Choristers Information
As at March 16 2015
RULES OF THE AUSTRALIAN WELSH MALE CHOIR
(CÔR MEIBION CYMREIG AWSTRALIA) INCORPORATED
NAME
1. The name of the Association is THE AUSTRALIAN WELSH MALE CHOIR (CÔR MEIBION CYMREIG AWSTRALIA)
INCORPORATED.
PURPOSES
The purposes for which the proposed incorporated association is established are:-
(1) To promote and advance the Welsh cultural heritage in general and Welsh male voice choral singing in
particular and in furtherance thereof to perform as a choir (with or without soloists) and to provide entertainment
to the public for the purposes of raising money to:
(a) Provide direct relief to persons in Australia who are in necessitous circumstances; and
(b) Fund grants, scholarships and prizes within the Association’s cultural purpose to individual recipients.
(2) To provide entertainment by way of choral singing for any persons, firms or other institutions on such terms and
conditions as the choir shall think fit.
(3) To affiliate with associations having similar aims whether in Australia or elsewhere.
(4) The Association will operate as a not for profit organisation and the assets and income of the Association shall
be applied solely in furtherance of its above mentioned objects 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.
INTERPRETATION
2. (i) In these rules, unless the contrary intention appears:-
'Committee' means the Committee of Management of the Association.
‘Executive Committee’ shall consist of the President, Vice President Secretary and Treasurer of the Association
fin ‘Financial year' means the year ending on 31 March.
'general meeting' means a general meeting of members convened in accordance with Rule 12.
'member' means a member of the Association and shall include an ordinary member, a life member, a social
member and an honorary member.
'Ordinary member' means a natural person who is nominated and accepted for membership of the Association
as a chorister in accordance with these Rules. An ordinary member shall pay an entrance fee and an annual
subscription as determined by the committee from time to time. At the discretion of the Committee an ordinary
member upon application to the Committee and on approval of same may pay a reduced or no fee if the
ordinary member is a student or a person in receipt of any pension either of age, disability or any other or is in
receipt of a fixed annuity.
'Social member' means a non-singing Ordinary member. A social member shall pay an annual fee in
accordance with these Rules.
'Honorary Member' means a individual who the Association wishes to honour because of services rendered to
the Association. An individual shall be elected as an honorary member at any meeting attended by at least 75%
of the members and following the recommendation of the Committee. An honorary member shall not be entitled
to vote at any meeting of the Association and shall not be required to pay any annual subscription fee.
The Act' means the Association Incorporation Act (Vic.) 1981.
'the regulations' means regulations under the act.
'The Choir' means the Association.
(ii) In these rules, a reference to "the Secretary of the Association" is a reference:-
(a) where a person holds office under these rules as Secretary of the Association and then to that
person; and
(b) in any other case, to the Public Officer of the Association as designated in The Act.
(iii) In these rules, a reference to "the Treasurer" shall mean the person who holds office under these rules as the
Treasurer
(iv) Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the
Interpretation of Legislation Act 1984 and the Act as in force from time to time.
PUBLIC FUND
3. (i) The Association will establish and maintain a public fund.
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(ii) Donations will be deposited into the public fund listed on the Register of Cultural Organisations. These monies
will be kept separate from other funds of the Association and will only be used to further the principal purpose
of the Association. Investment of monies in this fund will be made in accordance with guidelines for public funds
as specified by the Australian Taxation Office.
(iii) Monies from the Public Fund may be used to fund grants, scholarships and prizes within the Association’s
cultural purpose to individual recipients. These grants, scholarship and prizes are all open to the public and are
governed by a selection process set by the Committee of Management from time to time. Under no
circumstances can there be a connection between a donor and a recipient of a grant, scholarship or prize.
(iv) The fund will be administered by the public fund subcommittee of the committee of management, a majority of
whom, because of their tenure of some public office or their professional standing, have an underlying
community responsibility, as distinct from obligations solely in regard to the cultural objective of the Australian
Welsh Male Choir.
(v) The procedure for election of officers to the public fund subcommittee of the committee of management shall be
the same as for the election of officers to the committee of management provided the candidate is one of the
following:
(a) Justices of the Peace
(b) Members of the clergy
(c) Church authorities
(d) Trustees or board members of a non-profit school or college
(e) Judge/Magistrates
(f) Solicitors
(g) Accountants (must be CPA, ASA, NIA or CIA registered)
(h) Directors/Senior Executives of large companies (must be listed on the Australian Stock Exchange)
(i) Medical practitioners and other professional persons (must belong to a professional body, which has a
professional code of ethics and rules of conduct, e.g. Medical Registration Board)
(j) Teachers in senior positions
- School Principals
- Senior academics (professors, deans, principal lecturers, as well as appointments made by the
chancellors)
(k) Persons holding Public or Elected Office:
- Mayor
- Town clerk
- Councillors
- Members of Parliament
(l) Persons who hold (or have held) other public positions (i.e. appointments by Government Ministers).
(m) Persons with honours (AO, AM, OBE etc).
(vi) No monies or assets in this fund will be distributed to members or office bearers of the Association, except as
reimbursement of out-of-pocket expenses incurred on behalf of the fund or proper remuneration for
administrative services.
(vii) The Department responsible for the administration of the Register of Cultural Organisations will be notified of
any proposed amendments or alterations to provisions for the public fund, to assess the effect of any
amendments on the public fund’s continuing Deductible Gift Recipient status.
(viii) Receipts issued for gifts to the Association’s public fund will state:
- The name of the public fund and that the receipt is for a gift made to the public fund
- The Australian Business Number of the Association
- The fact that the receipt is for a gift; and
- Any other matters required to be included on the receipt pursuant to the requirements of the
Income Tax Assessment Act 1997.
(ix) If upon the winding up or dissolution of the public fund, there remains after satisfaction of all its debts and
liabilities, any property or funds, the property or fund shall not be paid to or distributed amongst its members,
but shall be given or transferred to some other fund, authority or institution having objects similar to the objects
of this public fund, and whose rules shall prohibit the distribution of its or their income among its or their
members. Such a fund, authority or institution must be eligible for tax deductibility of donations under
Subdivision 30-B section 30-100, of the Income Tax Assessment Act 1987 (the Act) and listed on the Register
of Cultural Organisations maintained under the Act
NOMINATION TO MEMBERSHIP
4. (i) A natural person who is nominated and approved for membership as provided in these Rules is eligible to be a
member of the Association on the payment of the entrance fee and annual subscription payable in accordance
with Rule 5 hereof.
(ii) A person who is not a member of the Association at the time of the incorporation of the Association (or who
was such a member at that time but has ceased to be a member) shall not be admitted to membership unless;
(a) he is nominated as provided in sub-clause (iii) hereof; and
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(b) his admission as a member is approved by the Committee.
FORM OF NOMINATION
(iii) Nomination of a person for full or social membership of the Association:-
(a) shall be made in writing in the form set out in Appendix 1 hereof; and
(b) shall be lodged with the Secretary of the Association at the earliest opportunity.
(iv) As soon as practicable after the Secretary's receipt of the nomination, the Secretary shall refer the nomination
to the Committee of the Association.
(v) Upon the referral of a nomination to the Committee, the Committee shall by simple majority determine to
approve or reject the nomination.
(vi) Upon a nomination being approved by the Committee, the Secretary shall, with as little delay as possible;
(a) notify the nominee in writing that he is approved for membership of the Association; and
(b) request payment within in the period of 28 days after the receipt of the notification of approval for
membership, the sum payable under these Rules as the Entrance Fee and the First Year's Annual
Subscription.
(vii) The Secretary shall, upon the nominated person's payment to the Treasurer of the amounts referred to in subclause
(vi) hereof, enter the information required under Rule 6 in the register of members kept by him and upon
being so registered shall become a member of the Association or a social member of the Association.
MEMBERSHIP NON-TRANSFERABLE
(viii) A right, privilege or obligation of a person which arises out of the person's membership of the Association:-
(a) is not capable of being transferred or transmitted to another person
(b) terminates upon the cessation of the persons membership whether by reason of death or resignation or
otherwise.
(ix) The Committee's rejection of an application or nomination for membership of the Association shall be final and
not open to appeal, provided however that an unsuccessful applicant may apply again for membership after a
six month interval.
ENTRANCE FEE AND ANNUAL SUBSCRIPTION
5. (i) An entrance fee shall be paid by each new member of the Association and the amount of the entrance
shall be set from time to time by the committee.
(ii) Every Association member not being an honorary member or an honorary life member shall pay an annual
subscription and the amount of the annual subscription shall be set from time to time by the Committee and is
payable by each full member of the Association not being an honorary member or an honorary life member on
or before the 1st day of April in each year, provided that the annual subscription in respect of a member
admitted after the commencement of a financial year shall be on a pro-rata basis for that financial year.
SUBSCRIPTIONS - WHEN PAYABLE
(iii) Unless otherwise provided in these rules, the annual subscriptions shall be paid to the Treasurer within 60 days
of the 1st April in any year unless otherwise agreed by the Committee either generally or in a particular case.
NON-FINANCIAL MEMBERS
(iv) If a member has not paid the annual subscription in accordance with sub-clause (iii) hereof, such a member
shall not cast a vote nor be entitled to attend any meetings of the Association including concerts and rehearsals
until such time as the annual subscription has been paid or Committee approval for non-payment has been
granted pursuant to sub-clause (v) hereof.
SUBSCRIPTION WAIVER OR REDUCTION
(v) If a member shall apply to the Committee to have his annual subscription reduced or his obligation to pay
waived, then the Committee may in its absolute discretion, waive or reduce the annual subscription of a
member if the payment of the annual subscription would, in the opinion of the Committee, cause unnecessary
hardship to such member.
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REGISTER OF MEMBERS
6. The Secretary shall keep and maintain a register of members and social members in which shall be entered the
following details in respect of each member:-
(a) the member's full name
(b) the member's home and postal addresses
(c) date of entry of each member's name; and the register shall be available for inspection by members at the
address of the Public Officer and the register so kept shall be paramount in determining periods of long service
to the Association.
RESIGNATION OF A MEMBER
7. (i) A member of the Association who has paid all monies due and payable by him to the Association may
resign from the Association by first giving one months notice in writing to the secretary of his intention to
resign and upon the expiration of that period of notice, the member shall cease to be a member.
(ii) Upon the expiration of a notice given under sub-clause (i) hereof, the secretary shall make an entry in the
register of members, recording the date on which the member whose notice has been received ceased to be a
member.
EXPULSION, SUSPENSION OR FINING OF A MEMBER
8. (i) The Committee may by resolution:-
(a) expel a member of the Association: or
(b) suspend a member from membership of the Association; or
(c) fine a member in accordance with the regulations; if the Committee is of the opinion that a member:-
(i) has refused or neglected to comply with these rules; or
(ii) has been guilty of conduct unbecoming of a member, or prejudicial to the interest of the
Association; or
(iii) has not paid his annual subscription in accordance with Rule 5 Sub-clause (iii).
(ii) A resolution of the Committee under Sub-clause (i) hereof:-
(a) Does not take effect unless the Committee, at a meeting held not earlier than 14 days and not later
than 28 days after the service of a member of a notice under Sub-clause (iii) hereof, properly confirms
the resolution made in accordance with this clause; and
(b) Does not take effect where the member exercises a right of appeal to the Association pursuant to Subclause
(iii) (d) (iii) hereof unless the Association at a special general meeting convened under Subclause
(v) hereof confirms the resolution of the Committee taken pursuant to Rule 8 Sub-clause (iv) (c).
(iii) Where the Committee passes a resolution expelling, suspending or fining a member pursuant to Sub-clause
(i) hereof, the Secretary shall, as soon as practicable, cause to be served on the member a notice in writing:-
(a) setting out the resolution of the Committee and the grounds on which it is based;
(b) stating that the member may address the Committee at a meeting to be held not earlier that 14 days
and not later than 28 days after service of the said notice;
(c) stating the date, place and time of that meeting;
(d) informing the member that he may do one or more of the following:-
(i) attend the meeting and address the Committee personally;
(ii) give the Committee before the date of that meeting a written statement seeking revocation of
that resolution;
(iii) lodge with the Secretary, not later than 24 hours before the date of the meeting, a notice to the
effect that he wishes to appeal the Association in general meeting against the resolution.
(iv) At a meeting of the Committee held in accordance with Sub-clause (iii) (b) hereof, the Committee:-
(a) shall give the member an opportunity to be heard;
(b) shall give due consideration to any written statement submitted by the member; and
(c) shall by resolution determine whether to confirm or revoke the resolution.
SPECIAL GENERAL MEETING FOR MEMBERS APPEAL
(v) Where the Secretary receives a notice pursuant to Sub-clause (iii) (d) (iii), he shall notify the Committee and the
Committee shall convene a special general meeting of the association to be held within 21 days of the date on
which the secretary received that notice.
(vi) At a special general meeting of the Association convened pursuant to Sub-clause (v) hereof:-
(a) no business other than the question of the member's appeal shall be transacted;
(b) the Committee may place before the meeting details of the grounds for the resolution of expulsion,
suspension or fine and the reasons for the passing of the resolution;
(c) the appellant member shall be given a opportunity to be heard; and
(d) the members present shall vote by secret ballot on the question of whether the resolution should be
confirmed or revoked.
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(vii) If at the special general meeting:-
(a) two-thirds of the members vote in person or by proxy in favour of the confirmation of the resolution,
then the resolution is confirmed; and
(b) in any other case the resolution is revoked.
IMMEDIATE TEMPORARY SUSPENSION
(viii) Not withstanding any other provisions of these Rules, the Committee shall have the power to immediately
suspend any member who, in the opinion of the committee, has been guilty of serious misconduct, fraud or
dishonesty, until the meeting referred to in Sub-clause (ii) hereof or the special general meeting referred in Subclause
(iii) hereof has been convened.
ANNUAL GENERAL MEETING
9. (i) The Association shall in each calendar year convene an annual general meeting of its members.
(ii) The annual general meeting shall be held on such day as the Committee shall determine, provided that there
shall be no more than fifteen (15) months between consecutive annual general meetings.
(iii) The annual general meeting shall be specified as such in the notice convening it.
(iv) The ordinary business of the annual general meeting shall be:-
(a) to confirm the minutes of the last preceding annual general meeting and of any general meeting held
since that meeting;
(b) to receive from the Committee reports upon the affairs and transactions of the Association during the
preceding financial year;
(c) to elect members of the new Committee including a vice-president
(d) to receive and consider the statement submitted by the Association in accordance with section 30 (3)
of the Act, viz:-
(i) the income and expenditure of the Association during its financial year;
(ii) the assets and liabilities of the Association at the end of its last financial year;
(iii) the mortgages, charges and securities of any description affecting any of the property of the
Association at the end of its financial year; and
(iv) details of any trusts of which the Association was a trustee.
(v) The annual general meeting may transact special business of which notice is given in
accordance with Rule 12 Sub-clause (iii).
(vi) The annual general meeting shall be in addition to any other general meeting held in the
same year.
SPECIAL GENERAL MEETINGS
10. All general meetings other than the annual general meeting shall be called special general meetings.
CONVENING A SPECIAL GENERAL MEETING
11. (i) The Committee shall convene a special general meeting of the Association:-
(a) whenever it thinks fit;
(b) when required under Sub-clause 8 (v) of these Rules;
(c) when required under Sub-clause 28 (i) of these Rules;
(d) as required under the Act; or
(e) when required by the members pursuant to Sub-clauses (ii) to (v) hereof.
(ii) The Committee shall, on the requisition in writing of not less that 50% of the total number of members, convene
a special general meeting of the Association.
(iii) The requisition for a special general meeting shall state the objects of the meeting and shall be signed
personally by members making the requisition and shall be sent to the secretary at his official address and may
consist of several documents in like form, each signed by the members making the requisition.
(iv) If the Committee does not cause a special general meeting to be held within one (1) month after the date on
which the requisitions are sent to the Secretary, the members making the requisition, or any of them, may
convene a special general meeting to be held not later than three (3) months after that date.
(v) A special general meeting convened by members in pursuance of these Rules shall be convened in the same
manner or as nearly as possible as that in which meetings are convened by the committee and all reasonable
expenses shall be refunded by the Association to the persons reasonably incurring expenses.
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NOTICE OF GENERAL MEETINGS
12. (i) The Secretary of the Association shall, at least 14 days before the date fixed for holding a general meeting of
the Association, cause to be delivered to each member of the Association either personally or by prepaid post
to the member's postal address as appearing in the register of members, a notice by prepaid post stating the
place, date and time of the meeting and shall list the nature of the items of business to be transacted at the
meeting .
(ii) No business other than that set out in the notice convening the meeting shall be transacted at that meeting.
SPECIAL BUSINESS AT GENERAL MEETINGS
(iii) A member desiring to bring business before a general meeting (including the annual general meeting)
shall give notice of his intention to do so by notifying the Secretary in writing at least 21 days before the
next general meeting and the Secretary shall include that business in the notice convening the next general
meeting (including the annual general meeting) after the Secretary's receipt of the notice to that effect.
MEETING PROCEDURE
13. (i) All business that is transacted at a special general meeting and all business that is transacted at the annual
general meeting (with the exception of that specially referred to in these Rules at Clause 9. (iv) as being the
ordinary business of the annual general meeting) shall be deemed to be special business.
(ii) No item of business shall be transacted at a general meeting, either special or annual, unless a quorum of
members entitled under these Rules to vote is present during the time when the meeting is considering that
item.
QUORUM
(iii) 25% of the members entitled under these Rules to vote at a general meeting and being present shall constitute
a quorum for the transaction of the business of a general meeting whether Special or Annual.
(iv) If within half an hour after the appointed time for the commencement of a general meeting, a quorum is not
present, the meeting, if convened upon the requisition of members, shall be dissolved and in any other case
shall stand adjourned to the same day in the next week at the same time and (unless another place is specified
by the Chairman at the time of the adjournment, or by written notice to the members given before the day to
which the meeting is adjourned) at the same place and if at the adjourned meeting the quorum is not present
within half an hour of the time appointed for the commencement of the meeting, them the members present (not
being less than 10 in number) shall be deemed a quorum.
CHAIRMAN AT MEETINGS
14. (i) The President or the Vice president or a member of the Association selected by the Committee or that meeting,
shall preside as Chairman at each general meeting of the Association including the annual general meeting.
(ii) If the President and the Vice President and the member of the Association selected by the Committee for that
meeting are absent, then the members present shall elect one of their number to preside as the Chairman at
that meeting.
ADJOURNMENT OF BUSINESS AT A GENERAL MEETING
15. (i) The Chairman of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn
the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting
other than the business left unfinished at the meeting at which the adjournment took place.
(ii) Where a meeting is adjourned for 14 days or more, a like notice of the adjourned meeting shall be given as in
the case of a general meeting.
(iii) Except as provided in sub-clauses (i) and (ii) hereof, it is not necessary to give notice of an adjournment or of
the business to be transacted at an adjourned meeting.
METHOD OF VOTING AT A GENERAL MEETING
16. A question arising at a general meeting of the Association shall be determined on a show of hands and, unless, before
or on the declaration of the show of hands, a ballot is demanded, a declaration by the Chairman for the
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time being that the resolution has, on a show of hands, been carried or carried unanimously or carried by a particular
majority or lost, then an entry to that effect in the minute book of the Association is evidence of that fact even though no
proof of the number or proportion of votes recorded either in favour of, or against, that resolution.
17. (i) Upon any question arising at a general meeting of the Association, a member has one vote only subject to subclause
(iii) hereof.
(ii) All votes shall be given personally or by proxy.
(iii) In the case of an equality of voting, on any question, the chairman of the meeting for the time being is entitled to
exercise a second or casting vote.
BALLOTS
18. (i) If at a meeting a ballot on any question is demanded by not less than 5 members, a ballot shall be taken at that
meeting in such manner; either secret or otherwise as the Chairman of the meeting shall direct and the
resolution of the ballot shall be deemed to be a resolution of the meeting on that question.
(ii) A ballot that is demanded on the election of a Chairman or on a question of an adjournment shall be taken
forthwith and a ballot that is demanded on any other question shall be taken at such time before the close of the
meeting as the Chairman may direct.
PROXY VOTES
19. (i) Each member not being deemed a non-financial member shall be entitled to appoint another member as his
proxy by notice given to the Secretary not later than 24 hours before the time of the meeting in respect of which
proxy is appointed.
(ii) The notice appointing the proxy shall be in the form set out in Appendix 2.
COMMITTEE OF MANAGEMENT
20. (i) The affairs of the Association shall be managed by a Committee of Management constituted as provided in
Rule 21.
(ii) The Committee:-
(a) shall control and manage the business and affairs of the Association;
(b) may, subject to these Rules the Regulations and the Act, exercise all such powers and functions as
may be exercised by the Association other than those powers and functions that are required by these
Rules to be exercised by general meetings of the members of the Association; and
(c) subject to these Rules the Regulations and the Act, the Committee has power to perform all such acts
and things as appear essential for the proper management of the business and affairs of the
Association.
COMPOSITION OF THE COMMITTEE OF MANAGEMENT
21. (i) Subject to Section 23 of the Act and subject to sub-clause (iv) hereof, the Committee shall consist of;-
(a) a President;
(b) a Vice-President
(c) a Secretary;
(d) a Treasurer;
(e) a Public Relations Officer;
(f) a Concert Convener
(g) at least two, but not more than four other members.
(ii) The provisions of Rule 23 so far as they are applicable and with the necessary modifications, apply to and in
relation to the election of persons to any of the offices mentioned in sub-clause (i).
(iii) Each officer of the Association shall hold office until the Annual General Meeting next after the date of their
election but is eligible for re-election if properly nominated.
CASUAL VACANCY ON COMMITTEE
(iv) The Committee shall have power at any time, and from time to time, to appoint a member of the Association to
be a member of the Committee, either to fill a casual vacancy or as an addition to the existing numbers of
Committee members, but so that the total number of Committee members shall not at any time exceed the
number fixed in accordance with sub-clauses 21 (i) and 21 (v) hereof.
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PRESIDENTS TERM OF OFFICE
(iv) A member may hold the position of President of the Association for a maximum of five (5) consecutive years
provided that such member shall not stand for re-election to the position of President for a minimum of three
(3) years thereafter but provided that such member shall not be excluded from appointment to a sub-committee
of Committee of Management.
ALTERATION TO THE NUMBER OF COMMITTEE MEMBERS
22. (i) The Association may from time to time by resolution passed at a general meeting increase or decrease the
number of Committee members.
(ii) The Committee may from time to time appoint an assistant to any officer of the Committee provided that the
elected Officer shall continue to bear full responsibility for the activities and functions of the appointed assistant
but the appointed assistant shall have no increased voting rights and the appointed assistant shall be
accountable to the Committee as a whole.
ELECTION OF COMMITTEE OFFICERS
23. (i) Nomination of a candidate for election of the Committee of Management:-
(a) shall be made in writing, signed by two members of the Association and accompanied by the
written consent of the candidate (which may be endorsed on the form of nomination) but provided that
the proposer, the seconder and the nominee are all financial members; and
(b) shall be delivered to the Secretary of the Association not less than 7 days before the date fixed for
holding of the annual general meeting.
(ii) If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated shall be
deemed to be elected and further nominations shall be received at the annual general meeting.
(iii) If sufficient nominations are received to fill all vacancies on the Committee then the persons nominated shall be
deemed to be elected.
(iv) If there is more than one nomination for a position on the Committee then a ballot shall be held.
(v) The ballot for the election of members of the Committee shall be conducted at the annual general meeting in
such usual and proper manner as the Committee may direct.
(vi) If at the annual general meeting a member fails to be elected to a position for which the member has been
nominated in accordance with sub-clause (i) hereof, then that member may seek nomination from the floor of
the annual general meeting for any position for which no nominations have been received.
(vii) Nothing in this Rule shall prevent a member receiving nomination for more than one position on the committee
at the same election.
COMMITTEE VACANCIES
24. For the purposes of these Rules, the office of a member of the Committee shall become vacant if the Member:-
(a) ceases to be a member of the Association;
(b) becomes an insolvent person under administration within the meaning of the Companies (Victoria) Code;
(c) resigns his office by notice in writing given to the Secretary;
(d) is removed in accordance with Rule 28 sub-clause (i)
PROCEDURE AT COMMITTEE MEETINGS
25. (i) The Committee shall meet at least 4 times in each financial year at such place and such times as the
Committee may determine.
(ii) Special meetings of the Committee may be convened by the President or by any 4 members of the Committee.
(iii) Notice shall be given to members of the Committee of any special meeting specifying the general nature of the
business to be transacted and no other business shall be transacted at such meeting.
(iv) Any 4 members of the Committee shall constitute a quorum for the transaction of the business of a meeting of
the Committee.
(v) No business shall be transacted unless a quorum is present and if within half an hour of the time appointed for
the meeting a quorum is not present then the meeting shall stand adjourned to the same place and at the same
hour of the same day in the following week unless the meeting was a special meeting in which case the meeting
lapses.
(vi) The Committee shall appoint one of their members as Chairman to preside over meetings for such term as the
Committee shall decide.
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(vii) Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee shall be
determined on a show of hands, or, if demanded by a member, by a ballot taken in such manner as the
Chairman presiding at the meeting may determine.
(viii) Each member present at a meeting of the Committee or of any sub-committee appointed by the
Committee (including the Chairman presiding at the meeting) is entitled to one vote on any question and, in the
event of any equality of votes, the Chairman presiding may exercise a second or casting vote.
(ix) Written notice of each Committee meeting shall be served on each member of the Committee by delivering it to
him at a reasonable time before the meeting or by sending it prepaid post addressed to him at his usual or last
known place of abode at least 2 business days before the date of the meeting.
(x) Subject to sub-clause (iv) hereof, the Committee may act notwithstanding any vacancy on the Committee.
SECRETARY
26. (i) The Secretary shall cause minutes to be made:-
(a) of all appointments of members, Committee members and any other officers;
(b) of the name of Committee members present at all meetings of the Association and of the
Committee; and
(c) of all proceedings at all meetings of the Association and of the Committee.
(ii) Such minutes shall be signed by the Chairman of the meeting at which the proceedings took place or by the
Chairman of the next succeeding meeting.
(iii) The minutes referred to herein shall be made available by the secretary for inspection by the Members of the
Association at any meeting of the Association or upon reasonable request.
TREASURER
27. (i) The Treasurer of the Association:-
(a) shall collect and receive all monies due to the Association and make all payments authorised by
the Association; and
(b) shall keep correct accounts and books showing the financial affairs of the Association with full details
of all receipts and expenditure connected with activities of the Association.
(ii) The accounts and books referred to in sub-clause (i) hereof shall be available for inspection by members upon
reasonable request.
REMOVAL OF A COMMITTEE MEMBER
28. (i) The Association may by resolution passed at a general meeting specially convened for that purpose remove
any member of the Committee before the expiration of his period of office, and may by resolution at the general
meeting elect another member in his stead.
(ii) Where the member to whom the proposed resolution, as referred to in sub-clause (i) hereof applies, makes
representations in writing to the Secretary or President of the Association (not exceeding a reasonable length)
and requests that his representations be notified to the members of the Association, the Secretary or the
President shall send a copy of the representations to each member of the Association or, if they are not so sent,
the member may require that they be read out to the members at the meeting so convened.
CHEQUES
29. All cheques, drafts, bills of exchange, promissory notes, and other negotiable instruments shall be signed by two
members of the Committee.
SEAL
30. (i) The Common Seal of the Association shall be kept in the custody of the Secretary.
(ii) The Common Seal shall not be affixed to any Instrument except by the authority of the Committee and the
affixing of the Common Seal shall be attested to by the signatures either of two Members of the Committee or of
a member of the Committee and of the Public Officer of the Association.
ALTERATION OF RULES AND STATEMENT OF PURPOSES
31. These Rules and the Statement of Purposes of the Association shall not be altered except in accordance with the Act.
NOTICES GENERALLY
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32. (i) A notice may be served by or on behalf of the Association upon any member either personally or by sending it
prepaid post to the member at his address shown in the Register of Members.
(ii) Where a document is properly addressed prepaid and posted to a person as a letter, the document shall, unless
the contrary is proved, be deemed to have been given to the person at the time at which the letter would have
been delivered in the ordinary course of the post.
WINDING UP OR CANCELLATION
33. (i) The Association may be wound up or dissolved; only by a resolution carried by at least 75% of those persons
properly authorised to vote at a General Meeting called for that purpose.
(ii) If upon the dissolution of the Association there remains after the satisfaction of all its debts and liabilities any
property whatsoever, the same shall not be paid or distributed amongst the members of the Association, but
shall be given or transferred to some other institution or institutions having object similar to those of the
Association and which shall prohibit the distribution of its or their income and property amongst its or their
members, such institutions to be determined by a general meeting of the Association at or before the time of
dissolution and if and so far as effect cannot be given to the aforesaid provisions then such property shall be
given to some charitable organisation.
CUSTODY OF RECORDS
34. Except as otherwise provided in these Rules, the Secretary shall keep in his custody or under his control all books,
documents and securities of the Association.
FUNDS
35. The funds of the Association shall be derived from entrance fees, annual subscriptions, donations and such other
sources as the Committee shall determine.
HONORARY MEMBERS
36. (i) Honorary members shall be individuals whom the Association wishes to honour in a special way because of
services rendered to the Association. An individual shall be elected as an honorary member at any Meeting
attended by at least 75% of the members and following the recommendations of the Committee.
(ii) Honorary members shall not be entitled to vote at any meeting of the Association.
HONORARY LIFE MEMBERS
37. (i) Honorary life members shall be members who have been or were members of the Association for not less than
10 years and whom the Association wishes to honour in a special way because of services rendered to the
Association. A member shall be elected as an honorary life member at any meeting attended by at least 75%
of the members and following the recommendations of the Committee.
(ii) Voting rights for Honorary Life Members at any meeting of the choir shall cease at the expiration of 12 months
after an Honorary Life Member ceases to actively support the choir, provided that such Honorary Life Member
has not been inactive through illness.
LONG SERVING MEMBERS
38. (i) Any member who has been a member of the Association for a continuous period of ten (10) years may
at the Committee's discretion be awarded long serving member status.
(ii) Notwithstanding that the Committee has the discretion to award long service member status, the Committee
may award long service member status upon any member who in the view of the Committee has completed 10
years (either continuous or otherwise) of practical service to the Association.
SOCIAL MEMBERS
39. A social member is any person assisting the Association in a non-singing capacity or a member taking leave with
permission of the Committee who retains membership of the Association by way of payment of an annual subscription at
a rate determined by the Committee from time to time.
BY-LAWS AND CONCERT RULES
40. (i) The Committee shall be responsible for the setting down of the by-laws of the Association with the power to
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amend them from time to time. Nothing in the by-laws shall override the provisions of these Rules.
(ii) The by-laws shall include the manner in which Members are expected to conduct themselves at choir practices,
rehearsals, concerts and other Association functions and an up to date copy of the by-laws shall be displayed
on the Association notice board at meetings.
(iii) Unless otherwise specified, the by-laws of the Association shall be deemed to be the set of Rules previously
called the Rules of the Association under the Constitution of the Association before it applied for Incorporation
under the Act.
DISPUTES AND MEDIATION
41. Disputes may arise from time to time that have a bearing on the affairs of this association. If such a dispute is
communicated in writing to the Secretary, that office will co-ordinate the following process:
(i) The grievance procedure set out in this rule applies to disputes under these Rules between -
(a) a member and another member, or
(b) a member and the Association.
(ii) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute
within 14 days after the dispute comes to the attention of all the parties.
(iii) If 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.
(iv) The mediator must be-
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement -
(i) in the case of a dispute between a member and another member, a person appointed by the
committee of the Association; or
(ii) 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).
(v) A member of the Association can be a mediator.
(vi) The mediator cannot be a member who is a party to the dispute.
(vii) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
(viii) The mediator, in conducting the mediation, must -
(a) give the parties to the mediation process every opportunity to be heard; and
(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.
(ix) The mediator must not determine the dispute.
(x) If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the
dispute in accordance with the Act, otherwise at law.”