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JUSTICE FOR REFUGEES SOUTH AUSTRALIA INCORPORATED, CONSTITUTION

1.          NAME

The name of the incorporated Association is Justice for Refugees South Australia Inc. referred to herein as ‘the Association’ or ‘Justice for Refugees SA’.

2.          DEFINITIONS

2.1 A “refugee” is a person who has fled their own country and is unable or unwilling to return because they have a well-founded fear of persecution based on one of six reasons: their race; religion; nationality; sexuality; membership of a particular social group; or political opinion. Persecution means a threat to life, freedom and other serious violations of human rights.

Refugees have a right to international protection by states, including Australia, that are parties to the 1951 Refugee Convention.

2.2 The term “person seeking asylum” refers to someone who has fled their country and applied for protection as a refugee but hasn’t yet been legally recognised as a refugee and is waiting to receive a decision on their asylum claim.

Seeking asylum is a human right. This means everyone should be allowed to enter another country to seek asylum.

  •  “Association” means the Justice for Refugees South Australia Inc.
  •  “Committee” means the Management Committee of the Association.
  •  “Member” means an Individual Member or Organisation Member of the Association.

3.          OBJECTIVES

3.1 Justice for Refugees SA aims to achieve community support for a just and compassionate approach to refugees and people seeking asylum that builds on Australian traditions of generosity, openness and fairness.

  • Justice for Refugees SA has no affiliation with any political party.
  • Justice for Refugees SA will:
    • Lobby Government to ensure that Australia meets its international obligations in relation to refugees, both in Australia and in other countries
  • Engage directly with refugees and people seeking asylum, and encourage refugees to participate in activities of the Association;
  • Advocate for the ending of mandatory detention of refugees and people seeking asylum, except where necessary for demonstrated health and/or safety reasons.
    • Advocate for the fair, open and speedy processing of refugee applications and for the right to legal assistance and representation.
    • Advocate for the rights of refugees and people seeking asylum in relation to processing, status and settlement.
    • Listen to and document, with their permission, the life stories of refugees and people seeking asylum both within Australia and detained offshore in order to lobby for more humane treatment and just policies.
    • Undertake public education to increase community awareness about refugees and people seeking asylum; the circumstances which cause people to seek safety in Australia and their current situation while awaiting a pathway to permanency and family reunion.
    • Build and participate in coalitions of organisations, communities and interest groups to support and advocate for the rights of refugees and people seeking asylum; and
    • Do all such things incidental to, or conducive to, the attainment of the above objectives (or any one of them).

4.    POWERS

4.1   Powers of the Association shall be the powers contained in Section 25 of the Associations Incorporations Act 1985 and without limiting those powers the Association shall be entitled to hold real or personal property, open bank accounts, invest in trustees securities and enter into any necessary or desirable contract, including a contract of employment.

  • The Management Committee shall be entitled to exercise full powers of the Association and without limiting those powers shall have the management and control of funds and other property of the Association.

5.    MEMBERSHIP

  • The Association shall consist of Individual Members and Organisational   Members with a commitment to engaging in campaigning for the just and compassionate treatment of refugees:
    •  Individual Members shall be persons who have applied in writing or online for membership, agreed to accept the above Objectives and paid the prescribed membership fee.
    •  Organisational Members shall be organisations that have applied in writing or online for membership, agreed to accept the above Objectives and paid the prescribed membership fee.
    •  Justice for Refugees SA will seek to establish a broad base of Organisational Membership, including refugee organisations.
    •  Members and Organisational Members shall be accepted as members by a majority vote of the Management Committee.

5.2  Membership Fees

5.2.1 All Members shall pay such fees (including joining fees) as are determined by        the Association at a General Meeting.

  • Membership fees are payable annually on 1st September, or at a time that the Management Committee determines.

5.3  Registration of Members

A register of Members shall be kept by the Management Committee containing:

  • The name, address, phone number and email contact of each Member
  • The date on which each Member was admitted to the Association; and
  • The date of and reason(s) for termination of Membership.

Members’ inspection of personal information in (a) above shall be restricted to viewing names, and any requests for additional personal information shall be presented to the Management Committee for consideration and granted only with the prior approval of the Member or Members concerned.

 

5.4 Resignation

Members of the Association may resign from the Association in accordance with the resignation procedure established by the Management Committee.

 

 

5.3     Expulsion of a member:

The Management Committee may remove from the Register of Members of the Association any member of the Association who:

  • No longer complies with the membership requirements of the Association; or
  • Acts in a manner which is contrary to the Constitution of the Association.
  • Subject to giving a member an opportunity to be heard or to make a written submission, the committee may resolve to expel a member upon a charge of misconduct detrimental to the interests of the association.
    •  Particulars of the charge shall be communicated to the member at least one month before the meeting of the committee at which the matter will be determined.
    • The determination of the committee shall be communicated to the member, and in the event of an adverse determination the member shall, cease to be a member 14 days after the committee has communicated its determination to the member.
    • It shall be open to a member to appeal the expulsion to the association at a General Meeting. The intention to appeal shall be communicated to the Chair or public officer of the association within 14 days after the determination of the committee has been communicated to the member.
    • In the event of an appeal, the appellant’s membership of the association shall not be terminated unless the determination of the committee to expel the member is upheld by the members of the association in General Meeting after the appellant has been heard by the members of the association, and in such event membership will be terminated at the date of the general meeting at which the determination of the committee is upheld.
    •  During the hearing and determination of any appeal the decision to suspend the Member shall remain in force until and unless it is set aside.

6.    MANAGEMENT

  • The Management of Justice for Refugees SA shall be vested in the Management Committee, which shall comprise not less than five (5) voting Members and not more than ten (10) voting Members who shall be elected by the Members present and voting at the Annual General Meeting
    • The Management Committee shall consist of no more than one (1) person from any Organisation Member.
    •  Individual Members seeking election to the Management Committee shall be nominated by another Member in writing to the Secretary of the Association no later than fourteen (14) days prior to the Annual General Meeting. Such nominations are to be endorsed in writing or email by the proposer and nominee.
    •  Organisation Members seeking election of a representative to the Management Committee shall forward their nomination in writing to the Secretary or Chair of the Association no later than fourteen (14) days prior to the Annual General Meeting. The responsible officer of the Organisation Member shall propose such nomination.
    •  Where an Organisation representative of the Management Committee is unavailable for a Management Committee meeting, the Organisation may be represented by a proxy provided that the responsible officer of the Organisation Member forwards the name of the proxy in writing to the Secretary of the Association before or at the Management Committee meeting.
    • The first Management Committee of the Association shall be comprised of such persons as hold office prior to Incorporation. The first Management Committee shall hold office until the first Annual General Meeting after incorporation. Subsequent Management Committees shall hold office until the next Annual General Meeting.
    • The Management Committee shall have the power to set the policy priorities of the Association.
    • The office bearers of the Association shall be the Chairperson, Secretary and Treasurer who shall be elected by the Members at the Annual General Meeting prior to the election of the remainder of the Committee Members or failing such election shall be chosen by the Management Committee from its Members at a Management Committee meeting held within one (1) week following the Annual General Meeting.
    • The Management Committee shall meet as often as might be required to conduct the business of the Association and not less than eight (8) times per year.
    • The Executive shall be comprised of the Chairperson, Secretary, Treasurer, and one other member
    • A quorum of the Management Committee shall be one half plus one of the number of the Management Committee Members.
  • Decisions shall be taken by consensus or a simple majority vote of those present.
  • All meetings shall be conducted in accordance with Renton Standing Orders.
  • An office bearer or a Member of the Management Committee shall cease to hold office upon resignation in writing, removal as a Member of the Association or absence from three (3) Management Committee meetings without explanation acceptable to the Management Committee.
  • Vacancies unfilled or arising in the office bearers or other Management Committee Members may be filled by co-opting Members for the unexpired remainder of the term.
  • The Management Committee may function validly notwithstanding any vacancies so long as its number is not reduced to below four (4) voting Members.
  • The Management Committee may appoint sub-Committees of Members and non-members (and in the case of non-members such persons must accept the objectives of the Association) for specific purposes who shall meet as they see fit or as directed by the Committee and who shall report to the Committee.
  • The Management Committee shall appoint an executive of the office bearers of the Association who shall meet to carry out the routine business delegated by the Management Committee and who shall report to the subsequent Management Committee meeting.
  • The Management Committee shall appoint or reappoint a public officer who shall notify the Corporate Affairs Commission of such appointment and who shall file such of the returns and notices as shall be required by the law.
  • The Annual General Meeting of the Association may appoint an auditor to audit the Association’s accounts.
  • The Management Committee Members shall, upon election or co-option, become Members in their own right and shall not in their capacity as Committee Members act as representatives of an organisation other than their nominating Organisation Member.

7      GENERAL MEETINGS

  • The Annual General Meeting shall be held at least once a year in each calendar year and not more than five (5) months after the close of the financial year which shall be the 30th June unless, altered by the Annual General Meeting.
  • The business of the Annual General Meeting shall be:-
  • To confirm the minutes of the preceding Annual General Meeting;
    • To receive the Chairperson’s report for the previous financial year;
  • To receive the Treasurer’s report and the audited financial statements for the previous financial year together with the financial budget for the current financial year;
  • To elect or re-elect the Management Committee Members who must consent in person or in writing; and
  • To conduct any other business placed on the agenda before the commencement of the meeting.
  • A Special General Meeting shall be called by the Secretary within thirty (30) days of receipt of a directive from the Management Committee, or a written request by three (3) Management Committee Members, or six (6) Organisational Members, or either ten percent (10%) or ten (10) Individual Members whichever is the greater, specifying the business to be conducted at the meeting.
  •  Written notice of not more than thirty (30) days and not less than fourteen (14) days of all General Meetings shall be displayed on the website of the Association and distributed to all registered Members.
  •  Members shall each be entitled to one (1) vote at an General Meeting at which they are present.
  •  A quorum at any General Meeting shall be twenty (20) Members or two thirds (2/3) of the Members, whichever is less.
  •  If at any General Meeting there is no quorum within thirty (30) minutes of the time appointed for the meeting, then a majority of the Members present may decide to adjourn the meeting for a period not exceeding fourteen (14) days. Quorum for such an adjourned meeting shall be reduced to ten (10) failing which the meeting will lapse altogether.

8      VOTING

  • Voting shall be a show of hands except that:-
  • Any contested elections at an Annual General Meeting or otherwise shall be by secret ballot;
  • The meeting may by show of hands require any other vote to be by the secret ballot.
  •  Persons with special interests or knowledge relevant to the Association may be  invited to attend any meeting and to speak at the discretion of the Chairperson but such persons may not vote.
  • Special resolution shall be passed at a General Meeting if at least twenty one

(21) days written notice specifying the intention to propose the resolution as a special resolution has been distributed to all Members and is passed by not less than two thirds (2/3) of Members of the Association.

9      CHAIRPERSON

  •  The Chairperson shall chair Executive, Management Committee and General Meetings except that in the absence of the Chairperson or at request of the Chairperson or of a majority of a meeting, another Member shall be elected as Chairperson for that meeting.
  •  The Chairperson at any meeting shall have a personal deliberative vote and shall in addition have a casting vote if those are equal.
  •  The Chairperson together with the Secretary shall prepare the agenda for the Management Committee and the General Meetings.
  •  The Chairperson of a meeting shall encourage full balanced participation by all Members and shall decide upon matters of order.
  •  The Chairperson shall ensure that records are kept of the Association including the Constitution and policies, records of Members, a register of Minutes of Meetings and of notices, a file of correspondence and records of submissions or reports made by or on behalf of the Association
  •  The Chairperson shall act as a spokesperson unless an alternative spokesperson has been appointed by the Management Committee or at a General Meeting. The spokesperson shall make statements in accordance with the previously agreed policy.

10   TREASURER

  • The Treasurer shall ensure that monies received are paid into an account   authorised by the Management Committee in the name of the Association. Payments shall be through electronic banking with dual authorisation by members of the Management Committee appointed by the Committee. Major or unusual spending shall be authorized in advance by the Management Committee.
  • Electronic payments shall be authorized in writing (including email) by two members of the Management Committee prior to payment.
  • The Treasurer shall ensure that the records are kept of all receipts and payments and other financial transactions, which records shall be available for inspection by any Member.
  • The Treasurer shall ensure all appropriate financial budgets and statements are prepared and shall submit a financial report on the finances at each Management Committee meeting.
  • The Treasurer shall present an appropriate financial report to the Annual General Meeting.

11         SECRETARY

  • The Secretary shall give notice of any meetings in accordance with the provisions of this Constitution.
  • The Secretary shall take minutes of all meetings and Management Committee meetings.
  • In the absence of the Secretary or at the request of the Secretary or of a majority of the meeting, another Member shall be elected as minute Secretary.

12   LIABILITIES, PROPERTY AND DISSOLUTION

  • Persons 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 except for any liability to the Association that by law would otherwise attach to that person in respect of any negligence, default breach of duty or breach of trust to which they may be guilty in respect of the Association.
  • The income, property and funds of Justice for Refugees SA shall be used solely towards the promotion of the Objectives and shall not be paid or transferred to any Members or relatives of Members provided that nothing herein shall prevent any payment in good faith to any person in return for services actually rendered or to any person in furtherance of the Objectives of the Association and without undue preference.
    • On dissolution, all property remaining after payment of all legal liabilities shall be transferred to such other for promoting similar Objectives as shall be approved by the Management Committee provided that:-
  • Such other body shall also prohibit the distribution of income and property to the Members to the extent stated herein;
  • If the Association shall have been approved pursuant to Section 78 (1) of the Income Tax Assessment Act then such other body shall also be approved; and
  • The Association shall not be dissolved except by the approval of not less than two thirds (2/3) Members present and voting at a meeting called for that purpose of which not less than thirty (30) days written notice including notice of the proposed dissolution has been distributed to all Members.

13   AMENDMENT OF CONSTITUTION AND RULES

  • The Constitution may be repealed or amended by resolution of two thirds (2/3) of Members present and voting at a General Meeting of which not less than fourteen (14) days’ notice including notice of the proposed appeal or amendments has been distributed to all Members.
  • Rules for the proper administration of meetings or business may be made or repealed or amended by a General Meeting or by a Management Committee meeting, subject to subsequent disallowance at a General Meeting, provided not less than fourteen (14) days written notice including notice of the proposed new rule, repeal or amendment has been distributed to all Members.