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How much notice would a voluntary organisation need to give our members of an extraordinary meeting to be held to stand down two executives who have not been fulfilling their positions?

This question has been asked by Christopher from South Australia.

The answer usually lies in your own organisation’s constitution or rules. An extraordinary meeting is different to an Extraordinary General Meeting (EGM). An extraordinary meeting or special meeting is just a meeting of the committee or members where no business that requires a special resolution is required or where there may be a need to fill a casual vacancy on the committee or something along those lines. An Extraordinary General Meeting (EGM) is one where all members have the right to attend and vote according to their class of membership.

Your question mentions standing down two executives. That should not be done lightly and so from what you have said, the meeting is an Extraordinary General Meeting. That’s where your constitution or rules come in. It will dictate the notice period for an EGM or an AGM (Annual General Meeting). Typically, the notice required for an EGM is 21 days. I do not know what legislation your organisation operates under. It may be the Associations Incorporation Act, or it could be the Corporations Act. The former is different in every state of Australia – that is each state has its own legislation. The Corporations Act is federal and dictates the notice should be  21 days but there are some variations to that so it is wise to check your specific requirements.

Please Note: The author accepts no responsibility for anything which occurs directly or indirectly as a result of using any of the suggestions or procedures detailed in this blog. This is not, and should not be taken as legal advice. All suggestions and procedures are provided in good faith as general guidelines only and should be used in conjunction with appropriate advice relevant legislation, constitutions, rules, laws, by-laws, and with reasonable judgement. If you are in any doubt, seek appropriate advice.
David Julian Price

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