Membership (Structure/Terms of Office)
The Board of the AMYAC shall comprise 12 persons each of whom shall be elected by AMYAC members for a term of two years.
- An individual is eligible to be appointed a director if they are an individual who is a member of the Corporation. Rule Book 9.2.1 (a)
- Not withstanding rule 9.2.1(a) an individual cannot be a director if he or she has been convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for:
- 3 months or longer if the offence involved fraud or misappropriation of funds; or
- one year or longer in the case of any other offence.
- A conviction referred to in sub-rule (b) does not prevent a person from being a director if:
- at least 5 years have passed since the date of conviction; and
- the person is not serving a term of imprisonment; or
- the person has been granted an exemption by the Registrar of Aboriginal and Torres Strait Islander Corporations.
- An individual who is disqualified from managing Aboriginal or Torres Strait Islander Corporations under Part 6 5 of the CATSI Act may only be appointed, if the appointment is made:
- with permission granted by the Registrar; or
- with leave granted from the Court.
- A member is also not eligible to be appointed a director if any other provisions of the Rule Book prevent such an appointment.
Nomination and appointment of new members
- Prior to each AGM nominations for the election of members to the position of director can be received by the Corporation upon the Corporation calling for such nominations.
- Only AMYAC members whose names are on the Register of Members at the date the elections are called and are eligible for appointment as a director can be nominated for election
- Each nomination must be proposed and seconded by persons whose names are also on the Register of Members at the time the election is called
- Each nominee must declare that they are eligible to be appointed as a director.
- At each AGM there are six (6) positions for director available for election as follows: one (1) senior male cultural advisor; one (1) senior female cultural advisor, one (1) male director, one (1) female director, one (1) male director under 35 years of age and one (1) female director under 35 years of age.
- At each AGM the positions of those 6 directors who have just completed their 2 year term shall expire, but those persons will be eligible to stand for re-election.
Induction of new Board members
New members will be provided with a letter of confirmation of appointment including the following:
- Term of appointment
- Board remuneration
- A Board Governance Charter which will include:
- the Rule Book (Constitution)
- Trust payment Rules
- Code of Conduct
- Information on legal responsibilities of Boards of Management
- Current Strategic Plan
- Structure and Location Chart
- List of current Board members’ names, addresses and phone numbers
- Schedule of Meetings
Office Bearers and their election
The Chairman and Vice Chairman are elected by the Board at the first meeting after the AGM, for a period of one year, and thereafter those persons are eligible for re-election to those positions.
Retirement & re-election of members
In the event of a Board member retiring prior to the termination of the member’s term of office, the procedure for the appointment of a person to fill the casual vacancy is set out in the Rule Book. A person so appointed shall hold office for the unexpired term of the person whose office is being filled.
Board members are eligible for re-election for terms of two years.
Removal of member
In accordance with Clause 9.10 of the Rule Book, the office of a member of the Board shall become vacant under the following circumstances:
- Resignation in writing delivered to the official address of AMYAC or to an Office Bearer of the Board or the Contact Officer (R 9.9);
- Absence from three successive Board meetings without reasonable excuse (R9.10.2 (a));
- By resolution of members at a General Meeting (R9.10.2 (b))
- Disqualification under the CATSI Act.
Board member remuneration and expenses.
Refer clause 19 of The Rule Book
Other expenses directly incurred as a result of Board member duties (car travel, parking, attendance at Board sponsored conferences, workshops or training) may be reimbursed at rates prescribed by the Board.
THE BOARD AND THE AMYAC INDIGENOUS COMMUNITY TRUST
The AMYAC Indigenous Community Trust is a Charitable Trust established under a Deed of Trust with a number of Charitable Objects and purposes such as:
- the relief of poverty, sickness, suffering, destitution, misfortune and helplessness of the Community;
- to provide grants scholarships, bursaries and other assistance (financial or otherwise) for the education, including vocational training and economic and enterprise training of the members of the Community;
- to promote health in the Community;
- to provide for the needs of the elderly and infirm members of the Community;
- to provide cultural and heritage benefits to the Community;
- to provide grants and other assistance for the protection and preservation of the natural environment;
- to provide transport and communication services to the Community;
- to provide for the long term needs of future generations of members of the Community;
- to promote, protect and maintain the traditional laws and culture of the Community;
- to provide assistance to the Community for housing programmes;
- to provide funding for or to implement Community projects, Community facilities and Community activities for the furtherance of these charitable objects and purposes;
to the extent that doing so is charitable at law or is incidental or ancillary to an object that is charitable at law.
Perpetual Private Trustees Limited is currently the Trustee and has powers under the Trust Deed which include investing the moneys of the trust fund and making payments for charitable purposes.
Most of the money paid into the trust fund is money paid to AMYAC as compensation for the loss or impairment of native title due to the actions of mining companies or the State.
The AMYAC directors act as the Advisory Council for the Trust and make recommendations to the Trustee with respect to the distribution of the net income of the Trust Fund for the Charitable objects and purposes.
The Trust Deed contains a Payment Rules Schedule [link]which provides guidelines for the Advisory Council with respect to making recommendations to the Trustee for the distribution of money from the Trust Fund for charitable objects and purposes.
An executive office has been established to administer requests from AMYAC members, including their assessment against the payment rules and the making of payments where approved. MLCS Corporate has been contracted by the trustees to provide this service. Simply called AMYAC Trust the executive service can be contacted by members on tel. 1800 805 756. [link-if required]