Until there's a cure ... there's care

Changes to the Rules of the Motor Neurone Disease Association of Victoria

The current rules of the Association were adopted when the Association became an incorporated association in 1985 and met the requirements of the law as it stood at that time.  Since then, new legislation (The Associations Incorporation Reform Act 2012) required that the rules of incorporated associations must deal with particular issues (e.g. qualifications for membership, entrance fees, appointment of ‘committee’ members and record keeping  amongst others) and provided for new rules to be deemed to be automatically included in the existing rules of incorporated associations to the extent that these rules did not cover the ground.

Since the new rules were deemed to be included in the Association’s existing rules, there was no need for the MNDAV Rules to be changed at that time.  In addition, it was not expected that the new requirements would have any practical impact on the Association’s normal operations – which they did not.

However, over the intervening period, it has become apparent that while the day to day running of the Association has not been affected by the 2012 changes, it is, nonetheless, preferable that the MNDAV Rules reflect the actual rules governing the Association, without the need to refer to government regulations which set out the new rules which are deemed to be included in the MNDAV Rules.

The State Council has therefore decided that the MNDAV Rules should be amended to cover those areas where new rules are deemed to apply – so that the MNDAV Rules provide a single reference source.

In addition, State Council has taken the view that since the above changes will need to be put to a General Meeting of members of the Association, it would be a good opportunity to deal with aspects of the existing Rules which need to be updated to reflect changes in the law and available technology as well as changing wording which is unclear, ambiguous or which creates operational difficulty in practice.

To this end, a sub-committee of State Council has been working with the Association’s lawyers, Maddocks, and has identified amendments to the MNDAV Rules which should be made.  These proposed changes can be seen in:

  1. copies of the MNDAV Rules as they currently stand, marked up to show proposed additions and deletions; and
  2. copies of the Rules as they will look after the proposed changes are made.

These are available for review at the Association’s offices in Canterbury Road and on the Association’s website www.mnd.asn.au.  In addition, copies can be obtained by telephoning the Association on (03) 9830 2122 in order to request copies by post or facsimile.  Copies will also be made available for review for 2 hours prior to the start of the Annual General Meeting.

In the view of the Association’s lawyers, the changes are not substantive and do not diminish Members’ rights.

Should members have any queries or concerns relating to any of the proposed changes, they are invited to call Kate Johnson, Chief Executive Officer on (03) 9830 2122.