Membership Information
5. Membership of the corporation
5.1 Members on registration
(a) A person who is specified in the application for registration of the corporation only becomes a member when the corporation is registered, as long as the registration complies with the Act.
(b) Members’ names must be entered on the register of members.
5.2 Members by application
5.2.1 How to become a member after registration
A person becomes a member if:
(a) the person wants to become a member and applies in writing
(b) the person is eligible for membership
(c) the directors accept the application
(d) the person’s name is entered on the register of members.
5.2.2 Who can apply to become a member (eligibility for membership)?
A person who is eligible to apply for membership must be an individual who is:
(a) 18 years of age; and
(b) an Aboriginal; and
(c) descended from one or more of the Yulluna apical ancestors listed in Schedule 2.
5.2.3 Membership application
(a) A person (the applicant) who wants to become a member must apply to the corporation.
(b) The application must be in writing.
5.2.4 Deciding membership applications
(a) The directors will consider and decide membership applications.
(b) Applications will be considered and decided in the order in which they are received by the corporation.
(c) The directors must not accept an application for membership of the corporation unless the applicant:
(i) applies according to rule 5.2.3
(ii) meets all the eligibility for membership requirements.
(e) If a question of whether a person is eligible for membership arises as a result of an
application, the directors may:
(i) review anthropological materials and/or
(ii) seek anthropological advice.
(f) After reviewing anthropological materials or advice the directors may refer the question of whether an applicant is eligible for membership to a council of elders for determination.
(g) If a membership application is refused, the directors must notify the applicant in writing of the decision and the reasons for it.
5.2.5 Entry on the register of members
(a) If the directors accept a membership application, the applicant’s name must be entered on the register of members within 14 days.
(b) However, if:
(i) the applicant applies for membership after a notice has been given for the holding of a general meeting, and
(ii) the meeting has not been held when the directors consider the application,
then the corporation must not enter the person on the register of members until after the general meeting has been held.
5.3 Membership fees
The corporation must not impose fees for membership of the corporation.
5.4 Members rights and obligations
5.4.1 Members rights
(a) Each member has rights under the Act and these rules including the rights set out below.
A member:
(i) can attend, speak and vote at a general meeting of the corporation
(ii) can be elected or appointed as a director
(iii) cannot be removed as a member unless the directors and the corporation have complied with rule 5.7
(iv) can put forward resolutions to be voted on at a general meeting of the corporation in accordance with rule 7.6
(v) can ask the directors to call a general meeting of the corporation in accordance
with rule 7.3.2
(vi) can access the following books and records of the corporation:
(A) the register of members, under rule 6.5
(B) the minute books, under rule 14.9
(C) the corporation’s Rule Book, under rule 14.11
(D) certain reports prepared by or for the directors and the corporation, in
accordance with the Act
(E) any policy adopted by the corporation
(F) any code of conduct adopted by the corporation
(vii) can ask the directors to provide access to any other records or books of the
corporation in accordance with rule 14.10
(viii) can have any disputes with another member or with the directors dealt with under the process in rule 17.
(b) Members do not have the right to share in the profits of the corporation or take part in the distribution of the corporation’s assets if it is wound up.
(c) If a member believes that their rights have been breached or ignored by the directors, the member can use the dispute resolution process in rule 17.
5.4.2 Members’ responsibilities
Each member has the following responsibilities:
(a) to comply with the Act and these rules
(b) to notify the corporation of any change in their address within 28 days
(c) to comply with any code of conduct adopted by the corporation
(d) to comply with any dispute resolution or other policy adopted by the corporation
(e) to treat other members and the directors with respect and dignity
(f) to not behave in a way that significantly interferes with the operation of the corporation or of corporation meetings
(g) not to purport to act with the authority of the corporation or any trust of which the
corporation is trustee other than in accordance with these rules.
5.4.3 Liability of members
The members are not liable to contribute to the property of the corporation on winding up.
5.5 How a person stops being a member
A person will stop being a member if:
(a) the person resigns as a member (see rule 5.6)
(b the person dies
(c) the person’s membership of the corporation is cancelled (see rules 5.7.1 5.7.4).
For further information please refer to Corporation Rule Book located in the ORIC Documents for Yulluna Aboriginal Corporation RNTBC "Click Here"