Far West Coast Aboriginal Corporation Membership

Membership Application Form

Membership Cards – Recognising Native Title Holders

The aim of the card is to recognise FWCAC members as common law holders of Native Title.
All members as at October 22, 2015 were issued a card in the first batch, being presented at the  2014/2015 AGM. There will be additional batches of cards printed annually.
The wording of the card, will point any persons wanting more details, to the FWCAC website, or to
Contact the corporation by phone.

Card wording: I am a common law holder of Native Title of the Far West Coast lands and waters. I have native title rights and interests to use and enjoy these lands and waters in accordance with my traditional laws and customs.

My right to practice my culture is protected by Section 211 of the Native Title Act 1993 (Cth).
Contact FWCAC on 08 86 253 340 or see: http://www.fwcac.org.au/land/native-title/.

For more details please see pages 18 and 19 of the 2014/2015 Annual Report
The link on the card will take the web site viewer to the Extract from the National Native Title Register—under section 10 it sets out the Native Title Rights and Interests.

For information on the Far West Coast Aboriginal Community Charitable Trust.

 

Membership – who can be a member? From the FWCAC Rulebook.

7.1 A person only becomes a member when:
(a) the corporation is registered, as long as the registration complies with the Act;
(b) Members’ names must be entered into the register of members.
7.2 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; and
(d) the person’s name is entered on the register of members.
7.3 Membership of the Corporation is open to all those adult Aboriginal persons who are common law holders.
7.4 A person who wants to become a member must apply to the corporation in writing.
7.5 The procedure for making application to the Corporation to become a member shall be:
(a) a person must make written application to the Corporation’s board of directors for membership; and
(b) the written application must include a statement identifying which apical ancestor or ancestors appearing in Schedule 2 to these rules the person claims descent from and/or the basis upon which they are common law holders;
(c) the written application must include the full name, date of birth (where known) and address of the person;
(d) the written application must include the signature or mark of the person.
7.6 The directors will consider and decide membership applications.
7.7 Applications will be considered and decided in the order in which they are received by the corporation.
7.8 The directors must not consider an application unless:
(a) the applicant applies according to rule 7.4 and 7.5; and
(b) the applicant meets the eligibility requirements of rule 7.3.
7.9 The directors may refuse to accept a membership application even if the applicant has applied in writing and meets the eligibility requirements.
7.10 The directors must notify the applicant in writing of the decision and the reason for it.
7.11 If the directors refuse a membership application the applicant may address the next general meeting provided that the person makes a request in writing prior to the general meeting.
7.12 If the directors or general meeting accepts a membership application, the applicant’s name must be entered on the register of names within 14 days.
7.13 The corporation must not impose fees for membership of the corporation.

8             Rights and Responsibilities

Each member has rights under the Act and these rules including the rights set out below.

8 A member:
(a) can attend, speak and vote at a general meeting of the corporation;
(b) can be elected or appointed as a director;
(c) cannot be removed as a member unless the directors and the corporation have complied with rule 8.26;
(d) can put forward resolutions to be voted on at a general meeting of the corporation;
 (e) can ask the directors to call a general meeting of the corporation in accordance with rule 10.3.2;
(f) can access the following books and records of the corporation:
i. the register of members
ii. the minute books
iii. the corporation’s rule book
iv. certain reports prepared by or for the directors and the corporation, in accordance with the Act (subject to information provided on a confidential basis)
v. all books of account, including all accounting records of the corporation and trust, particularly records of all payments and distributions made by the corporation and trust.
(g) can ask the directors to provide access to any other records or books of the corporation in accordance with rule 16.4.20;
(h) can have any disputes with another member or with the directors dealt with under the process in rule 19.
8.1 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.
8.2 The members are not liable to contribute to the property of the corporation on winding up.
8.3 If the application for registration of the corporation states that members and former members are:
(a) not to be liable to contribute towards the payments of debts and liabilities of the corporation, then they are not liable to contribute.
(b) to be liable to contribute towards the payments of debts and liabilities of the corporation, then they are liable to contribute on that basis.
8.4 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 twenty-eight (28) days;
(c) to comply with any code of conduct adopted by the corporation;
(d) to treat other members and the directors with respect and dignity;
(e) to not behave in a way that significantly interferes with the operation of the corporation or of corporation meetings; and
(f) Attend general meetings and observe appropriate meeting decorum, including the observance of the Chairperson directions at general meetings.
8.5 How a person stops being a member
(a) A member shall cease to be a member:
i. if that member shall die;
ii. if that member resigns from membership;  or
iii. if that member’s membership is cancelled.
(b) A person ceases to be a member when the member’s name is removed from the register of members as a current member of the corporation.
8.6 A member may resign by giving a resignation notice to the corporation.
8.7 A resignation notice must be in writing.
8.8 The corporation must remove the member’s name from the register of current members of the corporation within fourteen (14) days after receiving the resignation notice.

Process for cancelling membership

8.9     The directors may, by resolution, cancel the membership of a member if the member:

(a) is not eligible for membership; or
(b) has ceased to be eligible for membership.

8.10     Before cancelling the membership, the directors must give the member notice in writing stating that:

(a)  the directors intend to cancel the membership for the reasons specified in the notice;
(b)  the member has fourteen (14) days to object to the cancellation of the membership; and
(c)  the objection must be in writing and given to the corporation within a period of fourteen (14) days from when the notice is given.
(d) If the member does not object as set out in rule 8.10 (b) and (c), the directors must cancel the membership.
(e)  If the member does object as set out in rule 8.10 (b) and (c):
i.   the directors must not cancel the membership; and
ii.  only the corporation by resolution in general meeting may cancel the membership.
(f)   If a membership is cancelled, the directors must give the member a copy of the resolution (being either the resolution of the directors or the resolution of the general meeting) as soon as possible after it has been passed.

8.11       Member not contactable

(a) The membership may be cancelled by special resolution in a general meeting if the corporation:
i. has not been able to contact that member at their address entered on the register of members for a continuous period of two years before the meeting; and
ii. has made two or more reasonable attempts to contact the member during that two (2) year period but has been unable to.
(b) The corporation must take all reasonable attempts to provide the member not less than twenty one days’ notice before the date of the general meeting at which the resolution is to be moved, and the member shall be given an opportunity of being heard at the meeting.
(c) If the corporation cancels the membership, the directors must send that person a copy of the resolution at their last known address, as soon as possible after the resolution has been passed

8.12       Member not an Aboriginal person

(a) The corporation, by special resolution in a general meeting, may cancel the member’s membership if the general meeting is satisfied that the member is not an Aboriginal person.
(b) The corporation must take all reasonable attempts to provide the member not less than twenty one days’ notice before the date of the general meeting at which the resolution is to be moved, and the member shall be given an opportunity of being heard at the meeting.
(c If the corporation cancels a person’s membership under this rule, the directors must give that person a copy of the resolution, as soon as possible after it has been passed.

8.13       Member misbehaves

(a) The corporation may cancel the membership by special resolution in a general meeting if the general meeting is satisfied that member has behaved in a way that significantly interfered with the operation of the corporation or of corporation meetings.
(b) The corporation must take all reasonable attempts to provide the member not less than twenty one days notice before the date of the general meeting at which the resolution is to be moved, and the member shall be given an opportunity of being heard at the meeting.
(c If the corporation cancels a person’s membership under this rule, the directors must give that person a copy of the resolution, as soon as possible after it has been passed.
(d) Within fourteen (14) days after the cancellation of membership, the corporation must remove the member’s name from the register of current members of the corporation.
(e) The corporation does not have different classes of members.
(f) The corporation does not have observers.

 

Source: The Rule Book of the Far West Coast Aboriginal Corporation