The objectives of MALS are to:
6.1 The association must have at least five members.
6.2 Anyone who supports the purposes of the association and is over the age of 18 can apply to join the association as a member.
6.3 An incorporated organisation is able to be a member of the Association, but it must nominate an individual as a member to represent it.
7.1 A person who wishes to join the association as a member must fill out an application form and include their name and contact details.
7.2 The organising body can approve or reject a membership application.
7.3 The organising body will consider applications for membership of the association at each organising meeting and notify the applicant of its decision as soon as practicable.
7.4 If the organising body rejects an application, it is not required to give reasons for that decision, but it must return the joining fee (if any) and write to the person to tell them their application has been rejected.
7.5 A person becomes a member when the Secretary adds the person’s name and contact details to the members register.
9.1 Members can stop being a member of the association at any time by notice in writing to the Secretary.
9.2 A member stops being a member if:
9.3 Membership may be revoked if a member’s conduct is contrary to:
9.4 Membership may only be revoked or reinstated at a meeting where at least 5 members of the organising committee are present and by a resolution involving consensus.
9.5 If a membership is revoked, the Secretary must inform the member. The member may make a request for reasons in writing and may make a written submission to the organising body for reinstatement.
9.6 The organising body is not obligated to provide reasons. The organising body may take written submissions of the member or any other relevant material into consideration as the organising body sees fit.
10.1 The business of MALS is managed by a governing body referred to as the ‘organising body’.
10.2 The organising body manages the affairs and business of MALS in accordance with the purpose, objectives, and aims of MALS. The organising body is responsible for the management of association and can exercise all powers and functions of the association.
10.3 The organising body will hold ‘organising meetings’ and/or ‘general meetings’ as they see fit to manage the affairs and business of MALS.
10.4 The organising body must consider recommendations, requests or similar from Legal Observers and working groups.
10.5 Membership of the organising body is a one year term. At the Annual General Meeting (AGM), all positions of the organising body become vacant and prior members of the organising body can re-nominate. There is no limit on the number of times a member can re-nominate for the organising body.
10.6 A member is appointed to the organising body if:
10.7 If at an AGM more people nominate than there are available positions in the organising body, the Secretary shall be responsible for the conduct of a secret ballot by applying the first past the post method of voting.
10.8 The organising body must consist of a minimum of five (5) members, including the Secretary and the Treasurer, and must not exceed fifteen (15) members.
10.9 Any five (5) members of the organising body can constitute a quorum for organising meetings.
10.10 A member of the organising body ceases to be a member of the organising body when:
10.11 The only offices of the organising body are the Secretary and the Treasurer.
11.1 The organising body can delegate any of its functions to a working group, as it deems fit to assist in the attainment of the purposes of MALS.
11.2 The working group will assist in particular areas of MALS operations as directed by the organising body.
11.3 The working group must make recommendations to the organising body for decisions on all matters related to the exercise of MALS powers and will not have the power to override decisions of the organising body.
11.4 A working group is comprised of anyone who is a member of MALS and wishes to join.
11.5 A working group may meet and adjourn as it thinks proper.
11.6 A working group must report back to the organising body at regular intervals.
12.1 A member who has a material personal interest in a matter being considered at an organising meeting must disclose the nature and extent of that interest to the organising body as soon as practicable at the next meeting of members of the association.
12.2 The member:
12.3 This rule does not apply to a material personal interest:
13.1 The organising body shall ensure that a person is appointed as the Secretary.
13.2 The Secretary must be a member of MALS.
13.3 The Secretary must be at least 18 years of age, be a resident in Australia and consent to being appointed as Secretary.
13.4 Upon the Secretary giving notice to a meeting, the Secretary may be replaced at the next meeting.
13.5 The term of office for the Secretary is a nominal one year.
13.6 The Secretary must perform any duty or function required under the Act to be performed by the secretary of an incorporated association.
13.7 The Secretary must keep custody of all books, documents and securities of the association (other than the financial records held by the Treasurer in accordance with these rules).
13.8 The Secretary must keep and maintain a register of members in accordance with the Act.
13.9 The Secretary must keep a record of the members of the organising body.
13.10 The Secretary must give to the Registrar notice of their appointment within 14 days after the appointment.
14.1 The organising body shall ensure that a person is appointed as the Treasurer.
14.2 The Treasurer must be a member of MALS.
14.3 The Treasurer must be at least 18 years of age, be a resident in Australia and consent to being appointed as Treasurer.
14.4 Upon the Treasurer giving notice to a meeting, the Treasurer may be replaced at the next meeting.
14.5 The term of office for the Treasurer is a nominal one year.
14.6 The Treasurer must keep custody of the financial records of the association for the current financial year and any other financial records as authorised by the organising body.
14.7 The Treasurer must perform any duty or function required under the Act to be performed by the treasurer of an incorporated association.
14.8 The Treasurer is responsible for receiving funds on behalf of the association and issuing receipts for those funds.
14.9 The Treasurer is responsible for paying funds received into the associations’ bank account.
14.10 The Treasurer can authorise expenditure by the association.
14.11 The Treasurer can sign cheques on behalf of the association.
14.12 Authorisation to sign cheques on behalf of the association is given by a resolution of the organising body.
15.1 The organising body must convene an Annual General Meeting (AGM) of MALS to be held within five (5) months after the end of each financial year.
15.2 MALS may hold its first Annual General Meeting at any time within 18 months after its incorporation.
16.1 No decisions may be made at any MALS meeting unless a quorum is present.
16.2 The quorum for any meeting is five (5) members.
16.3 If a quorum is not present within 30 minutes after the notified commencement time of a meeting, the meeting must be adjourned, and the agenda items carried over to the next meeting.
16.4 In the case of a special meeting—the meeting lapses.
17.1 A member who is not physically present at a meeting may participate in the meeting by the use of technology.
17.2 Writing includes email and other correspondence in electronic form.
18.1 At least seven (7) days’ notice of all general meetings shall be given to all members.
18.2 In the case of a meeting where a special resolution is to be proposed, notice of the resolution shall be given to members at least 21 days before the meeting.
18.3 If a special resolution is proposed, the notice must also include:
19.1 The organising body must convene a Special General Meeting (SGM) if a request to do so is made in accordance with this rule by at least 10% of the total number of members.
19.2 A Special General Meeting will typically address specific business that has arisen and which should not wait until the next general meeting.
19.3 This request for a SGM must:
19.4 A SGM convened by members must:
20.1 All meetings shall attempt full agreement, incorporating all opinions (i.e. consensus).
20.2 Members shall check for consensus before making a decision.
20.3 As part of the consensus decision making process, each person must, when asked, give an explicit response from the following five positions:
20.4 If a decision is blocked or there is stalemate a member can request a majority vote.
20.5 There shall be no voting by proxy.
20.6 In accordance with the Act, a special resolution is passed if at least 75% of the members voting at a general meeting vote in favour of the resolution.
21.1 If there is a dispute between:
the parties involved must first attempt to resolve the dispute between themselves within 14 days from the date the dispute is known to all parties involved (negotiation period).
21.2 If the dispute can’t be resolved between the people involved within the negotiation period, the following grievance procedure must be followed:
21.3 If the grievance procedure does not resolve the dispute, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
22.1 The association may derive or generate funds from joining and annual subscription fees, donations, grants, fundraising, interest, and any other sources approved by the organising body.
22.2 Cheques, EFT transfers or cash payments made from the association’s funds must be authorised by the decision making process set out under section 20. Confirmation should be made aware to the Treasurer and one member in writing.
22.3 All other financial transactions (including credit card payments) must follow the above procedure.
24.1 To wind up the association, the members must vote for this by special resolution at a general meeting.
24.2 If the association is wound up, any surplus assets must not be distributed to the members or former members of the association unless the member or former member is an organisation which is described below.
24.3 Subject to the Act, any other applicable Act and any Court order, any surplus assets must be distributed to one or more not for profit organisations which share similar values to MALS.