How does being a member of a co-operative affect me?
- What is a co-operative?
- What rights do I have as a member of a co-operative?
- What obligations do I have as a member of a co-operative?
- Is my co-operative eligible for SIRP assistance?
- Am I eligible for SIRP assistance personally as a member of a co-operative?
- How do I leave the co-operative?
- Am I eligible for a SIRP Re-establishment Grant if I leave the co-operative?
In NSW there are 3 sugar mills, being Condong, Broadwater and Harwood,
all of which are owned by the NSW Sugar Milling Co-operative Limited,
a co-operative formed by the 600 (approximately) NSW sugar cane growers
in 1978. The Co-operative also has a 50% interest in Manildra Harwood
Sugars which owns and operates the only NSW Sugar Refinery, the Harwood
Refinery. As a co-operative member, you remain entitled to Government
assistance under the Sugar Industry Reform Program (SIRP) but
membership of your co-operative may affect some of the benefits you can
claim.
A co-operative is a voluntary association which is owned and controlled
by the people it serves (ie in this case, the NSW cane farmers) who have
joined together for a common benefit. Co-operatives in NSW must
be registered at the Office of Fair Trading's Registry of Co-operatives & Associations
under the Co-Operatives Act 1992 (NSW) (the Act) and Co-Operatives
Regulation 1997 (NSW) (the Regulations).
Every co-operative has a set of rules which say how the co-operative should
function. The co-operative’s rules are a contract between the
co-operative and its members.
Co-operatives have a legal existence separate from that of the members
and directors. Co-operatives can do all the things a body corporate
can do including suing or being sued in its own name, and dealing with
property in its own name.
A member of a co-operative is not personally liable to the creditors of
the co-operative, nor is a member personally liable to the co-operative
itself, except for any share capital or charges payable pursuant to the
co-operative's rules.
A co-operative is required to hold Annual General Meetings similar to those
of a company.
(For further information in relation to co-operatives and the NSW Registry see http://www.fairtradng.nsw.gov.au/business/cooperatives/
registryofcooperativesandassociations.html)
Your rights will depend on the rules of your co-operative. As a member
of a co-operative, you have a vote in the Annual General Meeting of your
co-operative.
Co-operative members have an obligation to be "active" members
and must obey the rules of the Co-operative.
Yes. The NSW Sugar Milling Co-operative has already received assistance from the SIRP package through the sustainability grant and the Minister has promised that all forms of assistance are available.
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Yes. As someone engaged in the Sugar Industry, you will be eligible
for SIRP assistance provided you meet the requirements of one or more particular
Government package of assistance. In addition to the assistance available
to the Co-operative, individual cane farmers are entitled to personal assistance
in relation to your farming activities including financial planning assistance.
There is no specific provision in the Co-operatives Act for resignation of membership but, subject to the rules of your co-operative, you can resign from your membership of the co-operative at any time. In order to resign, you must dispose of your share capital. You will automatically cease to be a member of the co-operative if you become bankrupt or if you are expelled in accordance with the rules of the Co-operative.
topIn order to be eligible for a SIRP Re-establishment Grant you must have ceased all activities within the industry including cane farming and membership of the co-operative. You must also meet the other requirements of the grant. (See http://www.affa.gov.au/content/output.cfm?ObjectID=3662DAEF-3235-4FA8-86F13B5961C60A12#reestablishment