SESVA WA Constitution
SES VOLUNTEERS ASSOCIATION of Western Australia (Inc.)
1. NAME OF ASSOCIATION
The name of the Association is the SES Volunteers Association of Western Australia
(Incorporated).
2. DEFINITIONS
In this Constitution the following definitions shall apply:
Annual membership fee - means a fee set down from time to time by the Management
Committee;
Regional Representative 1 - means the Kimberley Region;
Regional Representative 2 - means the Pilbara Region;
Regional Representative 3 - means the Midwest / Gascoyne Region;
Regional Representative 4 - means the Midlands Region;
Regional Representative 5 - means the Goldfields Region;
Regional Representative 6 - means the South West Region;
Regional Representative 7 - means the Great Southern Region;
Regional Representative 8 - means the North Metropolitan Region;
Regional Representative 9 - means the South Metropolitan Region;
Regional Representative 10- means the Central Metropolitan Region;
Member Units - means any Unit State Emergency Service of Western Australia or
Volunteer Emergency Service Unit which has paid its Annual
membership fee;
Office Bearer - means any member of the Management Committee;
FESA SES - means the State Emergency Service of Western Australia;
The Act - means the Associations Incorporation Act 1987;
The Association - means the Association referred to in 1;
The Committee - means the Management Committee referred to in 7.1;
Unit - means a State Emergency Service of Western Australia Unit/Section or
Volunteer Emergency Services Unit;
Active Members - means registered volunteer members of a member Unit/Section who
are currently status active;
Ex-officio - means a person who is not an active member of FESA SES or VES
and who does not have voting rights
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3. OBJECTS OF ASSOCIATION
The objects of the Association are:
(a) to be an independent and representative body of the volunteers of the State Emergency
Service of Western Australia and the Volunteer Emergency Service;
(b) to promote and communicate knowledge and information to and amongst the volunteers
of the State Emergency Service of Western Australia and the Volunteer Emergency
Service;
(c) to provide an effective voice for the volunteers of the State Emergency Service of
Western Australia and the Volunteer Emergency Service;
(d) to operate a fund or trust for the benefit of volunteers of the State Emergency Service of
Western Australia and the Volunteer Emergency Service.
4. INCOME AND PROPERTY
The income and property of the Association shall be applied solely towards the promotion of
the Objects of the Association and no part of that income or property may be paid or otherwise
distributed, directly or indirectly, to members except in good faith in the promotion of those
objects.
This clause does not prevent the Association from employing, or renting premises from, any
member.
5. POWERS OF ASSOCIATION
The Association shall have the powers conferred upon associations by the Act, subject to the
following additions, exclusions or modifications:
(a) to subscribe to, become a member of and co-operate with any organisation whose
objects are similar to those of the Association;
(b) to appoint, employ, remove or suspend any paid employees or persons as may be
necessary or convenient for the purposes of the Association;
(c) to take any gift or loan of property whether subject to any special trust or not, for any one
or more of the Objects of the Association;
(d) to take such steps by personal or written appeals, public meetings or otherwise as may
from time to time be deemed expedient for the purpose of procuring contributions to
funds of the Association in the shape of donations, annual subscriptions or otherwise;
(e) to publish any newspaper, periodicals, books, leaflets or other information in either or
both the print and electronic media that promotes the Objects of the Association;
(f) to do all such things as are incidental or conducive to the obtainment of the Objects and
the exercise of the powers of the Association.
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6. MEMBERSHIP
6.1 Categories of membership
The association shall consist of the following categories of membership:
(a) Unit membership;
(b) ordinary membership;
(c) associate membership;
(d) honorary membership;
(e) corporate membership;
(f) life membership.
6.2 Admission to membership
6.2.1 All FESA State Emergency Service Units and Volunteer Emergency Service Units are
deemed to be members of the Association;
6.2.2 Any Unit may withdraw its membership in writing to the Association;
6.2.3 An individual Unit member may become an Ordinary Member of the Association
following the occurrence of their Unit withdrawing membership. The purpose of this is
to not deny any individual the right to be a member of the Association;
6.2.4 Honorary membership, life membership, associate membership and corporate
membership shall be awarded by the Management Committee in its absolute discretion
and is not the subject of application.
6.3 Qualification for membership
6.3.1 Unit membership. All FESA State Emergency Service Units and Volunteer
Emergency Service Units are deemed to be members of the Association. Each
member Unit shall be entitled to vote for the election of a regional representative.
6.3.2 Ordinary membership. All active volunteer members of any member Unit of the
Association are ordinary members of the Association. Ordinary members shall be
eligible to vote and to hold any office as set down in this constitution, as stated in the
association by-laws.
Active volunteers may be ordinary members where their Unit is not a member.
6.3.3 Associate membership. The following persons may be admitted to associate
membership subject to payment of a fee to be determined from time to time by the
Management Committee:
(a) a member of a volunteer emergency service or counter disaster committee;
(b) a family member of an ordinary member;
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(c) a retiree of a FESA SES or VES unit who has served at least ten cumulative
years in FESA emergency services.
Associate members cannot vote or hold office.
6.3.4 Honorary membership. This membership may be awarded by the Association in
recognition of special services rendered to the Association or to the State Emergency
Service of Western Australia or Volunteer Emergency Service. When this is awarded
to other than ordinary members, they cannot vote or hold office.
6.3.5 Corporate membership. Any corporation, foundation or representative in the
commercial field interested in the purposes of the Association or the State Emergency
Service of Western Australia or Volunteer Emergency Service may become a corporate
member. Corporate members cannot vote or hold office.
6.3.6 Life membership. Life membership may be awarded to any member who, in the
opinion of the Management Committee, has given meritorious service to the
Association. When this is awarded to other than ordinary members, they cannot vote
or hold office.
6.4 Duties of Association members
Every member shall abide by all provisions of this Constitution and By-Laws applicable
whether as a member or office bearer.
6.5 Register of Association members
6.5.1 A register of current members of each Unit which holds unit membership of the
Association shall be kept as per FESA SES / VES membership on their database.
6.6 Resignation of members
A member who gives notice in writing of his or her resignation from the Association to the
Secretary ceases to be a member upon receipt of that notice, but shall remain liable for any
arrears due and unpaid at the time of resignation.
6.7 Expulsion of members
6.7.1 If the Management Committee considers that any member should be expelled from
membership of the Association because of his or her conduct detrimental to the
interests of the Association, the Management Committee shall communicate in writing
to the member.
(a) notice of the proposed expulsion and of the time, date and place of the meeting at
which the question of that expulsion will be decided; and
(b) particulars of that conduct;
not less than 14 days before the date of the meeting referred to in (a).
6.7.2 At the meeting referred to in the notice communicated under 6.7.1 the other members
may, having afforded the member concerned a reasonable opportunity to be heard by,
or to make representations in writing to, the other members, expel or decline to expel
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that member from membership of the Association and shall, forthwith after deciding
whether or not so to expel that member, communicate that decision in writing to that
member.
6.7.3 A member who is expelled under 6.7.2 from membership of the Association ceases to
be a member 14 days after the decision so to expel him or her is communicated to him
or her under 6.7.2
7. CONTROL OF ASSOCIATION
7.1 Committee of Management
There shall be a Committee of Management (“the Management Committee”) to control the
Association.
The Management Committee shall consist of the following members:
President;
Vice President;
Secretary;
Treasurer;
Regional Representatives.
7.2 Powers of the Management Committee
The Management Committee shall be the deliberative body in the Association with powers to
make and direct policy, make, amend, or rescind the Constitution, (subject to 11.1.1) and
generally to take such actions as it considers necessary for the furtherance of the Association
and its objects.
The general management of the affairs of the Association shall be vested in the Management
Committee.
An executive council, consisting of the President, Vice President, Secretary and any two
committee members shall take care of the day to day affairs of the Association. The
executive council may authorise payments on behalf of the Association.
A report of these affairs must be made to the Management Committee at the next meeting.
To enact, enforce and terminate any by-laws of the of the Association;
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7.3 Officers of the Management Committee
7.3.1 President
The President of the Association will be the Chief Executive Officer of the Association
and will be responsible to the Management Committee for the administration of the
Association.
The duties of the President are as follows:
(a) issue personally an annual report of the Association and forward this report to all
members of the Management Committee and any association bodies;
(b) preside at meetings of the Management Committee and issue the call, through
the Secretary, for all meetings of the Management Committee;
(c) be responsible for calling a meeting of the Management Committee at least
twice every 12 months.
7.3.2 Vice President
The duties of the Vice President are to assist the President at all times and represent
the President in his absence.
7.3.3 Secretary
The duties of the Secretary are to:
(a) carry out the instructions of the Management Committee;
(b) attend meetings of the Management Committee;
(c) attend to and sign correspondence;
(d) correspond whenever necessary with members;
(e) convene meetings of the Management Committee;
(f) maintain a register of members;
(g) prepare agendas;
(h) record minutes of meetings;
(i) keep the President informed of any matters which may invalidate proceedings;
(j) prepare all elections for the Association;
7.3.4 Treasurer
The duties of the Treasurer are to:
(a) carry out the instructions of the Management Committee;
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(b) cause to be kept a correct account of all monies;
(c) attend meetings of the Management Committee;
(d) attend to and sign correspondence;
(e) communicate whenever necessary with members;
(f) keep the President informed of any financial matters which may impact on the
Association;
(g) prepare annual accounts and have them audited in accordance with the Act.
7.3.5 Regional representatives
The duties of Regional Representatives shall be to:
(a) communicate information to all members and units in their region;
(b) forward application forms and monies to the Secretary and/or Treasurer;
8. ELECTIONS
8.1 All elections shall be prepared by the Association Secretary and shall be conducted by post.
8.2 In each even numbered year, elections will be held for:
(a) Regional representatives for regions 2, 4, 6, 8, 10 ;
(b) Vice President;
(c) Secretary
8.3 In each odd numbered year, elections will be held for:
(a) Regional representatives for regions 1, 3, 5, 7, 9 ;
(b) President;
(c) Treasurer.
8.4 Each Unit shall have one vote in the election of each of:
(a) President / Vice President;
(b) Secretary / Treasurer ;
(c) Regional Representative for their relevant region.
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9. APPOINTMENTS
9.1 Should any office in the Association become vacant for any reason whatsoever and the
Management Committee is of the opinion that an election to fill the vacancy would not be
practical, the Management Committee may appoint to the vacant office any member of the
Association, and the term of such appointment shall be until the next election in accordance
with this constitution.
9.2 In the event of no nominations for the positions of Secretary and Treasurer, then the
Management Committee may appoint an ex-officio person(s) to fulfil those functions.
10. PROCEEDINGS
10.1 Management Committee Meetings
10.1.1 The Management Committee shall meet together for the dispatch of business not
less than twice in each calendar year and the President may at any time convene a
meeting of the Management Committee.
10.1.2 Each member has a deliberative vote. 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, speak to or against any motion and
vote on behalf of the appointing member at any general meeting.
10.1.3 A question arising at a meeting shall be decided by a majority of votes, but, if there is
an equality of votes, the person presiding at the meeting shall have a casting vote in
addition to his or her deliberative vote.
10.1.4 At a meeting four (4) members of the Management Committee constitute a quorum.
10.1.5 Subject to these rules, the procedure and order of business to be followed at a
meeting shall be determined by the members present at the meeting.
10.1.6 A member having any direct or indirect pecuniary interest referred to in the Act shall
comply with that section.
10.2 Special and Annual General Meetings
10.2.1 The Management Committee -
(a) may at any time convene a special general meeting of the Association;
(b) shall convene annual general meetings within the time limits provided for
the holding of annual general meetings of the Act; and
(c) shall, within 30 days of receiving a request in writing to do so from not less
than five members, convene a special general meeting for the purpose
specified in that request.
10.2.2 The members making a request referred to in 10.2.1 (c) shall -
(a) state in that request the purpose for which the special general meeting
concerned is required; and
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(b) sign that request.
10.2.3 If a special general meeting is not convened within the relevant period of 30 days
referred to in 10.2.1 (c), the members who made the request concerned may
themselves convene a special general meeting.
10.2.4 When a special general meeting is convened under 10.2.3 -
(a) members convening the special general meeting shall be supplied free of
charge with particulars of all members; and
(b) the Association shall pay the reasonable expenses of convening and
holding the special general meeting.
10.2.5 Subject to 10.2.8 the Secretary shall give to all members not less than 14 days
notice of a special general meeting and of any motions to be moved at the special
general meeting.
10.2.6 A notice given under 10.2.5 shall specify -
(a) when and where the special general meeting concerned is to be held; and
(b) particulars of the business to be transacted at the special general meeting
concerned and of the order in which that business is to be transacted.
10.2.7 In the case of an annual general meeting, the order in which business is to be
transacted is -
(a) first, the consideration of the accounts and reports of the Association;
(b) second, the appointment of members elected or appointed to replace
outgoing members; and
(c) third, any other business requiring consideration by the Association in a
general meeting.
10.2.8 The Secretary shall give to all members not less than 21 days notice of an annual
general meeting at which a special resolution is to be proposed and of any other
motions to be moved at that annual general meeting.
10.2.9 The Secretary may give a notice under 10.2.5 or 10.2.8 by -
(a) serving it on a member personally; or
(b) sending it by post to a member at the address of the member appearing in
the register of members kept and maintained under the Act.
10.2.10 When a notice is sent under 10.2.9 (b), sending of the notice shall be deemed to be
properly effected if the notice is sufficiently addressed and posted to the member
concerned by ordinary prepaid mail or any electronic form.
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10.3 Quorum in proceedings at meetings
10.3.1 At a Special General Meeting or an Annual General Meeting at least six Ordinary
Members constitutes a quorum.
10.3.2 If within 30 minutes after the time specified for the holding of a Special General
Meeting or an Annual General Meeting in a notice given 10.2.5 or 10.2.8-
(a) as a result of a request or notice referred to in rule 10.2.1 (c) or as a result
of action taken under rule 10.2.3 a quorum is not present, the Special
General Meeting or Annual General Meeting lapses; or
(b) otherwise than as a result of a request, notice or action referred to in
paragraph (a), the Special General Meeting or Annual General Meeting
stands adjourned to the same time on the same day in the following week
and to the same venue.
10.3.3 If within 30 minutes of the time appointed by 10.3.2(b) for the resumption of an
adjourned Special General Meeting or Annual General Meeting a quorum is not
present, the members who are present in person may nevertheless proceed with
the business of that general meeting as if a quorum were present.
10.3.4 The President may, with the consent of a Special General Meeting or an Annual
General Meeting, at which a quorum is present, and shall, if so directed by such a
meeting, adjourn that meeting from time to time and from place to place.
10.3.5 There shall not be transacted at an adjourned Special General Meeting or Annual
General Meeting any business other than business left unfinished or on the agenda
at the time when the meeting was adjourned.
10.3.6 When a Special General Meeting or an Annual General Meeting is adjourned for a
period of 30 days or more, the Secretary shall give notice under 10.2.5 of the
adjourned meeting as if that meeting were a fresh meeting.
10.3.7 At a general meeting -
(a) an ordinary resolution put to the vote shall be decided by a majority of votes
cast on a show of hands; and
(b) a special resolution put to the vote shall be decided in accordance with the
Act.
10.3.8 A declaration by the President at a general meeting that a resolution has been
passed as an ordinary resolution thereat shall be evidence of that fact unless,
during the general meeting at which the resolution is submitted, a poll is demanded
in accordance with 10.3.9
10.3.9 At a general meeting, a poll may be demanded by the President at the general
meeting or by three or more members present in person and, if so demanded, shall
be taken in such manner as the President directs.
10.3.10 If a poll is demanded and taken under 10.3.9 in respect of an ordinary resolution, a
declaration by the President of the result of the poll is evidence of the matter so
declared.
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10.3.11 A poll demanded under subrule 10.3.9 on the election of a person to preside over a
general meeting or on the question of an adjournment shall be taken forthwith on
that demand being made.
10.4 Minutes of meetings of Association
10.4.1 The Secretary shall cause proper minutes of all proceedings of all general meetings
to be taken and then to be entered within 14 days after the holding of each general
meeting or, as the case requires, in a minute book kept for that purpose.
10.4.2 The President shall ensure that the minutes taken of a general meeting or under
10.4.1 are checked and signed as correct by the Chairperson of the general
meeting or to which those minutes relate or of the next succeeding general
meeting.
10.4.3 When minutes have been entered and signed as correct under this rule, they shall,
until the contrary is proved, be evidence that -
(a) the general meeting to which they relate (in this subrule called "the
meeting") was duly convened and held;
(b) all proceedings recorded as having taken place at the meeting did in fact
take place thereat; and
(c) all appointments or elections purporting to have been made at the meeting
have been validly made.
10.5 Voting rights of members of Association
10.5.1 Subject to these rules, each member present in person or by proxy at a Special
General Meeting or an Annual General Meeting is entitled to a deliberative vote.
10.6 Proxies of members of Association
10.6.1 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, speak to or against any motion and vote on behalf of the appointing
member at, any Special General Meeting or Annual General Meeting.
11 MISCELLANEOUS
11.1 Alteration to Constitution
11.1.1 The Association may alter or rescind or add to this Constitution, in accordance with
the procedure set out in the Act.
11.1.2 This Constitution binds every member and the Association to the same extent as if
every member and the Association had signed and sealed these rules and agreed
to be bound by all their provisions.
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11.2 Common seal of Association
11.2.1 The Association shall have a common seal on which its corporate name shall
appear in legible characters.
11.2.2 The common seal of the Association shall not be used without the express authority
of the Management Committee and every use of that common seal shall be
recorded in the minute book referred to in 10.4.1
11.2.3 The affixing of the common seal of the Association shall be witnessed by any two of
the President, the Vice President and the Secretary/Treasurer.
11.2.4 The common seal of the Association shall be kept in the custody of the Secretary or
of such other person as the Association from time to time decides.
11.3 Inspection of records, etc of Association
11.3.1 A member may at any reasonable time inspect without charge the books,
documents, records and securities of the Association.
11.4 Distribution of surplus property on winding up of Association
11.4.1 If, on the winding up 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 purposes
which incorporated association or purposes, as the case requires shall be
determined by resolution of the members when authorising and directing the office
bearers under the Act to prepare a distribution plan for the distribution of the surplus
property of the Association.
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Annexure to the Constitution
12 BY-LAWS
1.1 Any member can propose by-laws to the committee for consideration.
1.2 No by-law can exceed the authority of the SES Volunteer’s Association Constitution.
1.3 Copies of the proposed by-law will be distributed to all committee members 14 days before the regular
committee meeting for due consideration.
1.4 The proposer/s will attend that part of the committee meetings when the proposed by-law are being
considered, to give relevant information in support of the proposed by-law.
1.5 The committee can amend the proposed by-law to comply with legal requirements.
1.6 The final draft by-law will be distributed to all members of the association management committee for a
minimum of 30 days.
1.7 All comments, rejections and proposed amendments will be given in writing to
1. President
2. Proposer
3. Secretary
No later than the Wednesday before the regular committee meeting.
1.8 The committee will give all feedback due consideration.
1. Reject the proposed by-law.
2. Make amendments the proposed by-law.
3. Give interim approval of the by-law with full authority of that by-law.
1.9 Once interim approval has been given the copies of the by-law will be distributed to all members of the
association management committee and listed in the appendix of the unit constitution.
1.10 final approval of the interim by-law will be granted at the next AGM by all that attend.
1.11 future amendments to any or all by- laws will follow the same procedure as stated in section 1.1- 1.10.
2 Termination of a By-Law
2.1 Any member can propose by-law/s or a section of a by-law to the committee for consideration of
termination at any regular committee meeting.
2.2 The proposed termination of the by-law or a section of a by-law will be distributed to all members of the
members of the association management committee for a minimum of 30 days.
2.3 All comments, rejections and proposed amendments will be given in writing to
1. President
2. Proposer
3. Secretary
No later than the Wednesday before the regular committee meeting.
2.4 The committee will give all feedback due consideration.
1. Reject the proposed termination to the by-law.
2. Make amendments the proposed by-law.
3. Give interim approval of termination the by-law.
2.5 Once interim approval of termination has been given copies of the by-law termination will be distributed
to all committee members and listed in the appendices of the association constitution.
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2.6 Final approval of the interim termination of the by-law will be granted at the next AGM by all that
attend.
2.7 Future termination of by-law/s or section of by-law/s will follow the same procedure as stated in section
2.1 –2.6.