Rules Of Association

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CCHS Rules of Association

Connected Community Hackerspace

Rules of Association

CONSUMER AFFAIRS VICTORIA

ASSOCIATIONS

INCORPORATION

ACT
(1981)

_____________________________________________________________________

Schedule 4

RULES
OF THE ASSOCIATION

For
the

CONNECTED
COMMUNITY HACKERSPACE

SCHEDULE
4

REGULATION
18

Rules
for THE Incorporated Association “CONNECTED COMMUNITY HACKERSPACE”

1 Name

The name of the incorporated association is Connected Community
Hackerspace (in these Rules called "the Association").

2 Definitions

(1) In these Rules, unless the contrary intention appears—

committee means the committee of management of the
Association;

financial year means the year ending on 30 June;

general meeting means a general meeting of members
convened in accordance with rule 12;

member means a member of the Association;

ordinary member of the committee means a member of the
committee who is not an officer of the Association under rule 21;

Regulations means regulations under the Act;

relevant documents has the same meaning as in the Act;

the Act means the Associations Incorporation
Act 1981.

(2) In these Rules, a reference to the Secretary of an Association
is a reference—

(a) if a person holds office under these Rules as Secretary of the
Association—to that person; and

(b) in any other case, to the public officer of the Association.

3 Alteration of the rules

(1) These Rules and the statement of purposes of the Association
must not be altered except in accordance with the Act.

(2) The committee may make by-laws, for example, regarding safety,
or operating procedures.

(3) No by-law shall render ineffective, alter in meaning or remove
the need to comply with any of these Rules.

4 Membership
and membership fees

(1) A person who applies and is approved for membership as provided
in these Rules is eligible to be a member of the Association on
payment of the entrance fee and annual subscription payable under
these Rules.

(2) A person who is not a member of the Association at the time of
the incorporation of the Association (or who was a member at that
time but has ceased to be a member) must not be admitted to
membership unless—

(a) he or she applies for membership in accordance with subrule (3);
and

(b) the admission as a member is approved by the committee.

(3) An application of a person for membership of the Association
must—

(a) be made in writing in the form set out in Appendix 1; and

(b) be lodged with the Secretary of the Association.

(4) As soon as practicable after the receipt of an application,
the Secretary must refer the application to the committee.

(5) The committee must determine whether to approve or reject the
application.

(6) If the committee approves an application for membership, the
Secretary must, as soon as practicable—

(a) notify the applicant in writing of the approval for membership;
and

(b) request payment within 28 days after receipt of the notification
of the sum payable under these Rules as the first year’s annual
membership fee.

(7) The Secretary must, within 28 days after receipt of the amounts
referred to in subrule (6), enter the applicant’s name in the
register of members.

(8) An applicant for membership becomes a member and is
entitled to exercise the rights of membership when his or her name is
entered in the register of members.

(9) If the committee rejects an application, the committee must, as
soon as practicable, notify the applicant in writing that the
application has been rejected.

(10) with the exception of subrule (13), a right, privilege, or
obligation of a person by reason of membership of the Association—

(a) is not capable of being transferred or transmitted to another
person; and

(b) terminates upon the cessation of membership whether by death or
resignation or otherwise.

(11) There is no entrance fee.

(12) The annual membership fee is the relevant amount set out in
Appendix 4 and is payable in advance according to rule 6(b) above,
and at yearly intervals thereafter.

(13) If a member ceases to be a member, or is not able to
meaningfully take part in member activities (such as by reason of
death, moving interstate or overseas, or a significant period of
inactivity), the committee may request that any documents, tools and
materials belonging to the Association be returned within 14 days.

5 Register of members

(1) The Secretary must keep and maintain a register of members
containing—

(a) the name and address of each member; and

(b) the date on which each member’s name was entered in the
register.

(2) The register is available for inspection free of charge by any
member upon request.

(3) A member may make a copy of entries in the register.

6 Ceasing membership

(1) A member of the Association who has paid all moneys due and
payable by a member to the Association may resign from the
Association by giving one month’s notice in writing to the Secretary
of his or her intention to resign.

(2) After the expiry of the period referred to in subrule (1)—

(a) the member ceases to be a member; and

(b) the Secretary must record in the register of members the date on
which the member ceased to be a member.

7 Discipline, suspension and expulsion of members

(1) Subject to the Rules and by-laws of the Association, if the
committee is of the opinion that a member has refused or neglected to
comply with the Rules and/or by-laws, or has been guilty of conduct
unbecoming a member or prejudicial to the interests of the
Association, the committee may by resolution—

(a) suspend that member from membership of the Association for a
specified period; or

(b) expel that member from the Association; or

(2) A resolution of the committee under subrule (1) does not take
effect unless—

(a) at a meeting held in accordance with subrule (3), the
committee confirms the resolution; and

(b) if the member exercises a right of appeal to the Association
under this rule, the Association confirms the resolution in
accordance with this rule.

(3) A meeting of the committee to confirm or revoke a resolution
passed under subrule (1) must be held not earlier than 14 days,
and not later than 28 days, after notice has been given to the
member in accordance with subrule (4).

(4) For the purposes of giving notice in accordance with subrule
(3), the Secretary must, as soon as practicable, cause to be given to
the member a written notice—

(a) setting out the resolution of the committee and the grounds on
which it is based; and

(b) stating that the member, or his or her representative, may
address the committee at a meeting to be held not earlier than 14
days and not later than 28 days after the notice has been given to
that member; and

(d) informing the member that he or she may do one or both of the
following—

(i) attend that meeting;

(ii) give to the committee before the date of that meeting a
written statement seeking the revocation of the resolution; and

(e) informing the member that, if at that meeting, the committee
confirms the resolution, he or she may, not later than 48 hours
after that meeting, give the Secretary a notice to the effect that he
or she wishes to appeal to the Association in general meeting
against the resolution.

(5) At a meeting of the committee to confirm or revoke a resolution
passed under subrule (1), the committee must—

(a) give the member, or his or her representative, an opportunity to
be heard; and

(b) give due consideration to any written statement submitted by the
member; and

(6) If at the meeting of the committee, the committee confirms the
resolution, the member may, not later than 48 hours after that
meeting, give the Secretary a notice to the effect that he or she
wishes to appeal to the Association in general meeting against the
resolution.

(7) If the Secretary receives a notice under subrule (6), he or
she must notify the committee and the committee must convene a
general meeting of the Association to be held within 21 days
after the date on which the Secretary received the notice.

(8) At a general meeting of the Association convened under subrule
(7)—

(a) no business other than the question of the appeal may be
conducted; and

(b) the committee may place before the meeting details of the
grounds for the resolution and the reasons for the passing of the
resolution; and

(d) the members present must vote by secret ballot on the question
whether the resolution should be confirmed or revoked.

(9) A resolution is confirmed if, at the general meeting, not less
than two-thirds of the members vote in person, or by proxy, in favour
of the resolution. In any other case, the resolution is revoked.

8 Disputes and mediation

(1) 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.

(2) 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 of the parties.

(3) 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.

(4) 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).

(5) A member of the Association can be a mediator.

(6) The mediator cannot be a member who is a party to the dispute.

(7) The parties to the dispute must, in good faith, attempt to
settle the dispute by mediation.

(8) 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

(9) The mediator must not determine the dispute.

(10) 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 or otherwise at law.

9 Annual general meetings

(1) The committee may determine the date, time and place of the
annual general meeting of the Association.

(2) The notice convening the annual general meeting must specify
that the meeting is an annual general meeting.

(3) The ordinary business of the annual general meeting shall be—

(a) to confirm the minutes of the previous annual general meeting
and of any general meeting held since that meeting; and

(b) to receive from the committee reports upon the transactions of
the Association during the last preceding financial year; and

(d) to receive and consider the statement submitted by the
Association in accordance with section 30(3) of the Act.

(4) The annual general meeting may conduct any special business of
which notice has been given in accordance with these Rules.

10 Special general meetings

(1) In addition to the annual general meeting, any other general
meetings may be held in the same year.

(2) All general meetings other than the annual general meeting are
special general meetings.

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

(4) If, but for this subrule, more than 15 months would elapse
between annual general meetings, the committee must convene a special
general meeting before the expiration of that period.

(5) The committee must, on the request in writing of members
representing not less than 5 per cent of the total number of members,
convene a special general meeting of the Association.

(6) The request for a special general meeting must—

(a) state the objects of the meeting; and

(b) be signed by the members requesting the meeting; and

(7) If the committee does not cause a special general meeting to be
held within one month after the date on which the request is sent to
the address of the Secretary, the members making the request, or any
of them, may convene a special general meeting to be held not later
than 3 months after that date.

(8) If a special general meeting is convened by members in
accordance with this rule, it must be convened in the same manner so
far as possible as a meeting convened by the committee and all
reasonable expenses incurred in convening the special general meeting
must be refunded by the Association to the persons incurring the
expenses.

11 Special business

All business that is
conducted at a special general meeting and all business that is
conducted at the annual general meeting, except for business
conducted under the rules as ordinary business of the annual general
meeting, is deemed to be special business.

12 Notice of general meetings

(1) The Secretary of the Association, at least 14 days, or if a
special resolution has been proposed at least 21 days, before the
date fixed for holding a general meeting of the Association, must
cause to be sent to each member of the Association, a notice stating
the place, date and time of the meeting and the nature of the
business to be conducted at the meeting.

(2) Notice may be sent—

(a) by prepaid post to the address appearing in the register of
members; or

(b) if the member requests, by facsimile transmission or electronic
transmission.

(3) No business other than that set out in the notice convening the
meeting may be conducted at the meeting.

(4) A member intending to bring any business before a meeting may
notify in writing, or by electronic transmission, the Secretary of
that business, who must include that business in the notice calling
the next general meeting.

13 Quorum at general meetings

(1) No item of business may be conducted at a general meeting unless
a quorum of members entitled under these Rules to vote is present at
the time when the meeting is considering that item.

(2) Five members personally present (being members entitled under
these Rules to vote at a general meeting) constitute a quorum for the
conduct of the business of a general meeting.

(3) If, within half an hour after the appointed time for the
commencement of a general meeting, a quorum is not present—

(i) in the case of a meeting convened upon the request of
members—the meeting must be dissolved; and

(ii) in any other case—the meeting shall stand adjourned to the
same day in the next week at the same time and (unless another place
is specified by the Chairperson at the time of the adjournment or by
written notice to members given before the day to which the meeting
is adjourned) at the same place.

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

14 Presiding at general meetings

(1) The President, or in the President’s absence, the
Vice-President, shall preside as Chairperson at each general meeting
of the Association.

(2) If the President and the Vice-President are absent from a
general meeting, or are unable to preside, the members present must
select one of their number to preside as Chairperson.

15 Adjournment of meetings

(1) The person presiding may, with the consent of a majority of
members present at the meeting, adjourn the meeting from time to time
and place to place.

(2) No business may be conducted at an adjourned meeting other than
the unfinished business from the meeting that was adjourned.

(3) If a meeting is adjourned for 14 days or more, notice of the
adjourned meeting must be given in accordance with rule 12.

(4) Except as provided in subrule (3), it is not necessary to give
notice of an adjournment or of the business to be conducted at an
adjourned meeting.

16 Voting at general meetings

(1) Upon any question arising at a general meeting of the
Association, a member has one vote only.

(2) All votes must be given personally or by proxy.

(3) In the case of an equality of voting on a question, the
Chairperson of the meeting is entitled to exercise a second or
casting vote.

(4) A member is not entitled to vote at a general meeting unless all
moneys due and payable by the member to the Association have been
paid, other than the amount of the annual subscription payable in
respect of the current financial year.

17 Poll at general meetings

(1) If at a meeting a poll on any question is demanded by not less
than 3 members, it must be taken at that meeting in such manner as
the Chairperson may direct and the resolution of the poll shall be
deemed to be a resolution of the meeting on that question.

(2) A poll that is demanded on the election of a Chairperson or on a
question of an adjournment must be taken immediately and a poll that
is demanded on any other question must be taken at such time before
the close of the meeting as the Chairperson may direct.

18 Manner of determining whether resolution carried

If a question arising at a general meeting of the Association is
determined on a show of hands—

(a) a declaration by the Chairperson that a resolution has been—

(i) carried; or

(ii) carried unanimously; or

(iii) carried by a particular majority; or

(iv) lost; and

(b) an entry to that effect in the minute book of the
Association—

is evidence of the fact, without proof of the number or proportion of
the votes recorded in favour of, or against, that resolution.

19 Proxies

(1) Each member is entitled to appoint another member as a 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 must be—

(a) for a meeting of the Association convened under rule 7(7),
in the form set out in Appendix 2; or

(b) in any other case, in the form set out in Appendix 3.

(3) An electronically transferred proxy form which does not convey
the same information as would be present on a printed and completed
copy of the forms in Appendices 2 and 3, as applicable, will not be
considered as valid.

(4) The proxy must allow the returning officer to inspect proxy
forms.

(5) The returning officer will deem whether a proxy form is valid or
invalid.

20 Committee of management

(1) The affairs of the Association shall be managed by the committee
of management.

(2) The committee—

(a) shall control and manage the business and affairs of the
Association; and

(b) may, subject to these Rules, the Act and the Regulations,
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 Act and the Regulations, has power
to perform all such acts and things as appear to the committee to be
essential for the proper management of the business and affairs of
the Association.

(3) Subject to section 23 of the Act, the committee shall consist
of—

(a) the officers of the Association; and

(b) two ordinary members—

each of whom shall be elected at the annual general meeting of the
Association in each year.

21 Office holders

(1) The officers of the Association shall be—

(a) a President;

(b) a Vice-President;

(d) a Secretary.

(2) 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 referred to in subrule (1).

(3) Each officer of the Association shall hold office until the
annual general meeting next after the date of his or her election but
is eligible for re election.

(4) In the event of a casual vacancy in any office referred to in
subrule (1), the committee may appoint one of its members to the
vacant office and the member appointed may continue in office up to
and including the conclusion of the annual general meeting next
following the date of the appointment.

22 Ordinary members of the committee

(1) Subject to these Rules, each ordinary member of the committee
shall hold office until the annual general meeting next after the
date of election but is eligible for re-election.

(2) In the event of a casual vacancy occurring in the office of an
ordinary member of the committee, the committee may appoint a member
of the Association to fill the vacancy and the member appointed shall
hold office, subject to these Rules, until the conclusion of the
annual general meeting next following the date of the appointment.

23 Election of officers and ordinary committee members

(1) Nominations of candidates for election as officers of the
Association or as ordinary members of the committee must be—

(a) 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); and

(b) delivered to the Secretary of the Association not less than 7
days before the date fixed for the holding of the annual general
meeting.

(2) A candidate may only be nominated for one office, or as an
ordinary member of the committee, prior to the annual general
meeting.

(3) If insufficient nominations are received to fill all vacancies
on the committee, the candidates nominated shall be deemed to be
elected and further nominations may be received at the annual general
meeting.

(4) If the number of nominations received is equal to the number of
vacancies to be filled, the persons nominated shall be deemed to be
elected.

(5) If the number of nominations exceeds the number of vacancies to
be filled, a ballot must be held.

(6) The ballot for the election of officers and ordinary members of
the committee must be conducted at the annual general meeting in such
manner as the committee may direct.

24 Vacancies

The office of an officer of the Association, or of an ordinary member
of the committee, becomes vacant if the officer or member—

(a) ceases to be a member of the Association; or

(b) becomes an insolvent under administration within the meaning of
the Corporations Act; or

25 Meetings of the committee

(1) The committee must meet at least 3 times in each year at
such place and such times as the committee may determine.

(2) Special meetings of the committee may be convened by the
President or by any 4 members of the committee.

26 Notice of committee meetings

(1) Written notice of each committee meeting must be given to each
member of the committee at least 2 business days before the date
of the meeting.

(2) Written notice must be given to members of the committee of any
special meeting specifying the general nature of the business to be
conducted and no other business may be conducted at such a meeting.

27 Quorum for committee meetings

(1) Any 4 members of the committee constitute a quorum for the
conduct of the business of a meeting of the committee.

(2) No business may be conducted unless a quorum is present.

(3) If within half an hour of the time appointed for the meeting a
quorum is not present—

(i) in the case of a special meeting—the meeting lapses;

(ii) in any other case—the meeting shall stand adjourned to the
same place and the same time and day in the following week.

(4) The committee may act notwithstanding any vacancy on the
committee.

28 Presiding at committee meetings

At meetings of the committee—

(a) the President or, in the President’s absence, the Vice-President
presides; or

(b) if the President and the Vice-President are absent, or are
unable to preside, the members present must choose one of their
number to preside.

29 Voting at committee meetings

(1) Questions arising at a meeting of the committee, or at a meeting
of any subcommittee appointed by the committee, shall be determined
on a show of hands or, if a member requests, by a poll taken in such
manner as the person presiding at that meeting may determine.

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

30 Removal of
committee member

(1) The Association in general meeting may, by resolution, remove
any member of the committee before the expiration of the member’s
term of office and appoint another member in his or her place to hold
office until the expiration of the term of the first-mentioned
member.

(2) A member who is the subject of a proposed resolution referred to
in subrule (1) may make representations in writing to the Secretary
or President of the Association (not exceeding a reasonable
length) and may request that the representations be provided to the
members of the Association.

(3) The Secretary or the President may give a copy of the
representations to each member of the Association or, if they are not
so given, the member may require that they be read out at the
meeting.

31 Minutes of meetings

The Secretary of the Association must keep minutes of the resolutions
and proceedings of each general meeting, and each committee
meeting, together with a record of the names of persons present
at committee meetings.

32 Funds

(1) The Treasurer of the Association must—

(a) collect and receive all moneys due to the Association and make
all payments authorised by the Association; and

(b) keep correct accounts and books showing the financial affairs of
the Association with full details of all receipts and
expenditure connected with the activities of the Association.

(2) All cheques, drafts, bills of exchange, promissory notes
and other negotiable instruments must be signed by two members
of the committee.

(3) The funds of the Association shall be derived from annual
membership fees, facilities fees, the proceeds of trade, donations
and such other sources as the committee determines.

33 Seal

(1) The common seal of the Association must be kept in the custody
of the Secretary.

(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 two members of the
committee or, of one member of the committee and of the public
officer of the Association.

34 Notice to members

Except for the requirement in rule 12, any notice that is required to
be given to a member, by or on behalf of the Association, under these
Rules may be given by—

(a) delivering the notice to the member personally; or

(b) sending it by prepaid post addressed to the member at that
member’s address shown in the register of members; or

(d) electronic transmission, if the member has requested that the
notice be given to him or her in this manner.

35 Winding up

(1) In the event of
the winding up, dissolution or cancellation of the incorporation of
the Association:

(a) The assets of the Association must be disposed of in accordance
with the provisions of the Act;

(b) All equipment and documents which members and non-members have
loaned to the Association must be returned;

(d) Any remaining assets and/or proceeds from the sale of assets
will at the discretion of the committee, be transferred to another
non-profit organisation with similar purposes, or a registered
charity; and

(e) If the committee is unable to determine a suitable recipient
organisation, the assets and/or proceeds of sale of assets will be
donated to the Australian Red Cross.

36 Custody and inspection of books and records

(1) Except as otherwise provided in these Rules, the Secretary must
keep in his or her custody or under his or her control all books,
documents and securities of the Association.

(2) All accounts, books, securities and any other relevant documents
of the Association must be available for inspection free of charge by
any member upon request.

(3) A member may make a copy of any accounts, books, securities and
any other relevant documents of the Association.

37 Trading

The Association may engage in commercial activities, including the
trade of goods and services. Commercial activities will be conducted
in accordance with the provisions of the Act, particularly section
51, subsection (4).

38 Non-profit association

The assets and income of the organisation shall be applied solely
in the furtherance of its above-mentioned objects and no portion
shall be distributed directly or indirectly to the members of the
organisation except as bona fide compensation for services rendered
or expenses incurred on behalf of the organisation.

__________________

APPENDIX 1

Application
for Membership of Connected Community Hackerspace

I,
of
desire to become a

(name and
occupation) (address)

member
of

Connected
Community Hackerspace.

In
the event of my admission as a member, I agree to be bound by the
rules of the Association for the time being in force.

Signature
of Applicant

Date

I,
,
a member of the Association,

(name)

nominate
the applicant, who is personally known to me, for membership of the
Association.

Signature
of Proposer

Date

I,
, a member of
the Association, second

(name)

the
nomination of the applicant, who is personally known to me, for
membership of the Association.

Signature
of Seconder

Date

__________________

APPENDIX 2

Form
of Appointment of Proxy for Meeting of Association Convened under
Rule 7(7)

(name)

(address)

being
a member of

(name of
Incorporated Association)

appoint

(name of
proxy holder)

(address
of proxy holder)

being
a member of that Incorporated Association, as my proxy to vote on my
behalf at the appeal to the general meeting of the Association
convened under rule 7(7), to be held on—

(date
of meeting)

and
at any adjournment of that meeting.

I
authorise my proxy to vote on my behalf at their discretion in
respect of the following resolution: [insert
details of resolution passed under rule 7(1)]

Signed

Date

__________________

APPENDIX 3

Form
of Appointment of Proxy

(name)

(address)

being
a member of

(name of
Incorporated Association)

appoint

(name of
proxy holder)

(address
of proxy holder)

being
a member of that Incorporated Association, as my proxy to vote on my
behalf at the *annual/*special general meeting of the Association to
be held on—

(date of
meeting)

and
at any adjournment of that meeting.

My
proxy is authorised to vote *in favour of/*against the following
resolution: [insert details of resolution]

Signed

Date

*Delete
if not applicable

__________________

APPENDIX 4

Schedule
of Fees

Fee	Amount
Annual membership fee	$50

═══════════════

(This document forms part of our rules of association. Please do not change it)

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