What Rules Govern CCMS?

What Rules Govern CCMS?

One question that may not be obvious is: where does our Constitution actually fit among all the rules that apply to the Shed?

Not all rules have equal authority. There is a general hierarchy.

1. The Law

At the top are the laws that apply to CCMS.

As a NSW incorporated association, CCMS operates under the Associations Incorporation Act 2009 (NSW) and the associated Regulations.

These laws establish many of the basic requirements for how incorporated associations must operate, including matters relating to committees, meetings, records, finances and constitutions.

No CCMS rule, policy or committee decision can override the law.

2. ACNC Requirements

CCMS is also a registered charity and therefore has obligations to the Australian Charities and Not-for-profits Commission (ACNC).

The ACNC Governance Standards include requirements concerning accountability to members, responsible management and the duties of the people responsible for governing the organisation.

For example, charities with members are expected to give their members adequate opportunities to ask questions and raise concerns about how the organisation is being run.

3. The CCMS Constitution

The Constitution is the principal set of rules that we, as members of CCMS, operate under.

It deals with matters such as membership, the Management Committee, meetings, voting, finances and members’ rights.

Importantly, the Constitution is not simply a guide or a collection of suggestions. For an incorporated association it forms part of the legal framework under which the association operates.

If the Constitution does not deal with something that NSW law requires a constitution to address, provisions of the NSW Model Constitution may in some circumstances apply to fill that gap.

4. By-laws, Codes, Policies and Procedures

Below the Constitution may be more detailed rules dealing with the day-to-day operation of the Shed.

These could include things such as:

a Code of Conduct

workshop and machinery rules

safety procedures

induction requirements

policies for particular Shed activities

administrative or operating procedures.

These rules can provide useful detail, but they cannot override either the law or the Constitution.

5. Other Legal and Contractual Requirements

Depending upon the activity involved, CCMS may also have obligations arising from areas such as:

work health and safety requirements

insurance policies and their conditions

Council leases or licences

grant and funding agreements

privacy requirements

other applicable legislation.

These can sometimes impose requirements in addition to those contained in our Constitution.

6. AMSA Guidance

. 6. AMSA Guidance

The Australian Men’s Shed Association (AMSA) provides a considerable amount of useful guidance, including material dealing with safety, governance and the operation of Men’s Sheds.

AMSA guidance can be extremely useful in identifying good practice.

However, AMSA itself recognises that individual Men’s Sheds remain independent in their operations. Each incorporated Shed is a separate legal entity, governed by its own Constitution and responsible for its own day-to-day management and internal affairs.

AMSA is the national peak body providing support, resources, guidance and representation for member Sheds. It does not directly manage individual Sheds or replace the authority of their own Constitution, applicable State legislation or other legal obligations.

This means that advice from AMSA can be very valuable, but it is not automatically the same thing as a binding direction to CCMS. Where a question arises, we still need to consider what the law, the CCMS Constitution and any properly adopted CCMS policies require.

AMSA membership does, however, carry certain obligations. Member Sheds are expected to comply with AMSA’s membership requirements, Constitution, By-Laws and relevant policies as conditions of membership.
Why Does This Matter?

Understanding this hierarchy helps when questions arise.

Rather than relying on someone’s recollection of what the rule is, we can ask:

What does the law say?

What does our Constitution say?

Is there a by-law or policy dealing with it?

Has that policy been properly adopted?

Is there relevant AMSA guidance?

Sometimes the answer may be very clear. At other times we may discover that our Constitution or procedures could be improved.

That is one of the purposes of this forum — to help members understand the framework under which our Shed operates and, where appropriate, identify ways of making that framework clearer and better for the future.

Questions, corrections and different interpretations are very welcome. That is how we all improve our understanding.