TROHPIQ Constitution

October 2019

STATEMENT OF PURPOSE

To increase awareness amongst Queensland university students of issues relating to: rural and remote health; career opportunities in rural and remote Australia including challenges, pathways and rewards unique to these working environments all with the view to better prepare, and increase the numbers of, future health professionals who choose to practice in rural and remote areas.

Aims:

  1. To promote health equality in rural areas by supporting and encouraging students with a rural interest, scholarship or rural background to consider rural practice.
  2. To better prepare TROHPIQ members for rural practice through the provision of skills, knowledge and experience necessary to make an informed choice about rural and remote practice, thereby increasing the likelihood of their continuing to practice rurally.
  3. To provide a means of communication between TROHPIQ members, rural health practitioners and the various health authorities and organisations.
  4. To represent members in all matters within the scope of TROHPIQ’s purpose aims.
  5. To organise activities and create opportunities that further TROHPIQ’s purpose aims.
  6. To further the objectives of the National Rural Health Students Network.
  7. To promote rural health careers to school students, especially those of rural origin.

1. NAME

The name of the organisation shall be TROHPIQ (Towards Rural & Outback Health Professionals In Queensland).

2. DEFINITIONS

2(1) A word or expression that is not defined in these rules, but is defined in the Incorporation Act 1981 has, if the context permits, the meaning given by the Act.

2(2) In this constitution, any amendment hereto and in any By-Laws made in accordance with the provisions hereof, unless the contrary intention appears, these words shall have the following meanings:

ACT: Means the Incorporation Act 1981 (Qld) and Associations Incorporation Regulations 1999, unless the contrary intention appears.

GENERAL MEETING: Means the annual or any special general meeting of TROHPIQ.

HEALTH-RELATED COURSE: Means a course of study at the University of Queensland in the Faculty of Health Sciences, or a university course in medicine, nursing, pharmacy, dentistry or allied health as defined by the federal Department of Health and Ageing eligibility for providing allied health Medicare services.

INTELLECTUAL PROPERTY: Means all rights or goodwill subsisting in copyright, business names, names, trademarks, logos, designs, trade secrets, know-how, equipment, images (including photographs, videos or films), or services relating to TROHPIQ or any event conducted, promoted or administered by TROHPIQ, whether past, present or future.

MEMBER: A financial member of TROHPIQ.

NRHSN: The National Rural Health Student Network.

PRESIDENT: The President for the time being of TROHPIQ.

ORDINARY RESOLUTION: A resolution passed at a Board or General meeting by a simple majority, have the right to vote & including proxies.

REGULATIONS: Regulations under the Act and those in accordance with this Constitution.

RULES: These Rules of TROHPIQ, which includes the Statement of Purpose of TROHPIQ.

RCD: The Rural Clinical Division, which encompasses Clinical Training Placements in Rockhampton, Toowoomba, Hervey Bay, and Bundaberg.

RUSC: Rural Undergraduate Support & Co-ordination.

SPECIAL RESOLUTION: A Resolution passed by a three-quarters majority of those Members present and entitled to vote, including proxies.

STATE: The state of Queensland.

WRITTEN: Communication in the form of email, facsimile (fax), short message service (sms) unless otherwise stated.

YEAR: TROHPIQ’s financial year commencing on the first day of January each year expiring on the 31st of December in each year.

3. POWERS

3.   (1) TROHPIQ has the power:

  1. To invest or otherwise deal with the moneys of TROHPIQ not immediately required upon such security and in such manner as may from time to time be determined;
  2. To borrow or raise and give security for money by the issue of any bonds, debentures, bills of exchange, promissory notes or other obligations or securities or by the mortgage or charge over all or any part of the property of TROHPIQ and to purchase, redeem or pay off such obligations and securities or any of them;
  3. To draw, make, accept, endorse, discount, execute and issue bills of exchange and other negotiable and transferable instruments including by electronic means;
  4. To employ and remove staff on a full time, part time basis, or casual basis;
  5. To produce, develop, create, license and otherwise exploit, use and protect Intellectual Property;
  6. To print and publish any material by any means TROHPIQ may think desirable for the promotion of its objects;
  7. To enter into arrangements with any government or authority that are incidental or conducive to the attainment of the objects and the exercise of powers of TROHPIQ;
  8. To take such steps in person or in writing, by public meeting or otherwise as may from time to time be deemed appropriate in meeting TROHPIQ’s objects;
  9. To make charges for services and facilities provided by TROHPIQ;
  10. To take and effect insurance or seek, obtain and in its discretion act on, any professional advice necessary or appropriate;
  11. To subscribe to, become a member of, or cooperate with any other organisation whose objects are similar to those of TROHPIQ;
  12. To do all such things as are incidental or conducive to the attainment of TROHPIQ’s objects.

(2) The powers contained in subsections (1)(a) -(l) shall be vested in the Management Committee unless otherwise specified within this Constitution.

4. CLASSES OF MEMBERS

4. (1) Membership of TROHPIQ shall consist of Ordinary members, and Honorary members.

(2) The number of members is unlimited. 

5. MEMBERSHIP

5. (1) All persons enrolled at the University of Queensland in a health-related course, whether currently or deferred, may become Ordinary members of TROHPIQ .

(2) Any person not enrolled in a health-related course at the University of Queensland but enrolled in a health-related course at another Queensland university may be made an Ordinary member.

(3) Persons not qualifying for Ordinary membership may be eligible for Honorary membership. Honorary members shall be entitled to the same privileges as Ordinary members except that they cannot hold Management Committee positions nor vote at TROHPIQ meetings.  Honorary membership shall be conferred by the Management Committee and no membership fee is payable.

(4) An application for membership must be submitted online through the QPAY portal and the NRHSN TROHPIQ membership portal. Applications will be approved once the membership application and payment has been received.

(5) Membership remains current for the duration agreed upon at the time of payment as determined by the membership fee paid, either one year or for the length of member’s current course of study or subsequent course(s) of study.

6. MEMBERSHIP FEES

6. (1) Membership fees for paying members-

  1. is the amount decided by the members from time to time at a general meeting; and
  2. is payable when, and in the way, the Management Committee decides; and
  3. there will be no pro-rata reduction or increase in the amount payable for fees.

(2) Membership remains current for the duration agreed upon at the time of payment as determined by the membership fee paid, either one year or for the length of member’s current course of study or subsequent course(s) of study.

7. ADMISSION AND REJECTION OF MEMBERS

7. (1) After the Management Committee receives:

  1. the application; and
  2. the appropriate membership fee for the application,

the applicant shall be accepted as a member to the class of membership applied for, unless a member of the Management Committee proposes rejecting the application.

(2) If a Management Committee proposes rejecting the application, the Management Committee must decide at a general meeting whether to accept or reject the application.

(3) If a majority of the Management Committee members present at the meeting vote to accept the applicant as a member, the applicant must be accepted as a member to the class of membership applied for.

(4) The Secretary must, as soon as practicable after the Management Committee decides to accept or reject an application, give the applicant a written notice of the decision.

8. TERMINATION OF MEMBERSHIP

8. (1) A member may resign from TROHPIQ by giving a written notice of resignation to the Secretary.

(2) The resignation takes effect on:

  1. the day and at the time the notice is received by the Secretary; or
  2. if a later day is stated in the notice -the later day.

(3) The Management Committee may terminate a member’s membership if the member:

  1. is convicted of an indictable offence; or
  2. does not comply with any of the provisions of these rules; or
  3. has membership fees in arrears for at least 2 months; or
  4. conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of TROHPIQ.

(4) Intention to terminate membership must be agreed upon by a two-thirds majority of a Management Committee meeting, following which the Secretary shall inform the implicated member of the intention to terminate their membership within one week of the intention being passed.

(5) Before the Management Committee terminates a membership:

  1. The committee must give the member a full and fair opportunity to show why the membership should not be terminated.
  2. This shall usually, but not necessarily be presented at the next Management Committee meeting following the notice of intention to terminate membership.

(6) If, after considering all representations made by the member, the Management Committee decides to terminate the membership, the Secretary of the committee must give the member a written notice of the decision.

9. APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP

9. (1) A person whose application for membership has been rejected, or whose membership has been terminated, may give the Secretary written notice of the person’s intention to appeal against the decision.

(2) A notice of intention to appeal must be given to the Secretary within 1 month after the person receives written notice of the decision.

(3) If the Secretary receives a notice of intention to appeal, the Secretary must, within 3 months after the day of receipt, call a general meeting to decide the appeal.

(4) At the meeting, the applicant must be given a full and fair opportunity to show why the application should not be rejected or the membership should not be terminated.

(5) Also, the Management Committee and the committee members who rejected the application or terminated the membership must be given an opportunity to show why the application should be rejected or the membership should be terminated.

(6) An appeal must be decided by a vote of the members present at the meeting.

(7) If a person whose application has been rejected does not appeal against the decision within 1 month after receiving written notice of the decision, or the person appeals but the appeal is unsuccessful, the Secretary must, as soon as practicable, refund the application fee paid by the person.

10. REGISTER OF MEMBERS

10. (1) A register of members must be kept at all times, either directly by the Management Committee or by the NRHSN

 (2) The register of members must include the particulars for each member required by the NRHSN national database, such as:

  1. the full name and residential and postal addresses of the member;
  2. the date of admission as a member;
  3. course of study and study history of the member
  4. any other particulars the Management Committee or the members at a general meeting decide.

(3) The register must be open for inspection at all reasonable times to enable appropriate functioning of TROHPIQ, subject to the Privacy Act (1988 and subsequent amendments) after application to the Secretary.

11. MEMBERSHIP OF MANAGEMENT COMMITTEE

11. (1) The Management Committee of TROHPIQ shall consist of a President, Vice-President, Secretary, Treasurer, Nursing & Allied Health Co-Chairs, Communications & IT Officer, NRHSN & Membership Officer, Past President, Sponsorships Officer, Scholarships, Bursaries and Conferences Officer, Nursing & Allied Health Representative(s), MD I representative, MD II representative, RCS Representatives (Rockhampton, Hervey Bay, Bundaberg, Toowoomba), Indigenous Affairs Officer(s), Education Liaison Officer, Rural High School Visit Convenor(s), Medical Skills Day Convenor(s), Bowties and Beauties Charity Gala Convenors, Trip Organisers (Toowoomba, Wide Bay, Rockhampton and Cherbourg), Allied Health Skills Events Convenor(s), and any other members of TROHPIQ members elect or appoint at a general meeting.

(2) At each Annual General Meeting of TROHPIQ, the members of the Management Committee must retire from office, but are eligible, on nomination, for re-election (with the exception of the President as per Section 26(3)).

(3) A minimum of 50% of the Management Committee shall be UQ students.

12. ELECTING THE MANAGEMENT COMMITTEE

12. (1) A member of the Management Committee (including the Executive Sub-Committee) may only be elected as follows

  1. any 1 member of TROHPIQ may nominate another member (the candidate) to serve as a member of the Management Committee;
  2. any member of TROHPIQ may nominate themselves to serve as a member of the Management Committee;
  3. the nomination

i. may be submitted in a manner chosen by the Management Committee

ii. must be given to the Secretary at least 7 days before the Annual General Meeting at which the election is to be held;

 (2) A list of the candidates’ names in alphabetical order, with the names of the members who nominated each candidate, must be posted on the website for at least 7 days immediately preceding the Annual General Meeting.

(3) If required by the Management Committee, balloting lists must be prepared containing the names of the candidates in alphabetical order.

(4) Votes may be cast by TROHPIQ members in advance of the Annual General Meeting in a manner determined by the Management Committee, and these votes counted alongside the votes of members present at the meeting.

(5) Positions shall be elected at the Annual General Meeting in the following order, with unsuccessful candidates for one position able to nominate from the floor for subsequent positions:

  1. President
    1. Vice-president
    1. Secretary
    1. Treasurer
    1. Nursing & Allied Health Co-Chairs
    1. Communications & IT Officer
    1. NRHSN & Membership Officer
    1. Sponsorships Officer
    1. Scholarships, Bursaries and Conferences Officer
    1. Nursing & Allied Health Representative(s)
      1. UQ
      1. QUT
      1. USQ
      1. USC
      1. ACU
      1. CQU
    1. Rural High School Visit Officer(s)
    1. Indigenous Affairs Officer(s)
    1. Education Liaison Officer(s)
    1. MD II Representatives
    1. RCS Representatives
      1. Rockhampton
      1. Bundaberg
      1. Hervey Bay
      1. Toowoomba
    1. Medical Skills Day Convenor(s)
    1. Trip Organisers
      1. Toowoomba Trip
      1. Wide Bay Trip
      1. Rockhampton Trip
      1. Cherbourg Trip
    1. Bowties and Beauties Charity Gala Convenors
    1. Allied Health Skills Events Convenor(s)

 (6) If, at the start of the Annual General Meeting, there are not enough candidates nominated, nominations may be taken from the floor of the meeting.

(7) If only one nomination has been received for any position, this candidate is elected unopposed at the meeting.

(8) In the event of a draw between two applicants for a single position, the immediate outgoing President shall have jurisdiction in deciding the successful applicant.

(9) Each member present at the Annual General Meeting may vote for any number of candidates not more than the number of vacancies;

13. RESIGNATION OR REMOVAL FROM OFFICE OF MANAGEMENT COMMITTEE MEMBER

13. (1) A Management Committee member may resign from the committee by giving written notice of resignation to the Secretary.

(2) The resignation takes effect on

  1. the day and at the time the notice is received by the Secretary; or
  2. if a later day is stated in the notice – the later day.

(3) A member may be removed from office at a Management Committee meeting if a two-thirds majority of the members present at the meeting vote in favour of removing the member.

(4) Before a vote of members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he or she should not be removed from office.

(5) A member has no right of appeal against the member’s removal from office under this section.

14. VACANCIES ON MANAGEMENT COMMITTEE

14. (1) The continuing members of the committee may appoint another member of TROHPIQ to fill any position not filled at the Annual General Meeting (including MD I Representative), and casual vacancies, until the next Annual General Meeting.

(2) The continuing members of the Management Committee may act despite a casual vacancy on the Management Committee.

(3) However, if the number of committee members is less than the number fixed under these rules as a quorum of the Management Committee, the continuing members may act only to

  1. increase the number of Management Committee members to the number required for a quorum; or
  2. call a general meeting of TROHPIQ.

15. FUNCTIONS OF MANAGEMENT COMMITTEE

15. (1) Subject to these rules or a resolution of TROHPIQ members carried at a general meeting, the Management Committee

  1. has the general control and management of the administration of the affairs, property and funds of TROHPIQ; and
  2. has authority to interpret the meaning of these rules and any matter relating to TROHPIQ on which the rules are silent.

(2) The Management Committee may exercise the powers of TROHPIQ

  1. to borrow, raise or secure the payment of amounts in a way TROHPIQ members decide; and
  2. to secure the amounts mentioned in paragraph (a) or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by TROHPIQ in any way
  3. to invest in a way the members of TROHPIQ may from time to time decide.

16. MEETINGS OF MANAGEMENT COMMITTEE

16. (1) Subject to subsections (2) to (15), the Management Committee may meet and conduct its proceedings as it considers appropriate.

 (2) The committee must decide how a meeting is to be called.

(3) Notice of a meeting is to be given in the way decided by the committee.

(4) If the Secretary receives a written request signed by at least 50% of the Management Committee members, the Secretary must call a special meeting of the committee.

(5) A request for a special meeting must state

  1. why the special meeting is being called; and
  2. the business to be conducted at the meeting.

(6) At a Management Committee meeting, more than one-third of the members forming the Management Committee as at the close of the last general meeting of the members form a quorum.

(7) A question arising at a committee meeting is to be decided by a majority vote of committee members present at the meeting and, if the votes are equal, the Chairperson shall have the casting vote as well as a primary vote.

(8) A Management Committee member must not vote on a question about a contract or proposed contract with TROHPIQ if the member has an interest in the contract or proposed contract, and if the member does vote the member’s vote must not be counted.

(9) The Secretary must give each Management Committee member at least 7 days notice of a special meeting of the committee.

(10) A notice of a special meeting must state

  1. the day, time and place of the meeting; and
  2. the business to be conducted at the meeting.

(11) The Secretary or the President, or Vice President if neither the Secretary or President is available within 15 minutes after the time fixed for a Management Committee meeting, is to preside as chairperson at the meeting.

(12) If the Secretary, President and the Vice-President are absent from a Management Committee meeting, the members may choose 1 of their number to preside as chairperson at the meeting.

(13) If a quorum is not present within 30 minutes after the time fixed for a Management Committee meeting called on the request of committee members, the meeting lapses.

(14) If a quorum is not present within 30 minutes after the time fixed for a Management Committee meeting called other than on the request of committee members, the meeting is to be adjourned to

  1. the same day, time and place in the next week; or
  2. a day, time and place decided by the committee who are present.

(15) If, at the adjourned meeting mentioned in subsection (14), a quorum is not present within 30 minutes after the time fixed for the meeting, the meeting lapses.

17. DELEGATION OF MANAGEMENT COMMITTEE POWERS

17. (1) The Management Committee may delegate the whole or part of its powers to a subcommittee consisting of TROHPIQ members considered appropriate by the committee.

(2) A subcommittee may only exercise delegated powers in the way the Management Committee decides.

(3) A subcommittee may elect a chairperson of its meetings if the chairperson is not appointed by the Management Committee.

(4) If a chairperson is not elected, or if the chairperson is not present within 15 minutes after the time fixed for a meeting, the members present may choose 1 of their number to be chairperson of the meeting.

(5) A subcommittee may meet and adjourn as it considers appropriate.

(6) A question arising at a subcommittee meeting is to be decided by a majority vote of the members present at the meeting and, if the votes are equal, the Chairperson has the casting vote as well as a primary vote.

18. EXECUTIVE SUBCOMMITTEE

18. (1) The Executive subcommittee shall consist of the President, Vice-President, Secretary, Treasurer, Nursing & Allied Health Co-Chairs, Communications & IT Officer, Past President, NRHSN & Membership Officer, Sponsorship Officer, and Scholarships, Bursaries and Conferences Officer.

(2) The President will be the primary representative of TROHPIQ and will attend all NRHSN related face-to-face meetings and teleconferences.

(3) Quorum of the Executive subcommittee shall be 50% or greater.

(4) Subject to these rules or a resolution of TROHPIQ members carried at a general meeting, the Executive subcommittee shall:

  1. Be responsible for incidental running of TROHPIQ
  2. Have the power to approve expenditure up to and including an amount agreed upon at the last general meeting

(5) A minimum of 50% of the Executive committee shall be UQ students.

19. NURSING AND ALLIED HEALTH SUBCOMMITTEE

19. (1) The Nursing and Allied Health Subcommittee shall consist of the Nursing and Allied Health Co-Chairs, Nursing and Allied Health Representatives, Allied Health Skills Events Convenors, and may include other members of the Executive Subcommittee who are nursing and allied health students.

(2) Quorum of the Nursing and Allied Health Subcommittee shall be 50% or greater.

(3) The Nursing and Allied Health Subcommittee shall:

  1. Represent the interests of nursing and allied health students across all universities represented by TROHPIQ
  2. Support and further the engagement of nursing and allied health students represented by TROHPIQ
  3. Plan events specific to nursing and allied students, including but not limited to Career in Rural Health information nights, Allied Health Skills Day, and Allied Health Bush Cup Challenge
  4. Report to the Management Committee and Executive Subcommittee on a regular basis

20. RURAL REPRESENTATIVE SUBCOMMITTEE

20. (1) The Rural Representative Subcommittee shall consist of the Vice President, Rural Clinical School Representatives, Rural Clinical School Trip Convenors, and may include other members of the Executive Subcommittee who are Rural Clinical School students.

(2) Quorum of the Rural Representative Subcommittee shall be 50% or greater.

(3) The Rural Representative Subcommittee shall:

  1. Represent the interests of Rural Clinical School students
  2. Report to the Management Committee and Executive Subcommittee on a regular basis

21. RESOLUTIONS OF MANAGEMENT COMMITTEE WITHOUT MEETING

21. (1) A written resolution signed by each member of the Management Committee for the time being entitled to receive notice of a committee meeting is as valid and effectual as if it had been passed at a committee meeting that was properly called and held.

(2) A resolution mentioned in subsection (1) may consist of several documents in like form, each signed by 1 or more members of the committee or an email received by the Secretary from each member of the committee within the space of 7 days of the first email being received.

22. ANNUAL GENERAL MEETINGS

22. (1) An Annual General Meeting must be held at least once each year

23. BUSINESS TO BE CONDUCTED AT ANNUAL GENERAL MEETING

23. (1) The following business must be conducted at each Annual General Meeting

  1. receiving the statement of income and expenditure, assets, liabilities and mortgages, charges and securities affecting the property of TROHPIQ for the last financial year;
  2. receiving the auditor’s report on the financial affairs of TROHPIQ for the last financial year;
  3. presenting the audited financial statement to the meeting for adoption;
  4. electing members of the Management Committee, including the Executive Sub-Committee;
  5. appointing an auditor for the purpose of Section 30(9).

24. SPECIAL GENERAL MEETING

24. (1) The Secretary may only call a special general meeting by giving each member notice of the meeting within 14 days after

  1. being directed to call the meeting by the Management Committee; or
  2. being given a written request signed by
    1. at least 50% of the members of TROHPIQ presently on the Management Committee; or
    1. at least the number of ordinary or associate members of TROHPIQ equal to double the number of members of TROHPIQ presently on the Management Committee plus 1; or
  3. being given a written notice of an intention to appeal against the decision of the Management Committee
  4. to reject an application for membership; or
  5. to terminate a person’s membership.

(2) A request mentioned in subsection 22. (1)(b) must state

  1. why the special general meeting is being called; and
  2. the business to be conducted at the meeting.

25. NOTICE OF GENERAL MEETING

25. (1) The Secretary may call a general meeting of TROHPIQ.

(2) The Secretary must give at least 14 days notice of the meeting to each member.

(3) The Management Committee may decide the way in which the notice must be given.

(4) However, notice of the following meetings must be given in writing-

  1. a meeting called to hear and decide the appeal of a member against the rejection or termination of the member’s membership by the Management Committee; or
  2. a meeting called to hear and decide a proposed special resolution of TROHPIQ.

(5) A notice of a general meeting must state the business to be conducted at the meeting.

26. QUORUM FOR, AND ADJOURNMENT OF, GENERAL MEETING

26. (1) Subject to subsection (5), at a general meeting the number of members equal to 50% the number of members presently on the Management Committee form a quorum.

 (2) No business may be conducted at a general meeting unless a quorum of members is present when the meeting proceeds to business.

(3) If a quorum is not present within 30 minutes after the time fixed for a general meeting called on the request of members of the Management Committee or TROHPIQ, the meeting lapses.

(4) If a quorum is not present within 30 minutes after the time fixed for a general meeting called other than on the request of members of the Management Committee or TROHPIQ, the meeting is to be adjourned to

  1. the same day, time and place in the next week; or
  2. a day, time and place decided by the Management Committee.

(5) If at an adjourned meeting, a quorum under subsection (1) is not present within 30 minutes after the time fixed for the meeting, the members present form a quorum.

(6) The chairperson may, with the consent of any meeting at which a quorum is present, and must if directed by the meeting, adjourn the meeting from time to time and from place to place.

(7) If a meeting is adjourned under subsection (6), only the business left unfinished at the meeting from which the adjournment took place may be conducted at the adjourned meeting.

(8) The Secretary is not required to give the members notice of an adjournment or of the business to be conducted at an adjourned meeting unless a meeting is adjourned for at least 30 days.

(9) If a meeting is adjourned for at least 30 days, notice of the adjourned meeting must be given in the same way notice is given for an original meeting.

(10) In this rule: “member” includes a person attending as a proxy or representing a corporation that is a member.

27. PROCEDURE AT GENERAL MEETING

27. (1) Subject to these rules, at each general meeting

  1. the President, Secretary or Vice President is to preside as chairperson; and
  2. if the President, Secretary and Vice President are all absent or unwilling to act as chairperson, the members present must elect 1 of their number to be chairperson of the meeting; and
  3. the chairperson must conduct the meeting in a proper and orderly way; and
  4. each question, matter or resolution must be decided by a majority of votes of the members present; and
  5. each member present and entitled to vote is entitled to 1 vote only and, if the votes are equal, the chairperson has a casting vote as well as a primary vote; and
  6. a member is not entitled to vote at a general meeting if their membership fee has not been received; and
  7. voting may be by a show of hands or a division of members, unless at least one-quarter of the members present demand a secret ballot; and
  8. if a secret ballot is held, the chairperson must appoint 2 members to conduct the secret ballot in the way the chairperson decides; and
  9. the result of a secret ballot as declared by the chairperson is taken to be a resolution of the meeting at which the ballot was held; and
  10. a member may vote in person or by proxy and
    1. on a show of hands, each person present who is a member or a representative of a member has 1 vote; and
    1. in a secret ballot, each member present in person or by proxy or other properly authorised representative has 1 vote; and
  11. an instrument appointing a proxy must be in writing and signed by hand of the appointer: proxies by other means including electronic and facsimile are invalid; and
  12. a proxy may be a member of TROHPIQ or another person; and
  13. if someone wants to give a member an opportunity to vote for or against a resolution, the instrument appointing a proxy must be in the following or like form:

AUTHORISATION FOR PROXY VOTING

I, __________________________, a member of Towards Rural & Outback Health Professionals In Queensland (TROHPIQ), hereby appoint ___________________________, as my proxy at the Ordinary General Meeting of TROHPIQ to be held on X date, and at any adjournment of the meeting.

I authorise my proxy to vote:

As she/he considers appropriate, OR

As directed below

Signature

Date

and;

  • each instrument appointing a proxy must be received by the Secretary a minimum of 48 hours before the start of the meeting or adjourned meeting at which the person named in the instrument proposes to vote; and
  • the Secretary must ensure full and accurate minutes of all questions, matters, resolutions and other proceedings of each Management Committee meeting and general meeting are entered in a minute book; and
  • the Secretary must ensure the minute book for each general meeting is open for inspection at all reasonable times by any financial member who previously applies to the Secretary for the inspection.

(2) To ensure the accuracy of the minutes recorded under subsection (1)(p):

  1. the minutes of each Management Committee meeting must be signed by the chairperson of the meeting, or the chairperson of the next Management Committee meeting, verifying their accuracy; and
  2. the minutes of each general meeting must be signed by the chairperson of the meeting, or the chairperson of the next general meeting, verifying their accuracy; and
  3. the minutes of each Annual General Meeting must be signed by the chairperson of the meeting, or the chairperson of the next meeting of TROHPIQ that is a general meeting or Annual General Meeting, verifying their accuracy.

28. EXECUTIVE ELECTIONS

28. (1) Executive elections shall occur at the Annual General Meeting.

(2) Immediately prior to elections for the Executive committee the Chairperson, if they are a member of the outgoing Executive committee, shall vacate the chair which shall be filled by a returning officer appointed by the meeting. Once elections are complete the chair shall be resumed in accordance with Section 25 (Procedure at General Meeting).

 (3) The outgoing President is not eligible for a second consecutive term in office.

29. BY-LAWS

29. (1) The Management Committee may make, amend or repeal by-laws, not inconsistent with these rules, for the internal management of TROHPIQ.

(2) A by-law may be set aside by a vote of members at a general meeting of TROHPIQ.

30. ALTERATION OF RULES

30. (1) Subject to the Act, these rules may be amended, repealed or added to by a special resolution carried at a general meeting provided that the special resolution is passed by a three-quarters majority. Amendments to errors in the rules will be subject to a vote by the Executive committee where the resolution will be passed upon unanimous vote. In the event of a non-unanimous vote, the Management Committee will vote on the amendments during a general meeting.

31. COMMON SEAL

31. (1) The Management Committee must ensure TROHPIQ has a common seal.

(2) The common seal must be

  1. kept securely by the Management Committee; and
  2. used only under the authority of the Management Committee.

(3) Each instrument to which the seal is attached must be signed by a member of the Management Committee and, unless that member is an Executive Subcommittee member, be countersigned by

  1. another member of the Management Committee; or
  2. someone appointed by the Management Committee.

32. FUNDS AND ACCOUNTS

32. (1) The funds of TROHPIQ must be kept in an account in the name of TROHPIQ in a financial institution decided by the Management Committee.

(2) Records and accounts must be kept in the English language showing full and accurate particulars of the financial affairs of TROHPIQ.

(3) All amounts must be deposited in the financial institution account as soon as practicable after receipt.

(4) Expenses arising may be payable by cheque, Electronic Funds Transfer, or cash as appropriate.

(5) If an amount of $100 or more is paid by cheque, the cheque must be signed by any 2 of the following

  1. the President;
  2. the Vice President;
  3. the Secretary;
  4. the Treasurer;
  5. another member authorised by the Management Committee for the purpose.

(6) Cheques, other than cheques for wages, allowances or petty cash recoupment, must be crossed ”not negotiable”.

(7) A petty cash system must be kept in a secure form, and the Management Committee must decide the amount of petty cash to be kept in this system.

(8) All expenditure must be approved or ratified at a Management Committee meeting, subject to Section 18(4)(b).

(9) The Treasurer must, as soon as practicable after the end of each financial year, ensure a statement containing the following particulars is prepared

  1. the income and expenditure for the financial year just ended;
  2. TROHPIQ’s assets and liabilities at the close of the year;
  3. the mortgages, charges and securities affecting the property of TROHPIQ at the close of the year.

(10) An auditor must examine the statement prepared under subsection (8) and present a report about it to the Secretary before the next Annual General Meeting following the financial year for which the audit was made.

(11) The income and property of TROHPIQ must be used solely in promoting TROHPIQ’s objects and exercising TROHPIQ’s powers.

(11) The Treasurer must provide budgets and reporting documentation as required by RCD for RUSC funding

33. PROHIBITION OF USE OF FUNDS AND ACCOUNTS FOR MEMBERS’ BENEFIT

33. The income and property of the association whencesoever derived shall be used and applied solely in promotion of its aims and in the exercise of its powers as set out herein and no portion thereof shall be distributed, paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to or amongst the members of the association.

34. DOCUMENTS

34. The Management Committee must ensure the safe custody of books, documents, instruments of title and securities of TROHPIQ.

35. FINANCIAL YEAR

35. The financial year of TROHPIQ closes on 31 December in each year.

36. DISTRIBUTION OF SURPLUS ASSETS TO ANOTHER ENTITY

36. (1) This section applies if TROHPIQ

  1. is wound-up under part 10 of the Act; and
  2. has surplus assets.

(2) The surplus assets must not be distributed among TROHPIQ members.

(3) The surplus assets must be given to another entity

  1. having objects similar to TROHPIQ’s objects; and
  2. the rules of which prohibit the distribution of the entity’s income and assets to its members.

(4) In this section “surplus assets” means the assets after payment of the debts and liabilities remaining on a winding-up of an association and the costs, charges and expenses of the winding-up.