Governance

Australian GLBTIQ Multicultural Council Inc ASSOCIATION RULES

Endorsed at AGM on 27 November 2019

The Association

1. The name of the Association is: Australian GLBTIQ Multicultural Council (the Association)
2. The purposes of the Association are:
   • To be a peak body for lesbian, gay, bisexual, transgender, intersex, queer individuals and community groups of multicultural and multi-faith backgrounds.
   • AGMC’s vision is to live in a world without prejudice and discrimination on the basis on sexuality, sex, gender, race, culture, and religion in celebration of our diverse and unique identities and to foster social harmony.
   • AGMC’s mission is to advocate for the rights of multicultural and multi-faith LGBTIQ communities through advocacy, research, grants, education, training and community events. (the Purposes).
3. The Association has power to do all things that help it to achieve these Purposes.
4. The Association and its Committee may only exercise their powers and use the income and assets of the Association for the Purposes of the Association.

Financial year

5. The financial year of the Association starts on 1 July of each year.

Members

6. Anyone who supports the Purposes of the Association can apply to join the Association as a member.
7. The Committee can set or change joining fees and annual subscription fees for members. Changes to the amount must be approved by members at a general meeting.
8. A person can apply to join the Association by writing to the Secretary (making an application either online or on paper) and paying the joining fee.
9. The Committee can approve or reject an application to join the Association. If the Committee rejects an application, it is not required to give reasons for that decision, but it must return the joining fee (if any) and write to the person to tell them their application has been rejected.
10. A person becomes a member when:
    • the Committee has approved their application to join the Association
    • the Association has received the person’s joining fee, and
    • the Secretary has entered the person’s name, address and date they became a member on the members register. An email address is a valid address as a contact for a member.
    • Endorsed at AGM on 27 November 2019 The Association must inform the person when their membership has started. The joining fee must be paid within 28 days.
11. Members can choose to stop being a member of the Association at any time by writing to the Secretary. The Association will not refund any joining and subscription fees already paid.
12. Members must pay the annual subscription fee within one month of being asked. If a member does not pay in time, their membership will be suspended (when membership is suspended, a member cannot exercise their members’ rights such as voting at the Annual General Meeting (AGM).
13. Members have rights and liabilities as set out in the Act and in these rules.
14. Each member’s liability is limited to the joining and annual subscription fees (if any).

Members’ access to documents

15. A member may, subject to rules 17 to 19, inspect the rules of the Association, general meeting minutes, relevant documents (as defined in the Act) and the members register at a reasonable time.
16. A member can write to the Secretary asking for copies of these documents (with the exception of the members register). The Secretary can charge a reasonable fee for providing copies.
17. The Secretary can refuse a request to inspect or get copies of relevant documents, or provide only limited access, if the documents contain confidential, personal, employment, commercial or legal matters, or if granting the request would breach a law or may cause damage or harm to the Association.
18. Members cannot inspect or get copies of Committee meeting minutes or parts of the minutes unless the Committee specifically allows it.
19. Members can write to the Secretary to ask that the Secretary restrict access to their details on the members register if they have special circumstances. The Secretary will decide if there are special circumstances, and will write to the member outlining their decision.

The Committee

20. The Association is governed by a management committee (the Committee) that is made up of committee members (Committee Members).
21. The Committee can exercise all powers and functions of the Association (consistently with these Rules and the Act), except for powers and functions that the members are required to exercise at a general meeting (under these Rules or the Act).
22. The Committee can delegate any of its powers and functions to a committee member, a subcommittee, a staff member or a member other than the power of delegation or a duty imposed by the Act. The delegation must be in writing and can be revoked by the committee in writing.
23. Committee Members are elected by members of the Association at the AGM by ballot (written vote).
24. The Committee is made up of the following roles:
    • The President
    • Endorsed at AGM on 27 November 2019
    • The Vice President
    • The Treasurer
    • The Secretary
    • (these are the Office Bearers)
    • Up to seven (7) Ordinary Committee Members.
25. At the first Committee meeting after each AGM, the Committee will elect Committee Members to each Office and will decide the responsibilities of each Office.
26. The Secretary must be over 18 years of age, and live in Australia.
27. If the Secretary stops living in Australia, they cannot remain the Secretary.
28. If the Secretary stops being the Secretary, the Committee must appoint a new Secretary within 14 days and inform Consumer Affairs as to the new Secretary.
29. Each Committee Member finishes their time on the Committee (term) at the next AGM after they were appointed, but they can be elected again.
30. A member can nominate to be on the Committee by writing to the Secretary, and another member must support their nomination in writing. The supported nomination must be received at least 7 days before the AGM and can be provided electronically.
31. If the number of members nominated to be Committee Members is equal to the number of Committee Members, the AGM Chair may declare the positions filled without holding a ballot.
32. If the number of members nominated to be Committee Members is greater than the number of Committee Member positions, a ballot will be conducted to determine Committee Membership.
33. If there are fewer nominations than the Committee Member positions, then at a later point the Committee can agree by consensus to co-opt a paid member on the Committee.
34. A Committee Member stops being on the Committee if they:
    • resign, by writing to the Committee or the Secretary
    • are removed by a special resolution of members of the Association
    • become insolvent (as the term is used in the Corporations Act 2001)
    • become a represented person (under the Guardianship and Administration Act 1986), or
    • die.
35. If a Committee Member stops being on the Committee before the end of their term in accordance with rule 33, the Committee can temporarily appoint a member of the Association to fill the vacancy on the Committee until the next AGM.
36. Among its other responsibilities, the Committee is responsible for making sure that:
    • accurate minutes of general meetings and Committee meetings of the Association are made and kept, and
    • all records, securities and relevant documents of the Association are kept properly.

Committee Meetings

37. The Secretary must give 7 days’ notice of a Committee meeting to Committee Members unless the meeting is an urgent meeting.
38. The Committee can decide how often it meets.

Endorsed at AGM on 27 November 2019

39. Committee Members may attend meetings through technology (such as phone or video conferencing) so long as everyone can hear and be heard at the same time.
40. The Chair of Committee Meetings is the President, or if the President cannot attend, the Vice President, and if the President and Vice President cannot attend, the Committee Members can choose who will be Chair for that meeting.
41. If a vote of the Committee is tied, the Chair of the meeting has the deciding vote.
42. The majority (more than half) of Committee Members must be present (either in person or through the use of technology) for the meeting to be validly held (the quorum).

General Meetings

43. The Association must hold an AGM within five months of the end of the Association’s financial year.
44. The ordinary business of the AGM is to confirm the minutes of the previous AGM, receive reports and statements on the previous financial year, and elect Committee Members. The notice of AGM must include any special business or motions to be considered.
45. The Committee or a group of at least 10% of all members may call a Special General Meeting.
46. At least 10% of the members (a quorum) must be present at a general meeting (either in person or through the use of technology, [or by proxy]) for the meeting to be held.
47. Members may vote by proxy at general meetings.
48. Proxy forms must be received by the Secretary at least 7 days before a meeting.
49. Notice of general meetings must be provided to members at least 21 days before the meeting in writing to each member’s postal or email address listed on the members register (in the case of email addresses, so long as the email address was provided for receiving notices).
50. Notices of general meetings must include proposed matters to be dealt with at that meeting.
51. The Chair of a general meeting will be the President, or if the President is not in attendance, the Vice President, or if the President and Vice President are not in attendance, the members at the meeting can choose another Committee Member to be Chair.
52. Votes may be held by a show of hands or written ballot, or another method determined by the Chair that is fair and reasonable in the circumstances. If a vote is held initially by show of hands, any member may request a vote be held again by written ballot.
53. If a vote of the members is tied, the Chair of the meeting has the deciding vote.
54. The Chair may adjourn the meeting if there are not enough members at the meeting (see rule 46) within 30 minutes of the meeting time, or if there is not enough time at a meeting to address all business. A new notice must be sent to members before the adjourned meeting (but does not have to comply with time for notice requirements unless the adjourned meeting is more than 21 days after the original meeting date).

Grievance disputes

55. If there is a dispute between a member and another member, a member and the Association, or a member and the Committee, the parties involved must first attempt to Endorsed at AGM on 27 November 2019 resolve the dispute between themselves for at least 14 days from the date the dispute is known to all parties involved.
56. If the dispute cannot be resolved between the people involved, the following grievance procedure must be followed:
    • the party with a grievance must write to the Association and any other people affected, and explain what they are unhappy about
    • the Committee must appoint an unbiased mediator to hear from all the parties involved and try to find a solution. The Committee must give the people involved reasonable notice of the time and place of the hearing
    • at the hearing, each party must have an opportunity to be heard and agrees to do their best to resolve the dispute, and
    • if the parties cannot resolve the dispute with the assistance of the mediator, then an unbiased decision-maker must determine the outcome of the dispute.

Disciplining members

57. The Committee can discipline a member of the Association if it considers the member has breached these Rules or if the member’s behaviour is causing (or has caused) damage or harm to the Association.
58. The Committee must write to the member to tell them why disciplinary action is proposed to be taken.
59. The Committee must arrange a disciplinary procedure that meets these requirements:
    • the outcome must be determined by a unbiased decision-maker
    • the member must have the opportunity to be heard, and
    • the disciplinary procedure must be completed as soon as reasonably practicable.
60. The outcome of a disciplinary procedure can be that the member must leave the Association, for a period of time or indefinitely. The Association cannot fine a member.

Funds

61. The Association must not distribute funds, income or assets to members except as reasonable compensation for services provided (see Education and Training) or expenses incurred on behalf of the organisation (reimbursement).
62. The Association may derive or generate funds from joining and annual subscription fees, donations, grants, fundraising, interests, and any other sources approved by the Committee that are consistent with furthering the Association’s Purposes.
63. Cheques, EFT transfers or cash payments made from the Association’s funds must be authorised by two members of the Committee.
64. Financial records must be kept and stored for 7 years, and in accordance with any other applicable laws.
65. The Association does not have a common seal.

Education and training

66. In furthering the Purposes of the Association, any member or committee member who has the skills, expertise and ability to deliver training for the Association, may submit or tender a proposal to the committee for approval to deliver training to further the Association’s Purposes.
67. If approved by the committee to deliver training, members will be able to receive a percentage of the monies received (if any) from delivering the training.
68. A conflict of interest policy will be developed and followed by the Committee to ensure the member delivering training is following the rules of good governance, accountability and transparency.
69. Sitting fees are to be received by the Association and members are to be reimbursed for expenses (food, travel, accommodation) but not receive the sitting fees.
70. The committee can, by consensus decide to choose more than one member to deliver training.

Alteration of rules

71. These Rules may be changed, added to, or replaced by special resolution of the Association’s members at a general meeting.
    • Note: to pass a special resolution, 75% of votes cast by members present at a meeting and eligible to vote must be in favour of the resolution. There are extra notice requirements when a special resolution is proposed.

Winding Up

72. The members may vote by special resolution at a general meeting to wind up the Association.
73. If the Association is wound up, any surplus assets must not be distributed to the members or former members of the Associations, and (subject to the Act and any Court order) must be distributed to another organisation or organisations, so long as that other organisation or organisations are not carried on for the profit or gain of its members.