Constitution of the '1RAR Association Incorporated (Queensland)'

[as approved at AGM 25 August 2017]

1. Name

1.01 The name of the association is the 1RAR Association (Inc), hereinafter called the ‘Association’.

2. Definitions and interpretations

2.01 The Association shall be registered in the State of Queensland according to the laws of the State.

2.02 The ‘Act’ means the Queensland Associations Incorporations Act 1981 and Associations Incorporation

Regulation 1999, as amended.

2.03 ‘Member’ means a Full Member, Associate Member or a Current Serving Member.

2.04 ‘Management Committee’ means the National Management Committee of the Association, herein after call the ‘National Committee’.

2.05 Financial year means the period from 1 July in any calendar year to 30 June of the following calendar year and is inclusive of both dates.

2.06 The ‘seal’ means the common seal of the Association.

2.07 ‘State’ means a State or Territory of the Commonwealth of Australia.

3. Purpose/Mission

3.01 The 1RAR Association provides organised contact for members with others who have served in 1RAR or with a 1RAR Group on operations; and provides whatever support we can to those who need our support, including their families.

4. Objects

4.01 To hold regular social gatherings in order to live 'prevention through connection'.

4.02 To conduct activities to keep green the memories of fallen comrades.

4.03 To support the Battalion in order to inculcate soldiers early in the benefits of camaraderie during and after service.

4.04 To utilise our network to ensure the best possible care and support for our comrades and their dependants.

4.05 To assist 1RAR in selling DPRI Store memorabilia to veterans.

4.06 To raise funds through donations and membership fees.

4.07 To support the RAR Association - Queensland (and other connected and like organisations) in their endeavours, where they are aligned to our Association’s objectives.

5. Powers. Solely for the purpose of achieving the objects of the Association and not otherwise the Association has the following powers:

5.01 Cooperate with any other association or organisation whether incorporated or not, having objects similar to those of the Association.

5.02 To purchase, take on lease or exchange, hire and otherwise acquire any lands, buildings, easements or property, real and personal; and any rights or privileges which may be requisite for the purpose of, or capable of being conveniently used in connection with, any of the objects of the Association. Provided that in case the Association shall take or hold any property which may be subject to any trusts the Association shall only deal with the same in such manner as is allowed by law having regard to such trusts.

5.03 To enter into any arrangement with any government or authority, whether national, state, local or otherwise, that may seem conducive to the objects of the Association or any of them; and to obtain from any such government or authority any rights, privileges, concessions or funding which the Association may think desirable to obtain; and to carry out, exercise and comply with any such right, privileges and concessions and to expend any such funds.

5.04 To invest and deal with the money of the Association not immediately required in such manner as may be permitted by law for the investment of trust funds.

5.05 To receive any gift of property whether subject to any special trust or not, for any one or more of the objects of the Association but subject always to the proviso in rule 5.02.

5.06 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 the funds of the Association, in the form of donations, annual subscriptions or otherwise.

5.07 To print and publish any newspapers, periodicals, journals, books or leaflets, and to maintain such Websites that the Association may think desirable for the promotion of its objects

5.08 To make donations for charitable purposes.

5.09 To do all such other things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Association.

6 No profit for Members

6.01 As a non-profit organisation, the assets and income of the Association shall be applied solely in furtherance of its objectives and no portion shall be distributed directly or indirectly to the members of the organisation except as bona fide compensation for services rendered or expenses incurred on behalf of the organisation.

7 Branches

7.01 Branches may, with approval of the National Committee, be formed outside the Townsville District, in any place where there are ten (10) or more interested, members.

7.02 Branch names must be topographical following the words “1RAR Association, for example, South East Queensland Branch”.

7.03 In the event of a disputed name, such shall be decided by the National Committee.

7.04 Branches will operate under the Constitution of the Association.

7.05 Branches may, with the prior approval of the National Committee, make, alter or repeal their own Bylaws.

7.06 Branches shall appoint their own office bearers and conduct such business subject to this Constitution.

7.07 The Annual General Meeting of the Branches shall be held in the month of August of each year when the Branch Annual Report and the verified Branch Financial Statements shall be presented, and Office Bearers elected.

7.08 The Branch President or Treasure is to verify the financial statements. The verification statement must state ‘I have sighted the branch’s financial records and the financial records show that the branch has book keeping processes in place to adequately record the branch’s income and expenditure and dealings with its assets and liabilities’. The verification statement shall within thirty (30) days of its Annual General Meeting, be forwarded to the National Committee, together with the names and addresses of all Office Bearers elected at their Annual General Meeting.

7.09 Full Branch Members shall be ‘members’ of the Association and are entitled to attend Association meetings and vote on all motions except as in rule 26.02.

7.10 Branches may request an annual per capita payment the amount will be decided by the National Committee.

7.11 Branches shall forward all membership dues collected to the Secretary of the National Committee within 30 days of collection. No membership dues are to be withheld by branches.

8 Membership

8.01 The 1RAR Association accepts membership from anyone who has served in 1RAR in peace or war. And those who have been part of a 1RAR Battalion Group on operations. The Association also accepts those who served with 2/1st Battalion, 2nd AIF.

8.02 Partners and descendents of those that have served in or with 1RAR in peace or war, partners and descendents of veterans of the 2/1st Battalion 2nd AIF, and descendents of the 1st Battalion, AIF may be Associate Members. Associate Membership is explained in detail in rule 9.03.

8.03 Application for membership can be made on the Association Website at http://www.1rar.asn.au, by filling out a membership application in First Post, or by completing a membership application in a newsletter.

8.04 As soon as practicable after receipt of an application for membership it shall be considered by the National Committee, who shall determine upon the admission or rejection of the applicant. The National Committee’s decision shall be final and in no case will it be required to give any reason for the rejection of an applicant.

8.05 A register of Association members shall be kept by the National Committee on the Association Website showing, in respect of each member, their name, address, membership category, financial status and other relevant information as deemed necessary by the National Committee.

9. Membership Categories

9.01 There are three categories of members; Full Members, Associate Members and Current Serving Members of 1RAR. Within Full Members and Associate Member Categories there are several sub-categories. The categories of membership are explained in detail in the paragraphs below.

9.02 Full Members. Full members are members who qualify under rule 8.01 and comprise; Ordinary Members, Life Members or Honorary Life Members. These are defined as follows:

a. Ordinary Member. Considerations of an Ordinary Members are as follows:

(1) Ordinary Members pay membership subscriptions as decided by the National Committee;

(2) Ordinary Members can chose to subscribe to the magazine ‘First Post’ if they wish at an additional cost to their membership subscription;

(3) Ordinary Members receive a complimentary membership badge and each year on renewing their membership receive a new complimentary Date Clip; and

(4) Ordinary members can vote and hold office.

b. Life Member. A Life Member is a member who has paid their subscription for life. This class of membership is now closed. Other considerations of Life Members are as follows:

(1) Life Members do not pay membership subscriptions;

(2) Life Members can chose to subscribe to the magazine ‘First Post, but they must pay for the subscription;

(3) Life Members receive a complimentary Life Member Badge; and

(4) Life Members can vote and hold office.

c. Honorary Life Member. An Honorary Life Membership shall be appointed on the recommendation of the National Committee and subject to the approval of the members at an Association Annual General Meeting. The exception to this is the current Commanding Officer of 1RAR and previous Commanding Officers of 1RAR who are granted automatic Honorary Life Membership. Other considerations of Honorary Life Members are as follows:

(1) Honorary Life Members do not pay subscriptions. However no refund of monies previously paid in advance shall be refunded;

(2) Honorary Life Members receive complementary editions of ‘First Post’;

(3) Honorary Life Members receive a complementary Honorary Life Membership Badge;

(4) Honorary Life Members can vote and hold office; and

(5) On the death of a member his widow may be made an Associate Honorary Life Member;

9.03 Associate Members. An Associate Member is an Associate Honorary Life Member, Associate Life Member, Associate Member or a Current Serving Member of 1RAR. These are defined as follows:

a. Associate Honorary Life Member. An Associate Honorary Life Member is a member that does not qualify under rule 8.01 but by virtue of special services rendered by them to the Association they have been appointed an Associate Honorary Life Member. An Associate Honorary Life Member shall be appointed on the recommendation of the National Committee and subject to the approval of the members at an Association Annual General Meeting. Other considerations for Associate Honorary Life Members are as follows:

(1) Associate Honorary Life Members do not pay subscriptions. However no refund of monies previously paid in advance shall be refunded;

(2) Associate Honorary Life Members cannot vote or hold office;

(3) Associate Honorary Life Members receive complementary editions of ‘First Post’; and

(4) Associate Honorary Life Members receive the same complementary membership badge as Honorary Life Members.

b. Associate Life Member. An Associate Life Member is a person outlined in rule 8.02 but has previously paid subscriptions for life. This class of membership is now closed. Other considerations for Associate

Life Members are as follows:

(1) Associate Honorary Life Members do not pay subscriptions. However no refund of monies previously paid in advance shall be refunded;

(2) Associate Life Members can choose to subscribe to the magazine ‘First Post’, but they must pay for the subscription;

(3) Associate Life Members receive the same complimentary membership badge as Life Members;

(4) Associate Life Members cannot vote or hold office.

c. Associate Member. An Associate Member is a person outlined in rule 8.02 or a person deemed a good friend of the Association, as agreed by the National Committee. Other considerations for Associate Members are as follows:

(1) They must be proposed by a Full Member and supported by a second Ordinary Member. The National Committee well then decide if they will be accepted or rejected.

(2) They shall pay annual subscriptions as decided by the National Committee;

(3) They can choose to subscribe to the magazine ‘First Post’ if they wish at an additional cost to their membership subscription;

(4) They receive the same complimentary membership badge as a Full Member and each year on renewing their membership receive a new complimentary Date Clip; and

(5) They cannot vote or hold office.

9.04 Currently Serving Member of 1RAR. A Current Serving Member of 1RAR is a serving soldier on the establishment strength of 1RAR. The list of serving members is to be updated annually in February. Other considerations for Current Serving Members are as follows:

(1) Current Serving Members do not pay membership subscriptions;

(2) Current Serving Members do not receive First Post or Membership Badges unless they chose to pay for them; and

(3) Current Serving Members cannot vote. Except as stated in rule 9.05.

9.05 There are the two 1RAR Current Serving Member positions on the National Committee. CO1RAR appoints Unit members to these positions, for a period determined by him. These Current Serving Members have voting rights.

10. Cessation of Membership

10.01 Subject to this Constitution, the membership of any member of the Association terminates if:

a. the member gives their resignation in writing; or

b. the member dies,

c. the member is expelled by the National Committee.

10.02 Subject to this Constitution the National Committee or members in a general meeting may at any time terminate the membership of a member if the member:

a. refuses or neglects to comply with the provisions of this Constitution or any applicable rules or regulations made by the National Committee;

b. engages in conduct which in the opinion of the National Committee is unbecoming of the member or prejudicial to the interests of the Association;

10.03 The following procedure must occur prior to a decision of the National Committee or the members in a general meeting:

a. the secretary must give the member concerned, not less than fourteen days (14) prior to the date of the meeting that will consider the termination of the membership of the member, notice of the resolution to be considered;

b. the member must be invited and permitted to attend that part of the meeting of the National Committee or the meeting of the members at which the resolution is considered and permitted to make submissions to the meeting in writing and orally;

c. the member must be given an opportunity at the meeting to respond to any matters raised at the meeting. The chairman may ask the member to leave the meeting during deliberations once submissions from all interested parties are complete; and

d. notice of the decision of the meeting must be given promptly to the member.

10.04 The name of any person ceasing to be a member must be removed from the register of members.

10.05 Termination of membership does not entitle a person to any refund of all or part of any membership fee whether an initial membership fee or an annual membership fee.

11. Membership subscriptions

11.01 The subscription rate of Full Membership shall be determined in accordance with the recommendations of the National Committee, made from time to time, and subject to approval at an annual general or special general meeting.

12. Patron

12.01 The Association shall only have one Patron at any time.

12.02 Subject to approval at an Annual General Meeting, a Patron may be appointed for life, unless removal is specifically sought by an AGM or the Patron resigns.

12.03 When the position of Patron becomes vacant branches may nominate appropriate people for the position of Patron of the Association.

13. Secretary

13.01 If a vacancy happens in the office of secretary, the members of the Committee must ensure a secretary is appointed or elected for the Association within one (1) month after the vacancy happens.

13.02 The secretary must be:

a. an individual residing in Queensland, or in another State but not more than sixty-five (65) km from the Queensland border; and

b. a member of the Association elected by the Association as secretary.

13.03 Any of the following persons appointed by the National Committee :

a. a member of the Associations National Committee, or

b. a member of the Association

14. Management

14.01 The management of the Association shall be vested in a National Committee of Management of the Association, comprising the office bearers and such other Officers as shall be decided by the Members of the Association at an Annual General Meeting.

14.02 An Office bearer shall be a person occupying any of the positions of President, Secretary, Treasurer and Vice-President.

14.03 No member of the Association shall become a salaried officer of the Association, and no officer of the Association shall be paid fees. No remuneration or other benefit in money or monies worth shall be given by the Association to any member, except repayment of out of pocket expenses.

14.04 Any casual vacancy may be filled by the Committee members, and the person so appointed shall hold office for the unexpired term of the person so replaced.

15. Electing the National Committee

15.01 A member of the National Committee may only be elected by any two (2) members of the Association nominating another member (the “candidate”) to serve as a member of the National Committee. The nomination shall be:

a. in writing;

b. signed by the candidate and the members who nominated him/her;

c. given to the secretary at least fourteen (14) days before the Annual General Meeting at which the election is to be held; or

d. nominations may be taken from the floor of the meeting if no written nominations are received.

15.02 If required, balloting lists may be prepared containing the names of the candidates in alphabetical order. The system for the election shall be by simple majority.

16. Resignation or removal from office of a National Committee member

16.01 A member may resign from a committee by giving written notice to the secretary.

16.02 The resignation takes effect at the time/date the notice is received by the secretary or the time/date as per the written notice.

16.03 A member may be removed from office at a General Meeting of the Association, (rule 10.03) if a majority of the members present at the meeting vote in favour of removing the member.

16.04 A member has no right of appeal against the member’s removal from office under this section.

17. Vacancies on the National Committee

17.01 If a vacancy occurs on the National Committee, the continuing members of the Committee may appoint another member of the Association to fill the vacancy until the next Annual General Meeting.

17.02 The continuing members of the Committee may act despite a vacancy on the Committee.

17.03 However, if the number of Committee members is less than the number fixed under these rules as a quorum of the Committee (rule 19.01), the continuing members may act only to:

a. increase the number of Committee members to the number required for a quorum; or

b. call a General Meeting of the Association.

17.04 The office of a member of a committee shall become vacant:

a. Upon his/her death;

b. If he/she becomes bankrupt or makes any arrangement of composition with his/her creditors;

c. If he/she becomes mentally ill or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health;

d. Is absent for more than six (6) months without leave from meetings of the Committee held during that period;

e. If he/she resigns his/her office in writing to the Association;

f. If he/she ceases to be a member of the Association;

g. Upon a resolution to remove him/her from office being passed by a two thirds majority of members present at a properly constituted extraordinary meeting called specially for that purpose;

h. If he/she holds any office of profit under the Association;

i. If he/she is directly or indirectly interested in any contract or proposed contract with the Association; or

j. Is sentenced to a term of imprisonment.

18. Functions of the National Committee

18.01 Subject to these rules or a resolution of the Association members carried at a General Meeting, the Committee:

a. has the general control and management of the affairs, property and funds of the Association;

b. On the authority to interpret the meaning of these rules and any matter relating to the Association on which the rules are silent; and

c. may form sub-committees for specific projects.

19. Quorums

19.01 The quorum for a National Committee meeting shall be 50% of the elected Committee at the close of the association's last general meeting plus one (1).

19.02 The quorum for a General Meeting and a Special General Meeting shall be at least the number of members elected or appointed to the National Committee at the close of the association's last general meeting plus one (1).

19.03 The quorum for a Annual General Meeting shall be at least the number of members elected or appointed to the Committee at the close of the association's last general meeting plus two (2).

19.04 Voting rights are extended to Full Members and the two Current Serving Members on the National Committee. Associate Members cannot vote.

20. Meeting of the National Committee

20.01 The National Committee must meet at least once every four (4) months to exercise its functions.

20.02 Notice of a National Committee Meeting is to be given by secretary in writing (email) to each member of the Committee within seven (7) days of the date of the meeting.

20.03 The National Committee may hold meetings, or permit a Committee member to take part in its meetings, by using any technology that reasonably allows the member to hear and take part in discussions as they happen.

20.04 A Committee member who participates in the meeting as mentioned in rule 20.03 is taken to be present at the meeting.

20.05 If the secretary receives a written request signed by at least thirty-three percent (33%) of the Committee members, the secretary must call a special meeting of the Committee. A request for a special meeting must state the business to be conducted.

20.06 A notice of a special meeting must include the day, time and place of the meeting and the agenda. The secretary must give each Committee member at least fourteen (14) days notice of a special meeting of the Committee.

20.07 The President shall preside as chairman at every meeting, but if he is not present within fifteen (15) minutes after the time appointed for the meeting, or is unwilling to preside, then the members present shall elect one of their number as chairman of that meeting, a majority sufficing.

20.08 The chairman may, with the consent of any meeting at which a quorum is present adjourn the meeting. The members present will decide the new time, date and place of the next meeting.

21. Resolution of Committee without meeting

21.01 A written resolution signed by each member of the management Committee is as valid and effectual as if it had been passed at a Committee meeting that was properly called and held. 

21.02 A resolution mentioned in rule 21.01 may consist of several documents in like form, each signed by one (1) or more members of the Committee.

22. Annual General Meeting

23.01 Notices of Annual General Meeting setting date, time, place of meeting, and business to be dealt with, shall be published on the Association Website twenty eight (28) days prior to the meeting, and in the issue of the ‘First Post’ preceding the Annual General Meeting, while that publication is in existence.

23.02 At least once each year within six (6) months after the end date of the association's reportable financial year.

23.03 When practical, the Annual General Meeting shall be held in September.

23. Business to be conducted at Annual General Meeting

23.01 The following business must be conducted at each Annual General Meeting:

a. receiving the statement of income and expenditure of the Association for the last financial year;

b. receiving the auditor’s report on the financial affairs of the Association for the last financial year;

c. presenting the audited statement to the meeting for adoption; 

d. electing members of the Committee;

e. appointing an auditor, an accountant or an approved person for the present financial year.

23.04 All business and notices of motion to be dealt with at the Annual General Meeting must be lodged with the secretary of the Association in time for inclusion in an issue of the ‘First Post’ preceding the Annual General Meeting, so long as that publication is in existence, or otherwise 60 days.

23.02 The Annual General Meeting of Branches shall be held in August of each year so that Branch reports and audited financial statements may be in the hands of the treasurer of the Association by 30th August of that year.

24. Special General Meeting

24.01 The secretary may only call a special general meeting by giving member notice of the meeting within fourteen (14) days after:

24.02 Being directed to call the meeting by the National Committee.

24.03 Being given a written request signed by:

a. at least thirty-three percent (33%) of the members of the association on the National Committee; or

b. at least the number of voting members of the Association equal to double the number of members of the Association presently on the Committee plus one (1).

24.04 Being given a written notice of an intention to appeal against the decision of the Committee :

a. to reject an application for membership; or

b. to terminate a person’s membership.

24.05 A request mentioned in rule (24.01) must state:

a. why the special general meeting is being called; and

b. the business to be conducted at the meeting.

25. Notice of General Meeting

25.01 The secretary may call a general meeting of the Association and must give at least fourteen (14) days notice of the meeting to each Association member. A notice of a general meeting must state the business to be conducted at the meeting.

25.02 The Committee may decide the way in which the notice must be given.

25.03 However, notice of the following meetings must be given in writing:

a. a meeting called to hear and decide the appeal of a member against the rejection or termination of the member’s membership by the Committee; or

b. a meeting called to hear and decided a proposed special resolution of the Association.

25.04 The secretary shall give at least fourteen (14) days notice in writing, on the Association Website or in the‘First Post’, as long as that publication is in existence, of all General Meetings setting out date, time, place, and

business to be dealt with. 

25.05 A notice may be given to any member by mailing it to his registered address. Where a notice is sent by post, service of notice shall be deemed to be effective by properly addressing, prepaying the postage, and posting an envelope containing such notice.

25.06 Notices published on the Website, sent by email or published in the ‘First Post’ are also deemed effective.

26. Procedure at General Meeting

26.01 Subject to these rules, at each general meeting, including Special General Meeting and Annual General Meeting:

a. a member may take part and vote in a general meeting in person, by proxy, by attorney or by using any technology that reasonably allows the member to hear and take part in discussions as they happen;

b. a member who participates in a meeting as mentioned in rule (26.01 a) is taken to be present at the meeting;

c. the president is to preside as chairperson;

d. if there is no president or if the president is not present within 15 minutes after the time fixed for the meeting or is unwilling to act, the Committee Members present must elect one (1) of their number to be chairperson of the meeting. This would normally be the Vice President, if he is in attendance;

e. the chairperson must conduct the meeting in a proper and orderly way;

f. each question, matter or resolution must be decided by a majority of votes of the members present;

g. each member present who is entitled to vote, is entitled to one vote only and, if the votes are equal, the chairman has a casting vote as well as a primary vote;

h. a resolution, put to the vote, shall be decided on a show of hands, unless a poll is (before or on declaration of the results of the show of hands) demanded by the chairman, or by at least three (3) members present. Unless a poll is so demanded, a declaration by the chairman that a resolution has, on a show of hands, been carried or lost and an entry to that effect in the book containing the minutes of the proceedings of the association, shall be conclusive evidence of the fact. The demand for a poll may be withdrawn.

i. voting may be by a show of hands or a division of members, unless at least twenty percent (20%) of the members present demand a secret ballot;

j. if a secret ballot is held, the chairperson must appoint two (2) members to conduct the secret ballot in a way the chairperson decides;

k. the result of a secret ballot as declared by the chairperson is taken to be a resolution of the meeting at which the ballot was held;

l. The secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each Committee meeting and general meeting are entered in a minute book;

m. The secretary must ensure the minute book for each genera