CONSTITUTION

 

 

 

 

 

 

Revised 7th November 2006
Model Rules for Foster Parent’s Support Network incorporated under the

Association Incorporation Act, 1984

 

Part 1   Preliminary............................................................................................ 3

1    Objective of this Organisation.................................................................. 3

2    Definitions........................................................................................................... 3

Part 2   Membership............................................................................................. 3

3    Membership qualifications.......................................................................... 3

4    Nomination for membership........................................................................ 4

5    Cessation of membership............................................................................... 4

6    Membership entitlements not transferable....................................... 5

7    Resignation of membership.......................................................................... 5

8    Register of members........................................................................................ 5

9    Fees and subscriptions................................................................................... 6

10    Members’ liabilities....................................................................................... 6

11    Resolution of internal disputes............................................................. 6

12    Disciplining of members............................................................................... 6

13    Right of appeal of disciplined member................................................. 7

Part 3   The Board................................................................................................ 8

14    Powers of the Board..................................................................................... 8

15    Constitution and membership.................................................................. 8

16    Election of members..................................................................................... 9

17    Secretary......................................................................................................... 10

18    Treasurer......................................................................................................... 10

19    Casual vacancies......................................................................................... 10

20    Removal of member..................................................................................... 11

21    Meetings and quorum................................................................................. 11

22    Delegation by Board to sub-Board..................................................... 12

23    Voting and decisions.................................................................................. 12

Part 4   General meeting................................................................................ 13

24    Annual general meetings – holding of.............................................. 13

25    Annual general meetings – calling of and business at............. 13

26    Special general meetings – calling of............................................... 14

27    Notice................................................................................................................. 14

28    Procedure........................................................................................................ 15

29    Presiding member.......................................................................................... 15

30    Adjournment.................................................................................................. 15

31    Making of decisions..................................................................................... 16

32    Special resolution....................................................................................... 16

33    Voting................................................................................................................ 16

34    Appointment of proxies............................................................................. 17

Part 5   Miscellaneous.................................................................................... 17

35    Insurance......................................................................................................... 17

36    Funds – source............................................................................................... 17

37    Funds – management................................................................................... 17

38    Alteration of objects and rules.......................................................... 18

39    Common seal................................................................................................... 18

40    Inspection of books..................................................................................... 18

41    Service of notices........................................................................................ 18

 


Part 1   Preliminary

 

 

1                                       Objective of this Organisation

The objective of the Foster Parent’s Support Network is to:

(1)          Provide support to all Foster Parents, both active and retired within the State of new South Wales;

(2)          Establish a telephone contact support line;

(3)          Provide Foster Parents with appropriate information to enable them to be better Carers.

2                                       Definitions

(1)          In these rules:

Director-General means the Director-General of the Department of Fair Trading.

Ordinary member means a member of the Board who is not an office-bearer of the Foster Parent’s Support Network, as referred to in rule 14(2).

Secretary means:

(a)               the person holding office under these rules as Secretary of the Foster Parent’s Support Network, or

(b)               If no such person holds that office – the public officer of the Foster Parent’s Support Network.

Special general meeting means a general meeting of the Foster Parent’s Support Network other than an annual general meeting.

The Act means the Foster Parent’s Support Networks Incorporation Act 1984.

The regulation means the Foster Parent’s Support Networks Incorporation Regulation 1999.

(2)          In these rules:

(a)               A reference to a function includes a reference to a power, authority and duty, and

(b)               A reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.

(3)          The provisions of the Interpretation Act 1987 apply to and in respect of these rules in the same manner as those provisions would so apply if these rules were an instrument made under the Act.

 

Part 2   Membership

 

3                                       Membership qualifications

A person is qualified to be a member of the Foster Parent’s Support Network if, but only if:

(a)               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 Foster Parent’s Support Network at any time after incorporation of the Foster Parent’s Support Network under the Act,

or

(b)               The person is a natural person:

(i)                  Who has been nominated for membership of the Foster Parent’s Support Network as provided by rule 3, and

(ii)                Who has been approved for membership of the Foster Parent’s Support Network by the Board of the Foster Parent’s Support Network.

 

4                                       Nomination for membership

(1)          A nomination of a person for membership of the Foster Parent’s Support Network:

(a)               Must be made by a member of the Foster Parent’s Support Network in writing in the form set out in Appendix 1 to these rules, and

(b)               Must be lodged with the Secretary of the Foster Parent’s Support Network.

(2)          As soon as practicable after receiving a nomination for membership, the Secretary must refer the nomination to the Board which is to determine whether to approve or to reject the nomination.

(3)          As soon as practicable after the Board makes that determination, the Secretary must:

(a)               Notify the nominee, in writing, that the Board approved or rejected the nomination (whichever is applicable), and

(b)               If the Board approved the nomination, request the nominee to pay (within the period of 28 days after receipt by the nominee of the notification) the sum payable under these rules by a member as entrance fee and annual subscription.

(4)          the Secretary must, on payment by the nominee of the amounts referred to in clause (3) (b) within the period referred to in that provision, enter the nominee’s name in the register of members and, on the name being so entered, the nominee becomes a member of the Foster Parent’s Support Network.

 

5                                       Cessation of membership

A person ceases to be a member of the Foster Parent’s Support Network if the person: -

(a)           Dies, or

(b)          Resigns membership, or

(c)           Is expelled from the Foster Parent’s Support Network.

 

6                                       Membership entitlements not transferable

A right, privilege or obligation which a person has by reason of being a member of the Foster Parent’s Support Network:

(a)           Is not capable of being transferred or transmitted to another person, and

(b)          Terminates on cessation of the person’s membership.

 

7                                       Resignation of membership

(1)          A member of the Foster Parent’s Support Network is not entitled to resign that membership except in accordance with this rule.

(2)          A member of the Foster Parent’s Support Network who has paid all amounts payable by the member to the Foster Parent’s Support Network in respect of the member’s membership may resign from membership of the Foster Parent’s Support Network by first giving to the Secretary written notice of at least one month (or such other period as the Board may determine) of the member’s intention to resign and, on the expiration of the period of notice, the member ceases to be a member.

(3)          If a member of the Foster Parent’s Support Network 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 date on which the member ceased to be a member.

 

8                                       Register of members

(1)          The Public Officer of the Foster Parent’s Support Network must establish and maintain a register of members of the Foster Parent’s Support Network specifying the name and address of each person who is a member of the Foster Parent’s Support Network together with the date on which the person became a member.                                                                          

(2)                                  The register of members must be kept at the principal place of administration of the Foster Parent’s Support Network and must be open for inspection, free of charge, by any member of the Foster Parent’s Support Network at any reasonable hour subject to the current Privacy Act or have written permission to view other persons’ details.

9                                       Fees and subscriptions

(1)          A member of the Foster Parent’s Support Network must, on admission to membership, pay to the Foster Parent’s Support Network a fee of $1 or, if some other amount is determined by the Board, that other amount.

(2)          In addition to any amount payable by the member under clause (1), a member of the Foster Parent’s Support Network must pay to the Foster Parent’s Support Network an annual membership fee of $2 or, if some other amount is determined by the Board, that other amount:

(a)           except as provided by paragraph (b), before 1 July in each calendar year, or

(b)          if the member becomes a member on or after 1 July in any calendar year – on becoming a member and before 1 July in each succeeding calendar year.

 

10                                   Members’ liabilities

(1)     The liability of a member of the Foster Parent’s Support Network to contribute towards the payment of the debts and liabilities of the Foster Parent’s Support Network or the costs, charges and expenses of the winding up of the Foster Parent’s Support Network is limited to the amount, if any, unpaid by the member in respect of membership of the Foster Parent’s Support Network as required by rule 8.

(2)     In the event of the Foster Parent’s Support Network being dissolved the amount of money and or assets which remains after such dissolution and the satisfaction of all debts and liabilities shall be paid and applied by this organisation in accordance with its powers to any other organisation which has similar objects and which has rules prohibiting the distribution of its assets and income to its members.

 

11                                   Resolution of internal disputes

(1)          Disputes between members (in their capacity as members) of the Foster Parent’s Support Network, and disputes between members and the Foster Parent’s Support Network, are to be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983.

(2)          At least 7 days before a mediation session is to commence, the parties are to exchange statements of the issues that are in dispute between them and supply copies to the mediator.

 

12                                   Disciplining of members

(1)          A complaint may be made to the Board by any person that a member of the Foster Parent’s Support Network:

(a)           Has persistently refused or neglected to comply with a provision or provisions of these rules, or

(b)          Has persistently and wilfully acted in a manner prejudicial to the interests of the Foster Parent’s Support Network.

(2)     On receiving such a complaint, the Board:

(a)           Must cause notice of the complaint to be served on the member concerned; and

(b)          Must give the member at least 14 days from the time the notice is served within which to make submissions to the Board in connection with the complaint, and

(c)           Must take into consideration any submissions made by the member in connection with the complaint.

(3)          The Board may, by resolution, expel the member from the Foster Parent’s Support Network or suspend the member from membership of the Foster Parent’s Support Network if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.

(4)          If the Board 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 Board for having taken that action and of the member's right of appeal under rule 12.

(5)          The expulsion or suspension does not take effect:

(a)           Until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or

(b)          If within that period the member exercises the right of appeal, unless and until the Foster Parent’s Support Network confirms the resolution under rule 12(5),

whichever is the later.

 

13                                   Right of appeal of disciplined member

(1)          A member may appeal to the Foster Parent’s Support Network in general meeting against a resolution of the Board under rule 11, within 7 days after notice of the resolution is served on the member, by lodging with the Secretary a notice to that effect.

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

(3)          On receipt of a notice from a member under clause (1), the Secretary must notify the Board which is to convene a general meeting of the Foster Parent’s Support Network to be held within 28 days after the date on which the Secretary received the notice.

(4)          At a general meeting of the Foster Parent’s Support Network convened under clause (3):

(a)           No business other than the question of the appeal is to be transacted, and

(b)          The Board and the member must be given the opportunity to state their respective cases orally or in writing, or both, and

(c)           The members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.

(5)          If at the general meeting the Foster Parent’s Support Network passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

 

Part 3   The Board

 

14                                   Powers of the Board

The Board is to be called the Board of management of the Foster Parent’s Support Network and, subject to the Act, the Regulation and these rules and to any resolution passed by the Foster Parent’s Support Network in general meeting:

(a)           Is to control and manage the affairs of the Foster Parent’s Support Network, and

(b)          May exercise all such functions as may be exercised by the Foster Parent’s Support Network, other than those functions that are required by these rules to be exercised by a general meeting of members of the Foster Parent’s Support Network, and

(c)           Has power to perform all such acts and do all such things as appear to the Board to be necessary or desirable for the proper management of the affairs of the Foster Parent’s Support Network.

 

15                                   Constitution and membership

(1)          Subject in the case of the first members of the Board to section 21 of the Act, the Board is to consist of:

(a)           The office-bearers of the Foster Parent’s Support Network, and

(b)          Two (2) ordinary members,

Each of whom is to be elected at the annual general meeting of the Foster Parent’s Support Network under rule 15.

(2)          The office-bearers of the Foster Parent’s Support Network are to be:

(a)           President

(b)          Vice-president

(c)           Treasurer

(d)          Secretary

(3)          Each member of the Board is, subject to these rules, to hold office until the conclusion of the annual general meeting following the date of the member’s election, but is eligible for re-election.

(4)          In the event of a casual vacancy occurring in the membership of the Board, the Board may appoint a member of the Foster Parent’s Support Network to fill the vacancy and the member so appointed is to hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment.

 

16                                   Election of members

(1)        To be eligible for nomination, candidates:

(a)           Must be a current Foster Carer and a financial member of the Foster Parents Support Network

(2)        Nominations of four (4) persons for election as Executive Board Members and two (2) persons as Non-executive Board Members of the Foster Parents Support Network. Must be made in writing, signed by two (2) members of the Foster Parents Support Network and accompanied by the written consent of the candidate (which may be endorsed on the nomination form), and

(a)           Must be delivered to the Secretary of the Foster Parents Support Network at least 14 days before the date fixed for the holding of the annual general meeting at which the election is to take place.

(b)          Nominees must not have held the same Executive position for more than three (3) consecutive terms. (Refer to clause 16A.)

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

(4)        If insufficient further nominations are received, any vacant positions remaining on the Board are taken to be casual vacancies.

(5)        If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.

(6)        If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.

(7)        The ballot for the election of four (4) persons as Executive Board Members and two (2) persons as Non-executive Board Members of the Foster Parents Support Network is to be conducted at the annual general meeting in such usual and proper manner as the Board may direct.

16A               Terms of office (Refer clause 19)

All Board appointments are deemed to be two (2) year appointments. Elections are to be held every even year i.e. 2006, 2008, and 2010. The odd years will be a normal Annual General Meeting with only emergency Board member replacement elections, if required due to unforeseen circumstances.

The maximum term to be served in any one position is six (6) years. A person who has fulfilled their six (6) year term may nominate for any other Board position.

17                                   Secretary

(1)          The Secretary of the Foster Parent’s Support Network must, as soon as practicable after being appointed as Secretary, lodge a notice with the Foster Parent’s Support Network of his or her address.

(2)          It is the duty of the Secretary to keep minutes of:

(a)           All appointments of office-bearers and members of the Board,

(b)          The names of members of the Board present at a Board meeting or a general meeting, and

(c)           All proceedings at Board meetings and general meetings.

(3)          Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.

 

18                                   Treasurer

It is the duty of the treasurer of the Foster Parent’s Support Network to ensure:

(a)           That all money due to the Foster Parent’s Support Network is collected and received and that all payments authorised by the Foster Parent’s Support Network are made,

and

(b)          That correct books and accounts are kept showing the financial affairs of the Foster Parent’s Support Network, including full details of all receipts and expenditure connected with the activities of the Foster Parent’s Support Network.

 

19                                   Casual vacancies

For the purposes of these rules, a casual vacancy in the office of a member of the Board occurs if the member:

(a)           Dies, or

(b)          Ceases to be a member of the Foster Parent’s Support Network, or

(c)           Becomes an insolvent under administration within the meaning of the Corporations Law, or

(d)          Resigns office by notice in writing given to the Secretary, or

(e)           Is removed from office under rule 19, or

(f)            Becomes a mentally incapacitated person, or

(g)           Is absent without the consent of the Board from all meetings of the Board held during a period of 6 months.

 

20                                   Removal of member

(1)          The Foster Parent’s Support Network in general meeting may by resolution remove any member of the Board from the office of member before the 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.

(2)          If a member of the Board 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 representation be notified to the members of the Foster Parent’s Support Network, the Secretary or the President may send a copy of the representations to each member of the Foster Parent’s Support Network 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.

 

21                                   Meetings and quorum

(1)          The Board must meet at least 3 times in each period of 12 months at such place and time as the Board may determine.

(2)          Additional meetings of the Board may be convened by the president or by any member of the Board.

(3)          Oral or written notice of a meeting of the Board must be given by the Secretary to each member of the Board at least 48 hours (or such other period as many be unanimously agreed on by the members of the Board) before the time appointed for the holding of the meeting.

(4)          Notice of a meeting given under clause (3) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the Board members present at the meeting unanimously agree to treat as urgent business.

(5)          Any 3 members of the Board constitute a quorum for the transaction of the business of a meeting of the Board.

(6)          No business is to be transacted by the Board unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned to the same place and at the same hour of the same day in the following week.

(7)          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.

(8)          At a meeting of the Board:

(a)           The President or, in the President’s absence, the Vice-President is to preside, or

(b)          If the President and the Vice-President are absent or unwilling to act, such one of the remaining members of the Board as may be chosen by the members present at the meeting is to preside.

 

22                                   Delegation by Board to sub-Board

(1)          The Board may, by instrument in writing, delegate to one or more sub-Boards (consisting of such member or members of the Foster Parent’s Support Network as the Board thinks fit) the exercise of such of the functions of the Board as are specified in the instrument, other than:

(a)           This power of delegation, and

(b)          A function which is a duty imposed on the Board by the Act or by any other law.

(2)          A function the exercise of which has been delegated to a sub-Board under this rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-Board in accordance with the terms of the delegation.

(3)          A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.

(4)          Despite any delegation under this rule, the Board may continue to exercise any function delegated.

(5)          Any act or thing done or suffered by sub-Board acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by the Board.

(6)          The Board may, by instrument in writing, revoke wholly or in part any delegation under this rule.

(7)          A sub-Board may meet and adjourn, as it thinks proper.

 

23                                   Voting and decisions

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

(2)          Each member present at a meeting of the Board or of any sub-Board appointed by the Board (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.

(3)          Subject to rule 20(5), the Board may act despite any vacancy on the Board.

(4)          Any act or thing done or suffered, or purporting to have been done or suffered, by the Board or by a sub-Board appointed by the Board, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the Board or sub-Board.

 

Part 4   General meeting

 

24                                   Annual general meetings – holding of

(1)          With the exception of the first annual general meeting of the Foster Parent’s Support Network, the Foster Parent’s Support Network must, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the Foster Parent’s Support Network, convene an annual general meeting of its members.

(2)          The Foster Parent’s Support Network must hold its first annual general meeting:

(a)      Within the period of 18 months after its incorporation under the Act, and

(b)     Within the period of 6 months after the expiration of the first financial year of the Foster Parent’s Support Network.

(c)      Clauses (1) and (2) have effect subject to any extension or permission granted by the Director-General under section 26(3) of the Act.

 

25                                   Annual general meetings – calling of and business at

(1)     The annual general meeting of the Foster Parent’s Support Network is, subject to the Act and to rule 23, to be convened on such date and at such place and time as the Board thinks fit.

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

(a)      To confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,

(b)      To receive from the Board reports on the activities of the Foster Parent’s Support Network during the last preceding financial year,

(c)      To elect office-bearers of the Foster Parent’s Support Network and ordinary members of the Board,

(d)      To receive and consider the statement which is required to be submitted to members under section 26(6) of the Act.

(3)   An annual general meeting must be specified as such in the notice convening it.

 

26                                   Special general meetings – calling of

(1)     The Board may, whenever it thinks fit, convene a special general meeting of the Foster Parent’s Support Network.

(2)     The Board must, on the requisition in writing of at least 5 per cent of the total number of members, convene a special general meeting of the Foster Parent’s Support Network.

(3)     A requisition of members for a special general meeting:

(a)      Must state the purpose or purposes of the meeting, and

(b)      Must be signed by the members making the requisition, and

(c)      Must be lodged with the Secretary, and

(d)      May consist of several documents in a similar form, each signed by one or more of the members making the requisition.

(4)   If the Board fails to convene a special general meeting to be held within 1 month after that date on which a requisition of members for the meeting is lodged with the Secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.

(5)   A special general meeting convened by a member or members as referred to in clause (4) must be convened as nearly as is practicable in the same manner as general meetings are convened by the Board and any member who consequently incurs expenses is entitled to be reimbursed by the Foster Parent’s Support Network for any expense so incurred.

 

27                                   Notice

(1)     Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Foster Parent’s Support Network, the Secretary must, at least 14 days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.

(2)     If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Foster Parent’s Support Network, the Secretary must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be given to each member specifying, in addition to the matter required under clause (1), the intention to propose the resolution as a special resolution.

(3)     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 under rule 24(2).

(4)     A member desiring to bring any 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.

 

28                                   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.

(2)     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.

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

(a)      If convened on the requisition of members, is to be dissolved,

and

(b)      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.

(4)     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 at least 3) is to constitute a quorum.

 

29                                   Presiding member

(1)     The President or, in the President’s absence, the Vice-President, is to preside as Chairperson at each general meeting of the Foster Parent’s Support Network.

(2)     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.

 

30                                   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 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.

(2)     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 Foster Parent’s Support Network stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.

(3)     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.

 

31                                   Making of decisions

(1)     A question arising at a general meeting of the Foster Parent’s Support Network 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, or an entry to that effect in the minute book of the Foster Parent’s Support Network, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.

(2)     At a general meeting of the Foster Parent’s Support Network, a poll may be demanded by the chairperson or by at least 3 members present in person or by proxy at the meeting.

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

(a)      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

(b)      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.

 

32                                   Special resolution

A resolution of the Foster Parent’s Support Network is a special resolution:

(a)      If it is passed by a majority which comprises at least three-quarters of such members of the Foster Parent’s Support Network as, being entitled under these rules so to do, vote in person or by proxy at a general meeting of which at least 21 days’ written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules, or

(b)      Where it is made to appear to the Director-General 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.

 

33                                   Voting

(1)   On any question arising at a general meeting of the Foster Parent’s Support Network 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.

(3)     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.

(4)     A member or proxy is not entitled to vote at any general meeting of the Foster Parent’s Support Network unless all money due and payable by the member or proxy to the Foster Parent’s Support Network has been paid, other than the amount of the  annual subscription payable in respect of the then current year.

 

34                                   Appointment of proxies

(1)     Each member is to be 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 to these rules.

 

Part 5   Miscellaneous

 

35                                   Insurance

(1)     The Foster Parent’s Support Network must effect and maintain insurance under section 44 of the Act.

(2)     In addition to the insurance required under clause (1), the Foster Parent’s Support Network may effect and maintain other insurance.

 

36                                   Funds – source

(1)     The funds of the Foster Parent’s Support Network are to be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the Foster Parent’s Support Network in general meeting, such other sources as the Board determines.

(2)     All money received by the Foster Parent’s Support Network must be deposited as soon as practicable and without deduction to the credit of the Foster Parent’s Support Network’s bank account.

(3)     The Foster Parent’s Support Network must, as soon as practicable after receiving any money, issue an appropriate receipt.

 

37                                   Funds – management

(3)     Subject to any resolution passed by the Foster Parent’s Support Network in general meeting, the funds of the Foster Parent’s Support Network are to be used in pursuance of the objects of the Foster Parent’s Support Network in such manner as the Board determines.

(4)     All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any 2 members of the Board or employees of the Foster Parent’s Support Network, being members or employees authorised to do so by the Board.

 

38                                   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 Foster Parent’s Support Network.

 

39                                   Common seal

(1)   The common seal of the Foster Parent’s Support Network 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 Board and the affixing of the common seal must be attested by the signatures either of 2 members of the Board or of 1 member of the Board and of the public officer or Secretary.

40                                   Inspection of books

The records, books and other documents of the Foster Parent’s Support Network must be open to inspection, free of charge, by a member of the Foster Parent’s Support Network at any reasonable hour subject to the Privacy Act and the written permission of any other person they wish to see.

 

41                                   Service of notices

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

(a)      By delivering it to the person personally, or

(b) By sending it by pre-paid post to the address of the person, or

(c)       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.

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

(a)      In the case of a notice given or served personally, on the date on which it is received by the addressee, and

(b)      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

(c)      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.

 


Appendix 1

                                                                                                                       (Rule 3 (1))

 

APPLICATION FOR MEMBERSHIP OF FOSTER PARENT’S SUPPORT NETWORK

 

Incorporated under the Associations Incorporation Act 1984

 

I,…………………………………………………………………………………………

(full name of applicant)

 

of………………………………………………………………………………………...

(address)

 

……………………………………………………………….hereby apply to become a

                               (occupation)

member of the above named incorporated Foster Parent’s Support Network.  In the event of my admission as a member, I agree to be bound by the rules of the Foster Parent’s Support Network for the time being in force.

 

                                                              ………………………………………………….

Signature of applicant

 

                                                              Date…………………………………………….

 

I,………………………………………………………. a member for the Foster Parent’s Support Network,

(full name)

 

Nominate the applicant, who is personally known to me, for membership of the Foster Parent’s Support Network.

 

                                                              ………………………………………………….

Signature of proposer

 

                                                              Date…………………………………………….

 

I,………………………………………………………. a member for the Foster Parent’s Support Network,

(full name)

 

Second the nomination of the applicant, who is personally known to me, for membership of the Foster Parent’s Support Network.

 

                                                              ………………………………………………….

Signature of seconder

 

                                                              Date…………………………………………….


 

Appendix 2

                                                                                                                       (Rule 3 (1))

 

FORM OF APPOINTMENT OF PROXY

 

 

 

I,………………………………..of …………………………………………………….

(full name)                                                        (address)

 

being a member of Foster Parent’s Support Network.

 

hereby appoint   …………………………………… of ……………………………….

(full name of proxy)                         (address)

 

 

being a member of that incorporated Foster Parent’s Support Network, as my proxy to vote for me on my  behalf at the general meeting of the Foster Parent’s Support Network (annual general meeting or special general meeting, as the case may be) to be held on the

 

………….day of…………………..

                               (month and year)

 

and at any adjournment of that meeting.

 

*   My proxy is authorised to vote in favour of/against (delete as appropriate) the resolution (insert details).

 

*   to be inserted if desired.

 

 

………………………………………………

Signature of member appointing proxy

 

Date…………………………………………...

 

 

NOTE:   A proxy vote may not be given to a person who is not a member of the Foster Parent’s Support Network.

 

 

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