RULES OF THE ASSOCIATION

DONATE-A-$-A-WEEK INC.

 

TABLE OF CONTENTS

PART I-PRELIMINARY

    1        Name

    2         Purposes

    3         Financial year

    4         Definitions

PART 2-POWERS OF ASSOCIATION

    5         Powers of Association

    6         Not for profit organisation

PART 3-MEMBERS, DISCIPLINARY PROCEDURES AND GRIEVANCES
Division I-Membership

    7         Minimum number of members

    8         Members

    9         Application for membership

    10       Consideration of application

    11      New membership

    12      Annual subscription and fee on joining

    13       General rights of members

    14      Associate members

    15      Rights not transferable

    16      Ceasing membership

    17      Resigning as a member

    18      Register of members

Division 2-Disciplinary action

    19      Grounds for taking disciplinary action

    20       Disciplinary subcommittee

   21       Notice to member

    22       Decision of subcommittee

    23       Appeal rights

   24       Conduct of disciplinary appeal meeting

Division 3-Grievance procedure

   25       Application

   26       Parties must attempt to resolve the dispute

   27       Appointment of mediator

   28       Mediation process

   29       Failure to resolve dispute by mediation

PART 4-GENERAL MEETINGS OF THE ASSOCIATION

   30       Annual general meetings

   31       Special general meetings

   32       Special general meeting held at request of members

    33       Notice of general meetings

    34       Proxies

    35       Use of technology

   36       Quorum at general meetings

   37       Adjournment of general meeting

   3 8      Voting at general meeting

   39       Special resolutions

   40       Determining whether resolution carried

   41       Minutes of general meeting

PART 5-THE BOARD

Division I-Powers of the Board

   42       Role and powers

   43       Delegation


 Division 2-Composition of Board and duties of members

    44       Composition of Board

    45       General Duties

    46       Chairperson and Deputy Chairperson

    47       Secretary

    48       Treasurer

Division 3-Election of Board members and tenure of office

    49       Who is eligible to be a Board member

    50       Positions to be declared vacant

    51      Nominations for Office Bearers

    52       Election of Office Bearers

    53       Election of ordinary members

    54       Independent Board member

    55       Co-Opt

    56       Ballot

    57       Term of office

    58       Vacation of office

    59       Filling casual vacancies

Division 4-Meetings of the Board

    60       Meetings of Board

    61       Notice of meetings

    62        Urgent meetings

    63       Procedure and order of business

    64       Use of technology

   65       Quorum

    66       Voting

    67       Conflict of interest

    68       Minutes of meeting

   69       Leave of absence

PART 6-FINANCIAL MATTERS

    70       Source of funds

    71      Management of funds

   72       Financial records

   73       Financial statements

   74       Establishment of the Public Fund

   75       Management of the Public Fund

   76       Receipts

   77       Winding up of the Public Fund or Revocation of Deductible Gift Recipient Status

   78       Prohibition from indemnity

PART 7-GENERAL MATTERS

   79       Common seal

    80       Registered address

   81       Notice requirements

    82       Custody and inspection of books and records

    83       Winding up and cancellation

    84       Alteration of Rules


 

PART I-PRELIMINARY

1 Name

The name of the incorporated association is Donate-A-$-A-Week Inc. "the Association".
2 Purposes

(1) The Association is established for the public charitable purposes of providing relief to
community causes including but not limited to poverty, misfortune, disability, suffering,
helplessness, disease and illness in Australia and overseas.

(2) To achieve its principal purposes the Association may, without limitation:

(a) Raise funds or encourage contributions by way of gifts, including recurring
donations, and providing these funds and/or gifts to eligible entities who provide
relief to such causes;

(b) Provide information about and raise awareness of the causes and! or charities
supported by the Association; and

(c) Carry out programs and public events to raise funds to provide relief to those in need.
3 Financial year

The financial year of the Association is each period of 12 months ending on 30 June.
4 Definitions

In these Rules:

absolute majority, of the Board, means a majority of the Board members currently holding
office and entitled to vote at the time (as distinct from a majority of Board members
present at a Board meeting);

associate member means a member referred to in rule 14(1);

Board means the Board having management, oversight and monitoring of the business ofthe Association including governance duties and delegable authority;

Board meeting means a meeting of the Board held in accordance with these Rules;

Board member means a member of the Board elected under Division 3 of Part 5;

Chairperson, of a general meeting or Board meeting, means the person chairing themeeting as required under rule 46;

disciplinary appeal meeting means a meeting of the members of the Association convenedunder rule 23(3);

disciplinary meeting means a meeting of the Board convened for the purposes of rule 22;

disciplinary subcommittee means the subcommittee appointed under rule 20;

donation means any gift of property or money made by any member of the general public
to the Association and donor has a corresponding meaning;

eligible entity means a fund, authority or institution which is charitable, and gifts to which
are deductible under item 1 of the table in section 30-15 of the Income Tax
Assessment Act
1997 and eligible entities has a corresponding meaning;

financial year means the 12 month period specified in rule 3;

general meeting means a general meeting of the members of the Association convened in
accordance with Part 4 and includes an annual general meeting, a special general
meeting and a disciplinary appeal meeting;

member means a member of the Association;

member entitled to vote means a member who under rule 13(2) is entitled to vote at a
general meeting;

special resolution means a resolution that requires not less than three-quarters of the
members voting at a general meeting, whether in person or by proxy, to vote in
favour of the resolution;

the Act means the Associations Incorporation Reform Act 2012 and includes any
regulations made under that Act;

the Registrar means the Registrar of Incorporated Associations.

PART 2-POWERS OF ASSOCIATION

5 Powers of Association

(1) Subject to the Act, the Association has power to do all things incidental or conducive to
achieve its purposes.

(2) Without limiting subrule (1), the Association may:

(a) acquire, hold and dispose of real or personal property;
(b) open and operate accounts with financial institutions;

(c) invest its money in any security in which trust monies may lawfully be invested;
(d) raise and borrow money on any terms and in any manner as it thinks fit;

(e) secure the repayment of money raised or borrowed, or the payment of a debt or

liability;

(f) appoint agents to transact business on its behalf;

(g) enter into any other contract it considers necessary or desirable;

(h) to receive grants and donations and to set up such public or other funds as required.
(3) The Association may only exercise its powers and use its income and assets (including any
surplus) for its purposes.

6 Not for profit organisation

(1) The Association must not distribute any surplus, income or assets directly or indirectly to
its members.

(2) Subrule (1) does not prevent the Association from paying a member:
(a) reimbursement for expenses properly incurred by the member; or
(b) for goods or services provided by the member

if this is done in good faith on terms no more favourable than if the member was not a
member.

PART 3-MEMBERS, DISCIPLINARY PROCEDURES AND GRIEVANCES

Division 1-Membership

7 Minimum number of members

The Association must have at least 5 members.

 

8 Members

(1) Any person who supports the purposes of the Association is eligible for membership
(2) The members are:

(a) the members at the date of the adoption of these Rules;
(b) the Board members; and

(c) the members who are admitted to membership in accordance with Division 1 of these
Rules.

(3) The Board may decide to create classes of membership with the same or differing rights or
privileges.

9 Application for membership

(1) To apply to become a member of the Association, a person must submit a written

application to a Board member stating that the person:

(a) wishes to become a member of the Association; and
(b) supports the purposes of the Association; and

(c) agrees to comply with these Rules.

(2) The application:

(a) must be signed by the applicant; and
(b) may be accompanied by the joining fee.

10 Consideration of application

(1) As soon as practicable after an application for membership is received, the Board must
decide by resolution whether to accept or reject the application.

(2) The Board must notify the applicant in writing of its decision as soon as practicable after
the decision is made.

(3) If the Board rejects the application, it must return any money accompanying the
application to the applicant.

(4) No reason need be given for the rejection of an application.

11 New membership

(1) If an application for membership is approved by the Board:

(a) the resolution to accept the membership must be recorded in the minutes of the
Board meeting; and

(b) the Secretary must, as soon as practicable, enter the name and address of the new
member, and the date of becoming a member, in the register of members.

(2) A person becomes a member of the Association and, subject to rule 13(2), is entitled to
exercise his or her rights of membership from the date, whichever is the later, on which:

(a) the Board approves the person's membership; or

(b) the person pays the joining fee.

12 Annual subscription and fee on joining

(1) The liability of a member is limited to the amount (if any) unpaid by the member in
respect of any other annual subscription.

(2) The Board, at its final Board meeting of the financial year, must determine:

(a) the amount of the annual subscription (if any) for the following financial year; and 

(b) the date for payment of the annual subscription,

to be voted on for approval by the members at the next annual general meeting.

(3) The Association may determine that a lower annual subscription is payable by associate
members.

(4) The Association may determine that any new member who joins after the start of a

financial year must, for that financial year, pay a fee equal to:

(a) the full annual subscription; or

(b) a pro rata annual subscription based on the remaining part of the financial year; or
(c) a fixed amount determined from time to time by the Association.

(5) The rights of a member (including the right to vote) who has not paid the annual
subscription by the due date are suspended until the subscription is paid.

13 General rights of members

(1) A member of the Association who is entitled to vote has the right:

(a) to receive notice of general meetings and of proposed special resolutions in the

manner and time prescribed by these Rules; and

(b) to submit items of business for consideration at a general meeting; and
(c) to attend and be heard at general meetings; and

(d) to vote at a general meeting; and

(e) to have access to the minutes of general meetings and other documents of the
Association as provided under rule 82; and

(f) to inspect the register of members.

(2) A member is entitled to vote if:

(a) the member is a member other than an associate member; and

(b) more than 10 business days have passed since he or she became a member of the
Association; and

(c) the member's membership rights are not suspended for any reason.

14 Associate members

(1) Associate members of the Association include:
(a) any members under the age of 15 years; and

(b) any other category of member as determined by the Board

(2) An associate member must not vote but may have other rights as determined by the Board
or by resolution at a general meeting.

15 Rights not transferable

The rights of a member are not transferable and end when membership ceases.

16 Ceasing membership

(1) The membership of a person ceases on resignation, expulsion or death.

(2) If a person ceases to be a member of the Association, the Secretary must, as soon as
practicable, enter the date the person ceased to be a member in the register of members.

17 Resigning as a member

(1) A member may resign by notice in writing given to the Association.
(2) A member is taken to have resigned if:

(a) the member's annual subscription is more than 12 months in arrears; or
(b) where no annual subscription is payable:

(i) the Secretary has made a written request to the member to confirm that he or
she wishes to remain a member; and

(ii) the member has not, within 3 months after receiving that request, confirmed in
writing that he or she wishes to remain a member.

18 Register of members

(1) The Secretary must keep and maintain a register of members that includes:
(a) for each current member:

(i) the member's name;

(ii) the address for notice last given by the member;
(iii) the date of becoming a member;

(iv) if the member is an associate member, or any other category of member, a note
to that effect;

(v) any other information determined by the Board; and

(b) for each former member, the date of ceasing to be a member.

(2) Any member may, at a reasonable time and free of charge, inspect the register of
members.

Division 2-Disciplinary action

19 Grounds for taking disciplinary action

The Association may take disciplinary action against a member in accordance with this
Division if it is determined that the member:

(a) has failed to comply with these Rules; or

(b) has failed to comply with the procedures or policies of the Association; or
(c) refuses to support the purposes of the Association; or

(d) has engaged in conduct prejudicial to the Association.

20 Disciplinary subcommittee

(1) If the Board is satisfied that there are sufficient grounds for taking disciplinary action
against a member, the Board must appoint a disciplinary subcommittee to hear the matter

               and determine what action, if any, to take against the member.                                      .

(2) The members of the disciplinary subcommittee:

(a) may be Board members, members of the Association or anyone else; but
(b) must not be biased against, or in favour of, the member concerned.

21 Notice to member

(1) Before disciplinary action is taken against a member, the Secretary must give written
notice to the member:

(a) stating that the Association proposes to take disciplinary action against the member;
and

(b) stating the grounds for the proposed disciplinary action; and

( c) specifying the date, place and time of the meeting at which the disciplinary
subcommittee intends to consider the disciplinary action (the disciplinary meeting);
and

(d) advising the member that he or she may do one or both of the following:

(i) attend the disciplinary meeting and address the disciplinary subcommittee at
that meeting;

(ii) give a written statement to the disciplinary subcommittee three business days
before the disciplinary meeting; and

(e) setting out the member's appeal rights under rule 23.

(2) The notice must be given no earlier than 28 days, and no later than 14 days, before the
disciplinary meeting is held.

22 Decision of subcommittee

(1) At the disciplinary meeting, the disciplinary subcommittee must:
(a) give the member an opportunity to be heard; and

(b) consider any written statement submitted by the member.

(2) After complying with subrule (1), the disciplinary subcommittee may:
(a) take no further action against the member; or

(b) subject to subrule (3):

(i) reprimand the member; or

(ii) suspend the membership rights of the member for a specified period; or
(iii) expel the member from the Association.

(3) The disciplinary subcommittee may not fme the member.

(4) The suspension of membership rights or the expulsion of a member by the disciplinary
subcommittee under this rule takes effect immediately after the vote is passed.

23 Appeal rights

(1) A person whose membership rights have been suspended or who has been expelled from
the Association under rule 22 may give notice to the effect that he or she wishes to appeal
against the suspension or expulsion,

(2) The notice must be in writing and given:

(a) to the disciplinary subcommittee immediately after the vote to suspend or expel the
person is taken; or

(b) to the Secretary not later than 48 hours after the vote.

(3) If a person has given notice under subrule (2), a disciplinary appeal meeting must be
convened by the Board as soon as practicable, but in any event not later than 21 days, after
the notice is received.

 (4) Notice of the disciplinary appeal meeting must be given to each member of the 

Association who is entitled to vote as soon as practicable and must:

(a) specify the date, time and place of the meeting; and

(b) state:

(i) the name of the person against whom the disciplinary action has been taken;
and

(ii) the grounds for taking that action; and

(iii) that at the disciplinary appeal meeting the members present must vote on
whether the decision to suspend or expel the person should be upheld or
revoked.

24 Conduct of disciplinary appeal meeting

(1) At a disciplinary appeal meeting:

(a) no business other than the question of the appeal may be conducted; and

(b) the Board must state the grounds for suspending or expelling the member and the
reasons for taking that action; and

(c) the person whose membership has been suspended or who has been expelled must be
given an opportunity to be heard.

(2) After complying with subrule (l), the members present and entitled to vote at the meeting
must vote by secret ballot on the question of whether the decision to suspend or expel the
person should be upheld or revoked.

(3) A member may not vote by proxy at the meeting.

(4) The decision is upheld if not less than three quarters of the members voting at the meeting
vote in favour of the decision.

Division 3-Grievance procedure

25 Application

(1) The grievance procedure set out in this Division applies to disputes under these Rules

between:

(a) a member and another member;
(b) a member and the Board;

(c) a member and the Association.

(2) A member must not initiate a grievance procedure in relation to a matter that is the subject
of a disciplinary procedure until the disciplinary procedure has been completed.

26 Parties must attempt to resolve the dispute

The parties to a dispute must attempt to resolve the dispute between themselves within 14
days of the dispute coming to the attention of each party.

27 Appointment of mediator

(l) If the parties to a dispute are unable to resolve the dispute between themselves within the
time required by rule 26, the parties must within 10 days:

(a) notify the Board of the dispute; and

(b) agree to or request the appointment of a mediator; and

(c) attempt in good faith to settle the dispute by mediation. 

(2) The mediator must be:

(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement:

(i) if the dispute is between a member and another member-a person appointed
by the Board; or

(ii) if the dispute is between a member and the Board or the Association-a person
appointed or employed by the Dispute Settlement Centre of Victoria.

(3) A mediator appointed by the Board may be a member or former member of the
Association but in any case must not be a person who:

(a) has a personal interest in the dispute; or

(b) is biased in favour of or against any party.

28 Mediation process

(1) The mediator to the dispute, in conducting the mediation, must:
(a) give each party 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 throughout the mediation
process.

(2) The mediator must not determine the dispute.

(3) The parties to the mediation will bear the mediation costs on an equal basis.


29 Failure to resolve dispute by mediation

If the mediation process does not resolve the dispute, the parties may seek to resolve the
dispute in accordance with the Act or otherwise at law.

PART 4-GENERAL MEETINGS OF THE ASSOCIATION

30 Annual general meetings

(1) The Board must convene an annual general meeting of the Association to be held within
5 months after the end of each financial year.

(2) Despite subrule (1), the Association may hold its first annual general meeting at any time
within 18 months after its incorporation.

(3) The Board may determine the date, time and place ofthe annual general meeting.
(4) The ordinary business of the annual general meeting is as follows:

( a) to confirm the minutes of the previous annual general meeting and of any special
general meeting held since then;

(b) to receive and consider:

(i) the annual report of the Board on the activities of the Association during the
preceding fmancial year; and

(ii) the financial statements of the Association for the preceding financial year
submitted by the Board in accordance with Part 7 of the Act;

(c) to elect the members of the Board;

(d) to confirm or vary the amounts (if any) of the annual subscription and joining fee.

(5) The annual general meeting may also conduct any other business of which notice has been
given in accordance with these Rules.

31 Special general meetings

(1) Any general meeting of the Association, other than an annual general meeting or a
disciplinary appeal meeting, is a special general meeting.

(2) The Board may convene a special general meeting whenever it thinks fit.

(3) No business other than that set out in the notice under rule 33 may be conducted at the
meeting.

32 Special general meeting held at request of members

(I) The Board must convene a special general meeting if a request to do so is made in
accordance with sub rule (2) by at least 10 of the total number of members.

(2) A request for a special general meeting must:

(a) be in writing; and

(b) state the business to be considered at the meeting and any resolutions to be proposed;
and

(c) include the names and signatures of the members requesting the meeting; and
(d) be given to the Secretary.

(3) lf the Board does not convene a special general meeting within one month after the date
on which the request is made, the members making the request (or any of them) may
convene the special general meeting.

(4) A special general meeting convened by members under sub rule (3):

(a) must be held within 3 months after the date on which the original request was made;
and

(b) may only consider the business stated in that request.

(5) The Association must reimburse all reasonable expenses incurred by the members
convening a special general meeting under sub rule (3).

33 Notice of general meetings

(1) The Secretary (or, in the case of a special general meeting convened under rule 32(3), the
members convening the meeting) must give to each member of the Association:

(a) at least 21 days' notice of a general meeting if a special resolution is to be proposed
at the meeting; or

(b) at least 14 days' notice of a general meeting in any other case.
(2) The notice must:

(a) specify the date, time and place ofthe meeting; and

(b) indicate the general nature of each item of business to be considered at the meeting;
and

(c) if a special resolution is to be proposed:

(i) state in full the proposed resolution; and

(ii) state the intention to propose the resolution as a special resolution; and 

(d) comply with rule 34(5).

(3) This rule does not apply to a disciplinary appeal meeting.

34 Proxies

(l) A member may appoint another member as his or her proxy to vote and speak on his or
her behalf at a general meeting other than at a disciplinary appeal meeting.

(2) The appointment of a proxy must be in writing and signed by the member making the
appointment.

(3) The member appointing the proxy may give specific directions as to how the proxy is to
vote on his or her behalf, otherwise the proxy may vote on behalf of the member in any
matter as he or she sees fit.

(4) If the Board has approved a form for the appointment of a proxy, the member may use any
other form that clearly identifies the person appointed as the member's proxy and that has
been signed by the member.

(5) Notice of a general meeting given to a member under rule 33 must:

(a) state that the member may appoint another member as a proxy for the meeting; and
(b) include a copy of any form that the Board has approved for the appointment of a
proxy.

(6) A form appointing a proxy must be given to the Chairperson of the meeting before or at
the commencement of the meeting.

(7) A form appointing a proxy sent by post or electronically is of no effect unless it is
received by the Association no later than 24 hours before the commencement of the
meeting.

35 Use of technology

(1) A member not physically present at a general meeting may be permitted to participate in
the meeting by the use of technology that allows that member and the members present at
the meeting to clearly and simultaneously communicate with each other.

(2) For the purposes of this Part, a member participating in a general meeting as permitted
under subrule (1) is taken to be present at the meeting and, if the member votes at the
meeting, is taken to have voted in person.

36 Quorum at general meetings

(1) No business may be conducted at a general meeting unless a quorum of members is
present.

(2) The quorum for a general meeting is the presence (physically, by proxy or as allowed
under rule 35) of 10 of the members entitled to vote.

(3) If a quorum is not present within 30 minutes after the notified commencement time of a
general meeting:

(a) in the case of a meeting convened by, or at the request of, members under rule 32-
the meeting must be dissolved;

(b) in any other case:

(i) the meeting must be adjourned to a date not more than 21 days after the
adjournment; and

(ii) notice of the date, time and place to which the meeting is adjourned must be 

given at the meeting and confirmed by written notice given to all members as
soon as practicable after the meeting.

(4) If a quorum is not present within 30 minutes after the time to which a general meeting has
been adjourned under subrule (3)(b), the members present at the meeting (if not fewer than
3) may proceed with the business of the meeting as if a quorum were present.

37 Adjournment of general meeting

(I) The Chairperson of a general meeting at which a quorum is present may, with the consent
of a majority of members present at the meeting, adjourn the meeting to another time at
the same place or at another place.

(2) Without limiting subrule (1), a meeting may be adjourned:

(a) if there is insufficient time to deal with the business at hand; or
(b) to give the members more time to consider an item of business.

(3) No business may be conducted on the resumption of an adjourned meeting other than the
business that remained unfinished when the meeting was adjourned.

(4) Notice of the adjournment of a meeting under this rule is not required unless the meeting
is adjourned for 14 days or more, in which case notice of the meeting must be given in
accordance with rule 33.

38 Voting at general meeting

(I) On any question arising at a general meeting:

(a) subject to subrule (3), each member who is entitled to vote has one vote; and
(b) members may vote personally or by proxy; and

(c) except in the case of a special resolution, the question must be decided on a majority
of votes.

(2) Ifvotes are divided equally on a question, the Chairperson of the meeting has a second or
casting vote.

(3) If the question is whether or not to confirm the minutes of a previous meeting, only
members who were present at that meeting may vote.

(4) This rule does not apply to a vote at a disciplinary appeal meeting conducted under rule
24.

39 Special resolutions

A special resolution is passed if not less than three quarters of the members voting at a
general meeting (whether in person or by proxy) vote in favour of the resolution.

40 Determining whether resolution carried

(1) Subject to subsection (2), the Chairperson of a general meeting may, on the basis of a

show of hands, declare that a resolution has been:

( a) carried; or

(b) carried unanimously; or

(c) carried by a particular majority; or

(d) lost

and an entry to that effect in the minutes of the meeting is conclusive proof of that fact.

(2) If a poll (where votes are cast in writing) is demanded by three or more members on any 

question:

(a) the poll must be taken at the meeting in the manner determined by the Chairperson of
the meeting; and

(b) the Chairperson must declare the result of the resolution on the basis of the poll.
(3) A poll demanded on the election of the Chairperson or on a question of an adjournment
must be taken immediately.

(4) A poll demanded on any other question must be taken before the close of the meeting at a
time determined by the Chairperson.

41 Minutes of general meeting

(1) The Board must ensure that minutes are taken and kept of each general meeting.

(2) The minutes must record the business considered at the meeting, any resolution on which
     a vote is taken and the result of the vote.

(3) In addition, the minutes of each annual general meeting must include:
(a) the names of the members attending the meeting; and

(b) proxy forms given to the Chairperson of the meeting under rule 34(6); and


(c) the financial statements submitted to the members in accordance with rule30(4)(b)(ii); and

(d) the certificate signed by two Board members certifying that the financial statements
give a true and fair view of the financial position and performance of the
Association; and

(e) any audited accounts and auditor's report or report of a review accompanying the
financial statements that are required under the Act.

PART 5-THE BOARD

Division 1-Powers of the Board

42 Role and powers

(1) The business of the Association must be managed by or under the direction of a Board.
(2) The Board may exercise all the powers of the Association except those powers that these
Rules or the Act require to be exercised by general meetings of the members of the
Association.

(3) The Board may:

(a) appoint and remove staff;

(b) establish subcommittees consisting of members with terms of reference it considers
appropriate.

43 Delegation

(1) The Board may delegate to a member of the Board, a subcommittee or staff, any of its
powers and functions other than:

(a) this power of delegation; or

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

(2) The delegation must be in writing and may be subject to the conditions and limitations the 

Board considers appropriate.

(3) The Board may, in writing, revoke a delegation wholly or in part.

Division 2-Composition of Board and duties of members

44 Composition of Board

The Board consists of:

( a) a Chairperson; and

(b) a Deputy Chairperson; and
(c) a Secretary; and

(d) a Treasurer; and

(e) ordinary members (if any) elected under rule 53; and

(f) One independent person under rule 54 at the discretion of the Board.

45 General Duties

(1) As soon as practicable after being elected or appointed to the Board, each Board member
must become familiar with these Rules and the Act.

(2) The Board is collectively responsible for ensuring that the Association complies with the
Act and that individual members of the Board comply with these Rules.

(3) Board members must exercise their powers and discharge their duties with reasonable care
and diligence.

(4) Board members must exercise their powers and discharge their duties:
(a) in good faith in the best interests of the Association; and

(b) for a proper purpose.

(5) Board members and former Board members must not make improper use of:
(a) their position; or

(b) information acquired by virtue of holding their position

so as to gain an advantage for themselves or any other person or to cause detriment to the
Association.

(6) In addition to any duties imposed by these Rules, a Board member must perform any other
duties imposed from time to time by resolution at a general meeting.

46 Chairperson and Deputy Chairperson

(1) Subject to subrule (2), the Chairperson or, in the Chairperson's absence, the Deputy
Chairperson is the Chairperson for any general meetings and for any Board meetings.

(2) If the Chairperson and the Deputy Chairperson are both absent, or are unable to preside,
the Chairperson of the meeting must be:

(a) in the case of a general meeting-a member elected by the other members present; or
(b) in the case of a Board meeting-a Board member elected by the other Board
members present.

47 Secretary

(1) The Secretary must perform any duty or function required under the Act to be performed
by the secretary of an incorporated association.

(2) The Secretary must:

(a) maintain the register of members in accordance with rule 18; and

(b) keep custody of the common seal (if any) of the Association and, except for the
fmancial records referred to in rule 72(3), all books, documents and securities of the
Association in accordance with rules 79 and 82; and

(c) subject to the Act and these Rules, provide members with access to the register of
members, the minutes of general meetings and other books and documents; and

(d) perform any other duty or function imposed on the Secretary by these Rules.

(3) The Secretary must give to the Registrar notice of his or her appointment within 14 days
after the appointment.

48 Treasurer

(1) The Treasurer must:

(a) receive all moneys paid to or received by the Association and issue receipts for those
moneys in the name of the Association; and

(b) ensure that all moneys received are paid into the account of the Association within
5 working days after receipt; and

(c) make any payments authorised by the Board or by a general meeting of the
Association from the Association's funds; and

(d) ensure cheques and electronic transfers are signed and/or approved by at least
2 Board members.

(2) The Treasurer must:

(a) ensure that the fmancial records of the Association are kept in accordance with the
Act; and

(b) coordinate the preparation of the financial statements of the Association and their
certification by the Board prior to their submission to the annual general meeting of
the Association.

(3) The Treasurer must ensure that at least one other Board member has access to the accounts
and financial records of the Association.

Division 3-Election of Board members and tenure of office

49 Who is eligible to be a Board member

(1) A member is eligible to be elected or appointed as a Board member if the member:

( a) is 18 years or over; and

(b) is entitled to vote at a general meeting.

(2) Any elected Board member who has held office for 3 consecutive terms (see rule 57), not
including part of a term filled as a casual vacancy, is not eligible to be re-elected without a
break of at least 3 years.

50 Positions to be declared vacant

(1) This rule applies to:  

(a) the first annual general meeting of the Association after its incorporation following
adoption of the Model Rules; or

(b) any subsequent annual general meeting of the Association, after the annual report
and fmancial statements of the Association have been received.

(2) The Chairperson of the meeting must declare all positions on the Board vacant and hold
elections for those positions in accordance with rules 51 to 53 and rule 56.

51 Nominations for Office Bearers

(1) Prior to the election of Office Bearers of the Board, the Chairperson shall appoint the
Secretary to chair the Board meeting for the election of the Chairperson. Upon election,
the Chairperson shall conduct the election of the other Office Bearers of the Board at the
Board meeting.

(2) An eligible member of the Association may:
(a) nominate themselves; or

(b) with the member's consent, be nominated by another member.

(3) A member who is nominated for a position and fails to be elected to that position may be
nominated for any other position for which an election is yet to be held.

52 Election of Office Bearers

(1) At the first Board meeting following the annual general meeting, separate elections must

be held for each of the following positions:

(a) Chairperson;

(b) Deputy Chairperson;
(c) Secretary;

(d) Treasurer.

(2) If only one member is nominated for the position, the Chairperson of the meeting must
declare the member elected to the position.

(3) Ifmore than one member is nominated, a ballot must be held in accordance with rule 56.

(4) On his or her election, the new Chairperson may take over as Chairperson of the meeting.

53 Election of ordinary members

(1) The annual general meeting must by resolution decide the number of ordinary members of
the Board (if any) it wishes to hold office for the next year.

(2) A single election may be held to fill all of those positions.

(3) If the number of members nominated for the position of ordinary Board member is less
than or equal to the number to be elected, the Chairperson of the meeting must declare
each of those members to be elected to the position.

(4) If the number of members nominated exceeds the number to be elected, a ballot must be
held in accordance with rule 56.

54 Independent Board member

(1) The Board may at its discretion appoint an Independent Board member to the Board.

(2) The independent Board member does not have voting rights and is appointed by the
unanimous decision of the Board.

(3) The term of appointment of the independent Board member shall be twelve (12) months.

(4) The independent Board member may be removed from office by the resolution of all 

voting members

55 Co-Opt

(1) The Board may:

(a) at its first meeting after the annual general meeting each year, and

(b) at any subsequent meeting,

co-opt up to 3 individuals as Board members

(2) Co-opted Board members must be, or become, members of the Association.

(3) The Board may by resolution decide when the term of office of a co-opted Board member
is to begin and end.

(a) The term of a co-opted Board member is to be no more than 2 years from date of
appointment.

(b) Following a two year appointment, a co-opted Board member must have a break of at
least 3 years

56 Ballot

(1) If a ballot is required for the election for a position, the Chairperson of the meeting must
appoint a member to act as returning officer to conduct the ballot.

(2) The returning officer must not be a member nominated for the position.

(3) Before the ballot is taken, each candidate may make a short speech in support of his or her
election.

(4) The election must be by secret ballot.

(5) The returning officer must give a blank piece of paper to:
(a) each member present in person; and

(b) each proxy appointed by a member.

(6) If the ballot is for a single position, the voter must write on the ballot paper the name of
the candidate for whom they wish to vote.

(7) If the ballot is for more than one position:

(a) the voter must write on the ballot paper the name of each candidate for whom they
wish to vote;

(b) the voter must not write the names of more candidates than the number to be elected.

(8) Ballot papers that do not comply with subrule (7)(b) are not to be counted.

(9) Each ballot paper on which the name of a candidate has been written counts as one vote
for that candidate.

(10) The returning officer must declare elected the candidate or, in the case of an election for
more than one position, the candidates who received the most votes.

(11) If the returning officer is unable to declare the result of an election under subrule (10)
because 2 or more candidates received the same number of votes, the returning officer
must:

(a) conduct a further election for the position in accordance with subrules (4) to (10) to
decide which of those candidates is to be elected; or

(b) with the agreement of those candidates, decide by lot which of them is to be elected.

57 Term of office

(1) Elected Board members hold office:

(a) from the end of the annual general meeting at which they are elected;

(b) until the end of the third annual general meeting after they are elected.

(2) Co-opted Board members hold office:

(a) from the time they are co-opted,

(b) Until determined by a majority vote of the Board members.

(3) Board members may be re-elected and co-opted again subject to clauses 52 to 54.
(4) The Board may by resolution passed by an absolute majority remove:

( a) a co-opted Board member; or

(b) an elected Board member who has failed to attend 3 consecutive Board meetings or
more without leave of absence under clause 69.

(5) A general meeting may by resolution:

(a) remove any Board member; and

(b) fill the resulting vacancy

(6) If there is a vacancy in its membership (including a vacancy not filled in accordance with
clause 30(4)(c) herein, the Board may appoint an individual who would be eligible to be
elected under these Rules to fill the vacancy for the remainder of the term of office as a
co-opted Board member.

(7) The Board may continue to act despite any vacancy in its membership.

(8) Even if it is subsequently found that a person who has acted as a Board member was not

properly elected or appointed, the validity of:

(a) the acts of that person as a Board member; and

(b) decisions of Board meetings in which that person has participated,
are not affected.

58 Vacation of office

(1) A Board member may resign from the Board by written notice addressed to the Board.
(2) A person ceases to be a Board member if he or she:

(a) ceases to be a member of the Association; or

(b) fails to attend 3 consecutive Board meetings (other than special or urgent Board
meetings) without leave of absence under rule 69; or

(c) otherwise ceases to be a Board member by operation of section 78 of the Act.

59 Filling casual vacancies

(1) The Board may appoint an eligible member of the Association to fill a position on the
Board that:

(a) has become vacant under rule 58; or

(b) was not filled by election at the last annual general meeting.

(2) If the position of Secretary becomes vacant, the Board must appoint a member to the
position within 14 days after the vacancy arises.

(3) Rule 57 applies to any Board member appointed by the Board under subrule (1) or (2). 

(4) The Board may continue to act despite any vacancy in its membership.

Division 4--Meetings of the Board

60 Meetings of Board

(1) The Board must meet at least 4 times in each year at the dates, times and places
determined by the Board.

(2) The date, time and place of the first Board meeting must be determined by the members of
the Board as soon as practicable after the annual general meeting of the Association at
which the members of the Board were elected.

(3) Special Board meetings may be convened by the Chairperson or by any 4 members of the
Board.

61 Notice of meetings

(1) Notice of each Board meeting must be given to each Board member no later than 7 days

before the date of the meeting.

(2) Notice may be given of more than one Board meeting at the same time.

(3) The notice must state the date, time and place of the meeting.

(4) If a special Board meeting is convened, the notice must include the general nature of the
business to be conducted.

(5) The only business that may be conducted at the meeting is the business for which the
meeting is convened.

62 Urgent meetings

(1) In cases of urgency, a meeting can be held without notice being given in accordance with
rule 61 provided that as much notice as practicable is given to each Board member by the
quickest means practicable.

(2) Any resolution made at the meeting must be passed by an absolute majority of the Board.

(3) The only business that may be conducted at an urgent meeting is the business for which
the meeting is convened.

63 Procedure and order of business

(1) The procedure to be followed at a meeting of a Board must be determined from time to
time by the Board.

(2) The order of business may be determined by the members present at the meeting.

64 Use of technology

(1) A Board member who is not physically present at a Board meeting may participate in the
meeting by the use of technology that allows that Board member and the Board members
present at the meeting to clearly and simultaneously communicate with each other.

(2) For the purposes of this Part, a Board member participating in a Board meeting as
permitted under subrule (1) is taken to be present at the meeting and, if the member votes
at the meeting, is taken to have voted in person.

65 Quorum

(1) No business may be conducted at a Board meeting unless a quorum is present.

(2) The quorum for a Board meeting is the presence (in person or as allowed under rule 64) of 

50% of the Board members holding office.

(3) If a quorum is not present within 30 minutes after the notified commencement time of a
Board meeting:

( a) in the case of a special meeting-the meeting lapses;

(b) in any other case-the meeting must be adj ourned to a date no later than 14 days
after the adjournment and notice of the time, date and place to which the meeting is
adjourned must be given in accordance with rule 61.

66 Voting

(1) On any question arising at a Board meeting, each Board member present at the meeting
has one vote.

(2) A motion is carried if a majority of Board members present at the meeting vote in favour
of the motion.

(3) Subrule (2) does not apply to any motion or question which is required by these Rules to
be passed by an absolute majority of the Board.

(4) If votes are divided equally on a question, the Chairperson of the meeting has a second or
casting vote.

(5) Voting by proxy is not permitted.

67 Conflict of interest

(1) A Board member who has a material personal interest in a matter being considered at a
Board meeting must disclose the nature and extent of that interest to the Board.

(2) The member:

(a) must not be present while the matter is being considered at the meeting; and

(b) must not vote on the matter.

(3) This rule does not apply to a material personal interest:

(a) that exists only because the member belongs to a class of persons for whose benefit
the Association is established; or

(b) that the member has in common with all, or a substantial proportion of, the members
of the Association.

68 Minutes of meeting

(1) The Board must ensure that minutes are taken and kept of each Board meeting.

(2) The minutes must record the following:

( a) the names of the rnember’s in attendance at the rneeting,

(b) the business considered at the meeting;

(c) any resolution on which a vote is taken and the result of the vote;

(d) any material personal interest disclosed under rule 67.

69 Leave of absence

(1) The Board may grant a Board member leave of absence from Board meetings for a period
not exceeding 3 months.

(2) The Board must not grant leave of absence retrospectively unless it is satisfied that it was
not feasible for the Board member to seek the leave in advance.

 

PART 6-FINANCIAL MATTERS

70 Source of funds

The funds of the Association may be derived from joining fees, annual subscriptions,
donations, fund-raising activities, grants, interest and any other sources approved by the
Board.

71 Management of funds

(1) The Association must open an account with a financial institution from which all
expenditure of the Association is made and into which all of the Association's revenue is
deposited.

(2) Subject to any restrictions imposed by a general meeting of the Association, the Board
may approve expenditure on behalf of the Association.

(3) The Board may authorise the Treasurer to expend funds on behalf of the Association
(including by electronic funds transfer) up to a specified limit without requiring approval
from the Board for each item on which the funds are expended.

(4) All electronic transfers, cheques, drafts, bills of exchange, promissory notes and other
negotiable instruments must be signed and/or approved by 2 Board members.

(5) All funds of the Association must be deposited into the financial account ofthe
Association no later than 5 working days after receipt.

(6) With the approval of the Board, the Treasurer may maintain a cash float provided that all
money paid from or paid into the float is accurately recorded at the time of the transaction.

72 Financial records

(1) The Association must keep financial records that:

(a) correctly record and explain its transactions, fmancial position and performance; and

(b) enable fmancial statements to be prepared as required by the Act.

(2) The Association must retain the financial records for 7 years after the transactions covered
by the records are completed.

(3) The Treasurer must keep in his or her custody, or under his or her control:

(a) the financial records for the current fmancial year; and

(b) any other financial records as authorised by the Board.

73 Financial statements

(1) For each financial year, the Board must ensure that the requirements under the Act relating
to the financial statements of the Association are met.

(2) Without limiting subrule (1), those requirements include:

(a) the preparation of the financial statements;

(b) if required, the review or auditing of the fmancial statements;

(c) the certification of the fmancial statements by the Board;

(d) the submission of the financial statements to the annual general meeting of the
Association;

(e) the lodgement with the Registrar of the financial statements and accompanying
reports, certificates, statements and fee.

74 Establishment of the Public Fund

(l) The Association will establish and maintain a public fund to be called Donate-A-$-A-
Week Inc. Foundation (or such other name as decided by the Board) ("the Public Fund"):

(a) to which gifts of money or property for those purposes and activity are to be made;

(b) to which any money received by the Association because of those gifts is to be
credited; and

(c) that does not receive any other money or property.

(2) The purposes of the Public Fund are the same as the principal purposes and principal
activity of the Association.

(3) A separate bank: account is to be opened to deposit money donated to the fund, including
interest accruing thereon, and gifts to it are to be kept separate from other funds of the
Association.

(4) The Association must maintain proper accounting records for the Public Fund.

(5) The signatories must be Australian resident members of the committee in charge of the
Public Fund.

(6) The Association must invite donations from the public to the Public Fund for the
promotion of the principal purposes and principal activity of the Association.

(7) The Public Fund will be operated on a not-for-profit basis. The Association must use the
following only for its principal purposes and no part may be paid, transferred or
distributed, directly or indirectly, by way of dividend, bonus or other profit distribution, to
any member or director:

(a) gifts made to the Public Fund; and

(b) any money received because of those gifts.

75 Management of the Public Fund

(l) A committee of management of no fewer than 3 persons will administer the Public Fund.

The committee will be appointed by the Association.

(2) A majority of the members of the committee are required to be responsible persons, being
persons having a degree of responsibility to the general community by reason of their
occupation or standing in the community.

(3) If there is not a majority of Board Members who are responsible persons, the Board must
delegate the power to administer the Public Fund to a sub-committee of not fewer than 3
persons, a majority of whom are responsible persons.

76 Receipts

(1) Receipts for gifts to the Public Fund must be made in the name of the Public Fund and:

(a) state the number of the receipt;

(b) state the name and ABN of the Association;

(c) state the name of the Public Fund;

(d) state the name of the donor;

(e) state the amount of the gift, the fact that it was a gift and the date the gift was
received;

(f) include the signature of a person authorised to act on behalf of the Public Fund.

77 Winding up of the Public Fund or Revocation of Deductable Gift Recipient Status

(1) lf the Association is wound up or its endorsement as a deductible gift recipient is revoked
(whichever occurs first), any surplus of the following assets shall be transferred to another
association or organisation with similar purposes, which is charitable at law, to which
income tax deductible gifts can be made:

(a) gifts of money or property for the principle purposes of the association or
organisation;

(b) contributions made in relation to an eligible fundraising event held for the principal
purpose of the association or organisation; and

(c) money received by the organisation because of such gifts and contributions.

78 Prohibition from indemnity

(1) Any persons in the committee of management of the Public Fund or their agent or
employee is prohibited from being indemnified from the Public Fund if the loss, liability,
cost or expense is attributable to:

(a) the dishonesty of that person or their agent or employee

(b) gross negligence or recklessness of that person or their agent or employee; and

(c) a deliberate act or omission known by that person, agent or employee to be a breach
of trust.

PART 7-GENERAL MATTERS

79 Common seal

(1) The Association may have a common seal.
(2) lf the Association has a common seal:

(a) the name of the Association must appear in legible characters on the common seal;
(b) a document may only be sealed with the common seal by the authority of the Board
and the sealing must be witnessed by the signatures of two Board members;

(c) the common seal must be kept in the custody of the Secretary.

80 Registered address

The registered address of the Association is:

(a) the address determined from time to time by resolution of the Board; or

(b) if the Board has not determined an address to be the registered address-the postal
address of the Secretary.

81 Notice requirements

(1) Any notice required to be given to a member or a Board member under these Rules may
be given:

(a) by handing the notice to the member personally; or

(b) by sending it by post to the member at the address recorded for the member on the
register of members; or

(c) by email or facsimile transmission.

(2) Subrule (1) does not apply to notice given under rule 62.

(3) Any notice required to be given to the Association or the Board may be given:

( a) by handing the notice to a member of the Board; or

(b) by sending the notice by post to the registered address; or 

(c) by leaving the notice at the registered address; or

(d) if the Board determines that it is appropriate in the circumstances:

(i) by email to the email address of the Association or the Secretary; or

(ii) by facsimile transmission to the facsimile number of the Association.

82 Custody and inspection of books and records

(1) Members may on request inspect free of charge

(a) the register of members;

(b) the minutes of general meetings;

(c) subject to subrule (2), the financial records, books, securities and any other relevant
document of the Association, including minutes of Board meetings.

(2) The Board may refuse to permit a member to inspect records of the Association that relate
to confidential, personal, employment, commercial or legal matters or where to do so may
be prejudicial to the interests of the Association.

(3) The Board must on request make copies of these rules available to members and
applicants for membership free of charge.

(4) Subject to subrule (2), a member may make a copy of any of the other records of the
Association referred to in this rule and the Association may charge a reasonable fee for
provision of a copy of such a record.

(5) For purposes of this rule:

relevant documents means the records and other documents, however compiled, recorded
or stored, that relate to the incorporation and management of the Association and
includes the following:

(a) its membership records;

(b) its financial statements;

(c) its financial records;

(d) records and documents relating to transactions, dealin~s, business or property of
the Association.

83 Winding up and cancellation

(1) The Association may be wound up voluntarily by special resolution.

(2) In the event of the winding up or the cancellation of the incorporation of the Association,
the surplus assets of the Association must not be distributed to any members or former
members of the Association.

(3) Subject to the Act and any court order made under section 133 of the Act, the surplus
assets must be given to a body that has similar purposes to the Association and which is
not carried on for the profit or gain of its individual members.

(4) The body to which the surplus assets are to be given must be decided by special
resolution.

84 Alteration of Rules

These Rules may only be altered by special resolution of a general meeting of the
Association.                                                                                                                                                                                                        

RULES on ACNC Site

1st September 2017

You may also view the Rules of DA$AW Inc. on the Australian Charities and not for Profit Commission (ACNC) site at:- 

https://www.acnc.gov.au/RN52B75Q?ID=016BB380-54F8-46BF-9D55-10D5E1E5703A&noleft=1 

Once there you can locate the link to the Rules of DA$AW Inc. midway down the page  on the R/Hand side under sub-heading  "Charity's Documents"

 

REGULATORY LINKS

Our operations are governed by a number of Regulatory bodies where you may check our bona fides. See  the following Regulatory sites -

ACNC - The Australian Charities and Not for Profit Commission - -https://www.acnc.gov.au/RN52B75Q?ID=016BB380-54F8-46BF-9D55-10D5E1E5703A&noleft=1

ABR - Australian Business Register -

https://abr.business.gov.au/SearchByName.aspx?SearchText=Donate-A-%24-A-Week

CAV - Community Affairs Victoria -

https://www.consumer.vic.gov.au/clubs-and-fundraising/incorporated-associations/search-for-an-incorporated-association?id=889dcf68-a096-e711-810f-3863bb350d98