Legislative and Good Practice Constitutional Changes for WA Associations
This course is designed to assist non-profit organisations who need to review/amend/modify or replace their constitution. This course will explore the template constitution and its supporting manual in detail to help you develop a constitution that doesn’t just comply with the act, but also helps you get on with the work you do by ensuring you aren’t distracted by situations similar to those you may have had in the past!
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Course Content
Introduction
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Purpose of the Linkwest Template Constitution
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Preliminary Questions
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Adopting or Adapting the Template Constitution
Using the Template Constitution
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Guide to the Template Constitution
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Comparing To Your Current Constitution
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1 - 3: Preliminary Clauses
Clause 1. Name
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Clause 2. Type of entity
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Clause 3. Definitions
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Clause 3 (g) (t) (y) (OO, PP, QQ)
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Clause 3.1. Relationship between Constitution and Associations Act
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Clause 3.2. Interpretation
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4 - 6: [Charitable] Object, Purposes and Powers
Clause 4. Object And Purposes
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Clause 5. Powers
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Clause 6. Not-for-profit
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7 - 12: Members – Membership Requirements
Clause 7. Number, qualifications and liability of members & Clause 7.1 Number
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Clause 7.2. Qualifications
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Clause 7.3. Liability
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Clause 8. Becoming a member & Clause 8.1. Application
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Clause 8.2. Consideration of membership application
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Clause 9. Members register & Clause 9.1. Content of members register
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Clause 9.2. Inspection and copying of members register
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Clause 9.3. Prohibited use of information on members register
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Clause 10. Classes of members
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Clause 10.1. Considerations for classes of members
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Clause 11. Membership fees and Clause 11.1 Entrance fee and Clause 11.2 Annual membership fee
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Clause 12.2. Resignation of member
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Clause 12.3. Suspension or expulsion of member & Clause 12.3. Considerations for Suspension or expulsion of member
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Clause 12.4. After suspension of member
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Clause 12.5. Member’s right of appeal against suspension or expulsion
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Clause 12.6. Reinstatement of member
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13 - 14: Annual General and Special General Meetings
Clause 13. General meeting
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Clause 14. Annual general meeting and Clause 14.1. Purpose of annual general meeting
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Clause 14.2. Date, time and place of annual general meeting
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Clause 14.3. Financial statements and reports and annual general meetings
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Clause 14.4. Holding annual general meeting
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Clause 14.5. Special general meeting
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Clause 14.6. Calling annual general meeting or special general meeting
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Clause 14.7. Members call for annual general meeting or special general meeting
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Clause 14.8. Failure to hold annual general meeting or special general meeting requested by members
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Clause 14.9. Quorum at annual general meeting or special general meeting
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Clause 14.10. Notice of, and motions at, annual general meeting or a special general meeting
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Clause 14.11. Using technology to hold annual general meeting or special general meeting
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Clause 14.12. Conducting annual general meeting or special general meeting
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15 - 16: Annual General and Special General Meetings - Resolutions
Clause 15. Ordinary (BP) and special resolutions & Clause 15.1. Definitions
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Clause 15.2. Notice of special resolution
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Clause 16. Members circular resolutions
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Clause 17.2. Entitlement to vote at annual general meeting and special general meeting
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Clause 17.3. Challenge to member’s right to vote at annual general meeting and special general meeting
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Clause 17.4. Organisational members and organisational representatives – voting at annual general meeting and special general meeting
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Clause 17.5. Voting procedure at annual general meeting and special general meeting
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Clause 17.6. When and how a vote in writing shall be held at annual general meeting and special general meeting
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Clause 18. Proxies at annual general meeting and special general meeting
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Clause 18.2. Determining whether ordinary resolution carried at annual general meeting and special general meeting
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Clause 18.3. Poll at annual general meeting and special general meeting
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19 - 24: Board and Directors
Clause 19, 19.1 and 19.2. Board role and powers
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Clause 20. Number of directors, composition and qualifications & Clause 20.1. Number of directors on board
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Clause 20.2. Composition of board
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Clause 20.3. Qualifications of directors
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Clause 21. Directors duties & Clause 21.1. General directors duties
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Clause 22. Appointment of directors & Clause 22.1. Nomination for appointment as directors
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Clause 22.2. Methods
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Clause 22.3. Election of directors at an annual general meeting
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Clause 22.4. Appointment of directors by board to fill a casual vacancy
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Clause 22.5. Term of office
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Clause 23.2. Removal
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Clause 23.3. Assets and records of director who ceases to be a director
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Clause 24. Officeholders & Clause 24.1. Election of officeholders by board
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Clause 24.2. Chairperson
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Clause 24.3. Secretary
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Clause 24.4. Treasurer
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Clause 24.5. Record of officeholders
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25 - 27: Board Meetings
Clause 25. Calling and conducting board meetings & Clause 25.1. Calling board meetings
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Clause 25.2. Notice
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Clause 25.3. Using technology to hold board meetings
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Clause 25.4. Conducting board meeting
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Clause 25.5. Quorum for board meeting
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Clause 26. Board resolutions
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Clause 26.1. Voting
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Clause 26.2. Board circular resolutions
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Clause 27 Remuneration of directors; Clause 27.1. Travelling and other expenses & Clause 27.2. No other remuneration
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28: Subcommittees and Other Delegation
Clause 28. Subcommittees and delegations & Clause 28.1. Establishment
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Clause 28.2. Delegation
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Clause 28.3. Delegation to others
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29 - 30: Finances
Clause 29. Payment of income or property to members; Clause 29.1. Not permitted & Clause 29.2. Permitted payments
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Clause 30. Funds and Clause 30.1. Source of funds
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Clause 30.2. Control of funds
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Clause 30.3. Financial records
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31: Binding the Association
Clause 31. Use of common seal
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32 - 33: Minutes, Books and Records
Clause 32. Minutes & Clause 32.1. Taking of minutes
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Clause 32.3. Inspection of minutes
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Clause 33. Records, & Clause 33.1. Inspecting record of officeholders
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Clause 33.2. Custody of association’s books
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Clause 33.3. Inspecting association’s books
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Clause 33.4. Prohibition on use of information in association’s books and record of officeholders
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Clause 33.5. Returning the association’s books
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34 - 36: Disputes
Clause 34. Disputes arising under constitution
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Clause 35. Mediation
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Clause 36. Inability to resolve dispute
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37 - 38: Service of Notices
Clause 37. Legal requirements
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Clause 38. Service on members
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39 - 41: Indemnity and Insurance
Clause 39 to 41. Indemnity; Director’s insurance and Insurance covering workers, contractors, volunteers and visitors
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42 - 43: Occupational Safety and Health
Clause 42 Safe and healthy working environment & Clause 43. Occupational Safety and Health obligations
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44 - 45: Constitution and By-Laws
Clause 44. Constitution & Clause 44.1. Binding
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Clause 44.2. Amendment
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Clause 44.3. Copies
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Clause 45. By-laws & Clause 45.1. Power and purpose
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Clause 45.2. Not of constitution and not required to be lodged
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46 - 48: Winding up, Cancellation and Distribution of Surplus Property
Clause 46. Cessation of activities, winding up and cancellation of incorporation
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Clause 47. Surplus assets not to be distributed to members
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Clause 48. Distribution of surplus assets
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Reducing Penalty risks in the new Act
Introduction
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Changing/updating the Constitution
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New Member Joins
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Members Change
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Member requests copy of constitution
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Member requests copy of members register
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Member requests copy of record of officeholders
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Commissioner May Request Copies of Records/Reports
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Board Member (Director) Changes/Nominations
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Director Resignation
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Participating in Meetings: Conflicts
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Voting in Meetings
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Director Mindset/Actions
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Holding an annual general meeting
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Preparing the association’s financial statements
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Tier 1 Financial Statements
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Audit of the Association’s Financial Statements
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Appointment/resignation/removal of auditor
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Winding up/changing structure
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Association changes its address
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Making a false declaration
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