Part A – Preliminary
1. Statement of Objects:
1.1 “To provide joint-denominational Christian SRE and ministry in State High Schools in the local Bulli, Woonona and Corrimal area, under the oversight of the ministers of the ‘Affiliate Churches’ belonging to the Northern Illawarra Ministers Fellowship [in line with the Statement of Faith].”
1.2 The Association shall be known as Northern Illawarra Combined Churches Education Board Inc. (The Association) or ‘BWCB’.
2.1 In these rules:
2.1.1 Commissioner: means the Commissioner of the Office of Fair-Trading.
2.1.2 Ordinary Member: means a member of the association who is not an office-bearer of the association, as referred to in rule clause Part C.2.1.
2.2 Secretary: means:
2.2.1 The person holding office under these rules as secretary of the association, or;
2.2.2 If no such person holds that office – the public officer of the association performs the secretary role.
2.3 Special General meeting: means a general meeting of the association other than an annual general meeting.
2.4 The Act: means the Associations Incorporation Act 1984.
2.5 The Regulation: means the Associations Incorporations Regulation 1999.
2.6 Affiliate Church: means a Church that:
2.6.1 Financially contributes to the Association, and;
2.6.2 Has been accepted by the association as an affiliate Church, and;
2.6.3 Agrees to be bound by the ‘Statement of Purpose’; and;
2.6.4 Belongs to a denomination or group registered to provide SRE in NSW Public Schools.
2.7 Association: means the “BWCB” Northern Illawarra Combined Churches Education Board.
2.8 Poll: means a secret ballot.
2.9 In these rules:
2.9.1 A reference to a function includes a reference to a power, authority and duty, and;
2.9.2A reference to a function includes, if the function is a duty, a reference to the performance of the duty.
2.10 The Provisions of the Interpretation Act 1987 apply to and in respect of these rules in the same manner as those provisions would apply if these rules were an instrument made under the Act.
Part B – Membership
1. Membership Qualifications:
A person is qualified to be a member of the association if, but only if:
1.1 The person is a person referred to in section [15.1-A/,B/ or C/] of the Act and has not ceased to be a member of the association at any time after incorporation of the association under the Act, or;
1.2 The person is a natural person:
1.2.1 Who has been nominated for membership of the association as provided by rule 3, and;
1.2.2 Who [is an active member of the Affiliate Church and] has been duly elected or appointed by that affiliate Church to become a member of the association. A signed letter from the minister or a senior executive of an affiliated Church to the secretary of the Association shall be sufficient proof that a person has been elected or appointed by the Church to become a member of the association.
1.3 Each affiliated Church has the right to send one minister to be a member of the association, in addition to the two appointed or elected members.
1.4 Employees of the association are welcome to attend meetings as observers at the invitation of the association.
2. Nomination for membership:
2.1 A person who satisfies the Association that they meet the qualifications for membership thereupon becomes a member of the Association. As soon as practicable after the Association makes that determination, the secretary must:
2.1.1 Notify the nominee, in writing, that the Association approved or rejected the
nomination (whichever is applicable), and;
2.1.2 If the Association approved the nomination, request the nominee to pay (within the period of 28 days after receipt by the nominee of the notification) the sum payable under these rules by a member as entrance fee and annual subscription. The secretary must, on payment by the nominee of the amounts referred to in clause Part 1.1.2 within the period referred to in that provision, enter the nominee’s name in the register of members and, on the name being so entered, the nominee becomes a member of the association.
3. Cessation of membership
A person ceases to be a member of the association if the person:
3.1 Dies, or;
3.2 Resigns membership, or;
3.3 Are expelled from the association, or;
3.4 If the church the member represents no longer meets the definition in clause Part A.2.6 of “Affiliate Church” or;
3.5 Is advised in writing by the secretary that the Affiliate Church has indicated to the Association that the person no longer has the endorsement of the Church to be a member of the Association, or;
3.6 Becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health, or;
3.7 Is, or becomes a member of a Church, which is not an Affiliate Church.
4. Membership entitlements not transferable
A right, privilege or obligation, which a person has by reason of being a member of the association:
4.1 Is not capable of being transferred or transmitted
4.2 Terminates on cessation of the person’s membership.
5. Resignation of membership
5.1 A member of the association is not entitled to resign that membership except in accordance with this rule.
5.2 A member of the association who has paid all amounts payable by the member to the association in respect of the member’s membership may resign from membership of the association by first giving to the secretary written notice of at least one month (or such other period as the association may determine) of the member’s intention to resign and, on the expiration of the period of notice, the member ceases to be a member.
5.3 If a member of the association ceases to be a member under clause Part B.5.2, and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.
6. Register of members
6.1 The public officer of the association must establish and maintain a register of members of the association specifying the name and address of each person who is a member of the association together with the date on which the person became a member.
6.2 The register of members must be kept at the principal place of administration of the association and must be open for inspection, free of charge, by any member of the association at any reasonable hour.
6.3 The Public Officer of the association must establish and maintain a register of members of the Committee specifying the name and address of each person who is a member of the committee together with the date on which the person became a member. This register shall be kept at the residential address of the public officer or at such other place as may be prescribed under the act.
7. Fees and subscriptions
7.1 A member of the association must, on admission to membership, pay to the association a fee of $1 or, if some other amount is determined by the association, that other amount.
7.2 In addition to any amount payable by the member under clause Part B.7.1, a member of the association must pay to the association an annual membership fee of $2 or, if some other amount is determined by the association, that other amount:
7.2.1 Except as provided by paragraph clause Part B.7.2.2, before 1 July in each calendar year, or;
7.2.2 If the member becomes a member on or after 1 July in any calendar year – on becoming a member and before 1 July in each succeeding calendar year.
8. Members’ liabilities
8.1 The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of the winding up of the association is limited to the amount, if any, unpaid by the member in respect of membership of the association as required by rule clause Part B.6.
9. Resolution of internal disputes
9.1 Disputes between members (in their capacity as members) of the association, and disputes between members and the association, are to be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983.
9.2 At least 7 days before a mediation session is to commence, the parties are to exchange statements of the issues that are in dispute between them and supply copies to the mediator.
10. Disciplining of members
10.1 A complaint may be made to the association by any person that a member of the association:
10.1.1 Has persistently refused or neglected to comply with a provision or provisions of these rules, or;
10.1.2 Has persistently and willfully acted in a manner prejudicial to the interests of the association.
10.2 On receiving such a complaint, the association:
10.2.1 Must cause notice of the complaint to be served on the member concerned; and;
10.2.2 Must give the member at least 14 days from the time the notice is served within which to make submissions to the association in connection with the complaint, and;
10.2.3 Must take into consideration any submissions made by the member in connection with the complaint.
10.3 The association may, by resolution, expel the member from the association or suspend the member from membership of the association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.
10.4 If the association expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the association for having taken that action and of the member’s right of appeal under rule clause Part B.11.
10.5 The expulsion or suspension does not take effect:
10.5.1 Until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or;
10.5.2 If within that period the member exercises the right of appeal, unless and until the association confirms the resolution under rule clause Part B.11.5, whichever is the later.
11. Right of appeal of disciplined member
11.1 A member may appeal to the association in general meeting against a resolution of the association under rule clause Part B.9, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.
11.2 The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.
11.3 On receipt of a notice from a member under clause Part B.11.1, the secretary must notify the association, which is to convene a general meeting of the association to be held within 28 days after the date on which the secretary received the notice.
11.4 At a general meeting of the association convened under clause Part B.11.3:
11.4.1 No business other than the question of the appeal is to be transacted, and;
11.4.2 The association and the member must be given the opportunity to state their respective cases orally or in writing, or both, and;
11.4.3 The members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
11.5 If at the general meeting the association passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.
Part C – The Association
1. Constitution and membership
1.1 The office-bearers of the association are to be:
1.1.1 The president; and;
1.1.2 The treasurer, and;
1.1.3 The secretary, and;
1.2 Each member of the association is, subject to these rules, to hold office until the conclusion of the annual general meeting following the date of the member’s election, but is eligible for re-election.
1.3 In the event of a casual vacancy occurring in the membership of the association, the association may appoint a member of the association to fill the vacancy and the member so appointed is to hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment.
1.4 The Association may decide (subject to the provisions in clause Part B.11.5 and clause Part C.9) by special resolution made at any time that there shall be a committee of management which shall be made up of the Office Bearers and such ordinary members as it specifies in that special resolution. Any Special Resolution made in accordance with this sub-clause will take effect from the date of the meeting at which it is passed and elections for ordinary members of the Committee shall take place at that meeting. The persons so elected shall hold office until the next Annual meeting. Until such a resolution is passed all references to the doing of any thing by the Committee under these rules shall be read as a reference to the Association. The Committee so formed shall be called the Committee of Management of the Association
and, subject to the Act, the Regulation and these rules and to any resolution passed by the
Association in general meeting;
1.4.1 Shall control and manage the affairs of the Association;
1.4.2 May exercise all such functions as may be exercised by the Association other than those functions that are required by these Rules to be exercised by a general meeting of members of the Association; and;
1.4.3 Has power to perform all such acts and do all such things as appear to the Committee to be necessary of affairs of the association.
1.5 Until the Association passes a resolution to form a Management Committee pursuant to the preceding clause the management of the Association shall be conducted by the Association in General Meeting.
2. Election of office-bearers
2.1 Nominations of candidates for election as office-bearers of the association:
2.1.1 Must be made in writing, signed by 2 members of the association and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination).
2.1.2 Must be delivered to the secretary of the association at least 7 days before the date fixed for the holding of the annual general meeting at which the election is to take place.
2.2 If insufficient nominations are received to fill all vacancies on the association, the candidates nominated are taken to be elected and further nominations are to be received at the annual general meeting.
2.3 If insufficient further nominations are received, any vacant positions remaining on the association are taken to be casual vacancies.
2.4 If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
2.5 If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
2.6 The ballot for the election of office-bearers and ordinary members of the association is to be conducted at the annual general meeting in such usual and proper manner as the association may direct.
3.1 The Secretary of the association must, as soon as practicable after being appointed as secretary, lodge notice with the association of his or her address.
3.2 It is the duty of the secretary to keep minutes of:
3.2.1 All appointments of office-bearers and members of the association, and;
3.2.2 The names of members of the association present at a association meeting or a general meeting, and;
3.2.3 All proceedings at association meetings and general meetings.
3.3 Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
3.4 The Secretary shall also be the public officer of the association unless otherwise elected.
4.1 It is the duty of the treasurer of the association to ensure:
4.1.1 That all money due to the association is collected and received and that all payments authorised by the association are made, and;
4.1.2 That correct books and accounts are kept showing the financial affairs of the association, including full details of all receipts and expenditure connected with the activities of the association.
5. Casual vacancies
5.1 For the purposes of these rules, a casual vacancy in the office of a member of the association occurs if the member:
5.1.1 Dies, or;
5.1.2 Ceases to be a member of the association, or;
5.1.3 Becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or;
5.1.4 Resigns office by notice in writing given to the secretary, or;
5.1.5 Is removed from office under rule clause Part C.6, or;
5.1.6 Becomes a mentally incapacitated person, or;
5.1.7 Is absent without the consent of the association from all meetings of the association held during a period of 6 months.
6. Removal of office-bearer
6.1 The association in general meeting may by resolution remove any office-bearer of the association from their office before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the office-bearer so removed.
6.2 If an office-bearer to whom a proposed resolution referred to in clause Part C.6.1 relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representation be notified to the members of the association, the secretary or the president may send a copy of the representations to each member of the association or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.
7. Meetings and quorum
7.1 The association must meet at least 3 times in each period of 12 months at such place and time as the association may determine.
7.2 Additional meetings of the association may be convened by the president or by any member of the association.
7.3 Oral or written notice of a meeting of the association must be given by the secretary to each member of the association at least 48 hours (or such other period as may be unanimously agreed on by the members of the association) before the time appointed for the holding of the meeting.
7.4 Notice of a meeting given under clause Part C.7.3 must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business, which the association members present at the meeting unanimously agree to treat as urgent business.
7.5 50% of the association constitutes a quorum for the transaction of business of a meeting of the association.
7.6 No business is to be transacted by the association unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned to the same place and at the same hour of the same day in the following week.
7.7 If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.
7.8 At a meeting of the association:
7.8.1 The president or, in the president’s absence, the secretary is to preside, or;
7.8.2 If the president and the secretary are absent or unwilling to act, such one of the remaining members of the association as may be chosen by the members present at the meeting is to preside.
8. Delegation by association to committee
8.1 The association may, by instrument in writing, delegate to one or more committees (consisting of such member or members of the association as the association thinks fit) the exercise of such of the functions of the association as are specified in the instrument, other than:
8.1.1 This power of delegation, and;
8.1.2 A function, which is a duty, imposed on the association by the Act or by any other law.
8.2 A function the exercise of which has been delegated to a committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the committee in accordance with the terms of the delegation.
8.3 A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.
8.4 Despite any delegation under this rule, the association may continue to exercise any function delegated.
8.5 Any act or thing done or suffered by a committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by the association.
8.6 The association may, by instrument in writing, revoke wholly or in part any delegation under this rule.
8.7 A committee may meet and adjourn, as it thinks proper.
9. Voting and decisions
9.1 Questions arising at a meeting of the association or of any committee appointed by the association are to be determined by a majority of the votes of members of the association or committee present at the meeting.
9.2 Each member present at a meeting of the association or of any committee appointed by the association (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
9.3 Subject to rule clause Part C.7.5, the association may act despite any vacancy on the association.
9.4 Any act or thing done or suffered, or purporting to have been done or suffered, by the association or by a committee appointed by the association, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the association or committee.
Part D – General meeting
1. Annual general meetings – holding of:
1.1 With the exception of the first annual general meeting of the association, the association must, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the association, convene an annual general meeting of its members.
1.2 The association must hold its first annual general meeting:
1.2.1 Within the period of 18 months after its incorporation under the Act, and
1.2.2 Within the period of 6 months after the expiration of the first financial year of the association.
1.3 Clauses Part D.1.1 and D.1.2 have effect subject to any extension or permission granted by the Commissioner under section 26(3) of the Act.
2. Annual general meetings – calling of and business at:
2.1 The annual general meeting of the association is, subject to the Act and to rule clause Part D.1, to be convened on such date and at such place and time as the association thinks fit.
2.2 In addition to any other business, which may be transacted at an annual general meeting, the business of an annual general meeting is to include the following:
2.2.1 To confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting;
2.2.2 To receive from the President and Treasurer reports on the activities of the association during the last preceding financial year;
2.2.3 To elect office-bearers of the association;
2.2.4 To receive and consider the statement, which is, required to be submitted to members under section 26(6) of the Act.
2.3 An annual general meeting must be specified as such in the notice convening it.
3. Special general meetings – calling of:
3.1 The President may, whenever he or she thinks fit, convene a special general meeting of the association.
3.2 The President must, on the requisition in writing of at least 50% of the total number of members, convene a special general meeting of the association.
3.3 A requisition of members for a special general meeting:
3.3.1 Must state the purpose or purposes of the meeting, and;
3.3.2 Must be signed by the members making the requisition, and
3.3.3 Must be lodged with the secretary, and
3.3.4 May consist of several documents in a similar form, each signed by one or more of the members making the requisition.
3.4 If the President fails to convene a special general meeting to be held within 1 month after that date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.
3.5 A special general meeting convened by a member or members as referred to in clause Part D.3.4 must be convened, as nearly as is practicable in the same manner as general meetings are convened by the association and any member who consequently incurs expenses is entitled to be reimbursed by the association for any expense so incurred.
4.1 Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 14 days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
4.2 If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be given to each member specifying, in addition to the matter required under clause Part D.4.1, the intention to propose the resolution as a special resolution.
4.3 No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted under rule clause Part D.2.2.
4.4 A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the member.
5.1 No item of business is to be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time the meeting is considering that item.
5.2 50% of members (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.
5.3 If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:
5.3.1 If convened on the requisition of members, is to be dissolved, and;
5.3.2 In any other case, is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.
5.4 If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being at least 3) is to constitute a quorum.
6. Presiding member
6.1 The president or, in the president’s absence, the secretary, is to preside as chairperson at each general meeting of the association.
6.2 If the president and the secretary are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.
7.1 The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
7.2 If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member of the association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
7.3 Except as provided in clauses Part D.7.1 and D.7.2, notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.
8. Making of decisions
8.1 A question arising at a general meeting of the association is to be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.
8.2 At a general meeting of the association, a poll may be demanded by the chairperson or by at least 50% of the members present in person.
8.3 If a poll is demanded at a general meeting, the poll must be taken;
8.3.1 Immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment, or;
8.3.2 In any other case, in such manner and at such time before the close of the meeting as the chairperson directs, and the resolution of the poll on the matter is taken to be the resolution of the meeting on that matter.
9. Special resolution
9.1 A resolution of the association is a special resolution:
9.1.1 If it is passed by a majority which comprises at least three-quarters of such members of the association as, being entitled under these rules so to do, vote in person or by proxy at a general meeting of which at least 21 days’ written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules, or;
9.1.2 where it is made to appear to the Commissioner that it is not practicable for the resolution to be passed in the manner specified in paragraph D.9.1.1, if the resolution is passed in a manner specified by the Commissioner.
10.1 On any question arising at a general meeting of the association a member has one vote only.
10.2 All votes must be given personally.
10.3 In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
10.4 A member is not entitled to vote at any general meeting of the association unless all money due and payable by the member or proxy to the association has been paid, other than the amount of the annual subscription payable in respect of the then current year.
Part E – Miscellaneous
1.1 The association may effect and maintain insurance.
2. Funds – source:
2.1 The funds of the association are to be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the association in general meeting, such other sources as the association determines.
2.2 All money received by the association must be deposited as soon as practicable and without deduction to the credit of the association’s bank account.
2.3 The association must, as soon as practicable after receiving any money, issue an appropriate receipt.
3. Funds – management:
3.1 Subject to any resolution passed by the association in general meeting, the funds of the association are to be used in pursuance of the objects of the association in such manner as the association determines.
3.2 All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any 2 signatories of the association, two at least of whom must be office bearers of the association, the third being a member or employee authorised to do so by the association.
3.3 DGR status:
3.3.1 All gifts are to be placed into the DGR status fund held as the main operating fund of the organisation, noted thus and only used for the principal purpose of the organisation.
3.3.2 All receipts from sponsorships, any commercial activities and the proceeds of dinners etc are to be itemised separately.
3.3.3 In the event of the DGR fund or the organisation being wound up or the DGR endorsement being revoked all funds must be transferred to another deductible gift fund.
4. Alteration of objects and rules
4.1 The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the association.
4.2 Any proposed changes to the constitution must be circulated to each of the participating Churches for information and advice at least 2 weeks prior to the meeting of the board where the changes may be voted upon.
5. Common seal
5.1 The common seal of the association must be kept in the custody of the public officer.
5.2 The common seal must not be affixed to any instrument except by the authority of the association and the affixing of the common seal must be attested by the signatures either of 2 members of the association or of 1 member of the association and of the public officer or secretary.
6. Custody of books
6.1 Except as otherwise provided by these rules, the public officer must keep in his or her custody or under his or her control all records, books and other documents relating to the association.
7. Inspection of books
7.1 The records, books and other documents of the association must be open to inspection, free of charge, by a member of the association at any reasonable hour.
8. Service of notices
8.1 For the purpose of these rules, a notice may be served on or given to a person:
8.1.1 By delivering it to the person personally, or;
8.1.2 By sending it by pre-paid post to the address of the person, or;
8.1.3 By sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.
8.2 For the purpose of these rules, a notice is taken, unless the contrary is proved, to have been given or served:
8.2.1 In the case of a notice given or served personally, on the date on which it is received by the addressee, and;
8.2.2 In the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and;
8.2.3 In the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent, or if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.
9. Surplus Property
9.1 In any winding up, or voluntary cancellation of incorporations, of the Association the surplus property shall be distributed to an Organisation as determined by special resolution of the Association which Organisation shall have objects the same as or similar to those of this Association. The distribution shall otherwise be in accordance with the act.
10. Payment, etc, of Office Bearers and Members
10.1 A member of the Association shall not be appointed to any salaried office of the Association or any office of the Association paid by fees, and no remuneration or other benefit in money or money’s worth shall be given by the Association to any member of the Committee except:
10.1.1 Repayment of out-of-pocket expenses;
10.1.2 Interest at a rate not exceeding interest at the rate for the time being which is or would be charged by the Association’s bankers for money lent to the Association; and;
10.1.3 Reasonable and proper rent for premises let to the Association.
10.1.4 No payment made under the preceding sub-clauses Part E.10.1.2 and Part E.10.1.3 shall be made unless approved by a special resolution of the Committee.
11.1 The Board shall at the Annual General meeting appoint an auditor for the ensuing year.
11.2 The Auditor shall be a suitably qualified person to do the auditing.
11.3 The Auditor shall not be a member of the Association.
12. Service of notices
12.1 For the purpose of these rules, a notice may be served on or given to a person:
12.1.1 By delivering it to the person personally, or;
12.1.2 By sending it by pre-paid post to the address of the person, or;
12.1.3 By sending it by facsimile transmission or some other form of electronic transmission to an address specified by the person for giving or serving the notice.
12.2 For the purpose of these rules, a notice is taken, unless the contrary is proved, to have been given or served:
12.2.1 In the case of a notice given or served personally, on the date on which it is received by the addressee, and;
12.2.2 In the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post, and;
12.2.3 In the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent, or if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date.
13. Amalgamation with another Association
13.1 Where it furthers the objects of the board to amalgamate with any one or more associations having similar objects, the other association(s) must have rules: prohibiting the distribution of its (their) assets and income to members; and must be approved by the commissioner of Taxation for the purposes of subsection 78(4) of the income tax assessment Act 1936.
14. Employment Process
14.1 The following procedure will be the method of employing a high school SRE teacher.
14.1.1 Wide advertising within local Churches, Christian Education Offices and Officers, as well as, Church colleges as considered appropriate.
14.1.2 Advertisements may also be placed in Christian Newspapers, media releases, websites, at conferences and loca newspapers.
14.1.3 A selection team of the Association will meet to discuss and then formulate a framework for job descriptions for the position of high school SRE teacher.
14.1.4 Once a draft job description has been formulated, it can be used for the selected applicant with alterations to suit the applicant’s gifts and strengths.
14.1.5 Members selected from the Association will select candidates for first interviews based on written applications and recommendation.
14.1.6 Interview applicants will receive a list of questions that will be asked in the interview. This list of questions is to also be developed by the selection team as per clause Part E.14.1.3.
14.1.7 After the first round of interviews, a second interview for a smaller group of potential applicants may be conducted.
14.1.8 Once a decision has been made to which applicant is to be selected as the successful applicant, the selection team (clause Part E.14.1.3) must inform them of the decision with 7 days of the final interview.
14.1.9 The details of the successful applicant must be submitted to the minister’s fraternal, as a matter of information, and then to the Churches of the local area.
15. Christian Educators
15.1 The Christian Educator shall be provided training from relevant organisations, such as GenR8 Ministries NSW High School Special Religious Education Association.
15.2 The position shall be commissioned by the local area, board affiliated Churches.
15.3 The Christian Educator is to provide leadership in developing spiritual thinking and life of students at the boards selected high schools.
15.4 The Christian Educators primary role is to present the foundations of the Christian faith to students in the schools SRE classes. Other roles are to be discussed and outlined in the job description.
15.5 The Christian Educator is to present reports and information as to the events of the ministry in the schools to the board, Churches and sponsors of the ministry. They may do this through the newsletters of the board and also by speaking at Churches and information events.
16. Funds Management
16.1 The association shall operate a public fund (The Northern Illawarra Combined Churches Christian Education Board Incorporated Fund) into which shall be paid all gifts, other money from all other sources paid to the Association, and income derived from the investment of these gifts & other monies.
16,2 This public fund shall be established and maintained solely for the purpose of providing religious instruction in accordance with clause 1.1 of the rules
16.3 It is the intention of the founders of the Association that the public will contribute to the Fund, and such contributions will be invited.
16.4 The Fund will be administered or controlled by a committee of members appointed by the Association, a majority of who, because of their tenure of some public office or their position in the community, have a degree of responsibility to the community as a whole, so that the requirements of paragraph 21 of Taxation Ruling TR 95/27 are satisfied.
16.5 Moneys from the Fund must not be distributed to members of the managing committee except as reimbursement for out of pocket expenses incurred on behalf of the fund or as proper remuneration for administrative services.
16.6 Dissolution of the fund – see clause 17 below
16.7 The gift fund requirements as per clause 17 below must be satisfied.
17. Establishment and operation of Gift Fund
17.1 Maintaining Gift Fund. The Association must maintain for its principal Purpose a fund (Gift Fund)
(a) to which gifts of money or property for that purpose are to be made
(b) to which any money received by the Association because of those gifts is to be credited
© that does not receive any other money or property
17.2 Limits on use of Gift Fund. The Association must use the following only for the Principal Purpose of the Association
(a) gifts made to the Gift Fund
(b) any money received because of those gifts.
17.3 Winding up.
(a) At the first occurrence of:
(1) the winding up of the Gift Fund
(2) the Association ceasing to be endorsed as a DGR
Any surplus assets of the Gift Fund must be transferred to another DGR
17.4 Bank Account. The association must maintain a separate bank account for the Gift Fund
17.5 Gift Fund forms part of the Trust Fund. To avoid any doubt, it is declared that the Gift Fund forms part of the Northern Illawarra Combined Churches Christian Education Board Fund.