Statement of Purposes and Rules
ASSOCIATIONS INCORPORATION ACT 1981 – Section 5(b) – STATEMENT OF PURPOSES OF JEWISH CHRISTIAN MUSLIM ASSOCIATION OF AUSTRALIA INCORPORATED
The name of the incorporated association is the Jewish Christian Muslim Association of Australia Incorporated (the “Association“).
The Association is established for public charitable purposes and the objective of the Association is to promote the prevention or the control of behaviour that is harmful or abusive to human beings.
Behaviour that is harmful or abusive includes, without limitation:
(a) emotional abuse; and
(b) physical abuse.
2.2 Principal Activity
In order to achieve the objective of the Association, the principal activity of the Association is the promotion of the prevention or the control of behaviour that is harmful or abusive to human beings, specifically emotional and physical abuse arising from religious intolerance and cultural discrimination.
3 Ancillary purposes
To achieve the objective set out in clause 2.1 and the principal activity set out in clause 2.2, the Association may, among other things:
(a) draw together members of the Abrahamic faiths in mutual respect, seeking to appreciate each other and to heal ancient wounds, pledging mutual support in times of stress and engaging in dialogue in all its aspects;
(b) print, publish or issue any statements, articles, newspapers, periodicals, books, papers, journals and other publications in relation to any issue conducive to the principal purposes of the Association;
(c) organise conferences and other activities for the purpose of learning about each other’s faith, of sharing personal experience, and of discussing issues of concern within their own faith communities and within the broader society;
(d) organise educational and social programs aimed at promoting the Association’s values to a wider segment of Australian society. In this way the Association will provide an example to the wider Australian community of how difference can contribute to the development of a peaceful and democratic society;
(e) disseminate information relating to the programs and services provided by the Association and to produce, edit, publish, issue, sell, circulate and preserve such papers, periodicals, books, circulars and other literary matters as are conducive to the Association’s principal purposes;
(f) establish and maintain relationships and close communications with other corporations, entities, associations, foundations, institutions, organisations and groups including Federal, State and Local Government instrumentalities, authorities and professionals that may have related interests to the Association and utilise their resources and facilities to provide and achieve the principal purposes of the Association;
(g) seek and co-ordinate funding from Federal, State and Local Government and the private sector in the form of grants, gifts, donations and bequests committed to the principal purposes of the Association;
(h) encourage, promote and create greater community awareness in the knowledge and understanding of the principal purposes of the Association and the impact on communities as a whole;
(i) provide or attract funds to facilitate the purposes of the Association, especially for the conduct of public awareness programs including education and relationship and community programs; and
(j) do all such other things as are incidental or conducive to the attainment of the principal purposes of the Association.
4 No profit or gain to Members
(a) For the purposes of clauses 2 and 3, the Association will not be carried on for the purposes of profit or gain to its individual Members and the income and property of the Association, however and wherever derived, will be applied solely towards the promotion of the objective and purposes of the Association.
(b) No portion of the income or property of the Association will be distributed, paid or transferred, directly or indirectly by way of dividend, bonus or by way of profit, to any officers, servants or the Members of the Association but nothing contained in this Statement of Purposes or the rules of the Association will prevent the payment in good faith of remuneration to any officers or servants of the Association or to any Member of the Association in return for any services actually rendered to the Association or for goods supplied in the ordinary and usual course of business.
RULES OF THE JEWISH CHRISTIAN MUSLIM ASSOCIATION OF AUSTRALIA INCORPORATED
(Consolidated on 16 October 2012)
Originally named The Jewish-Christian-Muslim Conference of Australia Incorporated, the association is now known as the Jewish Christian Muslim Association or JCMA, (in these Rules called “the Association”).
(1) In these Rules, unless the contrary intention appears-
“Act” means the Associations Incorporation Act 1981;
“Board” means the board of management of the Association;
“Commissioner”means the Commissioner of Taxation, a Second Commissioner of Taxation or a Deputy Commissioner of Taxation for the purposes of the Tax Act;
“Department” means the Department of Families, Housing, Community Services and Indigenous Affairs or such department that replaces the Department;
“financial year” means the year ending on 30 June;
“general meeting” means a general meeting of members convened in accordance with rule 12;
“Gift Fund” means the Jewish Christian Muslim Association Gift Fund (or such other name as the Association may determine from time to time) established under clause 39;
“Gift Fund Management Committee” means the committee of management established under clause 40(4);
“liaison officer” means the person nominated in writing by a peak body to represent it at meetings and to vote on its behalf;
“member” means an organisation or individual admitted to membership of the Association;
“Minister” means the Minister for Families, Housing, Community Services and Indigenous Affairs or such minister that replaces the Minister;
“ordinary member” means a member of the Board who is not an officer of the Association under Rule 21;
“peak body” means an organisation recognised as a leading representative organisation of each of the Jewish, Christian and Muslim communities in Victoria;
“Register of Harm Prevention Charities” means the register of harm prevention charities kept under Subdivision 30-EA of the Tax Act;
“Regulations” means regulations under the Act; and
“relevant documents” has the same meaning as in the Act.
“Tax Act” means the Income Tax Assessment Act 1997 (Cth).
(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
These Rules and the statement of purposes of the Association must not be altered except in accordance with the Act.
4. Membership, entry fees and subscription
(1) The Jewish Community Council of Victoria, the Victorian Council of Churches and the Islamic Council of Victoria, the three peak bodies at the time of the Association’s incorporation, are the sponsoring organisational members of the Association.
(a) Each sponsoring organisation will be charged an annual membership subscription determined by the Board of the Association.
(b) Each sponsoring organisation shall appoint a liaison officer who will represent it at Board meetings and general meetings of the Association.
(c) Liaison officers will be considered as individual members of the Association without payment of an individual membership subscription.
(2) Any other organisation which 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, and shall be known as a supporting organisation.
(3) An organisation which 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) may be admitted as a supporting member if
(a) it applies for membership in accordance with sub-rule (4); and if
(b) the admission as a supporting member is approved by the Board.
(4) An application of an organisation for supporting membership of the Association must be
(a) made in writing; and
(b) lodged with the Secretary of the Association.
(5) As soon as practicable after the receipt of an application, the Secretary must refer the application to the Board.
(6) The Board must determine whether to approve or reject the application.
(7) If the Board 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 subscription; and
(c) invite the supporting organisation to nominate one of its members as its representative at general meetings of the Association, such representative to be admitted as an individual member of the Association without payment of a further fee while serving as the organisation’s representative.
(8) The Secretary must, within 28 days after receipt of the amounts referred to in sub-rule (7), enter the applicant’s name in the register of organisational members and enter the organisation’s representative in the register of individual members.
(9) An applicant for organisational membership becomes a member and is entitled to exercise the rights of membership when its name is entered in the register of organisational members.
(10) If the Board rejects an application, the Board must, as soon as practicable, notify the applicant in writing that the application has been rejected.
(11) A right, privilege, or obligation of an organisation by reason of membership of the Association-
(a) is not capable of being transferred or transmitted to another organisation ; and
(b) terminates upon the cessation of membership whether by dissolution, resignation, failure to pay fees due, or otherwise.
(12) The annual subscription is the relevant amount set out on the JCMA website and is payable in advance on or before 1 July in each year.
(14) The following shall be regarded as individual members of the Association:
(a) the liaison officer nominated by each sponsoring organisation;
(b) the representative nominated by each supporting organisation;
(c) elected officers and ordinary members of the Board; and
(d) any person who is willing to support the objectives of the Association and who has been invited by the Board to apply.
(15) The Board may determine an annual subscription fee for individual members in the categories of Rule 14 (c) and (d).
(16) All individual members shall complete a membership application form in writing and lodge it with the Secretary of the Association.
5. Register of members
(1) The Secretary must keep and maintain a register of organisational and individual members containing-
(a) the name and address of each organisational member; and
(b) the name and address of each sponsoring organisation’s liaison officer;
(c) the name and address of the representative of each supporting organisation;
(d) the name of each individual member; and
(e) 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.
(4) The Secretary shall also keep and maintain a membership list containing contact details of all members.
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 an intention to resign.
(2) After the expiry of the period referred to in sub-rule (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 these Rules, if the Board is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the Board may by resolution
(a) suspend that member from membership of the Association for a specified period; or
(b) expel that member from the Association.
(2) A resolution of the Board under sub-rule (1) does not take effect unless:
(a) at a meeting held in accordance with sub-rule (3), the Board 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 Board to confirm or revoke a resolution passed under sub-rule (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 sub-rule (4).
(4) For the purposes of giving notice in accordance with sub-rule (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 Board and the grounds on which it is based; and
(b) stating that the member, or its representative, may address the Board 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
(c) stating the date, place and time of that meeting; and
(d) informing the member that it may do one or both of the following-
(i) attend that meeting;
(ii) give to the Board before the date of that meeting a written statement seeking the revocation of the resolution;
(e) informing the member that, if at that meeting, the Board confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice of a wish to appeal to the Association in general meeting against the resolution.
(5) At a meeting of the Board to confirm or revoke a resolution passed under sub-rule (1), the Board must-
(a) give the individual member, or representative of an organisational member, an opportunity to be heard; and
(b) give due consideration to any written statement submitted by the member; and
(c) determine by resolution whether to confirm or to revoke the resolution.
(6) If at the meeting of the Board, the Board confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that the member wishes to appeal to the Association in general meeting against the resolution.
(7) If the Secretary receives a notice under sub-rule (6), the Secretary must notify the Board and the Board must convene a general meeting of the Association to be held within 21 days after the date on which the notice was received.
(8) At a general meeting of the Association convened under sub-rule (7):
(a) no business other than the question of the appeal may be conducted; and
(b) the Board may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
(c) the individual member, or the representative of a supporting organisation, must be given an opportunity to be heard; 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 Board 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 representative of an organisational member of the Association can be a mediator.
(6) The mediator cannot be a representative of an organisational member which 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
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
(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 Board 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 Board reports upon the transactions of the Association during the last preceding financial year; and
(c) to elect officers and ordinary members of the Board of the Association; 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 Board may, whenever it thinks fit, convene a special general meeting of the Association.
(4) If, but for this sub-rule, more than 15 months would elapse between annual general meetings, the Board must convene a special general meeting before the expiration of that period.
(5) The Board must, on the request in writing of not less than three 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
(c) be sent to the address of the Secretary.
(7) If the Board 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 Board 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 email to members who have provided the Secretary with their email address, or
(b) by prepaid post to the address appearing in the register of members.
(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) The quorum for a general meeting shall be ten members, including the three liaison officers and at least two other officers or ordinary members. If a liaison officer is unable to be present, the officer may appoint another member of that faith community as a representative.
(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 chair 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, a Vice-President, shall preside at each general meeting of the Association.
(2) If the President or Vice-President are absent from a general meeting, or are unable to preside, the members present must select one of their number to chair the meeting.
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 sub-rule (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 chair 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.
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 chair 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 chair 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 chair 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 chair 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 minutes 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.
(1) Each sponsoring or supporting organisation is entitled to appoint a person other than its nominated liaison officer or representative as a proxy by notice given to the Secretary prior to the commencement 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 1; or
(b) in any other case, in the form set out in Appendix 2.
(1) The affairs of the Association shall be managed by the Board .
(2) The Board
(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 Board to be essential for the proper management of the business and affairs of the Association, including the appointment of committees, the members of which need not be officers or ordinary members.
(3) The membership of the Board shall consist of:
(a) the three liaison officers representing the peak bodies;
(b) the four office holders of the Association as set out in Rule 21 (1);
(c) not more than five ordinary members, elected at the annual general meeting or subsequently co-opted, with the proviso that
(d) of the group consisting of the President and the ordinary members, there shall be at least one member of each faith community.
(4) The Board may invite any individual member to attend and participate in the discussions of the Board, or to take on responsibility for organising any Board-approved JCMA activity and report to the Board.
21. Office holders
(1) The office holders of the Association shall be the:
(c) Treasurer; and
(2) Terms of office:
(a) The term of office of the President shall be two years. The President may not simultaneously be a liaison officer. The President shall be elected, after consultation by the Board with the appropriate peak body, one year prior to taking office as President. During that prior year, the President-elect shall be Vice-President of the Association. At the conclusion of the two-year term of office, the immediate past president shall serve as Vice-President of the Association for one year.
(b) The Treasurer and Secretary shall serve for a two-year term, and may be re-elected for a maximum of one additional two-year term.
(c) Ordinary members shall serve for a two-year term, and may be re-elected.
(3) 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 sub-rule (1).
(4) In the event of a casual vacancy in any office referred to in sub-rule (1), the Board may appoint one of its members to the vacant office, subject to Rule 23 (3), 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. Liaison Officers
(1) At least three months prior to each annual general meeting, the Secretary shall invite each peak body to nominate its liaison officer for the ensuing term.
(2)The term of office of each liaison officer shall be one year, renewable for a maximum term of three consecutive years.
(3) The Secretary shall inform the peak body prior to the term of office of a liaison officer coming to an end.
23. Election of officers and ordinary members
(1) Nominations of candidates for election as officers and ordinary members of the Board of the Association shall be subject to sub-clause (2) and 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) The Presidency shall rotate among the three faith communities in the order Jewish, Christian, Muslim.
(3) In the case of a casual vacancy arising in the Presidency or Vice-presidency, the Board shall appoint a member from the same faith community as a replacement.
(4) A candidate may only be nominated for one office prior to the annual general meeting.
(5) If insufficient nominations are received to fill all vacancies on the Board, the candidates nominated shall be deemed to be elected and further nominations may be received at the annual general meeting.
(6) 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.
(7) If the number of nominations exceeds the number of vacancies to be filled, a ballot must be held.
(8) The ballot for the election of officers and ordinary members of the Board must be conducted at the annual general meeting in such manner as the Board may direct.
(9) The Secretary shall maintain a register of all officers and their terms of office.
The office of an officer, or of an ordinary member of the Board, becomes vacant –
(a) at the end of a term of office in accordance with Rules 21(2) and 22(2); or
(b) if an officer or ordinary member becomes an insolvent under administration within the meaning of the Corporations Law;
(c) if the officer or ordinary member resigns from office by notice in writing given to the Secretary; or
(d) if the officer or ordinary member is removed from office by resolution of the Board.
25. Meetings of the Board
(1) The Board shall meet at least 6 times in each year at such place and such times as the Board may determine.
(2) Special meetings of the Board may be convened by the President or by any 4 members of the Board
26. Notice of Board meetings
(1) Written notice of each Board meeting must be given to each member of the Board at least 2 business days before the date of the meeting.
(2) Written notice must be given to members of the Board 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 Board meetings
(1) Five members of the Board, including the three liaison officers or their representatives constitute a quorum for the conduct of the business of a Board meeting..
(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 a place, time and day to be fixed by the Convenor, taking account of the Holy Days of each faith.
(4) The Board may act notwithstanding any vacancy on the Board.
28. Presiding at Board meetings
At meetings of the Board
(a) the President; or if absent, the Vice-President, chairs the meeting
(b) if both are absent, or are unable to preside, the members present must choose one of their number to preside.
29. Voting at Board meetings
(1) Questions arising at a meeting of the Board, or at a meeting of any committee appointed by the Board, 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 Board, or at a meeting of any committee appointed by the Board (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 Board member
(1) The Association in general meeting may, by resolution, remove any member of the Board before the expiration of the member’s term of office and appoint another member in their 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 sub-rule (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 Board.
(3) The Secretary or the President may give a copy of the representations to each member of the Board 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 Board meeting, together with a record of the names of persons present at meetings.
(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 Board.
(3) The funds of the Association shall be derived from annual subscriptions, donations and such other sources as the Board determines.
(a) The Board shall have an Executive, with powers delegated to it defined by the Board, to meet or consult as needed between Board meetings.
(b) Its membership shall consist of the President, the liaison officers of the other two faith groups, the Secretary and the Treasurer.
(c) The quorum for an Executive meeting shall be three people, including one member of each faith community.
(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 Board and the affixing of the common seal must be attested by the signatures either of two members of the Board or, of one member of the Board and of the public officer of the Association.
35. 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
(c) facsimile transmission, if the member has requested that the notice be given to him or her in this manner; or
(d) email or any other electronic or digital format, if the member has requested that the notice be given to him or her in this manner.
36. Policy Register
The Secretary shall maintain an electronic document listing policy decisions made by the Board. A copy of the policy register shall be sent to each new Board member after taking office.
37. Winding up or cancellation
(1) If on:
(a) the winding up or cancellation of the Association; or
(b) the Association ceasing to be a fund under item 1 of the table contained in section 30-15 of the Tax Act,
there remains, after satisfaction of all debts and liabilities of the Association any surplus assets of the Association, the remaining surplus assets shall not be paid to or distributed among the Members of the Association but shall be transferred to another fund with similar objectives that is on the Register of Harm Prevention Charities.
(2) If on the winding up or dissolution of the Gift Fund or the revocation of the endorsement of the Gift Fund as a deductible gift recipient under subdivision 30-EA of the Tax Act (whichever is the earlier) there remains any surplus assets in the Gift Fund after the payment of debts and liabilities, the remaining surplus assets shall be transferred to another fund with similar objectives that is on the Register of Harm Prevention Charities.
38. Custody and inspection of books and records
(1) Except as otherwise provided in these Rules, the Secretary must keep custody or control of 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.
39. Establishing and maintaining the Gift Fund
The Association will establish and maintain a public fund to be called the Jewish Christian Muslim Association Gift Fund (or such other name as the Association may determine from time to time) for the specific purpose of the promotion of the prevention or the control of behaviour, specifically emotional abuse and physical abuse, that is harmful or abusive to human beings. The fund is established to receive all gifts of money or property for this purpose and any money received because of such gifts must be credited to its bank account. The fund must not receive any other money or property into its account and it must comply with Subdivision 30-EA of the Tax Act.
40. Rules of the Gift Fund
(1) The objective of the Gift Fund is to promote the prevention or the control of behaviour, specifically emotional abuse and physical abuse, that is harmful or abusive to human beings.
(2) Members of the public are to be invited to make gifts of money or property to the Gift Fund for the promotion of the prevention or the control of behaviour that is harmful or abusive to human beings.
(3) The Association must open and maintain a separate bank account to deposit money donated to the Gift Fund, including interest accruing thereon, and gifts to the Gift Fund must be kept separate to other funds of the Association.
(4) A committee of management of not less than three persons must administer the Gift Fund. The committee will be appointed by the Board. A majority of the members of the committee are required to be ‘responsible persons’ as defined by the Guidelines to the Register of Harm Prevention Charities.
(5) The Gift Fund Management Committee will have the sole responsibility for decisions regarding the use and application of all gifts and contributions made to the Gift Fund and any money or other contributions received because of those gifts for the objective and purposes set out in the statement of purposes of the Association.
(6) Money from interest on donations, income derived from donated property, and money from the realisation of such property must be deposited into the Gift Fund.
(7) The Gift Fund must be operated on a not-for-profit basis.
(8) Receipts are to be issued in the name of the Gift Fund for gifts or other contributions and must contain:
(a) the name of the Association;
(b) the ABN of the Association;
(c) the name of the Gift Fund;
(d) the signature of a person authorised to act on behalf of the Gift Fund;
(g) the name of the donor;
(h) an indication that the Gift Fund is listed on the Register of Harm Prevention Charities; and
(e) the fact that the receipt is for a gift or contribution,
and proper accounting records and procedures are to be kept and used for the Gift Fund.
41. Agreement to abide by ministerial rules
The Association must comply with any rules that the Minister and the Treasurer may make to ensure gifts or other contributions made to the Gift Fund are only used for the principal activity of the Association as set out in the statement of purposes of the Association.
42. Statistical information
(1) The Gift Fund must provide statistical information on donations requested by the Department within four months of the end of the financial year.
(2) An audited financial statement for the Association and the Gift Fund must be supplied with the annual statistical return. The statement must provide information on expenditure of public monies and the management of the Gift Fund assets.
43. Informing the Department
The Association must inform the Department as soon as possible if:
(a) the Association changes its principal activity;
(b) the Association changes its name or the name of the Gift Fund;
(c) there is any change to the membership of the Gift Fund Management Committee;
(d) there has been any departure from the model rules for public funds set out in the Guidelines to the Register of Harm Prevention Charities; or
(e) the Association or the Gift Fund, suffers any financial difficulties.
44. Conduit Policy
The Association must not act as a mere conduit for the donation of money or property to other organisations, bodies or persons.
FORM OF APPOINTMENT OF PROXY FOR MEETING OF
THE JEWISH CHRISTIAN MUSLIM ASSOCIATION INCORPORATED
CONVENED UNDER RULE 7(7)
I, (name) …………………………………………………
of ……………………( name of member organisation) ……………………………
which is a member of the Jewish Christian Muslim Association Incorporated
appoint ………………………(name of proxy holder) …………………………..
of ……………………………(address of proxy holder) ………………………………,
as proxy for ……………(name of member organisation)…………….… to vote on its 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 the proxy to vote at his/her discretion in respect of the following resolution (insert details of resolution passed under rule 7(1)).
………… Signed ……………..
FORM OF APPOINTMENT OF PROXY
I, …………………………………(name) ………………………………………..
of …………………………( name of member organisation) …………………………………
which is a member of the Jewish Christian Muslim Association Incorporated appoint ………………………(name of proxy holder) ………………………………
of ……………………………(address of proxy holder) ……………………………….,
as proxy for …………….…(name of member organisation)……………to vote on its behalf at the annual/special* general meeting of the Association to be held on
………(date of meeting)…………. and at any adjournment of that meeting.
The proxy is authorised to vote in favour of/against* the following resolution (insert details of resolution).
………… Signed ………….
* Delete if not applicable