The Constitution of the  Coalition of Celebrant Associations (CoCA) Incorporated

Incorporation Number: INC9895004

Contents

Preamble

Guiding principles Objects of the association

PREAMBLE

(i)  Guiding  Principles

1.              CoCA is a coalition of celebrant associations, comprised of individual delegates from celebrant associations and recognised as Australia’s peak celebrant body by Protocol with the Commonwealth Attorney-General’s  Department.

2.              All celebrant associations bring a valuable contribution to a national forum on celebrancy issues through their knowledge, expertise, experience and understanding of celebrancy issues.

3.              Each member association, regardless of size, and represented by their individual delegate at CoCA meetings, is treated with equal respect, acknowledging the value of minority opinion in a democratic society, and in developing comprehensive quality approaches to celebrancy issues.

4.              All office bearers and sub-committees are  responsible to CoCA for the setting of their roles and responsibilities, and for the review of the services they perform on behalf of CoCA.

5.              Terms of office of official positions are to be determined as agreed by financial member delegates.

6.              Funding of CoCA activities to be organised to enable all CoCA member associations to participate fully.

7.              CoCA’s operations are to be transparent to all celebrants and their associations. Freedom of speech and freedom  of  information principles apply. Each member  association will be  represented by one vote when formal resolutions are required.

8.              CoCA may use electronic, internet and other methods of communication, organisation, administration, implementation and to review it’s activities.  Face to face meetings also may occur.

9.              As the roles of civil celebrants evolve, CoCA’s aim is to recommend a range of strategies to member delegates and their associations, and to the government, to improve the quality of ceremonies offered by celebrants to the Australian public.

(ii)  Objects of the Association

1.              To raise the quality of civil marriage and other ceremonies offered to the Australian community by celebrants, especially those appointed under the Marriage Act 1961.

2.              To advise the Federal Government on:

a.               the   training,   implementation,   maintenance   and   review   of   the   Marriage   Act   1961, Regulations, Marriage Celebrant Programme, and other appropriate legislation,

b.              the strategies for raising and reviewing standards of services offered by celebrants,

c.               the needs and concerns of civil celebrants and others appointed under the Marriage Act 1961,

d.              related issues that affect civil celebrants.

3.              To facilitate, develop and  review  a national co-operative and co-ordinated approach to the professional development of celebrants through the sevices offered by member celebrant associations.

4.              To facilitate, develop and review national guidelines for public information  and  education  with respect to services offered by celebrants, in order to create consistency of information from member associations in the public interface with the Australian community.

PART 1 - Preliminary

1.              Definitions

In these rules:

a.               Ordinary member means a delegate representing a member association of CoCA, that member not being an office bearer.

b.              CoCA means the Coalition of Celebrant Associations.

c.               Chairperson means the delegate holding office under the rules as Chairperson of the association.

d.              Vice-Chairperson means the delegate holding office under the rules as Vice-Chairperson of the association.

e.               Secretary means the delegate holding office under the rules as Secretary of the association.

f.                Treasurer means the delegate holding office under the rules as Treasurer of the association.

g.              Special General Meeting means a general meeting of CoCA a meeting specially called to discuss a particular item of a CoCA business or to address a special resolution.

h.              Special Resolution means a resolution requiring 21 days notice and 80% agreement by the membership to be approved.

i.               Term of Office means two consecutive years served by Officer Bearer.

j.               The Act means the NSW Associations Incorporated Act 2009.

k.          The Regulations means the NSW Associations Incorporation Regulation 2010.

l.               a reference to a function includes a reference to a power, authority and duty.

m.             a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of that duty.

n.              the provisions of the Interpretation Act 1987 apply to and in respect of these rules in the same manner as those provisions would apply if these rules were an instrument made under the Act.

o.              Public Officer means the person, residing in NSW, who is the official contact person between CoCA and the Department of Fair Trading NSW.

PART 2 - Membership

1.              Membership  qualifications

a.               With the exception of current member associations, criteria for new membership of CoCA is confined to incorporated associations that have

i.      a minimum of 50  celebrant members at the time of application

ii.     a constitution that outlines the association’s objectives.

2.              Nomination for membership

a.               A nomination of an association for membership of CoCA :

i.      may be made by a member of CoCA, or by application from that association in writing to the Secretary of CoCA, and

ii.     must indicate that the applicant association make a commitment to the guiding principles and objects of CoCA, and

iii.   must provide evidence that the applicant association meets the membership requirements.

b.              As soon as practicable after receiving a nomination / application for CoCA membership, the Secretary must refer the nomination / application to the CoCA membership for approval or rejection.

c.               As soon as practicable after CoCA makes that determination, the Secretary must :

i.      notify the nominee association, in writing, of the decision of approval or rejection.

ii.     Upon approval, request the nominee association to pay (within the period of 28 days after receipt by the nominee of the notification) the sum payable under these rules by a member association as entrance fee (if applicable) and annual subscription, and obtain details of the new member association’s appointed delegate.

d.              The Secretary must, on payment by the nominee association of the amounts required within the time period required, enter the new member association’s name, and their delegate’s name, in the register of members and advise that their membership will be ratified by either the next electronic or face-to-face meeting.

3.              Cessation of membership

An association ceases to be a member of CoCA if that association :

a.               ceases to be an incorporated association

b.              resigns it membership, or

c.               fails to pay the annual subscription within 3 months of the due date.

4.              Membership entitlements not transferable

A right, privilege or obligation which an association has by reason of being a member of CoCA :

a.               is not transferable, and

b.              terminates on cessation of membership.

5.              Resignation of membership

A financial member association of CoCA may resign membership of CoCA in writing to the Secretary.

6.              Register of members

A register of member associations and their appointed delegate details, including joining date, is to be kept by the Secretary, and accessible to CoCA’s Public Officer.

7.              Fees and subscriptions

a.               A member association of CoCA must, on admission to membership, pay to CoCA a fee in the amount as determined by CoCA.

b.              In addition to any amount payable by the member under clause (a.) a further amount may be levied as determined at a CoCA meeting of members.

8.              Members’ liabilities

The liability of a member association of CoCA to contribute towards the payment of the debts and liabilities of the association, or the costs, charges and expenses of the winding up of CoCA is limited to the amount, if any, unpaid by the member association in respect of membership of the association as required by rule 8.

9.              Disciplining of members

a.            A complaint may be made to CoCA by an association member about an association or delegate who :

i.      has persistently refused or neglected to comply with a provision or provisions of these rules, or

ii.     has persistently and wilfully acted in a manner prejudicial to the interests and objections of the Coalition.

b.              On receiving such a complaint, CoCA :

i.    must cause notice of the complaint to be served on the member association concerned, and

ii.     must give the member association at least 30 days from the time the notice is served within which    to    make    submissions   to   CoCA   in   connection    with   the    complaint,    and

iii.   must take into consideration any submissions made by the member association in connection with the complaint.

c.               CoCA may, by resolution, expel the member association or suspend the member association from membership of the association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.

d.              if CoCA expels or suspends a member association, the Secretary must within 21 days after the action is taken, cause written notice to be given to the delegate and the delegate’s member association of the action taken, and of the reasons given by the association for having taken that action, and of the member association’s right of appeal.

e.               The expulsion or suspension does not take effect :

i.           until the expiration of the period within which the member association is entitled to appeal against the resolution concerned, or

ii.if within that period the member association exercises the right of appeal, unless and until CoCA confirms the resolution, whichever is the latter.

10.            Right of appeal of disciplined member

a.               A member association may appeal to CoCA, in a general meeting, against a resolution of the association under the rule Disciplining of Members, within 14 days after notice of the resolution is served on the member, by lodging with the Secretary a notice to that effect.

b.              The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.

c.               On receipt of a notice from a member under clause ( a. ), the Secretary must convene a general meeting of CoCA to be held within 21 days after the date on which the Secretary received the notice.

d.              At a general meeting of the association convened under clause ( c. ) :

i.           both parties must be given the opportunity to state their respective cases, and

ii.         the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.

PART 3 – The Association

1.              Constitution and Membership

a.                   CoCA Membership is to consist of :

i.               member associations, represented by up to two delegates for each association, including.

ii.              the office-bearers of CoCA, who are elected by the membership and ratified at

the annual general meeting.

b.                   The office-bearers of the association are :

i.               the Chairperson

ii.              the  Vice-Chairperson

iii.            the Secretary

iv.             the Treasurer

c.                   Each office-bearer of CoCA is, subject to these rules, to hold office for a term of two year until the conclusion of the annual general meeting following the end of the office bearer’s term, and is eligible for re-election for one consecutive term in a particular office bearer role.

d.                   In the event of a casual vacancy occurring, a delegate representing a financial member association of CoCA may be appointed to fill that vacancy, subject to these rules, until the next annual general meeting.

2.              Election of Office Bearers

CoCA is empowered by this constitution to conduct business  by  electronic  means  and  online  voting. Office bearers are each directly responsible to CoCA for their roles, and are not empowered to act on behalf of the association as an Executive committee. No more than one delegate per member association can be elected as an Office Bearer. The Public Officer is not considered an  Office  Bearer  for  these purposes.

a.                   Nominations of candidates for election as office bearers of CoCA :

i.               may be made in writing or by electronic means, by a financial member association of CoCA.

ii.              must be made known to the Secretary of CoCA at least 7 days before the date fixed for the holding of the annual general meeting or special general meeting  at  which  the election or ratification of election results is to take place.

iii.            The Secretary will then contact nominees and seek either their acceptance or declination of the nomination.

c.                   If only one nomination is received for any position, that nominee is taken to be elected, unless the nominee represents an association with another delegate already elected as an office bearer.

d.                   If insufficient nominations are received for any position, nominations are called for from the floor at the annual general meeting.  Should any position be unfilled they are taken to be casual vacancies.

e.                   If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected, unless the nominee represents an association with another delegate already elected as an office bearer.

f.                    If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.

g.                   The ballot for the election of office bearers may be conducted online prior to the annual general meeting with a scrutineer chosen by CoCA from those CoCA delegates not nominating for office bearer positions.

h.                   New office bearers will take over their responsibilities at the conclusion of the AGM for which their new term starts. ie, from the commencement of the first general meeting of CoCA, whether face to face or online.

i.                    An Office Bearer may not serve more than two consecutive terms in a particular Office Bearer role.

3.              Chairperson

The role of the Chairperson is to :

a.          be familiar with -

i.               the history of CoCA

ii.              CoCA philosophy and objectives

iii.            the CoCA constitution, policies and procedures

iv.             conflict resolution techniques

v.              meeting procedures, to ensure maximum participation of members

b.          offer leadership by -

i.               facilitating  dialogue  between  CoCA  members  and  encouraging  understanding  of  the needs of member associations

ii.              encouraging resolution of specific issues through agreed processes, such as formation of motions, discussions and voting as appropriate

iii.            supporting CoCA members and processes within the context of ( a ) above.

c.          facilitate  the  agenda  and  ensure  the  convening  of  any  face-to-face  and  electronic  meetings  as required by CoCA.

d.          perform  any  duties  as  required  by  CoCA,  which  may  include  being  a  spokesperson  on  specific matters.

4.              Vice-Chairperson

The role of the Vice-Chairperson is to assist the Chairperson in the smooth running of CoCA as outlined above, and to act as Convenor in the absence of the Chairperson.

5.              Secretary

a.          The Secretary of CoCA is responsible directly to CoCA, and must as soon as practicable after being appointed as Secretary, lodge notice with CoCA members of his / her contact details.

b.          It is the duty of the Secretary to ensure maintenance of records of :

i.               all appointments of office bearers and the names of association member representatives of CoCA

ii.              the  names  of  member  association  Delegates  present  at  face  to  face  and  electronic meetings, and

iii.            all proceedings and decisions at face to face and electronic meetings, and

iv.             a list of all motions moved and seconded for a vote, and the outcome of such vote.