NSW Rural

Fire Service

1

GENERAL

1.1

Introduction

This is the Constitution of the Blaxland Volunteer Bushfire Brigade

1.2

Name

1.2.1

The name of the Brigade is Blaxland Volunteer Bushfire Brigade

1.2.2

The Brigade is referred to in this Constitution as "the Brigade".

1.3

Objectives

1.3.1

The objectives of the Brigade are to:

(a)

prevent, mitigate and suppress bush and other fires;

(b)

(protect persons from dangers to their safety and health, and property from destruction or damage, arising from fires;

(c)

assist other emergency services organisations at incidents and emergencies under the control of those organisations;

(d)

undertake community education in relation to fire safety and prevention

(e)

assist other community groups and organisations in the promotion of their objectives;

(f)

promote the objectives of the Act and the NSW Rural Fire Service; and

(g)

raise funds to support the objectives of the Brigade.

1.4

Disbandment of Brigade

1.4.1

In the event that the Brigade is disbanded and all its debts are paid, any property remaining shall be transferred to an organisation which has similar objectives and which is approved by the Commissioner of Taxation as a public benevolent institution for the purposes of any Commonwealth Taxation Act.

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2

DEFINITIONS

In this Constitution the following words and expressions shall have the meanings assigned to them, unless the context otherwise requires:

"Act" means the Rural Fires Act 1997 (NSW) as amended from time to time;

"AGM" means Annual General Meeting;

"appropriate disciplinary authority" means the appropriate disciplinary authority defined by Regulation 3 of the Regulations.

"Brigade register" means the register of members of the Brigade maintained pursuant to the provisions of section 20(1) of the Act;

"Member" means a member of the Brigade;

"Regulations" means the regulations made under the Act;

"responsible authority" means Blue Mountains City Council;

"Service Standards" means the Service Standards issued by the Commissioner pursuant to section 13 of the Act.

"SOP's" means District or Brigade rules

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3

MEMBERSHIP

3.1

Membership of the Brigade

The persons who are listed on the Brigade register are the members of the Brigade.

3.2

Classification of Members

3.2.1

Members are classified as:

(a)

Probationary Members;

(b)

Ordinary Members;

(c)

Life Members;

(d)

Honorary Members; or

(e)

Junior Members.

3.2.2

Probationary Members are persons:

(a)

who are:

(i)

not less than 18 years of age; or

(ii)

not less than 17 years of age and have obtained the written consent of their parent or guardian to join the Brigade; and

(iii)

whose application for membership has been accepted by resolution at a General Meeting.

3.2.3

Ordinary Members are persons who:

(a)

are:

(i)

not less than 18 years of age; or

(ii)

not less than 17 years of age and have obtained the written consent of their parent or guardian to join the Brigade and participate in fire fighting and other emergency operations;

(b)

have satisfactorily completed a probationary period of not less than six months;

(c)

have achieved the minimum level of competency prescribed in the Service Standards unless the Executive Committee resolves to confirm the person as an Ordinary Member who undertake a support role; and

(d)

have been confirmed as an Ordinary Member by resolution of the Executive Committee.

3.2.4

Life Members are persons who:

(a)

in the opinion of the Brigade, have given meritorious service to the NSW Rural Fire Service; and

(b)

have been elected as a Life Member at a General Meeting by resolution of not less than three-quarters of the Members present and voting at the meeting.

3.2.5

A Life Member may not vote or hold office in the Brigade unless the Life Member is a person who would otherwise be classified as an Ordinary Member of the Brigade.

3.2.6

Honorary Members are persons who:

(a)

in the opinion of the Brigade, give or have given such service or assistance to it as justifies recognition by the Brigade; and

(b)

who are elected as an Honorary Member at a General Meeting by resolution of not less than three-quarters of the Members present and voting at the meeting.

3.2.7

An Honorary Member may not vote or hold office in the Brigade unless the Honorary Member is a person who would otherwise be classified as an Ordinary Member of the Brigade.

3.2.8

Junior Members are persons:

(a)

who:

(i)

are 14 years of age;

(ii)

are less than 17 years of age;

(iii)

have obtained the written consent of their parent or guardian to join the Brigade; and

(b)

whose application for membership has been accepted by resolution at a General Meeting.

3.2.9

Junior Members:

(a)

must not participate in fire fighting or other emergency operations; and

(b)

must at all times be supervised as per district S.O.P. AM04.

3.3

Application for Membership

3.3.1

Any person wishing to join the Brigade must:

(a)

apply in writing to the Brigade using the form prescribed by the Service Standards; and

(b)

agree in writing that they will:

(i)

be bound by the provisions of this Constitution; and

(ii)

comply with the provisions of the Service Standards.

(ii)

comply with Brigade rules (refer paragraph 8.3 in this Constitution)

3.4

Termination of Membership

3.4.1

A person ceases to be a Member if their name is removed from the Brigade register by the responsible authority.

3.4.2

The Brigade may apply to the responsible authority for the removal of a Member's name from the Brigade register pursuant to the provisions of clause 8(2)(d) of the Regulations if:

(a)

each Member is given at least 21 days' notice in writing that a motion to expel the person will be put at a meeting of the Brigade;

(b)

the person is given an opportunity to address the meeting at which the motion is put; and

(c)

the motion is carried by no less than two-thirds of the Active Members present and voting.

3.5

Suspension of a Member

3.5.1

The Brigade may suspend the membership of a Member if:

(a)

each Member of the Brigade is given at least 21 days' notice in writing that a motion to suspend the person will be put at a meeting of the Brigade;

(b)

the person 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 Active Members present and voting.

3.5.2

A Member whose membership has been suspended pursuant to sub-clause 3.5.1 shall:

(a)

have no voting rights; and

(b)

not be entitled to hold any office in the Brigade for the period that is specified in the motion.

3.6

Resignation of Member

A Member may resign from the Brigade by notice in writing to the responsible authority.

3.7

Membership of other Brigades

A Member must not, without the consent of the responsible authority, be a member of another rural fire Brigade in the same rural fire district as the Brigade

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4

MEETINGS OF MEMBERS

4.1

Annual General Meeting

4.1.1

The Annual General Meeting of the Brigade must be held no later than 30 June in each year or such other date as may be determined by the responsible authority

4.1.2

The Secretary must give at least 21 days' notice in writing of the date, time, place and agenda of the Annual General Meeting to each Member.

4.1.3

The business of the Annual General Meeting must include:

(a)

confirmation of the minutes of the previous Annual General Meeting;

(b)

Captain's report;

(c)

consideration of the Treasurer's statement and auditor's report for the year;

(d)

election of Field Officers, being:

(i)

Captain;

(ii)

Senior Deputy Captain;

(iii)

Deputy Captains;

(e)

election of Administrative Officers, being:

(i)

President;

(ii)

Vice-President;

(iii)

Secretary;

(iv)

Treasurer;

(v)

Occupational Health and Safety;

(vi)

and any other officers as determined by the Brigade

(f)

appointment of an auditor;

(g)

determination of any annual subscription;

(h)

consideration of any motion to amend this Constitution; and

(i)

any other business of which proper notice has been given.

4.2

General Meetings

4.2.1

A General Meeting of the Brigade may be called at any time by the Executive Committee.

4.2.2

The Secretary must call a General Meeting within 21 days of the receipt of a request to do so signed by five or more Members.

4.2.3

The Brigade must hold such minimum number of General Meetings as are determined by the responsible authority from time to time.

4.3

Notice of Meetings

4.3.1

Subject to the provisions of clause 4.3.2 the Secretary must give each Member at least seven days' notice in writing of the date, time, place and agenda of any General Meeting.

4.3.2

The Executive Committee may:

(a)

prepare a schedule of General Meetings for the forthcoming 12 months;

(b)

distribute the schedule of General Meetings to Members in writing; and

(c)

place a copy of the schedule of General Meetings on a notice board at the Brigade's fire station

4.3.3

Provided notice has been given of a General Meeting in accordance with the provisions of this Constitution, the failure on the part of any Member to receive such notice will not affect the validity of any meeting of Members or of the decisions made at that meeting.

4.4

Quorum

4.4.1

The quorum for the Annual General Meeting is 30%, or such other percentage as may be determined by the responsible authority from time to time, of the Active Members calculated at the time of the meeting.

4.4.2

The quorum for a General Meeting is 25%, or such other percentage as may be determined by the responsible authority from time to time, of the Active Members calculated at the time of the meeting.

4.5

Chair

4.5.1

The President shall be entitled to chair all meetings of Members.

4.5.2

If the President is absent, the Vice-President shall be entitled to chair the meeting or, in the absence of the Vice-President, the meeting shall be chaired by a Member elected by the meeting for that purpose.

4.6

Voting at Meetings

4.6.1

Unless otherwise specified in this Constitution all questions will be decided by a majority vote of those Members present and entitled to vote.

4.6.2

The chairperson of a meeting has both a deliberative and casting vote other than in an election.

4.6.3

An Active Member is a Member who meets the criteria set out in the Brigade S.O.P.'s

4.6.4

In the event of a dispute as to whether a Member is an Active Member, the matter must be referred to the Executive Committee for determination.

4.6.5

Voting in an election must be by secret ballot.

4.6.6

A Member who is unable to attend the Annual General Meeting may appoint a proxy to vote on his or her behalf by way of a written notice delivered to the Secretary or Returning Officer prior to the commencement of the meeting provided that no Member may exercise more than 2 proxy votes.

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5

OFFICE BEARERS

5.1

Election of Office Bearers

5.1.1

At the Annual General Meeting the Brigade must elect the following Field Officers:

(a)

Captain;

(b)

Senior Deputy Captain; and

(c)

such number of Deputy Captains as the Brigade may determine from time to time.

5.1.2

Only Active Members are entitled to vote in the election of Field Officers.

5.1.3

All Members are entitled to vote for the election of Administrative Officers.

5.1.4

The order of seniority of the Deputy Captains is determined by the Captain after the election

5.1.5

At the Annual General Meeting the Brigade must elect the following Administrative Officers:

(a)

President;

(b)

Vice-President;

(c)

Secretary; and

(d)

Treasurer.

(e)

Occupational Health and Safety

5.1.6

Nominations for the election of Field and Administrative Officers must be:

(a)

in writing;

(b)

signed by at least two Members; and

(c)

delivered to the Secretary prior to the commencement of the Annual General Meeting or such other time as specified by the Executive Committee when notice of the Annual General Meeting is given.

5.1.7

In the event that no written nominations for a particular officer have been received in accordance with the provisions of paragraph 5.1.5, the Returning Officer shall, with the consent of the meeting, accept verbal nominations for the officer provided that any such nomination has the support of al least two Members.

5.1.8

A person is not eligible for election as a Field Officer unless they have the level of competency prescribed by the Service Standards or the responsible authority.

5.1.9

Elections must be conducted using the first past the post method.

5.1.10

The Secretary must advise the Fire Control Officer in writing of the names of the Members elected as Field and Administrative Officers within seven days of the Annual General Meeting.

5.2

Casual Vacancy

5.2.1

A casual vacancy in the position of a Field or Administrative Officer shall occur if:

(a)

the person resigns from the position;

(b)

the person ceases to be a member of the Brigade;

(c)

the appropriate disciplinary authority suspends the person from membership of the Brigade;

(d)

in the case of a Field Officer, the responsible authority:

(i)

demotes the person;

(ii)

disqualifies the person from holding rank in the Brigade;

(iii)

revokes or suspends the persons appointment as an officer; or

(e)

each Member of the Brigade is given 21 days' notice in writing that a motion to declare the position vacant will be put at a General Meeting of the Brigade and the motion is carried by not less than two-thirds of the Active Members present and voting at a meeting attended by not less than 30%, or such other percentage as may be determined by the responsible authority from time to time, of the Active Members calculated at the time of the meeting and, if the person is a Field Officer, the responsible authority revokes the persons appointment as an officer.

5.2.2

An election to fill a casual vacancy must, subject to the provisions of paragraph 5.2.3, be conducted at the next General Meeting of the Brigade provided that not less than 21 days written notice of the fact that the election will be held at the meeting has been given to each Member.

5.2.3

The General Meeting may resolve not to fill the casual vacancy prior to the next Annual General Meeting. In the event that the casual vacancy is for a Field Officer and it is resolved not to hold an election, the remaining Field Officers will "step up" as required to fill the vacant position.

5.2.4

Field Officers elected by the Brigade do not take office until they are appointed by the responsible authority pursuant to the provisions of section 18(b) of the Act.

5.3

Duties of Officer Bearers

5.3.1

The President shall:

(a)

preside at all meetings of the Brigade and the Executive Committee; and

(b)

be an ex-officio member of all sub-committees that may be appointed.

5.3.2

The Vice President shall:

(a)

assist the President in the discharge of his or her duties; and

(b)

preside at all meetings of the Brigade and the Executive Committee in the absence of the President

5.3.3

The Secretary shall:

(a)

attend whenever possible and take minutes of the proceedings of all meetings of the Brigade and the Executive Committee and keep those minutes of meetings in a book which is to be open for inspection by all Members at any reasonable time;

(b)

prepare and circulate notices of meetings of the Brigade;

(c)

receive all correspondence directed to the Brigade and prepare and sign all outward correspondence as the Secretary may be directed by the Brigade or Executive Committee from time to time;

(d)

keep and maintain a register of the Members of the Brigade in accordance with the requirements of the Service Standards; and

(e)

perform such other duties as the Executive Committee may prescribe from time to time.

5.3.4

The Treasurer shall:

(a)

collect and receive all monies on behalf of the Brigade and deposit all such moneys in an account in the name of the Brigade at a financial institution approved by the Executive Committee;

(b)

make payment of all accounts when authorised to do so by the Executive Committee;

(c)

maintain to the satisfaction of the Executive Committee a proper system of accounts for all moneys received and disbursed on behalf of the Brigade and of all property, assets and liabilities of the Brigade;

(d)

keep all vouchers for all moneys expended by the Brigade and all records and vouchers in respect of moneys received by the Brigade;

(e)

prepare periodical financial statements for presentation to the Brigade from time to time;

(f)

arrange for an audit of the financial records of the Brigade to be conducted by the auditor appointed by the Brigade at least once in every year; and

(g)

perform such other duties as the Executive Committee may prescribe from time to time.

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6

EXECUTIVE COMMITTEE

6.1

Membership of Executive Committee

6.1.1

The Executive Committee shall consist of the:

(a)

President;

(b)

Vice-President;

(c)

Secretary;

(d)

Treasurer;

(e)

Captain;

(f)

Senior Deputy Captain;

(g)

Ordinary members as elected.

6.1.2

The Executive Committee may co-opt additional members from time to time provided that such additional members:

(a)

may not vote; and

(b)

must not be counted in determining if a quorum is present.

6.2

Function of the Executive Committee

6.2.1

The Executive Committee shall manage the affairs of the Brigade between General Meetings.

6.2.2

The Executive Committee is subject to the control of the Brigade in General Meeting.

6.3

Meetings of the Executive Committee

6.3.1

The Executive Committee shall meet when necessary and may regulate its meetings as it considers fit.

6.3.2

The quorum for a meeting of the Executive Committee shall be one-third of its members.

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7

FINANCE

7.1

Annual Subscription

7.1.1

The annual subscription is such sum as may from time to time be determined by resolution at any Brigade General Meeting

7.1.2

Any annual subscription is due before the start of the Annual General Meeting.

7.1.3

A Member who has failed to pay any annual subscription that has been determined in accordance with the provisions of clause 7.1.1 shall not be entitled to vote at any meeting or be eligible to be elected to any office.

7.2

Funds

7.2.1

All moneys received by the Brigade:

(a)

as donations; or

(b)

through any fund raising activities

must be used solely for the purpose of promoting the objectives of the Brigade.

7.2.2

All moneys received by the Brigade must be deposited as soon as practicable to the credit of the Brigade's account.

7.2.3

All cheques drawn on the Brigade's account must be signed by not less than 2 members of the Executive Committee.

7.2.4

Any fund raising activities undertaken by the Brigade must be conducted in accordance with any guidelines for fundraising by charitable organisations published from time to time by the New South Wales Department of Gaming and Racing.

7.3

Financial Year

7.3.1

The Brigade's financial year shall end on the day determined by the responsible authority.

7.4

Auditor

7.4.1

The Brigade must appoint an auditor at the Annual General Meeting.

7.4.2

The auditor must not be a Member.

7.4.3

The auditor must conduct an audit of the Brigade's financial records at the end of each financial year and submit a written report to the Brigade for consideration at the Annual General Meeting.

7.4.5

A copy of the Treasurer's statement and the auditors' report presented to the Annual General Meeting must be provided to the responsible authority within seven days of the Annual General Meeting.

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8

INTERPRETATION AND AMENDMENT OF THIS CONSTITUTION

8.1

Interpretation of Constitution

8.1.1

Issues relating to the interpretation of this Constitution which arise at a meeting of the Brigade shall be decided in the first instance by a ruling of the chairperson of the meeting.

8.1.2

If a motion of a dissent is carried to the ruling of the chairperson, the matter shall be adjourned and the question referred to the Fire Control Officer for determination.

8.2

Review of Constitution

8.2.1

The Members of the Brigade must review this Constitution annually to determine whether it should be amended.

8.2.2

In determining whether the Constitution should be amended, consideration must be given to any relevant Service Standard.

8.2.3

Any proposal to amend this Constitution must be consistent with the provisions of the Act, the Regulations and the Service Standards.

8.2.4

A motion for the amendment of this Constitution must not be considered unless each member of the Brigade is given at least seven days' notice in writing that the amendment will be considered at the Annual General Meeting or a General Meeting.

8.2.4

A motion amending this Constitution must be carried by no less than two- thirds of the Members present and voting.

8.2.5

No amendment to this Constitution will take effect unless it is approved by the responsible authority.

8.3

Power to make rules

8.3.1

The Brigade shall have the power to make rules consistent with this Constitution.

8.3.2

Rules made in accordance with this provision do not form part of the Constitution.

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