Guideline

The guideline, accompanied by the law of the state, is the ultimate policy
of the Organisation which comprises all of the rules defined in this
constitution as well as a general code of ethics and good practice.

Name

The name of the Organisation is Islamic Unity of Brisbane Incorporated,
herein referred to as “The Organisation”.

Type of Organisation

The Organisation is a not-for-profit charitable organisation committed to
utilize funds collected in Australia in order to enhance and build better
Australian communities. All assets and income are to be used solely for the
Organisation’s purposes, including but not limited to; special events,
programs and initiatives and facilitation costs of long and short term
teaching programs, including venue, facilitator and associated miscellaneous
costs.

No member of the Organisation should materially gain directly or indirectly
from performing their duties associated with the management of the organisation.

Objectives

The objectives of Islamic Unity of Brisbane Incorporated are as follows:

• To propagate and further the objectives of the religion of Islam,
  the Quran, the Sunnah and the Hanafi way of jurisprudence;
• To be responsible for maintaining the integrity and accuracy of
  Hanafi Sunni teachings;
• To establish a safe space for the provision of education to Muslims
  and people of other or no faith with the intention of developing a
  cohesive community that is respectful of differences;
• To provide courses focused on bridging traditional Islamic knowledge
  and other Islamic sciences with the current challenges faced by the
  Muslim community;
• To promote an inclusive and open space for all individuals, who are
  interested in traditional Islamic knowledge and the sciences, regardless
  of gender, age, ethnicity, sexuality and belief.

Membership qualifications

A person is qualified to be considered as a member of the Organisation
if the person:

• is a natural person;
• is a Muslim and of good character;
• adheres to the Quran and Sunnah;
• is wiling to abide by the Organisation’s Constitution;
• is willing to take on a Functional Role in the Organisation; and
• if required, any further conditions as outlined in clause 20 and clause 32.

A person is taken to be a member of the association if:

• the person is a natural person, and
• the person was:
  • in the case of an unincorporated body that is registered as the association
    – a member of that unincorporated body immediately before the registration
    of the association, or
  • in the case of an association that is amalgamated to form the relevant
    association – a member of that other association immediately before the
    amalgamation, or
  • in the case of a registrable corporation that is registered as an
    association – a member of the registrable corporation immediately before
    that entity was registered as an association.

Grant of membership

Any existing member of the organisation can nominate a candidate to the
Council for membership to the Organisation. This nomination must be in writing
and seconded by another member.

In the case of a General Member, the Chairman has the power to grant membership
so long as the nominated candidate satisfies the criteria outlined in clause 7.
No reasoning is required to be given if membership is denied.

Where a person achieves membership by virtue of appointment to the Council or
the Management Committee, the procedures outlined in clause 22 or 33 respectively
must be followed.

Cessation of membership

A person ceases to be a Member of the Organisation if the person:

• dies;
• resigns their membership;
• is expelled from the Organisation;
• is removed by the passing of an ordinary resolution;
• ceases to hold a Functional Role in the Organisation; or
• fails to pay the annual membership fee under clause 13 within 3 months
  after the fee is deemed due.

Membership entitlements not transferable

A right, privilege or obligation which a person has by reason of being a Member
of the Organisation:

• is not capable of being transferred or transmitted to another person; and
• terminates on cessation of the person’s membership.

Resignation of membership

A Member may resign from the membership of the Organisation by first giving
the Public Officer written notice of at least 1 month (or such other period
as the Management Committee may determine) of the Member’s intention to resign
and, on the expiration of the period of notice, the Member ceases to be a Member.

If a Member of the Organisation ceases to be a Member under Public Officer shall
make an appropriate entry in the register of Members recording the date on which
the Member ceased to be a Member.

Register of members

The public officer of the Organisation shall establish and maintain a register
of Members of the Organisation specifying the name and address of each person
who is a Member of the Organisation together with the date on which the person
became a Member.

The register of Members shall be kept at the principal place of administration
of the Organisation and

The register defined in subclause (2) shall only be open for inspection after
approval of the majority of the council members.

Fees and subscriptions

A Member of the Organisation must, on admission to membership, pay to the
Organisation a fee determined by the Council, if a fee is deemed payable by
the Council, which cannot exceed the value of $1,000.00.

Members’ liabilities

The liability of a Member of the Organisation to contribute towards the payment
of debts and liabilities of the Organisation or the costs, charges and expenses
of the winding up of the Organisation is limited to the amount, if any, unpaid
by the member in respect of membership of the Organisation as required by clause 13.

Resolution of internal disputes

• The Chairman is the ultimate arbiter of internal disputes.
• The Chairman must make a decision in accordance with the Council Decision
  Making Process.
• Decisions of the Chairman are binding on all Members of the Organisation.
• In the event that the decision of the Chairman is not consistent with the
  guidelines outlined in clause 1, the dispute can be referred to a local scholar
  who is known by the organisation by way of a majority vote.

Role of the Council

The role of the Council is to:

• ensure that the Organisation is adhering to its Mission;
• ensure that the Organisation is achieving its Objectives;
• provide strategic direction to the Organisation;
• ensure that the Organisation is meeting the needs of the community; and to
• review proposals and issues, and make decisions that are in the best interests
  of the Organisation and the community.

Powers of the council

• To develop policies with regard to the Mission, Vision, and Objectives
  of the Organisation.
• To approve, reject or modify the strategic plan for the Organisation.
• To approve, reject or modify proposed projects.
• To review and overturn decisions made by the Management Committee.
• To appoint and dismiss members of the Management Committee and the Council.
• To approve, reject or modify requests for expenditure.
• To create and dissolve Functional Roles within the Organisation.

Constitution of the Council

The Council must be comprised of at least 5 members.

There are o permenant positions in the Council.

Any member of the Council may be removed by way of ordinary resolution of
the remaining Council members.

Qualification for appointment to Council

In addition to the criteria in rule 7, a person is qualified to be appointed
to the council if they have been a general member for more than 1 months and
is nominated by at least two members of the Council who believe that he/ she
is of high ethical standards.

Appointment to Council following vacancy

In the event of a vacancy on the Council, the Council needs to decide whether
the vacancy needs to be filled.

• A vacancy must be filled where the departing member is the Chairman or Vice
  Chairman. In any circumstance, the Chairman’s absence or vacancy is filed by
  the Vice Chairman.
• A vacancy must be filled where following the vacancy there are fewer than
  5 members on the Council.
• The Council must follow the Council Decision Making Process when appointing
  new members to the Council.

In the event of a vacancy of the Chairman position, it is to be filed by the
Vice Chairman. Should the Vice Chairman position also be vacant, the eldest
member (by age) of the organization shall assume the Chairman Position.

Cessation of membership to Council

A person ceases to be a member of the Council if the person:

• dies;
• resigns membership;
• is voted out by the remaining members of the Council by way of ordinary resolution;
• is expelled from the Council.

To expel a member of the Council, the Council, excluding the member that is the
subject of review, must in accordance with the Council Decision Making Process
determine if the member:

• is not fulfilling their responsibilities as a Council member;
• does not comply with the criteria under rule 7, according to the remaining
  members of the Council; or
• no longer qualifies to be a member of the Council as outlined in rule 20.

To expel the member from the council, the vote of the 51% of the Council
members will suffice to expel any council member.

Chairman of Council

The Chairman shall be elected by a majority of members of the Council.

The role of the Chairman is to:

• chair the Council meetings;
• be the final decision maker and authority for the Organisation;
• ensure that the Council is satisfactorily performing its role as set out
  in rule 18; and
• ensure that Council members continue to meet the requirements for membership
  as set out in rule 20.

Council meetings and decision making

• Council meetings may take place using any method or communication medium
  deemed by the Council to be the most practical.
• Where a decision is sought to be made through an electronic medium it is
  the responsibility of the Council Chairman to circulate the item for decision,
  gather responses and announce the outcome to the Council.
• The Chairman’s opinion is deemed to be the decision of the Council, where
  after seeking opinions of all Council members a consensus is not able to
  be reached.

Disciplining of Council members

A complaint may be made to the Chairman by any person that a Council member:

• has persistently refused or neglected to comply with a provision or provisions
  of these rules; or
• has persistently and wilfully acted in a manner prejudicial to the interests
  of the Organisation.

On receiving such a complaint, the Chairman:

• shall cause notice of the complaint to be served on the Council member concerned;
• shall bring to the attention of the Council the notice of the complaint; and
• shall give the Council member at least 14 days from the time the notice is
  served within which to make submissions to the Council in connection with
  the complaint.

The Chairman may, after consultation with the Council and with the agreement
of at least two (2) other Council members, expel the member from the Organisation
or suspend the member from membership of the Organisation if, after considering
the complaint and any submissions made in connection with the complaint, the
Chairman is satisfied that the facts alleged in the complaint have been proved.

If the Council expels or suspends a member, the Public Officer shall, within
7 days after the action is taken, cause written notice to be given to the
Council member of the action taken and of the reasons given by the Council
for having taken that action.

There is no right of appeal against the decision of the Council.

This rule does not apply to the disciplining of the Chairman and the Vice Chairman.

Powers of the Management Committee

Subject to the Act and these rules and to any resolution passed by the
Organisation in a general meeting the Management Committee:

• is to control and manage the affairs of the Organisation, and
• may exercise all such functions as may be exercised by the Organisation,
  other than those functions that are required by these rules to be exercised
  by a general meeting of members of the Organisation or by the Council, and
• has power to perform all such acts and do all such things as appear to the
  Management Committee to be necessary or desirable for the proper management
  of the affairs of the Organisation; and
• is to operate under the instructions of the Council.

Role of the Management Committee

• To manage and execute the day to day operations of the Organisation.
• To, among other things, allocate and manage resources, manage finances,
  manage programs and projects, and track and report performance. This must
  be in accordance and subject to the Councils approval.

Constitution of the Management Committee

Subject to the creation or dissolution of Management Committee roles by the
Council, the Organisation’s Management Committee can include the following,
which is a non-exhaustive list:

• the President;
• the Vice President;
• the Secretary;
• the Treasurer;
• the Public Officer; and
• the Program Manager.

Qualification of candidates for appointment to Management Committee

In addition to the requirements of clause 7, to qualify for appointment to
the Management Committee, the candidate must have been a general member for
at least one (1) month and shall have the necessary skills and experience to
perform the role that needs to be filled or must be willing to be trained to
perform the role.

Appointment to the Management Committee

Any person can nominate a candidate for appointment to the Management Committee.

Subject to review by the Council, the President may appoint a nominated candidate
to the Management Committee.

Public Officer

The Public Officer of the Organisation shall, as soon as practicable after being
appointed as Public Officer, lodge notice with the Organisation of his or her address.

It is the duty of the Public officer to keep minutes of:

• all appointments to the Management Committee;
• the names of members of the Management Committee present at a Management
  Committee meeting or general meeting;
• all proceedings at Management Committee meetings and general meetings; and
• anything further the Council may deem fit.

Minutes of proceedings at a meeting shall be signed by the chairperson of the
meeting or by the chairperson of the next succeeding meeting.

Treasurer

It is the duty of the Treasurer of the Organisation to ensure:

• that all money due to the Organisation is collected and received and that
  all payments authorised by the Organisation are made; and
• that correct books and accounts are kept showing the financial affairs of
  the Organisation, including full details of all receipts and expenditure
  connected with the activities of the Organisation.

Casual vacancies

For the purposes of these rules, a casual vacancy in the office of a member
of the Management Committee occurs if the member:

• dies; or
• ceases to be a member of the Organisation; or
• resigns office by notice in writing given to the Public Officer; or
• is removed from office under rule 16, or
• becomes a mentally incapacitated person, or
• is absent without the consent of the Council after:
  • Not attending two (2) consecutive meetings and receiving a warning
    to this effect; and
  • Not attending a third meeting following the receipt of the warning.

Meetings and quorum

• The Management Committee shall meet at least 4 times in each period of
  12 months at such place and time as the Management Committee may determine.
• Additional meetings of the Management Committee may be convened by the
  Chairman or by any member of the Management Committee.
• Oral or written notice of a meeting of the Management Committee shall be
  given by the Public Officer to each member of the Management Committee at
  least 48 hours (or such other period as may be unanimously agreed on by the
  members of the Management Committee) before the time appointed for the holding
  of the meeting.
• Any 3 members of the Management Committee, if available, including the
  Chairman, Vice Chairman, President or Vice President constitute a quorum
  for the transaction of the business of a meeting of the Management Committee.
• At a meeting of the Management Committee, the President or, in the President’s
  absence, the Vice President, is to preside.

Delegation by Management Committee to sub-committee

In the Management Committee, the president may delegate to one or more
sub-committees (consisting of such member or members of the Organisation as
the President deems necessary) the exercise of such of the functions of the
Management Committee, other than:

• this power of delegation, and
• a function which is a duty imposed on the Management Committee by the Act
  or by any other law.

This power of Delegation is limited to the powers and duties that have already
been given to the Management Committee by the Council and that which the member
has had prior involvement in. Anything outside of this scope will require the
Councils approval.

A delegation under this section may be made subject to such conditions or
limitations as to the exercise of any function, or as to time or circumstances,
as may be specified in the instrument of delegation.

Despite any delegation under this rule, the Management Committee may continue
to exercise any function delegated.

Any act committed or suffered by a sub-committee acting in the exercise of a
delegation under this rule has the same force and effect as it would have if it
had been done or suffered by the Management Committee.

The Management Committee may revoke wholly or in part any delegation under
this rule at any point in time, Subject to the Presidents approval.

Voting and decisions

Questions arising at a meeting of the Management Committee or of any
sub-committee appointed by the Management Committee are to be determined by
general consensus. In the event that no consensus is achieved, the Chairman,
or the Vice Chairman in the absence of the Chairman, will make a decision on
the matter. In the case of any sub-committee, if general consensus is not
achieved, the matter will be decided by the President, or the Vice President
in the absence of the Chairman,

Each member present, whom is entitled to be present, at a meeting of the
Management Committee or of any sub-committee appointed by the Management Committee
(including the person presiding at the meeting) is entitled to express their
view, and is entitled to have their view taken into consideration by the person
presiding over the meeting.

Subject to sub-rule 35(4), the Management Committee may act despite any vacancy
on the Management Committee.

Any decision in relation to property belonging to Islamic Unity of Brisbane
Incorporated, financial matters or major community decisions may only occur by
a majority vote of the Management Committee.

Annual general meetings – holding of

With the exception of the first annual general meeting of the Organisation,
the Organisation must, at least once in each calendar year and within the
period of 6 months after the expiration of each financial year of the
Organisation, convene an annual general meeting of its members.

The Organisation must hold its first annual general meeting:

• within the period of 18 months after its incorporation under the Act, and
• within the period of 6 months after the expiration of the first financial
  year of the Organisation.

Subclauses (1) and (2) have effect subject to any extension or permission
granted under the Act.

Annual general meetings – calling of and business

The annual general meeting of the Organisation is, subject to the Act and to
the guidelines set out in this document, to be convened on such date and at
such place and time as the Management Committee deems adequate.

In addition to any other business which may be transacted at an annual general
meeting, the business of an annual general meeting is to include the following:

• to receive from the Management Committee reports on the activities of the
  Organisation during the last preceding financial year; and
• to receive and consider the statement which is required to be submitted to
  members under the Act.

An annual general meeting shall be specified as such in the notice convening it.

Special General Meetings – calling of

The Council may, when necessary, convene a Special General Meeting of the Organisation.

Other Members of the Organisation, at least 25 per cent of the total number of
members, may request that the Management Committee convene a Special General Meeting
of the Organisation. Alternatively, any member can provide feedback to the Management
Committee for consideration.

A requisition of Members for a Special General Meeting:

• must state the purpose or purposes of the meeting; and
• must be signed by the Members making the requisition; and
• must be lodged with the Public Officer; and
• may consist of several documents in a similar form, each signed by one or
  more of the Members making the requisition.

Where the requisition of Members complies with clause (3), the Management
Committee is not compelled to convene a Special General Meeting.

Notice

Except if the nature of the business proposed to be dealt with at a general
meeting requires a special resolution of the Organisation, the Public Officer
shall, at least 14 days before the date fixed for the holding of the general
meeting, give a notice to each Member specifying the place, date and time of
the meeting and the nature of the business proposed to be transacted at the meeting.

If the nature of the business proposed to be dealt with at a general meeting
requires a special resolution of the Organisation, the Public Officer shall,
at least 21 days before the date fixed for the holding of the general meeting,
cause notice to be given to each entitled Member specifying, in addition to the
matter required under clause (1), the intention to propose the resolution as a
special resolution.

No business other than that specified in the notice convening a general meeting
is to be transacted at the meeting except, in the case of an annual general meeting,
business which may be transacted under sub-rule 41(2).

A Member, who must have voting rights, desiring to bring any business before a
general meeting may give notice in writing to the Public Officer who shall include
that business in the next notice calling a general meeting given after receipt
of the notice from the member.

Presiding member

The Chairman or, in the Chairman’s absence, the Vice Chairman, is to preside
as chairperson at each general meeting of the Organisation. The President or
Vice Presidetn shall preside if the meeting involves only the Management Committee.

In the absence of the members mentioned above, the meeting must be rescheduled
for another time.

Adjournment

The chairperson of a general meeting at which a quorum is present may, with
the consent of the majority of Members present at the meeting, adjourn the
meeting from time to time and place to place.

In addition to the business left unfinished at the meeting at which the
adjournment took place, any other business may be transacted at an adjourned
meeting where the majority of Members present at the adjourned meeting agree.

The Public Officer shall give written or oral notice of the adjourned meeting
to each entitled Member of the Organisation stating the place, date and time
of the meeting and the nature of the business to be transacted.

Except as provided in clauses (1), (2) and (3), notice of an adjournment of
a general meeting or of the business to be transacted at an adjourned meeting
is not required to be given.

Special resolution

Only those decisions specified in the Act are required to be decided by a
special resolution.

A resolution of the Organisation is a special resolution:

• if it is passed by a majority which comprises at least three-quarters of
  the Members of the Organisation, being entitled under these rules so to do,
  vote in person at a general meeting of which at least 21 days’ written notice
  specifying the intention to propose the resolution as a special resolution
  was given in accordance with these rules, or
• where it is made to appear to the Commissioner that it is not practicable
  for the resolution to be passed in the manner specified in paragraph (a),
  if the resolution is passed in a manner specified by the Commissioner.

Voting

• On any question arising at a general meeting of the Organisation a Member
  has one vote only.
• Only the Council members are entitled to vote. The general members have
  no voting rights.
• All votes must be given personally.
• In the case where there is lack of consensus about a question arising at
  a general meeting, the presiding member’s opinion is deemed to be the
  decision of the general meeting.
• A Member is not entitled to vote at any general meeting of the Organisation
  unless all money due and payable by the Member to the Organisation has been
  paid, other than the amount of the annual subscription payable in respect
  of the then current year.

Insurance

The Organisation may effect and maintain insurance.

Funds – source

The funds of the Organisation are to be derived from annual subscriptions
of Members (if applicable), donations, grants, sponsorships, entrance and
other fees, and sales of goods and services, and such other sources as the
Management Committee determines.

All money received by the Organisation must be deposited as soon as practicable
and without deduction, except where such money is used to pay Organisation
expenses and such payments are authorised by the Organisation according to
its Financial polices, to the credit of the Organisation’s bank account.

Where required, the Organisation shall, as soon as practicable after receiving
any money, issue an appropriate receipt, unless the payee requests otherwise.

Funds – management

Subject to any resolution passed by the Organisation in a general meeting,
the funds of the Organisation are to be used in pursuance of the objects of
the Organisation in such manner as the Management Committee determines.

All cheques, drafts, bills of exchange, promissory notes and other negotiable
instruments must be handled in accordance with the Funds Management Policy
that is approved by the Council.

Alteration of objects and rules

The statement of objects and these rules may be altered, rescinded or added to:

• by way of a unanimous decision of the Council in the event that the objectives
  remain unchanged and if the changes do not contradict the current constitution
  or basic traditional Islamic principles;
• by way of a special resolution of the Organisation and approval by the Chairman
  in the event that the changes include alteration to the objectives or contradict
  the current constitution or basic traditional Islamic principles,

however, no amendment may contradict the Quran, Sunnah of the majority opinion
within Hanafi Jurisprudence.

Common seal

The Organisation may choose to utilize a common seal.

The common seal of the Organisation shall be kept in the custody of the public
officer or Public Officer, unless otherwise decided by the Management Committee.

Where the Organisation does utilize a common seal, the common seal must not
be affixed to any instrument except by the authority of the Management Committee
and the affixing of the common seal must be attested by the signatures either
of 2 members of the Management Committee or of 1 member of the Management
Committee and of the public officer or Public Officer.

Custody of books

Except as otherwise provided by these rules, the President or Public Officer
or such other person as specified by the Management Committee, shall keep in
his or her custody or under his or her control all records, books and other
documents relating to the Organisation.

Service of notices

For the purpose of these rules, a notice may be served on or given to a person:

• by delivering it to the person personally; or
• by sending it by pre-paid post to the address of the person; or
• by sending it by facsimile transmission or some other form of electronic
  transmission (such as email) to an address specified by the person for
  giving or serving the notice; or
• by any means reasonable.

Employment

Employment of staff for the Organisation must be in accordance with an
Employment Policy that is approved by the Council.

The Council, with the vote of at least two members and the Chairman, have
the power to decide on the issue of employment.

Members involved in the teaching programmes will receive remuneration based
on a casual hourly rate negotiated prior to the commencement of the teaching
programme with unanimous approval from the remaining members required.

Payment of office bearers etc

Any payments to Members are only to be for the repayment of out of pocket
expenses or for a business transaction entered into between the Member and
the Organisation.

Where the Council is considering entering into a business transaction with
a Member, the Member must not participate in the decision making process,
except to the extent that information is requested from the Member by the
Organisation. The Council will need the vote of at least two members and
the Chairman for the business to be approved.