Rivers Volunteer Bushfire Brigade Constitution. November 2014

Transcription

1 Rivers Volunteer Bushfire Brigade Constitution November 2014

2 Document control Approval Role Name Date Prepared by: Captain Matt Dutkiewicz Sep - Nov 2014 Reviewed by: Deputy Captain Tony Hill November 14 Reviewed by: Secretary Mark Sturdy November 14 Approved by: President Simon Katz 26 November 14 Change record Date Version Change reference 23 August September September August November Rewrite and adopt ACTRFS generic format Address 903 Cotter Road WESTON CREEK ACT 2611 PO Box 7217 DUFFY ACT 2611 Page 2 of 20

3 Table of contents Document control 2 Approval 2 Change record 2 Address 2 Table of contents 3 1. Name 5 2. Mission 5 3. Objectives 5 4. Brigade area and location 5 5. Membership 6 6. Fees 8 7. Finance 8 8. Governance and leadership Executive Administrative positions Operational positions Annual General Meeting Special General Meetings Rivers Brigade Committee Meetings Quorum Voting for positions Duties of position holders Volunteer Brigades Association representative Duties of members Returning members Constitution amendments Brigade Policy, Standard Operating Procedures, Factsheets and Checklists Dissolution of Rivers Volunteer Bushfire Brigade Authorisation 18 Page 3 of 20

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5 1. Name 1.1 The name of the organisation is Rivers Volunteer Bushfire Brigade (Rivers Brigade). Rivers Brigade is one of a confederation of Volunteer Bushfire Brigades in the ACT that comes under the jurisdiction of the ACT Rural Fire Service (ACTRFS), which in turn is part of the ACT Emergency Services Agency. 2. Mission 2.1 To protect the community and our environment, Rivers Brigade acts to minimise the impact of bushfires. We do this by providing the highest standards of training, community education, prevention and operational capability. 3. Objectives 3.1 The objectives of the Rivers Brigade are: Protect and preserve life, property and the environment from fire in the Australian Capital Territory (ACT) in accordance with the Emergencies Act 2004 (the Act) including to: respond to fire in rural areas undertake community education about fire preparedness provide input into operational planning for fire outside the city area (in consultation with the Emergency Services Agency, ACT Fire and Rescue, ACT State Emergency Service and ACT Ambulance Service) Support other entities in the exercise of their functions under the Act. Provide any other functions prescribed under the Emergencies Regulations Raise funds to support Rivers Brigade to fulfil its objectives. Represent member s interests by providing input into administrative governance of the Emergency Services Agency (ESA) and ACT Rural Fire Service (ACTRFS) through the Brigade President and Captain and Volunteer Brigades Association (VBA). 4. Brigade area and location 4.1 The area for which Rivers Brigade is primarily responsible is the land within the boundaries determined and promulgated by the ESA. The ESA in turn determines area of responsibility based on the Act. 4.2 The Rivers Brigade operates from the Brigade s facilities located at 903 Cotter Road, Weston Creek, Page 5 of 20

6 5. Membership 5.1 Membership is open to persons over the age of 16 years who fulfil the membership requirements. Applicants less than 18 years of age require parental or guardian approval for both membership and participation in operational activities. There are various types of membership, each with different eligibility and requirements. 5.2 Types of membership: Firefighters These members perform firefighting duties. To recognise work/life/volunteer balance of members, Rivers Brigade has three status levels of Firefighter membership. Active An active member regularly attends Rivers Brigade activities. They are at the required competency for their membership type including a current fitness standard and are a financial member. Non-Active A non-active member does not regularly attend Rivers Brigade activities, or hold the required skill or competency or is not a financial member. This status also exists for members that may be on maternity leave, an overseas posting, have an injury or their current circumstances do not allow for regular attendance. Non-active members are not eligible to attend Rivers Brigade activities, other than Brigade meetings, until they meet the relevant requirements. Recruit A recruit has successfully joined the ACTRFS and Rivers Brigade including completing the induction course and fitness test but has not yet completed the minimum training qualifications. Recruits may participate in all Rivers Brigade activities except activities that involve live fire (either training or operations). Recruits should progress to active members within a year of joining unless authorised by the Rivers Executive. The Brigade may require a Recruit member to wear a signifier on their PPE to indicate their status. Support These members perform support activities but not firefighting, for example, a callout officer or a member of Incident Management Team (IMT). Honorary The Rivers Executive grants honorary membership in recognition of support received by the Rivers Brigade. If an honorary member wishes to become a Firefighter or Support member, they must undertake the application process outlined in ACTRFS and Rivers Brigade Standard Operating Procedures (SOPs). Rural These members are rural leaseholders or representatives of rural leaseholders within the Rivers Brigade area of operations or adjoining NSW. The ACTRFS may allocate a slip on unit to the lease of a rural member (in the ACT) however; they are not members of the ACTRFS. If a rural member wishes to become a Firefighter or Support member, they must undertake the application process outlined in ACTRFS and Rivers Brigade SOPs. Page 6 of 20

7 Life member The Rivers Brigade Committee grants life membership in recognition of service to Rivers Brigade or the ACTRFS. Generally, grant of life membership is for members that have performed outstanding, continuous and diligent service with Rivers Brigade over a long period. Any current financial member may submit nominations for life membership to the Rivers Executive. A successful nominee receives life membership at the Rivers Brigade Annual General Meeting. Life members are exempt from paying membership fees. Life members may remain operational if they meet the requirements of the ACTRFS. 5.3 Applicants join by completing a Rivers Brigade application form. Following consideration, by Rivers Brigade, the President and Captain may approve the application in accordance with the applicable Rivers Brigade SOPs. Non-approval means that the applicant cannot become a member of Rivers Brigade. 5.4 Firefighters and Support members of Rivers Brigade are members of the ACTRFS. Membership of the ACTRFS is subject to the approval of the Chief Officer of the ACTRFS. Members must complete an ACTRFS membership application form, in accordance with the applicable ACTRFS SOPs upon joining Rivers Brigade. 5.5 Members may be a member of more than one ACTRFS Brigade. Dual membership is subject to the approval of the Captain of each Brigade that the Member intends to join. 5.6 New members are subject to a probationary period of six (6) months from the date of approval of their application. During the probation period, the Rivers Brigade Executive may terminate the membership. If the Rivers Brigade Executive is considering the termination of the membership, where possible and if appropriate, a Rivers Brigade representative should first contact the member to discuss the matter. In some cases where Rivers Brigade loses contact with a new member for whatever reason, the Rivers Executive may make a decision to terminate the membership independent of the member and is not required to consult the member. The Rivers Brigade Secretary must notify the Chief Officer of the ACTRFS in writing of such a decision within seven days of the decision. 5.7 Rivers Brigade Secretary keeps a register of its members. The register includes (but is not limited to): the name of each member the contact details of each member, including address, phone number and address details of any physical or other medical limitation that might affect the members ability to undertake duties with Rivers Brigade or the ACTRFS next of kin details for each member, including a contact phone number training and qualifications of each member deployment experience Honorary members (Honorary members are not included in any report to the ACTRFS). 5.8 Members must inform Rivers Brigade of changes to any of their details kept on the register. Page 7 of 20

8 5.9 Members of Rivers Brigade must maintain the competency and other standards prescribed in ACTRFS and Rivers Brigade SOPs for their membership type. Rivers Brigade may change the membership type of a member if the member fails to meet a required competency or standard. Members may change their status from active to non-active at any time, in consultation with the Captain. The Rivers Executive may change the status of a member at any time, in consultation (where possible) with the member Members may resign their membership from Rivers Brigade at any time in writing (by post or by ). Resigning members must return any equipment, including personal protective equipment, training materials, keys and identification card to Rivers Brigade as soon as possible. Rivers Brigade may request the resigning member to complete an exit survey and check list The Rivers Executive in consultation with the member and a VBA representative (where possible) may cancel a membership and remove a member from the Rivers Brigade register at any time. If the membership cancellation is due to a member not meeting a mandatory requirement (for example, not paying fees, or unapproved absence of more than two consecutive fire seasons), the member may show cause as to why they keep their membership. If the membership cancellation is a disciplinary matter, the policy for disciplining members applies The Secretary shall advise the Chief Officer, ACTRFS in writing (by post or ) of any members removed from the Rivers Brigade register within seven days of the removal of the member Members removed from the Rivers Brigade register must return any equipment issued to them by Rivers Brigade or the ACTRFS, including personal protective equipment, training materials, keys and identification card to Rivers Brigade within seven days following notification. 6. Fees 6.1 The members at the Annual General Meeting (AGM) will determine membership fees (individual members, family membership, concession and rural membership) for the next twelve (12) months. The fees are payable within two months of the meeting. The Rivers Executive in extraordinary circumstances may extend this time limit. 6.2 Rivers Brigade may set the fee at $ After two months from the date of the Rivers Brigade AGM, the status of nonfinancial members is set to non-active. Members will receive a reminder of their obligation to pay first. 7. Finance 7.1 The Rivers Brigade Committee use Brigade funds as appropriate to achieve the objectives of Rivers Brigade. They monitor the financial position of Rivers Brigade Page 8 of 20

9 and determine the level of additional funds required by the Brigade, and request members to raise funds. 7.2 Rivers Brigade will elect a Treasurer at its AGM. 7.3 Rivers Brigade may elect an Assistant to the Treasurer (at the AGM) who will assist the Treasurer in the collection and receipt of membership fees and other such duties as determined by the Treasurer. 7.4 The President, Treasurer, Secretary and Captain of Rivers Brigade will be signatories to any account or fund maintained by Rivers Brigade, with any two to sign. 7.5 The Treasurer will maintain bank account(s) in the name of Rivers Brigade at an appropriate banking institution. Rivers Brigade will maintain the minimum number of accounts for simple and transparent accounting and management of funds. 7.6 The Treasurer will maintain a separate bank account as a gift fund for managing all tax deductable donations and approved expenditure. The object of this fund will be to receive gifts from the public solely for supporting the volunteer-based fire and emergency services activities of Rivers Brigade. The Treasurer will handle all donations made to Rivers Brigade in accordance with the ACT ESA Commissioner s Guidelines on Donations policy. 7.7 Only authorised members may expend funds. The expenditure of any amount over $200 must have the approval of the Rivers Brigade Committee and such approval recorded in the minutes monies between $30 and $200 requires prior approval of one of the bank account signatories less than $30 may be made by an office holder of Rivers Brigade with endorsement by the Treasurer before reimbursement. 7.8 Monies raised by Rivers Brigade may be used for the following purposes: updating of existing equipment and gear purchase of new equipment and gear improvements to Rivers Brigade facilities workplace health and safety matters repairs to Rivers Brigade owned equipment and gear administration of Rivers Brigade maintaining the teamwork, capability and environment of Rivers Brigade meeting financial obligations of the ACT Volunteer Brigades Association (however described) the welfare of sick or injured members and their families the welfare of families of deceased members Page 9 of 20

10 other purposes specifically agreed to by the ACT ESA Commissioner, the ACTRFS Chief Officer. 7.9 There shall be no distribution directly or indirectly of any portion of Rivers Brigade funds, asset or income to Rivers Brigade members except as bona fide compensation for services or expenses authorised by Rivers Brigade. Any request for reimbursement from Rivers Brigade funds will be accompanied by a reimbursement claim form and supporting documentation. is acceptable for the purpose of notification and written approval The Treasurer or assistant will issue receipts on request for any donations over $2.00 or more, provided the people making the payment or donation identify themselves The financial year for Rivers Brigade shall commence on 1st July and end on 30th June the following year The membership appoints an auditor by motion and show of hands at every Annual General Meeting. The auditor should be a competent person(s) who is not a member of the Rivers Brigade Committee. They will serve as Rivers Brigade Auditor(s) until the next AGM The Auditor shall audit the accounts of Rivers Brigade not less than seven (7) days before the AGM, shall certify to their correctness or otherwise, and present a report to the AGM. 8. Governance and leadership 8.1 This Constitution defines positions responsible for the governance and leadership of Rivers Brigade. Position holders provide strategic, co-ordinated, professional leadership and safe management of Rivers Brigade. They promote and deliver respect, democracy, accountability, and transparency and should be efficient and effective in their work for Rivers Brigade. 8.2 Rivers Brigade position holders contribute additional time and expertise over that of regular members. 8.3 The selection of position holders is by a vote of eligible members. All Firefighter, Support, Rural and Life members are eligible to vote. Honorary and non-active members are not eligible to vote. 8.4 All Firefighter, Support, and Life members are eligible to stand for an Administrative position. Only Firefighter members are eligible to stand for an operational position. Rural members may stand for nominated Administrative positions with the endorsement of the Rivers Brigade Committee. 8.5 Operational officers are responsible for the day-to-day operational management of Rivers Brigade. They report their activities and decisions to the Rivers Brigade Committee at the next Rivers Brigade Committee meeting, wherever practicable. 8.6 Rivers Brigade Executive members are responsible for the day-to-day administrative management of Rivers Brigade. They report their activities and Page 10 of 20

11 decisions to the Rivers Brigade Committee at the next Rivers Brigade Committee meeting, wherever practicable. 8.7 The Rivers Brigade Committee shall make themselves available for communication, consultation and suggestions for new ideas and the advancement of the Brigade. 9. Executive 9.1 Executive positions in Rivers Brigade are: President Secretary (non-voting minute taker) two elected member from the Brigade membership Captain Senior Deputy Captain. 10. Administrative positions 10.1 Administrative positions in Rivers Brigade are: President Secretary Treasurer Assistant Treasurer Membership coordinator Recruitment coordinator Equity and Diversity coordinator Equipment coordinator Remote Area Fire Fighting team (RAFT) Equipment coordinator First Aid coordinator Facilities coordinator Community Engagement officer RAFT co-ordinator Training coordinator Workplace Health and Safety coordinator two elected Executive member from the Brigade membership Other positions as required from time to time Rivers Brigade Administrative positions are responsible for the administrative management of Rivers Brigade in accordance with the duties and responsibilities Page 11 of 20

12 set down for the relevant position descriptions and/or as determined by the President and outlined in the Rivers Brigade SOPs Rivers Brigade Administrative positions shall be open to members of Rivers Brigade. The Rivers Executive may remove a person from an administrative position In the event an Administrative position becomes vacant before that position s term has expired, the Rivers Brigade Committee may call for nominations from the Rivers Brigade and recommend an appointment by resolution at a Rivers Brigade Committee meeting. The Rivers Executive may then endorse this recommendation A member may hold a maximum of two (2) administrative positions or one (1) additional operational position within the Brigade but shall have only one (1) vote at any Rivers Brigade meeting. 11. Operational positions 11.1 Rivers Brigade Operational positions shall comprise: Captain Senior Deputy Captain (if elected) Deputy Captains (number as determined operationally necessary at the AGM by the elected Captain) Rivers Brigade operational positions are responsible for the operational management of Rivers Brigade in accordance with the duties and responsibilities set down for the relevant position and/or as determined by the Captain and outlined in the Rivers Brigade operational plan Rivers Brigade Operational positions shall be open to Rivers Brigade active members (including Life Member) in the year prior to the AGM who meet the requirements specified by ACTRFS. A member who accepts a Rivers Brigade Operational position is required to be a financial member including Life Member for the duration of their term The positions of Captain, Senior Deputy Captain (if elected) and Deputy Captains are subject to ratification by the Chief Officer of the ACTRFS prior to holding office A majority vote at a quorate Special General Meeting may remove a member who holds an operational position In the event a Rivers Brigade Operational position becomes vacant before that position s term expires, a vote at a Special General Meeting shall fill the vacancy. The Rivers Executive may delay filling the position until the next AGM. If an appointment occurs at a Special General Meeting, the appointment is subject to ratification by the Chief Officer of the ACTRFS. Page 12 of 20

13 11.7 If the Rivers Brigade Operational position vacancy falls within three months of the Annual General Meeting, the Rivers Brigade Executive may resolve to defer the vacancy until the Annual General Meeting A member may hold a maximum of one (1) operational position and one (1) administrative position but shall have only one (1) vote at any Rivers Brigade meeting To allow for succession planning and the stability for the operations of Rivers Brigade, from the 2015 Rivers Brigade AGM onwards, the terms for operational positions will be two (2) years. There will be alternate voting for the Captain and half of the Deputy Captain positions in one year and the balance of the Deputy Captain positions in the next. The Secretary will maintain a register of these arrangements. 12. Annual General Meeting 12.1 Rivers Brigade holds its Annual General Meeting (AGM) at a time determined by the Rivers Brigade Committee but before 30 July each year. The President will chair the AGM. In the absence of the President, the Captain, senior deputy or deputy will perform the role The AGM will be held at the Rivers Brigade Shed or a location determined by the Rivers Brigade Committee. The AGM shall include (but is not limited to): a review of the activities of Rivers Brigade for the previous year elections for positions provided in this Constitution The Secretary shall give members and the Chief Officer of the ACTRFS at least thirty-day s written (by post or ) notice of the AGM. The notice is to include (but not limited to): details about the time and place for the AGM a call for nominations for the positions provided in this Constitution requiring that nominations are to be made in writing to the Secretary not less than seven days prior to the meeting any proposed changes to this Constitution a nomination for proxy voting Only financial members of Rivers Brigade may vote on motions at an AGM. Members are financial for the purposes of voting at Rivers Brigade meetings if they pay their outstanding membership fees prior to the start of that meeting. Voting on motions is by a show of hands unless a member(s) requests a count. The chair will determine if a count is appropriate and nominate tellers. There shall be proxy voting. In the event of a count of votes, the Secretary shall declare the number of proxy votes as part of the count and record them in the minutes If an election is necessary to fill a position provided for in this Constitution, then voting shall be in accordance with the provisions of the section of this Constitution on Voting for positions (see index). Page 13 of 20

14 13. Special General Meetings 13.1 The Rivers Brigade Committee may call a Special General Meeting at any time. The Secretary shall give members at least seven (7) days written (by post or ) notice of the meeting. The notice is to include the purpose of the meeting A financial member of Rivers Brigade may submit a written (by post or ) request to the Rivers Brigade Committee to hold a Special General Meeting. Member(s) submit requests via the Secretary and provide their reason. The Rivers Brigade Committee shall consider all requests as soon as possible but within two weeks of receipt A signed petition from 30 or more members is cause for the Rivers Brigade Committee to instigate a Special General Meeting within seven (7) days There will be no proxy votes at a Special General Meeting and only financial members present at the meeting may vote. Voting on motions is by a show of hands unless a member(s) requests a count. The chair will determine if a count is appropriate and nominate tellers. 14. Rivers Brigade Committee Meetings 14.1 There shall be a Rivers Brigade Committee. The role of the committee is to discuss issues affecting the Brigade and to provide advice to the Rivers Executive for decision. All members may attend the Rivers Brigade Committee meetings however, office holders should attend especially when matters of concern to their office are on the agenda. The Rivers Executive should attend all meetings A meeting of the Rivers Brigade Committee shall occur at least once every three (3) months or at any time that the Rivers Brigade Committee determines. The Secretary shall give members at least seven (7) days written (by post or ) notice of the meeting. The notice is to include the purpose of the meeting and an agenda. The President will chair the Rivers Brigade Committee. In the absence of the President, the Captain, senior deputy or deputy will perform the role The purpose of the Rivers Brigade Committee meeting is to: provide advice and guidance to the Brigade Executive monitor the financial position of Rivers Brigade and any financial transactions made since the last Rivers Brigade Committee meeting endorse Rivers Brigade guidance material such as SOPs, checklists and fact sheets The Secretary shall keep a record of Rivers Brigade Committee meetings that any member or the Chief Officer of the ACTRFS may access. Minutes of Rivers Brigade Committee meetings will be on display at the Rivers Brigade shed and on the Rivers Brigade website for the information of members. Page 14 of 20

15 15. Quorum 15.1 A quorum for meetings in Rivers Brigade shall be: at least 50 per cent (50%) of financial members, eligible to vote present at any Annual General Meeting at least 25 per cent (25%) of financial members, eligible to vote present at any Special General Meeting five (5) members including one (1) member of the Executive at any Rivers Brigade Committee Meeting. 16. Voting for positions 16.1 If there are more nominees than positions then a vote will occur. Voting will be by secret ballot with one vote per financial member. The Secretary will accept proxy voting before the start of the Annual General Meeting. Proxy votes must be in writing in a sealed envelope, or in an sent to the Brigade Secretary. Members submitting a proxy vote must be financial at that Annual General Meeting Honorary members have no voting rights in any ballot or for any resolution at Rivers Brigade meetings. Honorary members are not eligible for election to a position within the Rivers Brigade The Rivers Brigade Committee will nominate a returning officer and assistant as required All elections are on a majority vote basis. In the event of a tie for a position or the final position where the vote is for more than one position, there will be a recount. If the vote is still a tie then there will be another vote by all eligible members within the following two weeks Rivers Brigade can determine the length of the term of elected positions. However, no member can hold the same position for more than two consecutive years, unless that member is re-elected through the voting process at the relevant AGM. 17. Duties of position holders 17.1 Position holders are to undertake their duties and exercise their powers and functions in accordance with the Emergencies Act 2004, ACTRFS SOPs, this Constitution, Rivers Brigade Position Descriptions and Rivers Brigade SOPs, fact sheets and checklists. Page 15 of 20

16 18. Volunteer Brigades Association representative 18.1 The members at the AGM shall elect Volunteer Brigade Association Representatives for a minimum of one (1) year term. They shall hold office until the next Annual General Meeting, where they shall be eligible for re-election The number of representatives elected will be subject to advice from the VBA. 19. Duties of members 19.1 Any individual who becomes a member of Rivers Brigade does so in the knowledge that he/she will abide by Rivers Brigade Constitution, SOPs, fact sheets and checklists; the ACTRFS Code of Conduct; the Volunteer Charter; and the Commissioner s Guideline relating to Appointment and Probation Arrangements for Volunteers Members of the ACT Emergency Services Agency Volunteers in the ACTRFS and Rivers Brigade are required to accept responsibility for personal protective equipment issued to them, their fitness level, training and reasonable attendance at Rivers Brigade training, community events and working bees. Members shall obey any lawful and/or reasonable direction given by Rivers Brigade or any ACTRFS position holders and crew leaders. 20. Returning members 20.1 When a member has been out of contact with Rivers Brigade for more than twenty-four months, they must reapply as for a new member. This includes nonactive members who should not keep non-active status for more than two consecutive fire seasons unless authorised by the Captain or Rivers Executive When a returning member successfully completes the relevant Rivers Brigade and ACTRFS application process, Rivers Brigade retains the right to confirm Brigade membership only if the member meets the requirements outlined in the Rivers Brigade Constitution and agrees to abide by the Constitution, ACTRFS and Rivers Brigade policies, SOPs, factsheets and checklists including the ACTRFS Code of Conduct Returning members are required to complete the probationary membership period. Returning members may nominate to a position within Rivers Brigade while completing the probation period. 21. Constitution amendments 21.1 The members of Rivers Brigade may add to, repeal, or amend any section of this Constitution by resolution at a Rivers Brigade Annual or Special General Meeting called for the purpose. Passing of such a resolution requires a majority of at least two-thirds (67%) of the members voting. Page 16 of 20

17 21.2 In the event that Rivers Brigade cannot resolve a dispute relating to the interpretation of this Constitution, the President is to seek guidance from the ACTRFS Chief Officer for resolution. 22. Brigade Policy, Standard Operating Procedures, Factsheets and Checklists 22.1 Rivers Brigade may make the following instruments to assist the good management of the Rivers Brigade's operational and administrative functions: Rivers Brigade Policy documents Rivers Brigade operational plan Rivers Brigade SOP s and checklists for specific operational or administrative requirements Rivers Brigade fact sheets on specific operational or administrative requirements Policies, SOP s, factsheets and checklists require the Rivers Brigade Committee endorsement and Captain s approval before issue Rivers Brigade SOPs, checklists and factsheets shall be consistent with: this Constitution the ACTRFS Code of Conduct the Commissioner s (ACT Emergency Services Agency) Guidelines the Volunteer Charter the ACTRFS SOPs and Chief Officer's Guidelines Rivers Brigade s Policy, SOPs, checklists and factsheets do not form part of this Constitution. 23. Dissolution of Rivers Volunteer Bushfire Brigade 23.1 In the event that dissolution of Rivers Brigade occurs or its deductable gift status revoked (whichever occurs first), any surplus of the following assets shall be transferred to another organisation to which income tax deductable gifts can be made: gifts of money or property for the principal purpose of the organisation contributions made in relation to an eligible fundraising event held for the principal purpose of the organisation money received by the organisation because of such gifts and donations The Treasurer shall transfer any remaining assets of Rivers Brigade following the process above to any other organisation eligible for income tax deductible gifts or any other ACTRFS brigade or ACTSES unit with similar purposes. Page 17 of 20

18 24. Authorisation 24.1 The members of the Rivers Volunteer Bushfire Brigade accepted this constitution by resolution. Page 18 of 20

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