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CONSTITUTION
FOR
VICTORIAN HUNGARIAN COUNCIL INC
ENDORSED
BY THE GENERAL MEETING ON:
29th DAY OF SEPTEMBER 2010
PURPOSE & MISSION – ENDORSED 29TH SEPTEMBER 2010
Purpose
The Purpose of the Victorian Hungarian Council is to promote
and represent the mutual interests of the Hungarian
Communities in Victoria
Mission
The Mission of the Victorian Hungarian Council is to enhance
and strengthen the cohesiveness of the Hungarian Community
as part of the Australian Society
A
TABLE OF CONTENTS
Purpose ................................................................................................................................. 2
Mission .................................................................................................................................. 2 CONSTITUTION .................................................................................................................. 1
VICTORIAN HUNGARIAN COUNCIL INCORPORATED ............................................. 1
1. Name ......................................................................................................................... 1
2 Structure .................................................................................................................... 1
3 Definitions ................................................................................................................. 1
4 Alteration of the Terms of the Constitution .......................................................... 2
4 Membership, Application, Entry Fees and Subscription .................................... 2
5 Register of Members ............................................................................................... 6
6 Ceasing Membership .............................................................................................. 6
8 Disputes and mediation .......................................................................................... 9
9 Annual General Meeting ....................................................................................... 10
10 Meetings of the Council .................................................................................... 11
11 Special Business of the Council ...................................................................... 11
12 Notice of Meetings of the Council ................................................................... 12
13 Quorum at Meetings of the Council ................................................................ 12
14 Presiding at Meetings ........................................................................................ 13
15 Adjournment of Meetings .................................................................................. 13
16 Voting at Meetings ............................................................................................. 13
17 Poll at Meetings .................................................................................................. 14
18 Manner of Determining Whether Resolution Carried ................................... 14
20 Officers of the Council ....................................................................................... 15
21 The President ..................................................................................................... 16
22 Election of Councillors ....................................................................................... 16
24 Vacancies ............................................................................................................ 17
25 Meetings of the Committee .............................................................................. 17
26 Notice of the Meetings of the MCC ................................................................. 17
27 Quorum for Meetings of the MCC ................................................................... 17
28 Presiding at Meetings of the MCC .................................................................. 18
29 Voting at the Meetings of the MCC ................................................................. 18
30 Removal of President and/or Councillors ....................................................... 18
31 Minutes of Meetings .......................................................................................... 19
32 Funds ................................................................................................................... 19
33 Notice to Members ............................................................................................. 19
34 Winding up .......................................................................................................... 19
35 Custody and inspection of books and records .............................................. 20
APPENDIX 1 .......................................................................................................................... i
Application for Membership of VICTORIAN HUNGARIAN COUNCIL ......................... i
Schedule of Fees ................................................................................................................ iii
Schedule 1 ........................................................................................................................... iii
CONSTITUTION – VICTORIAN HUNGARIAN COUNCIL INC.
ENDORSED – 29th September 2010 1
CONSTITUTION
VICTORIAN HUNGARIAN COUNCIL INCORPORATED
1. Name
The name of the Incorporated Council shall be ―Victorian Hungarian Council
Incorporated‖ ("the Council‖ or ―VHC").
1.1. The Council is a not for profit organisation;
1.2. Members of the Council remain independent organisations;
1.3. Members must adopt and shall follow the Terms of the Constitution.
2 Structure
2.1 Victorian Hungarian Council shall exercise its functions through:
2.1.1 Annual General Meeting,
2.1.2 Special General Meeting and
2.1.3 Quarterly Meetings of the Council
2.2 The elected President and the Councillors form the Management
Committee to convene meetings and manage the affairs of the Victorian
Hungarian Council.
2.3 The Management Committee of the Council may establish Sub
Committees or Project Groups from the entire Membership for
completion of specific tasks of the Council.
Definitions
In these Rules, unless the contrary intention appears—
“the Act” means the Associations Incorporation Act 1981 (Vic).
“Committee” means the Management Committee of the Council (―MCC‖);
“Council” means the total membership of the Victorian Hungarian Council as
an incorporated organisation (―VHC‖);
“Councillor” refers to a Member of the Council who is elected to be part of the
Management Committee of the Council (including Officers of the Council);
“Delegated Representative” refers to an individual who is authorised by a
Member organisation representing that Member at the Meetings of the Council;
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“Officer of the Council” means a Councillor who holds an Office in the
Management Committee of the Council;
“Financial year” means the year ending on 30 June in each year or such other
date as the MCC may from time to time determine;
“Management Committee of the Council” is the managing body of the
Council (―MCC‖);
“Member” if not specified, may refer to categories such as: Member, Associate
Member and Honorary Member of the Victorian Hungarian Council;
“Meetings” if not specified, may refer to any meetings, including Annual
General Meeting, Special General Meetings and the Quarterly Meetings of
Council;
“Meetings of the MCC” refers to Committee Meetings or Special Committee
Meetings of the Management Committee of the Council;
“Regulations” means the regulations made under the Act;
“Rules” and ―Constitution” are both sharing the meaning of Section 14A(1) of
the Act, prescribed as – ―The rules of an incorporated association constitute the
terms of a contract between the incorporated association and its member for
the time being.‖
In these Rules, a reference to the Secretary of the Council is a reference to—
(a) a person who holds the office of Secretary of the Council under these
Rules; and
(b) in any other case, to the Public Officer of the Council.
3 Alteration of the Terms of the Constitution
3.1 The Terms of the Constitution cannot be altered except in accordance
with these Rules and with the Act.
4 Membership, Application, Entry Fees and Subscription
4.1 The Membership of the Council consists of three categories of
Membership:
4.1.1 Member;
4.1.2 Associate Member;
4.1.3 Honorary Members.
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4.2 Members of the VHC are community organisations that are separately
incorporated with rights to vote at the meetings of the Council.
4.3 Associate Members are separately constituted but unincorporated
groups with at least twenty (20) registered individual Membership with
current voting rights in the group.
4.4 Associate Member of the Council shall indemnify the Council from all
and any liabilities associated with their own group membership;
4.5 Associated Members shall be:
4.5.1 entitled but not obliged to attend at any Meetings of the Council;
4.5.2 entitled to but must pay Application Fees at a reduced rate;
4.5.3 keep all obligations and responsibilities of their own group wholly
separated from their Membership with the Council.
4.6 Pursuant to sub-rule 16.3 and provided that an Associate Member will
satisfy Rules 4.7 to 4.22, may obtain voting rights at the Meetings of the
Council.
4.7 Honorary Members are individuals with special skills and/or expertise
obtain special membership by invitation from the Council:
4.7.1 Honorary Members cannot vote at the meetings;
4.7.2 Honorary Members will not pay Application Fees and Subscription
Fees.
4.8 Members of the Council may include the following:
4.8.1 Foundation Members and Foundation Associate Members;
4.8.2 Hungarian community organisations and groups;
4.8.3 Hungarian Religious organisations;
4.8.4 Incorporated Health and Aged Care Service Organisations
providing substantial services to the Hungarian community in
Victoria;
4.8.5 Other not for profit organisations (eg. media organisations);
4.8.6 A corporate legal entity in partnership with a Hungarian Member
Organisation;
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4.8.7 Government agencies either Australian or Hungarian whose
activities relate to Hungarian community services and/or
Hungarian multicultural education and training;
4.9 All Members must nominate from one or more of the community
activities or services as their primary area of operation/interest:
4.9.1 Hungarian Tradition and History;
4.9.2 Cultural, Folklore and Language Heritage;
4.9.3 Social Activities;
4.9.4 Senior Citizens Services;
4.9.5 Sport and Recreational Activities;
4.9.6 Religion;
4.9.7 Family Services;
4.9.8 Youth and Children;
4.9.9 Education and Training;
4.9.10 Health/Aged Care Services;
4.9.11 Social Welfare or Community Planning Services;
4.9.12 Multicultural Education and Services;
4.9.13 Management Committee of the Council;
4.9.14 Other Specific Service
4.10 Subject to satisfactory compliance with sub-rules 4.12 and 4.13, the first
Annual General Meeting, the Council by a majority decision shall accept
all founding organisations and groups as Foundation Members or
Foundation Associate Members of the Council and record all such
Members in Schedule 1, Appendix 3 attached to this Constitution of the
Council.
4.11 Prior to the first Annual General Meeting of the Council each Member
shall provide:
4.11.1 Minutes from its Annual General Meeting or Special General
Meeting with confirmation by a majority resolution of its Members,
endorsing the Application.
4.11.2 Applicants for Associate Membership must produce Minutes or
other appropriately executed documents, showing the names,
signatures, addresses and contact numbers of each Member
present at the Meeting, supporting such Application.
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4.12 All organisational Members may delegate at least one person from their
membership with current voting rights to represent the Member
organisation at the meetings of the Council as a Delegated
Representative of that Organisation.
4.13 An Applicant for Membership including Foundation Membership
pursuant to these Rules will be eligible to be a Member of the Council on
payment of the initial Application Fees.
4.14 Members of the Council to maintain their Membership require further
payment of Annual Subscription Fees payable by 30 June of each
calendar year.
4.15 Subsequent to the foundation year, Applications for Membership of the
Council shall be made in writing by using the form, acceptable to the
Council, a sample Application Form is attached to this Constitution, as
Appendix 1.
4.16 Applications shall contain the written agreement of the Applicant to abide
by the Constitution of the Council and the Act while being a Member
thereof.
4.17 The Application is required to be submitted to the Secretary of the
Council.
4.18 As soon as practicable after the receipt of an Application, the Secretary
must present the Application to the MCC for determination.
4.19 The MCC must determine whether to approve or reject the Application.
4.20 If the MCC approves an application for Membership, the Secretary must,
as soon as practicable —
4.20.1 notify the applicant in writing of the approval for Membership; and
4.20.2 receipt payment of the amounts payable under these Rules as the
Application Fees.
4.21 The Secretary must, within 28 days after receipt of the amounts, enter
the applicant's name in the Register of Members, (Rule 5).
4.22 An Applicant for Membership becomes a Member of the Council when
the Applicant’s name has been entered in the Members’ Register.
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4.23 The registered Member or Associate Member will be bound by the
Rules, entitled to the rights and the privileges associated with the
Membership
4.24 A right, privilege, or obligation of a Member by reason of Membership of
the Council—
4.24.1 can be vested in their Delegated Representative(s);
4.24.2 must be terminated upon the cessation of Membership;
4.25 Membership cannot be transferred to another organisation or to another
individual (Honorary Member), but a Delegated Representative may be
recalled and/or replaced by the Member.
4.26 If the Application is rejected, the MCC must, as soon as practicable,
notify the Applicant in writing that the Application has been rejected.
4.27 The Application Fees are the relevant amount set out in Appendix 2 or
as determined by the MCC from time to time.
4.28 The Annual Subscription Fees are the amounts set out in Appendix 2 or
as determined by the MCC from time to time and are payable in advance
by 30 June of each calendar year.
5 Register of Members
5.1 The Secretary must keep and maintain separate Registers of the
Membership categories, containing—
5.1.1 the date on which each Member's name was entered in the
Register;
5.1.2 the names and addresses of registered Members, Associate
Members and Honorary Members as invited;
5.1.3 the contact details of the currently Delegated Representatives of
organisational Members; and
5.1.4 the primary areas of operation/interest of the new Member.
6 Ceasing Membership
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6.1 By Resignation: a Member of the Council who has paid all Fees due
and payable by a Member forwarding to the Secretary of the Council
Minutes from the Special and/or Annual General Meeting of their
organisation endorsing the resignation.
6.2 By Termination: if a Member has abandoned its Membership without
paying the due Fees, the Council may terminate the Membership. The
registration date for such termination shall be determined by the
resolution of the Council.
6.3 After the expiry of the 30 days from the resignation referred to in sub-rule
6.1 —
6.3.1 the Member ceases to be a Member; and
6.3.2 the Secretary must record in the relevant Register of Members
the date on which the Member ceased to be a Member.
7 Discipline, suspension and expulsion of Members
7.1 Subject to these Rules and the applicable provisions of the Act, if the
Council is of the opinion that a Member has refused or neglected to
comply with these Rules and/or the relevant statutory provisions, or has
been guilty of conduct unbecoming of a Member or prejudicial to the
interests of the Council, the Meeting of the Council may by resolution—
7.1.1 suspend that Member from Membership of the Council for a
specified period; or
7.1.2 expel that Member from the Council.
7.2 The aggrieved Member has the right to appeal against the resolution by
forwarding Notice of Appeal to the Secretary ;
7.2.1 if the Member exercises a right of appeal to the Council under this
rule, the Council may confirm or revoke the resolution in
accordance with this Rule.
7.3 A resolution of the Meeting under sub-rule 7.1 does not take effect
unless—
7.3.1 at a meeting held in accordance with these Rules and
7.3.2 the Council confirms the resolution according to sub-rule 7.4.
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7.4 The Secretary of the Council must, as soon as practicable, cause to be
given to the Member a written notice—
7.4.1 setting out the resolution of the Council and the grounds on which
it is based; and
7.4.2 stating that the Member, or his or her representative, may
address the Meeting of the Council at the next Meeting to be held
not earlier than 14 days and not later than 28 days after the notice
has been given to that Member; and
7.4.3 stating the date, place and time of that meeting; and
7.4.4 informing the Member that the Member may do one or both of the
following—
7.4.4.1 attend that meeting;
7.4.4.2 give to the Secretary of the Council a written statement
seeking the revocation of the resolution; and
7.4.5 informing the Member that, if at that Meeting, the Council confirms
the resolution, the Member, not later than 48 hours after that
meeting, give the Secretary a notice to the effect that the
Member has the right to appeal against the resolution to the
General Meeting of the Council.
7.5 If the Secretary receives a Notice of Appeal, the Secretary must notify
the Council forthwith. Upon such notice, the MCC must convene a
Special General Meeting of the Council to be held within 21 days after
the date on which the Secretary received the notice.
7.6 At a Special General Meeting of the Council convened under sub-rule
7.6 —
7.6.1 no business other than the question of the appeal may be
conducted; and
7.6.2 the MCC may place before the meeting details of the grounds for
the resolution and the reasons for the passing of the resolution;
and
7.6.3 the Member must be given an opportunity to be heard; and
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7.6.4 the Members present must vote by secret ballot on the question
whether the resolution should be confirmed or revoked.
7.7 A resolution is confirmed if, at the Special General Meeting, not less than
two-thirds of the Members vote in favour of the resolution.
7.8 In any other case, the resolution is revoked.
8 Disputes and mediation
8.1 The grievance procedure set out in the Act and this Rule applies to
disputes under these Rules between—
8.1.1 a Member and another Member; or
8.1.2 a Member and the Council.
8.2 The parties to the dispute must meet and discuss the matter in dispute,
and, if possible, resolve the dispute within 14 days after the dispute
comes to the attention of all of the parties.
8.3 If the parties are unable to resolve the dispute at the meeting, or if a
party fails to attend that meeting, then the parties must, within 10 days,
hold a meeting in the presence of a mediator.
8.4 The mediator must be—
8.4.1 a person chosen by agreement between the parties; or
8.4.2 in the absence of agreement—
8.4.2.1 in the case of a dispute between a Member and another
Member, a person appointed by the MCC; or
8.4.2.2 in the case of a dispute between a Member and the
Council, a person who is a mediator appointed or
employed by the Dispute Settlement Centre of Victoria
(Department of Justice) or such similar organisation set
up by the Government of Victoria to handle Dispute
Resolution.
8.5 A Member of the Council can be a mediator.
8.6 The mediator cannot be a Member who is a party to the dispute.
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8.7 The parties to the dispute must, in good faith, attempt to settle the
dispute by mediation.
8.8 The mediator, in conducting the mediation, must—
8.8.1 give the parties to the mediation process every opportunity to be
heard; and
8.8.2 allow due consideration by all parties of any written statement
submitted by any party; and
8.8.3 ensure that natural justice is accorded to the parties to the dispute
throughout the mediation process.
8.9 The mediator must not determine the dispute.
8.10 If the mediation process does not result in the dispute being resolved,
the parties may seek to resolve the dispute in accordance with the Act or
otherwise at law.
9 Annual General Meeting
9.1 The Annual General Meeting is the utmost forum of the Council. The
Members of the Council must observe Section 30 of the Act.
9.2 The Management Committee of the Council (MCC) may determine the
date, time and place of the Annual General Meeting of the Council.
9.3 The Annual General Meeting may conduct any special business of which
notice has been given in accordance with these Rules and the Act.
9.4 The notice convening the Annual General Meeting must specify that the:
9.4.1 meeting is an Annual General Meeting;
9.4.2 The ordinary business of the Annual General Meeting shall be—
9.4.2.1 to confirm the minutes of the previous Annual General
Meeting and of any Special General Meeting and
Quarterly Meeting of the Council held since that
Meeting; and
9.4.2.2 to receive from the MCC reports upon the transactions
of the Council during the last preceding financial year;
and
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9.4.2.3 to elect Councillors of the Management Committee of
the Council; and
9.4.2.4 to receive and consider the statement submitted by the
Council in accordance with Section 30(3) of the Act.
10 Meetings of the Council
10.1 The MCC may, whenever it thinks fit, convene a Special General
Meeting of the Council.
10.2 The Secretary of the MCC must convene regular Quarterly Meetings of
the Council.
10.3 Business conducted at the Quarterly Meeting of the Council may be
ordinary or special business of the Council.
10.4 The Annual General Meeting, Special General Meeting or Quarterly
Meeting of the Council may invite individuals to be Honorary Members of
the Council.
10.5 The MCC must, upon request by Members representing not less than 30
per cent of the total number of Members, convene a Quarterly Meeting
or a Special General Meeting.
10.6 The request for a Quarterly Meeting of the Council or a Special General
Meeting must be in writing and —
10.6.1 is forwarded to the address of the Secretary;
10.6.2 state the specific business, the matters to be presented to and
dealt with at the meeting; and
10.6.3 be signed by the Members requesting the meeting.
10.7 If the MCC does not cause a Quarterly Meeting or a Special General
Meeting to be held within one month, the Members may convene a
Quarterly Meeting of the Council or a Special General Meeting to be held
not later than 3 months after that date.
11 Special Business of the Council
11.1 All business that is conducted at a Quarterly Meeting of the Council and
all business that is conducted at the Annual General Meeting - except for
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business conducted under the Rules as ordinary business of the Annual
General Meeting - shall be deemed to be special business.
12 Notice of Meetings of the Council
12.1 The Secretary of the Council, at least 14 days, or if a special resolution
has been proposed at least 21 days, before the date fixed for holding a
Meeting must cause notice to be sent to each Member of the Council.
12.2 The notice may be sent—
12.2.1 by post to the address appearing in the Register of Members; or
12.2.2 by facsimile transmission or electronic transmission.
12.2.3 No other business than that set out in the notice convening the
meeting may be conducted at the meeting.
13 Quorum at Meetings of the Council
13.1 No item of business may be conducted at a Meeting unless a quorum is
present at the time when the Meeting is considering that item.
13.2 To constitute a quorum for the conduct of the business of a Meeting half
of the total number of Membership must personally be present.
13.3 If, within half an hour after the appointed time for the commencement of
a Meeting, a quorum is not present—
13.3.1 in the case of a Meeting convened upon the request of
Members—the Meeting must be dissolved; and
13.3.2 in any other case—the Meeting shall stand adjourned to the same
day in the next week at the same time and (unless another place
is specified by the Chairperson at the time of the adjournment or
by written notice to Members given before the day to which the
meeting is adjourned) at the same place.
13.4 If at the adjourned Meeting the quorum is not present within half an hour
after the time appointed for the commencement of the Meeting, the
Members personally present (being not less than 3) shall constitute a
quorum for that Meeting.
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14 Presiding at Meetings
14.1 The President, or in the President's absence, the Executive-President,
shall preside as Chairperson at each Meeting of the Council.
14.2 If the President and the Executive-President are both absent from a
Meeting, or are unable to preside, the Members present must select one
of their Members to preside as Chairperson.
15 Adjournment of Meetings
15.1 The person presiding may, with the consent of a majority of Members
present at the Meeting, adjourn the Meeting from time to time and place
to place.
15.2 No business may be conducted at an adjourned Meeting other than the
unfinished business from the Meeting that was adjourned.
15.3 If a Meeting is adjourned for 14 days or more, notice of the adjourned
Meeting must be given in accordance with Rule 12 herein.
15.4 Except as provided in sub-rule 15.3, it is not necessary to give notice of
an adjournment or of the business to be conducted at an adjourned
meeting.
16 Voting at Meetings
16.1 A Member is not entitled to vote at a Meeting unless all moneys due and
payable by the Member to the Council have been paid.
16.2 Upon any question arising at a Meeting, a Member has one (1) vote.
16.3 An Associate Member may obtain temporary voting rights:
16.3.1 subject to sub-rule 4.6 by
16.3.2 requesting the voting rights in writing
16.3.3 submitted to the Secretary no later than 5 days following receipt
of due Notice of the Meeting, indicating which Agenda items the
Associate Member would exercise the voting right if granted.
16.4 All votes must be given personally.
16.4.1 Representatives of the same Member or Associate Member
should they disagree in respect of a resolution, must withheld
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their respective votes until a desirable agreement is reached
between them, alternatively they must abandon voting on the
disagreed question.
16.5 In the case of an equality of voting on a question, the Chairperson of the
meeting is entitled to exercise a second or casting vote.
17 Poll at Meetings
17.1 If at a Meeting a poll on any question is demanded by not less than 7
Members, it must be taken at that Meeting in such manner as the
Chairperson may direct and the resolution of the poll shall be deemed to
be a resolution of the Meeting on that question.
17.2 A poll that is demanded on the election of a Chairperson or on a
question of an adjournment must be taken immediately and a poll that is
demanded on any other question must be taken at such time before the
close of the Meeting as the Chairperson may direct.
18 Manner of Determining Whether Resolution Carried
18.1 If a question arising at a Meeting, shall be determined on a show of
hands—
18.1.1 a declaration by the Chairperson that a resolution has been—
18.1.1.1 carried; or
18.1.1.2 carried unanimously; or
18.1.1.3 carried by a particular majority; or
18.1.1.4 lost.
18.1.2 an entry to that effect in the minute book of the Council
18.1.2.1 is evidence of the fact;
18.1.2.2 without proof of the number or proportion of the votes
recorded in favour of, or against, that resolution.
19 Management Committee of the Council (MCC)
19.1 The Management of the Victorian Hungarian Council Incorporated shall
be vested in the Committee of Management of the Council, which may
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authorise and undertake all such actions as it considers necessary to
further the purposes of the Council.
19.2 The business of the Council shall be managed by the Management
Committee Council;
19.3 The MCC shall control and manage the business of the Council; and
19.4 The MCC, subject to these Rules, the Act and the Regulations, has
power to perform all such acts and things as appear to be essential for
the proper management of the business of the Council.
19.5 The MCC may exercise all such powers and functions as may be
exercised by the Council, other than those powers and functions that are
required by these Rules to be exercised by the General Meetings of the
Council.
19.6 The Management Committee of the Council shall consist of—
19.6.1 The President; - and
19.6.2 Six (6) Councillors — of whom shall be elected at the Annual
General Meeting of the Council;
20 Officers of the Council
20.1 The Officers of the Council shall be—
20.1.1 President;
20.1.2 Executive-President;
20.1.3 Treasurer;
20.1.4 Secretary
20.1.5 Three (3) Councillors.
20.2 The provisions of these Rules, so far as they are applicable and with the
necessary modifications, apply to and in relation to the election of
persons to any of the offices referred to in sub-rule 20.1.
20.3 In the event of a casual vacancy in any Office referred to in sub-rule
20.1, the MCC may appoint one of its Member to the vacant Office and
the Member appointed may continue in the Office up to and including the
conclusion of the next Annual General Meeting.
20.4 The MCC as a body may act notwithstanding any vacancy on the
Management Committee of the Council.
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21 The President
21.1 The President of the Council shall be elected by a two thirds majority at
the Annual General Meeting of the Council and shall hold that office for
one year.
21.2 The President of the Council cannot be re-elected for the office of the
President from the same Member Organisation.
22 Election of Councillors
22.1 Nominations of candidates for election as Councillors must be—
22.1.1 made in writing, signed by two current Members of the Council; -
22.1.2 accompanied by a confirmation of the Special/Annual General
Meeting from the nominated organisation;
22.1.3 named an individual member as Delegated Representative of that
organisation; and
22.1.4 delivered to the Secretary of the Council not less than 7 days
before the date fixed for the holding of the Annual General
Meeting.
22.2 If insufficient nominations are received to fill all vacancies on the MCC,
all candidates nominated shall be deemed to be elected and further
nominations may be received at the Annual General Meeting requesting
endorsement as prescribed in sub-rule 22.1.1 herein, be submitted as
soon as practicable but no later than 30 days following the nomination.
22.3 If the number of nominations received is equal to the number of
vacancies to be filled, the persons nominated shall be deemed to be
elected.
22.4 If the number of nominations exceeds the number of vacancies to be
filled, a ballot must be held.
22.5 The ballot for the election of Councillors must be conducted at the
Annual General Meeting in such manner as the MCC may direct.
23 Councillors of the Council
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23.1 Each Councillor of the Council shall hold office for one (1) year and is
eligible for re-election unlimited.
23.2 Following the Annual General Meeting, the MCC shall appoint its
Officers from the elected Councillors.
23.3 The MCC may invite Honorary Members to assist the Committee in
completion of specific projects of the Council.
24 Vacancies
24.1 The Office of a Councillor, becomes vacant, if the Councillor —
24.1.1 ceases to be a Member of the Council;
24.1.2 resigns from the Office by Notice to the Secretary;
24.1.3 being a corporate body has been deregistered;
24.1.4 dies
24.1.5 becomes bankrupt, insolvent or is placed under administration; or
24.1.6 being a corporate body has been placed into liquidation within the
meaning of the Act or the Corporations Act.
25 Meetings of the Committee
25.1 The MCC must meet at least quarterly in each year at such place and
such times as the MCC may determine.
25.2 Meetings of the MCC may be convened by the President or by any three
(3) Councillors.
26 Notice of the Meetings of the MCC
26.1 Written notice of each Meeting of the Committee must be given to each
Councillor at least 10 business days before the date of the Meeting.
27 Quorum for Meetings of the MCC
27.1 Four (4) Councillors constitute a quorum of a Committee Meeting. No
business may be conducted unless a quorum is present.
27.2 If within half an hour of the time appointed for the meeting a quorum is
not present—
27.2.1 in the case of a Special Committee Meeting—the meeting lapses;
CONSTITUTION – VICTORIAN HUNGARIAN COUNCIL INC.
ENDORSED – 29th September 2010 18
27.2.2 in any other case—the meeting shall stand adjourned to the same
place and the same time and day in the following week.
28 Presiding at Meetings of the MCC
28.1 At Meetings of the MCC —
28.1.1 the President or, in the President's absence, the Executive-
President presides; or
28.1.2 if the President and the Executive-President are absent, or are
unable to preside, the elected Councillors present must choose
someone to preside.
29 Voting at the Meetings of the MCC
29.1 Questions arising at a Meeting of the MCC, or at a Meeting of any Sub-
Committee or Project Working Group appointed by the MCC, shall be
determined on a show of hands.
29.2 Each elected Councillor present at the Committee Meeting, (including
the person presiding at the Meeting), is entitled to one vote and, in the
event of an equality of votes on any question, the person presiding may
exercise a second or casting vote.
30 Removal of President and/or Councillors
30.1 Any Meetings of the Council may, by resolution, remove the President
and/or any Councillors from the Office, before the expiration of the
Member's term of Office and appoint another Member to hold that Office
until the expiration of the term of the removed Member.
30.2 A Member who is the subject of a proposed resolution referred to in sub-
rule 30.1 may make representations in writing to the Secretary or
President of the Council (not exceeding a reasonable length) and may
request that representations be provided to the Members of the Council.
30.3 The Secretary or the President may give a copy of the representations to
each Member of the Council or, if they are not so given, the Member
may require that they be read out at the Meeting.
GENERAL PROVISIONS
CONSTITUTION – VICTORIAN HUNGARIAN COUNCIL INC.
ENDORSED – 29th September 2010 19
31 Minutes of Meetings
31.1 The Secretary of the Council must keep minutes of the resolutions and
proceedings of each Meeting including each Committee Meeting,
Quarterly Meeting of the Council, Special General Meetings and the
Annual General Meeting.
31.2 The Secretary is responsible to establish and maintain current records of
all Members and Delegated Representatives present at the meetings.
32 Funds
32.1 The Treasurer of the Council must—
32.1.1 collect and receive all moneys due to the Council and make all
payments authorised by the Council; and
32.1.2 keep correct accounts and books showing the financial affairs of
the Council with full details of all receipts and expenditure
connected with the activities of the Council.
32.2 All cheques, drafts, bills of exchange, promissory notes and other
negotiable instruments must be signed by two Members of the MCC,
one of whom shall be the Treasurer or the Executive-President of the
Council.
32.3 The funds of the Council shall be derived from Application Fees, annual
Subscription Fees, donations and such other sources as the MCC
determines.
33 Notice to Members
33.1 Except for the requirement in Rule 12, any notice that is required to be
given to a Member, by or on behalf of the Council, under these Rules
may be given by—
33.1.1 delivering the notice to the Member personally; or
33.1.2 sending it by prepaid post addressed to the Member at that
Member's address shown in the Register of Members; or
33.1.3 facsimile transmission, if the Member has requested; or
33.1.4 electronic transmission, if the Member has requested.
34 Winding up
CONSTITUTION – VICTORIAN HUNGARIAN COUNCIL INC.
ENDORSED – 29th September 2010 20
34.1 In the event of the winding up or the cancellation of the incorporation of
the Council, the assets of the Council must be disposed of in accordance
with the provisions of the Act.
35 Custody and inspection of books and records
35.1 Except as otherwise provided in these Rules, the Secretary must keep in
his/her custody or under his/her control all books, documents and
securities of the Council.
35.2 All accounts, books, securities and any other relevant documents of the
Council must be available for inspection, free of charge by any Member
upon request.
i
APPENDIX 1
APPLICATION FOR MEMBERSHIP OF VICTORIAN HUNGARIAN COUNCIL
We, of (A.C.N/A.B.N………………..) (name of the Organisation) (address)
desire to become a Member/Associate Member of the Victorian Hungarian Council.
The primary operation/interest of the applicant organisation is:
Hungarian Tradition and History;
Cultural, Folklore and Language Heritage;
Social Activities;
Senior Citizens Services;
Sport and Recreational Activities;
Religion;
Family Services;
Youth and Children;
Education and Training;
Health/Aged Care Services;
Social Welfare or Community Planning Services;
Multicultural Education and Services;
Management Committee of the Council;
Name the Specific Service:……………………………………………
In the event of my admission as a Member/Associate Member, we agree to be bound by the Rules of the Council for the time being in force and advise that our organisation will be represented by
1.………………………………………………………………………………… 2…………………………………………………………………………………. as Delegated Representatives on behalf of the (name of applicant organisation/group) at Meetings of the Council.
______________________ _____________________________
Signature(s) of the Authorised (Office Bearer) Applicant (Organisation)
Date: / /
ii
ENDORSEMENT
We……………………………………..of……………………………………. accept the Terms of the Constitution, as becoming a Member and/or Associated Member of the Victorian Hungarian Council.
The (Proposed) Terms of the Constitution together with our statement herein was displayed for 30 days on the main Information Board at the Member’s meeting room/internet site (www. .com.au) and explanation of its provisions were given to the entire Membership before being put forward for ENDORSEMENT at the Special General Meeting/Annual General Meeting.
*(Associated Members only) “Should we obtain Membership at the Victorian Hungarian Council, the current and future Members of (the Applicant unincorporated organisation)…………………… shall keep all its membership obligations and responsibilities separate and make commitment to indemnify the Victorian Hungarian Council from all and any liabilities associated with our own membership at……………………………...‖ Minutes of the Special/Annual General Meeting are sighted by the Secretary and a copy including the signatures, names and address of the Members are enclosed.
Endorsed by the Special/Annual General Meeting of ..............day ...................20
________________________
Signature Secretary (Applicant’s Organisation)
PROPOSED BY NOMINATION
I, , a Member of the Council, (name)
nominate the applicant, who is personally known to me, for Membership of the Council.
Signature of Proposer
Date
I, , a Member of the Council, second (name)
the nomination of the applicant, who is personally known to me, for Membership of the Council.
Signature of Seconder
Date
iii
APPENDIX 2
SCHEDULE OF FEES
Fee Amount
Application Fees – Member $240.00
Application Fees – Associate Member $120.00
Annual Subscription Fees - Member $120.00
Annual Subscription Fees – Associate Member $ 60.00
APPENDIX 3
SCHEDULE 1
Foundation Members Date of Endorsement
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