Fw: [Aust-NZ] Incorporation of Aust-NZ chapter [SEC=UNCLASSIFIED]

Roppola, Antti - BRS Antti.Roppola at brs.gov.au
Thu Apr 3 18:57:53 EDT 2008


Hamish wrote:

> ... the list must come to a clear consensus about the process first.
And if Tyler
> is going to be used as a trusted convener, he must agree and be given
a chance to 
> convey his thoughts about the process rather than have it thrust upon
him. We don't
> even have an answer to the WA residency question yet, do we? Or who
has accepted
> their nomination? How long is the elected term?

I was under the impression that the terms for setting up Incorporated
Associations are
fairly well defined. Here in the ACT, you nominate an innaugural
committee. You can
have the default constitution, or attached your own rules of
association, I'd presume
the committee is elected under the terms defined in those rules:

http://www.legislation.act.gov.au/af/2007-101/current/pdf/2007-101.pdf

> but are we jumping the gun here? there are other methods, e.g. elect a
board somehow,
> and have that board elect their chair (in public).
> (we are talking about electing a director here, is that right? even
that is not clear
> to me) I take it the WA laws say there must be a board as well as a
chair, correct?

I've been involved with a community group that took both approaches. 1.
Directtly electing
the executive positions. 2. Board memenbrs electing executive positions
from within the board.
We changed it to the latter as under the direct election method
originally in the association's
(home brew) rules lead to the following problems:
 - People would not get on the board if they lost the vote for the
position
 - Filling of executive vacancies ended up requiring an SGM
 - It made it very difficult for the board to replace ineffective
executives (SGM required)

I'd stick with the Model Rules and modify if required.

Looks like WA is taking the same approach:
http://www.docep.wa.gov.au/consumerprotection/associationsreview/media/D
raftModelRulesFinal.pdf

> I understand that 2009 is not far off and we need to get moving, but
we must do this right.

Agreed. :o)

Cheers,

Antti
P.S. Sorry if I am repeating any discussion that has already happened,
been a bit busy to read lists.

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