PROTECTING THE
COMMUNITY
& THE ENVIRONMENT
CONSTITUTION
OF THE
NEW SOUTH WALES
VOLUNTEER FIRE FIGHTERS
ASSOCIATION
(VFFA)
www.volunteerfirefighters.org.au
TABLE OF CONTENTS
CHAPTER 1 – GENERAL
Clause Page
1.1 Introduction 1
1.2 Name 1
1.3 Objectives 1
1.4 Industrial activity prohibited 1
1.5 Public comment 1
1.6 Powers 2
1.7 Definitions 2
1.8 Winding up 2
CHAPTER 2 – MEMBERSHIP
Clause
2.1 Eligibility 3
2.2 Register of members 3
2.3 Life members 3
2.4 Expulsion of a member 3
2.5 Suspension of a member 4
CHAPTER 3 – STATE COUNCIL
Clause
3.1 Formation 5
3.2 Membership 5
3.3 Alternate Delegates 5
3.4 State Executive 5
3.5 Elections 5
3.6 Powers 5
3.7 AGM 5
3.8 Notice of AGM 6
3.9 Business at an AGM 6
3.10 Filling vacant positions 6
3.11 When casual vacancies occur 6
3.12 Chairing meetings 6
3.13 Voting 7
3.14 Frequency of meetings 7
3.15 Power to call extraordinary Zone Council meetings 7
3.16 Quorum of meetings 7
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CHAPTER 4 – INTERPRETATION AND AMENDMENT OF THIS
CONSTITUTION
4.1 Precondition to moving an amendment 8
4.2 Percentage required to carry a motion of amendment 8
4.3 Power to make regulations 8
CHAPTER 5 – MEETINGS AND WRITTEN NOTICE
Clause
5.1 Meetings 9
5.2 Members deemed to be present at meeting 9
5.3 Clause 5A conditional 9
5.4 Written notice 9
CHAPTER 6 – FINANCE
Clause
6.1 Appointment of Treasurer 10
6.2 Presentation of accounts and audit 10
6.3 Directions of State Executive 10
6.4 Financial year 10
CHAPTER 7 – TRANSITIONAL PROVISIONS
Clause
7.1 Interim State Council 11
7.2 Initial collection of fees 11
7.3 Inaugural elections of office bearers at Interim State Council 11
7.5 Termination of transitional provisions 11
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1. GENERAL
1.1. Introduction
This is the Constitution of the New South Wales Volunteer Fire Fighters
Association.
1.2. Name
The name of the Association is “The New South Wales Volunteer Fire
Fighters Association”. The Association is referred to in this Constitution as
the “VFFA”.
1.3. Objectives
The objectives of the VFFA are to:
a) provide a forum for the consolidation and representation of the views of
the Members of the VFFA
b) Act as a focal point for RFS volunteers to assist the NSW RFS in regard to
the development of the Service and put forward their views on matters
relating to Fire Management.
c) protect life, property and the environment with fire mitigation and
suppression; and
d) represent the members of the VFFA in their dealings with the Service, the
Government, the media and the general public; and
e) to have representation of the VFFA on all “Bushfire Committee’s and
appropriate “ Management Committees” within the RFS.
1.4. Industrial Activity Prohibited
The VFFA IS NEITHER A UNION NOR AN INDUSTRIAL
ORGANISATION and is non-party political.
1.5. Public Comment
Other than those authorised by resolution of the State Council Executive, no
member shall speak or make any public comment on behalf of the VFFA or its
members. However all Members are entitled to make their personal views,
comments & submissions.
1.6. Powers
1.6.1. The VFFA:
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a) shall have all powers necessary or incidental to the achievement of its
objectives including the power to raise and control its own funds;
b) is constituted to carry out its objectives; and
c) shall apply its income and property solely towards its objectives.
1.6.2. No portion of its income or property shall be paid or transferred directly or
indirectly to members by way of profit. This subclause shall not prevent:
a) the payment or reimbursement of expenses incurred by a Members on
behalf of the VFFA or
1.7. Definitions
In this constitution the following words and expressions shall have the
meanings assigned to them, unless the context otherwise requires:
a) “Act” means the New South Wales Rural Fire Service Act as amended
from time to time;
b) “AGM” means Annual General Meeting;
c) “Department” means that p[art of the NEW South Wales State Rural Fire
Services which employs permanent staff;
d) “Member” means a volunteer member of the RFS or a person with
affiliated interests as approved by the State Council Executive. Further, the
State Council Executive may approve others for membership at their
discretion; and
e) “Service” means the New South Wales Rural Fire Service.
1.8. Winding Up
1.8.1. If the VFFA is dissolved or wound up and all its debts are paid, any property
remaining shall be given to a body chosen by the State Council which has
objects similar or partly similar to the objects of the VFFA and which
prohibits the distribution of property to its Members at least to the same extent
as this Constitution.
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2. MEMBERSHIP
2.1. Eligibility
2.1.1. All volunteer members of the New South Wales Rural Fire Service are
members of the VFFA.
2.1.2. Any member may resign from membership of the VFFA by written notice to
the State Council Secretary.
2.1.3. Any member who has resigned from the VFFA shall, upon written application
to the State Council Secretary, be reinstated to membership of the VFFA.
Such reinstatement shall be effective immediately upon receipt of the
application by the State Secretary.
2.2. Register of Members
A register of members will be kept with the secretary.
2.3. Life Members
2.3.1. The State Council may from time to time elect a person as a Life Member of
the VFFA.
2.3.2. To be eligible for election as a Life Member a person must have given
meritorious service to the VFFA.
2.3.3. A person shall be elected a Life Member of the VFFA if a motion to that effect
is passed by a majority of not less than three quarters of the members of the
State Council present and voting at the meeting.
2.3.4. The membership shall be $5.00.
2.3.5. All financial members will be bound by the provisions of this constitution.
2.4. Expulsion of a Member
2.4.1. A member shall be expelled from the VFFA if:
a) each member is given at least 26 days notice in writing that a motion to
expel the Members will be put at a meeting of the State Council;
b) the Member is given an opportunity to address the meeting at which the
motion is put; and
c) the motion is carried by not less than two thirds of the members of the
State Council present and voting.
2.4.2. A person who is expelled from the VFFA shall cease to be a Member upon the
passing of the motion that the person be expelled.
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2.4.3. A person who has been expelled may apply to rejoin the VFFA by written
application to the State Secretary. The State Council shall determine such
application.
2.5. Suspension of a Member
2.5.1. The State Council may suspend the membership of a Member if:
a) each member of the State Council is given at least 14 days notice in
writing that a motion to suspend the Member will be put at a meeting of
the State Council;
b) the Member is given an opportunity to address the meeting
c) the motion is carried by not less than two thirds of the members of the
State Council present and voting.
2.5.2. A member whose membership has been suspended pursuant to sub-clause
2.7.1 shall;
a) have no voting rights within the VFFA and
b) not be entitled to hold office in the VFFA.
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3. STATE Council
3.1. Formation
There shall be State Council.
3.2. Membership
The State Council shall consist of fifteen volunteer members plus.
3.3. Alternate delegates
3.3.1. If an elected delegate to the State Council is unable to attend a meeting of the
State Council, the member may appoint in writing an alternate member to
attend in that person’s stead.
3.4. State Executive
The State Executive shall consist of:
a) State President; Presidents term of office will be 3 years, with a option of
further years if called for.
b) Vice President
c) Treasurer
d) Secretary
3.5. Elections
Elections or office bearers are to be in accordance with the following:
a) there is to be a secret ballot; and
b) the determination of the ballot paper shall be majority vote.
3.6. Powers
3.6.1. The State Council shall control the management and affairs of the VFFA.
3.6.2. The State Council may:
a) delegate its powers and the performance of its duties; and
b) make regulations in accordance with Part 7 of this Constitution.
3.7. AGM
The AGM of the State Council shall be held no later than 1st of September in
each year or as determined by the State Executive.
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3.8. Notice of AGM
The State Secretary shall give at least 28 days notice in writing of the date,
time, place and agenda of the State Council AGM to each member of the State
Council.
3.9. Business at the State Council AGM
The business of each State Council shall include:
a) confirmation of minutes of the previous AGM;
b) consideration of a written report of the State Executive;
c) consideration of the Treasurer’s statement and Auditor’s Report for the
year;
d) election of the members of the State Executive;
e) appointment of an auditor as required;
f) consideration of any motion to amend this Constitution; and
g) any other business of which notice has been given.
3.10. Filling Vacant positions
At any meeting after its AGM the State Council may elect a person from
among the members of the VFFA to fill a casual vacancy on the State
Executive provided that notice of the election is given in the notice convening
the meeting.
3.11. When a casual vacancy shall occur
A casual vacancy in a position elected by the State Council shall occur if:
a) a person elected by the State Council resigns from the position;
b) a person elected by the State Council ceases to be a member of the VFFA
or
c) each member of the State Council is given 28 days notice in writing that a
motion to declare the position vacant will be put at a meeting of the
Council and the motion is carried by not less than two-thirds of the
members of the State Council present and voting.
3.12. Chairing meetings
The State President shall chair all meetings of the State Council.
In the absence of the State President, the Vice President or other member so
decided shall chair the meeting.
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3.13. Voting
3.13.1. All questions arising at the State Council shall be decided by majority vote of
those members present and entitled to vote unless otherwise specified in this
Constitution.
3.13.2. The Chairperson of a meeting of the State Council shall have both a
deliberative and casting vote.
3.14. Frequency of Meetings
State Council shall meet at least twice each year unless it otherwise
determines.
3.15. Power to call extraordinary State Council meetings
The Secretary may call an extraordinary meeting after receiving requests from
5 members of the State Council.
3.16. Quorum
3.16.1. The quorum for a meeting of the State Council is five of the members of the
State Council.
3.16.2. Where a meeting is called but does not achieve a quorum and a second
meeting is called within 30 days the members of the State Council attending
the second meeting shall be deemed to constitute a quorum.
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4. INTERPRETATION AND AMENDMENT OF THIS CONSTITUTION
4.1. Precondition to moving an amendment
A motion for amendment of this Constitution shall not be considered unless
each member of the State Council is given at least 14 days written notice that
the amendment will be put at the AGM of the State Council.
4.2. Percentage required to carry a motion of amendment
A motion amending this Constitution shall not be carried unless at least two-
thirds of members of the VFFA present voting, vote in favour of it.
4.3. Power to make regulations
4.3.1. The State Council shall have the power to make regulations consistent with
this Constitution.
4.3.2. Regulations made in accordance with these provisions shall not form part of
the Constitution.
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5. MEETINGS AND WRITTEN NOTICE
5.1. Meetings
Meeting may include meetings by telephone, etc.
Subject to clause 5.2, a reference in this Constitution to a validly constituted
meeting includes a reference to a situation where, through a link established
by means of any system of telephone, audio or audio-visual communication,
the member or members absent from the place appointed for a meeting can
hear and be heard by:
a) one another (of more than one); and
b) the member or members in attendance at that place
for the purpose of being present at the meeting.
5.2. Members deemed to be present at meeting
Members are deemed to be present at a meeting when Clause 5.1 applies.
State Conference
A State Conference will be held annually
5.3. Clause 5.a conditional
A meeting may be validly constituted under clause 5.1 only if:
a) the nature of the communication link is made known to each member
entitled to be present at the meeting; and
b) each member entitled to be present at the meeting is given a reasonable
opportunity to participate in the meeting by way of the communication
link.
5.4. Written notice
If written notice is required to be given by this Constitution, the notice shall be
effective if handed personally to the person concerned or if sent by pre-paid
post to the last known address of the member. If the notice is sent by pre-paid
post the time of giving notice shall be the date of posting.
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6. FINANCE
6.1. Appointment of Treasurer
The entity must elect a Treasurer from amongst its members of the State
Council.
6.2. Presentation of accounts and audit
6.2.1. At the entity’s AGM:
a) the Treasurer must present for consideration a Treasurer’s Statement and
Auditor’s Report; and
b) the meeting must appoint an Auditor for the forthcoming year.
6.2.2. At each meeting of the entity the Treasurer must present a Treasurer’s
Statement.
6.2.3. A copy of the Treasurer’s Statement and the Auditor’s Report presented to the
AGM must be provided to the State Council Treasurer by no later than 7 days
after the date of the AGM.
6.2.4. The State Council may, from time to time, determine the form of the
Treasurer’s Statement and Auditor’s Report.
6.3. Directions of State Executive
The State Council and Executive may, from time to time, give directions
concerning the manner in which the entity is to administer any funds it holds.
6.4. Financial Year
The financial year shall be from the 1st of July to the 30th of June.
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7. TRANSITIONAL PROVISIONS
7.1. Interim State Council
An Interim State Council (Steering Committee) shall be put in place for 12
months to establish appropriate administration procedures and the interface
between the State Council and members and shall consist of the following
members:
a) Peter Cannon
b) Tony Ellis
c) Barry Rheingerger
d) Alan Brown
e) Bruce Noble
f) Laurie Norton
g) Jim Lynch
h) Arthur Owens
i) Kurt Lance
j) Peter Smith
k) The Secretary
l) Consultant – Phil Cheyney
10.2. Initial Collection of fees
For the period of one (1) full term after the commencement of this
Association, collect all monies paid by members be forwarded to the Treasurer
of the VFFA for banking in the VFFA account.
10.3. Inaugural elections of office-bearers at Interim State Council
The procedures for the conduct of this election will be identical to those within
the constitution.
10.4. Termination of transitional provisions
10.5.1. These transitional provisions are to be removed from this Constitution after
the successful completion of all appropriate elections.
10.5.2. There is no requirement to convene a special meeting to remove these
provisions from the Constitution.
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