KILLCARE
WAGSTAFFE TRUST INC.
CONSTITUTION 2006
1 NAME
The name of the association shall be KILLCARE WAGSTAFFE TRUST INCORPORATED. (It may be referred to as 'the Trust' in this document.)
2 AIMS
Killcare Wagstaffe Trust Incorporated seeks to preserve the natural values of the area and its general ambience and to promote a sense of community and place. These will be achieved by:
• working proactively to preserve the natural environment of Bouddi Peninsula
• responding to planning and development proposals
• promoting understanding, awareness and appreciation of the environment across all age groups
• working on issues, activities and events independently or cooperatively with other community groups
• liaising with Gosford City Council, the National Parks and Wildlife Service and other authorities on significant issues
• encouraging people to act in support of their environment
• strengthening community understanding of the past, present and future of the Bouddi Peninsula
3 MEMBERSHIP
a A person aged 18 years or over who agrees in writing to abide by the aims of the Trust becomes a member upon payment of an
annual subscription, with voting rights and the right to committee membership commencing no sooner than 28 days from
receipt of the payment of dues.
b Only a financial member shall be entitled to vote at a General Meeting. Proxy votes will be accepted,
c A member shall be deemed to be unfinancial if the annual subscription is not paid within six months of the annual subscription
falling due.
d The Trust shall keep a register of members showing the name, address and dates of becoming a member and ceasing to be a
member.
4 LIABILITY OF MEMBERS
The members of the Trust shall have no liability to contribute towards the payment of debts and liabilities of the Trust, or the costs, charges and expenses of the winding up of the Trust, except to the amount of their own unpaid membership fees.
5 SUBSCRIPTIONS
The Annual General Meeting shall determine the categories of membership and the annual subscription which shall be due and payable on the date of the Annual General Meeting.
6 THE COMMITTEE
a The committee shall be responsible for the ongoing affairs of the Trust and shall ensure that the aims of the Trust are being
pursued.
b The committee shall be elected at the Annual General Meeting. Retiring committee members are eligible for re-election,
c The committee shall consist of President, Vice-President, Secretary, Membership Secretary, Treasurer and at least three
Ordinary Members,
d A committee member shall cease to hold office upon absence from three consecutive Committee Meetings without approval of
the committee. Any casual vacancy in the committee may be filled by a member co-opted by the committee,
e The committee shall meet at least every two months.
f Members and other persons may attend Committee Meetings as observers after giving notice to the President or Secretary, g The quorum shall be four members. If a quorum is not present within half-an-hour of the proposed commencement, the
meeting shall be adjourned.
h Any committee member may request the President to call a Special Committee Meeting,
i Voting at Committee Meetings shall be by a show of hands. Decisions shall be made by a simple majority vote. The President
has a casting vote.
7 GENERAL MEETINGS
a The Annual General Meeting shall be held in May, followed by a General Meeting. There will be three other Quarterly
General Meetings each year.
b Nominations of candidates for election to the committee may be made at the Annual General Meeting or beforehand,
c A Special General Meeting may be called by the committee or at the request of five members in writing to the Secretary. The
President shall call such a meeting within one month of receiving such a request and shall notify all members in writing,
d The quorum for a General Meeting shall be ten members. If within half-an-hour of the appointed time a quorum is not present
the meeting shall be adjourned,
e Voting at General Meetings shall be by a show of hands unless a secret ballot is demanded or required. Decisions shall be
made by a simple majority vote. An entry shall be made in the minutes that the resolution was carried unanimously, or carried
by a majority, or lost.
f The President shall have the right to cast an original vote and, in the case of an equality of votes, a casting vote.
g A special resolution must be passed by a three-quarters majority to effect any of the following:
a change of the Trust's name
a change of the Trust's constitution
amalgamation with another incorporated organisation
to wind up the Trust voluntarily and distribute its property.
h The Secretary shall, at least 10 days before a General Meeting, an Annual General Meeting or a Special General Meeting, send to members by hand or by post a notice specifying the place, date, time and proposed business of the meeting.
8 MEETING PROCEDURE
a At an Annual General Meeting the following business shall be transacted:
i. confirmation of the minutes of the last Annual General Meeting, which are then to be signed by the current chairperson
ii. receipt of the Committee's annual report
iii. receipt and confirmation of the audited annual financial statement giving a true and fair view for the last financial year of the Trust's income, expenditure, assets and liabilities
iv. election of office bearers, i.e. committee members and auditor, b The minutes of all General Meetings and Committee Meetings shall be signed by the chairperson of the next meeting.
9 PUBLIC OFFICER
a The committee shall ensure that a person is appointed as Public Officer.
b When a vacancy occurs in the position of Public Officer the committee shall, within 14 days, appoint a new Public Officer and
notify the Office of Fair Trading by the prescribed form.
c The Public Officer is required to notify the Office of Fair Trading of the following circumstances using the appropriate
prescribed forms:
i. appointment of new Public Officer (within 14 days)
ii. change of residential address of Public Officer (within 14 days)
iii. change in the Trust's constitution (within one month)
iv. audited annual financial statement (within one month of the AGM)
change of the Trust's name (within one month)
d The Public Officer may be an office bearer, a member of the committee or any other member regarded as suitable for the
position by the committee,
e Except as otherwise provided in the constitution, the Public Officer shall be responsible for the storage of all records, books
and other documents relating to the Trust.
10 OFFICEBEARERS
a The President, or in the President's absence, the Vice-President shall act as chairperson at each General Meeting and
Committee Meeting of the Trust. In the absence of the President and the Vice-President the members present shall elect a chairperson, b The Secretary shall
i keep in a bound book the minutes of General Meetings and Committee Meetings
ii ensure that the constitution, the register of members and a file of correspondence are kept
iii authorise all official correspondence,
c The Treasurer shall ensure that:
i all money received by the Trust is paid into an account in the Trust's name
ii payments made by cheque are signed by two signatories, the Treasurer and any other committee member
iii correct books and accounts are kept showing the financial affairs of the Trust including full details of all receipts and expenditure iv the audited annual financial statement is signed by two committee members present at the Annual General Meeting and is;
lodged with the Office of Fair Trading.
d The Trust's records shall be available for inspection by any member of the Trust.
e An auditor shall be elected at the Annual General Meeting. The auditor may be a member of the Trust, but not of the committee. The auditor shall report to the next Annual General Meeting their opinion as to the accuracy of the accounts presented to the meeting.
11 PROCEDURE FOR DISPUTES
Any dispute between members in their capacity as members (or between members and the Trust) which cannot be resolved to the satisfaction of the parties shall be referred to a Community Justice Centre for mediation.
12 MISCELLANEOUS
a The Trust shall effect and maintain whatever insurance is regarded as necessary by the members.
b The funds of the Trust shall be derived from the subscriptions of members, donations, grants and other sources approved by
the Trust,
c The Common Seal of the Trust shall be kept by the Secretary and shall only be affixed to a document with the approval of the
committee. Stamping of the Common Seal shall be witnessed by two members of the committee,
d Notices sent by post shall be deemed to have been received two days after the date of posting,
e The income and property of the Trust shall be used only for the promotion of the aims of the Trust and shall not be paid or
transferred to members by wav of dividend, bonus or profit.