Rules

The name of the Association shall be "The Fire Service Fund" and wherever appearing in these rules "Association" shall mean The Fire Service Fund. "The Fund" shall mean the moneys assets and property constituting The Fire Service Fund.

2. INTERPRETATION

2.1 In these rules, unless by their context shall otherwise apply:-

2.1.1 "Benefits" shall mean any or all (as may be appropriate) of the monetary benefits payable to Members pursuant to these Rules and as varied from time to time by the Management, being any of:-

2.1.1.1 Sickness and Accident Benefits (Rule 21);

2.1.1.2 Ambulance Benefits (Rule 22);

2.1.1.3 Death Benefits (Rule 24);

2.1.1.4 Funeral Benefits (Rule 26);

2.1.1.5 Hospital Benefits (Rule 27);

2.1.2 "FSEN" means the Company Fire Service Employees Nominees Pty. Ltd. A.C.N. 008 026 006 being a company incorporated in the State of South Australia and having its registered office situate at 20 Chancery Lane Adelaide being the duly appointed and authorized custodian trustee for the Fund;

2.1.3 "the Management" shall mean the Management Committee referred to in Rule 4.1;

2.1.4 "Member" means any person admitted to Membership of the Association in accordance with Rule 8 and whose membership has not been terminated in accordance with Rule 9 and shall include unless express provision to the contrary is made herein, any person admitted to Membership as a Full Member, Life Member or Associate Member;

2.1.5 "Officer" means any person who is a member of the Management;

2.1.6 "Quorum" means in relation to a meeting of the Management and for the purposes of conduct of business by the Management not less than five (5) Members of the Management and in relation to an Annual General Meeting or Special Meeting of Members shall mean not less than twenty (20) Members;

2.1.7 "Spouse" in relation to a Member includes another person who although not legally married to the Member lives with the Member on a bona fide domestic basis as the husband or wife of the Member.

2.2 Reference to the male gender shall mean and include where appropriate reference to the female gender.

2.3 Reference to the singular shall include where necessary reference to the plural.

3. OBJECTS OF THE ASSOCIATION

The objects of the Association shall be to assist Members by the co-ordination and provision of monetary and other benefits to Members and their families in case of the death or incapacity for work of a Member and by the provision of other health related financial services and information and by any other such benevolent activity in the interests of Members which may be agreed by the Management may from time to time but primarily:-

3.1 To provide financial assistance to Members during any period that a Member is unable to work because of personal sickness, accident or incapacity as a result of ill-health;

3.2 To provide a benefit to a dependant in the event of a Member's death;

3.3 To provide any benefit recommended by the Management subject to these Rules;

3.4 To act as an agency for the collection of government and other health benefit fund contributions insurances or such other benefits as agreed upon from time to time and to make payment to a determined or specified registered health benefit organisation or other organisation recognised by the State or Commonwealth Governments from time to time;

3.5 To provide Members with assistance in paying emergency costs of a recognised ambulance service in accordance with Schedule Two (approved from time to time by the Management);

3.6 To make donations or present gifts to bodies corporate or incorporate from time to time in accordance with Schedule Seven;

3.7 Where the Management considers it appropriate, having regard to the state of health of any Member or family of such Member, to procure by way of purchase, lease, hire or otherwise property, personal chattels or other goods for any Member or family of such Member of the Association as may be determined from time to time by the Management.

3.8 The assets and income of the Association shall be applied solely in the furtherance of the objects set out in this Rule 3 and no portion shall be distributed directly or indirectly to any Member except as bona fide compensation for services rendered,expenses incurred on behalf of the Association or as the payment of benefits.

4. THE MANAGEMENT OF THE ASSOCIATION

4.1 The Management of the Association shall be vested in a Management Committee which is comprised of the duly appointed Directors of FSEN from time to time.

4.2 The Management shall be empowered to delegate to an agent, employee or a contractor (to be known for the purposes of these Rules as "the Manager") the duties and obligations set out in Rule 12.1. The Manager shall be responsible for the day to day management and administration of the Fund and shall be subject to the direction and control of the Management.

5. DUTIES AND POWERS OF THE MANAGEMENT

The Management shall exercise all powers and perform all such duties as are necessary to ensure the proper control, management and operation of the activities of the Association and which powers and/or duties are not required by these Rules to be exercised by the Association in a meeting of members and in particular but without limiting the generality of the foregoing the Management may:-

5.1 Pay the charges and expenses incidental to conducting the business of the Association;

5.2 Employ or take on contract the Manager and any person or persons considered necessary for the management of the activities of the Association and for carrying out the objects of the Association;

5.3 Terminate the employment of any person or persons employed by the Association;

5.4 Suspend from the Association and/or remove from the Management any Member guilty of improper conduct or disobedience of the Rules;

5.5 Demand and collect all contributions, levies and redemptions payable by Members, and remit the whole or any part thereof;

5.6 Vary from time to time the rate of contributions payable by the Members as set out in the Contributions Schedule;

5.7 Pay benefits in accordance with the Schedules to these Rules as approved from time to time by the Management or on such other basis as the Management may in its absolute discretion determine from time to time;

5.8 Authorise payment of benefits to Members of the Association as may be claimed by Members from time to time, such payments to be considered for the purposes of these Rules to be duly authorised if accepted and authorised by any two Members of the Management;

5.9 Ensure that all moneys received are paid to the credit of the Association with a recognised bank or other financial institution;

5.10 Sign cheques on behalf of the Association and in this regard the signature of any two Members of the Management shall be considered sufficient, unless otherwise decided from time to time by the Management;

5.11 Appoint such sub-committees to assist in the good management and operation of the business of the Association as may be decided from time to time by the Management;

5.12 Nominate medical or dental practitioners from time to time to act as referees for the Association in relation to questions of Members' entitlements to benefits;

5.13 Appoint solicitors and/or consultants to act for the Association;

5.14 Invest and from time to time realise and reinvest any moneys or other assets of the Association in such manner as the Management shall think fit;

5.15 Acquire any estate or interest in land in any State or Territory of the Commonwealth of Australia or elsewhere whether subject or not to any lease easement restrictive covenant or other encumbrance of any nature whatsoever and any such estate or interest in land may be acquired by the Management in common with any other person or body corporate or the trustee of any trust fund.

5.16 Lease or take on lease any real or personal property for any term or terms at any rental and generally upon any terms and conditions make allowances to and arrangements with lessors and lessees and others to determine or surrender tenancies and leases and to accept surrenders of tenancies and leases with or without any consideration;

5.17 Borrow or raise money in such manner and upon such terms and conditions and for such purposes as the Management may think fit and any such moneys may be borrowed or raised by the Management jointly with any other person or body corporate or the trustee of any trust fund and on the footing that the Association

assumes a joint and several liability with such other person body corporate or trustee for the repayment thereof and interest thereon and any such moneys may be borrowed by the Management for the benefit of several funds of which the Association may be one and on the footing that the Management is entitled to a complete indemnity from the Association in respect of all of such moneys and interest therein and no lender shall be concerned to enquire as to whether the necessity for any such borrowing has arisen or as to the purposes for which such money is required or as to the application of the moneys so borrowed;

5.18 Secure the repayment or payment of any moneys borrowed or raised and the payment of interest thereon or the repayment or performance of any debt or liability incurred by the Management in any way and in particular by mortgage charge pledge or other security over all or any part of the assets of the Association and any such mortgage charge pledge or other security may be given or created by the Management jointly with any other person or body corporate or the trustee of any trust fund and on the footing that the Association assumes a joint and several liability with such other person body corporate or trustee thereunder and any such mortgage charge pledge or other security may be created by the Management in respect of any real or personal property of several funds of which the Association may be one and notwithstanding that any assets of the Association may be rendered liable thereby as security for the whole of the moneys thereby secured and any such mortgage charge pledge or other security shall contain such covenants powers and provisions as the Management may think fit;

5.19 Guarantee with or without security and upon such terms and conditions as the Management shall deem fit the performance of contracts and the performance of any obligations or undertakings of any other person corporation partnership firm or association including the payment of interest principal and premium if any on bonds debentures or other securities mortgages or liabilities of any such person corporation partnership firm or association and to give such indemnity as may from time to time be required in connection therewith; and in support of any such guarantee or indemnity to pledge mortgage or charge as security therefore the whole or any part of the assets of the Association;

5.20 Acquire hold and deal with real and personal property any rights or privileges thereto including lands leases easements buildings premises copyrights trademarks designs patterns patents rights fixed and moveable machinery tools plant implements goods and stock in trade or any rights over or connected with land or real property and hold develop work or otherwise turn the same to account in any manner and prepare reconstruct maintain repair alter add to improve manage decorate furnish equip and replace houses offices shops warehouses factories workshops buildings fixtures chattels plant apparatus conveniences and equipment and consolidate and subdivide properties;

5.21 Notwithstanding the particularity of the foregoing carry out any business and enter into transactions of any nature whatsoever which may conveniently be carried on or entered into by the Management in its absolute discretion notwithstanding that one or more Members of the Management may be either directly or indirectly interested in any such business or transaction;

5.22 Delegate either expressly or by implication the exercise of all or any of the powers or discretionary authorities hereby conferred upon the Management and execute any powers of attorney or other instruments necessary to effectuate such purpose;

5.23 Draw make accept endorse discount execute and issue promissory notes bills of exchange bills of lading and other negotiable or transferable instruments;

5.24 In its absolute discretion as if the Management were acting on its own behalf solely or jointly with any other person company corporation or association open bank accounts of every description upon such terms and conditions as the Management shall think fit and to conduct and operate such accounts in such manner as the Management shall think fit in accordance with the customs, usages and practices of banks including without limiting the effect thereof the power to operate any such account on overdraft and to agree to the bank debiting any such account with interest costs charges expenses and liabilities incurred by the bank at any time or from time to time on behalf of the Association and in addition to any other power herein contained to borrow or raise or secure the payment of money in such manner as the Management shall think fit and to secure the same or the repayment or performance of any debt liability contract guarantee or other engagement incurred or to be entered into by the Association in any way with such bank.

AND IT IS EXPRESSLY DECLARED that without in any way restricting the interpretation or operation of any of the foregoing powers the Management may in its discretion exercise any or all of the powers hereby conferred in common with any other person or corporate body or the trustee of any trust fund for the purpose of entering into any arrangement or agreement whatsoever and in particular but without limiting in any way the generality of the foregoing for the sharing of profits borrowing of money with or without security guaranteeing with or without security the performance of any form of obligation or undertaking of any other person or corporate body AND NOTWITHSTANDING that there is a variation of the interests of the parties to any such arrangement or agreement and the liability of such parties is joint and several.

5.25 Hold all money property or assets of the Association in its own name or for the purposes of continuity of ownership in the name of FSEN as a custodian trustee for the Association.

6. RETIREMENT OF MANAGEMENT MEMBERS

Any member of the Management may resign from the Management by giving notice in writing addressed to the Management;

7. CONTROL OF THE MANAGEMENT BY MEMBERS

The Management at all times shall be subject to all lawful directions of the Members in that in exercising and discharging its powers and duties it shall carry out any directions relating thereto which may be given by the Members further to a meeting of Members conducted in accordance with these Rules.

8. MEMBERSHIP

8.1 All the employees of the South Australian Metropolitan Fire Service ("SAMFS"), Fire Service Credit Union Ltd. ("FSCU"), the United Firefighters Union (S.A. Branch) ("UFU") and all permanent employees of other emergency and allied services at the discretion of the Management (“emergency and allied services”) shall be eligible to apply for full membership of the Association ("Full Membership"/"Full Member");

8.2 Any Member declared further to a resolution of the Management in accordance with Rule 31.1 shall be eligible to be appointed for life membership of the Association ("Life Membership"/"Life Member");

8.3 Any person falling into any of the following categories shall be eligible to apply for associate membership of the Association ("Associate Membership"/"Associate Member"):-

(1) Any retired employees of SAMFS, FSCU and the UFU and any retired permanent employees of emergency and allied seervices;

(2) Any spouse of any deceased Member who was admitted to membership in accordance with either of Rules 8.1 or 8.2;

(3) Any person known as an auxiliary employee of the SAMFS.

8.4 An Associate Member shall not be entitled to vote at any Annual General Meeting or Special Meeting of Members of the Association.

8.5 Any person who is employed and performing paid duties for the benefit of the Association may make application to the Management for membership and the Management in its absolute discretion may offer membership to such a person in such class of membership and upon such terms and conditions as the Management may determine.

8.6 Upon receipt of any application and pay-roll deduction authority form or such other payment authority deemed acceptable by the Management from an applicant the application shall be referred to the Management for its consideration and the Management's decision shall be notified to the applicant by the Manager in writing as soon as is reasonably practicable.

8.7 Upon the admission of any person to membership the person's name and address shall be entered in a roll of membership by the Manager as a new Member.

9. TERMINATION OF MEMBERSHIP

Membership of the Association shall be terminated in any one of the following ways:

9.1 By the death of a Member (which may be followed by an application for membership by the spouse of the deceased Member in accordance with subrule 8.3(2));

9.2 By the Member's resignation in writing to the Manager or by the Member's removal by the Management;

9.3 On a Member's failure to meet any levy or reimbursement of claim that is made by the Management in respect of the Member's obligations financially to the Association, provided the Member in question has been given a reasonable time to meet such levy;

9.4 Where the Member has failed to pay his due contributions to the Association for a period of two calendar months or more;

10. RE-ADMISSION OF MEMBERS TO MEMBERSHIP

10.1 A Member whose membership has been terminated in accordance with Rule 9.4 may be re-admitted as a Member at the discretion of the Management if the ex-Member reapplies for membership within a period of six (6) months from the date of first default of payment of contributions to the Fund;

10.2 Any Member re-admitted to membership pursuant to Rule 10.1 shall, regardless of the Management's acceptance of the Member's re-admission application, not be entitled to Benefits or claim against the Fund in any way whatsoever until the Member's financial obligations due to the Association as determined by the Management have been satisfied.

11. TEMPORARY SUSPENSION OF BENEFIT ENTITLEMENT

11.1 A Member not having been terminated as a Member by virtue of Rule 9.3 or 9.4 shall not be entitled to receive benefits from the Association where:-

11.1.1 The Member's contributions to the Association are in arrears and have remained in arrears for fourteen days after the issuing of a written notice of demand for the amount of the arrears from the Association provided that the Management in its absolute discretion may determine not to apply this sub-clause if it is satisfied all reasonable efforts have been made by the Member to pay the arrears;

11.1.2 The Member has failed to complete, sign and return any claim form to the satisfaction of the Manager.

11.2 A Member again becomes eligible to receive Benefits from the Association when the arrears of contributions owing have been paid (or upon the claim form being completed signed and returned) to the satisfaction of the Manager.

12. POWERS AND DUTIES OF THE MANAGER

12.1 The Manager shall amongst other things fulfil a role as a secretary and treasurer in relation to the Association and in so doing shall have a duty and power to:-

12.1.1 Attend to convening and running meetings of Members of the Association and meetings of Management in conjunction with the Chairman and disseminating minutes of previous meetings in accordance with the Rules herein;

12.1.2 Attend and take a record of the proceedings of all meetings of the Association including Management and subcommittee meetings, and forward a copy of the minutes to each Member of the Management. A copy of the minutes of all Management meetings shall be sent to the Auditor in accordance with Rule 20.3 hereof;

12.1.3 Keep a record of attendances of Members at meetings;

12.1.4 Be responsible for the keeping of all documents papers and books of the Association and shall make the same available to the Management when required to do so;

12.1.5 Keep a Register of Members;

12.1.6 Prepare and take receipt of all Association correspondences and keep copies thereof;

12.1.7 Serve all notices required by these Rules to be given whether to the Management, the Members or otherwise;

12.1.8 Carry out any lawful direction concerning the conduct of the business of the Association which may be given by the Management;

12.1.9 Keep at the offices of the Association at 20 Chancery Lane Adelaide a copy of these Rules certified and dated by the Manager and the Chairman as amended further to resolutions of the Association in accordance with Rule 32 from time to time;

12.1.10 Delegate his aforesaid duties where within his discretion it is necessary to ensure the good and efficient conduct of the business of the Association;

12.1.11 Receive moneys due to the Association and give receipts for the same;

12.1.12 Attend to and take receipt of contributions due from Members;

12.1.13 Pay any account owing by the Association in a sum not exceeding $1,000.00 and otherwise pay accounts when authorised to do so by the Management;

12.1.14 Keep separate and distinct accounts of the Association as directed by the Auditor;

12.1.15 Assess any claims made on the Association by Members and pay benefits to Members as authorised by the Management;

12.1.16 On behalf of the Members pay contributions to medical or health benefits funds, insurance premiums or other government or semi-government benefit funds as the Management may from time to time authorise;

12.1.17 Furnish the Auditor with a correct account of the quarterly monetary transactions and produce all bank statements, vouchers and documents therewith to enable the Auditor to conduct the audit;

12.1.18 Table at each quarterly Meeting of Management quarterly Profit and Loss Statements and a Balance Sheet providing cash flow details showing the Association's financial position and at each monthly Meeting of Management shall table a monthly Profit and Loss Statement and a Balance Sheet;

12.1.19 Furnish a list of Members who have received Benefits from the Association to each quarterly Meeting of Management and have available at that meeting all documents together with ledgers for inspection by any Member of Management when required to do so;

12.1.20 Carry out any directions which may be given to him by the Management;

12.1.21 Ensure that all moneys received by the Association are paid to the credit of the Association's trading or other bank account or its account with any financial institutions or to the credit of any account which FSEN may maintain as custodian trustee for the Association and which is authorized from time to time by the Management;

12.1.22 The Management may appoint a suitable person to undertake the duties and obligations of the Manager during any period of absence of the Manager for whatever reason;

12.2 The Manager as an agent employee or contractor in relation to the Association or as an employee or agent of some other entity which has agreed to provide that person's services to the Association shall be entitled (or the said other entity shall be entitled) to remuneration by way of a fee salary or wage as the case may be in consideration of the satisfactory performance of the duties and obligations herein required to be undertaken by the Manager which remuneration shall be payable weekly or

fortnightly or on such other basis as may be agreed with the Management in such sums or amounts as may be agreed with the Management from time to time and the Manager shall be liable to a termination of the agency, employment or contract as the case may be in the discretion of the Management from time to time in accordance with Rule 5.3.

13. NATURE OF TENURE OF MANAGER

The Manager may be retained by the Association as a full time or part time employee or as an agent or contractor (as an employee of some other entity which has agreed to provide that person's services to the Association) retained to perform specific tasks on such basis as the Management may consider appropriate.

14. UNFINANCIAL MEMBERS

A Member or Associate Member not entitled to receive benefits pursuant to Rule 11.1 hereof may not vote in any ballot conducted by the Association;

15. CONDUCT OF MEETINGS OF MANAGEMENT

15.1 Meetings of the Management shall be held at least every three months or more frequently if the Management shall so decide;

15.2 The Management shall appoint one of their number to be the Chairman who shall be responsible for convening and chairing the meetings of Management and meetings of Members;

15.3 In convening a meeting of Management the Chairman in conjunction with the Manager shall be responsible for the preparation of an agenda and for forwarding the same together with a notice of meeting in writing with at least seven (7) days notice to each Member of Management;

15.4 Unless otherwise expressly provided in these Rules a meeting of Management may only be validly held if a quorum of Management is present and any matter to be decided upon at any meeting of the Management shall be decided by a majority vote of the Members present and unless otherwise required by the Chairman of the meeting or by these Rules voting shall be by way of show of hands;

15.5 The Chairman appointed in accordance with subrule 15.2 shall be the Chairman of all meetings of the Management provided that if the Chairman is not in attendance within fifteen minutes after the appointed starting time of the meeting the Members of Management present (provided they constitute a quorum) shall appoint a Chairman for the purpose of the meeting from amongst those present. A Chairman so appointed shall exercise and discharge all the powers and duties of the Chairman in relation to the matter coming before that meeting of the Management;

15.5 The Chairman of the meeting may, with the consent of the meeting, adjourn a meeting of the Management to a specified date or a date to be fixed.

16. STANDING ORDERS FOR MEETINGS OF MEMBERS OF THE ASSOCIATION

16.1 In the context of any meeting of Members of the Association the Chairman shall at the hour appointed for the commencement of meetings declare the meeting open and the following shall be the order of the business:-

16.1.1 Adoption of the minutes of the last meeting as distributed by the Manager prior to the meeting;

16.1.2 Matters arising from the previous meeting or minutes;

16.1.3 Report of auditor and business arising therefrom (if an auditors report has been prepared since the last meeting);

16.1.4 Correspondence;

16.1.5 Reports of the Management and any business arising therefrom;

16.1.6 General Business and other matters arising.

16.2 A Member may state any urgent business which in his opinion should be discussed by the Association without delay and on such statement the Chairman shall allow the meeting to decide without discussion whether such business should be submitted;

16.3 Any Member wishing to speak shall address the Chairman respectfully. No Member shall be allowed to interrupt a speaker by any expression, except addressed to the Chairman, and no Member shall be allowed to speak before the first has finished. The privilege of speaking belongs to him who is acknowledged to speak by the Chairman first;

16.4 No Member shall speak more than once on any motion or amendment without permission of the Chairman, except the mover of any motion or amendment who will be called upon to reply by the Chairman after the debate has closed, first to any amendment and then to the motion; no Members shall speak to the question after the reply;

16.5 The Chairman shall be entitled to vote on any question considered by the Association in any Meeting of Members;

16.6 The Chairman may call any speaker to order, explain the laws and Rules to the point of order but if any disputes arise a vote of the Meeting may be taken and will be final and if necessary a vote may be taken to eject a disorderly Member from the Meeting;

16.7 When the Association's business has concluded the Chairman shall declare the meeting closed.

17. PROCEDURES FOR CALLING/CONDUCTING THE ANNUAL GENERAL MEETING OF MEMBERS OF THE ASSOCIATION

17.1 An annual general meeting of Members of the Association ("the Annual General Meeting") shall be held not later than the 31st day of October in each year in respect of the year ending 30th June in that year;

17.2 The Annual General Meeting shall be called by the Chairman of the Management in conjunction with the Manager who shall prepare a notice of meeting in accordance with Rule 19.

17.3 If within fifteen minutes from the notified commencement time of the Annual General Meeting a quorum is not present the Meeting shall be dissolved and it shall stand adjourned to the same day in the next week at the same time and place or to such other day, time and place as the Management may advise the Members by notice. At such adjourned meeting the person or persons present and entitled to vote shall constitute a quorum;

17.4 The Chairman of the Management appointed in accordance with subrule 15.2 shall be the Chairman of the Annual General Meeting;

17.5 The Chairman of the Annual General Meeting may with the consent of the majority of the Members present adjourn the same but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place;

17.6 All matters for determination contained in the notice and agenda of the General Meeting shall be decided upon by a vote of all those Members present at the Annual General Meeting, whether by way of secret ballot or a show of hands;

17.7 All other matters submitted to an Annual General Meeting but not contained in the notice of agenda of meeting may be raised as general business and other matters arising and may be dealt with as the Members consider appropriate;

17.8 At the Annual General Meeting unless a ballot is demanded (before or on the declaration of the result of a vote by way of show of hands):-

17.8.1 By the Chairman;

17.8.2 By at least ten members present at the Annual General Meeting who have a right to vote on the matters for discussions thereat;

a declaration that a resolution has been carried on a show of hands, whether unanimously or by a specified majority, or has been lost on a show of hands shall be entered into the Association minute book by the Manager and thereafter shall be conclusive evidence of the result of the vote in question without any further declaration or proof of the number or proportion of the votes recorded in favour of or against the resolution;

17.9 If a ballot is demanded as aforesaid it shall be taken immediately. The Chairman and the Manager shall be responsible for preparation of ballot papers and the holding of the ballot. The Chairman and the Manager shall count ballot papers and declare the result before the Meeting.

17.10 In the case of any dispute as to the acceptance or rejection of a matter voted upon or in the event of an equality of votes the Chairman shall determine the matter or cast the deciding vote as the case may be and the matter determined in this way shall be final and conclusive.

18. SPECIAL MEETINGS - PROCEDURES

18.1 The Management shall be empowered to call a Meeting of Members of the Association to consider any matter of urgency or importance (such a meeting herein referred to as a "Special Meeting");

18.2 A Special Meeting shall be called within 35 days of receipt by the Management (or the Manager on its behalf) of a written requisition requesting a Special Meeting signed by at least 30 financial Members of the Association;

18.3 No business shall be conducted at the Special Meeting other than the business specified in the written requisition as in turn included in the written notice convening the Special Meeting and in all other respects a Special Meeting shall be conducted in like manner to an Annual General Meeting as specified in Rule 17 and in accordance with the standing orders for meetings stipulated in Rule 16.

19. NOTICES OF MEETING OF MEMBERS OF ASSOCIATION

19.1 The Manager shall provide notice to all Full Members and Life Members of any meeting of Members of the Association in the manner referred to hereinafter together with a copy of the minutes of the previous Annual General Meeting or Special Meeting as the case may be at least 21 days prior to the date of any proposed Annual General Meeting or Special Meeting;

19.2 The notice referred to in Rule 19.1 shall specify the place, day and hour of the meeting and in the case of special business, the general nature of such business and shall be sent to each shift at all stations and each department of the SAMFS and in the case of such Members not being current employees of the SAMFS at the offices of the FSCU and the UFU and in the case of any Life Members or permanent employees of emergency and allied services who are Members at the last advised address of each such person;

19.3 The accidental omission on the part of the Manager to give notice of any meeting or the non-receipt of such notice by any Member shall not invalidate the proceedings of any meeting to which the notice refers or any resolution passed thereat.

20. AUDIT

20.1 A qualified registered auditor recommended by the Management shall be appointed by the Members of the Association at its Annual General Meeting;

20.2 Forthwith after the expiration of each quarter the Manager shall furnish the Auditor with a copy of the statement of receipts and payments for the quarter and it shall be the Auditor's duty to examine the same together with the books accounts and vouchers relating thereto. The Auditor may examine any Member of Management or any other person having had an involvement with the Association whether as a Member or otherwise on matters to be investigated for the purposes of the audit and all Members of Management and Members of the Association are hereby authorised and required to provide to the Auditor such information and explanation as relating to such matters as the Auditor may require. The Auditor shall prepare an annual report in respect of the year ending 30 June in each year to be prepared and made available to the Manager prior to the Annual General Meeting for that year. In the report the Auditor shall state whether in the Auditor's opinion the statement of receipts and payments is a full and correct statement containing particulars of all items or items of receipts and payments for the period covered by the statement, and whether the Balance Sheet is a correct and true and accurate statement of the assets and liabilities of the Association as disclosed by the books of the Association and in case he has called for explanation or information from any person whether such explanation or information has been satisfactory and such reports will be read by the Manager at the Annual General Meeting of the Association;

20.3 The registered Auditor shall be sent a copy of all minutes of meetings in accordance with subrule 12.1.2 within 21 days after the close of the Annual General Meetings and Special Meetings, and any meetings of Management;

20.4 The Auditor shall be empowered to recommend to the Management that a Special Meeting be called subject to these Rules.

21. SICKNESS AND ACCIDENT BENEFITS

21.1 Subject to the provisions of these Rules, any Full Member or currently employed Life Member who is unable to follow his occupation through sickness or accident shall, after exhausting all accrued sick leave and being removed from the current payroll listing of the SAMFS, FSCU, UFU or emergency and allied services (as the case may be) for medical reasons only, and on production of a medical certificate for the full period of sickness, be entitled to receive benefits from the Association in accordance with the Sickness and Accident Benefits Schedule (Schedule One) as amended from time to time by the Management;

21.2 No Member shall receive a combined benefit in excess of his aggregate award rate or determined wage or salary;

21.3 A total benefit of a maximum of 26 weeks shall be payable for any particular sickness, accident or disability.

21.4 A Full Member or Life Member on ceasing employment with any of the SAMFS, FSCU, UFU or emergency and allied services shall no longer be entitled to benefits under this clause unless the Member's employment is certified by a recognised medical practitioner as having ceased on account of the sickness or accident of the Member and benefits in accordance with this clause have commenced to be paid.

22. AMBULANCE BENEFITS

An ambulance benefit shall be payable in accordance with the Ambulance Benefits Schedule (Schedule Two) as amended from time to time by the Management.

23. SOCIAL SECURITY BENEFITS

23.1 Where circumstances suggest that a Member may qualify for payment of Social Security benefits including sick and accident benefits or invalid pension he or she shall complete all necessary application forms for payment of such benefits;

23.2 Prior to submission of the relevant application forms the Manager or a Member of Management shall endorse the relevant forms with details of the benefits received by the Member in question from the Association.

24. DEATH BENEFITS

On the death of a Full Member, the spouse of a Full Member, a currently employed Life Member or the spouse of a currently employed Life Member a death benefit may be payable by the Association in accordance with the Death Benefits Schedule (Schedule Three) as amended from time to time by the Management.

25. NOMINATED DEPENDANTS

25.1 A Member shall nominate a dependant/dependants who may include any of the following persons in relation to the Member as the Member's dependants:-

25.1.1 The Member's spouse;

25.1.2 A child or children of the Member including an adopted child of the Member;

25.1.3 A person in relation to whom the Member is in a position of loco parentis;

25.1.4 A parent or parents of the Member.

25.2 The Management may require a Member to nominate a dependant or dependants at such time and in such form as the Management in its absolute discretion may determine;

25.3 The Management shall have an absolute discretion in determining who may be a dependant in relation to a Member in accordance with Rule 25.1 where it appears the Member has made no such nomination or where it is considered appropriate that a nomination having been made should be reviewed.

26. FUNERAL BENEFITS

In the event of the death of a Member or the spouse of a Member a funeral benefit may be paid by the Association in accordance with the Funeral Benefits Schedule (Schedule Four) as amended from time to time by the Management.

27. HOSPITAL BENEFITS

A Hospital Benefit shall be payable in accordance with the Hospital Benefits Schedule (Schedule Five) as amended from time to time by the Management.

28. QUALIFYING CONDITIONS FOR RECEIPT OF SICKNESS AND ACCIDENT BENEFITS GENERALLY

28.1 In the event of a Member receiving or obtaining a financial benefit of any kind, including compensation from any source whatsoever in respect to sickness or accident or disability where such Member is also entitled to benefits hereunder, the benefits payable by the Association shall be liable to be reduced by the amount received from such source, or sources, including any benefit payable from any other fund or funds of any type or description to which the Member may have contributed, or by such amount as the Management shall determine. The onus of notifying the Manager on receipt of such external benefit is on the Member and in default he shall forfeit any right to further benefits from the Association in respect of that sickness, accident of disability and be required to refund immediately any amount overpaid by the Association;

28.2 A Member in receipt of sickness and accident benefits for a period of time to be determined by the Management shall make himself available at any time to the recognised South Australian Metropolitan Fire Service Medical Practitioner or other medical (including dental) practitioner nominated by the Management for medical examination. A Member in default of this clause shall immediately forfeit his right to and be suspended from all benefits for such period as the Management shall from time to time determine;

28.3 The Association shall reimburse the Member for the cost of any medical examination required by the Management;

28.4 The Association may request the medical practitioner to whom the Member is so referred to forward to the Association a report concerning the condition of the Member and the Member's fitness for employment and that report shall be conclusive;

28.5 All claims for benefits under these Rules shall be assessed by the Manager or a Member of Management and shall be authorised by two other Members of Management;

28.6 The Manager shall be empowered to deduct from benefits paid to a Member pursuant to this Rule the following:-

28.6.1 Private health benefit fund contributions relating to the Member's membership of the fund in question;

28.6.2 Insurance premiums i.e. group, car, house, life and similar insurance applicable to the Member himself;

28.6.3 Contributions (if any) to the South Australian Metropolitan Fire Service Superannuation Fund;

where such payments may normally be deducted from the Member's salary;

28.7 Payment of all benefits pursuant to these Rules is made and accepted by the Members subject to the provisions of these Rules, in particular the provisions of Rule 30.

29. RE-IMBURSEMENT OF BENEFITS

29.1 Where a Member who has received or is receiving benefits from the Fund in respect of an injury illness or incapacity in respect of which that Member also recovers worker's compensation, common law damages or any other monetary compensation from a third party that Member shall re-imburse the Fund with the lesser of the benefits paid from the Fund and the amount received by way of compensation from the said third party;

29.2 The Manager or the Management may require a Member of the Association who claims or is being paid benefits pursuant to these Rules to execute a Deed of Indemnity to the Fund regarding a possible reimbursement of Funds in the form prescribed by the Deed of Indemnity herewith immediately preceding Schedule One and such Member shall not be entitled to payment of any benefits as claimed or otherwise unless or until the Member executes and delivers the Deed to the satisfaction of the Manager or the Management together with such other documents or assurances as may be required.

30. REJECTION OF CLAIMS FOR BENEFITS

30.1 The Manager with the approval of the Management shall be empowered to reject any claim for benefits on such grounds as the Management consider reasonable;

30.2 Within fourteen days of the Management's decision to authorise rejection of a claim for benefits under the Fund the Manager shall send or cause to be sent to the Member concerned written notice of the grounds for the rejection of the claim;

30.3 A Member who disputes the Management's decision to reject the Member's claim may within twenty-one days of the date of the Manager's notice prior to the Chairman requesting the question of the person's entitlement to the benefits claimed to be placed on the agenda of the next meeting of Members for the purpose of the Members considering and deciding finally upon that Member's entitlement to the benefits claimed;

30.4 On receipt of such written request the Chairman shall cause the question of the Member's entitlement to benefits to be placed on the agenda of the next Annual General Meeting (or Special Meeting if one is scheduled before then) and shall send with the notice of such Meeting to each Member:

30.4.1 a copy of the Member's claim for benefits

30.4.2 a copy of the Manager's notice of rejection of the claim; and

30.4.3 such other documentation as is considered relevant to the decision of the Management to reject the claim.

31. LIFE MEMBERS

31.1 The Management may resolve to appoint Members of the Association for life ("Life Members") in consideration of meritorious service with the Association;

31.2 A Life Member of the Association shall be entitled to attend and vote at Annual General Meetings and Special Meetings of the Association;

31.3 A Life Member of the Association shall not be liable for any payment of any dues levies or subscriptions but shall be entitled to the benefits provided for by these Rules and the Schedules hereto.

32. AMENDMENTS TO AND REPEAL OF THE RULES OF THE FUND

32.1 No amendment to or repeal of these Rules shall be made except by resolution (by postal Ballot) of no less than fifty percent of those Members of the Association responding to such Ballot;

32.2 The Management or any Member may move for an amendment to or repeal of the Rules and so doing shall forward a written notice of the proposed resolution to the Manager (signed by not less than 30 Members in the case of a Member moving an amendment) and requesting the Chairman to attend to the preparation of ballot papers and forwarding same to the Members together with a notice of the date by which the Members shall respond.

33. INTERPRETATION OF RULES

Should any question arise as to the proper interpretation of these Rules or any part of them that matter shall be referred to the Management whose decision shall be final and binding on the Association and on the Members unless the decision shall be overturned and a Meeting of Members held not more than six weeks after the announcement of the Management's decision.

34. THE CONTROL OF PROPERTY AND FUNDS

The Management shall have the day to day control of all property investments and assets, including banking and other financial accounts of the Association in their capacity as Members of the Management which control shall be exercised by the making of directions as to the making of investments, application of funds and realization of investments to FSEN as the custodian trustee of the Fund.

35. CONTRIBUTIONS TO THE ASSOCIATION

35.1 The amount of contributions due to the Association from the Members shall be determined from time to time by Management and be in accordance with the Contributions Schedule (Schedule Six);

35.2 In the event of the ordinary income of the Association being insufficient to meet the claims upon it, the Management shall be empowered to borrow or to make levies on the Members to the extent necessary to meet the Association's outstanding obligations.

36. DISSOLUTION

36.1 The Association may be dissolved by resolution (by Ballot) of not less than a three quarter majority of all Members of the Association following a Meeting of Members of the Association called for the purpose of considering its dissolution.

36.2 In the event of the Association being wound up at any time the whole of its property shall be sold at the discretion of the Management and the Management shall on behalf of the Association present the proceeds to another similar Association or Associations as may be determined by a three quarter majority of Members present at the Special General Meeting called for the purpose of resolving to dissolve the Association.

DEED OF INDEMNITY

(Rule 29.2)

TO: The Management,

The Fire Service Fund,

20 Chancery Lane,

ADELAIDE SA 5000

(hereinafter called "the Member") on behalf of myself, my heirs, executors, successors and assigns IN CONSIDERATION of The Fire Service Fund agreeing to pay certain benefits to me or on my behalf HEREBY AGREE TO INDEMNIFY AND HOLD INDEMNIFIED The Fire Service Fund being an association ("the Association") of persons having a connection with any of the South Australian Metropolitan Fire Service, the Fire Service Credit Union, the United Firefighters Union (S.A. Branch) and the Country Fire Service in respect of the total of all benefits paid to me or on my behalf by the Association in respect of:-

a) Injuries sustained by me on or about the day of 19 , or

b) Illness which has prevented me from working with the

as from the day of 19 , or

c) My incapacity for any reason in respect of my work with the

which incapacity commenced on or about the day of 19 , or

d) Received by me for any other reason or by my dependants in respect of my death.

IN SUCH CIRCUMSTANCES as where I may recover in respect of the same injury, illness, incapacity, incident or, in the event of my death, where my successors recover, common law damages, compensation or compensatory remuneration of any kind from any party other than the Association whether such payment to me or my successors be by way of arrears or on-going weekly payments, or lump-sum damages or compensation AND IN THE EVENT OF MY SO RECOVERING SUCH PAYMENT from any party other than the Association I undertake to forthwith reimburse to the Association the full amount of benefits paid to me or on my behalf in respect of the aforesaid incident, injury, illness or incapacity.

DATED the day of 19

SIGNED SEALED AND DELIVERED )

by the said Member )

in the presence of: ) ............................

.................................

Witness

.................................

Address

.................................

Occupation

THE FIRE SERVICE FUND

SCHEDULE ONE

SICKNESS AND ACCIDENT BENEFITS

(Rules 21 and 29)

The Sickness and Accident Benefits payable shall be at the rate or rates per hour approved from time to time by the Management for the hours which would have been worked by the claimant but for his/her incapacity due to sickness or injury.

The Benefits payable under this Schedule shall only be available to Full Members and currently employed Life Members.

NOTE: Members are advised that the Management of the Association pursuant to Rule 30 will reject claims for benefits in the following circumstances:-

A. Injuries suffered by a Member as the result of playing sport professionally.

B. Members who are permanent employees, but are paid casual rates (i.e. full or part time casual), and whose rates of pay include a loading to cover sickness, annual leave or other entitlements, shall not be entitled to a Sickness and Accident Benefit.

THE FIRE SERVICE FUND

SCHEDULE TWO

AMBULANCE BENEFIT

(Rule 22)

The approved Ambulance Benefits payable pursuant to Rule 22 shall be until further notice as follows:-

A. In the case of Full Members without Health Insurance but with Ambulance Cover with SA Ambulance shall, upon proof of utilisation of SA Ambulance Services, be entitled to a refund of the SA Ambulance Subscription, for that particular year in which the SA Ambulance Service was utilised.

B. Associate Members (including retired Life Members) shall not be entitled to an Ambulance Benefit.

C. In all cases a Member or dependant of a Member must first utilise his/her health or ambulance insurance for ambulance costs before claiming assistance from the Association.

THE FIRE SERVICE FUND

SCHEDULE THREE

DEATH BENEFITS

(Rule 24)

The approved Death Benefits payable pursuant to Rule 24 shall be as follows:-

A. Full Member

In the case of the death of a Full Member, the spouse of a Full Member, an employed Life Member or the Spouse of an employed Life Member, a Benefit of $2,000.00 may be payable:-

(i) in the case of the death of such a Member the payment may be made to the Spouse, the Nominated Dependant or the Legal Personal Representative of the Member as the Management may decide or

(ii) in the case of the death of the Spouse of such a Member the payment may be made to the said Member

(iii) the benefit in relation to a spouse shall be a once only benefit during the life of the Member.

Member.

EXCEPT THAT the Management may pay a Benefit on such other basis as may be agreed from time to time.

B. Other Members or Spouses

In the case of the death of any other category Member or spouse of such Member no Benefit shall be payable.

THE FIRE SERVICE FUND

SCHEDULE FOUR

FUNERAL BENEFITS

(Rule 26)

The approved Funeral Benefits payable pursuant to Rule 26 shall be until further notice as follows:-

A. Full Member

In the case of the death of a Full Member, the Spouse of a Full Member, an employed Life Member or the Spouse of an employed Life Member a Benefit of up to $3,300.00 may be payable

A. in the case of the death of such a Member the payment may be made to the Spouse, the

Nominated dependant or the Legal Personal Representative of the Member as the

Management may decide or

(ii) in the case of the death of the Spouse of such a Member the payment may be made to the

said Member.

(iii) the benefit in relation to a spouse shall be a once only benefit during the life of the

Member.

A. in the case of the death of a dependant child, to the age of 16 years, of the Full Member,

a Benefit of $1,650 may be paid to the Member.

B. Other Members or Spouses

In the case of the death of a retired Associate Member, or a retired Life Member with 10 years’ continuous membership of The Fund, a Benefit of $1,100.00 may be payable or,

In the case of the death of an Associate Member with less than 10 years’ continuous membership of The Fund, a Benefit of $440.00 may be payable:-

(i) in the case of the death of such a Member the payment may be made to the Spouse, the Nominated Dependant or the Legal Personal Representative of the deceased as the Management may decide,

EXCEPT THAT the Management may pay a Benefit on such other basis as may be agreed from time to time.

THE FIRE SERVICE FUND

SCHEDULE FIVE

HOSPITAL BENEFITS

(Rule 27)

The approved Hospital Benefits payable pursuant to Rule 27 shall be as follows:-

A. Where a Member maintains hospital insurances with an insurer approved by the Management the Member shall receive reimbursement of an excess not covered by the insurer which excess is directly related to the level of insurance cover maintained by the Member and as approved and amended from time to time by the Management.

B. Where a Member maintains hospital insurances with an insurer approved by the Management and the Member becomes liable for payment of a boarding fee to a hospital during the hospitalisation of a dependant child and this fee is not reimbursed by the insurer, an allowance of up to $100 each calendar year, may be reimbursed to the Member. Each claim may be reviewed individually.

C. Where a Member does not maintain hospital insurances there shall be no hospital benefit payable.

THE FIRE SERVICE FUND

SCHEDULE FIVE (A)

SPECIAL BENEFITS

(Rule 3.7)

In the event of a long term illness or debilitation of any Member or family of such Member, Management may procure by way of purchase, lease, hire or otherwise, property, personal chattels or other goods or services for any Member or family of such Member, to a total amount not exceeding $2,000.00 per annum.

Each case brought to the attention of Management will be considered in isolation, with regards to type, value and ongoing nature of assistance required.

THE FIRE SERVICE FUND

SCHEDULE SIX

CONTRIBUTIONS SCHEDULE

RATE OF CONTRIBUTIONS TO THE ASSOCIATION

(Rule 35)

Members' contributions to the Association payable in accordance with Rule 35 shall be, until further notice, as follows:

A. Full Members

(i) Where a Full Member maintains health and/or general insurances through an agency of the Association - $3.00 per fortnight (from 1/01/03) (plus GST from 01/07/2000).

(ii) Where a Full Member does not maintain any health and/or general insurances through an agency of the Association - $4.00 per fortnight (from 1/01/03)(plus GST from 01/07/2000).

B. Associate Member

(i) Where the Associate Member maintains health and/or general insurances through an agency of the Association - $26.00 per annum (plus GST from 01/07/2000).

(ii) Where the Associate Member does not maintain any health and/or general insurances through an agency of the Association - $39.00 per annum (plus GST from 01/07/2000).

THE FIRE SERVICE FUND

SCHEDULE SEVEN

DONATIONS SCHEDULE

(Rule 3.6)

Donations or gifts may be presented pursuant to Rule 3.6 to bodies corporate or incorporate in an amount not exceeding $2,000.00 per annum which sum may be altered from time to time by Management having regard in particular to movements in the Consumer Price Index (all capital cities weighted average) from the date hereof.