Associations Incorporation Reform Act 2012
OWN RULES For an INCORPORATED ASSOCIATION
The Australian Association for Restorative Justice Inc (AARJ Inc)
Associations Incorporation Reform Regulations 2012
Part 3 Table of Provisions
PART 1—PRELIMINARY 3
1 Name 3
2 Purposes 3
3 Financial year 3
4 Definitions 3
PART 2—POWERS OF ASSOCIATION 4
5 Powers of Association 4
6 Not for profit organisation 4
PART 3—MEMBERS, DISCIPLINARY PROCEDURES AND GRIEVANCES 5
Division 1—Membership 5
7 Minimum number of members 5
8 Who is eligible to be a member 5
9 Application for membership 5
10 Consideration of application 5
11 New membership 5
12 Annual subscription and fee on joining 6
13 General rights of members 6
14 Associate members 6
15 Rights not transferable 7
16 Ceasing membership 7
17 Resigning as a member 7
18 Register of members 7
Division 2—Disciplinary action 7
19 Grounds for taking disciplinary action 7
20 Disciplinary subcommittee 8
21 Notice to member 8
22 Decision of subcommittee 8
23 Appeal rights 9
24 Conduct of disciplinary appeal meeting 9
Division 3—Grievance procedure 9
25 Application 9
26 Parties must attempt to resolve the dispute 10
27 Appointment of mediator 10
28 Mediation process 10
29 Failure to resolve dispute by mediation 10
PART 4—GENERAL MEETINGS OF THE ASSOCIATION 11
30 Annual general meetings 11
31 Special general meetings 11
32 Special general meeting held at request of members 11
33 Notice of general meetings 12
34 Proxies 12
35 Use of technology 13
36 Quorum at general meetings 13
37 Adjournment of general meeting 13
38 Voting at general meeting 14
39 Special resolutions 14
40 Determining whether resolution carried 14
41 Minutes of general meeting 15
PART 5—COMMITTEE 15
Division 1—Powers of Committee 15
42 Role and powers 15
43 Delegation 15
Division 2—Composition of Committee and duties of members 16
44 Composition of Committee 16
45 General Duties 16
46 President and Vice-President 16
47 Secretary 16
48 Treasurer 17
Division 3:Election of Committee members and tenure of office 17
49 Who is eligible to be a Committee member 17
50 Positions to be declared vacant 17
51 Nominations 18
52 Election of President etc. 18
53 Election of ordinary members 18
54 Ballot 18
55 Term of office 19
56 Vacation of office 20
57 Filling casual vacancies 20
Division 4—Meetings of Committee 20
58 Meetings of Committee 20
59 Notice of meetings 20
60 Urgent meetings 21
61 Procedure and order of business 21
62 Use of technology 21
63 Quorum 21
64 Voting 21
65 Conflict of interest 22
66 Minutes of meeting 22
67 Leave of absence 22
PART 6—FINANCIAL MATTERS 22
68 Source of funds 22
69 Management of funds 23
70 Financial records 23
71 Financial statements 23
PART 7—GENERAL MATTERS 23
72 Common seal 23
73 Registered address 24
74 Notice requirements 24
75 Custody and inspection of books and records 24
76 Winding up and cancellation 25
77 Alteration of Rules 25
OWN Rules for an Incorporated Association
Note
The persons who from time to time are members of the Association are an incorporated association by the name given in rule 1 of these Rules.
Under section 46 of the Associations Incorporation Reform Act 2012, these Rules are taken to constitute the terms of a contract between the Association and its members.
The name of the incorporated association is “The Australian Association for Restorative Justice Incorporated”. The Australian Association for Restorative Justice is a registered business name with ASIC.
Note
Under section 23 of the Act, the name of the association and its registration number must appear on all its business documents.
The purposes of the association are to support individuals and organisations working with restorative justice and restorative practices. AARJ promotes effective decision-making, dispute resolution, conflict management and healing in the justice system, along with educational, work, residential communities and wherever else people are seeking fairer and safer ways to heal social harm and promote well-being. The Australian Association for Restorative Justice supports restorative practitioners, professionals, researchers and policy makers across Australia.
The financial year of the Association is each period of 12 months ending on June 30th.
In these Rules—
absolute majority, of the Committee, means a majority of the committee members currently holding office and entitled to vote at the time (as distinct from a majority of committee members present at a committee meeting);
associate member means a member referred to in rule 14(1);
Chairperson, of a general meeting or committee meeting, means the person chairing the meeting as required under rule 46;
Committee means the Committee having management of the business of the Association;
committee meeting means a meeting of the Committee held in accordance with these Rules;
committee member means a member of the Committee elected or appointed under Division 3 of Part 5;
disciplinary appeal meeting means a meeting of the members of the Association convened under rule 23(3);
disciplinary meeting means a meeting of the Committee convened for the purposes of rule 22;
disciplinary subcommittee means the subcommittee appointed under rule 20;
financial year means the 12 month period specified in rule 3;
general meeting means a general meeting of the members of the Association convened in accordance with Part 4 and includes an annual general meeting, a special general meeting and a disciplinary appeal meeting;
member means a member of the Association;
member entitled to vote means a member who under rule 13(2) is entitled to vote at a general meeting;
special resolution means a resolution that requires not less than three-quarters of the members voting at a general meeting, whether in person or by proxy, to vote in favour of the resolution;
the Act means the Associations Incorporation Reform Act 2012 and includes any regulations made under that Act;
the Registrar means the Registrar of Incorporated Associations.