The GOCMV Memorandum and Articles of Association
The GOCMV Memorandum and Articles of Association
COMPANIES ACT 1938.
MEMORANDUM OF ASSOCIATION
The Greek Orthodox Community of Melbourne and Victoria
1. The name of the Company is “THE GREEK ORTHODOX COMMUNITY OF MELBOURNE AND VICTORIA” (hereinafter called The Community).
2. The objects for which the Community is established are:
(a) To bring together the adherents of the Greek Orthodox Denomination in the City of Melbourne and elsewhere for the better propagation, observance, and performance of the religious tenets, teachings, rites, and ceremonies of that denomination and to provide facilities in the City of Melbourne and elsewhere in the State of Victoria for public worship and religious instruction and ceremonies pursuant to the rites of the Greek Orthodox denomination and to establish and facilitate and encourage the establishment of such religious educational and charitable institutions as may conduce to the attainment of the objects of the Community.
(b) The following declarations set forth the Fundamental Doctrines on which members of this Community are agreed and are associated together for religious purposes:
(i) They hold and will continue to hold the faith of Our Lord Jesus Christ as taught in the Holy Scriptures and held by the Greek Orthodox Denomination and affirmed by the Oecumenical Synods of the denomination and in particular set forth in the decalogue and the creed known as the Nicene Creed and affirmed by such Synods.
(ii) They receive and will maintain the doctrine Sacraments and discipline of Christ as the same are contained and commanded in the Holy Scriptures and as set forth in the standards of faith and doctrine of the Greek Orthodox denomination.
(iii) They disclaim the right of altering any of such standards of faith and doctrine Provided always that nothing herein contained shall prevent the acceptance by this Church by resolution adopted at a general meeting thereof and with the sanction of the Spiritual Head of this Church as hereinafter defined of any alterations in the formularies of such denomination which may be adopted or allowed by any Oecumenical Synod or properly constituted Council or Assembly or other proper authority in such denomination or shall prevent this Church from making at any time by resolution adopted at a general meeting and with the sanction of the Spiritual Head of this Church such adaptations and abridgements of the formularies of such denomination as may be necessary or convenient having regard to the circumstances of this Church and shall be consistent with the doctrine and character of such denomination.
(iv) They re-affirm that upon the foundation of this Church in the year 1902 the Holy Synod of Athens was recognised by this Church as the Spiritual Head thereof and that it has always been the desire of the members of this Church that the Holy Synod of Athens should always be such spiritual head.
(v) In obedience to the directions and commands of the Holy Synod they now recognise the Patriarchate of Constantinople as the Spiritual Head of this Church so long as the said Holy Synod is unwilling to act in that capacity but declare that the said Holy Synod shall again become the Spiritual Head of this Church upon its signifying its willingness so to act to the members of this Church.
(c) To provide for such purposes premises equipment and other amenities for the members of the Community.
(d) To promote safeguard and protect the education and vocational training of children of members and of members themselves.
(e) To acquire take over and accept whether by way of gifts, purchase or otherwise all assets and undertaking of the now unincorporated Greek Orthodox Community of Melbourne and Victoria and to carry on the work and activities thereof and to accept and undertake all the liabilities thereof.
(f) To enter into such agreement for the purpose of carrying the above objects into effect as may be necessary or proper.
(g) To purchase, hire, lease or otherwise acquire for the purposes of the Community all real or personal property and from time to time sell, demise, let, sub-let, mortgage, encumber, or dispose of the same.
(h) To erect, maintain, improve, alter, or demolish any buildings for the purposes of the Community.
(i) To borrow or raise money on overdraft or in any other manner that the Community may determine and in particular by the issue of or upon debentures bonds, bills of exchange, promissory notes, or other obligations or securities of the Community or by mortgage or charge of all or any part of the property of the Community.
(j) To co-operate with any other corporation or community having objects similar to those of this Community in any co-operative action having as its objects the welfare of our people.
(k) To collect and receive money or articles by voluntary contributions, subscriptions, donations, legacies, and payments by persons, companies, public bodies, for the purposes of the Community.
(l) To organise, conduct, control and manage or assist in the organisation conduct, control and management of any entertainment, concert, display or other means of raising or producing money or articles by voluntary contributions, collections, donations or payments and to expend, apply and distribute such money or articles upon the objects and purposes of the Community.
(m) To indemnify any member in respect of any liability incurred in any act or omission for the benefit or at the request of the Community.
(n) To invest and deal with the moneys of the Community not immediately required upon fixed deposit in any savings bank or trading bank in Victoria or in any other securities and in such manner as the Community may from time to time determine.
(o) To provide financial assistance to poor members and support financially and morally any young people for scientific or technical education provided they fulfil the requirements of the General Committee and are approved by the members in General Meeting.
(p) To do all such things as are incidental or conducive to the attainment of the above objects or any of them.
(q) None of the foregoing sub-clauses nor the objects therein specified shall be deemed subsidiary or auxiliary merely to any other object but each part shall be construed so as to expand and not limit the objects and powers of the Community.
3. The liability of the members is limited.
4. The income and property of the Community whencesoever derived shall be applied solely towards the promotion of the objects of the Community and no portion thereof shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise howsoever by way of profit to the members of the Community Provided that nothing herein contained shall prevent the payment in good faith of remuneration of any Priest, officer, servant or member of the Community or other person in return for any service actually rendered to the Community nor prevent the payment of any interest at a rate not exceeding Five pounds per centum annum at the time the money was borrowed from or lawfully due to any member of the Community.
5. Every member of the Community undertakes to contribute to the assets of the Community in the event of the same being wound up during the time that he or she is a member or within one year afterwards for payment of the debts and liabilities of the Community contracted before the time at which he or she ceases to be a member and of the cost, charges and expenses of winding up the same an for the adjustment of the rights of the contributories amongst themselves such amount as may be required not exceeding one dollar.
6. The place in Victoria in which the registered office of the Community is proposed, to be situated is in Melbourne.
7. If upon the winding up or dissolution of the Community there remains after the satisfaction of all debts and liabilities any property whatsoever the same shall not be paid to or distributed amongst the members of the Community institutions having objects similar to the objects of the Community or other charitable objects and purposes and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on the Community under or by virtue of the Fourth paragraph hereof. Such institution or institutions shall be determined by the members of the Community at or before the time of dissolution or in default thereof by such Judge of the Supreme Court of Victoria as may have or acquire jurisdiction in the matter.
8. True accounts shall be kept of the sums of money received and expended by the Community and the matter in respect of which such receipt or expenditure take place and of the property credits and liabilities of the Community and subject to any reasonable restrictions as to time and manner of inspecting the same that may be imposed in accordance with the regulations of the Community for the time being shall be open to the inspection of members. Once at least in every year the accounts of the Community shall be examined by one or more properly qualified auditor or auditors.
We the several persons whose names and addresses are subscribed are desirous of being formed into a Company in pursuance of this Memorandum of Association.
COMPANIES ACT 1938
ARTICLES OF ASSOCIATION
The Greek Orthodox Community of Melbourne and Victoria.
1. For the purpose of registration the membership of the Community is declared to be one thousand but the General Committee may whenever they think fit register an increase of members.
2. The Regulations contained in Table C of the Second Schedule to the Companies Act 1938 shall not apply to this Community but the following Articles shall be the Regulations of the Community.
3. The signatories to the Memorandum of Association and these Articles and the persons referred to in Articles Four hereof shall be the members of this Community.
4. Membership of the Community shall be confined to Greeks and to persons born of Greek parents or having a Greek mother or father and the descendants of such persons who are adherents to the teachings of the Greek Orthodox denomination and are of the age of 18 years or over. Other persons who are adherents to the teachings of the Greek Orthodox denomination shall be entitled to take part in the religious rites and ceremonies of the Church but only persons who are members of the Community shall, subject to the provisions hereinafter contained, be entitled to hold office, vote at meetings or otherwise take part in the management and control of the affairs of the Community.
5. Any person falling within the class or persons to which membership of the Community is confined by Article 4 may forward to the Secretary an application for membership in writing in such form and containing such particulars as the Committee may determine. The Secretary shall place each such application before the Committee at the first meeting to be held after the receipt of such application. The Committee shall determine whether such person shall be admitted as a member of the Community and upon the Committee determining that such person is to be admitted the Secretary shall enrol him accordingly. The Committee may refuse to admit any person falling within the said class without giving any reason for such refusal.
6. Every member shall pay a regular annual subscription of twenty (20) dollars, and ten (10) dollars for concession card holders, payable in advance on the 1st day of January in each year.
7. Any member in arrear with his regular annual subscription for a period of six months and who has been notified that he is so in arrear by notice in writing from the Secretary may unless payment is made within one month of such notification be struck off the roll of members by order of the Committee and thereafter such member shall cease to be a member of the Community. Any member so struck off the Roll of Members may however make a fresh application for membership in writing and upon the Committee determining that such person is to be readmitted the Secretary shall re-enrol him accordingly. The Committee may in considering any such fresh application remit the whole or any part of any arrears of subscription accrued due prior to the date of such fresh application.
8. Any member may resign his membership of the Community by notice in writing in that behalf addressed to the Secretary.
9. No member shall be entitled to vote at meetings or elections or otherwise take part in the management and control of the affairs of this Community who has not been enrolled as a member for a period of not less than six months or whose subscription is in arrear.
10. (a) The Committee may expel from membership of the Community or suspend from membership of the Community for such period as it may in its discretion determine any member:
i Who disobeys any provision of the Memorandum or Articles of Association of the Community or any by-law made thereunder or any resolution of the Community or the Committee duly passed thereunder, or
ii Who is convicted of any felony or found to have committed any fraud by any Court of competent jurisdiction, or
iii Whose conduct is in the opinion of the Committee injurious to the welfare and interests of the Community
(b) Any member so expelled or suspended may give notice in writing to the Committee within fifteen days after being notified of the decision of the Committee to expel or suspend him of this intention to appeal to the next General Meeting of the Community. Such notice shall be handed to the Honorary General Secretary or President personally within the said period of fifteen days. Such appeal shall be dealt with at the next General Meeting of the Community called after the receipt of such notice by the Honorary General Secretary or President.
(c) At the General Meeting at which such appeal is dealt with a majority of members present and voting at such meeting may confirm vary or set aside the decision of the Committee.
11. The general management of the affairs of the Community shall subject to the provisions of these Articles be vested in a general committee which shall be elected by the members of the Community every third year after the election of the General Committee to be held in the year 1990. The General Committee shall at all times be subject to the control and directions of the Community in General Meeting and shall comply with all such resolutions as may be adopted from time to time by the Community in general meeting.
12. The Committee shall consist of 19 members including the President who shall elect from among their number a Vice President, Secretary, Assistant Secretary and Treasurer.
13. The General Committee shall be elected every third year from and including the year 1990 and the elections shall take place not later than the month of November in the year in which the elections are to be held.
14. In the year in which elections are to be held nominations of candidates for election to the General Committee must be made in writing signed by two nominators both being financial members who have been enrolled not less than six months. No nominations shall be accepted unless accompanied by a signed declaration by the candidate concerned accepting nomination. Each nomination must be received at the Registered Office of the Community not later than 5 o’clock in the afternoon on the day preceding the Annual General Meeting (herein after called the Date of Nomination). Retiring members of the Committee shall be eligible for nomination. No member shall be eligible for nomination who is not financial at the date of nomination or who has not been enrolled as a member for at least twelve months prior to the date of nomination. If the number of nominations received do not exceed the number of nineteen then those members nominated shall be declared duly elected and shall take office forthwith.
15. At the annual general meeting at which nominations exceed the number of members to be elected an election committee shall be appointed. The said election committee shall consist of nine members who are qualified for nomination to but are not candidates nominated for the General Committee. Each candidate shall be proposed by at least two members and accepted as a candidate for the election committee by a majority of the members present and voting at such meeting. In the event of more than nine members being nominated and accepted by a majority of the members present and voting as aforesaid a ballot shall be thereupon held for the election of such election committee and the nine candidates securing the largest number of votes shall constitute the election committee.
16. The Election Committee shall make all necessary preparations for the election of the General Committee. The election shall be conducted between the hours of 9 a.m. and 8 p.m. on such date and such place as may be fixed by the Election Committee and notified to members by notice posted at the Churches and published in at least two newspapers published in the Greek language and circulating in Melbourne not less than fourteen days prior to the date fixed for the election. Questions arising at any meeting of the Election Committee shall be decided by a majority of votes and in case of an equality of votes the Chairman shall have a second or casting vote. The Election Committee shall appoint one of their members to be Chairman of the Election Committee.
17. The election committee shall cause ballot papers to be printed containing in alphabetical order all the names of the candidates and a square shall be printed opposite each name. Each voter shall place a cross in each of the squares opposite the names of the candidates for whom he wishes to vote and shall vote for nineteen candidates and no more.
18. Upon the date appointed for the election, the Election Committee shall supervise the conduct of the election and issue the ballot papers to members qualified to vote. At the close of the poll the Election Committee shall open the ballot boxes and count the votes rejecting such ballot papers as the Election Committee may declare to be informal. The nineteen candidates who receive the largest number of votes shall be declared elected by the Election Committee. In the event of two or more candidates receiving the same number of votes for the nineteenth position the Election Committee shall conduct as soon as possible a ballot in the presence of these candidates to decide which of these candidates shall be declared elected to that position. A proper record of the results showing the names of the candidates and the total number of votes polled by each of them and the number of informal votes shall be posted within seven days of the election at the offices of the Community and/or such other place/ or places as the General Committee may direct and left posted there for a period of not less than fourteen days.
In addition the Election Committee shall cause such record to be published in any of the newspapers published in the Greek language and circulating at Melbourne as soon as possible after the declaration of the elected candidates. Each candidate or his agent duly authorised in writing shall be entitled to be present at the counting of votes by the Election Committee.
18. (a) Any member desiring to lodge a complaint alleging any irregularity in the conduct of the elections or the counting of votes shall do so by delivering to a member of the Election Committee a signed statement in writing setting forth such allegations together with Statutory Declarations verifying the same, within nine days from the date of the Election.
(b) If such signed Statement in writing together with the verifying statutory declarations are delivered to a member of the Election Committee pursuant to paragraph (i) of this Article, within the prescribed time, the Election Committee shall as soon as practicable deliver the same to the President of the Community who shall forthwith summons a joint meeting of the Retiring General Committee and the Election Committee to consider such allegations. The joint meeting called as aforesaid shall by a simple majority decision decide either to direct the Election Committee to proceed pursuant to Article 19 of these Articles or to call a General Meeting of the members of the Community to be held within one month from such joint meeting for the purpose of considering the allegations and
(i) giving directions to the Election Committee; or
(ii) cancelling the Election and taking such steps as the meeting shall think fit to discharge the Election Committee and elect a new Election Committee; or
(c) If such a signed statement in writing together with the verifying Statutory Declaration are delivered to a member of the Election Committee as afore said within the prescribed time the Election Committee shall not proceed under Article 19 of these Articles until it has received a direction to do so from either the joint meeting of the General Committee and the Election Committee or from the General Meeting of the members of the Community called pursuant to this article.
(d) In the event of there being an equality of voting on any resolution submitted to such joint meeting of the General Committee and the Election Committee held pursuant to this Article the President shall have a casting vote.
19. Not less than fourteen days after the election committee shall convene a meeting of the new committee at such time and place as it deems fit and cause written notice thereof to be sent to the members of the new committee not less than seven days before the time fixed therefor. As from the date fixed for such meeting the old committee shall cease to function and the new committee shall be deemed to be duly installed.
20. The General Committee shall meet regularly once at least in every month on a day to be appointed by each general committee from time to time. Six members shall constitute a quorum. Special meetings may be convened by the President whenever he shall deem it necessary so to do and such shall be so convened upon a requisition in writing from not less than four (4) members of the committee. The Secretary shall at least seven days before any special meeting of the Committee give to each member of the Committee notice in writing of the time and place of such meeting.
21. In the event of any member of the General Committee absenting himself from three consecutive meetings of the General Committee without leave of such committee the General Committee may by resolution declare his office vacant and thereupon he shall cease to be a member of the General Committee. Any member of the Committee may at any time retire therefrom by giving the Secretary notice in writing to that effect.
22. Vacancies arising by reason of the death or resignation of any member of the Committee or by reason of a resolution pursuant to clause 21 hereof or arising from any other reason shall be filled by the Committee from time to time from among the candidates at the election of the then existing general committee who were not elected as or have not been subsequently appointed members of the General Committee. The candidate who secured the largest number of votes at the said election among such of the said candidates as are willing to fill such vacancy shall be appointed. Subject to the provisions of Article 18 in the event of two or more candidates next in line for the Committee having polled the same number of votes at the elections the General Committee shall choose by resolution which of these candidates shall fill the vacancy. In the event of there being no such qualified candidate willing to fill the vacancy the Committee shall have power to appoint any member of the Community who is qualified for nomination to the Committee and who consents thereto to fill the vacancy. Any member who shall become a member of the Committee pursuant to the provisions of this Clause shall hold office for the remainder of the term of the then existing General Committee.
24. The President or any other member of the General Committee upon violation of any Article of this Constitution shall automatically cease to be a member of the General Committee but he shall have the right of appeal however at an extraordinary meeting of the General Committee which shall approve or dismiss the appeal.
25. The President and the members of the General Committee must respect and subject themselves to the laws and constitution of the Country.
26. For any purpose which the present Constitution has not provided the General Committee with the consent of three-fourths of the members in General Meeting can provide, while having been passed in the minutes, have the same effect as any Article in the present Constitution.
27. Each of the following persons shall be ineligible to become a member of the General Committee and if already a member of such Committee shall be disqualified as and shall cease to be a member thereof
i. Any tenant or sub-tenant of the Community and the spouse of any such tenant or sub-tenant.
ii. Any employee (other than an honorary employee) of the Community and the spouse of any such employee.
iii. Any person and the spouse of any person having any interest direct or indirect in any contract with the Community the subject matter whereof exceeds $200 in value and any Director and the spouse of any Director of any company having such interest. Such ineligibility and disqualification shall continue for a period of six months after the termination of the relationship giving rise to the same.
27A. (a) If a member of the General Committee has any direct or indirect pecuniary interest in any contract or proposed contract with the Community or in any other matter in which the Community is concerned, and is present at a meeting of the General Committee or any Sub-committee at which the contract, proposed contract or other matter is being considered, he shall not be eligible to take part in any proceedings of such meeting and he shall at the meeting as soon as practicable after the commencement thereof, disclose his interest, and shall not remain in the room in which the meeting is being held during any consideration or discussion of, or the taking of any vote on any question with respect to, the contract, proposed contract or other matter.
(b) For the purposes of this Article a member shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter, if
i. he is a member or director of a company or other body with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in any other matter under consideration; and
ii. He is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct or indirect pecuniary interest in any other matter under consideration.
(c) In the case of married persons living together or persons living together or persons living in a defacto relationship the interest of one spouse or defacto spouse shall, if known to the other or reasonably ought to be known by the other, be deemed for the purposes of this Article to be also an interest of that other spouse or defacto spouse.
(d) Any member of the General Committee who contravenes this Article shall cease to be a member of the General Committee immediately upon such contravention and shall not be entitled to be a member of the General Committee unless re-elected at any subsequent election of the General Committee.
28. The General Committee may appoint and discharge employees of the Community other than the Priests and may fix the wages and salaries to be paid to employees of the Community. The Priests shall be appointed or discharged by the Members in General Meeting but the General Committee may from time to time fix the salary of the Priest or Priests. The Committee may pay any Priest or Priests such salary as the Committee shall think fit for a period not exceeding six months prior to their appointment or otherwise by the members in General Meeting.
29. The General Committee at its first meeting after election shall elect from among its members a President, Vice President, Secretary, Assistant Secretary and Treasurer who shall respectively hold office during the term of office of the General Committee unless removed from office by a resolution carried by an absolute majority of all members of the General Committee.
30. The President shall if present preside at all meetings of the Community and the General Committee and shall be an ex officio member of all sub-committees and entitled to preside at meetings thereof. In the absence of the President the Vice-President shall preside at all meetings of the Community and the Committee and in the absence of both President and Vice-President the senior member of the Committee present shall preside. The member for the time being presiding at any meeting of the Community or the General Committee shall vote on any matter brought before the meeting and when the meeting is equally divided he shall have a casting vote.
31. The General Secretary shall attend the meetings of the Community and General Committee and take minutes of the proceedings thereat and enter the same in a minute book to be kept for that purpose. He shall also keep the roll of members of the Community and under the direction of the General Committee attend to all correspondence and generally perform such other duties in relation to this Church as the General Committee may from time to time direct.
32. The Assistant Secretary shall in the absence of the Secretary perform the duties of the Secretary and shall at all times assist the Secretary in the carrying out of the duties assigned to him pursuant to this constitution.
33. The Treasurer shall receive the annual subscription of members and all other moneys which may from time to time form part of or be paid or contributed to the funds of the Church and shall sign receipts therefor. All moneys so received by the Treasurer shall be paid by him into the account of the Community at a Bank nominated by the General Committee. Withdrawals from such account shall only be made by authority of a resolution of the Committee or of the Community pursuant of Clause 40 hereof and all cheques shall be signed by the Treasurer and President. The Treasurer shall keep all proper books of account and shall present to the General Committee at least once a quarter a statement of the receipts and expenditure from time to time. He shall also prepare the Annual Balance Sheet and statement of receipts and expenditure for presentation to the Annual General Meeting and perform such other duties as the Committee may from time to time direct.
34. The Committee may from time to time for any purpose it may think expedient appoint such sub-committees composed of members of the Committee or of the Community as it may think fit and delegate to them such powers and duties as the Committee may determine. The decisions of any such sub-committee shall at all times be subject to veto by the General Committee.
35. The annual general meeting of the Church shall be held in the month of September in each year of such time and place as may be fixed by the General Committee for the following purposes
(a) To receive from the General Committee a report balance sheet and statement of receipts and expenditure for the previous financial year.
(b) In each third year from and including the year 1990 to nominate candidates for the committee and if necessary to elect an election committee.
(c) To elect three auditors for the ensuing year.
(d) To decide upon any proposal or matter and transact any other business which shall be duly submitted to the meeting by the Committee or by any member in accordance with this constitution.
36. Notice of the Annual General Meeting and of any Special General Meeting and of the business to be transacted thereat shall be sent to each member not later than seven days before the date of holding the same. The accidental omission to send any such notice to any member (there being no mala fides) shall not invalidate any resolutions passed at such meeting.
37. At the annual general meeting any member may bring before the meeting any subject or proposal which relates to the affairs of the Church provided that not less than seven days before the meeting he shall have given the Secretary notice thereof in writing.
38. The Committee may at any time for any special purpose call a special general meeting of the Church and it shall do so forthwith on the requisition in writing of any fifty members stating the purpose for which the meeting is required. The business to be transacted at such meeting shall be confined to the purposes named in the notice.
39. At all annual or special general meetings fifty members on the roll shall constitute a quorum. In the event of a quorum not being present at any such meeting within Thirty minutes of the time fixed for the commencement thereof the meeting shall be adjourned to such time (not being less than fourteen days thereafter) and place as the members present shall there and then determine. Notice of the time and place at which such adjourned meeting is to be held shall be posted by the Secretary at the Churches of the Community of Melbourne and Victoria within seven days and any number of members present at such adjourned meeting shall constitute a quorum.
40. The financial year of the Community shall end on the 30th day of June in each year to which date the accounts of the Church shall be balanced.
41. At the annual general meeting three members or a qualified Accountant or Auditor shall be appointed auditors for the then current year for the purpose of auditing the Church Accounts. The Auditors shall after the 30th day of June in each year examine the statement of receipts and expenditure and the balance sheet prepared by the Treasurer and verify the same with the accounts and vouchers relating thereto and shall either sign the same as found by them to be correct duly vouched and in accordance with law or shall specially report to the then next annual general meeting in what respect they find it incorrect, unvoiced or not in accordance with law.
42. An Annual report of the condition and general progress of the Community shall be prepared by or under the direction of the Committee and presented to the annual general meeting together with the duly audited statement of receipts and expenditure.
43. The funds of the Community shall comprise
(a) The annual subscriptions paid by members.
(b) All offerings made at Church services (except such as are for purposes other than those of the Church) and all other voluntary contributions and endowments made for the purposes of the Church.
(c) All fees collected for special celebrations or services in the Church such as marriages, baptisms, burials, memorial services, etc., which shall be charged for according to a Schedule of fees to be fixed by the General Meeting from time to time.
(d) The net rents and profits and other moneys arising from any of the property or activities of the Community.
44. The funds of the Community shall be applied in payment of
(a) All such debts and liabilities which may be incurred with the sanction of the General Committee in insuring, maintaining and properly preserving the Community property and in the general management of the Church and Sunday Schools and in connection with all other functions and activities the Community undertakes or in which it is interested provided always that in any one case the individual debt or liability shall not exceed the sum of $5000. The General Committee may also pay from the Funds of the Community amounts not exceeding the sum of $100 in any one instance for the relief of needy members of the Community for any other charitable purpose the General Committee shall think fit.
(b) The salary of the priests of the Community for the time being and from time to time as fixed in accordance with this constitution and all persons employed in any capacity by the Community.
(c) Such other debts and liabilities as may be incurred with the sanction of the members of this Community in general meeting assembled.
45. No part of the real or leasehold property of the Community shall be sold or mortgaged save with the consent of a general meeting of the members of the Community and pursuant to a resolution of not less than two-thirds of the members present and entitled to vote at such meeting.
46. The Community shall from time to time employ priests who shall subject to this constitution perform all such religious rites ceremonies and duties as are ordinarily performed by priests of the Greek Orthodox Church in Greece and perform such other duties as the Committee may from time to time direct.
47. The General Committee shall have the sole responsibility of employing Priests on behalf of the Community but no person shall be employed as Priest who is not of Greek descent and does not speak the Greek language and who has not been ordained as a Priest by a Bishop of the Eastern Orthodox Church.
48. The Priests for the time being and from time to time of this Community shall be paid such salary out of the funds of the Community as may be determined by the members of this Community in general meeting assembled.
49. The Priests are not allowed to criticise the affairs of the Community or express an opinion in favour of or against any political party in this Country.
50. The Priests can absent themselves from their diocese provided they leave a locum tenens and have the consent of the General Committee.
51. Any complaint against a Priest must be submitted in writing to the General Committee and must be signed by the person making such complaint.
52. The General Committee is empowered to obtain a wreath upon the grave of any deceased member and to provide financial assistance to poor members and to support financially and morally any young people to enable them to undertake scientific or technical education provided they fill the requirements of the General Committee and are approved by the members in General Meeting. If the so assisted person is not eligible to be a member his father, if alive, must be a member of this Community.
54. Anyone requiring the services of the Priest except in extraordinary circumstances, such as giving Communion to a dangerously ill person, shall have to contact the Treasurer or his representative when he is absent.
55. Members who are financially unable to pay the fees prescribed for Religious Services will be exempt from such payments upon producing evidence that they are unable to do so. The General Committee having the right of approving or dismissing the application.
56. The financial expenses of a poor member will be paid by the Community.
57. No tray collection for a Priest shall be allowed or permitted in the Church.
58. The fees for Religious, Funeral or Memorial Services and for weddings and christenings shall be fixed by the General Meeting of the members and no other fee is allowed to be collected. An official receipt must be given on all occasions. Priests are required in the absence of the Treasurer to collect all fees payable for any of the above services.
59. The employment of any person as Priest of this Community shall be subject to termination by a resolution to that effect carried at a meeting of the General Committee. Voting on such resolution shall be by secret ballot. The provisions of this and the last preceding clause shall be made part of the Contract of Employment with any person as Priest of this Community either by incorporation or by reference.
60. The provisions of this Constitution (save and except Clauses 3 and 4 which shall be unalterable) may be altered added to or repealed by resolution at any special general meeting carried by a majority of not less than three-fourths of the members present and voting at such meeting.
61. Every member shall from time to time communicate to the Secretary his address which shall be entered in the roll of members and all notices sent by post to the address so entered in the roll shall be deemed to have been duly delivered on the day following the date of posting.
62. The following rules shall be observed at all meetings of the Community.
(a) Any member desiring to propose a motion or amendment or to discuss any matter under consideration shall rise and address the Chairman. The right to speak on any subject shall belong to the member who in the opinion of the Chairman first rises to address him. No member shall speak more than once upon any motion or amendment without the consent of the Meeting save for the purpose of replying pursuant to sub-clause (d) hereof.
(b) Any motion or amendment being not seconded will be dropped without discussion.
(c) Not more than two members shall speak in succession either for or against and question and if, at the conclusion of the second speaker’s remarks no member rises to speak on the other side the motion or amendment shall be put to the meeting.
(d) The mover of any motion or amendment shall have the right to reply, and after he has replied no further discussion shall be allowed.
(e) No member when speaking shall be interrupted unless called to order, when he or she shall sit down, and the member calling to order shall e heard in support of his point, and the chairman may either hear further discussion on the point or decided the same forthwith. Such point shall be decided before the debate is resumed.
(f) Any amendment may be made which proposes the alteration of a motion by leaving out, substituting or adding words thereto. When all amendments have been put to the vote and lost, the original motion shall be put. When an amendment has been carried the amendment shall become the substantive motion. Amendments shall always be put before the substantive motion and only one amendment shall be entertained at one time.
(g) So soon as a debate upon a motion or amendment shall be concluded the chairman shall put the question to the meeting in a distinct and audible manner. The question shall be voted for or against by a show of hands unless secret ballot is deemed necessary by the Chairman.
(h) When the Chairman rises, during a debate the member then speaking shall sit down so that the Chairman may be heard without interruption.
(i) Any question previously dealt with may be reopened or any debate on any motion may be adjourned by a majority of two-thirds of the members present.
(j) No motion or amendment shall be considered unless the mover thereof is present when the motion or amendment is called on
(k) Any member whose right to vote is challenged shall not vote until he satisfies the Chairman that he is entitled to vote.
(l) Voting shall be done by secret ballot whenever a motion to that effect is carried by a majority of two-thirds of the members present or on occasions for which it has been herein especially so provided.
63. The following provisions shall apply until the election of the first committee to be elected under this constitution
(a) The persons at present acting as the Committee of the Community (hereinafter called the present committee) and as office bearers thereof shall continue to so act and shall have all the powers and perform all the duties of the Committee and of their respective officers pursuant to this constitution until the election of a new committee hereunder.
(b) The present committee shall arrange for the holding of a meeting to receive nominations for such new committee and for the appointment of three auditors in the month of November 1948.
(c) Any person qualified to be a member of the Community under this constitution who has duly applied for membership and been enrolled as a member pursuant to the provisions hereof shall be entitled to make nominations at such meeting and to vote at such election.
(d) At the said meeting the Chairman shall call for nominations for the said new Committee. The provisions of Clause 14 hereof shall apply to the reception of such nominations save and except that any of the persons referred to in sub-clause (a) hereof shall be eligible for nomination. An election committee shall also be elected at such meeting in accordance with the provisions of Clause 15 hereof and the election of such new committee shall thereafter be conducted by such election committee in accordance with the provisions of this Constitution relating to the ordinary election of the Committee of the Community. The Committee so elected shall hold office subject to the provisions of this constitution until the election and installation of a new committee in the year 1948.
(e) At the said meeting three members shall also be appointed auditors to hold office until the annual meeting which shall be held in the year 1948. In addition to the other duties vested in them as such auditors under this constitution the said auditors shall prepare and submit to the Committee as soon as practicable after the appointment of such auditors a balance sheet showing the assets and liabilities of the Church as at the date of the coming into operation of this constitution and all necessary books documents and other papers shall be made available for inspection by the said auditors to enable them to prepare such balance sheet.
64. This constitution shall come into operation and be substituted for the Rules of this Church passed on the 31st day of August 1902 or any other analogous rules now applying to this Church upon its adoption by a majority at a meeting of persons who would be qualified to become members of the Community with the right of voting on any matter connected with the Church under the provisions of Rules 1 and 2 of the said rules of this Church passed on the 31st day of August 1902. Such meeting shall be held at such time and place as the present Committee may determine and notice thereof shall not less than seven days before the date fixed therefor be posted at the Church and at the Ulysses Club Melbourne, and the Orpheus Club, Melbourne, and inserted in three Greek newspapers circulating in Melbourne. In the event of the qualification of any person to vote at such meeting being challenged the present Committee shall by a majority determine whether such person is so qualified and such determination shall be conclusive.
65. The General Committee may make By-Laws governing the conduct of all meetings of such Committee and in relation to proceedings in any portion of the property of the Community.
66. No property or assets of the Community shall be sold transferred mortgaged or otherwise dealt with except with the consent of a general meeting of the Community.
67. No part of the real or leasehold property of the Community shall be sold or mortgaged save with the consent of a general meeting of the members of the Community and pursuant to a resolution of not less than two-thirds of the members present and entitled to vote at such meeting.