JAZZ CLUB OF W.A. INC.
Rules of Association
THE NAME:
The Name of the Association shall be the “JAZZ CLUB OF W.A. Inc”, hereinafter referred to as the “Association”.
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2. DEFINITIONS:
In these Rules of Association and any amendments hereto and in any rules made in accordance with the provisions hereof the following words shall have the following meaning unless the context is inconsistent with such interpretation: Unless expressed to the contrary:
(a) Words imputing the singular or plural number shall include the plural number or singular respectively.
(b) Words imputing the masculine gender shall include the female gender and vice versa.
(c) If a word or phrase is defined, cognate words and phrases have corresponding definitions.
(d) Headings are for ease of reference only and do not affect the interpretation of the Rules they introduce.
(e) Board of Reference is herein referred to as the “Board”.
(f) “Committee” shall refer to the “Committee of Management” as defined numerically in Rule 13.
(g) “Officers” shall refer to those persons listed in Rule 13(f).
(h) “Member” shall mean “Financial Member” being those classes referred to under Rules 8 (a) and 8 (c).
(i) Ordinary Resolution shall mean a requirement of a simple majority of those present and voting in favour at a meeting.
(j) Special Resolution shall mean a requirement of such percentage as required by law at the time, of the Members present and voting in favour at a meeting.
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3. OBJECTS OR PURPOSE:
(a) To promote and foster the playing and composing of traditional jazz in all its forms.
(b) To promote and foster Jazz Festivals, Seminars, Conventions and gatherings for the benefit of musicians and the public alike.
(c) To provide facilities for education in Jazz Music.
(d) To provide benefits and enjoyment for Members, their Guests and the General Public.
(e) To provide facilities and conveniences for the use of Members and their Guests.
(f) To supply refreshments, accommodation and amenities for Members and their Guests.
(g) To keep Members and the General Public informed of the activities of the Association.
4. POWERS OF THE ASSOCIATION:
(a) To purchase, take on lease, or in exchange, hire or acquire and maintain, any real or personal property and any rights or privileges in relation thereto.
(b) To erect and improve or repair, or pull down and rebuild, any buildings and other structures.
(c) To sell, or exchange, lease, mortgage, hire, and dispose of, turn to account, or otherwise deal with all or part of the real and personal property of the Association.
(d) To borrow, or raise and secure the payment of money in such a manner as the Association thinks fit with power to issue debentures, grant mortgages, charges or any other class of security upon, or charging all or any of the Association property, real or personal and to
redeem or pay off any such securities.
(e) To invest and deal with the monies of the Association not immediately required for the purposes of the Association, in such a manner as may from time to time be determined.
(f) To draw, make, accept, endorse and issue negotiable securities, or instruments of whatsoever kind of nature.
(g) To appoint or employ any person to any position and to dismiss or suspend any such person.
(h) To become affiliated with or subscribe to any other legally constituted organization or body whose objects are similar to the Objects or Purpose of the Association and to retire or withdraw from such organization or body.
(i) To do all such things incidental or conducive to the attainment of its Objects or Purpose.
(j) To publish a periodical or newsletter additional to that defined under By Law 15, to be issued at least quarterly and made available regularly either electronically where possible, and/or in hard copy posted to all other Members, contributors and such other persons or
organisations as shall be determined by the Committee.
(k) To apply for and from time to time renew, a Club Licence pursuant to the Liquor Act of WA and its amendments, or any Licences required by the Association under any other Act necessary to achieve the Objects and Purpose of the Association.
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5. BOARD OF REFERENCE
(a) A Board of Reference may be established at an Annual General Meeting upon the discretion of members. The Board shall consist of three (3) Members, only one (1) of whom shall be a Life Member, if available. Appointment shall be by nomination at an Annual General
Meeting, in writing, and ratified by an Ordinary Resolution.
(b) Prior to implementation by the Committee or its Sub-committees, the Board shall overview and either approve or reject any recommendations or decisions of the Committee or its Sub- committees, to commit the Association to a financial outlay of a lump sum, or sums collectively paid to any one supplier of, or greater than, five thousand dollars ($5,000) in a financial year or any other financial commitment over a period of time, regardless of the value.
(c) The appointments shall be for a term of three (3) years and shall be renewable. In the event of a vacancy occurring, this vacancy shall be, in the first instance, filled by a person of the same Member category for the remainder of the current three (3) year term and who shall
be appointed by the Committee, subject to recommendation and endorsement by the remaining Members of the Board, and who shall act until ratified or otherwise at the next Annual General Meeting. If a person of the same Member category is not available to fill the
vacancy it may be filled by a Member of either category.
(d) All Members shall have equal voting rights.
(e) The Life Member is to act as Chairperson. If there is no Life Member available then the Board Members shall appoint one of their number as the Chairperson.
(f) Matters for consideration by the Board shall be referred to its Chairperson, in writing, by the Association Secretary. The Association Treasurer is to act as a financial consultant to the Board.
(g) The Board shall meet from time to time, personally or by telecommunication, convened as required by the Chairperson. All Board Members are to receive copies of the Committee minutes. Decisions of the Board shall be conveyed to the Association Secretary, in writing, and shall be retained in the Association Minute Book.
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6. PATRON:
From time to time the Committee may appoint one person to hold the position of Patron, the recommendation to be confirmed at the Annual General Meeting. The Patron need not be a Member but the appointment shall be initially for a maximum period of twelve (12) months. The Patron may be recommended by the Committee for successive periods.
The Patron shall not have voting rights. The Patron shall be subject to all statutory regulations prevailing in respect to control of the
Association’s activity current from time to time and will be entitled to enjoy the privileges and advantages of the Association.
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7. INCOME AND PROPERTY:
(a) The income and property of the Association wheresoever derived shall be applied solely towards the promotion of the Objects or Purpose of the Association as per Rule 3 above and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise, by way of profit to any Member.
(b) Nothing in this Rule shall prevent the payment of an honorarium in return for services rendered to the Association and approved by the Committee for payment for goods and services provided to the Association by a Member or Members.
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8. QUALIFICATION FOR MEMBERSHIP:
There shall be the following classes of Member:
(a) Ordinary Member
A Member who has complied with the conditions of Rule 9. Ordinary Members are entitled to cast a vote at any meeting of Members. A Member paying a Joining fee and Subscription will be considered to have committed to these Rules and to the By-Laws of the Association and will thereby become entitled to enjoy the rights, privileges and advantages of the Association. The Member is to be given a copy of these Rules and the By-Laws.
(b) Honorary Member
The Committee may confer Honorary Membership upon any person, other than those otherwise defined under this Rule, such Membership being tenable for a period determined by the Committee. A Member may request an extension of such Membership for a further temporary period upon written application to, and subject to the decision of, the Committee. Honorary Members shall not have voting rights. Honorary Members shall be subject to all statutory regulations prevailing in respect to control of the Association’s activity current from time to time and will be entitled to enjoy the privileges and advantages of the Association.
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(c) Life Member
The Committee shall recommend the conferring of Life Membership on any Member who by virtue of exceptional or meritorious or valuable service to the work and aims of the Association is deemed to be worthy of such honour. The recommendation is to be ratified by an Ordinary Resolution at an Annual General Meeting. No more than one Life Membership shall be conferred in any such twelve month period and shall carry with it the benefits as set out in By Law 8. Life Members shall retain the full voting and other rights as has been conferred upon them as Ordinary Members, except where otherwise defined or inferred.
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9. CONDITIONS OF MEMBERSHIP:
(a) Each applicant for Membership shall make, complete, sign and forward to the Membership Officer, a written application in such form as the Committee shall decide.
(b) Where a subscription and /or Joining Fee is payable, such application for membership shall not be ratified until such payment has been confirmed.
(c) No person defined under Rule 8 shall hold himself out to have authority to bind or incur any liability whatsoever on behalf of the Association without specific prior authority from a member of the Committee. The person concerned shall report his action to the next
following Committee meeting.
(d) When the “holding out” referred to in Rule 9 (c) above is by a Member of the Committee, then such person must seek ratification of their action at a meeting of the Committee, prior to any binding or incurring of liability by the Association.
(e) Any breach under the above sub-section shall give cause for the invoking of Rule 12 of these Rules.
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10. REGISTER OF MEMBERS:
A Register of Members shall be maintained by the Membership Officer, such Register to contain the membership number, name and a residential, postal or email address of each member.
11. SUBSCRIPTIONS AND FEES:
(a) The subscription for each class of Member (where applicable) shall be determined each year by the Committee for recommendation to the Members at the Annual General Meeting. In the event of a new class of Member being established, the initial rate of subscription shall be set at that time. The establishment of a new class of Member must be in accordance with the provisions of Rule 23 of the Rules. A sub-category of Ordinary Member as defined under Rule 8 (a), and established purely for subscription purposes, shall not be deemed a new class of Member.
(b) Annual subscriptions for fee paying members shall become due and payable on the first day of March in each and every year provided that new Members joining the Association in the months of:
i) March to October, shall pay the annual subscription in full;
ii) from 1 November in any financial year, shall pay 50% of the annual subscription.
(c) A new prospective Member shall be required to pay a Joining Fee as determined by the Committee. An unfinancial Member as determined in Rule 11 (d) below, shall be exempted from this fee if re-joining within twelve (12) months of the date of the lapse of his membership.
(d) Final notices shall be mailed to the last recorded address of all fee paying Members who have not paid their annual subscription by the first day of April each year. The Membership Officer is to be responsible for the mailing of such notices. Renewals shall be paid before the
last day of April or membership shall be deemed to have lapsed and shall remain so until all outstanding subscriptions have been paid. A prospective Member shall ensure that his subscription and other fees are paid within two (2) months of application, or his prospective
membership shall lapse.
12. TERMINATION OF MEMBERSHIP:
(a) The Committee may suspend or terminate the membership of any Member by a majority of at least two thirds (2/3) of those present and voting at a Committee meeting.
(b) A Member shall be given fourteen (14) days notice in writing of a proposed motion of suspension or termination and it shall be posted by Registered Mail to the last recorded address in the Association’s Register of Members. Such notice shall contain, in summary form, the reason(s) for the proposed motion.
(c) A Member who is subject to such suspension or termination, shall have the right of being heard in his own defence by the Committee, by giving written notice to the Secretary within fourteen (14) days of the date of the registered receipt of the notice of intention to suspend
or terminate his membership. If, for whatever reason no such written notice is received by the Secretary within the specified allowed time, the Member shall have no right to be heard, the action being effective immediately from the expiry of the fourteen (14) days from the posting of the notice referred to in Rule 12 (b). The Committee retains the right to exercise discretion or otherwise decide the action to be taken. If a hearing is to be held, then the Secretary shall arrange such on a date and at a venue suitable to all parties.
(d) If a hearing is held and the Committee proceeds with the motion to suspend or terminatethe membership of a Member, such a Member may, within fourteen (14) days of the hearing, deliver to the Secretary, a written Notice of Appeal. Such Appeal shall be referred
to the next following Annual General Meeting or to an Extraordinary General Meeting, at which a Special Resolution will be necessary for the Appeal to succeed. If the Appeal is lost, then the Member shall have no further Right of Appeal. When a Member lodges an Appeal
under the provisions of this sub-section, then action by the Committee to determine the matter shall be stayed until the Appeal hearing is determined at an Annual or Extraordinary General Meeting.
(e) In the event of the suspension or termination being successful, the Member shall not be entitled to any refund of subscriptions or other fees paid to the Association nor of any costs incurred by him as a result of the action.
(f) Any suspended or terminated member shall return to any Officer appointed to receive same, any books, papers or other Association property within his possession or otherwise, within seven (7) days of the date of the finalization of the action.
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13. COMMITTEE OF MANAGEMENT:
The Committee shall consist of such number of Members being not less than eight (8) nor more than ten (10), including the positions listed in sub-section 13 (f) below, as shall for the time being be determined by the Association on a motion at an Annual General Meeting.
Subject to decisions of the Board, the Committee shall be the controlling and governing authority for the management of the Association and its affairs.
(a) A person will be prohibited from sitting on the Committee of Management of the
Association (without prior approval from the Commissioner for Consumer Protection) where
they:
(i) are an undischarged bankrupt or their affairs are being managed under insolvency Laws
(ii) have been convicted of an offence in connection with the promotion, formation or management of a body corporate
(iii) have been convicted of an offence involving fraud or dishonesty punishable on conviction by three months or more imprisonment; and/or
(iv) have been convicted of an offence under Division 3 (the duties of Officers provisions) or Section 127 ( the duty with respect to incurring of debt) of the Act.
(b) The Committee shall be elected at the Annual General Meeting and shall hold Office for one (1) year or until the next following Annual General Meeting.
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(c) Any member retiring at the end of their elected term of Office, shall be eligible for re- election.
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(d) All positions shall be Honorary.
(e) Should a vacancy occur during the year, a Member may be co-opted by the Committee to fill that vacancy and/or Office. Any Member so co-opted shall retain office only until the next following Annual General Meeting when he will be eligible for election.
(f) The Offices of the Committee of Management for the Association shall be:
i) PRESIDENT
ii) VICE-PRESIDENT
iii) SECRETARY
iv) TREASURER
v) ASSISTANT TREASURER
vi) MEMBERSHIP OFFICER
The President shall be ex-officio a member of all Sub-committees.
(g) Any Office or other Committee position not filled as required under Rule 14 shall be re-opened at the Annual General Meeting. Members present may be proposed and seconded and elected at that Meeting, any vacancy still remaining after this
procedure being filled at the discretion of the Committee under Rule 13 (e) above.
(h) The duties and responsibilities of the various Offices shall be determined by the Committee. These shall be recorded in writing and held by the Secretary. The Secretary shall advise newly elected Officers of their duties and responsibilities in writing.
(i) A Committee Member who fails to attend three (3) consecutive Committee Meetings without both an apology and a valid reason, shall automatically disqualify himself as a member of the Committee. The Committee shall be empowered to remove from his position any Committee or Sub-committee member who is considered to have acted in any way prejudicial to the interests of the Associations and/or its Members. Such decision by the Committee must be by a majority of at least two thirds (2/3) of those present and voting at a Committee meeting.
(j) All candidates nominating for election at an Annual General Meeting, must be nominated by two (2) Members, all parties signing the completed appropriate nomination form. These nominations, together with a brief written profile of the candidates (whenever possible), must be lodged with the Secretary by the 31 March in the year of nomination. Only candidates who are Members at the time of closing of nominations on 31 March shall be eligible to stand for election to the Committee.
(k) A Member may nominate for more than one (1) position, each nomination to be on a separate form.
(l) Outgoing Committee and Sub-committee Members shall return all Association documents and records in their possession to the Committee within fourteen (14) days of their appointment ceasing.
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14. ELECTIONS:
(a) The Secretary shall compile a list, in writing, of the candidates in alphabetical order, under the heading of the Office of the person nominated for, the Officers or positions referred to being set out in the order of voting as listed under Rule 13 (f). Unless requested to the contrary by a candidate, or for some other valid reason, the Secretary shall attach to the list a brief profile, submitted by the candidate, in relation to the nominated position. The list, together with the candidate profiles, shall be notified by the Secretary to all Members’ not less than twenty one (21) days prior to the date of the Annual General Meeting at which the elections are to be held. Non receipt by a Member shall not be grounds for invalidating the proceedings.
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b)
i) Where nominations for any Office or Committee position exceed the number required, balloting lists shall be prepared by the Secretary, to contain the names of the nominees’ only, in alphabetical order.
ii) The order of voting shall be as set out in Rule 13 (f) to be followed by the other Committee positions. Any Member not marking his voting paper in a ballot for as many candidates as there are vacancies, shall be deemed to have lodged an invalid vote, subject to the necessary number of nominations being on the voting paper.
iii) Election of Officers and other Committee members shall be by a secret ballot whenever the number of candidates exceeds one (1) in the case of a single vacancy or, in the case of a number of vacancies, exceeds that number.
(iv) When two (2) or more candidates than are required, obtain an equal number of votes, a fresh ballot shall be held between the tied nominees’ immediately after the first ballot or subsequent ballots.
v) When there are more than two (2) candidates for any Office as set out in Rule 13 (f) the counting of votes shall be by the preferential method.
vi) When there are more than the required number of candidates for the other Committee positions, then the counting of votes shall be by the “First Past the Post” method.
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c) There shall be no proxy or postal voting for election of the Committee.
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15. MEETINGS OF COMMITTEE:
(a) The Committee shall meet at least monthly and may refer any matter to the next General Meeting.
(b) The President shall act as Chairperson at all meetings of the Committee excepting in his absence the Vice-President shall so act or in their absence, any other Officer elected by the members present.
(c) The Chairperson of any meeting may, in addition to his deliberative vote, exercise a casting vote in the event of there being an equal number of votes for and against any motion.
(d) The Committee shall appoint such Sub-committees as it deems necessary and shall appoint the Chairperson. When the Sub-committee is of such a nature that it will be expending Association funds then the Committee will also appoint a treasurer. Sub-committees may co-opt for any purpose. Rule 13 (i) shall apply to all Sub-committees.
In Addition:
i) All members of Sub-committees, other than persons co-opted for special purposes, shall be Association Members.
ii) Sub-committees shall dissolve at the date of each Annual General Meeting however they may be reformed and their members (except co-opted members) reappointed by the incoming Committee.
iii) The Committee may terminate a Sub-committee at any time.
iv) Sub-committees shall hold regular meetings, keep accurate Minutes and Book of Accounts (as applicable) and shall report regularly to the Committee.
v) Sub-committees shall not bind the Association on matters of policy or capital expenditure.
vi) Copies of Minutes of all Sub-committee meetings shall be forwarded to the Association Secretary promptly after confirmation.
(e) In addition to a Chairperson, a quorum at a Committee meeting shall be four (4) Members and a quorum of any Sub-committee meeting shall be two (2) Members.
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16. TREASURER:
(a) All funds shall be banked in an operating and/or investment account(s) with the branch of a Bank or Banks or other Financial Institution recognized under the Law of Western Australia and approved by the Committee. Funds shall only be withdrawn for the purposes indicated in Rules 3, 4 and 7.
(b) All cheques and other negotiable instruments shall be signed by any two (2) of the following:
i) PRESIDENT
ii) VICE-PRESIDENT
iii) SECRETARY
iv) TREASURER
v) ASSISTANT TREASURER.
Cheques and other negotiable instruments involving funds managed by Sub-committees,
shall be signed by nominees named by that Sub-committee and endorsed by the Committee.
(c) The Treasurer shall present to the Committee a monthly Statement of Receipts and Payments and such other information it may require, or at such intervals as it may request. Such Statement of Receipts and Payments shall be available for perusal by any Member at a
time and place deemed suitable by the Treasurer.
(d) The financial records of the Association and its Sub-committees shall be audited annually. Audited Financial Statements shall be submitted to the Annual General Meeting.
(e) Proper accounting records for the Association shall be prepared and maintained by the Treasurer, and by the financial officer(s) of those Sub-committees having responsibility for and control of funds. Such records and supporting documents shall be submitted to the Auditor(s) as shall be required.
(f) The financial year shall commence on the first day of March in each Calendar year.
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17. AUDITOR
An Auditor or Auditors shall be appointed at the Annual General Meeting each year. If the Annual General Meeting fails to appoint an Auditor or Auditors then such appointment(s) shall be delegated to the Committee.
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18. GENERAL MEETINGS:
(1) ANNUAL GENERAL MEETINGS:
(a) The Meeting shall be held during May of each year and the Committee shall fix the date of that Meeting. If a situation arises whereby the Rules would be breached if the foregoing was not complied with, then the date may be extended, but not beyond 30th day of June of that year.
(b) Members shall receive written notice of such Meeting together with copies of the Agenda and such other documents as are appropriate, not less than twenty one (21) days before such Meeting.
(c) A quorum at any Annual General Meeting shall be twenty (20) Members.
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d) The President shall act as Chairperson at all Meetings, except in his absence the Vice- President shall so act or, in their absence, the Members’ present shall appoint any Officer or other Member to so act.
(e) The Chairman may, in addition to his deliberative vote, exercise a casting vote in the event of their being an equal number of votes for and against any motion.
(f) Whenever possible, Meetings shall be held on a week day or week night.
(g) If circumstances arise such that the date of any Meeting be altered, seven (7) clear days notice, in writing, shall be given to all Members, subject to the restrictions in Rule 18 (1).
(h) Non receipt of a notice of a Meeting by a Member shall not invalidate the proceedings.
(2) EXTRAORDINARY GENERAL MEETING:
(a) All Members shall be given not less than 21 days notice, in writing, by the Secretary, such notice specifying the time and place of the Meeting, and the nature of the business to be discussed.
(b) The Committee, or alternatively, any number of Members, being not less than ten (10) percent of the total number of Members at the date of the Petition, shall be entitled to call or requisition an Extraordinary General Meeting by petitioning the Secretary, in writing, to
all such a Meeting. The Petition by the Members must contain the membership number, name and signature of each of the Petitioning Members.
(c) Rules 18 (1) (c) to 18 (1) (i) inclusive, shall apply to an Extraordinary General Meeting except that the restriction of 30th June mentioned in Rule 18 (1) (a) shall not apply.
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19. MINUTES OF MEETING:
Accurate Minutes of all Meetings, including the Committee, Sub-committees and Annual and Extraordinary General Meetings shall be kept. These shall be signed by the Chairperson of the Meeting concerned when approved and shall be chronologically maintained by the Secretary.
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20. VOTING RIGHTS
(a) Each Member present at any valid Meeting shall have one (1) vote.
(b) There shall not be proxy or postal voting on any motion at any valid Meeting of the Association.
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21. RECORDS
(a) A written record of By-Laws promulgated from time to time by the Committee shall be
vailable for Members’ perusal. All changes to the By-Laws shall be valid and binding on all Members after notification in writing, until determined by the members’ voting thereon. Any change intended to be permanent shall be included as an Agenda item for discussion at the next following Annual General Meeting where such change to the By-Laws shall be made by an Ordinary Resolution.
(b) An Archival collection containing items of interest affecting the Association or applying to its Objects or Purpose, shall be maintained by the Archivist appointed under Clause 1 of the By- Laws.
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(c) A Register of Assets of the Association shall be maintained, including the Music Collection, such Register shall disclose the location of those Assets and their valuation as determined by the Treasurer and agreed to by the Auditor(s).
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22. INSPECTION OF RECORDS:
(a) A Member may, at any reasonable time, inspect without charge, the books, documents, records and securities of the Association. A Member may request to be provided with a copy of the Register of Members, for which he shall be charged a reasonable sum as determined by the Committee. In such case, the member must provide a statutory declaration setting out the purpose for which the copy of the Register of Members is required.
(b) The Committee may refuse to permit inspection of confidential material, such as confidential
personal, employment, commercial or legal matters. However, all Members shall be given
the right to inspect the rules of the Association, minutes of General Meetings of the
Association at any reasonable time, the register of Members and the Register of Office
Bearers.
(c) Nothwithstanding (a) above, the Association shall keep all Members personal details
confidential, unless the member gives permission in writing for their information to be
disclosed, subject to the Privacy Act 1988 as amended in 2018.
23. ALTERATION TO THE RULES:
(a) Any Member may move for an amendment by submitting in writing to the Secretary a draft of
the proposed change, such notice to specify the details of the proposed amendment and an
explanation of the reason for the proposed change.
(b) All motions submitted by Members to change or add any Rule must have the membership
numbers and names in block letters plus signatures of the proposer and a seconder appearing
thereon, such names to be easily identified.
(c) The Committee shall have the right to recommend an amendment to an Annual or an
Extraordinary General Meeting without the necessity for the names and other details of a
proposer and seconder to be contained within the submission.
(d) The Secretary shall notify all Members, in writing, under the provisions of) Rules 18 (1) (b) and
18 (2) (a) as the case may be, such notice to specify the details of the proposed amendment and
the reason such amendment is considered necessary.
(e) No new Rules(s) or existing Rules(s) shall be altered or repealed, until such proposal has been
presented in writing for the consideration of the Committee. In placing the Rules amendments
before a General Meeting the Committee may recommend the change or otherwise. A Special
Resolution shall be required for the amendment to be ratified.
24. COMMON SEAL:
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The Seal Holders shall be the President, Vice-President, Secretary and Treasurer. The Common Seal
of the Association shall be in the custody of the President from time to time and shall be affixed to
any document only pursuant to a resolution of the Committee. The affixation of the Common Seal
shall be signed and witnessed by any two of the Seal Holders of the Association
25. AFFILIATED ASSOCIATION OR CLUB:
(a) Any legally constitution Association or Club established in Australia and having Objects or Purpose
similar wholly or in part to the Objects or Purpose of this Association, shall be entitled to apply to
become affiliated.
(b) All applications for affiliation shall be in writing, signed by the President and Secretary of the
applicant Body and forwarded to the Association Secretary, who shall submit such application to
the next following meeting of the Committee.
(c) If at such Meeting it shall be resolved by a Special Resolution of the members of the Committee
present and voting that the applicant Body be granted affiliation, then such Body shall be entitled
to appropriate privileges under conditions as determined by the Committee.
26. DISPUTE RESOLUTION:
A Member or former member of the Association can be appointed by the Committee as a Mediator
providing he has no personal interest in the matter subject to mediation and he is not biased in
favour of or against any party to the mediation.
(a) The parties to the mediation must attempt in good faith to settle the matter that is the
subject of the mediation.
(b) Each party to the mediation must give the Mediator a written statement of the issues that
need to be considered at the mediation at least 5 days before the mediation takes place.
(c) In conducting the mediation , the mediator must –
(i) give each party to the mediation every opportunity to be heard; and
(ii) allow each party to the mediation to give due consideration to any written
statement given by another party; and
(iii) ensure that natural justice is given to the parties to the mediation throughout the
mediation process.
(d) The mediator cannot determine the matter that is the subject of the mediation.
(e) The mediation must be confidential, and any information given at the mediation cannot be used
in any other proceedings that take place in relation to the matter that is the subject of the
mediation
(f) The costs of the mediation are to be paid by the party or parties to the mediation that requested
the appointment of the mediator.
27. DISSOLUTION:
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(a) The Association may be dissolved by a Special Resolution of Members voting in favour of
Dissolution at an Extraordinary General Meeting called for such purpose. The Assets of the
Association shall thereby be released.
(b) If, upon the dissolution or winding up of the Association, there remains after the satisfaction
of all its debts and other liabilities, any property whatsoever, the same shall be paid to or
distributed to some other Association Incorporated, having Objects or Purpose similar
wholly or in part to the Objects or Purpose of the Association and which shall prohibit the
distribution of its or their income and property among its or their Members.
(c) Such Institution(s) in receipt of Assets must be exempt from Income Tax under Section 50
sub-section 45 of the Income Tax Assessment Act 1998, which Institution(s) shall be
determined at or before the time of dissolution or winding up.
(d) In default thereof or if and insofar as effect cannot be given to such determination, then
such payment or distribution shall be determined by a Judge of the Supreme Court of
Western Australia, on application by the last elected Committee.