TASMANIANS WITH DISABILITIES INC.
CONSTITUTION
1. The name of the association will be Tasmanians with Disabilities Incorporated, here in after called the Association.
2. The office of the Association will be at 20 Creek Road, Lenah Valley, Tasmania 7008, or at any other place as the Council may determine.
3. The Objectives of the Association are:
3.1 To operate as a consumer driven, politically active umbrella organisation of individuals and their organisations which advocates for the advancement and full participation in the Tasmanian community of people with disabilities, i.e. people with acquired, intellectual, physical, psychiatric, or sensory disabilities or multiples of these.
3.2 To foster and encourage the development of Tasmanians with Disabilities Inc. at all levels.
3.3 To foster and encourage the development of other groups with similar aims and objectives.
3.4 To share among people with disabilities in a mutually supportive atmosphere, information, fellowship, and communication, reinforcing confidence in ourselves; in each other and in the common cause of working to improve the living standards and equality of rights for people with disabilities both in Tasmania and throughout Australia.
3.5 To work for people with disabilities in the areas of:
o Education and public awareness
o Disability rights and Advocacy
o Communication and Partnerships
3.6 The Association seeks to achieve the following goals for people with disabilities:
§ The right to employment
§ Equality of Opportunity
§ The right to education
§ The right to rehabilitation
§ The right to recreational and social integration
§ The right to economic security
§ The right to independent living
§ The right to full participation in all the activities in the wider community
§ The right to participate in any decision-making processes affecting people with disabilities and;
§ The right of those people who require advocates to have the advocate of their own choice.
3.7 To do all such other acts, things or matters as are incidental and Conducive to the attainment of any of the aforesaid objects of the Association.
4. The Association shall be a non-profit association.
4.1 The assets and income of the Association shall be applied solely in furtherance of its above mentioned objectives and no portion shall be distributed directly or indirectly to the members of the Association except as bona fide compensation for services rendered or expenses incurred on behalf of the Association.
5. Membership.
5.1 Membership shall be divided into the following categories:
5.1.1 Individual Membership is open to any person aged eighteen years and over who has a disability.
5.1.2 Associate Membership is open to (a) Any person with a disability under the age of eighteen years, and (b) any concerned individual who identifies with the objectives of the Association shall be eligible for membership in this category.
5.1.3 Organizational Membership is open to any organisation described in 3.3.
5.1.4 Associate Organisational Membership is open to any organization or parents and/or friends of people with disabilities shall be eligible for membership in this category if they comply with all of the following criteria. (a) They work to achieve objectives in line with those of the Association. (b) They have an annual administration budget not exceeding ten thousand dollars, or such other sum as may be decided by members from time to time by special resolution.
5.1.5 Corporate Membership is open to any voluntary organisation, service group, professional association, commercial enterprise and other organisation shall be eligible for membership of the Association in this category.
5.1.6 Life Membership may be granted at the discretion of State Council after a minimum of ten (10) years service.
5.2 Persons who are desirous of applying for membership of the Association in the classification open to them shall apply on such form as shall be prescribed by the State Council and such application shall be accompanied by the membership fee.
5.3 The State Council may if it thinks fit, reject any application for Membership.
6. Annual Subscriptions.
6.1 The subscription for Individual Membership shall be $11.00 inclusive of 10% GST = $1.00, or an amount determined by members at the Annual General Meeting.
6.2 The subscription for Associate Membership shall be $11.00 inclusive 10% GST = $1.00, or an amount determined by members at the Annual General Meeting.
6.3 The subscription for Organisational Membership shall be $40.00 inclusive 10% GST = $4.00 or an amount determined by members at the Annual General Meeting.
6.4 The subscription for Associate Organisational Membership shall be $40.00 inclusive 10% GST = $4.00 or an amount determined by members at the Annual General Meeting.
6.5 The subscription for Corporate Members shall be $130 inclusive 10% GST = $13.00 or an amount determined by members at the Annual General Meeting.
6.6 Subscriptions are due and payable on the 1 July of each year.
7. Resignations.
7.1 Any member may resign membership by sending a resignation in writing to the State Council and payment of any arrears of subscriptions or other moneys due and upon such resignation being received by the State Council shall cease to be a member.
7.2 The State Council may declare a member to have forfeited member-ship and may direct the members name to be removed from the register if the member:
7.2.1. should fail in the observance of any regulation of the Association or if the member shall, in the judgement of the State Council, have been guilty of an act or practice or conduct prejudicial to the interest of the Association, or
7.2.2. has not paid the annual subscription within three (3) months of the due date after due notice having been given.
Provided always that any charge or complaint under this clause shall be brought before a special meeting of the State Council convened for that purpose of which the member affected shall have at least seven (7) days previous written notice and at which such member shall be entitled to be heard and if such meeting by a resolution passed by the votes of at least two-thirds of the members present thereat shall resolve to exclude the said member who shall thereupon cease to be a member subject to the right of appeal as hereinafter set out.
7.3 The member excluded from the Association by vote of the State Council as aforesaid may, within fourteen (14) days thereafter, appeal to the Association in special general meeting. Upon receipt of such notice the Chairperson shall convene a special meeting of the Association which shall hear the appeal of the member. A majority of not less than three-fourths of the members present at the said meeting shall have the power to annul the exclusion or annul it subject to performance or any condition or to confirm the same.
7.4 Any person whose membership is terminated by the State Council or by a general meeting of the Association shall have his/her name removed from the register of members and shall from the date of termination cease to be a member and have no claim or interest in respect of the Association.
8. Membership Register.
8.1 The State Council shall cause a register of members to be created which shall be kept by the Association and such register shall contain names and addresses of each person who has been admitted to membership of the Association in accordance with the Constitution and shall contain such other and further particulars of a non-objectionable nature as the State Council shall from time to time determine. No persons name or address shall be entered into the Register prior to the person’s application being accepted. Nor shall any name be removed from the register except on the authority of a resolution of the State Council. Privacy and confidentiality of membership records will be maintained and members’ details will not be released to third parties without prior consent except as may be required by law.
9. Members Liability.
9.1 The members of the Association shall have no liability to contribute towards the payment of debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association except to the amount of any unpaid membership fees.
10. Management of the Association.
10.1 The management of the Association shall be vested in a State Council.
10.2 State Council shall consist of:
President )
Vice President ) “The Executive”
Secretary )
Treasurer )
Six (6) Ordinary Councillors, two from each region – these to be appointed by the region they are to represent. South, North & Northwest Regions.
up to five (5) Organisational Representatives, only one from each member organization.
10.3 The State Council shall be elected annually at the Annual General Meeting. Any casual vacancy occurring amongst the members of State Council may be filled by the State Council and the person so appointed shall fill such vacancy for the un-expired term of the member so replaced.
10.4 The State Council shall meet at least four times in each year at such place and at such times as the State Council may determine. Special meetings of the State Council may be convened by the President, or any four of its members. Notice shall be given to members of the State Council of any special meeting, specifying the general nature of the business to be transacted, and no other business shall be transacted, and no other business shall be transacted at such a meeting without a simple majority of the members present agreeing to the change in Agenda.
10.5 In the President’s absence the Vice President shall act as Chairperson at each State Council Meeting.
10.6 Questions arising at any meeting of the State Council shall be decided by a majority vote of those present. This shall be accomplished by a show of hands or a secret ballot on request of two-thirds of those present.
10.7 The Chairperson shall have only a casting vote.
10.8 The management of all matters concerning the administration of the Association will be deemed to be the sole responsibility of the State Council.
10.9 Any member of the State Council who has a direct or indirect financial or pecuniary interest in any matter to be considered by the State Council is to, as soon as they are aware of their interest, disclose same to the State Council and cease to be involved in the decision making process. They are not to participate in debate or vote.
10.10 The State Council may invite any person to attend a State Council meeting as an observer. An observer has no right to vote.
10.11 The Co-ordinator of the Association will attend all State Council meetings and present a written report. The Co-ordinator does not have voting rights.
11. Election of State Council.
11.1 Nominations for election to the State Council shall be in writing and supported by two members and accepted by the candidate and delivered to the Secretary at least twenty eight (28) days prior to the date fixed for the Annual General Meeting.
11.2 If insufficient nominations are received to fill all vacancies, further nominations may be received at the Annual General Meeting.
11.3 If the number of nominations received is equal to the number of vacancies the persons nominated will be deemed to be elected.
11.4 If the number of nominations received exceeds the number of vacancies to be filled a ballot will be held. This ballot will be conducted by a postal vote at least fourteen (14) days prior to the Annual General Meeting
11.5 The duly elected Office Bearers of the State Council shall hold office until the following Annual General Meeting.
11.6 The office of a member of the State Council shall become vacant:
11.6.1 Upon the member’s decease.
11.6.2 If the member resigns office by notice in writing to the Association.
11.6.3 If the member is absent without prior approval from two successive regular meetings of the State Council.
11.6.4 If the members ceases to be a financial member of the Association.
11.6.5 Upon a resolution being passed by a two-thirds majority of members present at a properly convened special general meeting specially called for the purpose to remove the member from office.
11.6.6 If the member holds any office of profit under the Association.
11.6.7 If the member ceases to reside in the State of Tasmania.
11.7 In the event of any member of “The Executive” losing office at an election, they shall remain as a member of State Council in the position of Past (President etc.) until the next Annual General Meeting when they could again present themselves for election. If they failed to gain a position at that time they would then stand down from State Council.
12. Responsibilities of the State Council.
The State Council is responsible for;
12.1 Upholding the objectives of the Association and for the proper exercise of the powers of the Association.
12.2 Meeting the requirements of the Associations Incorporation’s Act.
12.3 Managing any services and activities the Association provides including obtaining funding and the financial management of the Association.
12.4 Meeting the requirements of any funding or other agreements which the Association has entered into.
12.5 Maintaining membership and community support of the Association.
13. Financial Year.
13.1 The financial year of the Association shall conclude on the thirtieth day of June in each and every year.
14. General Meetings.
14.1 The Annual General Meeting of the Association shall be held on such day (being not later than three months after the close of the financial year of the Association) as the State Council may determine.
14.2 The agenda for the Annual General Meeting shall be:
· Confirmation of Previous Minutes
· Presentation of Annual Report
· Presentation of Audited Financial Statement
· Election of State Council
· Election of Public Officer
· Appointment of Auditor
· Any other special business of which notice has been given
14.3 Voting rights will only be granted to financial members.
14.4 Notice of Annual General Meeting. The Public Officer of the Association shall, at least fourteen days before the date fixed for holding a general meeting of the Association; cause to be inserted in at least one newspaper published in the State of Tasmanian advertisement, stating the time and place of the General Meeting and the nature of the business to be transacted.
14.5 Also the Association shall endeavour to communicate Annual General Meeting information to members in their chosen communication
14.6 Meeting Arrangements: Annual and General Meetings of the association may be permitted by (Business Affairs) to be held via Teleconference or Video Conferencing if available to members State-wide.
15. Special General Meetings.
15.1 Any three (3) members of the State Council may at any time convene a special general meeting of the Association.
15.2 Special General Meetings shall also be convened by the Secretary (Public Officer) upon the written notice of request of not less than five (5) percent (%) of the members of the Association and shall be held within four (4) weeks from the date of receipt of the request.
16. Notice of Meetings.
16.1 The Secretary (Public Officer) shall give at least twenty-one (21) clear days notice in writing (or in a Member’s chosen communication medium) of any special general meetings to the members of the Association specifying the place and the hour of the meeting and the proposed agenda.
17. Quorum
17.1 A quorum shall consist of not less than fifteen (15) full members or one tenth of the full membership representing at least two regions of the state) whichever is the lesser, present in person.
17.2 A State Council quorum shall consist of no less than five (5) State Council members (from at least two regions of the state), one of whom must be the President, Secretary or Treasurer.
17.3 If in either case (17.1 or 17.2) a quorum is not present within half an hour of the time set down for a meeting to commence then the meeting shall be adjourned to the same place and time seven (7) days later or to a place and time within one (1) month of the date of such meeting.
17.4 If at such meeting a quorum not be present then those full members attending shall be deemed to be a quorum provided that the number of such members is no fewer than three (3).
17.5 Excepting when such a meeting is adjourned to the same place and time seven (7) days later, notice of the adjourned meeting shall be given to the members of the Association at least seven (7) days prior to the adjourned meeting.
18. Duties of Office Bearers.
Unless otherwise determined by the State Council the duties of the members of the State Council shall include, but not be limited to
18.1 President.
18.1.1 Ensure regular State Council meetings are held and that all State Council members are advised of meetings by the Secretary.
18.1.2 Format agendas for each meeting with the assistance of other office bearers.
18.1.3 Preside at State Council meetings and all other meetings of the Association
18.1.4 Act as spokesperson for the Association.
18.2 Vice President.
18.2.1 In the absence of the President, perform all roles, tasks and duties of the President.
18.3 Secretary.
18.3.1 Call all meetings in accordance with this Constitution.
18.3.2 Ensure that adequate and accurate minutes of all meetings of the Association, State Council and all sub-committees are made and retained.
18.3.3 Ensure that adequate and accurate records of correspondence in and out are maintained.
18.3.4 Ensure that correspondence is brought to the attention of the State Council in a timely manner and that any responses are accurate and sent in a timely manner.
18.3.5 Maintain all files on behalf of the Association
18.3.6 Maintain a register of assets deemed to belong to the Association.
18.3.7 Receive and submit to the State Council all applications for membership of the Association.
18.3.8 Maintain a register of all members of the Association
18.3.9 Ensure up to date policies and procedures are maintained.
18.3.10 Perform all other duties as directed by the President.
18.4 Treasurer.
18.4.1 Ensure the safekeeping of all records and documents of a financial nature.
18.4.2 Ensure that proper books of account are kept and that funds are not mismanaged.
18.4.3 Ensure that financial requirements of funding bodies are met.
18.4.4 Operate the bank accounts of the Association or any authorised person directed by State Council.
18.4.5 Receipt all money on behalf of the Association or any authorised person directed by State Council.
18.4.6 Except with the authority of the State Council make no payment in excess of $100.00
18.4.7 Ensure that financial reports are prepared and presented at State Council meetings.
18.4.8 Prepare and present Annual Financial Report to the Annual General Meeting of the Association.
18.4.9 Ensure that an audit is conducted each financial year.
18.4.10 Perform such other duties as directed by the President.
18.4.11 The banking of the Association may be transacted by NetBank and be operated by the Treasurer and the State Co-ordinator or any authorised person directed by State Council.
18.4.12 Logging on to Net Bank shall only be enacted by the passwords of the Treasurer and the State Co-ordinator, two such passwords being required.
18.5 Public Officer.
18.5.1 Notify the Commissioner for Corporate Affairs within 14 days of their appointment - name, address and telephone contact. Notify change of address if and when applicable.
18.5.2 Notify the Commissioner for Corporate Affairs within one month of any alteration to the constitution of the Association.
18.5.3 Notify the Commissioner for Corporate Affairs within one month of the passing of any special resolution.
18.5.4 Lodge with the Commissioner of Corporate Affairs an audited financial statement of the Association’s accounts for the financial year ended.
18.5.5 Be available to accept service on behalf of the Association of any notice, demand, summons, writ or other document or process.
18.5.6 Perform such other duties as directed by the President.
18.6 In the absence of any office bearer, the duties of that office bearer may be performed by such other members of the State Council as is determined by the State Council including the State Coordinator.
19. Special Resolutions at Annual General Meetings and Special General Meetings.
19.1 In order to be a special resolution, a resolution must be passed by three quarters of the members present at the meeting.
19.2 Notice of the intention to propose a special resolution. And full text of the resolution, must be given to all members at least 14 days prior to the meeting at which it is to be discussed and proposed.
20. When Special Resolutions are required special resolutions are required to be passed:
20.1 For any amendment to this constitution
20.2 For the winding up of the Association.
20.3 For the amalgamation of the Association with another association.
20.4 In any other special circumstances
21. Seal of the Association.
21.1 The Common Seal of the Association is to be kept in the custody of the Public Officer.
21.1.1 The stamp of the Common Seal shall be only be affixed to a document with the approval of the State Council.
21.1.2 The stamp of the Common Seal shall be witnessed by the signatures of one member of the State Council, witnessed by the Public Officer and 2 members of the Association.
22. Accounts.
22.1 All accounts shall be presented to and passed for payment at a State Council meeting and full details of such approvals shall be entered into the Minute Book.
23. Cheque Signatories.
23.1 All cheques raised on behalf of the Association shall be signed by at least two signatories. Allowed signatories are the President, Secretary and Treasurer or other members of the Association as determined by the State Council.
23.2 Electronic Funds Transfer-EFT, shall be transacted by the Treasurer and the State Co-ordinator or any authorised person directed by State Council.
24. Sub-Committees.
24.1 The State Council shall establish sub-committees as required, drawing from membership of the Association or such other persons as the State Council may determine.
24.2 All Branches of the Association will be deemed to be sub committees of the Association and as such agree to abide by the rules as laid down in this Constitution.
25. Audit.
25.1 The auditor or auditors shall be appointed at the Annual General Meeting. They shall examine all accounts, vouchers, receipts, books. etc and furnish a report thereon to the members of the Association at the Annual General Meeting. Audits will be conducted at regular intervals of at least once per financial year.
25.2 The auditor shall not be a member or closely related member of the State Council.
26. Insurance.
26.1 The Association shall effect and maintain insurance as is required by law or regarded as necessary by the Association.
27. Dissolution.
27.1 The Association shall be dissolved in the event of membership of the Association becoming fewer than 20 persons who are full members or by special resolution of members entitled to vote.
27.2 Upon this Association being dissolved in accordance with sub-clause 27.1, all assets and funds of the Association on hand shall, after payments of all expenses and liabilities, be handed over to a charitable organisation in Tasmania of like-minded philosophy which is a public benevolent institution for the purpose of any Commonwealth Taxation Act. as determined by the membership of the Association.
27.3 If the ‘Gift Fund’ is wound up or if the endorsement (if any) of the organisation as a deductible gift recipient is revoked, any surplus assets of the gift fund remaining after the payment of liabilities attributable to it shall be transferred to a fund, authority or institution to which income tax deductible gifts can be made.
28. Review Process for Endorsement as an Income Tax Exempt Charity and a Deductible Gift Recipient.
28.1 The State Council shall cause a review of the Association’s activities to be held from time to time to ensure that it retains eligibility for endorsement as an income exempt charity and deductible gift recipient, this review to be made and recorded using forms designed for the purpose by the Australian Tax Office and found in the CHARITY PACK and GIFT PACK published by the Australian Tax Office, or such other forms as prescribed from time to time.
