1.

Name

2.

Definitions

3.

Purpose or Objects of the Organisation

4.

Powers of the Association

5.

Membership

6.

Organisation and Administration of the Association

a.

The Name of the Association is:
Süd-Australischer Allgemeiner Deutscher Verein Incorporated
(abbreviated S.A.A.D.V.).

b.

The name of the Association shall never be changed.

•

Association means the Süd-Australischer Allgemeiner Deutscher Verein Incorporated (abbreviated S.A.A.D.V., translated: South Australian German Association).

•

Act means the Associations Incorporation Act 1985 (as amended).

•

Constitution means the rules of the Association.

•

Management Committee means the Association Management Committee.

•

President means the President of the Association.

•

Secretary means the Secretary of the Association.

•

Group means a group of Association members pursuing a common field of interest in accordance with the purpose and object of the Association and being approved by the Management Committee.

•

Financial Year means the financial year of the Association.

a.

To be an Association for Germans and people of German descent living in South Australia without regard to race, social standing, occupation, political or religious beliefs. It also includes such people who are interested in the German way of life and its culture but who do not have knowledge of the German language.

b.

To foster the German language, culture, customs, habits and social life and thus contribute to Australian cultural life.

c.

To be a link between the German and Australian way of life and to promote mutual understanding and co-operation.

d.

To provide its members with a welfare and community centre as well as facilities for leisure activities, and for education in the form of lectures, discussion, sport and physical culture, games, dancing, stage performances, music and singing.

e.

The staging of events for example the Schützenfest (Shooting Festival) the Winzerfest (Vintage festival) the Oktoberfest (October Festival).

5.1

Types

a.

Ordinary membership: Persons can apply for membership if they have attained the age of 18 years. The application for membership shall be made in writing, signed by the applicant and the proposer and seconder and must be lodged with the secretary who will display this form for a minimum of 14 days to give members an opportunity to raise objections to the admission of the applicant. If no objections are received the application needs approval by the management committee. Upon acceptance of the application by the management committee and upon the payment of the first annual subscription and any joining fee the applicant shall be a member of the Association. The successful applicant will be notified in writing.

b.

Members under the age of 18: Persons under the age of 18 can also apply for membership either on a separate application form or they can be included on an application form of one of their relatives. The same processing takes place as in 5.1a. There is no membership fee for children under the age of 16. Members of this group (b) have no voting rights and they may not stand for office in the club.

c.

Honorary members: A member may be awarded an honorary life membership for outstanding service or contribution to the association on the recommendation of the president, a vice president, and secretary. Final approval must be given by a two-thirds majority of members at an annual general meeting.

d.

Special membership: The management committee may proclaim special memberships for short-term members, groups, corporations and similar organisations if their objectives conform with the purpose of the Association. One representative of the said corporation or organisation may be given the right to vote by the management committee.

e.

Membership identification will be issued to all financial members. New members names will be published in the Association's Newsletter "Das Band".

5.2

Duties of the members

Abide by the rules and constitution of the Association and thereby further the purpose and goals of the Association.

5.3

Rights of the members

a.

Use of the premises of the Association and the fittings and furniture belonging to the Association.

b.

Articles belonging to the Association may only be used with the authorisation of the secretary and under the supervision of an authorised person of the Association.

c.

To receive without cost the Association's Newsletter "Das Band", which will include a program of Association events.

5.4

Subscriptions

a.

The amount of the annual subscription for the financial year will be decided at the half-yearly meeting. In cases of hardship the managing committee can decide if a reduction, or exemption from either or both fees is justified. In such cases there is a limit to a maximum time of one year in cases where such an extension has been asked for in writing.

b.

The subscription fees shall be payable annually on 1 July or at such other time as the management committee shall determine.

c.

New members who join during the year will pay on a pro rata basis from the start of the financial year. The minimal amount to be paid as a subscription will be 1/4 of a yearly subscription and the pro rata payment will be reckoned to the quarter year period in which the application was made.

d.

Any member whose subscription is outstanding for more than three months after the due date for payment shall cease to be a member of the Association, provided always that the management committee may reinstate such a person's membership on such terms at it thinks fit.

5.5

Resignations

a.

A member may resign from membership of the Association by giving written notice thereof to the secretary/public officer of the Association. Any member so resigning shall be liable for any outstanding subscriptions that may be recovered as a debt due to the Association.

b.

Members who leave the Association during the financial year and who have already paid their subscription have no right to a refund.

5.6

Expulsion from the Association and Loss of Membership

a.

If a member has been proven to have committed a criminal act or a serious misdemeanour they may be refused entry to the Association on the formal recommendation of the management committee.

b.

Should a member be refused entry to the Association as a result of such a management committee recommendations they shall have the opportunity at the next general meeting to lodge an appeal. A final decision will be reached through a vote with a simple majority.

5.7

Register of Members

A register of members must be kept and contain:

a.

The name and address of each member

b.

The date at which each member was admitted to the Association; and

c.

If applicable, the date of, and reason(s) for, termination of membership

d.

To inform the Secretary within four weeks of any change of address.

6.1

Powers and Duties

a.

The affairs of the Association shall be managed and controlled by a Management committee which in addition to any powers and authorities conferred by these rules may exercise all such powers and do all such things as are within the objects of the Association, and are not by the Act or by these rules required to be done by the Association in a general meeting.

b.

The administration and management of the Association is the responsibility of the management committee.

c.

The management committee is answerable to the members for the upholding of the constitution as well as the running and administration of the Association. The management committee is also responsible to ensure that motions passed by general meetings are executed.

d.

The management committee has the management and control of funds and other property of the Association. (Refer also 8.2b)

e.

The management committee shall have the authority to interpret the meaning of these rules and any other matter relating to the affairs of the Association on which these rules are silent.

f.

The management committee has the right to employ suitable personnel and to pay them in accordance with the law of the land.

g.

The management committee has the right to co-opt members to assist them when and if this is necessary.

h.

All members of the management committee carry out their duties in an honorary capacity. They have no claim to any financial compensation but have the right of free entry with their partner to any event of the Association.

i.

The management committee shall appoint a public officer as required by the Act.

j.

The areas of responsibility of the management committee include:

k.

The areas of responsibility for the Trustees include:

6.2

Appointment

a.

The management committee shall comprise of a President, two Vice-Presidents, a Secretary, Treasurer and four trustees, all with full voting rights.

b.

All members of the management committee will be elected at the Annual General Meeting for a period of two years with the right of re-election.

c.

To be eligible to stand for election a person must be nominated at least 14 days before the meeting by delivering the nomination of that person to the secretary of the Association. The nomination shall be signed by the proposer, the seconder and by the nominee.

d.

Notice of all persons seeking election to the management committee shall be given to all members of the Association with the notice calling the meeting at which the election is to take place.

e.

The management committee may appoint a person to fill a casual vacancy, and such a management committee member shall hold office until the next annual general meeting of the Association.

6.3

Principal Office Holders

a.

The President represents the Association both internally and externally. The President has the right to directly participate in any meeting or gathering of the Association. The President, with the authorisation of the management committee can receive an allowance for representational purposes. The amount will be set annually by the management committee. Any unused amounts from this allowance will be returned to the Association's treasury at the end of the financial year. The President must have the ability to express him/herself both in the German and English language.

b.

The Vice-Presidents will assist the President in carrying out the duties required in this position. Should the President not be available a Vice President shall take his place with all the obligations and privileges, in such cases the Vice President receives any incidental costs out of the allowance of the President.

c.

The Secretary shall:

d.

The Treasurer is responsible for the funds and banking of the Association as well as the keeping or overseeing the keeping of the books according to the laws of the land. The Treasurer presents the financial and bank statements at general meetings. The Treasurer is responsible to present at the Annual General Meeting the financial report for that year. This statement must have been previously audited by a legally qualified and authorised person. The financial statement must be available for inspection by the members ten days prior to this meeting.

6.4

Proceedings of the Management Committee

a.

The management committee shall meet together for the dispatch of business at least monthly.

b.

Questions arising at any meeting of the management committee shall be decided by a majority of votes, and in the event of equality of votes the chairperson shall have a casting vote in addition to a deliberative vote.

c.

A quorum for a meeting shall be 2/3 of the members of the management committee.

d.

A member of the management committee having a direct or indirect pecuniary interest in a contract or proposed contract, with the association must disclose the nature and extent of that interest to the management committee as required by the Act, and shall not vote with respect to that contract or proposed contract. The member of the management committee must disclose the nature and extent of his or her interest in the contract at the next annual general meeting of the association.

6.5

Disqualification of Management Committee Member

a.

The office of a management committee member shall become vacant if a management committee member is:

b.

Any vote of 'no confidence' against the management committee including trustees or an individual member may be moved by any member at a general meeting. As soon as such a motion is carried by a 2/3 majority it shall be placed on the agenda of the next general meeting which shall be held within six weeks. If such a motion is then carried by a majority then the management committee member(s) or the trustee(s) must then resign.

c.

In the event of the whole management committee or all of the trustees having to resign as a result of the 'no confidence' vote, a caretaker chairperson shall be elected. This person shall arrange for the immediate election of a new management committee.

6.6

Disqualification of Management Committee Member

The Group Leaders are the link between the management committee of the Association and the groups. By advice and consultation they support the management committee.

a.

Formation and management of the Groups. The following basic guidelines are to be observed:

b.

Groups may be formed with the consent of the management committee for the various activities of the Association provided they are in accordance with the constitution of the Association. The formation of the group must be authorised by the next general meeting. Within the parameters of the constitution groups may administer themselves. Groups will have their own regulations that will be authorised by the management committee. In cases of dispute the constitution of the Association will in all situations and at all times prevail.

c.

All members of a group must be members of the Association. This is also applicable to new groups that must have at least six members.

d.

The groups will elect from among their members a "Leader" who is responsible for the duties and administration of the group and who represents the group in the Association, and so far as is necessary to the general public.

e.

All groups must elect a Treasurer who keeps proper books, which must be presented to an Internal Auditor of the Association at leas once a year.

f.

In case of a group being attached to a club or organisation outside of the Association and in this situation wishes or is required to conduct business transactions the following regulations will apply, "President is the President of the S.A.A.D.V. "Chairman is the Group leader. "Treasurer" is the Treasurer of the group; Secretary is the Secretary of the group.

g.

The management committee must be informed of all business transactions, agreements and contracts of the groups with outside associations. Financial requests by the groups to the Association must be in writing and distributed for acceptance to the management committee.

h.

All facilities, equipment and goods that are in the possession of the groups, irrespective whether they were purchased or donated, shall be the property of the Association. The groups shall merely have the right to use such property.

i.

The groups may adopt a name of their own, but the affiliation with the Association shall be clearly displayed on all public documents.

j.

The groups can be affiliated with other clubs and organisations whose aims are not opposed to the constitution of the S.A.A.D.V. and the affiliation will not bring financial disadvantage to the Association.

k.

Outside bodies who are connected with the Association or one of its groups may be invited to the Association premises for meetings of common interest. The current rules and regulations of the Association are to be abided by in such cases.

l.

The groups must use the same bank as the Association.

m.

All accounts must carry the name of the South Australian German Association (S.A.A.D.V.) as well as the group name.

n.

In case of a group ceasing to operate the management committee will administer the funds assets of the group until the group's future has been settled.