The Constitution
The name of the cooperative association shall be the Cooperative Community Council (herein called the "council").
The business of the council shall be situated at such place or places as the council may determine from time to time, be they temporary or permanent locations. The place or places shall be defined by geographic region that shall be limited in size by the requirement of regular and effective communication in face to face assemblies.
The objects of the council shall be:-
(a) To provide a regular, democratic forum.
(b) To pursue an independent political role in advancing cooperation and cooperatives.
(c) To provide a focus for deliberation on issues of cooperative practice.
(d) To provide a basis for inter-cooperative coordination tasks.
(e) To promote and assist the creation and development of a regional, federation of community cooperatives.
(f) To promote and assist the establishment and development of a regional, financing base for cooperative activity.
(g) To promote and assist the founding and development of a regional, cooperative resource and education centre.
(h) To provide support to people working in cooperative and community activities.
(i) To initiate a range of actions as agreed in council including;
(i) education
(ii) legal and policy modeling
(ii) economic development
(iv) financing and financial management
(v) political actions
(vi) community cultural development
(vii) regional cooperative advancement
(viii) communication and networking.
(j) To practice co-operation including :-
(i) equality
(ii) democracy
(iii) equity
(iv) fair and just returns
(v) education
(vi) free association between communities.
(k) To act in accordance with the council's commonly understood ethical principles, giving effect to principles of social justice, human rights, equal opportunity and environment protection.
The powers of the council shall be to do anything it freely determines and is capable of in relation to its objects, in view of international covenants on civil and political rights, according to its standing at law, and subject to the laws of the land. These shall include but are not limited to:
(a) representing itself to the world
(b) determining its own affairs
(c) advocating policies and principles to the public
(d) expressing the products of freedom of thought
(e) communicating ideas and distributing information
(f) forming mutual interests and entering into agreements
(g) acting to improve the quality of community life
(h) revenue raising and expending
The council shall be an unincorporated association until such time as the members may choose to incorporate under an appropriate Act of Parliament. The council's members are individually, jointly and severally liable for actions undertaken by the association. Only actions authorised by the council by means of resolutions passed at properly convened meetings shall be binding upon the members of the council. All powers not delegated by a general meeting of the council shall be reserved to the council and any unauthorised actions purporting to be taken on behalf of the council shall be subject to appropriate legal restraints. Nothing in this constitution shall be taken to provide protection from any action arising out of any legal contract (whether written or verbal), or arising under civil, administrative or criminal law.
The funds of the council shall be applied to carrying out the objects of the council.
6. Qualification For Membership
(a) A member of the council shall be a person, not a body corporate:
(i) who is committed to the objects of the council
(ii) who accepts the responsibilities arising out of this constitution
(iii) who will benefit from membership in the council
(iv) who will benefit the council by way of membership
(v) who has been nominated by two existing members of the council
(vi) who has fulfilled a minimum period of involvement in the council of at least one year's duration that shall include attendance at three general meetings, excluding the initial meeting at which nomination takes place and the final meeting at which ratification takes place, in which time he or she shall have demonstrated a commitment to cooperation and participation in consensus decision making.
(b) The council may decline to accept the application of any person on the basis of the qualifications specified herein.
(a) A person, having applied and been nominated for membership of the council, shall be a nominal member for a minimum period of one year and a maximum period of two years. He or she shall cease to be a nominal member at any time during this period if and when he or she qualifies for membership, is ratified as a member by a decision of the council and is thereby awarded membership rights.
(b) Nominal members shall participate in meetings of the council but shall not be entitled to exercise the decision making rights of members.
(c) A nominal member who does not qualify for membership in the allotted time, or by his or her own choosing, may instead become an associate of the council.
(a) An associate of the council shall be a person or a body corporate who does not qualify to be, or to continue to be, a member of the council, but who supports the objects of the council and wishes to maintain a relationship to the council.
(b) An associate shall pay an annual supporters fee, the amount to be determined by the council from time to time, and shall receive communications on a regular basis.
(c) Associates of the council may be:
(i) an individual
(ii) a body corporate
(iii) a member who has ceased to be an active member according to the provisions of Article 8 Active Membership.
(d) Associates may participate in meetings of the council but shall not be entitled to exercise the decision making rights of members.
(e) An associate that is a body corporate may participate in meetings of the council through one recognised participant and any number of observers.
7. Procedures For Ratification Of Members
(a) Members shall be ratified by a unanimous decision of a council meeting subject to the qualifications for membership contained herein.
(b) Unanimous decisions for ratification of members are to be arrived at using the procedure set out in Article 11 Consensus Decisions and Voting. The decision shall be taken by the members of the Council present and entitled to vote and without the nominee or other nominal members present.
(c) A person shall attend the meeting at which they are to be ratified as a member and shall be given the opportunity to speak in her or his own favour prior to a decision being reached. If a nominee is unable to attend then her or his membership will be ratified at the next meeting at which he or she is in attendance.
(d) Motions on ratification shall be dealt with routinely as the last item of business of an ordinary meeting. At this time the members right to express reservations or objections shall be facilitated.
(e) A notice informing of a proposed ratification shall be sent with minutes two weeks prior to the meeting at which ratification is to be moved.
(f) A standard form allowing for objection to a proposed ratification shall be included with each notice. If a member formally raising an objection cannot reasonably attend the meeting proposed for dealing with a ratification, the matter shall be deferred, but only to the next meeting.
(g) After following all due process and save that membership shall be available without artificial restriction or arbitrary discrimination, members shall decide the matter and may, at their discretion, refuse any application for membership and need assign no reasons for such refusal.
(h) A nominee shall be advised of the decision of the Council.
(a) A member of the council shall be active in relation to the objects of the council to establish active membership, in the manner and to the extent that shall be agreed at each annual meeting.
(b) Active membership of the council may be established by time spent in relation to the objects of the council and may include but is not limited to:
(i) attendance at a minimum number of council forums a year
(ii) participation in a committee or working group
(iii) involvement in the council's community development and cooperative advancement activities
(iv) work on council research and development projects
(v) special projects as agreed by the council from time to time.
(c) The council may resolve to cancel the membership of a person if:
(i) his or her whereabouts are not presently known to the council and have not been known to the council for a continuous period of at least 1 year before that time; or
(ii) he or she is not presently an active member of the council and has not been an active member of the council at any time during the past 1 year immediately before that time.
(d) A member may, with the knowledge of the council, cease to be active for a specified period of time. He or she may resume participation with full membership rights, provided that he or she has maintained an association with the council, according to Article 6b Associates Of The Council, during the period in which he or she has been inactive.
(e) No person who has had his or her membership cancelled under this rule shall be re-admitted except by special resolution of a general meeting.
A member may be expelled from the council at a general meeting by a resolution passed according to Article 11 Consensus Decisions and Voting to the effect :-
(i) that he or she has failed to discharge his or her obligation to the council, whether prescribed by the constitution or arising out of any contract or agreement;
(ii) that he or she conducts his- or herself in a manner considered to be prejudicial or detrimental to the character or interests of the council.
In either case due process shall be observed: written notice of the proposed resolution shall be forwarded to the member fourteen days before the date of the meeting at which the resolution is to be moved, and he or she shall be given an opportunity of being heard at the meeting. The member is entitled to make an appeal against a decision resulting in expulsion with a conflict resolution committee of the council established for the purpose. The committee shall be formed and shall handle the matter according to Article 18. "Disputes and Conflict Resolution" contained herein. If the matter cannot be settled amicably a special general meeting shall be called for the purpose. The decision of the special general meeting will be final. No expelled member shall be re-admitted except by special resolution.
10. Proceedings Of The Council
(a) The council may meet together for any purposes in connection with carrying out its objects, adjourn, and otherwise regulate their meetings as they see fit.
(b) A meeting of the council, which is open to the presence and participation of all members, shall be held at least once every two calendar months, one of which shall be designated an annual meeting and shall coincide for practical purposes with the passage of each year marked from the date of formation.
(c) Business at any meeting of the council shall be dealt with in the manner here provided:
(i) The council shall elect a facilitator of their meetings and determine the powers of the facilitator
(ii) All agenda items shall be presented in the form of a proposal for discussion, wherever possible to have been posted with the notice of meetings
(iii) An item of business shall be placed on the agenda of a meeting and the method and allotted time for dealing with the item shall be agreed upon
(iv) Sufficient time shall be given in debate, with full and open discussion of different views where practical, to allow amendments to be formulated and a consensus of opinion to emerge
(v) Where there is general agreement on an original or an amended proposal a mover and seconder from amongst the members shall be sought by the facilitator.
(d) The council shall adopt meeting procedures :-
(i) that give the mover of a proposition sufficient time to address the matter for resolution
(ii) that give subsequent speakers equal opportunity to express views on and to question the proposition
(iii) that guarantee the right of speakers to be heard
(iv) that set and extend in a particular instance the time permitted for discussion
(v) that ensure that the matter at hand is addressed through open and rational deliberation and that matters are resolved
(vi) that facilitate consensus amongst the members of the council.
(e) Any proposal thus arising at any meeting shall be decided after reasonable consideration by a motion passed according to the process contained in Article 11. Consensus Decisions and Voting
11. Consensus Decisions and Voting
(a) At any general meeting a resolution put to the decision of the meeting shall be decided on a show of hands unless a poll is (before or on declaration of the result of the show of hands) demanded by at least two members, and, unless a poll is demanded, a declaration by the facilitator that a resolution has, on a show of hands, been carried or carried unanimously, or by a particular majority, or lost, and an entry to that effect in the records of the proceedings of the council shall be evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
(b) On a show of hands or on a poll every member present in person at any meeting shall have one vote of equal value.
(c) At any general meeting a resolution shall be carried only if carried by the members present at the meeting:
(i) unanimously; or
(ii) where after following the process set out in Article 10. Proceedings of the Council, the members cannot reach unanimity and disagreement persists the question will be resolved by vote. A procedural question will be put to abandon the unanimity principle on that particular question and will be deemed to have been carried if decided by a two-thirds majority of the members present and voting. In the case that the unanimity principle is not abandoned the motion shall be considered lost. In the case that the unanimity principle is abandoned the proposal shall then be carried -
(a) in the case of a special resolution - by a majority of not less than three-fourths of members present and voting; or
(b) in the case of any other resolution - by simple majority of the members present and voting. In the case of an equality of votes the motion shall be considered lost.
(a) If a poll is duly demanded it shall be taken in a manner which the facilitator directs and unless the meeting is adjourned the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.
(b) A poll demanded on the ratification of membership, or on the election of a facilitator, or on a question of adjournment, shall be taken forthwith.
12. Committees and Working Groups
(a) The council may delegate any of their powers to committees or working groups consisting of such members and associates of the council as they think fit, provided that the number of committee members is not less than three and that a majority of members of the committee, except in the case of a conflict resolution committee which may be formed without such a majority, are full members of the council.
(b) Any committee or working group so formed shall act only in accordance with powers so delegated, or the conditions or stipulations determined by the council.
(c) A committee or working group shall elect a facilitator of their meetings and determine the powers of the facilitator.
(d) A committee or working group may meet and adjourn as they think proper. Questions arising at any meeting shall be resolved by a motion passed unanimously.
(e) Where the members of the committee or working group cannot reach unanimity and disagreement persists the question shall be referred to a general meeting of the council.
13. Convening of, Adjourning of and Participation at Meetings
(a) Except in special circumstances determined by any ten members two weeks notice shall be given of all meetings of the council. Notice shall be sent as provided for in Article 15 Notices.
(b) The quorum for any general meeting shall be , for less than 30 members - one third of the number of members, for between 30 and 60 members - 15, for between 60 and 150 members - 30, and for more than 150 members - 50. In the absence of a quorum those present may still meet but may only act as a recommendation or advisory forum to the next meeting with a quorum.
(c) All general meetings of the council are open to nominal members and non-member associates unless otherwise specified.
(d) Only members may move, second and carry resolutions into effect or vote on decisions in the name and for the purposes of the council.
(e) The council may adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
(f) When a meeting is adjourned for fourteen days or more notice of the adjourned meeting shall be given as in the case of the original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at any adjourned meeting.
(a) The council shall cause minutes of meetings to be made as an accurate record of council meetings, and in particular:-
(i) of all appointments of people to committees and working groups of the council;
(ii) of the names of the members and others present at each meeting of the council and of committees and working groups of the council;
(iii) of all resolutions and proceedings at all meetings of the council and of committees and working groups of the council.
(b) Such minutes shall be recorded by the secretaries within one month of the date of the meeting the proceedings of which they record. Freedom of information shall apply whereby:-
(i) a copy of minutes of any meeting shall be available to members of the council;
(ii) records pertaining to confidential information or the privacy of individuals shall not be available for disclosure only if so requested by the Council or the member at the time of recording.
(c) The confirmations of such minutes shall be taken as the first business at the next succeeding meeting of the council, committee or working group as the case may be.
(a) A notice may be given by the council to any member either personally or by sending it by post to the address supplied by him or her to the council for the giving of notices.
(b) Notice of every general meeting shall be given in some manner to every member of the council except those members who have not supplied to the council an address for the giving of notices.
(c) Not less than fourteen days' notice in respect of a council meeting, specifying the place, the day and the hour of meeting and, in case of special business, the general nature of that business, shall be given to persons entitled to receive notices of meetings.
(d) The non-receipt of the notice by any such person shall not invalidate the proceedings at such council meetings.
(e) In any case of emergency a secretary of the council may at any time call a special meeting upon giving less than fourteen days' notice.
(f) For the purpose of this article "address" means the address of the member as appearing in the register of members kept by the secretariat.
16. Secretariat and Custody Of Books And Documents
(a) The council shall maintain a secretariat.
(b) The functions of the secretariat are the responsibility of a general secretary elected to the office by a general meeting of the council.
(c) The general secretary shall maintain the public officer functions of the council including treasury matters.
(d) The secretariat shall produce and distribute all records of meetings and other papers and documentation relevant to the business of the council.
(e) All books of accounts, documents and papers of the council shall be kept by the secretariat, in such manner and with such provision for their security as the council shall direct.
(a) The term of office for the general secretary shall be two years.
(b) A secretary must be a member of the council.
(c) The council may appoint any other secretary, or facilitator, or coordinator, for any purpose, and for any term, as they see fit.
(d) A secretary retiring at the expiration of his or her appointment may stand for renomination.
18. Disputes and Conflict Resolution
(a) Where there is any dispute as to the construction or effect of, but not limited to, agreements, actions, policies, rules and processes of the council, or with or between any members of the council then a procedure of conciliation for resolution of the dispute shall be undertaken.
(b) A dispute is to be mediated by a conflict resolution committee of the council in accordance with council policy on conflict resolution, if any.
(c) The committee shall be appointed by the council in accordance with Article 12 Committees and Working Groups.
(d) The members of the committee may be other than current members of the council.
(e) The committee shall have the power to determine the procedures necessary for conflict resolution in each case and to convene a council meeting in relation to unresolved disputes.
(f) The committee will make every attempt to settle the dispute amicably.
(g) If any dispute between any members or any groups of members, or between the council and any of its members, or any person claiming by or through any member, arises which cannot be amicably settled, a special general meeting shall be called. A decision reached by the principles set out in Article 11 Consensus Decisions and Voting shall be final and may not be appealed against.
(h) Nothing in this article shall be taken to provide protection from any action arising out of any legal contract (whether written or verbal), or arising under civil, administrative or criminal law.
(a) Changes may be made to this constitution by special resolution of the members eligible and entitled to vote at a general meeting of the council.
(b) Notice of proposed changes must be given at least one month in advance.
(c) For the purposes of this article "Changes" includes amendments, additions, schedules and deletions to this constitution.
20. Winding Up as a Voluntary Action or by Default
(a) The council may be wound up voluntarily by a decision of a general meeting set for the purpose.
(b) The council shall be wound up where the number of full and nominal members for a period of one year is less than twelve.
(c) Any surplus arising from the winding up of the council shall be distributed to such group or groups, bearing the same or similar objects to the council as may be decided by the members of the council.
END
CCC Constitution - Historical Note
The Cooperative Community Council was founded on April 1, 1990 by unanimous resolution passed by an Inaugural General Meeting held at the 1990 Cooperative Education Weekend, Suncoast Camp, Mudjimba, Maroochy, Australia, under articles and minutes of association.
The constitution of the Cooperative Community Council was passed by unanimous resolution of the 4th CCC Annual Meeting, on June 25th 1994, at the Ningi Community Hall, Bribie Island Rd, Ningi, Australia.
The constitution was amended a first time by unanimous resolution passed by the 5th CCC Annual Meeting, on June 3rd, 1995, at Lot 2 Sharocks Rd, Wamuran, Australia.
The constitution was amended a second time by unanimous resolution passed by the 6th CCC Annual Meeting, on June 1st 1996, at the Paddington Workers Club, 2 Given Tce, Paddington, Brisbane, Australia.
Index of matters contained in the
Constitution of the Cooperative Community Council
1. Name
2. Place Of Business
3. Objects
4. Powers
4a. Corporate Standing
5. Council Funds
6. Qualification For Membership
6a. Nominal Members
6b. Associates Of The Council
7. Procedures For Ratification Of Members
8. Active Membership
9. Expulsion Of Members
10. Proceedings Of The Council
11. Consensus Decisions and Voting
11a. Poll
12. Committees and Working Groups
13. Convening of, Adjourning of and Participation at Meetings
14. Minutes of Meetings
15. Notices
16. Secretariat and Custody Of Books And Documents
17. Office of a Secretary
18. Disputes and Conflict Resolution
19. Constitutional Changes
20. Winding Up as a Voluntary Action or by Default
