Becoming an incorporated association

[Chris Fryer]

For us to continue using the RTTF we need to become an incorporated body which will protect us from being personally liable If something goes wrong while also enabling us to get insurance easier or apply for grants etc.

Becoming incorporated is fairly easy and cheap. 

1. We need at least five members.

2. In order to incorporate, the association must hold a meeting to vote on whether to do so. All members must be given at least 21 days notice of the meeting.

3. We agree on the rules for MESH. Consumer Affairs Victoria provide model rules that you can choose to modify, although we do have to do decide on a name and our purpose which goes into the document regardless. If we choose to use unmodified model rules its $33.10, If we choose to modify it will cost $192.00 as someone would need to read through it and check if it complies with regulation. I have read the rules cover to cover and I think we should go with the unmodified rules. It already account for technological developments that allows committee members to not actually be physically present during meetings.

4. We need vote for somebody to who actually registers the application, the 1st secretary. We also vote for the rest of the committee.

5. We hold our first Annual General meeting.

6. Party!

I think we should all read the rules even if we don't plan on being a committee member.

Link to the model rules:

http://www.consumer.vic.gov.au/library/forms/clubs-and-not-for-profits/incorporated-associations model-rules-for-an-incorporated-association.doc

A full list of what we have to do:

http://www.consumer.vic.gov.au/clubs-and-not-for-profits/incorporated-associations/become-an-incorporated-association/register-as-an-incorporated-association

[Chris Fryer]

I have also been working on what we should put in as the purpose as the "unmodified" version of the model rules needs it:

"Melbourne Eastern Suburbs Hackers Incorporated exists to support a growing DIY community in the eastern suburbs of Melbourne. Our meetings allow people from many different backgrounds to develop cross discipline projects, collaborate and learn together. Our major goals are to create a sense of community and make an open, safe and secure environment for people to learn and have fun. Our members are free to collaborate or to pursue solo projects. Melbourne Eastern Suburbs Hackers will also work with other like-minded organisations to run events such as a Makerfare. Our group supports open-­source hardware and software licensing and standards."

Edit away!

[David Payne]

Any Hacker/Maker SPACE should probably have some rules that address matters the standard ASSOCIATION rules don't cover;- such as fair usage,commercial use, safety rules, conduct etc.

Do you intend to have them separate from the rules (& therefore conditions of membership) of the association?
This seems to me the way to go since there may be different rules for different spaces used by the association but will how will they be enforced if necessary?

Given the lengthy appeal process etc. removing someone's membership will not be undertaken lightly.
I guess I should look at the rules again (it's been over a month?) but as I recall the association can fine members for breach of the rules OF ASSOCIATION. What about other rules?

[David Payne]

I came to this thread to point out that a meeting tomorrow night in Park Orchard has been announced at the Meetup thingo .
The purposes are apparently "Forming a committee and discussing model rules"

I suspect the committee technically won't be "formed " at that meeting but I could be wrong. It seems there has to be an association to vote to incorporate itself. That association may have a committee & maybe the committee can be formed however it decides. It's all a bit weird for me since an unincorporated association is sometimes described as  having no official existence. Like a collection of un-alive chemicals becoming life. After a vote.

[David Payne]

Neither of the links to the model rules worked for me. And now that I think about it, it was the new Act I skimmed through relatively recently. I haven't looked at Model Rules or the Regulations this millenium. I can only stand little doses of Vogon Prose or I lose the will to live!

[Chris Fryer]

If you go to the Consumer affairs Victoria website and then go to the clubs section its not that hard to find. You could also try doing a search on Google for "Consumer Affairs Victoria Model rules."

Sorry for the confusion, but I screwed up and we actually need 21 days from the announcement of the incorporation meeting to the meeting itself - so from what I understand, we can't become incorporated yet - until the second week of September. I've wanted to try to become incorporated ASAP so we can continue meeting at RTTF and get insurance etc. Maybe we just need to slow down a bit till everyone is on the same page.

Hopefully we can thrash out a clear way forward tonight,

- Chris

[oscar...@gmail.com]

David from my understanding, as we will not be an association until we actually register and are granted incorporation we can run a 'working' committee to that end. To incorporate we need a minimum of 5 members (min 4 committee members) and then we would run a general meeting and put all positions up for vote once we are incorporated and still at that point the amount of committee members is flexible as long as we cover the required positions as set out in the rules of association.

Rules of Mesh members are distinctly different from the rules of incorporation which are there to act as a legal corporate framework in the govt eyes and allow us to set up banking,gain insurance, etc and allow some indemnity as long as the rules are adhered to. Any other rule we make and vote on as paid up members of a group are for the smooth running of the group and take away any ambiguity of social, ethical, fair use, safety requirements etc.