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ACOFS AGM 2025 (August 02, 2025)

October 18, 2025 update

On the advice of my lawyer:

  • Own Rules 2012 is to be recognised as the current governing rules of ACOFS.
  • The 2025 AGM was legal and compliant.
  • Own Rules 2012, Clause 31.5, conflicts with the Act and, to the extent of that conflict, under s48(4) of the Act, Clause 31.5 is deemed to have no effect and is thereby replaced by a method complying with the Act.
  • A new Constitution will be put to the Member Federations at the ACOFS AGM 2026. Date to be announced.
  • Notwithstanding the legal validity and legal defensibility of “Standing (Ordinary) Resolution #1 (3 Delegates per Federation)” — properly put forward and properly approved at the ACOFS AGM 2025 — this Resolution is hereby withdrawn and Delegate Allocation at the next AGM or any SGM prior to that will, for the time-being, follow the method specified in Own Rules 2012.
  • “Standing (Ordinary) Resolution #2 (Flat Fees, Equal Fees)” — properly put forward and properly approved at the ACOFS AGM 2025 — remains in force.
  • Notwithstanding the admission and the formal apologies received by CAV/DGS regarding their mismanagement of the legal status of ACOFS’ governing rules, ACOFS reserves the right to apply for intervention through FOI, VCAT, and the Victorian Ombudsman regarding this matter.

Prodos S N Marinakis
ACOFS President

August 18, 2025 update

On August 11 2025, a Senior Regulatory Officer of the Department of Government Services (DGS) emailed me with a copy of the ACOFS Application of Association Incorporation submitted by an officer of ACOFS, along with the Own Rules submitted with that application. The Application is stamped as “Received” by Consumer Affairs Victoria on June 15 2012.

CLICK HERE to view or download the document.

August 15, 2025 update

18 October 2025: WITHDRAWN
ACOFS President declares: Roundtable Model stands.
Governing Rules Status recorded as “In Dispute”

The governing rules status of ACOFS is hereby recorded as “in dispute” due to multiple conflicting statements and documentation from Consumer Affairs Victoria (CAV) and the Department of Government Services (DGS).

The President of ACOFS has at all times acted to protect the rights of members and to fulfil his duties ethically and lawfully.

Unfortunately, repeatedly contradictory actions and shifting positions by CAV and DGS have caused unnecessary disruption, undermined our attempts to comply with the law, placed us in legal dilemmas, and diverted valuable time and resources from a fine, long-standing organisation that should be free to continue its cultural, artistic, and educational contributions to the Australian community.

Upon reviewing, with a fair mind, the following four legal principles surrounding the adoption of the Roundtable Model, I conclude that the Resolutions passed at our recent AGM on August 02 2025, remain valid and cannot be declared void:

  1. The Principle of Continuing Effect of Lawful Resolutions
  2. The Common Law Doctrine of Estoppel by Representation
  3. The Common Law Doctrine of Estoppel by Conduct
  4. The Legal Principle of “No Retroactive Application”

These age-old, time-tested legal principles apply to governing agencies and public servants as much as they do to citizens.

Notwithstanding the above, we will proceed to develop a new constitution, fully compliant with both CAV and ACNC requirements, to remove any ambiguity going forward.

In the interim, ACOFS will continue to uphold the highest standards of governance and comply fully with its obligations under the Act — including our broader duty to hold regulatory agencies accountable on behalf of our members and, where appropriate, the wider not-for-profit sector.

To do less would be to fail in our responsibilities as citizens.

Declared in good faith by the ACOFS President,
Prodos S N Marinakis,
On this day, Friday, 15 August, 2025

AGENDA (Click to open)

(Updated July 30 2025. Minor updates and some tidying up of formatting.)

(Updated July 31 2025. Fixed clickable link.)

Updated August 02 2025 (Added notes on proxies, tidied up & changed page numbering)

Videoconference room

FilmSocieties.LOVE/prodos

(Enter as “guest”)

CONTACT PRODOS

Email: president@acofs.org.au

Text/Phone: 0421 492 743

Phone only: 1800 PRODOS = 1800 776367

TREASURER’S REPORT (click to open)

  • ACOFS has two accounts: A cheque account & a Fixed Term Deposit which rolls over on February each year. The interest from this automatically gets popped into the cheque account.
  • The Treasurer’s report provides details for the 2024 Calendar year
  • It also includes additional information about the current status of the accounts
  • Plus a couple of comments the Treasurer considers relevant or of interest to the AGM.
  • Summary: ACOFS finances are fine.

CORRESPONDENCE

(Deferred. Secretary called away to USA on family matter.)

Roundtable Proposal (click to open)

  • Standing (Ordinary) Resolution #1 (3 Delegates per Federation)
  • Standing (Ordinary) Resolution #2 (Flat fees, Equal fees)
  • Honourable Undertaking (A Higher Standard for Quorum)

Minutes of ACOFS AGM 2024 (click to open)

These minutes were sent to all Delegates early September 2024.

ACOFS+ Report (click to open)

“A Creative Services Supermarket designed to empower all Federations.”

  • This version is from July 24 2025
  • One further technology service have been added since that date & one already-existing service has changed status from beta to “soon available”.
  • Also, two already-developed website infrastructure platforms were accidentally left out of the above document.

Opening Remarks from the ACOFS President

Presented by Prodos S N Marinakis at the ACOFS AGM 2025 as the Presidents Report

Legal Constitution: Certified by the CAV Registrar

Available now: Certified copy of the current legal Constitution of ACOFS (being the Model Rules)

CLICK HERE to view or download.

Please note the following law:

– – – – – – – –

ASSOCIATIONS INCORPORATION REFORM ACT 2012 – SECT 216

Evidentiary provisions

(4) A copy of a document relating to an incorporated association that is certified by the Registrar as a true copy is admissible in evidence as if it were the original document.

Federation Reports

Western Australia (click to open)

Short video: How anyone, anywhere, day or night, can easily verify the current legal Constitution of ACOFS

Six happy, thriving Federations!