New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 237

237 Rules to provide for procedural and administrative matters

(1) The rules of a State organisation must provide for--

(a) the entrance fees, subscription, affiliation and other amounts (if any) to be paid by members of the organisation, and

(b) the procedure (if any) for the disciplining of members and the mechanism (if any) for appeals by members in respect of disciplinary action taken against them, and

(c) the name, constitution, membership, powers and duties of the committees of, and the powers and duties of holders of offices in, the organisation and, in particular--

(i) the election or appointment of members of the committees, and

(ii) the terms of office of members of the committees, and

(iii) the grounds on which, or the reasons for which, the office of a member of a committee becomes vacant, and

(iv) the filling of casual vacancies occurring on the committees, and

(v) the quorum and procedure at meetings of the committees, and

(d) the manner of summoning meetings of members of the organisation and meetings of the committees of the organisation, and

(e) the quorum and procedure at general meetings of members of the organisation and whether members are entitled to vote by proxy at general meetings, and

(f) the intervals between general meetings of members of the organisation and the manner of calling general meetings, and

(g) the time within which, and the manner in which, notices of general meetings and notices of motion are to be given, published or circulated, and

(h) the removal of holders of offices in the organisation, and

(i) the control of committees of the organisation by the members of the organisation, and

(j) the sources from which the funds of the organisation are to be, or may be, derived, and

(k) the manner in which the funds of the organisation are to be managed and, in particular, the mode of drawing and signing cheques on behalf of the organisation, and

(l) the manner in which documents may be executed by or on behalf of the organisation, and

(m) the manner in which the property of the organisation is to be controlled and its funds invested, and

(n) the conditions under which funds may be spent, and

(o) the custody of books, documents and securities of the organisation, and

(p) the inspection by members of the organisation of books and documents of the organisation, and

(q) the registered office of the organisation (which must be within New South Wales), and

(r) the annual or periodic auditing of the accounts of the organisation, including the appointment of an auditor and the grounds on which, or the reasons for which, the position of auditor becomes vacant, and

(s) the keeping of accounting records by the organisation, and

(t) the times when, and the terms on which, persons become or cease (otherwise than by resignation) to be members, and

(u) the resignation of members, and

(v) the keeping of a register of the members, arranged, if there are branches of the organisation, according to branches, and

(w) the manner in which the rules may be altered or rescinded, and

(x) any other matters that may be prescribed by the regulations.

(2) The rules of a State organisation may provide for the removal from office of a person elected to an office in the organisation only if the person has been found guilty, under the rules of the organisation, of--

(a) misappropriation of the funds of the organisation, or

(b) a substantial breach of the rules of the organisation, or

(c) gross misbehaviour or gross neglect of duty,

or has ceased, under the rules of the organisation, to be eligible to hold office.

(3) The rules of a State organisation must require the organisation to inform applicants for membership, in writing, of--

(a) the financial obligations arising from membership, and

(b) the circumstances, and the manner, in which a member may resign from the organisation.

(4) The rules of an organisation may also provide for any other matter.

(5) In this section--

"committee" , in relation to a State organisation, means a collective body of the organisation that has powers of the kind mentioned in the definition of
"office" in the Dictionary.