1. Name

(1)

The name of the incorporated Association is ABORIGINAL FAMILY SUPPORT SERVICES Incorporated referred to herein as the Association.

2. Definitions

In these Rules, unless the contrary intention appears:

(1) Council means the Committee of Management of the Association;

(2) Executive means the Executive Committee appointed by the Council;

(3) Chairperson means the person who is elected to preside at the meetings of the Association, Council or Executive;

(4) Meeting means a general meeting of members of the Association convened in accordance with these Rules;

(5) Member means a member of Association;

(6) The Act means the Associations Incorporated Act, 1985;

(7) The Regulations means the Associations Regulations, 1993;

(8) Special Resolution in relation to a meeting means a majority consisting of at least 75% (seventy-five per centum) of those persons present personally at that meeting and who are eligible to vote at that meeting;

(9) Words in one gender shall include words in any other gender and words of the singular member shall include the plural number and vice versa.

3. Purpose

3.1 Statement of Purpose

"We believe Aboriginal children should always live with their parents, uncles, aunts, brothers, sisters, cousins or grandparents. We recognise the importance of relatives by virtue of 'Kinship' or 'Skin' who are considered to be immediate family, not because of blood ties but by virtue of skin, a feature more prevalent among Aboriginal people living semi to traditional lifestyles. Aboriginal children need to live with their relatives. Sometimes this may not be possible. Then, other Aboriginal people must look after these children so that they do not lose their identity, culture and beliefs. We do not exclude non-Aboriginal caregivers. We assert that this should happen only where caregivers are committed to raising children and nurturing them in such a way that they will belong and feel part of the wider Aboriginal community. We maintain that our Aboriginal heritage is beyond value and no child should be deprived of its richness. We will strive to ensure that all Aboriginal children are safe in a caring and secure environment".

3.2 Objects and Purposes

(1) The Association shall have these objects and purposes;

(a) To identify Aboriginal children/youth kids at risk and to assist and give support wherever possible;

(b) To preserve Aboriginal family groups;

(c) To recruit suitable caregivers;

(d) To find suitable and appropriate placements for Aboriginal children/youth, including those at risk;

(e) To provide support and service to Aboriginal families;

(f) To seek culturally relevant legislation on child welfare;

(g) To eliminate the separation of Aboriginal children from the wider Aboriginal community;

(h) To assist in the reunification of Aboriginal families and enhance a sense of belonging to an Aboriginal community;

(i) To support young Aboriginals in independent living through a range of programs including supported residential accommodation;

(j) To do all such other lawful acts as may be incidental or conducive to the carrying out of the objects and purposes of the Association.

4. Powers

(1)

The Association shall have all the powers conferred by Section 25 of the Act save that the Association shall have the power to invest its moneys in any security in which an Act of Parliament does not state that trust moneys may be invested.

(2)

These include power to:

(a) Acquire, hold, deal with, and dispose of, any real or personal property;

(b) Administer any property on trust;

(c) Open and operate bank accounts;

(d) Appoint agents to transact any business of the Association on its behalf;

(e) Apply for and hold any license necessary to enable the Association to achieve its objectives;

(f) Enter into any other contract the Executive considers necessary or desirable having regard to the objects and purposes of the Association;

(g) Bring and defend such legal proceedings as the Executive deems fit;

(h) Enter into a lease or other agreement conferring on the Association a right to occupy lands on such terms as the Executive deems fit.

5. Membership and Register of Members

(1) A register of the members of the Association shall be kept.

(2) Membership will be open to Aboriginal persons resident in the geographical areas serviced by the Association. Provided that they are sixteen (16) years of age or older. Persons who so qualify and apply to the Association become members after payment of the subscription fee(s).

(3) Caregivers actively caring for Aboriginal children (where such caregivers are also of Aboriginal descent) are ex-officio members.

(4) The register shall include a notation as to the financial status of the members.

6. Subscriptions

(1) The initial subscription fee shall be three dollars ($3.30 incl GST) each year and subsequently the subscription fee payable annually shall be such sum as the members shall determine from time to time in general meeting.

(2) The subscription fee shall be payable annually on 1 July or at such other time as the Council shall determine from time to time.

(3) Any member whose subscription is outstanding for more than three (3) months after the due date for payment shall cease to be a member of the Association, provided always that the Council may reinstate such a person's membership on such terms as it thinks fit.

(4) Members may purchase life membership by paying a further fee of ten dollars ($10.00) or such other sum as the members shall determine from time to time.

(5) Caregivers shall be regarded as Full Honorary Non Paying members and are deemed to be financial members whilst they are actively caring for Aboriginal children provided that the caregivers are also of Aboriginal descent.

7. Resignation

(1) A member may resign from membership of the Association by giving written notice thereof to the Secretary or Public Officer of the Association.

(2) Any member so resigning shall be liable for any outstanding subscriptions, which shall be recovered as a debt due to the Association.

8. Suspension or Expulsion of a Member

(1) Subject to giving a member an opportunity to be heard or to make a written submission, the Council may resolve to suspend a member for a specific period or to expel a member upon a charge of misconduct detrimental to the interests of the Association, being made out against that member.

(2) Particulars of the charge shall be communicated to the member at least one (1) calendar month before the meeting of the Council at which the matter will be determined.

(3) The determination of the Council shall be communicated to the member and, in the event of an adverse determination, the member shall be suspended or subject to rule 8 (4), cease to be a member fourteen (14) days after the Council has communicated its determination to him or her. A period of suspension from membership must not exceed three (3) calendar months.

(4) It shall be open to a member to appeal to the Association in general meeting against an expulsion. The intention to appeal shall be communicated to the Secretary or Public Officer of the Association within fourteen (14) days after the determination of the Council has been communicated to the member.

(5) In the event of an appeal under rule 8 (4), the appellant's membership of the Association shall not be terminated unless the determination of the Council to expel the member is upheld by the members of the Association in general meeting after the appellant has been heard, and in such event membership will be terminated at the date of the general meeting after the appellant has been heard, and in such event membership will be terminated at the date of the general meeting at which the determination of the Council is upheld.

9. The Council

(1) The affairs of the Association including financial and property matters shall be managed and controlled by a Council which in addition to any powers and authorities conferred by these rules may exercise all such powers and do all such things as are within the objects of the Association, and are not by the Act or by these Rules required to be done by the Association in general meeting.

(2) The Council shall have the power to appoint the Chief Executive Officer and other such officers and employees as are required to carry out the objects of the Association, including a public officer and an auditor as required by the Act, and may delegate any of its powers to such officers and employees.

(3) The Council shall be comprised of seven (7) Aboriginal members. This includes a Chairperson, a Deputy Chairperson, a Secretary, a Treasurer and three (3) other financial members of the Association.

(4) Subject to Rule 9 (6) the financial members of the Association shall elect the members of the Council at an annual general meeting. All members of the Council shall be financial members of the Association.

(5) Without prejudice to the general powers given to the Council and Executive by the Act or under these Rules, the Chief Executive Officer shall have the power at his or her discretion to remove or suspend employees and agents and to designate the duties of employees and agents.

No member of the Council or Executive shall be actively involved with running the affairs of or administering the Association on a day-to-day basis.

(6) The first Council of the Association under these amended Rules shall be appointed at the meeting when the Association adopts these Rules. At each subsequent annual general meeting all members of the Council shall retire and shall be eligible to stand for re-election.

(7) The Council may appoint another financial member of the Association to fill a casual vacancy and that person shall hold office until the next annual general meeting of the Association and such person shall be eligible to stand for re-election.

(8) Notice of all persons seeking election to the Council shall be given to all members of the Association with the notice calling the meeting at which the election is to take place.

(9) If only the required number of persons are nominated to fill existing vacancies, the secretary shall report accordingly to the annual general meeting, and the Chairperson shall declare such persons duly elected as Council members.

(10) The Council will appoint from its membership an Executive of four (4) persons, being the Chairperson, the Deputy Chairperson, Secretary and Treasurer of the Association.

10. Disqualification of Council Members

(1) The office of Council member shall become vacant if a Council member is:

(a) Disqualified by the Act;

(b) Expelled under these Rules;

(c) Permanently incapacitated by ill health;

(d) Absent without apology from either more than two (2) consecutive Council meetings, or more than two (2) meetings in a term of office;

(e) Employed periodically or regularly by the association on a substantial basis other than as a caregiver.

11. Proceedings of Council

(1) The Council shall meet together for the dispatch of business at least every four (4) months.

(2) Questions arising at any meeting shall be decided by a majority of votes, and in the event of an equality of votes the Chairperson shall have a casting vote in addition to a deliberative vote.

(3) A quorum for a meeting of the Council shall be four (4) members of the Council.

(4) A member of the Council having pecuniary interest in a contract with the Association must disclose that interest to the council as required by the Act, and shall not vote with respect to that contract.

12. The Executive

(1) The Executive shall have such powers and authorities as are delegated to it by the Council.

(2) The Executive shall be comprised of the Chairperson, the deputy Chairperson, the Secretary and the Treasurer (The "Office Bearers").

(3) The Executive shall be appointed by the newly elected Council at its first meeting after the annual general meeting of the Association. At each subsequent annual general meeting all members of the Executive shall retire and shall be eligible for re-appointment.

(4) The Council may appoint another Council member to fill a casual vacancy on the Executive and that person shall hold office until the next annual general meeting of the Association and he or she shall be eligible for re-appointment.

13. Disqualification of Executive Members

(1) The office of an Executive member shall become vacant if an Executive member is:

(a) Disqualified by the Act from being a member of the Council;

(b) Expelled under these Rules;

(c) Permanently incapacitated by ill health;

(d) Absent without apology for either more than three (3) consecutive Executive meetings or more than three (3) Executive meetings in a term of office.

14. Proceedings of the Executive

(1) The Executive shall meet together for the dispatch of business as required.

(2) Questions arising at any meeting shall be decided by a majority of votes. In the event of an equality of votes, the Chairperson or any person chairing the meeting shall have a casting vote, in addition to a deliberative vote.

(3) A quorum for a meeting of the Executive shall be three (3) members.

(4) A member of the Executive having a pecuniary interest in a contract with the Association must disclose that interest to the Executive (as required by the Act for members of the Council) and shall not vote with respect to that contract.

15. Duties of the Office Bearers

15.1 Chairperson

(1) The primary duty of the Chairperson is to ensure the successful functioning of the Association, the Council and the Executive. He or she shall endeavor to assist in the achievement of the objects and purposes of the Association.

(2) Accordingly, the Chairperson shall:

(a) Uphold the Rules of the Association;

(b) Preside at meetings of the Council, the Executive and general meetings of the Association;

(c) Represent and act, subject to the instructions of a Council or an Executive meeting or a general meeting of the Association, on behalf of the Association in the interval between meetings.

(3) In particular, the Chairperson shall:

(a) Request the Chief Executive Officer to call in meetings in accordance with these Rules or as the need arises;

(b) Before each meeting of the Council, Executive or general meeting of the Association:

(i) Consult with the Secretary and the Chief Executive Officer in the preparation of an agenda;

(ii) Ensure that the notice for the meeting of the Council, Executive or a general meeting of the Association conforms with these Rules;

(iii) Check the accuracy of any minutes of a previous meeting being presented to the meeting for acceptance;

(c) Open the meeting when a quorum is present and ask for any apologies to be noted;

(d) Sign the minutes of the previous meeting as correct after these have been read over and accepted at the meeting;

(e) Preserve order and warn any member who is causing a disturbance at a meeting that the member may be removed;

(f) Ensure that debates are conducted in a correct manner and, in particular, to ensure that there is one speaker at a time;

(g) Close or adjourn the meeting.

15.2 Deputy Chairperson

(1) This officer shall:

(a) Act as the deputy of the Chairperson and shall take his or her place when the Chairperson is absent or unable to undertake the duties of his/her office.

(b) At the request of the Chairperson, chair meetings of the Council, Executive or general meetings of the Association if the Chairperson withdraws from the meeting or is for some other reason unable to continue in the chair during a meeting.

15.3 Secretary

(1) The Secretary shall:

(a) Maintain a register of all members, showing any details such as dates of birth, addresses, dates of acceptance as members and any other information that the Council or Executive may from time to time prescribe;

(b) Maintain a file of all applications for membership received by the Association.

(c) Maintain a record of the financial status of all members.

(2) The Secretary shall also:

(a) Ensure that a proper notice for all meetings is given by the Chief Executive Officer in accordance with these Rules;

(b) Maintain the Association's minute books and ensure that the minutes of the proceedings of the Council, Executive and of general meetings of the Association are entered into the minute book within one (1) month after the relevant meeting and, in particular, noting any declarations of pecuniary interest by members;

(c) Prepare an agenda, in consultation with the Chairperson and the Chief Executive Officer prior to each meeting;

(d) Conduct any official correspondence to and from the Association on behalf of the Association and regularly inform the Executive of any such correspondence;

(e) Keep the Association's common seal in safe custody.

15.4 Treasurer

(1) The Treasurer shall:

(a) Ensure that proper accounts and records of all transactions relating to the affairs of the Association are maintained;

(b) Ensure that all money received is deposited (no later than three (3) working days following the receipt or as soon as possible thereafter) in the Association's bank account;

(c) Submit to each meeting of the Executive a brief report written in conjunction with the Manager, Administrative Services or other employee or agency responsible for the Association's finances. This report shall reflect the financial status of the Association for the preceding period;

(d) Assist the auditor(s) of the Association by providing full and free access to financial records in the Treasurer's possession or those held by persons administering the Association's finances;

(e) Submit a Treasurer's report so as to inform the members of the financial status of the Association at each annual general meeting.

16. Financial Year

(1) The financial year of the Association shall be a period of twelve (12) months ending on the 30th day of June in each year. The first financial year under these amended Rules commences on 1 July 1999 and ends on 30 June 2000.

17. Borrowing Powers

(1) Subject to this Rule, the Association may borrow money from banks or other financial institutions upon such terms and conditions as the Executive sees fit, and may secure the repayment thereof by charging the property of the Association.

(2) Subject to Section 53 of the Act, the Association may invite and accept deposits of money from any person on such terms and conditions as may be determined by the Executive from time to time.

18. Rules

(1) Subject to approval by an ordinary resolution of the financial members of the Association, these Rules may be altered (including an alteration to name) or be rescinded and replaced by substituted Rules.

19. The Seal

(1) The Association shall have a common seal upon which its corporate name shall appear in legible characters.

(2) The seal shall not be used without the express authorisation of the Executive, and every use of the seal shall be recorded in the minute book of the Association. The affixing of the seal shall be witnessed by any two (2) of the following: The Chairperson, the Deputy Chairperson and the Treasurer.

(3) The seal shall be kept in the custody of the Secretary or such other persons as the Executive may from time to time decide.

20. Cheques

(1) The Council is to nominate four (4) people who may sign cheques on behalf of the Association.

(2) Each cheque is to be signed by two (2) out of the four (4) people nominated by the Council.

21. Meetings

(1) The Council may call a special general meeting of the Association at any time and shall call an annual general meeting in accordance with the Act.

(2) The first annual general meeting shall be held within eighteen (18) months after the incorporation of the Association and thereafter within five (5) months after the end of its financial year.

(3) Upon a request in writing ("the requisition") of not less than ten (10) financial members of the Association ("the requisitionists") the Council shall, within one (1) month of the receipt of that request, convene a special general meeting for the purpose specified in the requisition.

(4) Every requisition for a special general meeting shall be signed by the members making the same and shall state the purpose of the meeting.

(5) If a special general meeting is not convened within one (1) month as required by Rule 21 (3) the requisitionists may convene a special general meeting. Such a meeting shall be convened in the same manner as a meeting convened by the Council and for this purpose the Council shall ensure that the requisitionists are supplied free of charge with particulars of the members entitled to receive a notice of the meeting. The reasonable expenses of convening and conducting such a meeting shall be borne by the Association.

(6) Subject to Rule 21 (7), at least fourteen (14) days' notice of any general meeting shall be given to members. The notice shall set out where and when the meeting will be held and in particular the nature and order of the business to be transacted at the meeting. In the case of an annual general meeting, the order of the business at the meeting shall be the consideration of the accounts and reports of the Council and the auditors, the appointment of auditors and Council members and any other business requiring consideration by the Association in general meeting.

(7) Notice of a meeting at which a special resolution is to be proposed shall be given at least twenty-one (21) days prior to the date of the meeting.

(8) A notice may be given by the Association to any member by serving the member with the notice personally or by sending a message by facsimile or electronic mail ("email") or it may be posted to the address appearing in the register of members.

(9) Where a notice is sent by facsimile or email, service of the notice shall be deemed to be effected when it is retrieved by the member. If the notice is sent by post, service shall be deemed to be effected if it is properly addressed and posted to the member by ordinary pre-paid mail.

22. Proceedings at General Meetings

(1) Ten (10) members or twenty-five per centum (25%) of the financial members, whichever is the lesser, present shall constitute a quorum at any general meeting.

(2) Only financial members can speak and vote on an issue to be decided at any meeting of the Association.

(3) If, within thirty (30) minutes after the time appointed for any general meeting, a quorum of members is not present, a general meeting convened upon the requisition of members shall lapse. In any other case, a general meeting shall stand adjourned to the same day in the next week, at the same time and place and if at such adjourned general meeting a quorum is not present within thirty (30) minutes of the time appointed for the general meeting, the members present shall form a quorum.

(4) The Chairperson, or if there be no Chairperson, then the Deputy Chairperson or, in their absence or, on their declining to take or, retiring from the chair, one of the members chosen by the other members present at the meeting shall preside at general meetings of the Association.

(5) If the Chairperson or other presiding member is not present at the place notified within five (5) minutes after the time appointed for holding the meeting, the members present may choose one of their number to be the presiding member for that meeting.

(6) The Chairperson may, with the consent of any meeting at which a quorum is present and shall, if so directed by the meeting, adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than business left unfinished at the meeting from which the adjournment took place.

(7) When a meeting is adjourned for thirty (30) days or more, notice of the adjourned meeting shall be given as if that meeting were an original meeting of members.

(8) At any general meeting, a resolution put to a vote shall be decided on a show of hands and a declaration by the Chairperson or other presiding member that a resolution has been carried or lost shall, unless a poll is demanded, be conclusive evidence of the fact, without proof of the number or proportion of votes recorded in favour of, or against, the resolution.

(9) If a poll is demanded by the Chairperson or other presiding member or by three (3) or more financial members present personally, it shall be taken in such manner as the Chairperson or other presiding member directs. The result of such poll shall be the resolution of the meeting, except that in the case of a special resolution a majority of not less than three quarters of the financial members who, being entitled to do so, vote personally at the meeting is required.

(10) A poll demanded on the election of a presiding member of a meeting or on any question of an adjournment shall be taken at the meeting and without adjournment.

23. Minutes

(1) Proper minutes of all proceedings of meetings of the Association and of meetings of the Council and Executive shall be entered within one (1) month after the meeting in minute books kept for the purpose.

(2) The minutes kept pursuant to this Rule shall be adopted by those present at the next meeting and signed by the Chairperson or other presiding member of the meeting at which proceedings took place or by the Chairperson or presiding member of the next succeeding meeting.

(3) Where minutes are entered and signed these shall, until the contrary is proved, be evidence that the meeting was convened and duly held, that all proceedings held at the meeting shall be deemed to have been duly held, and that all appointments made at a meeting shall be deemed to be valid.

24. Voting Rights

(1) All financial members shall be entitled to one (1) vote at any meeting, except where there is an equality of votes. In such a case, the Chairperson or such other presiding member may use a casting vote in addition to his/her deliberative vote on any question or motion before the meeting.

25. Accounts

(1) The Association shall keep such accounting records as are necessary to record correctly and explain the financial transactions and financial position of the Association.

(2) The Association shall, where required by the Act, appoint an auditor and shall cause the accounts of the Association to be audited.

26. Winding Up

(1) The Association may be wound up in a manner provided for in the Act.

27. Application of Surplus Assets

(1) If after the winding up of the Association there remains surplus assets as defined in the Act, such surplus assets shall not be distributed among the members but shall be given to another Association in South Australia with similar objects or, if none exists, then to another Association else where here in Australia with similar objects.

28. Circumstances not Provided for In Rules

(1) If any circumstances shall arise on which these Rules are silent or are incapable of taking effect or being implemented according to the strict provisions of any Rule, the Council and the Executive shall have power to determine what action may be taken best to give effect to the objects and purposes of the Association and ensure its efficient administration.

(2) Every act of the Council and/or Executive bona fide resolved upon pursuant to this clause shall be as valid and effectual as if specifically authorised by these Rules.