Kokatha Abroginal Corporation AGM notice

An Annual General Meeting (AGM) for the members and common law holders of the Kokatha Aboriginal Corporation RNTBC ICN 8093

The meeting will be held on Sunday, December 18 from 9am to 5pm at the Central Augusta Football and Community Sporting Club located on 58 Powerstation Road, Port Augusta.

General

This AGM shall provide Members and Common Law Holders the opportunity to:

  • Find out about the activities, operations and finances of the Kokatha Aboriginal Corporation since the last AGM,
  • Ask questions about the operations and finances of the Kokatha Aboriginal Corporation,
  • Speak about any items on the agenda, and
  • Vote on any resolutions proposed.

No Financial Assistance

There will be no financial assistance for travel nor any other costs to attend this meeting.

Proxy

It has been advised that if you cannot attend the AGM under the Rules of the Corporation you are able to appoint a proxy.

The person you appoint as your proxy must be a member, and your proxy cannot be appointed as a proxy for any more than three (3) members.

A proxy holding appointments for more than three (3) members will not be able to represent additional members at the AGM.

Under the Corporation rules, proxy forms must be returned to the Corporation by mail, or by email at least twenty-four hours prior to the commencement of the meeting. 

The proxy form must be complete including the signature of the person appointing the proxy.

Failure to provide your proxy twenty-four hours prior to the AGM will result in the proxy not being accepted by the Corporation. 

Proxy forms are available at: www.kokatha.com.au or can be requested via email: admin@kokatha.com.au

Appointment of Family Representatives

The Rule Book includes a number of rules that relate to the appointment of Directors of the Corporation.

These rules are to be strictly complied with as they form part of the Rules of the Corporation.

These include:

Rule 7.1:        The Directors shall consist of one member from each of the Family                                                                  Groups nominated in writing by that Family Group following election in accordance with rule 7.4.

Rule 7.4.1:     The Directors referred to in rule 7.1 shall be elected by the members of the respective Family                          Groups at meeting of the Family Groups held at each AGM in accordance with rule 14.4.

Rule 14.4       An election of a Director by a Family Group shall be by a majority vote of those members                                  present and eligible to vote at the Family Group meeting.

It is noted that Rule 7.7 requires that an alternate Director be appointed by the Family Group. The Family Group is required to advise the Corporation in writing of the name of the Alternate Director.

See www.kokatha.com.au for a copy of this notice and supporting materials.

Agenda

Below is the agenda for the AGM  – with the number indication the item’s placement of the list, the description of the item, and those responsible for the item.

1. Registration of Members attending from 9am – Chairperson.

2. Chairperson’s Welcome – Chairperson.

3. Minutes Silence – Chairperson.

4. Apologies – Secretary.

5. Acceptance of previous AGM minutes – Chairperson.

6. Review of actions from previous AGM – Chairperson.

7. Chairman’s Report – Chairperson.

8. Financial Report – Treasurer.

9. Auditor’s Report – Treasurer.

10. Kokatha Pastoral Report – Chairperson.

11. Trustee Report by Kokatha People Native Title Compensation for the Kokatha People Native Title Compensation Charitable Trust (‘the Trust’)

(a)  activities report

(b)  distribution policy

- Chairperson.

12. Absolute Majority Resolution (100%) for the Trust:

Pursuant to paragraph 16 of the Trust Deed it is resolved that the Trust Deed will be varied to delete paragraph 4.2 and amend paragraphs 4.5, 13.1, 13.4,16.3.1 and 16.3.2 in order to remove any reference to paragraph 4.2.

- Chairperson.

13. Special Consent (not less than 66.6%) for the Trust:

Pursuant to paragraph 6.4 of the Trust Deed it is resolved that the members consent to the Trustee adopting the Distribution Policy as defined in paragraph 1.1.8 of The Trust Deed.

Pursuant to 4.5 of the Trust Deed, the members hereby consent to the Trustee applying or appropriating all income accumulated in the Accounting Period ending 30 June 2016 in pursuit of the Charitable Objects of the Trust.

- Chairperson.

14. Benefits

Special Resolution Proposed:

The members hereby consent to benefits being paid to any person appointed as a Director of the Kokatha Aboriginal Corporation from time to time for activities such persons undertake in their capacity as Directors, such benefits being the payment of the sum of $300 per day (or any part thereof).

- Chairperson

15. Consent for Corporation to raise a Security

Special Resolution Proposed:

“The members consent to the Corporation securing the repayment of any money borrowed or raised or the payment of any debt or liability by giving a mortgage, charge or other security upon or over all or any of its property or assets up to the amount of $1M dollars.”

- Chairperson

16. Amendment of the Rule Book of Kokatha Aboriginal Corporation - General

Special Resolution Proposed:

Pursuant to paragraph 17.1 of the Rule Book, section 69-20 and section 69-5 of the Act (as such applies), the members hereby consent to the following alterations to Rule Book of the Kokatha Aboriginal Corporation RNTBC ICN 8093, namely:

(a)  that a new paragraph 3.3 of the Rule Book is inserted in the following terms:

“3.3  The objectives contained in paragraphs 3.1 and 3.2 of these Rules shall also apply to the Expanded Kokatha Lands”

(b)  that a new paragraph 5.6.1A is inserted in the following terms:

“5.6. 1A If a member misbehaves the member can be suspended as a member for a period not exceeding twelve (12) months by resolution of the Directors.”

(c)  that paragraph 5.2.3 of the Rule Book be amended by deleting the existing words contained in that paragraph and instead inserting the following words:

“5.2.3 If the Directors refuse to accept an application for membership, the applicant may give notice in writing to appeal against the Directors’ decision on the ground that the applicant is eligible for membership under Rule 5.1.

In that case, the applicant will be entitled to attend the next general meeting where the members will consider the appeal. If the members grant the applicant membership that decision is final.” 

(d) that paragraph 5.6.1 of the Rule Book be amended by the addition of new sub-paragraph (c), namely

“ (c) their membership is suspended for a period of time in accordance with paragraph 5.6.1A; or”

 (e) that paragraph 5.8.1 of the Rule Book be amended by the addition of a new sub-paragraph (d), namely:

“5.8.1        (d) any suspension that applies."

(e)  that paragraph 7.9. of the Rule Book be amended by the addition of new sub-paragraph (e)

“ 7.9       (e) the Director is suspended; or”

(f)  that paragraph 7.1.2 of the rules be amended by deleting the existing words contained in that paragraph and instead inserting the following words:

“ 7.1.2 The minimum number of Directors shall be three (3) directors and there shall be a maximum of thirteen (13) Directors (including office bearers).”

(g)  that schedule 2 of the Rule Book be amended by the addition of the following new definition:

“Expanded Kokatha Lands” shall mean Kokatha Lands and all those other lands and waters outside Kokatha Lands for which Members may have an interest, whether that interest is a traditional interest or otherwise.”

(h)  that schedule 3 of the Rule Book be amended by replacing the existing list of Family Groups with the following new list of Family Groups, namely:

Family Groups

1. Allen

2. Kite

3. Larkin

4. Turner

5. Reid

6. Smith

7. Fatt

8. Captain

9. Egan

10. Baker

11. Thomas

12. Davis

13. Mary Pupatu”

- Chairperson

17. Amendment of the Rule Book of Kokatha Aboriginal Corporation – errors and omissions  

Special Resolution Proposed:

Pursuant to paragraph 17.1 of the Rule Book and section 69-5 of the Act, the members hereby consent to amend the following paragraphs of the Rule Book by deleting the existing words contained in those paragraphs or subsections of paragraphs (as indicated below) and instead inserting the following words:

(a) in paragraph 4.4 of the Rules by removing the reference to “4.4” in line 4 and replacing it with “4.2”;

(b) in paragraph 5.4(d) of the Rules by removing the reference to “19” in line 2 and replacing it with “18”;

(c) in paragraph 6.5.4 of the Rules by removing the reference to “members” in line 1 and replacing it with “Directors”;

(d) in paragraph 7.2(d) of the Rules by starting “(d)” on a new line;

(e) in paragraph 7.2.2 of the Rules by removing the reference to “one” in line 2 and replacing it with “three” and adding the following words to the end of the paragraph, namely “and if such is not provided in that time the person may not act as a Director until the police check is provided”;

(f) in paragraph 7.4.1 of the Rules by adding a reference after the word “at” in line 2 and the words “or prior to”;

(g) in paragraph 7.4.2 of the Rules by removing the reference to “before” in line 2 and replacing it with the words “within one (1) month of”;

(h) in paragraph 14.1 of the Rules by removing the reference to “18” in line 8 and replacing it with “17”;

(i) in paragraph 19.6 of the Rules by removing the reference to “20.5” in line 1 and replacing it with “19.5”.

- Chairperson

18. Section 19 Disputes raised by Members – Chairperson

19. Expulsion of Member – Chairperson

20. Adoption of New Code of Conduct – Chairperson

21. Election of Director – Chairperson

22. Election of Office Holders of Corporation – Chairperson

23. Any Other Business – Chairperson

24. Date of next meeting and conclusion – Chairperson

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