Constitution of Belconnen Community Council Incorporated
The Belconnen area has many community groups, associations, organizations and clubs. All have specific functions by which they cater for differing needs in the community. Although there may sometimes seem to be similarities, even duplication, of purpose, each provides a valuable community service and greatly benefits Belconnen as a whole.
At the same time, this wide divergence of activity can limit collective effectiveness. The role of Belconnen Community Council is to focus this local community effort into a cohesive, strong and active forum that is truly representative of the people of Belconnen.
Table of Contents
A. Introductory Provisions
1. Name
The name of the association is Belconnen Community Council Incorporated. The short title is BCC.
2. Objectives
The objectives of BCC are:
- to foster a community identity;
- to provide a local forum;
- to provide a strong local voice;
- to address all matters of local concern;
- to ensure that legislators and officials are fully informed of community needs and expectations;
- to establish communications locally and regionally;
- to initiate, support and undertake any appropriate action advantageous for the community;
- to ensure that party politics does not impede or override community wishes;
- to preserve all facilities and services expected by the community; and
- to maintain and improve the quality of life in Belconnen.
3. Membership
3.1 Membership of BCC is automatically extended to any person who:
- resides in the area known as Belconnen; or
- owns or operates a business or other establishment in Belconnen; or
- is employed in a business, government department, or other establishment in Belconnen; or
- is enrolled as a student in a secondary college or tertiary institution in Belconnen.
3.2 A person who does not qualify for membership under the foregoing criteria, but who has, or declares he or she has, a substantial interest in Belconnen affairs, may be accepted as an active member by a general meeting, or by the Executive subject to the right of a general meeting to rescind the Executive's action. The Executive must advise the names of all members accepted by the Executive under this sub-clause at the general meeting following acceptance. A person accepted under this sub-clause is deemed to have surrendered active membership if that person has not, without seeking leave of absence or apologizing in advance, attended a general meeting of the Council for a six-month period.
3.3 A person who is a Member of the Legislative Assembly, or is a Member of Parliament (MHR or Senator) for any electorate covering all or part of the area known as Belconnen is deemed to be a member of BCC, irrespective of other qualifications or lack thereof for membership, but may not hold an executive position in BCC. A person who is an officebearer in a known or registered political party may not hold an executive position in BCC, unless declaring the office prior to declaration.
3.4 A person is deemed to have become an active member if that person, being eligible for membership under subclause 3.1, attends a general meeting of BCC and signs the Attendance Register.
3.5 A person may resign from active membership by letter or email to the Secretary or President.
3.6 A person who became an active member under subclause 3.4 is deemed to have resigned from active membership if that person has not attended a general meeting during two complete consecutive financial years of BCC.
3.7 The minimum age for election or appointment to any executive position is sixteen years.
3.8 For the purpose of clause 3, 'executive position' means President, Vice-President, Public Officer, Secretary or Treasurer, or Chairman or Vice-Chairman of a sub-committee or other committee.
4. Fees and Subscriptions
BCC will not levy any membership fees or subscriptions. Such fees or subscriptions are not payable as a condition of participation.
5. Members' Liability
The liability of members of BCC is limited. No individual member of BCC is liable for any debts of liabilities incurred by BCC.
6. Discipline
6.1 Where BCC or any committee of BCC is of the opinion that a member has refused or neglected to comply with the provisions of the rules set by BCC, or has acted in a manner prejudicial to the objects and interests of BCC, such act is to be reported to the BCC Executive with a recommendation for action, which may included a recommendation for expulsion from membership.
6.2 Any disciplinary decision by the Executive must be referred to the immediately following full BCC meeting, and is subject to review, and to endorsement, modification or reversal by that meeting.
7. Dissolution
In the event of BCC being dissolved, the amount which remains after such dissolution and the satisfaction of all debts and liabilities (including the repayment of any unused portion of a grant from the government) is to be paid and applied by the Executive Committee in accordance with their powers to any fund, institution or authority which, itself, is exempt from income tax and has, so far as the Executive can determine, similar objects to those of the BCC.
B. Committees
8. Structure
8.1 The committee structure of BCC consists of an Executive Committee (the 'Executive'), together with such other committees as may be from time to time constituted by a general meeting or by the Executive.
8.2 Where the circumstances of BCC from time to time make it expedient or convenient to do so, the Executive may act as a specific purpose committee, and is authorized to co-opt additional persons to assist on the committee.
9. Role of Executive Committee
The role of the Executive is to manage the business and the affairs of BCC including:
- subject to confirmation by a general meeting, making Rules under this Constitution and altering, amending or rescinding such Rules. Rules have full force and effect provided they are consistent with this Constitution;
- approving ordinary expenditure of funds of BCC;
- subject to confirmation by a general meeting appointing honorary staff and committees not elsewhere mentioned;
- nominating or appointing persons, who need not necessarily be members of BCC, to such outside bodies as request BCC to nominate or appoint persons to such bodies, or to which it is customary for BCC to nominate or appoint persons; and
- oversighting and coordinating the actions of any committee or sub-committee.
10. Membership, Appointment and Terms of Office
10.1 The Executive Committee consists of
- President,
- Vice President,
- Secretary, *
- Treasurer, *
- each person appointed or elected to chair a committee or sub-committee,
- persons elected, appointed or co-opted pursuant to the following paragraph.
* Secretary/Treasurer may be a combined appointment
10.2 A general meeting may from time to time appoint members, and the Executive may from time to time co-opt members of persons, to assist the Executive. Members so appointed may attend Executive meetings and have the power to vote by virtue of their appointment. Members and persons so co-opted may attend Executive meetings but do not have the power to vote.
10.3 Should an office on the Executive fall vacant for any reason the vacancy is to be filled by appointment.
10.4 A Public Officer must be appointed as required by the ACT Associations Incorporation Act 1991. The Public Officer may be a member of the Executive Committee and, if not already a member of the Executive Committee, is ex officio a member of that committee.
10.5 Other committees and sub-committees each consist of:
- Chairor
- Deputy Chairor, and
- not less than two other members.
10.6 All members of committees and sub-committees are elected by a general meeting or appointed by the Executive, but, other than the Executive Committee, each committee and sub-committee elects its own office bearer. Election of office bearer of the Executive Committee is to be by preferential voting of members present.
The term of office of members of the Executive and other continuing committees and sub-committees is from the close of one Annual General Meeting to the close of the next Annual General Meeting.
C. Meetings
11. Convening of General Meetings
11.1 General meetings of BCC are to be convened not less than six times per year;
11.2 A special general meeting may be called at the discretion of the Executive or by requisition of any five members.
11.3 Such special general meeting must be held within 62 days of receipt of the requisition by the President or Secretary. The request for a specific general meeting must state the general nature of the subjects to be discussed, and the terms of any resolutions which will be put to the meeting. Such details must be provided to all active members not less than 7 days before the meeting. No other business is to be discussed at the meeting, unless by resolve of not less than two-thirds of members present and voting. This provision does not prohibit a normal general meeting being held before, or after, or both before and after, the special general meeting;
11.4 Notice of ordinary or special general meeting must be published to active members by the Secretary not less than seven days prior to the date of the meeting;
11.5 Notice of annual general meeting must be published by the Secretary in one or more newspapers circulating within the area known as Belconnen not less than twenty one days prior to the date of the meeting.
11.6 The annual general meeting is to be held no later than 30 September each year following the completion of the annual audit of accounts. The business of the Annual General Meeting is to consider the Report from the President on the conduct of the BCC since the previous AGM, and such other reports as may be appropriate, to consider the audited statement of accounts, to elect the Executive Committee for the following year, to appoint the Auditor, and to consider any Resolutions which may be tabled at the meeting. It is not necessary for formal Notice to be given of such Resolutions. The Minutes of the AGM are to be considered, and if thought fit, approved at the next succeeding general meeting of members.
12. Conduct of General Meetings
12.1 General meetings are to be chaired by the President or in his or her absence the Vice-President or in their absence a deputy as appointed by the Executive.
12.2 Subject to 12.3, the minimum number of members which constitute a quorum at a general meeting of BCC is ten. If by 30 minutes after the starting time of the meeting, a quorum is not present, the President is to reconvene the meeting to a later date, which, subject to availability of the premises, shall be not less than 6 days and not more than 15 days later. A meeting having properly commenced, the President must not entertain a Resolution to adjourn the meeting by reason of the lack of a quorum within 90 minutes of the starting time. A reconvened meeting, or a meeting so adjourned does not required a quorum.
12.3 Should a quorum not be obtained, the members present may opt to continue with an informal meeting. Any decision taken at such informal meeting does not have effect unless confirmed at the reconvened meeting.
12.4 Voting on resolutions is to be by simple majority of members present at the meeting.
12.5 Standing orders and procedures for the conduct of meetings may be adopted at the discretion of the Executive and/or the membership.
12.6 Rulings of the person chairing a general meeting are binding unless nullified by the votes of two-thirds of the members present and voting.
13. Meetings of Standing Committees and Sub-committees
Standing committees and sub-committees are to convene regular meetings throughout the year as considered appropriate by the Executive.
D. Financial Administration
14. Financial Year
The financial year is from 1 July of one year to 30 June of the succeeding year.
15. Sources of Funds
The sources from which BCC may derive funds are free donations, gifts or legacies within the community, fund raising activities, government grants and, subject to any resolution passed by BCC in general meeting, such other sources as the Executive determines.
16. Application of Funds
The assets and income of BCC are to be applied solely in the futherance of its above mentioned objectives and no portion is to be distributed directly or indirectly to the members of the organization except as bona fide compensation for services rendered or expenses incurred on behalf of the organization.
17. Treasurer
The Treasurer is to keep the accounts of BCC and is responsible for the prompt banking of all moneys received and for the disbursements as the Executive may from time to time approve. As soon as possible after the thirtieth day of June in each year, the Treasurer must prepare a Statement of Accounts and Balance Sheet as at that date and submit them and such other records as may be required for audit to the Auditor.
18. Auditor
A suitably qualified person is to be appointed as Auditor at the Annual General Meeting. The Auditor is to examine the books and accounts of BCC and report the truth and fairness of the Statement of Accounts and Balance Sheet which are to be presented to each Annual General Meeting.
E. Concluding Provisions
19. Common Seal
The Secretary is to provide for the custody and use of the Common Seal of BCC.
20. Custody of Books
Subject to the Act, the Regulations and these rules, the Secretary is to keep in his or her custody or under his or her control all records, books and other documents relating to BCC. The Secretary, or Membership Secretary if such a person is elected by a general meeting or appointed by the Executive, is to maintain the record of Active Membership. The Secretary, or Membership Secretary, is responsible for sending notices of meetings to active members, which may be by email or, if the active member has no email address, by telephone or post.
21. Inspection of Books
The records, books and other documents of BCC are to be open to inspection by a member of BCC at a place in the Territory, free of charge, at any reasonable hour.
22. Indemnity
Each member of the BCC is indemnified out of the funds of BCC against all reasonable losses and expenses incurred in the discharge of any duties imposed upon the member or members by the Executive except such loss or expense as may happen by wilful neglect or default of such member of members.
23. Incorporation
BCC is incorporated in accordance with the Australian Capital Territory Associations Incorporation Act 1991. The Public Officer shall carry out such functions and take such actions as is required by the Act.
