The Kalparrin Centre

History | Our Staff | Board of Management | Rules & Constitution

Parents of Children with Disabilities (Inc)
Constitution & Rules
June 1997

1. NAME

The name of the organisation shall be PARENTS OF CHILDREN WITH DISABILITIES(INC) and shall hereafter be called "the Association".

2. AIM

The overall aim of the Association is to assist and support families of children with disabilities or special needs by providing practical and emotional support.

3. OBJECTS

The objects of the Association are to:

3.1 Develop, establish and maintain a support centre(s) for families of children with disabilities or special needs.

3.2 Support all family members in coping with disabilities or special needs including isolation, helplessness and emotional distress.

3.3 Provide for the compilation and dissemination of information on disabilities or
special needs.

3.4 Produce publications related to disability or special needs, to research other materials and programmes in this field and to promote same.

3.5 Promote the general welfare of children with disabilities or special needs.

3.6 Promote integration of children with disability or special needs into the community.

3.7 Endeavour to ensure that children with disabilities or special needs and all family members receive appropriate support.

3.8 Encourage the establishment and maintenance of appropriate educational, health and welfare services to meet the needs of children with disability or special needs and their family members.

3.9 Endeavour to develop a better understanding of disability or special needs amongst the general public and within governments and non-government agencies.

3.10 Foster research into the impact of disability or special needs, the family, and related issues.

3.11 In accordance with the Principles and Objectives of the Disability Services Act (W.A 1993) to safeguard the rights of people with disabilities or special needs, and to do all such other things as may be incidental to the attainment of such objects.

4. MEMBERSHIP

4.1 Members shall be persons who have agreed to accept the above objects and paid the prescribed membership fee, and who are either:

i) parents, guardians or relatives of children with disabilities or special needs
ii) diagnosed with a disability or special needs
iii) employees of the Association who are eligible under 4.1 i) but who will not hold voting rights ; or
iv) persons who apply in writing and are proposed by one member and seconded by another member.

The Executive Committee shall consider each application made under subrule iv) and shall at the Committee meeting or at a subsequent Committee meeting accept or reject that application.

4.2 i) Member organisations shall be organisations which have applied in writing for
membership and which are proposed by one member and seconded by another member and which have expressed support for the above objectives and paid the prescribed member organisation fee, if any, and which are accepted as member organisations by seventy five percent (75%) majority vote of the Executive Committee at an Executive Committee meeting.

ii) The association will accept a nominated representative of the member organisation and such representative may speak and vote on such member organisation's behalf.

4.3 i) If the Executive Committee considers that a member of member organisation should be suspended from membership of the Association because of conduct detrimental to the interests of the Association, the Committee shall communicate, in writing, to the member
(a) notice of the proposed suspension and of the time, date and place of the Committee meeting at which the question of suspension will be decided; and
(b) particulars of that conduct,
not less than twenty one (21) days in advance of the meeting referred to in 4.3 i) (a).
ii) Membership may be suspended by not less than a seventy five percent (75%) majority vote at an Executive Committee meeting.
iii) Any suspended member or member organisation may, on not less than twenty one(21) days written notice, require the suspension be reconsidered at one subsequent Executive Committee meeting.
iv) The Association shall not be required to accept the renewal of membership of a suspended member or member organisation when renewal next falls due.

4.4 Membership shall cease on either:

i) resignation by a member in writing delivered to the mailing address of the Association.
ii) termination of employment of any member by the Association
iii) Non-renewal of membership within three (3) months of expiry
iv) non-renewal of a suspended membership under section 4.3 iv)

5. MANAGEMENT

5.1 The affairs of the Association shall be managed exclusively by an Executive Committee consisting of:
(a) a Chairperson, a Vice-Chairperson, a Secretary, a Treasurer;
and
(b) not less than four(4) other persons and not more than six (6) other persons, all of whom shall be members of the Association elected to membership of the Executive Committee at an Annual General Meeting or appointed under subrule

5.2 (a) not less than half of the total number of Executive Committee members shall be
(i) parents, guardians or relatives of a child with special needs
(ii) diagnosed with a disability or special needs
(b) one person shall represent and be a staff member of Princess Margaret Hospital

5.3 At the commencement of the first Annual General Meeting to be held after 1996
(a) If the Committee consists of an even number of members, half that number, which half; or
(b) if the Committee consists of an odd number of members, the integral number of members nearest to, and exceeding, half that odd number, the members comprised in which integral number, shall be chosen by ballot, shall cease to be Committee members, but shall be eligible for re-election to membership of the Committee.

5.4 At the commencement of each successive AGM after the AGM referred to in subrule 5.3 those five(5) Committee members who have served for longer period than other Committee members shall cease to be Committee members, but shall be eligible for re- election of the Committee.

5.5 Subject to subrule 5.6, a person is not eligible for election to membership of the Executive Committee unless a member has nominated him/her for election by delivering notice in writing of that nomination, signed by
(a) the nominator; and
(b) the nominee to signify his or her willingness to stand for election, to the Secretary not less than twenty eight(28) days before seven (7) days before the date of the AGM
(c) late nominations may be accepted at the AGM by a vote of not less than seventy five percent (75%) of those present.

5.6 Subrules 5.5 and 5.8 do not apply to or in relation to a person who is eligible for re- election under subrule 5.3 or 5.4.

5.7 A person who is eligible for election or re-election under this rule may at the AGM concerned vote for him/herself.

5.8 The Secretary shall ensure that notice of all persons seeking election to membership of the Executive Committee is given to all members when giving notice to members of the calling of the AGM at which the election is to be held.

5.9 If the number of persons nominated for election to membership of the Executive Committee does not exceed the number of vacancies in that membership to be filled:
(a) the Secretary shall report accordingly to; and
(b) the Chairperson shall declare those persons to be duly elected as members of the Executive Committee at the AGM concerned.

5.10 A casual vacancy occurs in the Executive Committee if an Executive
Committee member
(a) dies
(b) resigns by notice in writing delivered to the Chairperson or, if the member is the Chairperson, to the Vice-Chairperson
(c) is convicted of an offence under the Associations Incorporation Act 1987. ("the Act")
(d) is unable to fulfill their duties
(e) is suspended as a member of the Association;
or
(f) fails to attend more than three consecutive Executive Committee meetings of the Association without acceptable explanation.

5.11 When a casual vacancy within the meaning of rule 5.10 occurs in the membership of the Executive Committee:

(a) the Committee may appoint a member to fill that vacancy; and
(b) a member appointed under this subrule shall
i) hold office until the commencement of; and
ii) be eligible for election to membership of the Executive Committee at the next following AGM Annual General Meeting or Special General Meeting

5.12 The Executive Committee shall meet at least ten(10) times in each calendar year.

5.13 A quorum of an Executive Committee meeting shall be FIVE(5) members including TWO (2) office bearers.

5.14 The Executive Committee may appoint sub-committees for specific purposes who shall meet as they see fit or as the Executive Committee direct and so shall report to the Executive Committee.

6. ANNUAL GENERAL MEETING (AGM)

6.1 The Annual General Meeting shall be held at least once in each calendar year and not more than three(3) months after the close of the financial year of the Association which shall be 31st March thirtieth (30th) June unless altered at an AGM or Special
General Meeting.

6.2 At least twenty one(21) days written notice of the AGM or Special General Meeting shall be distributed to all members.

6.3 A quorum shall be ten members or one half of the members whichever is less.

6.4 The business of the AGM shall be to:

i) receive the audited financial statements for the previous financial year
ii) elect or re-elect the office bearers who must consent in person or in writing according to subrules 5.5 and 5.7 of this constitution.
iii) appoint an auditor who shall at least once in each year audit the accounts of the Association
iv) conduct any other business placed on the agenda
v) report on the activities of the Association.

7. VOTING

7.1 Each member present or by proxy shall be entitled to one vote at any Annual General Meeting or Special General Meeting and voting shall be by show of hands except
i) any contested election at an Annual General Meeting or Special General Meeting or otherwise shall be by secret ballot
ii) the meeting may be show of hands require any other vote to be by secret ballot.

7.2 A member (in this rule called "the appointing member") may appoint in writing another member who is a natural person to be the proxy of the appointing member and to attend, and to vote on behalf of the appointing member at any general meeting.

7.3 An office bearer shall have the power to delay the passing of any motion put to an Annual General Meeting, Special General Meeting or an Executive Committee meeting unless every other office bearer is present and votes to the motion.

7.4 A subsequent motion similar in substance to a delayed motion shall be moved only following not less than two weeks written notice to the Association and distributed to all members and such subsequent motion is not subject to further delay.

8. CHAIRPERSON

The Chairperson shall:

(a) keep the Common Seal which shall be affixed only by resolution of an Executive Committee meeting and in the presence of two office bearers, both of whom shall subscribe their names as witnesses.

(b) have a casting as well as a deliberative vote.

(d) encourage full and balanced participation by all members and decide on matters of order.

(e) act as spokesperson of the Association unless an alternative spokesperson has been appointed by the Executive Committee. The spokesperson of the Association shall make statements in accordance with previously agreed policy, or in an emergency following consultation with at least 3 Executive Committee members including at least one other office bearer.

9. TREASURER

The Treasurer shall:

(a) be responsible for the receipt of all monies paid to or received by, or by him or her on behalf of, the Association and shall issue receipts for those monies in the name of the Association;
(b) cause the payments of all monies referred to in paragraph (a) into such accounts as the Executive Committee may from time to time direct;
(c) cause all payments to be made from the funds of the Association with the authority of an Executive Committee meeting and in so doing ensure that all cheques are signed by 2 Committee members one of whom may include himself or herself;
(d) comply on behalf of the Association with sections 25 and 26 of the Act in respect of the accounting records of the Association
(e) whenever directed to do so by the Chairperson, submit to the Executive Committee a report, balance sheet or financial statement in accordance with that direction;
(f) have custody of all securities, books and documents of a financial nature and accounting records of the Association, including those referred to in paragraph (d) and (e); and
(g) perform such other duties as are imposed by these rules on the Treasurer.

10. SECRETARY

10.1 The Secretary shall:

(a) co-ordinate the correspondence of the Association;
(b) keep full and accurate minutes of the proceedings of the Executive Committee and of the Association;
(c) comply on behalf of the Association with
i) Section 27 of the Act in respect of the register of members of the Association ii) Section 28 of the Act in respect of the rules of the Association;
and
iii) Section 29 of the Act in respect of the records of the office holders, and any trustees, of the Association;
(d) have custody of all books, documents, records and registers of the Association, including those referred to in paragraph (c), other than those required by rule 9 to be kept and maintained by, or in the custody of, the Treasurer; and
(e) perform such other duties as are imposed by these rules on the Secretary.

10.2 In the absence of the Secretary another Executive Committee member shall be elected as minutes Secretary.

11. AMENDMENT OF CONSTITUTION AND RULES

11.1 This constitution may be repealed, altered or amended by resolution of not less than seventy five percent (75%) of members present and voting at an Annual General Meeting the next Annual General Meeting or Special General Meeting called for that purpose of which not less than twenty one(21) days written notice including notice of the proposed repeal, alteration or amendment has been distributed to all members.
11.2 An AGM Annual General Meeting or Special General Meeting may make, repeal or amen rules for the proper administration of meetings or business provided that not less than twenty one(21) days written notice including notice of the proposed new rule or repeal, alteration or amendment has be distributed to all members.

11.3 The deputy Commissioner of Taxation, the Ministry of Fair Trading, the Disability Services Commission and the Charitable Collections Agency by advised of any changes to the constitution.

12. FINANCES AND PROPERTY

12.1 Members who by authority accept or incur any pecuniary liability on behalf of the Association shall be held indemnified against any personal loss in respect of
such liability.

12.2 The income, property and funds of the Association shall be used and applied solely towards the promotion of the objects and shall not be paid or transferred to the members or relatives of members provided that nothing herein contained shall prevent the payment in good faith to any person in return for services actually rendered and provided that any employee of the Association shall, notwithstanding that employment, be entitled to be a member or office bearer of the Association and of any Committee.

12.3 The Association shall not be dissolved except by approval of not less than seventy five percent(75%) of members present and voting at a meeting called for that purpose of which not less than one calendar months notice, including notice of the proposed dissolution, has been given to all members.

12.4 In the event of dissolution, the Association shall notify the Deputy Commissioner of Taxation, and any other relevant bodies as referred to in 11.3, of the date of dissolution of the Association.

13. DISTRIBUTION OF SURPLUS PROPERTY ON DISSOLUTION OF THE ASSOCIATION

If on dissolution of the Association, any property of the Association remains after satisfaction of the debts and liabilities of the Association and the costs, charges and expenses of that winding up, that property shall be distributed:

(a) to another incorporated association having objects similar to those of the Association; or
(b) for charitable or benevolent purposes.
which incorporated association or purposes, as the case requires, shall be determined by resolution of the members when authorizing and directing the Executive Committee under section 33(3) of the Act to prepare a distribution plan for the distribution of the surplus property of the Association.