SUSSEX INLET P.C. USERS GROUP INC.

RULES

Part 1 - PRELIMINARY

1. Definitions

• "Group" means the Sussex Inlet P.C. Users Group Inc.
• "Member" means any person having membership of the Group in accordance with the Rules.
• "Ordinary Member" means a member or associate member of the committee who is not an office-bearer of the Group, as referred to in Rule 19 (1)
• "Secretary" means:
  the person holding office under these Rules as Secretary of the Group or
  if no such person holds that office - the Public Officer of the Group.
• "Special General Meeting" means a general meeting of the Group other than an Annual General Meeting.
• "the Act" means the Associations Incorporation Act 1984.
• "the Regulations" means the Associations Incorporation Regulations, 1999.

2. In these Rules;

• a reference to a function includes a reference to a power, authority and duty and;
• a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of that duty.
• The provisions of the Interpretation Act, 1987, apply to and in respect of these Rules in the same manner as those provisions would apply if these Rules were an instrument made under the Act.
• "Committee Member" means a member elected to the Management Committee, either an office-bearer or an ordinary committee member.
• "Rules" mean the Group's Rules, based on the Model Rules for Incorporated Associations issued by the New South Wales Department of Fair Trading according to the Associations Incorporation Act of 1984, and as modified for the particular needs of the Group.
• "Applicant" is a person who has applied in writing to become a member or associate member.

3. Title

• The Group shall be called Sussex Inlet P.C. Users Group Inc.

4. Sphere of Influence

• Membership is intended primarily for senior members of the Sussex Inlet and surrounding communities but not to the exclusion of others, at the discretion of the committee, who have a desire to improve their skills in computing.

5 and 6. Aims and objectives

• The purpose of the Group shall be to assist members by;

 i. enabling them, through mutual help and at a minimum cost, to acquire and improve their computer and electronic communication skills;
  ii. providing them with facilities pursuant to this aim;
  iii. providing a setting for the interchange of computer and communications knowledge, skills and ideas, in an atmosphere of fellowship and enjoyment;

• enabling members to keep up with developments in the use of computer so that they continue to participate in this aspect of modern life, thereby contributing to their self-confidence and self esteem;
• providing regular meetings, activities, Special Interest Groups pursuant to attaining the above;
• striving to be seen as a worthwhile organisation within the community.
• The Group shall be non-political, non-sectarian, non profit and financially competent and will not indulge in fund raising for any purpose other than its stated Aims and Objectives.
• Members shall observe and uphold the rules of the Group and actively support and defend the Group, its aims and objectives.
• Membership numbers may be restricted to a maximum figure as determined and/or amended at any Annual or Special General Meeting, as recommended by the committee.

Part 11 - MEMBERSHIP

7. Membership Qualifications

A person is qualified to be a member of the Group if, but only if;

• the person is a person referred to in section 15(1)(a), (b) or (c) of the Act and has not ceased to be a member of the Group at any time after the incorporation of the Group under the Act; or
• the person is a natural person who-

has applied for membership of the Group as provided in Rule 8 and
has been approved for membership of the Group by the committee.

8. Application for Membership

1. An application of a person for membership of the Group -

shall be in writing in the form set out in Appendix 1 of the Model Rules, and
shall be lodged with the Secretary of the Group, together with entry and subscription fees. See also Rule13.

As soon as practicable after receiving a nomination for membership, the Secretary shall refer the nomination to the committee which shall determine whether to approve or to reject the application, the committee's decision on this matter being final.

The Secretary shall enter the applicant's name in the Register of Members and, upon being so entered, the applicant becomes a member of the Group.

Where an application has not been approved, fees paid will be refunded. (see 1(b) above.)

9. Cessation of Membership

A person ceases to be a member if the person

• dies,
• resigns that membership
• is expelled from the Group
• ceases to be a financial member, except in exceptional circumstances as determined by the committee.

10. Membership Entitlements Not Transferable

Any right, privilege or obligation which a person has by reason of being a member of the Group is not capable of being transferred or transmitted to another person and terminates on cessation of the person's membership.

11. Resignation of Membership

(1) a member of the Group is not entitled to resign that membership except in accordance with this rule.

• A member of the Group who has paid all amounts payable by the member to the Group in respect of the member's membership may resign from the Group by first giving the Secretary written notice of at least one month (or such other period as the committee may determine) of the member's intention to resign and, on expiration of the period of notice, the member ceases to be a member.
• If a member of the Group ceases to be a member under clause (2), and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the month in which the member ceased to be a member.

12. Register of Members

(1) The Public Officer of the Group must establish and maintain a register of members of the Group specifying the name and address of each person who is a member of the Group, together with the month in which the person became a member.

The Register of members must be kept at the office of the Group and must be open for inspection, free of charge, by any member of the Group provided reasonable notice is given.

13. Fees and Subscriptions

(1) A member of the Group must pay the entry fee when applying for membership

• In addition to any amount payable by the member under (1) above, a member of the Group must pay to the Group an annual subscription which, if not paid within 90 days of the due date, will render the member unfinancial and no longer a member of the Group.
• The entry fee and annual subscriptions payable by members shall be reviewed by the committee and determined at each Annual General Meeting.
• Attendance and other fees may be reviewed by the committee from time to time and implemented at the discretion of the committee.

14. Members Liabilities

The liability of a member of the Group to contribute towards the payment of the debts and liabilities of the Group or the cost, charges and expenses of the winding up of the Group is limited to the amount, if any, unpaid by the member in respect of membership of the Group as required by Rule 13.

15. Resolution of Internal Disputes

Disputes between members (in their capacity as members) of the Group, and disputes between members and the Group which cannot be resolved, are to be referred to a Community Justice Centre for mediation in accordance with the Community Justice Centres Act 1983.

16. Disciplining of Members

(1) A complaint may be made by any member of the Group that some other member of the Group has:

• persistently refused or neglected to comply with a provision or provisions of these rules or
• has persistently and wilfully acted in a manner prejudicial to the interests of the Group.
• On receiving such a complaint, the committee:
• must serve notice of the complaint on the member concerned and
• must give the member at least 14 days from the time the notice is served within which to make submissions to the committee in connection with the complaint and
• must take into consideration any submissions made by the member in connection with the complaint.
• The committee may, by resolution, expel the member from the Group or suspend the member from membership of the Group if, after considering the complaint and submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.
• If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the committee for having taken that action and of the member's right of appeal under rule 17.
• The expulsion or suspension does not take effect:
• until the expiration of the period within which the member is entitled to appeal against the resolution concerned or
• if within that period the member exercises the right of appeal, unless and until the Group confirms the resolution under Rule 17 (4), whichever is the later.

17. Right of Appeal of Disciplined Member

(1) A member may appeal to the Group in general meeting against a resolution of the committee within 14 days after a resolution of the committee under Rule 16, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.

The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purpose of the appeal.

On receipt of a notice from a member under clause (1), the secretary must notify the committee which is to convene a general meeting of the Group to be held within 28 days after the date on which the secretary received the notice.

At a general meeting of the Group convened under clause (3):

• no business other than the question of the appeal is to be transacted, and
• the committee and the member must be given the opportunity to state their respective cases orally or in writing or both: and
• the members present are to vote, by secret ballot, on the question of whether the resolution should be confirmed or revoked.
• If at the general meeting the Group passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

Part 111 - THE COMMITTEE

18. Powers of the Committee

The committee is to be called the Committee of Management of the Group and, subject to the Act, the Regulation and these Rules and to any resolution passed by the Group in general meeting:

• shall control and manage the affairs of the group:
• may exercise all such functions as may be exercised by the Group other than those functions that are required by these Rules to be exercised by a general meeting of members of the Group, and
• has power to perform all such acts and do all things as appear to the Committee to be necessary for the proper management of the affairs of the Group.

19. Constitution and Membership

The committee is to consist of:

The office-bearers of the group, and

At least three ordinary members, each of whom is to be elected at the Annual General Meeting of the Group

The office-bearers of the Group are to be:

• the President:
• the Vice-President;
• the Treasurer; and
• the Secretary.

Other members of the Committee may consist of :

• an Assistant Secretary/Treasurer:
• a Program Officer
• a Webmaster
• a Catering Officer
• a Publicity Officer
• a Newsletter Editor
• Any Committee member may hold one of these last positions in addition to any other position held.

The Committee may co-opt additional members to the committee, if necessary, to assist in the smooth running of the Group. All Committee members will normally serve until the next Annual General Meeting.

The Committee may fill any casual vacant position on the Committee for the remainder of the year ending at the next Annual General Meeting.

Members will be eligible to vote for office-bearers and committee members. Associate Members will not be eligible to vote.

The Immediate Past President will automatically be an ex-officio member of the Committee for the year following his/her retirement from office.

20. Election of Members

(1) Nominations of candidates for election as office bearers of the Group or as ordinary members of the committee:

• must be in writing, signed by 2 members of the Group and signed by the consenting candidate; and
• must be delivered to the secretary of the Group at least 7 days before the date fixed for the holding of the Annual General Meeting at which the election is to take place.
• If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and further nominations are to be received from the floor at the Annual General Meeting.
• If insufficient nominations are received, any vacant positions remaining on the committee are taken to be casual vacancies.
• If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
• If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
• The ballot for election of office-bearers and ordinary members of the committee is to be by secret ballot, with members placing one name only on the ballot paper.

21. Secretary

The Secretary of the Group must, as soon as practicable after being elected as Secretary, lodge notice with the Group of his/her address.

It is the duty of the Secretary to keep minutes of:

• all appointments of office-bearers and members of the Committee
• the names of committee members present at a committee meeting or a general meeting, and
• all proceedings at committee meetings and general meetings.

Minutes of proceedings at meetings must be signed by the chairperson of the meeting, after their confirmation, or the chairperson of the next succeeding meeting.

22. Treasurer

It is the duty of the Treasurer of the Group to ensure:

• that all money due to the Group is collected and received and that all payments authorised by the Group are made: and
• that correct books and accounts are kept showing the financial affairs of the Group, including full details of all receipts and expenditure connected with the activities of the Group.

23. Casual Vacancies

For the purpose of these rules, a casual vacancy in the office of a member of the committee occurs if the member:

• dies, or
• ceases to be a member of the Group, or
• becomes an insolvent under administration within the meaning of the Corporations Law, or
• resigns office by notice in writing given to the secretary, or
• is removed from office under Rule 24, or
• becomes a mentally incapacitated person, or
• is absent from 3 consecutive committee meetings without apology or leave of absence.

24. Removal of a Member

(1) The Group in general meeting may by resolution, remove any member of the committee from the office of member before expiration of the member's term of office and may, by resolution, appoint another person to hold office until the expiration of the term of office of the member so removed.

If a member of the committee to whom a proposed resolution referred to in clause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the Group, the secretary or the president may send a copy of the representations to each member of the Group or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.

25. Meetings and Quorum

(1) The committee must meet at least 3 times in each period of 12 months and also at any other time considered necessary by the committee for good governance of the activities of the Group.

Oral or written notice of a meeting of the committee must be given by the secretary to each member of the committee at least 24 hours (or at such other period as may be unanimously agreed upon by the members of the committee) before the time appointed for the holding of the meeting.

Notice of a meeting under clause (3) must specify the general nature of the business to be transacted at that meeting. Only additional matters which are unanimously agreed by the committee members to be of an urgent nature are to be dealt with at that meeting

Any 4 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee.

No business is to be transacted by the committee unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum be not present, the meeting is to stand adjourned to a time and place to be determined by the secretary in consultation with committee.

If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.

At a meeting of the committee:

• the president or, in the president's absence, the vice-president is to preside, or
• if the president and the vice-president are absent or unwilling to act, such one of the remaining members of the committee as may be chosen by the members present at the meeting is to preside.

26. Delegation by Committee to Sub-Committee

(1) The committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such member or members of the Group as the committee thinks fit) the exercise of such of the functions of the committee as are specified in the instrument, other than:

• this power of delegation, and
• a function which is the duty imposed on the committee by the Act or any other law.

Despite any delegation under this rule, the committee may continue to exercise any function delegated.

• Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule has the force and effect as it would have if it had been done or suffered by the committee.
• The committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.
• A sub-committee may meet and adjourn as it thinks proper.

27. Voting and Decisions

(1) Questions arising at a meeting of the committee or of any sub-committee appointed by the committee are to be determined by a majority of the votes of the members of the committee or sub-committee present at the meeting.

Each member present at a meeting of the committee or of any sub-committee appointed by the committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

Subject to rule 25(5) the committee may act despite any vacancy on the committee.

Any act or thing done or suffered, or purporting to have been done or suffered,

by the committee or by a sub-committee appointed by the committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub-committee.

Part IV - GENERAL MEETINGS

28. Annual General Meeting - holding of

The Group shall hold its Annual General Meeting in June of each year.

Note:- This was amended by a Special Resolution, adopted unanimously, at the Annual General Meeting on 26th July 2016 to now read:
The Group must hold its Annual General Meeting within two months after the close of the Group’s financial year.

29. Annual General Meeting - business at

In addition to any other business which may be transacted at an annual general meeting, the business of the annual general meeting shall include the following:

• to confirm the minutes of the last preceding Annual General Meeting and any Special General Meeting held since that meeting.
• To receive from the committee reports upon the activities of the Group during the last preceding financial year:
• To receive and adopt the balance sheets and financial statements of the Group and accompanying reports thereon:
• To elect office bearers of the Group and members of the management committee and to appoint a public officer.
• To fix the annual subscription fee for the ensuing year, to transact any other business included on the written agenda attached to the Notice of Meeting.
• To receive and consider the statement which is required to be submitted to members under section 26(6) of the Act

An Annual General Meeting shall be specified as such in the notice convening it.

30. Ordinary General meetings.

(1) An ordinary general meeting of the Group shall be held as necessary to deal with any matter which the Committee feels should be decided by the membership as a whole or whenever the committee seeks the guidance of the whole membership on any matter of policy. Such meetings may be held as determined by the committee from time to time. Notice of such meetings will be given in the Monthly Newsletter of the Group which is delivered to each member. The accidental omission of notice to a member, or failure to receive such a notice, shall not invalidate a general meeting. The business at these meetings is to be restricted to that listed on the notice calling it and such other business which is not inconsistant with Rule 6(a) i, ii, iii, iv and v, of these Rules and any relevant matter a member has an urgent need to discuss.

31. Special General Meeting - calling of

(1) The committee may, whenever it thinks fit, convene a special general meeting of the Group.

• The committee must, on the requisition in writing of at least 5 percent of the total members, convene a special general meeting of the Group.
• A requisition of members for a special general meeting ;
• must state the purpose of the meeting and
• must be signed by the members making the requisition and
• must be lodged with the secretary and
• may consist of several documents in a similar form, each signed by one or more of the members making the requisition.
• If the committee fails to convene a special general meeting to be held within one month after the date on which a requisition of members for the meeting is lodged with the secretary, any one or more or the members who made the requisition may convene a special general meeting to be held not later than three months after that date.
• A special general meeting convened by a member or members as referred to in clause (4) must be convened as nearly as practicable in the same manner as general meetings are convened by the committee and any member who subsequently incurs reasonable expenses for printing, postage or phone calls associated with the calling of such meeting, is entitled to be reimbursed by the Group for any such expense so incurred.

32. Notice

(1) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Group, the secretary must see that each member receives 14 days notice of that meeting, specifying the place, date and time thereof and the nature of the business to be transacted there.

If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Group, the secretary must see that each member receives 21 days notice of the holding of that meeting specifying, in addition to the matter required under clause (1), the intention to propose the resolution as a special resolution.

No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to Rule 29.

A member desiring to bring business before a general meeting may give notice in writing of that business to the secretary, who must include that business in the next notice calling a general meeting given after receipt of the notice from the member.

33. Procedure

(1) No item of business is to be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time the meeting is considering that item.

Five members present in person (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.

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 on the requisition of members, is to be dissolved, and
• in any other case, is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.

If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than 3) is to constitute a quorum.

34. Presiding member

(1) The President or, in his absence, the Vice-President, is to preside as chairperson at any general meeting of the Group.

If the president and the vice-president are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.

35. Adjournment

(1) The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting,adjourn the meeting from time to time and from place to place, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member of the Group stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

Except as provided in clauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.

36. Making of decisions

(1) A question arising at a general meeting of the Group is to be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, an entry to that effect in the minute book of the Group, is evidence of the fact without proof of the number or proportion of votes recorded in favour of or against that resolution.

(2) At a general meeting of the Group, a poll may be demanded by the chairperson or by not less than 3 members present in person or by proxy at the meeting.

If a poll is demanded at a general meeting, the poll must be taken;

• immediately in the case of a poll which relates to the election of the
• chairperson of the meeting or to the question of an adjournment, or
• in any other case, in such manner and at such time before the close of the meeting as the chairperson directs, and the resolution of the poll on the
• matter is taken to be the resolution of the meeting on that matter.

37. Special resolution

A resolution of the Group is a special resolution;

if it is passed by a majority which comprises not less than three-quarters of such members of the Group as, being entitled under these rules so to do, vote in person or by proxy at a general meeting of which not less than 21 days' written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules, or

where it is made to appear to the Director-General of the Department of Fair Trading that it is not practicable for the resolution to be passed in the manner specified in paragraph (a), if the resolution is passed in a manner specified by the Director-General.

38. Voting

(1) On any question arising at a general meeting of the Group a member has one vote only.

(2) All votes must be given personally or by proxy but no member may hold more than 5 proxies.

• In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
• A member or proxy is not entitled to vote at any general meeting of the Group unless all money due and payable by the member or proxy to the Group has been paid.

39. Appointment of proxies

(1) Each member is entitled to appoint another member as proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.

(2) The notice appointing the proxy is to be in the form set out in Appendix 2 of the Model Rules.

Part V - MISCELLANEOUS

40. Insurance

(1) The Group must effect and maintain insurance under Section 44 of the Act.

(2) In addition to the insurance required under clause (1), the Group may effect and maintain other insurance.

41. Funds - source

(1) The funds of the Group are to be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the Group in general meeting, such other sources as the committee determines.

(2) All money received by the Group must be deposited as soon as practicable and without deduction to the credit of the Group's bank account.

The Group must, as soon as practicable after receiving any money, issue an appropriate receipt.

42. Funds - management

(1) Subject to any resolution passed by the Group in general meeting, the funds of the Group are to be used in pursuance of the objects of the Group in such manner as the committee determines.

(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any 2 members of the committee or employees of the Group, being members or employees authorised to do so by the committee.

43. Alteration of objects and rules

The statement of objects and these rules may be altered, rescinded, or added to only by a special resolution of the Group.

44. Common seal

(1) The common seal of the Group must be kept in the custody of the public officer.

(2) The common seal must not be affixed to any instrument except by the authority of the committee and the affixing of the common seal must be attested by the signatures either of 2 members of the committee or of 1 member of the committee and of the public officer or secretary.

45. Custody of books

Except as otherwise provided by these rules, the public officer must keep in his or her custody or under his or her control all records, books and other documents relating to the Group.

46. Inspection of books

The records, books and other documents of the Group must be open to inspection, free of charge, by a member of the Group at any reasonable hour.

47. Service of notices

(1) For the purpose of these rules, a notice may be served on or given to a person:

• by delivering to a person personally, or
• by sending it by pre-paid post to the address of the person, or
• by sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.

For the purpose of these rules, a notice is taken, unless the contrary is proved, to have been given or served:

• in the case of a notice given or served personally, on the date on which it is received by the addressee, and
• in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and
• in the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent, or if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.

48. Financial Year

The financial year of the Group shall commence on the first day of June in each year and terminate on the 31st day of May in the following year.

Note:- This was amended by Special Resolution on 16th September 2008 to now read:
The financial year of the Group shall be from 1 June 2008 to 30 June 2009, in the first instance and thereafter to run from 1 July each year to 30 June in the following years.

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Note:- These Rules were submitted for adoption to a Special General Meeting of the Group, held on Monday, 8th October, 2001, and were adopted unanimously.

Ron Neeves. Secretary