Terms of Service

8 MEMBERS
8.1 Member qualification requirements
(a) People eligible to apply to be a Member of the Company are:
(i) individuals, groups and organisations of mental health
professionals;
(ii) administrators and legislators;
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(iii) interested lay persons; and
(iv) users of mental health services and their family members,
who support the purposes of the Company.
8.2 Admission to Membership
(a) Membership is not indicative of, and must not be used to indicate any form
of professional competence or expertise.
(b) A person who applies and is approved for Membership as provided in this
Constitution will become a Member upon payment of the Annual
Subscription Fee.
(c) An application to be a Member of the Company:
(i) must be made in writing in a form prescribed by the Board from
time to time;
(ii) must contain a signed undertaking to be bound by this Constitution
and to support and promote the purposes of the Company;
(iii) must address the qualification requirements set out in clause 8.1
above; and
(iv) must be lodged with the Secretary.
(d) As soon as is practicable after the receipt of an application, the Secretary
will approve the application and notify the Board.
(e) The Board may approve any person as a honorary member for recognition
of significant contributions to the Company or the Principal Purposes of the
Company.
8.3 Appeal against Membership Refusal
(a) Any person refused Membership pursuant to clause 8.1 or 8.2 may appeal
against the decision of the Board to a general meeting of the Members.
(b) The person refused Membership shall deliver written notice of appeal to the
Secretary within twenty-eight days of the decision of the Board being
communicated to him or her.
(c) The Board shall convene a general meeting of Members for the purpose of
determining the appeal within three months of receiving written notice in
accordance with clause 8.3(b).
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(d) Notwithstanding the appeal process under this clause 8.3 the Board retains
absolute power to exclude from Membership persons that it considers
would not benefit the organisation and its objectives.
8.4 Disciplinary Resolution of a Member
(a) Any Member may be the subject of a Disciplinary Resolution if they:
(i) neglect to comply with the provisions of this constitution; or
(ii) engage in conduct which in the opinion of the Board is
unbecoming of a Member or prejudicial to the interests of the
company.
(b) The Board will have the power by Disciplinary Resolution to censor, fine,
suspend or remove the Member, provided that:
(i) at least 5 business days before the meeting at which the Board
intends to consider a Disciplinary Resolution (Disciplinary
Meeting), the Member is given notice of the:
(A) meeting;
(B) alleged conduct against the Member; and
(C) intended content of the Disciplinary Resolution.
(c) The relevant Member will have the opportunity to give any oral or written
explanation or defence at any Disciplinary Meeting.
(d) Any Member may, by written notice to the Secretary no less than 24 hours
before a Disciplinary Meeting, request a general meeting of the Members to
consider the Disciplinary Resolution.
(e) The Board shall convene a general meeting of Members for the purpose of
determining the appeal within one month of receiving written notice in
accordance with clause 8.4(d).
(f) Where a Disciplinary Resolution is to be decided at a general meeting the
Disciplinary Resolution must be passed by more than two-thirds of those
present and voting at the general meeting.
8.5 Appeal against Disciplinary Resolution of a Member
(a) Any Member subject to a Disciplinary Resolution pursuant to clause 8.4(b)
may appeal against the decision of the Board to a general meeting of the
Members.
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(b) The Member shall deliver written notice of appeal to the Secretary within
twenty-eight days of the decision of the Board being communicated to him
or her.
(c) The Board shall convene a general meeting of Members for the purpose of
determining the appeal within three months of receiving written notice in
accordance with clause 8.5(b).
(d) No appeal against a Disciplinary Resolution shall be allowed where a
Disciplinary Resolution was passed by general meeting pursuant to clause
8.4(f).
8.6 Address of Member
(a) Each Member must provide to the Secretary details of an address in
Australia where the Company can send notices.
(b) If a Member fails to provide an address in accordance with clause 8.6(a),
the address of the Member is deemed to be the registered office of the
Company.
8.7 Events leading to cessation
A Member ceases to be a Member if the Member:
(a) dies;
(b) resigns in writing;
(c) is convicted of an indictable offence.
8.8 Non-payment of Annual Subscription Fee
For so long as any Annual Subscription Fee of a Member remains unpaid, the
Member will be barred from all privileges of Membership provided that the Directors
may, if they think fit, reinstate the Member on payment of all arrears.
8.9 Effect of cessation
A Member who ceases to be a Member continues to be liable for:
(a) any Annual Subscription Fee and all arrears due and unpaid at the date of
cessation;
(b) all moneys due by them to the Company; and
(c) the Guarantee.
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8.10 Annual Subscription Fee
(a) The Annual Subscription Fee for Membership is such amount determined
by the Board from time to time.
(b) The Board may, at its discretion, offer to waive Members’ Annual
Subscription Fees from time to time.
(c) Subject to clause 8.10(d), the Annual Subscription Fee is payable in
advance on or before 1 July in each Financial Year.
(d) In the case of any application for Membership of the Company made after 1
July in any Financial Year, the Annual Subscription Fee will be:
(i) pro-rated for the remainder of that Financial Year calculated from
the date on which the Board approves the application; and
(ii) payable in advance on the date determined in accordance with
clause 8.2.