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Constitution INJURED WORKERS ASSOCIATION (IWA) OF SOUTH AUSTRALIA 1. NAME
INCORPORATED
CONSTITUTION CHAPTER I: PREAMBLE
The name of the association shall be 'Injured Workers Association (IWA) of South Australia Incorporated' hereinafter referred to as the "Association".2. FINANCIAL YEAR The first financial year of the Association shall be the period ending on 30/6/1998, and thereafter ending a period of 12 months in each year.
3. DEFINITIONS In these rules, unless stated elsewhere to the contrary:- 3.1 An 'injured worker' is one who falls into at least one of the following categories: (a) A person who sustains an injury from engaging in employment or in the course of employment; (b) A relative of a person in (a) above; (c) Any other category of persons as may be determined from time to time by the Association. 3.2 The 'Act' means the Associations Incorporation Act, 1985; 3.3 The 'WRC Act' means the Workers Rehabilitation and Compensation Act, 1986 (as amended); 3.4 'Member' means a member of the Association; 3.5 'Committee' means the Executive Committee of the Association.CHAPTER II: OBJECTIVES, POWERS, PRINCIPLES AND POLICIES Article 1
OBJECTIVESThe objectives of the Association are:
1.1 To unreservedly support every injured worker who acts, within the law, on his/her own behalf to draw attention to the unique nature of their own circumstances, as they deem necessary/appropriate, without apology, condemnation or obstruction/inhibition;
1.2. To engage in community education and publicity of the issues affecting injured workers;
1.3. To foster the implementation of a fair, equitable and sustainable workers compensation system, which is free from corruption, maladministration, fraud, negligence, discrimination and mismanagement of claims and which does not disadvantage injured workers;
1.4. To lobby all levels of government in South Australia in particular, and in Australia in general, political parties, public and private organisations and the community on issues which concern the welfare of injured workers;
1.5. To foster the improvement of the WRC Act through contributing to amendments ;
1.6. To represent the interests of injured workers generally and that of individual members, on request by an injured worker;
1.7. To provide emotional and physical support to injured workers and their families to the personal level requested, and in an environment of anonymity and confidentiality by all members;
1.8. To seek and obtain representation on the various state and national bodies which are involved in issues which may affect the interests of injured workers.
1.9. To commission and organise projects, social functions, activities and any other events, which would enable the association to achieve its objectives.
1.10. To co-operate actively with and support other groups and organisations with similar objectives.
1.11. To foster self-esteem, dignity, integrity and pride in every injured worker.
POWERS Article 2
To further its objectives the Association shall have, in addition to any statutory power, the following powers, to be exercised on its behalf by the Committee:
2.1 To buy, sell and supply goods of all kinds;
2.2 To seek financial assistance from government and non-government bodies and the public for the implementation of the Association's objectives;
2.3 To accept donations for the purposes of the Association;
2.4 To invest any of the funds of the Association not immediately required for the running costs of the Association in any form of legal investment as the Committee shall decide;
2.5. To pursue all such activities and functions as shall be incidental to the carrying out of the objectives of the Association.
PRINCIPLES & POLICIES Article 3
The Association is established as a non-profit organisation.
In pursuit of the Objectives stated in Article 1, the Association and its Members shall act in accordance with the following Principles:
3.1. Non-interference in the political, religious and other beliefs held by Members of the Association.
3.2. Mutual respect.
3.3. Solidarity, friendship and charity.
3.4. Non-discrimination and equality.
3.5. The Association, as a body, shall adhere to the principle of neutrality in politics and shall not be affiliated to any political party.
3.6. Officers of the Association shall adhere to the following principles in carrying out their duties:
(a) Selflessness
Officers shall make decisions solely in terms of the interests of the members of the Association. They shall not make decisions in order to gain financial or other material benefits for themselves, their families or their friends.(b) Integrity
Officers shall not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.(c) Objectivity
In carrying out public business, officers shall make choices on merit alone.(d) Accountability
Officers are accountable for their decisions and actions to the members of the Association.(e) Openness
Holders of public office should be as open as possible about all decisions and actions they take.(f) Honesty
Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the interests of the Association.(g) Leadership
Holders of public office shall promote and support these principles by leadership and example.
CHAPTER III: MEMBERSHIP Article 4
4.1. Membership of the Association is open to :
(a) Injured workers;
(b) Relatives of injured workers;
(c) Any other persons as may be decided by the Association.
4.2. Admission to membership of the Association shall be effected by a decision of the Committee.
MEMBERSHIP FEES Article 5
5.1. Membership fees shall be fixed by the Committee, subject to the approval of a majority of members voting in a General Meeting.
5.2. Membership fees shall be paid upon the acceptance of a new member and subsequently on or before the Annual General Meeting.
MEMBERSHIP CONDITIONS Article 6
6.1. Membership implies the acceptance of and compliance with the provisions of this Constitution and the payment of membership fees. Only financial members are eligible to vote at meetings of the Association.
6.2. Application for membership shall be made to the Committee by completion of prescribed application forms.
SUSPENSION OR TERMINATION OF MEMBERSHIP Article 7
7.1. Membership of the Association can be suspended for non-payment of membership fee. Full membership rights shall be restored upon payment of the membership fee.
7.2. Membership of the Association can be terminated for any of the following reasons:
(a) conduct considered by the Association to be detrimental or harmful to the objectives and/or image of the Association;
(b) non-compliance with the terms and requirements of the Constitution;
(c) non-payment of membership fees for a continuous period in excess of one year;
PROVIDED THAT the Association shall afford reasonable opportunity to the member to attend before it and make any representation or answer to the matters under consideration by the Association before any decision is made on the termination of membership.
7.3 Where membership is terminated, written notice of such termination shall be given to such a member and informing him/her of the right to request a review of the decision at the next General Meeting of the Association, by request to the Secretary in writing within 28 days of such notice having been sent. The decision of the General Meeting shall be final, but the Member shall be afforded the opportunity of making any representation to the General Meeting before decision is made.
CHAPTER IV: ORGANS/INSTITUTIONS Article 8
The Association shall have the following organs:
8.1. The Executive Committee;
8.2. Such Sub Committees as may be deemed necessary from time to time;
3. 8.3. Any other subsidiary organs which may be established from time to time, as may be necessary, to carry out specific functions.
CHAPTER V: THE EXECUTIVE COMMITTEE COMPOSITION
Article 9
9.1. The Executive Committee shall consist of the following officers who shall be elected by a majority of members:
(a) President
(b) Chairperson
(c) Secretary
(d) Treasurer
9.2. Sub Committees may be formed as required.
9.3. The paramount consideration in the selection of officers of the Executive Committee shall be the necessity of securing the highest standards of efficiency, competence and integrity of the Association.
FUNCTIONS AND POWERS Article 10
10.1. The Executive Committee shall be responsible to the members (General Meeting) and shall be entrusted with the management of the Association.
10.2. It shall be entrusted with the responsibility of promoting and achieving the Objectives of the Association as laid down in this present Constitution and as may be directed by the Association in a General Meeting.
10.3. The functions of each member of the Executive Committee shall be governed by the Constitution of the Association.
10.4. The Committee shall meet at least once bi-monthly or as often as required by the business of the Association, and report on its deliberations and activities to the General Meetings of the Association.
10.5. The quorum necessary for Committee meetings shall be three members, which must include either the President or the Chairperson.
10.6 The Committee may delegate individuals to perform duties and tasks required by the business of the Association.
10.7 The Committee shall perform such duties and exercise such powers as may be directed by members in the General Meetings of the Association.
MANNER AND TERMS OF APPOINTMENT: THE EXECUTIVE COMMITTEE Article 11
11.1. The affairs and general business of the Association shall be managed by the Executive Committee, referred to in this Constitution as the Committee.
11.2. The Executive Committee shall be elected in the following manner:
(a) All Committee Members shall be elected by the Annual General Meeting of the Association.
(b) All Executive Committee members shall be elected for a one-year term or the following Annual General Meeting.
11.3. Vacancies created by the resignation or suspension of a Committee member or other events shall be voted on by an Annual General Meeting.
11.4. Each Committee member is entitled to hold only one Committee office, however, he/she may assist other officers in the performance of their duties.
11.5. The office holders and members of the Committee shall be elected by secret ballot under the direction of the Returning Officer, unless there is only one nomination for a particular vacancy, in which case the Returning Officer shall declare such nominee duly elected for the position.
SUSPENSION FROM POSITION: EXECUTIVE COMMITTEE Article 12
12. A Committee member may be suspended from a Committee position by a majority vote of members in a General Meeting, on any of the following grounds:
(a) conduct considered by the Association to be detrimental or harmful to the objectives and/or image of the Association; or
(b) failure to attend three meetings of the Committee in a period of 12 months without prior notice or apology.
VOTING Article 13
13.1. Each member of the Executive Committee shall have one vote.
13.2. Decisions of the Executive Committee on all matters shall be made by an affirmative vote of three members.
PROCEDURE Article 14
14.1. The Executive Committee shall hold periodic meetings.
14.2. The Executive Committee shall adopt its own rules of procedure.
DUTIES AND POWERS: PRESIDENT Article 15
15.1. The President shall be the Public Officer of the Association.
15.2. The President shall ensure the safe-keeping of the Common Seal which shall be affixed only by resolution of the Executive Committee or of a General Meeting in the presence of two Executive Committee members.
15.3. The President shall chair Committee Meetings and General Meetings except that in the absence of the President, the Chairperson shall chair the meeting.
15.4. In the event that both the President and the Chairperson are unable to chair the meeting, another person may be appointed as chairperson for that meeting by the meeting.
15.5. The chairperson at any meeting shall have a casting vote if votes are equal.
15.6. The President together with the Chairperson and the Secretary shall prepare the agenda for Committee and General meetings.
15.7. The chairperson of a meeting shall encourage full, balanced participation by all members and shall decide on matters of order.
15.8. The chairperson of a meeting shall ensure that the minutes of proceedings at a meeting are signed at the next meeting.
15.9. The President shall be the spokesperson of the Association, but must consult with the Chairperson prior to issuing major policy pronouncements.
15.10. The spokesperson shall make statements in accordance with the Objectives, Principles and the Policies of the Association. Where the spokesperson is uncertain about these matters, he/she must consult with the Chairperson and at least one other member of the Committee before making a statement.
15.11. The President shall perform such other duties as may be determined by the Association from time to time.
DUTIES AND POWERS: CHAIRPERSON Article 16
16.1. In the absence of the President, the Chairperson shall chair Committee and General Meetings, except that in the absence of the Chairperson, any other person may be appointed as chairperson for that meeting.
16.2. The chairperson at any meeting shall have a casting vote if votes are equal.
16.3. The Chairperson together with the President and the Secretary shall prepare the agenda for Committee and General Meetings.
16.4. The chairperson of a meeting shall encourage full, balanced participation by all attending members and shall decide on matters of order.
16.5. The chairperson of a meeting shall ensure that the minutes of proceedings at a meeting are signed at the next meeting.
16.6. The President shall be the spokesperson of the Association, but must consult with the Chairperson prior to issuing major policy pronouncements.
16.7. The spokesperson shall make statements in accordance with the Objectives, Principles and the Policies of the Association. Where the spokesperson is uncertain about these matters, he/she must consult with the Chairperson and at least one other member of the Committee before making a statement.
16.8. The Chairperson shall perform such other duties as may be determined by the Association from time to time.
DUTIES AND POWERS: TREASURER Article 17
17.1. The Treasurer shall cause all moneys received to be paid into a bank account held in the name of the Association. Payments made by the Association shall be by cheque signed by two authorised signatories of whom there shall be no more than three appointed by the Association.
17.2. The Treasurer shall cause records to be kept of all receipts and payments and other financial transactions. Financial statements shall be available for inspection by any member of the Association on request.
17.3. The Treasurer shall cause to be prepared financial budgets and statements and shall, as often as may be required by the Association, submit a report on the finances to Committee and General Meetings.
17.4. The Treasurer shall ensure that annual Financial Statements comprising either an account of receipts and payments and a statement of assets and liabilities or an account of income and expenditure and a balance sheet shall be prepared following the end of the Association's financial year, which shall commence on 1st July and end on 30th June unless altered at a General Meeting.
17.5. The Treasurer shall perform such other duties as may be determined by the Association from time to time.
DUTIES AND POWERS: SECRETARY Article 18
18.1. The Secretary shall ensure that notice of meetings is given in accordance with the provisions of the Constitution.
18.2. The Secretary shall ensure that records are kept of the Association, including the Constitution and policies, records of members, a register of minutes of meetings and of notices, a file of correspondence, a separate book recording all correspondence received or sent by the Association, and records of submissions or reports made by or on behalf of the Association.
18.3. At the request of the Secretary or of a majority of the meeting another member shall be elected as minutes secretary.
18.4. The Secretary shall ensure that agenda and records of meetings are sent to all members.
18.5. The Secretary shall perform such other duties as may be determined by the Association from time to time.
CHAPTER VI: FINANCE Article 19
19.1. The budget of the Association prepared by the Committee shall be subject to approval by the majority of members in a General Meeting.
19.2. Funds shall be raised to fund the budget through:
(a) annual membership fees
(b) grants from governments and other private and public organisations
(c) proceeds from social, cultural and other activities organised by the Association
(d) donations to the Association
(e) any other legitimate sources of funds.
19.3. All incomes and funds of the Association shall be recorded in the accounts of the Association and used to further the Objectives and functions of the Association.
19.4 The assets and income of the Association shall be applied solely in furtherance of its objectives and no portion shall be distributed directly or indirectly to its members except as a bona fide compensation for services rendered or expenses incurred on behalf of the Association.
19.5. Proper books and accounts shall be kept and maintained showing correctly the financial affairs of the Association.
19.6. Auditors shall audit the Association's books of account and their Report shall be tabled at the Annual General Meeting of the Association.
INDEMNITY Article 20
Every member of the Association, Chairperson, President and other officers of the Association stand indemnified against any liability arising out of the bona fide execution of the duties of his/her office on behalf of the Association, which is incurred by him/her in defending any proceedings, whether civil or criminal, in which judgment is given in his/her favour or in which he/she is acquitted or in connection with any application under the appropriate law in which relief is granted to him/her by the Court in respect of any alleged negligence, default, breach of duty or breach of trust.
BY-LAWS AND REGULATIONS Article 21
The Association shall have the power from time to time to make, amend or repeal by-laws and /or regulations as may be required for the proper management and conduct of the affairs of the Association. No such by-laws and/or regulations so made shall contravene any of the provisions hereof or shall be ultra vires to the objectives of the Association.
CHAPTER VII: AMENDMENTS TO THE CONSTITUTION Article 22
This Constitution may be amended or revised if any member makes a written request to the Secretary to that effect; provided, however, that the proposed amendment is not presented in a General Meeting for consideration until all members have been duly notified of it and a period of one month has elapsed. Such an Amendment shall not be effective unless approved by at least two-thirds of all the members voting in a General Meeting.
CHAPTER VIII: MEETINGS CONVOCATION OF MEETINGS
Article 23
23.1 The Annual General Meetings of the association shall be held within four months of the conclusion of each financial year. The Committee shall provide all members at least fourteen (14) days notice of the date, time and place of the meeting, nominations received for Committee positions and Agenda of business to be conducted by the Annual General Meeting.
23.2 The business of the Annual General Meeting shall include: 23.2.1 Reports by the President, Chairperson, Secretary and Treasurer; 23.2.2 Election of members of the Committee; 23.2.3 To make decisions on issues and motions prescribed in the Agenda of the Meeting.
23.3. General Meetings of the Association shall be held at least three times a year, in addition to the Annual General Meeting, or as often as required by the activities of the Association. The Committee shall provide all members at least four (4) days notice of the date, time and place of the meeting, and the Agenda of business to be conducted by the General Meeting.
23.4. Upon the requisition in writing of not less than ten percent (>10%) of the total number of members of the Association, the Committee shall within one month of the receipt of the requisition, convene a Special General Meeting for the purpose specified in the requisition.
23.5. Every requisition for a Special General Meeting shall be signed by the members making the same and shall state the purpose of the meeting.
23.6. A notice may be given by the Association to any member by serving the member with the notice personally, or by sending it by post to the address appearing in the register of members.
23.7. Where notice is sent by post, service of the notice shall be deemed to be effected if it is properly addressed and posted to the member by ordinary prepaid mail.
PROCEEDINGS AT MEETINGS Article 24
24.1. Twelve members present personally shall constitute a quorum at any General or Annual General Meetings of the Association.
24.2. If within thirty minutes after the appointed time for the meeting a quorum of members is not present, a meeting convened upon requisition of members shall lapse. In any other case, the meeting shall stand adjourned to a day, time and place specified by those present and if at such adjourned meeting a quorum is not present within 30 minutes of the time appointed for the meeting the members present shall be deemed to form a quorum.
24.3. The President or a delegated representative shall chair Committee Meetings and General Meetings.
24.4. If the President and Chairperson absent within five minutes after the time appointed for holding the meeting, the members present may choose one of their number to be chairperson of the general meeting.
24.5. The chairperson of a general meeting may with the consent of any meeting at which a quorum is present, and shall if so directed by the meeting, adjourn from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
24.6. When a meeting is adjourned for 30 days or more, notice of the adjourned meeting shall be given as if that meeting were an original meeting of members.
24.7. At any General Meeting, a resolution put to the vote shall be decided by a show of hands, and a declaration by the chairperson of the meeting that a resolution has been carried or lost, shall unless a poll is demanded be conclusive evidence of the fact, without proof of the number or proportions of the votes recorded in favour of, or against, the resolution.
24.8. If a poll is demanded by the chairperson of the meeting or by three or more members present personally or by proxy, it shall be taken in such manner as the chairperson directs. The result of such poll shall be the resolution of the meeting, except that in the case of a special resolution a majority of not less than three quarters of the members who being entitled to do so vote personally or by proxy at the meeting is required.
24.9. A poll demanded on the election of a chairperson of a meeting or an any question of an adjournment, shall be taken at the meeting and without adjournment.
24.10 Only financial members are eligible to vote at the General and Annual General Meetings of the Association.
MINUTES Article 25
25.1. Proper minutes of all proceedings of meetings of the Association and of meetings of all its organs shall be entered in minute books kept for that purpose within one month after the relevant meeting.
25.2. The minutes kept pursuant to this rule shall be signed by the chairperson of the meeting at which the proceedings took place or by the chairperson of the next succeeding meeting.
25.3. Where minutes are entered and signed as duly held, all proceedings held at that meeting shall be deemed to have been duly held, and all appointments made at that meeting shall be deemed to be valid.
VOTING RIGHTS Article 26
Subject to these articles each financial member present in person or by proxy shall be entitled to one vote.
PROXIES Article 27
27.1 A member shall be entitled to appoint in writing a natural person who is also a member of the Association to be his/her proxy, and to attend and vote at any meeting of the Association.
27.2 Each member is entitled to hold proxy on behalf of only one other member.
CHAPTER IX: CESSATION OF MEMBERSHIP Article 28
Any member of the Association may resign from membership by giving written notice thereof to the Secretary, Chairperson or the Public Officer (the President) of the Association. Any member so resigning shall be liable for any outstanding subscriptions which shall be recorded as a debt due to the Association.
CHAPTER X: MISCELLANEOUS PROVISIONS Article 29
1. The working language of the Association shall be English.
2. The Executive Committee may accept, on behalf of the Association, gifts, bequests and other donations made to the Association, provided that it is in accordance with the principles and policies of the Association. All gifts, bequests and donations shall be lodged with the Treasurer within seven (7) days of receipt and shall be reported in the treasurer's report immediately following their receipt.
ACCOUNTS Article 30
The Association shall keep such accounting records as are necessary to correctly record and explain financial transactions and financial position of the Association.
DISSOLUTION Article 31
31.1 The Association may be dissolved by a Special General Meeting called for that purpose and approved by at least a three quarter (3/4) majority vote of members eligible to vote at the meeting.
31.2 Notice of intention of dissolution of the Association shall be sent in writing to all members at least twenty-one (21) days before the meeting.
31.3 On dissolution all property of the Association whether real or personal remaining after satisfaction of all legal debts and liabilities shall be transferred to such other non-profit organisation, as shall be determined by the same Special General Meeting that approved the dissolution of the Association.
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