LEAD Action News

LEAD Action News Vol 1 no 3 Spring 1993   ISSN 1324-6011
Incorporating Lead Aware Times ( ISSN 1440-4966) and Lead Advisory Service News ( ISSN 1440-0561)
The journal of The LEAD (Lead Education and Abatement Design) Group Inc.

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Rules of The LEAD Group Incorporated
(1993)

The rules of The LEAD Group Inc contained herein are in accordance with Section 11 and contain those matters specified in Schedule I, of the Associations Incorporation Act 1984.

1. NAME
The name of the Association shall be The LEAD Group Inc.
2. OBJECTS
FUNDAMENTAL OBJECTS
i) to ensure that childhood and foetal lead poisoning are eliminated by the year 2002;
ii) to ensure that the ecosystem is protected from lead in all its uses - past, current and new uses.
ANCILLARY OBJECTS
a) To take over the funds and other assets and liabilities of the unincorporated association known as "The LEAD Group";
b) To establish and conduct a non profit fund raising organisation in New South Wales and elsewhere within Australia to, increase community awareness and action on lead poisoning prevention. Here we accept the definition of lead poisoning of the Centers for Disease Control and Prevention, Atlanta USA;
c) To provide advice and support to all parents and persons having or who have had or will have parental care and parental control of children suffering from lead poisoning;
d) To advise the community of medical, educational, financial, social and legal benefits to which they are entitled;
e) To establish and make available a library on all recent findings, data, programs, research, books, films, tapes, papers and organisations related to lead poisoning and health and environmental issues related to lead poisoning;
f) To increase the awareness of the whole community, particularly politicians, professional or lay people working with products or processes involving lead, and the medical and educational professions of the dangers of the uses and existence of lead in the environment;
g) To lobby Federal, State and Local Government, commercial organisations and the community to implement community-wide and individual lead risk reduction strategies and screening programs for persons affected or potentially affected by lead poisoning.
h) To foster research into the causes, extent, prevention and treatment of childhood and foetal lead poisoning and the efficacy of lead abatement strategies;
i) To advance and promote the objects of The LEAD Group Inc with the view to establishment of national and international associations and to assist, support and cooperate with other associations with objects of a similar nature herein before expressed.
To do all such other things as are conducive or incidental to the attainment of any or all of the above objects.
3. MEMBERSHIP
a) Subject to these rules the members of The LEAD Group Inc shall be the members of The LEAD Group immediately prior to incorporation together with such other people and organisations as the Committee admits to membership.
b) Membership is open to all individuals and organisations who accept the objects and rules of The LEAD Group Inc. Those persons who derive financial gain from the sale or processing of lead, or of products containing lead, are eligible only if, and remain eligible only so long as, in the opinion of the Committee, there is no financial conflict of interest between the objects of The LEAD Group Inc and the member. All members must declare to the Committee in writing any potential or actual financial conflict of interest between the objects of The LEAD Group Inc and the individual member whether that member is financial or otherwise, within 7 days of that financial conflict or potential conflict arising, and all members acknowledge that the Committee of The LEAD Group Inc may expel such a member from The LEAD Group Inc pursuant to Clause 5 hereof. An unincorporated organisation is not capable of being a member of The LEAD Group Inc but it may nominate individuals to be members to represent it.
c) Individuals and organisations wishing to become members of The LEAD Group Inc shall apply to the Committee for membership.
d) Two or more members of the Committee shall determine whether or not to accept an application for membership. The Committee is not required to supply reasons for accepting or rejecting an application for membership.
e) Members shall pay such fees as are determined by The LEAD Group Inc at a general meeting. Current fees are those set before incorporation.
f) A register of members shall be kept by The LEAD Group Inc showing the name, address and date of commencement of membership for each member. Provision for noting the date of cessation of membership shall also be contained in the register.
g) Membership shall cease upon resignation, expulsion, or failure to pay outstanding membership fees within 6 months of the due date.
h) Membership fees shall fall due on the first day of each financial year of The LEAD Group Inc. The financial year of The LEAD Group Inc shall run from Ian 1 to Dec 31 unless another such period is determined by the Committee.
i) Members shall be entitled to:

  •  free entrance to all the discussion meetings of The LEAD Group Inc for that financial year;

  • access to The LEAD Group Inc library and borrowing rights;

  • receipt of LEAD Action News for that financial year.

4. MEMBERS' LIABILITY
The members of The LEAD Group Inc shall have no liabilities of The LEAD Group Inc or the costs, charges and expenses of tile winding up of The LEAD Group Inc except to the amount of any unpaid membership fees.
5. DISCIPLINING OF MEMBERS
The procedure for disciplining members shall be determined by the Committee. Anyone who wishes to appeal against a decision refusing membership, expelling them from membership or otherwise disciplining them may do so at the next general meeting of The LEAD Group Inc.
6. MANAGEMENT - BY COMMITTEE
a) The LEAD Group Inc shall have its affairs controlled and managed by the office bearers and one or two other members. This group of five or six shall be known as the Committee.
b) The office bearers shall be a President, Vice President, Secretary and Treasurer.
c) The office bearers and other members of the Committee shall be elected at each Annual General Meeting (AGM). Any casual vacancy occurring in the Committee may be filled by a member appointed by the Committee.
d) Each member of the Committee shall hold office from the date of their election of appointment until the next AGM.
e) Retiring Committee members are eligible for re-election.
f) The Committee shall meet at least three times in each twelve month period to conduct the business of The LEAD Group Inc.
g) The quorum for meetings of the five or six Committee members shall be three.
h) Notice of Committee meetings shall be given at the previous Committee meeting or by such other means as the Committee may decide upon.
i) A member of the Committee shall cease to hold office upon resignation in writing, removal as a member of The LEAD Group Inc or absence from three successive Committee meetings without approval by the Committee.
j) The Committee may function validly provided its number is not reduced below the quorum. Should Committee numbers fall below the quorum the remaining Committee members may act only to appoint new committee members.
k) Questions arising at any meeting of the Committee shall be decided by the majority of votes of those present. In case of an
equality of votes the person appointed to chair the meeting shall have a second or casting vote.
I) If within half an hour of the time appointed for a Committee meeting a quorum is not present the meeting shall be dissolved.
m) Additional meetings of the Committee may be convened by the President or any two members of the Committee.
n) A Technical Board has been formed from experts in appropriate fields to advise The LEAD Group Inc, and oversee any technical policies adopted by The LEAD Group Inc, information disseminated by The LEAD Group Inc and advice offered by The LEAD Group Inc. Membership of the Technical Board is by invitation from the Committee, and is indefinite.
7.  GENERAL MEETINGS
a) An Annual General Meeting of The LEAD Group Inc shall be held each year within six months from the end of the financial year of The LEAD Group Inc (except the first Annual General Meeting which shall be held within two months from the end of the first financial year and within 18 months of incorporation).
b) The Committee may, whenever it thinks fit, convene a special general meeting of The LEAD Group Inc. A special general meeting must be convened by the Committee within three months of receiving a written request to do so from at least five per cent of the membership of The LEAD Group Inc.
c) At least 14 days' notice of all general meetings and notice of motion shall be given to members. In the case of general meetings where a special resolution is to be proposed, notice of the resolution shall be given to members at least 21 days before the meeting.
d) In the case of the Annual General Meeting the following business shall be transacted:

  1. confirmation of the minutes of the last Annual General Meeting and any recent special general meeting;

  2. receipt of the Committee's report upon the activities of The LEAD Group Inc in the last financial year;

  3. election of office bearers and other members of the Committee;

  4. receipt and consideration of a statement from the Committee which is not misleading and gives a true and fair view for the last financial year of The LEAD Group Inc's:

  •  income and expenditure

  • assets and liabilities

  • mortgages, charges and other securities

  • trust properties

e) The quorum for a general meeting shall be five members present. If within half an hour of the time appointed for a general meeting a quorum is not present the meeting shall be dissolved.
f) Voting at general meetings shall be by a show of hands of those present, and by postal ballot for those members unable to attend. Decisions shall be made by a simple majority vote except for those matters which must be decided by special resolution where a three-quarter majority is required;
g) Votes shall either be given personally at the meeting, or by postal ballot received either by mail, fax or delivery to the office of the Community Lead Information Centre (CLIC). Only those postal votes received before the commencement of the general meeting shall be counted.
h) In the case of an equality of votes the person appointed to chair the general meeting shall have a second or casting vote.
i) Nominations of candidates for election as office bearers or other Committee members may be made at the Annual General Meeting or in such other ways as may be determined by The Lead Group Inc at a general meeting.
j) Written notice of all general meetings shall be given to members either personally or by post.
8. OFFICE BEARERS
a) The President or, in the President's absence, the Vice President, shall act as chairperson at each general meeting and Committee meeting of The Lead Group Inc.
b) If the President and Vice President are absent from a meeting or unwilling to act, the members present at the meeting shall elect one of their number to act as chairperson.
c) The Secretary shall ensure that records of the business of The LEAD Group Inc including the rules, register of members, minutes of all general and Committee meetings and a file of correspondence are kept. The records shall be available for inspection by any member and shall be held in safe-keeping at the office of the Community Lead Information Centre (CLIC).
d) The Treasurer shall ensure that all money received by The LEAD Group Inc is paid into an account named The LEAD Group Inc. Payments shall be made through a petty cash system or by cheque signed by two signatories who are Committee members. It should also be ensured that the recipient of the cheque is not also a signatory to that cheque. Major or unusual expenditures shall be authorised in advance by the Committee or a general meeting.
e) The Treasurer shall ensure that correct books and accounts are kept showing the financial affairs of The LEAD Group Inc. These records shall be available for inspection by any member and shall be held in the custody of the Treasurer.
f) Other office bearers as required will be delegates of the four primary office bearers. These should be members but not necessarily Committee members.
9. SPECIAL RESOLUTIONS
 a) A special resolution must be passed by a general meeting of The LEAD Group Inc to effect the following changes:

  1. a change of the name of The Lead Group Inc;

  2. a change of the rules of The Lead Group Inc;

  3. a change of the objectives of The Lead Group Inc;

  4. an amalgamation with another Inc Association;

  5. to voluntarily wind up the Lead Group Inc and distribute its property;

  6. to apply for registration as a Company or a Co-operative.

b) A special resolution shall be passed in the following manner:

  1. a notice must be sent to all members advising that a general meeting is to be held to consider a special resolution;

  2. the notice must give details of the proposed special resolution and give at least 21 days' notice of the meeting;

  3. a quorum must be present at the meeting;

  4. at least three-quarters of those present must vote in favour of the resolution;

  5. in situations where it is not possible or practicable for a resolution to be passed as described above, a request may be made to the Corporate Affairs Commission for permission to pass the resolution in some other way.

10. PUBLIC OFFICER

  1. The Committee shall ensure that a person is appointed as Public Officer.

  2. The first Public Officer shall be the person who completed the application for incorporation of The LEAD Group Inc.

  3. The Committee may at any time remove the Public Officer and appoint a new Public Officer provided the person appointed is 18 years of age or older and a resident of New South Wales.

  4. The Public Officer shall be deemed to have vacated their position in title following circumstances;

i) death
ii)  resignation
iii)  removal by The LEAD Group Inc or at a general meeting
iv) bankruptcy or financial insolvency
v0 mental illness
vi) residency outside New South Wales

e) When a vacancy occurs in the position of Public Officer the Committee shall within 14 days notify the Corporate Affairs Commission by the prescribed form and appoint a new Public Officer.
f) The Public Officer is required to notify the Corporate Affairs Commission by the prescribed form in the following circumstances:
i) appointment (within 14 days);
ii) a change of residential address (within 14 days);
iii) a change in the objects or rules of The LEAD Group Inc (within one month);
iv) a change in the membership of the Committee (within 14 days);
v) of the financial affairs of The LEAD Group Inc (within one month after the Annual General Meeting);
vi) a change in the name of The LEAD Group Inc (within one month).
f) The Public Officer may be an office bearer, Committee member, or any other person regarded as suitable for the position by the Committee.

11. MISCELLANEOUS
a) The LEAD Group Inc shall effect and maintain insurance as is required under The Associations Incorporation Act together with any other insurance which may be required by law or regarded as necessary by The LEAD Group Inc.
b) The funds of The LEAD Group Inc shall be derived from the fees of members, donations, grants and such other sources approved by The Lead Group Inc.
c) The Common Seal of The LEAD Group Inc shall be kept in the custody of the Secretary and shall only be affixed to a document with the approval of the Committee. The stamping of the Common Seal shall be witnessed by the signatures of two members of the Committee.
d) The LEAD Group Inc may at any time pass a special resolution determining how any surplus property is to be distributed in the event that The LEAD Group Inc. should be wound up. Current policy is that if The LEAD Group Inc is wound up surplus funds or property should be divided equally amongst all members. The distribution of surplus property shall be in accordance with section 53 of the Associations Incorporation Act 1984.
e) Service of documents on The LEAD Group Inc is effected by serving them on the Public Officer or by serving them personally on two members of the Committee.
f)  Notices sent by post shall be deemed to have been received two days after the date of posting.
g) The income and property of The LEAD group Inc. shall be used only for promotion of the objects of The LEAD group Inc. and shall not be paid or transferred to members by way of dividend, bonus or profit.

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Last Updated 10 November 2012
Copyright The LEAD Group Inc. 1991- 2012
PO Box 161 Summer Hill NSW 2130 Australia
Phone: +61 2 9716 0014