[AMMENDED - 14th February 2007]
1. NAME:
1.1 There shall be an Organisation
named The Ancient Ways Incorporated, hereinafter referred
to as TAWI.
2. DEFINITIONS:
2.1 In this constitution unless
the contrary intention appears:
"Organisation" means the
Incorporated body known as The Ancient Ways Inc. and referred
to as TAWI
"Committee" means the
Committee of Management of the Organisation
"The Council" refers to
the Grand Council of Elders of the Organisation
"General Meeting" means
a general meeting of members of the Organisation convened
in accordance with this constitution
"AGM" means an Annual
General Meeting of the members of the Organisation convened
in accordance with this constitution
"Member" means any member
of the Organisation
"Community" means any
member group of the Organisation
"Associated Person" is
a person who is a member of a recognised Group, not being
individually a member
"The Act" means the Organisation
Incorporation Act, 1985
3. Aims and Objectives:
3.1 The Ancient Ways Inc. aims to
foster a community spirit and build the foundations of a knowledge
base for future members of TAWI.
3.2 To provide support, advice,
and pastoral care for Pagans in the community especially families,
and to set up a network of support services targeting families
in crisis. This will be achieved through:
3.2.1 A charity arm that fundraises
and takes collections of non-perishable foodstuffs, household
items and clothing
3.2.2 Social welfare work through
qualified workers
3.2.3 Supporting a residential care
program for children with disabilities and/or social disadvantage.
3.3 Environment Policy
3.3.1 Members of the Organisation
shall strive to support local industry wherever possible and
provide an outlet for local producers and wholesalers at planned
events.
3.3.2 The Organisation will endeavour
to educate it's members via it's website and other forms of
communication of local environmental issues and suggest strategies.
3.3.3 The Organisation will endeavour
where possible to encourage the use of environmentally friendly
products. Where possible the Organisation will support Organic
Producers.
3.3.4 The Organisation will develop
strategies in cooperation with other organisations enhancing
the wellbeing and flourishing of all life, and performing
a service to the Earth by learning to live more sustainably
on the Earth.
3.3.5 The Organisation will strive
to reduce waste, conserve resources, eliminate or minimise
adverse environmental effects and risks that may be associated
with our services and operations.
3.3.6 The Organisation will endeavour
to be environmentally conscious.
3.3.7 The Organisation will endeavour
to respond to the environmental challenges in all areas with
special focus on the needs of the local community.
3.3.8 The Organisation will periodically
review and revise the Environmental Policy and procedures
to maintain their relevance.
3.4 To seek personal growth and
Enlightenment through community building and sharing and to
gather a body of knowledge and pave The Ancient Ways, for
ALL the children/ members to come.
3.5 To publish, procure and distribute
literature compatible with the principles of TAWI
3.6 Through research and community
building we will collect a resource of information and future
teachers for members to come. We will work towards spiritual
growth both individually and communally by sharing and discussing
ideas and beliefs. The Ancient Ways will be an inclusive community
that embraces all paths and accepts all beliefs.
3.7 In order to achieve these objectives
the Group shall hold at least two activities each year that
include and/ or invite all members. That all members holding
a position on Council or a position of authority in the Member
Communities will contribute regularly to the knowledge base
by writing theses and articles.
4. Not For Profit Clause
4.1 The assets and income of the
Association shall be applied solely in furtherance of the
aforementioned objects and no portion shall be distributed
directly or indirectly to the members of the Association except
as bona fide compensation or expenses incurred on behalf of
the Association.
5. POWERS:
5.1 The Group shall have all the
powers conferred by section 25 of the Act.
5.2 Beyond this the Grand Council
of Elders has the power to
a) Coordinate National and International activities of TAWI
and it's members, associates, and member groups
b) Form associations with other groups and organisations within
the context of the aims and objectives of the organisation
c) Establish, endorse and implement educational programs and
issue credentials and certificates.
d) Expand on the aims and objectives as is seen to be appropriate
within the guiding principles of the Organisation
e) Develop TAWI International within the ethos of the Organisation.
f) Be spokespeople for the Charity Arm of TAWI.
5.3 These powers shall be exercised
by meetings of The Grand Council of Elders to be held at least
once each season, i.e. approximately every three months, and
by online communications with appropriate records being kept
of all such meetings.
6. MEMBERSHIP:
6.1 Anyone can apply to be a member
of the online community. This type of membership does not
have a vote in the organisation.
6.2 Anyone can apply to the Elder
of a Member Community for membership of that group. This type
of member does not have a vote within the organisation.
6.3 Anyone shall be eligible for
membership of the Group mailing list upon payment of the Group
membership fee. The Group Membership Fee shall be payable
annually, and shall be determined by the Council provided
that the fee shall be no less than the minimum costs of postage
and newsletter production and the amount be set at the AGM
for the coming year. This type of member ship does not have
a vote within the organisation.
6.4 Anyone can apply for membership
of the Organisation provi
ded they meet the requirements of such membership as set out
below and pay the membership fee prescribed as set out at
each AGM for the coming year.
6.4.1 Anyone applying for membership
must sign the appropriate forms stating their own compatible
philosophy, reasons for joining and any other required information
as set out by the Council at the AGM for the coming year.
6.4.2 Membership may take the form
of any of the following:
a) As an Individual
b) As a couple
c) As a family (family unit living at a single address)
d) As a business
e) As a Member Community (see 6.5)
6.5 Member Communities are those
that meet the following criteria
6.5.1 Membership shall be restricted to organisations that:
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a) Are Spiritual in nature,
b) Have a strong focus on needs of Children and Youth,
c) Have been formally constituted for at least 1 year,
d) Have 5 members or more and
e) Are not for profit in nature
f) Have an environmental policy,
g) And have a compatible philosophy, credo or ethos to that
of the Organisation
6.5.2 Organisations not represented on the Council are eligible
to apply to the Council for membership if they show that they
meet the requirements for membership and the aims of TAWI.
Membership is conferred after a vote whereby a clear majority
of the Council are satisfied that the nominating organisation
has met the membership requirements.
6.5.3 There will be two different kinds of member Organisation
Memberships:
6.5.3.1 Associate Group - Is a stand-alone independent group
that has associated itself with TAWI for support and other
ancillary benefits. The group has full voting rights through
its nominated representative and each vote cast is counted
as two where the membership of the group is fewer than ten
and three when it is larger than ten. The group must meet
all the requirements of member organisations. The group may
be of any format and is fully responsible for it's own management
and decisions. The group may be a business.
6.5.3.2 Affiliate Group - Is a group that was an Independent
group and has affiliated and become a local branch of the
TAWI. The group originally purchased its assets from its own
funds. The group has voting rights through its nominated representative.
The group must meet all the requirements of member organisations.
The group is a part of TAWI and therefore fully responsible
and accountable to TAWI. It may have The Ancient Way Inc in
its title and referred to in it's accounts.
Affiliation is only available to a group that is not incorporated.
Affiliation has conditions.
6.6 Membership on The Grand Council of Elders is open to a
select number of people.
6.6.1 The Elders are:
a) The founding members of the Organisation
b) The Council members for member organisations will be the
chief office holders (2) of their parent organisation (or
their properly nominated proxy) and have full authority to
represent their organisations in fulfilling the terms of reference
for TAWI
c) Any other member of the community who is deemed to have
performed a service for the community and/ or is held in high
regard and who is voted into the position by the majority
of the existing Council.
6.7 Resignation
6.7.1 A member may resign from membership
of the Group by giving written notice there of to the chairperson,
the secretary or public officer of TAWI.
6.7.2 A member of the online community
may resign from membership by removing themselves from the
mailing list.
6.7.3 Any member so resigning shall
be liable for any outstanding monies owed and or any assets
held, which shall be recovered as a debt due to TAWI.
6.8 Expulsion of a Member
6.8.1 Subject to giving a member
an opportunity to be heard or to make a written submission,
the Council may resolve, by a clear majority vote, to expel
a member upon a charge of misconduct detrimental to the interests
of the Group.
6.8.2 Particulars of the charge
shall be communicated to the member at least one week before
the meeting of the Council at which the matter will be determined.
6.8.3 The determination of the Council
shall be communicated to the member, and in the event of an
adverse determination the member shall, subject to section
6.8.4, cease to be a member 14 days after the Council has
communicated its determination to the member.
6.8.4 It shall be open to a member
to appeal to the Council in general meeting against the expulsion.
The intention to appeal shall be communicated to the chairperson,
the secretary or public officer within 14 days after the determination
of the Council has been communicated to the member.
6.8.5 In the event of an appeal
under subsection 5.6.4 the appellant's membership of the Group
shall not be terminated unless the determination of the Council
to expel the member is upheld by the members of TAWI in general
meeting after the appellant has been heard by the members
of the Group, and in such event membership will be terminated
at the date of the general meeting at which the determination
of the Council was upheld.
7. COMMITTEE:
7.1 The affairs of the TAWI shall
be managed and controlled by the Grand Council of Elders which
in addition to any powers and authorities conferred by this
constitution, may exercise all such powers and do all such
things as are within the objects of the Group, and which are
not by the Act or by this constitution required to be done
by the Group in general meeting.
7.2 The day to day running and function
of the TAWI shall be overseen by a Committee. The Committee
shall have authority to interpret the meaning of this constitution
and any other matters relating to the affairs of the Group
on which this constitution is silent and to submit these interpretations
to the Council for approval. This approval will be obtained
by a clear majority vote.
7.3 The Committee shall comprise
of:
(I) Chair appointed from the member representatives, required
to chair meetings convened. The Chair holds deciding vote
in a tie.
(ii) Deputy Chair appointed from the member representatives,
required to chair meetings convened when the Chair is unavailable
to do so.
(iii) Secretary appointed from the member representatives
to prepare the agenda, takes complete and accurate minutes
at all convened meetings and prepare letters as required by
the Committee. Minutes are to be sent to all committee members
and a paper copy and a digitised copy kept.
(iv) Treasurer appointed from the member representatives to
maintain the financial records of the Organisation.
7.3.1. These positions shall be
filled by members of the Grand Council, with ordinary members
open to fill up to four other positions.
7.3.2 These four positions are not
be held by two representatives from the same Member Community.
7.3.3 Other committee positions
could be Environment Officer, Publicity Officer, Entertainment
Officer, Fundraising Officer and Records and Resources Officer.
These would all be responsible for running sub-committees
in their chosen field. These will be selected by the Council
prior to any vote at any given AGM.
7.4 The Council shall appoint a
Public Officer as required by the Act. The Public Officer
will be a member of the Council. The Public Officer can sit
on the Committee. This position is permanent until such time
as the member resigns from the position, becomes deceased,
by their actions bring the position and/or the Organisation
into disrepute, or are charged with a serious criminal conviction
making them ineligible.
7.5 The Committee shall meet at
least once each month during the financial year. This meeting
can occur online with all members present as long as the secretary
keeps a record of the meeting in printed form. An online forum
or other such conferencing technology will be utilised and
set up for this purpose.
7.6 Any member of the Committee,
excluding the Public Officer (see 7.4), shall cease to be
a member of the same upon any of the following happening:-
(I) He/ she submits in writing, his/her resignation to the
Secretary and the Council.
(ii) He/ she is absent from three consecutive Committee Meetings
without leave of absence being granted by the Committee.
(iii) He/ she cease to be a member of the Group.
7.7 The Committee shall have the
power to fill any vacancy occurring on the Committee provided
that such appointment is ratified by a clear majority vote
in a meeting of the TAWI Grand Council, to be held within
one month of such appointment being made.
7.8 The Committee shall have the
power to appoint from time to time such officers and sub-committees,
as it deems necessary. The duties of such officers and sub-committees
shall be defined by the Committee in consultation with the
Council to which the said officers and sub-committees shall
be responsible.
8. AUDIT
8.1 TAWI accounts will be audited
every year as required by Taxation legislation.
9. FINANCE:
9.1 There shall be one account in
the name of The Ancient Ways Inc. at the Australian Central
Credit Union. The account shall be as specified by the Council
and there shall be no other account. All funds of TAWI shall
be kept in the Group's bank account and allocated and/or appropriated
only with the approval of the Council.
9.2 The Council member in the role
of Treasurer shall keep proper books of account for the Group
and shall prepare such statements of the Group's financial
affairs as are required by law and any other additional financial
records as the Committee directs. The Treasurer shall send
a report of TAWI's books to all members of the Council at
the end of every three months.
9.4 The financial year of the Group
shall be from the 1st July to the 30th June.
9.5 The Treasurer shall prepare
a report of the TAWI's books at the close of the Organisation's
financial year that shall be duly audited by a Council member
appointed by the Council for such a purpose.
9.6 The Bank Account shall be so
structured as to require "any two" signatures for
each expenditure from the account, with the authorized signatures
being those of the Treasurer, Chair, Deputy Chair, and Secretary
10. ANNUAL GENERAL MEETING:
10.1 There shall be an Annual General
Meeting of the Organisation to be held once each year to:
a) Receive a report from the Council,
b) To hear detailed reports from the Committee,
c) Receive the audited statements of the financial affairs
of the Organisation for the previous year, elect the Committee
for the coming 2 years, discuss plans for the future and progress
so far and conduct such other business as is properly brought
before the meeting.
10.2 The Council member in the position
of Secretary shall give fourteen days notice of the Annual
General Meeting by means of an advertisement published online
and via post so as to be received 14 days prior to the date
of the Annual General Meeting.
11. GENERAL MEETINGS:
11.1 The Secretary shall convene
a General Meeting of the Group:
(I) at the direction of the Council,
(ii) or as required by the Committee,
(iii) within fourteen days of a petition signed by one-third
of the total membership or ten members of the TAWI, whichever
is the greater; provided that such a petition shall state
the business to be discussed at the General Meeting.
11.2 The Secretary shall give seven
days notice of a General Meeting by email to all members and
by post to those on the mailing list.
11.3 A general meeting may be conducted
online in a chat forum
12. VOTING:
12.1 The Chairperson at each meeting
of the Group shall be the Council member in the position of
Chair, the Deputy Chair in absence of the Chair, or another
Council member elected by the meeting.
12.2 Persons eligible to vote shall
be:
(I) at Committee meetings, members of the Council and the
Committee,
(ii) at General and Annual General Meetings, those members
of the Organisation with voting rights present.
12.3 The Chairperson of each meeting
of TAWI shall have a deliberative vote only.
12.4 All questions before meetings
of TAWI shall be determined by a simple majority of those
voting except where stated otherwise in this constitution.
13. QUORUMS:
13.1 The quorum for a Committee
Meeting shall be half plus one of the Committee.
13.2 The quorum for General or Annual
General Meetings shall be one-third of the total membership,
or a minimum of ten members if the paid membership of the
Organisation is less than 25; provided that for a General
Meeting called under clause 11.1 (iii) of this constitution,
the quorum must include at least fifty percent (50%) of the
petitioning members.
14. ALTERATIONS TO THIS CONSTITUTION:
14.1 The procedure for altering
this constitution shall be:
(I) the proposed amendments shall
be set out in full and posted on a website and emailed to
all members at least fourteen days before the General Meeting
at which they are to be discussed.
(ii) The amendments shall be agreed
to by at least two-thirds of the members of those Group members
who are present at the Annual/General Meeting at which such
amendments are discussed.
(iii) All amendments shall subsequently
be approved by the Grand Council at a separate meeting.
15. THE SEAL
15.1 The Group shall have a seal
known as the logo upon which its corporate name shall appear
in legible characters. This will be the Ancient Oak of Wisdom
over the Celtic Knotwork and incorporate the words "The
Ancient Ways Inc." and the acronym "TAWI".
15.2 This logo is the property of
TAWI and copyright shall be held by the Organisation.
15.3 The seal shall not be used
without the express authorisation of the Council, with such
use to be documented, and every request for use of the seal
shall be recorded in the minutes of the Committee. This includes
keeping a record of all websites that use the logo or banner
to link to the site of the Organisation.
15.4 The approval to use the seal
shall be authorised by any Council member as long as it's
use is within the guiding principals of the Organisation.
16. THE WEBSITE
16.1 There shall be a website set
up at the domain http://ancientways.org.au by the founding
members.
16.2 The website shall be the property
of the Organisation.
16.3 The website shall be used to
promote the aims and objectives of the organisation and further
the knowledge base of its members and the wider community.
16.4 All contents shall be approved
by the Council with the Public Officer having the right to
veto anything deemed to be at odds with the nature and ethics
of the Group, containing offensive language, or otherwise
deemed inappropriate. It will not contain any racial, bigoted,
discriminatory matter and will not be used as a medium to
further any individual political agenda. It will not contain
any pornographic or illegal data.
16.5 A webmaster/ artist will be
appointed by the Council and may be given remuneration for
any work. The webmaster/ artist will answer to the Council.
16.6 The Organisation will own copyright
of all material on the website however copyright of their
own intellectual property will be retained by the original
artists and authors.
16.7 The website will always contain
the Ethos of the Organisation and the Declaration of the Rights
of the Child Proclamation (November 1959)
17. WINDING UP/ DISSOLUTION
17.1 The TAWI may be wound up or
dissolved in the manner provided for in the Act.
17.2 At the winding up or dissolution
of TAWI the assets of TAWI are not to be acquired by any of
the members and where possible should be returned to the original
source.
17.3 If after winding up of the
Group there remains 'surplus assets' as defined in the Act,
such surplus assets shall be distributed to another Pagan
or similar community as agreed by the closing members at the
time of dissolution; proper record must be made of this transfer.