Little Ripper Gold Inc.

about us


About Us

Little Ripper Gold Inc. is a Not-for-Profit club made up of like-minded prospectors, looking for a safe place to camp and prospect on its own leases in and around the goldfields region of Western Australia. The idea is to help people to have a better prospecting experience both socially and in terms of finding that elusive nugget.

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Application Forms


Application Forms
Membership Application

Please Note: Little Ripper Gold Inc. will not be accepting any new members till after the 2021 Annual General Meeting.


Indemnity Waiver


Indemnity Waiver
­Little Ripper Gold Inc. (LRG)
DEED OF RELEASE, ASSUMPTION OF RISK & INDEMNITY


In favour of: Little Ripper Gold Inc. ABN: 7899 3742423 and all related or associated companies, businesses and their respective directors, partners, officers, agents, employees, committee members and contractors.
By: The Releasor (being the person or persons whose details are set out below and their respective personal representatives, executors, administrators, successors and assigns).
In consideration of LRG permitting me to participate in prospecting, fossicking, metal detecting, bush walking or ancillary activities, including transit to or from, or instruction in such activities whether in or out of the track or on any other vehicle, and camping on Little Ripper Gold Inc. leases collectively and severally referred to in this deed as “recreational activities” I agree as follows:

Acceptance of Risk
1. The information I have provided in this document is true and correct and I understand that LRG is relying on that information in allowing me to participate in the Recreational Activities

2. I am participating in the Recreational Activities for the purposes of enjoyment, leisure or relaxation. I acknowledge that the Recreational Activities may be dangerous and involve a significant degree of physical exertion, physical harm and physical risk. I have been advised of the risks associated with the Recreational materialization of such risks and that undertaking may cause personal injury, death, property damage or economic loss. Some of those risks include:

2.1 Sudden vehicle movements, jarring and hard landings associated with travelling in or alighting on or off the quad bike/All Terrain Vehicle (ATV), Suburban Utility Vehicle (SUV), 4 Wheel Drive (4WD), bus or any other vehicle associated with LRG or my private vehicle in situations that will be affected by the weather conditions, track/road conditions or any other conditions.

2.2 Greater than usual physical exertion placing people at an increased risk of personal injury, trauma or death.

2.3 Falling onto or leaving the quad bike/ATV, SUV, 4WD, bus or any other vehicle including in the event of the quad bike/ATV flipping over.

2.4 Collision with other users, equipment or objects such as rocks, trees, fencing or any other object of which may cause injury or death including death by drowning.

2.5 Exposure to the natural elements which can be unpredictable and potentially harmful or fatal including uneven terrain, slippery Rocks and bush tracks, storm, wind, flooding, currents, heat, getting wet, flora and fauna including snakes and micro organisms.

2.6 Participation in Recreational Activities conducted at locations that are remote in time, distance and/or accessibility from any medical treatment facility, and

2.7 Other risks of or incidental to the Recreational Activities or activities ancillary to the Recreational Activities.

Release & Discharge
3. I unconditionally release, discharge and agree not to sue LRG in respect of all liabilities, claims and cause of action that may arise from any act, omission, default, failure or error on the part of Little Ripper Gold Inc (including any negligent act, omission default, failure or error) occurring wholly or partially during the course of the Recreational Activities, including while in transit to or from such Recreational Activities.

Indemnity
4. I will indemnify and keep indemnified LRG from any liability, claim or cause of action that may be brought against LRG as a result or in connection with any act, omission, default, failure, or error on the part of LRG (including any negligent act, omission default, failure or error) occurring wholly or partially during the course of the Recreational Activities, including transit to or from the Recreational Activities.

5. In the event of my death caused wholly or partially by the Recreational Activities my estate and my personal representatives, executors or administrators indemnify and will keep indemnified LRG from any liability, claim or cause of action that may be brought against LRG by my personal representatives, executors, administrators, dependents or any other person entitled to claim damages in respect of my death under section 17 of the Supreme Court Act 1995 or otherwise.

Exclusion of Warranty
6. To the extent permissible by law, LRG expressly excludes and disclaims all conditions and warranties that may be express or implied, including any implied warranties under section 60 and 61 of the Australian Consumer Law Sec 2 of The Competition and Consumer Act 2010 that:

6.1 The Recreations Services will be rendered with due care and skill.

6.2 Materials supplied in connection with the Recreational Services will be reasonably fit for the purpose for which they are supplied.

6.3 The Recreational Services and any materials supplied in connection with the Recreational Services will be reasonably fit for a particular purpose or desired result.

Warranties
7. If, despite clause 6, the law prevents exclusion and implies any of the Warranties, then the liability of LRG for breach of any of the Warranties will, pursuant to section 64A of the Australian Consumer Law Sec 2 of The Competition and Consumer Act 2010, be limited to the supplying of the service again or payment of the cost of having the service supplied again.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8. Clause 3, 4 and 5 are limited to liability for death or personal injury.

Parent/Guardian Undertaking
9. Where this document includes any Child then the parent/guardian signing it warrants that the information provided is true and correct and personally covenants in terms of clause 4 in respect of any claim, liability or cause of action that arises out of or is incidental to the Child's participation of Recreational Activities.

Statement of Understanding
10. I acknowledge that I have read and understood the matters set out in this document and affirm I am of lawful age and legally competent to give this waiver, release and indemnity. I am not under the influence of alcohol or any drug.

11. I will take care of my safety and for the safety of any child. I will follow and ensure my Child follows the safety directions of LRG.

12. I understand that this document is contractual in nature and has legal effect and is not merely a warning or provided for information. I have signed this document of my own free will and without any representation or inducement by LRG, its agents or employees.

a. Even though LRG will make every effort to put you on gold bearing ground, there is no guarantee that gold will be found, it is where it is and you need to walk/detect over it.

b. Willfully negligent action that damages equipment will incur the cost of repair or replacement of that equipment, and incur disciplinary action from LRG's executive committee, as outlined in LRG's Constitution.

c. You MUST fill in any & all holes you dig. And there is to be NO holes dug on any tracks or roads.

Code of Conduct


Code of Conduct
Little Ripper Gold Inc. (LRG)
ABN: 78993742423

Member's Code of Conduct

It is a criminal offence to be on a 'granted' lease without permission.

This club is about fostering a safe place for members to camp, go detecting and hopefully find some gold. Through common sense and manners this can be a great way to meet friends, gain experience and have a great time, whilst fostering the hobby of gold detecting.

All persons attending an LRG lease MUST be a financial member. To become a financial member you must;
i. fill out and submit a Membership Application form
ii. provide a copy of your drivers licence as Identification (ID) (or similar current photo ID)
iii. sign the Indemnity Waiver and agree to this Code of Conduct.

All financial members will receive a Permission Letter and a Membership Card. The Permission Letter authorises them to camp and detect on all LRG leases, without cost. The letter remains in effect for the period of membership (from 1 July to 30 June) whilst you are a financial member. LRG guarantees not to revoke permission to use the leases because you have found gold on any site.

Members are not to divulge the whereabouts of the leases to non-members. Anyone found to be doing this will be ejected and his or her permissions revoked immediately.
Financial members are required to carry their LRG Membership Card at all times and may be asked to produce it, along with ID, by a committee member.

All members are to treat others with respect and dignity at all times. Bullying or harassment in any form will not be tolerated on LRG leases, under Occupational Health and Safety (OHS) guidelines. People found to be breaking this rule will be ejected from LRG and their permissions revoked immediately. This may lead to criminal prosecution if you do not leave the lease immediately.

The leases are for detecting for gold only. There will be no pushing or scraping of the surface with any equipment or use any dry blowing equipment.

By accepting LRG's Code of Conduct and becoming a member, you agree this is a legally binding contract. You also agree not to apply for any Special Prospecting Licence (SPL) or Program of Works (POW) on any LRG Lease.

There is to be no pegging of claims within the leases. The leases are available to all members at all times.

Prior to travelling to any of LRG's leases, members must advise the committee of their intention to be on a lease. Their names will be added to the register for the period they intend to be there.

All members visiting any LRG lease, must complete and return to the club via email, an Expenditure Form for that lease, upon their return home.

Members must follow detecting etiquette and not shadow other members. Leave plenty of distance between members who are detecting.

If a member has a dispute with another member, it can be brought to the attention of the committee for a ruling or arbitration. All committee decisions are final.

Any member caught fighting, stealing or generally causing issues for other members including loud music and anti-social behaviour, will be ejected from LRG and their permissions revoked immediately.

LRG does not take any of the gold you find, but donations to help keep things going are welcome.

Although all leases are in gold bearing ground, LRG gives no guarantee implicit or implied of gold being found on these leases.

Members finding any issues on the leases will report back to the committee as soon as possible.

Members are to ensure that all holes are filled in. If you come across a hole that has been left by others, please fill it in.

Members are responsible for removing all their rubbish when the leave the lease and their site is to be left clean and rubbish free.

LRG leases are not licensed campsites and you will need to be fully self-sufficient, including bringing your own food, water and portable toilet.

As a member of LRG, you attend the leases at your own risk. No liability is accepted by LRG for any loss or injury whilst on any of LRG's leases. Your attendance on the lease is a contractual agreement with this condition and the club's Indemnity Waiver must be signed prior to entering any lease.

LRG committee reserves the right to add/amend/delete rules from this Code of Conduct, when and how it sees fit, for the benefit of members, and no correspondence will be entered into.

All decisions of the LRG committee are final.

Mission Statement


Mission Statement
Little Ripper Gold Inc. (LRG)

Mission Statement

Want to go prospecting in the W.A. Goldfields?
Little Ripper Gold Inc. (LRG) Is a not-for-profit group dedicated to helping its members get the most out of their prospecting experience. Whether you're 20 or 80, it’s your first visit or you have been many times before, LRG will help you with the information you need, the people to meet and the places to go so that your prospecting adventure will be a success.

Who We Are
LRG is a club made up of like-minded prospectors, looking for a safe place to camp and prospect on its own leases. The idea is to help people to have a better prospecting experience both socially and in terms of finding that elusive nugget.

What We Offer
LRG offers it's financial members, the opportunity to camp and prospect on LRG owned prospecting leases in and around the goldfields in Western Australia. More leases are under consideration and will be added as membership grows. All our leases are carefully selected but there are no guarantees that they will produce gold.

All financial members have access to the Little Ripper Gold Inc. Facebook group; a Private group where they can interact with other members to discuss all things gold, camping, prospecting, etc. to improve your chances of finding gold, while staying safe and enjoying their prospecting adventures.

Our Values
LRG strongly encourages all members to minimise their environmental footprint and leave W.A. better than they found it.

LRG promotes a strong emphasis on safety whilst prospecting. It also requires members using our leases, as well as interacting with members on the Facebook group, to abide by the Code of Conduct, Constitution and Indemnity Waiver.

Prospectors are lost and injured every year in W.A. which endangers the safety of those who have to help them as well as the individual concerned.
Little Ripper Gold Inc. would like to acknowledge the traditional landowners in the W.A. goldfields and always respect that we are guests on their lands.

How It Works
Potential members complete a Membership Application Form and if accepted, an annual membership fee is collected. The current annual membership fee is $100 and this entitles each member to prospect on all LRG leases throughout the year.

LRG is run by a 4 person volunteer executive committee made up of a Chairperson, a Vice Chairperson, a Secretary and a Treasurer. There is also a 4 person volunteer working committee. All committee members are elected officials from LRG's membership and all positions are held for a 12 month term. Nominations for each committee position will be called for, before each Annual General Meeting (AGM).

Membership fees and any grants received from local shires or WA Tourism agencies, are spent entirely on club administration costs, as well as acquiring new leases and maintaining existing leases, (rent, shire rates, etc).

 

Constitution


Constitution of Little Ripper Gold Incorporated

Part 1 – Preliminary

1. Name

The name of the incorporated association ("the Association") is stated in the Schedule.

2. Objects and Purposes

The objects and purposes of the Association are specified in the Schedule.

3. Minimum Number of Members

The Association must have at least the number of members specified in the Schedule.

4. Definitions

In this Constitution, unless the contrary intention appears:

"Act" means the Associations Act and regulations made under that Act;

"Committee" means the Management Committee of the Association;

"financial institution" means an authorised deposit-taking institution within the meaning of section 5 of the Banking Act 1959 of the Commonwealth;

"general meeting" means a general meeting of members convened in accordance with clause 44;

"member" means a member of the Association;

"register of members" means the register of the Association's members established and maintained under section 34 of the Act;

"special resolution" means a resolution notice of which is given under clause 47 and passed in accordance with section 37 of the Act.


Part 2 – Constitution and Powers of Association

5. Powers of Association

(1) For achieving its objects and purposes, the Association has the powers conferred by sections 11 and 13 of the Act.

(2) Subject to the Act, the Association may do all things necessary or convenient for carrying out its objects or purposes, and in particular, may:

     (a) acquire, hold and dispose of real or personal property;

     (b) open and operate accounts with financial institutions;

     (c) invest its money in any security in which trust monies may lawfully be invested;

     (d) raise and borrow money on the terms and in the manner it considers appropriate;

     (e) secure the repayment of money raised or borrowed, or the payment of a debt or liability;  

     (f) appoint agents to transact business on its behalf; and

     (g) enter into any other contract it considers necessary or desirable. 

6. Effect of Constitution

This Constitution binds every member and the Association to the same extent as if every member and the Association had signed and sealed this Constitution and agreed to be bound by it.

7. Inconsistency between Constitution and Act

If there is any inconsistency between this Constitution and the Act, the Act prevails.

8. Altering the Constitution

(1) The Association may alter this Constitution by special resolution but not otherwise.

(2) If the Constitution is altered, the public officer must ensure compliance with section 23 of the Act.


Part 3 – Members

Division 1 - Membership

9. Application for Membership

To apply to become a member of the Association a person must:

     (a) submit a written application for membership to the Committee:

          (i) in a form approved by the Committee; and

          (ii) signed by the person and both of the members referred to in paragraph (b); and

     (b) be proposed by one member and seconded by another member.

10. Approval of Committee

(1) The Committee must consider any application made under clause 9 at the next available committee meeting and must accept or reject the                 application at that meeting or the next.

(2) If an application is rejected, the applicant may appeal against the decision by giving notice to the Secretary within 14 days after being advised            of the rejection.

(3) If an applicant gives notice of an appeal against the rejection of his or her application, the Committee must reconsider the application at the              next committee meeting after receipt of the notice of appeal.

(4) If after reconsidering an application the Committee reaffirms its decision to reject the application, the decision is final.

11. Joining Fee

(1) If an application for membership is approved by the Committee, the applicant becomes a member on payment of the joining fee of $100.00 per        year.

(2) The joining fee is either:

     (a) the amount determined from time to time by resolution at a general meeting.

12. Annual Membership Fees

(1) The annual membership fee is the amount determined from time to time by resolution at a general meeting.

(2) Each member must pay the annual membership fee to the Treasurer by the first day of each financial year or another date determined by the              Committee from time to time.

(3) A member whose subscription is not paid within 3 months after the due date ceases to be a member unless the Committee determines                      otherwise.

Division 2 – Rights of Members

13. General

(1) Subject to clause 14(2), a member may exercise the rights of membership when his or her name is entered in the register of members.

(2) A right of membership of the Association:

     (a) is not capable of being transferred or transmitted to another person; and

     (b) terminates on the cessation of membership whether by death, resignation or otherwise.

14. Voting

(1) Subject to subclause (2) and clause 18, each member has one vote at general meetings of the Association.

(2) A member is not eligible to vote until 10 working days after his or her application has been accepted.

15. Notice of Meetings and Special Resolutions

The Secretary must give all members notice of general meetings and special resolutions in the manner and time prescribed by this Constitution.

16. Access to Information on Association

The following must be available for inspection by members:

     (a) a copy of this Constitution;

     (b) minutes of general meetings;

     (c) annual reports and annual financial reports.

17. Raising Grievances and Complaints

(1) A member may raise a grievance or complaint about a committee member, the Committee or another member of the Association.

(2) The grievance or complaint must be dealt with by the procedures set out in Part 8.

18. Associate Members

An associate member must not vote but may have other rights as determined by the Committee or by resolution at a general meeting.

Division 3 – Termination, Death, Suspension and Expulsion

19. Termination of Membership

Membership of the Association may be terminated by:

     (a) a notice of resignation addressed and posted to the Association or given personally to the Secretary or another committee member;

     (b) non-payment of the annual membership fee within the time allowed under clause 12(3); or

     (c) expulsion in accordance with this Division.

20. Death of Member or Whereabouts Unknown

If a member dies or the whereabouts of a member are unknown, the Committee must cancel the member's membership.

21. Suspension or Expulsion of Members

(1) If the Committee considers that a member should be suspended or expelled because his or her conduct is detrimental to the interests of the              Association, the Committee must give notice of the proposed suspension or expulsion to the member.

(2) The notice must:

     (a) be in writing and include:

          (i) the time, date and place of the committee meeting at which the question of that suspension or expulsion will be decided; and

          (ii) the particulars of the conduct; and

     (b) be given to the member not less than 30 days before the date of the committee meeting referred to in paragraph (a)(i).

(3) At the meeting, the Committee must afford the member a reasonable opportunity to be heard or to make representations in writing.

(4) The Committee may suspend or expel or decline to suspend or expel the member from the Association and must give written notice of the                decision and the reason for it to the member.

(5) Subject to clause 22, the decision to suspend or expel a member takes effect 14 days after the day on which notice of the decision is given to            the member.

22. Appeals Against Suspension or Expulsion

(1) A member who is suspended or expelled under clause 21 may appeal against that suspension or expulsion by giving notice to the Secretary              within 14 days after receipt of the Committee's decision.

(2) The appeal must be considered at a general meeting of the Association and the member must be afforded a reasonable opportunity to be                  heard at the meeting or to make representations in writing prior to the meeting for circulation at the meeting.

(3) The members present at the general meeting must, by resolution, either confirm or set aside the decision of the Committee to suspend or expel        the member.

(4) The member is not suspended or does not cease to be a member until the decision of the Committee to suspend or expel him or her is                        confirmed by a resolution of the members.


Part 4 – Management Committee

Division 1 – General

23. Role and Powers

(1) The business of the Association must be managed by or under the direction of a Management Committee.

(2) The Committee may exercise all the powers of the Association except those matters that the Act or this Constitution requires the Association           to determine through a general meeting of members.

(3) The Committee may appoint and remove staff.

(4) The Committee may establish one or more subcommittees consisting of the members of the Association the Committee considers appropriate.

24. Composition of Committee

(1) The Management Committee consists of:

           (a) a Chairperson; Mark Jenkin

           (b) a Vice-Chairperson; Geoff MacNicol

           (c) a Secretary; Jody Hussell

           (d) a Treasurer; Robert Garratt

           (e) Grants Manager; Currently vacant

(2) Unless elected directly as a separate office holder, the Committee must appoint one committee member to be the Association's public officer.

25. Delegation

(1) The Committee may delegate to a subcommittee or staff any of its powers and functions other than –

     (a) this power of delegation; or

     (b) a duty imposed on the Committee by the Act or any other law.

(2) The delegation must be in writing and may be subject to the conditions and limitations the Committee considers appropriate.

(3) The Committee may, in writing, revoke wholly or in part the delegation.    

Division 2 – Tenure of Office

26. Eligibility of Committee Members

(1) A committee member must be a member who is 18 years or over.

(2) A committee member must also meet the criteria provided in the Schedule.

(3) Committee members must be elected to the Committee at an annual general meeting or appointed under clause 33.

27. Nominations for Election to Committee

(1) A member is not eligible for election to the Committee unless the Secretary receives a written nomination for that member by another member          not less than 7 days before the date of the next annual general meeting.

(2) The nomination must be signed by:

     (a) the nominator and a seconder; and

     (b) the nominee to signify his or her willingness to stand for election.

(3) A person who is eligible for election or re-election under this clause may:

     (a) propose or second himself or herself for election or re-election; and

     (b) vote for himself or herself.

28. Retirement of Committee Members

(1) A committee member holds office until the next annual general meeting unless the member vacates the office under clause 31 or is removed            under clause 32.

(2) Subject to subclause (3), at an annual general meeting the office of each committee member becomes vacant and elections for a new                        Committee must be held.

(3) The Chairperson of the outgoing Committee must preside at the annual general meeting until a new member is elected as Chairperson.

(4) Members may serve consecutive terms on the Committee unless otherwise provided in the Schedule.

29. Election by Default

(1) If the number of persons nominated for election to the Committee under clause 27 does not exceed the number of vacancies to be filled, the              Chairperson must declare the persons to be duly elected as members of the Committee at the annual general meeting.

(2) If vacancies remain on the Committee after the declaration under subclause (1), additional nominations of committee members may be                      accepted from the floor of the annual general meeting.

(3) If the nominations from the floor do not exceed the number of remaining vacancies, the Chairperson must declare those persons to be duly                elected as members of the Committee.

(4) If the nominations from the floor are less than the number of remaining vacancies, the unfilled vacancies are taken to be casual vacancies and          must be filled by the new Committee in accordance with clause 33.

30. Election by Ballot

(1) If the number of nominations exceeds the number of vacancies on the Committee, ballots for those positions must be conducted.

(2) The ballot must be conducted in a manner determined from time to time by resolution at a general meeting.

(3) The members chosen by ballot must be declared by the Chairperson to be duly elected as members of the Committee.

31. Vacating Office

The office of a committee member becomes vacant if:

     (a) the member:

          (i) is disqualified from being a committee member under section 30 or 40 of the Act;

          (ii) resigns by giving written notice to the Committee;

          (iii) dies or is rendered permanently incapable of performing the duties of office by mental or physical ill-health;

          (iv) ceases to be a member of the Association;

     (b) the member is absent from more than:

          (i) 3 consecutive committee meetings; or

          (ii) 3 committee meetings in the same financial year without tendering an apology to the Chairperson;

of which meetings the member received notice and the Committee has resolved to declare the office vacant; or

     (c) in any of the circumstances provided for by the Schedule.

32. Removal of Committee Member

(1) The Association, through a special general meeting of members, may remove any committee member before the member's term of office ends.

(2) If a vacancy arises through removal under subclause (1), an election must be held to fill the vacancy.

33. Filling Casual Vacancy on Committee

(1) If a vacancy remains on the Committee after the application of clause 29 or if the office of a committee member becomes vacant under clause        31, the Committee may appoint any member of the Association to fill that vacancy.

(2) However, if the office of public officer becomes vacant, a person must be appointed under section 27(6) of the Act to fill the vacancy.

Division 3 – Duties of Committee Members

34. Collective Responsibility of Committee

(1) As soon as practicable after being elected to the Committee, each committee member must become familiar with the Act and regulations                  made under the Act.

(2) The Committee is collectively responsible for ensuring the Association complies with the Act and regulations made under the Act.

35. Chairperson and Vice-Chairperson

(1) Subject to subclauses (2) and (3), the Chairperson must preside at all general meetings and committee meetings.

(2) If the Chairperson is absent from a meeting, the Vice-Chairperson must preside at the meeting.

(3) If the Chairperson and the Vice-Chairperson are both absent, the presiding member for that meeting must be:

     (a) a member elected by the other members present if it is a general meeting; or

     (b) a committee member elected by the other committee members present if it is a committee meeting.

36. Secretary

The Secretary must:

     (a) coordinate the correspondence of the Association;

     (b) ensure minutes of all proceedings of general meetings and of committee meetings are kept in accordance with section 38 of the Act;

     (c) maintain the register of members in accordance with section 34 of the Act;

     (d) unless the members resolve otherwise at a general meeting – have custody of all books, documents, records and registers of the                                 Association, other than those required by clause 37(5) to be in the custody of the Treasurer; and

     (e) perform any other duties imposed by this Constitution on the Secretary.

37. Treasurer

(1) The Treasurer must:

     (a) receive all moneys paid to or received by the Association and issue receipts for those moneys in the name of the Association;

     (b) pay all moneys received into the account of the Association within 5 working days after receipt;

     (c) make any payments authorised by the Committee or by a general meeting of the Association from the Association's funds; and

     (d) ensure cheques are signed by him or her and at least one other committee member, or by any 2 other committee members authorised by the             Committee.

(2) The Treasurer must ensure the accounting records of the Association are kept in accordance with section 41 of the Act.

(3) The Treasurer must coordinate the preparation of the Association's annual statement of accounts.

(4) If directed to do so by the Chairperson, the Treasurer must submit to the Committee a report, balance sheet or financial statement in                            accordance with that direction.

(5) The Treasurer has custody of all securities, books and documents of a financial nature and accounting records of the Association unless the            members resolve otherwise at a general meeting.

(6) The Treasurer must perform any other duties imposed by this Constitution on the Treasurer.

38. Public Officer

(1) The public officer must ensure that documents are filed with the Commissioner of Consumer Affairs in accordance with sections 23, 28 and 45        of the Act.

(2) The public officer must keep a current copy of the Constitution of the Association.


Part 5 – Meetings of Management Committee

39. Frequency and Calling of Meetings

(1) The Committee must meet together for the conduct of business not less than 4 times in each financial year unless otherwise provided in the              Schedule.

(2) The Chairperson, or at least half the committee members, may at any time convene a special meeting of the Committee.

(3) A special meeting may be convened to deal with an appeal under clause 22.

40. Voting and Decision Making

(1) Each committee member present at the meeting has a deliberative vote.

(2) A question arising at a committee meeting must be decided by a majority of votes.

(3) If there is no majority, the person presiding at the meeting has a casting vote in addition to a deliberative vote.

41. Quorum

For a committee meeting, one-half of the committee members constitutes a quorum unless otherwise provided in the Schedule.

42. Procedure and Order of Business

(1) The procedure to be followed at a committee meeting must be determined from time to time by the Committee.

(2) The order of business may be determined by the members present at the meeting.

(3) Only the business for which the meeting is convened may be considered at a special meeting.

43. Disclosure of interest

(1) A committee member who has a direct or indirect pecuniary interest in a contract, or proposed contract, with the Association must disclose the        nature and extent of the interest to the Committee in accordance with section 31 of the Act.

(2) The Secretary must record the disclosure in the minutes of the meeting.

(3) The Chairperson must ensure a committee member who has a direct or indirect pecuniary interest in a contract, or proposed contract, complies        with section 32 of the Act.


Part 6 – General Meetings

44. Convening General Meetings

(1) The Association must hold its first annual general meeting within 18 months after its incorporation.

(2) The Association must hold all subsequent annual general meetings within 5 months after the end of the Association's financial year.

(3) The Committee:

     (a) may at any time convene a special general meeting;

     (b) must, within 30 days after the Secretary receives a notice under clause 22(1), convene a special general meeting to deal with the appeal to                 which the notice relates; and

     (c) must, within 30 days after it receives a request under clause 45(1), convene a special general meeting for the purpose specified in that                         request.

45. Special General Meetings

(1) Half the number of members constituting a quorum for a general meeting may make a written request to the Committee for a special general           meeting unless otherwise provided in the Schedule.

(2) The request must:

     (a) state the purpose of the special general meeting; and

     (b) be signed by the members making the request.

(3) If the Committee fails to convene a special general meeting within the time allowed:

     (a) for clause 44(3)(b) – the appeal against the decision of the Committee is upheld; and

     (b) for clause 44(3)(c) – the members who made the request may convene a special general meeting as if they were the Committee.

(4) If a special general meeting is convened under subclause (3)(b), the Association must meet any reasonable expenses of convening and holding        the special general meeting.

(5) The Secretary must give to all members not less than 21 days notice of a special general meeting.

(6) The notice must specify:

     (a) when and where the meeting is to be held; and

     (b) the particulars of and the order in which business is to be transacted.

46. Annual General Meeting

(1) The Secretary must give to all members not less than 30 days notice of an annual general meeting unless otherwise provided in the Schedule.

(2) The notice must specify:

     (a) when and where the meeting is to be held; and

     (b) the particulars of and the order in which business is to be transacted.

(3) The order of business for each annual general meeting is as follows:

     (a) first – the consideration of the accounts and reports of the Committee;

     (b) second – the election of new committee members;

     (c) third – any other business requiring consideration by the Association at the meeting.

47. Special Resolutions

(1) A special resolution may be moved at any general meeting of the Association.

(2) The Secretary must give all members not less than 21 days notice of the meeting at which a special resolution is to be proposed unless                     otherwise provided in the Schedule.

(3) The notice must include the resolution to be proposed and the intention to propose the resolution as a special resolution.

48. Notice of Meetings

(1) The Secretary must give a notice under this Part by –

     (a) serving it on a member personally; or

     (b) sending it by post to a member at the address of the member appearing in the register of members.

(2) If a notice is sent by post under subclause (1)(b), sending of the notice is taken to have been properly effected if the notice is addressed and              posted to the member by ordinary prepaid mail.

49. Quorum at General Meetings

At a general meeting, the number or the proportion of members present in person specified in the Schedule constitutes a quorum.

50. Lack of Quorum

(1) If within 30 minutes after the time specified in the notice for the holding of a general meeting a quorum is not present –

     (a) for an annual general meeting or special general meeting convened under clause 44(3)(a) – the meeting stands adjourned to the same time               on the same day in the following week and to the same place;

     (b) for a meeting convened under clause 44(3)(b) – the members who are present in person or by proxy may proceed with hearing the appeal for             which the meeting is convened; or

     (c) for a meeting convened under clause 44(3)(c) – the meeting lapses.

(2) If within 30 minutes after the time appointed by subclause (1)(a) for the resumption of an adjourned general meeting a quorum is not present,           the members who are present in person or by proxy may proceed with the business of that general meeting as if a quorum were present.

(3) The Chairperson may, with the consent of a general meeting at which a quorum is present, and must, if directed by the members at the meeting,        adjourn that general meeting from time to time and from place to place.

(4) There must not be transacted at an adjourned general meeting any business other than business left unfinished or on the agenda at the time            when the general meeting was adjourned.

(5) If a general meeting is adjourned for a period of 30 days or more, the Secretary must give notice of the adjourned general meeting as if that              general meeting were a fresh general meeting.

51. Voting

(1) Subject to clauses 14(2) and 18, each member present in person or by proxy at a general meeting is entitled to a deliberative vote.

(2) At a general meeting:

     (a) an ordinary resolution put to the vote is decided by a majority of votes made in person or by proxy; and

     (b) a special resolution put to the vote is passed if three-quarters of the members who are present in person or by proxy vote in favour of the                   resolution.

(3) A poll may be demanded by the Chairperson or by 3 or more members present in person or by proxy.

(4) If demanded, a poll must be taken immediately and in the manner the Chairperson directs.

52. Proxies

A member may appoint in writing another member to be the proxy of the appointing member to attend and vote on behalf of the appointing member at any general meeting.


Part 7 – Financial Management

53. Financial Year

The financial year of the Association is specified in the Schedule.

54. Funds and Accounts

(1) The Association must open an account with a financial institution from which all expenditure of the Association is made and into which all of            the Association's revenue is deposited.

(2) Subject to any restrictions imposed by the Association at a general meeting, the Committee may approve expenditure on behalf of the                        Association within the limits of the budget.

(3) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by 2 committee members.

(4) All funds of the Association must be deposited into the financial account of the Association no later than 5 working days after receipt or as              soon as practicable after that day.

(5) With the approval of the Committee, the Treasurer may maintain a cash float provided that all money paid from or paid into the float is                        accurately recorded at the time of the transaction.

55. Accounts and Audits

The responsibility of the Committee under clause 34(2) for ensuring compliance with the Act includes meeting the requirements of Part 5 of the Act and regulations made for that Part relating to:

     (a) the keeping of accounting records;

     (b) the preparation and presentation of the Association's annual statement of accounts; and

     (c) the auditing of the Association's accounts.


Part 8 – Grievance and Disputes

56. Grievance and Disputes Procedures

(1) This clause applies to disputes between:

     (a) a member and another member; or

     (b) a member and the Committee.

(2) Within 14 days after the dispute comes to the attention of the parties to the dispute, they must meet and discuss the matter in dispute, and, if           possible, resolve the dispute.

(3) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days               after the meeting, hold another meeting in the presence of a mediator.

(4) The mediator must be:

     (a) a person chosen by agreement between the parties; or

     (b) in the absence of agreement:

          (i) for a dispute between a member and another member – a person appointed by the Committee; or

          (ii) for a dispute between a member and the Committee – a person who is a mediator appointed or employed by the department                                         administering the Act.

(5) A member of the Association can be a mediator.

(6) The mediator cannot be a party to the dispute.

(7) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

(8) The mediator, in conducting the mediation, must:

     (a) give the parties to the mediation process every opportunity to be heard;

     (b) allow due consideration by all parties of any written statement submitted by any party; and

     (c) ensure natural justice is accorded to the parties to the dispute throughout the mediation process.

(9) The mediator must not determine the dispute.

(10) If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act            or otherwise at law.


Part 9 – Miscellaneous

57. Common Seal

(1) The common seal of the Association must not be used without the express authority of the Committee and every use of that common seal                 must be recorded by the Secretary.

(2) The affixing of the common seal of the Association must be witnessed by any 2 of the following:

     (a) the Chairperson;

     (b) the Secretary;

     (c) the Treasurer.

(3) The common seal of the Association must be kept in the custody of the Secretary or another person the Committee from time to time decides.

58. Distribution of Surplus Assets on Winding Up

(1) If on the winding up or dissolution of the Association, and after satisfaction of all its debts and liabilities, there remains any assets, the assets           must not be distributed to the members or former members.

(2) The surplus assets must be given or transferred to another association incorporated under the Act that:

     (a) has similar objects or purposes;

     (b) is not carried on for profit or gain to its individual members; and

     (c) is determined by resolution of the members.

Schedule to the Constitution

Part 1 – Mandatory Details

Name (clause 1)

The name of the incorporated association is Little Ripper Gold Inc.

Objects and Purposes (clause 2)

The objects and purposes of the Association are as follows:

     (a) to provide a safe place to detect for gold

     (b) to provide a safe place to camp

     (c) to further the hobby of gold detecting

     (d) to encourage comradery amongst likeminded people

     (e) to foster tourism in the Goldfields

Minimum Number of Members (clause 3)

The Association must have at least 5 members.

[Under section 26 of the Act an incorporated association must not have less than 5 members.]

Quorum at General Meetings (clause 49)

At a general meeting 20% of members present in person constitutes a quorum.

Financial Year (clause 53)

The financial year of the Association is the period of 12 months ending on 30 June each year and beginning on July 1 each year.


Part 2 – Replaceable Details

ClauseDescription of ClauseDefault DetailReplacing Detail




28(4)Consecutive terms ofmay serve consecutive

committee membersterms
39(1)Frequency of committeeat least 4 times each

meetingsfinancial year
41Quorum for committeehalf the committee (4)

meetingmembers
45Number of members whohalf the quorum of

can request a specialmembers for a general

general meetingmeeting
46(1)Notice of an annualat least 30 days

general meeting

47(2)Notice of specialat least 21 days

resolution






[If no entry is inserted in the column headed "Replacing Detail", the "Default Detail" applies. Note: Notice of an Annual General Meeting must be at least 14 days (as a minimum), and Notice of Special Resolution must be at least 21 days (as a minimum).]


Part 3 – Additional Details 

Composition of Committee (clause 24) 

In addition to the office holders specified in the Constitution, the Management Committee consists of: 

     (a) Jody Hussell

     (b) Sharon Fraser

     (c) Marg Angel

     (d) Michael Fussell

     (e) Russell Hyde 

[List additional office holders.] 

Eligibility of Committee Members (clause 26) 

In addition to the criterion specified in the Constitution, a committee member must meet the following criteria: 

     Must be fully paid members of Little Ripper Gold Inc. 

[List additional criteria.] 

Vacating Office (clause 31) 

In addition to the circumstances specified in the Constitution, the office of a committee member becomes vacant if – 

     The member sends in writing, their wish to be removed from the committee.

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