Constitution
1.0 NAME
The name of the Incorporated Association is Volunteer Fire Brigades Victoria (in these Rules called the "VFBV”).
2.0 DEFINITIONS
2.1 In these Rules, unless the contrary intention appears -
- "Act” means the Associations Incorporation Act 1981;
- "Annual General Meeting” means the VFBV's Annual Meeting of Members convened in accordance with Clause 6.1;
- "board” means the Board of Volunteer Fire Brigades Victoria elected in accordance with Clause 4.2;
- "board member” means a representative of the VUFBA or VRFBA appointed to the VFBV Board in accordance with Clause 4.4;
- "by-laws” mean the by-laws made by the Board under Clause 14.0;
- "CEO” means Chief Executive Officer of VFBV in accordance with Clause 11.0;
- "CFA” means Country Fire Authority;
- "member” means a member of VFBV who can be a Regional Council or an association of volunteers as defined in the Country Fire Authority Act 1958;
- "financial year” means the year ending June 30;
- "general meeting” means a general meeting of Board Members convened by the Chairman of VFBV in accordance with Clause 4.12;
- "Public Officer” means an employee of the VFBV nominated by the Board to undertake functions nominated in these Rules of Association or other functions designated by the Board in accordance with Clause 16.0
- "Regional Council” means a Regional Council as defined in the Rules of the VUFBA or VRFBA,
- "regulation” means regulations under the Act;
- "relevant documents” has the same meaning as in the Act;
- "Rural Association” or "VRFBA” means the Victorian Rural Fire Brigades' Association established under the Country Fire Authority Act 1958;
- "special general meeting” means a meeting of Board Members convened in accordance with Clause 7.1;
- "Urban Association” or "VUFBA” means the Victorian Urban Fire Brigades' Association established under the Country Fire Authority Act 1958;
- "VFBV” means Volunteer Fire Brigades Victoria.
- Words or expressions contained in these Rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958, and the Act as in force from time to time.
3.0 MEMBERSHIP
3.1 Membership Eligibility
Membership of VFBV shall be open to
(i) the Urban Association
(ii) the Rural Association
(iii) Regional Councils of the VUFBA
(iv) Regional Councils of the VRFBA
3.2 Membership Categories
VFBV has the following categories of membership:
(i) Associations
(ii) Regional Councils.
3.3 Membership Fees
An annual membership fee may be applied at the discretion of the Board according to the category of membership. The annual membership fee shall become due and payable in advance on the issuing of notices. Appendix 2 sets out the application and annual membership fees which will be reviewed from time to time by the VFBV Board.
3.4 Membership Applications
(i) Applications for membership must
(a) be made in writing in the form set out in Appendix 1,
(b) be lodged with the Public Officer of VFBV
(ii) As soon as practicable after the receipt of an application, the Public Officer must refer the application to the Board which must determine whether to approve or reject the application.
(iii) If the Board approves an application for membership, the Public Officer must as soon as practicable
(a) notify the applicant in writing of the approval for membership and
(b) request payment according to the Appendix 2 within 28 days after receipt of notification.
(iv) Within 28 days of receiving the amounts referred to in Appendix 2, the Public Officer must enter the applicant's name on the register of members.
(v) If the Board rejects an Association or Body corporate application, the Public Officer must as soon as practicable notify the applicant in writing that the application has been rejected.
3.5 Source of Funds
The funds of VFBV shall be derived from funding appropriations from CFA, other government grants, sponsorship, benevolent grants, fundraising activities, membership fees and such other sources as the Board determines.
3.6 Service of Notices
The Public Officer shall forward membership notices as early as practicable to the commencement of each financial year to each registered member and any other members approved by the Board.
The Public Officer shall keep and maintain a register of members according to category of membership in which shall be entered the member's name, nominated contact person, address, contact details including e-mail address and date of joining of each member, and the register shall be open for inspection free of charge by members at the address of the Public Officer. A member may make a copy of the entries in the register but will not use the details in a way that is contrary to the VFBV Privacy Policy or privacy legislation.
3.8 Cessation of Membership
(i) A member of VFBV being more than one year in arrears shall cease to be a member, but providing arrears do not exceed three years may be re-admitted on payment of a fee to be determined by the Board.
(ii) A member of VFBV being over three years in arrears may be re-admitted on a majority vote at a meeting of the Board on payment of a fee determined by the Board.
(iii) A member of VFBV who has paid all moneys due and payable by a member to VFBV may resign from VFBV by giving one months notice in writing to the Public Officer of an intention to resign.
(iv) After the expiry of the period referred to in 3.8 (iii), the member ceases to be a member and the Public Officer must record in the register of members the date on which the member ceased to be a member.
3.9 Discipline, suspension and expulsion of members
(i) Subject to these Rules, if the Board is of the opinion that a member has
(a) refused or neglected to comply with these Rules
(b) been guilty of conduct unbecoming a member or prejudicial to the interests of VFBV
(c) acted contrary to or in disregard of the VFBV Rules or Statement of Purposes
the Board may
(d) fine the member an amount not exceeding $500; or
(e) suspend the member from membership of VFBV for a specified period; or
(f) expel that member from VFBV.
(ii) A resolution of the Board under 3.9 (1) does not take effect unless
(a) the Board confirms the resolution by three quarters of the Board Members present at a general meetings, and
(b) the member receives not less than 30 days notice in writing from the Public Officer of the proposal for discipline, suspension or expulsion, and
(c) the member has had the opportunity to appear before the Board to render personal explanation or have delivered to the Board an explanation in writing.
3.10 Awards
The Board may determine an appropriate system of awards to recognise achievement and service to VFBV.
4.0 BOARD
4.1 Management
The management of VFBV shall be vested in the Board.
4.2 How Constituted
The Board shall consist of three representatives appointed by the Urban Association Governing Body and three representatives appointed by the Rural Association State Council plus the President of the Urban Association and the President of the Rural Association.
4.3 Eligibility to Hold Office as Board Member
To be eligible to become a Board Member of VFBV, appointees must be a volunteer senior member of a CFA volunteer fire brigade affiliated with either the Urban Association or Rural Association.
4.4 Selection of Board Members
(i) Inaugural Board
(a) Three VFBV Board Members will be appointed by the Rural Association.
(b) Three VFBV Board Members will be appointed by the Urban Association.
(c ) The President of the Urban Association and the President of the Rural Association will be Board Members.
(ii) Subsequent Boards:
In subsequent years:
(a) One VFBV Board Member will be appointed by the Rural Association following an advertising and selection process involving affiliated Rural Brigades to replace the rural delegate whose term of office has expired.
(b) One VFBV Board Member will be appointed by the Urban Association following an advertising and selection process involving affiliated Urban Brigades to replace the urban delegate whose term of office has expired.
(c ) The President of the Urban Association and the President of the Rural Association will be VFBV Board Members.
4.5 Duration of Board Members' Term of Office
(i) The President of the Urban Association and the President of the Rural Association will be VFBV Board Members while they hold the office of President of their respective Association. When their terms of office as President expire, they will also retire as VFBV Board Members.
(ii) For the inaugural Board, the Urban Association and Rural Association will each appoint one representative initially for one year, one representative initially for two years, and one representative initially for three years.
(iii) After the inaugural Board is established, the Urban Association and Rural Association will each appoint one representative each year for a three year term to fill vacancies as they arise.
(iv) Board members who have been appointed by their Association shall take office as from the first day of October of that year and shall retire from office after three years but shall be eligible for re-election.
(v) Retiring Board Members may apply for re-appointment to the Board.
4.6 Conflicts of Interest
(i) Board Members will declare any conflicts of interest as soon as they become known to the Board Member. Each Board Member is required to annually declare other interests on an annual basis in writing. A register will be maintained by the Public Officer for this purpose and it will record all other interests and potential conflicts of interest.
(ii) Questions concerning conflict of interest will be determined by the VFBV Chairman or in the case of the VFBV Chairman by the Deputy Chairman. A conflict of interest does not preclude a member from taking office. Board Members who have conflicts of interest as determined by the VFBV Chairman or Deputy Chairman will abstain from voting on affected issues.
Note: Under Rule 14/1, the VFBV Board at its 14 October 2002 meeting created a by-law that conflict of interest provisions in Rule 4.6 should also apply to VFBV employees.
4.7 Board Vacancy
For the purposes of these Rules, the office of an officer of the VFBV or of a Board Member becomes vacant if the officer or Board Member:-
(i) becomes an insolvent under administration within the meaning of the Companies (Victoria) Code; or
(ii) resigns from office by notice in writing given to the Public Officer; or
(iii) ceases to be the appointed representative for the Urban Association or Rural Association after due process.
4.8 Casual Vacancies
Casual vacancies on the Board will be resolved at the discretion of the President of the respective member organisation either by appointing a replacement delegate for the unexpired period of office or by calling for nominations to fill the casual vacancy.
4.9 Removal of Board Members
A Board Member may be removed from office by a resolution of the Board at a general meeting or special meeting. Due notice of the motion is required and the resolution must be passed by three quarters of the members as are present at the meeting.
4.10 Powers and Duties of VFBV Board
The Board:
(i) shall have sole management of all affairs referred to VFBV by its members and carry into effect the objects and resolutions carried at Board meetings;
(ii) shall have sole management of the income, funds and expenditure of the VFBV, rendering an audited account to the Annual General Meeting each year and circulating to all financial members and the Registrar of Associations in accordance with the Act;
(iii) shall as called on by members interpret these rules and the by-laws and orders made thereunder;
(iv) may, subject to these Rules, exercise all powers and functions as may be exercised by the VFBV other than those powers and functions that are required by these Rules to be exercised by special general meetings of members of the VFBV;
(v) subject to these Rules has power to perform all such acts and things as appear to the Board to be essential for the proper management of the business and affairs of the VFBV;
(vi) may appoint VFBV Officers to fill any vacancy during that period of office.
4.11 Decisions on Matters Referred to VFBV are Binding
The Urban Association Governing Body and Rural Association State Council will formally refer issues to VFBV and issues will be managed according to the following principles:
(i) Key issues are identified by the Urban Association and Rural Association and the VFBV CEO
(ii) Issues are managed between VFBV CEO, Urban Association Secretary and Rural Association Executive Officer.
(iii) Urban Association Governing Body and Rural Association State Council must support referral to VFBV, otherwise the issue remains with the Associations.
(iv) Once an issue is referred to VFBV decisions are binding on the Urban Association and the Rural Association.
4.12 General Meetings of Board Members
(i) The VFBV Chairman will call general meetings of board members on at least a two monthly basis (with the exception of January each year) and may schedule other meetings at such times or places as the Chairman thinks fit.
(ii) Meetings will be held in Melbourne and country locations. Board members may attend general meetings by electronic means where available (e.g., telephone meetings or video conference).
(iii) Written notice of each meeting of the Board, including notice of motions where appropriate, shall be served by the CEO on each Board Member by delivering to the Board Member at least one week before the meeting or by sending it in electronic form to Board Members' nominated e-mail address or by facsimile transfer to Board Members' nominated fax number or by pre-paid post addressed to the Board Member's usual or last known place of abode at least one week before the date of the meeting.
(iv) At all meetings of the VFBV five (5) Board members shall be a quorum. No item of business may be conducted at a general meeting unless a quorum is present.
(v) All votes will be given personally and voting by proxy is not permitted.
(vi) Decisions shall be by majority vote of Board Members.
(vii) The VFBV Chairman shall have a deliberative vote and in the case of an equality of votes shall have a casting vote.
(viii) Invitation of non-board members at VFBV Board Meetings will be at the discretion of the Board.
(ix) Subject to sub-clause (iv) the VFBV Board may act notwithstanding any vacancy of an elected Board Member.
4.13 Penalty of Absence from Meetings
Any Board Member failing to attend three (3) consecutive meetings without leave of absence from the Board shall cease to be a Board Member and shall be deemed to have been removed from office. The VUFBA and VRFBA may appoint a deputy representative to attend meetings of the Board in the absence of their representative.
4.14 Officers of the VFBV
The officers of the VFBV shall be:-
(i) a Chairman;
(ii) a Deputy Chairman;
(iii) a CEO;
(iv) a Treasurer, and
(vi) such other office bearers as the Board may determine from time to time.
4.15 Election of Chairman and Deputy Chairman
At the Annual Meeting of the VFBV Board in each year, the Board Members shall elect the Chairman and a Deputy Chairman, and if necessary a Treasurer, for a one year period of office. The elections, if contested, shall be by secret ballot, using the "first past the post” system.
The Chairman and Deputy Chairman positions will be shared between Urban Association and Rural Association delegates. If an Urban Association delegate is elected Chairman, then the position of Deputy Chairman will only be available to a Rural Association delegate and if a Rural Association delegate is elected Chairman, then the position of Deputy Chairman will only be available to an Urban Association delegate.
4.16 Powers and Duties of Chairman and Deputy Chairman
The Chairman, or in the Chairman's absence the Deputy Chairman, shall have power to call meetings of the VFBV Board at any time. The Chairman shall preside at meetings of the VFBV and carry out all the decisions of the Board in accordance with these Rules of Association.
At all General Meetings the VFBV Chairman, or if absent, the Deputy Chairman, shall occupy the chair and should neither be present the members present shall elect a Chairman.
4.17 Duties of Treasurer
The Treasurer shall, at every Annual General Meeting, or at any other time if so required by the Board, render a duly audited statement showing all monies received into and expended from the funds of the VFBV and of its assets and liabilities at the date of such statement.
4.18 Voting for Election of Office Bearers
Each Board Member present at the Annual General Meeting shall, if a ballot be required, vote on the election of the VFBV's office bearers.
4.19 Minutes
The proceedings of the VFBV Board shall be recorded by the Public Officer and both printed and electronic copies will be stored in an appropriate place.
4.20 Communication
The VFBV will communicate with the members of both the Urban and Rural Association through the Secretary of the Urban Association and through the Executive Officer of the Rural Association concerning progress on matters referred to the VFBV.
5.0 COMMITTEES
5.1 VFBV Committees
The VFBV Board:-
(i) may form VFBV Committees to advise on any matter or class of matters;
(ii) may appoint a Board Member as Chairman of each VFBV Committee;
(iii) may appoint the CEO as a member of each VFBV Committee;
(iv) may nominate to these VFBV Committees a number of volunteer delegates as may be required drawn from Urban Association and Rural Association affiliated brigades;
(v) may co-opt persons to VFBV Committees in ex-officio capacity;
(vi) will formulate each VFBV Committee's terms of reference including the point at which a VFBV Committee's work is concluded and when the VFBV Committee should be dissolved.
5.2 Casual Vacancy
If a casual vacancy arises in a VFBV Committee the VFBV Chairman or Deputy Chairman in office at that time will nominate a suitable person to fill that vacancy.
5.3 Chairman of VFBV Committee
The VFBV Chairman and Deputy Chairman will appoint a Board Member to be the Chairman of a VFBV Committee. In the absence of the Board Member, the meeting shall elect a Chairman from the committee members present.
5.4 Meetings
VFBV Committees will meet at such times and places as each Committee Chairman determines.=
5.5 Quorum
A quorum at a meeting of any VFBV Committee shall be one half of those entitled to attend unless otherwise determined by the Board. No item of business may be conducted unless a quorum is present. Subject to this Clause the members of the VFBV Committee may act notwithstanding any vacancy of the Committee.
5.6 Minutes
The Chairman of each VFBV Committee will keep or cause to be kept minutes of each meeting.
5.7 Functions of VFBV Committees
The functions of the VFBV Committee shall be:-
(i) To formulate views concerning the matter or class of matters in the VFBV Committee's terms of reference and report these to the Board.
(ii) To make policy recommendations to the Board on the matter or class of matters in the VFBV Committee's terms of reference.
(iii) To oversee the implementation of VFBV policy by VFBV staff and any such matters as the Board may delegate.
(iv) To undertake any other matters that the Board may delegate.
6.0 ANNUAL GENERAL MEETING OF MEMBERS
6.1 Convened by the VFBV
The VFBV in each calendar year shall convene an Annual General Meeting of Members to be held on a date to be determined before 30 October each year.
At least three weeks notice of such meeting shall be given by the CEO to the members of the VFBV and an Agenda shall be forwarded one week prior to the meeting, to all Members.
6.2 Business
The ordinary business of the Annual General Meeting shall be:-
(i) To confirm the minutes of the preceding Annual General Meeting.
(ii) To receive and consider a written report from the VFBV Chairman reviewing the activities of the Association during the preceding financial year.
(iii) To receive and consider the audited statement of receipts and expenditure, and a balance sheet certified by an independent auditor. The statement shall be in accordance with section 30(3) of the Act as a prescribed Association.
(iv) To welcome new Board Members selected by their respective Associations and to recognise the contribution of retiring Board Members.
(v) To elect office bearers for the ensuing year.
(vi) To appoint the Association auditors.
(vii) To consider reports and any recommendations from the Board's VFBV Committees.
(viii) To transact any other business brought forward on written notice received by the VFBV CEO not less than two weeks before the Annual General Meeting date.
6.3 Quorum
Five (5) members personally present shall constitute a quorum for the transaction of the business of an Annual General Meeting.
7.0 SPECIAL GENERAL MEETINGS OF THE BOARD
7.1 Convening of Special General Meetings
All meetings of the VFBV, not being the Annual General Meeting of all members or General Meetings of the Board shall be called Special General Meetings of the Board. A Special General Meeting of the VFBV shall be convened as follows:-
(i) The Chairman may call a special general meeting of the Board at any time.
(ii) Upon sufficient cause, the Board Members may be summoned by the CEO on seven (7) days notice to attend a meeting at the direction of the Chairman, the object of the meeting to be included in the notice calling same.
(iii) The Chairman or CEO shall call a meeting at any time when requested by at least five (5) members of the Board.
7.2 Chairman of Special General Meetings
At all Special General Meetings the VFBV Chairman, or if absent, the Deputy Chairman, shall occupy the chair and should neither be present the members present shall elect a Chairman.
7.3 Quorum
At Special General Meetings called for Board Members to attend, five (5) Members must be in attendance, otherwise the meeting shall stand dissolved. Board Members may be physically present at a special meeting or by real time telephone or video link.
No item of business shall be transacted at any VFBV meeting unless a quorum of members entitled under these Rules is present during the time when the meeting is considering that item.
7.4 Lack of a Quorum
If within half an hour after the appointed time for the commencement of a special general meeting, the required number of Board Members are not present, the meeting shall be dissolved and stand adjourned to the same day in the next week at the same place (unless another place is specified by the Chairman at the time of the adjournment) and if at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being less than 5) shall form a quorum.
7.5 Adjournment of Meeting
The Chairman of a VFBV meeting at which a quorum is present may, with the consent of the meeting:-
(i) adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place;
(ii) where a meeting is adjourned for 14 days or more, a notice of the adjourned meeting shall be dispatched to those members required to attend;
(iii) except as provided in sub-clauses (i) and (ii) above, it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
8.0 VOTING AT MEETINGS
8.1 Questions How Determined
A question arising at any meeting of the VFBV shall be determined on a show of hands or call of voices and unless before or on a declaration of a show of hands or call of voices a poll is demanded, a declaration by the Chairman that a resolution has, on a show of hands or call of voices, been carried or carried unanimously or carried by a particular majority or lost, and an entry to that effect in the minutes of the VFBV is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
8.2 Votes
Upon any question arising at any meeting of the VFBV:-
(i) a delegate member has one vote only;
(ii) all votes shall be given personally and voting by proxy is not permitted;
(iii) in the case of an equality of voting on a question, the Chairman of the meeting shall have a deliberative vote and in the case of an equality of votes shall have a casting vote.
8.3 Demanding a Poll
If at a meeting a poll on any question is demanded by not less than three members, it shall be taken at that meeting in such manner as the Chairman may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
A poll that is demanded on the election of the Chairman or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairman may direct.
9.0 SECRET BALLOTS
9.1 Procedure
Whenever pursuant to these Rules a meeting is to be held and an election which, if contested, is to be determined by secret ballot, the Chairman will appoint the CEO as returning officer and scrutineer.
10.0 RULES OF DEBATE
10.1 Rules of Debate to be Observed
The ordinary rules of debate (Magner, 2001 ) shall be observed at all meetings of the VFBV.
11.0 SECRETARIAT
11.1 Appointment of Employees
The VFBV Board may at its discretion appoint or remove a Chief Executive Officer (CEO) and approve such other staff and assistants as are required.
The Board shall fix the salary for the CEO who shall carry out such duties as the VFBV Board may from time to time determine. The functions of a Treasurer shall be carried out by the CEO if so directed.
With the approval of the Board, the CEO will be responsible for appointing and managing all other paid employees or contractors and fixing their remuneration.
11.2 Duties of CEO
In addition to the duties outlined in the job description, the CEO shall attend all meetings of the VFBV, shall cause to be kept all minutes of meetings and the books of account of the VFBV, and shall conduct all correspondence and generally carry out the instructions and directions of the VFBV Chairman and Board.
11.3 Custody of Books
The CEO shall keep in custody and under control, all books, documents and securities of the VFBV.
11.4 CEO May Not Vote
The CEO or any other employees of the VFBV may speak at any meetings of the VFBV but may not vote on any matter before the meeting.
11.5 Acting CEO
During absence from duty of the CEO the Board may from time to time appoint an acting CEO.
12.0 FUNDS
12.1 Banking Account - Expenditure of Funds
The CEO shall be responsible together with the Treasurer for the efficient management of VFBV Funds at the direction of the Board, and:-
(i) Shall account for all monies received by the VFBV and make all payments authorised by the Board.
(ii) Shall keep proper books of account for a period of seven (7) years..
The funds of the VFBV shall be paid into a bank account approved of by the Board. Cheques to be signed by a Member of the Board and counter signed by the CEO or in the CEO's absence by a person approved by the Board.
The Board may invest for the benefit of the VFBV any surplus monies which may accrue but no member of the Board shall be responsible for any loss that may arise from such investment unless such loss be caused by wilful neglect or default.
12.2 Control of Funds
All membership fees and other monies paid to the VFBV shall be at the disposal and control of the Board.
12.3 Members Not to Participate
No portion of the income monies or funds of the Association shall be paid or transferred directly or indirectly to any member or members of the VFBV, but this shall not prevent the payment in good faith of reimbursement of expenses to any Board Member or Member of the VFBV.
12.4 Inspection of Books
The accounts and books referred to in sub-clause 13.1 shall be available for inspection by members by appointment at the VFBV offices.
13.0 ACCOUNTS AND AUDIT
13.1 Financial Year
The Financial Year of the VFBV shall terminate on the 30th day of June in each year.
13.2 Audit
A yearly audit of the accounts of the VFBV shall be made by an independent auditor who shall be a Certified Practising Accountant or a Member of the Institute of Chartered Accountants of Australia and shall be elected each year at the Annual General Meeting.
13.3 Auditor's Duties
The auditor shall examine all books, vouchers, documents and securities of the VFBV and shall make a report thereon which shall be submitted together with the statement of receipts and expenditure and balance sheet to the Annual General Meeting by the CEO or appointed Treasurer.
14.0 BY-LAWS AND ORDERS
14.1 Making of By-Laws and Orders
The Board may from time to time make, repeal and amend by-laws and issue orders consistent with existing Rules as may appear to them to be conducive to the good management and effective working of the VFBV.
All by-laws and orders shall be passed by a minimum of three quarters of the Board.
14.2 By-Laws and Orders Binding
All By-Laws and orders shall be binding on all members and officers of the VFBV.
15.0 ALTERATION OF RULES / STATEMENT OF PURPOSES
15.1 Procedure
Neither the Rules, nor the Statement of Purposes of VFBV shall be altered or added to except by resolution at any Special General Meeting, or Annual General Meeting or General Meeting of the Board provided that no such resolution shall be passed unless it be carried by three quarters of the members present.
At least fourteen (14) days written notice of any meeting called to alter or amend these Rules or Statement of Purposes shall be given to all members.
16.0 PUBLIC OFFICER
16.1 Appointment of Chief Executive Officer
The CEO of the VFBV shall be appointed the Public Officer of the VFBV.
17.0 COMMON SEAL
17.1 Custody
The Common Seal of the VFBV shall be kept in the custody of the CEO.
17.2 Affixing of Common Seal
The Common Seal shall not be affixed to any instrument except by the authority of the Board and the affixing of the Common Seal shall be attested by the signatures of two members of the Board and the Public Officer of the VFBV.
18.0 DISPUTE AND MEDIATION
(i) The grievance procedure set out in this rule applies to the disputes under these Rules between:
(a) a member and another member; or
(b) a member and VFBV
(ii) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
(iii) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
(iv) The mediator must be
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement
(i) in the case of a dispute between a member and another member, a person appointed by the VFBV Chairman; or
(ii) in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice)
(v) A member of VFBV or a CFA volunteer can be a mediator.
(vi) The mediator cannot be a member who is a party to the dispute.
(vii) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
(viii) The mediator, in conducting the mediation, must
(a) give the parties to the mediation process every opportunity to be heard; and
(b) allow due consideration by all parties of any written statement submitted by a party; and
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process
.(ix) The mediator must not determine the dispute.
(x) If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act, otherwise at law.
19.0 DISPOSAL OF ASSETS
19.1 Special General Meeting to be Convened
In the event of the winding up of the VFBV, the remaining assets shall be dealt with or disposed of in accordance with a special resolution of three quarters of the members as are present at a Special General Meeting convened for that purpose or in the absence of a resolution to that purpose, by transferring the assets to an institution conducting fire related research.
Adopted the 14th day of October 2002.
Name: Quentin T Turner
Title VFBV Chairman
