1. NAME
The name of the Association is
WESNET (Women’s Services Network) Incorporated.
2.
DEFINITIONS
In these Rules the
following words have the following meanings unless the context plainly indicates to the
contrary:
"The Act" –
is the Associations Incorporation Act 1991 (ACT).
"A person of
Aboriginal background" - a person is of Aboriginal background if they identify
themself as such and if they are generally accepted by their peers as such.
"A person of Torres
Strait Island background" - a person is of Torres Strait Island background if they
identify themself as such and if they are generally accepted by their peers as such.
"A person of
immigrant, refugee and/or non-English speaking background" - a person is of
immigrant, refugee and/or non-English speaking background if they identify themself as
such and if they are generally accepted by their peers as such.
"Alternate" - an
alternate is a woman nominated by a member of the Committee to attend meetings and vote in
the place of a particular member.
"Peers" - a
reference to peers is a reference to other women working in domestic and family violence
related occupations who claim the same racial, ethnic or geographical background.
"Special
resolution" - is a resolution required to be passed by a 75% majority of persons
present and entitled to vote, either in person, by alternate or by proxy; and of which
twenty-one (21) days written notice has been given at the meeting concerned.
"Women’s
service" – a women’s service is defined as being a non-government
organisation which provides services to women and children which are delivered and managed
by women.
Top of page
3. VISION STATEMENT
WESNET seeks to ensure that
all women and children live free of domestic and family violence and its consequences.
4.
PURPOSE
WESNET is a national
women's peak advocacy body which facilitates and promotes policy, legislative and
programmatic responses relevant to women and children who have experienced domestic and
family violence. WESNET advances responses which: ensure the safety of women and children;
empower them to live free of violence; and, improve the social, political and economic
status of women. WESNET works within a feminist framework which promotes an understanding
of domestic and family violence as gendered violence. In addition WESNET acknowledges that
women and children’s experiences are also intrinsically shaped by their race,
ethnicity, ability, age and class.
Top of page
5.
OBJECTIVES
a. To provide leadership as a
national women's peak advocacy body in relation to domestic and family violence.
b. To contribute to and
monitor policies, legislation and programs which impact on women and children experiencing
domestic and family violence.
c. To promote equity of access
to services for all women including Aboriginal women, Torres Strait Islander women, women
from immigrant, refugee and/or non-English speaking background, women in rural and
isolated areas, older women, young women and women with a disability and give issues
relating to equity of access highest priority.
d. To promote community
awareness of violence against women and its personal and social consequences at a national
level and support and facilitate the community education role of services at a local
level.
e. To undertake research
relating to the provision of support and accommodation services for women and children
escaping violence and for women using SAAP funded services for other reasons.
f. To build and promote
collaborative relationships with key stakeholders.
g. To ensure a viable, well
governed and credible organisation representing WESNET members nationally.
Top of page
6. POWERS OF THE ASSOCIATION
In addition to the powers:
a. Conferred by the Act or by
any other Law; and
b. Conferred elsewhere in
these Rules;
c. WESNET shall have such
powers as are reasonably required for attaining its Objectives, and, without limiting the
generality of the foregoing, it shall have powers:
d. To acquire and dispose of
real and personal property;
e. To borrow money and to
charge its property by way of security;
f. To accept donations of
money and property;
g. To engage and dismiss
employees as WESNET deems necessary, and to determine the terms of employment.
Top of page
7. INCOME AND PROPERTY
a. The income and property of
WESNET, however derived, shall be applied solely towards the promotion of the objectives
of WESNET and no portion thereof shall be paid or transferred, directly or indirectly, by
dividend, bonus, or otherwise, to any member of WESNET.
b. This does not prevent the
payment in good faith to a worker or member of WESNET of remuneration in return for
services actually rendered to WESNET by the worker or member or for goods supplied to
WESNET by the worker or member in the ordinary course of business.
c. This rule does not prevent
the reimbursement by WESNET of the out of pocket costs incurred by members of the
Committee and representatives of members attending formal meetings of WESNET.
Top of page
8.
MEMBERSHIP
a. There shall be three
classes of membership:
i. Ogranisational members
Organisational membership shall be open to women’s services as defined in these Rules
who support WESNET’s Vision, Purpose and Objectives.
ii. Individual members
Individual membership shall be open to individual women who support WESNET’s Vision,
Purpose and Objectives and who are not employees of State, Territory or Commonwealth
governments.
iii. Associate members
Associate membership shall be open to any other organisation or individual who support
WESNET’s Vision, Purpose and Objectives.
b. Employees of any State,
Territory or Commonwealth governments shall only be entitled to apply for individual
associate membership. If an Individual member becomes an employee of a State, Territory or
Commonwealth government, they should notify the WESNET committee and their membership
shall revert to Associate membership.
c. The application for
membership shall be:
i. Made in writing in such
form prescribed from time to time by the Committee.
ii. Accompanied by a
declaration of support for WESNET’s Vision, Purpose and Objectives.
iii. Signed by the person
applying or an authorised individual and must be affixed with a common seal where an
application is made on behalf of an incorporated organisation.
iv. Lodged with the Secretary,
together with the sum payable as the first year’s subscription.
d. All membership applications
shall be considered by the Committee who shall have the right to accept or refuse
membership or associate membership to any person, service or organisation, at its absolute
discretion, but subject to the rights of appeal contained in Rule 18. Written notice of
the outcome of membership application will be provided in writing.
e. The annual subscription for membership
or associate membership shall be set by ordinary resolution of the Committee. All
membership fees shall become due and payable in advance by the 1st of July each year.
Top of
page
9. REGISTER OF MEMBERS
a. A register of members shall
be kept at a place in the Australian Capital Territory and available for inspection at all
reasonable times by any member who has applied to the Secretary orally or in writing to
inspect it.
b. The register will record
the full name of each member, the category of membership and date of admission to and
termination of membership.
Top of page
10. LIABILTY OF MEMBERS
a. The liability of members is
limited.
b. A member of WESNET is
liable to contribute towards the payment of the debts of the Association or the costs,
charges and expenses of a winding up of the Association, only to the extent of any arrears
in their membership subscription.
11. CESSATION OF MEMBERSHIP
An organisation or person
ceases to be a member of WESNET if the organisation or person:
a. Dies, or, in the case of a
body corporate, is wound up.
b. Resigns from membership of
WESNET by written notice to the Committee. The resignation shall take effect at the time
the notice is received, unless the notice specifies a later date, in which case the
resignation shall take effect at that later date. The Secretary shall record the date that
the person ceased to be a member in the Register.
c. Is expelled from WESNET in
accordance with Rule 17.
d. Fails to pay the annual
membership subscription within six months of the due date.
Top of page
12. MANAGEMENT OF THE ASSOCIATION
The affairs of WESNET shall
be managed by a national WESNET Committee ("the Committee"). The Committee,
subject to the Associations Incorporation Act 1991, Regulations, these rules and to any
resolution passed by WESNET in a general meeting, shall:
a. Exercise all functions as
may be exercised by WESNET other than those functions that are required by the Act and
these rules to be exercised by WESNET in a general meeting.
b. Perform all such acts and
do all such things as appear to the Committee to be necessary or desirable for the proper
management of the affairs of WESNET.
c. Employ at its discretion an
Executive Officer or other persons to carry out the day to day policy, research, liaison,
secretarial and financial activities of WESNET.
d. Direct the activities of
the National office of WESNET and its employees.
Top of page
13. THE COMMITTEE
a. The Committee shall be
comprised of 10 women as follows:
i. 1 representative of the
membership of each State and Territory.
ii. 1 representative of a
Torres Strait Island or Aboriginal background.
iii. 1 representative of
immigrant, refugee and/or non-English speaking background.
b. The officers of WESNET
shall consist of a Chairperson, a Secretary and a Treasurer, each of whom shall be drawn
from the membership of the Committee and shall be elected at the first meeting of the
Committee following immediately after the AGM for each year. All other members of the
Committee shall be ordinary members of the Committee.
c. Each member of the
Committee shall have one vote, and where there is an equality of votes the Chairperson
will have a casting vote.
d. Each member of the
Committee shall nominate a woman alternate to attend meetings and vote in their place,
when the member is unavailable. The identity of the alternate must be notified by the
member to the Secretary, at least three (3) days before any meeting or vote, involving the
alternate. The alternate is bound to vote on any identified issue, in accordance with any
direction given by the member by whom the alternate was appointed.
e. Alternates nominated by an
Aboriginal or Torres Strait Island background representative must also be women from
Aboriginal or Torres Strait Island backgrounds.
f. Alternates nominated by an
immigrant, refugee and/or non-English speaking background representative must also be
women from immigrant, refugee and/or non-English speaking backgrounds.
g. If neither a member nor
their alternate can attend a Committee meeting, the member may authorise any other member
of the Committee to exercise a vote by proxy on their behalf, provided that the member who
gives the proxy has notified the Secretary of the fact, in writing on an approved form, at
least three (3) days before the meeting or vote concerned. No Committee member may cast
more than three (3) proxy votes in any ballot.
h. Following the elections to
be held in February 2001, half of the committee positions will expire at the following AGM
with remaining committee positions expiring at the second AGM occurring thereafter.
Subsequently half elections for committee positions will occur at each AGM. The order of
committee positions to be contested at elections will be drawn by lot at the first
national committee meeting following the elections held in February 2001.
i. Except for the provisions
Rule 13(h) and 15(f) each Committee member shall hold office from the AGM at which they
were appointed to the second AGM occurring thereafter (i.e. for approximately 2 years),
unless:
i. The Committee passes a
special resolution to convene an election for all or some of the Committee positions at
the intervening AGM. No member shall be required to stand for re-election until their two
year term has expired.
OR
ii. The WESNET membership pass
a resolution, at an Annual General Meeting or Special General Meeting, to extend the terms
of Committee members for up to one year (the period between the Annual General Meeting at
which the election would have been due and the following AGM).
j. The Chairperson shall
preside at all Committee meetings or if they are absent a committee member appointed by
the meeting.
k. The Secretary shall be
responsible for ensuring that minutes of all meetings are kept and that the books and
records of WESNET are maintained properly.
l. The Treasurer shall be
responsible for the financial records of WESNET, and for monitoring and ensuring that the
financial records, annual financial reports and other financial dealings are properly
recorded and maintained.
m. The Committee may appoint
any woman to fill any casual vacancy on the Committee, as long as that woman would have
been eligible to have been elected to the position which has become vacant. Any member so
appointed will vacate their position at the next election.
Top of page
14. ELECTION OF COMMITTEE MEMBERS
a. The Committee shall notify
members each year of the Committee positions to be filled at the next AGM. This
notification shall be dispatched by mail at least nine (9) weeks before the AGM concerned.
b. Nominations for each
category of membership of the Committee are only open to individual members and women
working in an organisational member service, and are not open to associate members. The
nomination of women working in an organisational member service must be endorsed by the
member service.
c. Only eligible women from
Aboriginal or Torres Strait Islander backgrounds may nominate for the Indigenous committee
position.
d. Only eligible women from
immigrant, refugee and/or non-English speaking backgrounds may nominate for the immigrant,
refugee and/or non-English speaking background committee position.
e. Nominations for each
category of membership of the Committee must be received at least seven (7) weeks before
the AGM and must be circulated to members at least four (4) weeks before the AGM, with
postal ballot forms.
f. If there are not more
nominations than positions available in any particular category of membership on the
Committee four (4) weeks before the AGM, then the nominees shall be elected unopposed and
confirmed at the AGM, otherwise a postal ballot shall be held for each position.
g. Completed postal ballots
must be received by the national office at least two weeks before the AGM.
h. A Returning Officer
appointed by the Committee shall count the votes and determine the outcome of the election
for each position. The result shall not take effect till confirmed at the next general
meeting.
i. Except as provided for in
sub-rule (k)-(l) below, only individual WESNET members or women working in member
services, who are the appointed representative of a member service, may vote in a ballot.
Associate members may not vote, nor may workers who are not the appointed representative
of a member service.
j. Each member has one vote in
the ballot for State or Territory representatives for the State or Territory in which they
are located.
k. Only individual members or
women working in a member service, and who are of Aboriginal or Torres Strait Islander
background, may vote in the election of the Indigenous representative.
l. Only individual members or
women working in a member service, and who are of immigrant, refugee and/or non-English
speaking backgrounds may vote in the election of the immigrant, refugee and/or non-English
speaking background representative.
Top of page
15. MEETING OF THE COMMITTEE
a. The Committee shall meet at
least twice each year, which may occur in person or by telecommunications. A resolution in
writing, including email in its printed form, signed by all members of the committee shall
have effect as if it was a resolution of a meeting.
b. Special meetings of the
Committee may be convened by any three (3) of the members of the Committee.
c. Seven (7) days notice shall
be given of any special meeting outlining the general nature of the business to be done,
and no other business will be done unless agreed by the Committee.
d. A quorum for the Committee
shall be half the number of the committee plus one.
e. No business shall be done
unless there is a quorum present. If within half an hour of the proposed starting time of
the meeting a quorum is not present, then the meeting shall be adjourned to another day,
time and place as the Committee may determine. If the meeting was a special meeting then
the meeting shall lapse.
f. If a member of the
Committee or their alternate fails to attend two consecutive meetings without reasonable
excuse the Committee shall advise the member in writing that their position is vacated.
g. All resolutions shall be
decided by a majority of votes of Committee members.
h. Voting on any issue shall
generally be by show of hands but if so requested by any member present shall be by secret
ballot.
Top of page
16. ANNUAL AND SPECIAL GENERAL MEETINGS
a. The Annual General Meeting
shall be held within five (5) months of the close of the financial year.
b. The business of the Annual
General Meeting shall be:
i. To confirm the minutes of
the last Annual General Meeting and of any general meetings held since that meeting;
ii. To receive of the
Committee’s Annual report and the reports specified under Section 73(i) of the Act.
iii. To receive the financial
accounts of WESNET and the Auditor’s report.
iv. The declaration of the
results of the postal ballot for Committee members.
v. The appointment of a
returning officer to conduct any elections required at the AGM.
vi. The appointment of an
auditor.
c. The Annual General Meeting
may only transact other business of which notice is given in accordance with Rule 16(i)
and (j).
d. A special general meeting
shall be arranged:
i. when directed by the
Committee;
ii. on the request, in writing
by not less than one-fourth of the members of WESNET. Such requests shall clearly show the
reasons why such a special general meeting is being convened and the nature of the
business to be transacted.
e. A quorum for any general
meeting shall be half plus one of the Committee, plus five (5).
f. No business shall take
place unless there is a quorum present. If within half an hour of the proposed starting
time of the meeting a quorum is not present, then the meeting if arranged upon the request
of the Committee shall lapse. In any other case the meeting shall be adjourned to a time
and place determined by the Committee. If at the adjourned meeting a quorum is not present
within half an hour from the arranged time, the members present shall be a quorum.
g. The Chairperson may, with
permission of any meeting where a quorum is present, adjourn the meeting, from time to
time, and place to place. The only business to be done at the adjourned meeting shall be
business left unfinished.
h. The Committee will arrange
all general meetings of WESNET by giving not less than fourteen (14) days notice except in
the case of the AGM or a general meeting where a special resolution is proposed, in which
case twenty-one (21) days notice must be given.
i. No business may be
transacted at an AGM or special general meeting unless notice of the proposed motion is
given to members, either with or before the notification of the meeting. This rule does
not preclude amendments to motions on notice.
j. Voting at general meetings
shall be restricted to the appointed representatives of member services, who shall each
have one vote. It will generally be by show of hands unless 25 percent of those present
and entitled to vote, request a secret ballot.
k. Any person entitled to vote
at a general meeting may do so by proxy provided they have notified the Secretary, in
writing on the approved form, at least three (3) days before the meeting.
l. No person is entitled to
cast more than five (5) proxy votes on any motion, at a general meeting.
Top of page
17. SUSPENSION AND TERMINATION OF
MEMBERSHIP
a. Any member or associate
member may resign from WESNET by advising the Committee in writing. The resignation shall
take effect at the time the notice is received, unless the notice specifies a later date,
in which case the resignation shall take effect at that later date. The Secretary shall
record the date that the person ceased to be a member in the Register.
b. If the Committee believes
that the member, associate member or employee of a member has refused or fails to comply
with WESNET’s Vision, Purpose, Objectives and Rules or has not acted in the best
interests of WESNET, the Committee may pass a resolution to:
i. warn a member or the
employee of a member;
ii. suspend a member or
associate member from WESNET for a specified period or the participation of an employee of
a member for a specified period;
iii. terminate a member or
associate member from membership of WESNET or ban the participation of an employee of a
member.
Top of page
18.
APPEALS AGAINST REJECTIONS, SUSPENSIONS OR TERMINATION OF MEMBERSHIP
a. Where the Committee passes
a resolution to reject or amend a service’s, organisation’s or person’s
application for membership or associate membership, the Secretary or her delegate shall,
as soon as possible notify the service, organisation or person in writing of:
i. the decision of the
Committee and the reasons it was based on;
ii. informing them of the
right to attend a meeting of the Committee to present their case;
iii. stating the date, time
and place of that meeting;
iv. informing the service,
organisation or person that they may do one or more of the following:
b. If the service,
organisation or person attends the Committee meeting for the purpose of appeal, the
Committee:
i. shall ensure that the
service, organisation or person has a fair opportunity to be heard;
ii. shall give due
consideration to any written statement or other approved communication tendered; and
iii. shall confirm, vary or
revoke the original resolution.
c. If the service,
organisation or person is still aggrieved following the Committee’s decision, they
may request the Committee to refer the matter to a general meeting of
WESNET. The
Committee is not required to refer a matter to a general meeting and may decline to do so
if it considers the matter of insufficient gravity to warrant the resources and
inconvenience involved. If the Committee determines to refer the matter to a general
meeting, it may direct that a special general meeting be convened or may refer the matter
to the next general meeting.
d. Where the Committee passes
a disciplinary resolution under Rule 17(b), the Secretary shall advise the member or
person concerned in the same terms as Rule 18(a) above, and the processes of Rule (a), (b)
and (c) above shall apply.
Top of page
19. GRIEVANCE APPEALS
a. For the purpose of this
Rule, the hierarchy of authority within WESNET is as follows:
i. a WESNET employee
designated by the Committee;
ii. the Executive Committee;
iii. the Committee;
iv. the members in General
Meeting.
b. Any member or associate
member aggrieved by a decision of any entity within the WESNET hierarchy, as defined in
Rule 19(a) may lodge with the national office a written statement of their grievance and
request that the matter be reviewed by the next entity within the hierarchy of authority,
except that a matter may only go to a general meeting in the manner described in Rule
18(c).
c. The matter shall be
referred to the entity against whom the complaint is made for their written reasons for
the decision concerned, after which the process outlined in Rule 18(a) and (b) apply at
each stage. If a party remains aggrieved by a decision of the Committee, the process of
Rule 18(c) applies.
Top of page
20. THE EXECUTIVE COMMITTEE
a. The Executive Committee of
WESNET shall be constituted by four Committee members as the Committee determines. There
will be a quorum of three for any decision to take effect.
b. The functions of the
Executive Committee are:
i. such functions and powers
as are delegated to it by the Committee;
ii. such functions and powers
of the Committee which, by reason of urgency, cannot be exercised by the Committee,
including without being limited to, media responses;
iii. any powers of the
Committee of a minor nature which it is expedient for the Executive Committee to exercise.
c. The Secretary shall convene
a meeting of the Executive Committee and ensure that proper minutes are kept.
Top of page
21.
SUB-COMMITTEES
a. The Committee may establish
sub-committees as are necessary to conduct its business and fulfil its objects. The
Committee may delegate any of its powers to such sub-committees and make rules for
regulating the proceedings of the sub-committees.
b. The term of members of a
sub-committee is at the discretion of the Committee.
c. The Committee may appoint
associate members and non-members to sub-committees.
Top of page
22.
PUBLIC OFFICER
a. The Committee of WESNET
shall within fourteen (14) days after the incorporation of WESNET, appoint a member of
WESNET to be the Public Officer and, if the office becomes vacant, shall within fourteen
(14) days after it becomes vacant, appoint a member to fill the vacancy.
b. The office of the Public
Officer becomes vacant if the person holding that office:
i. dies;
ii. becomes bankrupt or
applies to take or takes advantage of any law relating to bankrupt or insolvent creditors
or compounds with her creditors;
iii. resigns her office by
writing under her hand addressed to the Committee;
iv. ceases to be a resident of
the Territory; or
v. is removed as Public
Officer by resolution of the Committee.
Top of page
23.
SOURCE OF FUNDS
The Association may derive
funds from member's subscriptions and contributions, grants and donations, fees for
services provided, charges for activities and any other lawful source.
24. FUNDS AND ACCOUNTS
a. The funds of WESNET shall
be banked in the name of WESNET in such bank as the Committee may from time to time
direct.
b. Proper books and accounts
shall be kept and maintained.
c. All moneys shall be banked
as soon as possible after receipt.
d. As soon as possible after
the end of each financial year the Treasurer shall arrange the preparation of a statement
containing particulars of:
i. income and expenditure for
the year just ended; and
ii. the assets, liabilities
and of all mortgages, charges and securities affecting the property of WESNET at the close
of that year.
e. Any member may inspect the
books and records of account at any reasonable time after application to the national
office.
Top of page
25. DISSOLUTION OF THE ASSOCIATION
a. WESNET shall be dissolved:
i. if the membership is less
than three (3); or
ii. a resolution to dissolve
WESNET is carried by a three-fourths majority of the members present at a general meeting
convened to consider the question. One (1) month’s notice in writing shall be given
to all members outlining the intention of the general meeting.
b. If upon the winding up or
dissolution of WESNET there remains, after satisfaction of all its debts and liabilities,
any property whatsoever, the same shall not be paid or distributed among the members of
WESNET but shall be given or transferred to some other institution or institutions having
objects similar to the objects of WESNET and which is a fund, authority or institution
referred to in paragraph 78(1)(a) of the Income Tax Assessment Act, 1936.
Top of page
26. ALTERATION OF RULES OF ASSOCIATION
These Rules may be amended, rescinded or
added to, by resolution, carried by a seventy five percent (75%) majority at any general
meeting. At least twenty-one (21) days notice in writing shall be given to all members.
Top of page
27. COMMON SEAL
The Committee shall provide for a common
seal and for its safe keeping, and it may be affixed and attested by a delegated employee
and one Committee member, or by two Committee members.
Top of page
28. FINANCIAL
YEAR
The financial year of WESNET shall commence
on 1st July and end on 30th June of the following year.
Top of page
29. NOTICES
The Committee shall determine the way
notice is given to members unless stated otherwise in these Rules.
Top of page
30.
APPOINTMENT OF AN AUDITOR
WESNET shall at the first Annual General
Meeting and at each Annual General Meeting appoint an Auditor. This shall be a person with
sufficient experience to carry out capably the duties of Auditor. This person shall not be
a member of WESNET.
Top of page
31.
ANNUAL AUDIT OF ACCOUNTS
a. The Committee shall submit
to the Auditor all the accounts, books and records of WESNET at the end of each financial
year.
b. The Auditor shall present a
detailed annual balance sheet and statement of receipts and expenditure at the Annual
General Meeting.
WESNET shall comply with Part 5 of the
Associations Incorporation Act, 1991 (ACT) concerning the presentation of financial
statements to the AGM.
CBG Info Page
|