Thanks Tony for your alertness.

 

The link to the Model Rules on the Wikimedia web site is not a link to the
current Model Rules but a link to the old Model Rules under the former
Associations Incorporation Act (Victoria) 1981.

 

There are in fact two versions of the Model Rules since the proclamation of
the Associations Incorporation Reform Act 2012 on 26 November 2012. One was
a makeshift one as CAV didn't have a proper one ready on 26 November last
year. A very comprehensive Model Rules was put on the web site in February
or March this year.

 

The current version of the Model Rules is well drawn up, but it does contain
items that Wikimedia may wish to modify.

 

The current (and correct) version can be downloaded from

 

http://www.consumer.vic.gov.au/clubs-and-not-for-profits/incorporated-associ
ations/running-an-incorporated-association/rules#model-rules

 

in English, Arabic, Chinese and Vietnamese. Make sure the English version is
downloaded. I'm not being facetious. I downloaded the Arabic version by
mistake.

 

Perhaps Andrew you could put this link on the Wikimedia web site to replace
the incorrect link?

 

The term Special Resolution must be used for any motion concerning Rules at
an AGM or a SGM. A Special Resolution requires a 75 per cent vote. This is
legal advice from the barrister who is the editor of Horsley's Meetings (and
also the ALP National Returning Officer).

 

In the Rules on the web site for Wikimedia the Purposes are I think shown in
an appendix. If we are largely going to adopt the Model Rules the purposes
go in Rule 2.

 

I wrote or at least put together the Rules for a Church in Melbourne. My
Rules were approved, but CAV made a qualification the my Rules made no
provision for access of members to documents, as a result the Model Rules
for this should apply (which is Rule 75) and that the Church should notify
its members of this.  In fact I did make such provision, and the matter is
being referred to a solicitor at the request of the Committee of the Church.
This is probably not necessary but I'll go along with it.

 

I have had a lot of health problems this year and I apologise I haven't been
as helpful as I should have been in discussions on the Rules.

 

The 28 day requirement in the past has been quite a problem to tardy
incorporated associations.  CAV have required a new SGM in some cases where
Rule changes were not notified within the 28 day period. It was the
responsibility of the Public Officer, and is now the responsibility of the
Secretary, to ensure that special resolutions carried by the required
majority are notified to CAV within the appropriate 28 day period and the
required fee is paid.

 

Hope this is of help.

 

Lyle 

 

From: wikimediaau-l-boun...@lists.wikimedia.org
[mailto:wikimediaau-l-boun...@lists.wikimedia.org] On Behalf Of Tony Souter
Sent: Saturday, 30 November 2013 5:36 PM
To: Wikimedia-au
Subject: [Wikimediaau-l] Rule changes

 

Members, 

I notice that a member has gone in and changed the rules to incorporate the
rule changes that gained the support of the special general meeting in
October. 

http://www.wikimedia.org.au/w/index.php?title=Rules
<http://www.wikimedia.org.au/w/index.php?title=Rules&diff=11027&oldid=10529>
&diff=11027&oldid=10529

Was the result of the SGM communicated to Consumer Affairs Victoria within
the 28-day period required by the law (a breach would attract a fine)?

Has the result been communicated at all to CAV? If so, has CAV approved it?
Rule changes are not valid until the CAV approves them.

Tony

_______________________________________________
Wikimediaau-l mailing list
Wikimediaau-l@lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/wikimediaau-l

Reply via email to