Constitution

SOUTH AUSTRALIAN COUNCIL FOR CIVIL LIBERTIES INCORPORATED

CONSTITUTION

OBJECTS

The objects of the Council are to advance measures and take those steps it deems necessary for the defence and extension of civil liberties in South Australia and the rights and freedoms recognised by national or international law. In particular the Council shall strive to ensure and safeguard the rights of all people:

(a) To live in freedom, safe from personal harm;

(b) To protection from ill treatment or punishment that is unjust inhuman or degrading;

(c) To equality and justice before the law;

(d) To freedom from discrimination and vilification on grounds such as disability, political or other opinion, race, religion, sex or sexual orientation and marital or other status;

(e) To protection from arrest and unnecessary detention; to a fair, speedy and public trial; to be presumed innocent until proven guilty, and to prompt legal advice and representation;

(f) To a fair hearing before any authority exercising power over the individual;

(g) To freedom of thought and belief;

(h) To freedom of speech and publication;

(i) To freedom of peaceful assembly and association;

(j) To move freely within one's country of residence and to leave and enter it without hindrance;

(k) To an effective remedy against any breach of these rights;

(l) To defend and promote the human rights and civil liberties of individuals and groups;

(m) To defend and promote women’s rights as human rights;

(n) To defend and promote international human rights standards;

(o) To inform public opinion on matters which impact on human rights and civil liberties;

(p) To monitor the observance of human rights and civil liberties;

(q) To carry out research into human rights;

(r) To influence decision-making in the area of human rights and civil liberties;

(s) To develop links with other national and international organisations working in the sphere of human rights and civil liberties.

NAME

1.

The name of the incorporated association is South Australian Council for Civil Liberties Incorporated ("the Council"). The Association shall be incorporated under the Association Incorporation Act (SA).

MEMBERSHIP

2.

(1) Members shall be individuals or organisations accepted by the Committee after application in writing and payment of the membership fee.

(2) The Committee may approve a membership application if the Committee is satisfied that the applicant supports the purposes of the Council and will not use the Council to further the interests of any political, religious or other party group or organisation.

(3) The annual subscription and any categories of membership and subscriptions for membership shall be set by the Committee.

(4) The period for the purposes of the annual subscription is the financial year.

(5) A new member is liable to pay the full annual subscription for the financial year during which he or she becomes a member.

(6) The Committee may by a two-thirds majority resolve to expel a member from the Council, if the Committee is of the opinion that the member has been guilty of conduct unbecoming a member or prejudicial to the interests of the Council. Such a resolution is subject to an appeal to the next General Meeting of the Council for final resolution of the matter. The member shall have a fair opportunity to be heard at the General Meeting and before the Committee before any resolution is voted on.

(7) A member may resign from the association by notice in writing addressed to the Committee.

ANNUAL GENERAL MEETING

3.

(1) The Council shall in each calendar year convene an annual general meeting of its members.

(2) The annual general meeting shall be held within 5 months of the end of the financial year.

(3) The ordinary business of the annual general meeting shall be--

(a) to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;

(b) to receive the Chairperson’s report and the Treasurer’s report;

(c) to elect a Chairperson, Secretary and Treasurer (‘the office-bearers’) and between 3 and 7 other Committee members; and

(4) The annual general meeting may transact special business of which notice is given in accordance with these Rules.

(5) Nominations for Committee positions will be accepted without notice.

(6) The annual general meeting shall be in addition to any other general meetings that may be held in the same year.

SPECIAL GENERAL MEETING

4.

All general meetings other than the annual general meeting shall be called special general meetings.

5.

(1) The Committee may convene a special general meeting of the Council.

(2) The Secretary shall convene a special general meeting of the Council if requested to do so by at least 10 members.

(3) A request for a special general meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the Secretary.

(4) If the Committee does not cause a special general meeting to be held within the month after the date on which the requisition is sent to the address of the Secretary, the members making the requisition, or any of them, may convene a special general meeting to be held not later than three months after that date.

(5) A special general meeting convened by members in pursuance of these Rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the Committee and, all reasonable expenses incurred in convening the meeting shall be refunded by the Council to the persons incurring the expenses.

NOTICE OF MEETING

6.

(1) The Secretary of the Council shall give members at least 21 days notice of any general meeting of the Council.

(2) No business other than that set out in the notice convening the meeting shall be transacted at the meeting unless agreed to by the majority members attending that meeting.

(3) A member desiring to bring any business before a meeting may give notice of that business in writing to the secretary, who shall include that business in the notice calling the next general meeting after the receipt of the notice.

PROCEEDINGS AT MEETINGS

7.

(1) All business that is transacted at a special general meeting and all business that is transacted at the annual general meeting with the exception of that specially referred to in these Rules as being the ordinary business of the annual general meeting shall be deemed to be special business.

(2) No item of business shall be transacted at a general meeting unless a quorum of members entitled under these Rules to vote is present during the time when the meeting is considering that item.

(3) 15 members personally present, or 50% of the membership, whichever is the lesser number (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.

(4) If within half an hour after the appointed time for the commencement of a general meeting, a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place and if at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present shall be a quorum.

8.

The Chairperson shall preside at each general meeting of the Council unless the members present at a general meeting resolve to elect one of their number to preside as Chairperson at the Meeting.

9.

(1) Upon any question arising at a general meeting of the Council, a member has one vote only.

(2) Voting can only be by individual members, or the duly appointed representative of an organisational member, present at the meeting.

(3) In the case of an equality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting vote.

COMMITTEE OF MANAGEMENT

10.

(1) The affairs of the Council shall be managed by the Management Committee elected at the Annual General Meeting. The first Management Committee shall comprise of those persons elected at the Inaugural Meeting held on March 27, 2003.

(2) The Committee--

(a) shall manage the affairs of the Council;

(b) shall have the power to co-opt further ordinary Committee members if there are less than 10 members on the Committee.

11.

In the event of a casual vacancy among the office-bearers the Committee may appoint one of its members to the vacant office and the member so appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of the appointment.

BY-LAWS

12.

The Committee may from time to time make, amend or appeal By-Laws, not inconsistent with this Constitution, for the internal management of the organisation and any By-Laws may be set aside by a General Meeting of Members.

PUBLIC STATEMENTS

13.

Only such members as are authorised expressly by the Committee may make public statements in the name of the Council.

PROCEEDINGS OF COMMITTEE

14.

(1) The Committee shall meet at least 3 times between annual general meetings at such place and such times as the Committee may determine.

(2) Special meetings of the Committee may be convened by the Chairperson or by any four of members of the Committee.

(3) Notice shall be given to members of the Committee of any special meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such a meeting.

(4) Any four members of the Committee constitute a quorum for the transaction of the business of a meeting of the Committee.

(5) The Secretary shall notify Committee members of Committee meetings in writing a reasonable time before the meeting.

SECRETARY

15.

(1) The Secretary of the Council shall keep minutes of the resolutions and proceedings of each general meeting and each committee meeting.

(2) The secretary shall keep and maintain a register of members in which shall be entered the full name, address, date of entry of the name, and financial status (ie, whether annual subscription has been paid) of each member and the register shall be available for inspection by members upon request.

(3) The Secretary shall act as Public Officer of the Association.

TREASURER

16.

The Treasurer of the Council--

(a) shall collect and receive all moneys due to the Council and make all payments authorised by the Council; and

(b) shall keep correct accounts and books showing the financial affairs of the Council with full details of all receipts and expenditure connected with the activities of the Council.

CHEQUES

17.

All cheques shall be signed by the Treasurer and either one of the other Office-Bearers.

ALTERATION OF RULES AND STATEMENT OF PURPOSES

18.

The objectives of the Council shall not be altered except by Special Resolution and otherwise this Constitution shall not be altered except by a two-thirds majority vote at an Annual General Meeting or Special General Meeting asked for that purpose.

WINDING UP OR CANCELLATION

19.

(1) The income and property of the Council shall be used solely to promote its purposes. None of the income or property shall be distributed paid or transferred directly or indirectly among the members of the Council, provided that payment in good faith may be made to members, by way of remuneration in return for any services actually rendered to the Council, or the payment for expenses incurred on authorised Council business.

(2) The Council may be wound up by a special resolution at a General Meeting. If this occurs, and some property remains after payment of all debts and liabilities, it shall be given or transferred to some other non-profit association having purposes similar to the purposes of the Council, and which prohibits the distribution of its income and property among its members to an extent at least as great as is imposed on the Council, such institution or instructions to be determined in accordance with a special resolution of the members of the Council.

CERTIFICATION

We certify that this is a true and correct copy of the constitution of The South Australian Council for Civil Liberties Incorporated.