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Constitution
(Amended June 2008)
LOCAL GOVERNMENTASSOCIATIONOF THE NORTHERN TERRITORYCONSTITUTION
[ INDEX ]
1. NAME
The name of the Association shall be the “Local Government Association of the Northern Territory” hereinafter referred to as "the Association".
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2. INCORPORATION
The Association was constituted on 1 June 1992 as a body corporate under section 224 of the Local Government Act of the Northern Territory.
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3. DEFINITIONS
In this Constitution -
“Delegate” means a Lord Mayor, Mayor, President, Shire President, Chairman, Alderman or Councillor of a Local Government Authority.
“Local Government Authority” means a Municipal Council or a Shire Council incorporated under the Local Government Act of the Northern Territory. (Amended June 2008 General Meeting)
“Population” means the latest population figure accepted by the Northern Territory Grants Commission for funding purposes.
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4. OBJECTIVES
The objectives of the Association are to:
- initiate, promote and foster the development of strong, effective Local Government throughout the Territory;
- represent, promote, maintain and protect the interests of members and Local Government generally;
- encourage networking and consultation amongst members to advance their interests; (Added to constitution October 2003)
- provide information and advice to members on matters affecting Local Government;
- monitor proposed legislation and keep members informed of proposals of governments affecting Local Government;
- make legislative proposals to governments on issues that the Association considers necessary;
- provide services as agreed to by resolution of members and/or the Executive;
- support the Australian Local Government Association and State Local Government Associations and any other organisation committed to objectives similar to those of the Association.
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5. POWERS
The Association is empowered to:
- acquire or dispose of any real or personal property by lawful means and any interest therein and rights or privileges relating to property;
- enter into with any person or organisation any arrangement intended to advance the objectives of the Association;
- seek action from government on any issues which may directly or indirectly advance the objectives of the Association;
- oppose any action by government which may prejudice the achievement of Association objectives;
- construct, improve, maintain, develop, work, manage, carry out or control any buildings and other works intended to advance the objectives of the Association;
- draw, make, accept, endorse, discount, execute and issue cheques, promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments;
- expend money for the purposes of the Association and invest or deposit money of the Association;
- borrow money and mortgage, charge or otherwise encumber any of the assets of the Association;
- sell, improve, manage, develop, exchange, lease, and dispose of all or any part of the property and rights of the Association.
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6. MEMBERSHIP
6.1 Any Local Government Authority in the Northern Territory may apply for membership of the Association.
6.2 Applications for membership shall be in the form prescribed by the Executive and shall be in writing directed to the Chief Executive Officer. (Amended October 2003 General Meeting)
6.3 The Association shall decide to accept, reject or defer any applications for membership submitted under 6.2 in accordance with established policy of the Association at the first Executive Meeting following receipt of the application. (Amended October 2003 General Meeting)
6.4 The Association may admit as an Associate member any other organisation or authority which performs substantially the functions of a Local Government Authority, and has members elected from the community. Associate members shall be admitted on such terms and conditions as the Executive determines under Association policy. (Amended October 2003 General Meeting)
6.5 Associate members will not be given voting rights at general meetings. (amended October 2004 AGM)
6.6 Associate members will not be eligible for election to positions on the LGANT Executive Committee. (amended October 2004 AGM)
6.7 The annual fees for associate members shall be as determined by the Executive. (amended June 2008 General Meeting)
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7. REPRESENTATION OF MEMBERS
7.1 Each member is required to nominate two delegates as their representatives to the Association.
7.2 Nominations shall be submitted in writing to the Chief Executive Officer of the Association and where a delegate is different to that originally nominated by the member that member’s decision shall be presented to the meeting in writing. (Amended October 2003 General Meeting)
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8. GENERAL MEETINGS OF MEMBERS
8.1 The Association shall conduct at least two general meetings each calendar year and twenty-eight days notice of each meeting to be held shall be given to all members.
8.2 The quorum for a General Meeting shall be one quarter of the financial members of the Association.
8.3 All matters arising at any general meeting shall be decided by a simple majority of votes cast. If the votes cast on any issue are equal, the Chair of the meeting shall declare the motion lost.
8.4 The President of the Association shall chair all General Meetings at which he or she is present. If the President is absent then a Vice President shall chair the meeting.
8.5 Minutes of the General Meetings shall be maintained and forwarded to all members as soon as possible after each meeting.
8.6 General Meetings may resolve to appoint committees, sub committees or working parties as necessary to achieve Association objectives and can by resolution delegate to such bodies any powers or functions necessary.
8.7 Any committee, sub-committee or working party so appointed shall report back to subsequent general meetings and decisions of any such committee, sub-committee or working party shall require confirmation at a General Meeting.
8.8 If at the expiration of thirty minutes from the time of commencement of the meeting a quorum is not present, the President or in his or her absence the Vice President shall determine that the meeting be deferred to a specified time, date and place.
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9. SPECIAL GENERAL MEETING OF MEMBERS
9.1 A Special General Meeting of the Association may be convened by the Executive or by ten per cent of financial members of the Association, directing the Chief Executive Officer to give 28 days notice to members of the meeting and the business to be conducted.
9.2 The only business which may be transacted at a Special General Meeting is the business of which notice has been given.
9.3 The quorum for a Special General Meeting shall be one quarter of the financial members of the Association.
9.4 The conduct of a Special General Meeting shall comply with Clauses 8.3, 8.4, 8.5 and 8.8.
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10. ANNUAL GENERAL MEETING OF MEMBERS
10.1 An Annual General Meeting of the Association must be held between 1st July and 30th November at a time and place determined by the Association. (Amended June 2002 General Meeting)
10.2 Twenty eight days notice of the Annual General Meeting must be given to all members by the Chief Executive Officer.
10.3 At the Annual General Meeting the order of business will be determined by the Executive. (Amended October 2003 General Meeting)
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11. REGIONAL AND MUNICIPAL COUNCIL MEETINGS
(Deleted June 2008 General Meeting)
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12. VOTING AT MEETINGS OF MEMBERS
12.1 Each member shall be entitled to the following votes at General Meetings, Special General Meetings and Annual General Meetings of the Association:
a member with a population up to and including 10 000 - 1 Vote
a member with a population between 10 001 - 30 000 - 2 Votes
a member with a population of 30 001 and above - 3 Votes
12.2 Voting shall be by the members delegate or delegates using voting cards issued by the Chief Executive Officer.
12.3 Proxy votes are not permitted at any Association meeting.
12.4 The rules of debate for Association meetings shall be in accordance with those listed at Appendix A. (Added to constitution October 2003 General Meeting)
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13. THE PRESIDENT
13.1 The President is the elected leader and official spokesperson of the Association.
13.2 The President is elected at the Annual General Meeting in March 2009 by vote of delegates and shall hold office until the annual meeting in October or November 2010 (and thereafter for a period of two years) from that Annual General Meeting. (Amended June 2008 General Meeting)
13.3 The Chief Executive Officer shall call for nominations for the position of President by 15 November 2008 (and thereafter by 15 June of each election year) and nominations shall close on 15 January 2009 (and thereafter by 7 August of each election year). (Amended June 2008 General Meeting)
13.4 The Chief Executive Officer shall advise members of the nominations received by 22 January 2009 (and thereafter by 15 August of each election year). (Amended June 2008 General Meeting)
13.5 If a vacancy occurs in the office of President, the Executive shall appoint one of the Vice Presidents to the position to serve out the remainder of the term of office.
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14. THE EXECUTIVE
14.1 The Executive is authorised to perform all functions and duties as shall be necessary for the proper control, direction and management of the Association between General meetings.
14.2 The Executive shall meet on at least four (4) occasions each calendar year and a copy of the minutes of each meeting shall be circulated to each member following the meeting.
14.3 Following the March 2009 election of the Executive, the quorum for an Executive meeting is five (5) persons’. (Amended June 2008 General Meeting)
14.4 Following the March 2009 election of the Executive, the eight (8) person Executive shall comprise the Association President, two (2) Vice Presidents and five (5) Executive members. One of the five Executive positions shall be nominated by the Council of the Capital City of the Northern Territory.
14.5 Following the March 2009 election of the Executive, the eight (8) person Executive shall comprise four (4) delegates from municipal councils and four (4) delegates from Shire councils One of the four Executive positions for municipal councils shall be nominated by the Darwin City Council. Delegates from community government, association or special purpose town councils who hold office up to 30 June 2008 shall be entitled to retain their offices on the Executive until general elections for councils are held on or about 25 October 2008 when this sentence in this clause is to be revoked from the Constitution. (Amended June 2008 General Meeting)
14.6 The Executive shall be elected in March 2009 and shall hold office until the Annual General Meeting in October or November of 2010. Thereafter, except for the President who shall be elected pursuant to Clause 13.2 of this Constitution, the Executive shall be elected at the Annual General meeting every second year and shall hold office for a period of two years from that Annual General meeting. (Amended June 2008 General Meeting)
14.7 A delegate is eligible to nominate to serve as a member of the Executive provided he/she has received endorsement from the council he/she is represented on by way of resolution at a council meeting. (Added to constitution 27 June 2005 Special General Meeting)
14.8 Where there are multiple nominations from delegates of any one council for positions on the Executive only one position can be occupied during the term of the Executive. The first delegate to be elected will occupy a position and all other nominations will automatically be withdrawn prior to an election being held for the other positions. (Added to constitution 27 June 2005 Special General Meeting)
14.9 The Chief Executive Officer shall call for nominations for the Executive positions by the 15 November 2008 (and thereafter by 15 June of each election year) and nominations shall close on 15 January 2009 (and thereafter by 7 August of each election year). (Amended June 2008 General Meeting)
14.10 The Chief Executive Officer shall advise members of all nominations received by 22 January 2009 (and thereafter by 15 August of each election year). (Amended June 2008 General Meeting)
14.11 For the election of the two (2) Vice Presidents, delegates from Municipal councils shall elect one (1) Vice President as their representative and delegates from Shires shall elect one (1) Vice President as their representative. (Amended June 2008 General Meeting)
14.12 If a vacancy occurs on the Executive for a person other than the Association President, the Chief Executive Officer shall advise members and invite nominations to be forwarded for consideration at the next Executive Meeting. The Executive shall elect an Executive Member to fill the vacancy and the person elected will hold office until the next annual general meeting at which an election shall be held. If this election results in a further casual vacancy on the Executive the election for that position will be held. (Amended 27 June 2005 Special General Meeting)
14.13 The President, Vice Presidents and Executive Members shall be entitled to one deliberative vote each at Executive Meetings.
14.14 A casual vacancy in an office occurs when the holder of that office:
a) dies
b) resigns the position by notice in writing delivered or sent by post to the Chief Executive Officer and such resignation is accepted
c) is absent (except upon leave granted by the Executive) from three consecutive meetings without apology satisfactory to the Executive
d) is found mentally ill, or becomes of unsound mind, or is incapable of performing his or her duties
e) ceases to hold office as a member of a municipal council affiliated to the Association but not including the period of cessation between that office and their nomination and re-election to Council from a general election (Amended November 2007 General Meeting)
f) is removed from office in the manner provided for in Clause 14.13. (Amended October 2003 General Meeting)
14.15 a) The Executive may remove from office any Executive Member if the person has been found guilty, under the rules of the Association, of;
(1) misappropriation of the funds of the organisation; or
(2) a substantial breach of the rules of the organisation; or
(3) gross misbehavior or gross neglect of duty;
or has ceased, under the rules of this organisation, to be eligible to hold office.
b) If a person is believed to by the Executive to be guilty of any of the offences specified in subclause (a) of this clause the Executive shall call on such person to appear before the next meeting of the Executive to show cause why that person should not be expelled from his or her position as an office holder of the Executive.
c) The person called to show cause pursuant to subclause (b) of this clause shall be given at least fourteen (14) days notice of the time and place of the meeting to which that person is called. The notice calling such person shall also specify the ground or grounds upon which it is proposed to consider such removal.
d) The Executive shall give to any person so called an opportunity to show cause why that person should not be removed as an office holder of the Executive.
e) The Executive may proceed to hear and determine the matter under this Clause notwithstanding the absence of the person called if due notice of the hearing has been given in accordance with this Constitution. (Added to constitution October 2003 General Meeting)
14.16 a) the Association shall pay an allowance to the President in accordance with the amount set in an annual budget of the Association. (Added to constitution October 2004 AGM)
b) all allowances and travel of Executive members to do with attendance at executive meetings and general meetings of the Association (other than for the President), shall be met from member council budgets. (Added to constitution October 2004 AGM)
c) where an Executive member is required to travel to regional meetings of the Association or meetings which are the business of the Executive (other than Executive meetings) the cost of travel and accommodation shall be met by the Association. (Added to constitution October 2004 AGM)
14.17 a) A person who is a member of the Executive and who is, or is to be, nominated for election to the Legislative Assembly, House of Representatives or Senate may give notice in writing to the CEO of the Association of the person’s resignation from the Executive under this section.
b) When a member gives notice of resignation under section 14.15 (a) the office of the member becomes vacant but the vacancy cannot be filled until the expiry of the period within which the person may apply under this section to be reinstated to the office.
c) A person who has given notice of resignation under 14.15 (a) may apply in writing to the CEO of the Association to be reinstated to the office from which he or she resigned-
(1) before the election in relation to which the resignation was tendered – if the person withdraws his or her consent to act as a member of the Legislative Assembly, House of Representatives or Senate (as the case may be) if elected ceases to be qualified to be a candidate for election; or
(2) if the person was not successful in the election in relation to which the resignation was tendered – before the expiry of the seventh day after the declaration of the poll for the election,
and the Executive must reinstate the person to the office from which he or she resigned, effective on and from the day of the application for reinstatement was received by the CEO.
d) Despite section 23, a person reinstated to office under this section is not entitled to any remuneration or allowance as a member during the period in which the resignation had effect. (Added to constitution October 2006 General Meeting)
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15. SUBSCRIPTIONS
15.1 An annual subscription shall be payable by members of the Association. The Executive shall recommend to the mid year General Meeting the annual subscription for the year. Such amount shall be payable when declared.
15.2 A member whose subscription remains unpaid for more than 60 days from the date of declaration shall become an unfinancial member and shall forfeit all rights to attend any meetings of the Association and shall not be entitled to membership of any committee or sub-committee so long as they remain unfinancial.
15.3 Members shall not be entitled to any services of the Association so long as they remain unfinancial.
15.4 Members may with the approval of the Executive enter into an arrangement for periodic payment of subscriptions to the Association.
15.5 The Chief Executive Officer shall advise the General Meeting following the Annual General Meeting of the names of unfinancial members.
15.6 Any subscription outstanding can be recovered by the Association as a debt due and payable.
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16. LEVIES
16.1 The Association may by resolution passed at a General Meeting or Special General Meeting impose a levy on members to establish a fund or funds to defray any extraordinary expenditure incurred or to be incurred in carrying out the objectives of the Association. Funds raised by a levy shall only be expended for the purposes of the levy. Any surplus remaining from the levy shall be refunded to members after the objective of the levy has been met.
16.2 Written notice of any proposed levy under Clause 15.1 must be forwarded to all members 30 days prior to the meeting which will consider the levy.
16.3 Any levy declared shall be payable within 60 days of the declaration. Any levy unpaid shall become a debt due by the member.
16.4 At the Annual General Meeting a statement shall be tabled setting out the state of any fund for which a levy has been made.
16.5 The Association may exempt a member or group of members from liability to pay a levy where it is satisfied that it is reasonable to do so.
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17. THE CHIEF EXECUTIVE OFFICER
17.1 The Chief Executive Officer is the Public Officer of the Association and responsible for the management and administration of the Association within the budget approved for the financial year and delegated authority from the Executive.
17.2 The Executive shall appoint the Chief Executive Officer.
17.3 The Chief Executive Officer may appoint staff in accordance with an organisational structure and resources approved by the Executive. (Added to constitution October 2004 AGM)
17.4 The Chief Executive Officer may direct, and if necessary dismiss employees of the Association. (Added to constitution October 2004 AGM)
17.5 The Chief Executive Officer may, by instrument in writing, delegate to an employee of the Association, whether by name or by reference to an office, designation or position, any of the Chief Executive Officer’s powers and functions by or under this Constitution other than this power of delegation. (Added to constitution October 2004 AGM)
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18. ASSOCIATION FINANCES AND ANNUAL REPORT
18.1 The financial year for the Association is from the 1st July to 30th June.
18.2 The Chief Executive Officer shall be responsible for the safekeeping of all assets of the Association and shall cause accounting records to be kept in accordance with relevant accounting standards.
18.3 The Annual Report and audited financial statements of the Association shall be presented to each Annual General Meeting by the Chief Executive Officer. (Added to constitution October 2004 AGM)
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19. THE AUDITOR
19.1 The Auditor shall be appointed at each Annual General Meeting.
19.2 The Auditor is responsible for auditing the accounts of the Association and providing a report to members on the state of the accounts for the preceding financial year in accordance with relevant audit standards.
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20. THE COMMON SEAL
20.1 The common seal of the Association shall be kept under the custody and control of the Chief Executive Officer.
20.2 The common seal shall be affixed to documents and instruments pursuant to a resolution of the Executive and in the presence of two Executive members or one Executive member and the Chief Executive Officer.
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21. CONFLICT OF INTEREST
21.1 A delegate shall disclose to any meeting of the Association and any Executive member shall disclose to any Executive meeting, any financial or contractual interest which that member or delegate has or may have in a matter before the meeting. The person must then leave the meeting and not vote on the issue subject to the conflict of interest.
21.2 All disclosures of interest shall be recorded in the minutes of the meeting at which the disclosure was made.
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22. RESIGNATION OF MEMBERS
22.1 A member may resign from the Association by written notice to the Chief Executive Officer and such resignation shall take effect on the day of the next General Meeting after the notice is received.
22.2 All subscriptions or levies due to the Association at the date of resignation must be paid by the member.
22.3 Any outstanding subscription or levy can be recovered by the Association as a debt due and payable.
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23. AMENDING THE CONSTITUTION
23.1 This Constitution can only be amended by a resolution carried by a two - thirds (2/3) majority of financial members present and voting at a General Meeting, Special General Meeting or Annual General Meeting.
23.2 The Chief Executive Officer must give all members six (6) weeks written notice of any proposal to alter the Constitution.
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24. WINDING UP OF THE ASSOCIATION
24.1 The Association may only be wound up by a resolution passed by a two - thirds (2/3) majority of financial members at a Special General Meeting or Annual General Meeting.
24.2 The net assets of the Association at the date of the resolution shall be distributed to an association or organisation having similar views, objectives or interests as the Local Government Association of the Northern Territory.
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Appendix A
Rules of Debate
1. Motion for Debate
A motion must not be debated unless it is seconded.
2. Motions not to be Withdrawn Without Consent
When a motion has been moved and seconded, it becomes subject to the control of the General meeting, and may not be withdrawn without the consent of the General meeting.
3. Amendment may be Moved
When a motion has been moved and seconded, any delegate may move an amendment if he/she wants to.
4. Only One Amendment at a Time
A second or subsequent amendment must not be taken into consideration until the previous amendment has been disposed of.
5. Further Amendment may be Moved on Amended Question
If an amendment has been carried, the question as amended then becomes the question before the General meeting.
6. How Subsequent Amendments may be Moved
If a motion for amendment, whether upon the original question or upon any question amended as aforesaid, has been lost, then a further amendment may be moved to the question to which such first-mentioned amendment was moved, and so on.
However, not more than one question and one proposed amendment thereof may be done before the General meeting at any one time.
7. Limitation as to the Number and Duration of Speeches
The mover of an original motion has:
a) a right of general reply to all observations which have been made in reference to such motion; and
b) the right to speak upon every amendment moved in respect of the motion.
Subject to Rule 15, every delegate, other than the mover of an original motion, has the right to speak once upon such motion, and once upon every amendment in respect of the motion.
Except with the consent of the General meeting, a delegate must not speak more than once upon any one motion except when misunderstood or misrepresented, in which case the delegate is permitted to correct or explain the misunderstanding or misrepresentation without adding any further observations than may be necessary for the purpose of such correction or explanation.
Except with the consent of the General meeting:
c) the mover of an original motion, in his or her opening speech, must not speak for more than five minutes;
d) a speaker must not otherwise speak for more than three minutes at any one time.
8. Speakers Talking in Order
Despite Rule 14, when a motion or amendment has been moved and seconded, no delegate may speak further in support of the motion until someone has spoken in opposition to the motion, and thereafter speakers are only entitled to speak for or against the motion in rotation.
However, in any case where the same motion has been submitted by more than one Member, a representative from each such member is entitled to speak.
9. Speaking About the Proper Agenda Item
Every delegate speaking must confine his or her remarks to the matter then under consideration.
10. Not Making Personal Remarks or Implying Improper Conduct
A delegate must not make personal reflections on or impute improper motives to any other delegates.
11. President to Decide who can Speak First
If two or more delegates rise to speak at the same time, the President decides which of the delegates may speak first.
12. President to Maintain Order
The President must maintain order, and may, without the intervention of any delegates, call any delegate to order whenever, in his or her opinion, the necessity arises for so doing.
13. Delegates May Raise Question of Order
A delegate who considers that any other delegate is out of order may call the attention of the President to the matter. The question of order must be dealt with immediately, without further discussion, in accordance with Rule 14.
14. Questions of Order – How Dealt With
Upon a question of order being raised, the delegate called to order must immediately resume his seat, unless specially permitted by the President to offer an explanation, retraction, or apology.
If the delegate is so permitted, he or she may explain, retract, or apologise for the remark alleged to have been out of order.
If such explanation, retraction or apology is considered satisfactory by the President, no further discussion on the question of order is permitted.
15. Motions Out of Order to be Rejected
Whenever it has been decided that any motion, amendment or other matter is out of order, it must be rejected.
16. Irrelevance or Repetition in Debate
The President may:
a) call the attention of the General meeting to continued irrelevance or tedious repetition on the part of any delegate; and
b) direct the delegate to discontinue his or her speech.
17. Closure of Debate
The closure of debate may be obtained by a motion made, according to the evident sense of the General meeting;
That the question be now put.
No discussion is permitted on that the question.
18. How Questions are to be Put
The President must put to the General meeting all questions on which it is necessary that a vote shall be taken, first in the affirmative, and then in the negative, and the delegates present and voting thereon must vote by show of voting cards identifying their voting entitlements.
The President must declare the result to the General meeting.
19. President May Repeat Question
The President may:
a) put any question as often as may be necessary to enable him or her to form his opinion as to the result of the voting; or
b) appoint tellers, to count the number of votes for and against the question.
20. Question – How Determined
Every question is decided by a majority of votes of the delegates present at any General meeting and voting on that question.
21. Suspension of Rules
Any one or more of the foregoing rules of procedure for debates may be suspended by resolution at any General meeting of the Association.
A resolution under Rule 21 must state the purpose of the suspension.
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