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  • Lessons 133
  • Quizzes 0
  • Assignments 0
  • Discussions 0
  • Duration 1096 Days
  • Students 48
  • Certificates No
  • Badges No

Making Your Constitution Work For You

Legislative and Good Practice Constitutional Changes for WA Associations

Not for profit organisations in WA have three years from 1st July 2016 to comply with the new legislation.

ENROL NOW

Countdown to compliance

What is the course about?

This course is designed to assist non-profit organisations who need to review/amend/modify or replace their constitution.  This course will explore the template constitution and its supporting manual in detail to help you develop a constitution that doesn’t just comply with the act, but also helps you get on with the work you do by ensuring you aren’t distracted by situations similar to those you may have had in the past!

Why is it important?

Not for profits in WA have to comply with the new Associations Incorporations Act 2015 (WA). Your new constitution can help you guard against those power plays and challenges that can be difficult to manage in a non-profit organisation. This course helps you consider some of those scenarios and suggests some ways to build clauses to reduce your risks and adopt best practice.

Who benefits and how?

1. Board sub-committees reviewing the constitution will more capable recommend changes after learning about the rationale behind clauses in the model constitution, finding out which clauses that are mandatory or optional, and where to seek further advice

2. Volunteers will be comfortable helping out knowing that you are taking care of them by demonstrating your commitment to risk and occupational health and safety.   This course helps you consider some of those scenarios and suggests some ways to build clauses to reduce your risks. 

3. Sponsors and Funders will be more inclined to invest knowing you have taken proactive steps to be legally compliant with the new act and putting best practice governance processes in place.

Over 130-course units.

The structure makes it easy to review the questions I'm unsure about. Well worth the $79

  • Introduction to the development of the template constitution

  • lesson
    Purpose of the Linkwest Template Constitution
    2 minutes
  • lesson
    Preliminary Questions
    1 minutes
  • Adopting or Adapting the Template Constitution

  • lesson
    Using the Template Constitution
    1 minutes
  • lesson
    Guide to the Template Constitution
    2 minutes
  • lesson
    Comparing To Your Current Constitution
    2 minutes
  • 1 - 3: Preliminary Clauses

  • lesson
    Clause 1. Name
    1 minutes
  • lesson
    Clause 2. Type of entity
    1 minutes
  • lesson
    Clause 3. Definitions
    2 minutes
  • lesson
    Clause 3 (g) (t) (y) (OO, PP, QQ)
    4 minutes
  • lesson
    Clause 3.1. Relationship between Constitution and Associations Act
    1 minutes
  • lesson
    Clause 3.2. Interpretation
    1 minutes
  • 4 - 6: [Charitable] Object, Purposes and Powers

  • lesson
    Clause 4. Object And Purposes
    2 minutes
  • lesson
    Clause 5. Powers
    2 minutes
  • lesson
    Clause 6. Not-for-profit
    2 minutes
  • 7 - 12: Members – Membership Requirements

  • lesson
    Clause 7. Number, qualifications and liability of members & Clause 7.1 Number
    2 minutes
  • lesson
    Clause 7.2. Qualifications
    1 minutes
  • lesson
    Clause 7.3. Liability
    1 minutes
  • lesson
    Clause 8. Becoming a member & Clause 8.1. Application
    2 minutes
  • lesson
    Clause 8.2. Consideration of membership application
    2 minutes
  • lesson
    Clause 9. Members register & Clause 9.1. Content of members register
    2 minutes
  • lesson
    Clause 9.2. Inspection and copying of members register
    2 minutes
  • lesson
    Clause 9.3. Prohibited use of information on members register
    1 minutes
  • lesson
    Clause 10. Classes of members
    1 minutes
  • lesson
    Clause 10.1. Considerations for classes of members
    1 minutes
  • lesson
    Clause 11. Membership fees and Clause 11.1 Entrance fee and Clause 11.2 Annual membership fee
    1 minutes
  • lesson
    Clause 12.2. Resignation of member
    1 minutes
  • lesson
    Clause 12.3. Suspension or expulsion of member & Clause 12.3. Considerations for Suspension or expulsion of member
    1 minutes
  • lesson
    Clause 12.4. After suspension of member
    1 minutes
  • lesson
    Clause 12.5. Member’s right of appeal against suspension or expulsion
    1 minutes
  • lesson
    Clause 12.6. Reinstatement of member
    1 minutes
  • 13 - 14: Annual General and Special General Meetings

  • lesson
    Clause 13. General meeting
    1 minutes
  • lesson
    Clause 14. Annual general meeting and Clause 14.1. Purpose of annual general meeting
    1 minutes
  • lesson
    Clause 14.2. Date, time and place of annual general meeting
    1 minutes
  • lesson
    Clause 14.3. Financial statements and reports and annual general meetings
    1 minutes
  • lesson
    Clause 14.4. Holding annual general meeting
    1 minutes
  • lesson
    Clause 14.5. Special general meeting
    1 minutes
  • lesson
    Clause 14.6. Calling annual general meeting or special general meeting
    1 minutes
  • lesson
    Clause 14.7. Members call for annual general meeting or special general meeting
    1 minutes
  • lesson
    Clause 14.8. Failure to hold annual general meeting or special general meeting requested by members
    1 minutes
  • lesson
    Clause 14.9. Quorum at annual general meeting or special general meeting
    1 minutes
  • lesson
    Clause 14.10. Notice of, and motions at, annual general meeting or a special general meeting
    1 minutes
  • lesson
    Clause 14.11. Using technology to hold annual general meeting or special general meeting
    2 minutes
  • lesson
    Clause 14.12. Conducting annual general meeting or special general meeting
    2 minutes
  • 15 - 16: Annual General and Special General Meetings - Resolutions

  • lesson
    Clause 15. Ordinary (BP) and special resolutions & Clause 15.1. Definitions
    2 minutes
  • lesson
    Clause 15.2. Notice of special resolution
    1 minutes
  • lesson
    Clause 16. Members circular resolutions
    2 minutes
  • 17 - 18: Annual General and Special General Meetings - Voting

  • lesson
    Clause 17.2. Entitlement to vote at annual general meeting and special general meeting
    2 minutes
  • lesson
    Clause 17.3. Challenge to member’s right to vote at annual general meeting and special general meeting
    1 minutes
  • lesson
    Clause 17.4. Organisational members and organisational representatives – voting at annual general meeting and special general meeting
    2 minutes
  • lesson
    Clause 17.5. Voting procedure at annual general meeting and special general meeting
    1 minutes
  • lesson
    Clause 17.6. When and how a vote in writing shall be held at annual general meeting and special general meeting
    1 minutes
  • lesson
    Clause 18. Proxies at annual general meeting and special general meeting
    2 minutes
  • lesson
    Clause 18.2. Determining whether ordinary resolution carried at annual general meeting and special general meeting
    1 minutes
  • lesson
    Clause 18.3. Poll at annual general meeting and special general meeting
    1 minutes
  • 19 - 24: Board and Directors

  • lesson
    Clause 19, 19.1 and 19.2. Board role and powers
    1 minutes
  • lesson
    Clause 20. Number of directors, composition and qualifications & Clause 20.1. Number of directors on board
    1 minutes
  • lesson
    Clause 20.2. Composition of board
    2 minutes
  • lesson
    Clause 20.3. Qualifications of directors
    1 minutes
  • lesson
    Clause 21. Directors duties & Clause 21.1. General directors duties
    1 minutes
  • lesson
    Clause 21.2. Directors conflict of interest
    1 minutes
  • lesson
    Clause 22. Appointment of directors & Clause 22.1. Nomination for appointment as directors
    1 minutes
  • lesson
    Clause 22.2. Methods
    1 minutes
  • lesson
    Clause 22.3. Election of directors at an annual general meeting
    1 minutes
  • lesson
    Clause 22.4. Appointment of directors by board to fill a casual vacancy
    2 minutes
  • lesson
    Clause 22.5. Term of office
    1 minutes
  • lesson
    Clause 23.2. Removal
    1 minutes
  • lesson
    Clause 23.3. Assets and records of director who ceases to be a director
    1 minutes
  • lesson
    Clause 24. Officeholders & Clause 24.1. Election of officeholders by board
    1 minutes
  • lesson
    Clause 24.2. Chairperson
    1 minutes
  • lesson
    Clause 24.3. Secretary
    1 minutes
  • lesson
    Clause 24.4. Treasurer
    1 minutes
  • lesson
    Clause 24.5. Record of officeholders
    1 minutes
  • 25 - 27: Board Meetings

  • lesson
    Clause 25. Calling and conducting board meetings & Clause 25.1. Calling board meetings
    1 minutes
  • lesson
    Clause 25.2. Notice
    1 minutes
  • lesson
    Clause 25.3. Using technology to hold board meetings
    1 minutes
  • lesson
    Clause 25.4. Conducting board meeting
    1 minutes
  • lesson
    Clause 25.5. Quorum for board meeting
    1 minutes
  • lesson
    Clause 26. Board resolutions
    1 minutes
  • lesson
    Clause 26.1. Voting
    1 minutes
  • lesson
    Clause 26.2. Board circular resolutions
    1 minutes
  • lesson
    Clause 27 Remuneration of directors; Clause 27.1. Travelling and other expenses & Clause 27.2. No other remuneration
    2 minutes
  • 28: Subcommittees and Other Delegation

  • lesson
    Clause 28. Subcommittees and delegations & Clause 28.1. Establishment
    1 minutes
  • lesson
    Clause 28.2. Delegation
    1 minutes
  • lesson
    Clause 28.3. Delegation to others
    1 minutes
  • 29 - 30: Finances

  • lesson
    Clause 29. Payment of income or property to members; Clause 29.1. Not permitted & Clause 29.2. Permitted payments
    1 minutes
  • lesson
    Clause 30. Funds and Clause 30.1. Source of funds
    1 minutes
  • lesson
    Clause 30.2. Control of funds
    1 minutes
  • lesson
    Clause 30.3. Financial records
    1 minutes
  • 31: Binding the Association

  • lesson
    Clause 31. Use of common seal
    1 minutes
  • 32 - 33: Minutes, Books and Records

  • lesson
    Clause 32. Minutes & Clause 32.1. Taking of minutes
    1 minutes
  • lesson
    Clause 32.3. Inspection of minutes
    1 minutes
  • lesson
    Clause 33. Records, & Clause 33.1. Inspecting record of officeholders
    1 minutes
  • lesson
    Clause 33.2. Custody of association’s books
    1 minutes
  • lesson
    Clause 33.3. Inspecting association’s books
    1 minutes
  • lesson
    Clause 33.4. Prohibition on use of information in association’s books and record of officeholders
    1 minutes
  • lesson
    Clause 33.5. Returning the association’s books
    1 minutes
  • 34 - 36: Disputes

  • lesson
    Clause 34. Disputes arising under constitution
    1 minutes
  • lesson
    Clause 35. Mediation
    1 minutes
  • lesson
    Clause 36. Inability to resolve dispute
    1 minutes
  • 37 - 38: Service of Notices

  • lesson
    Clause 37. Legal requirements
    1 minutes
  • lesson
    Clause 38. Service on members
    1 minutes
  • 39 - 41: Indemnity and Insurance

  • lesson
    Clause 39 to 41. Indemnity; Director’s insurance and Insurance covering workers, contractors, volunteers and visitors
    1 minutes
  • 42 - 43: Occupational Safety and Health

  • lesson
    Clause 42 Safe and healthy working environment & Clause 43. Occupational Safety and Health obligations
    1 minutes
  • 44 - 45: Constitution and By-Laws

  • lesson
    Clause 44. Constitution & Clause 44.1. Binding
    1 minutes
  • lesson
    Clause 44.2. Amendment
    1 minutes
  • lesson
    Clause 44.3. Copies
    1 minutes
  • lesson
    Clause 45. By-laws & Clause 45.1. Power and purpose
    1 minutes
  • lesson
    Clause 45.2. Not of constitution and not required to be lodged
    1 minutes
  • 46 - 48: Winding up, Cancellation and Distribution of Surplus Property

  • lesson
    Clause 46. Cessation of activities, winding up and cancellation of incorporation
    1 minutes
  • lesson
    Clause 47. Surplus assets not to be distributed to members
    1 minutes
  • lesson
    Clause 48. Distribution of surplus assets
    1 minutes
  • Reducing Penalty risks in the new Act

  • lesson
    Introduction
    Preview
    Introduction
    1 minutes
  • lesson
    Changing/updating the Constitution
    Preview
    Changing/updating the Constitution
    3 minutes
  • lesson
    New Member Joins
    2 minutes
  • lesson
    Members Change
    1 minutes
  • lesson
    Member requests copy of constitution
    1 minutes
  • lesson
    Member requests copy of members register
    3 minutes
  • lesson
    Member requests copy of record of officeholders
    1 minutes
  • lesson
    Commissioner May Request Copies of Records/Reports
    3 minutes
  • lesson
    Board Member (Director) Changes/Nominations
    3 minutes
  • lesson
    Director Resignation
    1 minutes
  • lesson
    Participating in Meetings: Conflicts
    1 minutes
  • lesson
    Voting in Meetings
    1 minutes
  • lesson
    Director Mindset/Actions
    2 minutes
  • lesson
    Holding an annual general meeting
    1 minutes
  • lesson
    Preparing the association’s financial statements
    2 minutes
  • lesson
    Tier 1 Financial Statements
    1 minutes
  • lesson
    Audit of the Association’s Financial Statements
    1 minutes
  • lesson
    Appointment/resignation/removal of auditor
    1 minutes
  • lesson
    Winding up/changing structure
    1 minutes
  • lesson
    Association changes its address
    1 minutes
  • lesson
    Making a false declaration
    1 minutes
  • Conclusion

  • lesson
    Conclusion
    1 minutes
(PRIMARY)

Dominic Cudmore

NFP sector adviser. Experienced employment law professional for the SME, corporate, NFP/NGO and public sector employers and their staff. Providing expert legal advisory services on employment contracts, disputes, mediation and risk management training.

Natalie Bramble

Natalie Bramble is the in-house community development specialist. She has helped over 7,500 non-profits and social enterprises increase their community impact through consultancy services and education that informs and empowers and has raised over $28.2 million in grant and tender funding
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