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Adopt 2025 NSW model constitution #47

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Adopt 2025 NSW model constitution #47

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c64eaff
Adopt the 2024-05-31 version of NSW Model constitution
rstuart Jan 19, 2025
c2c655b
Change clause auto numbering to text based
rstuart Jan 19, 2025
a4d73c5
Bring the new model constitution in line with one old one
rstuart Jan 19, 2025
f8a21cd
Add the purpose and objects of the association
rstuart Jan 19, 2025
8c5da76
changed prompted by review comments
rstuart Jan 28, 2025
69e3d86
Explicity allow internalional memberships
rstuart Feb 3, 2025
7233e8f
Expand objects, simplify membership processing
rstuart Feb 11, 2025
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15 changes: 8 additions & 7 deletions constitution.md
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Expand Up @@ -50,7 +50,7 @@ _MemApp-1_: An application by a person to be a member of the association must be

_MemApp-2_: The committee may determine that an application may be made or lodged by email or other electronic means.

_MemApp-3_: The secretary must refer an application to the committee as soon as practicable after receiving the application.
_MemApp-3_: The secretary must determine whether to approve or reject the application or refer the nomination to the committee which is to determine whether to approve or to reject the nomination.
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❓ Is there a need to provide the committee with the ability to review the secretary's decision?

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I think the final decision has to lie with the committee, not one person.

However, in practice with LA there one bunny doing the work (who is not always the secretary), they delegate contentious ones (like overseas) to the committee and approve the rest on the spot. I tried to allow for that here.

It would be a rare organisation that had the entire committee review every application. I suspect unheard of in one with as many members as LA. The existing wording in the model constitution must be good enough to cover that. I think I'll just revert to the original text.


_MemApp-4_: The committee must approve or reject the application.

Expand All @@ -75,17 +75,16 @@ _MemReg-2_: The register:
- a residential, postal or email address, and
- the date on which the person became a member, and
- if the person ceases to be a member - the date on which the person ceased to be a member, and
* _MemReg-2-NSW_: must be kept in New South Wales:
* _MemReg-2-NSW_: if not elecronic must be kept in Australia:
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*electronic

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Thanks @miiichael. I fixed this in 8c5da76, but sorry I forgot to acknowledge you.

- at the association’s main premises, or
- if the association has no premises - at the association’s official address, and
* _MemReg-2-Ins_: must be available for inspection, free of charge, by members at a reasonable time, and
* if kept in electronic form - must be able to be converted to hard copy.
* _MemReg-2-Ins_: must be available for inspection, free of charge, by members at a reasonable time.

_MemReg-3_: If the register is kept in electronic form, the requirements in subclause _MemReg-2-NSW_ and _#MemReg-2-Ins_ apply as if a reference to the register is a reference to a current hard copy of the register.

_MemReg-4_: A member may obtain a hard copy of the register, or a part of the register, on payment of a fee of not more than $1, as determined by the committee, for each page copied.

_MemReg-5_: Information about a member, other than the member’s name, must not be made available for inspection if the member requests that the information not be made available.
_MemReg-5_: No information about a member, other than the member’s name can be made available for inspection unless the member authorises that information to be released.
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❓ How does this interact with MemReg-2-Ins, since the register contains additional information and must be made available for inspection?

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I confess I don't know. The clause in the model constitution is: MemReg-5: Information about a member, other than the member’s name, must not be made available for inspection if the member requests that the information not be made available. I changed it from opt out to opt in. I presume the original was prepared by lawyers and it worked, so this must work too.


_MemReg-6_: A member must not use information about a member obtained from the register to contact or send material to the member, unless:

Expand All @@ -109,6 +108,8 @@ _MemFee-2_: A member must pay to the association an annual subscription fee of $
- before the first day of the financial year of the association in each subsequent calendar year, or
* otherwise - before the first day of the financial year of the association in each calendar year.

_MemFee-3_: If the annual membership fee due in any calendar year is $0, the committee may choose to request explicit membership renewal. In this case the secretary shall notify members no later than 1 August that they must renew their membership using a procedure as outlined in the notification, or cease to be members from 1 October that year.

### _MemLia_: Members' liabilities

_MemLia-1_: The liability of a member of the association to contribute to the payment of either of the following is limited to the amount of any outstanding fees for the member under clause _MemFee_.
Expand Down Expand Up @@ -232,7 +233,7 @@ _ComEle-1_: Any member of the association may be nominated as a candidate for el
_ComEle-2_: The nomination must be:

* made in writing, and
* signed by at least 2 members of the association, not including the candidate, and
* signed by at least 2 members of the association, and
* accompanied by the written consent of the candidate to the nomination, and
* given to the secretary at least 7 days before the date fixed for the annual general meeting at which the election is to take place.

Expand Down Expand Up @@ -650,7 +651,7 @@ _AdmIns-4_: The committee may refuse to allow a member to inspect or obtain a co
_AdmFin-1_: The association’s financial year is:

* The period commencing on the date of incorporation of the association and ending on the following 30 June, and
* each period of 12 months after the expiration of the previous financial year, commencing on 1 July and ending on the following 30 June.
* each period of 12 months after the expiration of the previous financial year, commencing on 1 October and ending on the following 30 September.

Note: The Regulation, section 21 contains a substitute clause 44 for certain associations incorporated under the Associations Incorporation Act 1984.
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❓ Does this apply? We probably want to either remove this line, or use the substitute clause, depending on whether it does apply.

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Looks like it doesn't apply as there was a "Associations Incorporation Act 1985", and LA was incorporated long after that. I'll remove it.

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For the record: I checked the Regulation, and rather than being anything important, section 21 just provides transitional arrangements for pre-2022 associations to have more flexibility in their financial year if their constitution doesn't cover it; since we're choosing a specific arrangement here it isn't relevant.


Expand Down