUNDRAISING ACT 1991 (NSW)
(1) The DCC shall comply with such of the provisions of the Charitable Fundraising Act 1991 (NSW) and the regulations there under as are applicable to it.
Appendix 1 - Application for New Membership
Appendix 2 - Form of Appointment of Proxy
Appendix 3 - Nomination for Life Membership & Life Membership Selection Criteria